US ‘Assange hunt’ chokes air for whistleblowers

March 27, 2012

RT on March 27, 2012 released the following:

“Washington’s relentless pursuit of WikiLeaks founder Julian Assange, and alleged whistle-blower Bradley Manning, is no secret. But the fate of the two men has got US journalists worried, that they too could soon find themselves behind bars.

Julian Assange’s life resembles a game of chess. He is an Australian citizen in the custody of Britain fighting extradition to Sweden. But no one wants the king of WikiLeaks more than America. Washington has had secret plans for Assange since at least January 2011.

Ironically, the secret was uncovered earlier this month after five million confidential emails from the global intelligence company Stratfor were published by WikiLeaks.

“It’s done frequently when a defendant is outside the US. They’ll get an indictment, which is secret. They’ll seal the charging document of the indictment. They will ask for an arrest warrant and that will also be sealed. That way, the US stands behind a big large boulder, if you will, and then jumps out from that boulder and arrests someone,” says Douglas McNabb, federal criminal defense attorney and extradition expert.

Under house arrest for more than a year, Assange has not been charged with any crime in any country, though Sweden wants to question him over sex-related allegations. The US meanwhile, is determined to punish the forty-year old.

Apparently, it is payback for exposing confidential cables repeatedly shaming America by shining a spotlight on illegalities in overseas military operations and on some embarrassing tactics and opinions from the State Department.

Washington says publishing the documents has created a national security risk. The Justice Department has reportedly mounted an unprecedented investigation into WikiLeaks, aimed at prosecuting Assange under the espionage act.

“They’re going to continue going after Mr. Assange to make a point that we’re tough and we’re not going to let anybody threaten America, whether it’s Al-Qaeda or it’s an Australian national,” believes journalist James Moore.

And some say they’ll go to any lengths to make the point.

“The US government within the federal arena likes to charge others – that have either aided and abetted or assisted or were full blown co-conspirators – likes to go after those in order to flip them. To get them to co-operate with the US government against the major players, in this case Mr. Assange,” McNabb says.

The US is now apparently working on flipping none other than Private Bradley Manning. The US soldier is facing 22 federal charges for allegedly leaking 700,000 documents and videos to WikiLeaks. He’s one of six Americans, the Obama administration has charged with espionage.

“If one of those cases makes it to the Supreme Court, and the Supreme Court upholds the Espionage Act as an act which essentially criminalizes any whistleblower, anybody who exposes war crimes, anybody who challenges the official narrative of the lies of the state, then that’s it. Because that would mean that any leaker could automatically be sent to prison for life. And at that point any idea of freedom of information is over. We will only know what the state wants us to know,” Chris Hedges, Pulitzer Prize-winning journalist and author told RT.

“It’s supposed to be about protecting the national security of the United States. But that is not the way the journalism industry will view it. They will view it as being a message to them. ‘Be careful who you talk to. Be careful what you write because you can be next.’ I think a number of reporters will say ‘I am not risking it,’” Moore believes.

Critics say the Obama administration’s unprecedented “war on whistleblowers” may ultimately deliver a death sentence to freedom of the press in the US. If people and or publishers are criminally convicted and jailed for exposing the truth, more journalists may prefer to abandon First Amendment privileges and reserve the right to remain silent.

Julian Assange’s show ‘The World Tomorrow’ is to premiere on RT later this month.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


FBI’s ‘Sabu’ Hacker Was a Model Informant

March 9, 2012

The Wall Street Journal on March 8, 2012 released the following:

“By CHAD BRAY

As soon as he was caught, an influential computer hacker agreed to become a government informant and “literally worked around the clock” to help federal agents nab an elusive collective of alleged cyber criminals who have launched online attacks against companies, governments and individuals.

The new details, revealed in court documents made public on Thursday, show how quickly investigators were able to turn 28-year-old Hector Xavier Monsegur against his fellow alleged hackers.

Known as “Sabu” in hacking circles, he was placed under supervision by Federal Bureau of Investigation agents shortly after he was arrested at 10:15 p.m. on June 7 last year. His file was sealed by a judge.

“Since literally the day he was arrested, the defendant has been cooperating with the government proactively,” sometimes staying up all night engaging in conversations with co-conspirators to help the government build cases against them, Assistant U.S. Attorney James Pastore said at a secret bail hearing on Aug. 5, 2011, according to a transcript released on Thursday.

The investigation led to the unveiling of criminal charges on Tuesday against a group of men allegedly behind Lulz Security, or LulzSec. The group, formed last May, claimed responsibility for a series of brazen online attacks including hacking computer servers of television network PBS in retaliation for a “Frontline” episode about WikiLeaks, and stealing personal information from about 100,000 customers of hacked Sony Pictures.

In addition to the Sony and PBS attacks, LulzSec has claimed responsibility for attacks on the U.S. Senate and InfraGard, an affiliate of the Atlanta chapter of the FBI. Those attacks were all cited in Tuesday’s charging documents.

Mr. Monsegur, a few days after his bail hearing in August, pleaded guilty to 12 criminal charges, including three counts of conspiracy to engage in computer hacking, computer hacking in furtherance of fraud, conspiracy to commit access device fraud, conspiracy to commit bank fraud and aggravated identity theft. He faces up to 124 years in prison. A lawyer for Mr. Monsegur declined to comment Thursday.

On Aug. 10, 2011, a federal prosecutor in Los Angeles who was working on the case asked that details for charges against Mr. Monsegur in Los Angeles remain secret. In a document, Assistant U.S. Attorney Stephanie S. Christensen said other hackers were aware of Mr. Monsegur’s true identity, even though he often used a nickname or online personality while communicating with them. She said if news of his arrest were made public, he might be identified as a cooperator. She noted that the hackers monitored public court dockets.

“The FBI has informed me that the hackers are known to take steps against those who cooperate with the government,” Ms. Christensen said. She pointed to a practice known as “Doxing” where hackers post personal details about a person for public consumption online. “The publicly available information may then be used to harass the cooperator and the cooperator’s family in a variety of ways,” she said. “This obviously creates danger for the cooperator, the cooperator’s family, and law enforcement.”

Prosecutors, who said Mr. Monsegur was kept under close surveillance during the investigation—with software installed on his computer to track his online activity and video surveillance set up in his home—also said that Mr. Monsegur agreed to cooperate at “a significant amount of personal risk” to himself. Mr. Monsegur, who was unemployed at the time, is a foster parent to two nieces.

Some hackers retaliate against cooperators by ordering hundreds of pizzas to their house or calling in hostage situations and having a SWAT team show up, Mr. Pastore said.

During the investigation, Mr. Monsegur, who lived in and worked from a public-housing project in New York City, received information on a day-to-day basis of “upwards of two dozen vulnerabilities” in computer systems from a network of cybercriminals, Mr. Pastore said in court documents released Thursday. The FBI was able to identify more than 150 security vulnerabilities at the time, allowing companies to prevent a hack before it occurred or mitigate harm from prior hacking activity, he said.

Ultimately, federal agents were able to thwart more than 300 attacks that other hackers were planning as a result of information provided by Mr. Monsegur, according to a person familiar with the matter.

LulzSec is one of several shadowy hacker groups that have sprung to global prominence over the past year and are loosely organized, often with no central leadership. Mr. Monsegur is described in charging documents as an “influential” member of three such hacking organizations—LulzSec and two others known as Anonymous and Internet Feds. Charges against a total of six men were announced on Tuesday, after which Mr. Monsegur’s identity was revealed.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Alvaro Lopez Tardon, Fabiani Krentz, David William Pollack, and Vincente Orlando Cardelle Indicted by a Miami Federal Grand Jury for Conspiracy to Launder Over $26 Million in Drug Proceeds

July 15, 2011

The U.S. Attorney’s Office Southern District of Florida on July 14, 2011 released the following:

“INTERNATIONAL DRUG MONEY LAUNDERING INDICTMENT UNSEALED

Wifredo Ferrer, United States Attorney for the Southern District of Florida and John V. Gillies, Special Agent in Charge of the Federal Bureau of Investigations (FBI), Miami Field Office, announce today the unsealing of an Indictment charging Alvaro Lopez Tardon of Miami Beach, Fabiani Krentz and David William Pollack of Miami and Artemio Lopez Tardon of Madrid, Spain, with a conspiracy to launder over $26 million in drug proceeds. Vincente Orlando Cardelle of Miami is also charged with bulk cash smuggling. This Indictment is being unsealed in conjunction with the arrests of numerous co-conspirators throughout Spain by the Spanish National Police.

It is alleged that Alvaro Lopez Tardon (Alvaro) and his brother Artemio Lopez Tardon (Artemio), through a network of contacts in Colombia and with the assistance of Alvaro’s right-hand man David William Pollack (Pollack), arranged for the laundering of proceeds from multi-hundred kilogram quantities of cocaine smuggled from Colombia to Spain. Once in Spain, the cocaine was processed and distributed and the drug proceeds collected by other co-conspirators. Artemio, who lives in Spain, would then send Alvaro’s money to the United States either by courier or via wire transfers. Once the money was in Miami, Fabiani Krentz (Krentz) and Pollack would assist Alvaro in laundering the money through the purchase of real estate and exotic automobiles. Conservatively, from 2004 to the present, it is alleged that Alvaro has received over $26,000,000 in drug proceeds from Spain.

On April 12, 2011, Vincente Orlando Cardelle, an associate of Alvaro, was stopped at Miami International Airport, on his way to Madrid, Spain and 21,605 euros believed to be proceeds from the sale of cocaine were seized from him.

The real estate purchased by Alvaro and his associates includes condos at 100 South Point Drive, Miami Beach, FL; 1000 South Point Drive, Miami Beach, FL; 1155 Brickell Bay Drive, Miami, FL; and 325 S. Biscayne Boulevard, Miami, FL.

The exotic automobiles include a Bugatti Veyron, a Ferrari Enzo, a Rolls-Royce Ghost, a Mercedes-Benz SLR McLaren, a Mercedes-Benz Maybach 57S, a Bentley Continental GT, an Aston Martin DB9, a Lamborghini Murceliago, a Lamborghini Gallardo, an Audi R8 and other Mercedes-Benz and BMWs.

If convicted, Alvaro, Artemio, Krentz and Pollack each face a maximum term of imprisonment of 20 years. If convicted, Cardelle faces a maximum term of imprisonment of 5 years.

“International money launderers can no longer seek refuge behind jurisdictional barriers. The outstanding cooperation among international law enforcement agencies and governments leaves no place to hide for those who profit from the drug trade,” said United States Attorney Wifredo Ferrer.

“From the beaches of Miami to the shores of Spain, the fight against crime has no boundaries,” said Special Agent in Charge John V. Gillies of the FBI Miami Division. “This is another outstanding example of an international partnership, this time with the Spanish National Police, that disrupted a major drug organization”.

This Indictment is the result of the ongoing efforts by the Organized Crime Drug Enforcement Task Force (OCDETF), a partnership between federal, state and local law enforcement agencies. The OCDETF mission is to identify, investigate, and prosecute high level members of drug trafficking enterprises, bringing together the combined expertise and unique abilities of federal, state and local law enforcement.

Mr. Ferrer and Mr. Gillies would like to commend the US Immigration and Customs Enforcement’s Homeland Security Investigations, the Coral Gables Police Department, the US Drug Enforcement Administration, US Immigration and Customs Enforcement, the Internal Revenue Service, Criminal Investigation Division, the Miami Police Department, the Miami-Dade Police Department, the Miami Gardens Police Department, the Monroe County Sheriff’s Office, the North Bay Village Police Department and the Spanish National Police for their assistance with this investigation.

The case is being prosecuted by Assistant United States Attorney Tony Gonzalez and is before Judge Joan A. Lenard.

An Indictment is only an accusation, and a defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.”

To find additional federal criminal news, please read The Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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