State AG Targeting Federal Illegal Activity
This checklist implements this program.
This plan assists the State Attorney General to do what Congress refuses to do:
- Oversee
- Subpoena documents
- Review budget documents
- Conduct site visits
- Shut down illegal activity
- Communicate findings to public, and EU War crimes prosecutors
- CC: The Hague
Areas of Interest
General areas of interest to the war crimes prosecutors.
- Evidence
- Unlawful acts, prohibited workarounds
- DoD adjustments
- Difficulties in identifying DoD workarounds
- Methods to monitor, trace difficult DoD workarounds
Prohibited DoD Workarounds, Likely Violations
DoD will not likely cooperate with State level injunctions. The DoD workarounds will form other lines of evidence. The following DoD workarounds should be planned for, monitored, and party of the discovery plan.
__ Non-DoD assets to mask purchases for workarounds
__ Non-DoD entities, intermediaries, or contactors to supply, assist, or fund illegal DoD activities
__ Indirect foreign buyers on DoD behalf
__ DoD commercial entities acting as transshipment
__ Money laundering: Coordination with Treasury, Customs, DEA to transfer funds through overseas affiliated accounts to illegal activity.
__ Use of lawfully seized assets, accounts for illegal support
__ Use of DoD subcontractor overseas accounts for funds transfers
__ Overseas NAVAL Depot accounts
__ Transshipment through overseas commercial, DoD entity, DoD commercial activity, or other indirectly controlled private entity or intermediary
__ Transshipment of resources from non-illegal activity to illegal activity
__ Transfer directly from non-illegal activity to backfill losses, use, resource depletion at illegal activity at base, depot, post, installation, port, storage facility, contractor dump site.
__ Transfer of assets, finances, fuel, energy, or other resources from alternate locations, through Canada, then overseas through Great Lakes, or cross border; Customs well aware of isolated areas DoD could establish beach heads or cross-border transfer
Indicators of Illegal DOD workarounds
Some of the same indicators of corporate fraud will be relevant to a DoD effort to circumvent the Attorney General Efforts. DoD workaround will relate to adjusting fuel and energy delivery shipments to locations and facilities on the Attorney General target list:
__ Sudden infusion in local economy of funds from firms with poor track records, scant history, or unrelated to area of business
__ Construction equipment unrelated to bonafide public contract or funds
__ Surge in convoy, construction traffic in isolated border areas
__ Fuel shipments in unusual locations
__ Spikes in communication in isolated regions using military, encrypted frequencies
__ Re-routing of rail lines
__ Alternate schedule requirements, with high volume, sudden changes
Attorney General Evidence Review
__ Secure changes in DoD CPARS
__ Identify DoD program changes
__ Review program briefings
__ Identify DoD program element contract numbers in Descriptive summaries
__ Subpoena information Congress should be getting from program office
__ Identify program office, base, depot, post, installation contracting officials, POCs
DHS Data
__ Customs use of illegal transshipment points, bank accounts, overseas entities
__ Cash disbursements outside prohibited areas
__ Overseas DoD accounts used to purchase blocked, prohibited, or illegal material, resources, or reserves
__ Training locations, sites of illegal activity
Facilities
__ DoD logistics support centers providing direct or indirect support to illegal activity
__ DoD commercial contractors providing illegal training
__ DoD Command HQ providing oversight, organization, direct, plans, and other illegal support for war crimes planning
__ Coal transfer sites
__ Water purification support
__ Maintenance support facilities
__ Technical writing facilities
__ Training facilities
__ Software engineering, human factors
__ Packaging centers
__ DoD Depots
DoD Workarounds
DoD will attempt to thwart the State-level injunctions, and prosecutions.
__ Illegally diverting resources from civilians to illegal military activity
__ Shifting resources from non-targeted facilities to illegal activity.
__ Rerouting rail-coal deliveries through non-direct rail lines.
__ Shipment through Great lakes
__ Transfer grid energy from Canada
__ Panama
DoD Bottlenecks: Discovery Goldmines for State Attorney General
__ Inability to transition from current maintenance level concept to multi-level maintenance concept
__ Difficulty in timely transitioning
__ Reliance on records, data, and electronic storage for scheduling, coordination
__ Entrenched business practices, inflexible to lawful solutions
__ Entrenched training models linked with unlawful assumptions
__ Command guidance linked to unlawful DoJ/AG staff assumptions
Injunction, Court Orders
__ Identify contracts to review, cancel
__ Identify DoD, DoJ installations to target
__ Identify DoD installation commander directing illegal backfilling
__ Identify fuel/coal shipment times, diversions to illegal activity
__ Identify transshipment points
__ Discuss with overseas warrant reviews [EU, SWIFT]
__ Estimate contribution to illegal activity
__ Target: Finances, resources, personnel, and material.
__ Injunction requirements fulfilled
__ Shut down e-mail accounts connected to illegal activity
__ Direct BIS and Fund wires to shut down/freeze all cabinet member financial accounts, wire transfers, checking, overseas trust accounts.
__ Target Cheney's funding. Seize assets and holdings in European bonds.
Discovery
__ Software uploads
__ Workarounds
__ Identify IP, ISPs connected with US Treasury, DFAS
Indicators
Emerging Lines of Evidence
There will be new lines of evidence each time DoD adjusts to circumvent the plan.
__ Customs, DoD overseas front entities as transshipment points for cash, resources, and contracts.
Indictment Information
Options
__ Venezuela has promised alternative lines of fuel
Public Direction
__ Report all illegal transfer from civilian to military uses
__ Observe and report outrages by military and contractors against civilians
__ Identify military convoys, commanders, personnel imposing force on civilians
__ Report military seizing civilian goods
__ Report unexpected shortages of dual-use (military-civilian) goods
__ Report Geneva violations to Media, local law enforcement, and State Attorney General
Media
__ Report fund transfers, unusual ground traffic
__ Examine changes in fuel, truck routes
__ Identify the paths around port, base, depot, post, installation
__ Identify threats against utility power workers, water purification teams
__ Report cash withdrawals by DoD personnel
__ Identify link to US government commercial entities
__ Monitor source of funds, cash transfers
__ Monitor effects of US government to use non-electronic methods of funds transfer, lines of credit
__ Determine how DoD is providing data to Attorney General on fund transfers, changes in shipment times, and other contract modifications
Finances: Issues for the State Attorney General injunction, subpoena
These are preliminary steps when targeting alleged war criminals in either the House or Senate. This information will identify the funding for specific programs, activities, contractors. Results to be provided to war crimes prosecutor.
__ Foreign assets
__ Source of funding
__ Funding to target, shut down, freeze
__ DoD Program Element source
__ DFAS accounting, budget data
__ BIS, FED Fund wire transfer data
__ Monitoring accounts: Closures, new activity, new sales
__ Monitoring change of address, transfer, new account openings
__ Presume all changes are related to illegal effort to thwart state prosecutors
Targeting Member of Congress Financial Data For Injunction
Preparation list when freezing Member of Congress communication, finances, and other information. Intended to ensure Member of Congress is unable to use illegal funds, or continue activity while subpoena prepared. Information and analysis to be provided to war crimes prosecutors.
__ Personal address
__ Identify cell, fax, private e-mail, communication systems
__ Taxpayers ID
__ Identify banking, financial institutions
__ Identify account numbers
__ Funds available
__ Trust
__ Real estate holdings
__ Credit card numbers
__ Congressional associates, bank numbers, campaign accounts
__ DFAS accounting numbers
__ Program elements Member of Congress associated
Coordination With Investment Banks
__ Freeze funds
__ Refuse wire transfers
__ Hold funds until approved through AG office
__ Identify account numbers of Members of Congress, DFAS
__ Forward summary report to Attorney General for Court injunction
__ Banking filings
__ Travel documents, invoices, shipment codes
__ Inspection reports of waterways, coastal areas, rivers
Preliminary Steps Just Prior to Arrest
__ Freeze Member of Congress assets, cash, payments
__ Freeze credit cards, checks
__ Change all account passwords with consent of Court
__ Instructions to all tellers, account managers, and data fields in instructional notes: Wire transfers will not be accepted, mortgage payments frozen, school loan payments frozen, all funds for trust accounts inaccessible. No new accounts possible. No other information.
__ Monitor post-freeze activity, pseudonyms, and communication with associates, neighbors, family members, colleagues.
__ Ensure sufficient overtime budget available for monitoring, audio/visual recording, and transcription services.
Entrenched Illegal Assumptions Within DoJ and DoD
These legal assumptions will give state level investigators ideas on other modes DoD and DoJ will use to circumvent the court and Attorney General Investigation. See the FY06 Intelligence Budget Analysis.
__ Entrenched Addington-Gonzalez approach to legal issues at odds with Statutory requirements
__ Disregard for rules
__ Assertion of Presidential power without regard to rules, requirements, ministerial duties, oath of office, Constitution, treaty requirements
__ Illegal justifications to violate treaty, Constitution, statute, ministerial duties
__ Unreasonable, unlawful explanations why clearly promulgated rules, procedures, or other sound business practices do or do not apply.
__ Unreasonable assumptions, acceptance that there exists no lawful oversight by the States, Attorney General
__ Unreasonable, unlawful presumption that State Attorney General has no basis to review unlawful DoD operations
__ Unreasonable assertions that personnel, situations, plans, events, operations, organizations are outside State AG review
__ Invalid exceptions to state laws
__ Illegal assertion that combat operations trumps Constitution
__ Illegal presumption that due process, State AG, or other State level oversight is not applicable
__ False assertions that State AG has no legal protection or justification for action
__ Illegal assertion that state level officials must accept without question DoD conclusions without claim, question, remedy, or challenge
__ False assertion that State officials have no legal standing to establish probable cause
__ Illegal assertion that Article III judicial review, State AG investigations are not applicable to illegal DoD activities within the State
__ Unreasonable assertions that war-related activities are always permissible, regardless the legality or illegality of that conduct
__ Unconstitutional assertion of broad, expansive Executive power without regard to narrow powers which State Attorney Generals can review relative to state law
__ Illegal assertion that President can do anything without any interference by State attorney General
__ Illegal and unenforceable assertion in planning memos, DoJ Memoranda that State requirements, standards, policies, and requirements do not apply and can be ignored
__ Illegal assertion that a DoD-contractor agreement, when classified secret, cannot be reviewed by State Attorney General when that agreement violates State law, US Constitution, and criminal statutes within the state.
__ Illegal assertion that a privacy agreement is always enforceable, even when that privacy agreement is unconstitutional, undermines the Constitution, trumps the Article III powers of Judiciary, or illegally ignores an Article I power of Legislature to define what is or is not legal
__ Illegal assertion by Executive that his signing statement trumps Article I and Article III powers of Legislature and Judiciary respectively
__ Illegal assertion that unlawful activity can be classified, when it cannot
__ Illegal assertion that a classified program, connected to illegal activity, is beyond discovery, when it remains fully discoverable
__ Illegal assertion that unlawful activity is subject to executive privilege, despite that activity being publicly disclosed, connected to fraud, or is unrelated to a lawful/Constitutional objective
__ False restatement of Geneva
__ Incorrect assertion that an agreement does meet the requirements, but it illegally permits unlawful behavior and conduct which falls well short of Geneva
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