The Federal Case ^{God Father}

On December 9, 1991, I contacted the INS to no avail, after my American employer, Dr. Moshe Lavid - the President of M.L. Energia, Inc. threatened my life if I went to the INS.  The chief investigator Eugene Flanagan advised me to file a charge with the OSC, over IRCA violations.  So I did.

On February 5, 1992, the OSC (Office of Special Counsel, U.S. Dept. of Justice) opened Charge 2071 against M.L. Energia, Inc. my ex-employer in New Jersey, U$A.  This federal office later closed the charge on about April 8, 1992, because of said "insufficient evidence" [sic]. A civil servant attorney of the Federal Gov't, Bruce S. Friedman, had written internally within the investigation file DJ# 197-48-71, on about March 17, 1992, that Dr. Moshe Lavid (the President of M.L. Energia, Inc.) fired me, likely because I had REFUSED TO COLLABORATE IN FRAUD!

The fraud was likely the petition of M.L. Energia, Inc. to employ me as commercial partners of RAFAEL, Israeli Armament Development Authority (owned by the Israeli Ministry of Defence). I have obtained the internal memo of the OSC only in August 1995, following my two FOIA appeals spending over two years, not to say significant amount of money.  Back then (in April 1992) I was advised by the OSC to file a private complaint, which I did timely. 

On June 22, 1992, I filed a private complaint with the the EOIR - Executive Office For Immigration Review, OCAHO Case #92B00143. I alleged over discrimination because of national origin, under the provisions of Federal Law, 8 USC 1324b, solely.  I was never represented by a counsel in the United States, i.e. I did all by myself (because I could not afford hiring a lawyer, as no lawyer was willing to take a contingent case).  These proceedings ended on October 31, 1994, when my complaint was ordered to be dismissed.

Lastly, the Administrative Law Judge (Joseph E. McGuire) has ruled that the facts were exactly as I attested, never mind what Dr. Moshe Lavid (the employer) said!   Regardless, I was not granted a monetary relief, under the provisions of IRCA - Immigration Reform Control Act.  How could there be a national origin discrimination, if M.L. Energia, Inc. had petitioned that they were partners of RAFAEL (Israeli Ministry of Defense) to pay my wage in the United States, as an H-1 alien?

Consequently I attempted to rebute saying that Energia had done it knowingly and intentionally after employing me unlawfully (but I was unaware to this illegal employment).  However Hon. Judge J. McGuire hushed me crazily.  He did not allow me to investigate whether there was a conspiracy between RAFAEL's employees and Energia's owners.

Indeed, this Judge ruled that M.L. Energia, Inc. failed to have the mandatory Alien Labor Certification on a file (with the U$ Secretary of Labor). The Administrative Court did not explain, but implied that the whole process of my hiring was improper.  Consequently I attempted to review these proceedings. I proposed my contention that I had been, in fact, an undocumented alien worker and as such M.L. Energia, Inc. may not have fired me, under a precedence case of IRCA with respect to discharge. Regardless, I was found not eligible for a relief under the provisions of this federal law, 8 USC 1324b, and my complaint (OCAHO 92B00143) was dismissed (fortunately not denied).

All my further legal proceedings were absolutely denied without giving the reason for denial, although i followed all the written regulations as given to me in advance.  First I attempted to be granted a review of the OCAHO Case #92B00143.  However my "Petition for Review" filed with the Appellate Court of the 3rd cir was denied, without an explanation.  I was advised to file a motion for rehearing en banc, so I did.  Then on October 2, 1995, 13 judges of the U.S. Court of Appeals for the Third Circuit denied rehearing without having before them the WHOLE record of the Executive Office for Immigration Review OCAHO Case #92B00143, as required under the court rules.

Final decision was given on October 10, 1995.  The court of Appeals did not provide an explanation why the October 31, 1994, Administrative Decision would not be reviewed.  Under the currect rules the court does not need to explain its decision. . . yet, the decision was apparently given in reckless disregard of the fact the complainant shows that I, the injured party, had been employed unlawfully as an "undocumented alien" and I had a standing under IRCA, 8 USC Sec. 1324b.

Venue was proper because the employer had been transacting business within the area in which the court has had jurisdiction. Yet the firm failed to be represented as instructed by the court and to file any response before the court. Moreover, the executive office for Immigration Review apparently failed to timely provide the full official record of the Administrative Court for the purpose of reviewing the whole case.

My latter petition for a "Writ of Mandamus" against the INS Commisioner, Docket No. 95-7338, at the U.S. Sup. Ct. was denied by the clerk of the Supreme Court, on about February 26, 1996, without giving any reason.  Actually they denied Mandamus together with my motion to proceed in forma pouperis.

I have tangible documents which would show that the OSC had intentionally dropped the case in 1992 knowing that the employer had abused me and other foreign employees.  The INS has failed to answer any of my petitions, not to say U.S. Dept. of Justice, Civil Rights Division.

There is a reason to believe that U.S. Government has had collusive relationship with the owners of M.L. Energia, Inc. - who knowingly and wilfully violated the Immigration Nationality Act, and by doing so deprived my rights absolutely abusing my alienage.

Here, in Israeli courts, I am represented by an attorney.  The State of Israel has zealously denied any connection with M.L. Energia, Inc.  Consequently, the Israeli National Labor Court granted dismissal of RAFAEL (the State of Israel) as a party to my lawsuit alleging a breach of a labor contract in the United States (remember they were likely partners).  I would show that the dismissal of RAFAEL as a party from the caption was improperly ordered.  There was no proper hearing.  The Labor Courts and the Israeli State Attorneys likely acted ex-parte in violation of the vague procedures.

I filed a petition before the Israeli Supreme Court, it was denied on the grounds that the Supreme Court would not intervene, even though there was a legal mistake made by the Labor Court apparently.

The NJ firm M.L. Energia, Inc. and its owners (Dr. Moshe Lavid and Ms. Nira Lavid) remained sole respondents, and the Regional Labor Ct. in Jerusalem lastly decided after a year of proceedigns that it had no jurisdiction over this case and the case was disposed to Regional Labor Ct. in Haifa.  The Regional Labor Court in Haifa was quite inefficient at first.  In June this Court let me file an affidavit and a motion for a verdict, so I did on July 1st.  This court has also considered including RAFAEL (Israeli Aramament Development Authority) as a party to this legal proceeding.  Two weeks later the presiding Hon. Judge, Doron Meiblum, passed away.  May he rest in piece.  Additional two and half years have passed without any definite result yet.

Still I claim now that RAFAEL should have been liable for a breach of my employment contract in New Jersey, if it was a partner of M.L. Energia, Inc. to pay my wage, as ruled by Hon. Judge McGuire in OCAHO Case #92B00143.  Otherwise, M.L. Energia, Inc. has committed fraud, pretending to be a partner of the State of Israel.  If the second alternative is the truth, then I would contend that the State of Israel should request the U.S. Government to extradite the Lavids (the owners of Energia) enforcing them to appear before an Israeli court (now they refuse to do so).  Anyhow they are holding dual nationality, although they are American residents, rendering services to DARPA, DOD, EPA, NASA, and lastly USDA.

M.L. Energia, Inc. had solicited me offering an employment contract when I was residing in Israel, and I accepted it while residing here.  Accordingly Israeli law for a breach of a contract should apply. Moreover, the Lavids abused networking that they had with some high ranked officers in RAFAEL, and there is an evidence for this allegation already filed on the record of the EOIR (OCAHO Case #92B00143).

Following over three years of inaction the Lavids have shown up at the Labor court in Haifa on December 31, 2000.  Both parties timely filed their pleading documents before the court.  On Sept 5, 2001, the court made a decision to which the Lavids requested to appeal.  Their Request to Appeal was granted and I cross appealed.  Appeals' hearing is scheduled January 22, 2002...

Alternatively (and only if my legal action at the Israeli labor court fails due to lack of jurisdiction), I would have to renew my legal contest in the United States, under the provisions of RICO (rackettering and fraud) and then RAFAEL, The State of Israel, should be also liable as a party to the proceedings, whether they like it or not. The real battle against the evil forces has not started yet likely.

Bear in mind that my `84 Volvo was sabotaged in August 1997, when I was visiting my lawyer in Jerusalem.  Then my petition at Israeli High Ct. (4556/97) against the Civil Service Commissioner was pending.  The State Attroney failed to answer me timely.  Abusing a diversion tactics, the State Attorney proposed an improper reply after more than 90 days, although it had been ordered on July 23, 1997, to be given within 15 calendar days.  Unfortunately, I failed to reopen the case.  My Israeli lawyer was reluctant not to apply the sharp language I proposed.  In my opinion, if my petition was filed literally as I wished they might have ruled against the Civil Service Commisioner.

Notwithstanding there was another petition pending before the Israeli High Ct. 3434/98, in which I have filed an incriminating affidavit that should reopen the whole case.  I was challenging the refusal of the Attorney General to grant criminal charges against seven civil servants, employees and ex-employees of RAFAEL. They allegedly conspired with the Lavids to defame me by a libeluous letter (likely I was a security and a commercial risk to anyone who would employ me). Thus I lost my position as a civil servant in RAFAEL.  The petition was rescinded by me on Oct 14, 1999, and I have the right to renew it! 

Now the State of Israel is paying me 40% (of my last wage) lifetime pension, expecting me to shut my mouth, but I am not going to waive my right for a full rehabilitation and reimbursement (NIS 3,728,261 for libel + $220,000 for a breach of employment contract in the U$A).