Spotlight: Bradley Birkenfeld

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 "Defendant Birkenfeld['s]... substantial assistance has been timely, significant, useful, truthful, complete and reliable." (Department of Justice, August 18, 2009). The DOJ also admitted that "but for Mr. Birkenfeld [the UBS] scheme would not have been discovered by the U.S. government." Bradley Birkenfeld commenced serving a three-year and four-month sentence in federal prison on January 8, 2010, a direct result of blowing the whistle on one of the largest tax fraud schemes in U.S. history.

Bradley Birkenfeld filed his official clemency petition on Tax Day, April 15th. Your support is urgently needed! Take action by clicking here.

Julia Davis

juliadavisJulia Davis, while serving as a Customs and Border Protection Officer, fulfilled her duty of protecting American citizens from terrorism when she filed a report to the Federal Bureau of Investigation's Joint Terrorism Task Force (FBI/JTTF) exposing serious shortcomings in the processing of aliens from terrorist countries. These aliens entered the U.S. on the 4th of July, 2004 - a date that was designated as a Special Date To Watch in intelligence alerts that warned that members of Al Qaeda were planning to enter the U.S. on national holidays (with special emphasis on Independence Day). 

The Department of Homeland Security perpetrated retaliation against Julia for her whistleblower disclosure, embarrassing the corrupt elements within the system. In retaliation, the agency dispatched a Blackhawk Attack Helicopter and a Special Response Team to storm the Davis' residence. Twenty-seven DHS Agents and US Marshal Andrew Haggerty arrived armed with assault weapons to conduct an extended warrantless search of her property. Julia Davis was baselessly declared a "domestic terrorist" and listed as "armed and dangerous" in law enforcement databases. In the course of the raid, Julia's parents were attacked, brutalized and unlawfully detained.

Immigration and Customs Enforcement (ICE) Agents, Herbert Kaufer and Jeffrey Deal coordinated a series of unlawful actions that included unnecessary ill-treatment of Julia's father, Mykola Kot. The ICE Agents threw Mykola Kot face down on the cement with such force that it broke his finger. He was then handcuffed, dragged down the steps away from the house, and kept in the full sun for an hour while he was wearing only boxer shorts. Mykola Kot repeatedly asked agents to take him into the house, away from the scorching 114-degree desert sun, because he believed he was suffering from a heart attack and needed medical assistance. DHS Agents laughed in response to his pleas for water and medical attention. They left Julia's parents in the ransacked house with a broken door and no means of transportation to the hospital. These and other related actions by DHS personnel contributed to Julia's father untimely death. While the agency settled the wrongful death lawsuit, nothing can correct Mykola Kot's death. He was an innocent victim in the DHS' plot to destroy his daughter, Julia Davis.

ICE Agents Kaufer and Deal opened 54 investigations against Julia, conducted warrantless searches of the Davis' residence and office, subjected Julia Davis and her husband, renown filmmaker BJ Davis, to two false imprisonments, two malicious prosecutions, years of warrantless surveillance, wiretaps and other egregious privacy violations. BJ and Julia Davis have been maliciously prosecuted and twice imprisoned for felony crimes they did not commit. In the end, federal prosecutor Assistant United States Attorney John Lee admitted that the Davis Family should have never been prosecuted in the first place. Judge Bryan Foster issued a finding of factual innocence, ordering the arrest records to be sealed and destroyed. Additionally, Judge Foster ordered the government to return the proceeds of both warrantless searches. In another court order, Judge Daniel Leach ruled that Julia's resignation was involuntary and was caused by the Department of Homeland Security's illegal conduct, unnecessary harassment and impermissible discrimination against her.

Julia Davis' husband, filmmaker BJ Davis stated with the regards to the settlement, "Due to the criminal actions of Agents Kaufer and Deal, lives were lost, careers destroyed and other irreparable damages were inflicted. The TV Series and the upcoming feature film will tell all, to ensure that such egregious acts don't happen to anyone else. We will continue to lobby in DC with Congress to have these individuals, terminated from federal service and prosecuted. We are also seeking permanent amendment of the Whistleblower Protection Act, which is toothless at the present and completely incapable of protecting whistleblowers."

A book, documentary and feature film are in the works in addition to the ongoing episodic television series, "Whistleblowers - the Untold Stories". During two recent broadcast interviews, Julia Davis was asked whether she would report the national security breaches again - knowing what she knows now. Without hesitation, Davis responded, "I swore an oath to protect the United States in the performance of my duties as a federal law enforcement officer and as a citizen of this great country. Instead I had to protect myself from the government corruption. My answer is "yes". I would still make that report, as it was the only right thing to do. I strive to protect and serve my country with the same zeal and determination. I will continue to do so by educating, entertaining and enlightening people with these true stories that should be of concern for every American citizen".

Tags: Whistleblowers