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Fight Back! Public Corruption

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The Costs of Public Corruption – And The Need for the Public to Fight Back
 
As part of our normal function as forensic scientists, we perform regulatory audits.  While doing so, we discovered that Ms. Coleen Brisnehan with the Colorado Department of Public Health and Environment, along with Deanne Kelly and Lisa Oliveto (Tri-County Health Department) and Michael Richen (Boulder County Health Department) were falsifying and/or helping fraudulent consultants falsify real estate compliance reports on hundreds of methamphetamine contaminated properties across Colorado.  These individuals were helping fraudulent consultants file false reports claiming that meth-lab properties were being cleaned and assessed according to mandatory State regulations, when in fact, no such cleaning or assessments were occurring.

Through our work, we discovered that with the help of Ms. Brisnehan, and the health departments of Boulder County, Jefferson County and the TriCounty Health Departments, hundreds of contaminated properties in Colorado were falsely being identified as "clean." and the representatives of these Health Department were assisting untrained consultant prepare fraudulent assessment documents.  FACTs has documented tens of thousands of regulatory violations in hundreds of Colorado address here: Colorado Methlab addresses .

In an effort to cover-up the issue, in 2015, the Ms. Brisnehan and the CDPHE attempted to silence FACTs by issuing a bogus  "notice of violations" falsely claiming that FACTs had violated State regulations.   The State attempted to levy a huge fine against FACTs.  Originally, the CDPHE refused to identify the alleged violations, claiming they were not required to identify the violations specifically, but could levy fines regardless.   

As part of their demands, the CDPHE stated they would drop the allegations against FACTs if we permanently closed our doors for business, and our Senior Industrial Hygienist never practiced Industrial Hygiene again anywhere in the US and he would have to agree to leave every professional organization to which he belonged, and promise to never participate in any such organizations again.  FACTs rejected the deal and filed suit against the State of Colorado.

As part of our suit, the CDPHE was forced to identify the alleged violations.  They made up 250 alleged violations so quickly, they didn't bother to check to see if there were actual regulatory obligations for some of the allegations (there weren't) and some of their allegations were patently absurd on the face.  Faced with the embarrassment of the absurdity of the majority of their allegations, the CDPHE quickly reversed itself and immediately revised their list of alleged violations. 

The CDPHE fought desperately to keep the issue out of court claiming they had impenetrable governmental immunity.  Eventually, after a long series of battles, they lost their argument, and the courts cleared the way for FACTs to obtain depositions, and force discovery and require a trial.   After a long and arduous legal struggle, in 2018, we finally were able to take the issue to trial.

During the trial, Ms. Brisnehan (State of Colorado) and Ms. Deanne Kelly (TriCounty Health) were both caught lying on the stand under oath and attempting to introduce other falsified documents as evidence.   The State's false allegations crumbled around them as they desperately  struggled to maintain a pretense of respectability and credibility. 

In 2019, the trial court rejected all of the CDPHE's claims against FACTs.  The trial judge ruled that the CDPHE and Ms. Brisnehan and her office had abused its authority and the courts slammed Ms. Brisnehan as being duplicitous and unqualified to be passing judgment on regulatory interpretation and the professional services of FACTs.  In fact, in the 40 page ruling, the courts heavily criticized Ms. Brisnehan but on 14 occasions in the ruling commended FACTs and Mr. Connell for integrity and technical competency.  The CDPHE and lies of Ms. Brisnehan were exposed.

The CDPHE, realizing the ruling could lead to a massive class-action law suit against Ms. Brisnehan from the hundreds (and growing) of families who have moved into contaminated houses,  immediately appealed the trial decision to their internal legal team.  That internal appeal was rejected.

The CDPHE then filed an appeal in Colorado District Court who in August of 2021 again harshly slammed the CDPHE and called the actions of Ms. Brisnehan's and the CDPHE "capricious and arbitrary."  The courts resoundingly rejected the CDPHE appeal.  Both court rulings ordered the State to reinstate the licenses of FACTs and Mr. Connell.  The CDPHE remains in contempt of court and refuses to comply.

On August 29, 2021, we have learned that although we keep winning battles, the CDPHE continues the war, and they have now filed yet another desperate appeal to squash the devastating ruling by the courts and attempt to drag out a costly legal battle.  

At this point none of us know if the Supreme Court or the Appellate Court will hear the case.  We should know early 2022 which court will hear the case.  We believe we may then have (another) decision within about 18 months.  

In the meantime, Ms. Brisnehan and the CDPHE are in contempt of court, and none of the thousands of regulatory violations incurred by fraudulent consultants are being addressed, and hundreds of Colorado Homes have now been impacted with falsified assessment reports.  

For the last 15 years, hundreds of Colorado families have moved into contaminated properties either unaware that they are meth-labs, or under the false assumption the properties were cleaned.  If you are a citizen of Colorado, we are conducting this battle on your behalf.  If you can donate even the smallest amount to help us cover legals fees in the continuing fight for the Citizens of Colorado, and the health of Colorado families


We are asking for financial support to help ensure the corruption ends, and the individuals responsible for their criminal behavior are made to account for their actions.

Thank you!
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Donations 

  • Stirling West
    • $50 
    • 6 yrs
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Organizer

Caoimhín P. Connell
Organizer
Glenelk, CO

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