Pardon

Chris Kluding

Dear President Trump,

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.

Respectfully Submitted,

Chris Kluding
Shawnee, OK

US Trustee/FBI Interactions
Timeline

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

See Document


04/02/1998 - Notice of Appearance, Christopher Kluding
-Document 71
***Court rules require Christopher S. Kluding now be noticed along with others that have entered appearance.

See Document


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)

See Document

See Document


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)

See Document


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)***

See Document


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

See Document


09/09/1998 – “…problem of documents, FBI took, proving case, estate accounts(sic) going to quit because of veiled threats.”
-Document 437, pg 9

See Document


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

See Document


01/25/1999 – “…go back over records wrecked by FBI for Palmetto suit”
-Document 437, pg 12

See Document


01/28/1999 – “I believe FBI and/or Palmetto “lost” doc; I need them”
-Document 437, pg 12

See Document


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

See Document


03/17/1999 – Nelson hires outside counsel – John Mashburn(OBA#12763)
-Document 88

See Document


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

See Document


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)***

See Document


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

See Document


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)***

See Document


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

See Document


12/1999– “Conferences with Chris Kluding attorney re: his trial”
-Document 445, pg 6

See Document


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

See Document


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

See Document


02/2000 – “HCBS receives target letter from grand jury”
-Document 445, pg 6

See Document


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***

See Document


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)***

See Document

See Document


02/23/2000 – Chris Kluding found guilty on two charges, acquitted on one.
-Count One
-Count Two
-Count Three

See Document


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.***

See Document


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

See DocumentSee Document


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.”
-Petition

See Document


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

See DocumentSee Document


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.

See DocumentSee Document


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

See Document


12/18/2012 – Klotz sentenced in case.
-Document 22

See Document


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!"

See Document


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.
-Transcript
-Voice Recording


02/07/2013 – John Mashburn confirms and recalls harassment and threats. Phone conversation was recorded and transcribed. Recorded in Joe Lankford’s office.
-Transcript
-Voice Recording


02/12/2013 – Assistant US Attorney, Vicki Behenna (OBA#10734), assigned case.
-Email: Chris Kluding to Chris Eulberg (OBA#2768)

See Document


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)

See Document


08/15 & 16/2013 – Status update
-Email exchange between Chris Kluding and Mr. Lankford

See Document


12/10 & 11/2013 – Status update
-Email exchange between Chris Kluding and Mr. Lankford

See Document


Late 2013 – Vicki Behenna (OBA#10734) leaves the US Atty’s office


10/08/2015 – Vicki Behenna (OBA#10734) named Executive Director of the Oklahoma Innocence Project.
-Bartlesville Examiner-Enterprise Article

See Article


07/15/2020 – Email to Vicki Behenna (OBA#10734)

See Document


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)

See Document


12/26/2020 – Open letter to President Donald J. Trump


– Doc 1

See Document


– Doc 79

See Document


– Doc 80

See Document


– Doc 95

See Document


– Doc 102

See Document


– Doc 422

See Document


– Doc 437

See Document


– Doc 445

See Document


– James Hearing 2-15-2000

See Document


– Sentencing Transcript 10-4-2000

See Document