EXCLUSIVE: I’ve learned that whistleblower Craig Simmons has been telling federal authorities what he knows about the Screen Actors Guild Pension & Health Plan scandal. During October 2011, November 2011, and December 2011, he testified under oath during three sessions in Los Angeles with the FBI, IRS, Securities & Exchange Commission, Department Of Justice, and Department Of Labor
inside the Federal Building in Westwood. My information is that the authorities were taking copious notes while Simmons spoke. Insiders also tell me that federal investigations are now ongoing into not just one embezzlement and cover-up inside the SAG P&H Plan but also another fraud and cover-up there which makes two scandals altogether. I understand the FBI asked Simmons not to go public about the probes and he has not spoken publicly about his whistleblowing. [See Simmons' letter here to the SAG P&HP 36 Board Of Trustees, and Simmons' letter here to the Department Of Labor, which led to the federal probes.] So Deadline is the first to break this important news.
My understanding is that when Simmons went in to testify, the feds already had documents in their possession outlining what embezzlements and cover-ups may have taken place. However, I can also now confirm that federal investigators last week and this week arrived at SAG P&H Plan offices in Southern California and in Massachusetts and carried out several dozen boxes of paperwork to unmarked cars waiting outside. (Did Federal Officials “Raid” The SAG P&H Plan Offices?) New information reaching me is that this visit took place on Wednesday, March 7th, and not on Friday, March 9th, as I’d previously reported. And a few weeks earlier a man identifying himself as an investigator came into the offices at 4 PM with a copy machine on big dolly and spent 4 to 5 hours Xeroxing documents. And today New England SAG member James McIsaac wrote on Facebook from Massachusetts that “My local pres just confirmed the FBI picked up some papers at the P&HP office.” I’ve received more confirmations that the visits were in connection with official probes into the SAH P&HP wrongdoing.
In my opinion, it’s a day late and a dollar short for the SAG P&H Plan to come clean about exactly what is going on regarding any and all city, county, and/or federal investigations into allegations of embezzlements and cover-ups. (In fact I am in a possession of an internal SAG P&HP memo instructing staff to tell any callers about my article to say, “No, nothing happened on Friday” — because it took place that Wednesday. Talk about parsing!) Nothing worse than if that organizations is accused of trying to cover-up the cover-up of the fraud. And nothing worse than these probes intensifying during the membership vote on the pending SAG-AFTRA merger. Because no future plans for the two unions’ pension and health plans – not even whether they’ll be operated separately or combined — have been revealed or even formally studied by SAG and/or AFTRA leaderships. Present SAG Guild leadership likes to point out that the SAG P&H Plan is run separately from the union. But some of SAG Guild’s officers have been SAG P&HP trustees. For instance, at the time Simmons was fired, David White was President of the Board of Trustees of the SAG P&H Plans and the National Executive Director of the SAG Guild. Duncan Crabtree-Ireland is a Trustee of the SAG P&HP and the General Counsel of the SAG Guild. John McGuire is a Trustee of the SAG P&HP and the Senior Adviser of the SAG Guild.
Craig Simmons, of course, is the veteran SAG P&H Plan high-ranking executive and attorney who first discovered what he alleges are several embezzlement schemes and cover-ups inside the organization. He maintains that the fraud involved tens of millions of dollars and that, when he discovered it, he was asked to stop his investigation and lie to authorities about the wrongdoing. When he refused, he was fired. On August 23, 2011, Simmons wrote personalized private letters detailing the scandal to all 36 members of the SAG P&H Plan Board Of Trustees — read it here.
Simmons gave the Trustees two weeks to remedy the situation or warned he was going to federal authorities. Which he did and sent a September 14, 2011, letter directly to the U.S. Department Of Labor. (Read it here…) His Fall testimony in front of various federal authorities is a direct outgrowth of his whistleblowing.
Editor-in-Chief Nikki Finke - tip her here.


I hope they start looking into all of the fraud happening at SAG headquarters as well. This is just the tip of the iceberg.
There certainly seems to be plenty of fishy activity going on there too.
WHY IS THIS INVESTIGATION NOT REPORTED IN THE LOCAL NEWS??
Simple.
Because all of the newsreaders, newsdesks and broadcasters are AFTRA…and AFTRA (the AFL/CIO) wants the merger to happen…
The SAG P&H plan is IN THE RED ZONE.
THEY ARE LYING THROUGH THEIR TEETH ABOUT THIS AND A BUNCH OF OTHER TRUTHS.
This is the exact reason why we should be telling every actor to VOTE NO on the merger!
Agreed.
The spin has already begun.
I just got three ‘chain letter’ emails from 3 different pro merger Actors basically saying…”This is nothing — there was no raid — it’s all about the guy they fired two years ago for embezzlement,the Feds just looked at some papers- that money has been repaid by insurance already..”
As in “yadda-yadda — there’s nothing to see here — just keep moving…”.
Hey – if you are pro merger or against it, I’d think wanting to know the facts about this issue would be important.
As a pension plan participant I want to know the unvarnished truth.
Either we have crooks running the Producers/SAG P+H plan — or they should be exonerated.
Where you stand on merger should be irrelevant.
NO MERGER SHOULD HAPPEN WHILE AN INVESTIGATION IS HAPPENING. PERIOD.
Right now, MPIPHP must be shredding documents like there’s no tomorrow.
Again: two separate entities. SAG is not SAG P & H. The former is officed at Wilshire the latter in Burbank. The Federal Investigators are simply performing due diligence as they should.
Rick,
Put down the mouse and step away from the computer. You are embarrassing yourself.
I’m cool with that on a personal level, but as a SAG Board member, your naivete is an embarrassment to us all.
Of course, you could always resign and continue posting your uninformed drivel without having it reflect on SAG.
It’s clear that you’re cool with it on a personal level, which is why you launched some ad hominem attacks. If you can’t defeat the argument, defeat the person.
Sigh . . .
You don’t get it, do you, David?
Rick’s a SAG Board member. This debacle happened on his watch.
Had he and his fellow board members performed their own DUE DILIGENCE, the feds wouldn’t be raiding our pension plan HQ for evidence of criminal activities. Instead (or, perhaps, BECAUSE of this ongoing malfeasance, hmm?), the SAG Board invested years in a smoke-and-mirrors merger campaign to distract us from what’s really going on with our pensions. Is Rick aware of this? I’ll be generous and grant that maybe, just maybe, Rick is not in the inner circle of political cronyism, posting, as he does, from his vantage point of managing a little theater in Seattle. Maybe Rick just believes what he’s told by the people who DO know what’s going on over at P&H.
The P&H plan is supervised by OUR EMPLOYEES (David White, Duncan Crabtree-Ireland, John McGuire), whom Rick is supposed to be supervising. Had he and the SAG Board been doing their job, we wouldn’t be in this spot.
Instead, Rick comes onto the blogs and tries to use his status as a Board member to spin these events.
Suggesting that he post his uninformed spin anonymously wasn’t an ad hominem attack. I was being charitable. It’s a free country, and he’s entitled to his private opinion, no matter how clueless.
But when he posts his spin under color of authority, he embarrasses you, me, and every other SAG member. He should just clam up, stop the merger spin, and let the feds do their job.
NEWS FLASH TO RICK: A criminal investigation isn’t “Due Diligence.” Ensuring that one isn’t necessary is. Please learn the difference if you’re going to remain on the SAG Board.
Bravo. Well said. Clear and calm. Seconded.
Too bad that Rik Deskin is the king of ad hominem attacks. You should read his posts on Facebok. Beyond that- his commentary is naive. As a board member he should be more concerned about the criminal activities. This is just more evidence of a cover up. I am tired of this garbage from our leadership.
I agree. Its shameful.
Why do you call yourself “Don’t destroy SAG”?
And why are you creating a post that has no content at all and is just a personal attack?
Are you involved in the scandals? Are you one of the bad guys?
What makes you sure that insulting someone (even in such a childish way) could help your case?
If you don’t want SAG destroyed, take your own advice, and keep away from the keyboard.
Too funny Flo- perhaps you should take your own advice.
Do not fool yourself or others. When David White the CEO of SAG, Duncan Crabtree-Ireland, SAG Council and New York John McGuire are Trustees and when THREE former Presidents William Schallert, Barry Gordon and Richard Mauser (<–and his wife) Eileen Henry as well as all the different VPs are Trustees. It is hard to say the two a separate.
Rik,
I’m sure the Feds are resting easy knowing they have your approval.
And by that I mean your use of the words “due diligence as they should” to describe a criminal investigation shows a lack of understanding so deeply profound one would guess it couldn’t be outdone. But, in spite of those odds, you’ve outdone yourself in suggesting that SAG and SAG P&H are completely unrelated entities because they have different parking lots.
God help us.
On the plus side, you’ve illuminated the reason pro-merger board members like yourself keep glossing over the importance of the fate of P&H in a merger. You’re convinced P&H is a separate country. I, or anyone with even an ounce of understanding, would argue it’s all about P&H. Now at least it looks like the Feds will tell us what has happened at P&H. What need to go forward with a merger is to know what will happen at P&H and we need a competent board to understand that and do a competent analysis. As it stands now, we’re forced to vote NO on your incompetent and incomplete merger proposal.
Did any of this affect the calculations of an actor’s eventual pension in a negative way?
Interesting that the Feds seem to be involved in this but basically ignored all the calls to investigate the MPTF Hospital debacle.
This has absolutely nothing to do with merger. If SAG and AFTRA don’t merge, then SAG will fins itself singularly negotiating a deal with producers one YEAR after AFTRA, in 2015. In their desperation to bring work back to SAG, they will likely have to lower rates in order to appease producers. Good luck making a career as an actor and I hope your pension will still be liquid after a coming decadeor more of union fighting.
or, sag could challenge aftra’s jurisdictional poaching in the proper venues. just sayin’….
Yes! Well said.
I have been saying that for weeks.
Ask the feds to step in and let the affected people decide who they want as their representative in collective bargaining going forward.
Hotel workers do it all the time.
Several months ago I received a take-it-or-leave-it, pension demand from AFTRA to take a one-time payment for $200 — I realize that most of my work over a 30+ year career was with SAG, but there were quite a few AFTRA TV appearances as well. Seems very fishy! I’m voting “NO!”
I posted here a couple weeks ago, and asked if the reason why a comprehensive study of the health plans wasn’t done, was because of Mr.Simmons lawsuit/allegations…Now a federal investigation??
Saturday’s informational meeting re: merger at SAG headquarters will be damned interesting..
To Rik Deskin :
“Due Diligence ” huh ? You mean like what SAG SHOULD have done about the pension plan in the attempted merger ?
sorry, it definitely has to do with merger if the trustees are culpable of all the fiduciary irresponsibility that is alleged to have gone on (or for allowing it). these are the people to whome we give carte blanche to construct a NEW MERGED pension and health plan? that will protect those who have years in the old plan? does this really have to be explained?
I hope they throw this fundie Dow guy and his entire family – and friends!! – of crooks into the pokey n’ throw away the key!! Are you kidding?!! These letters point some pretty strong fingers at these creeps!! Thank you Craig Simmons for blowing the whistle loudly! Tens of Millions?!! this should be Very Interesting!! n’ thanks SAG Trustees for most likely dropping the ball big time and letting these creeps Steal from hard working actors! we really appreciate it!!
Vote NO! Anti-Merger Suit to be heard at the end of the month. 51+ SAG & AFTRA Execs make $600,000+ benefits. The majority of SAG Members earn less than $10,000 as their benefits decline. Bravo Mr. Whistleblower!
this is in response to Tom (Foolery):
SAG’s rates in the past years have been LOWER, because SAG signed the contract with the AMPTP a year after Aftra made their low-ball, no residuals deal with the AMPTP…which should have brought them back to SAG, right, since the SAG contract is cheaper, right?
They didn’t, why?
The Studios WANT this merger.
Now, do I have to explain to you why voting yes on merger is suicide for actors?
Or maybe you aren’t an actor…..
Do you mean they like it because they won’t be paying residuals?
Look! Jurisdiction can be solved by defeating the Merger and then, floating a referenda asking all Actors which union and under which contract do they want to be represented; and, which union do they want to be their bargaining agent. So, stop with the ‘Poaching’ message. It’s tired out, old, old news.
Worse still, under the new, proposed union; the constitution will allow the Board to make decisions without the voice or the vote of the membership; and that is already happening, against all Constitutional rights. Furthermore, the Staff will be allowed, as they have already begun, to; make decisions with out the approval of the Board.
Meanwhile, the Staff, which horned into our Pension and Health Plan, will continue to earn Benefits at the Accrual Rate of 3.5%; while ours has been reduced to 2%. What is that about ?
In addition, under the new union, we will become, as it is with AFTRA; a full member of the AF of L; instead o an Affiliate, as we are now; and the AF of L will be able to grab a bigger piece of the Head Tax and have a bigger piece of our P&H Benefits.
You think taking our vote away is not all about the money in Pension and Health, and that the two have no bearing in this Merger?
Criminal charges should definitely be filed.
And can we arrest Roberta Reardon for abandoning her post and cutting her own deal which screwed a LOT of actors out of their benefits ?
The AMPTP ALWAYS negotiates together, and they compete with each other every damn week-end and every damn day BUT they are UNITED when it comes to negotiations. And we should be too.
So, I dont care who hurt your feelings , Roberta, when you walked away and cut your own deal for AFTRA, you screwed EVERY single dual card holder.
For your own gain.
I’m sending my ballot out on Monday 3/19/12… I’ve VOTED NO……………………………….!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
TV LAND RESIDUALS WAIVED
The Voting Rights Act of 1965, signed into law by President Lyndon Baines Johnson, ensured that every citizen would be able to exercise his/her constitutional right to a vote. The Act has been extended 3 times, most recently in 2006 by President George W. Bush. Now that right is under attack yet again in states such as Wisconsin, Ohio, Arizona, Texas, Georgia and others, and it seems that the Screen Actors Guild has joined the assault by denying to members their right to vote on a matter of major importance to the life and livelihood of our membership.
Our right to residuals has been summarily waived by a Standing Committee of the Screen Actors Guild on the recommendation of staff. This waiver applies to residuals paid by the cable station, TV Land, a subsidiary of Viacom. We are told by staff that it only applies to productions with a budget so small that there are currently no productions that would qualify.
What is wrong with this picture? Why would TV Land, a subsidiary of Viacom, with access to a raft of highly paid attorneys, be asking for a waiver of currently non-existent residuals? Any member with an ounce of common sense can see where this is leading. There will be more waivers. It is no minor matter.
This waiver has breached an important principle. It is no minor matter. Residual income is of primary importance in the lives of performers. It must never be waived.
If staff and a majority of this Standing Committee’s members can, against the vigorous objections of the minority, secure a waiver of these non-existent residuals, then more will follow and they will be real residuals, lost to real people.
Our Screen Actors Guild constitution protects the right of our members to vote in a referendum on collective bargaining agreements (Article XI, section 1) and on rules and regulations governing our relations with “persons, firms or corporations connected with the motion picture industry” (Article XVI). Amendments “of a minor nature” can be approved without referendum but only “by a vote of the majority of the Board of Directors voting thereon”. This amendment is not minor and it was not voted on by the Board of Directors. This waiver contravenes the provisions of our constitution. Any waiver of residuals is a waiver of an important principle and requires a referendum of the membership.
Staff recommended this waiver to the Standing Committee. Staff will not suffer any loss of income or of contributions to their Pension and Health Plan from this waiver or any future waivers. I would like to ask Mr Duncan Crabtree-Ireland, who sits on the Board of Trustees, to explain why Staff continues to receive a 3.5% accrual rate in their pensions even after members have been reduced to 2.0%. Are we to expect this to continue after merger? What more advantages will be given to staff after merger while members benefits continue to diminish?
If merger is approved, the right to vote in a referendum now present under the SAG constitution will be significantly diminished. In a circuitous and subtle fashion, the constitution of SAG-AFTRA has altered the provisions requiring a referendum and/or a vote of the Board so that these requirements become very much weakened or lost altogether.
Protect your residuals and your Pension and Health benefits.
Vote NO to merger
Scott Wilson
3/17/12
This story was debunked last week. It is NOT TRUE. Nikki and her agenda at work again.
So we should definitely Merge with all this going on. All we need now is to let AFTRA; and the AF of L bamboozle us out of the rest. Any fool can see we should Merge without an Impact Study.
Official pro-merger propaganda has frequently reassured us: If — worst-case — the S.A.G. Pension fund goes belly up, Don’t Worry. The federal government will pay your pension benefits!
Well, the federal government agency responsible for paying your pension would be the Pension Benefit Guaranty Corporation — PBGC.
But the PBGC is in trouble itself, according to a recent article in the Chicago Tribune.
“[T]he PBGC [is] an insurance-like agency of the federal government that is funded not with tax money but premiums from companies that have defined pension plans.
“However, the agency itself may be in need of a bailout. It is running a deficit of $26 billion, which would become about $35 billion if it takes over [American Airlines'] pensions. Its funding, via premiums set by Congress, is not enough to cover the cost of the failed pension plans it is responsible for, [PBGC Director] Gotbaum said.”
February 28, 2012|By Gregory Karp, Chicago Tribune reporter
“Craig Simmons, of course, is the veteran SAG P&H Plan high-ranking executive…”
As a 17-year veteran of the Plans myself, it grates on me to hear a 3-4 year HR exec who comes across as more of an opportunist being so described – especially knowing as I do that some of his claims are pure BS such as his description of the Plans as an anti-gay ‘frathouse’.
Based on Tim’s comment about this story being a hoax, I looked it up on Snopes (my favorite place to find info on the latest hoax).
It’s not listed as a hoax and I think it’s a big enough issue that it should be listed, if it’s a hoax.
How’s the new SAG-AFTRA working out.
SAG IS DEAD
If you’re reading this now and have not read the posts by Tom Bower and Scott Wilson, please, READ THEM!
Both of these fine Actors are well-informed and respected.
They have ‘walked the walk’ and KNOW what they’re talking about, based upon many years of (hard) working experiences within the Motion Picture and Television Industry, as well as having serving their fellow Actors on the board of directors of the Screen Actors Guild; Hollywood and National.