Archive for the ‘Law’ Category

Well, what do you know?

Monday, August 12th, 2013

Whitey Bulger: guilty of 11 murders.

Boston.com:

The jury found that the prosecution had proved that Bulger murdered Paul McGonigle, Edward Connors, Thomas King, Richard Castucci, Roger Wheeler, Brian Halloran, Michael Donahue, John Callahan, Arthur “Bucky” Barrett, John McIntyre, and Deborah Hussey.

It returned a “no finding” in the murder of Debra Davis, and decided that the prosecution had NOT proved that Bulger murdered members of the Notorangeli group, Michael Milano, Al Plummer, William O’Brien, James O’Toole, Al Notorangeli, James Sousa, and Francis “Buddy” Leonard.

He was also found guilty of “…two counts of racketeering, six acts of extortion, as well as narcotics distribution, money laundering, and illegal firearms charges.”

I would link to the Boston Globe coverage, but they’ve put it behind a paywall, so to heck with them.

DEFCON 21 update: August 5, 2013.

Monday, August 5th, 2013

Yeah, I know, I’ve been quiet. Much of Friday’s blogging time was eaten by Bluehost instability, and Saturday and Sunday were busy.

But I do have some updates and links.

I’m going to cut things off here for right now. I’m still trying to find links to some of the other presentations I mentioned (in particular, I’d love a link of some sort to Anch’s “Pentesters Toolkit” if anyone has one) and will post updates as they come in. Depending on what I dig up, there may be a second post tomorrow. In the meantime, this should keep you busy.

Random notes: August 1, 2013.

Thursday, August 1st, 2013

Look, I don’t like drunk drivers. I don’t like drunk drivers who kill people while driving drunk. If I had my way, they’d be charged with murder.

That said, there’s something wrong with this WP editorial arguing that a bar should bear responsibility for the death of a ten-year-old girl “who liked dogs, horses and dancing”. (Would it have been less tragic if she hated horses?)

They also knew something was wrong when Michael D. Eaton downed 17 bottles of the Mexican brew, plus a shot of vodka, in about five hours. It was too much.

So that’s 18 drinks in five hours, or 3.6 drinks an hour on average. The WP doesn’t tell us how much Mr. Eaton weighed, or whether his drinks were evenly distributed over the five hours (as opposed to him being there for 4:30, and then slamming down 17 Coronas and a shot in the last half hour). But assuming he weighed 200 pounds, and the drinks were evenly distributed…according to this chart, he’d be right on the borderline between 0.06 and 0.08. I’m not convinced that’s the sort of visibly drunk that would make the bar responsible for letting him leave.

(It is interesting that none of the articles on this case specify Mr. Eaton’s BAC, but perhaps that has something to do with the fact that he fled the scene and turned himself in 12 hours later. It is also interesting that the WP editorial blaming the bar doesn’t mention Mr. Eaton’s “previous convictions for drunk driving, reckless driving, selling marijuana and speeding “.)

In other news, the Austin PD fired another officer. The twist here is that the fired officer was already on probation and had been suspended for “temporarily ignoring a dispatch and disengaging the tracking system in his patrol car for just over twenty minutes”: even after being placed on probation and suspended, he still turned off the tracking system (and apparently the cameras) in his patrol car another 60 times.

Obit watch: Noted Texas writer John Graves. At some point, I need to read Goodbye to a River.

Speaking of Las Vegas, people are coming back. But they aren’t gambling as much, or spending as much money on other things.

And speaking of DEFCON/Black Hat: WP coverage of the NSA director’s speech.

I’m hoping for some good coverage of Black Hat/DEFCON from Brian Krebs, who, by the way, has an interesting tale to tell:

Earlier this month, the administrator of an exclusive cybercrime forum hatched and executed a plan to purchase heroin, have it mailed to my home, and then spoof a phone call from one of my neighbors alerting the local police.

(Also, credit card and PIN skimmers just keep getting better and better.)

Random notes: July 30, 2013.

Tuesday, July 30th, 2013

Latest update on the “Rebecca” case (previously):

A former Long Island stockbroker accused of bilking the producers of a planned Broadway musical production of “Rebecca” pleaded guilty to federal fraud charges on Monday, admitting that he had conjured up fictitious overseas investors and a phantom loan as part of a sham effort to rescue the financially troubled show.

Memo from the Department of “Here’s a Shocker”:

Fifty-five percent of respondents to a 2009 agency-wide survey who said they were resigning or thinking about it cited poor management as the main reason, according to a 2010 report on retention by the agency’s internal watchdog that mirrored the findings of a 2005 report. Although the CIA’s overall rate of employee turnover is unusually low, the report cited “challenges” in the retention of officers with unique and crucial skills, such as field operatives.

More:

“Perceptions of poor management, and a lack of accountability for poor management, comprised five of the top 10 reasons why people leave or consider leaving CIA and were the most frequent topic of concern among those who volunteered comments,” the inspector general’s report says.
CIA employees complained of “poor first-line supervision, lack of communication about work-related matters and lack of support for prudent risk taking,” the report says.

Some bars in West Hollywood and other cities are boycotting Stolichnaya vodka over Putin’s “anti-gay” regulations, “banning ‘propaganda of nontraditional sexual relations,’ including gay pride events and providing children with information about homosexuality.” Fair enough; a boycott seems like a reasonable response, though I don’t know how much good it will do. (I’m not convinced boycotts work against the batshit crazy.) But:

West Hollywood City Councilman John Duran, who has been encouraging bars to join the boycott, said protesters in West Hollywood plan to dump the contents of Stolichnaya bottles into a gutter to raise awareness of Russia’s laws. The protest is planned for Thursday in front of Micky’s bar and will use bottles filled with water, not vodka, he said.

Wouldn’t this be a more effective protest if they actually dumped the vodka? If they are worried about the environmental impact of dumping vodka into the gutter, couldn’t they pour it down the sink instead, like they do with unfinished drinks? Is the environmental impact of dumping vodka that great, especially since I suspect much of the alcohol will evaporate in the storm sewers?

And what are they going to do with the vodka that was in the bottles? Or have they been saving empties for this protest?

A couple of random bits for July 27, 2013.

Saturday, July 27th, 2013

This one goes out to Lawrence and a couple of other friends.

I have written previously about NASA’s “System Failure Case Studies” site, where the organizations posts brief analysis of significant failures and the lessons learned from them.

NASA recently redesigned the site: I find it slightly more aesthetically pleasing than I did previously. And one of the things they’ve covered recently is the Piper Alpha disaster.

Some other recent SFCS articles of note:

  • the crash of a F-22A Raptor, apparently due to a combination of pilot hypoxia and bad ergonomics (especially when pilots were wearing night vision and cold weather gear).
  • The Halifax explosion. It seems to me that this event is mostly forgotten today, but I vividly remember reading a first hand account from one of the survivors in a really old Reader’s Digest at my grandmother’s house:

    The Mont-Blanc drifted toward the Halifax shore and then blew apart, with a shockwave equivalent to 2,989 tons of TNT expanding across Halifax at more than 4,900 feet per second and reached across 325 acres. The pressure and temperature (in excess of 9,000 degrees Fahrenheit at the origin) pushed a fireball of hot gas and debris into the sky that rained shrapnel on people in the streets below. The water around the Mont-Blanc was immediately vaporized and a 52-foot tidal wave swept three city blocks deep into Halifax’s Richmond neighborhood. Windows were reportedly shattered over 50 miles away from the epicenter.

  • And the Xcel Energy fire, which comes across as just total all-around incompetence:

    Although Xcel and RPI recognized the penstock as a permit required confined space, neither treated it as such during the recoating work…Entry procedures were not developed and the required daily permits were incomplete and lacking detail pertaining to the hazards of the day‘s work activities. Air monitoring was performed almost exclusively at the entrance, about 1,450 feet away from the actual work area within the penstock. Neither RPI nor Xcel provided the CSB with a documented basis for declassifying the penstock space as non-permit required…Xcel and RPI managers did not plan or coordinate the immediate availability of qualified confined space technical rescuers and equipment outside the penstock, although the use of flammable solvent in the open atmosphere of the permit space created the need for immediate rescue because of the potential for Immediately Dangerous to Life and Health (IDLH) conditions

    Xcel and RPI killed five workers because of these failures.

On another note, I greatly enjoy the Priceonomics blog, which has covered topics like how does SkyMall work (and their questionable ties to Xhibit Corp), what charities do with those donated cars, and the economics of starting a bike shop.

The latest article has some ties to something I wrote about previously – the pot growers of the Emerald Triangle. Or, as Priceonomics puts it:

Legal Weed is Hurting San Francisco’s Hippies

Some quotes:

“The hippy kids used to be able to sell their weed real easy at high prices,” he tells us. “There were lots of customers and they made enough in a few days to travel for a few weeks. Now though…” At which point Kenny repeats the complaint made by drug dealers throughout the park, that California’s legal dispensaries for “medical marijuana” have depressed prices and stolen away their customer base.

While legalization increased the supply of weed in California, the segment suggests that increased transparency – rather than increased supply – explains the price drop. Chuck, a dealer who switched from selling weed in California to New York and quadrupled his income, told WNYC, “There’s plenty of weed in New York. There’s just an illusion of scarcity, which is part of what I’m capitalizing on. Because this is a black market business, there’s insufficient information for customers.”

Random notes: July 24, 2013.

Wednesday, July 24th, 2013

Man, this is a day for sad sports stories in the NYT.

George Sauer Jr. passed away in May.

He caught eight passes in the Jets’ upset victory over the Baltimore Colts in Super Bowl III. In six seasons with the Jets, Sauer caught 309 passes for 4,965 yards and 28 touchdowns. But after the 1970 season, when he was 27, George Sauer retired, criticizing a sport that he described as having a “chauvinistic authority,” “militaristic structure” and that he termed “inhumanly brutal.” He briefly returned to play with the New York Stars of the World Football League three years later, but after that, Sauer’s football days were over.

What makes this story interesting is that Sauer, according to people who knew him, was a really smart guy who may have never wanted to play football in the first place; what he really wanted to be was a writer.

On a slightly more upbeat note, there’s an interesting piece by Frank Bruni in the paper of record. Vetri, a very well regarded Italian restaurant in Philadelphia, transformed itself for three nights into Le Bec-Fin, a legendary restaurant that closed (temporarily?) in 2012.

I like the idea of recreating legendary restaurants for a few nights. I’m not sure what Austin restaurant I’d like to see do this; I think that needs some more consideration than I am currently able to give it.

And since this isn’t behind the paywall, i’ll link to it: the Austin Police Department has fired another officer. What did he do? Well…bad guy broke into someone’s home and stole their pickup and gun. Police chased the bad guy. Bad guy wrecked the truck, fled on foot, and broke into another house.

As police converged on the home, he began backing out of the garage in the homeowner’s car.
In a disciplinary memo, Austin Police Chief Art Acevedo said [Christopher] Allen [the fired officer – DB] fired four shots into the car’s window as it backed out of the driveway before chasing the car down the street on foot while firing an additional 10 shots, forcing other officers to take cover.

This has gone to the arbitrator:

According to the opinion, Allen acknowledged that he shouldn’t have fired all 14 shots but contended that he complied with the department’s deadly force policies because the suspect was an imminent threat to the public.

And the arbitrator said:

…that sustained violations of use of force policies have consistently resulted in termination, and that Allen should have been expected to avoid approaching the vehicle containing a possibly-armed suspect.
Though he said Allen seemed like a “thoroughly decent individual and dedicated police officer,” he decided there was no justification to overturn his termination.

I think the take-away here is: hit what you aim at. And always be sure of your target and what’s behind it:

The chief said Allen’s actions violated several departmental policies, including determining the objective reasonableness of force, and that he was a more of a threat to the public than the suspect.

Please continue to be careful out there.

Tuesday, July 23rd, 2013

A while back, I wrote about Sutchi Hui. Mr. Hui was crossing a San Francisco street when he was struck and killed by Chris Bucchere, who was on a bicycle at the time. The San Francisco DA charged Mr. Bucchere with felony manslaughter.

Mr. Bucchere has now pled guilty to that charge.

“I believe justice has been served,” Gascon told reporters. “Mr. Bucchere has been held accountable to a level that’s historic in the state. His conduct was egregious. He will be providing 1,000 hours of community service. We hope many of those hours are spent talking about traffic safety.”

However, according to the article, Mr. Bucchere will not serve any time in prison. Or perhaps I should say the DA is not requesting any under this plea agreement. Mr. Bucchere will not actually be sentenced until August 16th. The SF Chron says that Mr. Hui’s family agreed to the plea, and that Mr. Bucchere will serve three years on probation. And:

After six months, Gascon said, a judge could reduce the charge to a misdemeanor.

Banana republicans watch: July 23, 2013.

Tuesday, July 23rd, 2013

Do you remember the “Bait Car” incident? In brief, an LA County sheriff’s detective swore under oath that he’d read a suspect his rights; that testimony was contradicted by video taken of the arrest for the “Bait Car” TV series.

Now:

Prosecutors concluded that Det. Anthony Shapiro “willfully, knowingly and intentionally” made false statements when he claimed to have fully read suspects their Miranda rights, according to a memo obtained by The Times. Footage shot by television cameras for the TruTV program “Bait Car” shows that Shapiro never fully read the suspects their constitutional rights, including the right to remain silent and have an attorney present during questioning, prosecutors said.

And what is the DA’s office going to do about this? Not a damn thing.

Despite the findings, the district attorney’s office declined to file criminal charges against Shapiro. The office concluded that Shapiro’s false statements did not amount to perjury because they did not play a key role in the decision to arrest the men or in the outcome of the preliminary hearing where Shapiro testified, according to the memo.

Meanwhile, in the notoriously corrupt city of Vernon, Bruce Malkenhorst used to be the city manager. He resigned (and was later convicted of misappropriating public funds). As city manager, he took home $911,000 a year; his pension was the largest in California, more than $500,000 a year.

At least it was until the California pension board cut it back to $115,000 a year, stating that some of his salary was improperly obtained.

So now the 78-year-old Malkenhorst is suing Vernon to make up the difference. His lawyers are making a novel if improbable argument: Because it paid him a high salary, the city is responsible for keeping his retirement benefits at the higher level even though CalPERS balked.

Random notes: July 19, 2013.

Friday, July 19th, 2013

I was tied up yesterday and couldn’t jump on the Detroit bankruptcy story. Here’s coverage from the NYT, the Detroit Free Press, and Lawrence.

At Long Island College Hospital in Brooklyn, there are scores of doctors and nurses on duty around the clock at a cost of $3 million per week. But in the maternity ward, nurses sit and knit or idly watch afternoon television because there are no babies being delivered and most of the hospital is empty. It is meant to house 375 patients; it has 18.

The people who run the hospital want to close it, and are trying to wind down operations. But the unions that represent hospital workers are opposed to closing the hospital.

The hospital is losing $15 million a month, $12 million of it in payroll, with almost no money coming in. State officials said they expected to cover the losses through advances on federal financing given to hospitals with large numbers of poor and uninsured patients.

San Jose State made a deal with the online course provider Udacity to offer “low-cost, for-credit online courses” in “remedial math, college-level algebra and elementary statistics courses”. How’s that working for them? Not well. “Preliminary results from a spring pilot project found student pass rates of 20% to 44%”. SJSU and Udacity have suspended the courses while they re-evaluate. One thing that might have been a factor:

A large group were enrolled in the Oakland Military Institute, a college prep academy. Many of them didn’t have access to a computer — a fact that course mentors didn’t learn about until three weeks into the semester, Junn said.

In the Prince George’s jail, another of the busiest jails in Maryland, administrators have little information about inmates’ contact with the outside world. Unlike at most jails in the D.C. area, Prince George’s does not directly monitor or record visits with friends or family, and inmates routinely shield their calls from investigators monitoring recorded phone lines.

Guess who’s getting a raise?

Thursday, July 18th, 2013

No, not your obedient servant.

The State of Texas has approved a $15,000 a year raise for all local DAs and district judges.

Including Rosemary Lehmberg.

Lehmberg is already the highest paid elected official in the county, making $125,000.00 per year in state funds. The county pays her $35,298 giving her a total salary of over $160,000.00.

Happy Bastille Day, everyone!

Sunday, July 14th, 2013

Whether you’re eating Beef Bourguignon and drinking a good Burgundy, or storming a prison to get at the gunpowder inside, I hope your celebration is a happy one.

(More from Lawrence here.)

Dead lawyers don’t lie.

Friday, July 12th, 2013

Sergei L. Magnitsky was convicted yesterday of tax evasion by a Russian court. Mr. Magnitsky was a lawyer: his client, William F. Browder, was convicted as well.

This isn’t ordinarily the sort of thing I’d bring up, but there are a couple of interesting points:

  • Mr. Magnitsky was a prominent critic of the Russian government, and was arrested shortly after he accused officials of stealing $230 million in government funds.
  • Both Mr. Magnitsky and Mr. Browder were convicted in absentia. Mr. Browder is currently in London.
  • Mr. Magnitsky was convicted in absentia because he’s dead. He died four years ago in prison, after being refused medical care.

(Subject line hattip. My linking to this should not be taken as implying any endorsement of the content.)

Random notes: July 5, 2013.

Friday, July 5th, 2013

Everton Wagstaffe and Reginald Connor are serving time for the kidnapping and murder of Jennifer Negron. Ms. Negron was 16 years old when she was murdered.

Both Mr. Wagstaffe and Mr. Connor have maintained their innocence and, after years of fighting, were able to arrange DNA testing of every piece of physical evidence that could be found; none of it implicated them, and the DNA in hair found on the victim’s body came from at least one other person.

The main witness against the two men was a crack addicted prostitute who was “forcibly detained by the authorities in a hotel until she testified”.

In the case of Mr. Wagstaffe and Mr. Connor, no records were kept of police interviews with other important witnesses; there was no physical evidence to support the informant’s claims; one witness, a police detective’s daughter, who could provide a seemingly credible alibi for Mr. Wagstaffe, was never interviewed by police, prosecutors or defense lawyers; the owner of a car supposedly used in the kidnapping said she told detectives that she had it with her at church through the night of Ms. Negron’s death. There is no record of any interview of her, either, even though the car was cited as important evidence.

Is this our old friend Louis Scarcella? Is the Brooklyn DA reinvestigating this case?

No. And no.

The investigation into the death of Ms. Negron was led by a detective from a different squad, Michael Race of the 75th Precinct. His work with another informant led to the conviction of at least three innocent people.
Of 750 murder investigations that he ran, Mr. Race has said, only one was “done the correct way, A to Z.”

One. Out of 750. And three wrongful convictions.

Aye aye mateys, oh, come on the Pirate Radio
Land of the free and home of the brave
FCC crawl in your grave!

(Explained.)

Directors of Meade Instruments Corp., which has helped foster the consumer market with its easy-to-use telescopes and binoculars since 1972, may be tipping their hand by Monday on whether to recommend selling the company, plow ahead alone or possibly seek bankruptcy protection.

This sucks. I’ve wanted a good telescope for much of my life, even though I find it hard to use one with glasses and I really am not able to stay up late in order to do observational astronomy. Still, I’m sad to see the market shrinking, even though the technology gets better and better.

Verizon has a great idea for Fire Island. As you might have guessed, the island got the crap beat out of it by Sandy, and the phone system was devastated.

Verizon, the only phone company in town, wants most of the island and its 500 homes to go all-wireless, ending for good its century-old copper wire phone network. That means phone lines buried underground or strung between poles and then stretched into homes will go out of service and be replaced by an experimental wireless service that sends calls between cell towers and home receivers.

Sounds great, right?

Without phone lines, consumers don’t have the option of DSL Internet. Gone are faxes. Heart monitors that connect over phone lines to hospitals don’t work over wireless, either. And small businesses can’t process credit cards or operate cash machines without buying entirely new payment systems, as Verizon notes in its New York public filing.

Not mentioned in the article: Plain Old Telephone Service (POTS) over copper works when the power is out. Will Verizon’s wireless system? The cell towers may have battery backup or generators, but do the home receivers?

Random notes: July 4, 2013.

Thursday, July 4th, 2013

There’s an interesting article (tied to the Arizona tragedy) in today’s LAT, about the problems of investigating these incidents.

Some of them are probably obvious: these things generally happen in remote areas, and fire destroys a lot of evidence. But the main thrust of the LAT article is that a deep distrust has developed between firefighters and investigators since 2001. That year, four firefighters died in the Thirty Mile fire. The Forest Service did an investigation, and determined that there were a lot of issues with the way the fire was fought; from my reading, some of those issues were just bad luck and equipment failures, but there were also some procedural issues:

Standard safety procedures were violated. Risks were not appropriately assessed. Rest rules were disregarded.

What happened next is that one of the crew bosses was charged with manslaughter, based on that report. (The boss pled guilty to “making false statements” and served 90 days on work release.)

When federal investigators later showed up in California to look into the 2006 Esperanza fire, near Cabazon, firefighters refused to talk to investigators without union officials present, and some sought advice of lawyers.
Firefighters across the country began seeking legal counsel instead of participating in investigations into fatalities, according to congressional testimony in 2007 from Mark Rey, then an undersecretary of the Department of Agriculture who oversaw the Forest Service.
“Many of our firefighters do not want to speak freely,” he said at the time. They were also opting not to take supervisory jobs for fear of being held liable, he said.
Chockie is not surprised. “When I saw what followed after our report, I can understand why people might be much more hesitant or cautious now,” he said. “What they told us came back to them in unexpected ways.”

Safety procedures exist for reasons. And it is hard to say that people shouldn’t be held accountable. On the other hand, there’s also a very strong “do whatever it takes to fight the fire” attitude among firefighters, even if that means sometimes disregarding rest and safety rules. (And what are you going to do if it is rest time, there’s no relief, and the fire is still burning out of control? “Sorry, can’t fight that fire. On my coffee break.”) The other thing to realize is that wildfires are very volatile and chaotic situations; things can change literally in seconds. Is it fair or right to pass judgements in hindsight on the people who were there on the ground fighting the fire?

Obit watch: noted computer scientist and inventor of the mouse, Douglas Engelbart. LAT. NYT.

You, too, can have a Tony award. If you’re a “major investor” in a Tony-winning production. And you have $2,500.

Christmas in June!

Friday, June 28th, 2013

The temperature here in Austin is projected to hit 106 today. We’re not even into July yet.

What better time than now to think about Christmas?

The former president of a troubled Austin non-profit, already in jail on drug charges, has been indicted for theft from the charity he helped run. Six months after being arrested during a traffic stop, Shon Washington has been indicted for theft from a nonprofit, a second degree felony, and false statement to obtain credit, a state jail felony.

(Previously. Previously.)