AP Blames FBI for Few Warning on Fancy Bear Hacks

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While much of the global hacking came to a scandal status in 2015-16, the Russian ‘Fancy Bear’ activity goes back to at least 2008. The FBI is an investigative wing and works in collaboration with foreign intelligence and outside cyber experts. For official warnings to be provided to U.S. government agencies, contractors, media or political operations, the FBI will generally make an official visit to affected entities to gather evidence. The NSA, Cyber Command and the DHS all have cyber experts that track and work to make accurate attributions of the hackers.

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The Department of Homeland Security is generally the agency to make official warnings. The Associated Press gathered independent cyber experts to perform an independent study and is ready to blame the FBI for not going far enough in warnings.

When it came to the Clinton presidential campaign hack, the FBI made several attempts to officials there and were met with disdain and distrust. The FBI wanted copies of the ‘log-in’ files for evidence and were denied.

In part the AP report states:

“CLOAK-AND-DAGGER”

In the absence of any official warning, some of those contacted by AP brushed off the idea that they were taken in by a foreign power’s intelligence service.

“I don’t open anything I don’t recognize,” said Joseph Barnard, who headed the personnel recovery branch of the Air Force’s Air Combat Command.

That may well be true of Barnard; Secureworks’ data suggests he never clicked the malicious link sent to him in June 2015. But it isn’t true of everyone.

An AP analysis of the data suggests that out of 312 U.S. military and government figures targeted by Fancy Bear, 131 clicked the links sent to them. That could mean that as many as 2 in 5 came perilously close to handing over their passwords.

It’s not clear how many gave up their credentials in the end or what the hackers may have acquired.

Some of those accounts hold emails that go back years, when even many of the retired officials still occupied sensitive posts.

Overwhelmingly, interviewees told AP they kept classified material out of their Gmail inboxes, but intelligence experts said Russian spies could use personal correspondence as a springboard for further hacking, recruitment or even blackmail.

“You start to have information you might be able to leverage against that person,” said Sina Beaghley, a researcher at the RAND Corp. who served on the NSC until 2014.

In the few cases where the FBI did warn targets, they were sometimes left little wiser about what was going on or what to do.

Rob “Butch” Bracknell, a 20-year military veteran who works as a NATO lawyer in Norfolk, Virginia, said an FBI agent visited him about a year ago to examine his emails and warn him that a “foreign actor” was trying to break into his account.

“He was real cloak-and-dagger about it,” Bracknell said. “He came here to my work, wrote in his little notebook and away he went.”

Left to fend for themselves, some targets have been improvising their cybersecurity.

Retired Gen. Roger A. Brady, who was responsible for American nuclear weapons in Europe as part of his past role as commander of the U.S. Air Force there, turned to Apple support this year when he noticed something suspicious on his computer. Hughes, a former DIA head, said he had his hard drive replaced by the “Geek Squad” at a Best Buy in Florida after his machine began behaving strangely. Keller, the former senior spy satellite official, said it was his son who told him his emails had been posted to the web after getting a Google alert in June 2016.

A former U.S. ambassador to Russia, Michael McFaul, who like many others was repeatedly targeted by Fancy Bear but has yet to receive any warning from the FBI, said the lackluster response risked something worse than last year’s parade of leaks.

“Our government needs to be taking greater responsibility to defend its citizens in both the physical and cyber worlds, now, before a cyberattack produces an even more catastrophic outcome than we have already experienced,” McFaul said. Read the full article here.

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***

Every organization has a Chief Technology Officer, even small business has a ‘go-to’ person for issues. To be in denial there are any vulnerabilities is reckless and dangerous. To assume systems are adequately protected against cyber intrusions is also derelict in duty.

Fancy Bear is listed as APT 28. APT=Advanced Persistent Threat.

APT28 made at least two attempts to compromise Eastern European government organizations:
•
In a late 2013 incident, a FireEye device
deployed at an Eastern European Ministry of
Foreign Affairs detected APT28 malware in
the client’s network.
•
More recently, in August 2014 APT28 used a
lure (Figure 3) about hostilities surrounding a
Malaysia Airlines flight downed in Ukraine in
a probable attempt to compromise the Polish
government. A SOURFACE sample employed
in the same Malaysia Airlines lure was
referenced by a Polish computer security
company in a blog post.
The Polish security
company indicated that the sample was “sent
to the government,” presumably the Polish
government, given the company’s locations and visibility.
Additionally:
Other probable APT28 targets that we have
identified:
•
Norwegian Army (Forsvaret)
•
Government of Mexico
•
Chilean Military
•
Pakistani Navy
•
U.S. Defense Contractors
•
European Embassy in Iraq
•
Special Operations Forces Exhibition (SOFEX)
in Jordan
•
Defense Attaches in East Asia
•
Asia-Pacific Economic Cooperation
There is also NATO, the World Bank and military trade shows. Pure and simple, it is industrial espionage.
MALWARE
Evolves and Maintains Tools for Continued, Long-Term Use
•
Uses malware with flexible and lasting platforms
•
Constantly evolves malware samples for continued use
•
Malware is tailored to specific victims’ environments, and is designed to hamper reverse engineering efforts
•
Development in a formal code development environment
Various Data Theft Techniques
•
Backdoors using HTTP protocol
•
Backdoors using victim mail server
•
Local copying to defeat closed/air gapped networks
TARGETING
Georgia and the Caucasus
•
Ministry of Internal Affairs
•
Ministry of Defense
•
Journalist writing on Caucasus issues
•
Kavkaz Center
Eastern European Governments & Militaries
•
Polish Government
•
Hungarian Government
•
Ministry of Foreign Affairs in Eastern Europe
•
Baltic Host exercises
Security-related Organizations
•
NATO
•
OSCE
•
Defense attaches
•
Defense events and exhibitions
RUSSIAN ATTRIBUTES
Russian Language Indicators
•
Consistent use of Russian language in malware over a period of six years
•
Lure to journalist writing on Caucasus issues suggests APT28 understands both Russian and English
Malware Compile Times Correspond to Work Day in Moscow’s Time Zone
•
Consistent among APT28 samples with compile times from 2007 to 2014
•
The compile times align with the standard workday in the UTC + 4 time zone which includes major Russian cities such as Moscow and St. Petersburg
FireEye, is a non-government independent cyber agencies that has performed and continues to perform cyber investigations and attributions. There are others that do the same. To blame exclusively the FBI for lack of warnings is unfair.
Hacking conditions were especially common during the Obama administration and countless hearings have been held on The Hill, while still there is no cyber policy, legislation or real consequence. Remember too, it was the Obama administration that chose to do nothing with regard to Russia’s interference until after the election in November and then only in December did Obama expel several Russians part of diplomatic operations and those possibly working under cover including shuttering two dachas and one mission post in San Francisco.

What the Uranium One Documents Reveal

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Our Operations

Uranium One is engaged through its subsidiaries and joint ventures in uranium production, and in the exploration and development of uranium properties, in Kazakhstan, the United States, Tanzania and elsewhere. Uranium One is focused on low cost and low technical risk operations, with existing, near and medium-term production visibility in some of the world’s largest uranium resource jurisdictions.

Uranium One is a joint venture partner with JSC NAC Kazatomprom, the Kazakhstan state-owned atomic energy company, in six major producing uranium mines in Kazakhstan – Akdala, South Inkai, Karatau, Akbastau, Zarechnoye and Kharasan. The company also operates the Willow Creek uranium mine in Wyoming, and is the operator of, and owns a 13.9 percent interest in, the Mkuju River uranium development project in Tanzania.

Uranium One’s revenues are largely derived from the sale of uranium concentrates. The company sells its uranium to major nuclear utilities in Russia, Europe, North America, South America, Middle East and Asia.

***

This was an internal coup advanced by the Obama administration. What is worse, where are those Hillary, State Department of CFIUS or White House related emails?

***

William Campbell, the FBI informant, documented for his FBI handlers the first illegal activity by Russians nuclear industry officials in fall 2009, nearly a entire year before the Russian state-owned Rosatom nuclear firm won Obama administration approval for the Uranium One deal, the memos show.

Evidence gathered by an FBI undercover informant conflicts with several media reports as well as statements by Justice officials concerning the connections between a Russian nuclear bribery case and the Obama administration’s approval of the sale of uranium One to Russia’s state-owned Rosatom nuclear company. More here.

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During Campbell’s time working as a confidential informant, he was required by the Russians to launder large sums of money to financial institutions in Cyprus, Latvia and Seychelles. With Campbell’s help the FBI uncovered an extensive money Russian nuclear money laundering apparatus and Campbell was working solo. He was required to launder money, from his own salary, on particular days and times when Russian money handlers would be working at the banks. If he missed a scheduled pay time for any reason his Russian counterparts would threaten him, he told his attorney. He was also required on many occasions to deliver cash directly to those who were being paid off, most of which he recorded on hidden cameras for the FBI.

It didn’t end there. In order to keep his cover he spent many nights with his Russian counterparts drinking, collecting information and more importantly gaining their trust. He was in his early 60s and his once unblemished driving record ended with a DUI in 2008 and two other reckless driving charges in 2010 and 2012, said Toensing, who noted they were all misdemeanors.

THE PLAYERS

The cast of characters deep within the Russian nuclear agency also included another American businessman named Rod Fisk, whose company Transportation Logistics International, also known as TLI,  was the primary transport company for Russian enriched uranium sold to the United States.

Fisk passed away in 2011, and his Vice President Daren Condrey replaced him. In 2015, Daren Condrey, of Maryland, pleaded guilty to conspiring to violate the Foreign Corrupt Practices Act (FCPA) and conspiring to commit wire fraud, according to the DOJ.

Adding to the colorful array of Russian criminals the FBI was watching, was a Russian national named Vadim Mikerin. He was then a top official of the Russian nuclear arms subsidiary Tenex. Mikerin, who had close ties to elite members of the Kremlin, and who bragged in emails and documents about his families connections to current Russian President Vladimir Putin, would later become president of Tenam, the American subsidiary that began operations in 2010, according to the contract. Boris Rubizhevsky, another Russian national from New Jersey,  who was  president of the security firm NEXGEN Security, also pleaded guilty in 2015, to conspiracy to commit money laundering.  He served as a consultant to TENAM and to Mikerin. He was sentenced to prison last week along with three years of supervised release and a $26,500 fine, according to a recent Reuters report.

Mikerin was eventually arrested for a racketeering scheme that dated back to 2004, and included fraud, extortion and money laundering. But he only plead guilty to money-laundering. He was sentenced to 48 months in prison in December 2015. More here.

Vadim Mikerin (image from flickr.com by Tenam USA) / Flickr

 

Here are five revelations from those documents reviewed by The Hill:

Russia saw its purchase of Uranium One as part of a strategy to dominate global uranium markets, including making the United States more dependent on Moscow’s nuclear fuel.

Documents the informant gave the FBI clearly show that the purchase of Uranium One was seen by Russia and its American consultants as one tool in a strategy to “control” the uranium market worldwide. In the United States, that strategy focused on securing billions of new uranium contracts to create a new reliance on Russian nuclear fuel just as the Cold War-era Megatons to Megawatts program was ending.

Uranium One did export some of its U.S. uranium ore.

News organizations, including The Washington Post, continue to report none of Uranium One’s product left the U.S. after Russia took control. In fact, the Nuclear Regulatory Commission (NRC) approved an export license for a third party trucking firm to export Uranium One ore to Canada for enrichment, and that some of that uranium ended up in Europe, NRC memos show. Uranium One itself admits that as much as 25 percent of the uranium it exported to Canada ended up with European or Asian clients through what is know in the industry as “book transfers.”

The FBI informant Douglas Campbell does have information to share with Congress about Rosatom’s Uranium One purchase.

Justice officials have suggested in recent stories that Campbell has little on Uranium One because his work forced on nuclear bribery involving a different Rosatom subsidiary. While it’s true Campbell’s undercover work focused on criminality inside the Rosatom subsidiary Tenex, he did gather extensive documents about Rosatom’s efforts to win approval to buy Uranium One.

The FBI did have evidence that Rosatom officials were engaged in criminality well before the Obama administration approved Rosatom’s purchase of Uranium One.

Evidence that a foreign company is involved in criminality can disqualify it from Committee on Foreign Investment in the United States (CFIUS) approval to buy a sensitive U.S. asset. And Campbell helped the FBI recorded the first criminal activity by Rosatom officials inside its Tenex arm in November 2009, nearly an entire year before CFIUS approved Rosatom’s purchase of Uranium One.

Justice officials trusted the informant Campbell enough to keep him working undercover for six years and to pay him more than $51,000 once the convictions were secured.

A check obtained by The Hill shows the FBI paid Campbell an informant fee of more than $51,000 in January 2016, shortly after the last convictions in the Russian nuclear bribery case were made.

Counterfeit Operations, Iran and North Korea

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photo

It is a globally business and a nasty one.

U.S. officials have long accused Iran of supplying arms to rebel Houthi forces battling for control of Yemen. But Monday’s sanctions help highlight the scope of what Western officials commonly describe as the IRGC’s far-reaching and malign activities.

“Iran itself, together with its proxy, Lebanese Hezbollah, is knee-deep and has been knee-deep in the counterfeit business for quite some time,” said Matthew Levitt with the Washington Institute for Near East Policy. “Exposing this is kind of a two-for one, both exposing the organization’s terrorist activity and also exposing the nature of the criminal activity that it engages in.” More here.

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Treasury Designates Large-Scale IRGC-QF Counterfeiting Ring

11/20/2017

Iranian Network Prints Counterfeit Yemeni Bank Notes for IRGC-Qods Force

WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated a network of individuals and entities involved in a large-scale scheme to help Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) counterfeit currency to support its destabilizing activities.  This network employed deceptive measures to circumvent European export control restrictions and procured advanced equipment and materials to print counterfeit Yemeni bank notes potentially worth hundreds of millions of dollars for the IRGC-QF.  The IRGC-QF was designated pursuant to the global terrorism Executive Order (E.O.) 13224.

“This scheme exposes the deep levels of deception the IRGC-Qods Force is willing to employ against companies in Europe, governments in the Gulf, and the rest of the world to support its destabilizing activities.  Counterfeiting strikes at the heart of the international financial system, and the fact that elements of the government of Iran are involved in this behavior is completely unacceptable,” said Treasury Secretary Steven Mnuchin.  “This counterfeiting scheme exposes the serious risks faced by anyone doing business with Iran, as the IRGC continues to obscure its involvement in Iran’s economy and hide behind the façade of legitimate businesses to perpetrate its nefarious objectives.”

Reza Heidari and Pardazesh Tasvir Rayan Co.

Reza Heidari (Heidari) is being designated today for having acted for or on behalf of the IRGC-QF and having assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF.

Pardavesh Tasvir Rayan Co. (Rayan Printing) is being designated today for being controlled by Heidari; for having acted for or on behalf of the IRGC-QF; having assisted, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF; and being owned by Tejarat Almas Mobin Holding, another Iranian company also being designated today.

Heidari played a key role in procuring secure printing equipment and materials for the IRGC-QF in support of the group’s currency counterfeiting scheme.  Heidari served as the managing director of Iran-based Rayan Printing, a company involved in printing counterfeit Yemeni rial bank notes potentially worth hundreds of millions of dollars for the IRGC-QF, as of late 2016.  Heidari used front companies to obfuscate the actual end user and facilitate deceptive transactions when dealing with European suppliers of secure printing equipment and materials.

ForEnt Technik and Printing Trade Center

ForEnt Technik GmbH is being designated today for being owned or controlled by Heidari, while Printing Trade Center GmbH (PTC) is being designated for having acted for or on behalf of, and assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, Heidari.

Heidari used German-based ForEnt Technik GmbH and PTC as front companies to deceive European suppliers, circumvent export restrictions, and acquire advanced printing machinery, security printing machinery, and raw materials in support of the IRGC-QF’s counterfeit currency capabilities.  These raw materials included watermarked paper and specialty inks from European suppliers.  Heidari is the Managing Director and sole shareholder of ForEnt Technik Gmbh.

Mahmoud Seif and Tejarat Almas Mobin

Mahmoud Seif is being designated today for having assisted, sponsored, or provided financial, material, or technological support for, or other services to or in support of, the IRGC-QF.  Tejarat Almas Mobin Holding is being designated today for being controlled by Seif.

Seif is the managing director of Tejarat Almas Mobin, the parent company of Rayan Printing.  Heidari and Seif coordinated on the procurement of raw supplies and equipment that enabled the IRGC-QF counterfeiting capabilities.  Seif was involved with the logistics of importing materials for the counterfeiting project into Iran.  Additionally, Seif has previously been involved in the procurement of weapons for the IRGC-QF.

For identifying information on the individuals and entities listed today, click here: https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20171120.aspx

*** So, did Iran teach North Korea to counterfeit or was it the other way around? North Korea has been counterfeiting and participating in illicit activities going back decades. North Korea is not especially fretful over the newly applied sanctions or being listed again as a terror state by President Trump. While it should be done, the regime has proven methods to finesse the system.

Ri Jong Ho had simply had enough. He’d seen too many executions.

Ri, a high-profile North Korean defector, spent years working for what is essentially a slush fund for one of the most notorious regimes on the planet, Kim Jong Un and his compatriots.
Life was good. Ri helped bring in somewhere between $50 million and $100 million for North Korean elites, and was handsomely rewarded with luxuries most North Koreans couldn’t dream of in years past: a car, a color TV and some extra cash on the side, once rarities in the communist state but more commonplace now in the capital, Pyongyang.
But he watched the regime kill his peers and their families, even children.
“It was not just high level officers, officials, but their families, their children (and) their followers,” Ri told CNN in his first interview to a major US broadcast network. “It was not just once or twice a year — it was ongoing throughout the year, thousands of people being executed or purged.”
Ri said the final straw came in late 2013, when Kim Jong Un executed his own uncle, Jang Song Thaek, with an anti-aircraft gun.
“It was a cruel and crude method of execution,” he said. “After all these years living in the socialist system, I never witnessed anything like that.”
Ri was living in China at the time, and in 2014 was able to safely defect with his family.
And just like that, Kim lost one of his top money makers.

Office 39

Ri said he worked for decades in what’s known as “Office 39.”
The office is in charge of bringing in hard currency for the regime. Ri calls it a “slush fund for the leader and the leadership.”
Ri told CNN “Office 39” is not engaged in illicit activities, but the US Treasury Department says otherwise.
The US government accused the office of engaging in “illicit economic activities” to support the North Korean government. It has branches throughout the nation that raise and manage funds and is responsible for earning foreign currency for North Korea’s Korean Workers’ Party senior leadership through illicit activities such as narcotics trafficking.
North Korea has been accused of crimes like hacking banks, counterfeiting currency, dealing drugs and even trafficking endangered species.
Workers who help bring in cash for the regime are granted access to the outside world — especially China — in order to establish networks that are crucial to making money, analysts say. They often have diplomatic privileges that allow them to evade their host country’s domestic laws, experts say.
Ri said he was not involved in illegal activities and that they were not under the purview of Office 39, but did not deny they occurred. He said much of North Korea’s hard cash is earned through exporting labor — the country sends workers across the globe and collects much of their pay, according to the UN — and exporting natural resources like coal, which China used to buy but has since stopped.
Illicit activities make a lot of money, though. The Congressional Research Service estimated in 2008 that North Korea could earn anywhere from $500 million to $1 billion from these types of illicit activities.
That money helps fund the lavish lifestyles of the North Korean elites while sanctions limit the country’s ability to make money. That keeps North Korea’s leadership happy and helps Kim prevent coup attempts, analysts say.
“They (North Korean leaders) are focused on maintaining their ruling power, and they are working on making this dynasty-like system lasting for a long time,” Ri said. “So instead of focusing on their economic development or better life, they are more focused on maintaining their system.
Some of Office 39’s profits also go to the country’s nuclear and missile programs, which crossed an important threshold this month with the testing of two intercontinental ballistic missiles, weapons that experts say likely put the United States homeland in North Korea’s range.
CNN reached out to the North Korean mission at the United Nations for a response to the interview with Ri. An official at the mission said Ri was lying to “make money and save his own life.”

‘Hundreds of fishing boats’

Analysts say Office 39 is likely now in the cross hairs of US President Donald Trump’s administration.
The Trump team has made it clear that one of the ways it plans to deal with North Korea is to squeeze its revenue streams across the globe in order to pressure them into negotiations over their weapons programs.
Who speaks for the United States on North Korea? Contradictions emerge
Ri is not sure if the tactic will work, as he says it’s easy to side-step sanctions and believes the international community has made strategic mistakes that could come back to bite them.
North Korean companies can just change their names once sanctioned, he says. North Korean leaders don’t keep much money abroad, so the sanctions against them are pointless, according to Ri. Smugglers are difficult to catch.
“Smuggling is conducted by any and every means you could imagine. Mostly larger items are done using ships, for example by filing a cargo list … where what’s written on the (list) is different from what is really being shipped,” he said. “On the open sea, the Yellow Sea, there are hundreds of fishing boats — both from China and North Korea — and all the smuggling is done by these so-called fishing boats.

Going after China

Ri believes that secondary sanctions — targeting those who do business with North Korea, like the United States did to China’s Bank of Dandong in June — is the way to go, especially in China.
Beijing accounts for about 85% of North Korean imports in 2015, according to UN data, though Ri revealed that Pyongyang does import some oil from Russia.
North Korean economist Ri Gi Song told CNN in February that China accounts for 70% of trade and that trade with Russia is increasing. More here from CNN.

Sexual Harassment: Hollywood, Media, Government

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Well, Al Franken has another accuser then we have Charlie Rose and now John Conyers…sheesh this redefines draining the swamp.

When will the Washington Post or CNN advance the Senator Menendez case?

The young woman wrote that she was recruited as an escort from an adult escort service called the Doll Palace, and that the code word “chocolate” would summon her and other girls to Melgen’s sex parties. She offered specific recollections of Melgen’s preferred pimp, the homes where she slept with his house guests for money, and the phone number her calls would come from.

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Her account of the sex parties Menendez allegedly attended in the Dominican Republic is the most detailed to surface since TheDC first began reporting on the story in November.

She told her story to a tipster who forwarded the email to CREW; it was not included with the cache of documents he published online on Jan. 24. TheDC was first to report on that dossier about Sen. Menendez, which included an interview transcript in which a different women claimed she was 16 when she began sleeping with him.

That young prostitute said she had sex with Menendez “three times at least” in 2009. “The first one in February, and then in May and June. I recall his visit in June so well because that month was my 17th birthday.” More here.

***

Television host Charlie Rose has been accused by a slew of women of sexual misconduct spanning decades.

The 75-year-old face of “CBS This Morning” and the PBS program “Charlie Rose” joins disgraced producer Harvey Weinstein, comedian Louis C.K., Kevin Spacey and a host of entertainers in a widening cultural sex scandal.

The news was first reported Monday by The Washington Post in an exposé involving dozens of men and women who worked on “Charlie Rose.”

The newspaper said eight women — three of them named — gave details that indicate a modus operandi for putting women in awkward sexual situations.

A trend among the women who spoke to the Post includes:

  • Mr. Rose would allegedly grab new employees by the leg to “gauge” their reactions.
  • Mr. Rose would invite women to work at his home.
  • Mr. Rose allegedly walked around naked once women entered his home.
  • Mr. Rose allegedly called women to share sexual fantasies.

Read more here.

Many have asked about what lawmakers were part of the $15-18 million payoff(s) in Congress. Okay…one name is John Conyers. What is worse is taxpayer dollars were used to pay for airfare….WHAT?

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She Said That A Powerful Congressman Harassed Her. Here’s Why You Didn’t Hear Her Story.

“When you make private settlements, it doesn’t warn the next woman or the next person going into that situation.”

Michigan Rep. John Conyers, a Democrat and the longest-serving member of the House of Representatives, settled a wrongful dismissal complaint in 2015 with a former employee who alleged she was fired because she would not “succumb to [his] sexual advances.”

Documents from the complaint obtained by BuzzFeed News include four signed affidavits, three of which are notarized, from former staff members who allege that Conyers, the ranking Democrat on the powerful House Judiciary Committee, repeatedly made sexual advances to female staff that included requests for sexual favors, contacting and transporting other women with whom they believed Conyers was having affairs, caressing their hands sexually, and rubbing their legs and backs in public. Four people involved with the case verified the documents are authentic.

And the documents also reveal the secret mechanism by which Congress has kept an unknown number of sexual harassment allegations secret: A grinding, closely held process that left the alleged victim feeling, she told BuzzFeed News, that she had no option other than to stay quiet and accept a settlement offered to her.

“I was basically blackballed. There was nowhere I could go,” she said in a phone interview. BuzzFeed News is withholding the woman’s name at her request, because she said she fears retribution.

Last week the Washington Post reported that the office paid out $17 million for 264 settlements with federal employees over 20 years for various violations, including sexual harassment. The Conyers documents, however, give a glimpse into the inner workings of the Office of Compliance, which has for decades concealed episodes of sexual abuse by powerful political figures

The woman who settled with Conyers launched the complaint in 2014 with Congress’s Office of Compliance alleging that she was fired for refusing his sexual advances and ended up facing a daunting process that ended with a confidentiality agreement in exchange for a settlement of more than $27,000. Her settlement, however, came from Conyers’ office budget rather than the designated fund for settlements.

Congress has no human resources department. Instead, congressional employees have 180 days to report a sexual harassment incident to the Office of Compliance, which then leads to a lengthy process involves counseling, mediation, and requires the signing of a confidentiality agreement before a complaint can go forward.

After this, an employee can choose to take the matter to federal district court, but another avenue is available: an administrative hearing, after which a negotiation and settlement may follow.

Via documentcloud.org

Some members of Congress have raised major concerns with the current system over the years, but the calls for an overhaul have grown louder in the post-Weinstein era. Members have argued that 90 days is too long to make a person continue working in the same environment with their harasser; that interns and fellows should be eligible to pursue complaints through this process; and that it is unfair for a victim to have to pay for legal representation while the office of the harasser is represented for free by the House’s counsel.

In this case, one of Conyers’ former employees was offered a settlement, in exchange for her silence, that would be paid out of Conyers’ taxpayer-funded office budget. His office would “rehire” the woman as a “temporary employee” despite her being directed not to come into the office or do any actual work, according to the document. The complainant would receive a total payment of $27,111.75 over the three months, after which point she would be removed from the payroll, according to the document.

Via documentcloud.org

The draft agreement viewed by BuzzFeed News was unsigned, but congressional employment records match the timing and amounts outlined in the document. The woman left the office and never went public with her story.

The process was “disgusting,” said Matthew Peterson, who worked as a law clerk representing the complainant, and who listed as a signatory to some of the documents.

“It is a designed cover-up,” said Peterson, who declined to discuss details of the case but agreed to characterize it in general terms. “You feel like they were betrayed by their government just for coming forward. It’s like being abused twice.”

Other lawyers named as representing the accuser could not be reached for comment. The Office of Compliance did not confirm or deny that they had dealt with the case.

“Pursuant to the Congressional Accountability Act, the OOC cannot comment on whether matters have or have not been filed with the office,” Laura Cech, publications and outreach manager of the Office of Compliance, told BuzzFeed News in an email when asked to comment on this case.

Two staffers alleged in their signed affidavits that Conyers used congressional resources to fly in women they believed he was having affairs with. Another said she was tasked with driving women to and from Conyers’ apartment and hotel rooms.

Rep. Conyers did not admit fault as part of the settlement. His office did not respond to multiple requests for comment on Monday.

The documents were first provided to BuzzFeed News by Mike Cernovich, the men’s rights figure turned pro-Trump media activist who propagated a number of false conspiracy theories including the “Pizzagate” conspiracy. Cernovich said he gave the documents to BuzzFeed News for vetting and further reporting, and because he said if he published them himself, Democrats and congressional leaders would “try to discredit the story by attacking the messenger.” He provided them without conditions. BuzzFeed News independently confirmed the authenticity of the documents with four people directly involved with the case, including the accuser.

In her complaint, the former employee said Conyers repeatedly asked her for sexual favors and often asked her to join him in a hotel room. On one occasion, she alleges that Conyers asked her to work out of his room for the evening, but when she arrived the congressman started talking about his sexual desires. She alleged he then told her she needed to “touch it,” in reference to his penis, or find him a woman who would meet his sexual demands.

She alleged Conyers made her work nights, evenings, and holidays to keep him company.

In another incident, the former employee alleged the congressman insisted she stay in his room while they traveled together for a fundraising event. When she told him that she would not stay with him, she alleged he told her to “just cuddle up with me and caress me before you go.”

“Rep. Conyers strongly postulated that the performing of personal service or favors would be looked upon favorably and lead to salary increases or promotions,” the former employee said in the documents.

Three other staff members provided affidavits submitted to the Office Of Compliance that outlined a pattern of behavior from Conyers that included touching the woman in a sexual manner and growing angry when she brought her husband around.

One affidavit from a former female employee states that she was tasked with flying in women for the congressman. “One of my duties while working for Rep. Conyers was to keep a list of women that I assumed he was having affairs with and call them at his request and, if necessary, have them flown in using Congressional resources,” said her affidavit. (A second staffer alleged in an interview that Conyers used taxpayer resources to fly women to him.)

The employee said in her affidavit that Conyers also made sexual advances toward her: “I was driving the Congressman in my personal car and was resting my hand on the stick shift. Rep. Conyers reached over and began to caress my hand in a sexual manner.”

The woman said she told Conyers she was married and not interested in pursuing a sexual relationship, according to the affidavit. She said she was told many times by constituents that it was well-known that Conyers had sexual relationships with his staff, and said she and other female staffers felt this undermined their credibility.

“I am personally aware of several women who have experienced the same or similar sexual advances made towards them by Rep[.] John Conyers,” she said in her affidavit.

A male employee wrote that he witnessed Rep. Conyers rub the legs and other body parts of the complainant “in what appeared to be a sexual manner” and saw the congressman rub and touch other women “in an inappropriate manner.” The employee said he confronted Conyers about this behavior.

“Rep. Conyers said he needed to be ‘more careful’ because bad publicity would not be helpful as he runs for re-election. He ended the conversation with me by saying he would ‘work on’ his behavior,” the male staffer said in his affidavit.

The male employee said that in 2011 Conyers complained a female staffer was “too old” and said he wanted to let her go. The employee said he set up a meeting in December 2011 to discuss “mistreatment of staff and his misuse of federal resources.” The affidavit says that Conyers “agreed that he would work on making improvements as long as I worked directly with him and stopped writing memos and emails about concerns.”

Another female employee also attested that she witnessed Conyer’s advances, and said she was asked to transport women to him. “I was asked on multiple occasions to pick up women and bring them to Mr. Conyers[‘] apartment, hotel rooms, etc.”

BuzzFeed News reached out to several former Conyers staffers, all of whom did not want to speak on the record. One former staffer, who did not want to be named, said she was frustrated by the secretive complaint process.

“I don’t think any allegations should be buried…and that’s for anyone, not just for this particular office, because it doesn’t really allow other people to see who these individuals are,” said the former staffer. “When you make private settlements, it doesn’t warn the next woman or the next person going into that situation.”

Another staffer said that Conyers’ reputation made people fearful to speak out against him. Aside from being the longest-serving House member and the ranking member of a powerful committee, Conyers is a civil rights icon. He was lauded by Martin Luther King Jr. and is a founding member of the Congressional Black Caucus.

“Your story won’t do shit to him,” said the staffer. “He’s untouchable.”

In a statement to BuzzFeed News, House Democratic Leader Nancy Pelosi said she was not aware of the settlement.

“The current process includes the signing of non-disclosure agreements by the parties involved. Congresswoman Jackie Speier has introduced legislation that will provide much-needed transparency on these agreements and make other critical reforms,” Pelosi said in the statement. “I strongly support her efforts.”

BuzzFeed News; Source: Office of Compliance

A spokesperson for John Boehner, who was the speaker of the House when the settlement was made, did not respond to a BuzzFeed News request for comment on Monday.

The documents also show that there was a belief among at least some staffers that the office was a jealous environment. Some of the documents allege Conyers offered his protection when staff would complain to him about management in the office.

California Democrat Rep. Speier and colleagues in the House and Senate have introduced legislation that would overhaul the complaint process, including requiring OOC to publicly name the office of any member who enters into a settlement. The bill would also allow complainants to waive mediation and counseling, set up a victims’ counsel, and require all congressional offices to go through harassment training every year.

Conyers’ office has a history of ethical run-ins. In 2016, his former chief of staff Cynthia Martin pleaded guilty to receiving stolen property after she refused to reimburse $16,500 that was mistakenly deposited in her account. A preliminary investigation by the Office of Congressional Ethics found that Conyers continued to pay Martin more than $13,000 per month when she was supposedly on unpaid leave.

In 2006, two former aides complained that Conyers made them babysit his children, run errands, and work on his reelection campaign while drawing their congressional salaries. There was also a bizarre incident in 2005 when 60 Thanksgiving turkeys, given to his staff to disperse to people, may have gone missing.

Conyers’ wife, former Detroit city councilor Monica Conyers, was sentenced to three years in prison over bribery charges in 2010. (One of the documents alleged Conyers began “aggressively acting out his sexual harassment behavior” following this.) Last year the couple renewed their vows. ●

 

 

Tillerson: Child Soldiers Conscription Violations

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Image result for child soldiers

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The United Nations has a list of shame, fine but it is merely a list and a gesture.

Child soldiers are children (under 18) who are used for military purposes.

Some child soldiers are used for fighting – they’re forced to take part in wars and conflicts, forced to kill, and commit other acts of violence. Some are forced to act as suicide bombers. Some join ‘voluntarily’, driven by poverty, sense of duty, or circumstance.

Other children are used as cooks, porters, messengers, informants, spies or anything their commanders want them to do. Child soldiers are sometimes sexually abused.

Afghanistan, Central African Republic, Democratic Republic of Congo, India, Myanmar, the Occupied Palestinian Territory, Thailand, the UK and Yemen all use child soldiers, meaning on person under the age of 18. 

Image result for child soldiers afghanistan photo (attribution for photo removed due to malware alert)

Exclusive – State Dept. revolt: Tillerson accused of violating U.S. law on child soldiers

WASHINGTON (Reuters) – A group of about a dozen U.S. State Department officials have taken the unusual step of formally accusing Secretary of State Rex Tillerson of violating a federal law designed to stop foreign militaries from enlisting child soldiers, according to internal government documents reviewed by Reuters.

A confidential State Department “dissent” memo not previously reported said Tillerson breached the Child Soldiers Prevention Act when he decided in June to exclude Iraq, Myanmar, and Afghanistan from a U.S. list of offenders in the use of child soldiers. This was despite the department publicly acknowledging that children were being conscripted in those countries.[tmsnrt.rs/2jJ7pav]

Keeping the countries off the annual list makes it easier to provide them with U.S. military assistance. Iraq and Afghanistan are close allies in the fight against Islamist militants, while Myanmar is an emerging ally to offset China’s influence in Southeast Asia.

Documents reviewed by Reuters also show Tillerson’s decision was at odds with a unanimous recommendation by the heads of the State Department’s regional bureaus overseeing embassies in the Middle East and Asia, the U.S. envoy on Afghanistan and Pakistan, the department’s human rights office and its own in-house lawyers. [tmsnrt.rs/2Ah6tB4]

“Beyond contravening U.S. law, this decision risks marring the credibility of a broad range of State Department reports and analyses and has weakened one of the U.S. government’s primary diplomatic tools to deter governmental armed forces and government-supported armed groups from recruiting and using children in combat and support roles around the world,” said the July 28 memo.

Reuters reported in June that Tillerson had disregarded internal recommendations on Iraq, Myanmar and Afghanistan. The new documents reveal the scale of the opposition in the State Department, including the rare use of what is known as the “dissent channel,” which allows officials to object to policies without fear of reprisals.

The views expressed by the U.S. officials illustrate ongoing tensions between career diplomats and the former chief of Exxon Mobil Corp appointed by President Donald Trump to pursue an “America First” approach to diplomacy.

INTERPRETING THE LAW

The child soldiers law passed in 2008 states that the U.S. government must be satisfied that no children under the age of 18 “are recruited, conscripted or otherwise compelled to serve as child soldiers” for a country to be removed from the list. It currently includes the Democratic Republic of Congo, Nigeria, Somalia, South Sudan, Mali, Sudan, Syria and Yemen.

”The Secretary thoroughly reviewed all of the information presented to him and made a determination about whether the facts presented justified a listing pursuant to the law,” a State Department spokesperson said when asked about the officials’ allegation that he had violated the law.

In a written response to the dissent memo on Sept. 1, Tillerson adviser Brian Hook acknowledged that the three countries did use child soldiers. He said, however, it was necessary to distinguish between governments “making little or no effort to correct their child soldier violations … and those which are making sincere – if as yet incomplete – efforts.”

Hook made clear that America’s top diplomat used what he sees as his discretion to interpret the law.

‘A POWERFUL MESSAGE’

Foreign militaries on the list are prohibited from receiving aid, training and weapons from Washington unless the White House issues a waiver based on U.S. “national interest.” In 2016, under the Obama administration, both Iraq and Myanmar, as well as others such as Nigeria and Somalia, received waivers.

At times, the human rights community chided President Barack Obama for being too willing to issue waivers and exemptions, especially for governments that had security ties with Washington, instead of sanctioning more of those countries.

“Human Rights Watch frequently criticized President Barack Obama for giving too many countries waivers, but the law has made a real difference,” Jo Becker, advocacy director for the children’s rights division of Human Rights Watch, wrote in June in a critique of Tillerson’s decision.

The dissenting U.S. officials stressed that Tillerson’s decision to exclude Iraq, Afghanistan and Myanmar went a step further than the Obama administration’s waiver policy by contravening the law and effectively easing pressure on the countries to eradicate the use of child soldiers.

The officials acknowledged in the documents reviewed by Reuters that those three countries had made progress. But in their reading of the law, they said that was not enough to be kept off a list that has been used to shame governments into completely eradicating the use of child soldiers.

‘UNCONSCIONABLE ACTIONS’

Ben Cardin, ranking Democrat on the U.S. Senate Foreign Relations Committee, wrote to Tillerson on Friday saying there were “serious concerns that the State Department may not be complying” with the law and that the secretary’s decision “sent a powerful message to these countries that they were receiving a pass on their unconscionable actions.”

The memo was among a series of previously unreported documents sent this month to the Senate Foreign Relations Committee and the State Department’s independent inspector general’s office that relate to allegations that Tillerson violated the child soldiers law.

Legal scholars say that because of the executive branch’s latitude in foreign policy there is little legal recourse to counter Tillerson’s decision.

Herman Schwartz, a constitutional law professor at American University in Washington, said U.S. courts would be unlikely to accept any challenge to Tillerson’s interpretation of the child soldiers law as allowing him to remove a country from the list on his own discretion.

The signatories to the document were largely senior policy experts with years of involvement in the issues, said an official familiar with the matter. Reuters saw a copy of the document that did not include the names of those who signed it.

Tillerson’s decision to remove Iraq and Myanmar, formerly known as Burma, from the list and reject a recommendation by U.S. officials to add Afghanistan was announced in the release of the government’s annual human trafficking report on June 27.

Six days earlier, a previously unreported memo emailed to Tillerson from a range of senior diplomats said the three countries violated the law based on evidence gathered by U.S. officials in 2016 and recommended that he approve them for the new list.

It noted that in Iraq, the United Nations and non-governmental organizations “reported that some Sunni tribal forces … recruited and used persons younger than the age of 18, including instances of children taking a direct part in hostilities.”

Ali Kareem, who heads Iraq’s High Committee for Human Rights, denied the country’s military or state-backed militias use child soldiers. ”We can say today with full confidence that we have a clean slate on child recruitment issues,” he said.

The memo also said “two confirmed cases of child recruitment” by the Myanmar military “were documented during the reporting period.” Human rights advocates have estimated that dozens of children are still conscripted there.

Myanmar government spokesman Zaw Htay challenged accusers to provide details of where and how child soldiers are being used. He noted that in the latest State Department report on human trafficking, “they already recognized (Myanmar) for reducing of child soldiers” – though the report also made clear some children were still conscripted.

The memo said further there was “credible evidence” that a government-supported militia in Afghanistan “recruited and used a child,” meeting the minimum threshold of a single confirmed case that the State Department had previously used as the legal basis for putting a country on the list.

The Afghan defense and interior ministries both denied there were any child soldiers in Afghan national security forces, an assertion that contradicts the State Department’s reports and human rights activists.