Copyright 2000 eMediaMillWorks, Inc.
(f/k/a Federal
Document Clearing House, Inc.)
Federal Document Clearing House
Congressional Testimony
July 25, 2000, Tuesday
SECTION: CAPITOL HILL HEARING TESTIMONY
LENGTH: 3027 words
COMMITTEE:
HOUSE COMMERCE
SUBCOMMITTEE:
TELECOMMUNICATIONS, TRADE AND CONSUMER PROTECTION
HEADLINE: TESTIMONY HIGH DEFINITION-TELEVISION
TESTIMONY-BY: DOROTHY MANN , BOARD MEMBER
AFFILIATION: AIDS ALLIANCE FOR CHILDREN, YOUTH AND
FAMILIES
BODY:
July 11, 2000 Prepared Statement of
Mr. Jose F. Colon Coordinator Pacientes de SIDA Pro Politica Sana Panel 2,
Witness 7 SYNOPSIS 1.Introduction. 2.Our goals. 3.The San Juan AIDS Institute
scandal. 4.The disfunctionality of federal authorities, (HRSA), during the
fraud. 5.No answers to our cry for help. 6.Vieques and HIV/AIDS. 7. Tools. 8.The
real dilemma. 9.What we support: accountability on HIV/AIDS Federal Funds Dear
Sirs, and Madams: "Saludos" to all committee members. The word "saludos"
translates to greetings, but it also is related to the word "salud", which means
health. My name is Jos6 Fernando Col6n and I live in San Juan, capital of the
Commonwealth of Puerto Rico, co-founder of the organization "Pacientes de SIDA
pro Politica Sana". I live with HIV. I am here today hopeful of receiving
bipartisan support, within the scope of your power as legislators and policy
makers, on the serious repercussions over the lives of AIDS patients that the
criminal embezzlement and fraudulent use of federal funds earmarked for services
not rendered, has had over those affected by HIV/AIDS in Puerto Rico and in the
continental US as well. I can mention cases in Orlando, Dallas and Los Angeles.
Since March 11, 1999, "Pacientes de SIDA pro Politica Sana, Inc.", (Aids
Patients for Sane Policies), has been working as an HIV/AIDS patients
organization in reaction to the fraud committed at the San Juan AIDS Institute
by its former directors and administrators. Our goal and first priority is to
empower HIV/AIDS patients, loved ones and/or significant others to make sure
that the information revealed during the federal judicial proceedings in the
case USA vs. Kouri, Sotomayor, Borel, and also USA vs. Luis E. Dub6n and Jorge
Garib, (Case # 97-091, JAF), should serve as an international soundboard so that
something similar is never repeated. $ 2.2 millions were embezzled for personal
and political use, as was reflected by the plea of guilt of five of the accused
and the convictions of Kouri, Sotomayor, Borel, Dub6n and Garib. Most of these
persons were prominent lawyers, accountants, and sad to say, doctors. Revealed
during the testimony of the case horrifying facts such as box full of over
$100,000.00 in cash was delivered to a former vice-president of the House of
Representatives to finance a political campaign. Credit cards with per year
expenditures of approximately $19,000 in one credit card and more than $20,000
in another for restaurants and happy occasions were used by the administrator of
the Institute and a so called doctor who masterminded the whole fraud. Money
intended to patients has been used to pay for maids, luxury cars, cocktail
parties, trips, thrills and a $47,000.00 press conference. What were they giving
out Mount Blanc, Cartier or Tiffany pens? A van, destined to carry AIDS patients
to and from medical facilities, was painted over and used in a political
campaign. I personally know a grandfather, who joined us in our demonstrations,
that not only lost his daughter but his granddaughter while all of this was
happening. I also know a grandmother that went though the same loss. She cries
every time she calls me and repeats over and over again that nobody helped them.
One day I was with my partner Aramis, who passed away nine years ago. I remember
a day when at the hospital, (a bill that cost $53,000.00, which we were able to
pay only because of beneficence), Dr. Jorge Garib, an infectologist, opened the
curtain in the room, asked my partners name, and when he said it was he, he
simply told him, cold as ice: "do you know that you have a pneumonia that
kills?". His mother, and I looked at each other perplexed and saw the pain and
outrage in my partner's face. Aramis could have had more years of quality of
life. These years were denied to him. Today, in this precise moment that
infectologist is being sentenced in a courtroom in San Juan. He was part of the
party. I have waited nine long years for this day, and I am thrilled to be able
to be here to let you know. But it is sad to say that it was through a Puerto
Rican woman's accusation that all of this justice has been done. Where were the
authorities?, What were they doing? How much suffering would have been spared if
audits and reports had been done by the federal authorities that disbursed the
funds? The case San Juan Aids Institute case was conducted at Hon. Judge Jos6 A.
Fust6's courtroom at the Federal Courthouse, District of Puerto Rico. The US
District Attorney's Office for Puerto Rico, directed by Hon. Guillermo Gill,
received full support from Hon. Janet Reno, US Attorney General, who stated that
the case should continue no matter who is implicated. Amongst those who accepted
guilt is former Senator and former head of the Health Commission of the Senate,
Dr. Edgardo Rosario Burgos. Top elected officials have been implicated in the
mishandling of the funds by various witnesses presented by the US Government,
one of which was even wired by the FBI to document the convict's statements to
this effect. Some of the politicians mentioned during the trial have been Mr.
H6ctor Luis Acevedo, former Mayor of San Juan, Jos6 Granados Navedo, a former
member and former vice-president of the House of Representatives, who had to
resign to his post due to the pressure created by the scandal, and finally Dr.
Pedro RosseI16, our current Governor. With me and as part of my written
testimony I have a copy of a letter written in 1993 to Secretary of Health Donna
Shallala by former Representative David Noriega asking her to investigate.
Noriega had to push an investigation in the House of Representatives because
Shallala's letter simply answered that they look into it. However no results or
actions were taken. In our quest for truth, we asked Mr. David Walker,
Comptroller General of the General Accounting Office, to conduct an audit so
that the public is reassured of the appropriate use of :funds. We also asked
Hon. Donna Shallala, Secretary of Health and Human Services, for an explanation
of why auditors did not detect this fraud before. Funds were disbursed for
various years, (1988- 1994), without the proper protocols and financial reports,
as testified by Mr. Lawrence R. Poole, an official from the Department of Health
and Human Services, and reported by the press: -- "there are no indications that
such reports were ever prepared". . I want to quote the words said to me in a
conference call with Mr. Douglas Morgan an official from HRSA, when I asked him
what had happened. He told me that "some mistakes had been committed", and when
I asked what mistakes and by whom, I only received silence as an answer. Why so
much silence from the people that are responsible of following up the
destination of funds and their proper use?. Since the ending of the second part
of the case we have encountered the fact that at least three more organizations
in Puerto Rico are being investigated by a Grand Jury. The Health Secretary of
the Commonwealth of Puerto Rico, Mrs. Carmen Feliciano, was called to stand no
more than three weeks ago in regards to the ongoing investigation of an
organization called "Oasis de Amor". Besides, PRConcra, an organization that
serves the gay community, and " Fundaci6n Ayddanos a Vivir", an organization
which closed, and used to give services to infants, are also being investigated.
All of this in the midst of a health reform that still has a lot of matters to
be polished, and raises questions about its implementation. Besides as you must
know we have a problem with the island municipality of Vieques were fifty one
HIV/AIDS patients have to live under a bombardment that for over sixty years has
destroyed the island's ecology and environment. This destruction has been so
strong that Vieques has one of the highest cancer rates in all Puerto Rico.
Imagine having AIDS there. We welcome all your efforts to guarantee the proper
tools for a sane accountability of federal funds, (Ryan White Funds, HR #4807),
provided for the treatment of HIV/AIDS. I thank Congressmen Coburn and Waxman
for including some accountability measures in the House of Representative's
version of the act. We support random federal audits of HIV/AIDS service
providers, increased patient participation in the planning process, particularly
those that who are real clients and not just employees of groups receiving Ryan
White funds. We also applaud increased training for new Ryan White Council
members, and sunshine laws guaranteeing planning meetings under public scrutiny.
We want to clearly state that in no way should these investigations jeopardize
the excellent work that other good faith organizations and their members have
done in the past in regards to patients' health care and services. Fund cutting
is not the issue here, our dilemma is the proper use and accountability of
funds. We are determined to follow the AIDS Institute case, and any other
similar cases, to its final consequence. We will work as watchdogs of HIV/AIDS
funds and services. Tools of accountability will help our effort. We believe
that some loose ends are still in the air and that all those that are guilty
should pay for their crimes, no matter how high their rank, position, political
affiliation was, or is. To do this we need your help. Because AIDS does not
discriminate by political affiliation we must insist in bipartisan action to
protect the lives of all. Not doing so will open the gates to the continuation
of the devastation, pain and sorrow caused by HIV/AIDS. I live everyday with the
virus. The person that represents my hope and joy does also. Nine years ago I
lost my companion Aramis, after seventeen years of companionship. I have lost my
brother Eddie and my cousin Michael, besides a number so high of friends that it
is difficult for me to count them. It is not easy for me to be here. My T-Cells
must be dropping by the second. But I have to do what I have to do to push for
remedies to the sad and grotesque reality that I, and many others, have lived.
The Ryan White Care Act is a light of hope for all of us.
United we must fight to stop and delete forever the disease of HIV/AIDS. We
claim to all those concerned to be as human as they can be in this effort, so
the impact of our message reaches the hearts and minds of thousands that still
ignorantly believe that HIV/AIDS has nothing to do with them.. We ask you to
pass this bill assuring us that there will be greater efforts towards
accountability of funds and human resources; and please, let us work together to
stop nepotism. HIV/AIDS should not be an industry. I pray for the day that many
people will have to look for other jobs because the fight against HIV/AIDS will
be over. Tragically some people do not see it this way. People must sacrifice to
fight this disease and stop receiving salaries so high that they have become
immoral. Only through giving from the heart we are going to win this battle.
Please listen to my voice. It represents the voice of many like me who cling
ferociously to life. Thank you very much for letting me speak.
LOAD-DATE: August 25, 2000, Friday
