Billionaire Gets Greenlight to Sue Judge, Lawyer
July 17, 2007
By Mike McKee
The Recorder
Self-made billionaire Thomas Siebel got the green light Monday to proceed with a malicious prosecution suit against a San Mateo County, Calif., judge and a former San Francisco Bay Area lawyer.
The California Supreme Court all but opened the courthouse door for the former Silicon Valley executive by unanimously ruling that a settlement in an underlying fraud suit constituted a favorable judgment that allows Siebel to sue the attorneys who brought the case.
The high court also dismissed arguments by Siebel's opponents, Judge Carol Mittlesteadt and E. Rick Buell II, that the ruling would discourage settlements, increase malicious prosecution actions and disrupt the attorney-client relationship.
Siebel, founder of Siebel Systems Inc., sued Mittlesteadt, then a lawyer but now a judge in San Mateo, and Buell, whom the State Bar lists as a Florida resident, for malicious prosecution after Siebel's company paid to settle a fraud suit with their client, Debra Christoffers, in 1999.
Christoffers, a one-time sales director at Siebel Systems Inc., had sued Siebel -- who made this year's list of billionaires in Forbes -- claiming she had been unfairly fired, subjected to gender discrimination and defrauded out of major commissions and stock options. Only the fraud claims went to trial.
Christoffers won a jury verdict of about $234,000, but only against the company, not Siebel himself. Various issues were appealed by both sides, with a subsequent settlement agreement requiring Siebel Systems to give Christoffers $352,000 as long as she paid Thomas Siebel's $52,000 in costs.
However, the agreement -- pulled together by a third lawyer retained by Christoffers -- specifically stated it would not prevent Siebel from going after Mittlesteadt and Buell for malicious prosecution. It did prevent Christoffers from assisting her ex-lawyers during subsequent litigation.
The question before the Supreme Court was whether the settlement agreement represented a favorable termination of the underlying fraud suit for Siebel. Under California law, a malicious prosecution suit cannot stand unless the person who filed it proves the underlying case was terminated in his or her favor.
Mittlesteadt and Buell had argued that the settlement agreement created an ambiguity about the merits of the fraud suit. They claimed Siebel settled, he didn't win.
The Supreme Court didn't agree.
Neither Mittlesteadt nor her appellate lawyer, Tony Tanke of Davis, Calif., returned calls seeking comment. Buell couldn't be reached for comment and he didn't respond to an e-mail. Robin Meadow, the partner at Los Angeles' Greines, Martin, Stein & Richland who represented Siebel, said he couldn't comment without his client's permission.
Tuesday, July 17, 2007
Monday, March 19, 2007
Judge Says FBI acted with Callous Disregard
U.S. Dist. Judge determines the Reno FBI and U.S. Attorneys Office acted with callous disregard of Mr. Montgomery’s Fourth Amendment rights, as the earlier order from Judge Cooke on November 28, 2006, was affirmed on March 19, 2007.
Ruling in Trepp case raises questions about Gibbons' role
The story unfolds, below.
How Deep Does Political Corruption Run?
Although most of the case was sealed...it's looking as if Pandora's Box will open any minute - affording the general public a breathtaking display of the lengths the FBI will go to protect its perceived political interests rather than protecting Amercians from attack - although the below lack of experience by the FBI agent, is enough to give anyone the willies.
However, what's Always true is:
A good government is a transparent government.
Ruling in Trepp case raises questions about Gibbons' role
The story unfolds, below.
How Deep Does Political Corruption Run?
Although most of the case was sealed...it's looking as if Pandora's Box will open any minute - affording the general public a breathtaking display of the lengths the FBI will go to protect its perceived political interests rather than protecting Amercians from attack - although the below lack of experience by the FBI agent, is enough to give anyone the willies.
However, what's Always true is:
A good government is a transparent government.
Sunday, March 18, 2007
FBI After Public Officials Not Paying 'Electric Bill. Wow! Big Crimes.
In the "Why write Fiction" department - the FBI is investigating a Memphis City Councilmember who didn't pay his bills.
Sunday, 03/18/07
Memphis councilman may have violated open government law
ASSOCIATED PRESS
MEMPHIS, Tenn. (AP) -- A councilman at the center of an FBI investigation may have violated the state's open government law when he talked privately to council members about supporting the man who would eventually become president of the city's utility.
Lawyers hired by the City Council have been trying to interview the president and CEO of Memphis Light, Gas and Water Division, Joseph Lee, as part of an independent probe into the utility accounts of Councilman Edmund Ford. The lawyers are scheduled to present their findings on Tuesday.
The FBI is investigating why the utility protected Ford's business and residential utility services from disconnection even though he owed more than $16,000.
Records show Lee aided in that by telling his staff to keep Ford's utilities on.
According to a councilman and other records recently obtained by The Commercial Appeal, Ford played a pivotal role in getting Lee his position and may have violated the law in doing so.
In the days leading up to a 2004 City Council vote on whether Lee should head the utility, Council Chairman Tom Marshall said Ford lined up votes behind the scenes to ensure Lee got the job.
Marshall said Ford privately lobbied council members, claiming Lee's appointment would end "the racial gridlock we were in."
Tennessee's Open Meetings Act prohibits deliberation of public business in closed meetings or electronic communication.
In 1990, the Tennessee Court of Appeals ruled that Shelby County commissioners violated the law when they discussed privately with each other, including in phone conversations, which candidate they would like to fill a board vacancy.
"He did ask me to consider voting for Lee," Marshall said. "He said that as far as he was concerned, it was becoming a very racial issue and we did not need that at the time."
The council eventually voted 7-5 to appoint Lee.
Ford served as chairman of the City Council's General Services & Utilities Committee, which oversees the city-owned utility, until December when he was removed from the post after his arrest on federal bribery charges.
The utility's systems were also set up to notify top utility employees if more than a dozen other Memphis politicos, including Mayor Willie Herenton and some City Council members, faced service cutoff due to unpaid bills.
In a letter to the council last week, Lee's lawyer, Robert Spence said Lee denies ever receiving monetary benefits or items of value from Ford or council members.
Spence also said Lee won't be cooperating in the council's independent investigation because he has already testified before a federal grand jury investigating the utility.
Sunday, 03/18/07
Memphis councilman may have violated open government law
ASSOCIATED PRESS
MEMPHIS, Tenn. (AP) -- A councilman at the center of an FBI investigation may have violated the state's open government law when he talked privately to council members about supporting the man who would eventually become president of the city's utility.
Lawyers hired by the City Council have been trying to interview the president and CEO of Memphis Light, Gas and Water Division, Joseph Lee, as part of an independent probe into the utility accounts of Councilman Edmund Ford. The lawyers are scheduled to present their findings on Tuesday.
The FBI is investigating why the utility protected Ford's business and residential utility services from disconnection even though he owed more than $16,000.
Records show Lee aided in that by telling his staff to keep Ford's utilities on.
According to a councilman and other records recently obtained by The Commercial Appeal, Ford played a pivotal role in getting Lee his position and may have violated the law in doing so.
In the days leading up to a 2004 City Council vote on whether Lee should head the utility, Council Chairman Tom Marshall said Ford lined up votes behind the scenes to ensure Lee got the job.
Marshall said Ford privately lobbied council members, claiming Lee's appointment would end "the racial gridlock we were in."
Tennessee's Open Meetings Act prohibits deliberation of public business in closed meetings or electronic communication.
In 1990, the Tennessee Court of Appeals ruled that Shelby County commissioners violated the law when they discussed privately with each other, including in phone conversations, which candidate they would like to fill a board vacancy.
"He did ask me to consider voting for Lee," Marshall said. "He said that as far as he was concerned, it was becoming a very racial issue and we did not need that at the time."
The council eventually voted 7-5 to appoint Lee.
Ford served as chairman of the City Council's General Services & Utilities Committee, which oversees the city-owned utility, until December when he was removed from the post after his arrest on federal bribery charges.
The utility's systems were also set up to notify top utility employees if more than a dozen other Memphis politicos, including Mayor Willie Herenton and some City Council members, faced service cutoff due to unpaid bills.
In a letter to the council last week, Lee's lawyer, Robert Spence said Lee denies ever receiving monetary benefits or items of value from Ford or council members.
Spence also said Lee won't be cooperating in the council's independent investigation because he has already testified before a federal grand jury investigating the utility.
Friday, March 16, 2007
FBI is Not Interested in Crime.
Slight Problem with Law Enforcement. Try to find some.
In an update to the story of lying CHP officers, The Public on the Hook for 2 Million Dollars
the FBI did get back to Steve Grassilli's attorney.
We Are Truly Not Interested.
Yes, the FBI is Not going to investigate the case. Neither is the District Attorney's office, where Bill Gore, former head of the FBI's San Diego branch, now collects a pay check. (See earlier posts.)
So the secret's out. Crooks welcome in San Diego. (As if the Pension scandal didn't convince you). Come on down.
San Diegans? Raise your hand whose surprised.
(Scanning the terrain..)
Hey look Ma, no hands.
In an update to the story of lying CHP officers, The Public on the Hook for 2 Million Dollars
the FBI did get back to Steve Grassilli's attorney.
We Are Truly Not Interested.
Yes, the FBI is Not going to investigate the case. Neither is the District Attorney's office, where Bill Gore, former head of the FBI's San Diego branch, now collects a pay check. (See earlier posts.)
So the secret's out. Crooks welcome in San Diego. (As if the Pension scandal didn't convince you). Come on down.
San Diegans? Raise your hand whose surprised.
(Scanning the terrain..)
Hey look Ma, no hands.
NY Lawyers San Ethics - San Diego Wants You!
Partner Admits Ethics Violations While Prosecutor
New York Lawyer
March 16, 2007
By Brendan Smith
Legal Times
Faced with overwhelming evidence of his misconduct in a witness-payment scandal, former federal prosecutor G. Paul Howes has admitted to violations of six ethics rules.
Responding to charges filed last month by D.C. Bar Counsel, Howes admits he made a false statement to a tribunal, intentionally failed to disclose required discovery to the defense, and engaged in conduct involving “dishonesty or misrepresentation” and conduct that “seriously interfered with the administration of justice.”
In a stipulation with Bar Counsel released last week, Howes, who served as an assistant U.S. attorney in the District in the 1990s, denies that he committed criminal acts or offered unlawful inducements to witnesses.
Both Bar Counsel and a 1998 Justice Department probe found that Howes disbursed more than $140,000 in federal witness vouchers to 132 people during the Newton Street gang trial and another murder trial, making improper payments to witnesses, friends and relatives of witnesses, and former police officers.
Howes is scheduled for an April 11 hearing before the Board on Professional Responsibility, which could recommend sanctions including disbarment. Howes, now a partner in the San Diego office of Lerach Coughlin Stoia Geller Rudman & Robbins, and his defense attorney, Plato Cacheris, would not comment last week on his case. But Howes’ response to the charges states that the U.S. Attorney’s Office did not have a clear policy on witness-voucher payments at the time and that he “was continually in trial for approximately 18 months with minimal support, assistance, or supervision.”
Cacheris, who has represented Monica Lewinsky and FBI turncoat Robert Hanssen, is leading a high-profile defense team, including John Hundley and Barry Coburn from his firm, Trout Cacheris, and Steven Tabackman from Tighe Patton Armstrong Teasdale, who also used to be a federal prosecutor in the District.
New York Lawyer
March 16, 2007
By Brendan Smith
Legal Times
Faced with overwhelming evidence of his misconduct in a witness-payment scandal, former federal prosecutor G. Paul Howes has admitted to violations of six ethics rules.
Responding to charges filed last month by D.C. Bar Counsel, Howes admits he made a false statement to a tribunal, intentionally failed to disclose required discovery to the defense, and engaged in conduct involving “dishonesty or misrepresentation” and conduct that “seriously interfered with the administration of justice.”
In a stipulation with Bar Counsel released last week, Howes, who served as an assistant U.S. attorney in the District in the 1990s, denies that he committed criminal acts or offered unlawful inducements to witnesses.
Both Bar Counsel and a 1998 Justice Department probe found that Howes disbursed more than $140,000 in federal witness vouchers to 132 people during the Newton Street gang trial and another murder trial, making improper payments to witnesses, friends and relatives of witnesses, and former police officers.
Howes is scheduled for an April 11 hearing before the Board on Professional Responsibility, which could recommend sanctions including disbarment. Howes, now a partner in the San Diego office of Lerach Coughlin Stoia Geller Rudman & Robbins, and his defense attorney, Plato Cacheris, would not comment last week on his case. But Howes’ response to the charges states that the U.S. Attorney’s Office did not have a clear policy on witness-voucher payments at the time and that he “was continually in trial for approximately 18 months with minimal support, assistance, or supervision.”
Cacheris, who has represented Monica Lewinsky and FBI turncoat Robert Hanssen, is leading a high-profile defense team, including John Hundley and Barry Coburn from his firm, Trout Cacheris, and Steven Tabackman from Tighe Patton Armstrong Teasdale, who also used to be a federal prosecutor in the District.
Thursday, March 15, 2007
Does the FBI Support Full On Judicial Corruption?
Interesting that the attorneys currently going gang-busters in the Nevada's Governor Jim Gibbons' corruption case, ran into a brick wall in San Diego.
(Raise your hand whose surprised.)
When they wondered why Judith McConnell routed all of the ball park cases to herself, San Diego FBI agents said they hadn't gotten the Green light in DC to open a formal investigation.
Huh?
That's core politics, not investigative work. Since when must a local office ask permission before investigating corruption? If that's true what's next?
Unfortunately, next is generally more corruption at an expanded level.
Consider the pattern within the District Attorney's Office, which may explain the too cozy relationship with the DA behind the FBI's systematic slacking.
Consider: Bill Gore who didn't investigate judges when he headed up the FBI, is now working with the District Attorney's Office.
Consider: District Attorney's Office now houses Casey Gwinn and who can explain why the FBI isn't investigating Gwinn particularly after San Diego's $20,000,000.00 Kroll report described San Diego's "Culture of Corruption" during a time GWINN was City Attorney.
Since our tax dollars are paying for this, shouldn't the public demand accountability? Or a refund? Otherwise history will simply continue repeating itself, with agents who should be fired, drawing paychecks instead, and as history demonstrates; the crooks in the District Attorney's Office have operated at the highest level.
Former deputy DA enters guilty plea
Longanbach could face jail for running private business on county's time
By J. Harry Jones
STAFF WRITER
November 10, 2001
The former head of the district attorney's economic fraud unit pleaded guilty yesterday to a felony charge of grand theft for using county employees and equipment for his personal business.
Peter J. Longanbach, 56, could face up to three years in prison and the loss of his license to practice law. A sentencing hearing is scheduled for Jan. 18. [Update - Longanbach easily avoided jail. With a nod to Justice San Diego Style; Longanbach was fined and sentenced to teaching poor kids how to play golf.]
Longanbach admitted he operated his real estate business on county time out of the district attorney's downtown offices.
"I used San Diego district attorney staff to prepare personal documents," he wrote in his guilty plea form. "I used San Diego District Attorney's Office fax, copy machine and telephone equipment for personal purposes, and I worked on private matters during district attorney office hours."
In a plea bargain with the state Attorney General's Office, Longanbach and state prosecutors agreed to give San Diego Superior Court Judge Kenneth So wide latitude in deciding Longanbach's punishment.
Although Longanbach pleaded guilty to a felony, his attorney, Pat Swan, will be allowed to ask So to reduce the charge to a misdemeanor, which could allow him to continue practicing law. The attorney general will argue against a reduction.
While Longanbach technically could be sentenced to as much as three years in prison, Deputy Attorney General Adrianne Denault told So the state will seek no more than one year in local jail.
Longanbach also agreed to pay San Diego County $25,000 in restitution for the money stolen by his use of the secretaries and equipment.
Outside of court, Swan said the restitution is far more money than he thinks Longanbach, a Rancho Santa Fe resident, should have to pay, but said it was agreed to in order to dispose of the case.
Longanbach retired in March 2000 from his position as one of District Attorney Paul Pfingst's department chiefs after state investigators searched his house and the District Attorney's Office for evidence.
The allegations were initially raised within the District Attorney's Office by secretaries, legal assistants and prosecutors who worked under Longanbach and complained to their superiors.
Pfingst said he reprimanded Longanbach but was unaware he continued misusing staff and equipment. Pfingst's discipline in the case has been cited by many of his critics in what has become a sharply divided office.
Earlier this week the San Diego Deputy District Attorneys Association returned a vote of no-confidence in Pfingst's leadership. Two-thirds of the prosecutors who voted cast ballots against Pfingst.
A special grand jury indicted Longanbach in February on 12 felony charges following a 17-month investigation by the state.
Thirty-four witnesses testified before the grand jury, most of them fellow employees and prosecutors who worked with Longanbach.
Had he been convicted at trial of all counts, Longanbach could have faced eight years in prison.
The indictment was dismissed yesterday as part of the plea. Instead, the new grand theft charge was filed and admitted by Longanbach, who has been free without bail.
"This whole process has been extremely expensive and wearing on his family," Swan said, explaining why Longanbach agreed to the deal.
Longanbach left the courthouse without commenting.
Pfingst, through his spokeswoman Liz Pursell, said it was inappropriate to comment on the plea.
"This case has not been concluded," Pursell said. "We still have a sentencing in January."
Copyright 2001 Union-Tribune Publishing Co.
-------------------------------------
(Raise your hand whose surprised.)
When they wondered why Judith McConnell routed all of the ball park cases to herself, San Diego FBI agents said they hadn't gotten the Green light in DC to open a formal investigation.
Huh?
That's core politics, not investigative work. Since when must a local office ask permission before investigating corruption? If that's true what's next?
Unfortunately, next is generally more corruption at an expanded level.
Consider the pattern within the District Attorney's Office, which may explain the too cozy relationship with the DA behind the FBI's systematic slacking.
Consider: Bill Gore who didn't investigate judges when he headed up the FBI, is now working with the District Attorney's Office.
Consider: District Attorney's Office now houses Casey Gwinn and who can explain why the FBI isn't investigating Gwinn particularly after San Diego's $20,000,000.00 Kroll report described San Diego's "Culture of Corruption" during a time GWINN was City Attorney.
Since our tax dollars are paying for this, shouldn't the public demand accountability? Or a refund? Otherwise history will simply continue repeating itself, with agents who should be fired, drawing paychecks instead, and as history demonstrates; the crooks in the District Attorney's Office have operated at the highest level.
Former deputy DA enters guilty plea
Longanbach could face jail for running private business on county's time
By J. Harry Jones
STAFF WRITER
November 10, 2001
The former head of the district attorney's economic fraud unit pleaded guilty yesterday to a felony charge of grand theft for using county employees and equipment for his personal business.
Peter J. Longanbach, 56, could face up to three years in prison and the loss of his license to practice law. A sentencing hearing is scheduled for Jan. 18. [Update - Longanbach easily avoided jail. With a nod to Justice San Diego Style; Longanbach was fined and sentenced to teaching poor kids how to play golf.]
Longanbach admitted he operated his real estate business on county time out of the district attorney's downtown offices.
"I used San Diego district attorney staff to prepare personal documents," he wrote in his guilty plea form. "I used San Diego District Attorney's Office fax, copy machine and telephone equipment for personal purposes, and I worked on private matters during district attorney office hours."
In a plea bargain with the state Attorney General's Office, Longanbach and state prosecutors agreed to give San Diego Superior Court Judge Kenneth So wide latitude in deciding Longanbach's punishment.
Although Longanbach pleaded guilty to a felony, his attorney, Pat Swan, will be allowed to ask So to reduce the charge to a misdemeanor, which could allow him to continue practicing law. The attorney general will argue against a reduction.
While Longanbach technically could be sentenced to as much as three years in prison, Deputy Attorney General Adrianne Denault told So the state will seek no more than one year in local jail.
Longanbach also agreed to pay San Diego County $25,000 in restitution for the money stolen by his use of the secretaries and equipment.
Outside of court, Swan said the restitution is far more money than he thinks Longanbach, a Rancho Santa Fe resident, should have to pay, but said it was agreed to in order to dispose of the case.
Longanbach retired in March 2000 from his position as one of District Attorney Paul Pfingst's department chiefs after state investigators searched his house and the District Attorney's Office for evidence.
The allegations were initially raised within the District Attorney's Office by secretaries, legal assistants and prosecutors who worked under Longanbach and complained to their superiors.
Pfingst said he reprimanded Longanbach but was unaware he continued misusing staff and equipment. Pfingst's discipline in the case has been cited by many of his critics in what has become a sharply divided office.
Earlier this week the San Diego Deputy District Attorneys Association returned a vote of no-confidence in Pfingst's leadership. Two-thirds of the prosecutors who voted cast ballots against Pfingst.
A special grand jury indicted Longanbach in February on 12 felony charges following a 17-month investigation by the state.
Thirty-four witnesses testified before the grand jury, most of them fellow employees and prosecutors who worked with Longanbach.
Had he been convicted at trial of all counts, Longanbach could have faced eight years in prison.
The indictment was dismissed yesterday as part of the plea. Instead, the new grand theft charge was filed and admitted by Longanbach, who has been free without bail.
"This whole process has been extremely expensive and wearing on his family," Swan said, explaining why Longanbach agreed to the deal.
Longanbach left the courthouse without commenting.
Pfingst, through his spokeswoman Liz Pursell, said it was inappropriate to comment on the plea.
"This case has not been concluded," Pursell said. "We still have a sentencing in January."
Copyright 2001 Union-Tribune Publishing Co.
-------------------------------------
LEN DAVEY - The FBI marries the Peter Principle.
March 15, 2007
The Peter Principle lives.
Peter Lance's "Triple Cross" aside, the Peter Principle lives, coursing through the veins of purported agent supervisor Len Davey. With the agents we spoke with, it seems to be a departmental affliction.
For newer readers, the San Diego branch of the FBI has significant problems.
An absence of professionalism coupled with an attitude most often seen in surfers who don't actually want a job - Service is not the watch-word in San Diego.
As such, San Diegans would do well to erase any visuals of hard-working crime fighting agents. With San Diego's long history of judges being convicted of bribery, we suspect there would be more if agents possessed some kind of work ethic. But this is not the case.
Neither should San Diegans picture lazy agents, avoiding work. No, a more accurate picture is it's much darker than that.
Picture a bureaucracy of agents who refuse to get out of their chairs.
Picture a bureaucracy of agents who refuse to identify themselves.
Picture a bureaucracy of agents who under no circumstances will be accountable in any manner.
Sometimes it really is just that simple.
Alleged supervisor LEN DAVEY refused on four separate occasions to identify his supervisor. He was asked his supervisors name after saying,
"Well if you insist on giving us information, you can come down..."
Insist on giving them information? We have to do their jobs too?
That seems so bizarre, we decided to record the call. When informed we were going to record the call, our G-MAN bravely hung up.
In one of several call backs, we next spoke to STEVE HARLEY Harley fancies himself a comedian. Short on material, Harley likewise refused to provide basic information. Information as to DAVEY's boss. Before hanging up HARLEY invited us to call "headquarters" adding in a sing song voice,
Have a nice day!
Then he hung up.
Another fine example of San Diego's professional G-MEN at work!
With management like this, San Diegans simply can't express surprise at the continuing level of public corruption, or any kind of future attack.
Sometimes it is just that simple.
Stay tuned.
The Peter Principle lives.
Peter Lance's "Triple Cross" aside, the Peter Principle lives, coursing through the veins of purported agent supervisor Len Davey. With the agents we spoke with, it seems to be a departmental affliction.
For newer readers, the San Diego branch of the FBI has significant problems.
An absence of professionalism coupled with an attitude most often seen in surfers who don't actually want a job - Service is not the watch-word in San Diego.
As such, San Diegans would do well to erase any visuals of hard-working crime fighting agents. With San Diego's long history of judges being convicted of bribery, we suspect there would be more if agents possessed some kind of work ethic. But this is not the case.
Neither should San Diegans picture lazy agents, avoiding work. No, a more accurate picture is it's much darker than that.
Picture a bureaucracy of agents who refuse to get out of their chairs.
Picture a bureaucracy of agents who refuse to identify themselves.
Picture a bureaucracy of agents who under no circumstances will be accountable in any manner.
Sometimes it really is just that simple.
Alleged supervisor LEN DAVEY refused on four separate occasions to identify his supervisor. He was asked his supervisors name after saying,
"Well if you insist on giving us information, you can come down..."
Insist on giving them information? We have to do their jobs too?
That seems so bizarre, we decided to record the call. When informed we were going to record the call, our G-MAN bravely hung up.
In one of several call backs, we next spoke to STEVE HARLEY Harley fancies himself a comedian. Short on material, Harley likewise refused to provide basic information. Information as to DAVEY's boss. Before hanging up HARLEY invited us to call "headquarters" adding in a sing song voice,
Have a nice day!
Then he hung up.
Another fine example of San Diego's professional G-MEN at work!
With management like this, San Diegans simply can't express surprise at the continuing level of public corruption, or any kind of future attack.
Sometimes it is just that simple.
Stay tuned.
Wednesday, March 14, 2007
Incompetent or Just plain Lazy? - You Decide
March 14, 2007
Around 6:00p.m. I received a call from FBI agent John Ireland. He wanted to reschedule our meeting...the one he canceled last week.
Turns out Ireland wasn't interested in looking into the evidence I have concerning myself and a Judge who talked to his DA wife about a trial during the trial, or abuse of San Diego Police under color of authority, and a California attorney who engineered it...
Ireland informed me he was only interested evidence I have concerning certain City, County and State officials. (I am three for three in this area.) But not in any others. Why? Because he either can't, or doesn't want to see a connection. Makes his job easier.
Ergo, does this the FBI's own pr on how they see itself,
Not Worth the Time it Takes to Read?
My guess is "Yes."
In 2003, when my attorney and I first dropped by, I still believed government officials were interested in doing their job. But I was younger then and she hustled me out saying that the FBI Day Agent was but a window dressing.
This seems to be true in the case of Ireland. But is he a typical example of a not-willing-to-investigate, agent?
Don't know. No clue. So I asked Ireland the name of his supervisor, and additionally that he telephone me, tommorow.
Ireland's supervisor is LEN DAVEY and we'll see if he calls.
However, is it any wonder people are so disgusted with government?
It's almost as if government is determined to remain broken. Common sense dictates When the Justice Department issues a report featuring many FBI personnel violating the rights of thousands of Americans, they can at the Very least conduct a thorough investigation.
Yet this concept seems not only almost completely foreign to Ireland...but one he has no interest in grasping.
Time will tell if the supervisor is any better.
Stay tuned. But meanwhile for a little light reading.
FBI informers' hotel orgy led U.S. prosecutor to shelve cases
Dennis Wagner
The Arizona Republic
Jul. 8, 2006
U.S. Attorney Paul Charlton refused to prosecute a major Arizona corruption case after learning that FBI informers sexually abused an unconscious prostitute during a Las Vegas hotel orgy, according to a letter sent by Charlton to the bureau's top Arizona agent at the time.
There are no allegations that FBI personnel participated in the orgy. However, Charlton's letter complained that agents did not mention the incident in official reports nor did they advise prosecutors of possible crimes committed in the hotel room, including knowledge that "one of the women in the suite may have been raped."
Charlton's conclusion: "Our office will not prosecute any additional cases involving any of these individuals (informers) until the circumstances of the Oct. 16, 2002, incidents in Las Vegas are fully investigated."
Seventy-one U.S. military personnel, prison guards and law enforcement workers have been convicted in the sting known as Operation Lively Green, which involved undercover operatives and agents posing as Mexican narcotics traffickers. The government employees were bribed to haul cocaine from southern Arizona to Phoenix and Las Vegas, sometimes wearing uniforms and using military vehicles.
Charlton's letter of March 29, 2004, to Charlene Thornton, then-FBI special agent in charge for Arizona, suggests that crimes by informers and questionable conduct by agents were so troubling that he backed away from the case entirely.
Thornton said in an interview that she recalls the letter and Charlton's decision to drop the case. She said Charlton sought an investigation by the Inspector General's Office. After that request was declined, she said, the FBI's Office of Professional Responsibility reviewed the allegations and exonerated all agents.
Charlton declined to comment.
Deb McCarley, a bureau spokeswoman in Phoenix, describes Lively Green as "one of the most successful public-corruption cases in the FBI's history" but said she could not comment further because prosecutions still are pending.
The Justice Department's Office of Public Integrity wound up pressing charges, allowing each defendant to plead guilty to a single felony with no public trials or disclosures in U.S. District Court.
Charlton's letter to Thornton spells out the Nevada events of Oct. 16, 2002, in detail: Eleven suspects had just delivered 132 pounds of cocaine from southern Arizona to Las Vegas. FBI agents rented the presidential suite at the MGM Grand Hotel for three informers who invited a half-dozen targets to join them. That night, five prostitutes were hired to participate in an orgy with the men.
The letter says one of the prostitutes fell unconscious because of drug or alcohol consumption and was draped naked over a chair. It says she may have been sodomized by informers and suspects, who also posed for pictures with the woman.
Disclosure papers from a military court previously revealed that the photographic evidence was destroyed after an FBI agent told one of the informers he "did not want to see them again."
Charlton said in his letter that, under Justice Department rules, he felt obliged to tell state or county prosecutors in Las Vegas about the suspected criminal conduct of FBI informers.
Clark County, Nev., District Attorney David Roger said he never was contacted about the MGM Grand incident by the U.S. Attorney's Office or the FBI. Police in Las Vegas said they never were asked to investigate.
Thornton said Charlton's letter contained "some conclusions that wouldn't be supported by the facts," but she declined to elaborate.
She also disputed a disclosure report in military court that says a key FBI agent was removed from Operation Lively Green as a result of the Office of Professional Responsibility inquiry.
"There was no misconduct found," Thornton said, "so there was no action taken as a result of the internal investigation."
Five months after Charlton wrote the letter, Thornton was appointed by FBI Director Robert Mueller as assistant director at the bureau's Inspection Division, in charge of internal investigations and professional conduct. She said she had no part in reviewing behavior by agents in Lively Green.
According to the military court disclosure, there was no surveillance on the hotel suite during the night in question. It is unclear why FBI agents, amid a major sting operation, would not have set up eavesdropping devices in a room rented for informers.
McCarley, the Phoenix FBI spokeswoman, said Lively Green "underscores the FBI's commitment to fighting public corruption at all levels of government. . . . (When) all remaining prosecutive activity is complete, the FBI will be in a position to offer comment on this investigation.
Around 6:00p.m. I received a call from FBI agent John Ireland. He wanted to reschedule our meeting...the one he canceled last week.
Turns out Ireland wasn't interested in looking into the evidence I have concerning myself and a Judge who talked to his DA wife about a trial during the trial, or abuse of San Diego Police under color of authority, and a California attorney who engineered it...
Ireland informed me he was only interested evidence I have concerning certain City, County and State officials. (I am three for three in this area.) But not in any others. Why? Because he either can't, or doesn't want to see a connection. Makes his job easier.
Ergo, does this the FBI's own pr on how they see itself,
Not Worth the Time it Takes to Read?
My guess is "Yes."
In 2003, when my attorney and I first dropped by, I still believed government officials were interested in doing their job. But I was younger then and she hustled me out saying that the FBI Day Agent was but a window dressing.
This seems to be true in the case of Ireland. But is he a typical example of a not-willing-to-investigate, agent?
Don't know. No clue. So I asked Ireland the name of his supervisor, and additionally that he telephone me, tommorow.
Ireland's supervisor is LEN DAVEY and we'll see if he calls.
However, is it any wonder people are so disgusted with government?
It's almost as if government is determined to remain broken. Common sense dictates When the Justice Department issues a report featuring many FBI personnel violating the rights of thousands of Americans, they can at the Very least conduct a thorough investigation.
Yet this concept seems not only almost completely foreign to Ireland...but one he has no interest in grasping.
Time will tell if the supervisor is any better.
Stay tuned. But meanwhile for a little light reading.
FBI informers' hotel orgy led U.S. prosecutor to shelve cases
Dennis Wagner
The Arizona Republic
Jul. 8, 2006
U.S. Attorney Paul Charlton refused to prosecute a major Arizona corruption case after learning that FBI informers sexually abused an unconscious prostitute during a Las Vegas hotel orgy, according to a letter sent by Charlton to the bureau's top Arizona agent at the time.
There are no allegations that FBI personnel participated in the orgy. However, Charlton's letter complained that agents did not mention the incident in official reports nor did they advise prosecutors of possible crimes committed in the hotel room, including knowledge that "one of the women in the suite may have been raped."
Charlton's conclusion: "Our office will not prosecute any additional cases involving any of these individuals (informers) until the circumstances of the Oct. 16, 2002, incidents in Las Vegas are fully investigated."
Seventy-one U.S. military personnel, prison guards and law enforcement workers have been convicted in the sting known as Operation Lively Green, which involved undercover operatives and agents posing as Mexican narcotics traffickers. The government employees were bribed to haul cocaine from southern Arizona to Phoenix and Las Vegas, sometimes wearing uniforms and using military vehicles.
Charlton's letter of March 29, 2004, to Charlene Thornton, then-FBI special agent in charge for Arizona, suggests that crimes by informers and questionable conduct by agents were so troubling that he backed away from the case entirely.
Thornton said in an interview that she recalls the letter and Charlton's decision to drop the case. She said Charlton sought an investigation by the Inspector General's Office. After that request was declined, she said, the FBI's Office of Professional Responsibility reviewed the allegations and exonerated all agents.
Charlton declined to comment.
Deb McCarley, a bureau spokeswoman in Phoenix, describes Lively Green as "one of the most successful public-corruption cases in the FBI's history" but said she could not comment further because prosecutions still are pending.
The Justice Department's Office of Public Integrity wound up pressing charges, allowing each defendant to plead guilty to a single felony with no public trials or disclosures in U.S. District Court.
Charlton's letter to Thornton spells out the Nevada events of Oct. 16, 2002, in detail: Eleven suspects had just delivered 132 pounds of cocaine from southern Arizona to Las Vegas. FBI agents rented the presidential suite at the MGM Grand Hotel for three informers who invited a half-dozen targets to join them. That night, five prostitutes were hired to participate in an orgy with the men.
The letter says one of the prostitutes fell unconscious because of drug or alcohol consumption and was draped naked over a chair. It says she may have been sodomized by informers and suspects, who also posed for pictures with the woman.
Disclosure papers from a military court previously revealed that the photographic evidence was destroyed after an FBI agent told one of the informers he "did not want to see them again."
Charlton said in his letter that, under Justice Department rules, he felt obliged to tell state or county prosecutors in Las Vegas about the suspected criminal conduct of FBI informers.
Clark County, Nev., District Attorney David Roger said he never was contacted about the MGM Grand incident by the U.S. Attorney's Office or the FBI. Police in Las Vegas said they never were asked to investigate.
Thornton said Charlton's letter contained "some conclusions that wouldn't be supported by the facts," but she declined to elaborate.
She also disputed a disclosure report in military court that says a key FBI agent was removed from Operation Lively Green as a result of the Office of Professional Responsibility inquiry.
"There was no misconduct found," Thornton said, "so there was no action taken as a result of the internal investigation."
Five months after Charlton wrote the letter, Thornton was appointed by FBI Director Robert Mueller as assistant director at the bureau's Inspection Division, in charge of internal investigations and professional conduct. She said she had no part in reviewing behavior by agents in Lively Green.
According to the military court disclosure, there was no surveillance on the hotel suite during the night in question. It is unclear why FBI agents, amid a major sting operation, would not have set up eavesdropping devices in a room rented for informers.
McCarley, the Phoenix FBI spokeswoman, said Lively Green "underscores the FBI's commitment to fighting public corruption at all levels of government. . . . (When) all remaining prosecutive activity is complete, the FBI will be in a position to offer comment on this investigation.
Friday, March 9, 2007
A Short History of the FBI's latest PR Goof
The FBI's latest "Call 877-NO BRIBE" goof of a pr campaign.
A couple of attorneys and myself tried to give the FBI information a couple of years ago regarding public corruption. Discovered the "Day Agent" is little more than a window dressing.
So when the FBI's latest public relations attempt "Call 877-NO BRIBE" rolled out I called.
However, my message was "Calling 877-NO BRIBE" one of the easily identifiable pr campaigns I'd seen in a while - disguising the fact that our government is broken."
Reminded them Carol Lau, head of the U.S. Attorney's office who brought down The Most Corrupt Congressman (Randy "Duke" Cunningham) in the entire history of our country, was fired. Not that she didn't miss overlooking the obvious.
One must ask why, if former councilmember Valerie Stallings plea deal spells out her taking bribes from John Moores, why John Moores was not prosectued.
No investigation in why Real Estate Department attorney Brett Maxfield was fired after outing cozy real estate doing with San Diego's current mayor.
Suggested if they wanted more evidence of judicial corruption to give me a call. An cheerful agent telephoned.
The agent suggested I drop by their office Monday, March 5, 2007 to talk further. Not wishing to further waste my time I declined, stating a prior history of good citizen's being ignored.
So they're coming to my place on Monday to pick up earlier stuff, and more.
Naturally they asked me not to talk about it.
Me not talking won't happen. Here's why.
1. When the Marin County Grand Jury voted to investigate Family Court Judges - the DA rushed in and said the Grand Jury over stepped their role. That sparked a recall election which the Marin IJ, the biggest local paper completely torpedoed. (The Coastal Post did not) http://www.coastalpost.com/01/5/07.htm. However, the FBI decided to investigate. People they talked with reported they were asked to keep quiet. Surprise, nothing happened.
2. In the Pellicano case; Dennis Wasser, the original lawyer who suggested Pellicano go after Steve Kolodny (the most ethical and brilliant divorce attorney in the nation, Period) probably because he couldn't win legitimately against Kolodny, who represented Lisa Bonner against her ex, billionaire Kirk Kerkorian. The FBI asked Kolodny not to talk to the press and he agreed. Surprise, nothing ever happened to Wasser.
3. Peter Lance's "Triple Cross." A detailed study of utter incompetence within the FBI, richly rewarded.
4. History. San Diego has sent three judges to prison, so it's not as if they're unaware of reality. However, it was San Diego in the 70's where a bunch of Navy housewives unable to get answers from government about whether their husbands were killed or POW's, first took action. Government asked them to keep quiet - indicating things might not go well for their husband's otherwise.
For a while the wives believed Navy officials shushing them. But only for a while. Sitting around kitchen tables they decided to go to the Paris Peace Talks to ask one simple question: "Are we wives or are we widows?" To pay for the trip they had bake sales. They made bracelets. (I bought three). Keeping quiet is not the answer.
Sunshine is the best disinfectant.
See www.USAjudge.com
(the site that bypasses State Judicial Commissions to provide the public with reports on the judiciary.)
Turns out, the public has a right to worry. Our government is broken. We must fix it.
Comes now from AP
PST WASHINGTON (AP) --
March 9, 2007
The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, a Justice Department audit concluded Friday.
And for three years the FBI has underreported to Congress how often it forced businesses to turn over the customer data, the audit found.
FBI agents sometimes demanded the data without proper authorization, according to the 126-page audit by Justice Department Inspector General Glenn A. Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances.
The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct.
Still, "we believe the improper or illegal uses we found involve serious misuses of national security letter authorities," the audit concludes.
At issue are the security letters, a power outlined in the Patriot Act that the Bush administration pushed through Congress after the Sept. 11, 2001, terror attacks. The letters, or administrative subpoenas, are used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers — without a judge's approval.
About three-fourths of the national security letters were issued for counterterror cases, and the other fourth for spy investigations.
FBI Director Robert S. Mueller called Fine's audit "a fair and objective review of the FBI's use of a proven and useful investigative tool."
The finding "of deficiencies in our processes is unacceptable," Mueller said in a statement.
"We strive to exercise our authorities consistent with the privacy protections and civil liberties that we are sworn to uphold," Mueller said. "Anything less will not be tolerated. While we've already taken some steps to address these shortcomings, I am ordering additional corrective measures to be taken immediately."
Fine's annual review is required by Congress, over the objections of the Bush administration.
The audit released Friday found that the number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law.
In 2000, for example, the FBI issued an estimated 8,500 letters. By 2003, however, that number jumped to 39,000. It rose again the next year, to about 56,000 letters in 2004, and dropped to approximately 47,000 in 2005.
Over the entire three-year period, the audit found the FBI issued 143,074 national security letters requesting customer data from businesses.
The FBI vastly underreported the numbers. In 2005, the FBI told Congress that its agents in 2003 and 2004 had delivered only 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years.
Additionally, the audit found, the FBI identified 26 possible violations in its use of the national security letters, including failing to get proper authorization, making improper requests under the law and unauthorized collection of telephone or Internet e-mail records.
Of the violations, 22 were caused by FBI errors, while the other four were the result of mistakes made by the firms that received the letters.
The FBI also used so-called "exigent letters," signed by officials at FBI headquarters who were not authorized to sign national security letters, to obtain information. In at least 700 cases, these exigent letters were sent to three telephone companies to get toll billing records and subscriber information.
"In many cases, there was no pending investigation associated with the request at the time the exigent letters were sent," the audit concluded.
The letters inaccurately said the FBI had requested subpoenas for the information requested — "when, in fact, it had not," the audit found.
Senators outraged over the conclusions signaled they would provide tougher oversight of the FBI — and perhaps limits its power.
"I am very concerned that the FBI has so badly misused national security letters," said Sen. Arlen Specter, R-Pa., top Republican on the Senate Judiciary Committee that oversees the FBI.
Sen. Russ Feingold, D-Wis., another member on the judiciary panel, said the report "proves that 'trust us' doesn't cut it."
Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs."
___
On the Net:
The report is at:
www.usdoj.gov/oig/reports/FBI/index.htm
www.FamilyLawCourts.com
and a good government is a transparent one: See www.USAjudges.com
a site that bypasses State Judicial Commissions to provide the public with reports on the judiciary.
A couple of attorneys and myself tried to give the FBI information a couple of years ago regarding public corruption. Discovered the "Day Agent" is little more than a window dressing.
So when the FBI's latest public relations attempt "Call 877-NO BRIBE" rolled out I called.
However, my message was "Calling 877-NO BRIBE" one of the easily identifiable pr campaigns I'd seen in a while - disguising the fact that our government is broken."
Reminded them Carol Lau, head of the U.S. Attorney's office who brought down The Most Corrupt Congressman (Randy "Duke" Cunningham) in the entire history of our country, was fired. Not that she didn't miss overlooking the obvious.
One must ask why, if former councilmember Valerie Stallings plea deal spells out her taking bribes from John Moores, why John Moores was not prosectued.
No investigation in why Real Estate Department attorney Brett Maxfield was fired after outing cozy real estate doing with San Diego's current mayor.
Suggested if they wanted more evidence of judicial corruption to give me a call. An cheerful agent telephoned.
The agent suggested I drop by their office Monday, March 5, 2007 to talk further. Not wishing to further waste my time I declined, stating a prior history of good citizen's being ignored.
So they're coming to my place on Monday to pick up earlier stuff, and more.
Naturally they asked me not to talk about it.
Me not talking won't happen. Here's why.
1. When the Marin County Grand Jury voted to investigate Family Court Judges - the DA rushed in and said the Grand Jury over stepped their role. That sparked a recall election which the Marin IJ, the biggest local paper completely torpedoed. (The Coastal Post did not) http://www.coastalpost.com/01/5/07.htm. However, the FBI decided to investigate. People they talked with reported they were asked to keep quiet. Surprise, nothing happened.
2. In the Pellicano case; Dennis Wasser, the original lawyer who suggested Pellicano go after Steve Kolodny (the most ethical and brilliant divorce attorney in the nation, Period) probably because he couldn't win legitimately against Kolodny, who represented Lisa Bonner against her ex, billionaire Kirk Kerkorian. The FBI asked Kolodny not to talk to the press and he agreed. Surprise, nothing ever happened to Wasser.
3. Peter Lance's "Triple Cross." A detailed study of utter incompetence within the FBI, richly rewarded.
4. History. San Diego has sent three judges to prison, so it's not as if they're unaware of reality. However, it was San Diego in the 70's where a bunch of Navy housewives unable to get answers from government about whether their husbands were killed or POW's, first took action. Government asked them to keep quiet - indicating things might not go well for their husband's otherwise.
For a while the wives believed Navy officials shushing them. But only for a while. Sitting around kitchen tables they decided to go to the Paris Peace Talks to ask one simple question: "Are we wives or are we widows?" To pay for the trip they had bake sales. They made bracelets. (I bought three). Keeping quiet is not the answer.
Sunshine is the best disinfectant.
See www.USAjudge.com
(the site that bypasses State Judicial Commissions to provide the public with reports on the judiciary.)
Turns out, the public has a right to worry. Our government is broken. We must fix it.
Comes now from AP
PST WASHINGTON (AP) --
March 9, 2007
The FBI improperly and, in some cases, illegally used the USA Patriot Act to secretly obtain personal information about people in the United States, a Justice Department audit concluded Friday.
And for three years the FBI has underreported to Congress how often it forced businesses to turn over the customer data, the audit found.
FBI agents sometimes demanded the data without proper authorization, according to the 126-page audit by Justice Department Inspector General Glenn A. Fine. At other times, the audit found, the FBI improperly obtained telephone records in non-emergency circumstances.
The audit blames agent error and shoddy record-keeping for the bulk of the problems and did not find any indication of criminal misconduct.
Still, "we believe the improper or illegal uses we found involve serious misuses of national security letter authorities," the audit concludes.
At issue are the security letters, a power outlined in the Patriot Act that the Bush administration pushed through Congress after the Sept. 11, 2001, terror attacks. The letters, or administrative subpoenas, are used in suspected terrorism and espionage cases. They allow the FBI to require telephone companies, Internet service providers, banks, credit bureaus and other businesses to produce highly personal records about their customers or subscribers — without a judge's approval.
About three-fourths of the national security letters were issued for counterterror cases, and the other fourth for spy investigations.
FBI Director Robert S. Mueller called Fine's audit "a fair and objective review of the FBI's use of a proven and useful investigative tool."
The finding "of deficiencies in our processes is unacceptable," Mueller said in a statement.
"We strive to exercise our authorities consistent with the privacy protections and civil liberties that we are sworn to uphold," Mueller said. "Anything less will not be tolerated. While we've already taken some steps to address these shortcomings, I am ordering additional corrective measures to be taken immediately."
Fine's annual review is required by Congress, over the objections of the Bush administration.
The audit released Friday found that the number of national security letters issued by the FBI skyrocketed in the years after the Patriot Act became law.
In 2000, for example, the FBI issued an estimated 8,500 letters. By 2003, however, that number jumped to 39,000. It rose again the next year, to about 56,000 letters in 2004, and dropped to approximately 47,000 in 2005.
Over the entire three-year period, the audit found the FBI issued 143,074 national security letters requesting customer data from businesses.
The FBI vastly underreported the numbers. In 2005, the FBI told Congress that its agents in 2003 and 2004 had delivered only 9,254 national security letters seeking e-mail, telephone or financial information on 3,501 U.S. citizens and legal residents over the previous two years.
Additionally, the audit found, the FBI identified 26 possible violations in its use of the national security letters, including failing to get proper authorization, making improper requests under the law and unauthorized collection of telephone or Internet e-mail records.
Of the violations, 22 were caused by FBI errors, while the other four were the result of mistakes made by the firms that received the letters.
The FBI also used so-called "exigent letters," signed by officials at FBI headquarters who were not authorized to sign national security letters, to obtain information. In at least 700 cases, these exigent letters were sent to three telephone companies to get toll billing records and subscriber information.
"In many cases, there was no pending investigation associated with the request at the time the exigent letters were sent," the audit concluded.
The letters inaccurately said the FBI had requested subpoenas for the information requested — "when, in fact, it had not," the audit found.
Senators outraged over the conclusions signaled they would provide tougher oversight of the FBI — and perhaps limits its power.
"I am very concerned that the FBI has so badly misused national security letters," said Sen. Arlen Specter, R-Pa., top Republican on the Senate Judiciary Committee that oversees the FBI.
Sen. Russ Feingold, D-Wis., another member on the judiciary panel, said the report "proves that 'trust us' doesn't cut it."
Justice spokeswoman Tasia Scolinos said Attorney General Alberto Gonzales "commends the work of the inspector general in uncovering serious problems in the FBI's use of NSLs."
___
On the Net:
The report is at:
www.usdoj.gov/oig/reports/FBI/index.htm
www.FamilyLawCourts.com
and a good government is a transparent one: See www.USAjudges.com
a site that bypasses State Judicial Commissions to provide the public with reports on the judiciary.
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