Thursday, July 26, 2018

The New California Law - What Got Fixed and What Didn't

So what allows the scams to continue - at least in California (and we know it applies across the country)?



 On the good side of the scam - if there is one: Lack of Knowledge, and Education. On the real side of the scam: Much worse.  



One reason for the "Much Worse" side of the scam is an involved California State Attorney General that stopped all investigations in California over the past 13 years. One of the State Attorney Generals - Bill Lockyer - is in the Roofer's Union wiht a stepfather that had a roofing contracting concern in the SF Bay Area.....did you see them investigate my claims in 1997 or since? No.  They instead tried to find out everything I knew and who all was talking to me....in 2001. Does that sound right?



So the new law the California Legislature just passed - which I will get to in a moment - wants you to go report what you find to the involved persons stopping investigations - the State Attorney General.



Why?  They won't be doing anything.



Then you can if you wish, they say in this new law, go to the State Auditor.



From my experience?



No, you should go to the State Auditor only - and let them turn it into the Feds or the State as they wish.



The best course is to stay away from anyone elected to report activities to, they have allegiances only to their buddies, and that could be anyone.



I ought to know, after 13years of attempting to get someone to listen - they still aren't protecting whistleblowers here, it's about keeping the funding sources for politicians intact. Seriously.  



So what else is "Much Worse" in this scam?  



Kickbacks.



Yes, it's true.  



How does it work?  



The involved parties are:



1. Roofing Manufacturer's Reps, who lock down the work with Government Officials long before projects are budgeted for.



2. To get work with public entities, at least in California, architects and engineers walk into a Cesspool. Here's how it works:



a. They get the job.

b. The government contact hands over sets of specs on particular products they "have to have" (illegally) sole-sourced.

c. The architect or engineer balks.

d. Payments for work stops.

e. The firm has to start laying off people.

f. The firm has to give in.

g. The firm just prays no one goes after them for it.

h. The firm can only get more work by doing it. Otherwise, shut their doors.



That's how the Cesspool works - with Government Officials taking kickbacks from Manufacturers. And that's how most architects and engineers are "involved." Some may be taking kickbacks, the majority not.



And are those kickbacks sweet that the needy-greedy addicted Government Officials get.



 3. Either the Roofing Contractor involved "kicks back" monies to the Manufacturer's Rep, who redistributes the monies to the Government Officials, Facilities Personnel, or other decision makers.



What are some of the things we hear of?

1. A former Manufacturer's Rep admitted here in California to taking $10,000 cash, giving it to another rep to hand to the Facilities Director of a School District in the LA Area, in the form of cash, coupons, etc. for a trip the guy took.

 2. A new owner of a family roofing concern in New Jersey found checks made out to the Manufacturer's Rep  



So what did the California Legislature do?



Pass a law punishing everyone but the involved persons forcing the scam - Government Officials.



Oh, there was some good stuff in there about "equals" and how to define them - but the main part of why the scam happens was not addressed. Kickbacks to the Building "Owners" - Government Officials, Government Facilities Directors and Managers and Staff Designers, City Council Members, School Board Members.....etc. All Government Officials.



Not one of them was required to sign a statement saying they had no financial interests with the manufacturers involved in the roofs they force.



The California Legislature did do something very ineffective:

They required architects and engineers, most of them forced by those in government taking kickbacks to write the "Lock Specs" (copy them), to sign the form.



It's not enough to punish those who don't know what is going on in California by making them sign a form saying they have no financial interest in the companies they have specified....when it's the School Boards, the State Dept. of Education, Facilities Personnel, Administrators and so on forcing the specs - for no good reason.



One needs to understand what laws were changed that were working, and who is stopping investigations and why, before you can make effective laws.

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