February 25, 2002
Civil Rights Division
U.S. Department of Justice
950 Pennsylvania Ave., NW
Washington, D.C. 20530
Criminal Complaint against Ron Welton, Controller (chief accounting officer) at Squaw Valley Ski Corporation (SVSC)
Squaw Valley Ski Corporation
P.O. Box 2007
Olympic Valley, CA 96146
(530) 583-6985
I, Jason Hommel, by sending this letter to the U.S. Department of Justice, hereby file this criminal complaint and testify that Ron Welton, an employee of Squaw Valley Ski Corporation, violated 42 USC Sec. 408 & 18 USC Sec 242 quoted below:
42 USC Sec. 408 provides that: Whoever... (8) discloses uses or compels the disclosure of the Social Security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.
18 USC Sec 242 and 42 USC Sec 1983 provides that: Whoever, under color of any law, statute, ordinance, regulation or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States,... shall be fined under this title or imprisoned not more than one year, or both; 42 USC Sec 1983 further provides that a violator shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
These are Federal Laws, and the U.S. Attorney and the U.S. Department of Justice has the authority to prosecute violations of these laws.
To compel and force me to provide a Social Security Number (SSN), Ron Welton terminated me after three days of employment, and refused to pay me wages for the days I worked. Ron Welton also threatened the head of human resources at SVSC, Jim Brady. Jim Brady told me he spoke with Ron Welton, his boss, who decided the matter of my employment. Jim Brady said that if he wanted to keep his job, he would have to do what Ron Welton said. Ron Welton actually followed through with his threat against me.
Employers have a legal duty to request, or ask for, SSNs from all of their employees; however, it is a violation of law to compel, or demand, such a number. There is a difference between asking and compelling. Asking for a SSN carries no consequences for non-compliance. Compelling a SSN means that a threat is made, or includes saying that a negative consequence will be the result if the request is not complied with. In my case, a threat was both made and acted upon, which was firing me and denying me employment. Therefore Ron Welton went beyond his legal duty to ask me for SSN, and, in violation of the laws of the United States, by denying me employment, he is continuing to compel a SSN from me.
The criminal violation by Ron Welton, with regards to 18 USC Sec 242 and 42 USC Sec 1983, is also in violation of the following laws of the United States:
1. Demanding a SSN is a violation of the Immigration and Nationality Act of 1990 which says an employer cannot specify which documents are acceptable for the I-9 form. Additionally, one of the requirements of that Act is that employers may not discriminate against employees by requesting more or different documents than are required. I provided a California birth certificate and Colorado driver’s license to prove that I was not an immigrant and that I am eligible to work in the United States, and those documents satisfy the I-9 requirements. But SVSC chose to ignore those documents of mine for the purposes of the I-9 form, and it was demanded by SVSC that I provide an additional and specific document, the Social Security card and number. When I did not, I was discriminated against. The laws forbidding SVSC’s behavior in this manner are even stated plainly on the I-9 form, and were ignored, even after I pointed it out to people in the Human Resources department at SVSC.
2. Demanding a SSN for a W-4 form and saying the W-4 form is a mandatory condition of employment (which SVSC did), is a violation the laws regarding W-4 Forms. These laws say that the withholding agreement is voluntary; and that the agreement can be terminated at any time by either the employee or employer. Since Ron Welton required the W-4 form as a mandatory condition of employment, this was a violation and misapplication and denial of the laws regarding W-4 forms which say the agreement is voluntary and can be terminated at any time by either party:
26 CFR Sec 31.3402 (p)-1 Voluntary withholding agreements (2) An agreement under section 3402 (p) shall be effective for such period as the employer and employee mutually agree upon. However, either the employer or the employee may terminate the agreement prior to the end of such period by furnishing a signed written notice to the other.
By attempting to coerce me into signing the W-4 form, Ron Welton would have actually negated its validity, since it is a tenant of law that contracts are null and void when signed under threat, or force, or duress. Therefore, the policy at Squaw Valley to force all of their employees to sign a W-4 form as a mandatory condition for employment, actually makes each contract that every employee signed null and void. Therefore, their misapplication of the law is an assault on the integrity of the income tax system of the United States by invalidating the contracts upon which it is based. The lawmakers know that all contracts must be voluntary in order to be valid, which is why the laws regarding the W-4 agreement specify that the W-4 withholding agreement is voluntary.
These laws were ignored when I pointed them out in certified letters sent to Ron Welton and others at SVSC.
3. Demanding a SSN as a condition for employment is a violation of the 14th Amendment. Many sincere thinkers, most notably Alan Keyes, Republican candidate for president in 1996, and host of the new MSNBC show “Alan Keyes is Making Sense”, believe that participation in Social Security is like slavery. Denying someone employment on the basis of his or her refusal to submit to participation in the Social Security system is a violation of constitutional right to freedom from slavery, (14th Amendment).
4. Demanding a SSN as a condition for employment is a violation of religious freedom (1st Amendment). Refusal to make a reasonable accommodation for the religious beliefs of employees is also a violation of Title VII of the Civil Rights Acts of 1964.
5. Furthermore, it is a violation of one or more of the following laws: 4 CFR 83.9; 5 USC Sec 552a; 7 CFR 1.123; 7 USC Sec. 2204g; 14CFR 1212.604; 17 CFR 249.501a; 19 CFR 118.11; 19 CFR 122.25; 19 CFR 24.5; 24 CFR 5.212; 28 CFR 16.53; 28 CFR 513.31; 28 CFR 700.25; 29 CFR 70a.10; 29 CFR 71.12; 31 CFR 501.806; 32 CFR 270.19; 32 CFR 310.20; 32 CFR 311.5; 32 CFR 316.6; 32 CFR 317.20; 23 CFR 323.5; 32 CFR 505.2; 32 CFR 701.108; 32 CFR 806b.9; 38 CFR 1.575; 38 CFR 3.216; 38 USC Sec. 5101; 39 CFR 266.4; 45 CFR Part 801; 47 CFR 0.554; 49 CFR 10.29.
Although this case involves employment discrimination, is not limited strictly to EEOC involvement and jurisdiction, since criminal statutes were violated, in contrast to the majority of EEOC cases which only involve civil actions unrelated to the laws cited above. Furthermore, the EEOC has no jurisdiction to prosecute criminal violations of 18 USC Sec 242 and 42 USC Sec 1983.
I testify and can prove that Ron Welton is guilty of willfully and knowingly violating 18 USC Sec 242 and 42 USC Sec 1983. On Tuesday, Dec. 18th, I spoke with Ron Welton on the phone and read these two federal laws to him. Next, I sent him several letters by certified mail, also listing the two laws referenced in this paragraph and at the start of this letter. Afterwards, in further phone conversations, Ron Welton showed a flagrant disregard for federal law by laughing at these laws and encouraging me to sue and file criminal charges against him. I mentioned Ron Welton’s willful disregard of the law in a certified letter sent on Jan 7th, 2002, to the General Manager at SVSC, Hans Burkhart. Mr. Burkhart replied in a letter (copy enclosed) and acknowledged the content of my letter, and said that Ron Welton has authority within the SVSC to “apply Ski Corp policies within legal parameters.” This goes to show that Ron Welton’s boss, the General Manager, says that Ron Welton has authority over SVSC policy in this matter, and that Ron Welton has responsibility for knowing the law and how to apply it, which goes to show Ron Welton’s willfulness.
Among Ron Welton’s excuses for his conduct included statements that it was both the policy of SVSC, and that it “was the law”. Saying “it is the law” is what is termed “under color of law” in 18 USC Sec 242 and 42 USC Sec 1983. Attempting to intimidate somebody into doing something by telling him or her that it is the law, when it is not the law, is a felony.
Ron Welton also said that it was an Employment Development Department (EDD) requirement of the State of California that he only employ people with SSNs. I contacted the EDD myself, and found this to not be true. I have written confirmation, dated Jan. 11th, 2002, from the EDD Audit Section Chief, Field Audit and Compliance Division, Tax Branch, Marty Kashevaroff, in response to my questions that 1. The EDD would not penalize an employer for hiring a person without a SSN, and that 2. The EDD does not set the hiring practices of private businesses and does not mandate that employers only hire people with SSNs. After I showed Ron Welton the EDD’s response on Feb 14th, 2002, (copy enclosed), he still refused to hire me, further showing Ron Welton’s willful and deliberate disregard for the law.
This case and the above claims can be easily investigated and easily proved, since so many people were involved who can be questioned, and since I sent letters (certified return receipt requested) to the staff at SVSC. Three ski coaches on staff at SVSC were all disappointed that I was terminated, and have wished me success in this situation; therefore, I am sure they would cooperate in any investigation. The following people at SVSC were involved, notified by letters, and are aware of this matter: Alec Cushing, Founder and Chairman; Nancy Wendt, President; Hans A. Burkhart, General Manager; Ron Welton, Controller; Jim Brady, Head of Human Resources; Gary Pedersen, Race Services; Sid Crocket, Race Department; Chris Rawson, Race Department.
Enclosed you will also find my diary of events relating to getting hired at SVSC, copies of the letters I sent to SVSC regarding this matter, copies of their replies to my letters, and copies of EDD correspondence. These supporting documents can also be found online at http://www.linkjesus.com/squaw.htm
I await your prompt written reply regarding the status of my criminal
complaint.
Sincerely,
Jason Hommel
cc:
Daria Dimitroff, Esq
Siegel & LeWitter
1939 Harrison Street, Suite 307
Oakland, CA 94612
EEOC, San Francisco District Office
901 Market Street, Suite 500
San Francisco, CA 94103
Also published to: http://www.linkjesus.com/squaw.htm