Topic: USA vs Spellissy Posted: 04 Sep 2007 at 8:16am
Why isn't the St Pete Times investigating what was said in this letter?
Erik Eriksen
199 Laurelton Street
Springfield, MA01109
27 August, 2007
The Honorable James Whittemore
Sam M. Gibbons U.S. Courthouse
801 North Florida Avenue
Tampa, Florida33602
RE: COL (Ret) Tom Spellissy
Your Honor,
I am a West Point classmate of COL (Ret) Tom Spellissy. Over the last year, I have been following the bribery scandal involving Tom and his company: Strategic Defense International, Inc. I have read the Appeal Brief that he is mounting to defend himself (Case No. 06-14287-BB). I have, also, read information gleaned from the 'West Point' network as well as many articles from the archives of the St. Petersburg Times and the Tampa Tribune.
While I understand that even people you think you know can make terrible errors, there is a line that we can trust our friends and acquaintances not to cross. I believe, sincerely, that Tom Spellissy is a victim of bureaucracy and collusion and not a participant in a crime.
What is most disturbing to me is that, while there is a lot of reporting of specific events, nobody seems to be looking at the big picture and investigating the whole situation. As an uninvolved third party, it seems clear to me that MG (Ret) Hennies and General Brown engaged in collusion to financially damage or destroy COL Spellissy (an up and coming business competitor) for the express purpose of strengthening Hennies business. It is, also, clear that Special Agent Robert Calvert of the Department of Defense violated his integrity and abused his authority by "presenting an affidavit with misstatements of fact, statements made in reckless disregard for the truth and omissions of favorable, material facts"(U.S. District Judge James Whittemore). There is no doubt in my mind that he did this to support GEN Brown and the ranking hierarchy of the military bureaucracy.
While the "good ol' boy" network is sometimes useful in getting things done expeditiously, it is usually done at the expense of 'proper procedure'. Nevertheless, it is not uncommon in the military, or in government or politics in general. However, in this case, Brown and Hennies crossed the line into blatant cronyism and abuse of authority. Manipulating the legal system and our national agencies to damage a competitor's business venture for financial gain is way outside of the realm of networking. It is wrong and it is illegal.
Does this kind of behavior exist in the upper levels of the government? Probably. Is cronyism and abuse of authority commonplace in politics? No doubt about it. So...why does this situation bother me so much? Because it is taking place in our military! By high level leaders!
I don't know if you have any friends or relatives that have served their country and been in harms way. Perhaps you know of someone who has lost a loved one. Our servicemen and servicewomen are involved in securing our nation's safety, fighting for freedom for others all around the world, and engaging in humanitarian efforts on almost every continent. We deserve to have our loved ones under the charge of only the very best. They deserve to be led and protected by the very best.
No officer is perfect. No officer can insure the safety of every person serving, either in a combat or in a support role. No officer can control every situation. But every officer can, and must, control his own attributes. All officers must strive, at all times, to be perfect in their adherence to such attributes as: loyalty, honor, professionalism, duty, teamwork, and judgment. The list could go on and on. However, above all else, they can, and must, be perfect in one attribute: integrity.
Integrity is not a popular, or even well understood, concept. It is an ideal. Many times the 'real world' infringes on our ideals. Many officers, me included, have had to make choices during our careers: integrity or advancement. Some of us saw our goals as being the most important factor in our choice. Others of us saw the maintenance of our virtue as being the most important. What is the right choice for some may be the wrong choice for others. In Tom Clancy’s non-fiction book, “Battle Ready”, General (Ret) Tony Zinni states:“Careerism is corrosive to the principle of truth telling.So is political expediency.In both cases, the hope of personal gain outweighs personal integrity and honor.‘Don’t rock the boat’ leads to moral blindness about threats to the mission or the lives and welfare of the troops and of their families.”That a person of Hennies' stature would give up his integrity for a contract agreement is beyond my understanding.
Spellissy was leaving the military after years of service. He was embarking on a civilian career in the same industry that he was involved with during his service. He had experience and skill in these endeavors. Other officers have left and pursued similar careers before him, and others will do so in the future. One of them, however, Hennies, saw Spellissy as a competitor that could obtain some of the contracts that he, Hennies, would otherwise get. He decided to combat this. That is a business decision and companies and businesses all over the world combat competitors every day.
However, the way that Hennies (and Brown) went about combating Spellissy was both immoral and illegal. That this heinous breach of integrity was done by officers that will forever represent our military is tragic. That their greed and lack of concern for doing the right thing should endanger our soldiers and sailors in combat is abysmal.
Finally, the actions of Special Agent Robert Calvert are unconscionable. LTC (Ret) William Burke accused Calvert of using threats to gain evidence against Spellissy, which eventually led to Burke's 'perjury' and to the embarrassing court scene where the U.S. case against Spellissy fell apart. Calvert manipulated the U.S. District Court by procuring a search warrant for Spellissy's home by deliberately misleading the Judge via omissions and misrepresentations of fact. It is clear that Calvert is dishonest and 'dirty'. What is not clear is whether or not he has been investigated or disciplined for his indefensible behavior in this case. What is not clear is why the focus has not shifted to the "big picture" with Spellissy trying to make a living on one side of this conflict and Brown, Hennies, and Calvert subverting the military and the courts on the other side.
I don't know if you are in a position to take action in this situation. I don't know if you have any interest, beyond your current role, in these detestable events. I don't even know if you share my values and believe that Brown's, Hennies', and Calvert's actions are reprehensible. However, I felt compelled to write this letter. I am outraged. I believe in this country and the values that we must venerate and emulate. I hope that you will take the time to read this letter and to peruse the timeline that I have attached. I hope that you will have the interest and take the time to investigate the big picture and to take some form of action. Alternatively, I hope that you will forward this letter to someone who will take the next step.
The United States vs Thomas Spellissy is a case of General Officer cronyism and favoritism.The investigation was without question a so called “witch hunt” to prevent COL Spellissy from having his own Defense Industry Consulting company and or put him out of business.A competitor of his, Major General (Ret) Lou Hennies used his personal friendship with General Bryan “Doug” Brown, Commander, United Special Operations Command to initiate an investigation of COL Spellissy when Picatinny Arsenal, New Jersey announced COL Spellissy’s company won the contract.MG Hennies used the Federal system to do his dirty work instead of competing fairly against COL Spellissy for business.
There are several issues that are bothersome about this case.First, the initial complaint was false.One sentence stated that Spellissy was buying bunker defeat munitions (BDMs) from the Norwegians and Swedes when he was on active duty.This is completely false.USSOCOM does not buy BDMs.The Army and Marine Corps buy BDMs from Talley Defense, USA.It goes on to say he was working for foreign governments.Again, absolutely false.Also, since the complaint was about winning a contract, the complaint should have been filed at the General Accounting Office, not USSOCOM.Second, the United States Operations Command, Inspector General (IG) presented an abundance of false information to the Defense Criminal Investigative Service and to the Federal Bureau of Investigation.This false information became the justification for a search warrant.The USSOCOM IG never checked on the validity of the complaint.They investigated because it was General Brown’s friend complaining.Obviously, he must be right!Third,as the investigation progressed and it became obvious that COL Spellissy had doneeverything correctly in accordance with the Procurement Integrity Act and had not violated Title 18 US Code 207 a and b, and 208 b.The government developed a theory that Spellissy had orchestrated a bribery scheme with a low level government private contractor with no decision authority, Mr. William Burke.Fourth, the senior leadership at USSOCOM interfered with defense witnesses by moving personnel out of jobs, punishing personnel before the investigation was completed, prevented witnesses from appearing at the trial etc…Almost all of the personnel at USSOCOM who worked with of for Spellissy are afraid to speak out because they fear reprisals.
I agree with Erik and Mike. Let me add some more to this discussion. Why was Congressman Bill Young receiving briefings from the Department of Justice while the investigation was going on? Also, what ever happened to the $20 Million that Spellissy "flatly refused" to hide from Congress. Why wasn't Special Agent Calvert charged with perjury for lying to the Majestrate Judge? Why did General Brown force Spellissy to retire? Why did Burke tell the truth at Spellissy's trial? Why did Burke plea in the first place? Is General Hennies a close friend of General Brown?How can the government hire Spellissy for a task and then try to say he commited a crime when he was on a trip that the government set-up? Why was Captain Huss punished? Did Spellissy save the government $2M on this trip? If so, Captain Huss made a very good decision. What is the connection between Spellissy and Etreppid? What contractor(s) received prefential treatment from Burke? There are a lot of unanswered questions concerning this case. I think that this case has the potential to explode on the government if Spellissy is acquitted.
What happened in Jacksonville yesterday? There is no article in the paper this morning. You have let your readers down. It appears that when the government was making its case, the St Pete Times and Tampa Tribune were all over it with coverage. Now that momentum has changed, you have fell asleep at the wheel. It is your obligation to continue to question the government until all the truth is known. At least that is what is taught in Journalism 101. I hear more by word of mouth than I read in the paper. Please fix the problem.
I am an American defense contractor and am very familiar with the players surrounding this case.I can tell you that I have never heard anyone from SOCOM, the Army or any other defense contractor from Industry believe that Tom Spellissy ever did anything wrong.They all have expressed that this is a continuation of General Brown’s friend, General Hennies’ frustration against Spellissy and PEO SP weapons and ammunition program managers with regard to pleasing an Hennies’ client.This is a mess because General Brown took sides with Hennies’ instead of believing in Spellissy. I feel that Hennies did take a cheap shot at Spellissy.Let me tell you what I think about Tom Spellissy as a PEO and a consultant:He is demanding, he has a no-nonsense approach to business, he is a man of his word, he is hard working, he is not afraid to take his wallet out when a bill comes, he is ruthless when it comes to taking care of soldiers, he is fun to be around and is a warrior. I am also afraid to sign my name to this post for fear of reprisals against my company.Everyone at the company I work for is pulling for him.
“Tom unselfishly gave up career as a Field Artillery Officer and a fellowship to Harvard and became an Acquisition Officer to lead the most demanding Program Executive Office in this command. His contributions to our Soldiers, Airmen and SEALS during Operation’s Enduring and Iraqi Freedom are significant.His office has arguably fielded more new and improved types of equipment than any other Program Executive Office in the Department of Defense.Our National Force continues to be the most premier force in the world because of the acquisition work of Tom’s office. There are several documented accounts where equipment fielded under his direct authority has saved the lives of members of our force during this Global War on Terrorism.He has been inducted as an Honorary Member of the 75th Ranger Regiment – a recognition achieved by only a few people.Tom is truly the Operator’s Program Executive Officer!Under his leadership, his office has also won the David Packard Award for Acquisition Excellence – this is the highest award for Acquisition in the Department of Defense. I can go on and on with more accolades, however, I am confident you get the picture that this officer accepts nothing but a standard of excellence.Tom never sought out any publicity for all the accomplishments that he and his Program Executive Office have achieved.He acknowledges his satisfaction by keeping our units the best in the world – he truly epitomizes the Quiet Professional."
Dr. Dale Uhler, USSOCOM Acquisition Executive, 27 August 2007
Here is a chronological sequence of events for USA vs Tom Spellissy
November 2004, Picatinny Arsenal announces Strategic Defense International (SDI), Inc won a contract to provide a Liaison Officer for program and technical services to support the Program Executive Office (PEO), Special Programs, USSOCOM, the U.S. Army Program Manager for Maneuver Ammunition Systems, the U.S. Army Armaments Development and Engineering Center and the Joint Small Arms Service Program.Also, This position was to be paid by Picatinny Arsenal to liaison to USSOCOM and its classified units, Department of Homeland Security, CIA, NSA and domestic and foreign industry and selected foreign governments.
December 2004, Major General Retired Lou Hennies, a competitor of Spellissy's lodges a complaint to his long time friend General Brown, USSOCOM Commander about the Picatinny Contract. Hennies did not compete for the contract. The contract complaint should have been filed with the General Accounting Office (GAO). USSOCOM Inspector General (IG) conducts an internal investigation.Found no violation of any law, regulation or policy in any shape or form regarding the Picatinny Contract.Picatinny contract not awarded due to General Brown’s interference.
November 2004, USSOCOM specifically by name requests Jacobs/Sverdrup for Colonel (Ret) Spellissy to work under contract for (PEO, Special Programs). This is done because Picatinny Contract is not in place.
January 2005, General Brown opens up a formal investigation of Colonel (Ret) Spellissy to determine whether or not he violated the Procurement Integrity Act and/or Title 18, United States Code Sections 207 (a) and (b) or 208 (a).
February 2005.General Brown expands the investigation by notifying the Department of Defense Inspector General (DoD IG).
March 2005, General Brown and the DoD IG expand the investigation by notifying the Federal Bureau of Investigation (FBI). April 2005, FBI raid Spellissy's house looking for evidence to support the above alleged violations.
May 2005, there is a Joint Special Operations Command (JSOC) Inspector General investigation on a classified program at Fort Bragg, NC.General Brown takes control of the investigation away from the Commander at JSOC because he suspects there is a link between the wrongdoing and Colonel (Ret) Spellissy.
June 2005, Mr. Bill Burke is fired from Sentel Corporation for giving sensitive acquisition information to a foreign vendor.The USSOCOM Program Manager for Ammunition, Mr. Don Jones is sent back to Picatinny Arsenal. They then send him to Iraq, making him unavailable to be subpoenaed by Spellissy's defense attorneys for trial.
July 2005, DoD IG and FBI determine Colonel (Ret) Spellissy and SDI have not violated the Procurement Integrity Act and/or Title 18, United States Code Sections 207 (a) and (b) or 208 (a).Also, determines there is no connection with Spellissy and the JSOC investigation.
July 2005, SDI-Spellissy rehires Bill Burke. Burke works for a retainer only - no commissions.If there was a bribery scheme or a conspiracy why wouldn’t Mr. Burke have commissions in his contract with SDI?
July 2005, Picatinny Contract still not awarded.
August 2005, the U.S. Attorney’s office for the Middle District of Florida informs Spellissy’s lawyer, Pat Doherty that Spellissy is a target in a bribery investigation concerning Mr. Bill Burke. This is the first time that the word bribery is mentioned by anyone.
August 2005, DCIS Agent Mr. Robert Calvert tells Mr. Burke he can’t work for SDI because SDI is an illegal Company. Judge Whittemore later puts in the record that this is a lie. This also supports what Burke has said or had been saying for a year - Federal Agents lied to him- forced him to plea.
October 2005, Mr. Bill Burke pleas guilty to one charge of bribery. Burke has told friends and testified that he didn't have the money to defend himself and was coerced by several law enforcement agencies to testify against Spellissy. Agents tell him he has no choice - "we know where you and your family live."
November 2005.Colonel (Ret) Spellissy is indicted on 2 counts of bribery, 2 counts of wire fraud and one count of conspiracy.
January 2006.Burke is sentenced to six months house arrest and fined $4.5K.
April 2006.Motion to Suppress Hearing for Spellissy. The justifications in the affidavit used to get the search warrant are ruled to be lies by the Judge. The judge called it "a deliberate falsehood and reckless disregard for the truth." However, he lets the warrant stand on one issue of probable cause based on an answer that was given by Captain Huss in present time vs data from two years ago. The data for the affidavit came from the USSOCOM IG office - two Air Force officers were on the case. DCIS Agent Calvert wrote the affidavit. Spellissy's lawyers also complain to judge about witness interference from SOCOM. Also, Judge Whittemore failed to recognize that Spellissy was in Norway on a government contract and Spellissy couldn’t have a violation of USC 207 or 208 until after he retires.The Norway trip was 4 weeks before Spellissy retired.
May 2006. Spellissy trial. No one testified against him. To everyone's surprise, including the Judge, the Jury finds him guilty on all 5 counts because they totally disregard Burke's testimony. Burke risking perjury testified that Spellissy never asked him to do anything illegal. He earned every penny he worked for and that he actually worked more than 45 hours. Another government witness, a federal employee, Jim Pettigrew testified that there is no evidence of preferential treatment to Spellissy and/or his clients. NO ONE on active duty shows up for Spellissy's defense - stonewalled by USSOCOM. Doesn't become a known issue because defense team rests after government presented its case.Why would Burke commit perjury if he weren't telling the truth?
July 2006. Judge throws out the bribery counts and declares new trial for the wire fraud. How can you have a bribery scheme if there is no evidence of bribery, maybe because there is no scheme. The Judge doesn't throw out the conspiracy count because a juror could infer a possible conspiracy. Judge states a "Serious Miscarriage of Justice may have occurred in this case."
August 2006. Spellissy sentenced to 15 months in prison and $4K fine. Spellissy denies any wrong doing at the sentencing. He asks the judge and the Assistant US Attorney to show him one piece of paper of where he did anything wrong and he would take responsibility for it. "I can look you in the eye and tell you that I didn't do anything wrong" St Pete Times quotes Spellissy.
September 2006. Spellissy appeals the conspiracy charge.
October 2006. Burke is indicted for perjury. Why is only Burke charged with perjury when a federal law enforcement agent lied to a Federal Magistrate Judge when obtaining a search warrant.
January 4, 2007.Spellissy’s appeal is filed.
January 23, 2007.Burke Trial for Perjury.Found guilty.He is consistent to what he testified at the Spellissy trial.The Judge said if it were a non Jury trial, he would have found Burke innocent.Again, Federal Law Enforcement Agent not charged with perjury.
At Burke's sentencing for perjury, A Federal Judge says "I fail to see the great conspiracy."
At Burke's sentencing for a probation violation, Burke's lawyer presented a copy of a polygraph test that Spellissy took and passed.
Spellissy granted an oral argument on 11 September, 2007.
What happened in Jacksonville - no press coverage??
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Topic: USA vs Spellissy
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