Crime

Max Dunlap, the convicted killer of Arizona Republic investigative reporter Don Bolles, is seeking clemency in a hearing tomorrow. He would like to be released from his life sentence because he is 78 years old, suffering from incontinence from diabetes, and unable to walk easily due to a head injury received in prison. He was sentenced to life in prison for his role in paying two men (John Harvey Adamson and James Robison) to kill Bolles with a car bomb. Bolles died 11 days after the explosion, which took place on June 2, 1976 in the parking lot of the Clarendon Hotel in downtown Phoenix. Although Dunlap has never fingered him, it is widely believed that the hit was ordered and paid for by Arizona liquor wholesaler, land magnate, and organized crime figure Kemper Marley, who was a primary target of Bolles’ investigative reporting. (Adamson testified that Marley was behind the murder.) Not only did Marley never spend a day of his life in jail for his role in Bolles’ murder or any other crime, he has a building named after him at the University of Arizona–the Kemper Marley College of Agriculture building. He also has a building named after him at my high school alma mater, Brophy College Preparatory, called the Ethel and Kemper Marley Information Commons. He died in 1990 at the age of 83 at a beach home in La Jolla, CA. Kemper Marley employed former bootlegger Jim Hensley in one of his wholesale liquor businesses, United Liquor, which had a monopoly on liquor distribution in Arizona. In 1948, Hensley was convicted on seven counts of filing false liquor records, and was charged again in 1953, but was found not guilty that time thanks to a defense from attorney William Rehnquist, future chief justice of the U.S. Supreme Court. By 1955 Hensley had his own Budweiser distributorship. Hensley’s daughter Cindy inherited his fortune in 2000. She now shares it with her husband, Arizona Senator John McCain. The story of the Hensley fortune–and of how McCain is beholden to liquor interests–is told in a February 17, 2000 Phoenix New Times story, “Haunted by Spirits." The Arizona Project of Investigative Reporters and Editors, Inc., is a package of stories, photos, and audio about Don Bolles, who was a member of the organization. UPDATE (July 22, 2009): Max Dunlap died in prison yesterday.

Declassified documents obtained by the Electronic Frontier Foundation show that while investigating a possible conspirator in the 2005 London bombings, the FBI forced an agent to return documents obtained from North Carolina State University under normal lawful process so that they could be requested again under the USA PATRIOT Act, using a power the FBI did not have but wanted. When the second request was rejected, the FBI used another subpoena–just like the first one that had already been successful–to again obtain the documents. The purpose for this sham? So that FBI Director Robert Mueller could testify before Congress that the lack of the desired power caused a delay in obtaining these records. Sorry, Director Mueller, but this “delay” was a fraud, which means your testimony was still false (though apparently unknowingly so on his part).

An article by Philippe Sands in Vanity Fair sets out the evidence that the legal framework set out to justify aggressive interrogation techniques at Guantanamo Bay also caused the abuses at Abu Ghraib prison in Iraq, and that those responsible are guilty of war crimes. Ironically, the actions the Bush has taken to guarantee immunity from prosecution for these actions makes the case stronger for international war crimes prosecution, meaning that if any of these responsible individuals sets foot outside of the U.S., they could be at risk of seeing justice done. (Via The Daily Doubter.) ...

Marco Cova looks in some detail at the contents of some phishing scam kits targeting particular banks that were released to the public recently. These sorts of kits, containing web code, are ordinarily sold to scammers, but these were given away free. It wasn’t out of generosity, but part of a larger scam–the code was written using a variety of obfuscation techniques so that the unwary script kiddie who modifies it to send the captured information to their own email address will not receive it. Instead, that information is sent to various email addresses presumably controlled by the distributor of the scammer-scamming phishing kits.

The Miami Herald has uncovered a new Homeland Security threat–and it’s U.S. Customs and Border Protection agents that are committing crimes. Bribery, drug trafficking, migrant smuggling, embezzlement, and other crimes have become so prevalent that a senior manager has issued a memo pointing out that agents are supposed to uphold, not break the law: U.S. Customs and Border Protection is supposed to stop these types of crimes. Instead, so many of its officers have been charged with committing those crimes themselves that their boss in Washington recently issued an alert about the ‘‘disturbing events’’ and the ``increase in the number of employee arrests.’’ ...

The United States has now reached an incarceration rate of 1 in every 99.1 adults, the highest rate in the world. We’re spending an enormous amount of money to train people to be hardened criminals by throwing people convicted of nonviolent drug-related crimes into prisons with real criminals. Finland, by contrast, has one of the lowest incarceration rates in the world, which has been in place for over 30 years. There is no correlation between crime rates and incarceration rates. In my opinion, we should decriminalize drug use, get rid of mandatory minimums, and adopt a model much closer to Finland’s, where only violent offenders are imprisoned. Those who cause other kinds of harm to others should be required to make restitution to their victims. ...

On Friday, I attended the New Mexico InfraGard Member Alliance’s “$-Gard 2008” conference in Albuquerque. It was an excellent one-day conference that should be used as a model by other chapters. The conference was open to the public, and featured an informative and entertaining two-hour seminar on fraud and white collar crimes by Frank Abagnale, author of the autobiographical Catch Me If You Can and anti-fraud books The Art of the Steal and Stealing Your Identity. (Another version of Abagnale’s talk can be viewed as an online webinar courtesy of City National Bank.) Abagnale argued that fraud has become much easier today than it was when he was a criminal forger, with numerous examples, and also offered some simple and relatively inexpensive ways for businesses and individuals to protect themselves. For example, he recommended the use of microcut shredders, and observed that his own business keeps shredders near every printer, and no documents get thrown away, everything gets shredded. He recommended the use of a credit monitoring service like Privacy Guard, and that if you write checks, you use a black uniball 207 gel pen, which is resistant to check-washing chemicals. For businesses that accept cash, he recommended training employees in some of the security features of U.S. currency rather than relying on pH testing pens, which are essentially worthless at detecting counterfeit money. By recognizing where bills use optical variable ink, for example, you can easily test for its presence in the time it takes you to accept bills from a customer and transfer them into a cash register. He also recommended that businesses use bank Positive Pay services to avoid having business checks altered. ...

Arizona Republican Rep. Rick Renzi has finally been indicted, on 35 counts that include extortion, embezzlement, and money laundering. The investigation has been conducted by the FBI (working on priority #4, “combat public corruption at all levels”), the IRS, the U.S. Attorney’s office, and the Department of Justice’s Office of Public Integrity.

Police are investigating mailings of suspicious white powder, which proved to be a hoax (apparently cornstarch and wheat germ), to nineteen Church of Scientology addresses today, which led to evacuations and closures. The LAPD and FBI are both investigating. The LA Times says that “there was no evidence that Wednesday’s mailings were connected to the hacking” (“a cyber attack last week”), though I suspect the mailings were from somebody participating in the “Anonymous” “war” on Scientology. If they happen to catch the people behind the hoax, I won’t have sympathy for them. The San Francisco Chronicle reports that a married couple in Stockton were incorrectly targeted for harrassment on the belief they were pro-Scientology hackers. The Scientology main website has been moved to Prolexic Technologies, a company that sells a service to filter denial of service traffic. “Google bombing” has been used to make the Church of Scientology’s website the top Google search result for “dangerous cult” and Xenu.net the third result for “Scientology." The Economist has now reported on the battle, under the title “Fair game." The Wikipedia page on “Project Chanology” is a good place to keep up-to-date on the events of the latest Internet battles involving Scientology. ...

Today’s Washington Post reports: The FBI, which has had trouble keeping track of its guns and laptops, also has a chronic problem paying its phone bills on time, according to audit results released today. Telephone companies have repeatedly cut off FBI access to wiretaps of alleged terrorists and criminal suspects because of the bureau’s failure to pay its bills, the audit found. The report by Justice Department Inspector General Glenn A. Fine also found that more than half of the nearly 1,000 telecommunications bills reviewed by investigators were not paid on time, including one invoice for $66,000 at one unidentified field office. ...