National Park Service - Noble Cause Corruption with "The Case of the Indian Trader"

"Americans have grown accustomed to hearing about scandal and corruption in government. But few people are aware that such problems exist within the National Park Service." -- Paul Berkowitz, Retired Criminal Investigator, National Park Service

Overview
In April 2011, the University of New Mexico Press published Paul D. Berkowitz's new book, "The Case of the Indian Trader: Billy Malone and the National Park Service Investigation at Hubbell Trading Post."

This is the story of Billy Malone and the end of an era. Mr. Malone lived almost his entire life on the Navajo Reservation working as an Indian trader in Arizona; the last real Indian trader to operate the historic Hubbell Trading Post. In 2004, the National Park Service (NPS) launched an investigation targeting Mr. Malone, alleging a long list of crimes that seemed similar to Al Capone's criminal capers. In 2005, Federal agent Paul Berkowitz was assigned to take over the year-and-a-half-old case. Mr. Berkowtiz's investigation uncovered serious problems with the original allegations made by the NPS, raising questions about the integrity of his NPS supervisors and colleagues as well as high-level NPS managers.  In an intriguing account of whistle-blowing, Mr. Berkowitz tells how he bypassed his chain-of-command and delivered his shocking findings directly to the Office of the Inspector General at the U.S. Department of the Interior.

National Park Service Also Erroneously Claimed in Federal Court Filings that the Long-Term Operating Agreement Between the National Park Service and the Independence Visitor Center Corporation Existed Five Months Before the Actual Agreement Was Executed

The Great Conundrum: Did the Long-Term Operating Agreement Exist Between the National Park Service and Independence Visitor Center Corporation as of November 23, 2009?

The answer is no! As of November 23, 2009, a Long-Term Cooperative Operating Agreement ("Operating Agreement") did not exist between the United States Department of the Interior - National Park Service ("NPS") and the Independence Visitor Center Corporation ("IVCC") regarding the operation of the Independence Visitor Center ("IVC") in Philadelphia. The NPS and the IVCC only entered into this Operating Agreement on April 26, 2010, "for the purposes of establishing roles and relating to the funding, operation, use and maintenance of the Independence Visitor Center..." (Operating Agreement, Page 1).

National Park Service Erroneously Claimed in Federal Court Filings that National Park Service Officials Have Never Served on the Board of Directors of the Independence Visitor Center Corporation, a Private Corporation

The Paper Trail and Money Trail Show That Senior National Park Service Managers Have Served in Their Official Capacities on the Board of Directors of the Independence Visitor Center Corporation

On November 23, 2009, Michael Levy, Margaret Hutchinson, and Viveca Parker, the United States Attorneys representing the National Park Service ("NPS") defendants in the lawsuit brought by The Constitutional Walking Tour of Philadelphia ("The Constitutional"), erroneously argued in the NPS's Motion to Dismiss filed in the U.S. District Court for the Eastern District of Pennsylvania that NPS officials do not serve, and moreover have never served, on the Independence Visitor Center Corporation's ("IVCC") Board of Directors,

"Mr. [Dennis] Reidenbach and Ms. [Cynthia] MacLeod are not IVCC board members, and never have been, but they attend board meetings as representatives of the [Independence National Historical] Park and NPS. See current IVCC Board of Directors, and page 1 of June 18, 2009 minutes of Board meeting, attached hereto." (Defs. Reply, p. 9) (emphasis added)

10th Anniversary of the National Park Service's Independence Visitor Center - Spotlight on Fact that Concessions Award Process is Followed in All Other National Parks Across the U.S., Except in Philadelphia

The Independence Visitor Center Corporation's (IVCC) Expenses Have Grown Substantially Over Time, The IVCC's Expenses Have Vastly Exceeded Congressional Budget Office Estimates, and The IVCC Has Failed Over a Prolonged Period of Time to Be Economically Self-Sufficient from Revenue Generating Activities

At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia. As the National Park Service (“NPS”) and Independence Visitor Center Corporation mark the 10th anniversary of the Independence Visitor Center on November 10th, it is time for Congress and the Courts to ensure that all commercial contracts at Independence National Historical Park (“INHP”), including at the Federally owned and funded Independence Visitor Center, are issued fairly, subject to existing laws governing the NPS.

Media Alert - Summary of the Matter Pending in Front of the United States Court of Appeals for the Third Circuit: Oral Argument Scheduled for December 6, 2011

Media Alert

Who
The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs-Appellants) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants-Appellees)

What
Lawsuit pending with the United States Court of Appeals for the Third Circuit (Case Documents can be found here)

When
December 6, 2011 - Oral Argument scheduled (time to be determined)

Where

Federal Court in Philadelphia, Pennsylvania with the literal and figurative backdrop of Independence National Historical Park (a unit of the NPS) featuring Independence Hall and the Liberty Bell – America’s Birthplace 

Why
This is a David v. Goliath fight between a small business - The Constitutional Walking Tour vs. the National Park Service and its agent, the Independence Visitor Center Corp. This story focuses on backroom deals, pay to play politics, crony capitalism, heavy hand of government, random and arbitrary government regulations, etc. At the nearly 400 national parks across the country where commercial visitor services occur (i.e., Yellowstone, Yosemite), the concessions award process is followed - however, that is not the case in Philadelphia.

Case Documents - In the Matter of The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants)

Following are the Case Documents in the Matter of The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants).

The Case Documents include those filed in the following Federal Courts:

• United States District Court for the Eastern District of Pennsylvania - Case Number: 2-09-cv-03083 Note: Oral Argument in the United States Court of Appeals for the Third Circuit Court in Philadelphia is scheduled for December 6, 2011.
• United States Court of Appeals for the Third Circuit Court- Case Number: 11-2146

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
 
I. COMPLAINT
Original Complaint - The Constitutional Walking Tour
July 10, 2009
The Constitutional Guided Walking Tours, LLC, Jonathan Bari and Leslie Bari (Plaintiffs) vs. Independence Visitor Center Corporation, William W. Moore, National Park Service, Dennis Reidenbach, Cynthia MacLeod and Darla Sidles (Defendants); United States District Court for the Eastern District of Pennsylvania at No. 09-cv-03083; July 10, 2009.

Private Benefit and Inurement - Public Dollars Serving Private Interests: Independence Visitor Center Corporation ("IVCC") Appears to be Non-Compliant with Federal Regulations and Standards Governing a Non-Profit Corporation

National Park Service Senior Officials Have Overseen Non-Profit's Operations with Administrative, Operational and Financial Controls

On June 8, 2011, the Internal Revenue Service ("IRS") announced that approximately 275,000 organizations lost their tax-exempt status because they did not file legally required annual reports for three consecutive years. While the Independence Visitor Center Corporation ("IVCC") was not one of these 275,000 organizations, the IVCC's non-profit status should nonetheless be carefully scrutinized, investigated and audited because it appears that the IVCC has used charitable funds to make undisclosed lobbying expenditures, the IVCC has attempted to influence legislation without reporting it, and the IVCC has provided substantial private benefit to organizational insiders and other private companies doing business with the IVCC.

The IVCC has acted over a prolonged period in a manner that may call into question the legitimacy of its tax-exempt status. The IVCC appears to have submitted misleading information to the IRS that conceals the lobbying activities in which the IVCC has engaged. Furthermore, transactions and business relationships between the IVCC and other related parties suggest conflicts of interest and substantial private benefit and inurement. The IVCC’s lack of transparency also raises suspicion as to its tendency to work towards the public good. Not only does the IVCC seem to have engaged in a history of behavior to benefit private, for-profit parties over the public, but it appears that the IVCC has also used millions of dollars in public money to serve these private interests and to fight transparency.

It appears that the IVCC has been regularly engaging in activities that do not appear to meet the IRS standards set for tax-exempt educational organizations whereby there appear to be serious inconsistencies with its tax exempt purpose. From a Board of Directors which appears rife with conflicts of interest, perceived and/or real, to a business model that appears to substantially benefit private, for-profit enterprises, the IVCC appears to have betrayed its educational mission in the name of greater revenue and private gain over the public good. It also appears that there are numerous errors, omissions and/or misrepresentations by the IVCC with regard to its operations, disclosures and filings with the IRS and other government authorities. The IRS should investigate the IVCC and perform a critical assessment regarding the IVCC's compliance, or lack thereof, with the regulations governing non-profit organizations. To the extent that the IVCC is found to not be in compliance with IRS regulations governing non-profit companies, then the IRS should assess whether the IVCC can continue as a 501(c)(3) non-profit and determine what penalties, financial and/or otherwise, would be appropriate.