Tension grows between Calif. Muslims, FBI after informant infiltrates mosque (2010)1 mei 2014
IRVINE, CALIF. – Before the sun rose, the informant donned a white Islamic robe. A tiny camera was sewn into a button, and a microphone was buried in a device attached to his keys.
“This is Farouk al-Aziz, code name Oracle,” he said into the keys as he sat in his parked car in this quiet community south of Los Angeles. “It’s November 13th, 4:30 a.m. And we’re hot.”
The undercover FBI informant – a convicted forger named Craig Monteilh – then drove off for 5 a.m. prayers at the Islamic Center of Irvine, where he says he spied on dozens of worshipers in a quest for potential terrorists.
Since the 2001 terrorist attacks, the FBI has used informants successfully as one of many tactics to prevent another strike in the United States. Agency officials say they are careful not to violate civil liberties and do not target Muslims.
But the FBI’s approach has come under fire from some Muslims, criticism that surfaced again late last month after agents arrested an Oregon man they said tried to detonate a bomb at a Christmas tree-lighting ceremony. FBI technicians had supplied the device.
In the Irvine case, Monteilh’s mission as an informant backfired. Muslims were so alarmed by his talk of violent jihad that they obtained a restraining order against him.
He had helped build a terrorism-related case against a mosque member, but that also collapsed. The Justice Department recently took the extraordinary step of dropping charges against the worshiper, who Monteilh had caught on tape agreeing to blow up buildings, law enforcement officials said. Prosecutors had portrayed the man as a dire threat.
Compounding the damage, Monteilh has gone public, revealing secret FBI methods and charging that his “handlers” trained him to entrap Muslims as he infiltrated their mosques, homes and businesses. He is now suing the FBI.
Officials declined to comment on specific details of Monteilh’s tale but confirm that he was a paid FBI informant. Court records and interviews corroborate not only that Monteilh worked for the FBI – he says he made $177,000, tax-free, in 15 months – but that he provided vital information on a number of cases.
Some Muslims in Southern California and nationally say the cascading revelations have seriously damaged their relationship with the FBI, a partnership that both sides agree is critical to preventing attacks and homegrown terrorism.
Citing Monteilh’s actions and what they call a pattern of FBI surveillance, many leading national Muslim organizations have virtually suspended contact with the bureau.
“The community feels betrayed,” said Shakeel Syed, executive director of the Islamic Shura Council of Southern California, an umbrella group of more than 75 mosques.
“They got a guy, a bona fide criminal, and obviously trained him and sent him to infiltrate mosques,” Syed said. “And when things went sour, they ditched him and he got mad. It’s like a soap opera, for God’s sake.”
FBI and Justice Department officials say that the Monteilh case is not representative of their relations with the Muslim community and that they continue to work closely with Muslims in investigating violence and other hate crimes against them. Officials also credit U.S. Muslims with reporting critical information in a variety of counterterrorism cases.
The bureau “relies on the support, cooperation and trust of the communities it serves and protects,” FBI spokesman Michael Kortan said, adding that agents conduct investigations “under well-defined investigative guidelines and the law, and in close coordination with the Department of Justice.”
Officials said they have gone to great lengths to maintain good relationships with Muslims, including meetings hosted by Attorney General Eric H. Holder Jr. Last week, FBI officials met to discuss law enforcement and other issues with predominantly Muslim Somali community members in San Diego and Minneapolis.
Steven Martinez, assistant director in charge of the FBI’s Los Angeles field office, declined to comment on Monteilh, citing Monteilh’s lawsuit. He said that in certain circumstances, if there is evidence of a crime, FBI agents may “conduct an activity that might somehow involve surveillance in and about a mosque.”
But he said the agency does not target people based on religion or ethnicity.
“I know there’s a lot of suspicion that that’s the focus, that we’re looking at the mosques, monitoring who is coming and going. That’s just not the case,” he said.
The ‘chameleon’
Monteilh’s career as an informant began in 2003. Like many other informants, he was familiar with the inside of a prison cell. He had just finished a sentence for forging bank notes when local police officers he met at a gym asked him to infiltrate drug gangs and white supremacist groups for a federal-state task force.
“It was very exciting,” Monteilh said in an interview with The Washington Post. “I had the ability to be a chameleon.”
Monteilh, who stands over 6 feet tall and weighs 260 pounds, had worked as a prison chaplain before he was incarcerated. Married with three children, the Los Angeles native said that after he became an informant, an FBI agent on the task force sought him out. Law enforcement sources, who spoke on the condition of anonymity because they were not authorized to speak publicly about informants, said Monteilh was promoted from drug and bank robbery cases because his information was reliable and had led to convictions.
In early 2006, Monteilh said, he met with his FBI handler at a Starbucks.
“She asked if I wanted to infiltrate mosques,” he said. At a follow-up session at a doughnut shop, he said, his new handler told him that “Islam is a threat to our national security.”
Law enforcement sources said that the FBI trained Monteilh and that he aided an existing investigation. Monteilh, however, said he was ordered to randomly surveil and spy on Muslims to ferret out potential terrorists. Agents, he said, provided his cover: Farouk al-Aziz, a French Syrian in search of his Islamic roots. His code name was “Oracle.”
Monteilh said he was instructed to infiltrate mosques throughout Orange and two neighboring counties in Southern California, where the Muslim population of nearly 500,000 is the nation’s largest. He was told to target the Islamic Center of Irvine, he said, because it was near his home.
FBI tactics were already a sensitive issue at the Irvine mosque, a stucco, two-story building that draws as many as 2,000 people for Friday prayers. With tensions rising between law enforcement and Muslims over allegations of FBI surveillance, J. Stephen Tidwell, then head of the FBI’s Los Angeles office, spoke at the mosque in June 2006.
“If we’re going to mosques to come to services, we will tell you,” he said, according to a video of his speech. “. . . The FBI will tell you we’re coming for the very reason that we don’t want you to think you’re being monitored. We would come only to learn.”
Two months later, in August 2006, Monteilh arrived at the same mosque. He had called earlier and met with the imam. That Friday, he took shahada, the Muslim declaration of faith, before hundreds of worshipers.
Worshipers said that in Monteilh’s 10 months at the mosque, he became almost manic in his devotion, attending prayers five times a day and waiting in the parking lot before the 5 a.m. prayer. Monteilh said he was told by the FBI to take notes on who opened the mosque each day.
Worshipers said his Western clothes gave way to an Islamic robe, a white skullcap and sandals, an outfit Monteilh said was chosen by his handlers. As he grew closer to Muslims, he said, the FBI told him to date Muslim women if it gained him intelligence.
Worshipers noticed that Monteilh often left his keys around the mosque, said Hussam Ayloush, executive director of the Los Angeles chapter of the Council on American-Islamic Relations, who speaks often at the mosque.
“It seemed strange to people,” Ayloush said.
Inside the car remote on the bundle of keys was a microphone that recorded Muslims at the mosque, in their homes and at a local gym. Monteilh, who told people he was a fitness trainer, used the gym to seek out Muslim men.
“We started hearing that he was saying weird things,” said Omar Kurdi, a Loyola Law School student who knew Monteilh from the mosque and gym. “He would walk up to one of my friends and say, ‘It’s good that you guys are getting ready for the jihad.”
Worshipers said Monteilh gravitated to Ahmadullah Sais Niazi, an Afghan-born Arabic-language instructor who was a regular at Friday prayers.
In May 2007, Monteilh said he recorded a conversation about jihad during a car ride with Niazi and another man. Monteilh said he suggested an operation to blow up buildings and Niazi agreed. An FBI agent later cited that and other taped conversations between the two in court as evidence that Niazi was a threat.
A few days later, Ayloush got an anguished phone call from Niazi and the other man in the car.
“They said Farouk had told them he had access to weapons and that they should blow up a mall,” Ayloush recalled. “They were convinced this man was a terrorist.”
Ayloush reported the FBI’s own informant to the FBI. He said agents interviewed Niazi, who gave them the same account, but the agency took no action against Monteilh.
Still, Monteilh’s mission was collapsing. Members of the mosque told its leaders that they were afraid of Monteilh and that he was “trying to entrap them into a mission,” according to Asim Khan, the former mosque president. The mosque went to Orange County Superior Court in June 2007 and obtained a restraining order against Monteilh, court records show.
Soon afterward, Monteilh said FBI agents “told me they wanted to cut me loose.” After he vowed to go public, he said, he met with three agents at the Anaheim Hilton, where an FBI supervisor threatened him with arrest.
“She said, ‘If you reveal your informant status to the media, it will destroy the Muslim community’s relationship with the FBI forever.” Monteilh said.
The FBI declined to comment on Monteilh’s allegation.
At a subsequent meeting, Monteilh said, he signed a non-disclosure agreement in exchange for $25,000 in cash. An FBI letter to Monteilh’s attorney, on file in U.S. District Court in Santa Ana, says Monteilh signed the non-disclosure agreement in October 2007.
But Monteilh was arrested in December 2007 on a grand-theft charge and ended up back in jail for 16 months. In January, he sued the FBI, alleging that the bureau and Irvine police conspired to have him arrested, then allowed his informant status to become known in prison, where he was stabbed.
The FBI and police have denied the allegations, and the lawsuit was dismissed on jurisdictional grounds. But the judge allowed Monteilh to file an amended complaint, with similar allegations, in September. The case is pending.
A case unravels
In the meantime, the case against Niazi unfolded. He was indicted in February 2009 by a federal grand jury on charges of lying about his ties to terrorists on immigration documents. In court, prosecutors said that jihadist materials were found on Niazi’s computer and that he had wired money to an alleged al-Qaeda financier. Prosecutors said he is the brother-in-law of Osama bin Laden’s security coordinator. Much of the evidence was FBI testimony about Niazi’s recorded conversations with an FBI informant, who sources say was Monteilh.
“Frankly, there is no amount of bail or equity in a home that can protect the citizens of this community” from Niazi, Assistant U.S. Attorney Deirdre Eliot said in arguing for his detention.
Within days of Niazi’s indictment, Monteilh revealed his informant status in a series of interviews with Los Angeles area media.
“I think the FBI treated me with the utmost treachery,” he said in the interview with The Post.
In subsequent months, Monteilh sought out Niazi’s attorneys and told them he was ordered to entrap their client.
A year and a half later, on Sept. 30, prosecutors summarily moved to dismiss the case against Niazi, and a judge agreed. The U.S. attorney’s office in Los Angeles cited the lack of an overseas witness and “evidentiary issues.” Sources familiar with the decision said Monteilh’s role – and his potential testimony for the defense – was also a factor.
Niazi declined to comment. His attorney Chase Scolnick said he is “very pleased with the outcome. It is a just result.”
In recent weeks, Monteilh said, he has been approaching Muslims at a local gym and apologizing for “disrespecting their community and religion.” Monteilh, who is now unemployed, says he regrets his role in the Niazi case and was glad when the charges were dropped.
On a recent Friday, more than 200 men sat on the carpet for prayers inside the Irvine mosque, most of them in khakis or jeans. During the sermon, the imam offered some advice.
“If an FBI agent comes in and says, ‘You’re under arrest,’â??” he told the crowd, they should pray to Allah – and then call a lawyer.
As worshipers milled around outside, they said they support the FBI’s role in fighting terrorism but feel betrayed by the infiltration of their sacred place.
“The FBI wants to treat the Muslim community as a partner while investigating us behind our backs,” said Kurdi, the Loyola student. “They can’t have it both ways.”
Staff researcher Julie Tate contributed to this report.
By Jerry Markon
Washington Post Staff Writer
Sunday, December 5, 2010; 12:47 AM
Find this story at 5 December 2010
© 2010 The Washington Post Company
Muslim Americans Who Claim FBI Used No-Fly List to Coerce Them Into Becoming Informants File Lawsuit1 mei 2014
Naveed Shinwari is one of four American Muslims who filed suit against the government this week for placing them on the U.S. “no-fly list” in order to coerce them into becoming FBI informants. The plaintiffs say the government refuses to explain why they were named on the no-fly list. They also believe that their names continue to be listed because they would not agree to become FBI informants and spy on their local communities. “It’s very frustrating, you feel helpless,” Shinwari says. “No one will tell you how you can get off of it, how you got on it. It has a profound impact on people’s lives.” We are also joined by Shayana Kadidal, senior managing attorney at the Center for Constitutional Rights, which is seeking to remove the men from the no-fly list and establish a new legal mechanism to challenge placement on it.
TRANSCRIPT
This is a rush transcript. Copy may not be in its final form.
JUAN GONZÁLEZ: We begin today’s show with the story of four American Muslims who say they were placed on the U.S. no-fly list by the FBI after they refused to become government informants. They say they were barred from flying, not because they were accused of any crime, but because they refused government requests to spy on their own communities. On Tuesday night, the men filed a lawsuit seeking their removal from the no-fly list, as well as a new legal mechanism to challenge placement on it.
The New York Times reports the list, officially called the Terrorist Screening Database, has grown to at least 700,000 people. The government refuses to reveal who is on the list, how one can get off it, and what criteria are used to place someone on it in the first place.
AMY GOODMAN: Well, for more, we’re joined by Naveed Shinwari, one of the four American Muslims filing a lawsuit accusing the FBI of unjustly placing them on the no-fly list and trying to coerce them to spy on their community. Also with us is Shayana Kadidal, senior managing attorney at the Center for Constitutional Rights. CCR is representing the four men, along with the City University of New York’s Creating Law Enforcement Accountability & Responsibility program, or CLEAR.
We welcome you both to Democracy Now! Naveed, let’s begin with you. Tell us your story. What happened?
NAVEED SHINWARI: Thank you, first of all, for having us. I’ve been a big fan of the show since college days.
Well, in October 2011, I went on a Hajj pilgrimage, religious pilgrimage, with my mother. And after that, we went to Afghanistan, and that’s where I got married, too. On the way coming back, late February of 2012, I got—I was trying to obtain a boarding pass in Dubai. My flight was from Kabul to Dubai and then to Houston. And I was denied boarding pass in Dubai. I was told that I had to go outside and meet with the immigration, U.S. immigrations, or the embassy, consulate. I had to obtain a temporary visa. And my mother and I, we went out, out of the airport.
And then I was interrogated by two FBI agents for roughly about four hours, and I was told to—I was pressured to give them everything that I knew in order to go back home. And then they will—the more that I give them, the better chances of me coming back home that I had. I was told to take a lie detector test, and they wanted to take photos with their phone of mine, and which, both of them, I refused, because I was very truthful to them from the beginning.
Finally, after five days, we were able to—we had to buy new tickets, and we were able to come to the U.S. Then I was interrogated at the airport in Washington by a couple of FBI agents. And then I had several visits in my house. In March of 2012, I found out that I was on the no-fly list, when I had a flight to Orlando for a job. And in the airport, I was escorted by police officers telling me that I could not fly anymore. That’s the first time I found out.
JUAN GONZÁLEZ: When you say they interrogated you the first time around, what kinds of questions were they asking you?
NAVEED SHINWARI: They told me to “tell us everything. And where did you been—where have you been? And have you attended any training camps in Afghanistan, or even to Pakistan?” And to all of those questions, my answer was negative. If you met individuals that pose a threat to national security, and my answer was negative, of course.
AMY GOODMAN: What are your feelings about being on the no-fly list? How has it affected your life? Where is your wife now, by the way?
NAVEED SHINWARI: She’s in Afghanistan, and it’s been 26 months, counting, that I have not seen her.
AMY GOODMAN: For more than two years.
NAVEED SHINWARI: That’s correct. I spent a month with her, and then I had to leave. And then, ever since, I haven’t been able to go back.
AMY GOODMAN: Shayana Kadidal, what is the legality of this?
SHAYANA KADIDAL: Well, I think it’s completely illegal. You know, most people find out that they’re on the list the same way Naveed did. They try to fly, and then they’re denied boarding, and sometimes a gate agent will tell them, “Well, you’re on this list.”
Now, there’s a process to challenge it, nominally, through the Department of Homeland Security, but when you file a complaint, you never get told whether or not you’re on the list or whether you’ve been removed from the list. The government never tells us what the criteria for being on the list is. We think it has something to do with whether you’re a threat to civil aviation, whatever that means, but they’ve never sort of published a definition, and they never tell you what evidence, you know, they’ve used to put you on there, right?
And a lot of times, I don’t think the government knows what evidence they’ve used to put you on there, because a field-level FBI agent, for all practical purposes, can nominate someone like Naveed. Those guys who interviewed him in Dubai could do it on their own discretion, just as if a New York City beat cop could put you on the no-fly list. And it’s basically a rubber stamp, the level of review that it gets once it goes into the Terrorist Screening Center that runs the list.
So, you know, you get this situation that’s ripe for abuse. And Naveed, like our other clients, you know, I think the FBI put him on the list basically because they knew there was no process where he could challenge it, where he could get off, other than coming to court, like we have now, and therefore they could use it very effectively to twist their arms to work and spy on completely innocent members of their Muslim community.
JUAN GONZÁLEZ: Right, and this issue of some of your clients being—or your clients being asked to spy on their communities, could you elaborate on that?
SHAYANA KADIDAL: Sure. Well, so you see Naveed, you know, answered all those questions negatively and was still—and still ended up on the list, right? They are asking people not to spy on friends and family and acquaintances who the government suspects of involvement in crime or terrorism; they’re asking them to troll the Muslim community for information. You know, it’s the same mentality as underlies the NSA surveillance programs, right? Gather every bit of information on civil society, and then we’ll figure out why we wanted it later.
AMY GOODMAN: Aviation security specialist Glenn Winn told San Diego news station 6 that people are not put on the no-fly list arbitrarily.
GLENN WINN: There’s something has arisen in his background, and it has restricted his movement on a U.S. carrier of the United States, i.e. a threat.
AMY GOODMAN: Shayana Kadidal, your response?
SHAYANA KADIDAL: I mean, I think, you know, the most obvious response to that is to look at the Rahinah Ibrahim case that was just litigated out on the West Coast and where the government for eight years fought, you know, invoking every secrecy doctrine you can imagine, to resist telling a former Stanford Ph.D. student whether or not she was on the list. Turned out they had accidentally put her on the list because an FBI agent had kind of incompetently checked the “yes” box instead of not checking it as he intended to. They took her off the list in 2005, and yet they fought for eight years in court to avoid having to tell her that and to really avoid telling the public that they made a spectacular mistake.
JUAN GONZÁLEZ: Well, in December, we spoke about the hidden cost of being placed on the no-fly list with the lawyer for Stanford University student Rahinah Ibrahim. Ibrahim sued the U.S. government after her name was placed on the no-fly list and she was barred from flying back from Malaysia to the United States in 2005 to complete her studies at Stanford. This is her attorney, Anya Bernstein.
ANYA BERNSTEIN: People are harmed by being on these watch lists. They’re harmed by being not allowed to fly. They’re also harmed by being subject to a lot more scrutiny from law enforcement officers every time they run into them. So if you’re on a watch list like this and you are stopped for speeding, the officer runs your license through a computer system, and he’s informed that you’re on the watch list. And then, naturally, he’s going to be paying a lot more attention to you; you’re much more likely to be arrested and to receive a certain kind of treatment. So, those are—those are more due process rights that may be infringed, and those are kind of the obvious costs of the terrorist watch lists.
The hidden costs are the systemic costs that people don’t really talk about as much, such as the effects on policy. So, one of the striking things about these watch lists is that, as far as we know, there is absolutely no mechanism for the agencies who run them to assess how well they’re doing. There’s nothing built into the system for people to review and say, “10 years ago we thought this was a bad guy. How did that turn out? How did our prediction pan out? And if it didn’t pan out, maybe we’re doing something wrong. What should we change?” So, one of the hidden costs is the bloating of the watch list with lots and lots of people who are most likely or even definitely not harmful and don’t pose a threat, and yet give us the impression that the main danger we face today is terrorism.
JUAN GONZÁLEZ: That was Anya Bernstein, attorney for the only person who has been able to successfully challenge being on the no-fly list. The impact on you and other people that you personally have been acquainted with who might have also been placed on the no-fly list?
NAVEED SHINWARI: It’s very frustrating, and you feel helpless. No one will tell you how you can get off of it, how you got on it. And it has a profound impact on people’s lives, and it has had a big impact on my life and on my family. And so, this is one of the reasons that I wanted to come out, was to—that there might be a lot of people that are afraid to speak up. And I wanted to—you know, I wanted to come out and show to everyone that, you know what, you don’t have to be afraid in this country, and you can come out and speak your mind, and we have to come together in order to resolve these kind of programs and these sort of issues.
AMY GOODMAN: Shayana, can you describe the other men who are suing?
SHAYANA KADIDAL: Sure. Well, you know, so Naveed hasn’t seen his wife in 26 months, right? We have another plaintiff who hasn’t seen his wife and his three small daughters for five years because he’s on the no-fly list. You know, all of our clients have family overseas. Two are Pakistani-American. Naveed’s Afghan-American. One’s Yemeni-American. And, you know, another client has a 93-year-old grandmother in Pakistan who’s begging to see him, because she’s gravely ill, she can’t travel here. You know, this woman raised him, and he can’t fly back there because he’s on this list. It’s devastating, you know, and there’s a stigmatic element to it, too. You know, there are people in the community who have turned away from some of our clients, because they wonder, you know, why did the government put them on this list. Surely there must be some reason, right?
JUAN GONZÁLEZ: And could you talk about this in the context of the other instances of surveillance of the Muslim community in the United States? Obviously, in New York City we had the notorious example, now stopped by the de Blasio administration, of conducting random surveillances of the Muslim community.
SHAYANA KADIDAL: Mm-hmm, right. Well, I think, you know, we have—you know, after 12 years since 9/11, 13 years, we have a huge, very well-financed infrastructure for counterterrorism, and it—you know, it generates a need, pressure to produce, quote-unquote, “results,” right? So FBI agents feel pressure to hit numerical quotas to produce a certain number of, quote-unquote, “informers.” Doesn’t matter whether the, you know, quote-unquote, “informers” have any tie to crime or terrorism or whether the people they know do, either, right? It’s, again, part of this program of just surveilling the community for surveillance’s sake.
AMY GOODMAN: A pro-Palestinian activist named Kevin Iraniha said he was mysteriously questioned by the FBI after a trip he took to the Middle East. He later found himself on a no-fly list while trying to fly to San Diego from Costa Rica. The law student reportedly returned to California by flying to Mexico and then walking across the border. He addressed supporters after returning home.
KEVIN IRANIHA: I’m happy to be home, finally, in my own hometown, you know, where I was born and raised. You see my bloodshot eyes. I’m still—I’m still going through it. It’s very tiring, and it was very depressing. This is very disappointing for anybody—to happen to anybody, you know, especially if they were born and raised here, or anybody on—outside also, as well.
AMY GOODMAN: Kevin is a U.S. citizen, and so he holds this news conference. Naveed, you’re here talking publicly. What about the repercussions for you? Are you concerned about any, about how people will view you?
NAVEED SHINWARI: Yes. Even within my household, there were—they were not in favor of me coming out. And they thought that this might make your situation difficult in bringing your wife here in the future. So that’s even within my house. Outside, many friends and family were against this, as well, too. But in every civil rights case, or whenever civil rights are violated or abused, people have to speak out. And if I don’t do it, who else will do it? So there are 16,000 to 21,000 people on this list, and the majority of them are innocent people, and they don’t know what they have done wrong. And I think we—it’s about time we need some openness to this program.
AMY GOODMAN: Well, Naveed, we want to thank you for coming to Democracy Now! and telling your story. Naveed Shinwari is one of four American Muslims who filed a lawsuit accusing the FBI of unjustly placing them on the no-fly list and trying to coerce them to spy on their community. He has not seen his new wife in more than two years. Shayana Kadidal is senior managing attorney at the Center for Constitutional Rights.
This is Democracy Now! When we come back, a federal court has ruled that a memo must be released that explains the rationale for killing the Awlakis, Anwar al-Awlaki and his son Abdulrahman, as well as other American citizen, Samir Khan. Stay with us.
THURSDAY, APRIL 24, 2014
Find this story at 24 April 2014
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No-fly list used by FBI to coerce Muslims into informing, lawsuit claims1 mei 2014
Case highlights plight of people wrongfully added to database who face lengthy, secretive process to clear their names
Innocent people are being put on no-fly list as coercion or punishment by the FBI, a lawsuit alleges.
Naveed Shinwari hasn’t seen his wife in 26 months. He suspects it’s because he refused to become an informant for the FBI.
In February 2012 Shinwari, who has lived in the US since he was 14, flew to Afghanistan to get married. He says that before he could get home to Omaha, Nebraska, he was twice detained and questioned by FBI agents who wanted to know if he knew anything about national security threats. A third FBI visit followed when he got home.
The following month, after Shinwari bought another plane ticket for a temporary job in Connecticut, he couldn’t get a boarding pass. Police told him he had been placed on the US no-fly list, although he had never in his life been accused of breaking any law. Another FBI visit soon followed, with agents wanting to know about the “local Omaha community, did I know anyone who’s a threat”, he says.
“I’m just very frustrated, [and I said] what can I do to clear my name?” recalls Shinwari, 30. “And that’s where it was mentioned to me: you help us, we help you. We know you don’t have a job; we’ll give you money.”
Shinwari is one of four American Muslims in a new lawsuit who accuse the FBI of placing them on the no-fly list, either to intimidate them into becoming informants or to retaliate against them for declining.
Filed on Tuesday night in the US district court for the southern district of New York, the case accuses the US attorney general, Eric Holder, the FBI director, James Comey, the homeland security secretary, Jeh Johnson, and two dozen FBI agents of creating an atmosphere in which Muslims who are not accused of wrongdoing are forbidden from flying, apparently as leverage to get them snitching on their communities.
Their lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest placement upon it.
“This policy and set of practices by the FBI is part of a much broader set of policies that reflect overpolicing in Muslim-American communities,” said Diala Shamas, one of the lawyers for the four plaintiffs.
In recent years Muslim community leaders in the US have stated that they feel law enforcement at times considers them a target, particularly thanks to mosque infiltrations and other surveillance practices. Material demonizing Muslims and Islam has been present in FBI counter-terrorism training, which the bureau has conceded was inappropriate. The New York police department recently shut down a unit tasked with spying on Muslim businesses, mosques and community centers in New York and New Jersey.
Like his co-plaintiffs Shinwari does not know for sure that the FBI deliberately placed him on the no-fly list as either a punitive measure or a pressure tactic.
Their four stories differ in important respects.
Jameel Algibhah of the Bronx alleges that the FBI explicitly asked him to infiltrate a Queens mosque and pose as an extremist in online forums. But they have in common an allegation of an implied quid pro quo. “We’re the only ones who can take you off the list,” an unnamed FBI agent who wanted Algibhah to inform to is alleged to have told him.
Their case follows at least one other, brought by the ACLU in Oregon, that alleges the FBI attempted to leverage no-fly selectees into informants. That case also challenges as insufficient the process afforded to people seeking to remove themselves from the list.
Shinwari, who now lives in Connecticut and works for a temp agency, has not attempted to return to Afghanistan to see his wife. While he was able to board a flight last month, he wonders if he received a reprieve from the no-fly list that the FBI offered to him in 2012 as enticement. Repeated attempts to formally remove himself from the list resulted in vague and inconclusive notifications from the government – which he, his co-plaintiffs and his lawyers contend feeds into the problem.
The no-fly list is among the most opaque post-9/11 measures. It is maintained by the FBI and implemented at airports by the Department of Homeland Security. Few know they’ve been placed on it, and those who do face a complicated redress process to have themselves removed. The new lawsuit alleges that the opacity contributes to watchlist abuse.
According to the FBI’s Terrorist Screening Center, which maintains the list, there were approximately 16,000 people, fewer than 500 of them Americans, on the no-fly list as of September 2011.
A larger pool of data that feeds the no-fly list and other government watchlists, known as the Terrorist Screening Database, contemporaneously contained records of 420,000 people. Famously it included Nelson Mandela until 2008. The government’s policy is to not to confirm or deny someone’s placement upon a watchlist.
Several earlier lawsuits have attempted to get people off the no-fly list. In February Rahinah Ibrahim became the first since 9/11 to win such a case, after demonstrating that the FBI adder her name by mistake. She had been unable to fly since 2004.
The criteria for inclusion on the list are unclear. In a March 2011 federal court filing Christopher Piehota, the current director of the Terrorist Screening Center, affirmed that FBI agents could nominate candidates to it.
Inclusion on the broader Terrorist Screening Database depends upon “whether there is reasonable suspicion to believe that a person is a known or suspected terrorist”, Piehota, then the deputy director of the Terrorist Screening Center, told the eastern district court of Virginia.
“Mere guesses or ‘hunches,’ or the reporting of suspicious activity alone is not enough to constitute a reasonable suspicion and are not sufficient bases to watchlist an individual.” Audits and other quality control measures were periodic, Piehota told the court.
An ACLU study last month challenged that criterion. “It is not at all clear what separates a reasonable-suspicion-based-on-a-reasonable-suspicion from a simple hunch,” it said, calling inclusion on a government watchlist a potentially “life-altering” experience.
A redress system for thwarted travelers was operated by the Department of Homeland Security and referred complaints to the FBI, Piehota further affirmed. A subsequent records check determined “whether the complainant’s current status in the TSDB [Terrorist Screening Database] is suitable based on the most current, accurate and thorough information available”.
The process was entirely internal, with DHS informing the would-be traveler what the system had determined “without disclosing the traveler’s status in the TSDB”, Piehota said.
A study by the justice department’s inspector general, partially declassified on 25 March, painted a mixed picture of the FBI’s watchlisting processes. “Subjects of closed terrorism investigations were removed from the watchlist when the case was closed,” it found, but it noted the FBI was “not timely in submitting watchlist nomination and removal packages for individuals not under investigation by the FBI”. In such cases it took the FBI a median of 78 days to remove people from the lists.
“Because non-investigative subjects may be retained on the watchlist for an extended period of time, this subset of watchlist practices will continue to grow throughout the years,” the inspector general’s report said.
The FBI declined to comment on the allegations in the new lawsuit, which was filed by the Center for Constitutional Rights and the Creating Law Enforcement Accountability & Responsibility project at the City University of New York.
Shinwari said his placement on the no-fly list and his dealings with the FBI had a chilling effect. “I don’t want to open up to people any more, or express myself politically or otherwise. It’s definitely had an effect on me participating in my local mosque,” he said.
“I just want to see some changes to this process, and openness and transparency would be good. That’s what Obama originally ran for.”
Spencer Ackerman in New York
theguardian.com, Wednesday 23 April 2014 03.00 BST
Find this story at 23 April 2014
© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.
THE FBI IS TRYING TO RECRUIT MUSLIMS AS SNITCHES BY PUTTING THEM ON NO-FLY LISTS1 mei 2014
Dr Rahinah Ibrahim is not a national security threat.
The federal government even said so.
It took a lawsuit that has stretched for eight years for the feds to yield that admission. It is one answer in a case that opened up many more questions.
Namely: How did an innocent Malaysian architectural scholar remain on a terrorism no fly-list – effectively branded a terrorist – for years after a FBI paperwork screw up put her there? The answer to that question – to paraphrase a particularly hawkish former Secretary of Defense – may be unknowable.
Last week, there was a depressing development in the case. A judge’s decision was made public and it revealed that the White House has created at least one “secret exception” to the legal standard that federal authorities use to place people on such lists. This should trouble anyone who cares about niggling things like legal due process or the US Constitution. No one is clear what the exception is – because it’s secret, duh – meaning government is basically placing people on terror watchlists that can ruin their lives without explaining why or how they landed on those lists in the first place.
This flies in the face of what the government has told Congress and the American public. Previously, federal officials said that in order to land on one of these terror watchlists, someone has to meet a “reasonable suspicion standard”. That means there have to be clear facts supporting the government’s assertion that the individual in question is, you know, doing some terrorist shit. Which seems like a good idea.
But not any more, apparently.
Dr Rahinah Ibrahim (Photo via University Putra Malaysia)
Ibrahim, a Muslim who is currently the Dean of Architecture at University Putra Malaysia, was placed on the federal no-fly list in late 2004. She was removed from that specific list the following year, but her name remained on federal terrorism watchlist databases. Her daughter, a US citizen, was also watchlisted. Ibrahim was arrested at San Francisco International Airport while she was enrolled as a PhD student at Stanford University. She was not charged with any crime, but her student visa was revoked; later attempts at obtaining a new visa were denied. She sued the US government in 2006, basically saying that what the federal authorities did was illegal. Eight long years of litigation followed.
She found herself in a guilty-until-proven innocent legal quagmire. Perhaps most importantly, she was never given an explanation as to what landed her on this list. For that answer, she is still waiting. The government would ultimately concede that she had never posed a national security threat. In January, the court found the US government violated her due process rights.
During the case, there was one clue as to what may have convinced the US that Ibrahim was a potential terrorist. She belongs to a women’s economic organisation called Jamaah Islah Malaysia – there have been rumours that the FBI confused this with the terrorist group Jemaah Islamiyah.
Which would obviously be a really, really dumb thing for an investigative agency to do.
Ibrahim’s attorney, Elizabeth Pipkin, says she can’t say for sure how the authorities first became interested in her client. “That was speculation on our part,” she said. “The sad thing is, even after eight years of litigation, we weren’t able to get to the bottom of what was the underlying information that lead an FBI agent to her door and brought this whole thing about.”
But as great as a “Feds Suck at Googling” headline would be, it could be even more simple and ridiculous. According to one judge, an FBI agent made a basic paperwork error by filling out the form the opposite way from the instructions – ticking the lists she thought Ibrahim should not be on rather than the ones that she should. That screw up might be to blame for turning eight years of her life into a hellish pit of litigation.
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The real criteria of the no-fly list – if there is one – remains cloaked in secrecy. In America’s post-9/11 fever dream, it’s looking increasingly like the government has targeted Muslims who have no connection to terrorism on such lists, in the hope of developing informants, according to multiple ongoing federal lawsuits. (More on that in a minute.) And once you’re on these lists and terrorist databases, it’s a bitch to clear your name, as Ibrahim found out.
Pipkin says the only historical precedent for a like-minded programme occurred during the McCarthy era back in the 1950s, when the government denied passports for people who were suspected communists. It would appear the G-men of the 21st century are ripping a page right out of J Edgar Hoover’s playbook. When the Red Scare was all the rage, a case challenging such a policy went all the way to the US Supreme Court, which found that if someone is deprived of their right to travel, the government has to say why – something the authorities have failed to do in Ibrahim’s case.
As head of the FBI, J Edgar Hoover ran roughshod over civil liberties during the 1950s, during which time one US policy tried to prevent passports from being issued to suspected communists.
(Photo via)
In other words, it’s secret law: the government is deciding it doesn’t like you for some reason and punishing you, but declining to say what exactly you did to trigger the punishment. People like Ibrahim are stuck in a legal no-man’s land, where they can’t fly but they have not been charged with a crime.
“The assertion of executive privilege in this case was extreme and the secrecy that was asserted by the federal government with respect to its action here are really hard to stomach when you believe that this should be a democratic country,” said Pipkin.
Ibrahim is not the only Muslim to be caught in an extrajudicial limbo.
Gulet Mohamed, a US citizen of Somali descent, is also currently challenging his placement on a no-fly list. Mohamed has not been charged with any crime, but his placement on the list left him stranded in Kuwait for a month from December 2010 to January 2011. His designation prevented him from flying home. During his confinement, US authorities grilled him about his travels in Somalia and Yemen, but Mohamed denied having contact with militants. Mohamed, then still a teenager, says he was beaten and that federal agents made him an offer of becoming an informant, which he turned down. Ultimately, he was allowed back into the US in January 2011. This January, a federal judge ruled that he had a right to challenge his placement on the list.
His attorney, Gadeir Abbas, of the Council on American-Islamic Relations, said the watchlist policy violates due process rights guaranteed by the US Constitution.
“We know that whatever it was that interested them in Gulet, it was not enough for them to press charges against him, and if you can’t test your allegations through the criminal process, then what, exactly, are you doing?” he asked.
Abbas said that Federal authorities have significantly expanded the use of such watchlists since that guy decided to ring in Christmas 2009 by stuffing explosives into his skivvies and boarding a plane that was bound for Detroit. The feds, he said, are now using the watchlists as a, “punitive tool that it can use as leverage [against] individuals that they want to interrogate, to become informants”.
Put another way: Federal authorities are using the watchlists to target Muslims in the hopes they will spy on their own communities on behalf of the US government.
Hina Shamsi, the director for the ACLU (American Civil Liberties Union) National Security Project, meanwhile, has said the US terrorist database is broken. Thousands of people, she said, have been added to a no-fly list without any explanation as to why and with no opportunity to correct “the error or innuendo” that landed them there in the first place.
Abe Mashal
Abe Mashal was one such instance. The married father of four grew up the son of an Italian-American mother and a Palestinian father in Illinois. He is a former Marine. He also happens to be Muslim. He believes the confluence of those last two factors may have caused him a considerable headache.
Mashal trains dogs for a living. Sometimes this requires him to fly around the country. One day in April 2010, he arrived at Chicago’s Midway International Airport to fly to Washington state for a dog training job. He wasn’t allowed to board, he learned, because he had been placed on a no-fly list.
He is now part of an ongoing ACLU lawsuit challenging the legality of the no-fly list. In a familiar story, he’s never been clear exactly about what landed him on the list. He says he can fly now; he was apparently taken off the list but was never told when, how or why. But for three-and-a-half years it hurt his business. About a third of his clientele required him to fly, he said.
Mashal has not been charged with a crime. He thinks federal authorities targeted him because he was a former Marine who identified himself on his military records as Muslim.
Authorities, he thought, saw him as someone whom they could groom to be a solid informant. He said during his attempts to get off the watchlist, federal authorities offered him a deal: become an informant, spy on your fellow Muslims and you’ll be off the list. He declined and lawyered up. There are several other ex-military Muslims who are part of the ACLU’s suit, he said.
“I think they feel that you’re a patriotic person and you’re used to taking orders. They want someone with that type of discipline as well,” he told me. “You start putting the pieces together and say, ‘They’re aiming for military people who claim to be Muslims.’”
He added, “The FBI is very good and trained at intimidating people and getting them to do what they want. It’s been a frustrating experience. It’s made me question whether we have these rights that they say we do.” When the government can put you on a terror-list without giving you a reason, that seems a fair question to raise.
The FBI and Department of Homeland Security both declined to comment for this story, deferring to other agencies. The Department of Justice did not respond to a request for comment before deadline.
By: Danny McDonald
Apr 23 2014
Find this story at 23 April 2014
© 2014 Vice Media Inc
Saudi Arabia replaces intelligence chief30 april 2014
Prince Bandar bin Sultan replaced at his own request, reportedly after being sidelined in Saudi response to Syria crisis
Saudi Arabia has appointed a new intelligence chief to replace Prince Bandar bin Sultan, the official news agency SPA has announced.
It said Bandar was “exempted … from his position at his own request” and replaced by his deputy, Yousef al-Idrissi.
Bandar, a former ambassador to the United States, is widely regarded as among the most influential powerbrokers in the Middle East and headed the kingdom’s response to the Syrian conflict.
He went abroad for several months for health reasons, and diplomats said he had been sidelined in Saudi efforts to support Syrian rebels fighting Bashar al-Assad’s regime.
They said the Syria file had been transferred to the interior minister, Prince Mohammed bin Nayef, who cracked down on al-Qaida following a wave of deadly attacks in the Gulf state between 2003 and 2006.
Bandar’s management of the Syria file had triggered American criticism, diplomats said. The prince himself reproached Washington for its decision not to intervene militarily in Syria and for preventing its allies from providing rebels with weapons, according to diplomats.
Media run by the Syrian regime and its allies in Lebanon have repeatedly lashed out at Bandar, accusing him of supporting Sunni Islamist radicals in Syria.
theguardian.com, Tuesday 15 April 2014 20.05 BST
Find this story at 15 April 2014
© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.
As Iraq violence grows, U.S. sends more intelligence officers30 april 2014
(Reuters) – The United States is quietly expanding the number of intelligence officers in Iraq and holding urgent meetings in Washington and Baghdad to find ways to counter growing violence by Islamic militants, U.S. government sources said.
A high-level Pentagon team is now in Iraq to assess possible assistance for Iraqi forces in their fight against radical jihadists from the Islamic State of Iraq and the Levant (ISIL), a group reconstituted from an earlier incarnation of al Qaeda, said two current government officials and one former U.S. official familiar with the matter.
The powerful ISIL, which seeks to impose strict sharia law in the Sunni majority populated regions of Iraq, now boasts territorial influence stretching from Iraq’s western Anbar province to northern Syria, operating in some areas close to Baghdad, say U.S. officials.
Senior U.S. policy officials, known as the “Deputies Committee,” met in Washington this week to discuss possible responses to the deteriorating security outlook in Iraq, said a government source, who spoke on condition of anonymity because of the sensitivity of the subject matter.
The source did not know the outcome of the meeting.
White House spokeswoman Bernadette Meehan declined to comment.
The meetings underscore how Iraq’s instability is posing a new foreign policy challenge for President Barack Obama, who celebrated the withdrawal of U.S. troops more than two years ago. Despite the concern, officials said it remains unclear whether Obama will commit significant new resources to the conflict.
Four months after Iraqi Prime Minister Nuri al-Maliki declared war on Sunni militants in Iraq’s western Anbar province, the fighting has descended into brutal atrocities, often caught on video and in photographs by both militants and Iraqi soldiers.
Iraqi soldiers say they are bogged down in a slow, vicious fight with ISIL and other Sunni factions in the city of Ramadi and around nearby Falluja.
LIMITED OPTIONS
One former and two current U.S. security officials said the number of U.S. intelligence personnel in Baghdad had already begun to rise but that the numbers remained relatively small.
“It’s more than before, but not really a lot,” said one former official with knowledge of the matter.
Much of the pressure to do more is coming from the U.S. military, the former official said, but it is unclear if the White House wants to get more deeply involved.
After ending nearly nine years of war in Iraq, the United States has limited military options inside the country. About 100 U.S. military personnel remain, overseeing weapons sales and cooperation with Iraqi security forces.
The U.S. government has rushed nearly 100 Hellfire missiles, M4 rifles, surveillance drones and 14 million rounds of ammunition to the Iraqi military since January, U.S. officials said. The Obama administration has also started training Iraqi special forces in neighboring Jordan.
Before the U.S. military withdrew, it trained, equipped and conducted operations with Iraqi special forces.
Staff from the Pentagon’s Central Command are working closely with the Iraqi military but have advised it against launching major operations due to concerns Iraqi forces are not prepared for such campaigns, the former U.S. official said.
In Anbar, militants have a major presence in Falluja, while in Ramadi there is a stalemate, with territory divided among Iraqi government forces, ISIL and other Sunni armed groups.
In testimony before the House of Representatives Foreign Affairs Committee in February, Brett McGurk, the State Department’s top official on Iraq, described how convoys of up to 100 trucks, mounted with heavy weapons and flying al Qaeda flags, moved into Ramadi and Falluja on New Year’s Day.
Local forces in Ramadi subsequently succeeded in pushing militants back, but the situation in Falluja remained “far more serious,” McGurk said.
(Additional reporting by Phil Stewart in Washington and by Ned Parker in Baghdad. Editing by Jason Szep and Ross Colvin)
BY MARK HOSENBALL AND WARREN STROBEL
WASHINGTON Fri Apr 25, 2014 4:35pm EDT
Find this story at 25 April 2014
© Thomson Reuters 2014
Former Colombia intelligence chief sentenced to 10 years over illegal wiretapping11 april 2014
A former executive of Colombia’s now-defunct intelligence agency DAS was sentenced to 9 years and 10 months in prison on Thursday for his role in the illegal wiretapping of Supreme Court justices and government critics during the Alvaro Uribe administrations (2002-2010).
The ex-intelligence director of the DAS was found guilty of conspiracy to commit a crime, violation of communication equipment, illicit use of wiretapping equipment and abuse of power.
Carlos Arzayus is one of a handful of former intelligence officials found guilty for the illegal surveillance on Supreme Court magistrates, journalists, human rights campaigners and government opponents during the Uribe years.
Additionally, Arzayus was ordered to pay damages to the victims of the illegal wiretapping.
According to newspaper El Pais, the former intelligence executive confessed in the investigation that is was Maria del Pilar Hurtado, the fugitive ex director of DAS, who had ordered the espionage arguing that the orders came from the presidential palace.
Del Pilar Hurtado received political asylum in November 2010 after claiming she had fell victim to political persecution
Mar 20, 2014 posted by Larisa Sioneriu
Find this story at 20 March 2014
Colombia Reports © 2014
DAS wiretapping scandal11 april 2014
The DAS wiretapping scandal unfolded in 2008 after opposition politicians, media and authorities discovered that Colombia’s now-defunct intelligence agency, the DAS, had been spying on the Supreme Court, journalists, human rights defenders and politicians. Later dubbed the “Colombian Watergate” scandal, it sparked a worldwide outrage as it not only implicated the Colombian president as the alleged force behind the illegal surveillance but also drew ties to the US — a close ally and financial contributor to Colombia.
Main wiretapping targets
Politicians
Gustavo Petro (then-Senator for Demoratic Pole)
Carlos Gaviria (then-Democratic Pole leader)
Luis Eduardo Garzón (then-Green Party leader)
Ernesto Samper (former president)
Andres Pastrana (former president)
Piedad Cordoba (then-senator)
Supreme Court
Ivan Velasquez (assistant judge)
Cesar Julio Valencia (chief justice)
Yesid Ramírez (former judge)
Human Rights defenders, NGOs
The José Alvear Restrepo Lawyers’ Collective
CODHES
San Jose de Apartado Peace Community
UNHCR
Human Rights Watch
Washington Office on Latin America
International Federation on Human Rights
Journalists
Hollman Morris
Daniel Coronell
Claudia Julieta Duque
The DAS illegal wiretapping methods first surfaced in 2008 after then-Senator Gustavo Petro, received intelligence documents proving he had been shadowed and wiretapped.
The scandal almost immediately cost the head of DAS director Maria del Pilar Hurtado who, in spite of initially denying her agency had been involved with illegal activities, was forced to leave her post. Del Pilar later fled to Panama where she received political asylum months before the Supreme Court ordered an arrest warrant.
But this was just the beginning of an unfolding scandal that uncovered a boundless conspiracy that did not just target politicians, but even more controversially, the Supreme Court, Colombian and foreign human rights organizations, and journalists.
In February 2009, weekly Semana revealed that the DAS was the main force behind a dark industry that served paramilitaries, guerrillas and corrupt political forces.
The investigations unveiled a comprehensive and extensive surveillance and interception campaign that had been targeting the Supreme Court in order to discredit the country’s institution that was investigating links between paramilitaries and politicians, the majority being political allies of President Alvaro Uribe.
The beginning: Uribe appoints DAS executive with paramilitary ties
The DAS was founded in the 1960 to provide strategic intelligence, criminal investigations, control the external and internal security of the nation and served as Interpol’s liaison in Colombia and was a contact for the US Drug Enforcement Administration (DEA). With close to 6,500 members, the agency reported directly to the President’s Office.
The DAS began spying on government opponents and critics after Uribe appointed now-convicted Jorge Noguera to run the DAS. Under Noguera, a number of intelligence agents with strong ties to the paramilitary AUC were appointed, and the agency formed the so-called g-3 unit that was in charge of the wiretapping that later became controversial.
Narvaez, who was fired from the DAS after the breaking of the wiretap scandal, gave workshops at both paramilitary camps and controversial ranchers’ federation Fedegan, whose members have regularly been linked to paramilitary groups.
The “Special Strategic Intelligence Group” G-3 was formed under Noguera and was assigned the primary responsibilities of monitoring human rights groups that had proven or could potential prove troublesome for Uribe.
But the specialized unit dissolved in 2005 after Uribe assigned Noguera the position of consul-general in Milan and was replaced by the “National and International Observation Group” (GONI) who continued to carry out similar operations, but focused mainly on Uribe’s political oppositions and the Supreme Court.
Documents confiscated at the DAS headquarters contained detailed information on magistrates’ families, children and political affiliations.
Among the victims were Supreme Court magistrate Ivan Velasquez. In 2008 solely, DAS recorded more than 1,900 of Valasquez’s phone conversations who was leading an investigation to uncover ties between politicians and paramilitary groups.
Other wiretapping victims were late-Presidents Ernesto Samper and Andres Pastrana, and candidates running in the 2006 elections.
It remains unclear how far the interceptions campaign reached exactly. When prosecutors first searched the agency’s office, agents refused cooperation and security footage from January 2009 showed how computers and boxes had been removed from the office.
Implicated officials
DAS
Jorge Noguera (former director)
Jorge Noguera
former director
Maria del Pilar Hurtado (former director)
Maria del Pilar Hurtado
former director
Jose Miguel Narvaez Former deputy director
Jose Miguel Narvaez
Former deputy director
Fernando Tabares Former deputy director
Fernando Tabares
Former deputy director
Jorge Alberto Lagos Former deputy director
Jorge Alberto Lagos
Former deputy director
William Romero Former deputy director
William Romero
Former deputy director
President’s Office
Alvaro Uribe President
Alvaro Uribe
President
Bernardo Moreno Chief of Staff
Bernardo Moreno
Chief of Staff
Cesar Obdulio Gaviria Presidential adviser
Cesar Obdulio Gaviria
Presidential adviser
Cesar Mauricio Velasquez Press Secretary
Cesar Mauricio Velasquez
Press Secretary
DAS spying activities abroad
The actions of DAS extended beyond Colombian borders.
The agency monitored and shadowed several human rights defenders traveling abroad to attend meetings and conferences.
MORE: DAS illegal spying in Europe
In 2010, it was discovered that DAS had send agents to Belgium and Spain to spy on a judge and members of the European Parliament.
Colombian authorities refused to cooperate following the uncovering of “Operation Europe” which intended to find information to delegitimize the work of European human rights advocates that worked in Colombia.
MORE: Colombia fails to cooperate in European spying scandal: Report
The strategy was to discredit such entities by creating press releases, website reports and by waging legal battles against them. DAS members attended NGO seminars, workshops and forums to compile confidential reports which included photographs and films of attendees.
Evidence provided by the Prosecutor General’s Office showed that the intelligence agency spied on UN officials, including the former director of the Colombia Office of the UN High Commissioner for Human Rights, Michael Fruling.
Documents on the international non-governmental group Human Rights Watch were also uncovered, with detailed information on the Americas Director Josa Miguel Vivanco.
In 2008, a series of surveillance operations had reportedly been carried out to spy on Ecuadorean President Rafael Correa.
The surveillance operations was allegedly launched after the Colombian army conducted a raid on a FARC camp on Ecuadorean territory. According to Semana, members of the security agency were stationed in the Ecuadorean capital in order to intercept both landline and cellphone calls made from Correa’s office.
US Involvement
The US fueled $6 billion dollars into the South American country under the Uribe administration for military aid.
Former US Ambassador William Brownfield said that Washington did know have any knowledge that US-funded equipment that was used for unlawful surveillance. In 2010, the DAS funding was suspended and the funds were transferred to the National Police.
The Washington Post reported that William Romero, a former director of the Human Resource department of DAS, received CIA training and said in an interview that DAS relied on “US-supplied computers, wiretapping devices, cameras and mobile phone interception systems, as well as rent for safe houses and petty cash for gasoline.”
“We could have operated” without U.S. assistance, he told the US newspaper, “but not with the same effectiveness.”
One unit that reportedly relied heavily on US equipment was in fact the GONI unit who’s main objective was spying on Supreme Court magistrates.
MORE: US Bans Colombian Intelligence Agency As Aid Recipient
Dismantling of DAS and court cases
The revelations led to the resignation of more than 33 DAS agents and more than a dozen of arrests.
Among them was Uribe’s Chief of Staff, Bernardo Moreno, who was barred from holding office and charged with conspiracy, unlawful violation of communications equipment, abuse of power and fraud.
MORE: Uribe aides called to trial over illegal wiretapping
Jorge Alberto Lagos, the former deputy director of counterintelligence was originally sentenced to 12 years in prison but received a reduced sentence after he agreed to testify. He later implicated another close aid of Uribe, Jose Obdulio Garviria, as a main promoter of the interception violations.
Fernando Tabares, another former deputy director of DAS, was also convicted for his role in the illegal wiretapping of government opponents and is serving eight years in prison.
Taberes spoke before the Supreme Court saying that he attended a meeting with then-DAS analysis chief Marta Leal and Uribe’s chief of staff in which he was told the president required intelligence regarding Supreme Court justices, congressmen, and journalists.
MORE: Uribe gave orders during wiretap scandal: Former intelligence executive
Uribe has not been formally charged for the DAS scandal and has continuously denied his involvement. Congress has been conducting a preliminary investigation since 2010.
MORE: Congress Formally Opens Uribe Wiretap Investigation
Maria del Pilar Hurtado fled Colombia in November 2011 and received political asylum by the Panamian administration of Ricardo Martinelli, a personal friend of Uribe.
In 2011, President Juan Manuel Santos dissolved the DAS agency.
Feb 24, 2014 posted by Maren Soendergaard
Find this story at 24 February 2014
Colombia Reports © 2014
New Wiretapping Scandal Casts Doubt on Colombian Military’s Support for Peace Talks11 april 2014
“It’s a relatively small place, near the Galerías shopping mall in western Bogotá. It now doesn’t have the sign outside that had idenfitied it, hanging over the two windows with glass that blocks the view of the interior. In a small terrace, under a black awning, there are eight tables and 24 chairs. Inside there are seven more tables, and a curved staircase that leads to a second floor, which has a large room with a gigantic television and computer workstations. …”
“Despite the exotic combination of luncheonette and computer instruction center, a secret is hidden there: behind the facade is a National Army signals interception center.”
The business described here was registered in Bogotá on September 12, 2012, just a few days after Colombian President Juan Manuel Santos announced the launch of talks with the FARC guerrilla group. From this room, reports an investigation published to the website (but not the paper version) of Colombia’s Semana newsmagazine, soldiers and civilian hackers working for Colombian military intelligence carried out illegal wiretaps and email intercepts.
Their targets included “the same ones as always”–NGOs and leftist politicians. This is outrageous enough. But the Army unit was also tapping into the emails and text messages of the Colombian government team negotiating with the FARC in Havana, Cuba.
“Jaramillo (Sergio Jaramillo [a negotiator and the high commissioner for peace]), Éder (Alejandro Éder [director of the presidential demobilization and reintegration office, and an alternate negotiator]) and De la Calle (Humberto de la Calle [the lead negotiator]) were some of those whom I remember. The idea was to try to obtain the largest amount of information about what they were talking about, and how it was going,…” a source told Semana.com.
One of the most important, and most uncertain, questions about Colombia’s peace process with the FARC is the extent to which the country’s powerful military actually supports it. These new revelations multiply the uncertainty.
President Juan Manuel Santos has gone to great lengths to keep the generals in the tent: defense and security are off the negotiating agenda, a prominent retired general is one of the negotiators, FARC calls for a bilateral cease-fire–which the military resists–have been flatly refused, and the Santos administration has tried (and so far failed) to give military courts greater jurisdiction over human rights cases, in what some analysts regard to be a quid pro quo.
The chief of Colombia’s armed forces, Gen. Leonardo Barrero, insisted in a recent interview that “we feel very well represented in the dialogues.” But there is little doubt that a significant portion of the officer corps, who have all spent their entire career fighting the FARC, would prefer to end the conflict on the battlefield. It is for that reason that support for ex-president Álvaro Uribe, a fierce opponent of the negotiations, remains high among the officers. As María Isabel Rueda, a longtime reporter and columnist for Colombia’s most-circulated newspaper, El Tiempo, recently put it: “Soldiers have hearts too, and some of them still beat more for Uribe than for Santos.”
If the armed conflict ends in Havana, Colombia’s military will be in for a rough time, institutionally. Officers and soldiers will be expecting gratitude, and there will be parades, medals, and ceremonies. But post-conflict Colombia will also hold the spectacle of officers accused of human rights abuses forced to undergo humiliating confessions as part of a transitional justice process. A truth commission will detail brutal behavior. And the armed forces, faced with a reality in which citizen security threats outrank national security threats, will find it very hard to justify a membership of 286,000 [PDF] soldiers, sailors, marines and airmen. Latin America’s second-largest armed forces, and its largest army, could shrink considerably. (Colombia’s 175,000-strong police, however, could grow.)
If the armed forces choose to resist these post-conflict shifts–starting now, while talks continue–they have some assets to deploy. They are huge and politically popular. They have important allies in Colombia’s political establishment, Álvaro Uribe high among them. And they have a crucial ally in the United States, which has forged a deep and broad military-to-military relationship in the 14 years since “Plan Colombia” emerged. Military sources tell Semana that the Army intelligence unit that oversaw the spying operation gets generous support from the CIA. We do not know, though, whether any of the equipment used in the wiretap/luncheonette came from the United States.
The U.S. role is very important. The Obama administration, the Department of Defense, and the U.S. Southern Command can do much to determine whether Colombia’s civil-military relationship is smooth or friction-filled over the next several years. The key is in the messages that they convey to their allies in the Colombian armed forces–and the central message should be that illegal or undemocratic behavior is counter-productive and will damage the bilateral relationship. And that undermining an elected civilian president’s effort to negotiate peace, or to reconcile the country afterward, counts as “illegal and undemocratic behavior.”
As criminal investigators try to piece together this new military spying scandal, those messages from the Colombian military’s U.S. “partners” should be louder and clearer than ever.
5 Feb 2014
By Adam Isacson
Find this story at 5 February 2014
Copyright wola.org
Colombian military and CIA accused of spying on peace talks11 april 2014
Colombia’s Defense Minister announced Tuesday that an investigation will be opened into the alleged wiretapping of both the state and rebel delegations to ongoing peace talks between the government and the FARC rebel group.
The move comes in the wake of revelations published by weekly Semana on Monday.
Based on 15-months of reporting and testimony from an unnamed inside source, Semana concluded that a Colombian military intelligence unit funded and coordinated by the United States’ Central Intelligence Agency (CIA) used advanced online technology and hacking techniques to monitor the text messages and emails of opposition politicians and representatives of both the government and the FARC involved in the Havana peace negotiations.
Phone calls, reportedly, were not recorded.
Classified under the code name “Andromeda,” the military’s Technical Intelligence Battalion’s so-called “gray hall” operated from underneath a registered bar and restaurant in the Colombian capital of Bogota, according to Semana.
An anonymous military source, said to be a captain in the Colombian military and the supervisor of the clandestine site, told Semana that the Andromeda project was run by Bitec-1, an elite intelligence unit instrumental in the Colombian government’s operations against the FARC, including 2008′s famous Operation Jaque, which resulted in the recovery of 15 hostages in the state of Guaviare, among them former Colombian presidential candidate Ingrid Betancourt, and in which the CIA also played a key role.
According to the report, the secret intelligence center also recruited civilian hackers called ‘campus parties’ to collaborate with the military on cyber espionage tasks.
On Tuesday, Defense Minister Juan Carlos Pinzon claimed via twitter that his office would be launching an investigation into “the alleged wiretapping of the negotiating team in Havana.” Senate President Juan Fernando Cristo, meanwhile, has since indicated that a congressional committee will also be assigned to look into the revelations.
“To follow up on the episodes,” said Cristo, according to national media sources, “we will assign this committee to convene and evaluate the case and also meet with the Minister of Defense, Juan Carlos Pinzón and with the military leadership [involved].”
Interior Minister Aurelio Iragorri Valencia, meanwhile, said in an interview with Blu Radio that while he questions the accuracy of the espionage allegations, “the complaint is very serious and should be clarified (…).”
The government’s response is strange, in that if Semana’s reporting is accurate, the Minister of Defense himself would be implicated in the scandal he is now supposedly investigating, as would National Army Commander Juan Pablo Rodriguez Barragan, whom Pinzon publicly placed in charge of the investigation.
This discrepancy has led opposition political leader Ivan Cepeda to call for the minister’s immediate resignation. Cepeda, a congressman said to be relatively close to the peace talks, is one of a number of opposition political figures who may have been subject to the alleged wiretapping.
Fellow opposition leader and member of the Colombian Communist Party’s Central Executive Committee Carlos Lozano called the covert intelligence program part of the government’s “antidemocratic measures.” In an interview with Colombia Reports, Lozano went even further than Cepeda and suggested that secret intelligence gathering is part of the broader political targeting of opposition political parties by violent neo-paramilitary groups working in conjunction with the Colombian state.
So far, Colombia Reports has not been able to obtain a response from the FARC or the Colombian government’s peace delegation regarding the revelations, but further updates will be forthcoming.
Feb 4, 2014 posted by Maren Soendergaard
Find this story at 4 February 2014
Colombia Reports © 2014
Uribe is behind peace talks wiretapping: FARC11 april 2014
Colombia’s oldest and largest living rebel group, the FARC, on Wednesday accused former President Alvaro Uribe of being behind the military’s alleged spying on the government and rebel delegations currently engaged in peace talks.
“Of course, Alvaro Uribe is behind all of this. Don’t forget that Alvaro Uribe is public enemy number one of peace in Colombia,” said the FARC’s number two leader and chief peace talks negotiator “Ivan Marquez” on Wednesday morning.
This represents the first formal accusation of the former president in his involvement with this ongoing wiretapping scandal that has shaken Colombia.
Colombian weekly magazine Semana published a 15-month investigative story with accusations that the Armed Forces have been wiretapping both the government’s and the rebel group FARC’s delegations in ongoing peace talks in Havana, Cuba. The report also asserted that the military had been receiving funding and support from the United States’ Central Intelligence Agency (CIA) in carrying out the alleged wiretapping.
Socialist Colombian congressman Ivan Cepeda was quoted in newspaper La Republica suggesting as well that Uribe could have been behind this wiretapping scandal. When speaking with Colombia Reports, the lawmaker did not formally accuse the ex-president of having a hand in this. Instead, he said that ”this was an action very clearly intended to destabilize the peace process in Havana. I think this action has been publicly promoted by ex-President Alvaro Uribe, and that the ex-president should be investigated for this situation.”
Just four years ago, Uribe himself was widely suspected of being involved in a large wiretapping scandal that included the illegal spying on and interceptions of calls and emails of opposition politicians, Supreme Court judges, human rights activists and journalists. This scandal ultimately led to the disbanding of the DAS, Colombia’s former security intelligence agency.
Paralleling his claims during the last scandal, Uribe has denied all involvement or knowledge of this new ordeal after rapidly appearing on radio programs and writing press released to the effect.
“The Democratic Center (Centro Democratico-CD) –Uribe’s political party– emphatically rejects the biased and malicious versions of [President Juan Manuel] Santos’ government, the FARC and political sectors that are trying to link the ex-president Alvaro Uribe Velez, with the ‘wiretappings of peace negotiators in Havana’ realized by elements of the National Army,” read a Wednesday morning press release.
Uribe also shot back in an interview with radio station W Radio.
“With an investigation of 15 months, the president had to have known what was happening!” said the former head of state, pointing out that the director of Semana is a family member of Santos.
The FARC, in an official statement also released Wednesday expressed disappointment in the government for allowing this to happen, calling “corruption” and “scandals” and “dirty tactics of war” institutionalized in the country. “This will not achieve generating confidence,” read the statement.
“Marquez” (the nom-de-guerre of Luciano Marin) called this news, “very serious” saying that, “They are not just spying on the government’s peace delegation, but also they are especially doing so on the FARC’s peace delegation.”
Alvaro Uribe has been an avid dissident of the peace talks ever since their official start in November of 2012. The former president has criticized the fourth historic attempt at dialogues with the FARC on many levels, ranging from saying that the government should not be negotiating with terrorists, to releasing photos of some guerrillas lounging on boats during discussions in Havana.
Though Uribe never testified in his initial wiretapping scandal, if more evidence besides accusations mounts against him in this case, he may have to testify before a court, or congress.
Posted on Feb 5 2014 – 12:19pm by Editor
Find this story at 5 February 2014
Copyright todaycolombia.com
U.S. aid implicated in abuses of power in Colombia (2011)11 april 2014
The Obama administration often cites Colombia’s thriving democracy as proof that U.S. assistance, know-how and commitment can turn around a potentially failed state under terrorist siege.
The country’s U.S.-funded counterinsurgency campaign against a Marxist rebel group — and the civilian and military coordination behind it — are viewed as so successful that it has become a model for strategy in Afghanistan.
But new revelations in long-running political scandals under former president Alvaro Uribe, a close U.S. ally throughout his eight-year tenure, have implicated American aid, and possibly U.S. officials, in egregious abuses of power and illegal actions by the Colombian government under the guise of fighting terrorism and drug smuggling.
American cash, equipment and training, supplied to elite units of the Colombian intelligence service over the past decade to help smash cocaine-trafficking rings, were used to carry out spying operations and smear campaigns against Supreme Court justices, Uribe’s political opponents and civil society groups, according to law enforcement documents obtained by The Washington Post and interviews with prosecutors and former Colombian intelligence officials.
The revelations are part of a widening investigation by the Colombian attorney general’s office against the Department of Administrative Security, or DAS. Six former high-ranking intelligence officials have confessed to crimes, and more than a dozen other agency operatives are on trial. Several of Uribe’s closest aides have come under scrutiny, and Uribe is under investigation by a special legislative commission.
U.S. officials have denied knowledge of or involvement in illegal acts committed by the DAS, and Colombian prosecutors have not alleged any American collaboration. But the story of what the DAS did with much of the U.S. aid it received is a cautionary tale of unintended consequences. Just as in Afghanistan and other countries where the United States is intensely focused on winning counterterrorism allies, some recipients of aid to Colombia clearly diverted it to their own political agendas.
For more than a decade, under three administrations, Colombia has been Washington’s closest friend in Latin America and the biggest recipient of military and economic assistance — $6 billion during Uribe’s 2002-10 presidency. The annual total has fallen only slightly during the Obama administration, to just over a half-billion dollars in combined aid this year.
Although significant gains were made against the rebels and drug-trafficking groups, former high-ranking intelligence agents say the DAS under Uribe emphasized political targets over insurgents and drug lords. The steady flow of new revelations has continued to taint Colombia’s reputation, even as a government led by Uribe’s successor and former defense minister, Juan Manuel Santos, has pledged to replace the DAS with a new intelligence agency this fall.
Prosecutors say the Uribe government wanted to “neutralize” the Supreme Court because its investigative magistrates were unraveling ties between presidential allies in the Colombian congress and drug-trafficking paramilitary groups. Basing their case on thousands of pages of DAS documents and the testimony of nine top former DAS officials, the prosecutors say the agency was directed by the president’s office to collect the banking records of magistrates, follow their families, bug their offices and analyze their court rulings.
“All the activity mounted against us — following us, intercepting our telephones — had one central purpose, to intimidate us,” said Ivan Velasquez, the court’s lead investigative magistrate and a primary target of the DAS surveillance.
Gustavo Sierra, the imprisoned former DAS chief of analysis, who reviewed intelligence briefs that were sent to the presidency, said that targeting the court “was the priority” for the DAS under Uribe.
“They hardly ever gave orders against narco-trafficking or guerrillas,” Sierra said in an interview.
Resources and guidance
Some of those charged or under investigation have described the importance of U.S. intelligence resources and guidance, and say they regularly briefed embassy “liaison” officials on their intelligence-gathering activities. “We were organized through the American Embassy,” said William Romero, who ran the DAS’s network of informants and oversaw infiltration of the Supreme Court. Like many of the top DAS officials in jail or facing charges, he received CIA training. Some were given scholarships to complete coursework on intelligence-gathering at American universities.
Romero, who has accepted a plea agreement from prosecutors in exchange for his cooperation, said in an interview that DAS units depended on U.S.-supplied computers, wiretapping devices, cameras and mobile phone interception systems, as well as rent for safe houses and petty cash for gasoline. “We could have operated” without U.S. assistance, he said, “but not with the same effectiveness.”
One unit dependent on CIA aid, according to the testimony of former DAS officials in depositions, was the National and International Observations Group.
Set up to root out ties between foreign operatives and Colombian guerrillas, it turned its attention to the Supreme Court after magistrates began investigating the president’s cousin, then-Sen. Mario Uribe, said a former director, German Ospina, in a deposition to prosecutors. The orders came “from the presidency; they wanted immediate results,” Ospina told prosecutors.
Another unit that operated for eight months in 2005, the Group to Analyze Terrorist Organization Media, assembled dossiers on labor leaders, broke into their offices and videotaped union activists. The United States provided equipment and tens of thousands of dollars, according to an internal DAS report, and the unit’s members regularly met with an embassy official they remembered as “Chris Sullivan.”
“When we were advancing on certain activities, he would go to see how we were advancing,” Jose Gabriel Jimenez, a former analyst in the unit, said during a court hearing.
The CIA declined to comment on any specific allegations or the description of its relationship with the DAS provided by Colombian officials. “The three letters CIA get thrown into the mix on a lot of things, and by a lot of people. That doesn’t mean that allegations about the agency are anything more than that,” said a U.S. intelligence official, speaking on the condition of anonymity.
As initial DAS revelations emerged in the Colombian media during late summer 2009, then-U.S. Ambassador William Brownfield called an embassy-wide meeting and asked which U.S. agencies represented were working with the DAS, according to a secret State Department cable released by WikiLeaks. Representatives from eight agencies raised their hands — including the CIA, the Drug Enforcement Administration, the FBI and the Internal Revenue Service. All agencies, Brownfield reported in the Sept. 9 cable, “reaffirmed that they had no knowledge of or connection to the illegal activity and agreed to continue reducing their exposure to the agency.”
Brownfield, in subsequent meetings with Uribe and other officials, urged the government to get out in front of the disclosures and warned that they could compromise the U.S.-Colombia partnership.
“If another DAS scandal erupted, our Plan B was to terminate all association with DAS. Immediately,” Brownfield reported telling Francisco Santos, Uribe’s vice president, and DAS Director Felipe Munoz on Sept. 16, 2009.
Still, the relationship continued for an additional seven months. In April 2010, Brownfield announced that all U.S. funds previously directed to the DAS would henceforth go to Colombia’s national police. Today, the 51-year-old DAS, with 6,000 employees, multiple roles and an annual budget of $220 million, still limps along. But Munoz has been under investigation, as have four other former DAS directors.
Uribe, speaking through his lawyer, Jaime Granados, declined a request for an interview. But the former president has denied that he oversaw illegal activities and said officials from his government were being persecuted politically. Four of his top aides are under investigation, and his chief of staff, Bernardo Moreno, is jailed and awaiting trial on conspiracy and other charges.
Years of trouble
Interviews with former U.S. officials and evidence surfacing in the DAS investigation show that the agency has for years committed serious crimes, a propensity for illegal actions not unknown to embassy officials.
The first DAS director in Uribe’s presidency, Jorge Noguera — whom the U.S. Embassy in 2005 considered “pro-U.S. and an honest technocrat” and recommended to be a member of Interpol for Latin America, according to WikiLeaks cables — is on trial and accused of having helped hit men assassinate union activists. Last year, prosecutors accused another former DAS director of having helped plan the 1989 assassination of front-running presidential candidate, Luis Carlos Galan.
Myles Frechette, the U.S. ambassador to Colombia from 1994 to 1997, said that even in his tenure American officials believed that DAS units were tainted by corruption and linked to traffickers. But he said the embassy needed a partner to develop intelligence on drug smugglers and guerrillas.
“All the people who worked with me at the embassy said to me, ‘You can’t really trust the DAS,’ ” said Frechette. adding that he thinks the DAS has some of the hallmarks of a criminal enterprise.
Several senior U.S. diplomats posted to the embassy in more recent years said they had no knowledge that U.S. intelligence and law enforcement agencies were involved in DAS dirty tricks, but all said it would not surprise them.
“There were concerns about some kinds of activities, but also a need in the name of U.S. interests to preserve the relationship,” said one diplomat who spoke on the condition of anonymity. “I’m reasonably confident our support was correct.”
Duque is a freelance journalist based in Bogota, Colombia. Correspondent Juan Forero, also based in Bogota, contributed to this report.
By Karen DeYoung and Claudia J. Duque, Published: August 21, 2011 E-mail the writer
Find this story at 21 August 2011
© 1996-2014 The Washington Post
Wiretapping Scandal Shakes Colombia (2011)11 april 2014
Former Colombian President Alvaro Uribe (left) speaks during a public congressional hearing in Bogota earlier this month about allegations that the country’s intelligence service spied on high court judges during his government.
Former Colombian President Alvaro Uribe (left) speaks during a public congressional hearing in Bogota earlier this month about allegations that the country’s intelligence service spied on high court judges during his government.
Eitan Abramovich/AFP/Getty Images
In Colombia, a major scandal involving the country’s intelligence service is unfolding. Colombia’s chief prosecutor says the spy service bugged the Supreme Court, intercepted the phones of its justices and followed their every move.
Prosecutors also say the illegal surveillance was directed from the offices of former President Alvaro Uribe, who in his eight years in power was Washington’s closest ally in Latin America.
With hours of tape as evidence, prosecutors say the Department of Administrative Services (DAS), which is under the president’s control, targeted the court’s justices and the investigative magistrates, who function something like prosecutors.
The purpose was to find ties between the criminal underworld and the court in order to discredit the country’s highest judicial body.
“Through the intelligence agency, they tried to control, attack and discredit — actions that cannot be viewed as some isolated DAS plan, an entity that is dependent on the presidency of the republic,” prosecutor Misael Rodriguez said at a court hearing earlier this year.
He says Bernardo Moreno, Uribe’s chief of staff, oversaw the effort. Moreno has been charged and is in jail awaiting trial. He denies the accusations.
Former President Uribe, who left office last year and has not been charged, denies any involvement.
Alba Luz Florez, a former Colombian intelligence agent, has avoided charges in the scandal by cooperating with prosecutors. She used court security people, chauffeurs and even the coffee ladies to plant bugs and gather intelligence.i
Alba Luz Florez, a former Colombian intelligence agent, has avoided charges in the scandal by cooperating with prosecutors. She used court security people, chauffeurs and even the coffee ladies to plant bugs and gather intelligence.
Juan Forero/NPR
But prosecutors say the president’s office wanted to derail court investigations linking illegal armed groups and congressmen allied with Uribe.
William Romero is among the former high-ranking DAS members who have told prosecutors that the agency collected information and shipped it to the president’s office.
“What we were told was that this was a requirement of the director of the DAS and the president, to know how narco-traffickers were manipulating inside the Supreme Court,” Romero tells NPR.
Romero and other former agents also say that DAS units used some American assistance in the illegal surveillance. The State Department in Washington says it has no knowledge of U.S. government equipment being misused in Colombia.
In one court chamber, bugging devices were placed under tables where exchanges between judges and witnesses take place.
The person responsible for the bugging was Alba Luz Florez, a 33-year-old former agent known to DAS as Y-66.
“They made me see it as a national security [issue], that national security could be compromised by this possible connection,” Florez says, referring to possible underworld ties with judges. “So for me it was an honor [to undertake the operation].”
Florez, who avoided charges by cooperating with prosecutors, used court security people, chauffeurs and even the coffee ladies to plant bugs and gather intelligence.
Among those she recruited was the driver for the court’s top investigative magistrate, Ivan Velasquez.
“I knew everything about his family, absolutely everything about his children,” Florez says, referring to the driver. “So I began to see what he liked, how I could perhaps fill his needs.”
She learned the driver needed to pay child support for several children, so she paid him. And she learned that he admired Uribe, the then-president.
“Let’s do it for the president,” she recalls telling him.
The small office of Velasquez, the star investigative magistrate, had once been bugged.
“Here I talk to all kinds of people, with lawyers, with eventual witnesses that can provide information, people who know about things that happen in their regions and want to help,” says Velasquez, sitting at his desk. “There are risks to these declarations. What I mean is that a microphone here could be very effective.”
He says the surveillance was designed to intimidate him and witnesses.
But to date, 30 congressmen — virtually all allies of Uribe — have been convicted after being investigated by the court.
And the attorney general’s office has also been busy: Four of Uribe’s top aides are under investigation. The former president’s conduct is also under review, by a special legislative commission.
by JUAN FORERO
August 29, 2011 5:50 PM ET
Find this story at 29 August 2011
©2014 NPR
Colombia: The dark side of Alvaro Uribe (2010)11 april 2014
So far, retirement has been a little rocky for the hugely popular former president.
BOGOTA, Colombia — After Alvaro Uribe accepted a job at Georgetown University, a Colombian humorist suggested the former president should teach a course on wiretapping.
On his first day of class last week, Uribe was met by protesters who held up banners calling him a mass murderer.
Back in Colombia, meanwhile, nearly a dozen of Uribe’s former advisers are under investigation for abuse of power and could end up in prison.
So far, retirement has been a little rocky for Uribe. He is considered a hero by many Colombians for improving security in this war-ravaged nation. But since he stepped down on Aug. 7, more light is being shed on the dark side of his eight years in office.
“His legacy will still be positive due to the security gains,” said Michael Shifter, a Georgetown professor and president of the Inter-American Dialogue think tank. “But his record was sullied by these scandals. These were Uribe’s people and he bears political responsibility for what happened.”
Uribe ran into trouble, analysts say, because he became increasingly power-hungry and paranoid.
First elected in 2002, Uribe quickly sought congressional approval of a constitutional amendment so he could stand for re-election in 2006. At the time, the Colombian constitution banned presidents from serving more than one four-year term.
The amendment was approved but accusations emerged that government ministers secured the support of key lawmakers by offering them jobs and other benefits. Two legislators were convicted of receiving payoffs and Uribe’s former interior and social protection ministers are now under investigation for bribery.
Even more serious is a scandal known as DAS-gate, which, according to Shifter, “makes Watergate look like child’s play.”
The DAS is the Colombian equivalent of the FBI and during the Uribe administration its agents illegally monitored the telephone calls and actions of opposition politicians, human rights workers, journalists and even Supreme Court justices.
At the time, dozens of pro-Uribe lawmakers were being investigated by the Supreme Court for their financial and political links to right-wing death squads. They included Senator Mario Uribe, the president’s cousin, who later resigned and went to prison. Experts say the president’s men wanted to embarrass and discredit the court judges.
“Uribe believed the Supreme Court was out to get him,” said Alfonso Cuellar, an editor at Semana news magazine, which broke the DAS-gate story. “That was not true but that’s what Uribe believed because he was surrounded by a small group of people who fed him rumors.”
This month, new details emerged about the infiltration campaign from a DAS agent cooperating with the investigators. Alba Florez, who has been dubbed by the Colombian media as the DAS Mata Hari, said she persuaded the bodyguards and personal assistants of Supreme Court judges to spy on their bosses.
Florez persuaded a cleaning lady to place a tiny tape recorder in the main chambers of the court which allowed the DAS to monitor the judges as they discussed criminal accusations against Uribe’s allies. The agent paid large sums for photocopies of court documents and even tried to record sessions with a tiny video camera.
Florez testified that Maria del Pilar Hurtado, who then headed the DAS and is now under investigation, knew all about her mission. “She was very pleased with our work,” Florez said.
So far, no smoking guns have emerged to tie Uribe directly to the case.
But former DAS agents claim the information on the Supreme Court was ordered by top officials and sent to the presidential palace. One ex-spy told investigators: “The president’s office demanded immediate results.”
Besides Uribe’s hand-picked DAS chief, his chief of staff, his attorney and several other close aides are also under investigation. Their legal problems prompted a quip from former Colombian president Andres Pastrana.
Noting that several of his former ministers have joined the new Colombian government, Pastrana said: “My aides are being called to serve. Uribe’s aides are being called to testify.”
While in office, none of these scandals dented Uribe’s popularity, which is why he was known as the Teflon president. Yet accusations of wrongdoing now dog Uribe as he builds a new life as an ex-president.
For example, Uribe’s inclusion last month on a U.N. panel that is investigating Israel’s May 31 storming of a Turkish-owned flotilla bound for Gaza brought a new round of protests. Human rights activists claimed Uribe is not qualified to defend international law, in part, because he ordered an illegal cross-border military raid into Ecuador in 2008 that killed a Colombian guerrilla leader.
At Georgetown, where Uribe assumed his new post as “distinguished scholar in the practice of global leadership,” demonstrators pointed out that under his watch Colombian troops were accused of killing thousands of innocent civilians and dressing them up as guerrillas.
But fans of the former president also showed up at Georgetown to claim that his overall record — which includes military victories against Marxist rebels, a steep reduction in kidnappings and an economic boom — far outweigh the negatives. One supporter told reporters: “Uribe has been able to give more security to the Colombian people and I think that’s something very admirable.”
Many Colombians agree. Indeed, Uribe is considering running next year for mayor of Bogota — the country’s second-most important political post — and polls indicate that, should he declare his candidacy, he would be the instant front runner.
John Otis September 22, 2010 07:05 Updated September 22, 2010 07:05
Find this story at 22 September 2010
opyright 2014 GlobalPost – International News
Colombia ex-spy chief Hurtado granted Panama asylum (2010)11 april 2014
Panama has granted political asylum to the former head of Colombia’s secret police, Maria del Pilar Hurtado.
The ex-director of the Department of Administrative Security is wanted over illegal wiretapping operations that could implicate Colombia’s previous president, Alvaro Uribe.
She has already left Colombia – she was not challenged as she passed through DAS-run immigration controls.
Panama’s move has caused outrage in Colombia.
She was granted asylum after “a careful analysis of the request… and the circumstances of reasonable fear for her personal security that prompted her to leave her country”, AP quoted the Panamanian foreign ministry as saying.
The president of Colombia’s Supreme Court, Jaime Arrubla – who was himself a victim of illegal wiretaps by the DAS – expressed surprise at the decision.
The concept of political asylum was to “protect those persecuted for their political ideas, not the persecutors”, he said.
As head of the DAS from 2007-2008, Ms Hurtado was one of the few people who could possibly directly implicate former president, Alvaro Uribe, in the illegal wiretapping of his political opponents and the judges who were seeking to block his actions and re-election prospects.
The DAS answers only to the president, but Mr Uribe has denied issuing any orders that violated the law or the constitution.
His private secretary, Bernardo Moreno, has already been banned from holding public office as investigations into the wiretapping scandal continue.
But no charges have been brought against the former president.
20 November 2010 Last updated at 02:29 Share this pageEmailPrint
By Jeremy McDermott
Find this story at 20 November 2010
BBC © 2014
Colombian intelligence agency scandal (2009)11 april 2014
DAS, the Colombian intelligence agency, is out of control. It is illegally tapping journalists, judges and politicians and its services have been used by drug dealers, paramilitaries and guerrillas.
Colombian intelligence agency scandal.
Colombia woke up on Monday facing a controversy of enormous proportions, since Semana magazine revealed in its most recent edition, after a six-month investigation, that the DAS, the national intelligence agency, has been illegally wiretapping prominent politicians, journalists and judges.
Early morning, President Alvaro Uribe sent a message to a national radio station to try and control the debate, which has even spread internationally. In it he emphatically states that he has “never given an order to look into the private lives of people” and describes himself as a “loyal man who is fair with his opponents and does not cheat on them”. Juan Manuel Santos, the country’s minister of Defense, also gave his opinion on the topic, describing it as a delicate subject for national security.
Irrespective of Alvaro Uribe’s statement, the news has already spread and the first decisions have been taken. The Office of the Attorney General (procuraduría) gave the order to investigate who is in charge of the illegal tapping. Earlier, the CTI, the investigation department of the Prosecutor General’s Office (fiscalía), had taken control of the premises where the tapping was being organized, and Jorge Lagos resigned from his post as deputy counter-intelligence director. Apart from that, Felipe Muñoz, head of DAS, announced that a special committee will be set up to look into the problem.
All these decisions were taken after Semana published on Sunday its cover story on the topic. According to one of the detectives who works in DAS and who spoke to the magazine, “here (at DAS) you look at targets who can be a threat to the safety of the State and the president. Among them you can find the guerrillas, criminal gangs and drug traffickers. But also, and that is obvious because of the functions DAS is in charge of, controlling some people and institutions in order to inform the Presidency. For example, how can we not control (Gustavo) Petro, who is a former guerrilla and a member of the opposition? Or Piedad Córdoba (liberal party senator), because of her links to Chávez and the guerrilla?” The magazine confirmed this with four other members of DAS.
Other important figures who have been tapped are members of the Supreme Court and Iván Velásquez, a judge who leads the investigations regarding the links between politicians and paramilitary leaders and who had more than 1,900 phone calls intercepted. Journalists have also suffered from this problem. A counterintelligence detective told SEMANA that one of the goals behind tapping media and journalists “is informing the government of what is being done in the media, in order to give the government some time to react when critical situations arise”.
The subject of illegally tapping members of the Supreme Court and the government, journalists and opposition leaders is only the tip of the iceberg of what is happening in the intelligence agency. The disorder has not only been capitalized on by members of the government to get “political favours”. Criminal organizations such as drug traffickers, paramilitaries or the guerrilla have also found there a very valuable source of information which is sold to the highest bidder.
SEMANA obtained judicial record certificates sold to paramilitaries two years ago controlled by drug trafficker Miguel Ángel Mejía Múnera. The confidential documents, which can only be requested by a small number of DAS directors, were surprisingly in the hands of Nicolás Escobar, a close friend of the paramilitary leader who demobilized and is now in prison.
The Army also found last year a computer, owned by members of the ELN guerrilla group, which contained DAS documents about the operations of that agency against the rebels.
All in all, this debate has raised again a vital question: What must be done with DAS? The agency will never be able to carry out its main goals –provide intelligence to defend Colombian democracy- if actions such as illegally tapping people are considered by some of its workers as “normal”. Just as the body count policy led to the deadly false positives scandal, the idea that any detractor of the President or the government is a “legitimate target” resulted in the tapping of journalists, judges and politicians. It is definitely very dangerous for democracy in this country that DAS operates like a political police force and that some of its employees use their post to commit a crime.
Investigation by SEMANA.
23 febrero 2009
Find this story at 23 Feruary 2009
COPYRIGHT©2014 PUBLICACIONES SEMANA S.A.
Edward Snowden: US government spied on human rights workers10 april 2014
Whistleblower tells Council of Europe NSA deliberately snooped on groups such as Human Rights Watch and Amnesty International
The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe’s top human rights body.
Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.
He told council members: “The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States.” Snowden did not reveal which groups the NSA had bugged.
The assembly asked Snowden if the US spied on the “highly sensitive and confidential communications” of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: “The answer is, without question, yes. Absolutely.”
Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency’s servers in an interview with Vanity Fair. He described the number released by investigators as “simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career.”
He added: “Look at the language officials use in sworn testimony about these records: ‘could have,’ ‘may have,’ ‘potentially.’ They’re prevaricating. Every single one of those officials knows I don’t have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, ‘We have no idea what he has, because the NSA’s auditing of systems holding hundreds of millions of Americans’ data is so negligent that any high-school dropout can walk out the door with it’?”
In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA’s powerful surveillance programs violate the EU’s privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen “trillions” of private communications.
“This technology represents the most significant new threat to civil liberties in modern times,” he declared.
XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.
Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual’s metadata and content “without judicial approval or prior review”.
In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a “de facto policy of guilt by association”, he added.
Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.
The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals “across specific routes”.
Others who fell under its purview included people who accidentally followed a wrong link, downloaded the wrong file, or “simply visited an internet sex forum”. French citizens who logged on to a suspected network were also targeted, he said.
The XKeyscore program amounted to an egregious form of mass surveillance, Snowden suggested, because it hoovered up data from “entire populations”. Anyone using non-encrypted communications might be targeted on the basis of their “religious beliefs, sexual or political affiliations, transactions with certain businesses” and even “gun ownership”, he claimed.
Snowden said he did not believe the NSA was engaged in “nightmare scenarios”, such as the active compilation of a list of homosexuals “to round them up and send them into camps”. But he said that the infrastructure allowing this to happen had been built. The NSA, its allies, authoritarian governments and even private organisations could all abuse this technology, he said, adding that mass surveillance was a “global problem”. It led to “less liberal and safe societies”, he told the council.
At times assembly members struggled to follow Snowden’s rapid, sometimes technical delivery. At one point the session’s chairperson begged him to slow down, so the translators could catch up.
Snowden also criticised the British spy agency GCHQ. He cited the agency’s Optic Nerve program revealed by the Guardian in February. It was, he said, one of many “abusive” examples of state snooping. Under the program GCHQ bulk collects images from Yahoo webcam chats. Many of these images were “intensely private” Snowden said, depicting some form of nudity, and often taken from the “bedrooms and private homes” of people not suspected of individualised wrongdoing. “[Optic Nerve] continued even after GCHQ became aware that the vast majority had no intelligence value at all,” Snowden said.
Snowden made clear he did believe in legitimate intelligence operations. “I would like to clarify I have no intention to harm the US government or strain [its] bilateral ties,” he asserted, adding that he wanted to improve government, not bring it down.
The exiled American spy, however, said the NSA should abandon its electronic surveillance of entire civilian populations. Instead, he said, it should go back to the traditional model of eavesdropping against specific targets, such as “North Korea, terrorists, cyber-actors, or anyone else.”
Snowden also urged members of the Council of Europe to encrypt their personal communications. He said that encryption, used properly, could still withstand “brute force attacks” from powerful spy agencies and others. “Properly implemented algorithms backed up by truly random keys of significant length … all require more energy to decrypt than exists in the universe,” he said.
The international organisation defended its decision to invite Snowden to testify. In a statement on Monday, it said: “Edward Snowden has triggered a massive public debate on privacy in the internet age. We hope to ask him what his revelations mean for ordinary users and how they should protect their privacy and what kind of restrictions Europe should impose on state surveillance.”
The council invited the White House to give evidence but it declined.
In the Vanity Fair interview the whistleblower said he paid the bill in the Mira Hotel using his own credit card because he wanted to demonstrate he was not working for a foreign intelligence agency. “My hope was that avoiding ambiguity would prevent spy accusations and create more room for reasonable debate,” he told the magazine. “Unfortunately, a few of the less responsible members of Congress embraced the spy charges for political reasons, as they still do to this day.”
The NSA says Snowden should have brought his complaints to its own internal oversight and compliance bodies. Snowden, however, insisted he did raise concerns formally, including through emails sent to the NSA’s lawyers. “I directly challenge the NSA to deny that I contacted NSA oversight and compliance bodies directly via email,” he stated.
Luke Harding
The Guardian, Tuesday 8 April 2014 16.49 BST
Find this story at 8 April 2014
© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.
Al Sharpton’s Secret Work As FBI Informant; Untold story of how activist once aided Mafia probes10 april 2014
APRIL 7–When friends and family members gathered recently at the White House for a private celebration of Michelle Obama’s 50th birthday, one of the invited partygoers was a former paid FBI Mafia informant.
That same man attended February’s state dinner in honor of French President Francois Hollande. He was seated with his girlfriend at a table adjacent to President Barack Obama, who is likely unaware that, according to federal agents, his guest once interacted with members of four of New York City’s five organized crime families. He even secretly taped some of those wiseguys using a briefcase that FBI technicians outfitted with a recording device.
The high-profile Obama supporter was also on the dais atop the U.S. Capitol steps last year when the president was sworn in for a second term. He was seated in front of the chairman of the Joint Chiefs of Staff, two rows behind Beyonce and Jay Z, and about 20 feet from Eric Holder, the country’s top law enforcement officer. As head of the Department of Justice, Attorney General Holder leads an agency that once reported that Obama’s inauguration guest also had La Cosa Nostra contacts beyond Gotham, and engaged in “conversations with LCN members from other parts of the United States.”
The former mob snitch has become a regular in the White House, where he has met with the 44th president in the East Room, the Roosevelt Room, and the Oval Office. He has also attended Obama Christmas parties, speeches, policy announcements, and even watched a Super Bowl with the First Family (an evening the man has called “one of the highlights of my life”). During these gatherings, he has mingled with cabinet members, top Obama aides, military leaders, business executives, and members of Congress. His former confederates were a decidedly dicier lot: ex-convicts, extortionists, heroin traffickers, and mob henchmen. The man’s surreptitious recordings, FBI records show, aided his government handlers in the successful targeting of powerful Mafia figures with nicknames like Benny Eggs, Chin, Fritzy, Corky, and Baldy Dom.
Later this week, Obama will travel to New York and appear in a Manhattan hotel ballroom at the side of the man whom FBI agents primarily referred to as “CI-7”–short for confidential informant #7–in secret court filings. In those documents, investigators vouched for him as a reliable, productive, and accurate source of information about underworld figures.
The ex-informant has been one of Obama’s most unwavering backers, a cheerleader who has nightly bludgeoned the president’s Republican opponents in televised broadsides. For his part, Obama has sought the man’s counsel, embraced him publicly, and saluted his “commitment to fight injustice and inequality.” The president has even commented favorably on his friend’s svelte figure, the physical manifestation of a rehabilitation effort that coincided with Obama’s ascension to the White House. This radical makeover has brought the man wealth, a daily TV show, bespoke suits, a luxury Upper West Side apartment, and a spot on best seller lists.
Most importantly, he has the ear of the President of the United States, an equally remarkable and perplexing achievement for the former FBI asset known as “CI-7,” the Rev. Al Sharpton.
A lengthy investigation by The Smoking Gun has uncovered remarkable details about Sharpton’s past work as an informant for a joint organized crime task force comprised of FBI agents and NYPD detectives, as well as his dealings with an assortment of wiseguys.
Beginning in the mid-1980s and spanning several years, Sharpton’s cooperation was fraught with danger since the FBI’s principal targets were leaders of the Genovese crime family, the country’s largest and most feared Mafia outfit. In addition to aiding the FBI/NYPD task force, which was known as the “Genovese squad,” Sharpton’s cooperation extended to several other investigative agencies.
TSG’s account of Sharpton’s secret life as “CI-7” is based on hundreds of pages of confidential FBI affidavits, documents released by the bureau in response to Freedom of Information Act requests, court records, and extensive interviews with six members of the Genovese squad, as well as other law enforcement officials to whom the activist provided assistance.
Like almost every other FBI informant, Sharpton was solely an information source. The parameters of his cooperation did not include Sharpton ever surfacing publicly or testifying on a witness stand.
Genovese squad investigators–representing both the FBI and NYPD–recalled how Sharpton, now 59, deftly extracted information from wiseguys. In fact, one Gambino crime family figure became so comfortable with the protest leader that he spoke openly–during ten wired face-to-face meetings–about a wide range of mob business, from shylocking and extortions to death threats and the sanity of Vincent “Chin” Gigante, the Genovese boss who long feigned mental illness in a bid to deflect law enforcement scrutiny. As the mafioso expounded on these topics, Sharpton’s briefcase–a specially customized Hartmann model–recorded his every word.
Task force members, who were interviewed separately, spoke on the condition of anonymity when describing Sharpton’s work as an informant and the Genovese squad’s activities. Some of these investigators provided internal FBI documents to a reporter.
Records obtained by TSG show that information gathered by Sharpton was used by federal investigators to help secure court authorization to bug two Genovese family social clubs, including Gigante’s Greenwich Village headquarters, three autos used by crime family leaders, and more than a dozen phone lines. These listening devices and wiretaps were approved during the course of a major racketeering investigation targeting the Genovese family’s hierarchy.
A total of eight separate U.S. District Court judges–presiding in four federal jurisdictions–signed interception orders that were based on sworn FBI affidavits including information gathered by Sharpton. The phones bugged as a result of these court orders included two lines in Gigante’s Manhattan townhouse, the home phone of Genovese captain Dominick “Baldy Dom” Canterino, and the office lines of music industry power Morris Levy, a longtime Genovese family associate. The resulting surreptitious recordings were eventually used to help convict an assortment of Mafia members and associates.
Investigators also used Sharpton’s information in an application for a wiretap on the telephone in the Queens residence of Federico “Fritzy” Giovanelli, a Genovese soldier. Giovanelli was sentenced to 20 years in prison for racketeering following a trial during which those recordings were played for jurors. In a recent interview, the 82-year-old Giovanelli–now three years removed from his latest stint in federal custody–said that he was unaware that Sharpton contributed in any fashion to his phone’s bugging. He then jokingly chided a reporter for inquiring about the civil rights leader’s past. “Poor Sharpton, he cleaned up his life and you want to ruin him,” Giovanelli laughed.
While Sharpton’s acrimonious history with law enforcement–especially the NYPD–rankled some Genovese squad investigators, they nonetheless grudgingly acknowledged in interviews that the activist produced for those he would go on to frequently pillory.
Genovese squad members, however, did not share with Sharpton specific details about how they were using the information he was gathering for them. This is standard practice since FBI affidavits in support of wiretap applications are filed under seal by Department of Justice prosecutors. Still, Sharpton was briefed in advance of his undercover sorties, so he was well aware of the squad’s investigative interest in Gigante and his Mafia cronies.
Sharpton vehemently denies having worked as an FBI informant. He has alleged that claims of government cooperation were attempts by dark forces to stunt his aggressive brand of civil rights advocacy or, perhaps, get him killed. In his most recent book, “The Rejected Stone,” which hit best seller lists following its October 2013 publication, Sharpton claimed to have once been “set up by the government,” whose agents later leaked “false information” that “could have gotten me killed.” He added, “So I have been seriously tested in what I believe over the years.”
In an interview Saturday, Sharpton again denied working as a confidential informant, claiming that his prior cooperation with FBI agents was limited to efforts to prompt investigations of drug dealing in minority communities, as well as the swindling of black artists in the recording industry. He also repeatedly denied being “flipped” by federal agents in the course of an undercover operation. When asked specifically about his recording of the Gambino crime family member, Sharpton was noncommittal: “I’m not saying yes, I’m not saying no.”
If Sharpton’s account is to be believed, he was simply a concerned citizen who voluntarily (and briefly) joined arm-in-arm with federal agents, perhaps risking peril in the process. The other explanation for Sharpton’s cooperation–one that has uniformly been offered by knowledgeable law enforcement agents–presents the reverend in a less noble light. Worried that he could face criminal charges, Sharpton opted for the path of self-preservation and did what the FBI asked. Which is usually how someone is compelled to repeatedly record a gangster discussing murder, extortion, and loan sharking.
Sharpton spoke for an hour in an office at the House of Justice, his Harlem headquarters, where he had just finished addressing a crowd of about 200 people that included his two adult daughters and his second wife (from whom he has been separated for ten years). A few minutes into the interview, Sharpton asked, “Are you taping this?” A TSG reporter answered that he was not recording their interview, but had a digital recorder and wished to do so. Sharpton declined that request.
In the absence of any real examination/exhumation of Sharpton’s past involvement with the FBI and the Mafia, his denials have served the civil rights leader well. Scores of articles and broadcast reports about the Obama-era “rehabilitation” of Sharpton have mentioned his inflammatory past–Tawana Brawley, Crown Heights, Freddy’s Fashion Mart, and various anti-Semitic and homophobic statements. But his organized crime connections and related informant work have received no such scrutiny.
In a “60 Minutes” profile aired three months before the August 2011 launch of Sharpton’s MSNBC show, correspondent Lesley Stahl reported on the “tame” Sharpton’s metamorphosis from “loud mouth activist” to “trusted White House advisor who’s become the president’s go-to black leader.” As for prior underworld entanglements, those were quickly dispatched: “There were allegations of mob ties, never proved,” Stahl flatly declared.
As host of MSNBC’s “PoliticsNation,” Sharpton now reluctantly identifies himself as a member of the media, if not actually a journalist. He spends his time at 30 Rockefeller Plaza surrounded by reporters, editors, and researchers committed to accuracy and the exposure of those who violate the public trust. In fact, Sharpton himself delights in a daily feature that seeks to expose liars, hypocrites, and others engaged in deceit (his targets tend to be Republican opponents of the Obama administration). As he wraps this segment, Sharpton points his finger at the camera and addresses his quarry: “Nice try, but we gotcha!”
In addition to his MSNBC post, Sharpton heads the National Action Network, which describes itself as a “Christian activist organization.” Obama, who refers to Sharpton as “Rev” or “Reverend Al,” is scheduled to deliver a keynote address Friday at the group’s annual convention in New York City. Mayor Bill DeBlasio will preside Wednesday over the convention’s ribbon cutting ceremony, while Holder and three Obama cabinet secretaries will deliver speeches.
Sharpton has been a leading supporter of Holder, who spoke at the National Action Network’s 2012 convention and saluted the reverend for “your partnership, your friendship, and also for your tireless efforts to speak out for the voiceless, to stand up for the powerless, and to shine a light on the problems we must solve, and the promises we must fulfill.” Last Friday, Sharpton appeared on a panel at a Department of Justice forum led by Tony West, the agency’s third-ranking official. West thanked Sharpton for his “leadership, day in and day out, on issues of reconciliation and community restoration.”
According to its most recent IRS return, which Sharpton signed in mid-November 2013, the National Action Network pays him $241,402 annually for serving as president and CEO. In return for that hefty salary, Sharpton–who hosts a three-hour daily radio show in addition to his nightly cable TV program–reportedly works a 40-hour week for the not-for-profit (which lists unpaid tax liabilities totaling $813,576).
For longtime observers, the “new” Sharpton’s public prominence and West Wing access is bewildering considering that his history, mob ties included, could charitably be described as checkered. In fact, Obama has banished others guilty of lesser transgressions (see: Wright, Jeremiah).
Sharpton now calls himself a “refined agitator,” an activist no longer prone to incendiary language or careless provocations. Indeed, a Google check confirms that it has been years since he labeled a detractor a “faggot,” used the term “homos,” or derisively referred to Jewish diamond merchants.
* * *
As an “informant in development,” as one federal investigator referred to Sharpton, the protest leader was seen as an intriguing prospective source, since he had significant contacts in politics, boxing, and the music industry.
Before he was “flipped” in the course of an FBI sting operation in 1983, Sharpton had established relationships with promoter Don King, various elected officials, and several powerful New York hoodlums involved in concert promotion, record distribution, and talent management. At the time, the music business was “overrun by hustlers, con artists, black and white,” Sharpton recalled in his 1996 autobiography. A federal agent who was not part of the Genovese squad–but who also used Sharpton as an informant–recalled that “everyone was trying to mine” his music industry ties.
In fact, by any measure, Sharpton himself was a Mafia “associate,” the law enforcement designation given to mob affiliates who, while not initiated, work with and for crime family members. While occupying the lowest rung on the LCN org chart–which is topped by a boss-underboss-consigliere triumvirate–associates far outnumber “made” men, and play central roles in a crime family’s operation, from money-making pursuits to more violent endeavors.
For more than four years, the fact that Sharpton was working as an informant was known only to members of the Genovese squad and a small number of other law enforcement agents. As with any Mafia informant, protecting Sharpton’s identity was crucial to maintaining the viability of ongoing investigations. Not to mention keeping him alive.
For example, an episode recounted by TSG sources highlighted the sensitive nature of Sharpton’s cooperation with the FBI/NYPD task force.
In advance of seeking court authorization to bug a pair of Genovese family social clubs and a Cadillac used by Gigante and Canterino, a draft version of a wiretap affidavit was circulated for review within the Genovese squad, which operated from the FBI’s lower Manhattan headquarters. The 53-page document, which detailed the “probable cause” to believe that listening devices would yield incriminating conversations, concerned some investigators due to the degree to which the activities of Sharpton were described in the document.
While the affidavit prepared by FBI Agent Gerald King and a federal prosecutor only referred to Sharpton as “CI-7,” the document included the name of a Gambino mobster whom Sharpton taped, as well as the dates and details of five of their recorded meetings. Such specificity was problematic since the possibility existed that the affidavit’s finalized version could someday be turned over to defense lawyers in the discovery phase of a criminal trial.
Investigators fretted that Sharpton could easily be unmasked by the Gambino member, who, if ever questioned about his meetings with “CI-7,” would surely realize that Sharpton was the wired informant referred to in the FBI affidavit. That discovery, of course, could have placed Sharpton’s life in grave danger. The Gambino wiseguy, too, likely would have faced trouble, since he was recorded speaking about a wide range of Mafia matters, including Gigante’s illegal operations. The Genovese power–rightly paranoid about bugged phones and listening devices–famously forbid fellow gangsters from even speaking his name. In fact, if a wiseguy had to refer to Gigante during an in-person meeting, a quick stroke of the chin was the acceptable means of identification.
In response to concerns about the King affidavit, the draft, which a source provided to TSG, was rewritten to carefully shroud Sharpton’s work with government agents. The affidavit’s final version–which was submitted to two federal judges–no longer included the disclosure that “CI-7” had “consensually recorded his conversations” with a gangster. The wiseguy’s name was also deleted from the document, as was any reference to the Gambino family or the informant’s sex.
Instead, the revamped affidavit simply noted that “CI-7 reported” to the FBI various details of Genovese family rackets. The actual source of that valuable intelligence about Gigante & Co. had been carefully obscured. As were the details of how that information was obtained via Sharpton’s battery-powered valise.
But despite efforts like this to protect Sharpton, some details of his informant work leaked out in January 1988, when New York Newsday reported that the civil rights activist had cooperated with federal investigations targeting organized crime figures and Don King. Though he reportedly made incriminating admissions to the newspaper, Sharpton quickly issued vehement denials that he had snitched on anyone.
While acknowledging contact with law enforcement officials, Sharpton–then involved in the early stages of the Tawana Brawley hoax–said he sought the help of investigators to combat the crack cocaine epidemic ravaging New York’s poorest communities. Sharpton also claimed to have contacted agents (and pledged his assistance) after a Mafia associate allegedly threatened him over a music industry dispute.
Sharpton asserted that a phone installed in his Brooklyn apartment by federal investigators in mid-1987 was there to serve as a “hotline” for the public to report drug dealing. He flatly denied recording phone conversations at the direction of law enforcement agents. In one radio interview, Sharpton even declared, “We have an ethical thing against wiretapping.”
In fact, Sharpton had been cooperating with the U.S. Attorney’s Office in Brooklyn as part of an investigation targeting Don King. According to a source involved with that probe, federal agents “ran him for a couple of months,” during which time Sharpton “did some recordings” via his new home telephone. But the nascent Department of Justice operation was abruptly shuttered in the wake of the New York Newsday story.
The Brooklyn investigators were introduced to Sharpton in late-1987 by Joseph Spinelli, one of the reverend’s former FBI handlers (and one of the agents who initially secured his cooperation with the bureau). While Spinelli had left the FBI for another government post, he still helped facilitate Sharpton’s interaction with other investigators. “Joe was shopping him around,” one source recalled.
For example, in July 1987, Spinelli called a federal prosecutor in Los Angeles and offered Sharpton’s assistance with a matter the lawyer was handling. The case involved Salvatore Pisello, a mobbed-up music industry figure who had just been indicted for tax evasion (and whom Sharpton had previously accused of threatening his life).
Referring to Sharpton, ex-prosecutor Marvin Rudnick said in an interview, “I didn’t know who he was” when Spinelli called. In subsequent conversations with Rudnick, Sharpton provided information about Pisello and a related music industry matter that was being scrutinized by Justice Department investigators.
While Sharpton would not prove particularly helpful to Rudnick, the attorney clearly recalled his brief, unorthodox dealings with the New York activist. “I remember having to go to a pay phone to take the call because he didn’t want it to be traced,” Rudnick laughed.
* * *
So why did Sharpton agree to become an FBI informant? And why was he willing to risk the dangers inherent in such cooperation?
“He thought he didn’t have a choice,” one Genovese squad agent recalled.
In the course of an investigation being run by Spinelli and his partner John Pritchard, Sharpton was secretly recorded in meetings with an FBI undercover agent posing as a wealthy drug dealer seeking to promote boxing matches.
As previously reported, Colombo crime family captain Michael Franzese, who knew Sharpton, enlisted the activist’s help in connecting with Don King. Franzese and Sharpton were later surreptitiously filmed during one meeting with the undercover, while Sharpton and Daniel Pagano, a Genovese soldier, were recorded at another sit-down. Pagano’s father Joseph was a Genovese power deeply involved in the entertainment industry (and who also managed the crime family’s rackets in counties north of New York City).
During one meeting with Sharpton, the undercover agent offered to get him “pure coke” at $35,000 a kilo. As the phony drug kingpin spoke, Sharpton nodded his head and said, “I hear you.” When the undercover promised Sharpton a 10 percent finder’s fee if he could arrange the purchase of several kilos, the reverend referred to an unnamed buyer and said, “If he’s gonna do it, he’ll do it much more than that.” The FBI agent steered the conversation toward the possible procurement of cocaine, sources said, since investigators believed that Sharpton acquaintance Daniel Pagano–who was not present–was looking to consummate drug deals. Joseph Pagano, an East Harlem native who rose through a Genovese crew notorious for narcotics trafficking, spent nearly seven years in federal prison for heroin distribution.
While Sharpton did not explicitly offer to arrange a drug deal, some investigators thought his interaction with the undercover agent could be construed as a violation of federal conspiracy laws. Though an actual prosecution, an ex-FBI agent acknowledged, would have been “a reach,” agents decided to approach Sharpton and attempt to “flip” the activist, who was then shy of his 30th birthday. In light of Sharpton’s relationship with Don King, FBI agents wanted his help in connection with the bureau’s three-year-old boxing investigation, code named “Crown Royal” and headed by Spinelli and Pritchard.
The FBI agents confronted Sharpton with the undercover videos and warned that he could face criminal charges as a result of the secret recordings. Sharpton, of course, could have walked out and ran to King, Franzese, or Pagano and reported the FBI approach (and the fact that drug dealer “Victor Quintana” was actually a federal agent).
In subsequent denials that he had been “flipped,” Sharpton has contended that he stiffened in the face of the FBI agents, meeting their bluff with bluster and bravado. He claimed to have turned away Spinelli & Co., daring them to “Indict me” and “Prosecute.” Sharpton has complained that the seasoned investigators were “trying to sting me, entrap me…a young minister.”
In fact, Sharpton fell for the FBI ruse and agreed to cooperate, a far-reaching decision he made without input from a lawyer, according to sources. “I think there was some fear [of prosecution] on his part,” recalled a former federal agent. In a TSG interview, Sharpton claimed that he rebuffed the FBI agents, who, he added, threatened to serve him with a subpoena to testify before a federal grand jury investigating King. After being confronted by the bureau, Sharpton said he consulted with an attorney (whom he declined to identify).
Following bureau guidelines, agents formally opened a “137” informant file on Sharpton, a move that was approved by FBI supervisors, according to several sources. Agents anticipated using Sharpton in the “Crown Royal” case focusing on King, but during initial debriefings of their new recruit, it became clear that his contacts in the music business were equally appealing.
Sharpton had met James Brown in the mid-70s, and became extremely close to the R&B superstar. He worked for and traveled with the mercurial performer, married one of Brown’s backup singers, and wore the same processed hairdo as the entertainer. Like Brown, Sharpton would sometimes even wear a cowboy hat atop his tribute conk.
It was first through executives at Spring Records, a small Manhattan-based label affiliated with Brown, that Sharpton–who worked from the firm’s office–was introduced to various wiseguys, including Franzese. His circle of mob contacts would grow to include, among others, the Paganos, Carmine DeNoia, an imposing Pagano associate known as “Wassel,” and Joseph “Joe Bana” Buonanno, a Gambino crime family figure involved in record distribution and production.
At one point before he was “flipped,” Sharpton participated in a mob scheme to create a business front that would seek a share of lucrative Con Edison set-asides intended for minority-owned businesses. That deal, which involved garbage collection contracts, cratered when the power company determined that Sharpton’s silent partner was Genovese captain Matthew “Matty the Horse” Ianniello. Details of the Con Ed plot emerged at a federal criminal trial of Ianniello and his business partner Benjamin Cohen. It was Cohen, who worked across the hall from Spring Records, who recruited Sharpton for the mob garbage gambit.
After his attempted detour into waste management, Sharpton returned his focus to the music industry, which, as he observed in his first book, “is an extremely dirty endeavor, because it is a cash business.” Sharpton continued, “Music is a street business, and that’s where organized crime is, on the street.” Still, he noted, “I wanted to learn more.”
One of Sharpton’s teachers was an ex-con named Robert Curington, a music producer with a questionable history.
Curington, a standout running back at North Carolina Central University, played for several pro teams until injuries forced his retirement in 1969. He transitioned into music management and teamed with legendary WBLS DJ Frankie Crocker to promote concerts featuring R&B acts like Barry White, The Dramatics, and The O’Jays. At the time, Curington had a desk inside the Broadway office of Calla Records, a small soul label headed by Nate McCalla, a Morris Levy bodyguard/sidekick. McCalla, who was murdered in 1980, was, according to an NYPD report, also connected with Colombo crime family underboss John “Sonny” Franzese, father of Michael.
In addition to his music pursuits, Curington also distributed heroin, according to Drug Enforcement Administration records.
Curington was twice indicted on federal narcotics trafficking charges. After being acquitted in a 1975 case, he was arrested again in 1977 after agents found a kilo of heroin inside a briefcase in a cream-colored Thunderbird carrying Curington and pal Frank Townsend, DEA agents reported.
According to prosecution filings in the second case, federal agents had twice observed Curington “transacting sales of heroin with a DEA informant” months prior to his arrest with Townsend. In a court opinion, a federal judge declared that the men “were known by the DEA agents to be major narcotics traffickers.” Curington was more charitable in his description of Townsend, whom he identified in one court filing as a fellow concert promoter who was “also in the adhesives business.”
After a mistrial, Curington pleaded guilty to a single count related to the receipt of 480 bars of mannite, which traffickers use to cut heroin. In August 1978, he was sentenced to two years in federal prison on the felony charge, and ordered to serve three years of “special parole” upon his release from custody. The mannite, according to court and DEA records, had been delivered by an undercover agent to the Upper West Side apartment of Curington’s girlfriend.
Curington, who was married with two young daughters, was also dating Sylvia Rhone after meeting the 25-year-old at Buddah Records, where she worked as an assistant. As a DEA informant sought to arrange the mannite delivery, he called Rhone in an effort to locate Curington. The informant told Rhone that Curington “asked me to get something for him and I contacted these people and I got it for him…and I’m sitting on it and holding it,” according to a DEA transcript of the recorded conversation. “Well, I think you should keep trying you know,” Rhone replied.
Rhone, who was not charged in the narcotics case, would later become the music industry’s most influential female executive. Now 62, Rhone has previously headed the Elektra Entertainment Group and Universal Motown Records. Last month, she was appointed president of Epic Records, whose artist roster includes Michael Jackson, Prince, Outkast, and Ozzy Osbourne.
While Curington was helping Rhone pay the rent on her West 90th Street apartment, his wife and children were living in New Jersey. As he explained in a letter to his sentencing judge, Curington’s “heart was in New York and the hearth was in New Jersey.”
Curington’s kin had decamped to the Garden State after two gunmen forced their way into the family’s Upper East Side apartment and demanded money. One of the intruders accompanied Curington to a Chemical Bank branch, where he retrieved $11,000 from a safe deposit box. The other gunman held Curington’s pregnant wife hostage in the apartment until his partner received the cash. When Curington returned to his home, he found his wife tied to a chair, but otherwise unharmed. The gunmen, dressed as maintenance workers, also stole nearly $4000 in jewelry.
A New York Times story about the home invasion described Curington as a “musical booking agent,” but made no mention that the crime appeared to be a by-product of his other business interests.
In recent interviews, Curington, 72, described the mobbed-up Levy as his “rabbi.” Remarking on the wide influence of the Genovese crime family associate, who was worth $59 million at the time of his death, Curington said, “We all served the same God.” Curington, who was valued as a record promoter due to his friendship with Crocker, also spoke of working closely with Buonanno, a former Levy partner, and meeting with Joseph Pagano to get the Genovese soldier’s approval for certain music business endeavors.
As for Sharpton, Curington said that he worked closely with the activist when Sharpton was “young and stupid and broke” and seeking to pressure large music labels and concert promoters into spending more money in the black community. Sharpton threatened to organize pickets and boycotts unless a target handed over money–usually in the form of a contribution to the National Youth Movement, the predecessor organization to Sharpton’s National Action Network. Sometimes, a block of concert tickets could also quash a protest.
The youth group’s finances were in shambles, and Sharpton never bothered to file tax returns or New York State disclosure forms for the not-for-profit. Curington, who Sharpton named the organization’s “Vice President of Industrial Affairs,” helped the preacher organize demonstrations during which Sharpton splashed red paint on buildings that he identified as crack houses. Amidst all the newspaper and TV coverage of Sharpton’s stunts, nobody noticed that the reverend’s sidekick was a convicted felon familiar with the wholesale end of the narcotics business.
While working with Sharpton, Curington was also partners with Buonanno, who owned a thriving record distribution business headquartered in an upper Manhattan warehouse, as well as several retail record stores. Curington and Buonanno, a volatile chain smoker, operated the Bullseye and Friends & Co. record labels, which specialized in Latin, Disco, and R&B releases. They shared producing credits on singer Esther Williams’s 1981 album “Inside of Me,” with Buonanno identified in the liner notes by his alias, “Joe Bana.”
Of the two partners, Curington had the “ears” and musical ability. Buonanno, as Curington testified in a 2008 civil deposition, was not “musically inclined.” Curington added that Buonanno “spoke heavy Italian. He was a wise guy.”
Buonanno grew up in East Harlem with Joseph Pagano, “Wassel” DeNoia, and an assortment of future hoodlums. He dropped out of high school after two years and joined the Marine Corps in 1943, only to soon go AWOL. Buonanno was subsequently arrested, court martialed, and sentenced to three years in prison, according to court records. He served about a year in custody and rejoined the Corps for 18 months of post-war service (which was split between China, Japan, Guam, and the Caroline Islands). He came back to New York and worked as a salvage operator and trucker before landing a job as general manager of an East Harlem-based garbage company owned by his uncles.
Buonanno returned to federal custody in 1961 for his role in the sale of nearly half-a-kilo of heroin to an undercover Treasury Department agent (who paid about $6000 for the drug during a meet at a Queens motel). At trial, Buonanno, then 35, made it seem he was a naïf when it came to narcotics. During cross-examination by a federal prosecutor, Buonanno was asked, “Do you know what junk is?” He replied, “Before this courtroom, I always thought it took place in the junk shop.” In reply to a inquiry about his knowledge of heroin, Buonanno testified, “I read about it in the papers.”
A federal jury later convicted both Buonanno and Francis Kenny on a pair of felony drug charges. Buonanno, though, handled the guilty verdict better than his 28-year-old codefendant. Immediately following the duo’s conviction, Kenny, while being escorted by a pair of marshals to a courthouse jail cell, broke free and dove over a stairway bannister, plunging about three floors to his death.
Sentenced to five years in custody, Buonanno did some of that time in the Lewisburg, Pennsylvania lockup where “Chin” Gigante was concurrently incarcerated for heroin distribution, according to federal Bureau of Prisons records.
Buonanno did not, however, serve his full sentence, thanks to a successful petition for executive clemency that argued he played a limited role in the heroin transaction. In a memo written two weeks after his brother was assassinated, Attorney General Robert F. Kennedy noted that he was willing to give Buonanno “some benefit of doubt,” and recommended that the felon’s sentence be immediately commuted. In March 1964, President Lyndon B. Johnson granted Buonanno’s clemency bid, springing him from prison a year early.
***
After Sharpton agreed to cooperate with the FBI, agents debriefed him in an effort to identify avenues of investigation for which he could be helpful. Initially, the bureau adopted a “shotgun approach” when it came to their new confidential source, recalled one Genovese squad member. Sharpton, the investigator added, was an “informant in development” whom agents sent out to gather information from a wide variety of contacts. While Sharpton circulated in several target-rich environments, his greatest value would prove to involve mobsters.
Sharpton told his FBI handlers about his prior involvement with several Mafia figures, including Genovese soldier Joseph Pagano, whose entertainment industry investments spanned decades. According to FBI files, Pagano–who federal agents suspected of involvement in several underworld hits–once used the Copacabana nightclub as his de facto office, and had interests in talent management and booking firms.
Bureau sources reported that Pagano controlled singer Sammy Davis Jr., engaged in kickback schemes with several Columbia Records executives, had been offered an ownership interest in the Sands Hotel in Las Vegas, and even “lost a big roll [of money] to Dean Martin and Frank Sinatra.” These pursuits were slightly more glamorous than Pagano’s shylock book in Pomona or his numbers operation in Mamaroneck.
In addition to probing Pagano’s racketeering activity, agents even sought to substantiate an informant report about the mobster’s private life. The bureau’s J. Edgar Hoover-era source indicated that when Pagano was jailed in upstate New York’s Sing Sing prison, he turned gay after engaging in “homosexual activities.”
Pagano was also extremely close to Rodney Dangerfield, who performed at the wiseguy-choked 1973 nuptials of the hoodlum’s son Daniel, as well as the 1977 wedding of Pagano’s daughter, according to FBI records.
Before his comedy career took off, Dangerfield–then known as Jack Roy–sold aluminum siding door-to-door, a tin man who pleaded guilty in 1955 to six criminal charges after investigators determined that he was fraudulently securing Federal Housing Administration loans in the names of customers. Dangerfield received a one-year suspended prison sentence and probation for those crimes (the disclosure of which the comedian successfully kept under wraps).
So, like Pagano, Dangerfield was a convicted felon who knew what it was like to be investigated by the FBI. In fact, the young agent who arrested Dangerfield went on to spend more than a decade heading the organized crime division in the FBI’s New York City headquarters.
Sharpton told investigators that he thought Pagano felt “indebted” to him because he once helped broker a business meeting for Pagano with Muhammad Ali and representatives of the boxer, who was then retired. Sharpton had also met with Pagano at a National Association of Recording Merchandisers convention in Florida and at the wiseguy’s residence. Additionally, Sharpton met with Pagano’s son Daniel in Florida, at a Manhattan office, and the Stage Deli.
Sharpton also relayed to agents one of the elder Pagano’s favorite Dangerfield stories. The comedian, Pagano told Sharpton, spun a tale about how he was once pressured by a mobster who was trying to move in on a nightclub the performer owned. Dangerfield claimed the hoodlum demanded to know who the entertainer was “with,” shorthand for someone’s Mafia affiliation. “What do you mean? I’m here with my brother,” the clueless Dangerfield replied. The flustered mobster then reworded his inquiry, saying, “No, I mean who’s your rabbi?” To which the star answered, “Rabbi Horowitz!” The pair’s back-and-forth abruptly ended, Dangerfield claimed, with him getting smacked in the mouth. The story, apocryphal as it may have been, was a hit among underworld audiences.
After Sharpton’s initial debriefings were completed, his role with the FBI transitioned, as one investigator recalled, from “informational to operational.” This shift roughly coincided with the formation of the first Joint Organized Crime Task Force, which paired FBI agents with New York City detectives (each agency initially contributed about six investigators and a couple of cars to the task force).
The group, which would come to be called the “Genovese squad,” was headed by Henry Flinter, a veteran NYPD investigator, and FBI Agent John Pritchard, who was Sharpton’s handler. In this role, Pritchard would occasionally pay Sharpton small amounts of money, according to a Genovese squad member.
As the task force ramped up, its members reviewed both FBI and NYPD files, as well as informant, physical surveillance, and electronic surveillance reports. As a result, the squad’s first target became clear: Vincent “Chin” Gigante. The feared mob boss had eluded prosecution for 20 years, a period during which he rose to power within the crime family named after Vito Genovese (for whom Gigante once worked as a chauffeur/bodyguard).
The Genovese squad’s investigative plan was simple: Gather up fresh intelligence on the illegal activities of Gigante and his crew, then use that material to secure court-authorized listening devices that could yield valuable evidence against Mafia members and associates. Recalling the task force’s early investigative steps, one NYPD representative said, “We were building towards a wire.”
And that is where Al Sharpton entered the picture.
Investigators were particularly interested in the relationship Morris Levy had with the Genovese family’s leadership. The music industry power, who founded the legendary Birdland jazz club, owned Roulette Records and the Strawberries chain of retail music stores, and had muscled his way into control of the publishing rights of a massive song catalog.
Levy was also notorious for hijacking songwriting credits in order to guarantee himself ongoing royalty payments. Most famously, he claimed to have co-written “Why Do Fools Fall in Love” with 13-year-old Frankie Lymon. The mogul, who made a career of gypping R&B artists, also held a stake in Sugar Hill Records, the pioneering New Jersey rap label whose artists included Kurtis Blow, The Sugarhill Gang, and Grandmaster Flash and the Furious Five.
Despite being married and divorced five times, Levy was still worth in excess of $50 million, and had become the most valuable of underworld commodities–a reliable “earner.”
Levy was closely aligned with Thomas “Tommy Ryan” Eboli, a Genovese captain who ran the family’s Greenwich Village crew, which included Gigante and two of his brothers. Eboli, who vacationed in Italy with Levy and had a stake in several of his companies, was rubbed out in 1972, two years after becoming the family’s acting boss. Control of Levy eventually passed to Gigante and his older brother Mario.
Another Gigante sibling was also extremely close to Levy. Father Louis Gigante frequently socialized with the businessman, who gave the Roman Catholic priest a small property adjacent to his 1500-acre “Sunnyview Farm” in upstate Ghent, New York (which Levy used to entertain top record company executives, as well as the likes of McCalla, DeNoia, Curington, and Buonanno). Along with the free acre of land, Levy gave the priest a $32,000 mortgage at half the prevailing interest rate, according to real estate records. Gigante then built a ranch-style home on his property, which slopes down to a large pond.
[Though Sharpton never met “Chin” Gigante or his two brothers who were also Genovese members, the reverend did once cross paths with Father Gigante at the Brooklyn federal courthouse. Sharpton was there in support of a Demoratic congressman on trial, while Gigante was at the opposite end of the sixth floor attending his brother’s racketeering trial. During a break in both cases, Gigante–who himself was once know for staging street protests–approached Sharpton and introduced himself. The men shook hands and spoke briefly, out of earshot of a reporter.]
While Sharpton was circulating among mob-tied music industry figures, the Genovese squad was scrambling to develop background dossiers on their informant’s new acquaintances.
Investigators specifically focused on Buonanno, who had once been partners in M.R.J. Record Distributors with Levy and Eboli. In interviews, several Genovese squad members said that Daniel Pagano introduced Sharpton to Buonanno, effectively vouching for the activist. Curington, on the other hand, told TSG that he made the introduction.
In search of background on Buonanno, Genovese squad members reviewed FBI files that yielded little more than the New Jersey resident’s affiliation with the Gambino family, and the fact that agents had interviewed him years earlier about his sale of counterfeit Bob Dylan records. Buonanno–who told agents his name was “Joe Bana”–was not charged in connection with that piracy probe.
As detailed in a series of FBI memos, the Genovese squad first asked a supervisor in the bureau’s Newark office for information on Buonanno’s telephone number. Then squad members began surveilling Buonanno’s tidy split-level home in leafy New Milford, where a BMW and Mercedes-Benz were parked in the driveway. At one point, agents were able to photograph the balding wiseguy, who was partial to zipper jackets. Each of the FBI memos noted that information about Buonanno was being developed in the course of a racketeering investigation of Gigante and his Genovese crew.
In a second 1984 memo seeking help from Newark agents, a Genovese squad member wrote that Buonanno had recently been seen with Joe Pagano and another member of the Genovese family. Buonanno, the agent wrote, was affiliated with the recording industry in New York City, and was allegedly reported to be a made man “afforded a great deal of respect.”
About two months after the Genovese squad began researching Buonanno, investigators decided it was time that their “shotgun approach” with Sharpton directed some spray at the Gambino crime family figure.
Carrying the wired briefcase, Sharpton met with Buonanno on a Wednesday afternoon and recorded their conversation. While it was a short and uneventful encounter, the pair’s next meeting would prove valuable for the Genovese squad.
Three weeks after their first meeting, Buonanno opened up to Sharpton about Levy’s affiliation with “Chin” Gigante, as well as his own rocky partnership with Levy and Eboli. That business relationship soured, Buonanno recalled, after Levy accused Buonanno’s brother of stealing from their record distribution company. Buonanno told Sharpton that Levy asked Eboli to murder his brother, a request that was brought before the mob’s ruling “Commission” since two different Mafia families were involved in the dispute. Buonanno recounted that Levy’s hit demand was ultimately denied, according to an FBI summary of the second taped Sharpton-Buonanno meeting.
Over the following months, Sharpton met with Buonanno eight more times, surreptitiously recording the Gambino member on each occasion. During these encounters, an expansive Buonanno spoke about Gigante’s stranglehold on Levy, the hoodlum’s share of Levy’s retail chain, and how the businessman put up money for members of Gigante’s crew to purchase real estate.
Buonanno also told Sharpton that Joseph Pagano had, over the prior two years, sought to have Levy killed due to his intercession in an extortion scheme. While that beef was eventually settled without bloodshed, said Buonanno, Levy was ordered to pay Pagano $100,000 following a Genovese family sit-down. Confiding that Levy had frequently tried to end his relationship with the Genovese gang, Buonanno told Sharpton that the wealthy businessman “has only one way out.” Buonanno then “gestured like someone pointing a gun and pulling the trigger,” according to an FBI affidavit.
During one recorded meeting, Buonanno said that he had “learned a lot” from mob boss Carlo Gambino, whom he credited with shaping his career. He also spoke with Sharpton about a broad range of other Mafia topics, from loan sharks and numbers runners to a proposed African diamond deal and Gigante’s purported illiteracy.
Buonanno told Sharpton that he was “in the joint with ‘Chin,’” adding that the Genovese boss “hates everyone not Italian.” He also claimed that Gigante “was present” at the Eboli rubout to “make sure it was done right,” since his Greenwich Village crew “hated Tommy Ryan.” Gigante, Buonanno declared, “is a throwback to 1930’s mobsters,” according to an FBI summary.
Recalling Sharpton’s taping of Buonanno, an NYPD representative on the Genovese squad marveled, “Joe Bana just gave him a whole insight into how ‘Chin’ and Morris operated.” The source told of serving on a surveillance team during one Sharpton-Buonanno meeting at a Manhattan restaurant. The investigator accompanied squad leaders Pritchard and Flinter to a spot several blocks from the Upper East Side eatery, where they met up with Sharpton and handed him the wired briefcase. After eyeballing the restaurant while Sharpton was inside, the task force members reconnected with their informant after the meeting and retrieved the briefcase.
Sharpton, whose handlers prepped him in advance of each Buonanno meeting, was also debriefed following those encounters. Each of his tapes was reviewed by multiple investigators, and one agent was responsible for preparing a detailed written recap of what was discussed on the recordings.
Known as a “Summary of Pertinent Intercept,” those individual documents were released to TSG in response to a Freedom of Information Act request filed with the FBI. Before turning over the records, however, bureau officials redacted Sharpton’s name from the material (click here to view a representative report). Since Buonanno is deceased, his name appears in the reports because he is no longer entitled to Privacy Act protections. The “Non-telephone” intercept summaries were not contained in Buonanno’s personal FBI dossier, but rather in separate files related to the racketeering investigation of Gigante and his Genovese cohorts.
When asked about Sharpton’s ability to draw out Buonanno on sensitive mob matters, a Genovese squad investigator said the informant excelled at “playing dumb.” But that analysis fails to recognize that Sharpton is quick on his feet and has been a gifted extemporaneous speaker since his days as a young Pentecostal “wonder preacher.” It is not hard to imagine that Sharpton could have easily kept his apprehensions in check and got Buonanno talking.
[Though he has become more disciplined and less voluble, Sharpton has always been personable and easy to talk to, as most journalists could attest. Though he blamed this reporter for instigating a criminal investigation that resulted in his indictment for tax evasion, Sharpton never failed to accept subsequent phone calls or lunch invitations. In fact, he even made an appearance at this reporter’s 1995 bachelor party, invited by friends of the groom, who was not told Sharpton would be a surprise guest.]
During the months that Sharpton was secretly recording Buonanno, he was simultaneously agitating for a role in a lucrative concert tour featuring Michael Jackson and his brothers. Though Don King was involved in the promotion of the “Victory Tour” of stadiums in the U.S. and Canada, Sharpton argued that the Jacksons were not giving enough back to the community that supported them since their days on the “black chitlin’ circuit.”
In the face of boycott threats, Sharpton was named to head the Jackson tour’s “Pride Patrol,” a hastily assembled community outreach program. In his autobiography, Sharpton wrote that he was given a $500,000 budget to cover the distribution of free tickets during the 55-concert tour. He also claimed to have used some of the funds to “make donations” and hire poor kids to work security in the 22 cities the Jacksons visited. At one tour stop, a sweatsuit-clad Sharpton and some “Pride Patrol” enlistees presented Jackson with a framed certificate proclaiming that, “The Victory Tour Did Not Sell Out.”
“I was later accused of extorting money from the Jacksons,” wrote Sharpton, who also was accused of scalping “Victory Tour” tickets. He denied those charges.
Genovese squad members were aware of their informant’s “Victory Tour” involvement, since Sharpton was reporting back on his dealings with King. At one point, FBI agents learned that Sharpton could possibly accompany Michael Jackson to Washington, D.C. to meet with President Ronald Reagan. The prospect of allowing an active FBI informant to enter the White House–without telling anyone of Sharpton’s secret status as a cooperator–caused unease with FBI brass.
White House records of Jackson’s meeting with Reagan, which came two months before the “Victory Tour” launch, show that Sharpton was not among the singer’s traveling party that May morning. An FBI source could not recall if investigators asked Sharpton not to attend the South Lawn ceremony, or whether he ultimately did not rate Jackson’s guest list.
The “Victory Tour” sinecure came at an opportune time for the unemployed Sharpton since he was not flush–occasional payments from his FBI handler amounted to little more than “walking-around” money, as one investigator recalled. In fact, Curington said, Sharpton actually had to borrow money from Buonanno so that he could travel to join the Jackson tour (where promoters only disbursed money after concerts).
Curington, who began working with Buonanno in 1975, said that he thought his partner wanted Sharpton’s help in getting involved with the “Victory Tour.” Curington said Buonanno also believed Sharpton could somehow help him get a particular artist signed to a music label. When TSG first spoke with Curington last year, he said it was “no secret” that Buonanno was a “wiseguy.” He then added, unprompted, “I can’t say what he did with the Gambinos.” A reporter had not previously specified Buonanno’s crime family affiliation.
Buonanno, said Curington, had a low opinion of Sharpton, and called the 300-pound preacher a “nose picker” behind his back. The gangster, who died of throat cancer in 1998, might have resorted to harsher actions had he ever learned about Sharpton’s secret life as “CI-7.”
Armed with Sharpton’s tapes and other fresh intelligence, the Genovese squad teamed with federal prosecutors to prepare a series of wiretap applications targeting “Chin” Gigante and his closest aides, including Venero “Benny Eggs” Mangano, Louis “Bobby” Manna, Dominick “Baldy Dom” Canterino, other made men, and crime family associates like Morris Levy.
Federal judges in New York City, New Jersey, and upstate New York subsequently granted permission for the wiretapping of numerous telephones and the placement of listening devices inside Genovese social clubs and a series of vehicles used by Canterino to chauffeur Gigante. Each of those U.S. District Court applications included information gathered via Sharpton’s briefcase.
But not every bugging attempt went smoothly.
The squad’s first attempt to wire Canterino’s auto ended disastrously. The Cadillac was parked in front of the hoodlum’s home when an FBI agent broke into the auto early one morning and drove off with the car (which was to be quickly returned to its spot after the listening device was planted). “Piece of cake,” the agent radioed to nearby surveillance agents as he drove away in Canterino’s ride. “You’re burned,” replied a panicked NYPD detective who spotted Canterino at the window of his Brooklyn house watching his vehicle get stolen.
“In retrospect, it was like a Keystone comedy,” laughed a former FBI agent who was on Canterino’s Gravesend block that day. “But it wasn’t so funny when it occurred.”
The Cadillac would later be destroyed in an arson fire, prompting the Genovese squad to seek judicial permission to bug Canterino’s new Dodge. The “probable cause” for the second application included material from Sharpton’s recordings. When it became clear that Canterino had switched to a third vehicle, another Cadillac, agents got permission to place a listening device in that car. Again, the court application relied, in part, on Sharpton’s taped conversations with Buonanno.
Canterino, an ex-longshoreman who had a forearm tattoo of an anchor with the word “Mom” inscribed within it, later told Genovese squad investigators he could not fathom how the bureau succeeded in bugging his car (albeit on the third try). Sitting in a Brooklyn diner with FBI agents Michael Ross and Ronald Parker Pearson, Canterino said he “prided himself as being an excellent burglar, and it was his own anti-theft device which he had installed in the automobile,” according to an FBI interview report.
The Genovese squad also received court authorization to wiretap phones in Levy’s Manhattan office and his farm. Two lines in the Upper East Side residence of Gigante’s mistress were also bugged. That home, a townhouse between Park and Madison avenues, was purchased by Levy in 1981 for $520,000. Two years later, he sold the four-story property to Olympia Esposito, with whom Gigante had three children, for just $16,000. The Levy and Esposito wiretaps provided federal investigators with a detailed overview of how the businessman funneled millions in stock, cash, and other assets to Gigante’s paramour.
The section of the FBI wiretap affidavits containing the fruits of Sharpton’s cooperation was titled “The Extortion From and Control of Morris Levy.” The initial November 1984 affidavit, which had to be rewritten to further mask Sharpton’s identity, noted that the confidential informant had been providing information to the bureau for more than a year. The source learned of the information provided to investigators “through conversations with members of four of the LCN families in New York City, as well as in conversations with LCN members from other parts of the United States,” according to the affidavit.
As detailed in the various affidavits, the informant told FBI agents about Gigante’s control over Levy, how the mob associate was a “source of ready cash” for the Genovese gang, and that the only way Levy could escape the Mafia’s clutch was via his own death. The material placed in the affidavit was lifted directly from the bureau’s summaries of Sharpton’s meetings with Buonanno. While most of the FBI affidavits made it seem that “CI-7” was the primary source of information about Levy, Gigante, and Pagano, a latter court filing provided a more precise picture of how the informant operated. That affidavit reported that the snitch was “advised by a member of an LCN family” about the Genovese family rackets.
The electronic surveillance carried out by the Genovese squad eventually proved devastating to Levy, Canterino, and an assortment of wiseguys who would be convicted, in part, based on those surreptitious recordings (for which Sharpton helped establish the “probable cause”).
A month before Levy’s arrest on federal extortion charges, a pair of FBI agents went to his Roulette Records office to serve a grand jury subpoena for business records. While there, the investigators told Levy he had been the subject of electronic surveillance in the course of the Genovese squad probe. According to an FBI report memorializing the encounter, the agents told Levy that his life “may be in jeopardy due to the implication of Olympia Esposito and Vincent ‘Chin’ Gigante in the criminal investigation stemming from the activities of Levy.”
Levy, though, made it clear that “flipping” was not in his future. Remarking that he knew what the “rules” were, Levy told agents William Confrey and Stephen Steinhauser that he had dealt with wiseguys for 40 years and “held no fear for his safety based on these relationships.” When the agents replied that he had a choice if he felt threatened, Levy said that, “the witness security program was a joke and could not adequately protect witnesses.”
At the subsequent trial of Levy and Canterino, defense lawyers argued that the judge should direct prosecutors to identify several of the confidential FBI sources cited in wiretap affidavits. That request was denied after a Justice Department prosecutor responded that such a disclosure could result in the murder of the informants.
Defense motions specifically referred to information provided to the bureau by informants dubbed “CI-7” and “CI-8” in FBI documents. What the lawyers for Levy and his codefendants did not realize, however, was that “CI-7” and “CI-8” were the same person–Sharpton. Due to a numbering switch, the reverend was referred to as “CI-8” in the narrative of some of the FBI affidavits. Defense counsel was not apprised by prosecutors that a single FBI informant had been identified with two separate “C-I” numbers.
Levy was subsequently convicted of two felony counts and sentenced to a decade in prison, while Canterino got a dozen years. In pre-sentencing letters to the judge, Quincy Jones, Willie Nelson, Dizzy Gillespie, Tito Puente, and assorted record label executives saluted Levy’s charity and loyalty.
While free on appeal, Levy died of cancer in May 1990 at his upstate New York home. Canterino, who had survived quadruple bypass surgery, died several years later while in Bureau of Prisons custody, a less bucolic departure point than Levy’s beloved Sunnyview Farm.
With Sharpton’s help, the Genovese squad also secured a wiretap on the home phones of Federico “Fritzy” Giovanelli, a family soldier often seen at Gigante’s Sullivan Street social club, and two of the Queens wiseguy’s associates. Tapes from those bugs were subsequently used to help convict Giovanelli, Steven Maltese, and Carmine Gualtiere of a racketeering conspiracy that included the murder of Anthony Venditti, an NYPD detective assigned to the Genovese squad. Each of the men was sentenced to 20 years in federal prison, though the portion of the verdict dealing with the Venditti killing was subsequently vacated on appeal.
The 34-year-old Venditti, a married father of four young daughters, was shot to death in January 1986 while he and a partner were surveilling Giovanelli. The Genovese soldier was tried three separate times on state murder charges. The first two trials ended in hung juries, while the third case, brought after the federal appeals ruling, resulted in Giovanelli’s acquittal.
Genovese squad agents were actually monitoring Giovanelli’s phone on the evening of Venditti’s murder. They listened as his wife Carol dialed Maltese at 10:57 and yelled, “It’s all over TV. My kids are going crazy. He shot a cop!” She added, “Freddy shot a cop!” In the call’s background, sobbing can be heard. Later that evening, Giovanelli called home while in police custody and tried to calm his spouse. “Babe,” he said, “you know that’s not my style.”
During a conversation last month, Giovanelli said that the FBI bug resulted in “5000 hours of me speaking with my friends about cooking” and other innocuous topics (which, to some degree, is true). Unaware of Sharpton’s work as an FBI informant, Giovanelli said that he thought the main reason his phone calls were intercepted was “because somebody got a broken jaw,” a reference to a record distributor who had run afoul of Levy & Co. and, as a result, got beaten by Gaetano “Corky” Vastola, a member of the New Jersey-based DeCavalcante crime family. The victim, who was being extorted by a coterie of hoodlums, cooperated with the FBI and entered the Witness Security Program.
The gravelly-voiced Giovanelli, who has survived a couple of aneurysms and heart valve replacement surgery, suggested that a reporter look at “the good side” of Sharpton instead of plumbing the reverend’s past. “I feel sorry for him,” Giovanelli laughed. “Here’s a guy who lost a hundred pounds and along comes a Bastone wielding a bastone to ruin things.” In Italian, a “bastone” is a wooden cane.
While Joseph and Daniel Pagano were not primary targets of the Genovese squad, the father-son combo was the focus of a parallel probe being conducted by investigators with the New York State Attorney General’s Office. And like their federal counterparts, the AG’s Organized Crime Task Force (OCTF) would also benefit from Sharpton’s work as an informant.
Like the Genovese squad, state OCTF agents believed that listening devices would produce incriminating evidence against the Paganos and members of their Genovese crew. According to investigators with both task forces, a close relationship existed between the groups–so much so that several Genovese squad members ended up working for the state task force, which was headquartered in Westchester County, a Pagano stronghold.
When the state OCTF sought court approval in January 1986 to place a listening device in Joseph Pagano’s Rockland County home, they cited a confidential FBI source who told his handlers that the mafioso conducted business in the basement of the Monsey house. In interviews, Genovese squad and state OCTF investigators identified Sharpton as the informant who provided a first-hand description of Pagano’s residence.
As expected, that listening device–and several other OCTF bugs–generated a wealth of evidence against the Pagano crew. Joseph was overheard reminiscing about the days when he moved kilos of heroin with Anthony “Fat Tony” Salerno, a fellow son of East Harlem who preceded “Chin” Gigante as Genovese family boss. Pagano was also recorded giving a succinct analysis of his son Daniel’s executive limitations: “He’s an opener, not a closer,” Pagano said.
The OCTF investigation, which spanned more than two years, ended in June 1989 with the indictment of five Genovese crime family figures on enterprise corruption charges. But only the younger Pagano ended up in the dock. His father, who had been seriously ill during the course of the OCTF probe, died two months before a grand jury accused his son and other underlings of engaging in mob staples like loan sharking, extortion, and gambling.
Each defendant subsequently pleaded guilty to various criminal charges, so there was no public presentation of evidence against the men. Which meant that OCTF prosecutors did not have to further expound on the indictment’s allegation that Daniel Pagano “solicited the use of a bank account of the National Youth Movement” to launder money.
Sharpton, who controlled that bank account, was not charged in connection with the Pagano investigation.
* * *
According to Sharpton’s most recent book, following the “Victory Tour,” King “decided that I should become a major concert promoter, working alongside him to become to the music industry what he was to the boxing world.” Sharpton–who formed a Georgia-based company, Hit Bound, Inc., to handle music promotions–wrote that he was also being urged by Michael Jackson and James Brown to enter the concert business.
But, Sharpton declared, he opted for the more “uncertain path” of civil rights activism, eschewing the prospect of “big stacks of dollars that could be very helpful in raising a family.”
Sharpton’s unique brand of activism included working with Curington to line up the endorsements of several prominent black ministers for Senator Al D’Amato, the conservative Republican incumbent then being challenged in the 1986 general election by liberal Democrat Mark Green. The ministers backing D’Amato included Bishop Frederick Douglas Washington, whom Sharpton has described as one of his spiritual mentors. The endorsements came several months after the The New Republic reported that D’Amato had privately referred to the residents of public housing projects as “animals.”
In return for the endorsements, D’Amato–who was easily reelected–steered a $500,000 federal grant to Curington and Sharpton for the establishment of an anti-drug program in Brooklyn. According to a grant application, Curington, whose prior narcotics experience landed him on a DEA list of “Class 1” traffickers, was slated to serve as the program’s executive director. Sharpton and Curington, the application noted, also planned to secure an additional $750,000 in “corporate support” from eight record labels.
The duo’s plan foundered, however, when officials at a Brooklyn church changed their mind about allowing a drug treatment facility to operate from a church building. As a result, the $500,000 grant was later canceled.
At D’Amato’s request, Sharpton also arranged for Coretta Scott King to make a surprise appearance at the August 1988 Republican National Convention in New Orleans, according to a law enforcement official. Martin Luther King, Jr.’s widow, who Sharpton has called “my mentor,” sat in Vice President George Bush’s box, where she was greeted with a kiss by Barbara Bush.
Sharpton apparently forgot about the six-figure D’Amato handout when he was penning his latest book. Claiming that his public positions were free of unseemly calculations, he claimed, “I never asked for public funding for anything, so there would be no confusion about my motives.”
By the time Sharpton’s “uncertain path” led him to join the Tawana Brawley team in mid-December 1987–when he demanded the arrest of the “racial beasts who are terrorizing the state”–his four-year-long cooperation with law enforcement agencies had almost run its course.
It had been five months since ex-FBI Agent Joe Spinelli steered him to the Los Angeles federal prosecutor who had to position himself at a pay phone when Sharpton was ready to drop a dime. And Sharpton’s work on behalf of the Brooklyn U.S. Attorney’s Office–also at Spinelli’s urging–was snuffed out in its infancy in January 1988.
But while the Brawley affair left Sharpton radioactive for law enforcement, the same could not be said for his underworld contacts.
Beginning in late-1987 and carrying through the following year, Sharpton and Curington worked together on behalf of Sugar Hill Records to broker a multimillion dollar deal with MCA Records in Los Angeles. In an interview, Curington valued the contract at $6.5 million, adding that he and Sharpton stood to split a hefty six-figure fee for arranging the deal with MCA chairman Irving Azoff.
Sugar Hill was founded by Joe Robinson, a music industry veteran who, strapped for cash, took money from Morris Levy in return for a piece of the fledgling rap/R&B label. Like Levy and many of his peers in the rough-and-tumble record business, Robinson was unburdened by business ethics. “He was as greasy as a pork chop,” said Curington.
The Sugar Hill-MCA deal eventually collapsed amid claims that Robinson had engaged in various financial malefactions. Which, of course, did not relieve the Sugar Hill boss of his financial obligation to Curington and Sharpton. At least that was how the duo saw it.
Enveloped in debt and hurting for cash, Robinson nonetheless began getting a stream of unannounced visitors at Sugar Hill’s Englewood, New Jersey studio demanding that he pay Sharpton and Curington. On one occasion, “Joe Bana” Buonanno showed up with Genovese associate Mike Milano and confronted Robinson, who called a local cop to complain that he was being muscled by the men. Edward Stempinski, then an Englewood Police Department detective, recalled catching Buonanno and Milano at Sugar Hill, remarking that the duo “didn’t look like they should be going into a rapper’s studio.”
During a trip to Englewood, Curington was busted after punching one of Robinson’s sons. Stempinski, now retired, said that in a post-arrest interview, Curington identified himself as vice president of Sharpton’s National Youth Movement. Sharpton, who was then living in Englewood with his wife and two young daughters, also took part in the debt collection effort, visiting Sugar Hill to hector Robinson about payment, said Stempinski.
Referring to Joe Robinson, Curington admitted, in a TSG interview, to threatening the Sugar Hill boss over the money owed to him and Sharpton, adding that he warned Robinson that he would burn down Sugar Hill’s headquarters if they were not paid. Curington also admitted that he once went to Sugar Hill intending to “fuck up” Robinson, though he did not arrive solo. Curington said he was accompanied to the studio by Buonanno, “Wassel” DeNoia, and Daniel Pagano.
In an interview in his Manhattan apartment, DeNoia said that he could not recall traveling to the Sugar Hill studios to lean on Robinson. Now 88, time and illness have stripped the hulking former bookmaker of his menace, though not his affection for Sharpton and Joseph Pagano, a close friend since their youth in East Harlem. DeNoia called Sharpton a “really dear friend of mine,” saying that they met when Sharpton handled music promotions. He recalled that Sharpton became “very close” to his boyhood friend, adding that the activist “loved Joe Pagano.”
Stempinski, who shared details of the hoodlum caravan going westbound over the George Washington Bridge with several organized crime investigators, was surprised to discover that Sharpton had apparently learned of law enforcement’s monitoring of the Sugar Hill matter.
The detective arrived at work one day to find a remarkable two-page letter had been mailed to him by Sharpton, who was then eight months into his defense of Tawana Brawley.
Stempinski–who had never met or spoken with the activist–concluded that Sharpton sent the out-of-the-blue missive to him at the direction of Curington, whom Stempinski had been cultivating as a source. Curington, Stempinski recalled, “dropped dimes” on Sharpton, including a heads-up that the reverend was helping D’Amato orchestrate Coretta Scott King’s appearance at the 1988 Republican National Convention.
The August 23, 1988 correspondence stated that Sharpton and Curington had been retained as “consultants” by Robinson, who thought he was “being unduly and unfairly treated for racial reasons” by MCA. The pair was hired, Sharpton wrote, due to their MCA contacts and “standing in the black music community.” Sharpton then recounted Curington’s immersion in the Sugar Hill-MCA deal, a diligence which came at the expense of other “private business” and “community efforts” with which the duo was involved.
After noting that Robinson had leveled accusations of abuse against Curington, Sharpton dismissed those claims as false, stating that the Sugar Hill owner “fabricated” the allegations with the “intent of not meeting his obligations to me or Mr. Currington.” Sharpton declared that he would not tolerate “our movement, friends, co-workers, and associates to be prostituted and mis-used in this manner.”
Sharpton’s letter to the Englewood detective concluded with the promise that, “I can assure you I am prepared to move legally and publically (marches, press conferences) to get my money, Mr. Currington’s money, and the movement’s money. I hope these activities will be solved soon.”
Sharpton’s aggressive, preemptive strike made his position clear: He and Curington were victims of Robinson’s perfidy. And if anyone doubted that, they should prepare to endure the raucous Brawley-type protests for which Sharpton was becoming notorious.
As for menacing guys showing up at Sugar Hill’s studio, well, Sharpton’s letter did not address the sticky subject of all those Italian-American debt collectors, a group that included Buonanno, the mafioso who, years earlier, had been secretly taped by “CI-7.”
Sharpton told TSG that he could not recall writing to the New Jersey detective. Asked why an assortment of wiseguys would have been pressuring Robinson to pay a debt owed to him and Curington, Sharpton replied, “What makes you think I knew about that?”
***
Two years before signing with MSNBC in 2011, Al Sharpton traveled to Los Angeles to try and sell a daytime TV show that would have starred him in a “Judge Judy”-type role. His partner in the “Judge Sharpton” endeavor was James Rosemond, a music industry executive who paid airfare, hotel, and other expenses related to the proposal (which did not ultimately secure a Hollywood green light).
Like many of Sharpton’s prior business acquaintances, Rosemond, too, had a nickname: “Jimmy Henchman.”
At the time of the “Judge Sharpton” pitch, Rosemond, who managed hip-hop artists, already possessed a lengthy rap sheet and had served nearly seven years in prison for various weapons and narcotics convictions. He also happened to head a large bi-coastal cocaine trafficking ring. The notorious drug kingpin is now serving life in prison for that criminal operation, proceeds from which Rosemond used to cover “Judge Sharpton” costs.
In recent months, as Sharpton has been promoting his latest book, interviewers have not bothered to ask about Rosemond or any other gangsters to whom the civil rights leader has been linked.
Instead, Oprah Winfrey, Wendy Williams, Matt Lauer, and others have focused on Sharpton’s trim figure, his growing political influence, and Brawley, the albatross that hangs around his neck like Flavor Flav’s clock. Viewers of these Q&A sessions learned that daily cardio workouts and a healthy diet (no meat, two pieces of whole wheat toast for breakfast, and no food after 6 PM) can help a guy shed 54.8 percent of his body weight.
When he was last profiled on “60 Minutes,” Sharpton–“stately in his tailored suits”–was filmed inside the private Manhattan cigar club he frequents, as well as at a Sunday church pulpit. “I like folk that been knocked down and shamed and disgraced and somehow God picked them up and cleaned them off and brought ‘em back,” he told the cheering congregation.
Near the conclusion of the 12-minute piece, correspondent Lesley Stahl introduced investigative reporter Wayne Barrett, who began covering Sharpton’s exploits more than 30 years earlier, when the activist was involved in Brooklyn political campaigns. Sharpton, Barrett said, was “in the civil rights business. I don’t think he’s a civil rights leader.”
Barrett then wondered, considering Sharpton’s tawdry history, “Would anybody else be able to transcend that and be this larger than life figure?”
“He has,” Stahl chirped.
“Only because we let him,” replied Barrett.
By William Bastone with Andrew Goldberg and Joseph Jesselli
Find this story at 7 April 2014
© 2014 TSG Industries Inc.
Sharpton secretly worked as FBI mob informant: report10 april 2014
A report by the Smoking Gun reveals the Rev. Al Sharpton’s secret work as an FBI informant, collecting information on some of New York City’s top mobsters.
The longtime agitator, civil-rights activist and TV host was exposed Monday as an alleged former key FBI informant whose tips helped take down some of the biggest names in New York Mafia history.
The Rev. Al launched his sensational secret life as a paid mob snitch in the mid-1980s, pressured to cooperate after being ensnared in a developing drug sting, according to a bombshell report by thesmokinggun.com.
As “CI-7,” the then-portly Harlem leader would tote a customized Hartmann briefcase equipped with an FBI bug to hobnob with members of some of the city’s most notorious crime families, the site said.
Sharpton’s main job was to dig dirt on the Genovese crime family, according to sources and court documents.
He was so good at “playing dumb’’ that he wound up helping to bring down such names as Venero “Benny Eggs’’ Mangano, Dominick “Baldy Dom’’ Canterino and even the muttering “oddfather” of Greenwich Village, family boss Vincent “Chin’’ Gigante, the site said.
He was a “very reliable informant, and his information ‘has never been found to be false or inaccurate,’ ” the report said, quoting a 1986 court document.
While it was known that Sharpton had spied for the FBI on music- and sports-promotion figures, the new data said he also extracted juicy information from wiseguys.
The feds later used the dirt to obtain warrants to bug key Genovese spots.
Because of Sharpton’s undercover work, listening devices were surreptitiously installed in two crime-family social clubs, including Gigante’s Village headquarters, three cars used by Mafiosi and more than a dozen phone lines, the site said.
Information gleaned from those bugs then helped nail the mobsters.One of Sharpton’s main unsuspecting founts of useful information was Joseph “Joe Bana’’ Buonanno.
During 10 face-to-face chats between the pair, “Joe Bana just gave him a whole insight into how ‘Chin’ and [music-industry honcho] Morris [Levy] operated,’’ said an NYPD source with the joint FBI-Police Department “Genovese Squad.”
Before his rapt audience of one, Buonanno expounded on the mob’s past extortions and death threats.
He even allegedly revealed to Sharpton a few not-so-flattering details about his boss, Gigante, who for years pretended he was crazy by shuffling around the West Village in a bathrobe to escape prosecution by the feds.
Buonanno told Sharpton of the godfather’s purported illiteracy and the fact that he “hates everyone not Italian,” the site said.
The mob soldier even detailed how Gigante “was present” at the hit of Genovese captain Thomas “Tommy Ryan’’ Eboli, to “make sure it was done right,” the site said.
Still, while Sharpton had the gift of gab and got Buonanno to unwittingly spill his guts, the mob soldier snottily referred to the preacher as “a nose picker’’ behind his back, an associate told the site.
A frame from a video shows the Rev. Al Sharpton allegedly discussing a coke deal. The videotape aired on HBO’s “Real Sports with Bryant Gumbel” in 2002.Photo: AP
Both Buonanno and Gigante are now dead.
The revelation of Sharpton’s involvement with the feds couldn’t have come at a more embarrassing time.
Sharpton is set to convene the annual convention of his National Action Network in New York this week — with Mayor Bill de Blasio cutting the opening-ceremony ribbon Wednesday and President Obama flying in to give the keynote address Friday.
Sharpton, in an interview with The Post on Monday, didn’t deny that he cooperated with the FBI — but said the thesmokinggun.com report was the equivalent of a mob hit.
“It’s crazy. If I provided all the information they claimed I provided, I should be given a ticker-tape parade,” said Sharpton, 59, who now regularly rubs elbows with Obama and his wife, Michelle, Attorney General Eric Holder, congressmen and other national leaders.
“What did Al Sharpton do wrong? Eliot Spitzer did do something wrong, and he got a TV show,” said the Rev. Al, referring to the hooker-loving former governor.
Sharpton is currently the host of MSNBC’s “PoliticsNation.’’ He regularly wraps up one segment by pointing a finger at the camera and yelling, “Nice try, but we gotcha!”
He denied being paid to snitch and said he never carried a briefcase with a listening device.
He insisted that if he did cooperate with the feds, it was because he’d been threatened by a mobster while working with black concert promoters.
“The article is embellished. The real story is I told the FBI about being threatened because I was a civil-rights leader helping black concert promoters,” Sharpton said.
He griped that the report was simply an attempt to “muddy’’ him before this week’s NAN convention.
A Sharpton confidante who’s known him for decades was caught off guard by the extent of the activist’s alleged dealings with the FBI.
“Holy s- -t,’’ the source said. “This comes out of left for me. I’m actually driving off the road.’’
But veteran Democratic political consultant George Arzt said the report is more likely to boost Sharpton’s standing with the public rather than hurt it.
“This is just going to add to his luster of being a character,” Arzt said. “It does raise questions about an anti-establishment guy cooperating with the FBI. But now he is establishment.”
Sharpton was considered prime fodder as a mole for the FBI’s Mafia unit because of his already-existing connections to the underworld, the site said.
For example, he knew Genovese soldier Joseph Pagano, who was involved in entertainment-industry schemes for decades, allegedly controlled “Rat Pack’’ singer Sammy Davis Jr. and once even “lost a big roll [of money] to Dean Martin and Frank Sinatra,’’ FBI sources said.
Sharpton allegedly told the feds he had an in with Pagano because he’d introduced him to boxer Muhammad Ali and his reps.
In trying to nail the Genovese Mafiosi with Sharpton’s help, the feds embarked on their bugging scheme — sometimes producing hilarious results, the report said.
At one point, the Genovese Squad tried to wire mobster Dominick Canterino’s Cadillac in front of his Gravesend, Brooklyn, home.
An agent broke into and hot-wired the car to briefly drive it off to plant the bug before returning it.
“Piece of cake,’’ he radioed to fellow agents down the block.
“You’re burned!” an NYPD detective shouted back a minute later, as he spotted Canterino watching the agent drive away with his car.
“In retrospect, it was like a Keystone comedy,’’ chuckled a former FBI agent who was there that day. “But it wasn’t so funny when it occurred.”
Canterino has since died.
By Carl Campanile and Kate Sheehy
April 7, 2014 | 3:50pm
Find this story at 7 April 2014
© 2014 NYP Holdings, Inc.
Kiwi spies taught online tricks10 april 2014
Prime Minister John Key says he has no details on briefings that documents released by US whistleblower Edward Snowden show were given to Kiwi spooks.
Key would not confirm or deny the briefings, which were revealed overnight by author and journalist Glenn Greenwald, who worked with MSNBC to reveal the documents.
“The law states very clearly that for SIS or GCSB [Government Communications Security Bureau] to undertake surveillance against New Zealanders it has to be with warranted authority,” Key said this afternoon.
“In my view that will involve a very small group of New Zealanders from time to time.”
The Government is bracing itself for more leaks from the Snowden archive.
“I don’t know what Snowden has … what they chose to release and when, who knows?” Key said.
“They are of no great consequence, I don’t think.”
The documents show Kiwi spooks were briefed on setting honey traps and internet “dirty tricks” to “control, infiltrate, manipulate, and warp” online discourse.
GCSB agents – part of the Five Eyes intelligence network – were briefed by counterparts from the ultra-secret Joint Threat Research Intelligence Group.
A slide-show presentation, called The Art of Deception: Training for Online Covert Operations, was given at a top secret spy conference in 2012.
It outlined sex and dirty tricks cyber operations used by JTRIG, a unit of the British signals intelligence agency GCHQ, which focused on cyber forensics, espionage and covert operations. GCHQ described the purpose of the unit as “using online techniques to make something happen in the real or cyber world”, including “information ops (influence or disruption)”.
According to the slides, JTRIG conducted “honey traps”, sent computer viruses, deleted the online presence of targets and engaged in cyber-attacks on the “hacktivist” collective Anonymous.
One carried the title “Cyber offensive session: pushing the boundaries and action against hacktivism” revealing the agency was going after online political activists.
The presentation outlined tactics to destroy the reputation of targets online. It detailed how agents could get another country to “believe a secret” by placing information on a compromised computer or making it visible on networks under surveillance.
A JTRIG tool, called AMBASSADORS RECEPTION, involved sending a virus to someone’s computer to stop it functioning. It would delete emails, encrypt files, make the screen shake, deny service or stop logins.
Other methods were deployed to “stop someone communicating”, bombarding their phone with text messages and calls – in some cases every 10 seconds, deleting their online presence and blocking up their fax machines.
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According to the presentation these tactics were used in Afghanistan, “significantly disrupting Taliban operations”.
Changing a profile photo on social networking sites “can take paranoia to a whole new level”.
A honey trap was described as “a great option” and “very successful when it works”. Writing false blogs, pretending to be a “victim” of a target worked in “serious crime ops” and in Iran, the conference was told.
The presentation also outlined “info ops” to discredit a company by leaking confidential information to rival firms and the press, posting negative information to online forums and stopping deals or ruining business relationships.
The documents were presented to the GCSB, NSA and agents from Australia and Canada.
Greenwald wrote on The Intercept website that the agencies were “attempting to control, infiltrate, manipulate and warp online discourse, and in doing so are compromising the integrity of the internet itself”.
Greenwald called the tactics “extremist” and pointed out they do not only target hostile nations or spy agencies, terrorists or nation security threats, but also “people suspected (but not charged or convicted) of ordinary crimes or … those who use online protest activity for political ends”.
He added: “It is not difficult to see how dangerous it is to have secret government agencies being able to target any individuals they want – who have never been charged with, let alone convicted of, any crimes.”
ANDREA VANCE
Last updated 15:14 26/02/2014
Find this story at 26 February 2014
© Fairfax NZ News
Kiwi spies taught ‘honey trap’ tricks – Snowden documents10 april 2014
Kiwi spooks were briefed on setting honey traps and internet “dirty tricks” to “control, infiltrate, manipulate, and warp” online discourse, documents leaked by Edward Snowden reveal.
Government Communications Security Bureau (GCSB) agents – part of the Five Eyes intelligence network – were briefed by counterparts from the ultra-secret Joint Threat Research Intelligence Group. A slide-show presentation, called “The Art of Deception: Training for Online Covert Operations”, was given at a top secret spy conference in 2012.
It outlined sex and dirty tricks cyber operations used by JTRIG, a unit of the British Signals intelligence agency GCHQ which focused on cyber forensics, espionage and covert operations. GCHQ described the purpose of the unit as “using online techniques to make something happen in the real or cyber world,” including “information ops (influence or disruption).”
According to the slides, JTRIG conducted “honey traps,” sent computer viruses, deleted the online presence of targets and engaged in cyber-attacks on the “hacktivist” collective Anonymous.
One carried the title “Cyber offensive session: pushing the boundaries and action against hacktivism” revealing the agency was going after online political activists.
Reputation destroying tactics
The presentation outlined tactics to destroy the reputation of targets online. It detailed how agents could get another country to “believe a secret” by placing information on a compromised computer or making it visible on networks under surveillance.
A JTRIG tool, called AMBASSADORS RECEPTION, involved sending a virus to someone’s computer to stop it functioning. It would delete emails, encrypt files, make the screen shake, deny service or stop log-ins.
Other methods were deployed to “stop someone communicating,” bombarding their phone with text messages and calls – in some cases every 10 seconds, deleting their online presence and blocking up their fax machines. According to the presentation these tactics were used in Afghanistan “significantly disrupting Taliban Operations.”
Changing a profile photo on social networking sites “can take paranoia to a whole new level.” A honey trap was described as ” a great option” and “very successful when it works.” Writing false blogs, pretending to be a “victim” of a target worked in “serious crime ops” and in Iran, the conference was told.
The documents were presented to the GCSB, NSA and agents from Australia and Canada.
Author and journalist Glen Greenwald worked with MSNBC to reveal the documents. On “The Intercept” website he wrote that the agencies were “attempting to control, infiltrate, manipulate and warp online discourse, and in doing so are compromising the integrity of the internet itself.”
Published: 1:41PM Wednesday February 26, 2014 Source: Fairfax
Find this story at 26 February 2014
© 2014, Television New Zealand Limited
Orange Gives All Of Its Data To France’s NSA9 april 2014
Orange has been cooperating allegedly illegally for years with France’s main intelligence agency (the DGSE). According to a newly found report by Edward Snowden and an investigation by Le Monde, the DGSE was given access to all of Orange’s data (not just metadata).
Orange is the leading telecom company in France with more than 26 million clients. These clients have communicated with tens of millions of non-Orange clients. Nearly everyone in France is concerned by today’s revelation. No regulating agency has a say in this special relationship between France’s intelligence agencies and Orange. Data is shared with allies, such as the GCHQ in the U.K.
While the state still owns 27 percent of Orange, Orange has operated as a private company for years. Yet, when it comes to data collecting, it still works as if it was a state-owned company.
Orange employees help the DGSE create and develop new tools to collect and analyze data. Contrarily to PRISM, it’s not just an agreement between the government and big Internet companies, it’s an implicit “joint venture” that has been going on for around 30 years.
Both the government and the DGSE had no comment on the allegations. Orange CEO Stéphane Richard said that he wasn’t aware of what the DGSE was doing. He just granted access to Orange for employees of the DGSE in order to comply with the law. The three other main telecom companies denied the existence of similar programs with them.
Last July, Le Monde discovered that France has a PRISM-like program which collects thousands of trillions of metadata elements, collecting data on call history, recipient and sizes of text message, email subject etc. The program targets phone communications, emails and data from Internet giants, such as Google, Facebook, Apple, Microsoft and Yahoo.
The public outcry has been very moderated so far. These popular Internet services are still dominant. In other words, in France, convenience comes first, privacy second.
Update: An Orange spokesperson sent the following statement.
As is the case for all operators, Orange has relations with the French state’s services that are responsible for national security. This relationship takes place within a strict legal framework, under the responsibility of the state and appropriate legal control by judges.
Posted Mar 20, 2014 by Romain Dillet (@romaindillet)
Find this story at 20 March 2014
© 2013-2014 AOL Inc.
Orange shares all its call data with France’s intelligence agency, according to new Snowden leak9 april 2014
Another day, another round of troubling surveillance news. In a twist, though, today’s nugget has less to do with the US or the NSA but rather, France’s central intelligence agency, the DGSE. According to a leak by Edward Snowden to the French paper Le Monde, Orange, the country’s leading telecom, has been willingly sharing all of its call data with the agency. And according to the leaked document — originally belonging to the UK intelligence agency GCHQ — the French government’s records don’t just include metadata, but all the information Orange has on file. As you might expect, the DGSE then shares this information with other countries, including, of course, the UK, which had this incriminating document in the first place.
In a way, this isn’t surprising: the French government owns a 27 percent stake in the company. But until now, Orange has ostensibly been operating as a private firm. What’s more, the leaked document would suggest that the DGSE’s relationship with Orange has been cooperative, with Orange employees creating new tools to collect and interpret the data. If true, then, this arrangement would go beyond the DGSE merely requesting specific cell phone records and getting them. For now, both the French government and the DGSE have declined to comment, according to TechCrunch, while Orange CEO Stéphane Richard told LeMonde that he isn’t aware of what the DGSE is doing, but that Orange has granted access to the DGSE to comply with the law.
BY DANA WOLLMAN @DANAWOLLMAN MARCH 20TH 2014, AT 3:29:00 PM ET 16
Find this story at 20 March 2014
© 2014 AOL Inc.
Espionnage : comment Orange et les services secrets coopèrent9 april 2014
Selon un document auquel “Le Monde” eu accès, l’opérateur historique France Télécom-Orange est un acteur essentiel du renseignement français.
On apprend souvent davantage de choses sur soi par des gens qui n’appartiennent pas à votre famille. Les Britanniques, un peu malgré eux, viennent de nous éclairer sur les liens hautement confidentiels qui existent entre les services secrets français, la Direction générale de la sécurité extérieure (DGSE) et l’opérateur historique de télécommunication France Télécom, qui a pris le nom d’Orange en février 2012.
Selon un document interne des services secrets techniques britanniques (GCHQ), l’équivalent de l’Agence nationale de sécurité (NSA) américaine, la DGSE entretient une coopération étroite avec « un opérateur de télécommunication français ». L’ancienneté de leurs liens, la description des savoir-faire spécifiques de l’entreprise ainsi que l’enquête du Monde permettent de conclure qu’il s’agit bien de France Télécom-Orange.
Lire les autres éléments de l’enquête Les services secrets britanniques ont accès aux données des clients français d’Orange
Lire les autres éléments de l’enquête Les X-Télécoms, maîtres d’œuvre du renseignement
Lire les autres éléments de l’enquête Surveillance : « Les opérateurs n’ont pas les moyens de résister aux Etats »
Selon le GCHQ, la DGSE et l’opérateur historique français travaillent ensemble pour améliorer les capacités nationales d’interception sur les réseaux de communication et collaborent pour casser les cryptages de données qui circulent dans les réseaux. France Télécom est un acteur important du système de surveillance en France.
COLLECTE DE DONNÉES LIBRE DE TOUT CONTRÔLE
Cette note, extraite des archives de la NSA par son ex-consultant Edward Snowden, assure que la relation entre la DGSE et l’opérateur français constitue un atout majeur par rapport à ses homologues occidentaux. L’une des forces de la DGSE résiderait dans le fait qu’elle ne se contente pas des autorisations accordées par le législateur pour accéder aux données des clients de France Télécom-Orange. Elle dispose surtout, à l’insu de tout contrôle, d’un accès libre et total à ses réseaux et aux flux de données qui y transitent.
Cette collecte libre de tout contrôle, par le biais de l’opérateur français, portant sur des données massives, concerne aussi bien des Français que des étrangers. Elle est utilisée par la DGSE, qui la met à la disposition de l’ensemble des agences de renseignement françaises au titre de la mutualisation du renseignement technique et de sa base de données. Ces données sont également partagées avec des alliés étrangers comme le GCHQ. Enfin, l’opérateur français développe, en partenariat avec la DGSE, des recherches en cryptologie.
Au plus haut niveau de l’Etat, en France, on se refuse à tout commentaire, mais on indique au Monde que, si la puissance publique est devenue minoritaire (27 %) au sein du capital de France Télécom, le plus ancien opérateur français reste considéré comme « un délégataire de service public ». Le savoir-faire de l’entreprise, qui fut en premier lieu une administration, contribue, de manière essentielle, « aujourd’hui comme hier », à la sécurité du territoire et à l’autonomie de décision des dirigeants français.
« Le rapport entre France Télécom et la DGSE n’est pas de même nature que celui révélé dans le programme Prism de la NSA, qui a des liens contractuels avec les géants d’Internet, explique un ancien chef de service de renseignement français. En France, c’est consubstantiel. » Il n’existe pas de formalisation de cette coopération entre la DGSE et France Télécom-Orange. Elle est portée par des personnes habilitées secret-défense, au sein de l’entreprise, et pérennisée, depuis au moins trente ans, par des ingénieurs, qui font la navette entre les deux institutions.
« USAGE INTERNE ET NON OFFICIEL »
Au quotidien, dans l’entreprise, ce lien est géré par un très petit nombre de personnes au sein de trois services. La direction des réseaux, en premier lieu, gère, notamment, les stations dites « d’atterrissement », où accostent les câbles sous-marins France Télécom-Orange touchant la France et par lesquels transitent les flux massifs de données collectées. Un tri préalable peut aisément être réalisé en fonction des pays et des régions d’origine, puis tout est stocké dans des locaux de la DGSE.
« Le transit massif des données est stocké pour un usage interne et non officiel, détaille un cadre attaché à la direction des réseaux. Mais le point névralgique, c’est l’accès au fournisseur d’accès, comme ça, vous croisez la circulation de la donnée et l’identité de ceux qui l’échangent. C’est pour cette raison que la DGSE est en contact avec l’ensemble des opérateurs français. »
La DGSE s’appuie aussi sur la direction internationale de l’opérateur, qui gère les filiales de téléphonie mobile à l’étranger. Orange joue dans certains cas un rôle stratégique. Il a ainsi accompagné les opérations militaires françaises au Mali et en Centrafrique. Enfin, la direction sécurité, chasse gardée des anciens de la direction technique de la DGSE, est le principal interlocuteur des services secrets. Elle veille, avec Orange Business Services, sur les questions de protection de données et de déchiffrement.
Interrogé, le patron d’Orange, Stéphane Richard, a indiqué que « des personnes habilitées secret-défense peuvent avoir à gérer, au sein de l’entreprise, la relation avec les services de l’Etat et notamment leur accès aux réseaux, mais elles n’ont pas à m’en référer. Tout ceci se fait sous la responsabilité des pouvoirs publics dans un cadre légal ». La DGSE s’est refusée à tout commentaire.
LE MONDE | 20.03.2014 à 11h25 • Mis à jour le 26.03.2014 à 16h14 |
Par Jacques Follorou
Find this story at 20 March 2013
© Le Monde.fr
‘French intelligence agents spy on Orange customer data’9 april 2014
The French intelligence agency in charge of military and electronic spying is massively collecting data and monitoring networks of telecoms giant Orange, Le Monde newspaper reported in its Friday edition.
A picture taken on February 24, 2014 in the French northern city of Lille, shows people walking in front of an Orange store
“The DGSE can read, like an open book, the origin and destination of all communications of Orange customers,” the paper said.
Monitoring operations were being carried out without any external supervision with access “free and total” for spies at the General Directorate for External Security (DGSE).
Le Monde said its report was based on an internal British intelligence document made available by former US intelligence contractor Edward Snowden.
Contacted by AFP, an Orange spokesman said the company “like all (other) operators has relations with state agencies in charge of the country’s and the French people’s security.”
“These relations strictly comply with the laws and are legal under the responsibility of the State and the control of judges,” he added.
The DGSE and agents with military clearance have been working with Orange, formerly known as France Telecom, “for at least 30 years”, said Le Monde.
The DGSE would not comment on the report.
Snowden, who has been charged in the United States with espionage, lives in exile in Russia.
He said earlier this month he had no regrets over his leaks about mass surveillance programmes by the US National Security Agency (NSA), saying they sparked a needed public debate on spying and data collection.
Published: 21 Mar 2014 at 03.49Online news: World
Find this story at 21 March 2014
© 2014 The Post Publishing PCL
French intelligence officer who went from national hero to villain; Obituary – General Paul Aussaresses9 april 2014
General Paul Aussaresses was an intelligence chief whose revelations of torture and murder in Algeria shocked his country.
Aussaresses, who has died aged 95, scandalised France and disgraced himself when, in 2000, he revealed that he had participated in summary executions and acts of torture during the Algerian War of Independence.
The revelations, made when Aussaresses was 82, could hardly be called confessions, because they were not accompanied by any sign of remorse. On the contrary, Aussaresses noted that if confronted by the same situation again “it would piss me off, but I would do the same”.
For France, however, the news was deeply shocking, throwing into sharp relief long-buried concerns about its forces’ behaviour in its former colony, as well its treatment of Algerian allies afterwards. Aussaresses assured his countrymen that the future President François Mitterrand, then justice minister, had been kept scrupulously informed of every detail of what was happening in Algiers. “He knew,” Aussaresses noted. “Everyone knew.”
Jacques Chirac, president at the time of the publication of Aussaresses’s book, Services Spéciaux: Algérie 1955-57 (2001), declared himself “horrified” by its tales of murder, beatings, electrocution and waterboarding, and called for the “full truth” to come out. But the truth was worse than most people imagined.
Aussaresses described hanging Larbi Ben M’Hidi, a leader of the Algerian militant FLN, then making it look like suicide.
At the time, when such men were written off as terrorists, it seemed Aussaresses – France’s intelligence chief in Algeria – was hardly challenged. But 40 years later, his reflection that torture was an “effective” tool proved out of step with the mood of his country. He found little support, and was hauled before the French courts and stripped of his decorations. Even his family renounced him.
The truth, however, was that far from having collaborated during World War II, Aussaresses had fought behind enemy lines. Had he chosen not to open his mouth in his dotage, it is likely that many French politicians would have queued to pay homage at his funeral.
Paul Aussaresses was born on November 7, 1918, at Saint-Paul-de-Joux, south-west France. He was educated in Bordeaux, excelling in classics, and attended the St Cyr military academy at Aix-en-Provence, where it had relocated after the German invasion of 1940. By the end of his life he was more or less fluent in six languages.
After the war he moved into the French secret services, helping to create the shock unit of counter-intelligence, SDECE agency.
He arrived in Philippeville (now Skikda), Algeria, in autumn 1954, just as full-scale hostilities were about to break out. There he made no bones about his “enhanced” interrogation techniques, and quickly won a reputation for his ability to penetrate FLN cells. Such was his success that, in 1957, he was promoted to chief of intelligence by Gen Jacques Massu, leading what Aussaresses himself described as “the company of death”.
After France withdrew from Algeria, Aussaresses took his counter-insurgency experience to Fort Bragg, where he trained with the US Green Berets and produced a report entitled The American Army against guerrillas forces.
He returned to France in 1966, the year after he was appointed a Commander of the Legion of Honour.
Aussaresses spent much of the early 1970s in Latin America, training up special forces for many of the less salubrious regimes of the era. Little more was heard of him until 2000.
Paul Aussaresses was twice married and had three daughters.
PUBLISHED 07 DECEMBER 2013 09:30 PM
Find this story at 7 December 2013
© Independent.ie
GCHQ and European spy agencies worked together on mass surveillance9 april 2014
Edward Snowden papers unmask close technical cooperation and loose alliance between British, German, French, Spanish and Swedish spy agencies
The German, French, Spanish and Swedish intelligence services have all developed methods of mass surveillance of internet and phone traffic over the past five years in close partnership with Britain’s GCHQ eavesdropping agency.
The bulk monitoring is carried out through direct taps into fibre optic cables and the development of covert relationships with telecommunications companies. A loose but growing eavesdropping alliance has allowed intelligence agencies from one country to cultivate ties with corporations from another to facilitate the trawling of the web, according to GCHQ documents leaked by the former US intelligence contractor Edward Snowden.
The files also make clear that GCHQ played a leading role in advising its European counterparts how to work around national laws intended to restrict the surveillance power of intelligence agencies.
The German, French and Spanish governments have reacted angrily to reports based on National Security Agency (NSA) files leaked by Snowden since June, revealing the interception of communications by tens of millions of their citizens each month. US intelligence officials have insisted the mass monitoring was carried out by the security agencies in the countries involved and shared with the US.
The US director of national intelligence, James Clapper, suggested to Congress on Tuesday that European governments’ professed outrage at the reports was at least partly hypocritical. “Some of this reminds me of the classic movie Casablanca: ‘My God, there’s gambling going on here,’ ” he said.
Sweden, which passed a law in 2008 allowing its intelligence agency to monitor cross-border email and phone communications without a court order, has been relatively muted in its response.
The German government, however, has expressed disbelief and fury at the revelations from the Snowden documents, including the fact that the NSA monitored Angela Merkel’s mobile phone calls.
After the Guardian revealed the existence of GCHQ’s Tempora programme, in which the electronic intelligence agency tapped directly into the transatlantic fibre optic cables to carry out bulk surveillance, the German justice minister, Sabine Leutheusser-Schnarrenberger, said it sounded “like a Hollywood nightmare”, and warned the UK government that free and democratic societies could not flourish when states shielded their actions in “a veil of secrecy”.
‘Huge potential’
However, in a country-by-country survey of its European partners, GCHQ officials expressed admiration for the technical capabilities of German intelligence to do the same thing. The survey in 2008, when Tempora was being tested, said the Federal Intelligence Service (BND), had “huge technological potential and good access to the heart of the internet – they are already seeing some bearers running at 40Gbps and 100Gbps”.
Bearers is the GCHQ term for the fibre optic cables, and gigabits per second (Gbps) measures the speed at which data runs through them. Four years after that report, GCHQ was still only able to monitor 10 Gbps cables, but looked forward to tap new 100 Gbps bearers eventually. Hence the admiration for the BND.
The document also makes clear that British intelligence agencies were helping their German counterparts change or bypass laws that restricted their ability to use their advanced surveillance technology. “We have been assisting the BND (along with SIS [Secret Intelligence Service] and Security Service) in making the case for reform or reinterpretation of the very restrictive interception legislation in Germany,” it says.
The country-by-country survey, which in places reads somewhat like a school report, also hands out high marks to the GCHQ’s French partner, the General Directorate for External Security (DGSE). But in this case it is suggested that the DGSE’s comparative advantage is its relationship with an unnamed telecommunications company, a relationship GCHQ hoped to leverage for its own operations.
“DGSE are a highly motivated, technically competent partner, who have shown great willingness to engage on IP [internet protocol] issues, and to work with GCHQ on a “cooperate and share” basis.”
Noting that the Cheltenham-based electronic intelligence agency had trained DGSE technicians on “multi-disciplinary internet operations”, the document says: “We have made contact with the DGSE’s main industry partner, who has some innovative approaches to some internet challenges, raising the potential for GCHQ to make use of this company in the protocol development arena.”
GCHQ went on to host a major conference with its French partner on joint internet-monitoring initiatives in March 2009 and four months later reported on shared efforts on what had become by then GCHQ’s biggest challenge – continuing to carry out bulk surveillance, despite the spread of commercial online encryption, by breaking that encryption.
“Very friendly crypt meeting with DGSE in July,” British officials reported. The French were “clearly very keen to provide presentations on their work which included cipher detection in high-speed bearers. [GCHQ’s] challenge is to ensure that we have enough UK capability to support a longer term crypt relationship.”
Fresh opportunities
In the case of the Spanish intelligence agency, the National Intelligence Centre (CNI), the key to mass internet surveillance, at least back in 2008, was the Spaniards’ ties to a British telecommunications company (again unnamed. Corporate relations are among the most strictly guarded secrets in the intelligence community). That was giving them “fresh opportunities and uncovering some surprising results.
“GCHQ has not yet engaged with CNI formally on IP exploitation, but the CNI have been making great strides through their relationship with a UK commercial partner. GCHQ and the commercial partner have been able to coordinate their approach. The commercial partner has provided the CNI some equipment whilst keeping us informed, enabling us to invite the CNI across for IP-focused discussions this autumn,” the report said. It concluded that GCHQ “have found a very capable counterpart in CNI, particularly in the field of Covert Internet Ops”.
GCHQ was clearly delighted in 2008 when the Swedish parliament passed a bitterly contested law allowing the country’s National Defence Radio Establishment (FRA) to conduct Tempora-like operations on fibre optic cables. The British agency also claimed some credit for the success.
“FRA have obtained a … probe to use as a test-bed and we expect them to make rapid progress in IP exploitation following the law change,” the country assessment said. “GCHQ has already provided a lot of advice and guidance on these issues and we are standing by to assist the FRA further once they have developed a plan for taking the work forwards.”
The following year, GCHQ held a conference with its Swedish counterpart “for discussions on the implications of the new legislation being rolled out” and hailed as “a success in Sweden” the news that FRA “have finally found a pragmatic solution to enable release of intelligence to SAEPO [the internal Swedish security service.]”
GCHQ also maintains strong relations with the two main Dutch intelligence agencies, the external MIVD and the internal security service, the AIVD.
“Both agencies are small, by UK standards, but are technically competent and highly motivated,” British officials reported. Once again, GCHQ was on hand in 2008 for help in dealing with legal constraints. “The AIVD have just completed a review of how they intend to tackle the challenges posed by the internet – GCHQ has provided input and advice to this report,” the country assessment said.
“The Dutch have some legislative issues that they need to work through before their legal environment would allow them to operate in the way that GCHQ does. We are providing legal advice on how we have tackled some of these issues to Dutch lawyers.”
European allies
In the score-card of European allies, it appears to be the Italians who come off the worse. GCHQ expresses frustration with the internal friction between Italian agencies and the legal limits on their activities.
“GCHQ has had some CT [counter-terrorism] and internet-focused discussions with both the foreign intelligence agency (AISE) and the security service (AISI), but has found the Italian intelligence community to be fractured and unable/unwilling to cooperate with one another,” the report said.
A follow-up bulletin six months later noted that GCHQ was “awaiting a response from AISI on a recent proposal for cooperation – the Italians had seemed keen, but legal obstacles may have been hindering their ability to commit.”
It is clear from the Snowden documents that GCHQ has become Europe’s intelligence hub in the internet age, and not just because of its success in creating a legally permissive environment for its operations. Britain’s location as the European gateway for many transatlantic cables, and its privileged relationship with the NSA has made GCHQ an essential partner for European agencies. The documents show British officials frequently lobbying the NSA on sharing of data with the Europeans and haggling over its security classification so it can be more widely disseminated. In the intelligence world, far more than it managed in diplomacy, Britain has made itself an indispensable bridge between America and Europe’s spies.
Julian Borger
The Guardian, Friday 1 November 2013 17.02 GMT
Find this story at 1 November 2013
© 2014 Guardian News and Media Limited or its affiliated companies. All rights reserved.
NSA spy row: France and Spain ‘shared phone data’ with US9 april 2014
Spain and France’s intelligence agencies carried out collection of phone records and shared them with NSA, agency says
European intelligence agencies and not American spies were responsible for the mass collection of phone records which sparked outrage in France and Spain, the US has claimed.
General Keith Alexander, the head of the National Security Agency, said reports that the US had collected millions of Spanish and French phone records were “absolutely false”.
“To be perfectly clear, this is not information that we collected on European citizens,” Gen Alexander said when asked about the reports, which were based on classified documents leaked by Edward Snowden, the former NSA contractor.
Shortly before the NSA chief appeared before a Congressional committee, US officials briefed the Wall Street Journal that in fact Spain and France’s own intelligence agencies had carried out the surveillance and then shared their findings with the NSA.
The anonymous officials claimed that the monitored calls were not even made within Spanish and French borders and could be surveillance carried on outside of Europe.
In an aggressive rebuttal of the reports in the French paper Le Monde and the Spanish El Mundo, Gen Alexander said “they and the person who stole the classified data [Mr Snowden] do not understand what they were looking at” when they published slides from an NSA document.
The US push back came as President Barack Obama was said to be on the verge of ordering a halt to spying on the heads of allied governments.
The White House said it was looking at all US spy activities in the wake of leaks by Mr Snowden but was putting a “special emphasis on whether we have the appropriate posture when it comes to heads of state”.
Mr Obama was reported to have already halted eavesdropping at UN’s headquarters in New York.
German officials said that while the White House’s public statements had become more conciliatory there remained deep wariness and that little progress had been made behind closed doors in formalising an American commitment to curb spying.
“An agreement that you feel might be broken at any time is not worth very much,” one diplomat told The Telegraph.
“We need to re-establish trust and then come to some kind of understanding comparable to the [no spy agreement] the US has with other English speaking countries.”
Despite the relatively close US-German relations, the White House is reluctant to be drawn into any formal agreement and especially resistant to demands that a no-spy deal be expanded to cover all 28 EU member states.
Viviane Reding, vice-president of the European Commission and EU justice commissioner, warned that the spying row could spill over and damage talks on a free-trade agreement between the EU and US.
“Friends and partners do not spy on each other,” she said in a speech in Washington. “For ambitious and complex negotiations to succeed there needs to be trust among the negotiating partners. It is urgent and essential that our US partners take clear action to rebuild trust.”
A spokesman for the US trade negotiators said it would be “unfortunate to let these issues – however important – distract us” from reaching a deal vital to freeing up transatlantic trade worth $3.3 billion dollars (£2bn) a day.
James Clapper, America’s top national intelligence, told a Congressional hearing yesterday the US does not “spy indiscriminately on the citizens of any country”.
“We do not spy on anyone except for valid foreign intelligence purposes, and we only work within the law,” Mr Clapper said. “To be sure on occasions we’ve made mistakes, some quite significant, but these are usually caused by human error or technical problems.”
Pressure from European leaders was added to as some of the US intelligence community’s key Congressional allies balked at the scale of surveillance on friendly governments.
Dianne Feinstein, the chair of powerful Senate intelligence committee, said she was “totally opposed” to tapping allied leaders and called for a wide-ranging Senate review of the activities of US spy agencies.
“I do not believe the United States should be collecting phone calls or emails of friendly presidents and prime ministers,” she said.
John Boehner, the Republican speaker of the house and a traditional hawk on national security, said US spy policy was “imbalanced” and backed calls for a review.
Mr Boehner has previously been a staunch advocate of the NSA and faced down a July rebellion by libertarian Republicans who tried to pass a law significantly curbing the agency’s power.
By Raf Sanchez, Peter Foster in Washington8:35PM GMT 29 Oct 2013 Comments15 Comments
Find this story at 29 October 2013
© Copyright of Telegraph Media Group Limited 2014
Officials alert foreign services that Snowden has documents on their cooperation with U.S.9 april 2014
U.S. officials are alerting some foreign intelligence services that documents detailing their secret cooperation with the United States have been obtained by former National Security Agency contractor Edward Snowden, according to government officials.
Snowden, U.S. officials said, took tens of thousands of military intelligence documents, some of which contain sensitive material about collection programs against adversaries such as Iran, Russia and China. Some refer to operations that in some cases involve countries not publicly allied with the United States.
The process of informing officials in capital after capital about the risk of disclosure is delicate. In some cases, one part of the cooperating government may know about the collaboration while others — such as the foreign ministry — may not, the officials said. The documents, if disclosed, could compromise operations, officials said.
The notifications come as the Obama administration is scrambling to placate allies after allegations that the NSA has spied on foreign leaders, including German Chancellor Angela Merkel. The reports have forced the administration to play down operations targeting friends while also attempting to preserve other programs that depend on provisional partners. In either case, trust in the United States may be compromised.
“It is certainly a concern, just as much as the U.S. collection [of information on European allies] being put in the news, if not more, because not only does it mean we have the potential of losing collection, but also of harming relationships,” a congressional aide said.
The Office of the Director of National Intelligence is handling the job of informing the other intelligence services, the officials said. ODNI declined to comment.
In one case, for instance, the files contain information about a program run from a NATO country against Russia that provides valuable intelligence for the U.S. Air Force and Navy, said one U.S. official, who requested anonymity to discuss an ongoing criminal investigation. Snowden faces theft and espionage charges.
“If the Russians knew about it, it wouldn’t be hard for them to take appropriate measures to put a stop to it,” the official said.
Snowden lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines, according to sources, who spoke on the condition of anonymity to discuss sensitive matters.
Snowden took 30,000 documents that involve the intelligence work of one of the services, the official said. He gained access to the documents through the Joint Worldwide Intelligence Communications System, or JWICS, for top-secret/sensitive compartmented information, the sources said.
The material in question does not deal with NSA surveillance but primarily with standard intelligence about other countries’ military capabilities, including weapons systems — missiles, ships and jets, the officials say.
Although Snowden obtained a large volume of documents, he is not believed to have shared all of them with journalists, sources say. Moreover, he has stressed to those he has given documents that he does not want harm to result.
“He’s made it quite clear that he was not going to compromise legitimate national intelligence and national security operations,” said Thomas Drake, a former NSA executive who visited Snowden in Moscow this month. Snowden separately told Drake and a New York Times reporter that he did not take any documents with him to Russia. “There’s a zero percent chance the Russians or Chinese have received any documents,” Snowden told the Times in an online interview last week.
Indeed, Drake said, Snowden made clear in their conversation that he had learned the lessons of prior disclosures, including those by an Army private who passed hundreds of thousands of diplomatic cables to the anti-
secrecy organization WikiLeaks, which posted them in bulk online. “It’s telling,” Drake said, “that he did not give anything to WikiLeaks.”
Nonetheless, the military intelligence agencies remain fearful, officials said. The NSA in recent months has provided them with an accounting of the documents it believes Snowden obtained.
Intelligence officials said that they could discern no pattern to the military intelligence documents taken and that Snowden appeared to have harvested them at random. “It didn’t seem like he was targeting something specific,” the U.S. official said.
The notifications are reminiscent of what the State Department had to do in late 2010 in anticipation of the release of hundreds of thousands of sensitive diplomatic cables by WikiLeaks. The department feared that embarrassing details in some of the cables would lead to tension in relations between the United States and other countries.
In the case of WikiLeaks, the State Department had a number of months to assess the potential impact of the cables’ release and devise a strategy, former State Department spokesman P.J. Crowley said.
“I’m not sure there were that many startling surprises in the cables,” he said. But there was damage on a country-by-country basis, he said.
For instance, some of the cables reflected unfavorably on then-Libyan leader Moammar Gaddafi, alleging that he feared flying over water and almost never traveled without his “voluptuous blonde” Ukrainian nurse. “All of a sudden we found there were some unsavory guys following” then-U.S. Ambassador to Libya Gene Cretz, Crowley said. “We brought him home for consultations and did not send him back.”
“But broadly speaking,” Crowley said, “relationships are guided by interests, rather than personalities, and, over time, interests carry the day.”
The fundamental issue is one of trust, officials said. “We depend to a very great extent on intelligence-sharing relationships with foreign partners, mostly governments — or, in some cases, organizations within governments,” a second U.S. official said. “If they tell us something, we will keep it secret. We expect the same of them. [If that trust is undermined,] these countries, at a minimum, will be thinking twice if they’re going to share something with us or not.”
Snowden has instructed the reporters with whom he has shared records to use their judgment to avoid publishing anything that would cause harm. “I carefully evaluated every single document I disclosed to ensure that each was legitimately in the public interest,” he told the Guardian newspaper. “There are all sorts of documents that would have made a big impact that I didn’t turn over, because harming people isn’t my goal. Transparency is.”
It is those documents that may not be subject to journalistic vetting or may be breached by hackers that worry some intelligence officials. Snowden is known to have given documents in any quantity to only three journalists: The Post’s Barton Gellman, independent filmmaker Laura Poitras and former Guardian columnist Glenn Greenwald.
So far, Drake said, no such documents have been released. Snowden’s disclosures about the NSA have prompted a global debate about the proper scope and purpose of U.S. espionage — against its own and other countries’ citizens.
“I consider that a good thing,” Drake said.
By Ellen Nakashima, Published: October 24
Find this story at 24 October 2013
© The Washington Post Company
‘Success Story’; NSA Targeted French Foreign Ministry9 april 2014
Espionage by the US on France has already strained relations between the two countries, threatening a trans-Atlantic trade agreement. Now a document seen by SPIEGEL reveals that the NSA also spied on the French Foreign Ministry.
America’s National Security Agency (NSA) targeted France’s Foreign Ministry for surveillance, according to an internal document seen by SPIEGEL.
Dated June 2010, the “top secret” NSA document reveals that the intelligence agency was particularly interested in the diplomats’ computer network. All of the country’s embassies and consulates are connected with the Paris headquarters via a virtual private network (VPN), technology that is generally considered to be secure.
Accessing the Foreign Ministry’s network was considered a “success story,” and there were a number of incidents of “sensitive access,” the document states.
An overview lists different web addresses tapped into by the NSA, among them “diplomatie.gouv.fr,” which was run from the Foreign Ministry’s server. A list from September 2010 says that French diplomatic offices in Washington and at the United Nations in New York were also targeted, and given the codenames “Wabash” and “Blackfoot,” respectively. NSA technicians installed bugs in both locations and conducted a “collection of computer screens” at the one at the UN.
A priority list also names France as an official target for the intelligence agency. In particular, the NSA was interested in the country’s foreign policy objectives, especially the weapons trade, and economic stability.
US-French relations are being strained by such espionage activities. In early July, French President François Hollande threatened to suspend negotiations for a trans-Atlantic free trade agreement, demanding a guarantee from the US that it would cease spying after it was revealed that the French embassy in Washington had been targeted by the NSA.
“There can be no negotiations or transactions in all areas until we have obtained these guarantees, for France but also for all of the European Union, for all partners of the United States,” he said at the time.
The NSA declined to comment to SPIEGEL on the matter. As details about the scope of the agency’s international spying operations continue to emerge, Washington has come under increasing pressure from its trans-Atlantic partners. Officials in Europe have expressed concern that negotiations for the trade agreement would be poisoned by a lack of trust.
09/01/2013 09:32 AM
Find this story at 1 September 2013
© SPIEGEL ONLINE 2013
French accuse BMW of electric car ‘spying’9 april 2014
The company that runs Paris’s electric car sharing scheme has filed an industrial espionage complaint against BMW, after employees alleged the German car giant sent “spies” to check out their electric cars.
Another Franco-German automobile row appears to have kicked off this week.
As the bust-up between between Mercedes and the French government rumbles on, another Franco-German automobile row appears to have kicked off this week with French company Autolib accusing BMW of “spying”.
The affair began on August 21st, when Autolib maintenance staff spotted two men they said were German, at a recharging station in Paris, fiddling with computer equipment in one of the electric vehicles, called “Blue cars”.
Later that day, the same men reportedly passed themselves off as “maintenance staff” and pretended to carry out work on one of the cars in the city’s 9th arrondissement, before slipping away.
Their suspicions raised, one of the Autolib ambassadors made a note of the license plate of one of the cars rented by the German men, cross-referenced it with rental times, and discovered that a “P3-group.com” email suffix was used to sign up online for the Autolib scheme.
P3 is an engineering firm contracted by none other than BMW to lay the groundwork for its upcoming I3 electric car model.
The following day, the alleged spies were once again seen at an Autolib station, this time in the city’s second arrondissement.
According to reports in French daily Le Figaro, when questioned by staff, the two men said they worked for BMW, before quickly leaving the scene.
This time, management at Autolib, which is run by French company Bolloré, notified the DCRI, France’s intelligence services, and told its entire staff to be on the look-out for phoney “maintenance staff”.
They were not seen again until September 5th, when they were spotted on Rue Jouffroy-d’Abbans in the seventh arrondissement.
Staff immediately called in the police, who came and arrested the two suspects.
They were questioned by BEFTI, the police’s electronic fraud division, before being released the next day.
Autolib management promptly filed a police complaint, accusing the two men of “abuse of trust,” “intrusion into a system of automated data,” and property damage, according to Le Figaro.
BMW reportedly took the step of writing to Bolloré’s CEO, Vincent Bolloré, reportedly recognizing it had dispatched staff to conduct “compatibility tests,” and apologizing for not seeking advanced permission from Bolloré.
However, in a statement released on Tuesday, BMW France denied all allegations of industrial espionage.
“In the context of the upcoming launch of the BMW I3, BMW Group is conducting routine tests across Europe, to check the compatibility of charging stations on public streets,” said the statement.
“The sole purpose of these tests is to identify networks of charging stations that electric BMW vehicles could use.”
The company confirmed it had conducted tests of this kind on August 21st, 22nd and 26th in Paris, but significantly denied it had done so on September 5th, the day the two alleged spies were arrested.
A representative from the P3 Group was not immediately available for comment when contacted by The Local on Tuesday.
Autolib, an all-electric car-sharing scheme based on the French capital’s successful bike-sharing project Velib, launched in October 2011.
Users can rent and return one of the more than 4,000 Bluecars for as little as €9 for half an hour, or as much as €120 for an annual subscription of unlimited journeys of up to 30 minutes.
Since launching in Paris, the scheme has come to the eastern city of Lyon, and is slated to arrive in Bordeaux, south-western France in November.
After that, plans are afoot to bring the all-electric car-sharing scheme to the US city of Indianapolis in 2014.
Published: 10 Sep 2013 14:25 GMT+02:00
Find this story at 10 September 2013
Copyright The Local Europe GmbH
Chinese Espionage and French Trade Secrets9 april 2014
Paris prosecutor Jean-Claude Marin on Jan. 14 began an inquiry into allegations of commercial espionage carried out against French carmaker Renault. The allegations first became public when Renault suspended three of its employees on Jan. 3 after an internal investigation that began in August 2010. Within days, citing an anonymous French government source, Reuters reported that French intelligence services were looking into the possibility that China played a role in the Renault espionage case. While the French government refused to officially confirm this accusation, speculation has run wild that Chinese state-sponsored spies were stealing electric-vehicle technology from Renault.
The Chinese are well-known perpetrators of industrial espionage and have been caught before in France, but the details that have emerged so far about the Renault operation differ from the usual Chinese method of operation. And much has been learned about this MO just in the last two years across the Atlantic, where the United States has been increasingly aggressive in investigating and prosecuting cases of Chinese espionage. If Chinese intelligence services were indeed responsible for espionage at Renault it would be one of only a few known cases involving non-Chinese nationals and would have involved the largest amount of money since the case of the legendary Larry Wu-Tai Chin, China’s most successful spy.
STRATFOR has previously detailed the Chinese intelligence services and the workings of espionage with Chinese characteristics. A look back at Chinese espionage activities uncovered in the United States in 2010, since our latest report was compiled, can provide more context and detail about current Chinese intelligence operations.
Chinese Espionage in the U.S.
We chose to focus on operations in the United States for two reasons. First, the United States is a major target for Chinese industrial espionage. This is because it is a leader in technology development, particularly in military hardware desired by China’s expanding military, and a potential adversary at the forefront of Chinese defense thinking. Second, while it is not the only country developing major new technologies in which China would be interested, the United States has been the most aggressive in prosecuting espionage cases against Chinese agents, thereby producing available data for us to work with. Since 2008, at least seven cases have been prosecuted each year in the United States against individuals spying for China. Five were prosecuted in 2007. Going back to about 2000, from one to three cases were prosecuted annually, and before that, less than one was prosecuted per year.
Most of the cases involved charges of violating export restrictions or stealing trade secrets rather than the capital crime of stealing state secrets. As the premier agency leading such investigations, the FBI has clearly made a policy decision to refocus on counterintelligence after an overwhelming focus on counterterrorism following 9/11, and its capability to conduct such investigations has grown. In 2010, 11 Chinese espionage cases were prosecuted in the United States, the highest number yet, and they featured a wide range of espionage targets.
Ten of the 11 cases involved technology acquisition, and five were overt attempts to purchase and illegally export encryption devices, mobile-phone components, high-end analog-to-digital converters, microchips designed for aerospace applications and radiation-hardened semiconductors. These technologies can be used in a wide range of Chinese industries. While the mobile-phone technology would be limited to Chinese state-owned enterprises (SOEs) such as China Mobile, the aerospace-related microchips could be used in anything from rockets to fighter jets. Xian Hongwei and someone known as “Li Li” were arrested in September 2010 for allegedly attempting to purchase those aerospace-related microchips from BAE Systems, which is one of the companies involved in the development of the F-35 Joint Strike Fighter. Similar espionage may have played a role in China’s development of the new J-20 fifth-generation fighter, but that is only speculation.
(click here to enlarge image)
Five other cases in 2010 involved stealing trade secrets. These included organic light-emitting diode processes from Dupont, hybrid vehicle technology from GM, insecticide formulas from the Dow Chemical Co., paint formulas from Valspar and various vehicle design specifications from Ford. These types of Chinese cases, while often encouraged by state officials, are more similar to industrial espionage conducted by corporations. Since many of the major car companies in China are state-run, these technologies benefit both industry and the state.
But that does not mean these efforts are directed from Beijing. History shows that such espionage activities are not well coordinated. Various Chinese company executives (who are also Communist Party officials) have different requirements for their industrial espionage. In cases where two SOEs are competing to sell similar products, they may both try to recruit agents to steal the same technology. There are also a growing number of private Chinese companies getting involved in espionage. One notable example was when Du Shanshan and Qin Yu passed on technology from GM to Chery Automobile, a private, rather than state-run, manufacturer. In the five trade-secret cases in 2010, most of the suspects were caught because of poor tradecraft. They stored data on their hard drives, sent e-mails on company computers and had obvious communications with companies in China. This is not the kind of tradecraft we would expect from trained intelligence officers. Most of these cases probably involved ad hoc agents, some of whom were likely recruited while working in the United States and offered jobs back in China when they were found to have access to important technology.
These cases show how Chinese state-run companies can have an interest in espionage in order to improve their own products, both for the success of their companies and in the national interest of China. The U.S. Department of Justice has not provided specific details on how the stolen defense-related technologies were intended to be used in China, so it is hard to tell whether they would have enhanced China’s military capability.
First-generation Chinese carried out 10 of the 11 publicized cases in the United States last year. Some were living or working temporarily in the United States, others had become naturalized American citizens (with the exception of Xian and Li, who were caught in Hungary). The Chinese intelligence services rely on ethnic Chinese agents because the services do not generally trust outsiders. When recruiting, they also use threats against family members or the individuals themselves. Second- and third-generation Chinese who have assimilated in a new culture are rarely willing to spy, and the Chinese government has much less leverage over this segment of the ethnic-Chinese population living overseas.
In the 11 cases in 2010, it is not clear what payments, if any, the agents might have received. In some cases, such as those involving the trade secrets from Valspar and Ford, the information likely helped the agents land better jobs and/or receive promotions back in China. Cash does not typically rule the effectiveness of newly recruited Chinese spies, as it might with Western recruits. Instead, new Chinese agents are usually motivated by intelligence-service coercion or ideological affinity for China.
The outlier in 2010 was Glenn Duffie Shriver, an American student with no Chinese heritage who applied to work at both the U.S. State Department and the CIA. His was the first publicized case of the Chinese trying to develop an agent in place in the United States since Larry Chin. Shriver studied in China in 2002 and 2003. The recruitment process began when he returned to China in 2004 to seek employment and improve his language capabilities. After responding to an ad for someone with an English-language background to write a political paper, Shriver was paid $120 for producing an article on U.S.-Chinese relations regarding Taiwan and North Korea.
The woman who hired him then introduced him to two Chinese intelligence officers named Wu and Tang. They paid Shriver a total of $70,000 in three payments while he tried to land a job with the U.S. government. Shriver failed the exams to become a foreign service officer and began pursuing a career with the CIA. He was accused of lying on his CIA application by not mentioning at least one trip to China and at least 20 meetings with Chinese intelligence officers. It is not clear how he was exposed, but customs records and passport stamps would have easily revealed any trips to China that he did not report in his CIA application. On Oct. 22, 2010, Shriver pleaded guilty to conspiring to provide national defense information to intelligence officers of the People’s Republic of China and was sentenced to 48 months in prison in accordance with his plea agreement.
A few Americans have been accused of being Chinese agents before, such as former Defense Department official James Fondren, who was caught and convicted in 2009. These cases are rare, though they may increase as Beijing tries to reach higher levels of infiltration. It is also possible that the FBI has been reaching only for low-hanging fruit and that Chinese espionage involving Americans at higher levels is going undetected. If this were the case, it would not be consistent with the general Chinese espionage MO.
China takes a mosaic approach to intelligence, which is a wholly different paradigm than that of the West. Instead of recruiting a few high-level sources, the Chinese recruit as many low-level operatives as possible who are charged with vacuuming up all available open-source information and compiling and analyzing the innumerable bits of intelligence to assemble a complete picture. This method fits well with Chinese demographics, which are characterized by countless thousands of capable and industrious people working overseas as well as thousands more analyzing various pieces of the mosaic back home.
Another case in 2010 was an alleged China-based cyberattack against Google, in which servers were hacked and customer account information was accessed. Last year, more than 30 other major companies reported similar infiltration attempts occurring in 2009, though we do not know how widespread the effort really is. China’s cyber-espionage capabilities are well known and no doubt will continue to provide more valuable information for China’s intelligence services.
The Renault Case
Few details have been released about the Renault case, which will likely remain confidential until French prosecutors finish their investigation. But enough information has trickled in to give us some idea of the kind of operation that would have targeted Renault’s electric-vehicle program. Three Renault managers were accused: Matthieu Tenenbaum, who was deputy director of Renault’s electric-vehicle program; Michel Balthazard, who was a member of the Renault management board; and Bertrand Rochette, a subordinate of Balthazard who was responsible for pilot projects. Various media reports — mostly from Le Figaro — claim that the State Grid Corporation of China opened bank accounts for two of the three managers (it is unknown which two). Money was allegedly wired through Malta, and Renault’s investigators found deposits of 500,000 euros (about $665,000) and 130,000 euros (about $175,000) respectively in Swiss and Liechtenstein bank accounts.
Assuming this is true, it is still unclear what the money was for. Given that the three executives had positions close to the electric-vehicle program, it seems that some related technology was the target. Patrick Pelata, Renault’s chief operating officer, said that “not the smallest nugget of technical or strategic information on the innovation plan has filtered out of the enterprise.” In other words, Renault uncovered the operation before any technology was leaked — or it is intentionally trying to downplay the damage done in order to reassure investors and protect stock prices. But Pelata also called the operation “a system organized to collect economic, technological and strategic information to serve interests abroad.”
Renault is convinced a foreign entity was involved in a sophisticated intelligence operation against the company. The question is, what foreign entity? On Jan. 13, Renault filed an official complaint with French authorities, saying it was the victim of organized industrial espionage, among other things, committed by “persons unknown.” French Industry Minister Eric Besson clarified Jan. 14 that there was no information to suggest Chinese involvement in the case, though he previously said France was facing “economic war,” presuming that the culprits came from outside France. The source for the original rumors of Chinese involvement is unclear, but the French clearly backed away from the accusation, especially after Chinese Foreign Ministry spokesman Hong Lei called the accusation “baseless and irresponsible” on Jan. 11 (of course, even if the Chinese were the culprits they would certainly not admit it).
The Chinese have definitely targeted energy-efficient motor vehicle technology in the past, in addition to the Ford and GM cases, and Renault itself is no stranger to industrial espionage activities. In 2007, Li Li Whuang was charged with breach of trust and fraudulent access to a computer system while working as a trainee at Valeo, a French automotive components manufacturer, in 2005. The 24-year-old was studying in Paris when she was offered the trainee position at Valeo. Investigators found files on her computer related to a project with BMW and another with Renault.
The new Renault case, however, is very different from most Chinese espionage cases. First, it involved recruiting three French nationals with no ethnic ties to China, rather than first-generation Chinese. Second, the alleged payments to two of three Renault employees were much larger than Chinese agents usually receive, even those who are not ethnic Chinese. The one notable exception is the case of Larry Chin, who is believed to have received more than $1 million in the 30 years he spied for China as a translator for U.S. intelligence services. Renault executives would also be paid as much or more in salaries than what was found in these bank accounts, though we don’t know if more money was transferred in and out of the accounts. This may not be unprecedented, however; STRATFOR sources have reported being offered many millions of dollars to work for the Chinese government.
Another problem is the alleged use of a Chinese state-owned company to funnel payments to the Renault executives. Using a company traceable not only to China but to the government itself is a huge error in tradecraft. This is not likely a mistake that the Chinese intelligence services would make. In Chin’s case, all payments were made in cash and were exchanged in careful meetings outside the United States, in places where there was no surveillance.
Thus, STRATFOR doubts that the Renault theft was perpetrated by the Chinese. The leak suggesting otherwise was likely an assumption based on China’s frequent involvement in industrial espionage. Still, it could be a sign of new methods in Chinese spycraft.
Higher-level Recruitment?
The Shriver and Renault cases could suggest that some Chinese intelligence operations are so sophisticated that counterintelligence officers are unaware of their activities. They could mean that the Chinese are recruiting higher-level sources and offering them large sums of money. Chin, who got his start working for the U.S. Army during the Korean War, remained undetected until 1985, when a defector exposed him. There may be others who are just as well hidden. However, according to STRATFOR sources, including current and former counterintelligence officers, the vast majority of Chinese espionage operations are perpetrated at low levels by untrained agents.
There is little indication that the Chinese have switched from the high-quantity, low-quality mosaic intelligence method, and cyber-espionage activities such as hacking Google demonstrate that the mosaic method is only growing. The Internet allows China to recruit from its large base of capable computer users to find valuable information in the national interest. It provides even more opportunities to vacuum up information for intelligence analysis. Indeed, cyber-espionage is being used as another form of “insurance,” a way to ensure that the information collected by the intelligence services from other sources is accurate.
If China is responsible for the Renault penetration, the case would represent a change in the Chinese espionage MO, one aiming at a higher level and willing to spend more money, even though most of the cases prosecuted in the United States pointed to a continuation of the mosaic paradigm. Nevertheless, counterintelligence officers are likely watching carefully for higher-level recruits, fearing that others like Chin and Shriver may have remained undetected for years. These cases may be an indication of new resources made available to Western counterintelligence agencies and not new efforts by the Chinese.
One thing is certain: Chinese espionage activities will continue apace in 2011, and it will be interesting to see what targets are picked.
Security Weekly
THURSDAY, JANUARY 20, 2011 – 03:53 Print Text Size
By Sean Noonan
Find this story at 20 January 2011
Copyright © 2014 Stratfor
Renault cars spy case: French intelligence investigates9 april 2014
The French president has asked the intelligence service to investigate suspected industrial spying at Renault.
The French carmaker has suspended three senior managers after an investigation into the possible leaking of electric vehicle secrets to rivals.
The firm has said industrial espionage poses a serious threat to its “strategic assets”.
The French industry minister has described the case of Renault, which is 15% state-owned, as “economic warfare”.
The right-leaning Le Figaro newspaper reported that, according to several sources, the information passed on relates to the technology in the battery and the engine of electrical vehicles that will be rolled out after 2012.
Advanced technology
The three executives suspended are alleged to have sold new patents not yet registered to one or several intermediaries specialising in economic intelligence.
One of the three – who have all been given the opportunity to respond to the charges made against them, before any sanctions are imposed – is a member of the carmaker’s management committee.
Continue reading the main story
Analysis
image of Mark Gregory
Mark Gregory
BBC News
The incident comes at a time of rising concern in Europe and America about protecting intellectual property rights.
The picture emerging from French media reports is that the three suspended executives may have leaked details of battery and engine technologies developed for Renault’s new generation of electric cars.
Whether or not the allegations are true, they have touched a raw nerve. Western firms are worried about rivals in emerging economies grabbing their best ideas without paying for them.
The issue is becoming more serious as China and other new industrial powers become more sophisticated in what they produce.
Stories about stolen industrial secrets will probably become more frequent as competition between old industrial powers and new ones intensifies.
The BBC’s Christian Fraser, in Paris, says that it is a mark of how seriously the French government is taking this breach of trust that it has asked the intelligence service to investigate.
Car manufacturing is an important part of the French economy, and a major employer, our correspondent says.
One of the biggest advantages that Western carmakers have is their advanced technology, which enables them to compete against cheaper labour costs outside Europe.
According to sources within Renault it is suspected the final recipient of this information was likely to have been a Chinese rival.
“We cannot accept that an innovation financed by the French taxpayer ends up in the hands of the Chinese,” one, anonymous industry ministry source told Agence France Presse.
The carmaker, alongside its partner Nissan, has invested heavily in electric vehicle technology.
Both plan to launch a number of new electric vehicles over the next two years.
7 January 2011
Find this story at 7 January 2011
BBC © 2014
After Crimea, West’s spies, armies to raise Russia focus9 april 2014
(Reuters) – As Western states enter a new era of potential confrontation with Moscow, they face an awkward reality.
A quarter-century after the fall of the Berlin Wall, the level of expertise on Russia in intelligence agencies, armed forces and governments has diminished drastically.
Rising concern over Russian government espionage – including increasingly sophisticated cyber attacks and computer spyware – had sparked some modest renewed interest in recent years, primarily in counterintelligence.
But the way Washington and its allies were so blindsided by President Vladimir Putin’s military seizure and annexation of Crimea from Ukraine, is seen demonstrating a dramatic need for renewed focus.
The bottom line, current and former officials say, is that with the post-September 11, 2001 focus on Islamist militancy and the Middle East and later the rise of China, the former Soviet Union was simply not seen a career enhancing speciality.
Compared to the Cold War era, when most of Russian territory was off-limits to Westerners, regional specialists say there is no shortage of expertise among academics and in the business community today. But it has so far gone untapped.
“There is a good supply of Russia experts out there – people who have lived there with lots of good experience – but the demand has just not been there from government,” says Fiona Hill, U.S. national intelligence officer for Russia in 2006-9 and now director for the Centre for the United States and Europe at the Brookings Institution.
“The Pentagon in particular has lost a lot of its Russia expertise, as has the White House.”
More of those outside experts are now likely to find work in defence ministries and intelligence agencies, current and former officials say. But in an era of constrained budgets, focusing on Russia is likely to mean redeploying resources from elsewhere.
Until the Ukraine crisis that did not seem a natural choice, people with knowledge of internal discussions say.
“The main problem is one of capacity at a time when counterterrorism, Iraq, Afghanistan and the Arab awakening have taken up so much energy,” said one former Western intelligence officer on condition of anonymity.
Russia is primarily a threat to its immediate neighbourhood only, officials and analysts say, but still one requiring greater vigilance that over the last two decades.
“THOSE WHO KNOW MOST WORRY”
Capacity alone is far from everything. The West’s legions of Soviet specialists, with few exceptions, missed the warning signs of the collapse of the Soviet Union in 1989.
Still, officials and analysts say there is a growing feeling that the West should have done more to increase its Russia focus particularly as Moscow’s defence spending rose some 30 percent after its 2008 war with Georgia.
“The people who know the most about Russia’s defence capability have tended to take it the most seriously,” says former Pentagon official Elbridge Colby, now a senior fellow at the Centre for a New American Security.
Some central and east European and Nordic states have long focused much if not all of their intelligence and defence resources on Russia. Poland and Sweden in particular are seen leading the pack. Others are now catching up.
One reason Washington and its allies were so surprised by events in Crimea was that during Russia’s military build-up in the region, there was little or no signals chatter indicating an imminent takeover, intelligence sources say.
Still, Moscow had very publicly mobilised its forces several days earlier ostensibly for an exercise. That such obvious clues were missed, some say, suggests analysts had lost their edge in assessing and predicting the actions of the Russian leadership.
While U.S. officials are now monitoring closely a Russian troop build-up along Ukraine’s eastern border, Western experts differ over whether Putin plans to invade the region.
SPY RING, SPYWARE
For the United States, two espionage incidents in the last decade helped draw counterintelligence attention back to Moscow’s suspected activities.
The first was the 2008 discovery of sophisticated spy software dubbed Agent BTZ that infected Department of Defence computers after apparently entering from a USB drive later found in the car park of a U.S. military base in the Middle East.
Pentagon officials spent months cleaning systems and the attack is still seen one of the most serious breaches of U.S. government IT security. Although Washington never officially laid blame for the intrusion, several US officials told Reuters on condition of anonymity that Moscow was the prime suspect.
Much higher profile was the 2010 arrest and expulsion of 10 “deep cover” spies in the United States including Anna Chapman, who became a Russian television presenter and celebrity. That followed information from a Russian defector and a major FBI investigation. There is little evidence the spies were hugely successful.
In Britain, security agencies began paying more attention to Russia after the 2007 death of Putin opponent Alexander Litvinenko from radioactive poisoning.
Until recently, however, military intelligence specialists were simply too busy with operations in the Middle East and Afghanistan.
Russia’s Crimea annexation may revive military specialisms such as tank and submarine warfare neglected during the decade-long campaign in mountainous, landlocked Afghanistan.
“Antisubmarine warfare is something that has been far too sidelined for the simple reason that the Taliban do not have submarines,” said one former senior European officer.
Some of the problems in understanding Russia, however, may be societal rather than military.
“For a country that is so patriotic, we can be highly intolerant of others’ patriotism,” former Pentagon official Colby said of the United States. “We just don’t see their patriotism as particularly legitimate.”
BY PETER APPS
LONDON Mon Apr 7, 2014 1:35pm BST
(Reporting by Peter Apps; Editing by Paul Taylor)
Find this story at 7 April 2014
Copyright Thomson Reuters
How Special Branch Spied on Animal Rights Movement21 maart 2014
Since 2010 there have been revelations about police infiltration of protest groups. For over 40 years the state sanctioned the use of undercover police to gain intelligence on political activists, including animal rights campaigners.
Though it was widely assumed that groups were under surveillance, no-one would have imagined the extent to which the secret state burrowed deep into organisations, established close friendships and sexual relationships with activists, and broke the law to further its objectives. This article will explain how it happened and what can be learnt from it.
The Special Demonstrations Squad
The story begins in 1968, when tens of thousands of people marched against the Vietnam War. In March there was rioting as protesters fought with police outside the American Embassy in London and the government was so alarmed that it set up of the Special Demonstrations Squad (SDS).
Although the police had used undercover officers before to catch criminals, this was as Rob Evans and Paul Lewis say in their book ‘Undercover’, ‘a new concept in policing.’ Special Branch officers transformed themselves into activists and lived amongst their targets for several years. They changed their appearance and used fake identities to penetrate political groups to the highest levels to gain intelligence and to enable the police to maintain public order. The nickname for the SDS was ‘the hairies’ because – in the early days at least – their operatives had to grow their hair long in order in order to blend into the milieu of radical politics.
The job of the SDS was to infiltrate groups considered subversive which meant those that ‘threatened the safety or well-being of the state or undermined parliamentary democracy’. Initially this meant mainly Marxist or Trotskyist groups, as well as the anti-apartheid movement in the seventies.
The eighties: Robert Lambert
By the early eighties, however, the animal rights movement had become established. It was attracting thousands of people on protest marches against vivisection and groups like the Animal Liberation Front (ALF) were rescuing animals and damaging property. To the state this was a dangerous and subversive threat.
Evans and Lewis say Special Branch first became involved when one of its operatives was deployed at the World Day for Lab Animals march in April 1983. Shortly afterwards a second spy was sent in. His name was Robert Lambert and he became an almost legendary figure amongst his colleagues. For the activists who knew him he was equally unforgettable, though nowadays it is for all the wrong reasons.
Lambert called himself Bob Robinson. Like all SDS agents he stole the identity of a dead child. Mark Robert Robinson died aged seven in 1959, only to be quietly resurrected 24 years later by Lambert who would have found his birth and death certificates. He was then given a forged driving licence, passport and other documents. This procedure was known in SDS circles as the ‘Jackal Run’ because it was based on the book, ‘The Day of the Jackal’.
Lambert quickly immersed himself in the world of animal rights by going to protests and meetings. At a demo outside Hackney Town Hall he met Jackie, 12 years younger than him, and they soon started a relationship and their son was born in 1985. Lambert was already married with two children but knew an activist girlfriend would give his cover an added dimension, making him appear a fully rounded, genuine person.
London Greenpeace and the ALF
In 1984 Lambert became involved in London Greenpeace (LG). This wasn’t an AR group as such but a radical organisation (not to be confused with the much larger Greenpeace International) that embraced anarchism and direct action. Up to then it had been mainly concerned with anti-nuclear and environmental issues but in the mid-eighties it adopted much more of an animal liberation stance.
The first LG meeting I attended was a public meeting with a speaker from the ALF in 1985. Lambert chaired the discussion and obviously had a prominent role in the group. He soon became a close friend. Like all the spies that followed him, Lambert had a van that was used to take people to demos. He said he was a gardener and needed a vehicle for his job.
Lambert’s mission was to infiltrate the ALF and he made it clear he was a strong supporter of illegal actions. In 1986 he organised a benefit gig for the ALF Supporters Group but kept back some of the takings to buy glass etching fluid, used to damage windows. Soon afterwards he confided to friends that he had dressed as a jogger and thrown paint stripper over a car belonging to the director of an animal laboratory.
He also wrote two notable publications. One was a simple A5 leaflet titled ‘You are the ALF!’ which exhorted people to do direct action themselves, not ask others to do so on their behalf. The other was a booklet called ‘London ALF News’ which had articles on the ALF and a diary of actions, including attacks he had carried out.
Debenhams
In July 1987 the ALF targeted three Debenhams’ department stores with incendiary devices because they sold fur. In two, water from the sprinklers caused hundreds of thousands of pounds in losses, but at the Luton branch they had been switched off and fire gutted the store, causing over £6m in damage.
Two months later, Andrew Clarke and Geoff Sheppard were caught at the latter’s bedsit in Tottenham in the act of making incendiary devices as the police burst in. In June 1988 at the Old Bailey Sheppard received 4 years and 4 months and Clarke 3 ½ years. Obviously the police had been tipped off but neither activist knew who it was until nearly 24 years later when Lambert was uncovered as a spy.
Lambert, according to Sheppard, was the third member of this cell. Neither activist suspected him but then they had good reason not to – as far as they were concerned he had planted the device in the Harrow store that caused £340,000 in damage.
The last time I saw Lambert was in a pub near the LG office in Kings Cross in November 1988. He was unusually downbeat as he told me his father who had dementia had just died and the values he fought for in World War II were dying too under Thatcherism. He also said Jackie had started a relationship with a fascist and he was no longer allowed to see his son. Both stories were lies and I now know he was preparing for his exit.
All undercover spies have an exit strategy, usually prepared months if not years in advance. Lamberts would have been devised around the time of the Debenhams action but departing too soon would have appeared suspicious. He waited for over a year, until he left allegedly on the run from Special Branch, which was in fact his employer. They even staged a fake raid at the flat where he was staying.
John Dines
By the beginning of 1989 Bob Robinson was just a memory but LG already had another spy in its ranks. John Dines, using the surname Barker, had joined the group in October 1987. During the next year as he rose to prominence, Lambert was on the wane – going to fewer meetings and demos. This was a pattern that would be repeated time and time again.
Like his mentor, Lambert, Dines had van which he used for demos. He twice drove activists all the way to Yorkshire to sab grouse shoots and he also took them to a protest against Sun Valley Chickens in Herefordshire. While there he was apparently arrested but released without charge. He too produced an anonymous publication called ‘Business as Usual’, which comprised a diary of actions, and he also organised two benefit gigs for London Greenpeace in late 1989.
John Dines and McLibel
While LG was well known in activist circles – mainly for the anti-McDonald’s campaign it had started several years earlier – it hardly registered to the outside world. Most people confused it with Greenpeace International. All that began to change, however, when five of its supporters were sued for libel by McDonald’s in September 1990.
None of the defendants had written the pamphlet that was the subject of the writ; in fact three of them weren’t even part of the group at that time. Ironically Lambert had been one of the architects of the ‘What’s Wrong with McDonald’s’ factsheet but he was long gone.
McDonald’s placed several infiltrators of its own in the group from the autumn of 1989 onwards with the result that it became infested with spies. At some meetings there were more of them than genuine activists. These new corporate spies aroused suspicion – they didn’t quite fit in – and some of them were followed. One of those doing the following was Dines, together with Helen Steel, who would later be sued and become Dines’ girlfriend..
In January 1991 I and two others decided to cut our losses and apologise. Helen and Dave Morris carried on fighting the case as the McLibel 2. By their side was Dines who was the group’s treasurer and a key player. He relayed the legal advice they received and the tactical discussions they had with other group members back to his bosses in the SDS who then passed it on to McDonald’s. Several years later the McLibel trial revealed that Special Branch and McDonald’s had exchanged information about London Greenpeace. Morris and Steel sued the Metropolitan Police over this and received £10,000 in an out of court settlement and an apology.
London Boots Action Group: Andy Davey and Matt Rayner
By the early nineties the animal rights movement was on a roll again and three activists decided to set up a new London-wide organisation called London Boots Action Group (LBAG), to target Boots plc, which at that time did animal testing. LBAG was unashamedly pro-direct action so it is no surprise that it became a target for the SDS. The group was launched in November 1991 with a public meeting that attracted nearly 100 people, two of whom were spies.
Andy Davey and Matt Rayner were two of the many new people to join the fledgling group. But they were slightly different – they had vans, which made them both unusual and useful, and they got quickly involved. Both also had jobs (quite rare in those days as many activists were either unemployed or students). Davey was a ‘man with a van’ removal service – his nickname was ‘Andy Van’ – while Rayner said he worked for a company that delivered musical instruments.
Each lived in a bedsit, Davey in Streatham, south London, Rayner in north London. They even looked similar – tall, dark haired and with glasses, and spoke with Home Counties accents. What set Davey apart from other agents was his dog, named Lucy who came from an animal rescue person that lived locally. His bosses probably decided he would appear a more authentic activist if he had a companion animal.
Personality-wise they differed though. While Rayner was easy going and friendly, enjoying social situations, Davey had a somewhat hesitant and nervous manner and could at times appear too eager to please. Initially there were suspicions about both but they quickly assimilated into the protest scene. They would have known who each other were, as their unit had only about a dozen operatives at any time, but they weren’t close. This meant that if one spy was uncovered, the other wouldn’t fall under suspicion.
It was not common practice for two spies to be placed in the same group. In the book Undercover, the whistleblower Peter Francis says the SDS had two animal rights spies when he joined it in January 1993. This was indicative of the threat posed by animal rights in general and LBAG in particular.
Davey was so well entrenched that he begun to produce the group’s newsletter. Shortly afterwards he also transferred the mailing list onto a computer. We were in the era when some organisations still did not have their own PC or internet access and his IT expertise was considered invaluable. Spies are trained to exploit skills shortages like this, to ensure they become trusted and above suspicion.
Rayner, too, was a fixture in the London scene. He would usually be the one to drive activists to demos outside London. A notable example was the 1993 Grand National when he took a vanload of people to Aintree. This was the year the race had to be abandoned because the course was invaded, costing the betting industry over £60m.
In 1995 – following former spy Dines’ example – he drove a carload of saboteurs to the ‘Glorious Twelfth’ to sab a grouse shoot. While there he was arrested and taken into police custody, only to be released a few hours later. He wasn’t charged but this brush with the law only served to improve his standing.
London Animal Action: Davey’s exit
Rayner had a long term relationship with a female activist. Davey never managed this though it wasn’t for want of trying and he gained a reputation as a lecher. This no doubt undermined his status – some saw him as a bit sad, others didn’t really take to him – and it probably played a part in the decision to take him out of the group. This happened quickly as he announced he was ‘stressed’ and was going to Eastern Europe. The double life he was leading was probably taking its toll as well. He left in February 1995 with a farewell social to which only a few people came. Shortly afterwards a hunt sab whom he knew received a couple of letters postmarked abroad.
As Davey’s exit was hasty, the spy who replaced him joined London Animal Action – as LBAG was now called – around the same time he left. Unusually the new agent was female and her name was Christine Green. As she set about inveigling herself into the group, Rayner’s deployment was reaching its climax. In May 1995 Geoff Sheppard’s flat was raided again by the police where they found materials for making an incendiary device and a sawn-off shotgun. In October he was sentenced to seven years in prison.
After Geoff’s release we speculated on why the police had chosen him. Devices were being placed in various targets and it appeared to have been simply a chance raid due to his arrest in the eighties. However, it is now clear that Rayner set Geoff up just as Lambert had done years earlier. No-one suspected him of the sting because he was, like his boss had been, an established and trusted of the group: by 1995 he was LAA treasurer.
Lambert the spymaster
By the mid-nineties Lambert was the operational manager of the SDS thanks to his ‘legendary tour of duty’ a decade earlier. According to Evans and Lewis he was ‘the gaffer…pulling the strings like a puppet-master’ and he used his experience to guide a new generation of infiltrators who were in some cases spying on the same activists as he had. Geoff was one of those and he describes Rayner as being ‘up to his neck’ in direct action. The final proof came in April 2013 when it was discovered the real Matthew Rayner died aged four in 1972. We still don’t know his true identity.
One of Lambert’s first duties when he re-joined the SDS was to write a report on a spy who had ‘gone rogue’ named Mike Chitty. Chitty – known as Mike Blake – had penetrated the animal rights movement in London at the same time as Lambert but in comparison his deployment had been a failure. It resulted in no high-profile ALF arrests and it seems he enjoyed socialising more than targeting subversives. Even worse, when his deployment finished he returned to his activist comrades, leading a double life unbeknownst to his employers or his wife. He was eventually pensioned off after he began legal action against the Met for the stress he suffered due to his covert role.
Rayner’s exit strategy
Clearly not everybody could cope with the demands of undercover work. Davey may have been one of those but Rayner made of different stuff. His exit strategy was masterly in execution, bearing the hallmark of his mentor and manager, Lambert, who had written a report highlighting the importance of ‘carefully crafted withdrawal plans’ to convince ‘increasingly security-conscious target groups of the authenticity of a manufactured departure…inevitably this entails travel to a foreign country.’
In November1996 Rayner apparently went to work in France for a wine company. He had always liked France and could speak the language fluently. To a few close friends he mentioned his unease with activism after being raided by the police and the breakdown of the relationship with his girlfriend. Very well liked, he was given a big going away party, presented with a camera from the group and a speech wishing him well in his new life.
The next day he drove to France in his van and with him were two activist friends. At the port they were questioned by a police officer who said he was from Special Branch before letting them go on their way. This plan was concocted for the activists’ benefit in the knowledge they would tell others about it, lending further credibility to Rayner’s exit. A few weeks later he briefly came back to London and met up with friends before supposedly returning to France for good. Then over a period of about a year letters were sent and phone messages were left saying he had moved to Argentina, and after that he was never heard from again.
Christine Green
By 1997 Green was occupying a key part of the group, driving activists to demos, going to meetings and mailouts and taking part in protests, as her predecessors had done. She had even taken over Rayner’s role of group treasurer. The same pattern repeating itself but no-one was aware of it. For the next two years Green appears to have been the only spy in LAA. Perhaps there was another who remains unexposed – though this seems unlikely – or the SDS may have deployed another spy elsewhere.
To enhance her cover, Green began a relationship with a well-known hunt saboteur whose job was a coach driver and they took coach loads of protesters to some of the high profile demos of the time, for example at Hillgrove Farm. There is no suggestion that the sab was a spy. There was speculation surrounding her, however: she was not always easy to get along with – though she did make some friends -and she always carried the same bag around with her, which inevitably drew suspicion.
Towards the end of 1999 Green let it be known she was tired with activism. Early in 2000 she said she was departing to Australia for a relative’s funeral and would stay there travelling. About a year later, though, she reappeared and made contact with a few activist friends. Several years later in 2010 she cropped up once more, this time in Cornwall where she was spotted with the same boyfriend in a veggie café. Someone who knew them from LAA tried to have a chat and was all but ignored.
Dave Evans
Green’s replacement in and the last known SDS spy was Dave Evans. Like Dines he appeared to be from New Zealand and he had the same rugged appearance. He had a van and was a gardener too, so very much in the Lambert mould, except his personality couldn’t have been more different. While his boss was amiable, even charming, Evans could be a bit peevish and erratic: once he turned up at a demo then left after only a few minutes saying his flatmate was locked out. Typically spies spent five or six days in the field, only returning to their families for one night per week, but on one occasion he went missing for so long that people became concerned and went round to his flat.
A lot of the time he gave the impression of not being very committed and more interested in the social side of the group. LAA had a big drinking culture which he took to like a duck to water and he often took part in fundraising at festivals by working in bars. In SDS parlance he was a ‘shallow paddler’, not a ‘deep swimmer’.
In the last year or so of his deployment, Evans’ involvement in animal rights tapered off somewhat and it was recently revealed that his flatmate was Jason Bishop, a spy active in anti-capitalist groups. The pair drove minibuses to the G8 protests in Scotland in 2005. Both were arrested with other activists for conspiracy to commit a breach of the peace but the charges were dropped.
Evans’ exit and the end of the SDS
Evans was last seen at the AR Gathering in 2005. While sitting around a bonfire he began asking other activists questions about LAA, which had just folded after its bank account containing thousands of pounds was seized by Huntingdon Life Sciences. The mask slipped and it became obvious that he was a cop. He must have realised this because he left the next morning and was never seen again. Evans was the last known SDS spy in London animal rights circles. There were also at least two corporate infiltrators during this period, one of whom worked her way up to be group treasurer before she was uncovered.
In 2008 the SDS was disbanded, its functions supplanted by the National Public Order Intelligence Unit (NPOIU) set up a few years earlier. This was one of three pillars of a new secret state established by the Labour government to combat ‘domestic extremism’, a term which encompassed anyone who wanted to ‘prevent something happening or to change legislation or domestic policy outside of the normal democratic process.’ The others were the National Extremism Tactical Co-ordination Unit (NETCU) and the National Domestic Extremism Team.
There is no reason to believe that intelligence gathering has diminished in the last few years. The animal rights movement has been perceived as less of a threat, mainly due to the imprisonment of certain activists, but the emergence of the anti-badger cull campaign will undoubtedly lead to an increase in surveillance and spying. The ‘Undercover’ book also mentions a recent spy in the Welsh animal rights scene but does not go into detail.
Conclusion: (1) How were we duped?
With the benefit of hindsight it appears obvious that animal rights groups in London were targeted by undercover police who followed the same pattern over a period of at least two decades. In that case why did no-one find out what was going on?
The answer lies in Lambert, the spymaster, who established the template the rest followed. For 23 years ‘Bob’ as he was known was held in such high esteem and affection that his authenticity wasn’t doubted. He was one of us, an anarchist and animal liberationist, who had fled overseas to build a new life. Nobody guessed he was working just a few miles away at Scotland Yard.
The agents that followed – Dines, Davey, Rayner, Green and Evans – did attract suspicion but only individually, not as a sequence. The people they spied upon were activists fighting for animal rights and a better world, welcoming of outsiders into their groups, not spycatchers. Moreover the suspicions were usually no more than of the ‘they are a bit dodgy’ variety, with little or no concrete evidence. Many people have been falsely accused in this way over the years.
The whole thing finally fell apart thanks to the determination of two women: Helen Steel and Laura, the girlfriend of a spy called Jim Boyling, whom she met in Reclaim the Streets in 1999. She managed to track him down after he left her and he confessed about Lambert and Dines. Helen had spent years searching for the latter after he supposedly ran off abroad in 1992. By 2010 she knew he had been a cop but it was Laura who confirmed that he was also a spy. At the same time Mark Kennedy, who worked for the NPOIU, was unmasked.
Conclusion: (2) What difference does it make?
The next important question is what difference does it make? Isn’t this just history? While a lot of this happened a long time ago it does stretch up almost to the present. Those who experienced this also have to show what the state is capable of doing to other, newer activists. Should we should trust politicians and believe the promises made by political parties or is the state fundamentally a force for repression? Can we cooperate with a system that tries to disrupt and undermine groups and individuals in this way?
What went on still matters because when we sweep away all the intrigue and scandal, we are left with a very simple fact: the spies were there to prevent animals being saved. This article has concentrated on what occurred in London because that’s where the writer has mainly been active but there is no question that infiltration went on elsewhere. We know, for instance, that there was a spy active inside SHAC before the mass arrests of 2007.
Many people have been arrested, convicted and even imprisoned during the struggle for animal rights and if it can be proved that a spy was involved, then those convictions are possibly unsafe. Even if their role was only driving activists to a demo where they were arrested, then there could be good grounds for an appeal. This is especially true if those nicked discussed their case with the spy, because this information would have been passed on to the police.
So far a total of 56 convictions or attempted prosecutions of environmental protesters have been overturned, abandoned or called into question over the past two years following disclosures surrounding the activities of undercover police officers. Most of these relate to Mark Kennedy and two climate change actions against power stations in 2008 and 2009.
Most defendants are being represented by Mike Schwarz from Bindmans and he has said he is keen to act for animal rights campaigners who want to try to overturn their convictions. But in order to do that we first have to find out who the spies were.
Conclusion: (3) Learning the lessons
There are no fewer than 15 investigations taking police into the role of undercover police. The main one is Operation Herne which is an internal Metropolitan Police enquiry This will last up to three years and cost millions of pounds but many of the victims of the SDS, including women who had relationships with spies, are boycotting it. They have instead called for an independent public enquiry as when the police investigate themselves the result is inevitably a whitewash.
What can activists themselves learn? Well firstly we should not succumb to paranoia. This may sound strange after what we know now but it is important to realise that the spies were in a small minority. Yes there were several in LBAG/LAA over the years but the group was large and regularly attracted over 50 people to its meetings.
There are, however, commonsense precautions that can be taken. The modus operandi of Special Branch agents – such as using dead children’s’ identities and driving vans – will not be replicated by current spies but if there are certain aspects of a person’s behaviour that don’t make sense or appear suspicious , then it is entirely reasonable to find out the truth. If that means questioning the person to ascertain whether they are a bone fide activist, then so be it. A genuine person would not object to this line of enquiry if the reason for it were explained to them.
Finally the lesson to take from all this is that we are making a difference. The state would not have invested such huge resources in trying to undermine the animal rights movement if it did not fear what we stand for. This is something we should be proud of.
If you have any further information or would like to join an email distribution list called ARspycatcher please contact: ARspycatcher@riseup.net
AR Spycatcher
Find this story at 26 February 2014
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‘Gaan jullie stenen gooien?’ Inlichtingenoperatie rondom studentenprotest21 maart 2014
Dat studenten actie voeren tegen aangekondigde bezuinigingen op het onderwijs is van alle tijden. Daar is niets staatsondermijnend aan. Des te meer opmerkelijk dat diverse actieve studenten gedurende de acties en betogingen door de Regionale Inlichtingendienst en geheime dienst AIVD benaderd zijn met de vraag informant te worden.
Eind 2009 stak er langzaam een storm van protest op tegen de bezuinigingen in het onderwijs. Al jaren wordt er zowel binnen de politiek als vanuit wetenschappelijke hoek geroepen dat er geïnvesteerd moet worden om het Nederlandse onderwijs op peil te houden. De regering van CDA en VVD met gedoogpartner PVV vindt echter dat ook het onderwijs moet korten in verband met de algemene economische malaise. De studentenbonden, maar ook docenten keerden zich tegen het beleid van staatssecretaris Zijlstra van het ministerie van Onderwijs, Cultuur en Wetenschap (OCW).
Naast de ‘officiële’ organen van studenten (LSVB en IOS) en de jongerenorganisaties van enkele politieke partijen (Dwars en Rood) ontstond er een keur aan actiegroepen. Verspreid over het land richtten studenten clubs op als de Kritische Studenten Utrecht (KSU), Kritische Studenten Nijmegen Arnhem (KSNA), Kritische Studenten Twente (KST), Professor Protest (Amsterdam), SACU (Studenten Actie Comité Utrecht), Onderwijs is een Recht (OIER, Landelijk) en de comités SOS Nijmegen en SOS Amsterdam.
Actiegolf
Vanaf april 2010 tot de zomer van 2011 spoelde een golf aan acties over het land. Ludieke acties op straat of in universiteiten, bezettingen van hogescholen en faculteiten en demonstraties in verschillende steden. In het najaar van 2010 nam het protest in omvang toe en in januari 2011 demonstreerden ruim 10.000 studenten tegen de bezuinigingen.
Doel van de acties was van meet af aan duidelijk: geen kortingen op het onderwijs, zeker in een tijd dat de werkloosheid toeneemt. Ook al leefde er groot ongenoegen over het kabinet en gedoogpartner PVV, de regering omverwerpen was nooit een doelstelling. Oppositiepartijen en universiteits- en schoolbesturen verzetten zich samen met de studenten.
Nu lopen ludieke acties, bezettingen en demonstraties wel eens uit de hand, maar zoals onderzoek van Buro Jansen & Janssen naar demonstratierecht in Den Haag heeft uitgewezen, gebeurt dit zelden. Als er al ongeregeldheden plaats vinden, zijn lang niet altijd de actievoerders de schuldigen. Veelal is het ook te wijten aan het optreden van de politie. Bij grote demonstraties is vaak ook een overmacht aan mobiele eenheid aanwezig. De laatste jaren blijven ernstige rellen dan ook uit.
Begin 2011, op het hoogtepunt van de protestgolf, deed zich echter iets geks voor. Op de ochtend van vrijdag 21 januari meldde VVD-burgemeester Van Aartsen aan de NOS dat ‘de gemeente Den Haag aanwijzingen had dat radicalen de studentendemonstratie van vandaag willen verstoren’. Van Aartsen zei dat de politie die aanwijzingen baseerde op informatie afkomstig van ‘open en gesloten bronnen’.
Tijdens die demonstratie vonden er enkele schermutselingen plaats, maar of daar de ‘radicalen’ bij betrokken waren waar Van Aartsen eerder die dag op doelde, bleef onduidelijk. De open bronnen zouden websites, pamfletten en allerlei bladen zijn. Bij gesloten bronnen kan het gaan om telefoon en internet taps, observaties, maar ook informanten en infiltranten.
Zoals verwacht vond er een relletje plaats op het Plein voor het Tweede Kamergebouw en op het Malieveld. De politie meldde dat een deel van de aangehouden jongeren deel uit zou maken van radicale groeperingen. Volgens burgemeester Van Aartsen waren de arrestanten leden van de linkse groep Anti-Fascistische Aktie, zo meldde de NOS die avond.
Radicalen
Volgens de demonstranten liepen er tijdens de betoging veel agenten in burger mee en was de ME dreigend aanwezig. Dit kan het gevolg zijn geweest van de dreigende taal van de burgemeester. De ‘radicalen’ moesten per slot van rekening in de gaten worden gehouden. Van de 27 verdachten (cijfers van de politie) werden er nog op dezelfde dag 22 vrijgelaten.
Vijf verdachten werden maandag 24 januari voorgeleid. Volgens het openbaar ministerie bevonden zich hieronder ‘enkele niet-studenten’. Het zou gaan om een 27-jarige man uit Spanje, een 22-jarige man uit Haarlem, een 21-jarige Amsterdammer, een 26-jarige inwoner van Wassenaar en een 18-jarige Delftenaar.
Het OM maakte niet duidelijk wie nu wel of niet student was. Een HBO-student Arts and Sciences kreeg 8 weken onvoorwaardelijk opgelegd, een student politicologie en geschiedenis 80 uur werkstraf, een bouwkundestudent 40 uur werkstraf en een student toerisme een boete van 500 euro.
Alle verdachten en advocaten spraken van excessief politiegeweld. “De ME mishandelde vrouwen en kinderen” en “ik smeet vrijdag een aantal stenen, nee, geen bakstenen, naar de ME, omdat het geweld dat de politie gebruikte me diep schokte.” De rechter moest toegeven dat het optreden van de politie “niet de schoonheidsprijs verdiende.”
De veroordeelden waren allemaal studenten, zelfs de Spanjaard. Waarom logen burgemeester, politie en OM zowel voor als na de demonstratie over ‘radicalen’? Bespeelden zij de media om zo studenten in een verkeerd daglicht te plaatsen? En waar kwamen die radicalen plotseling vandaan? Na de demonstratie waren de radicalen volgens de burgemeester deelnemers aan de actiegroep AFA. Welke kennis had de politie en vanwaar werd die ingezet?
De gebeurtenissen rondom de demonstratie van 21 januari richtte de aandacht op iets dat al maanden aan de gang was. Vanaf het begin van de studentenprotesten is de overheid bezig geweest om het verzet in kaart te brengen, studenten te benaderen, informanten te werven, te infiltreren en zicht te krijgen op verschillende groepen. Niet de Landelijke Studenten Vakbond (LSVb) of het Interstedelijk Studenten Overleg (IOS) zouden een gevaar vormen, maar andere ‘radicalere’ studentikoze actiegroepen.
Benadering
In april en mei 2010 werd ‘Marcel’ gebeld door een man die zei dat hij van de recherche was en zichzelf Veerkamp noemde. Van welke afdeling en in welke hoedanigheid de beambte contact opnam, vertelde hij niet. Veerkamp werkt echter voor de Regionale Inlichtingendienst Utrecht, zoals uit een andere benadering blijkt. (zie Observant 58, Voor de RID is Griekenland ook een gevaar). De ‘rechercheur’ wilde graag geregeld contact met Marcel.
Marcel is student en actief voor het Studenten Actie Comité Utrecht (SACU) dat nauw samenwerkt met de Kritische Studenten Utrecht (KSU). Beide actiegroepen richten zich op de bezuinigingen op het onderwijs, maar plaatsen die tevens in maatschappelijk perspectief. Naast bezettingen, demonstraties en acties organiseerden ze ook debatten, lezingen en discussies. De kritische studentengroepen hielden een weblog bij met verslagen, agenda en discussie, een open structuur.
De man van de ‘recherche’ wilde van Marcel uit eerste hand weten wat de Utrechtse studenten de komende tijd gingen doen. “Zij wilden graag weten wat ze van ons konden verwachten”, vat Marcel het telefonische onderhoud samen. Marcel vond het nogal vreemd dat de man hem benaderde. Voor demonstraties werd openlijk opgeroepen en de groep meldde deze zelfs bij de politie aan. Waarom zou hij dan achter de rug om van andere studenten met deze man gaan praten?
Al snel werd duidelijk waar het de man om te doen was. Tijdens een van de twee gesprekken vroeg hij Marcel of ze van plan waren om stenen te gaan gooien tijdens studentendemonstraties. Marcel was nogal overrompeld door deze vraag, het leek of de politie er op zat te wachten. Alsof er een behoefte bestond van de zijde van de overheid om de studenten te criminaliseren.
AFA
Waarom wordt een student in Utrecht benaderd met de vraag of de studenten stenen zouden gaan gooien? Als Marcel de enige benaderde actievoerder was geweest dan is de conclusie simpel. De man die hem belde is wellicht werkzaam voor de Regionale Inlichtingendienst (RID) en was op zoek naar een contact binnen de kritische studentengroepen met het oog op mogelijke toekomstige ongeregeldheden. RID’ers hebben zo ook contacten met voetbalsupporters, zoals die van FC Utrecht.
Hoewel het personeel van de RID professionals zijn in het misleiden van mensen, kan de opmerking betreffende ‘stenen gooien’ een verspreking zijn geweest. De benaderde Marcel is echter geen uitzondering. ‘Peter’ werd in een eerder stadium gebeld door iemand van de overheid. Hij is student in Amsterdam en was actief voor de actiegroep Professor Protest. Het is niet duidelijk of de man die hem benaderde dezelfde persoon is geweest die Marcel heeft gebeld. Peter werd gevraagd om als informant te gaan werken. Hij voelde daar niets voor en verbrak de verbinding.
De combinatie van verschillende benaderingen, het bestempelen van elementen bij een studentendemonstratie als zijnde ‘radicaal’ en het benoemen van de ‘linkse groep Anti-Fascistische Aktie’ is te toevallig. In het deelrapport Ideologische Misdaad uit 2005 en 2007 van de KLPD worden deelnemers van AFA expliciet genoemd als ideologische misdadigers, mensen die worden verdacht van het plegen van een misdaad uit ideologische, politieke motieven.
Zodra activisten van AFA door politie worden gezien als ideologische misdadigers en door het landelijk parket gelijk worden gesteld aan roof misdadigers (Strategienota aandachtsgebieden 2005 – 2010) dan is een inlichtingenoperatie gericht op studenten een logisch uitvloeisel indien AFA-activisten ook student zijn en actief binnen die groepen. Daarbij passen benaderingen, infiltratie, aftappen, observaties en andere geheime methoden. Kritische studentengroepen plaatsen de strijd tegen de bezuinigingen van het kabinet in een breder perspectief.
Actieve studenten zijn soms ook politiek actief of strijden voor bijvoorbeeld dierenrechten, ondemocratisch Europa of bijeenkomsten van de G8 of G20. Het optreden van de overheid in deze doet sterk denken aan de inlichtingenoperatie van de BVD rond de Amsterdamse studentenbond ASVA in de jaren ’60 en ’70. Het verschil leek dat Marcel en Peter niet door de inlichtingendienst (de AIVD) zijn benaderd, maar door de ‘recherche’. De recherche zou dan misschien de Nationale Recherche zijn geweest vanwege de ‘ideologische misdaad’.
Geheime dienst
Nu is de wijze waarop prioriteiten gesteld worden aan het werk van politie en parket onderhevig aan politieke druk. Prioriteiten veranderen jaarlijks, afhankelijk van gevoerde discussies in de Tweede Kamer en de doelstellingen van een individuele minister. Het is echter moeilijk voor te stellen dat studentenprotesten plotseling als een belangrijk strategiepunt zijn benoemd voor de Nationale Recherche. Beleid verandert meestal traag, het duurt een tijd voordat het opsporingsapparaat zich gaat richten op een andere prioriteit.
Niet de Nationale Recherche zat dan ook achter de studenten aan, maar de geheime dienst. De benadering van ‘Karin’ onderstreept dit. Zij werd benaderd door iemand van het ministerie van Binnenlandse Zaken en Koninkrijksrelaties, het ministerie dat verantwoordelijk is voor het functioneren van de AIVD. Marcel en Peter zijn waarschijnlijk benaderd door functionarissen van de Regionale Inlichtingendiensten van Amsterdam en Utrecht.
Probleem is dat inlichtingenfunctionarissen meestal niet te koop lopen met hun naam en het werk dat ze verrichten. Indien je als burger zelf niet vraagt met wie je van doen hebt, kunnen zij niet de beleefdheid opbrengen om duidelijk aan te geven dat zij voor een inlichtingendienst werken.
Karin is student aan de Universiteit van Amsterdam (UvA). Zij is sinds eind 2010 betrokken bij het studentenverzet. In februari 2011 bezette zij samen met andere studenten het Bungehuis van de UvA. Aan de actiegroep waar zij deel van uitmaakte, Professor Protest, nam ook Peter deel.
Op 20 april 2011 werd Karin gebeld door een man die zich voorstelde als ‘Ivo Kersting’ (of Kertjens of Kerstman of Kerstland) van het ministerie van Binnenlandse Zaken en Koninkrijkrelaties. Haar mobiele nummer was niet gebruikt als perstelefoon dus Ivo moet haar nummer via het Centraal Informatiepunt Onderzoek Telecommunicatie (CIOT) hebben verkregen.
Ivo belde vanuit Amsterdam met nummerherkenning en sprak Karin met haar voornaam aan. Zij was nogal overrompeld door het telefoontje. Hij vroeg of hij op een gelegen tijdstip belde waarop zij ontkennend antwoordde. Hij kon haar over een uur terugbellen, maar zei niet waarover. Karin vroeg het nog, maar Ivo zei, “nee, over een uur hoor je dat wel”.
Een uur later hing hij weer aan de lijn, nu zonder achternaam. “Hallo, weer met Ivo, van Binnenlandse Zaken. Wij zijn de studentenbeweging in kaart aan het brengen. Jij bent toch woordvoerder geweest van de Bungehuis bezetting? Je bent ons positief opgevallen, en je zou ons erg helpen als je met ons rond de tafel komt zitten om wat te debatteren over de studentenbeweging.”
Ivo heeft gedurende de telefoongesprekken op geen enkele manier uitgelegd wat voor functie hij op het ‘ministerie’ vervulde. Karin antwoordde dat ze geen tijd had en niet meer actief betrokken ws bij de studentenprotesten. Ivo leek een beetje van zijn stuk gebracht door haar resolute antwoord. “Oh, dat is jammer je zou ons echt enorm kunnen helpen, kan ik je niet overhalen?”, probeerde hij nog. Toen Karin ontkennend antwoordde, gooide hij zonder gedag te zeggen de hoorn op de haak.
Intimiderend
Medewerkers van de inlichtingendienst hebben de neiging zich boven de burger, de samenleving te plaatsen. Ze hebben toegang tot allerlei persoonlijke informatie waardoor mensen die benaderd worden zich erg geïntimideerd voelen. Karin vond de gesprekken met Ivo Kersting vervelend en intimiderend. Hij bleef aandringen, draaien, geveinsd vriendelijk doen en doordrammen terwijl zij toch duidelijk was met haar ontkenning.
Ivo belde namelijk na een paar minuten weer terug. Hij verontschuldigde zich niet dat hij zo onbeschoft de hoorn op de haak had gegooid, maar zei meteen dat ze geld kreeg voor deelname aan het gesprek. Hoewel Karin opnieuw zei niet mee te willen werken, bleef de functionaris aanhouden. “We kunnen ook in Amsterdam afspreken. Ben je in Amsterdam? Je woont toch in Amsterdam? Ik ben nu met een collega in de buurt dus dan zouden we even kunnen spreken?”
Blijkbaar wisten ze meer van haar dan ze hadden laten doorschemeren. Karin wees de agenten opnieuw af, maar op het drammerige af bleef Ivo aanhouden. “Anders spreken we af dat jij bepaalt waar en wanneer je af wilt spreken. Je zou ons echt enorm kunnen helpen.” De druk werd opgevoerd. Karin moest zich schuldig gaan voelen. Zij wilde niet meewerken terwijl Ivo en zijn collega zo redelijk waren.
Dat waren ze echter niet. Ze intimideerden haar en toonden geen respect voor haar standpunt. “Weet je wat, ik overval je nu natuurlijk. Misschien kan ik je anders volgende week bellen”, zei Ivo alsof hij haar ontkenning helemaal niet had gehoord. Opnieuw voor de tiende keer antwoordde Karin dat ze niet wilde afspreken, geen tijd en zin had.
Karin was overrompeld, maar was nee blijven zeggen. Achteraf realiseert zij zich dat ze blij was dat ze wist dat ze het volste recht had om te weigeren mee te werken. Na een spervuur aan vragen te hebben overleefd en geschrokken te zijn van de behandeling, bleef er alleen maar boosheid bij haar hangen. “Het is eigenlijk politie van de ergste soort omdat ze zich niet eens voordoen als politie, en het laten lijken alsof je gewoon een gezellig kopje koffie gaat drinken”, vat ze het maanden later samen.
“Veel studenten die benaderd worden zullen dusdanig geïntimideerd zijn dat ze gaan praten omdat ze niet durven te weigeren. Anderen zullen denken dat het om een gezellige discussie of om een debat gaat”, concludeert Karin. De geheim agenten gaven haar ook die indruk. “Ze deden alsof het heel erg zou helpen als ik met ze zou gaan debatteren over de studentenbeweging, alsof zij invloed hadden op de besluitvorming rondom de bezuinigingen”, voegt ze nog toe. Karin is er van overtuigd dat er zeker studenten zijn geweest die op het aanbod zijn ingegaan en met Ivo en zijn collega of andere functionarissen hebben gesproken.
Persoonsdossiers
Naast Marcel, Peter en Karin zijn er ook andere mensen benaderd vanaf het najaar van 2010 tot en met de zomer van 2011. Waarom wordt een inlichtingendienst ingezet tegen een groep studenten die protesteert tegen de bezuinigingen op het onderwijs? Niet om rellen te voorkomen, zoals bij voetbalsupporters. Bij risicowedstrijden communiceert de RID vooral met de burgemeester en met de driehoek over mogelijke ongeregeldheden, niet met de inlichtingendienst.
Dat er een uitgebreidere inlichtingenoperatie rondom de studentenprotesten op touw is gezet, maken de eerste stukken duidelijk die via de Wet openbaarheid van Bestuur (WoB) en de Wet op de Inlichtingen- en Veiligheidsdiensten (WIV) zijn verkregen. De RID van de regiopolitie Haaglanden heeft op 27 januari 2011 een nabeschouwing van de studentendemonstratie opgesteld voor het Algemeen Commandant van de Staf grootschalig en bijzonder optreden (AC SGBO).
Of dit rapport alleen naar de algemeen commandant is gegaan, valt te betwijfelen. Op 21 maart 2011 schrijft rapporteur ‘R: 15:’ van de RID Haaglanden het verstrekkingrapport 1414/11 aan de AIVD. Het rapport gaat over een studentendemonstratie van 25 maart 2011. Er wordt in gemeld wie de organisator was van de betoging, de route en het aantal te verwachten demonstranten. Onduidelijk is of er delen van het rapport zijn achtergehouden.
Evenmin duidelijk is hoelang de overheid studenten al in kaart aan het brengen is. Duidelijk is wel dat er persoonsdossiers zijn samengesteld van individuele actievoerders. Op basis van die dossiers is de claim van burgemeester Van Aartsen, de politie en het Openbaar Ministerie rond de demonstratie van 21 januari 2011 te begrijpen. Of er provocateurs van politie of inlichtingendienst, mensen die aanzetten tot geweld, tussen de demonstrerende studenten rond hebben gelopen, is niet duidelijk. Wel waren er veel agenten in burger op de been en de ME trad onnodig hard op.
Marcel, Peter en Karin zijn fictieve namen.
Find this story at 26 March 2012
Cambridgeshire police tried to turn political activists into informers21 maart 2014
Force defends use of covert tactics against campaigners
Police and anti-fascist protesters clash in Cambridge before a speech at the university by the French far-right leader Marine Le Pen in 2013. Photograph: Oli Scarff/Getty
A young anti-racism protester abandoned her campaigning work because she felt intimidated by a covert police officer who tried to persuade her to spy on her political colleagues, she has said.
The 23-year-old said the officer, working for a secretive police unit, threatened to prosecute her if she told anyone about the attempt to enlist her as an informer.
The woman, who is a single mother, said the threat had left her feeling “vulnerable and intimidated”, worried that a prosecution would jeopardise her young son, her university place and her chances of working in the future. “If I was charged, I could lose everything,” she said.
The Guardian in November published a secretly recorded video revealing how police had tried to recruit an environmental protester, also in his twenties, to spy on politically active Cambridge students.
Now, three more campaigners have come forward. They have described how police from the covert unit tried to convince them to become informants, and to spy on political groups, such as environmentalists and anti-fascists, in return for cash.
The allegations come two weeks after Theresa May, the home secretary, ordered a public inquiry into the undercover infiltration of political groups after revelations that the police had spied on the family of Stephen Lawrence.
Another of the campaigners said an officer had appeared to follow him and his young daughter to a supermarket where, he said, the officer thrust an envelope containing cash into his hand to induce him to secretly pass on information about environmentalists in Cambridge.
He said he had angrily rejected the envelope, warning that he would get a legal order to stop the police pursuing him, as the officer had previously made two unannounced visits to his home to try to turn him into an informant.
A third campaigner said a police officer had also offered him cash for details about the political activities of leftwing students in Cambridge. He said the same police officer was recorded in the secret video published in November.
All four attempts were made since late 2010 by Cambridgeshire police officers. The force, which accepts that it tried to recruit the four, refused to name or give any details about the unit, but denied its officers would carry out some of the behaviour alleged by the activists.
A spokesperson said : “Officers use covert tactics to gather intelligence, in accordance with the law, to assist in the prevention and detection of criminal activity.”
They added: “In the application of these tactics we wouldn’t engage in behaviour which has been described by the individuals.”
The Cambridge MP, Julian Huppert, said he was “alarmed” by the allegations, and demanded an explanation from the Cambridgeshire chief constable, Simon Parr, of “what has happened here, particularly if people are feeling threatened by the police”.
He added: “The police clearly have a role to keep us safe and to try and understand what is happening. But the sort of methods that are described here seem to me to be simply inappropriate. I do not believe that the sort of steps that are being taken here are proportionate to the actual risks there are.”
The allegations may shed light on how far police may be prepared to go in their efforts to recruit informers, said to number in the hundreds across the country, from inside what activists say are legitimate protest campaigns.
None of the four activists was willing to be named, as they said they feared repercussions from the police.
The single mother has described how her first political action was to join the Cambridge branch of Unite Against Fascism (UAF) in late 2012. She attended two meetings held to mount a counter-demonstration to a march that was being organised by the far-right English Defence League.
She volunteered to help the group’s Facebook page and other social media. Soon after, an officer rang her on her mobile to ask her to come to a local police station as he wanted her opinion on antisocial behaviour in her neighbourhood.
But it was a ruse, she said: at station the officer instead asked her if she would become an informant and tell “everything” she knew about UAF in return for expenses, including trawling Facebook for information about the group.
The officer, whose name is not being disclosed by the Guardian and has been given the pseudonym Peter Smith, saidhe worked for a covert unit whose activities were not known to the rest of the station.
She said that twice during the meeting Smith had warned her that she could be prosecuted if she told anyone, including her mother, about the attempt to recruit her. “He said, if you tell anybody about it at all, we can charge you for getting in our way or compromising our investigation,” she added.
“I felt at the time a bit of blind panic. It took me off my guard. It knocked me for six. You kind of feel like your back is against the wall, and you did not even know that you were going to be there, or why.”
She went home worried “about what I had got myself into here. I felt completely exposed. The problem was that I could not tell anybody”.
She had felt it would be “immoral” not to tell the UAF; but if she did, that could compromise other people in the group.
She said she had also been worried that police would find out if she told anyone, as she suspected that someone at the group’s meetings had passed on her contact details to the police in the first place.
Faced with the quandary, and unable to “look the group in the eye”, she withdrew from UAF. She had felt “pressured” into another meeting with Smith, but after further phone calls from him she had rejected his offer.
She and two others are speaking out after the publication of the secret video, which was recorded by the young protester using a concealed camera. It appeared to show Smith asking the protester to spy on Cambridge students, Unite Against Fascism, UK Uncut and environmentalists.
One of the campaigners who has now come forward said he, too, had been lured to a police station under a pretext by Smith in late 2012.
The campaigner, a student at Cambridge University, had called the police to report two suspicious men on his street who looked as if they were looking for houses to burgle.
A few days later, he said, he had received a call from Smith inviting him to the station to discuss the suspicious men in more detail.
But when he went to the meeting, Smith showed little interest in burglary, and instead asked if he would become an informant, supplying him with information about protests being organised by leftwing students in Cambridge.
Smith allegedly said the campaigner would be paid for his work, but he refused, and heard nothing more.
In the other case, the environmental and social justice campaigner said a police officer had twice come to his house without an appointment and suggested that one of the campaigns he wanted information about was an environmental group, Cambridge Action Network.
He said that even though he had rejected the attempt after a third encounter, the police officer had seemed to follow him and his young daughter a month later to a supermarket, and had pushed an envelope of cash notes into his hand one afternoon in 2011.
“It seemed very random that he should cross our paths there and then, at that moment,” the campaigner said. “Just as we were getting on our bikes, he kind of swooped around the corner on his bicycle and tried to push the money into my hand.”
Rob Evans and Matthew Taylor
The Guardian, Monday 17 March 2014 16.53 GMT
Find this story at 17 March 2014
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Hillsborough families campaigning for justice ‘had their phones tapped by police spying on them’21 maart 2014
Lawyer Elkan Abrahamson has demanded allegations form part of enquiry
He says family members have picked up phone and heard other campaigners
Met Police have not confirmed or denied they put families under surveillance
Hillsborough campaigners may have been spied on by police through a centralised ’tapping unit’, a leading lawyer has claimed.
Elkan Abrahamson has lodged a series of complaints with the police watchdog over the claims.
The Independent Police Complaints Commission (IPCC) confirmed it has received three referrals about officers spying on campaigners following the 1989 tragedy in which 96 Liverpool fans lost their lives.
Mr Abrahamson, of Broudie Jackson and Canter, said the firm has received strikingly similar accounts of family members picking up the phone to make a call, only to hear an ongoing conversation between other Hillsborough campaigners in a different part of the country.
He said: ‘We’ve had a few separate complaints of phone tapping.
‘It involved a family member picking up the phone only to hear two other family members speaking elsewhere.’
More…
Payouts over secret police will run to tens of millions after it is revealed officers spied on Lawrence family
DAILY MAIL COMMENT: Lawrence and vital role of a free Press
He demanded that allegations of police officers spying on Hillsborough families was included in the public inquiry announced by Home Secretary Theresa May on Thursday after a report found Scotland Yard had spied on murder victim Stephen Lawrence’s family.
Mrs May told the Commons that conclusions that the Metropolitan Police planted ‘a spy in the Lawrence family camp’ were ‘deeply troubling’.
Mr Abrahamson said: ‘It is essential that the enquiry announced by the Home Secretary includes the concerns about surveillance in the Hillsborough case.
‘It will, of course, focus on Lawrence, but the Hillsborough tragedy should equally be subjected to the same scrutiny on this subject of spying.’
The inquiry will be led by Mark Ellison who fronted the independent report into the Lawrence surveillance concerns which sparked this week’s government decision.
The latest Hillsborough complaint echoes the story of Hilda Hammond, who lost her 14-year-old son Philip, and who was on the phone to a friend in 1990 when she could suddenly hear another chat of fellow campaigner Jenni Hicks who was in conversation at her home in Middlesex.
Broudie, Jackson and Canter has also documented a further complaint of a relative believing they were followed by police in Sheffield at the time of the inquests into the tragedy, between 1990 and 1991.
The IPCC also said one of the surveillance complaints related to property being stolen.
The Metropolitan Police, and other forces, has refused to deny or confirm they took part in surveillance of Hillsborough families.
Home Secretary Teresa May has now volunteered to write to every chief constable in the UK to demand they hand over any documents on Hillsborough to the new inquiry.
The move was welcomed, but Mr Abrahamson added: ‘She should ask police forces to provide information on all relevant areas, like surveillance.
‘To hide behind reasons of national security seems particularly unfair when we’re talking about bereaved families.’
It also emerged that some retired cops who had refused to give evidence were now ‘reconsidering’, the IPCC said.
Of the 243 officers whose statements were suspected of being doctored, just 12 of them remain to be questioned.
Rachel Cerfontyne, deputy chairwoman of the IPCC, said: “Concerns have been raised been raised by families about alleged surveillance from police.
‘We believe the Home Secretary’s letter may also assist in identifying whether any documentation relating to surveillance exists.’
By SAM WEBB
PUBLISHED: 20:21 GMT, 9 March 2014 | UPDATED: 09:52 GMT, 10 March 2014
Find this story at 9 March 2014
© Associated Newspapers Ltd
Scotland Yard in new undercover police row; Force accused over attempts to block claims by women allegedly deceived into sexual relationships21 maart 2014
Scotland Yard stands accused of covering up “institutionalised sexism” within the police in trying to block civil claims launched by women allegedly deceived into sexual relationships with undercover officers.
Police lawyers are applying to strike out, on secrecy grounds, the claims of five women who say they were duped into intimate long-term relationships with four undercover police officers working within the special demonstration squad (SDS), a Metropolitan police unit set up to infiltrate protest groups.
The legal bid, funded by the taxpayer, is being fought despite widespread outrage and promises of future transparency by Scotland Yard, following official confirmation last week that an undercover officer was deployed 21 years ago to spy on the grieving family of murdered teenager Stephen Lawrence.
The Observer understands that police lawyers are asking the high court to reject claims against the Metropolitan police on the grounds that the force cannot deviate from its policy of neither confirming nor denying issues regarding undercover policing.
It is understood that Scotland Yard will say in a hearing, scheduled to be held on 18 March, that it is not in a position to respond to claims and therefore cannot defend it.
Last week an independent inquiry revealed that an officer identified only as N81 was deployed in a group “positioned close to the Lawrence family campaign”. The spy gathered “some personal details relating to” the murdered teenager’s parents. It was also disclosed that undercover officers had given false evidence in the courts and acted as if they were exempt from the normal rules of evidence disclosure.
A separate report on a police investigation into the SDS found that three former officers who had had sexual relations with women who had not known their true identities could face criminal charges.
Harriet Wistrich, a lawyer at Birnberg Peirce & Partners representing the women, said it was absurd that Scotland Yard claimed to be transparent while blocking her clients’ bid for justice in open court. On Friday the former director of prosecutions, Lord Macdonald, accused the police of engendering a “culture of conceit”.
Wistrich said: “They should just hold up their hands and say, ’this is terrible, we recognise that and are doing everything we can do to put it right’.”
Wistrich said Scotland Yard had made no move to reverse its legal position despite calls by Theresa May, the home secretary, for transparency in the wake of what she last week described as “profoundly disturbing” findings.
“They are basically saying that we have this policy and we have to uphold the policy because we gave lifelong assurances that we would not reveal their identities. This is nonsense when some have confessed themselves to being undercover officers.
“In total, we have got five different officers between the eight claimants and our own evidence suggests there was a deliberate kind of encouragement to do this. We are not just talking about a bad apple … but a rotten-to-the-core, institutionalised sexism.”
The officers accused of forging long-term sexual relationships with women while undercover are Jim Boyling, Bob Lambert, John Dines and Mark Jenner.
Last week May announced a public inquiry into the work of undercover police officers shortly after the publication of the inquiry on allegations of spying on the Lawrence family.
There are additional calls, including by shadow business secretary Chuka Umunna, for an examination of the role of undercover officers in providing information for a blacklist operation run by major companies within the construction industry which forced more than 3,000 people out of the sector.
Brian Richardson, a barrister who has set up an umbrella group, Campaign Opposing Police Surveillance, said: “It is extremely important that the proposed inquiry considers the infiltration of the Lawrence family campaign and that of [all] the targets of police surveillance. However, we must continue to campaign to ensure that the inquiry is fully transparent and that those responsible … are held to account.”
Daniel Boffey, policy editor
The Observer, Saturday 8 March 2014 20.30 GMT
Find this story at 8 March 2014
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Lawrence revelations: admit institutional racism, Met chief told21 maart 2014
Anti-terror head moved as black police leader says force has not improved since the 1999 Macpherson inquiry
The crisis engulfing the Metropolitan police following fresh revelations about the Stephen Lawrence case intensified on Friday night as the leader of its black officers’ association called on the commissioner, Sir Bernard Hogan-Howe, to admit that the force was still institutionally racist.
Janet Hills, chair of the Met’s black police association, told the Guardian that the report by Mark Ellison QC into alleged police wrongdoing in the Lawrence case was the latest example of the force failing the communities it serves.
Her comments came as the repercussions from Ellison’s report, commissioned by the home secretary, led the Met to move its head of counter-terrorism, Commander Richard Walton, out of his post after he was caught up in allegations that a police “spy” was placed close to the Lawrence family.
The first public inquiry into the Lawrence case by Sir William Macpherson in 1999 resulted in the force being branded “institutionally racist” for its failings that led the teenager’s killers to escape justice.
Years later the Met said the label no longer applied because it had improved so much, but the leader of the Met’s own ethnic minority officers disagreed.
Hills said: “We believe the Met is still institutionally racist.” She said this was shown by issues such as higher rates of stop and search against black people, and “the representation of ethnic minorities within the organisation, where ethnic minorities are still stuck in the junior ranks”. She added: “For me, it lies in the fact there has been no change, no progression.”
In his first public comments, Hogan-Howe accepted that the Ellison report was “devastating” and the London mayor Boris Johnson, who has responsibility for policing in the capital, described as “sickening” Ellison’s conclusion that a detective in the Lawrence murder investigation may have been corrupt.
Hills said: “The Ellison report’s revelations came because of continuing pressure from the Lawrence family. It’s only because the Lawrence family are fighting for justice that all this is coming out, and there will be more to come.”
Hills said Hogan-Howe should publicly accept that, 15 years on from Macpherson, Britain’s biggest police force – serving a city where 40% and rising are from ethnic minorities – was still “institutionally racist”. She said: “It would be good to hear him acknowledge that … For community trust and confidence he needs to take ownership.”
Johnson defended the Met’s record on race and said confidence was rising in the force Hogan-Howe leads: “He is right to continue and accelerate the work of recruiting a police force that resembles the community it serves.
There has been good progress in recent years in recruiting from ethnic minorities, but there is still some way to go. I know Sir Bernard is determined to get there, and I am sure that we can.”
Ellison’s revelations that the Met had a “spy in the Lawrence camp” during the Macpherson inquiry led the force to announce it would “temporarily” move Walton from his post as head of counter-terrorism, one of the most sensitive jobs in British policing. He has also been referred to the Independent Police Complaints Commission.
In August 1998, Walton, then an acting detective inspector, was helping to prepare the Met’s submission to the Macpherson inquiry. He secretly met an undercover officer – described by Ellison as being “positioned close to the Lawrence family campaign” to exchange “fascinating and valuable” information about the grieving family. Some of that information passed from the undercover officer included details on Doreen and Neville Lawrence’s marriage.
Neville Lawrence last night called the revelations “disgusting”, telling the Daily Mail: “It’s unbelievable. They have mocked everything we have done, telling us to our faces that they are listening and things will change, and all the time laughing behind our backs.
“I think they are actually worse than criminals because these officers get paid with taxpayers’ money for what they do.”
Ellison found Walton’s conflicting accounts of the meeting “unconvincing, and somewhat troubling”.
He offered a different version of the purpose of this meeting last month after Ellison told him that he was facing criticism in the report.
Walton was moved to a non-operational role. It comes as the Met faces withering criticism from the home secretary down over the new revelations about its behaviour during the Lawrence case.
Hogan-Howe said the publication of the Ellison report marked one of the worst days of his police career.
He vowed to reform the force, and told London’s Evening Standard: “I cannot rewrite history and the events of the past but I do have a responsibility to ensure the trust and the confidence of the people of London in the Met now and in the future.”
Theresa May branded the Lawrence revelations, some 21 years after the murder, as “profoundly shocking and disturbing”, adding that “policing stands damaged today”. She said the full truth had yet to emerge.
Lord Condon, Met commissioner at the time of the “spy” in the Lawrence camp, denied any knowledge of the deployment, telling the House of Lords: “At no stage did I ever authorise, or encourage, or know about any action by any undercover officer in relation to Mr and Mrs Lawrence or their friends or supporters or the Macpherson inquiry hearings. Had I known I would have stopped this action immediately as inappropriate.”The fallout after the Ellison report is also reaching the courts. Two campaigners are to appeal against their convictions, alleging that an undercover police officer took part in their protest and set fire to a branch of Debenhams, causing damage totalling more than £300,000.The officer, a leading member of the covert unit at the heart of the undercover controversy, was revealed this week to have also been a key figure in thesecret operation to spy on the family of Stephen Lawrence.
The announcement of the appeal comes as scores of convictions involving undercover officers over the past decades are to be re-examined to see if campaigners in a range of political groups have been wrongly convicted.
Ellison, the QC who produced Thursday’s report into the undercover infiltration of the Lawrence campaign, also found that the unit, the special demonstration squad (SDS), had concealed crucial evidence from courts.
Now he has been asked by the home secretary, Theresa May, to identify specific cases in which unjust convictions have been caused by the SDS, which infiltrated political groups between 1968 and 2008.
Vikram Dodd and Rob Evans
The Guardian, Friday 7 March 2014 23.04 GMT
Find this story at & March 2014
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