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  • Suspect in death of Colorado prisons director threatened to kill prison staff, documents say

    Colorado Department of Corrections via Reuters

    Evan Spencer Ebel in an undated Colorado booking photo.

    Andy Cross / Denver Post via Getty Images

    Tom Clements, executive director of the Colorado Department of Corrections, who was shot to death at his home.

    The man linked to the shooting death of Colorado's corrections director had a long history of run-ins with guards while serving nearly eight years in the state's prisons, including an incident in which he was accused of threatening to kill a guard after making her "beg for her life," prison records show.

    The man, Evan Spencer Ebel, 28, died in a shootout with deputies last week near Decatur, Texas. Colorado authorities said the same gun Ebel used in the shootout was also used to kill Tom Clements, executive director of the Colorado Department of Corrections, on March 19, less than two months after he was released from prison after serving time for robbery and menacing convictions.

    Ebel is also believed to have shot and killed a pizza delivery man and used his uniform to get to Clements' front door without raising suspicion.


    Colorado prison officials released Ebel's full prison record Thursday following an open records request by The Associated Press. It shows Ebel — who sometimes used the aliases Ebel Evil and Dustin McKay — racked up 28 violations during the seven years and 11 months he spent in four Colorado prisons, including multiple citations for assault, fighting and verbal abuse.

    Ebel, whom the records list as having been affiliated with a white supremacist prison gang called the 211 Crew, threatened to kill staff members at least twice, the document says. The records don't identify the employees or give any indication that the threats were connected to his white supremacist beliefs. 

    On Nov. 7, 2006, Ebel slipped out of his handcuffs, hit a staff member in the face and threatened to kill the staff member and his or her family, according to the file. 


    Less than a year earlier, on Sept. 17, 2005, Ebel was in a confrontation with guards after he smeared feces on another inmate's cell door. He threatened one of the guards, telling her he would "kill her if he ever saw her on the streets and that he would make her beg for her life," the records show.

    The records indicate that smearing feces on cell doors was a favorite protest tactic of Ebel, who was punished for the infraction at least three times. 

    On other occasions, he was disciplined for refusing to obey commands, verbally abusing prison staff, fighting with other inmates and vandalizing his cell. The records indicate that prison staff had to subdue him with pepper spray at least twice.

    Investigators have been unraveling what increasingly appears to have been an ambitious agenda of mayhem by Ebel. 

    An evidence recovery log in the Clements investigation showed Tuesday that Texas authorities found bomb-making materials, a mask, duct tape and surveillance cameras in the car he was driving when he was killed last week.

    Earlier Thursday, the Colorado Bureau of Investigations said in a statement that police had arrested a 22-year-old Colorado woman on suspicion that she illegally provided Ebel with the gun used to kill Clements.

    Follow M. Alex Johnson on Twitter and Facebook.

    More stories on Open Channel


  • Seniors 'brainwashed' by controversial scooter ads, doctor says

    AP

    A scene from a Hoveround commercial. Ads for motorized scooters are coming under increased scrutiny for creating the false impression that they're a convenient way to get around, not a medical necessity.

    TV ads show smiling seniors enjoying an "active" lifestyle on a motorized scooter, taking in the sights at the Grand Canyon, fishing on a pier and high-fiving their grandchildren at a baseball game.

    The commercials, which promise freedom and independence to people with limited mobility, have driven the nearly $1 billion U.S. market for power wheelchairs and scooters. But the spots by the industry's two leading companies, The Scooter Store and Hoveround, also have drawn scrutiny from doctors and lawmakers, who say they create the false impression that scooters are a convenient means of transportation rather than a medical necessity.

    Members of Congress say the ads lead to hundreds of millions of dollars in unnecessary spending by Medicare, which is only supposed to pay for scooters when seniors are unable to use a cane, walker or regular wheelchair. Government inspectors say up to 80 percent of the scooters and power wheelchairs Medicare buys go to people who don't meet the requirements. And doctors say more than money is at stake: Seniors who use scooters unnecessarily can become sedentary, which can exacerbate obesity and other disorders.

    "Patients have been brainwashed by The Scooter Store," says Dr. Barbara Messinger-Rapport, director of geriatric medicine at the Cleveland Clinic. "What they're implying is that you can use these scooters to leave the house, to socialize, to get to bingo."

    The scooter controversy, which has escalated with a government raid on The Scooter's Store's New Braunfels, Texas, headquarters last month, underscores the influence TV ads can have on medical decisions. Like their peers in the drug industry, scooter companies say direct-to-consumer advertising educates patients about their medical options. But critics argue that the scooter spots are little more than sales pitches that cause patients to pressure doctors to prescribe unnecessary equipment.

    The Scooter Store and Hoveround, both privately held companies that together make up about 70 percent of the U.S. market for scooters, spent more than $180 million on TV, radio and print advertising in 2011, up 20 percent since 2008, according to advertising tracker Kantar Media. Their ads often include language that the scooters can be paid for by Medicare or other insurance: "Nine out of ten people got them for little or no cost," states one Hoveround ad.

    Hoveround did not respond to a half-dozen requests for comment. The Scooter Store, the nation's biggest seller of scooters, said that most people who contact the company after seeing the ads do not ultimately receive a scooter.

    "The fact that 87 percent of the persons who seek power mobility products from The Scooter Store under their Medicare benefits are disqualified by the company's screening process is powerful evidence of the company's commitment to ensuring that only legitimate claims are submitted to Medicare," the company said in a statement. The Scooter Store has been operating with a streamlined staff in recent days, following massive layoffs in the wake of the raid by federal agents.

    Insurance executives say doctors who don't understand when Medicare is supposed to pay for scooters are partly to blame for unnecessary purchases.

    Scooters — which are larger than power wheelchairs and often include a handlebar for steering — are covered by Medicare if they are prescribed by a doctor who has completed an evaluation showing that their patient is unable to function at home without a device.

    The doctor fills out a lengthy prescription form and sends it to a scooter supplier that delivers the device to the patient and then submits the paperwork to Medicare for payment. Medicare pays about 80 percent of that cost, which can range from $1,500 to $3,500. The remainder is often picked up by supplemental insurance or the government-funded Medicaid program for low-income and disabled Americans.

    The process can help immobile seniors get equipment that improves their lives. Ernest Tornabell of Boynton Beach, Fla., received a scooter from Pride, a smaller manufacturer, through Medicare about six years ago. The 73-year-old suffers from obesity, diabetes and lung disease and says he used to never leave his house. Now, using the scooter he can walk his dog, go to the grocery store and run other errands.

    "I couldn't really get out and do anything before. Now I have a lot more mobility," said Tornabell, whose doctor recommended that he get the device.

    But Dr. Stephen Peake, medical director for the insurer Blue Cross Blue Shield in Tennessee, says doctors can often be as uninformed about the appropriate role of scooters as patients.

    "I talk to a lot of physicians about this subject ... and after our discussions, they don't understand that you can't get a power mobility device so mom can go to the park with the family," Peake said in testimony before the Senate Committee on Aging last year.

    One reason for the confusion? Doctors say scooter companies are just as aggressive with health professionals as they are in marketing to their patients.

    Dr. Jerome Epplin of Litchfield, Ill., who also testified before the Senate, estimates that only about one out of every 10 patients who ask him for a scooter actually needs one. But he said that sales representatives from some scooter companies put pressure on him by accompanying patients to his office. The effect is coercive, he says.

    "It can be intimidating," Epplin says. "I see it as an inappropriate attempt to influence my clinical judgment when I'm evaluating a patient."

    Allegations of Medicare fraud within the industry go back nearly a decade.

    In 2005 the U.S. Justice Department sued The Scooter Store, alleging that its advertising enticed seniors to obtain power scooters paid for by Medicare, and then sold patients more expensive scooters that they did not want or need. The Scooter Store settled that case in 2007 for $4 million.

    As part of the settlement, The Scooter Store was operating under an agreement that made the company subject to periodic government reviews between 2007 and last year. In 2011, the latest review available, government auditors estimated that The Scooter Store received between $47 million and $88 million in improper payments for scooters.

    The Scooter Store took no action to repay the money until February 2012, when the Health and Human Services' inspector general threatened to bar the company from doing business with Medicare, which accounts for about 75 percent of its income, according to its congressional testimony.

    The company said the government's estimate was flawed and that it was willing to repay $19.5 million in overpayments. The company has paid about $5.7 million, with the rest scheduled for repayment over a 5-year period to be completed in 2017.

    Medicare said in a January letter that it accepted the fee based on The Scooter Store's own assessment of what it owed, but that the agreement "does not absolve The Scooter Store from any further liability."

    In recent months Sen. Richard Blumenthal, D-Conn. and other members of the Senate Aging Committee have pushed Medicare to recover the millions of dollars spent on unnecessary scooters each year. Those purchases totaled about $500 million in 2011, the latest year available, according to a report by the Department of Health and Human Services' inspector general.

    Medicare, which says that it does not have control over how companies market chairs, launched a pilot program designed to reduce wasteful spending on scooters.

    Under the program, government contractors in seven states review patients' medical documentation to make sure they need a wheelchair or scooter before approving payments for a device. The program is being tested in a small number of states — including Florida, California and New York — because the government must pay contractors extra to review additional paperwork.

    The program has been criticized by The Scooter Store's executives, who say that contractors are too strict in their reviews, rejecting payments for power chairs that are genuinely needed.

    The reduced payments are taking a toll on the company, which was founded in 1991. The Scooter Store has spent nearly $1 million lobbying Congress over the last two years, almost exclusively focused on the Medicare review program. And the company laid off about 370 employees in the past year, blaming the reduced payments it's been getting from Medicare.

    Then, last week, The Scooter Store notified most of its remaining 1,800 employees that their jobs were being eliminated. The company said in a statement to the Associated Press that it is operating with a workforce of 300 employees — down from the 2,500 workforce it had at its peak — while trying to restructure its operations.

    The mass layoffs followed a raid in February by about 150 agents from the FBI, the Department of Justice and the Texas attorney general's Medicaid fraud unit at the company's headquarters.

    Federal authorities have declined to speak about the raid, but scooter industry critics in Congress praised the action.

    "This raid is a welcome step toward cracking down on waste and fraud in Medicare," said Blumenthal, the Connecticut senator. "I have urged action to stop abusive overpayments for such devices — costing taxpayers hundreds of millions of dollars and preying on seniors with deceptive sales pitches."

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  • Read the Newtown search warrants released by authorities

    Click each of the documents below to read through the five search warrants released by authorities regarding the Sandy Hook elementary school shooting on Dec. 14, 2012. You can search for specific words or terms by entering them in the search box below.

    Related content:

  • Guns, knives, ammo and gear: Adam Lanza's arsenal, item by item

    Search warrants released Thursday laid bare the extent of Newtown school massacre suspect Adam Lanza's arsenal. Here is a catalog of the weaponry found at the school where 20 children and six staffers were killed and at the home he shared with his mother, who was also murdered:

    At the school:

    1 Bushmaster .223 caliber model XM15 rifle with a 30-round magazine

    1 Glock 10mm handgun

    1 9mm Sig Sauer P226 handgun

    1 Saiga 12 shotgun with two magazines containing 70 rounds

    6 30-round magazines, three of them emptied

    At the home:

    Guns:

    1 Enfield bolt-action .323 rifle

    1 Savage Mark II .22 caliber rifle with magazine, 3 live rounds, 1 spent cartridge

    1 black marksman BB gun

    Ammunition:

    5 Winchester 12-gauge shotgun shells cut open, with buckshot

    1 white plastic bag with 30 Winchester 12-gauge shotgun shells

    1 can with .22 caliber and .45 caliber bullets

    8 boxes of Winchester Windcat .22 caliber bullets, 50 rounds per box

    20 "Estate" 12-gauge shotgun shells

    4 boxes of SB buckshot 12-gauge, 10 round per box

    1 box of Lightfield 12-gauge slugs

    1 box of 20 Prvi Partizan 303 British rifle cartridges

    1 box of 20 Federal 303 British rifle cartridges

    2 boxes of .22 long rifle Blazer rounds, 50 each box

    1 box with numerous rounds of Winchester .45 caliber bullets

    2 boxes of 50 rounds of PPU .45 caliber automatic

    1 box of 20 rounds for Remington .223 caliber

    3 boxes of Blazer 40 S&W, 50 rounds each

    2 boxes of Winchester 5.56 mm, 20 rounds each

    1 box of Magtech 45ACP with 30 rounds

    1 empty Box of SSA 5.56 mm

    1 box of Fiocchi .45 auto with 48 rounds

    80 rounds of CCI .22 long rifle

    6 boxes of PMC .223 rem, 20 rounds each

    6 Winchester 9 pellet buckshot shells, 12-gauge

    2 Remington 12-gauge slugs

    3 Winchester .223 rifle rounds

    31 .22 caliber rounds

    2 boxes of Underwood 10 mm auto, each with 50 rounds

    130 rounds of Lawman 9mm Luger

    2 spent shell casings for Glock 10mm

    1 empty box of Gold Dot 9mm Luger

    2 empty boxes of Winchester 9mm Luger

    1 box of Underwood 10mm auto with 34 rounds

    1 box of 29 miscellaneous 9mm rounds

    1 spent .22 shell casing

    1 small plastic bag containing numerous .22 caliber bullets

    1 tan bag with numerous Blazer .45 caliber bullets

    1 box of Blazer .22 long rifle with 50 rounds

    1 box PPU 303 British cartridges with 9 rounds

    2 Winchester 9mm rounds

    2 brass-colored shell casings

    1 small caliber bullet (live round) labeled C

    Magazines:

    1 Promag 20-round 12-gauge drum magazine

    1 MD Arms 20-round 12 gauge drum magazine

    3 AGP Arms 12-gauge shotgun magazines

    1 Surefire GunMag magazine with 8 rounds of Winchester 12-gauge, 9-pellet buckshot

    2 AGP Arms 12-gauge shotgun magazines, taped together, each with 10 rounds of Winchester 9-pellet buckshot

    2 empty Ram Line magazines for Ruger 10-22

    1 AGP Arms Gen 2 12-gauge shotgun magazine with 10 rounds of Winchester 12-gauge, 9-pellet buckshot

    1 clear plastic Ramline magazine for an AR 15

    1 magazine with 10 rounds of .223 bullets

    Knives:

    Metal bayonet

    1 6-foot-10-inch wood-handled two-sided pole with a blade on one side and a spear on the other

    1 Samurai sword with a 28-inch blade and sheath

    1 Samurai sword with a 21-inch blade and a sheath

    1 Samurai sword with a 13-inch blade and sheath

    1 knife with a 12-inch blade and sheath

    1 wooden-handle knife with a 7.5-inch blade and sheath

    1 wooden-handle knife with a 10-inch blade

    1 knife with a 5.5-inch blade and sheath

    1 black-handled knife with a 7-inch blade and sheath

    1 black rubber-handled knife with 9.5-inch blade and sheath

    1 white and brown-handled knife with 5-inch blade and sheath

    1 brown wood-handled knife with a 10.25-inch blade

    1 Panther brown-handled folding knife with a 3.75 inch blade

    1 small blue folding knife

    Gear:

    1 Volcanic .22 starter pistol wth 5 live rounds and 1 expended round

    Leightning L3 ear protection

    Peltor ear plugs

    Simmons binoculars

    Uncle Mike's Sidekick nylon holster

    Box for vest accessories

    Leather dual magazine holder

    Black leather handgun holster

    High Sierra fanny pack

    Numerous paper targets

    1 cardboard targets

    1 Bushnell sport view rifle scope

    Plastic bag of miscellaneous parts

    Safariland holster paperwork

    Glock handgun manual

    MD-20 20-round shotgun magazine manual

    MD Arms V-Plug guide

    Bushmaster XM15 and C15 instruction manual

    Savage Arms bolt-action rifle manual

    Glock paperwork

    Miscellaneous:

    Adam Lanza's National Rifle Association certificate

    Nancy Lanza's NRA certificate

    Three photographs with images of what appears to be a deceased human covered with plastic and what appears to be blood

    Holiday card with a check from Nancy Lanza to Adam Lanza for purchase of C183 firearm

    1 digital print of a child and various firearms

    1 military-style uniform

    Handwritten notes with addresses of local gun shops

    Receipts and emails documenting firearm and ammunition supplies

    Blue folder labeled “guns” with receipts and paperwork

    Paperwork titled "Connecticut Gun Exchange Glock 20SF 10mm" dated 12-21-11

    Sandy Hook report card for Adam Lanza

    New York Times article on a 2008 shooting at Northern Illinois Unversity

    Books: “Look me in the Eye: My Life with Asperger’s;” “Born on a Blue Day: Inside the Mind of an Autistic Savant;” “NRA Guide to Basics of Pistol Shooting;” “Train Your Brain to Get Happy”

    1 Seagate Barracuda 500gb hard drive, damaged

    1 custom-built desktop computer, no hard drive

    1 Microsoft Xbox with partially obliterated serial number

    One cotton swab of blood-like substance

    1 tan sheet with blood-like substance

    1 tan fitted sheet with blood-like substance

    1 striped towel with blood-like substance

     

    Related: 

    Lanza fired 155 bullets in less than five minutes, prosecutor says

    Search warrants: Read them, search them

     

    This story was originally published on

  • Investigators: Adam Lanza surrounded by weapons at home; attack took less than 5 minutes

    Search warrants and other documents released by prosecutors show that shooter Adam Lanza fired 154 bullets from his rifle in less than five minutes. NBC News' Michael Isikoff has more.

    Adam Lanza left a home stuffed with weaponry and carried out the massacre at Sandy Hook Elementary School in a 154-bullet barrage that took less than five minutes, investigators said Thursday in the first detailed account of his surroundings and troubled state of mind.

    Search warrants from the second-worst school shooting in American history revealed that the home Lanza shared with his mother in Newtown, Conn., was a veritable arsenal: Authorities found at least nine knives, three Samurai swords, two rifles, 1,600 rounds of ammunition and a 7-foot, wood-handled pole with a blade on one side and a spear on the other.

    Authorities also recovered a certificate in Lanza’s name from the National Rifle Association, seven of his journals, drawings that he made and books from the house, including books on living with mental illness.


    The warrants offered a thorough look at the environment in which Lanza lived before he shot his mother, Nancy, to death and drove to Sandy Hook on the morning of Dec. 14. Twenty first-graders and six teachers and staff were killed before Lanza shot himself to death with the 155th bullet.

    An FBI report based on interviews with people who knew him said that Lanza rarely left home, considered himself a shut-in and was an avid gamer who played “Call of Duty,” a first-person shooter game. Lanza considered the elementary school his “life,” the papers said.

    Among other items seized from the home were a holiday card containing a check from his mother to buy a firearm, an article from The New York Times about a 2008 school shooting at Northern Illinois University and three photographs of what appeared to be a dead person covered with plastic and blood.

    List of Lanza's arsenal, item by item

    Read the warrants, search them

    The books included “Look Me in the Eye: My Life with Asperger’s” and “Born on a Blue Day: Inside the Mind of an Autistic Savant.”

    At the school, Lanza fired the 154 rounds from a Bushmaster .223-model rifle and the final bullet from a Glock 10mm handgun to take his own life, said Stephen Sedensky, the chief prosecutor investigating the shooting. Police recovered 10 30-round magazines for the Bushmaster that Lanza took to the school. Three of the magazines had a full 30 rounds still in them.

    Among school shootings in the United States, the death toll from Newtown is second only to the 32 people killed at Virginia Tech in 2007.

    The attack touched off a nationwide debate about gun control. The fate of proposed changes to national gun laws, including expanded background checks and limits on high-capacity magazines, remains unclear.

    President Barack Obama spoke Thursday at the White House to make the case again for tougher gun laws. He appeared with parents of Sandy Hook victims and of other gun crimes but did not specifically reference the newly released Newtown warrants.

    “The entire country was shocked,” the president said. “And the entire country pledged that we would do something about it and this time would be different. Shame on us if we’ve forgotten. I haven’t forgotten those kids. Shame on us if we’ve forgotten.”

    Connecticut Gov. Dannel Malloy, citing the warrants, also called for stricter gun laws.

    “We knew that these weapons were legally purchased under our current laws,” Malloy said. “I don’t know what more we can need to know before we take decisive action to prevent gun violence. The time to act is now.”

    The warrants spelled out a vast inventory of weapons and other gun paraphernalia recovered from the Lanza home.

    Among the items found were paper targets, gun manuals, earplugs, holsters, almost 40 types of ammunition, nine types of magazines, a bayonet, knives with blades as long as a foot and Samurai swords with blades as long as 2 feet 4 inches.

    Authorities also found a starter’s pistol, a BB gun, an NRA guide to pistol shooting and an NRA certificate in Nancy Lanza’s name.

    In a statement, the NRA said it had no record of a “member relationship” for the Lanzas, nor for someone with the same last name and their first initials.

    “Reporting to the contrary is reckless, false and defamatory,” the statement said.

    On Wednesday, a judge granted a request from prosecutors to withhold some information in the records, including a witness name, credit card information, telephone numbers and serial numbers.

    Besides the Bushmaster and the Glock, authorities found a Sig-Sauer 9mm semiautomatic pistol in the school. In the car outside, police found a shotgun.

    All those weapons were legally owned by the mother, authorities have said. Enough public blame and anger has been directed at her that she was left out of many of the memorials and shrines to the Newtown victims.

    There have been reports that Lanza was obsessed with other mass killers, including Anders Breivik, who killed 77 people in a shooting and bomb attack in Norway two years ago.

    A law enforcement official told NBC News last month that Lanza had collected material on previous mass shootings, although the source said there was no indication that it played a role in the school massacre.

    Police told NBC News in February that investigators were still a long way from determining Lanza’s motive. Police said then that they hoped to have a report on the shooting finished by June.

    Search warrants:

    Dec. 14 (first) | Dec. 14 (second) | Dec. 14 (third) | Dec. 15 | Dec. 16

    President Barack Obama delivers remarks Thursday at the White House regarding gun reform in America.

    This story was originally published on

  • Corporations, free-market nonprofits foot bills for judicial seminars

    Conservative foundations, multinational oil companies and a prescription drug maker were the most frequent sponsors of more than 100 expense-paid educational seminars attended by federal judges over a 4 1/2-year period, according to a Center for Public Integrity investigation.

    Among the seminar titles were “The Moral Foundations of Capitalism,” “Corporations and the Limits of Criminal Law” and “Terrorism, Climate & Central Planning: Challenges to Liberty & the Rule of Law.”


    Leading the list of sponsors of the 109 seminars identified by the center were the Charles G. Koch Charitable Foundation, The Searle Freedom Trust, ExxonMobil Corp., Shell Oil Co., pharmaceutical giant Pfizer Inc. and State Farm Insurance Cos. Each sponsored 54 seminars.


    Sponsors pick up the cost of judges’ expenses, which often include air fare, hotel stays and meals. The seminars in the Center’s investigation took place from July 2008 through 2012.

    While the sponsorships are generally not considered a direct corrupting influence, they are of concern to some legal ethicists who say they create, at the very least, an appearance of a conflict of interest.

    About 11 percent of the more than 1,700 federal judges in the United States reported attending one or more of the seminars over the period, according to disclosure forms reviewed by the Center.

    Roughly three-fourths of the more than 800 sponsors listed in documents were individuals, including a number of judges who took trips, raising the possibility that they may have fully or partially offset the cost of the seminars with their donations. Most of the remaining underwriters were companies and foundations.

    Determining exactly how much was paid by which sponsor is difficult — amounts are not required to be reported under the disclosure rules.

    Two schools — George Mason University, located in Virginia just outside Washington, D.C., and Northwestern University based in Evanston, Ill., — hosted more than two-thirds of the seminars.

    In 2011, for example, ExxonMobil reported giving $20,000 to George Mason specifically for its judicial training program. The oil company gave an additional $30,000 to the university’s Law & Economics Center, which hosts the conferences. Between 2003 and 2007, the ExxonMobil Foundation gave the think tank $150,000.

    Judicial conferences are billed as educational retreats intended to improve judges’ understanding of the law and economics.

    Many of the seminars are sponsored by organizations that back conservative and libertarian causes, especially those hosted by George Mason. But there are a few exceptions. A June 2010 conference titled “Int'l Human Rights and Humanitarian Law: Applications in Nat'l Jurisprudence,” for example, was co-sponsored by the Open Society Institute, a foundation founded by liberal investor George Soros, focused mainly on human rights law.

    (The Center for Public Integrity has received funding from Soros’ Open Society Foundations.)

    Charles Geyh, an Indiana University law professor who specializes in judicial ethics, is skeptical that rulings are directly influenced by corporate sponsorship of seminars, but noted, “In a cynic’s view that would smack of corruption.”

    “Even if it has no effect in terms of the decisions judges make, the perception of influence matters a great deal,” he says. “It looks as if (corporations) are buying influence, even if it’s not true.”

    The judges who participated in the most seminars, according to reports filed online by the judges, were U.S. District Judge Charles R. Wolle of the Southern District of Iowa and Chief Judge Thomas B. Bennett of the Northern District of Alabama Bankruptcy Court. Each reported attending nine seminars.

    Wolle is a “senior status” judge, meaning he is semi-retired. He did not respond to requests for comment.

    Bennett’s response is included below.

    The next-most-frequent participants were:

    • U.S. District Judge Manuel L. Real of the Central District of California and Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals 9th Circuit, covering the Western states, who each took eight trips;
    • E. Grady Jolly, a federal appeals court judge for the 5th Circuit, which includes Texas, Louisiana and Mississippi, and U.S. Bankruptcy Judge Michael B. Kaplan of the District of New Jersey, who each took six trips.

    In an email, Kaplan wrote that the “seminars offer a valuable opportunity for new judicial appointees to enhance their knowledge and skills in complex areas of the law,” including economics. O’Scannlain and Real declined to comment for this story. 

    Wolle, Real and O'Scannlain are all listed as seminar sponsors, though records do not indicate how much they contributed.

    In April 2009, Jolly traveled to Northwestern University to attend the “Criminalization of Corporate Conduct” seminar sponsored by the American Petroleum Institute, the U.S. Chamber of Commerce and 13 other funders.

    Last August, Jolly wrote the majority 2-1 opinion declaring that the Environmental Protection Agency broke the law when it rejected a Texas emissions cap generally supported by the fossil fuels industry.

    Jolly, who did not respond to requests for comment, sided with two of the petitioners in the suit — the American Petroleum Institute and the U.S. Chamber.

    George Mason University’s Law & Economics Center hosted 45 seminars while Northwestern University’s Judicial Education Program hosted 29. The remaining top five conference hosts, including The Sedona Conference and the Foundation for Research on Economics and the Environment (FREE), collectively organized 28 conferences.

    Billionaire brothers Charles and David Koch, major supporters of conservative causes, and their foundations have given millions to George Mason University. As the Center recently reported, the George Mason University Foundation received $4.4 million in 2011 from the Charles G. Koch Foundation, making up 15 percent of its revenue that year.

    Officials from the Charles G. Koch Charitable Foundation did not return phone calls seeking comment for this report.

    The Searle Freedom Trust, a foundation advocating “economic liberty” which regularly donates to conservative groups like the Cato Institute and the American Enterprise Institute, contributed a combined $400,000 to George Mason’s judicial education programs in 2010 and 2011.

    Seminars at Northwestern are hosted by the school’s Searle Center on Law, Regulation, and Economic Growth. The think tank, according to its website, was founded in 2006 thanks to a “generous grant” from Daniel C. Searle, the late pharmaceutical industry executive.

    In 2009, the Searle foundation gave $200,000 to Northwestern’s Searle Center for its judicial education program.

    Records show corporate sponsorship at Northwestern was highest from 2008 through 2010, when Henry Butler — now in charge of George Mason University’s Law & Economics Center — ran the Searle Center.

    Daniel Rodriguez, dean of Northwestern University’s School of Law, says corporate sponsorships at the school “ended the moment Butler left." Rodriguez says the school recently decided to terminate the programs. The dean says he's against corporate sponsorship of judicial seminars.

    “These programs should be free from any real or perceived conflict of interest,” he says.

    Butler, a prominent conservative, spoke at more judicial conferences than any other instructor, records show.

    He has taught judicial seminar courses with titles like “Economic Thinking” and “Economics of Insurance.” A former Republican candidate for Congress — he lost a 1992 bid — Butler was a “Koch Distinguished Professor of Law and Economics” at the University of Kansas.

    Butler declined to be interviewed for this story. Daniel Polsby, dean of the George Mason University School of Law, also declined to answer questions, but did say: “We're very proud of the activities and programs of the Law & Economics Center” via email.

    One frequent attendee of George Mason’s judicial seminars, Judge Bennett of Alabama bankruptcy court, told the Center “I’m not going to be snowed by anybody’s presentation.” He said he finds the seminars “infinitely invaluable.”

    “You can accumulate information much more quickly than if you sit in your office and read stuff,” he says.

    John Dunbar contributed to this report.

    The Center for Public Integrity is a nonprofit, independent investigative news outlet. To read more on this issue, please visit publicintegrity.org.

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  • Texas reviews school curriculum targeted by conservatives over alleged communist propaganda

    CSCOPE.us

    A social studies lesson synopsis from 2010 drew harsh criticism from parents and activists who said it labeled the Boston Tea Party a terrorist act. Program administrators said the lesson was outdated and had been withdrawn. Click the image for the full .pdf, which administrators posted as part of their response to the criticism.

    Texas authorities are beginning a sweeping review this week of the state's dominant public school curriculum under pressure from critics who charge that it indoctrinates the children of Texas with communist, pro-terrorist propaganda from behind a shield of secrecy.


    The State Board of Education will hold the first of a series of public meetings to organize the review in Dallas on Friday, three days after the state attorney general's office told NBC News that it has been looking into "potential improprieties" that raise "significant legal concerns about the program's operations."

    It didn't specify those concerns, but legislative hearings have questioned the program's nonprofit status and the locking of some materials behind passwords accessible only to teachers and other "authorized users."

    The designers of the curriculum — which is used in 875 of the state's 1,028 districts — say the program is closely aligned with standards mandated by the State Board of Education and is based on educational principles proven over decades. Critics, they say, are taking isolated parts of lessons out of context, equating simply teaching a controversial issue with endorsing it.


    Even so, the parent organization of the program, called CSCOPE, has agreed to several demands by opponents, including opening its board meetings to the public, allowing teachers to post curriculum materials online, dropping its nonprofit status and creating a new website so parents can learn about the lessons from home.

    CSCOPE — it's not an abbreviation for anything — is a Web-only repository of 1,600 lesson plans, study materials and other curriculum components. It's supposed to help teachers make sure pupils are taught what they need to know for the Texas Essential Knowledge and Skills test.

    "We live in a very mobile society," said Anne Poplin, chairwoman of the board of the Texas Education Service Center Curriculum Collaborative, or TESCCC, which administers CSCOPE.

    Watch the top videos on NBCNews.com

    CSCOPE means children who move from one school or district to another can be confident they'll pick up where they left off in their old classrooms, she told NBC News.

    But since it began in the 2006-07 school year, CSCOPE has been a target for activists and conservative websites. Pressure has grown in recent months as critics have published details of its lesson plans.

    "CSCOPE Teaches ALLAH is God" and "CSCOPE Promotes Communism," proclaim two of several dozen articles on Texas CSCOPE Review.

    Glenn Beck's TheBlaze has run at least five "exposés" this year with headlines like "CSCOPE: Exposing the Nation's Most Controversial Public School Curriculum System," while Tucker Carlson's Daily Caller last month ran a story listing "egregious examples of the curriculum's inadequacies and absurdities."

    'Design a flag for a new socialist nation'
    Critics fall into two camps.

    The first is teachers who say the curriculum is flawed in general and that their districts require them to rigidly follow the program, even though CSCOPE says it's meant to be revised and "refocused" to serve local needs. 

    As part of a transparency agreement it worked out last month with Dan Patrick, the Republican chairman of the state Senate Education Committee, TESCCC said it would remind districts that lessons are simply resources for teachers, not meant to be taught verbatim.

    The second group is larger and more vocal: parents, activists and lawmakers who say CSCOPE is a Trojan horse sneaking liberal ideals of socialism and cultural relativism into the classroom.

    Several examples have circulated around Texas in the past few months. One asks pupils to design a flag for a new socialist nation, using "symbolism to represent aspects of socialism/communism." Texas Conservative News called that an "attempt at secretly indoctrinating Texas children."

    Another unit depicts a hiker walking up a staircase of money. "Free enterprise (capitalism)" is the bottom step; "Communism" is at the top. Ginger Russell of the widely read blog Red Hot Conservative wrote that the graphic was "all about portraying communism in a positive light."

    Perhaps the most controversial lesson asks pupils to discuss this news report (PDF):

    A local militia, believed to be a terrorist organization, attacked the property of private citizens today at our nation's busiest port. Although no one was injured in the attack, a large quantity of merchandise, considered to be valuable to its owners and loathsome to the perpetrators, was destroyed. The terrorists, dressed in disguise and apparently intoxicated, were able to escape into the night with the help of local citizens who harbor these fugitives and conceal their identities from the authorities.

    Not until later, during a discussion period, do teachers reveal that the report describes the Boston Tea Party.

    "Like our Founding Fathers at Concord, that was pretty much the opening shot that started this," Patrick said.

    Critical thinking and perspective
    Poplin said lessons like those under scrutiny are meant to challenge students to critically examine the world from others' perspectives — not to adopt the beliefs the lessons describe. With the Boston Tea Party unit — which has since been removed as "outdated" — the point was to teach sophisticated thinking and the existence of multiple viewpoints, she said.

    "It might have been an act of terrorism in King George's mind, but it wasn't an act of terrorism in the minds of Americans," she said. "The lesson wasn't teaching the Boston Tea Party. The lesson was teaching perspective."

    Mason Moses, a spokesman for 20 regional public school agencies that created TESCCC, said: "Down here in Texas, we're pretty patriotic. There is absolutely no way we would ever teach" that the Boston Tea Party was an act of terrorism.

    That may be true, Patrick said, but "what all of this underscores is how our education system is changing rapidly because of technology."

    "In the old days, which weren't all that long ago, textbooks were reviewed by boards of education," he said, but "today, as we move to this online learning, there are no checks and balances."

    Keeping 'strategic decisions' private
    And that is a big part of the problem, critics say — CSCOPE has been secret, making it hard to get a clear picture of what it's really teaching. Before the transparency agreement, parents could see materials, but only by visiting their children's school; anyone else was barred unless they were cleared as an "authorized user."


    Poplin said CSCOPE was tailored for teachers, which means it includes performance assessments, tests and answers, which shouldn't get into students' hands. As part of the agreement with Patrick, TESCCC is removing that information and hopes to have the instructional material online by the middle of April, she said.

    More clarity could emerge from administrators' decision to relinquish nonprofit status.

    As recently as December, TESCCC asserted that some of its records should be exempt from disclosure under state open records laws, both because it's an independent nonprofit entity and because it competes with for-profit curriculum companies.

    In addition to proprietary business information like bidding data from vendors, the materials TESCCC wanted to keep private included "how strategic decisions are made with respect to the development of the CSCOPE product" itself.

    Poplin said TESCCC has begun discussions to dissolve the nonprofit corporation, and she said she was eager to hear from the State Board of Education. Because the state school board has no formal connection to CSCOPE, however, the coming review is non-binding.

    Patrick has an answer for that: His committee is holding a hearing next week on legislation that would give the school board oversight of CSCOPE.

    More stories from Open Channel:

    Search warrants in Newtown school massacre might reveal more on motive

    Syria's chaos complicates task for chemical weapons investigators

    Do child safety caps keep kids out of dangerous medications?

     

  • Tracking 'John Doe': Investigators hunt child pornography's Public Enemy No. 1

    View more videos at: http://nbcwashington.com.

    A suspect known only as "John Doe" is believed to have produced one of the most widely viewed series of child porn ever, but authorities have only one image of him.

    "Once that image is taken of the child and the abuse that's occurring, it's on the Internet forever,” Child Exploitation Investigation Unit Chief Patrick Redling said.

    Investigators with the Department of Homeland Security's Cyber Crimes Center have been after the man for more than a decade. The group based in Fairfax County works with global law enforcement allies to capture child predators anywhere.

    "You can't work this crime alone,” said Ian Quinn, head of the HIS Cyber Crimes Center. “You need your international pa


    rtners in order to even conduct these investigations.”

    Detectives navigate through chat rooms and websites where child pornography is traded and then use state-of-the-art technology to zero in on the smallest of clues.

    “We look for items, maybe it could be the plug on the wall that helps us identify that it's in North America,” Redling said.

    More news from NBCWashington.com

    In 2010, Homeland Security arrested 912 child predators. That increased to 1,335 in 2011 and 1,655 in 2012.

    Among several hundred arrests this year was Letha Mae Montemayor, who was arrested in California in January as part of Operation Sunflower. Detectives say she’s John Doe's counterpart.

    The arrest warrant for John Doe is out of California, but Investigators say he could be anywhere in the country or the world.

    Anyone with information about this case should call 866-347-2423 or visit www.ICE.gov/tips. Tips may be reported anonymously.

    Visit the Virtual Global Taskforce for more information about combating online child sexual abuse.

  • Search warrants in Newtown school massacre might reveal more on motive

    Lucas Jackson / Reuters file

    Nancy Lanza's home in Newtown, Conn., on Dec. 18.

    Search warrant documents in the Sandy Hook massacre are expected to be released early Thursday and could shed more light on gunman Adam Lanza’s state of mind and motive in carrying out the second-deadliest school shooting in U.S. history.


    The records were sealed in the immediate aftermath of Lanza’s Dec. 14 shooting rampage through the Newtown, Conn., elementary school, and Connecticut Superior Court Judge John F. Blawie extended the order for 90 days on Dec. 27 (here in .pdf). It covered the applications, affidavits and returns for five search warrants for the home in Sandy Hook where Lanza lived with his mother, Nancy, and for the black 2010 four-door Honda Civic sedan that he parked in front of Sandy Hook Elementary School.

    Rhonda Stearley-Hebert, communications manager for the Connecticut Judicial Branch, said Wednesday that the documents would be available Thursday morning. A statement from prosecutors working on the case also was expected to be made public.

    On Wednesday afternoon, Blawie granted a motion from the state's attorney to redact some information in the records, including a witness name, a credit card number, telephone numbers and several paragraphs of one item. Serial numbers for several unidentified items also will be redacted. The sealing orders will be lifted at midnight Wednesday, and the documents were to be released by email at 9:01 a.m. Thursday.


    Authorities say Lanza shot his 52-year-old mother to death at the home they shared on the morning of Dec. 14, then drove about five miles to the school, where he killed 20 first-graders and six teachers and staff members before fatally shooting himself. Two other teachers were wounded. The death toll is second only to the 32 killed in the 2007 Virginia Tech massacre among U.S. school shootings.

    Lanza, 20, used a Bushmaster .223-caliber XM15-E2S rifle with a 30-round magazine to shoot the victims at the school, authorities have said. In addition to the Bushmaster, authorities found a Glock 10mm semiautomatic pistol and a Sig-Sauer 9mm semiautomatic pistol in the school – one of which Lanza used to kill himself. In the Civic parked outside, police found an Izhmash Canta-12 12-gauge shotgun, which looks similar to a Kalashnikov rifle; it was not used at the school.

    All those weapons were legally owned by Nancy Lanza, authorities have said. There have been reports that several more guns were found in her home, though NBC News has not confirmed that.

    On Wednesday, the Lanza home looked untouched since the shooting -- a large Christmas wreath still at the door and holly wrapped in perfect form around the columns.

    Authorities have kept tight control over information in the case, including any evidence that might give clues to Adam Lanza’s motivation.

    Alaine Griffin and Josh Kovner from the Hartford Courant teamed up with PBS's "Frontline" for a special report on Adam Lanza, the Sandy Hook shooter. After finding news articles in his bedroom, they believe Lanza could have been inspired by the deadly Norway attacks, and they also note that his mom Nancy wanted him to be more independent.

    There have been reports that he was obsessed with mass killers, including Norway’s Anders Breivik, who killed 77 people in a shooting and bomb attack in 2011. A law enforcement official told NBC News last month that Lanza had collected material on previous mass shootings, although the source said there was no indication that it played a role in the school massacre. Some reports also have suggested that investigators believe violent video games might have helped propel Lanza to violence, though authorities have not confirmed that. Like many young adults, Lanza was known to play a variety of video games, some violent and some not.

    Connecticut State Police spokesman Lt. Paul Vance told NBC’S TODAY in February that investigators “are a long way” from determining Lanza’s motive. Vance said investigators hope to have their report on the shooting completed by early June.

    Access to information has become an issue with state lawmakers working on bipartisan gun-control legislation stemming from the massacre.

    Lawmakers complained last week after the New York Daily News reported that a state police commander had disclosed evidence about the case at a law enforcement seminar in New Orleans. State House Republican Rep. Larry Cafero said lawmakers should be getting more information for their deliberations, and in response, Gov. Dannel P. Malloy said the Office of the Chief State’s Attorney had agreed to release more information this week.

    Mark Dupuis, spokesman for the state Division of Criminal Justice, said Wednesday that the release would include the search warrant documents and a statement from prosecutors.

    Adam Joseph, communications director for the state Senate Democrats, told NBC News on Wednesday morning that lawmakers still did not have a final agreement on the legislation and were waiting to see the search warrants before scheduling a vote, which could come as early as next week.

    Brendan Smialowski / AFP - Getty Images

    A nation mourns after the second deadliest school shooting in U.S. history left 20 children and six staff members dead at Sandy Hook Elementary.

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  • Sandusky: Paterno would not have let me coach if he thought I was a pedophile

    In his first interview since going to prison in October, former Penn State assistant football coach Jerry Sandusky disputed the account of a key witness and said legendary coach Joe Paterno would never have let him coach if he thought Sandusky was a pedophile.

    “If he (Paterno) absolutely thought I was (a pedophile), I'd say no,’’ Sandusky said. “If he had a suspicion, I don't know the answer to that.”


    Filmmaker John Ziegler is working on a documentary called "Framing Paterno," a defense of the late coach, and conducted telephone interviews with Sandusky. Portions of those interviews were played exclusively on TODAY Monday. Sandusky was convicted on 45 counts of child sexual abuse and given 30 to 60 years of solitary confinement, the equivalent of a life sentence for the 69-year-old.

    "Jerry Sandusky already had his day in court," Ziegler told Matt Lauer Monday. "I'm trying to get Joe Paterno, effectively his day in court...I have no doubt that Jerry Sandusky was guilty of many of things, if not all the things, that he was accused of, but I do believe there were due process problems with the trial." Ziegler said he has 3 1/2 hours of interview material with Sandusky.

    The Paterno family attorney responded to Ziegler's interview, saying in a statement the family had "no role in obtaining or releasing this recording. Moreover, they believe that any attempt to use this recording as a defense of Joe Paterno is misguided and inappropriate."

    Statement by Paterno family attorney regarding Sandusky tape

    Former Penn State assistant coach Mike McQueary was a key witness in Sandusky’s trial. He testified before a grand jury that in 2001 he heard sounds of a sexual nature and then saw Sandusky with a 10-year-old boy in the shower of a campus locker room. Sandusky disputed McQueary’s version of what he witnessed in the locker room.

    TODAY

    Filmmaker John Ziegler discussed his interview with Matt Lauer Monday.

    “I don't understand how anybody would have walked into that locker room from where he was and heard sounds associated that was sex going on like he said that could've been,’’ Sandusky said. “I mean, that would have been the last thing I would have thought about. I would have thought maybe fooling around or something like that.  

    "I think there's a lot of things that transpired," Sandusky said of the process that convicted him. "I think these investigators, the way they went about business, his story changed a lot. I think he said some things and then it escalated on him even. There's a lot of suggestive questioning."

    "It depends on which version of Mike McQueary's testimony you believe," Ziegler said on TODAY. "I don't believe that Mike McQueary is lying, by the way. I think a large part of what's happened here is over 10 years your memory changes and then when a prosecution is desperate for a witness they might twist your arm a little bit. I think it's important to keep in mind that we didn't have as much information about Jerry Sandusky in 2001 as we do now."

    In a statement to NBC News, Penn State responded to TODAY's segment, saying "Jerry Sandusky's statements today continue to open wounds for his victims, and the victims of child sexual abuse everywhere. We have tremendous respect for the men who came forward to tell their stories publicly. Penn State continues to take important steps, including the training of over 11,000 employees and volunteers on how to recognize and report suspected child abuse."

    Attorneys for Victim 2, the victim from the shower episode, released a statement to NBC News, saying "Jerry Sandusky is a convicted child predator giving interviews from prison. Our clients, including Victim 2, have heard enough from Jerry Sandusky. They are focused on healing and holding Penn State accountable for choosing to protect Jerry Sandusky and themselves instead of protecting children from years of horrific sexual abuse."

    Lauer read the statement to Ziegler on air. "I do find it interesting that they don't say anything about what happened in the shower that night," Ziegler said. "I'm not saying he wasn't abused, I'm not saying he's lying. I'm saying he's telling the truth on Nov. 9, 2011 and that Joe Paterno was railroaded here."

    More: Sandusky attorney: 'Showering with kids doesn't make him guilty' 
    Jerry Sandusky to Bob Costas: 'I shouldn't have showered with those kids' 
    Ohio attorney general: Girls' threats against rape victim 'crossed the line' 

    This story was originally published on

  • Syria's chaos complicates task for chemical weapons investigators

    What should be the response if Syria deploys chemical weapons? Channel 4's Jonathan Miller reports.

    Prospects for a quick conclusion to a U.N. investigation of a possible chemical weapons attack in Syria will depend on cooperation from the warring parties and safety for investigators — problematic conditions in the chaos of the country's civil war, an expert on weapons control told NBC News on Thursday.


    Secretary-General Ban Ki-moon said Thursday that he had agreed to conduct an investigation of allegations of an attack in the northern city of Aleppo. The government and the opposition have accused each other of carrying out that attack on Tuesday.


    Ralf Trapp, a German who works on disarmament and non-proliferation issues, specializing on chemical and biological weapons, said the first job of an inspection team would be safely getting to and operating at the site. He said then -- if the Syrian parties cooperated and the inspectors felt safe — they would:

     

    • Interview victims and bystanders on what they felt, smelled, saw, etc.
    • Search for remnants of any weapons used. That is often difficult and unproductive, but the earlier one gets to the scene, the better.
    • Take samples at the site. Pieces of weapons are rarely found, Trapp said, but the chemical agent can be uncovered in soil, plants and, if in an urban environment, bricks and building materials. Beyond the agent, inspectors will look for chemicals left behind as the agents themselves deteriorate.
    • Conduct medical tests on the victims, including taking tissue samples, blood samples and, if the teams arrive quickly enough, urine samples. Samples in some cases can be analyzed on the scene, but if the inspections are delayed, there are labs in Europe and the U.S. that can find evidence in DNA and proteins.

    Trapp said a big question will be how soon the UN and the Organization for the Prohibition of Chemical Weapons – of which Trapp is a former official -- can get a team into Aleppo. He said the team would have to be large and varied, with security officers and medical officers as well as inspectors.

    But each day lost will influence the speed with which the investigation can be concluded, he said, because as more time elapses before biological sampling occurs, more sophisticated DNA and other toxicological testing is required. 

    With optimum cooperation and conditions on the ground, an investigation led by the OPCW could be under way in days, Trapp said. A determination, including the pinpointing of the agent, could be made within days after arrival, he said -- if there is good access to interviews and environmental and biological samples. He said his former organization has equipment at the ready and could move quickly.

    But if the inspection is conducted by the kind of UN group that investigated the allegations against Iraq after the 1991 Gulf War, with countries nominating experts and then gathering them, getting inspectors in could take weeks, he said. 

    Considering that Aleppo is a war zone, optimum conditions are unlikely.

    Trapp would not speculate on what agents were used, but he said that he has seen no reports of blistering, and without blistering, it is unlikely to have been mustard gas — although he said it’s possible that some victims might have only internal blistering.

    Evidence of a nerve gas attack, for example, would be found in corpses. Victims would show certain telltale signs, like tiny pupils, saliva around the noses and eyes. There might be evidence of convulsions.

    He did not dismiss the use of more common agents that are not on the proscribed list of chemical weapons. Victims said they smelled chlorine, and those felled in the attacks reported suffocating.  Chlorine, of course, is found throughout the industrial world and in large quantities can kill. Moreover, feelings of suffocation could be associated with a chlorine attack.

    The chemical has a long history of use. It was the first chemical used as a weapon in World War I by German troops against French and French colonial forces. There are reports that insurgents in Iraq used chlorine in huge quantities in their attacks.

    Similarly, tear gas, if used in large quantities in a confined space, can suffocate and kill.

    Trapp was careful to note that even though chlorine or tear gas are not listed as prohibited weapons on the Chemical Weapons Convention, each could be considered a chemical weapon if used as a "method of warfare" rather than as being used for law enforcement or crowd control. The convention bars the use of chemicals in general as a "method of warfare." 

    Related stories

    George Ourfalian / Reuters

    Residents and medics transport a Syrian Army soldier, injured in what they said was a chemical weapon attack near Aleppo, to a hospital on March 19. Syria's government and rebels accused each other of firing a rocket loaded with chemical agents outside the northern city of Aleppo on Tuesday.

  • Pentagon ponders Gitmo overhaul amid growing detainee unrest

    Chip Somodevilla / Getty Images file

    A U.S. Army guard stands ready in a "pod" inside the Camp 6 detention facility at the U.S. Naval Station Oct. 2, 2007 in Guantanamo Bay, Cuba. Modeled on maximum security prisons in the United States, Camp 5 and Camp 6 allow easier observation of detainees with fewer guards.

    The Pentagon is considering plans for a $150 million overhaul of the U.S. detention facility at Guantanamo Bay, Cuba -- including building a new dining hall, hospital and barracks for the guards -- as part of an ambitious project recommended by the top general in charge of its operations, officials tell NBC News.    

    The proposed spending spree comes amid mounting signs of unrest among Guantanamo detainees that lawyers say is threatening their  lives. U.S. military officials confirmed Wednesday that the number of hunger strikers at Guantanamo has more than tripled in the last two weeks -- from 7 to 25 -- and that eight of them are being force fed through tubes. Defense lawyers said in a letter to Congress this week they have gotten reports that “over two dozen men have lost consciousness.”

    The most expensive prison that the U.S. maintains, Guantanamo Bay, may get a $150 million overhaul while remaining detainees engage in a hunger strike. NBC National Investigative Correspondent Michael Isikoff reports.

    U.S. military officials denied any lives were in danger but acknowledged that resistance and frustration among the detainees is growing, a development that a senior general said is because they are “devastated” that President Barack Obama’s pledge to shut down the facility has not been fulfilled.

    “They had great optimism that Guantanamo would be closed,” said Gen. John Kelly, the commander of the U.S. Southern Command, when asked about the hunger strikes during testimony before the House Armed Services Committee. “They were devastated, apparently… when the president backed off -- at least their perception -- of closing the facility.


    “He said nothing about it in his inauguration speech,” Kelly continued, referring to President Obama. “He said nothing about it in his State of the Union speech. He has said nothing about it. He's not -- he's not restaffing the office that… looks at closing the facility.”

    White House officials say they remain committed to closing Guantanamo but have been blocked from doing so by Congress, leading officials to close the small State Department office charged with finding new homes for the detainees. At the same time, Kelly –- who took over as Southcom commander last year -- began laying the groundwork for a substantial overhaul of Guantanamo, testifying that many of the buildings there are “falling apart.”

    Brennan Linsley / AP file

    A Guantanamo detainee, center, is escorted by U.S. military personnel on the grounds of the detention facility at Guantanamo Bay US Naval Base, Cuba, in this May 15, 2007, file photo reviewed by U.S. Department of Defense Official.

    “Gitmo seems to be the one place they don’t care about spending money,” said David Remes, a defense lawyer who represents detainees, noting that the plans for the overhaul are moving forward even as the sequester is forcing costs and layoffs throughout the government.

    “They will spare no expense to keep these men there rather than bring them to the United States.”

    Guantanamo is already considered the country’s most expensive prison per capita by far, with an operating budget this year of nearly $177 million, which means that taxpayers are paying more than $1 million for the care and maintenance of the 166 detainees.

    But Lt. Cmdr. Ron Flanders, a spokesman for the Southern Command, told NBC News that Kelly has recommended substantial new spending that includes nearly $100 million slotted to build new barracks for the 848 guards stationed at the facility. The current guard barracks are plagued by mold, he said.

    In addition, Flanders said, Kelly has signed off on construction projects that include:

    - a new $12 million dining hall for the troops;

    - a new $11.2 million hospital and medical units for the detainees;

    - a $9.9 million “legal meeting complex” where lawyers can meet their detainee clients;

    - a $10.8 million “communications network facility” to store data, including computer records and tapes of interrogations, which has been required by a federal court order.

    All these projects have been signed off by Kelly in the last few months and been forwarded to the Pentagon, where they are being reviewed by budget officials in Secretary Chuck Hagel’s office, Flanders said.

    At the same time, Flanders said, the operations budget for Guantanamo has already increased substantially this year with the construction of a $40 million fiber optic cable being built from south Florida to the facility in Cuba. The cable is needed to improve Internet access, thereby allowing officials to have improved live video feeds of the military commission proceedings of the Sept. 11 hijackers.

    In his testimony, Kelly emphasized that the costs of running Guantanamo are substantially higher because of its remote location at a U.S. military base on the eastern tip of Cuba.

    “Everything that’s built down there is at least twice as expensive,” said Kelly. “So a ten-penny nail costs 20 cents. So, everything is more expensive. So we have to take care of the barracks. We have to replace the dining hall…It’s literally falling apart.

    “And there’s other projects…none of them have to do with creature comforts for the detainees. They’re already living humanely and comfortably, acknowledging the fact they’re in jail.”

  • Do child safety caps keep kids out of dangerous medications?

    A new study shows more children are being rushed to hospitals after accidental poisonings from common medications, leading to concern that child-resistant caps may not be so safe after all. NBC's Jeff Rossen investigates.

    A new warning about kids getting into your medication: A new study shows more children are being rushed to hospitals.

    That new study out Wednesday morning shows an alarming increase in kids being rushed to emergency rooms, poisoned by common medications we all have in our homes. We assume these caps are going to keep our kids safe. After all, you have to push down, and twist. You may think: "I'm an adult and even I have a hard time with these safety caps sometimes. So how could a little kid open it?"

    Even for preschoolers, it can be child's play.

    Watch the video report above or click here to read the rest of the story.

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  • Caught cheating: Colleges falsify admissions data for higher rankings

    Once a year, a line of briefcase-wielding accountants in business suits files into an office at Texas Christian University.

    They’re not there to check on income or expenditures. They’re auditing the admissions statistics.

    Texas Christian’s dean of admissions says it is the nation’s only university to voluntarily have its admissions data — the number of applicants and their SAT scores, class rank, grade-point averages, and other measures — audited for accuracy. It has done so for the last dozen years -- and not just for show.

    As consumers and the federal government push for greater transparency about such things as cost, average debt, and job-placement rates, major universities have been caught misrepresenting those and other numbers to improve the way they look to prospective students.

    “We on the inside have a pretty good idea of who is reporting accurately and who is not. And quite a few schools appear to be cooking the books,” said Texas Christian Dean of Admission Raymond Brown.


    That dirty little secret has started to slip out as competition intensifies to attract top students and scale the all-important college rankings. In an admissions battleground on which universities grapple for any advantage, rising by just one number in the U.S. News & World Report rankings leads to a nearly 1 percent increase in applications, a 2011 study at the Harvard Business School found.

    Falsified data

    In the past year alone, six top colleges and universities have admitted falsifying information sent to the U.S. Department of Education, their own accrediting agencies, and U.S. News, whose college rankings remain the nation’s most prominent. Another was caught the year before. For many of the schools, the misrepresentations had gone on for years.

    A senior administrator at Claremont McKenna College resigned after admitting that he falsified admissions test scores submitted to U.S. News and the U.S. Department of Education. For years Bucknell inflated the mean SAT scores of entering students by an average of 16 points, the university’s president has admitted. Tulane’s business school gave U.S. News false data about its number of applicants and inflated their average scores on admissions tests by 35 points.

    Emory University misreported student data to U.S. News and other organizations that rank universities and colleges, school officials said, providing the much-higher SAT averages of students who applied and were admitted, rather than those who enrolled. It also inflated entering students’ class ranks. Two former admissions deans and other administrators were aware of the practice, according to the university.

    Related story

    College students face another round of sticker shock

    George Washington University overstated the proportion of its entering freshmen who were in the top 10 percent of their high school classes. And the law school at the University of Illinois was caught providing inaccurate admissions information to the American Bar Association, or ABA, which accredits law schools; the same thing happened in 2011 at the Villanova University School of Law.

    Illinois’s law school was publicly censured and fined $250,000 by the ABA, and Villanova’s was placed on probation for two years.  Meanwhile, 15 other law schools have faced lawsuits for fraud, unfair competition, and false advertising for allegedly misreporting graduates’ job-placement rates by including part-time and temporary work and employment unrelated to law.

    “These educational institutions have lost the benefit of the doubt, and I think that’s sad,” says Kyle McEntee, co-founder and director of Law School Transparency, which pushes law schools to provide accurate admissions and job-placement statistics.

    Legal groups intervene

    So wide has the credibility gap become for law schools that the ABA and the Law School Admission Council responded this year by stepping in to check and certify law schools’ reported entrance-test scores and undergraduate grade-point averages.

    But students and their families applying to other kinds of colleges and universities will have to rely on internal whistle-blowers, who exposed all the other instances of falsifications over the last year. Except at Texas Christian, and, now law schools, admissions statistics are not independently audited or certified. And besides bad publicity, the only penalty has been that schools discovered by U.S. News to have misreported data are “unranked” until the accuracy of their information can be confirmed in the following year.

    Now the federal government has unveiled a new college-selection tool for families called the College Scorecard, lauded by President Barack Obama in his State of the Union address last month and launched the next day, which streamlines and expands information about cost, graduation rates, average debt of graduates, and loan-default rates in a centralized, searchable government website. In spite of its government cachet, that information, too, is provided directly by universities and colleges themselves, and is not certified or audited, and there’s no penalty for misreporting it, said Daren Briscoe, spokesman for the Education Department.

    “It is a voluntary reporting system, and like most voluntary reporting systems, it’s not penalty-driven,” said Briscoe, who adds that because the College Scorecard doesn’t rank competing schools, they shouldn’t have any incentive to fudge the numbers.

    “I suppose if you’re super cynical you can think that a school might be nefarious enough to pump up their data,” he said. “We’re not taking a position that this is a perfect system. There are always opportunities for us to look at how things are working or not.”

    Even if universities and colleges do correctly report the average loan debt of their students, there’s already a loophole in the College Scorecard they can take advantage of, university administrators say privately: It doesn’t require them to disclose the average debt of parents who also borrow to help their children pay tuition.

    A loss of 'reverence'

    The bottom line is that students and their parents should resist the inclination to blindly believe information provided by even well-regarded universities and colleges, said Jane Shaw, president of the John W. Pope Center for Higher Education Policy.
    “We do tend to revere professors and we revere the institutions where they teach, and I think that reverence is probably changing,” Shaw said.

    A spinoff of the private education company Hobsons cashes in on this growing mistrust by providing an alternative to college and university admissions statistics. Called Naviance, it collects information from high schools about the qualifications of students admitted to particular colleges, allowing other applicants to measure themselves against those standards rather than relying on the data that admissions offices provide.

    While Brown concedes that the number of universities and colleges caught misreporting data remains a tiny fraction of the total, he says the problem is considerably more widespread than that.

    “This is illustrative of a broader issue, which is the pressure that is on these admissions offices,” he said. “People talk about how college football coaches are under the gun constantly. They’re under no more pressure than an admissions officer.”

    This story was produced by The Hechinger Report, a nonprofit, nonpartisan education-news outlet based at Teachers College, Columbia University.

    Related stories from The Hechinger Report:

  • Connecticut computer glitch let drivers with suspended licenses keep on trucking

    View more videos at: http://nbcconnecticut.com.

    Trooper Joseph Smigel patrols Connecticut state roads every day. If he catches you speeding by, he'll pull out his ticket pad.

    Tens of thousands of state drivers who get a traffic ticket like the ones Trooper Smigel hands out choose to pay their violations online through the states E-pay program. But the Troubleshooters uncovered a flaw in the system. E-pay was introduced two years ago and since then we found over a thousand drivers who should have had their licenses suspended either did not, or were not required to take driver retraining classes to legally be on the road.

    "31,126 cases were not reported to the DMV,” said Stacey Manware, deputy director of Superior Court Operations for Connecticut’s court system.


    Because of a computer glitch, the state Judicial Branch wasn't telling the Department of Motor Vehicles when someone was convicted of a moving violation -- if they paid for it online. So that conviction never went on the driver's history.

    "Were drivers in Connecticut in danger because of this computer glitch?" asked our Troubleshooter.

    "There were people on the road that may have been suspended,” answered Manware.

    The state caught the problem last November after drivers who were expecting sanctions on their licenses started asking questions themselves. In January, the DMV mailed over 30,000 copies of three different letters to inform drivers that those old tickets were now catching up with them.

    It was not a big deal for most of the drivers. But 319 people got a letter informing them their license was finally being suspended -- two years late. And over 1,000 people got a letter telling them they have to take driver retraining classes or else face “suspension of your license.”

    "For two years we were not reporting cases to DMV,” said Manware.

    "And that's a violation of state statue?" asked our reporter.

    "That's correct,” answered Manware.

    Turns out in this case the very branch of state government that's supposed to uphold the law was actually violating state statute, since it is required to report these convictions to the DMV.

    “We wouldn't know unless they told us,” said DMV spokesman Bill Seymour.

    Seymour said that as soon as the agency learned of the problem, it took action by updating driver histories and informing the public. But the problem goes beyond the DMV.

    “Law enforcement checks our records,” said Seymour.

    That meant officers like Trooper Smigel who may have stopped one of these drivers in the last two years didn't have some of the information they rely on.

    "It's a system of checks and balances that we have in place with our agencies,” explained Lt. Paul Vance of the State Police.

    Judicial said it's fixed the problem, and the DMV said it has imposed the proper sanctions on any drivers who skated through on that computer glitch. Still, the question remains —how, for two years, no one noticed the E-pay system never worked the way it was intended -- allowing unsafe drivers to stay on the road right next to you and your family.

    “It was just something that happened,” said Manware.

    She said from now on, Judicial will check and recheck any new systems they introduce.

    Meantime, officials told us all of the unnoticed convictions were for moving violations like speeding and failure to stop at a stop sign.  Criminal matters like DUIs were not affected.

     

  • Waste, fraud and abuse commonplace in Iraq reconstruction effort

    Inspector General's report

    This bridge across the Tigris River was destroyed by U.S. and allied warplanes in 2003. Rebuilding it proved problematic -- and extremely expensive.

    After U.S. and allied warplanes destroyed a key bridge carrying 15 oil and gas pipelines in northern Iraq during the 2003 conflict there, officials in Washington and Baghdad made its postwar reconstruction a top priority. But instead of spending two months to rebuild the span over the Tigris River at an estimated cost of $5 million, they decided for security reasons to bury the pipelines beneath it, at an estimated cost more than five times greater.

    What ultimately happened there tells the story — in a microcosm — of a substantial chunk of the massive nine-year U.S. effort to reconstruct Iraq, the second-largest such endeavor in history (only the U.S. investment in Afghanistan has been larger).


    Studies conducted before the digging of the new pipelines started showed that the soil was too sandy, but neither the Army Corps of Engineers overseeing the effort nor the main contractor at the site, Kellogg Brown and Root (KBR), heeded the warning. As a result, “tens of millions of dollars (were) wasted on churning sand” without making any headway, as Special Inspector General for Iraq Reconstruction Stuart W. Bowen Jr., described it in his recently published final report on the U.S. occupation.


    By the time the digging effort was halted, and the old bridge and piping repaired — more than three years later — the bill had reached more than $100 million. “Because of the nature of the original contract, the government was unable to recover any of the money wasted on this project,” Bowen said. More than $1.5 billion in oil revenues may have been lost as a result of the delays. KBR did not respond to a request for comment.

    The episode is emblematic of the contracting abuses and mismanagement that wasted at least $8 billion of the $60 billion spent by Washington on Iraq’s postwar recovery, under the guidance of what Bowen describes in his report as “adhocracy” largely controlled by the U.S. military — a structure that never “coalesced into a coherent whole” and often failed to achieve its aims.

    March 19, 2003: NBC Nightly News special "Final Hours" before the Iraq War. NBC's Tom Brokaw, Brian Williams, Jim Miklaszewski, Chip Reid and Campbell Brown and ITV's Neil Connery report.

    With the U.S. military now gone from Iraq, and with the 10th anniversary of the invasion, Bowen’s retrospective summary of his audits offers useful insights into how well the U.S. government managed its occupation and the legacy it left behind. The mostly downbeat tone is set early, when the report summarizes final interviews Bowen conducted with 44 top U.S. and Iraq officials, who addressed the simple question of whether the decade-long project left Iraq in better shape.

    Most of the Americans he spoke to -- including appointees of Presidents George W. Bush and Barack Obama -- were rueful, noting multiple miscalculations, poor planning, disorganization in Washington, and inadequate consultation with Iraqis. James Jeffrey, the U.S. ambassador in Iraq from 2010 to 2012, told Bowen that “the U.S. reconstruction money used to build up Iraq was not effective. ... We didn’t get much in return.”

    Related: Iraq, 10 years on: Did invasion bring 'hope and progress' to millions as Bush vowed?

    Only retired Army Gen. David Petraeus, who commanded U.S. forces in Iraq before shifting to Afghanistan and then briefly directing the CIA, was ebullient, claiming the effort had brought “colossal benefits to Iraq.”

    Virtually every senior Iraqi, in sharp contrast, said the decade-long U.S. occupation was beset by huge misspending and waste, and had accomplished little. The biggest footprint Americans left behind, most of these Iraqi officials said, was more corruption and widespread money laundering. Such a huge investment “could have brought great change in Iraq,” Prime Minister Nuri al-Maliki said, but the gains were often “lost.”

    Billions here, billions there
    The bill for Iraq is hard to divide into neat categories, but in rough terms: Washington spent more than $15 billion to try and improve Iraq’s power and water supply, revive its schools and repair its roads and housing; it spent another $9 billion on health care, law enforcement, and humanitarian assistance; it spent $20 billion training and re-equipping Iraqi security forces; it spent roughly $8 billion to enhance the rule of law and battle narcotics; and it spent $5 billion helping to prop up the economy.

    Bowen’s interviews with influential Iraqis reveal, however, that they don’t seem to have noticed all this investment or don’t seem grateful. One reason might be that households — as recently as 2011 — still got an average of only 7.6 hours of electricity a day, and a sixth of Iraq’s citizens lacked access to potable drinking water for more than two hours a day.

    March 19, 2003: President George W. Bush addresses the nation from the Oval Office announces the that war against Iraq has begun.

    Both U.S. and Iraqi officials complained to Bowen that not enough was done during the occupation to stem corruption. An Iraqi government watchdog agency, the Board of Supreme Audit, noted last year that $800 million in profits from illicit activities was being transferred out of Iraq each week, effectively stripping $40 billion annually from the economy, according to Bowen’s report.

    There are exceptions to the tales of fraud and waste. A State Department-funded childhood vaccination program helped cut the national infant mortality rate by nearly three-quarters. The Baghdad rail station was repaired on time and under budget. And telecommunications repairs have enabled mobile phone use to climb from 80,000 to 23 million subscribers.

    But U.S. dreams of fostering a thriving, Western-style economy in the Middle East have not been realized. Almost all of Iraq’s gains have come from oil production, which is now roughly a third greater than it was in 2003. The oil industry is not a big employer, however, and “Iraq is still far from having a vibrant, market-based private sector,” Bowen reports.

    Moreover, its military still “lacks critical capabilities in logistics, intelligence,” and repair, Bowen’s report states. It cannot defend its airspace or its coastline, and is weak in counterterrorism.

    Parceling blame
    Bowen’s report indirectly assigns blame for mismanaging the endeavor to the Bush White House, which had the authority to force U.S. government agencies to coordinate their work but failed to exercise it. Instead, he points out, no single office was assigned to lead the effort, making "stovepiping" — a myriad of narrowly focused efforts — “the apt descriptor,” the report said.

    But the largest responsibility for the failures lies generally at the Pentagon and particularly in the Army, according to the report. The Defense Department “held decisive sway over $45 billion (87 percent) of the roughly $52 billion allocated to the major rebuilding funds that supported Iraq’s reconstruction.”

    March 20, 2003: On a special edition of TODAY, NBC's Katie Couric, Matt Lauer, Jim Miklaszewski and Kerry Sanders report on the first day of the Iraq War.

    The agencies formally charged with dispensing foreign aid — the State Department and the Agency for International Development — played only a minor role in these accounting shortfalls, because they spent less than a fifth of the reconstruction funds. “State’s role in managing the reconstruction … ebbed and flowed in cycles driven by the personalities involved, with State frequently on the losing end of arguments,” Bowen reports.

    It was the Pentagon that failed to plan “for a lengthy occupation or a large relief and reconstruction program,” Bowen noted, under the tutelage of a defense secretary — Donald Rumsfeld — who famously said, “If you think we’re going to spend a billion dollars of our money over there, you are sadly mistaken.”

    Rumsfeld, the secretary of defense from 2001 to 2006, defended the war itself in a 2011 memoir, saying that its central element -- Saddam Hussein's removal -- made the Middle East a safer region. But he blamed other officials for many of the problems, saying that military officials did not request more troops and that civilian managers of the occupation stoked Iraqi nationalism by not giving local citizens enough power.

    The Joint Chiefs of Staff, in a report last June on "lessons learned" in Iraq, acknowledged that "operations during the first half of the decade were often marked by numerous missteps and challenges as the U.S. government and military applied a strategy and force suited for a different threat and environment." But it said the military adapted its work and had more success in the second half of the decade. 

    March 20, 1993: NBC News Special on the first coalition casualties and the first day of the war in Iraq reported by Tom Brokaw, Dennis Murphy and David Bloom.

    Other defense officials have acknowledged that a substantial chunk of the Pentagon’s spending in Iraq went to repair the looting and other damage done by Iraqis in the immediate period after the war ended, when U.S. troops were not tasked with keeping order. They also have confirmed that billions of dollars were diverted from civil reconstruction to security efforts after the military abuses at Abu Ghraib prison helped stoke widespread hostility to the U.S. occupation.

    It was the Pentagon that opened a contracting office in Baghdad that Bowen said was chronically understaffed — despite the Defense Department's peak presence in Iraq of more than 170,000 personnel. The office nonetheless shoveled money out the door at such a high rate and with so little accountability that by 2005, the U.S. embassy there was incapable of matching “projects with the contracts that funded them,” according to Bowen’s report.

    Average U.S. expenditures for Iraqi reconstruction in 2005, for example, were more than $25 million a day. When Bowen’s auditors went looking for documents supporting billions of dollars of fund transfers to the Iraqi government in that period, they discovered the paperwork was “largely missing.”

    Pentagon-funded fuel purchases were particularly problematic: When Bowen’s office asked to see a log book documenting $1.3 billion in fuel purchases by the Coalition Provisional Authority, “the log book could not be found.” Defense officials also could not produce documents supporting their expenditure of over $100 million in cash found in a vault at the Republican Palace, the gilded Hussein mansion that became a headquarters of the occupation.

    The pain of the burning and the screams of his family are the memories Ali Abbas carries from the Iraq War. Then, as a 12-year-old boy injured by the U.S. missile that killed his family, Ali's plight moved the world. ITV's Paul Davies reports. 

    In the crisis atmosphere pervading the reconstruction effort for most of the decade, Pentagon contracts were often open-ended, with vague demands and no precise deadlines. Although the contracts had provisions allowing their conversion to fixed-price awards after some of the work was completed, “the government failed to exercise these options,” Bowen’s report said.

    A special system of urgent payments by military commanders — created to tamp down the Iraqi insurgency and known as the Commander’s Emergency Response Program — dispensed $4 billion without any formal oversight. Military officials say it worked well, at least at the outset, but no Defense Department office assembled a comprehensive picture of how the money was spent. As a result, Bowen calls the claims of success “suspect.”

    Overcharging
    Weak oversight predictably led to rampant overcharging. A firm based in Dubai managed to keep around $4 billion in Pentagon construction contracts, for example, despite routinely marking up the price of switches and plumbing parts between 3,000 and 12,000 percent, according to an audit Bowen conducted in 2011. Kellogg Brown and Root was among a handful of large contractors that kept winning U.S. funds, despite repeated claims by the Pentagon and others of overcharging by the firm and its subcontractors. The firm has said it conducted its work with “integrity, transparency, accountability, and discipline.”

    Some military officers and civilian defense officials participated in the looting. A probe by Bowen’s office of the American official overseeing early reconstruction in Hilla, for example, yielded evidence of widespread bribes, bid-rigging, money laundering, kickbacks and illegal gifts in a scheme that included four colonels, who all got prison terms. An Army major who was the main contracting official at a base in Kuwait oversaw fraud in the purchase of bottled water and warehouse construction that involved 21 others.

    This week marks the 10th anniversary of the start of the Iraq War. ITV's John Irvine in Baghdad assesses a country that remains gripped by the violence of its sectarian divide.

    Perhaps Bowen’s most depressing conclusion is that the U.S. government is no better prepared for reconstruction work in other countries than it was in 2002. No single government office has responsibility for such operations, he notes, and no tracking system has been established to help oversee related contracting.

    Bowen recommends that the Obama administration create a new U.S. office for “contingency operations,” and even includes draft legislation on it in his report. But in an austere fiscal climate, and with Obama’s team set against future military occupations, hopes for reform appear scant.

    Clearly a number of lawmakers "have signed on to this solution," said Bowen's deputy Glenn D. Furbish, a top auditor in SIGIR for the past eight years. "Hopefully, we will not get into these things again ... [and] I hope people pay attention to what he has to say ... But it is questionable whether these [reforms] are going to go forward. Given the current political environment, I am not particularly optimistic."

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  • Cyberattack on Florida election is first known case in US, experts say

    Internet security experts are keeping a close eye on a case in Miami that may be the first of its kind --an attempt to fraudulently obtain absentee election ballots online. Correspondent Mark Potter reports this is being seen as a wake up call to the risks involved in voting on line

    An attempt to illegally obtain absentee ballots in Florida last year is the first known case in the U.S. of a cyberattack against an online election system, according to computer scientists and lawyers working to safeguard voting security.

    The case involved more than 2,500 “phantom requests” for absentee ballots, apparently sent to the Miami-Dade County elections website using a computer program, according to a grand jury report on problems in the Aug. 14 primary election. It is not clear whether the bogus requests were an attempt to influence a specific race, test the system or simply interfere with the voting. Because of the enormous number of requests – and the fact that most were sent from a small number of computer IP addresses in Ireland, England, India and other overseas locations – software used by the county flagged them and elections workers rejected them.

    Computer experts say the case exposes the danger of putting states’ voting systems online – whether that’s allowing voters to register or actually vote.


    “It’s the first documented attack I know of on an online U.S. election-related system that’s not (involving) a mock election,” said David Jefferson, a computer scientist at Lawrence Livermore National Laboratory who is on the board of directors of the Verified Voting Foundation and the California Voter Foundation.

    Other experts contacted by NBC News agreed that the attempt to obtain the ballots is the first known case of a cyberattack on voting, though they noted that there are so many local elections systems in use that it's possible that a similar attempt has gone unnoticed.

    There have been allegations of election system hacking before in the U.S., but investigations of irregularities have found only software glitches, voting machine failures, voter error or inconclusive evidence. Where there has been evidence of a computer security breach -- such as a 2006 incident in Sarasota, Fla., in which  a computer worm that had been around for years raised havoc with the county elections voter database -- it was unclear whether the worm's appearance was timed to interfere with the election.

    In any case, experts say they’ve been warning about this sort of attack for years.

    Tim Chapman / Miami Herald

    About 2,000 rejected absentee ballots at Miami-Dade Elections Department, mostly for lack of signatures or review of signatures from the last election.

    “This has been in the cards, it’s been foreseeable,” said law Professor Candice Hoke, founding director of the Center for Election Integrity at Cleveland State University.

    The primary election in Miami-Dade County in August 2012 involved state and local races along with U.S. Senate and congressional contests (see a sample ballot here). The Miami Herald, which first reported the irregularities, said the fraudulent requests for ballots targeted Democratic voters in the 26th Congressional District and Republicans in Florida House districts 103 and 112. None of the races’ outcomes could have been altered by that number of phantom ballots, the Herald said.

    Overseas “anonymizers” -- proxy servers that make Internet activity untraceable -- kept the originating computers’ location secret and prevented law enforcement from figuring out who was responsible, according to the grand jury report, issued in December. The state attorney’s office closed the case in January without being able to identify a suspect.

    Read the Miami-Dade County grand jury report (PDF)

    Then came the Herald report, which said that three IP addresses in the United States had been identified among those sending the requests and that there had been a delay in getting that information to investigators, which a Miami-Dade elections official confirmed to NBC News. Terry Chavez, spokeswoman for the state attorney’s office for Miami-Dade County, also confirmed to NBC News that the investigation was reopened to look into those IP addresses. Chavez said she could release no details on the investigation.

    Rep. Joe Garcia won the Democratic primary in the 26th District and went on to win the general election. Jeff Garcia, his chief of staff and no relation, said last week that no state or federal investigators had contacted the congressman's office about the case.


    State Rep. Jose Javier Rodriguez, a Democrat who won the District 112 seat, said Thursday that his office had not heard from investigators about the case either. A message left at the legislative office of state Rep. Manny Diaz Jr., the Republican who won the primary and the general election in District 103, was not immediately returned.

    The Herald report said that as the requests began coming in, elections officials figured out that they were improper and started blocking the IP addresses. “I guess they finally gave up,” the newspaper quoted Bob Vinock, an assistant deputy elections supervisor for information systems, as saying. 

    People who study election security say the fact that this attempt did not succeed should be of little comfort to election officials. They warn that attempts to attack voting systems are likely to increase.

    “In this case the attack was not as sophisticated as it could have been, and it was easy for elections officials to spot and turn back,” said J. Alex Halderman, an assistant professor of computer science and engineering at the University of Michigan who studies the security of electronic voting. “An attack somewhat more sophisticated than the one in Florida, completely within the norm for computer fraud these days, would likely be able to circumvent the checks.”

    Fraudulently obtaining absentee ballots is just one way elections might be subverted by digital means, experts say. Among the other methods and attack points:

    •  Malware. Rogue software infects millions of home computers across the country. Jefferson said hackers could use malware to change votes or prevent them from being cast in an online election.
    • Denial of service attacks. Jefferson said that hackers could use botnets to prevent election-system servers from working for hours, or perhaps longer. In fact, during an election in June 2012, a DOS attack hit the San Diego County Registrar of Voters' website, preventing voters from tracking the results.
    • “Spoofing” of election websites. For example, Hoke said, legitimate requests for absentee ballots could be misdirected to another site. The data then could be misused, or the requests could hit a dead end, and voters would be left wondering where their ballots were.
    • Exploiting software flaws in digital voting machines, known as DREs. The flaws could allow insertion of viruses or alteration of programming code that would change votes or delete them. (Read one description of hacking a voting machine.)
    • Tampering with email return of marked ballots. Experts say email return is troublesome because of the multiple points for attack along the ballots’ electronic path. “The overwhelming consensus of the computer science community is don’t do it, it’s a bad idea,” said Jeremy Epstein, a senior computer scientist at SRI International. But in about half the states, email absentee ballot return is an option for members of the military and their families, along with some other U.S. citizens living overseas.
    • Wholesale hijacking of an online voting system. In 2010, the District of Columbia Board of Elections and Ethics tested an Internet-based voting system for a week, asking computer experts to probe it for flaws. It took only 48 hours for a team led by Halderman to break in and take control of the site – even altering it so that the University of Michigan fight song played after a vote was cast.

    Read the University of Michigan researchers’ report on the DC hack (PDF)

    In terms of illegally getting access to absentee ballots, Epstein said, the attacker or attackers who failed in Florida might have had an easier time with Washington state and Maryland.

    He said that last summer he demonstrated to the FBI a method of changing individual voters’ addresses and other information online in those two states by predicting their driver’s license numbers.

    J Pat Carter / AP file

    Absentee ballots for the general election marked for delivery to the U.S. Postal Service for mailing are seen at the Miami-Dade County election center in Doral, Fla., on Oct. 5.

    First he used publicly available information to gain a voter’s full name and address. Then, he predicted the individual’s driver’s license number – which is based on a combination of the person’s name and numbers and letters -- and used the information to access their voter registration online. From there, he said, he could have changed their addresses and had absentee ballots sent out.

    “Imagine if (attackers) changed the address for 2,500 votes. It could be completely automated, and they have the ballots sent to a post office box or whatever,” Epstein said. “Then the registered voters would have no idea until they tried to vote.”

    In October, Halderman and other researchers sent letters warning elections officials in both states of the danger of staking system security on driver’s license numbers.

    The letter to Washington officials (read it here in PDF) also said that other security features in the state’s MyVote system would be only a speed bump to a dedicated hacker.

    “Although the MyVote system uses a CAPTCHA, an image of distorted text intended to deter simple automated attacks, this provides only minimal defense,” the letter says. “Attackers can use commercial services to defeat the CAPTCHA at a cost of less than $0.001 per voter.”

    Shane Hamlin, assistant director of elections in the Washington Secretary of State's Office, told NBC News that state election officials have acted on the recommendations in the October letter and will require additional information to register to vote or change registration online.

    Maryland election officials did not immediately return a call from NBC News seeking comment, but the Washington Post reported last month that Ross K. Goldstein, deputy administrator of the Maryland State Board of Elections, acknowledged the security hole and said the online voter registration system was being updated to address the issue.

    “I believe technology can solve problems, and there are steps that we definitely can, and plan to, take to mitigate the risks,” the newspaper quoted him as saying.

    While elections officials are attracted to the savings that online voting and registration systems promise, the cost of guarding online registration and voting systems is large, Hoke said. And that might negate the financial advantage of online balloting touted by some elections officials and vendors who want to sell electronic voting products.

    “It’s cheap, if you don’t care whether elections are stolen,” she said.

    That possibility -- of an election being stolen through digital means -- haunts researchers. For Jefferson, it’s a matter of national security.

    “The legitimacy of government depends on it being impossible for single parties to change the results of elections,” he said.

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  • ACLU beats CIA -- a little -- in court battle over drone documents

    U.S. Air Force handout

    An image from the U.S. Air Force shows a MQ-1 Predator unmanned aircraft.

    A federal court of appeals handed a victory -- although a very limited one -- to the ACLU on Friday in the civil rights group's effort to use the Freedom of Information Act to get documents from the CIA about US drone strikes overseas.


    A three-judge panel of the DC Court of Appeals ruled unanimously that the CIA cannot simply refuse to respond by saying that it cannot confirm or deny the existence of any records. That position, the court said, has been completely undercut by public statements about the drone program made by President Barack Obama, CIA Director Leon Panetta and White House counterterrorism adviser John Brennan.

    "Given these official acknowledgments that the United States has participated in drone strikes, it is neither logical nor plausible for the CIA to maintain that it would reveal anything not already in the public domain to say that the Agency 'at least has an intelligence interest' in such strikes," the court said.


    Those statements, the court said, make it "implausible that the CIA does not possess a single document on the subject of drone strikes."

    But Friday's court victory does not hand the ACLU the key to the documents.

    The court sent the case back to a federal judge to decide whether the CIA can still argue that actually handing over any documents it has would damage national security. In fact, Friday's decision even holds out the possibility that the CIA may not have to be very explicit at all in saying what documents it has and why it wants to withhold them. 

    The ACLU filed a Freedom of Information Act request with the CIA three years ago, seeking records pertaining to the use of drones by the CIA or the armed forces for targeted killings overseas.  When the agency failed to respond in time, the ACLU went to court.  A federal judge accepted the CIA’s argument that even answering the question of whether it had any drone records would raise national security problems.  That ruling was reversed by the appeals court. 

    Jameel Jaffer, the ACLU lawyer who handles the case, called Friday's decision an important ruling.

    “It requires the government to retire the absurd claim that the CIA's interest in the targeted killing program is a secret, and it will make it more difficult for the government to deflect questions about the program's scope and legal basis. It also means that the CIA will have to explain what records it is withholding, and on what grounds it is withholding them," he said.

     

     

  • US, Iran secretly discussed swap of al Qaeda detainees for Iranian dissidents

    Handout via Reuters file

    The arrest of Suleiman Abu Ghaith, Osama bin Laden's son-in-law, has focused new attention on secret talks in 2002-03 between the U.S. and Iran in which a swap of al Qaeda members detained by Tehran for Iranian dissidents under U.S. control was discussed.

    The arrest of Suleiman Abu Ghaith, Osama bin Laden’s son-in-law, has led to a fresh examination of a little-known chapter in George W. Bush’s “War on Terror’ -- secret talks between U.S. and Iranian officials in 2002 and 2003 aimed at working out an exchange of al Qaeda leaders detained in Iran for Iranian dissidents under U.S. control in Iraq.


    The proposed deal fell apart when Washington balked at sending the Iranian dissidents -- members of the People's Mujahedin of Iran, best known by the acronym MEK -- to what they believed would be certain death at the hands of Iranian authorities, current and former U.S. and Iranian officials told NBC News.

    Ghaith, who is being held in a New York jail cell after spending a decade in Iran among the al Qaeda group, pleaded not guilty last week to charges of conspiring to kill Americans.


    Ghaith has provided an account of his travels to U.S. law enforcement officials, included in a 22-page statement that has yet to be released. He was arrested in Turkey after leaving Iran, transferred to U.S. custody in Jordan and then flown to New York, according to U.S. officials, who spoke with NBC News on condition of anonymity.

     

     

    The U.S. has never had a clear idea of the conditions under which members of al Qaeda’s “management council” were held in Iran, but one former U.S. official, also speaking on condition of anonymity, said last week that they were hidden "in the blackest of the black boxes" inside Iran's intelligence apparatus. Iranian officials have told NBC News the al Qaeda officials were "in jail" in the Islamic Republic.

    While U.S. officials believe the al Qaeda leaders were initially allowed to contact other members of the terrorist organization as they continued to plot attacks against the U.S. and its allies, Alireza Miryousefi, spokesman at the Iranian mission to the United Nations, said that was never the case.

    “Our position about al Qaeda is clear," he said Thursday. "Iran has never permitted al Qaeda to have any activity or operation from or inside Iran.” 

    The al Qaeda leaders detained after fleeing Afghanistan as the Taliban regime collapsed at the end of 2001 also had family members and bodyguards with them, bringing the total number in the group into the hundreds.

    Among the terror group’s leaders taken into custody were Ghaith, Saif al Adel, al Qaeda’s military leader, Saad bin Laden, the deceased son of the late al Qaeda leader, and liaisons with other Sunni terrorist groups, including Chechen rebels in Russia.

    U.S. and Iranian officials say that the group -- armed "with a ton of cash," as one U.S. official put it -- bribed their way across the Iran-Afghanistan border and hoped that Iran would treat them as "the enemy of my enemy," as another former U.S. official said.  But they were rounded up not long after their arrival.

    The former U.S. officials say the CIA did not learn of the group's presence in Iran until the middle of 2002, at which point the U.S. used back-channel communications to arrange secret talks with representatives of Iran. This was months after President George W. Bush, in his State of the Union address, described Iran as part of an "axis of evil" – along with Saddam Hussein's Iraq and Kim Jong Il's North Korea – presenting a "grave and growing danger" to the U.S.

    The talks have been reported before, though previous accounts received little media attention.

    In a passage in his memoir, "At the Center of the Storm," then-CIA Director George Tenet, wrote, "In mid-2002 we learned that portions of al Qaeda’s leadership structure had relocated to Iran. This became much more problematic, leading to overtures to Iran and eventually face-to-face discussions with Iranian officials in December 2002 and early 2003. Ultimately, the al Qaeda leaders in Iran were placed under some form of house arrest, although the Iranians refused to deport them to their countries of origin, as we had requested." 

    Tenet didn't detail what went on during the discussions, but in another passage said that at the same time the U.S. was meeting with Iranian officials, the CIA learned that the al Qaeda group was not only communicating with Saudi-based leaders of the terrorist group on operational matters, but also trying to obtain nuclear weapons. 

    Related: Abu Ghaith trial may illuminate Iran's treatment of al Qaeda leaders it detained

    A senior Iranian official, U.N. Ambassador Javad Zarif, also told NBC News and others in 2007 about the discussions with U.S. officials.

    In the 2006 book, "Losing Iraq: Inside the Post-War Reconstruction Fiasco," Columbia University Professor David L. Phillips quoted Zarif as saying Iran was reluctant to turn over the al Qaeda officials to the U.S. or other governments, as the US requested, until and unless the U.S. repatriated high-ranking officials of the MEK -- an acronym derived from the group’s Farsi name, Mojahedin-e-Khalq.

    The MEK opposed the Iranian regime and was housed, trained and armed by Saddam Hussein during the Iran-Iraq War. After the U.S. defeated Iraq in April 2003, the MEK came under U.S. control.

    While confirming that the U.S. and Iran discussed trading the MEK leaders for the al Qaeda group, two former U.S. officials told NBC News that the proposal came from the Iranian side and was essentially a non-starter.  

    "The Iranians told us, 'We will only talk if you do something about MEK,' the most preferred option was giving them up," said one senior intelligence official at the time. "But someone would have to be a really bad person for us to turn him over to Iran. We could have done something to rein them in, yeah, but as bad as the agency thought these guys (the MEK) were, and we did, it would have been a Draconian step ... and we weren't prepared to do that."

    Brennan Linsley / AP file

    A member of the People's Mujahedin of Iran, an Iranian opposition group in Iraq better known as the MEK, guards the road leading to its main training camp near Baqubah, Iraq, in this May 9, 2003, file photo.

    That wasn't the only reason for the Bush administration's reluctance, said the former official.

    "There were interests in the Pentagon, (neo-conservative members of the Bush administration) who thought the MEK could be the vehicle that would overthrow the government of Iran," the former official said, adding sarcastically, "the same way they had such great success with Ahmad Chalabi in Iraq." 

    Over CIA objections, Pentagon officials had fostered a relationship with Chalabi in hopes that he could establish himself as a leader of Iraqi dissidents in post-Saddam Iraq . Chalabi, however, was unable to deliver on his promises to unite the many dissident factions.

    At the same time, Iran had its own reasons for holding onto the al Qaeda members, according to one U.S. counterterrorism official. Many in U.S. intelligence believe that Iran wanted to keep them as bargaining chips -- and not just with the U.S. They were in effect hostages. If al Qaeda or allied Sunni terrorist groups carried out attacks in Iran, as had occurred in the 1990s, the group could face harm. 

    Whatever chance the talks had of succeeding ended in May 2003. Just days after Zarif met with Zalmay Khalilzad, then the Bush administration's special envoy to Afghanistan, al Qaeda attacked a residential compound in Riyadh, Saudi Arabia, killing 31 people, including nine Americans, according to the former U.S. officials. It was the largest number of U.S citizens killed by al Qaeda since the 9-11 attacks.

    After the Riyadh attack, U.S. Secretary of Defense Donald Rumsfeld said the U.S. had intercepted phone conversations implicating al Qaeda members in Iran in the bombings. The CIA was uncertain how much the Iranian government knew about the planning for the attack, but as one former U.S. official said, "It was hard for us to believe that a government as controlling as Iran didn't know" what was happening "in their country when we knew what was going on in their country. It was an article of faith."

    At that point, the former official said, the Bush administration shut down communications with Iran and encouraged the Saudis to tell the Iranian government that it would not tolerate any further attacks, noting that U.S. officials also suspected Iran played a role in the 1996 bombing of the Khobar Towers, an American military residence outside Dhahran, Saudi Arabia. That attack killed 19 U.S. servicemen.

    "The Saudis were encouraged to confront Iran," said the official. "We also pointed out that al Qaeda's long-term goal was to decapitate the Saudi regime. We reminded them of that."

    A national security official within the Bush administration said the U.S. believed that following the protest, Iran did put additional restrictions on the al Qaeda officials. The former U.S. official said that during the latter half of the 2000s, no operational communications were detected between the al Qaeda leaders in Iran and what is known in the intelligence community as "al Qaeda Central" – bin Laden and his then-deputy and current al Qaeda leader Ayman al-Zawahri.

    "Every once in a while, we would intercept non-operational communications from them to relatives back home. That was it," said one former high-ranking U.S. official.

    Why has Abu Ghaith been released, or as one current U.S. official reported, "expelled" from Iran? Little is known publicly, but one of the former U.S. officials speculates that with bin Laden dead and al Qaeda Central operations near moribund, he and the other members of the “management council” have little value as leverage or as hostages. 

    Abu Ghaith is unlikely to have any operational information because he has been in Iran for so long.  Now, the current and former U.S. officials say, his intelligence value may be more about his captivity in Iran and whether he was released or escaped.

    Abu Ghaith will be back in court early next month for a preliminary hearing, at which point a trial date will be set. At that point, either the prosecution or defense is likely to reveal a bit more about what is one of the last remaining mysteries of the 9-11 aftermath.

    Where are they now?
    The U.S. is uncertain as to the whereabouts of many of the other al Qaeda leaders who were held by Iran.

    At least one other high ranking official of al Qaeda found his way out of Iran in recent years. Mahfouz Ould al-Walid, known by his nom de guerre “Abu Hafs the Mauritanian,” was released from jail in July 2012 by Mauritanian authorities after reportedly being extradited by Iran.  Officials in the West African nation said they freed the former senior adviser to bin Laden after he renounced al Qaeda.

    There have been reports over the last several years that Al-Adel, the former al Qaeda military leader, also has left Iran, but U.S. officials say none has been verified.

    Saad bin Laden was inadvertently killed in July 2009 in a Predator drone strike in Pakistan directed at another suspected terrorist, U.S. officials say.

    Al Qaeda’s chief financial officer, Sheik Saeed, whose real name was Mustafa Abu al-Yazid, also was killed in a drone strike in Pakistan on May 21, 2010, according to NBC News terrorism consultant Evan Kohlmann, also a senior partner with the Flashpoint Partners consulting company. There is no indication of when or under what circumstances Saeed left Iran. 

    Other former Iranian captives whose whereabouts are unknown include  Thirwat Shihata, former head of the Egyptian Islamic Jihad; Abdullah Ahmed Abdullah, deputy chair of the management council; and Abu Dahak, a Yemeni who reportedly acted as a facilitator with Chechen rebels

    More from Open Channel:

     ID thieves target hospital patients to steal tax refunds, investigators say

    Accuser in Air Force sexual assault case 'frustrated' at overturned verdict

    Authorities in US, Jamaica team up to tackle persistent phone scam

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  • Identity thieves target hospital patients to steal tax refunds, investigators say

    View more videos at: http://nbcmiami.com.

    Pictures taken in February and March of 2012 show Alci Bonannee and Chante Mozley, two convicted identity thieves, withdrawing cash from several banks in Broward County.


    The federal government says the money came from stolen tax refunds that belonged to people like Miami resident Joseph Szot.

    “When I filed a return, the accountant told me you can’t file because somebody filed already,” Szot said.

    More stories from NBCMiami.com

    And just how did Bonannee and Mozley get Szot's tax refund? Federal authorities said it happened while he was a patient at South Miami Hospital.

    The pair is accused of paying respiratory therapist Betty Cole for patients’ personal information including their Social Security number. Internal Revenue Service Special Agent in Charge of the Miami office, Tony Gonzalez said: “The bad guys that are able to get these Social Security numbers are buying them from employees that work at these hospitals and these medical centers which are sold up to $150 each.”


    The breach at South Miami Hospital happened between June of 2011 and February 2012 and affected 834 patients.

    In a statement, Baptist Health, which operates South Miami Hospital, said "the employee was terminated, and efforts are underway to prosecute this individual to the fullest extent possible."

    NBC 6 reached out to that employee, Betty Cole, but she didn't want to talk to the Team 6 Investigators.

    The south Miami case is the latest hospital ID theft to surface in South Florida. Since 2009, the Department of Health and Human Services has received reports that hundreds of thousands of patients have been affected by breaches at hospitals across South Florida. The hospitals with the largest breaches include Memorial Healthcare System with 111,650 patients affected, the University of Miami Health System with 66,065 people, Mount Sinai Medical Center with 2,600 patients and Jackson Health System with 2,062 patients.

    Although many hospitals have had more breaches, a federal act called HITECH only requires that medical centers report breaches that affect more than 500 patients. Gonzalez said investigators have seen a case where a “gentleman who provided a service of taking elders home after being seen at a hospital, would cut their little tabs off their wristbands and with the patient number, walk into the hospital, look at the computer and get a Social Security number without ever being an employee of that hospital.”

    In April of last year, Memorial Healthcare System in Hollywood notified about 9,500 patients that two employees were fired because they may have inappropriately accessed their personal information with the intent to process fraudulent tax returns. In a statement, Memorial said it “continues to enhance its security controls and monitoring systems, limit user access in all physicians’ offices, and has reinforced the importance of the privacy and confidentiality of patients’ information with its staff and affiliated physicians’ employees.”

    Last year, Jackson North had a breach that affected over 500 patients. Ed O’Dell, the spokesperson for Jackson Health system, says in that case it “was a volunteer in a patient care area and he was apparently taking pictures of patient information.”

    Since then, Jackson has implemented new rules for volunteers prohibiting them from using smartphones in patient areas. Linda Quick, president of the South Florida Hospital and Healthcare Association, a trade association, said the industry is not immune to breaches. She told NBC 6: “Proportionate to the number of people who are seen in our member institutions it’s not pervasive in any way.”

    Szot doesn't blame South Miami hospital. He said he believes companies in general should find a way to reduce the risk of security breaches.

    “I think corporations use Social Security numbers too much for identifying you, putting the information out to too many people,” he said.

    The IRS said hospitals have been cooperating with them to combat identity theft, a growing crime.

    So how can you avoid becoming a victim at a hospital?

    Quick said: “you do not have to provide your Social Security number, but you do have to provide enough information for you to be distinguishable from other people.”

    A hospital may still require your Social Security number to verify coverage if your insurance provider only identifies you that way, but experts say you should ask questions before handing your number over.

    Postal Inspector Blanca Alvarez said, “you don’t always have to give it, if they ask for it, make sure that there’s a valid reason to receive it but it doesn’t often have to be given.”

    The IRS says identity theft affects many industries, not just hospitals. According to HHS reports, health insurance companies have had breaches affecting millions of Floridians.

    Read more from Open Channel

     

  • Accuser in Air Force sexual assault case 'frustrated' at overturned verdict

    Victims of sexual assault in the military told their stories on Capitol Hill Wednesday. Lawmakers say the Pentagon has failed to protect its own ranks from sexual assault. NBC's Michael Isikoff reports.

    The victim in an Air Force sexual assault case that has provoked a firestorm in Congress says she was “absolutely stunned” when she learned that a top general had erased the conviction of her alleged assailant and that the decision will undermine the Pentagon’s efforts to encourage women to report such attacks.

    “It looks to me like he is protecting one of his own,” Kimberly Hanks, 49, told NBC News in an exclusive interview, about the decision of Air Force Lt. Gen. Craig Franklin, commander of the Third Air Force based in Ramstein, Germany, to overturn a jury’s verdict convicting a F-16 combat pilot of sexually assaulting her.


    The message sent to other women who have been sexually assaulted, Hanks said, is “don’t bother” coming forward and reporting it. “It’s not worth it. Don’t bother.”


    Hanks agreed to be named publicly for the first time and granted an hour-long interview that was arranged by Protect our Defenders, an advocacy group that has sought to call attention to the military sexual assault problem. In the interview, Hanks recounted her personal ordeal last year when, as a physician’s assistant assigned to a hospital at Aviano Air Base in Italy, she accused Lt. Col. James Wilkerson — an F-16 combat pilot who was an inspector general at the base — of sexually assaulting her in his home. Hanks spoke in Washington, D.C., on the eve of a Senate Armed Services subcommittee hearing on sexual assaults in the military that is expected to focus in part on her case.

    Although she wrestled at first about what to do about what happened to her, she decided she needed to step forward and report it to Air Force authorities.  

    “I didn’t know if I could live with myself not doing anything about it,” Hanks said. “I couldn’t live personally with the knowledge that I was assaulted sexually and let this man go about his business while I had to live with the shame and the guilt. … I couldn’t let this guy get away with it.”

    Wilkerson’s lawyer, Frank Spinner, told NBC News that Hanks had “lied about multiple aspects of the case” and there was “no physical corroboration” of her claims that his client had assaulted her. But Hanks’ account of events got powerful support late Tuesday when Col. Don Christensen, the Air Force’s chief  prosecutor who personally tried her sexual assault case, described her in an interview with NBC News as “one of the most credible witnesses I’ve ever dealt with.” Christensen said he spent hours interviewing Hanks and found her entirely “truthful.” “She never changed her story. It was always 100 percent consistent,” he said.

    Hanks recounted how, just after months after arriving at Aviano Air Base, she was socializing with friends one evening after a concert and wound up at the home of Wilkerson and his wife, neither of whom she had known. Because of the late hour, she said she accepted an invitation to spend the night in the couple’s guest bedroom and went to sleep.  

    Later in the evening, “I had felt some discomfort. The lights came on which woke me up. And — I opened my eyes and Wilkerson was in bed with me with his hands down my pants,” Hanks said. She said his “face was six inches in mine.” (She declined to discuss further details, but prosecutor Christensen said Hanks testimony was that Wilkerson had fondled her breasts and inserted his hands into her vagina, providing the basis for his conviction on aggravated sexual assault.) Hanks said at that moment Wilkerson’s wife had entered the room. “And she told me to get the hell out of her house,” Hanks said. “I mean, I thank her. Because if she hadn’t come in, I don’t know what could have happened.”  

    According to the Air Force Times, Wilkerson's wife, Beth, testified at trial and denied she found her husband in the bed with Hanks, saying she asked her to leave because she was talking on her cell phone and walking around the house making the wooden floors creak. 

    The military jury believed Hanks’ account, convicted Wilkerson, stripped him of his rank  and sentenced him to a year in a military brig. Hanks said she thought her ordeal was over — only to learn two weeks ago that Gen. Franklin — who never attended the trial — had exercised his authority as “convening authority” of the court martial to reverse the conviction. Wilkerson was freed from the brig at Charleston, S.C., had his rank restored.

    The case has caused an uproar on Capitol Hill, where members are demanding an investigation of Franklin’s action and pressing for legislation to strip a military commander’s authority to overturn jury verdicts. “The fact that one person can overturn a punishment determined by a judge or a jury, flies I the face of justice,” said Rep. Jackie Speier, a California Democrat and member of the House Armed Services Committee.

    An Air Force spokesman said Gen. Franklin made his decision to overturn the verdict “only after his very lengthy, careful and thorough consideration” of the trial record and related materials submitted by all parties in the case. He concluded “that there was insufficient evidence to support a finding of guilty beyond a reasonable doubt.”

    Hanks said she is “frustrated” but has no regrets.

    “I did the right thing,” she said. “I reported it. I told the truth.”     

    More: Defying court's rules, anti-secrecy group posts tape of Manning statement 
    Authorities in U.S., Jamaica team up to tackle persistent phone scam 

    This story was originally published on

  • Authorities in US, Jamaica team up to tackle persistent phone scam

    MONTEGO BAY, Jamaica – The lead vehicle of a motorcade from the Jamaican lottery scam task force rushes through traffic and pulls up to a modest neighborhood of single-story homes. Armed officers jump out to stake out the perimeter and a U.S. special agent for Homeland Security investigations shows an NBC News team an extravagant (by Jamaican standards) three-story mansion jutting from the hillside.

    Multiple electric lines run into the home, which has security cameras, a gilded electronic gate and elaborate balconies. We’re told the owner is awaiting trial -- one of 109 Jamaicans charged so far under a cooperative effort between the U.S. and Jamaica to crack down on phone scams targeting elderly Americans in an effort known as Project JOLT.


    This is Jamaica’s way of letting Americans know that it knows it has a problem and is trying to do something about it.  Authorities say Jamaican scammers have become increasingly sophisticated, aggressive and successful at talking elderly Americans out of hundreds of millions of dollars.  In fact, so many Americans are falling for Jamaican scams that Jamaican officials claim it’s hurt their country’s reputation.


    “If we can't get it under control and hopefully eradicate it completely then it's going to have an impact on the legitimate businesses in Jamaica,” said Peter Bunting Jamaica’s Minister of National Security.

    This Caribbean island country is known for ocean breezes, hospitality and a laid back lifestyle. But  it also has a troubling side that is becoming familiar to some unlucky Americans.

    Jamaican con artists are defrauding mostly elderly targets by selling them a bogus dream.  Millions of dollars, new cars and homes won in lotteries and sweepstakes the seniors never entered, according to victims and law enforcement officials.

    Norman Breidenbaugh, 81, of Baltimore gave over $400,000 to lottery scammers who promised him millions in cash and a new car once he paid the taxes on the winnings.

    His hope was to have enough money to move his wife, Cindy, who was suffering from dementia, from a nursing facility back into their home.

    “I believe in the marriage vows I took, which were, you know, 'Til death do us part,’ So I was doing everything I could to get money to bring her home to take care of her,” he said.

    Even after she died in 2009, Breidenbaugh kept paying. Eventually, he lost his home and every penny he had. 

    Some of the callers identified themselves as agents from the Department of Homeland Security, U.S. Secret Service and the FBI, confirming his winnings and telling him he had to pay taxes or fees to receive the prizes.

    “They tell you that they're this, that and the other thing and you want to believe they're legitimate and it turns out they're scum,” Breidenbaugh said.

    His experience is not unique. The Federal Trade Commission reported 30,000 complaints related to Jamaican lottery scams in 2012. However, the number of actual victims is likely far higher. Those are only complaints from victims who knew where the calls originated from. The FTC estimates fewer than 10 percent of victims ever report the crime.

    Many elderly victims are ashamed of being duped. “Embarrassment is the scammers' greatest ally,” says Deputy Chief William King of York County Sheriff’s office in Maine.

    King’s first Jamaican scam case was in 2011.  Since then, he has spoken to hundreds of victims from around the country and has observed common threads -- intimidation, threats, harassment and manipulation.

    To those who question how anyone could fall for such a scam, King points to the island’s legitimate telemarketing outsourcing industry, which officials say may have been a breeding ground for early scammers.  “They're trained to get somebody on the telephone, to overcome objections, to create a fantasy,” he said.

    Once a victim is hooked, scammers call victims incessantly, dozens of times a day. When the senior tries to sever ties, swindlers often change the victim’s number without their knowledge so no one else can reach them.  They even use Google Earth to describe a senior’s neighborhood and frighten them into paying, authorities say.

    Some scammers use romance to reel in victims, feigning interest in lonely seniors, who pay, in part, to maintain the connection.

    The United States and Jamaica began working together to eradicate scamming last year.  In 2009, the U.S. Immigration and Customs Enforcement, the investigative arm of the Department of Homeland Security, formed the Joint Operations Linked to Telemarketing task force, or (JOLT). And last year, Jamaica formed the Major Organized Crime and Anti-corruption Task Force (MOCA), charged with investigating lottery scammers. 

    Jamaican authorities say that as they have cracked down on drug trafficking, more and more criminals have moved into scams for easy money.  The low barrier to entry makes it an appealing illicit endeavor, they say.  All you need is a phone, a computer and some phone numbers.

    Those phone numbers come from lead lists or what some scammers call “suckers” lists, originating from the United States and then sold in Jamaica.  So valuable are the lists that criminals are killing one another over them, authorities say. 

    Bunting, the Jamaican national security minister, estimates 40 to 50 percent of all criminal activity in St. James Parish, the center of scamming activity in the country, is related to the endeavor.  . 

    MOCA has made over 400 arrests, but only a quarter of those have resulted in charges. Where authorities cannot get convictions for scamming, they say they charge victims for any offense they can. The goal is to disrupt the activity.

    “If you recall, the infamous Al Capone in Chicago, was not sent to prison, and he did not die in prison, while serving time for bootlegging or other organized crime activities, said Assistant Commissioner of Police Carl Williams, the assistant police commissioner.  “He was charged and sentenced for tax evasion, so that's the same principle we take toward doing our enforcement.”

    Senator Susan Collins, R-Maine, ranking member of the Senate Special Committee on Aging, acknowledges that the new Jamaican administration is taking a stronger approach to combat scamming, but she says it is too little too late.

    “For years the Jamaican government turned a blind eye to this fraud,” Collins said. “Only recently has the Jamaican government, because of the threat to the reputation of the island as a vacation haven, taken any kind of action to try to crack down and stop these scams.”

    Jamaican officials have a difficult task:  They must also combat public opinion, because some Jamaicans don’t see scamming as a crime.

    “I think the one who give it should be blamed,” one resident told NBC News as he crossed Montego Bay’s bustling Sam Sharpe Square, “not the one who just make a little phone call.”  He called scamming “a smart thing to do.”

    Kim Nichols of Hermon, Maine, knows the operations are sophisticated.  She estimates her 77-year-old father, Bill, who did not want us to use his last name, gave Jamaican scammers over $85,000 in just six months.

    “I mean they're incredibly professional at what they do,” she said.  “I was amazed at how complicated and layered this scam is and how good at it they were unfortunately.”

    Nichols said her father, a retired airline pilot, seemed an unlikely candidate to fall for such a swindle.

    “He's just very careful with his money, so everyone was very surprised when this happened,” she said. 

    Her father said he had multiple callers hounding him at the same time,  some claiming to be IRS agents or Treasury agents.

    “It was hard to tell who was real and who was fictitious,” he lamented. “And I guess they all were in the final analysis of it. I'd say if they can fool me, they can fool anybody.”

    Breidenbaugh, the man who lost everything to the scammers, says there is only one way for seniors to protect themselves from becoming a victim.

    “Please don't talk to them,” he said. “Hang that damn phone up. Because if they get their fingers into you, they got you for good.”

    And U.S. and Jamaican officials both have one message for Americans:  If you haven't played the lottery, you didn't win the lottery.

    Lisa Myers is NBC News' senior investigative correspondent; Talesha Reynolds is a producer in the NBC News Washington Bureau.

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  • Celebrity hackers stole data from AnnualCreditReport.com, Equifax says

    The Equifax credit bureau confirmed Tuesday that criminals have stolen credit reports from AnnualCreditReport.com, the website designed to allow consumers free access to their own credit reports.

    The theft  suggests criminals have outfoxed AnnualCreditReport.com’s defenses, potentially giving them access to potentially 200 million Americans’ credit reports. According to the Consumer Financial Protection Bureau, 16 million consumers use AnnualCreditReport.com annually.

    The nation's three largest credit bureaus -- Equifax, Experian and TransUnion -- were required by federal legislation passed in 2003 to offer consumers one free credit report every year. The three jointly operate AnnualCreditReport.com to fulfill that obligation.


    Entertainment news website TMZ first reported Monday that highly detailed personal information on international celebrities and political figures – including Jay-Z, Beyonce, Attorney General Eric Holder and Hillary Clinton – had been published on a website, and that the FBI was investigating. The same website identified in that report published additional data on Tuesday, including details about first lady Michelle Obama and Vice President Joe Biden, leading to a flurry of interest in the source of the data.  Later Tuesday, Equifax confirmed that some of the data associated with those identity thefts had been stolen from AnnualCreditReport.com.

    "Equifax can confirm that fraudulent and unauthorized access to four consumer credit reports has occurred through the AnnualCreditReport.com channel, a free public service that allows all consumers to get annual access to their credit report," the company said in a statement.  "Our initial investigation shows the perpetrators had the (personal information) of the individuals whose files were accessed and were therefore able to pass the required authentication measures in place. We have launched a full investigation into this matter and we are also working closely with law enforcement authorities on this matter."

    The statement did not identify which credit reports had been accessed through the website or explain why more than four reports had been published on the website. 

    TransUnion and Experian also confirmed unauthorized persons had managed to access the credit report data.

    "TransUnion’s systems were not hacked or compromised in any way," the firm said in a statement to CNBC. "The sophisticated perpetrators of these fraudulent activities had considerable amounts of information about the victims, including Social Security numbers and other sensitive, personal identifying information that enabled them to successfully impersonate the victims over the Internet in order to illegally and fraudulently access their credit reports. TransUnion is taking steps to assist the individuals affected to help minimize any potential impact. We are conducting our own internal investigation and working closely with law enforcement."

    Experian also said its systems weren't hacked, adding that "this looks to be an isolated situation."

    Consumers who attempt to obtain their credit reports from AnnualCreditReport.com must answer a series of authentication questions. Many of these are what's known as "out-of-wallet" questions -- questions that a criminal who had stolen a wallet couldn't answer -- such as, "which bank holds your mortgage" or "which of these former addresses are valid."

    That means the criminals who stole the credit reports probably had access to a host of personal information about their targets, allowing them to successfully answer the authentication questions. Some of that data can be purchased from other online data brokers, culled from web pages or even determined through guesswork and the process of elimination.

    The Federal Trade Commission regulated the creation of AnnualCreditReport.com and its security procedures. 

    FTC spokesman Jay Mayfield said the data theft serves as another reminder to consumers that they should protect their personal information, but said the agency still recommends that consumers visit AnnualCreditReport.com or call the credit bureaus to get a free copy of their credit report every year. He would not comment specifically about the theft of the celebrity credit reports, or about the security of AnnualCreditReport.com

    Consumers who hear that AnnualCreditReport.com has been compromised might be dissuaded from using the site in the future, and perhaps paying another third-party firm for their credit reports. Doing so would not enhance their security, however.  The data available at AnnualCreditReport.com could be accessed by criminals, even if the consumer never asks for it.

    Issues with the authentication procedures at credit report websites have been raised in the past. Last year, security analyst Dan Clements of CloudEyez.com gave NBCNews.com a tour of websites that sell stolen credit reports. Several of the stolen credit reports viewed at the time indicated they'd been taken from AnnualCreditReport.com or other third-party websites that charge a fee for access to credit reports.

    "I'm selling super prime credit reports and scores which include all three bureaus and other information," bragged one advertisement on a credit reports for-sale site.

    Most of the websites were hosted in the .su domain, assigned to the former Soviet Union. The recently celebrity credit reports are also hosted on a .su web site.

    In one how-to posted on a hacker bulletin board, a hacker describes one brute-force attack used to gain access to credit report websites. Most sites are protected by "challenge" questions such as, "Which bank holds the mortgage on your home?"  But there's a critical flaw, the hacker said:

    "Normally all ... of them will ask you the same question," the hacker wrote.

    Because the sites use the multiple choice format, it's easy to use the process of elimination and determine the correct answers, he claims.

    The hacker explained that the trick is to open several credit report sites and keep trying random answers until one set works.

    The recipe is highly detailed, including helpful tips such as, "Take a shot of screen to remember what answers you gave. After that click the submit button and see what it says."

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  • Google pays $7 million to settle 'Wi-Spy' case filed by states

    Paul J. Richards / AFP/Getty Images

    A Google street view mapping and camera car cruises the streets of Washington, D.C.

    Google has agreed to pay $7 million to settle a lawsuit filed by 37 states and the District of Columbia over the firm’s vacuuming of data from home Wi-Fi networks around the world. The settlement ends a long chain of U.S. government legal actions against Google in what has become known as the "Wi-Spy" scandal, but Google still faces numerous legal challenges in Europe and elsewhere.

     

    Between 2008 and 2010, Google's Street View cars, designed to take detailed block-by-block pictures, had an added feature -- they collected data broadcast out of users' homes from unsecured Wi-Fi networks.  At the time, most home routers didn't come equipped with encryption by default, so the data haul was enormous, and raised numerous privacy issues.

    Google has admitted its mistake, but maintained that the collection wasn't illegal because the data was collected from public locations and broadcast by the victims in plain text. Still, the episode has been embarrassing for the company, and it has repeatedly said it has implemented new procedures to prevent a similar episode.


    The most disturbing part of the Wi-Spy scandal is that Google blames it on a rogue engineer, though according to an investigation conducted by the Federal Communications Commission, the engineer told others at the company about the data collection.  It's alarming to think about the privacy disasters that could be created by a rogue employee or group of employees who work inside a company with massive data collection power, like Google. The FCC fined Google $25,000 for allegedly obstructing its investigation, but took no further action against the company.

    “Consumers have a right to protect their vital personal and financial information from improper and unwanted use by corporations like Google,” said New York Attorney General Schneiderman in a statement about the attorneys general settlement. “This settlement addresses privacy issues and protects the rights of people whose information was collected without their permission. My office will continue to hold corporations accountable for violating the rights of New Yorkers.” 

    Google agreed to destroy the data as part of the settlement and to launch an employee privacy training program that it must continue for 10 years. 

    "We work hard to get privacy right at Google. But in this case we didn't, which is why we quickly tightened up our systems to address the issue," Google said in a statement to NBC News. "The project leaders never wanted this data, and didn't use it or even look at it. We're pleased to have worked with Connecticut Attorney General George Jepsen and the other state attorneys general to reach this agreement."

    The Electronic Privacy Information Center maintains a detailed list of legal actions in the Wi-Spy scandal, including links to details on ongoing investigations around the globe.

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  • Defying court's rules, anti-secrecy group posts tape of Bradley Manning statement

    An anti-secrecy group, the Freedom of the Press Foundation, has released a recording of Bradley Manning's courtroom statement, in which he admits to illegally giving WikiLeaks hundreds of thousands of government documents. NBC's Michael Isikoff reports.

    An anti-secrecy group on Tuesday released a secretly made audio recording of Army Pfc. Bradley Manning's recent hour-long statement to a military judge in which he openly admitted leaking hundreds of thousands of government documents to WikiLeaks as part of an effort to "spark a domestic debate on the role of the military" and "help document the true cost of the wars in Iraq and Afghanistan."

     "In an era where government secrecy is at an all-time high, we believe Bradley Manning's actions should  be commended rather  than condemned," said Trevor Timm, executive director of the Freedom of the Press Foundation, the group that obtained the audio recording and posted it on its website. "In our minds, Bradley Manning is absolutely a whistleblower."


    The group -- whose board members include Daniel Ellsberg, who leaked the Pentagon Papers in 1971 -- said it obtained the recording from a source it declined to identify. Manning’s statement was made in open court but the group acknowledges the recording  was  made in violation of military  rules which explicitly forbid “photographs, video and sound recordings” of the proceedings.  

    On Tuesday, the U.S. Army Military District of Washington notified the military judge presiding over the Manning court-martial that there was a violation of the Rules for Court.

    "The U.S. Army is currently reviewing the procedures set in place to safeguard the security and integrity of the legal proceedings, and ensure Pfc. Manning receives a fair and impartial trial," it said in a statement.

    During the Feb. 28 session at Fort Meade, Md., Manning pleaded guilty to 10 of the lesser charges he is facing, including  unauthorized possession and transmission of "protected information." He is still facing a military court martial in June on 12 more serious charges that include "aiding the enemy" and which could result in a life sentence.

    Prosecutors have signaled they intend to call a Navy Seal who participated in the raid that killed Osama bin Laden in an apparent move to establish that some of the material that Manning leaked wound up in the al-Qaida leader's compound in Abbottabad, Pakistan.

    P.J. Crowley, the State Department's former top spokesman who lost his job after criticizing the U.S. military's treatment of Manning, who was kept in solitary confinement for 10 months, told NBC News  he nonetheless believes the Army private's actions remain indefensible.

    "It's nonsense to call Bradley Manning a political prisoner," Crowley said. "He is a member of the military  who was serving in an active war zone and took it on himself to compromise hundreds of thousands of documents."

    In his statement to the court, Manning spoke about how as a low-level intelligence analyst in Iraq, he came across material that disturbed him and made him question U.S. policy. He cited a 2007 aerial video of a U.S. helicopter attack that killed innocent civilians and two Reuters journalists.

    “The most alarming aspect of the video to me…was the seeming delightful blood lust the Aerial Weapons Team seemed to have,” Manning said. “They dehumanized the individuals they were engaging and seemed to not value human life, and referred to them as quote, unquote, ‘dead bastards.’” 

     Manning also spoke how he became depressed and, as a young gay man in the Army, had trouble fitting in. “In real life, I lacked a close friendship with the people I worked with,” Manning said. “For instance, I lacked close ties with my roommate (because of) his discomfort regarding my perceived sexual orientation.”

    Instead, Manning said he found comfort from a relationship he developed online — with someone who worked at WikiLeaks, to whom he sent the aerial video in 2010 after burning a CD copy on his computer. He gave his online interlocutor  –  whom he now believes may have been the group’s founder, Julian Assange, or one of his top associates — the name “Nathaniel.”

    “Over the next few months, I stayed in frequent contact with Nathaniel,” Manning said. “We conversed on nearly a daily basis and I felt we were developing a friendship. The conversations covered many topics and I enjoyed the ability to talk about pretty much everything — not just the publications that (WikiLeaks) was working on…

    “For me, these conversations represented an opportunity to escape from the immense pressures and anxiety that I experienced and built up throughout the deployment,” Manning said. “It seems that as I tried harder to fit in at work, the more I seemed to alienate my peers and lose the respect, trust and support I needed.”

    This story was originally published on

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