Dan R. Hyatt, this years winner of the "HOISTED BY HIS OWN PETARD" AWARD
 


 

Daniel A. Bernath
Attorney at Law

Member United States Supreme Court Bar. Member California Bar

13500 SW 99W #202
Tigard, Oregon 97223
(503) 639 6666
ussyorktown@comcast.net

Sunday, March 16, 2008

Oregon State Bar

Federal Bureau of Investigation

Tigard Oregon Police Department

Vancouver State of Washington Police Department

Social Security Office of General Counsel

Hearing Office Director Portland Oregon

Regional Chief Judge Region X

Office for Civil Rights HIPAA Violation by Social Security employee
U.S. Department of Health & Human Services
2201 Sixth Avenue - Mail Stop RX-11
Seattle, WA 98121

Margie Boule
The Oregonian

 

Re: Probable cause to investigate Administrative Law Judge Dan R. Hyatt’s (Oregon Bar Member: 782524) possible involvement in transport of stolen federal property across state lines and breach and broadcast of citizen’s Social Security number and other confidential and private information

Dear Disciplinary Counsel:

This complaint is regarding Dan R. Hyatt, Oregon State Bar, Active member 782524. This complaint is written to you not in Dan R. Hyatt’s role as an administrative law judge (hereinafter Dan R. Hyatt) but because of his “Active” membership in the Oregon Bar.

To maintain has employment as an Dan R. Hyatt he must be in good standing with one of the 50 states bar association. Therefore, Social Security views him as an attorney at law and he must maintain his law license with the Oregon State Bar by complying with its Rules of Professional Conduct. If Dan R. Hyatt is suspended or disbarred by the Oregon State Bar and is a member of no other bar, he would thus be disqualified to be an administrative law judge. Therefore, the Social Security Administration looks to the Oregon State Bar to enforce its rules against Oregon State Bar member Dan R. Hyatt .

In his job description an Dan R. Hyatt represents the rights of the claimant and of the United States. It is a hybrid job of disability determination and Oregon attorney at law. He is empowered to enter into negotiation with the attorney for claimant to resolve a claim and to protect the rights of claimant by preparing a complete record, etc.

On March 4, 2008, you kindly sent me the 2007 Oregon State Bar Rules of Profession conduct, reflecting Amendments thru December 1, 2006. I will quote a few relevant sections:

RULE 1.6 CONFIDENTIALITY OF INFORMATION

(a) A lawyer shall not reveal information relating to

the representation of a client unless the client gives

informed consent…

Rule 8.4 Misconduct

(a) It is professional misconduct for a lawyer to:

(2) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects;

(3) engage in conduct involving dishonesty, fraud, deceit or misrepresentation that reflects adversely on the lawyer’s fitness to practice law

(4) engage in conduct that is prejudicial to the administration of justice

Here, there is probable cause to believe that Oregon attorney Dan R. Hyatt sent across state lines, using the United States Postal Service, stolen federal property to the Oregon State Bar. The stolen Compact Disk of confidential claimant Social Security information and all-important Social Security number (hereinafter CD), envelope for CD, Xerox of papers, envelope for all of these items and postage were all the property of the United States government appear to have sent by Dan R. Hyatt from my analysis and thus I make this information available to you for your investigation.

 

 

(Update, Oregon State Bar reveals that stole US Government property was supplied to them by Dan R. Hyatt  click picture to read the letter;

 

According to the Oregon State Bar these items arrived at their mail intake in Tigard Oregon and there was no cover letter, no complaint and no identification as to who sent it. Therefore, the person who sent it had a consciousness of guilt and knew that he was breaking State of Washington criminal law, identity theft laws and State of Oregon, United States Code, Social Security regulation and HIPAA privacy rights regulations.  (Oregon State Bar investigator speaks with forked tongue; she got it from Hyatt and knew it but it arrived without any letter with it-please explain Oregon State Bar investigator Linn Davis)

 

Chief Administrative Law Judge of the United States, scolds Oregon State Bar for receiving and hanging onto stolen social security number from ALJ Dan Hyatt
Private Social Security number revealed by ALJ Dan Hyatt to the public "property of Social Security" and its ended up at Oregon Bar violates the law
click letter to make larger

 

There is Probable cause to believe
that Oregon State Bar member
Dan R. Hyatt violated various state and federal laws

A hearing was held for Social Security claimant Barry Moody in Vancouver Washington on or about February 21, 2007. In that hearing, Oregon State Bar member Dan R. Hyatt made several false statements regarding myself, attorney for claimant. He then stated that he was going to postpone the hearing so that he could decide if he was too biased against Daniel Bernath to conduct a hearing where Bernath was the attorney.

Thereafter, Dan R. Hyatt made several false accusations regarding Bernath’s advertising (which has been reviewed and approved by the Social Security Office of Trial Counsel and is in full compliance with all laws and regulation.) Dan R. Hyatt correctly then determined that he was too biased against Daniel Bernath to hold a hearing with Daniel Bernath as counsel for claimant.

In that time period, the file was in the possession of Dan R. Hyatt . Thereafter, the independent contractor hearing recorder took the CD from her computer and immediately placed it into a brown envelope which contains information regarding the hearing parties, the date, the location and the Social Security number of claimant. She then handed it to Dan R. Hyatt . Thereafter, Dan R. Hyatt had possession and/or control over this CD. Whether he asked the hearing reporter or some other federal employee, or whether he went to his home in Washington State to make a copy of the hearing personally is something that can be determined with your questioning of Dan R. Hyatt .

On January 14, 2008, Daniel Bernath met with Dan R. Hyatt for 14 minutes at a conference room at the Social Security Office at 601 SW 2nd, 17th Floor, Portland Oregon. During the conference Dan R. Hyatt informed Bernath, that even though he was a member of the California Bar and not the Oregon Bar that, “you’ll be hearing from the Oregon Bar again real soon” or words to that effect.

Thereafter on February 14, 2008 Daniel Bernath received a letter from the Oregon State Bar with a copy of the stolen United States government property and the all-important Social Security number, written repeatedly on the CD-s for anyone to see at the Oregon State Bar.

There is probable cause therefore to investigate Dan R. Hyatt for either sending this stolen property to the Oregon State Bar or having some participation in these many wrongful acts.

Respectfully,

Daniel A. Bernath

Daniel A. Bernath

Attorney at Law

FOOTNOTES:

# For a true Title II judge or judge of the State of California, membership in the State Bar is incompatible with the judicial duties and judges in California and Constitutionally created federal judges are NOT members of the local state bar associations. Unlike an ALJ, these judges do not have hybrid duties.

# “I am not in possession of a waiver from a Washington resident …. There is no complaint letter, the disc was delivered to our office without a letter.” Oregon State Bar February 20, 2008

# State v. Nichols, 5 Wn. App. 657, 660, 491 P.2d 677 (1971), State v. Barone I, 328 Or at 92 (evidence leading to reasonable inference of the defendant's consciousness of guilt relevant)

 

 

# Bernath was a legal assistant/clerk to Dan R. Hyatt although inexplicable, Dan R. Hyatt continues to deny this. Furthermore Dan R. Hyatt was a mentor of Daniel Bernath, counseling him on how he could become an administrative law judge (ALJ) himself, giving him a phone number to call to get news on upcoming selections and telling him of the ALJ exam and praising Bernath’s experience as a judge in California saying, “they’ll eat that up!” Bernath and Dan R. Hyatt were also in the US Navy together at the same time and at South Vietnam and used to reminisce about their Navy and war experiences.

 

# The breach of security, apparently by Dan R. Hyatt is indeed breathtaking. The State of Washington has recently passed laws regarding identify theft. Identity theft occurs when a Social Security number is stolen and an illegal alien or others take the number of the true holder and begin using it as their own. At best, the victim is faced with repairing his credit as the thief makes thousands of dollars of purchases. But in this case it is even more egregious. Here, the victim is a Social Security recipient on Disability. He cannot work and thus is getting Social Security benefits. If his Social Security number is stolen by an illegal alien so that the alien can pretend to be an citizen and thus obtains a job in the US, then the victim Barry Moody will be taken off Social Security disability. It is a life or death violation as many people on Social Security Disability benefits would lose their homes and ability to feed themselves if their Social Security number is stolen. The people at the Oregon State Bar are not briefed on how to handle such an important document. The receptionist or the people in the mailroom who opens, the cleaning staff, attorneys and others who just walk into and out of the OSB office are all people who could potentially see this information SS number, steal it and sell it.

 

Dan R.Hyatt
is a member of the Oregon Bar. 
He must be a member of the bar to be eligible to be an administrative law judge. 
He currently is employed by the Social Security Administration as an administrative law judge out of the Portland Oregon ODAR.

Official Documents--Dan Hyatt takes "government property, has a problem with interracial couples", exposes secret social security numbers to strangers of claimants, calls an attorney "an asshole", calls another attorney "a moron", Dan Hyatt is a "bald faced liar", misrepresents that he is a US District Court judge, uses intimidation, anger and verbal abuse against helpless Social Security disabled claimants, threatens disabled US veteran with assault, say privileged documents.


The following are complaints to the Oregon State Bar
or other privileged documents: