Introduction

This is a story about a corporation ...

... a subculture that condones bullying, and lying ...

... how combining the two led to a lawsuit ...

... and some legitimate concerns about the company's [mis]representations, made under oath ...

... as well as a few disturbing insights into the hidden motives driving some of today's business decisions.


Here's one such disturbing insight:

The fact of the matter is that www.orafraud.org went online January 10, 2004.

Domain Name:ORAFRAUD.ORG
Created On:10-Jan-2004 15:23:20 UTC

... but the earliest release I can find of the news of Larry Ellison's resignation is January 13, 2004.


Is there a connection? You'll have to draw your own inferences.

However, as you read the journalistic narrative that follows, keep in mind this coincidence - you will find that this narrative is filled with coincidences.

(Also, when contemplating the fundamentally David versus Goliath nature of this struggle, keep in mind which of the parties is Goliath.)

I've tried to keep this narrative fairly chronological. If I've failed and you have any questions, please let me know.


Outline

  1. The Corporation
  2. The Culture
  3. The Lawsuit
  4. Behind The Scenes
  5. Legitimate Concerns
  6. Disturbing Insights






The Corporation

The defendant in what began as an unlawful termination lawsuit is the large and fabulously wealthy software company, Oracle Corporation, of Redwood Shores, California - whose speciality is, among other things, fraud, ummm, detection, and whose charismatic leader - Larry Ellison - has been compared to G-d (and, I surmise, perhaps a few other deities, as well).

The Culture

The subculture I refer to does not have any one name that it cares to be known by ... but it transcends national origin, and religious faith, in the name of a political alignment that, at this time, is indistinguishable from the Jewish Defense League - so that's what we are going to call it, until such time as it is possible to discriminate between the two organizations.

When we combine this corporation - with its legendary contempt for the rule of law - with this culture - with its legendary contempt for anyone who is not Jewish - we get the following ...

The Lawsuit

As noted above, the lawsuit was filed against Oracle Corporation - and the lawsuit's dismissal was based on grounds which, it turns out, seem to have been arranged to mislead San Mateo Superior Court into delivering an erroneous verdict, in Oracle's favor; IE, fraud.

This lawsuit merits attention, even now. With the passage of time, many of the witnesses - my peer employees and immediate management, at the time - no longer work for Oracle, and are, I believe, more free to discuss what happened, suffering less fear of retaliation, than had been the case, at the time when the events I describe, were occurring.

Some of the evidence that has accumulated, as time has passed, suggests fraud and perjury.

Some of the evidence that has accumulated, as time has passed, suggests criminal conspiracy.

There are grounds for civil suit, also, I believe.

Although the statute of limitations protects defendants in a criminal lawsuit from criminal prosecution, after seven years, the court proceedings concluded in 1997; and so it would seem that the statute of limitations will not protect this company and these individuals until 2004 ... if then, given that they seem to have deliberately misled the court ... and omitted vast reams of evidence from their response to the the subpoena(s) served, to boot.

(Indeed, it is my understanding that criminal conspiracy does not have a statute of limitations; as in murder, the court, in its wisdom, declines to forgive transgressions which are calculated to pervert justice.)


The Defendants

Nine individuals were also named as defendants in San Mateo Superior Court case #393104. The complete list is as follows:


The Plaintiff

Shown on the right, above, my name is Richard Childers, and I am a computer and networking services administrator, professionally; but I have also been a court-appointed foster parent, for several years, in the City & County of San Francisco ... as well as a frequent blood, platelet and occasional white cell donor (over 100 donations of platelets, alone) ... and a licensed amateur radio operator (callsign KG6HAC).

I'm still close to my foster daughter (who is now in her 20s, and herself a parent of one child).

I, myself, am now married, and the father of three young children.

After this happened, I suffered what I suppose might be described as a partial breakdown, and was diagnosed with post-traumatic stress disorder (PTSD); this may be germane as you, the reader, try to understand why it took me so long to find the words to articulate what has happened.

I believe that the intent, on the part of specific individuals, was to overwhelm me with such an abundance of traumatic events as to create the emotional equivalent of an occlusion, as a result of being the target of a sustained assault - upon my dignity, my character, my reputation, and the integrity of my relationships with my family and friends. In this, these anonymous individuals were successful. The damage I sustained has interfered with my ability to articulate what happened for over a decade.

I cannot talk about what happened to me; I can only write about it.

I have to credit the birth of my children, and the passage of time, as the two things that have healed me most, and given me the motivation to pursue the resolution of this state of affairs.

The events I relate constitute unacceptable behavior on the part of a group of people. Once one realizes this, one is faced with a fundamental decision. Are you going to accept this? The definition of unacceptable behavior is, after all, behavior that one refuses to accept or condone. I have consistently refused to accept, or condone, this behavior - and I have suffered for my stand.

Some day my children will ask me to explain to them, why it is that they have no paternal grandmother, no grandfather, no uncle ... and when they do, I will be able to answer their questions - in detail.


Naturally there are those whom, reading this, would suggest that I was in need of some sort of counselling (other than legal counsel, that is).

It's not impossible that they are correct - and yet, if I were to discuss this case with a hypothetical crisis counselor of some sort, it's likely that, after reviewing my actions - which are writing about what happened and seeking tangible resolution - that they would agree that I could do nothing better than what I am doing now.

One consequence of this insight is that one realizes that those whom would urge me to remain silent about this matter have motives other than my wellbeing at heart.

It would probably be wiser to assume that I have already received all the medical counselling that I may (or may not) require, in order to demand an accounting. The time has arrived for the accounting. It has been delayed for over a decade. There is no need to wait any longer.

Let me assure you - I am not suffering from schizophrenia, or paranoia. (Depression, perhaps ... and some problems with low self-esteem, if anything.)

And if I were, this would only indicate that I was incompetent to handle my own affairs - non compos mentis - and would extend the deadlines for filing a lawsuit until such time as I was again sane.

There is no pathological behavior, on my part, however - only a pointed description of a pathological situation, that has come into being through sustained oblivion, on the part of public officials ... whose competence, impartiality, and accountability are being publicly scrutinized.

As for schizophrenia - another charge a few correspondents have deployed - I've read Bateson's theory of the double bind (while studying cybernetics), and I've read other studies that refute the memetic aspect, and argue, instead, for changes in brain chemistry. While researching this article I discovered another interesting link, discussing the study of diagnosing mental illness through analysis of problem solving algorithms, as represented in the Prolog programming language ... as can be seen, it's just not that simple. And there are serious questions to be asked of anyone whom arrogates to themself the capacity to remotely diagnose schizophrenia.

It's all very fascinating ... but totally irrelevant to the objective facts of the matter at hand - which are fraud, perjury, and conspiracy.

Sure, it's an old trick to erode your opponent's credibility, by ...

Lawyers rely on this so frequently that it has lost most of its effectiveness. It doesn't work any more, except on those who are not expecting it - much like purse-snatching, rape, kidnapping, and other forms of premeditated criminal assault.

Unfortunately, as noted above, individuals making such remote diagnoses, while not lacking, tend to universally lack the required formal qualifications - as well as the ability to articulate the specific symptoms which informed their remote diagnosis ... without any sort of examination of the patient. They often don't even know what the DMS-IV is. 'Nuff said.

Lacking evidence to the contrary, it is not unreasonable to suggest that people intent on promoting themselves to the position of licensed medical practitioner, able to diagnose (although not treat) psychiatric diseases, are probably, themselves, in greater need of psychological counseling, than I will ever be.

... As for paranoia, I can show you the electronic mail I received, a few weeks after I first posted an earlier version of this article, on www.craigslist.org; it had been forged to appear as if it had come from the Craigslist mail server ... and contained an implicit threat.

Or I could show you the (forged?) electronic mails I received from wellsfargo.com, implying that someone was trying to use the bank account that my paycheck was deposited to, when I was an employee of Oracle Corporation, to get a commercial loan - incidentally confirming that confidential employee data was leaked by someone within Oracle Corporation's Human Resources Department, recently.

No, this is definitely not a joke.


It seems fair to say that the playing field was tilted, to give an already larger opponent, an unbeatable advantage. In retrospect, this is noteworthy, because it is suggestive that the stakes were higher than might, at first, casual examination, seem possible.

My charge is quite serious. I have been defrauded of a fair hearing before a jury of my peers.

I have absolutely no motivation to remain silent ... and I have every reason to demand a retrial (to say the least).

Indeed, I'd be crazy to do anything else. And - who knows? - perhaps I was. I was certainly numb with pain ... and so angry I was unable to speak about what had happened, for years.


I have been looking for the right words, for over ten years - and I'm still looking, even today. This is only a summary.


The Zealots

For several years - including the period that I was at Oracle - I was responsible for voluntarily administering the BITNET mailing lists UUS-L and, later, QUAKER-L.

Although raised as a Unitarian-Universalist, myself, I was comfortable in this dual role, as I had much in common with both groups, including an interest in religious matters, and an abiding commitment to freedom of speech and thought (which has found its greatest fusion, amongst those of a like mind, here in North America, in the Boston-based American Friends Service Committee).

The events I describe, below, make Martha Stewart look like an amateur. Successfully perpetuating frauds that sustain the passage of time requires a large group of people with familial ties - blood relatives, cellmates, members of a military unit, or something equally compelling.

Here we have a story of employees repeatedly willing to risk prison. It's worth asking: why?

It's probably relevant, here, to note that the Oracle Corporation got its start as a spinoff - presumably funded by United States taxpayer dollars - for the United States Central Intelligence Agency (CIA) - writing database software. So when I refer, in this article, to relationships between the company, and The Company (as well as its brethren, around the world) ... it is a simple observation of fact.

~8~

Maybe that's a good place to start.

I started working at the Oracle Corporation in 1991 ... and, a month or so after I started working there, I was nearly fired for what can only be called political and religious reasons, related to my naive belief in the freedom of United States citizens in general, and the Internet in particular.


A few years before my resume had ever been submitted to Oracle's MIS Department ... one rainy evening, after listening to one program too many of conspiracy theory, from nearby radio station KFJC, I had created the USENET newsgroup alt.conspiracy.

At the Oracle Corporation there was a commitment to freedom of speech. Not just a verbal contract, but unfiltered USENET newsfeed, for instance, were some of the things used to attract people to work there, in 1991. Oracle*Mail mailing lists included not just technical lists but also lists dedicated to sexually charged topics, such as gay and lesbian interests.

Internally, the Oracle-based mail product, Oracle*Mail, was used by the entire company, its contents were backed up with machine-like regularity one or more times a day, and one of my coworkers - Ricardo Rivera, a senior database administrator - occupying the office two or three doors up the hall from my office, in 4OP4 (400 Oracle Parkway, 4th floor), just above the data center (4OP3), classrooms and security (4OP2), and cafeteria (4OP1), was its sole administrator.


After handling a TAR (internal slang for Technical Assistance Request) calling for the installation of trn(1) on a SunOS server, the first newsgroup I tested was alt.conspiracy - I wanted to see how my creation was doing.

Denial Of Service

Imagine my surprise when I found a huge furor over something called Holocaust Revisionism ... and a lot of effort going into censoring, by mailbombing - umm, that's electronic mail bombing, to be precise, what we nowadays call a DoS, or Denial of Service attack - the source of this forbidden reading material.

Did your blood pressure just go up? I know how you feel; maybe better than you do.

Oy vey. Don't these people have better things to do with their time?

The furor seemed to be over a few references to books by Robert Faurisson and David Irving, from a person (whom, it later turned out, was about 16 years old), posting to USENET.

However, the bullying was mercilessly coordinated, across state boundaries, by at least three individuals, all adults, located in Massachusetts (Barry Shein), Florida (Danny Keren), and Oregon (the state in which the minor these adults were targeting, resided), as I recall.

Because Barry Shein, in Boston, seemed to be the chief bully (for lack of a better term), I wrote to him (as is frequently the case, amongst peers), suggesting, via email, that the USENET - not to mention the whole United States - was founded on the principle of freedom of speech (not to mention freedom of the press), and that he should give it a try.

Electronic Terrorism

His response, to make a long story short, was to directly contact at least a dozen individuals (in the words of Steve Zoppi, the Director of Oracle's MIS Department, at the time) at Oracle Corporation and compel, coerce, or inflame these anonymous intermediaries into contacting Steve - and demanding that I be immediately terminated.

The names of these dozen, or more, brave individuals remains unknown, even today, leaving me with the impression that none of these people had the courage of their convictions ... and that they are, fundamentally, cowards, as well as bullies. ... As for Barry Shein, I believe he is a strong candidate for any awards that might be intended for the inventor of the Denial of Service (DoS) concept. ... But I digress.

After Barry Shein did this he sent me an electronic mail suggesting that I would not be at Oracle Corporation long enough to even read the electronic mail containing the information that I would not be at Oracle Corporation long enough to read the email - predicting, in retrospect, my immediate termination, without cause, as initiated by his covert actions - what we, here on the West Coast, would call blind-siding ... bush-whacking ... premeditated economic sabotage ... or, perhaps, an act of terrorism.

It seems likely that he called me anti-Semitic.

Steve Zoppi, the Director of Oracle's MIS Department, was the one who told me that at least a dozen individuals had contacted him, within Oracle Corporation, each demanding that he, Steve, immediately terminate me ... when he met, with me, and my manager - Patricia McElroy - in his office, with the door closed.

One of those so demanding my termination, I was told, was Larry Ellison's left-hand man, Robert Miner ... the person that Steve Zoppi reported to, every day.

Steve wanted to hear my side of the story; and I told him my version of events. He acknowledged that he understood my perspective. Steve told me that he did not think that my offense warranted termination - and that he did not want to be involved in an unlawful termination lawsuit.

Steve told me that he was Jewish. I slowly gathered the impression that, shall we say, a statistically improbable percentage of the population of Oracle Corporation (which numbered around 5000 at the time) was Jewish; a fact which would be difficult to prove, without prior and intimate knowledge, and which, as we will see, has profound implications.


Defining Judaism

And what is Jewish, anyway? In my position, as neutral observer, I I have been given a golden opportunity to help refine this definition.

I have spent over a decade contemplating this question. Taken chronologically, the word Jewish can be interpreted as ...

That's not a complete list - but it does identify anthropological, archaeological, cultural, religious, genetic, political, psychological, nationalist and linguistic dimensions as critical to the definition of the term ... and nine dimensions is about three times more than most people can hold in their head ... a small indicator of the complexity of the identification - not even taking into account all the shadings and permutations implicit in a matrix possessing nine [or more] major dimensions.

When all is said and done, however, it's clear that it is a club whose membership is limited to those whose mother was a member of the club - those are the rules and that's final.

Perhaps this is, in no small part, why it would not be inaccurate to describe this club as the largest dysfunctional family in the world. Its battles with enemies - real, imagined or invented - on the outside are nothing, I surmise, compared to its internal schisms.


A Virtual Nation

Some members of this club have recently made an attempt to create a state, leveraging off of their club's well-deserved reputation for intellectual and political capacities, to bring this state into being.

What they, perhaps, have failed to realize is that Israel - the people, not the geography - can be seen as the world's first successful virtual nation - like a multinational corporation, it has no boundaries, and its assets are distributed, around the world.

It is my analysis that Israel's perceived weakness - its distributed nature - is actually its greatest strength - because the hybrid vigor that results from the constant exchange of genetic material and ideas with their hosts has, over the centuries, given the Jewish people - as mentioned above - a vast repository of capable, well-rounded people, and a well-deserved reputation for physical stamina, and intellectual and political brilliance.

In defense of the United States, however, Israel hardly has a handle on vigorously hybrid populations - the United States offers far more opportunities for hybrid vigor to occur, and for this reason can be expected to continue being a predominant force in intellectual and commercial circles for another century or more, to come - by this reporter's estimate - so long, that is, as the US continues to absorb, and accept, the best, the brightest, and the strongest ... free of the sort of bigotry I describe, herein.

If we assume that, like any other population, those whom identify as Jewish, when their characteristics are mapped statistically, distribute along the lines of a bell curve ... then we can infer, from the reputation for artistic attention to detail, medical and intellectual brilliance, and a historical dedication to healing that individual members of the culture have contributed, at one end of the bell curve, that there are also members of this population whose dedication to hurting and hatred is as correspondingly great - a mafia, for lack of a better word ... and that, in the middle, as always, are the hapless majority, indifferent and oblivious to the larger issues of the day.

And there, in a nutshell, you have Judaism; a house divided, and sorely in need of healing.


Is This A Hate Crime?

Although I did not know it at the time, I had kicked open an ants' nest of, shall we say, hatred, amongst those of my peer employees who were Jewish ... and even, I surmise, a majority of my coworkers.

The question has to be asked: Does Oracle Corporation's employees' collective behavior - motivated, as it was, by hatred and maliciously provided disinformation - constitute an hate crime? At this time, the question has yet to be answered.

(This collective behavior almost certainly had a lot to do with what happened to me, a year later, not too long after Steve Zoppi left Oracle; but these details come later in this narrative.)


It would be easy, I suppose, at this point, to dismiss me as some sort of racist. You would be getting closer to the truth - this story definitely involves a form of racism. But I am not the source.

The fact is that as a member of the San Francisco Unitarian congregation, I am probably something of a judeophile, or philosemite, rather than a judeophobe, or antisemite (whatever a semite is). I have been attending common Thanksgiving services with the congregation of Temple Emanu-El since I first became affiliated with the San Francisco Unitarian Church, in 1972, at the age of 10.

My foster daughter is half black, and half Indian; my children are half Cantonese. I, myself, am a descendant of Hungarian, Irish, Scottish, English, German, Cherokee, and Jewish peoples. I'm about as American as one can get, genetically, culturally, and historically speaking.

If I were seriously in favor of racial and cultural homogeneity, I'd have to address the thorny problem posed by my own existence.

So much for absurd and prejudicial conclusions.

And now, back to our story.


After I had showed Steve a copy of the electronic mail I had received from the Chief Bully, boasting to me that I was now unemployed, Steve told Patricia and I that he was going to stand up to his boss - Bob Miner - on this one, and that he did not want Oracle to be involved in another lawsuit.

Indeed, a few months before - this would have been August of 1991, I think - when I had been taken on an initial tour of the Oracle Data Center, I had noticed hundreds of reel-to-reel computer tapes, in boxes and piled up all around the Data Center, stacked in spare corners here and there. Concerned about offsite storage policies and the integrity of the data on the reels, I had asked about it, and had been told that they were backups related to a lawsuit, filed by some of Oracle's stockholders, against Oracle Corporation.

Now that I know more about Oracle's approach to resolving legal conflicts, I wonder whether they were rewriting the tapes to contain the data needed, in order to bring in a positive verdict.

Steve wasn't just representing his own interests here; he was representing his entire company's best interests here, because, as it so happens, that email did end up as Exhibit #1, if I recall correctly.

Steve said one other thing of importance to this story. It took several years for me to understand the full implications of what he said ...

He said that this campaign against me reminded him of the Jewish Defense League.

In retrospect, I think he was trying - circumspectly - to give me a warning. And for that - among other things - I thank him; he taught me that Jewish does not equal Jewish Defense League, and that is a very important lesson, for everyone.


Ten years ago the JDL was just another AIPAC, to me. The Jewish Defense League, at that time, had not been formally identified by the FBI as a terrorist organization.

It was not until after the JDL tried, and failed, to bomb a California congressman, a few years later, that the Jewish Defense League came to be listed as a terrorist organization, leading to the imprisonment, and mysterious death [or was it? - there are rumors to the contrary] of the leader, Irving Rubin, while in prison. But, I digress. Remember: Google.


An NGO Of A Different Stripe

Why Bob Miner, founding partner of Oracle Corporation and VP of Networking, would follow the orders of someone three thousand miles away, working for an entirely different company, is a topic that, at this time, has largely been unexplored.

It seems reasonable to suggest that if Bob Miner accepted instructions from outside Oracle Corporation regarding candidates for termination, that Bob would also be receptive to suggestions from outside Oracle Corporation regarding candidates for promotion, or employment - and in a position to see that they were carried out - leading to a situation that might be in Bob's favor, but not necessarily in Oracle's best interests.

One hypothesis which has been advanced and which offers a consistent, though disturbing, explanation, is that both Bob Miner and Barry Shein were members of some organization, perhaps military or paramilitary in nature, that imposed discipline - and, in this organization, Barry Shein outranked Bob Miner.

It might be easier to assimilate this concept if you think of it as yet another NGO, or Non-Governmental Organization. After all, GreenPeace organizes to achieve political ends, across international boundaries - why shouldn't those with stronger motivations, better funding and fewer scruples do the same?

Bob Miner's Death

Regrettably, Robert Miner - founder of Oracle Corporation and VP of Networking - died, from an exotic form of cancer ... in 1994, just a few months after the complaint, describing the events at Oracle Corporation, had first been filed with the DFEH. That is, the complaint was filed on July 13th, 1994 ... and, four months later, Bob Miner was dead, of cancer.

It's not clear if his death would make answering these questions harder ... or easier ... although the rareness of the form of cancer that killed Bob Miner, not to mention the date of its first diagnosis, may cast some light on the improbability of Robert Miner's passing.

Larry Ellison has been quoted in the press as saying that Bob Miner's death did not need to happen, if I recall correctly; food for much thought, there.


Political Surveillance

Although I was numb with pain, and oblivious to current events at the time - and no one ever drew it to my attention - I was not the only one receiving this sort of outrageous treatment.

In San Francisco newspapers there was a furor over the discovery that the Anti-Defamation League, or ADL, had been purchasing the contents of the San Francisco Police Department's political surveillance databases.

I suspect a lot of important questions in this case were never asked.

For instance:

Personally, I suspect there's a lot more information, waiting to be exposed.

The Incorruptible Judiciary

One of the people that the Anti-Defamation League had tagged as anti-Semitic was the wife of Paul 'Pete' McCloskey - a military veteran, a lawyer practicing in Redwood City, California, and a former United States Representative, elected to Congress - apparently as a result of her opposition to Israeli apartheid - which was, it seems, interpreted as support for the Palestinian cause, hence, opposition to Israel.

Mr. McCloskey represented his wife in a defamation suit against the ADL, and, after ten years, prevailed; not monetarily, no, the rewards barely covered his time and expenses, but he did succeed in establishing the astonishing fact that the judge hearing his case against the ADL, in Los Angeles, was actually the chairman of the Los Angeles branch of the Anti-Defamation League ... and had refused to excuse himself from hearing a case involving what was an obvious conflict of interest.

The exact relationship between the JDL and the ADL is largely undocumented ... but I believe that it would be fair to infer that one exists.

It would be easy to dismiss my conclusions ... but in order to do so, you will have to ignore the fact that the International Jewish Peace Union agrees with my analysis.

~8~
The Accusation

It was perhaps a year later, not too long after Steve Zoppi left for Adobe Systems, and our department was without oversight, that I was accused, by a female coworker - Betsy Guala - of sexually harassing her ... via electronic mail.

To make a long story short (the details are readily available in the complaint I filed with the California DFEH), while Oracle Corporation's Human Resources Department moved quickly to interview me, they refused to provide any resolution to the accusations, even going so far as to say that there was nothing in writing; apparently, the Manager of Human Resources - Michael Satterwhite - had not asked to see the offensive electronic mails, and never, apparently, demanded them from Betsy Guala, the young woman making the allegations.

(Here we see the majestic rule of law at work, within Oracle Corporation; beautiful, ain't it?)

While no resolution was provided - no, it was deliberately withheld - over a period of three or four months, people were free to gossip - and, from all indications, they did. Whatever peace of mind I might have had was constantly being undermined by my coworkers' relations with me, which were strained.


However, in subsequent legal proceedings, Oracle denied I had ever been accused of sexual harassment - and challenged me to prove otherwise.

It seems reasonable to ask: if this is true, would it be fair to characterize the entire proceeding at Oracle - carried out by Oracle management - as a fraudulent one, and if so, would California Civil Code, Sections 3294(b) and (c) apply?

(b) ... With respect to a corporate employer, the advance knowledge and conscious disregard, authorization, ratification or act of oppression, fraud, or malice must be on the part of an officer, director, or managing agent of the corporation.

(c) As used in this section, the following definitions shall apply:

(1) "Malice" means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others.
(2) "Oppression" means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights.
(3) "Fraud" means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury.

The Suspension

In January 1993, a week or so after receiving a bonus for the previous year (one that was, in retrospect, incredibly small - I think it was 2% of my pay for the last year), I was compelled, by the same manager of Human Resources whom had presided over this three-to-four-month-long drama - Michael, AKA Mickey, Satterwhite - to take a psychiatric medical leave.

This move may have led to his own termination, a few months later - as, I later discovered, there was another plan being put into action to justify my termination ... which his hasty actions, it seems, interfered with ... and, apparently, a few months after I was terminated, Michael Satterwhite was no longer at Oracle Corporation, either.

As for why Michael Satterwhite was never deposed ... more about that, below.


The Accident

While I was enduring this compelled medical leave - wondering if this would end up in a lawsuit (about which topic, at the time, I knew nothing) my elderly stepfather - Leon Edward Salanave - fell in front of a truck, one morning, as he was walking across Geary Street, here in San Francisco ... and was dramatically hurled through the air, and against a lamp post ... eventually dying, after three days of intensive care.

As a member of Oracle's Emergency Response Team (ERT), I received training in CPR, and firefighting, but none of it prepared me for Leon's many injuries.

It's instructive to itemize the wounds, just to get a feel for the energy involved in this particular pedestrian accident.


The Probability

I personally do not believe that Leon's death was an accident.

Consider, for a moment, the proximity of these events in time - all of these events occur within a few days of my being placed on medical leave (during which time I am likely to be consulting with a lawyer, naturally).

Is there a pattern here? It's hard to say. However, it is inarguable that, if we apply Occam's Razor - The simplest explanation is probably the right explanation - to this sequence of events, we are left with the uncomfortable conclusion that the simplest explanation is that these events are connected, and that while it is not impossible that these events just happened ... that it is statistically improbable.

The fact is that it is highly improbable that all three of these events just happened, independently of one another. Not impossible - but unlikely.

And, let's face it - employees of the Oracle Corporation certainly knew where my family lived ... interested individuals had everything they needed, in my Human Resources file. Emergency contact names, addresses, telephone numbers - a carefully prepared list of who I cared about, and who cared about me.


While I was holding my stepfather's hand, and feeling his pulse fade ... my brother, Thomas Childers, was hard at work, for Oracle Corporation.

Yes, that's right - my older brother, Tom, also worked at the Oracle Corporation. Tom had received a $1000 bonus for referring me to the Oracle Corporation.

He was under a deadline, he said; perhaps in line for a raise, or a bonus, or both, I now surmise.

But for whatever reason, he was not at my stepfather's bedside. He was at work.

~8~
The Termination

Again, we will fast-forward this story by saying that when I returned to work, some weeks after my stepfather's death ... I was terminated, after about two days, for having been unproductive, over the previous weeks.

Casual analysis of the period under question - the two weeks between when I had received a year's end bonus, and when I had been put on suspension - shows that the period in question is about two or three weeks long - hardly long enough to provide metrics to substantiate such a claim.

Here we see, exposed, the sheer bad faith that drove my termination ... as the same Manager of Human Resources who had refused to provide me with closure now punished me for having dared to ask, by terminating me, for grounds which he had engineered, and which had no basis in reality.

No grounds were ever offered to substantiate these claims, of course, even though Oracle Corporation has a comprehensive technical assistance request (TAR) RDBMS, based upon Oracle Corporation's own products, and backed up by Oracle Corporation's own Data Center.

No metrics supporting this allegation were among those documents turned over to my attorney, after subpoena, and none were ever offered or referred to. The question of whether the Oracle Corporation backed up this sort of data and might be withholding it never, apparently, was raised.

Indeed, throughout the entire proceeding, I was struck by how complacent the San Mateo Superior Court was; although I had to admit that the filings of the Oracle Corporation's Legal Department, as well as their counsel - Brobeck, Phleger & Harrison, of San Francisco - were very impressive, with tables of contents and indexes that made even the most specious lines of reasoning seem very well thought out, indeed.

For instance, in hearings, the Oracle Corporation's legal team had the chutzpah to deny that I had ever been accused of sexual harassment, and challenged me to prove otherwise.

Of course, there was nothing in writing, as Michael Satterwhite had indicated to me, verbally. There was no testimony from Michael Satterwhite; he had left town for a vacation just before he had been subpoenad.

Equally Merciless

Oracle was equally merciless in its requirements of Brobeck's legal staff.

When a junior member of the legal staff at Brobeck, Phleger & Harrison failed to immediately achieve a dismissal of the case - a young man by the name of John Scalia (reputedly related to Justice Antonin Scalia, of the United States Supreme Court) - he was mercilessly dismissed.

And so Oracle prevailed ... and the case was dismissed, before a trial had even occurred.

Legal Maneuvers

So when you hear people say that Martha Stewart should have kept the case from going to trial, what they are referring to are these sorts of maneuvers, which can be used to facilitate keeping the unspeakable from seeing the light of day.


As noted, the [now former] Human Resources Manager for Oracle Corporation, Michael Satterwhite, was unavailable to refute these bald lies; when the subpoena had been served upon him, in early January, he had just left for a two-week vacation in, of all places, Paris - which, in January, is cold and wet - and wouldn't be back, of course, for two weeks.

It's not clear why my lawyer, or the court, did not order a two-week delay until he got back - but it's a fact that Oracle Corporation's former Human Resources Manager, Michael Satterwhite, has never been queried, under oath, regarding his actions, motives, and under whose direction he had been acting when he stonewalled the investigation, and oversaw my subsequent termination.

A Perfect Blank

In fact, of the nine individual defendants named in the lawsuit, each of whom had been directly involved, only one - Alan Tottle - was ever subpoenaed - not even a statement was issued by the other eight. It was all handled by lawyers and corporate executives.

But even Alan Tottle, the new VP of Networking, whom had allegedly ordered my termination - when under oath - didn't recall a single thing about the events that had transpired, only three years before.

In fact, it would be fair to say that Alan Tottle's mind was a perfect blank, where the topic of my termination was concerned. The number of I don't recall's was astounding.

Apparently, Alan Tottle did not keep an executive diary - which, I have since learned, is expected of corporate executives, in due diligence cases. And so serious questions regarding whether due diligence was, and is, being exercised at Oracle Corporation, can be asked, as well.

Missing Lisa

I understand that Lisa Cussary was also subpoenaed, but that Oracle replied that she no longer worked at the Oracle Corporation.

That may or may not be true ... however, when, some time later, I called the extension at Oracle which had, years before, been associated with Lisa Cussary - 506-2421 - the recording said that the extension belonged to someone who called themselves Lisa Brown [or Braun] ... and I am sure that I recognized the voice as that of the person whom I knew as Lisa Cussary.


Perhaps it is here in this narrative that we see the germination of the seed of what flowered into what, I infer, was distrust, on the part of the Board of Directors, that led - I infer - to Larry Ellison being offered a choice: resign, or have it put to a vote (at which point it would go on the record). Unsurprisingly, I infer, Larry Ellison chose to resign, as Chairman of the Board.

Unsurprisingly, I do not regard that as adequate compensation for my troubles.


Null And Void

Oracle Corporation's Legal Department claimed that under California law I could be terminated for any reason, or no reason at all. This apparently superceded California's, and even Federal, constitutional guarantees regarding due process.

The judiciary, whom are themselves, as partners in large law firms, employers, seem to find this line of reasoning alluring ... and so, it seems, this has become an effective mechanism for rendering much common sense legal reasoning null and void, in the workplace.

A retreat into petty feudalism has occurred, here in California, instead, turning each private employer into a tiny fiefdom, where the rule of law is suspended, instead of a part of the state of California, and the United States, where citizens receive equal protection under the law.

And now, back to our story.

~8~

If you got bored and quit reading, that's your loss - because here's where it gets interesting.


Behind The Scenes

While I was on leave, there were plans afoot to terminate me being put into action.

While I had been on this forced leave of absence, I had been covertly contacted by an employee of Oracle Corporation's Human Resources Department - an employee by the name of Lisa Gold; AKA LGOLD@US.ORACLE.COM.

The Covert Contact

She told me that she was a friend of Tom's, and asked me to get in contact with an employment agency in Foster City, because they had an opening that I might be suitable for. She gave me their name, and telephone number.

When I replied to her telephone call, via electronic mail, she called me again and asked me to not put this into writing, because she was concerned that she might lose her job for helping me.

My brother, Tom, somewhat reluctantly - yeah, I guess so - corroborated Lisa's claim of friendship; in retrospect, I think it could be said that we both trusted Lisa Gold.

The Employment Agents

I did contact this agency and I did speak to two representatives of the company, over a period of perhaps two or three months, but never met, and nothing came of it. They did not seem interested, although they did solicit my resume, and I did send it to them.

Of course, because calls to their office were toll calls, outside of San Francisco, these calls were corroborated by telephone bills.

When the lawsuit was filed, this contact - my first, but hardly my last, cold shoulder from recruiters, in the years to come - was cited as corroboration.

Imagine my surprise when this company's management swore for Oracle Corporation, under oath, in writing, that they had no record of me, and had never heard of me.

Reviewing Section 118 of the California Penal Code, I believe it is fair to ask: is this perjury?

118. (a) Every person who, having taken an oath that he or she will testify, declare, depose, or certify truly before any competent tribunal, officer, or person, in any of the cases in which the oath may by law of the State of California be administered, willfully and contrary to the oath, states as true any material matter which he or she knows to be false, and every person who testifies, declares, deposes, or certifies under penalty of perjury in any of the cases in which the testimony, declarations, depositions, or certification is permitted by law of the State of California under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury.

This subdivision is applicable whether the statement, or the testimony, declaration, deposition, or certification is made or subscribed within or without the State of California.

It's not clear if the judge ever saw the telephone bills. I gave them to my lawyer, but when I asked him, he said something about not being able to get them certified - leaving me wondering if forged telephone bills were frequently offered as evidence in unlawful termination lawsuits, and, if so, why the court was not more willing to scrutinize the evidence it received, from wealthy parties ... whom obviously had the resources to do such things.

Case dismissed.


However, I have learned a few important lessons from life. One of those lessons was persistence. I was once a bicycle messenger, and I can tell you that grit and persistence are the stock in trade you need if you are going to survive as a bike messenger, in San Francisco. I have both.

Asset Security And Protection

Imagine my surprise when I used a 900 number I had learned about - 900-933-3330 - to do a reverse lookup on the employment agency's phone number of record, and found that it mapped to a company called - if I recall correctly - Asset Security And Protection, or ASAP.

I told my lawyers what I had found; they seemed strangely uninterested. This is a tale in itself; we will summarize by saying that I now wonder if my lawyer(s) had been corrupted, or, perhaps, blackmailed. They seemed, now that I look back, older and wiser, to be playing to lose.

As the World-Wide Web came into being, and the reverse directory concept migrated from 900 number to website, I eventually tried doing a reverse lookup on the number, again, and this time I was intrigued to see that the phone number of the employment agency also mapped to a company that sold self-defense products - one that was going through a rather difficult bankruptcy, complete with offshore millionaires and angry stockholders and shadowy intelligence connections - as well as to several other companies with similar names - Affordable Security And Protection (ASAP) ... ASAP Employment Service ... and Quorum International ... as well as Asset Security And Protection (ASAP) ... ASAP Services ... and perhaps others I have not yet discovered.

When examining the names and addresses of the companies listed in the AnyWho lookup of 415-345-2727, (before the 415/650 area code split), you should be aware of a few critical details.

Quorum International

The company I refer to, which sold self-defense products, is called Quorum International - also known as Quorum Ventures; however, if you search for it on Google, remember to include the keyword bankruptcy.

An article from the Phoenix Business Journal, discussing the ethics of the bankruptcy can be seen at xxsecurity.com, among other sites ... and www.softwar.net has a small collection of PR photos of Raymond Hung and his wife, posing with [now California Governor] Arnold Schwarzeneggar ... posing with the Mayor of Phoenix, and other notables.

Perhaps the most interesting article is at www.freerepublic.com, where the possibility is raised that Hung's companies, which manufactured their wares in mainland China and sold the resulting electronic security access cards and other equipment to the United States Government, may have been distributing equipment that was subject to covert abuse by foreign intelligence agencies.

Foster City, itself, has many characteristics which are suggestive of not just a siege mentality, but of an actual security enclave - albeit, one with a Mediterranean appearance. Most of the clusters of housing are surrounded by lagoons, which double as moats - crossed by bridges, which are trivial to seal off - making securing the smaller areas, thus contained, trivial. Portions of Redwood Shores are not dissimilar.

Foster City's history - built as a byproduct of the construction of the San Mateo bridge and the San Francisco airport, an entire city created from nothing - make the city a real estate magnate's dream come true, and the source of much continuing income. An interesting place; and a city to be concerned about, perhaps, if for no other reason than to ask who built this city this way ... and why.

After all, those lagoons represent a lot of unsellable real estate. Obviously there must be some value that is not easily recognized. Aesthetics? Maybe.


Le Poseurs

At one point I thought maybe these people were private investigators.

But there are no records of ASAP, Linda Benton or Bonita Marsh in the files of the California government agency that regulates private investigators ... and no indication that they are registered with any PI-related professional affiliations.

Given the available evidence, I would describe Linda Benton and Bonnie Marsh's role in this story as, perhaps, unlicensed private investigators (which is, I think, a criminal violation), posing as - among other things - an employment agency.

Indeed, a little thought will show you that this is an excellent posture to adopt, if one is seeking a position where one can ask intimate questions with impunity. One is also in an excellent position to recruit individuals who might not pass rigorous background checks - as well as to manufacture background checks, as needed, and do many other things. It's almost as good as a moving company, as a front for criminal or intelligence operations.

Although at first I thought that this elaborate deception had been arranged for my personal benefit ... as time has passed, I have realized that what is much more likely is that this was only one manifestation of a well oiled script, which had been put into operation by Oracle Corporation, before - and that it is not only likely, but virtually certain, that other employees of Oracle Corporation have also been set up for termination, similarly.

It's very simple. Someone the problem employee trusts advises them to contact an (alleged) employment agency. Ideally the problem employee does so from within the premises of the employer. The problem employee is then faced with evidence of seeking employment elsewhere (probably via telephone switch records, perhaps through the resume that they FAXed or emailed from their employer's FAX or email server - and presto, you have grounds for termination that will stand up in court; but the employer need not expect that it will go that far, for, let's face it, the employee has been well and truely hypnotized into believing that they have been terminated for good cause - and they will never challenge it.

Of course, sometimes things go wrong; someone applies a magic bullet solution to a problem which it was not intended to solve, and it backfires, creating blowback.

However, when all is said and done it cannot be that difficult to determine what sort of business(es) these two women were operating - each business in the United States is required to file a Schedule C, each year, for each business that is being engaged in. There are separate categories for Employment Agencies and Security Firms, as well as hundreds of other categories.

It would seem a simple task to compare the Schedule C forms filed by these two women, during the years immediately preceding and following the events in question, to determine if they were, indeed, an employment agency - or something else - assuming, of course, that they were paying taxes.

The only other question that needs to be asked is: why was this not done, five years ago?


Oracle Corporation is not the only company to use private investigators to engineer terminations using fraudulent grounds. On March 25, 2002, National Public Radio published a story on PI firms in Japan who provide the exact same service for employers and spouses who want a face-saving [for them] solution to their business and personal problems. If you go to www.npr.org and search for the phrase breaker-upper, you will find ...

Doing Dirty Work
Date: 03-25-02


NPR's Eric Weiner reports from Tokyo on the practice of hiring someone else to do your dirty work -- from firing an employee to ending a marriage. For these so-called "breaker-uppers," business is booming.

This is very interesting - particularly in light of Larry Ellison's fascination with things Japanese.


A Pattern Of Abuse

Additional research, in San Mateo County, suggested that there were many other employees whom had received similarly abusive treatment at the hands of Oracle Corporation and its charismatic leader, Larry Ellison.


Personal Sabotage

At this point, I have to divulge that I, too, was targeted by a restraining order - I refer to San Francisco Superior Court case # FML-00005153.

Relational Sabotage

However, the restraining order against me was not requested by the Legal Department of the Oracle Corporation; it had been requested, within days of my stepfather's death, by the woman I had been sharing my life with, for ten years.

She was assisted by W.O.M.A.N., Inc. .

It's not clear who, or what, provoked this.

I had listed her as the beneficiary for my life insurance, and included her contact information in the employment paperwork I had filed with Oracle Corporation's Human Resources Department, when I had been hired.

It is not impossible that an employee of Oracle Corporation contacted her directly, and informed her of the allegations against me.

Familial Sabotage

On the other hand, I cannot rule out my older brother's involvement - either as an agent of Oracle Corporation ... advancing his own agenda ... or, perhaps, both.

I was in shock at the time - my stepfather had just been killed - and I was unable to defend myself (although the transcript in my possession shows that I did a fairly decent job).

My brother, Tom, pretended he was going to provide testimony for me during the hearing; and then, at the last moment, he refused to testify, and told me I was on my own - essentially, abandoning me.

The restraining order was granted, and I, too, was ordered to stay away from this woman for three years ... not to come within several hundred yards of her home, school, or work ... not to own or use firearms for three years ... and not to attempt to communicate with her, in any way, for three years.


No Basis In Law

Closer examination of the restraining order shows a similar pattern of fraud, perjury, forgery, and deceit in operation to that described above, in connection with Oracle Corporation's proceedings.

To be specific, no dates, times, locations, witnesses, or specific acts of domestic violence were alleged in the request.

There is, in fact, no legal basis for the restraining order, and its existence flies in the face of common law.

Court Fraud

Even closer examination, with a flashlight and a magnifying lense, revealed that the complaint had been rewritten several times, and that much of what was beneath the whiteout disagreed with what was on top of the whiteout, making it patently obvious that the document had been filed in bad faith.

A friendly - and scrupulously honest - environmental lawyer, at my request, examined these documents, pro bono, and provided me with a signed, sworn statement describing the restraining order, the applications of whiteout, and the contents of the statements beneath the whiteout.

(And it's really good to know that such people exist, too, in the legal profession; not everyone is corrupt.)

But at a request for a rehearing, several years later, my lawyer somehow forgot to give the environmental lawyer's sworn statement to the judge (a story in itself, as the judge had been imported from Alameda County, where he had been forced to resign); a fact I did not discover until I visited the court clerk's office, to verify that the statement was in the file, and was furious to find that it was not.

Here, again, we see hints that my lawyer was not representing my interests as enthusiastically as the $1000 he had demanded, to handle this hearing, might warrant; and the question can be asked, if he was deliberately sabotaging me.

He was certainly firm about not wanting me to contact this woman ever again; he pointed out that, as a result of the first restraining order, that if I were to attempt to contact her, even after the restraining order had expired, and she were so inclined as to file for another restraining order, that I would have no defense against it. While this is compelling reasoning, in retrospect, we can also suggest that, for whatever reasons, he did not want me to ever speak to this woman.


Attempted Suicide

As it so happens, this woman I had been involved with for ten years had been diagnosed with borderline psychosis. She had been hospitalized several times. She had attempted suicide, recently. She was not the most stable of persons. And I told Presiding Family Court Judge Lee Baxter this, during the hearing. It's in the transcript.

But imagine my surprise, when I reviewed the transcript, and found that, while my statement to Judge Lee Baxter regarding her diagnosis was on the record ... that the judge's question to the plaintiff regarding my allegations that she had been mentally ill, recently - was this true? - and the plaintiff's answer - yes - were not.

If it had been struck from the record, it had not been struck from the record during the hearing; it had been done, surreptitously, afterwards.

Transcript Forgery

Fortunately, whomever had done it, had left my assertion hanging there, and so, for those reading the transcript, there are only two possible interpretations: either Judge Lee Baxter was so grotesquely incompetent that she ignored my testimony, and hurried towards a conclusion ... or the transcript was modified ... presumably to conceal evidence that might have provided grounds for a reversal (as well as a disciplinary hearing for Judge Lee Baxter - who, at last report, was handling criminal cases for the San Francisco Superior Court).

So, while there is no evidence or testimony that I actually ever did anything to deserve a restraining order ... there is abundant evidence suggesting that Superior Court Judge Lee Baxter carried out a miscarriage of justice ... and there is abundant evidence suggesting the involvement of multiple third parties before, during and after the fact.

Who's The Criminal?

So who's the criminal, here?


Codependency

Whatever became of the woman I loved? I do not know, to this day. She has not communicated with me. Neither has her family; they have rejected the attempts I have made, via certified mail, to communicate.

It's a fact that, emotionally and cognitively crippled ... given Lithium, Prozac, and a variety of other drugs to help her control her anxiety ... she was vulnerable to manipulation.

It seems increasingly likely that this is what happened.

She had already fallen under the sway of one group that wanted her to chant away her problems with Nam Myoho Renge Kyo, and had sold her a small shrine, for around $100 ... and another group, whose leadership told her that she was codependent, and that she should stop taking her medications.

(Note that the concept of codependency is predicated upon dependency, which is a medical, not psychological, condition; that none of the self-promoted codependency counselors had any medical, psychological or psychiatric qualifications, other than, perhaps, that of patient ... and, of course, that codependency has no existence in the medical literature. It would seem that medical malpractice has no place in family court ... any more than a personal disagreement between two persons belongs in Family Court, for that matter. And yet, so went the evolution of public policy, here in the zany state of California.)

It is ironic that, when all has been said and done, it's not clear who W.O.M.A.N., Inc. was helping. That is, the woman whom they were [secretly] helping, did not benefit from their efforts to turn a straightforward medical situation into a legal situation. The other women involved in this case - my mother, and my grandmother, for instance, or her mother, her sister, her cousins and her niece - did not benefit.

So who did?

WOMAN, Inc

The only people who seemed to benefit, quite honestly, were the women who ran W.O.M.A.N., Inc., the dozens of codependency clinics [whose clientele choked family courts, demanding restraining orders against their so-called codependent boyfriends], and their friends in the bureaucracy ... whose budgets and headcounts grew as a consequence of every incident that could be attributed to quote-unquote "domestic violence".

For ten years, it has seemed not just possible, but fairly likely that, (in her mind) abandoned by me, and alone ... she had finally succeeded in killing herself; a conclusion that I remain unclear about, even today.


... So now, you, too, know how to become one of the richest men in the world.


~8~
Character Assassins

By this time I knew that this story was so strange that it would be a while until I could tell it; there was a lot that I did not, and still do not, understand, but the climate of opinion has changed enough that it's now possible (if not entirely safe) to articulate what happened ... because this accusation has been levelled, at one time or another, against about half of the United States population by now, and has lost much of its effectiveness.

Anti-Semitism

By 'this accusation', I refer to the accusation that one is anti-Semitic ... a slur, a canard, a slander ... one that rests solidly upon a failure to understand that, properly speaking, all peoples of that area can legitimately claim to be descended from Shemitic tribes ... not just members of the twelve tribes of Israel and their numerous descendants (of which I am one, by the way - through my Hungarian great-grandfather ... whose last name was Simon).

When this accusation is used, it is not made as a sincere attempt, as the result of careful and objective thought, to correctly label a specific behavior so that it can be discussed, rationally ... it was - and is - a reflexive behavior on the part of the accuser, to interrupt rational thought. It's very important to understand this. These are not rational individuals. They are not interested in rational discussion or debate. They are determined to interrupt any attempt at rational discourse; and will stop at nothing.

To the degree that the origin of the accusation is emotional, rather than cognitive, it is more accurate to describe such accusatory language, when used without corroboration, as neurotic ... even psychotic.

Indeed, throughout this narrative, we see, in the sequence of events, lapses in attention to detail for which there are no good explanations. In an attempt to understand and explain this phenomenon to you, the reader, I offer the following quote:

Psychopathic behavior is usually very distinctive - it is characterized by impulsiveness, stupidity, and errors due to an attention span limited by emotional disorder.

The Investigation, by Stanislaw Lem [translated by Adele Milch]

It can be suggested that, here, we see the genesis of a fascination with database technology, on the part of certain individuals, in recognition of the fact that, with the assistance of such technology, one could weave, and maintain, much larger webs of fabrication, misinformation and disinformation than one might be able to do, alone ... and that such technology could not only be used to protect oneself from the consequences of continuous lying, but also to analyze the representations of others for inconsistencies, IE, fraud detection. But, I digress.

Cognito Interruptus

This accusation is an attempt to interrupt one's cognitive and intellectual processes, to sabotage them, as it were, with emotionally loaded language that is intended to elicit an emotionally laden response - more precisely, a reaction - overriding the operations of one's cerebrum and cerebellum with primitive reactive thinking which has its roots in the medulla oblongata.

This accusation is, in essence, an attempt to provoke everyone into a reflexive attempt to provoke everyone into a reflexive attempt to provoke everyone, et caetera, ad infinitum; to drag everyone else the accuser(s) can reach, back to the accuser's level of thinking (if you want to call it that) ... which is atavistic, if not actually retrograde to the tendencies of civilized populations.

Hard Questions

I think everyone recognizes such accusations, nowadays, as a shallow attempt to derail a serious topic. Ask whether one particular holocaust deserves any more attention than any of the others, or what the evidence is that 6 million, rather than 5 million, died in concentration camps, or whether some of those 5-6 million might not have been other than Jewish (for instance, I know that Unitarians were imprisoned in Nazi wartime concentration camps, too) ... or where, now that we have DNA testing, all those lampshades and bars of soap are ... what the genetic similarity might be between Palestinians and Israelis ... or if Israel has nuclear, biological, or chemical warfare capabilities, and what the implications of that might be, internationally ... or what that little (K) on every package of food distributed in North America means, and what it implies - and you can still expect to be branded an anti-Semite; perhaps even gain the dubious honor of entry in a few privately maintained databases, here and there.

Ho-hum. If this keeps up it'll be popular to be labelled anti-Semitic; then it'll be a fad; and then, a political movement. ... And whose fault will it be?

But, back to our story.


New Evidence

I mentioned new evidence. I've described some of it. But not all of it.


As mentioned elsewhere, my mother - Eleanora (AKA Penny) Salanave-Runyon - was (and may still be) heavily invested in Oracle Corporation's stock.

The Purloined Letters

A few years ago, when I was over at my mother's house, I noticed a printout on her desk. I looked at it and was surprised to realize that it was a copy of my electronic mail between myself and my brother - Thomas Childers - while at Oracle Corporation; apparently printed out by Thomas, and given to my mother ... presumably for safekeeping.

As it so happened, my case against Oracle Corporation had been dismissed recently, and I was interested in additional grounds for an appeal. I asked my mother for this printout; and she refused. In fact, she claimed that she had destroyed it.

Some years later I was helping my mother clean her room, and I was not entirely surprised to see the same fold of printout, that my mother had previously claimed she had destroyed.

(And it was a sad day when I knew that my mother had lied to me - because she had lied to protect herself, and my brother, Thomas, from the consequences of their shared dishonesty - and that told me, pretty clearly, where I, and my younger brother, fit into the family hierarchy.)

My mother threw the ream of paper out ... and once it reached the sidewalk, I took possession of it. I still have it; I had two of perhaps 160 or so pages fingerprinted by a forensic analyst - Ken Moses, formerly of the San Francisco Police Department - at a cost of a few hundred dollars. The results were inconclusive; but it's not impossible that a different analyst might find different, or additional, results.

(Oracle Corporation note: The documents are in a safe deposit box. Forced entry is contraindicated. Kidnapping is a possibility; so is murder, but it would look suspicious if someone associated with this case died, twice in a row. And I think the FBI is already scrutinizing you, as a result of some of your other recent indiscretions, negotiating contracts with the California state government - those antics cost some California government employees their jobs. Remember the JDL; money and influence can only go so far.)


A Fraudulent Eviction

Exactly why my mother would behave this way is a thorny question for me to ask. Some of her recent behaviors - such as engineering a fraudulent eviction (mine, after she learned that I had the documents described above) - have allowed me to see my mother more free of preconceptions, than was previously the case.

However, without delving into the dynamics of my family too much, I think it would be safe to say that my older brother, as the first child, was my mother's favorite; until I was born, he was raised as a single child, and the transition from single child to eldest child - in the minds of both parents and child - is not always a smooth one - in our family's case, complicated by my parents' divorce while I and my younger brother were still toddlers.

As the only one old enough to help her during this time of crisis, Thomas was vested with a certain amount of authority and influence that, in retrospect, he did not earn, and did not use wisely ... a situation that persisted into adulthood, it would seem.

This analysis is based not only upon my treatment at the hands of my mother, but upon my younger brother's treatment, as well - it is my opinion that my mother treated my younger brother far worse, abandoning him to homelessness, when, a few months after my stepfather was killed, he was evicted. I personally recall my younger brother sleeping, cooking, eating, and washing on the front stairs of our house, even in the rain, for several months; he refused to come home with me ... and my older brother, Tom, wisely remained uninvolved ... his skirts spotless, his hands clean.

It would be fair to say that our family already had some issues, before this all began - but that hardly absolves Oracle of responsibility for the rift in my family, created by Oracle's corporate misrepresentations - at the time, and continuing, today - regarding the events, described herein.

As someone growing up in San Francisco, I have seen many people come to San Francisco, in no small part, to get away from their own dysfunctional families - it has been said that the Bay Area is filled with people who have issues, and this, perhaps, provides us with our unique tolerance for the bizarre. Perhaps this situation is more common than the media might lead one to believe. However, I do believe my mother's behavior towards my younger brother is unique, in my four-plus decades of human experience. It would be accurate to say that my mother cared more about sheltering her car, than she did about sheltering her youngest son.

This is irrelevant to this story - but it is worth reflecting upon, as a metric for how deeply my family has been affected by these events.


Blindly Supportive

Both my older brother and my mother own[ed] Oracle Corporation stock. It's not impossible that they have sold it, it has gone from $60 a share down to around $10 a share and isn't quite as attractive as it was ten years ago ... but ten years ago, my mother and brother were very supportive of Oracle Corporation's corporate management. Blindly supportive, if I may say.

So was I, until I had been terminated, and had immediately sold my shares - out of anger at the people I had associated with, and fear for my immediate future.


Matters were further complicated, I surmise, by my brother's willingness to play along with Oracle Corporation - deluded, by false accusations, hearsay, and his own indifference, into abandoning me to the crowd; perhaps to preserve himself from the same sort of defenestration, as well ... although, not long after, he, too, left Oracle Corporation.

(I looked up the etymology for defenestrated, once. Fenestra is Italian for window, if I recall correctly. Apparently, not long after windows were invented, someone found that throwing someone through a window was very dramatic. Particularly dramatic was throwing someone through a window several floors up, so that they plunged down to the ground as well as being slashed open by flying shards of broken glass. It got so popular that it acquired its own word - defenestra, referring to the act of a group of people grabbing a helpless individual, carrying them towards the window and hurling the person through it, presumably to their death. Needless to say, I can relate to those early victims of lynch mobs.)


Thomas Subpoena'd?

I was told, by my attorney of record, that, in a subsequent, unrelated lawsuit against Oracle Corporation, my brother was subpoenaed. This would presumably include all communications ... including his log of electronic mail exchanges with me.

It seems possible that my brother may have concluded, or been led to conclude, that by transferring materials to my mother's possession, and then responding to the subpoena, that he would in good faith be responding to the specifics of the subpoena to the best of his ability.

Or maybe he wanted to prove some point to my mother ... but if so, it hardly seems kosher for him to use, as evidence, materials which I had not had a chance to review or challenge the authenticity of (for instance) ... materials which he himself was denying me use of, as evidence in my own proceedings. A double standard, to be sure, if not an outright act of conspiracy.

On a tangential note, Oracle Corporation's efforts to recover critical materials named in subpoenas from backups seems to have been, essentially, non-existent; hence, it is likely that there is a lot more new evidence, in the company's data archives. And no, it wouldn't surprise me to find Oracle Corporation suddenly deciding to get rid of a bunch of old backup tapes, tomorrow ... but who knows what's out there, in the files of former employees, especially ones recently laid off? Or, even better, what sorts of inconsistencies in record retention might be found, if one were to start comparing details in Oracle Corporation's response to various subpoenas, over the past ten or twenty years, using the same sort of fraud detection algorithms?


That summarizes the case for new evidence, reversal of the case's dismissal, and, perhaps, if necessary, a new trial ... this time, with equal representation on both sides.

~8~

Legitimate Concerns

Here and there in this article I have made occasional dark references to intelligence and national security.

Oracle Is Everywhere

The fact is that Oracle Corporation's products are used in almost every corporate website in the United States, as well as the majority of U. S. corporations and U. S. government agencies.

The fact is that when the unsuspecting support person has problems and contacts Oracle Corporation's technical support, they are asked to export the schema - and sometimes, the data - and to upload it to Oracle Corporation. This has probably been going on, twenty-four hours a day, 365 days a year, since 1985 or so.

Based upon information and belief, a lot of this data is confidential.

Securing The Data

Indeed, the whole concept of encrypted, or 'translucent', databases, evolved in response to this belated realization, that the data is not secure from the data's administrators (and as long as the encryption keys are kept in a database, the security is still suspect).

Indeed, I recall of one such administrator - my former manager at Oracle Corporation, at the time of my termination, Burt Demchick - boasting how he could, simply by adding a record to a table, at a particular customer's database, get a check issued, to anyone, for any amount.

Not On The Same Page

It's not clear to me that everyone at Oracle Corporation is on the same page, quite frankly, where conformance to California, United States, and other laws are concerned - it's almost as if some of these individuals operate under another law altogether ... or no law at all, perhaps.

Consider the implications of the following statement - in a legal context, for instance, say, while someone is testifying, under oath:

"One important law that can be derived from the above is that if one does find himself or herself in a situation where they must lie, the correct way to do this is to use words that may have another meaning, vague statements, or through the use of half-truths (Chofetz Chaim, Hilchos Issurei Rechilus 1:8; Sefer Chassidim 642).

This is somewhat similar to the "mental reservation" loophole discussed by Bok (1999, pp. 35-36). A mental reservation works as follows: "If you say something misleading to another and merely add a qualification to it in your mind so as to make it true, you cannot be responsible for the misinterpretation made by the listener."


Should Moral Individuals Ever Lie? Insights from Jewish Law
(published at http://www.jlaw.com/Articles/hf_LyingPermissible.html)

(One of the authors of this document is a professor of economics, by the way.)

Disneyland Pirates

In 1992, I recall, a group of VPs staged some sort of event for Larry Ellison, in the parking lot in front of 500 Oracle Parkway - involving a sailing ship, flying a black flag with a skull and crossbones motif.

It's not clear whether this was an allusion to piracy ... or a proclamation to the world, that Oracle Corporation had a letter of marque from some government, somewhere ... but the message was pretty clear - they were pirates, and he was their pirate chief. And they didn't care who knew it.

Dubious Allegiances

It's not clear to me where the allegiances of the majority of Oracle Corporation's employees lay ... then, or now.

Historically, given the statistical makeup of the company, it's almost certain that there is a significant amount of nepotism; this renders organizational structures designed to limit the spread of confidential information ineffective.

A significant minority of these employees are not American citizens. Given the size of the company and the prominence of the products and their relevance to the intelligence community, it's not clear to me how many of these people are in the employ of foreign intelligence agencies, but in a population of 42000 (at last report) employees, there must be at least a few hundred moles in management, alone.


One of the products, I surmise, that Oracle may have offered its special customers, was an application which could be used to track who knew whom.

When I came to Oracle, in 1992, there was already in use, within the company, a command-line utility emp that could be used to traverse a table of employee-manager relationships maintained by the HR Department's database and report on any employee-manager relationship in the company. One could use it recursively, to look up who reported to whom, all the way up the ladder. The emp database was used as an example in Oracle's training courses.

INSLAW and PROMIS

This was probably a few years after the PROMIS scandal, a poorly hushed up story about some unlicensed software designed to do something similar for intelligence analysts, that had been deployed by the government without the requisite licensing, and had, it was alleged, led to an investigative reporter's death. INSLAW, the company which had developed the software, was represented by former US Attorney General Eliot Richardson, and the case led to hearings before the House Judiciary Committee.

It's unlikely that all this furor was missed by Oracle, or its customers, and it's not unlikely that someone expressed an interest in something similar, to Oracle. At the heart of PROMIS was a database, after all. The rest was just tables, queries and maybe a user interface of some sort.

Who Knows Whom?

The interesting thing about this sort of database is that, not knowing who is a secret agent of another country, and who is not, you end up tracking all of the people your suspect communicates with, and all of the people they communicate with, et caetera, ad infinitum, until you have either run out of disk space on your computer, or have a record for every one of the planet's inhabitants.

(The April, 2004 edition of Doctor Dobb's Journal discusses this sort of database in the article titled Simulating Small-World Networks, where a database is used to track relationships between movie stars. This is also known as the six degrees of separation phenomenon.)

It's my guess that the latter is the case - there are databases that strive to maintain a record on every single living human being in existence - because there are only, what, eight billion or so records worth of data. Call it maybe 8 to 16 terabytes of data, at least, tracking who's related to whom and who talks to whom - invaluable when fighting terrorism or dissent, a must-have for every would-be international power.

It's pretty likely Israel has such a database, incidentally - they have a vested interest in being able to distinguish between their friends, and everyone else, and the Jewish people have probably always struggled to keep track of who was a member of their community, as well - another excellent use for databases is tracking genetic relationships. But they are hardly alone in this, today, or historically.


Influence Peddling?

A little thought leads to the conclusion that knowing who talks to whom must be of some value to someone. It's my guess that influence peddling follows shortly thereafter ... leading to whomever possesses such a collection of data, to having an remarkably powerful influence in events.

It's not clear to me where all the data that's being accumulated is ending up; particularly in light of my comments, above, regarding backups, database replication issues, and the delivery of exported data and schemas to Oracle's Technical Support staff.

There's no doubt that such a company, with such a product, is in a powerful position, accumulating much information, and in a position to use it in many different ways - as bargaining chips with United States government agencies, but also with other governments' agencies, as well.


Disturbing Insights

Recently things have taken an even more bizarre twist as Oracle Corporation has made a very public attempt to engage in an hostile takeover of one of their competitors - PeopleSoft - and the management - led by a former protege of Larry Ellison - has not only aggressively resisted the takeover attempt, but has publically referred to Larry Ellison as sociopathic - a definition that I would agree with.

Several dozen states' attorneys general have taken an interest in this case, expressing concerns about the motives of Larry Ellison.

I would not go so far as to say that the entire population of PeopleSoft is arrayed in opposition to the takeover by Oracle Corporation - given the population dynamics of the Bay Area software industry in general and Oracle Corporation's business ethics in particular, it's probable that several of PeopleSoft's employees are reporting to Oracle Corporation, too - but it seems likely that the virulent opposition by PeopleSoft's Board of Directors is in no small part fuelled by private and intimate, in many cases first- or second-hand, acquaintance with Oracle Corporation's management's lack of business and personal ethics, and the company's contempts for the rule of law.


Oracle & Software Tool & Die

I'm tempted to draw parallels between the management at Oracle Corporation, and the management at, say, WorldCom, or Enron, or half a dozen major accounting firms - there are some obvious similarities, and they may not be simple coincidences.

Software Tool & Die & UUNET

It has been reported that Barry Shein's company, Software Tool & Die - which misrepresents itself as the oldest Internet Service Provider on the planet Earth (although The Well, operated by Whole Earth Access, provided dialup access in 1984, five years before STD went into business) - shared offices with UUNET in their early days, and that the relationship between UUNET and STD was and is very close.

UUNET & FBI

This is more interesting when one learns, separately, that one of UUNET's earliest contracts (some say the sole reason for UUNET's existence) was providing the United States Federal Bureau of Investigation (FBI) with a USENET feed ... incidentally, resulting in UUNET's positioning themselves in the market so that virtually all of the USENET traffic flowed through their machines.


I am not entirely unacquainted with the history of UUNET, as I have been paying attention to the company since around 1987 ... when I was the sole systems administrator of 200+ Sun workstations, a dozen Sun servers, and a VAX 11/750, at Network Equipment Technologies (NET).

It was a convention to give organizational UUCP gateway servers names which reflected their role, as well as their organization [much as www does today, when followed by a domain name] ... and this was done by prefixing the hostname with a u. Hence, the UUCP gateway for NET was named unet, and it was registered in the UUCP registry as unet.uucp. This name was of interest to UUNET, because they wanted to call themselves UNET - but NET did not want to relinquish the name. The rest, as they say, was history; and the collapse of USENET into a centrally manageable entity, began.


The World's Largest Wiretap

When I take into account Barry Shein's historic obsession with controlling the content of USENET, in connection with his proximity to the operation of the world's largest legitimate wire tap, I, personally, cannot help but be concerned.

In particular, given that the data was originally being delivered to the FBI on reel-to-reel tapes, the question can be asked: was the FBI getting an accurate daily snapshot of USENET traffic ... or only what certain employees of UUNET wanted the FBI to see?

That is, what sorts of auditing mechanisms were in place at that time to insure that the USENET postings being archived by the FBI, for future use, contained credible data? To the best of my knowledge, none.

It's not impossible that many aspects of this situation persist, to this day. UUNET remains well positioned to intercept a significant portion of the Internet's traffic - there are reports that 60 to 70% of the world's Internet traffic goes over UUNet's networks.

Carnivore (DCS1000)

My personal intuition is that Software Tool & Die probably provided the FBI with the idea for Carnivore, as well as developing and testing the product - turning software that had already been in use, inhouse, for years, into a product, made available to law enforcement agencies - and giving the company that developed such a product, a certain invulnerability, as a result of the continuing need for technical support from a customer base solidly inside the law enforcement community's upper echelons.

Interestingly enough, one of the articles I have read, over the years, on this and related topics, suggested that Barry Shein had been involved in a lawsuit over control of the domain world.com. Someone else owned it and it suddenly came to Barry's attention, it seems, that it was an asset of some value. Somehow the fact that he had a computer known as world got shoe-horned into a lawsuit claiming the domain world.com, and, voila, Barry won in court, and the domain was his.

Was it a coincidence that WorldCom, shortly thereafter, expressed an interest in buying the domain world.com from - you guessed it - Barry Shein? I, personally, do not know. But I cannot help but observe that the entire sequence of events, as described, seemed suggestive of some sort of prior inside knowledge.

Concerns About Integrity

It's not clear what percentage of the world's telephone traffic passes through WorldCom's switches ... but every concern that applies to UUNET, as a corporate entity, applies to WorldCom, as well. That is, UUNET is a wholly owned subsidiary of WorldCom.

Students of economics may know that WorldCom executives have been indicted on fraud, perjury and conspiracy charges - including the top executive, Bernie Ebbers.

Students of intelligence may with good reason wonder if the contents of the FBI's archives are filled with forged messages from perfectly credible people whom made the mistake of offending someone, somewhere with a casual comment about Israel (or any other controversial topic), and whom now find themselves, inexplicably, unable to board airplanes (for instance).

Tangentially, the fraud that occurred at WorldCom is about what one would expect if a bunch of spooks got funding to start up a business, that just happened to grow explosively - they'd do what they'd been trained to do, which is to lie, shuffle funds around amongst multiple accounts, and forge documents to cover up their abuses of corporate assets. Sound familiar?


The Father Of Spam

While we are discussing electronic mail, and forgery ... it is intensely amusing to me, personally, to read that Barry Shein has positioned himself as the spokesperson for those opposed to spam.

That's right - one of the fathers of spam has somehow forgotten his roots - which were inciting others to electronically mail bomb those whose freedom of speech they wished to interfere with - and is now collecting fees for telling everyone how terrible spammers are.

Now that I am older and wiser in the ways of manipulating perceptions, I wonder if it would be inappropriate of me to loudly wonder why Barry Shein is trying to distance himself from spammers, and if this really means that Barry is also running a spam ring?

After all, all you need is a cooperative ISP ... a database ... a mail server ... and a gaping hole in one's head, where one's ethics fell out.

It seems to me that Barry is fully equipped - and if I apply Occam's Razor, again, I cannot help but conclude that it is easier to conclude that Barry is manufacturing credibility against future need, than it is to conclude that Barry has any insights on the problem that he cares to share with the public - the latter explanation simply is not credible, in my eyes.


Meanwhile, Back On The Ranch ...

It's not clear to me where this sworn-under-penalty-of-perjury employment agency, its owner - Linda Benton - and its sole employee, Bonita Marsh - fit in; what is clear is that when this employment agency lied, under oath, that this - among other things - exposed them - and Oracle Corporation, under whose direction they were acting - to charges of fraud, perjury and conspiracy.

It seems possible that the self-proclaimed employment agency was an intelligence asset of someone's government - perhaps retired, or resigned - either actively or passively employed, while also providing a wide variety of special services to special customers.

I believe that it was one of these special operations that exposed them.


If you've read this, and understood it, and are interested in learning more, please feel free to contact me directly.

Or you can examine the lawsuit itself. The records are in Redwood City, California, at the San Mateo Superior Court Clerk's office; see Superior Court case # 393104. Copies exist elsewhere, naturally.

You can also refer this case - even this posting - to the attention of your preferred official(s). Here are some useful links.

You can also write Senator Barbara Boxer directly, as I did, recently:

Date: 20 March 2004
Topic: Corporate Accountability
Subject: Criminal Conspiracy & www.orafraud.org

Recently allegations have surfaced (anew) that Oracle engaged in fraud and by doing so also engaged in criminal conspiracy.

Rather than repeat my tedious assertions I would rather note that they are easily reviewed at www.orafraud.org, where a number of corroborating documents are also available.

Particularly noteworthy is the fact that ORAFRAUD.ORG was registered, and www.orafraud.org went online, on the 10th of January, 2004 ... and Larry Ellison resigned as Chairman of the Board, Oracle Corporation, earliest reports being the 13th of January, 2004.

It would be absurd to reject the possibility that there is a connection without further analysis of the allegations at www.orafraud.org, of course.

However, after you do so, would it be possible to get some sort of written reply regarding what, if anything, your office or the federal government might care to do regarding correcting what appears to be criminal fraud?

I understand that the narrative may be long and tedious, but surely, amongst the large collection of office staff whom are also legal analysts, paralegals, lawyers and accountants, there must be several people whose reading speed, attention to detail, and neutrality towards the topical material (IE, no investment in either Oracle or its associated culture[s], financial or emotional) allow them to provide your office with a reasoned review of the materials and subsequent recommendation, which can be put into writing and delivered to me ...


I understand many others states' Attorneys General have expressed an interest in the Oracle Corporation's relationship with their state; if you are reading this from outside California, you may wish to bring this to the attention of your elected officials.

If you are acquainted with any journalists or newstip lines, feel free to refer them to this article; it can be read at www.orafraud.org.

~8~
© Copyright 2004 Richard A Childers - all rights reserved
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