Month: July 2022

bookmark_borderAccused: Guilty Or Innocent?

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If you’re interested in seeing how our “justice” system actually works. Check out this A&E series. It follows the accused until, most times, they take a plea deal. On this show, many times you’ll be yelling at the screen because they’re only pleading guilty because of the chance that they may not be acquitted at trial. This is mostly because of the prosecutorial misconduct of overcharging that has become commonplace.

As you can read on this blog, my case was no exception of this government misconduct, charging me initially with 2 crimes in Nebraska, then a little over 2 years later charging me with an additional 4 crimes in the Western District of NY to try to coerce a plea deal and perhaps more importantly conceal the conspiracy the government began with regard to their NIT on November 7, 2014.

It’s a good show and I recommend it if you’re having trouble accepting the injustice of my case…

bookmark_borderMy Narrative vs. The Gov’t Narrative

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MY NARRATIVE:

1) The government fraudulently obtained an invalid (NIT) search warrant and used it to fabricate evidence of a TB2 visit by my IP on November 18, 2012. (I believe they got my IP from illegal activities they were engaged in during 2012 & 2013) They then used that falsified evidence to obtain a John Doe indictment solely based on that fabricated visit on March 20, 2013 in Nebraska (Where TB2’s server was located).

2) The government then used that fraudulent indictment to obtain John Doe search & arrest warrants for the user of my IP at my house.

3) As mentioned in a previous post, the government agents improperly executed their warrants on April 9, 2013 by failing to “knock and announce”. This failure strongly indicates malfeasance. In other words, if they had faith in the validity of their warrants, why would they conceal their existence and try to obtain my consent for a search? The answer is – obviously – that they didn’t have much confidence in their legitimacy.

4) While improperly executing their search warrant the FBI agents planted evidence as justification to execute their arrest warrant. (Without that planted evidence they wouldn’t have been able to arrest me on April 9, 2013) The weakness of this evidence has been discussed in a previous post and will be rehashed below during the gov’ts narrative.

5) When the fraud of the TB2 visit was in danger of being exposed – on November 7, 2014 – the government embarked on a conspiracy to conceal their misconduct.

6) The first act of their Conspiracy occurred under the radar for the first two years of the prosecution and wasn’t fully exposed until the government’s second operation against contraband websites. The warrant they obtained to execute their NIT was “void ab initio”; that means that the magistrate that issued it had no authority to issue the warrant – meaning that it was invalid. I suspected this to be the case in April of 2014 and asked my Attorney via e-mail “Can a magistrate in Nebraska issue a warrant to search a computer in NY?” He ignored my April 2014 question. My case had 14 defendants with 14 supposedly competent lawyers, who all looked at the NIT warrants and didn’t notice they stated that they were for “Nebraska and elsewhere”.

This was NOT a coincidence; because, if any of those lawyers had asked that question in 2014, the government would not have been able to claim “good faith” when they used a similar “void ab initio” warrant during the subsequent playpen operation (2015) where every attorney challenged the NIT warrant. In the end it was deemed “invalid” BUT the FBI was forgiven since they claimed to have a “good faith” belief that the warrant was valid. (Unfortunately, only one appellate judge appears to have noticed that this “good faith” claim was nonsense)

So now we have the first motive for their conspiracy, the government wanted to conceal the use of invalid warrants to prosecute dark web contraband websites. In sum, if Operation Torpedo (my case) had challenged the invalid NIT warrant Operation Pacifier would have been forbidden.

7) The next act of their conspiracy was to sell the nonsense that their NIT was just a flash application. This deception was required to conceal the fact that TB2’s “logs” were fabricated and contained falsified information. As explained in other posts, Operation Torpedo was about using any means necessary to arrest and prosecute Tim Defoggi. The NIT didn’t work against Defoggi so we don’t know what software ran Pedobook. Pedoboard ran on PHPBB software, which issues session ids to clients and tracks their activities in various logs; BUT, TB2 ran on Tinyboard software and it doesn’t issue session ids to clients nor track their activities. That’s a big problem because the Federal Rules of Evidence do not allow computer logs to be created for prosecution. Thus the second motive for their Conspiracy was to conceal that the TB2’s logs were both fabricated and falsified.

8) The third part of their conspiracy was the most difficult because it required defense experts who would join their conspiracy. My first expert was Rich Hoffmann. He noticed the problem with my NIT report immediately. So he was soon off the case and the government “poisoned the waters” between me and my attorney by showing him the totally irrelevant – to the matter at hand – images that were on TB2. That got us into a heated argument about the irrelevance of those images and drove a wedge between use because I had strong circumstantial evidence that the government had fabricated and falsified the NIT evidence.

9) They (the government and my lawyer) found three shills to produced a January 2015 report for the wrong server (Pedoboard) instead of the right server (TB2). The only way I knew that they had examined the wrong server was because the code snippets they provided were obviously (to me) PHPBB code. I knew that this code could not produce the session ids in my report. I believe that this is strong circumstantial evidence that My attorney (and the shills) joined the government’s conspiracy because my lawyer then used their bogus report as justification to withdraw my Daubert challenge to the NIT.

Therefore, this first report was an explicit attempt to suppress the truth about the NIT on TB2. Naturally, I was furious and fired my attorney to fire the shills. (Since my lawyer and the shills were being paid for by the court, we actually had to make a motion to the court to remove him and assign another attorney.) Once my new attorney was assigned, I told him to fire the shills and hire Dr. Rebecca Mercuri’s team. My numerous requests fell on deaf ears and I was forced to use the shills to examine the correct server in June of 2015. That report was a convoluted mess of contradictions. They stick to their nonsense that the NIT was just a flash application while exposing that it was actually gallery.php, gallery.swf & cornhusker.py. Galley.php loaded gallery.swf with javascript. That is significant because I assumed they must have used javascript to falsify my visit to TB2. (Pedoboard didn’t use javascript to load gallery.swf) In a previous post I documented my attempt to get the two main shills to address their participation in the conspiracy. (I also sent JOSH STROSCHEIN several missives and he, so far, has ignored me.)

10) The conspiracy is confined to TB2. The pedoboard prosecutions appear to be based on legitimate evidence (PHPBB logs) that was obtained with an invalid warrant. TB2 prosecutions, however, were based in illegitimate evidence (as proven by my new expert report on Tinyboard – the software TB2 ran on) because Tinyboard doesn’t have a visitors table, doesn’t issue session ids to clients and doesn’t track user activity. The government, as corrupt as ever, still will not admit their egregious misconduct and as mentioned above the shills aren’t talking.

GOVERNMENT NARRATIVE:

1) On November 18, 2012 my IP visited TB2 for 10 minutes and viewed about 30 illegal images.

2) On March 20, 2013, the government obtained an indictment against a John Doe using that IP that accuses “him” of viewing and attempting to receive those 30 images.

3) On April 9, 2013, the government used that indictment to obtain John Doe search and arrest warrants for my IP and my house. They then improperly executed those warrants.

4) On or about December 2013, the government agrees that it improperly executed those warrants BUT my attorney shouldn’t pursue the matter because they promise not to use any of that evidence at trial. (“That evidence” are files in unallocated space that must be carved to be viewed)

5) On or about April 20, 2014 the government admits it failed to give proper notice of the NIT warrant BUT it’s not a severe violation so the court should just ignore the violation. (The Court agrees in October of 2014)

6) NIT discovery begins in January of 2015. The shills produce a report for the wrong sever. I move to fire both them and my attorney. I get a new attorney in February 2015, Daubert discovery was on hold while he hires new experts.

April 20, 2015 government gets an indictment in the WDNY solely to intimidate me into stopping NIT discovery. Their attempt fails, but for reasons NEVER explained to me, I was forced to use the shills to examine right sever. Their June 2015 report reveals all of the government’s fraud BUT everyone – except me – ignored the facts.

7) The government claims from November of 2014 until present that the NIT was just a flash application AND the government failed to preserve the flash source file; BUT, that’s OK because you can reverse engineer it. The shills and the court agree with this nonsense and on August 3, 2015 I’m coerced into a condition plea that same day.

Over the next 4 months I try to withdraw me plea, because I believe that a fraud occurred when the government, and my experts, made materially false statements to me regarding TB2, with the goal of coercing me into taking a conditional plea.

8) On December 16, 2015 a hearing was held to determine if I would be allowed to withdraw my coerced plea, based on the fact that Tinyboard doesn’t have a visitors table, issue session ids to client or track user activities in any way. AND that is was clear from the record that all of the evidence for both indictments were either inadequate or inadmissible. The court ignores these facts and refuses to allow me to withdraw my plea.

bookmark_borderSo Corrupt

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I cannot say that I have faith in the Justice System. They, judges, seem to just rubber stamp whatever the authorities say without skepticism. And the lawyers that are supposed to be on your side, just “go through the motions” of “protecting” your constitutional rights, without looking at the case with any skepticism either.

As I’ve documented on this site, I’ve proven that I was railroaded and that the evidence against me was both fraudulent and inadequate. Gotta keep on, keeping on I guess. I’m now fighting in 4 court systems, 8th Circuit (Habeas Case No. 22-2050), 2cd Circuit (appeal), Western District NY Federal Court (motion) & NY State Court (SOR).

The latter is the most frustrating as their whole case was based on the absolute perjury that was contained in my “Pre-Sentencing Report” – even though the federal courts (all of them) disregarded it. This is literally insane!

No-one (judges & government authorities) seems to understand that I was convicted and sentenced for viewing contraband on November 18, 2012 for about 10 minutes (Nebraska Count 2). The government has never proffered what evidence actually supports the WDNY Count 1 conviction with any specificity. Notably, NE court sentenced me on the WDNY count identically (and concurrently) with NE Count 2 without any explanation…

bookmark_borderDread & Frustration

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Ever heard the phrase “I’m sick of being sick and tired”? That describes most of my days. I’m so sick of the POS harassment officer being able to harass me. I’m sick of the shills (lawyers & experts) ignoring my questions, which makes it difficult to substantiate my railroading.

This is not a complicated case. A fraud occurred when the government, and my shill experts, made materially false statements regarding TB2, with the goal of coercing me into taking a conditional plea. All the perpetrators appear to silently acknowledge that this is what happened. This is the only reason that I can conjure to explain why they all ignore my very specific questions.

As I’ve explained in other posts, ALL of the evidence against me is fraudulent or insufficient. I now have an expert report that proves – beyond a reasonable doubt – the the sole evidence for the TB2 visit were fabricated and falsified computer logs. This means that the evidence for the initial (and only alleged) visit to TB2 was fraudulent.

That fraudulent evidence was then used to obtain an indictment with perjury about that fraudulent evidence. That fraudulent indictment was then used to obtain search and arrest warrants for my house and me. Those fraudulent warrants were then used to plant evidence and arrest me.

By the time I uncovered the conspiracy against me it was too late. On December 16, 2015 I tried to withdraw my coerced plea and was denied for undisclosed reasons.

bookmark_borderRailRoaded Part 2

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First, To really understand my railroading you must read the 8th Circuit appeal decision regarding US vs. Defoggi (Case No. 15-1209).

The 8th Circuit – without comment – documents the lengths to which the government went to uncover, arrest and then convict a very bad man named Timothy DeFoggi and it reads like a spy novel.

In sum, Tim had several aliases he used to communicate with various individuals about legal and illegal topics. Tim had many legal contacts because he was the “acting” director of cyber security for the US Department of Health and Human Services. Tim also had many illegal contacts regarding his sexual interest in young boys. According to court documents in the Aaron McGrath case – On November 15, 2012 the FBI seized 3 servers (owned by McGrath) that they mysteriously found after allegedly getting a tip from a foreign government. These 3 servers hosted 3 illegal websites named PedoBook, PedoBoard & TB2 in Nebraska.

After seizing his servers the FBI ran them for about 3 weeks to try to determine their users. To this end, the FBI used a “Network Investigation Technique” (NIT) and obtained an invalid warrant in “good faith” to deploy it. (See playpen litigation if interested in the illegality of the NIT Warrant. This topic is more complicated than the playpen litigation because the DeFoggi operation was the NIT’s first use; BUT, none of the attorneys involved asked the question: “Can a Magistrate in Nebraska issue a warrant for NE and elsewhere?” In 2012 that answer was “NO.”, so none of the attorneys asking this question suggests conspiracy.)

Anyway, according to the 8th Circuit, Tim registered on McGrath’s Pedobook on March 2, 2012 with the username “fuckchrist” and the display name “ptasseater”. (Note those two highly identifiable names as you read on.) And this is where things get interesting. First, according to the 8th Circuit’s account, the dates don’t match up. They say he created his Pedobook account on March 2, 2012 but they recite that the FBI’s warrant affidavit states he created the account on or about April 18, 2012. They then say the FBI used Pedobook’s logs to document all the illegal activity conducted by “fuckchrist” on Pedobook. Next, they recite how the FBI connected Timothy to that username and it is, IMO, not technically credible.

Again, in sum, the NIT – allegedly installed on Pedobook – did not work against Tim. So there was no “direct” link from Tim to that site. The court accepted the dubious contention that the FBI connected Tim to these aliases without skepticism. I’m skeptical because the FBI’s claims are technically incredible. They claim that another person under investigation had provided them with information about a person who went by the name of “Jeff” on a site called boylover.net AND that this “Jeff” person used a variety of e-mail addresses including “ptasseater@hotmail.com”. The FBI then used the IP address associated with that hotmail account to get a wiretap on it. The court then recites that the FBI’s informant also provided them with a cell phone number for “Jeff” and told them he had personally met him. The informant then went “undercover” for the FBI and met with Jeff in person. During that meeting – under FBI surveillance – Jeff admitted that his real name was Tim, and that he worked in DC, and that he had a security clearance, and had a boyfriend. The FBI claims to have also had an undercover employee working on Pedobook who was talking with “fuckchrist” and he told him the times he’d be “online” and that his tor-mail account was fuckchrist@tormail.org.

So let’s break this down. According to court documents, on October 26, 2012 the FBI obtains a warrant to deploy malware against Aaron McGrath after a foreign country locates the actual IPs of the three TOR servers in Nebraska and tells the FBI. Again, according to court documents, this malware was serendipitously installed by undisclosed means. As a result of this operation, Aaron McGrath’s servers were seized on November, 15, 2012. The FBI then obtained “void ab intio” warrants in “good faith” to install malware on his three servers to identify their users. This operation was called “Operation Torpedo” and netted the government 15 suspects. However, as mentioned above, their malware – called the NIT – didn’t work against Defoggi’s computer, yet somehow he was arrested on April 9, 2013 with all the other suspects.

I described how my arrest went down in a previous post. Defoggi’s was quite different. According to the 8th Circuit, Tim’s arrest went down like this: they used a wiretap and waited for his IP to be on TOR (that’s all the wiretap could provide because of TOR’s encryption) at the time that “Jeff” told the FBI informant that he’d be online. They then burst into his house and forcibly pulled his laptop from his hands. Upon examination, it contained evidence linking him to those unfortunate aliases and other incriminating evidence.

Now, with all that background, we can discuss how this relates to my railroading. It is my position that the FBI breaks the law to enforce the law, which should be illegal but thanks to various SCOTUS decisions, is mostly legal. (See “pretextual” traffic stops) And when you break the law to enforce the law, – aka the end justifies the means law enforcement – you lose all credibility and morality. (For the most glaring example of this, see the Baltimore Police Department) And that’s how people get railroaded. Many people believe that our government is corrupt, but somehow those same people think that the DOJ is somehow exempt from that corruption, obviously they’re wrong.

The first sign of government corruption, is the refusal to answer questions. This has happened in my case numerous times. Several times in 2014 & 2015, I asked my attorneys “Can a Magistrate in Nebraska issue a warrant to search a computer in NY?” They all ignored the question. When I asked them after the 2016 Playpen rulings – that decided that the answer to my question was NO! – none of them replied. I asked my 3 shill experts [these] 6 questions and they all refused to answer; one said it wasn’t her fault, another said “don’t contact me again” and the other ignored me. I asked one lawyer, Mr. Howard, why he didn’t fire the shills and hire Dr. Mercuri – no reply. I asked another why he challenged the NIT – in a case he handled after mine – on the Magistrate issue and he said he wouldn’t answer my questions unless/until a court ordered him to do so.

The second sign of corruption is lying to avoid defeat. As explained in previous posts, my case was over in November of 2014 when I challenged the NIT based on two anomalies I found in the NIT report used to indict me. On page 2 of the report it shows two session ids that are different when they should be the same. It also shows that the referring page is the same as the current page. Both anomalies indicated fraud. Mr. Becker should have dropped all charges against me at this point, but because he’s corrupt he chose to lie when attempting to explain these two anomalies. When called on his lies, he doubled down instead of folding.

This kind of corruption is the most heinous in my opinion, not just because of what it’s done to me, but because it’s a flagrant abuse of power. If respected government agents lie to a court during a Criminal proceeding, it’s Kafkaesque. How do you fight government lies? Especially when the experts supposed to be on your side are lying in concert with the government. I understand that the technology at the center of this case is complex to “lay people” BUT it’s NOT complex for computer experts as skilled or higher skilled than I. And the things that both parties lied about in my case are so obviously lies, I cannot fathom how my case is still valid. (Something the 8th Circuit should rectify soon). The lies are so obvious to tech people that I can only explain them by conspiracy.

The first lie is absurd on its face – well technically absurd -; they claimed that “the NIT was a flash application”. Simple logic proves this incorrect, as at a minimum, three parts would be required for the NIT to identify the actual IP address of a TOR user. This lie was needed to further the government’s false narrative and hide the fact that, in the case of TB2, the government lied to the grand jury about the admissibility and veracity of the NIT evidence. In other words, the NIT, in the case of TB2 didn’t provide any evidence of a crime and any testimony claiming that it did was perjury.

The next lie was more subtile. The government claimed that TB2 issued session ids to clients & tracked visitor activity in logs. Both claims were blatant lies BUT they were supported by my experts. Because of their misconduct I now refer to them as government shills (“shills”). As the “new” expert report now before the 8th Circuit proves; TB2’s software (Tinyboard) doesn’t issue session ids to clients or track their activity in any way.

The third lie was their most credible upon first glance but falls apart upon close inspection. They claimed to have found “suspected” images on two devices out of the seventeen they stole from me on April 9, 2013. First problem with this claim is that both devices are the operating system drives for the computers in question. The next problem is that MOST of the SUSPECTED images are in locations inaccessible to humans without special software. In other words, you cannot see them without forensic software AND the ability to carve them out of unallocated space. The remaining images were discussed in a previous post, i.e. planted by the FBI forensic tech while at my house on April 9, 2013. (Note these additional “images” are ALL thumbnails in a hidden directory created by the linux operating system in Adama’s somehow unencrypted home directory. According to the FBI ALL the thumbnails have meta data that indicate the images they represent were are on a truecrypt volume that the FBI did not find.) Therefore the suspected images are not credible, considering the FBI didn’t describe a single image. The only government agent to describe an image regarded my stolen PS3, which had a picture of Yoona on it. They described her as an asian female of 16 or 17 years old. That, of course was perjury. Yoona in the picture in question was 23 years old. That claim alone proves they have no idea what they’re talking about when it comes to the actual ages of women in images.