Possession of substantial and frequently unchecked powers by Federal Agencies, combined with lack of accountability for their exercise, has led to abuses by those agencies. Tolerance of that abuse has led to diminished freedom for citizens, as well as a cynicism toward the federal government.

In order to protect citizens from Federal Agency abuse and to restore credibility to the federal government, we propose to make Federal Agencies subject to the same rules as ordinary citizens and accountable for their actions, just as private citizens are held accountable for their actions. The proposed "FAIR Governing Act" would ensure that Federal Agencies would be subject to the same rules as ordinary citizens, and that such agencies must base their actions on actual facts.

The FAIR Governing Act was initially Proposed to the Small Business Committee of the U. S. House of Representatives in April, 1995. We proposed what was then called the Truth in Government Act (now The FAIR Governing Act) because federal legislation often allows a Federal Agency to take unfounded action against a citizen, and then denies that citizen the right to present evidence in the course of resolving the dispute between the agency and the citizen. The FAIR Governing Act would require Federal Agencies to base their actions with respect to citizens on fact instead of mere allegation and innuendo, and would give citizens the right to introduce the facts into evidence in a judicial proceeding in the event the government does not base its actions on the truth. The current lack of a citizen's right to present evidence and obtain judicial review of Federal Agencies' actions is shocking, but is well documented in our Proposal to the Small Business Committee and The Franklin Story.

For a brief description of how the federal government can, on the basis of falsified information and without cause, seize hundreds of millions of dollars in assets from innocent citizens, negligently squander those assets, then sue the original owners for the losses created by the government itself, please read The Franklin Story.

UPDATE! The Franklin Story continues to unfold. This Update illustrates how the government can squander $6 Million litigating a case which should never have been filed.

Newsflash! In a landmark decision, United States vs. Winstar, the United States Supreme Court has reaffirmed that the government is accountable for the contracts which they breach. "When the United States 'comes down from its position of sovereignty, and enters the domain of commerce, it submits itself to the same laws that govern individuals there'." "Amen to that" said The Wall Street Journal in its July 3, 1996 lead editorial. That editorial went on to say that one of the most unjustly treated S & Ls "was Kansas-based Franklin Savings & Loan, a healthy thrift with assets of $11.4 Billion that the OTS seized for the sin of curtailing depositor risk with derivatives." You may review the Winstar Syllabus, Majority Opinion, Breyer Concurring Opinion, Scalia Concurring Opinion, and/or Dissent.

Regulatory abuse continues in other industries. The Federal Government, in a broad sweep, is investigating medicare billing practices at academic medical institutions nationwide in an attempt to apply new regulatory standards retroactively. Same Song, Next Verse

For Information about a grass-roots citizens' group fighting Federal Regulatory Abuse, visit the The Regulatory Watchdog.

The Kansas City Star's Jerry Heaster continues to champion fairness in government.

Please read our recent articles entitled "Government Backed Out on Deals in Savings and Loan Crisis" and "Tax Dollars Hard At Work", both of which were published in the Kansas City Business Journal. We have published other articles in the National Law Journal and the Kansas City Business Journal about regulatory abuse. Many other excellent articles about government excess have been published in The Wall Street Journal and other reputable publications.

If you agree that the government should be accountable for its actions, should deal honestly with its citizens and should be subject to the same rules that you are, please let your Congressional Representatives know.

If you would like to comment on our efforts or share examples of governmental fraud or abuse, please Post a Message! You may peruse messages left by others in our Forum.

This page is under construction by Ernest M. Fleischer, John Scowcroft and Anne Henry, with the assistance of Kurt A. Schoeb.