10 0910 Bharara Letter

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CONFIDENTIAL

Brian S. Aryai, CPA


55 Arleigh Drive
Albertson, NY 11507

(347) 242-3115
(718) 350-7574
September 10, 2010

Via Regular Mail

The Honorable Preet Bharara, Esq.


United States Attorney
Southern District of New York
1 St. Andrews Plaza
New York, New York 10007

Re: Violation of Federal Enforcement and Recovery Act of 2009 &


Corruption at the United States Marshals Service

Dear Mr. Bharara:

In conjunction with my letter to you, which was dated August 9, 2010, I am


attaching an email authored by Yolanda Lopez, my supervisor at the time the
document was issued. I am also attaching my original letter to you.

This email clearly communicates my vulnerability as a contractor in blowing the


whistle on cogent indication of fraud and a cover up of such suspected fraud and
misconduct, which I outlined in my previous letter to you. Ms. Lopez, in her email,
states: Brian Be careful. Len is the Senior USMS for Business and Complex assets.
We are contractors and must cover for him, present a united front. US Attorneys
should not get the impression that we are in differing levels.

The email speaks volumes, intent and nature of which is self-evident. Your own
subordinate, Assistant United States Attorney Ward, as the email evidences, also
had been deeply concerned about Len Briskmans unauthorized external business
activities and suspected fraud and lack of transparency in the disposition of
forfeited assets within the Asset Forfeiture Program.

Regrettably, AUSA Ward, lacking lawful and proper authorization, revealed my


identity as a whistleblower to Mr. Eben Morales, Briskmans supervisor, who
immediately retaliated against me by removing me from my position. The fact
remains that Mr. Morales unlawfully obstructed justice in interfering with an
investigation by the Department of Justice Office of Inspector General (OIG) in
seeking and obtaining my identity, as the whistleblower, from AUSA Ward, who
wrongfully provided the information. AUSA Ward, based on my information,
reported to her in confidence, in a whistleblowing act, had made a referral to the
OIG for investigation. I respectfully ask that you correct this miscarriage of justice
through remedial action, as the misconduct of your subordinate, AUSA Ward,
directly led to the wrongful termination of my employment as financial counsel to
your office, as well as to the Eastern District of New York and District of New
Jersey. As you know, in May of 2009, President Obama prudently signed into law
amendments to the False Claims Act, 31 USC 3729-3733, extending protections to
contractors against retaliatory acts targeting whistleblowers who report fraud and
criminal activity.

Ethical conduct must be praised and rewarded not punished.

Sincerely,

Brian S. Aryai

cc: The Honorable Eric H. Holder, Esq.


Attorney General
United States Department of Justice

Ms. Mary Patrice Brown, Esq.


Acting Counsel
Office of Professional Responsibility
United States Department of Justice

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