Concerning Vicki Behenna for Oklahoma County District Attorney
April 13, 2022
Dear Oklahoma County District Attorney Voter:
On December 17, 2012, OKC FBI agent Timothy Klotz was sentenced to prison and restitution for the theft of United States currency. Agent Klotz was making $123,000 per year-plus all he could steal. In addition to his penchant for swiping loose cash, Klotz was an accomplished forger-faking 7 FBI and Air Force co-workers' signatures 66 times. Attorneys from the Northern District of Texas investigated and prosecuted Klotz-presumably because the entire staff of the Western District of Oklahoma had an obvious conflict of interest. After all, Klotz had worked for WDOK for 15 years - he hadn't worked anywhere but OKC.
***Attachment A: USA v. Klotz - Factual Resume - Document 10 - July 13, 2012
***Attachment B: Sentencing Courtroom Minute Sheet - Document 22 - December 17, 2012
***Attachment C: Tulsa World Article: "Bankrupt FBI agent charged with stealing informant cash - Nolan Clay - July 4, 2012
On February 12, 2013, Nick Lillard, Assistant US Attorney for WDOK, phoned trial lawyer E. Joe Lankford to cancel a meeting set for February 13, 2013. The meeting was to be attended by my lawyers, E. Joe Lankford and Chris Eulberg, Mr. Lillard and myself. The reason for the cancellation was that the matter had been assigned to Vicki Behenna, another AUSA for WDOK. Mr. Lankford set a meeting with Ms. Behenna for February 18, 2013. That meeting was cancelled subsequently because February 18th was a federal holiday. I remember my attorneys scoffing individually at the idea of WDOK "investigating" Klotz, especially after Ms. Behenna, whose husband was literally an FBI co-worker of Mr. Klotz had been assigned to follow up. But, Mr. Lillard assured Mr. Lankford that if our claims against Klotz were verified that the US Attorney's Office for the Western District of Oklahoma would be inclined to dismiss my criminal case. Mr. Lankford knew and respected Mr. Lillard and took him at his word.
***Attachment D: email from Chris Kluding to Chris Eulberg Feb. 12, 2013
On March 18, 2013, Mr. Eulberg hand delivered a three ring binder notebook to the office of Vicki Behenna. The notebook contained overwhelming evidence of further felony crimes committed by Klotz and others in federal positions. The evidence included explicit threats made by Klotz against US Bankruptcy Trustee Lyle Nelson and those in his employ while Mr. Nelson operated in his official capacity for the United States Bankruptcy Court - Western District of Oklahoma. In fact, these threats precluded Mr. Nelson's exculpatory testimony in my criminal case. This evidence was discovered in US Bankruptcy Court for the Western District of Oklahoma and verified in a 23 minute recorded telephone call with Lyle Nelson, Mr. Lankford and myself.
***Attachment E: email from Chris Eulberg to Chris Kluding March 18, 2013
Mr. Lankford repeatedly assures me that investigations take time. After all, AUSA Behenna and her colleagues have many witnesses to interview. Ms. Behenna resigns/retires from US Attorney's office in late 2013. In a November 2019 interview with KOCO 5, Ms. Behenna says, "Sometimes the truth doesn't get told. I experienced it with my son.". At the time of the interview, Ms. Behenna was the executive director of the Oklahoma Innocence Project. "I'm doing justice. I'm just doing it on the back end to make sure, if we got a conviction, we did it the right way," Vicki Behenna said.
***Attachment F: email exchange Chris Kluding/Joe Lankford August 16, 2013
***Attachment G: email exchanges Chris Kluding/Joe Lankford December 10-11, 2013
***Attachment H: "Mother of pardoned Oklahoma man fights for those wrongly convicted" -KOCO 5 Maggie Carlo November 5, 2019
On July 15, 2020, I wrote the attached email to Ms. Behenna. The email was a polite inquiry and nudge for the executive director of the Oklahoma Innocence Project to do the right thing - finally. Justice delayed is justice denied, right? No response.
***Attachment I: email from Chris Kluding to Vicki Behenna July 15, 2020
On December 16, 2020, I received a response from Ms. Behenna via the attached email chain. In fact, within thirty minutes of a gentle prod from OCU's Law Dean. Ms. Behenna offered me her condolences for being a "dead end". I followed up immediately with more specific questions trying to gauge exactly happened with her "investigation". No response.
***Attachment J: email chain Ms. Behenna/Mr. Roth/Chris Kluding December 16, 2020
Corrupt officials don't want to quit being corrupt - they just want you to quit complaining about their corruption. Please educate yourself with every available resource and choose carefully. You may need who you vote for to do the right thing one day - even when no one is looking.
An extensive timeline cross referenced with court filings, emails and transcripts as well as audio recordings can be found at pardonchrisk.com.
Dear President Biden,
My name is Chris Kluding. I’m a 49 year old married father of three. I became a registered nurse in 1992 after graduating from Oklahoma State University – OKC. My first nursing job was in a residential treatment center for adolescent sex offenders. I learned quickly that my personal feelings had nothing to do with me discharging my duties professionally and with integrity – even in very tough circumstances. Later, I became interested in home care, owning one agency and managing several others. At the height of my responsibilities I oversaw as many as 15,000 home care visits per month.
Unfortunately, my license to practice as a registered nurse in Oklahoma has been temporarily suspended since 2001. The Oklahoma Board of Nursing took this action after my sentencing in federal court. I was found guilty by a jury on two of three counts outlined in a June 1999 indictment. All three counts stem exclusively from a 1995 cost report that I did not prepare nor sign. In fact, a former FBI & OIG special agent, attorney, certified fraud examiner and recipient of FBI director’s commendation, Mark A. Patzkowski, was paid at least $108,631.76 for his work related to the same 1995 cost report. This fact was discovered by US Bankruptcy Trustee, Lyle Nelson, and he pursued the matter. The US Atty’s office, FBI and DHHS continually harassed the Trustee and ultimately threatened him to keep Nelson silent.
I’ve waited many years to no avail for the Western District of Oklahoma to acknowledge and address well documented misconduct and crimes committed by former employees of the FBI, Department of Health & Human Services and the US Attorney’s Office. Embarrassingly, I find myself in need of a presidential pardon as I no longer believe justice is forthcoming otherwise. In support of my request, I present the following facts:
On December 18, 2012, FBI Special Agent Timothy Klotz was sentenced to prison and restitution stemming from his forgery of fellow agents’ signatures and repeated theft of cash over a four year period. Klotz was prosecuted by the Northern District of Texas as he had worked for 15 years in the Western District of Oklahoma.
On March 18, 2013, Attorney Chris Eulberg hand delivers documents related to my case to Vicki Behenna at her office. Ms. Behenna was the assistant US Atty for the Western District of Oklahoma assigned in February 2013 to investigate new claims related to Klotz. The delivered documents were discovered in the US Bankruptcy Court in January 2013. Among the many documents outlining the harassment and intimidation of US Bankruptcy Trustee, Lyle Nelson and his employees, is page 22 of Document 437 filed on 05/20/2004, which reads in part:
02/14/00 (Trustee) Unscheduled meeting with FBI; FBI appears to threaten Trustee or employees.
02/14/00 (Attorney) Conf. with John Mashburn re: strategy and claim w/debtor’s atty. FBI comments which appear to be veiled threats if pursuing QualiCare payment issues; grand jury; discussion about a harsher threat to HCBS employee.
After being threatened by Special Agent Klotz, Trustee Nelson phoned my trial attorney, E. Joe Lankford. Nelson told Lankford he could no longer testify or cooperate with my case. Nelson gave no reason, but was adamant – even though proceedings in my case began the very next day – February 15, 2000.
It would certainly be advantageous to hear Klotz’s side of the story. Unfortunately, no FBI 302s have ever been provided for 02/14/00. In fact, no FBI 302s have ever been provided for any date despite dozens of FBI interactions described in the US Bankruptcy Trustee’s filings.
Simply put, Special Agent Klotz precluded the testimony of Lyle Nelson, US Bankruptcy Trustee, through the use of threats and intimidation. Nelson held clearly exculpatory evidence in my case that he acquired through operating in his official capacity and was threatened to keep him silent about same. Keep in mind that my case was Klotz’s first – he inaugurates his FBI career with witness tampering and perjury then ends it with swiping loose cash for four years. Frankly, it’s hard to believe that the interceding years weren’t wrought with troubling conduct.
Mr. Nelson confirms and recalls the harassment and threats in a 23 minute phone call on January 18, 2013 with myself and Mr. Lankford. Mr. Nelson refers to Special Agent Klotz, stating in part,: “It’s just so crazy because you know you always hear that you always talk about that stuff that what goes around comes around. We always have people that cross our paths like you see things and you are like how in the hell does that person, why doesn’t a load of bricks just fall on them walking down the street? It’s karma. And it never seems to hit them. I always tell myself if it doesn’t happen on this earth, then God’s going to take care of it or something like that. I try to tell myself that, then every once in a while you see something like this and you have to laugh, and there you go.” Incredibly, Mr. Nelson, as of December 16, 2020, has not been contacted by the US Atty’s office.
Mr. Mashburn(counsel for Trustee) confirms and recalls the 02/14/00 meeting described above in Document 437 in a 14 minute phone call on February 7, 2013 with myself and Mr. Lankford. Mr. Mashburn states: “we had a joke when the case first started out. Wondering jokingly whether the government, FBI or whatever was going to audit us or whatever coming out of this and then, like I said, it got to be a little more serious as it went along. And I guess about the time when the FBI showed up at the office it wasn’t a joking matter anymore.”
Blatant hypocrisy and narcissism run rampant in our justice system. Democracy simply cannot survive law enforcement’s bad actors if their behaviors go unacknowledged and effects uncorrected. As former assistant US Atty and current executive director of The Oklahoma Innocence Project, Vicki Behenna, was quoted in The Oklahoman on April 5, 2020: “We have to be open to be able to look at decisions we’ve made in the past and maybe do something to correct a wrong.”
I have an expansive body of evidence posted at pardonChrisK.com in outline format with many supporting documents including court filings and transcripts, emails and voice recordings. Thank you in advance for your consideration.
US Trustee/FBI Interactions
07/14/1997 – Bankruptcy of QualiCare, Inc.(97-16891) assigned to Lyle Nelson(OBA#10914) by Judge Bohannon.
12/12/1997 – Meeting with FBI and Medicaid fraud investigation
-Document 95, pg 14
01/28/1998 – Extended telephone conferences with attorney for A.G. office: Mr. Bob Troester re: records issue; copy versus original; competing interests;
-Document 95, pg 18
03/05/1998 – Telephone Conference with U.S. attorney Bob Tresper re: subpoena problems.
-Document 95, pg 22
04/02/1998 - Notice of Appearance, Christopher Kluding
***Court rules require Christopher S. Kluding now be noticed along with others that have entered appearance.
06/22/1998 – “5. Now, the U.S. Attorney and FBI have unilateral set aside that informal agreement. The Trustee has again been served with a subpoena, this time to appear before a grand jury which is apparently investigating the Debtor. The FBI and U.S. Attorney are now insisting that the Estate inventory the records, rather than just make them available. In brief, it appears that the U.S. Attorney and FBI would like this Estate to perform their work for them.”
“6. At issue is approximately 374 bankers size boxes of records. The Trustee can only estimate, but there are probably several hundred thousand pages of records. The subpoena also directs and demands that all of the records be delivered to the grand jury. The Trustee believes that this could materially impair the Estates ability to recover additional accounts receivable which have been discovered. These receivables total over $1.1mm.”
-Doc. 79, pg 2
-Doc. 79, pg. 5-6
***Chris Kluding left off mailing matrix, despite NOA(Document 71)
06/22/1998 – “3. To date, three (3) subpeona’s have been served on the Trustee by the FBI.”
-Doc. 80, pgs. 1-4
***Chris Kluding left off mailing matrix, despite NOA(Document 71)
06/22/1998 – “The trustee in in the process of submitting several applications which surround the Trustee’s protection of certain records of the estate from wholesale decimation by the FBI, U.S. Attorney’s office, a third party benefits administrator, and possibly others.”
-Doc. 81, pgs. 1-3
***Chris Kluding left off mailing list, despite NOA(Document 71)***
07/07/1998 – “…FBI issues; estate accountants look like they won’t work. Say they were threatened by gov. or feel threatened. This will put a real crimp in estates ability to recover funds it is owed.”
-Document 437, pg 8
09/09/1998 – “…problem of documents, FBI took, proving case, estate accounts(sic) going to quit because of veiled threats.”
-Document 437, pg 9
09/25/1998 – “Have received excellent decision in Healthback case which should help us proceed against Palmetto on our claim”, “FBI has backed out on protective order again…wants to move records to FBI Building; I have declined to let them out of our possession…FBI has made three deals on retention of records, and themn(sic) backed out on all three.”
-Document 445, pg 5
01/25/1999 – “…go back over records wrecked by FBI for Palmetto suit”
-Document 437, pg 12
01/28/1999 – “I believe FBI and/or Palmetto “lost” doc; I need them”
-Document 437, pg 12
02/01/1999 – “Meeting with Mr. Graves re: misc. US Attorney issue; documents. Suggests to let documents go rather than push original agreement and Fed. Judge.” “FBI will take tomorrow”. Mr. Graves is Lyle Nelson’s boss. - Mr. Graves (OBA#3538)
-Document 437, pg 13
03/17/1999 – Nelson hires outside counsel – John Mashburn(OBA#12763)
05/19/1999 – Nelson files suit(99-01185): Lyle R. Nelson, US Bankruptcy Trustee on Behalf of QualiCare, Inc. v. United States of America, Department of Health and Human Services and Palmetto Government Benefits Administrators, a Division of Blue Cross and Blue Shield, a South Carolina Corporation. Suit seeks well in excess of $5 million in reimburseable charges plus damages and attorneys’ fees.
“9. Defendants have not filed a claim in the QualiCare bankruptcy.”
“10. Defendants are now time barred from filing any claims in the QualiCare bankruptcy.”
-Document 1, pg 2
“29. Defendants’ actions were not taken in furtherance of any governmental police or regulatory power and were not otherwise excluded from the automatic stay.”
“30. Defendants’ actions herein were solely designed to advance their pecuniary interests.”
“34. Defendants’ actions have forced the Plaintiff to incur great expense including expenses of attorneys, accountants, auditors and others and have otherwise damaged Plaintiff.”
“35. The actions of Palmetto were further motivated by a compensation scheme which reportedly rewards Palmetto for costs or charges which it disallows or does not pay to providers, whether properly or improperly, further indicating that Palmetto has willfully and maliciously acted in violation of its contractual obligations to the debtor and in violation of the automatic stay.”
-Document 1, pg 6
06/15/1999 Chris Kluding indicted. Case CR-99-0107-T
07/30/1999 – “Subsequently, the Applicant, in connection with his auditors, discovered unscheduled and unknown assets, primarily consisting of unbilled visits and costs. Despite the incredible resistence(sic) provided by the federal government, including FBI, Department of Health and Human Services, Office of the United States Attorney(who on several occasions has specifically told the trustee that he will never recover any money for the creditors of this estate), Palmetto, as well as a myriad of other claimants, to date, the Trustee has recovered in excess of $560,000.00. The trustee has obtained initial approval for the payment of an additional $1,200,000.00 and has caused additional litigation to be brought against the United States to recover that money, as well as additional funds.”
-Document 95, pg 1-2
***Chris Kluding left off mailing matrix despite NOA(Document 71)***
09/1999 – “…U.S. Attorney office has told trustee that all claims will be denied, even before claims will be submitted.”
-Document 445, pg 5
10/08/1999 – “theory is attorney provided advise(sic) which resulted in Palmetto disallowing $750K in costs per year.”
-Document 437, pg 21
***Mark Patzkowski (OBA#14293)***
11/1999 – “Still do not have documents back from FBI”, “New information on possible claim versus prior professionals of estate based on documents furnished by Chris Kluding.”
-Document 422, pg 6
12/1999– “Conferences with Chris Kluding attorney re: his trial”
-Document 445, pg 6
01/2000 – “Receive information(continual) that HDCBS(sic) personel(sic) may be target of US Attorney; will make it difficult for trustee to prosecute administrative appeals; may have to consider hiring new professionals, if any willing to work”
-Document 445, pg 6
01/17/2000 – “Conf. with attorney Joe Lankford(OBA#5227) re: his docs; help with cost report; he is attorney for Chris Kluding; hit Monarch Management issues; we need answered for cost dispute resolution.”
-Document 437, pg 22
02/2000 – “HCBS receives target letter from grand jury”
-Document 445, pg 6
02/14/2000 – “Unscheduled meeting with FBI; FBI appears to threaten Trustee or employees.”
“Conf. with John Mashburn re: strategy and claim with debtor’s atty. FBI comments which appear to be veiled possible threats if pursuing QualiCare payment issues; grand jury; discussion about a harsher threat to HCBS employee.”
-Document 437, pg 22
***”debtor’s atty” is Patzkowski***
02/14/2000 – Nelson phones Lankford and adamantly states that he will no longer testify or cooperate further. No reason is given.
02/15/2000 – Special Agent Mark Creamer perjures himself repeatedly in federal court under cross Examination by Mr. Lankford, including denying any knowledge of Patzkowski’s involvement in the 1995 cost report. (The 1995 cost report identifies that it was prepared by the providers independent accountant or consultant, Patzkowski & Associates, P.C.)
-Reporter’s Transcript of Proceedings Had on February 15, 2000. James Hearing. Before the Honorable Ralph G. Thompson, Judge Presiding pgs. 27-31
***No 302s ever provided for Mark Patzkowski (OBA#14293)***
02/23/2000 – Chris Kluding found guilty on two charges, acquitted on one.
04/2000 – 08/2000 – “Proceed to sue prior attorney for QualiCare for malpractice.”
-Document 445, pg 6
***I was unaware of Patzkowski case until 01/2013.***
05/19/2000 – Kluding’s name disappears again from mailing matrix. Kluding’s name appeared on mailing matrix on Document 102, the previous document sent out for noticing.
-Document 102, pg 2
-Document 138, pg 5
06/19/2000 – Nelson files suit in OK County: CJ-2000-4492. Lyle R. Nelson, U.S. Bankruptcy Trustee on Behalf of QualiCare, Inc. v. Mark A. Patzkowski, and individual, and Patzkowski & Associates, P.C., a suspended Oklahoma Professional Corporation. Suit states Patzkowski received $108,631.76 from QualiCare, Inc. in 1996 alone. The suit seeks a total amount in excess of $2,907,225.00.
“3. In or about April 1996, Defendants, Mark A. Patzkowski, and Patzkowski & Associates, P.C., entered into a written contract to provide legal representation to QualiCare.”
“4. The scope of representation of QualiCare included, but was not limited to, provision of legal assistance and advice regarding Medicare rules, regulations and procedures and related issues of conflicts of interest, criminal and civil liability of related party transactions, and requirements relating to the filing of Medicare cost reimbursement reports.”
“6. Defendant’s negligently and in breach of their contract provided incorrect, improper and/or imprudent legal advice to QualiCare and its officers and directors regarding matters within the scope of representation as discussed above.”
“7. Defendant’s negligently and in breach of their contract failed to provide appropriate legal advice to QualiCare and its officers and directors regarding matters within the scope of representation as discussed above.”
“17. In June and August of 1999, Federal criminal charges were brought against former offers of QualiCare for their alleged fraud and conspiracy in signing cost reports – prepared by and under the advice of Defendants – which failed to disclose the related party transactions between QualiCare and another entity.”
10/2000 – ““Status is two lawsuits remaining. One v. Palmetta(sic), HICFA ET AL. Status is holding at this point, FBI seems to have intimidated HCBS from further assisting trustee, and even though required by the contract approved by the court. HCBS personal(sic) have been threatened with grand jury indictement(sic). FBI claims they hacked into government main frame computer and altered thousands of individual patient billings of $45 - $65 each to arrive at the $1.7 MM which estate claims is owed for unreimbursed visits. Seems improbable that an individual would be able to identify several thousand specific Oklahoma patiens(sic)out of hundreds or millions of patient records, and to individual(sic) alter each one individually. More than likely meant to intimidate estates experts from completing case versus Palmetto/HICFA for money owed estate. Second case is versus prior attorney for company for malpractice.”
-Document 445, pg 6
-Document 415, pg 6
10/04/2000 – SA Timothy Klotz perjures himself repeatedly during Kluding’s sentencing under cross examination by Mr. Lankford, including:
Mr. Lankford: “Are you familiar with the bankruptcy proceedings in the Western District of Oklahoma bankruptcy court involving QualiCare and its Trustee in Bankruptcy?”
Timothy Klotz:”I –I do know that that is going on, but I know nothing about that.”
-Reporter’s Transcript of Proceedings Had on October 4, 2000 Sentencing Before The Honorable Ralph G. Thompson, Judge Presiding. Pgs 858-859
After Klotz’s testimony, Mr. Lankford addresses the court:
“MR. LANKFORD: Your Honor, I would like to make an objection for the record as to that document and to the testimony of Agent Klotz. The defendant would take the position and ask the Court to disregard the testimony of Agent Klotz because of the lack of foundation and qualification of the witness to offer such testimony, and would object to the document for the same reason.”
“THE COURT: All right. The objection will be overruled, and that document can either be marked as a Plaintiff’s or Government’s Exhibit Number 1, or even the Court’s Exhibit Number 1. In the first place, to deal with the objection, the agent’s testimony is perfectly credible and qualified, and, for the purposes of sentencing, based on permissible and, indeed, routine sources of information in determining matters of this kind.”
- Sentencing Transcript, pgs. 858-859
- Sentencing Transcript, pg 870
No mention of FBI, US Atty’s office, etc. after Kluding is sentenced. All interest simply disappears.
12/12/2002 – Case settles with Patzkowski’s malpractice insurance paying estate $120,000.
07/13/2012 – USA v. Klotz Case 5:12-cr-00160-M Factual Resume
– “3. From on or about October 17, 2007, through on or about December 16, 2011, in the Western District of Oklahoma, Timothy Klotz engaged in a scheme and artifice to embezzle and convert a total of $43,190 from the CHS fund by submitting 66 false CHS payment receipts in which he forged the signature of at least one of seven special agents of either the FBI or the Air Force Office of Special Investigations.”
- Factual Resume Document 10, pg 2
12/18/2012 – Klotz sentenced in case.
01/11/2013 – Email exchange from Chris Eulberg (OBA#2768).
-"The things you have discovered could be invaluable. Be very careful how you handle them. I know it is exciting but spreading the word too early, i.e. facebook, etc could take the wind out of your sails. Handle with care!"
01/18/2013 – Lyle Nelson confirms and recalls being harassed and threatened by Klotz and others. Phone conversation was recorded and transcribed. Recorded in Joe Lankford’s office.
02/07/2013 – John Mashburn confirms and recalls harassment and threats. Phone conversation was recorded and transcribed. Recorded in Joe Lankford’s office.
02/12/2013 – Assistant US Attorney, Vicki Behenna (OBA#10734), assigned case.
-Email: Chris Kluding to Chris Eulberg (OBA#2768)
03/18/2013 – Chris Eulberg (OBA#2768) delivers many of the newly discovered documents to Ms. Behenna at her office.
-Email from Chris Eulberg (OBA#2768)
08/15 & 16/2013 – Status update
-Email exchange between Chris Kluding and Mr. Lankford
12/10 & 11/2013 – Status update
-Email exchange between Chris Kluding and Mr. Lankford
Late 2013 – Vicki Behenna (OBA#10734) leaves the US Atty’s office
07/15/2020 – Email to Vicki Behenna (OBA#10734)
12/16/2020 – Spoke with Lyle Nelson. He has not been contacted regarding this matter.
12/16/2020 – Spoke with Jim Roth (OBA#16535), Dean of OCU’s law school. Mr. Roth agrees to forward 07/15/2020
- email to Ms. Behenna.
12/16/2020 – Email exchanges between Chris Kluding, Jim Roth (OBA#16535) and Vicki Behenna (OBA#10734)
12/26/2020 – Open letter to President Joseph R. Biden