Highlights of DHS Report to Judiciary Cmte on Immigration

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Primer:

The Justice Department on Tuesday announced plans to appeal a judge’s ruling that blocked President Donald Trump from shuttering a program that gave protections and work permits to some people who entered the U.S. illegally as children.

In a ruling last week, San Francisco-based U.S. District Court Judge William Alsup ordered the administration to resume accepting renewal applications for the Deferred Action for Childhood Arrivals program, better known as DACA. More here from Politico.

In part, highlights:

The Department has also implemented historic efforts to step up international cooperation. For the first time ever, DHS established a clear baseline for what countries must do to help the United States confidently screen travelers and immigrants from their territory. Every country in the world is now required to meet high security standards and to help us understand who is coming into our country.
As required under President Trump’s Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States (EO 13780), all foreign governments have been notified of the new standards, which include the sharing of terrorist identities, criminal
history information, and other data needed to ensure public safety and national security, as well as the requirement that countries issue secure biometric passports, report lost and stolen travel documents to INTERPOL, and take other essential actions to prevent identity fraud.
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Visa Waiver Program
We are also looking at ways to further strengthen the Visa Waiver Program (VWP). First and foremost, the VWP is a security partnership program. It mandates high and consistent standards from partner countries in the areas of national security, law enfor
cement, and immigration enforcement to detect and prevent terrorists, criminals, and other potentially dangerous individuals from traveling to the United States —
while still facilitating legitimate travel and tourism.
Currently, 38 countries participate in the VWP, which allows their citizens to travel to the United States for business or tourism for stays of up to 90 days after applying and being approved through the Electronic System for Travel Authorization (ESTA). In return, these countries must comply with program requirements to enter into information
-sharing protocols that enable the relay of information concerning known and suspected terrorists and criminals; consistent and timely lost and stolen passport information reporting; and robust border and travel document
screening. As a result of these program requirements, countries have adopted new laws, policies, and practices that strengthen our mutual security.
The Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015,
combined with Secretarial action, have strengthened the VWP’s security provisions over the past two years.
VWP countries are now required to issue high -security electronic passports (e-
passports); implement information sharing arrangements to exchange terrorist identity information; establish mechanisms to validate e-passports at each key port of entry; report all lost and stolen passports to INTERPOL or directly to the United States no later than 24 hours after the country becomes aware of the loss or theft; and screen international travelers against the INTERPOL Stolen and Lost Travel Documents (SLTD) database and notices. As with other operational activities of DHS, a full discussion of the privacy impact of these initiatives and how we mitigate the risk to personal privacy is available on our website.
Since enactment of the Visa Waiver Program Improvement and Terrorist Travel Prevention Act, DHS has realized an increase in the sharing of terrorist identity information. Several countries have increased the frequency of their reporting of lost and stolen passports —VWP countries account for over 70 percent of the almost 73 million lost and stolen travel documents reported to INTERPOL. All VWP countries are now issuing and using for travel to the United States fraud-resistant e-passports that meet or exceed the ICAO standards. Over 70,000 ESTA applicationshave been denied, cancelled or revoked under enforcement of the VWP Improvement Act’seligibility restrictions for VWP travel.
Border Security
In compliance with Executive Order 13767: Border Security and Immigration Enforcement
Improvements, DHS has conducted a comprehensive study of the security of the southern border that addresses all of the elements that provide an integrated solution for the Nation. Our first priority is to expand on our existing southern border wall system and close legal loopholes that encourage and enable illegal immigration and create a corresponding backlog in the courts. We currently have an immigration court backlog of more than 650,000 cases pending before the Department of Justice’s Executive Office for Immigration Review. We also have a massive asylum backlog with more than 270,000 pending cases before U.S. Citizenship and Immigration Services (USCIS).
Recognizing the unsustainability of the asylum case backlog, USCIS has implemented efficiency measures designed to reduce adjudication times. Similarly, the Department of Justice has taken action to reduce unwarranted case continuances in immigration courts, which helps reduce the backlog while affording aliens full and fair hearings. To further

reduce the “pull factors” and restore integrity to our immigration benefits adjudication process, we must tighten case processing standards, including the “credible
-fear” standard, impose and enforce penalties for fraud, and ensure applicants are fully vetted before they are allowed access to the United States.
In addition, visa-overstays account for roughly 40 percent of all illegal immigration in the
United States. In FY 2016, more than 628,000 aliens overstayed their visas. By increasing
overstay penalties and expanding ICE’s enforcement tools, we can help ensure that foreign
workers, students, and visitors respect the terms of their temporary visas. We need Congress to authorize the Department to raise and collect fees from immigration benefit applications to fund additional enhancements to our immigration system called for by the President’s Executive Orders.
Enforcing Immigration Laws
We are also prioritizing the enforcement of our immigration laws in the interior of our country.
There are nearly one million aliens with final orders of removal across the country
—meaning these removable aliens were afforded due process of law, had their
day in court, and were ultimately ordered removed by a judge — yet they remain in our nation and ICE only has 6,000 Deportation Officers to arrest and remove them. The Administration looks to strengthen law enforcement by hiring 10,000 more ICE officers and agents, and supports the request from the Department of Justice to hire 300 more federal prosecutors.
To further protect our communities, we must end so-called “sanctuary” jurisdictions. Hundreds of state and local jurisdictions across the country that do not honor requests from ICE to hold criminal aliens who are already in state and local custody. Instead, they allow them back into their communities, where they are allowed to commit more crimes. This also poses a greater risk of harm to ICE officers, who must locate and arrest these criminals in public places, and increases the likelihood that the criminal aliens can resist arrest or flee. Rather than enhancing public safety, sanctuary jurisdictions undermine it.
The only “sanctuary” these jurisdictions create is a safe haven for criminals. States and localities that refuse to cooperate with federal authorities should be ineligible for funding from certain grants and cooperative agreements.
Authorizing and incentivizing states and localities to enforce immigration laws would further help ICE with its mission and make all communities safer.
In FY 2017, 1,761 criminal illegal aliens were released from ICE custody because of a 2001
Supreme Court decision that generally requires ICE to release certain removable aliens with final orders of removal—including violent criminals—
within 180 days, if they have not been removed and there is no significant likelihood of removal in the reasonably foreseeable future. Legally insupportable judicial interpretations of the law regarding the detention and removability of criminal aliens have eroded ICE’s authority to keep aliens in custody pending removal.
Pursuant to this Executive Order, USCIS announced it will take a more targeted approach to combatting fraud and abuse in the employment -based visa programs, including the H-1B program. To help end H-1B petitioner fraud and abuse, USCIS has established a Targeted Site Visit and Verification Program (TSVVP). Targeted site visits allow USCIS to focus its resources where fraud and abuse of certain programs are more likely to occur. TSVVP initially focused on H-1B petitions filed by companies that are H-1B dependent (as defined by statute), employers petitioning for H-1B workers who will be placed off -site at another company’s location, or cases where USCIS cannot validate the H-1B petitioner’s business information through commercially -available data.
USCIS has also taken great strides to improve transparency with the public about employment -based immigration programs. The agency has published new data on its website to give the public more information regarding the use of nonimmigrant workers in the H-1B, H-2B, and L nonimmigrant programs. Information about the use and legal authority for employment authorization documents has also been published.
Most low-skilled immigration into the United States occurs legally through our
immigrant-visa system, which, unlike many other countries’ systems, prioritizes family
-based chain-migration. Each year, the United States grants lawful permanent resident status (greencards) to more than one million people; two-thirds of that total is based on a person having a sponsoring relative in the United States, regardless of the new immigrant’s skills, education, English language proficiency, or ability to successfully assimilate. This system of chain-migration has accounted for more than 60 percent of immigration into the United States over the past 35 years. We must end chain-migration, and limit family -based green cards to spouses and the minor children of U.S. citizens and lawful permanent residents.
We must also eliminate the “diversity visa” lottery. Every year, through this lottery, 50,000
green cards are awarded at random to foreign nationals. Many of these lottery beneficiaries have absolutely no ties to the United States, no special skills, and limited education. The random lottery program has not been adopted by other countries and does not adequately serve our national interest. Full opening summary here.

Abu Hamza was Notified of the 9/11 Attacks 4 Days Earlier

Abu Hamza was once deeply affiliated with the Finsbury Park mosque including raising funds for jihad there. Born Mustafa Kamel Mustafa in Alexandria, Egypt, on 15 April 1958, Abu Hamza was the son of a naval officer and a primary school headmistress. He initially studied civil engineering before leaving for England in 1979. More here.

A trustee at one of London‘s best-known mosques is a senior member of ‘terrorist organisation’ Hamas’s political wing, it was reported.

Mohammed Sawalha holds the role of trustee at Finsbury Park Mosque in north London, which was formerly linked to extremism but which insists it has since undergone an ‘complete overhaul’.

It emerged today that Mr Sawalha represented the militant Palestinian organisation Hamas at recent talks in Moscow.

Sawalha, who lives in London, was appointed a trustee of the mosque in 2010 and is legally responsible for overseeing the mosque’s management, The Times reported. More here.

He was one of five senior figures from the Islamist organisation who were sent to Moscow in September, where they met Russia’s deputy foreign minister Mikhail Bogdanov and other Kremlin officials.

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ABU Hamza’s son, Sufyan Mustafa, has said he will fight to return to his life in Britain after the Government stripped him of his passport, leaving him in war-torn Syria. In 2012, Imran Mostafa, another of Hamza’s sons was jailed for his role in a jewellery heist in Norfolk.

Abu Hamza, Britain’s most notorious hate preacher, says militant contacts in Afghanistan called him four days before the 9/11 attacks to warn: “Something very big will happen very soon.”

The hook-handed cleric says he interpreted the message as being about an impending terrorist strike on America and believes the phone at his west London home was being “tapped” by police at the time.

Related reading: The Mustafa Indictment document

His claim raises questions about whether British authorities were aware of the warning and failed to pass it on to their American counterparts before al-Qaeda operatives flew hijacked jets into the World Trade Center in New York and the Pentagon in September 2001.

Details of the phone call are revealed in American court papers, seen by The Sunday Times, which also reveal that Abu Hamza acted as an agent for MI5 and Special Branch under the code name “Damson Berry”. The former imam of Finsbury Park mosque in north London is appealing against his conviction for terrorist offences and his “inhuman” incarceration at an American“supermax” prison.

Related reading: Finsbury Park Truck Attack

In a 124-page handwritten submission, Abu Hamza says he has been singled out and “punished” since 9/11. He writes in broken English: “What made pro-war governments and intelligence [agencies on] both sides of the Atlantic more furious about the defendant [Abu Hamza is] that defendant received a call from Afghanistan on Friday, Sept 7, 2001, from 2 of his old neighbours in his Pakistan time (1991-93) saying ‘Something very big will happen very soon’ (meaning USA).”

Abu Hamza denies the call came from al-Qaeda figures, but says he thought “this news is widely spread and everyone is phoning friends . . . the intelligence [agencies] of many countries must have had an earful about it”.

The preacher’s claim could not be independently corroborated this weekend, but his standing in extremist circles makes it plausible.

How Iran is Competing with America in the Middle East

Reading through the summary below, it begs the question once again: Did Iran demand Obama remove troops from Iraq in order to advance the talks on the nuclear agreement? It also adds a similar question: Did Iran demand the same in Afghanistan?

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Related reading: Why Obama Let Iran’s Green Revolution Fail

Modern War Institute: In March 2017, the head of Iran’s Foundation of Martyrs and Veterans Affairs stated, “Some 2,100 martyrs have been martyred so far in Iraq and other places defending the holy mausoleums.” These 2,100 Iranian deaths over the past five years of fighting in Iraq and Syria are nearly equivalent to the 2,400 American deaths in seventeen years of combat in Afghanistan. Yet, although initial domestic support for American intervention in Afghanistan was the highest of all such military action since Gallup started collecting data in 1983, by February 2014, as casualties mounted, a plurality of Americans viewed the war in Afghanistan as a mistake. In contrast, the Iranian government narrative that its soldiers are protecting Shi’a holy sites in Syria has driven consistently high public approval with 89 percent of Iranians supporting the defense of shrines in Syria and about 65 percent supporting the deployment of Iranian soldiers to do so.

With the relationship between military intervention and domestic public support in mind, the comparison of forces between Iran and the United States depends more on willingness to use those forces than the capabilities they represent. On the surface, Iran faces the overwhelming power projection of the United States, along with the conventional superiority of US and Gulf Cooperation Council military forces. Despite this disparity, Iran is able to use a suite of conventional, unconventional, and proxy forces to deter potential aggressors, compete with regional peers, and influence states it considers vital to its national security. Along these lines, Iran attempts to circumvent American military strengths against which the Iranian military would lose, in favor of asymmetric concepts including its ballistic missile program; anti-access, area denial tactics; and support to proxy groups.

These three methods hinge on a competition of resolve between Iran and its rivals to incur the costs of conflict: the former two affect the cost calculation of potential adversaries and the latter displays Iran’s willingness to assume more risk than its opponents in pursuit of its political ends abroad. Determining the interests for which Iran is willing to incur high costs is essential if the United States expects to “neutralize Iranian malign influence,” a priority identified in the 2017 National Security Strategy. This comes as the US public decidedly prefers intervention in the form of airstrikes and Tomahawk cruise missiles rather than ground troops who could actually influence partner forces determined to counter that Iranian influence.

Balance of Power in the Middle East

Kenneth Waltz quipped that “power begs to be balanced” while defending the notion that proliferation of nuclear weapons technology to Iran would stabilize the Middle East. For Waltz and other theorists who espouse a realist view of international politics, the Middle East faces a two-pronged challenge to future stability based on the distribution of power among states therein. First, Israel’s possession of nuclear weapons under “strategic ambiguity” makes the relationship between Israel and other states in the region inherently imbalanced and therefore prone to conflict. Second, US abandonment of its “dual containment” strategy in favor of aggressive interventionist policies in the wake of the September 11 terrorist attacks destroyed Iraq as a major Middle East power and the regional bipolar balance between Iraq and Iran as a consequence.

According to realists’ view, even distributions of power promote stability and peace as the cost-benefit analysis of war yields little chance of positive gains against an adversary of similar strength, whereas uneven distributions of power increase the uncertainty of intentions between states who assess war as a likely result of a zero-sum security competition. In this latter scenario, weaker states tend to balance against stronger rivals by increasing political, military, and economic power through either internal means or alliance formation. As Stephen Walt further points out in his work “Alliance Formation and the Balance of Power,” this balancing behavior is most likely when states assess a rival as having not only the capability of attacking, but also the intention of doing so. Furthermore, situations where states face an overwhelming power differential are particularly vexing because the prospects of successfully balancing are so grim.

There is, however, a difference between possessing military power and actually using it, especially when doing so involves risks to domestic political support and stability. Whereas William Wohlforth in his article on unipolarity predicts that no state would bother attempting to balance against the clear and unambiguous military and economic superiority of the United States, the aftermath of the wars in Iraq and Afghanistan have led potential rivals to reassess US willingness to use its insurmountable ability to project and sustain military force. Therefore, rather than competing with the entire US military, Iran must make foreign policy decisions based on the military forces it expects the United States and its partners to use regionally. When the fight is between proxies and special operations forces, Iran’s prospects for balancing against its regional rivals and expanding its influence are less daunting and even optimistic.

Iran’s Play in Syria

Iran has been on a trajectory of increasing commitment to Syria since an uprising nearly deposed the regime of Bashar al-Assad starting in 2011. Unwilling to lose a longstanding ally and mechanism of supporting proxy groups in Lebanon and Palestine, Iran has relied upon the Islamic Revolutionary Guards Corps (IRGC), especially the externally oriented Quds Force, to support the Syrian regime. Originally founded to defend the Islamic revolution in Iran from internal and external threats, the IRGC has expanded in scope as the political and military mechanism of choice for Iran to expand its influence in the Middle East. Beyond sending its own forces, Iran has used the IRGC to lead foreign fighters and has directed the deployment of Lebanese Hezbollah fighters to Syria by the thousands. Iran’s model for applying force in the Middle East plays to its asymmetric strengths, while exploiting the perceived weaknesses of the United States and its allies, which Iran regards as risk averse, sensitive to casualties, and reliant on technological superiority and regional bases from which to project power. Iran has displayed not only a willingness to assume risk by deploying IRGC operatives to contested and denied areas, but has also been sustaining casualties in its campaign in Syria.

These casualties have varied in number, nationality, and military unit since the beginning of Iranian intervention in Syria, which speaks to Iranian resolve to support the Assad regime. The Washington Institute for Near East Policy has done extensive research on Iranian media reporting of casualties in Syria. At first, the majority of those killed under the direction of Iran were Lebanese and Afghan, due to extensive Hezbollah deployments and IRGC recruitment of Afghan Shi’a to fight in Syria. Iranian casualties however, tended to be high-ranking IRGC members such as its deputy commander, Gen. Hossein Hamedani, who was killed in October 2015 near Aleppo. This indicates that IRGC operatives were training, advising, and leading Syrian units and foreign fighters, rather than their own military formations of lower-ranking Iranian soldiers.

As the civil war continued and foreign fighters could no longer sustain the tempo of operations, Iran began committing its own forces in 2015, including lower-ranking soldiers from IRGC units like the 2nd Imam Majtaba Brigade, 7th Vali Asr Division, and 2nd Imam Sajjad Brigade. These units are from the IRGC Ground Forces, whose security mandate is more internally focused than that of the Quds Force. This indicates not only a shift from a training and advisory mission to a more direct role in the fighting, but also a commitment of a larger portion of the Iranian armed forces to the fight in Syria. As a result, Iranian fatalities skyrocketed. However, Iran has given no indication of war weariness in the face of mounting human and economic costs of its unconventional fight in Syria, with even the semiofficial Fars news agency openly reporting IRGC casualties.

Domestic Backlash in Iran

Iran is no stranger to internal protests over domestic politics and foreign affairs. The Green Movement of June 2009 protesting the disputed re-election of Mahmoud Ahmadinejad showed that Iranian authorities cannot simply ignore public opinion and revealed a true power struggle between the government and the opposition. While the lasting effects of the Green Movement on the relationship between public opinion and Iranian decision-making are unclear, polling leading up to the signing of the Joint Comprehensive Plan of Action indicated vast public support in Iran for a deal, often in contrast with the public statements of Ayatollah Khamenei against it.

Recent massive public protests against Iranian macroeconomic conditions including high inflation and high unemployment have further displayed the Iranian government’s exposure to domestic political backlash for its policies. President Hassan Rouhani was reelected in 2017 by wide margins on a platform of economic hope in the wake of sanctions relief under the nuclear deal. However, inbound investment that results from improving economic relationships tends to benefit large conglomerates often owned by the IRGC like Khatam al-Anbiya, which has large stakes in the oil, transportation, and construction industries. Meanwhile, unemployment among youth and inflation remain high, as Iranian economic policies have not promoted growth that would create jobs for most Iranian citizens. As novelist Suzanne Collins’ character President Snow said in The Hunger Games: “Hope. It is the only thing stronger than fear. A little hope is effective. A lot of hope is dangerous. A spark is fine, as long as it’s contained.” Iranians have a lot of hope about their economic future; failure to deliver might lead to disaster, especially as Iran announces vast increases in military spending with an extra $7.5 billion to the IRGC (15 percent increase), $2.7 billion to the Iranian army (25 percent increase), and a separate $72 million subsidy directly to Khatam al-Anbiya.

Cost Calculation in Foreign Policy

Iran’s willingness to incur the costs of an aggressive foreign policy is not uniform across the Middle East. Iran views the outcome of the Syrian civil war as critical to its national interests and is therefore willing to expend physical and economic costs to sustain the Assad regime. However, Iran is reticent to suffer Syria-type casualties in places like Yemen, where Iran has limited its intervention to Lebanese Hezbollah fighters and high-ranking IRGC operatives leading Houthi militias. This is reminiscent of the “train, advise, and assist” mission that marked the initial phases of Iranian intervention in Syria. As a result, Iran has only sustained forty-four fatalities over the past two years of fighting in Yemen and has not publicized those deaths. This is problematic for Iran as Saudi Arabia and the United Arab Emirates show no signs of wavering in support of the government of Abdrabbuh Mansur al-Hadi, despite international backlash against the air campaign.

Conflicts like those in Yemen and Syria display the gruesome truth of the competition between the United States and Iran in the Middle East; namely, it boils down to a question of who wants it more. While the United States has shown its willingness to incur human and economic costs in Iraq and Afghanistan over the past fifteen years, it is not clear whether the American people would support another effort of similar size and scope in the near term. In fact, according to Gallup, American support for the ongoing campaign in Syria has reached historic lows when compared to other conflicts over the past thirty-five years. Furthermore, US Central Command, charged with leading military operations across the Middle East and Central Asia, is preparing to shift its priority back to Afghanistan—this as Iran shows no intention of decreasing its presence in either Iraq or Syria.

This is not to say that the United States cannot achieve its foreign policy goals vis-à-vis Iran in the Middle East without incurring high costs; it means that the United States will need to enable partners who are willing to do so. However, merely funding and providing material support to partner forces does not guarantee that they will act according to US national interests. That more elusive objective depends on the influence that sponsors have over proxies and still involves accepting a degree of risk. Although varying in scope depending on the target country, Iran exposes its IRGC operatives to the inherent dangers of the battlefield and shares that risk with its partners. Combined with what is often an ideological connection with proxies, this shared danger does much to influence the forces with which Iran partners. In contrast, the United States rarely exposes its special operations forces in the same way. In Iraq and Syria especially, the United States has largely demanded that its proxies assume the vast majority of the tactical risk, which negatively affects the perception of American resolve to accomplish its stated objectives.

Even overwhelming military force is only a useful deterrent if adversaries believe a state has the resolve to use it. American reticence to use the breadth of its military strength to counter Iranian influence in the Middle East has reduced the competition to irregular forces and both state and nonstate partners. In this realm, displaying resolve is still vitally important. Although recent protests indicate Iran is not immune to domestic backlash, Iran has shown a willingness to use and lose its special operations forces in external operations. The United States risks losing influence in the Middle East and control of its partner forces if it is not willing to expose its own special operations forces in a similar way. In the end, the competition between the United States and Iran in the Middle East comes down to resolve.

FBI Affidavit/Warrant Stephen Paddock Released

LATimes: Her fingerprints were on the ammunition. Her casino players’ card was found in his room. Investigators scoured her social media accounts and emails — one of which he, Stephen Paddock, had access to.

Marilou Danley may not have been present when Paddock unleashed a furious barrage of bullets down on a crowd of 20,000 at a Las Vegas country music festival, killing 58 people and wounding more than 500 others, but her links to his life seemed to be everywhere.

The facts about Danley were among the details revealed when a U.S. District Court judge in Las Vegas unsealed more than 300 pages of search warrants and affidavits at the request of several media outlets, including the Los Angeles Times. The request was unopposed by prosecutors.

But why the 64-year-old Paddock shot up the Route 91 Harvest festival on Oct. 1 remains a mystery, and the search warrants — despite revealing his large cache of weaponry — raise more questions than answers about his actions and motive.

Paddock came to Las Vegas with an arsenal — more than 20 firearms and hundreds of rounds of ammunition and spent casings were found in his room on the 32nd floor of the Mandalay Bay Hotel and Casino. Other search warrants revealed more than 1,000 rounds and 100 pounds of explosive material in his car.

Authorities also recovered 18 firearms and more than 1,000 rounds at Paddock’s house in Mesquite, Nev. A “large quantity of firearms” was recovered from another residence he had in Reno.

The search warrants also covered electronic accounts and social media accounts of Paddock and Danley. They revealed an exchange about a money wire transfer. Danley returned from a trip to the Philippines days after the shooting, but wasn’t arrested when she arrived in the United States.

Las Vegas Shooting Warrants by MikeBalsamoReports on Scribd


According to an affidavit, Danley was identified early on “as the most likely person who aided or abetted Stephen Paddock based on her informing law enforcement that her fingerprints would likely be found on the ammunition used during the attack.”

In the court documents, she told investigators she occasionally participated in the loading of the magazines.

Danley has fully cooperated with authorities and has released statements saying she had no idea what Paddock was planning and that she was devastated by the massacre. She was never arrested, though was deemed “a person of interest” by police after the shooting. Her attorney could not be reached for comment.

Officials with the Las Vegas Metropolitan Police Department did not return a request for comment.

Not much is known about Danley’s and Paddock’s relationship, though workers at a Starbucks in a Mesquite casino recalled that he had a habit of berating her in public. The abuse would come if she asked to use his casino card to make a purchase. Danley stood only elbow high to Paddock, a tall man with a beer belly.

Esperanza Mendoza, a supervisor at the Starbucks, told The Times in October: “He would glare down at her and say — with a mean attitude — ‘You don’t need my casino card for this. I’m paying for your drink, just like I’m paying for you.’ Then she would softly say, ‘OK,’ and step back behind him. He was so rude to her in front of us.”

On Friday, U.S. District Judge Jennifer Dorsey said she saw no reason to keep the warrants sealed, especially since lawyers with the federal government did not oppose the unsealing, with some minor redactions. However, 10 pages were kept under seal pending a hearing in state court Tuesday.

Authorities also revealed in the court documents emails from Amazon to Paddock’s email account with his home in Mesquite as the destination. It showed that on Sept. 7, 2017, he received an email related to the purchase of a “EOTech 512 A65 Tactical Holographic firearm accessory.”

Amazon confirmed the delivery would go to his residence. “Investigators believe this piece of equipment was utilized in the attack carried out by Stephen Paddock,” the affidavit read.

The warrants released Friday also produced a puzzling email exchange that Paddock appeared to have with himself.

One instance where investigators identified two email account attached to him — [email protected] and [email protected] — an exchange began with “Try an ar before u buy. We have a huge selection. Located in the Las Vegas area.”

Later that day, an email was received back from [email protected] that read “we have a wide variety of optics and ammunition to try.”

Then Paddock sent an email to [email protected] that read: “for a thrill try out bumpfire ar’s with 100 round magazine.”

In the affidavit, investigators said they believed the communications may have been related to the eventual attack. Authorities have said Paddock used a “bump stock,” a device that can make semiautomatic guns mimic the rapid fire of automatic weapons.

But FBI investigators appeared perplexed by the exchange.

“Investigators have been unable to figure out why Stephen Paddock would be exchanging messages related to weapons that were utilized in the attack between two of his email accounts. Conversely, if the Target Account was not controlled by Stephen Paddock, investigators need to determine who was communicating with him about weapons that were used in the attack,” according to a warrant.

There was also a warrant that revealed Paddock’s room at Mandalay Bay had three cellphones. Two were unlocked, but “neither contained significant information that allowed investigators to determine the full scope of Stephen Paddock’s planning and preparation for the attack.”

The third phone, however, was unable to be unlocked, the affidavit said.

 

More Indictments on Uranium One Money Laundering Scandal

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Primer: December 15, 2015/Former Russian Nuclear Energy Official Sentenced to 48 Months in Prison for Money Laundering Conspiracy Involving Foreign Corrupt Practices Act Violations

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Office of Public Affairs

FOR IMMEDIATE RELEASE
Friday, January 12, 2018

Former President of Maryland-Based Transportation Company Indicted on 11 Counts Related to Foreign Bribery, Fraud and Money Laundering Scheme

Executive Allegedly Paid Bribes to a Russian Official So His Company Could Win Highly Sensitive Nuclear Fuel Transportation Contracts

An indictment against a former co-president of a Maryland-based transportation company that provides services for the transportation of nuclear materials to customers in the United States and abroad, was unsealed today for his alleged role in a scheme that involved the bribery of an official at a subsidiary of Russia’s State Atomic Energy Corporation.

Acting Assistant Attorney General John P. Cronan of the Justice Department’s Criminal Division, Acting U.S. Attorney Stephen M. Schenning of the District of Maryland, Principal Deputy Inspector General April G. Stephenson of the U.S. Department of Energy’s Office of Inspector General (DOE-OIG) and Assistant Director in Charge Andew W. Vale of the FBI’s Washington, D.C. Field Office made the announcement.

Mark Lambert, 54, of Mount Airy, Maryland, was charged in an 11-count indictment with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and to commit wire fraud, seven counts of violating the FCPA, two counts of wire fraud and one count of international promotion money laundering.  The charges stem from an alleged scheme to bribe Vadim Mikerin, a Russian official at JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, in order to secure contracts with TENEX.

The case against Lambert is assigned to U.S. District Court Judge Theodore D. Chuang of the District of Maryland.

According to the indictment, beginning at least as early as 2009 and continuing until October 2014, Lambert conspired with others at “Transportation Corporation A” to make corrupt and fraudulent bribery and kickback payments to offshore bank accounts associated with shell companies, at the direction of, and for the benefit of, a Russian official, Vadim Mikerin, in order to secure improper business advantages and obtain and retain business with TENEX.   In order to effectuate and conceal the corrupt and fraudulent bribe payments, Lambert and others allegedly caused fake invoices to be prepared, purportedly from TENEX to Transportation Corporation A, that described services that were never provided, and then Lambert and others caused Transportation Corporation A to wire the corrupt payments for those purported services to shell companies in Latvia, Cyprus and Switzerland.  Lambert and others also allegedly used code words like “lucky figures,” “LF,” “lucky numbers,” and “cake” to describe the payments in emails to the Russian official at his personal email account.  The indictment also alleges that Lambert and others caused Transportation Corporation A to overbill TENEX by building the cost of the corrupt payments into their invoices, and TENEX thus overpaid for Transportation Corporation A’s services.

In June 2015, Lambert’s former co-president, Daren Condrey, pleaded guilty to conspiracy to violate the FCPA and commit wire fraud, and Vadim Mikerin pleaded guilty to conspiracy to commit money laundering involving violations of the FCPA.  Mikerin is currently serving a sentence of 48 months in prison and Condrey is awaiting sentencing.  The indictment includes allegations against Lambert based on his role in effectuating the criminal scheme with Condrey, Mikerin, and others.

The charges in the indictment are merely allegations, and the defendant is presumed innocent unless proven guilty beyond a reasonable doubt in a court of law.

The case is being investigated by DOE-OIG and the FBI.  Assistant Chiefs Ephraim Wernick and Christopher J. Cestaro and Trial Attorney Derek J. Ettinger of the Criminal Division’s Fraud Section, as well as Assistant U.S. Attorneys David I. Salem and Michael T. Packard of the District of Maryland, are prosecuting the case.

The Criminal Division’s Office of International Affairs has provided significant assistance in this matter.  The Department also thanks its law enforcement colleagues in Switzerland, Latvia and Cyprus for providing valuable assistance with the investigation and prosecution of the case.

The Criminal Division’s Fraud Section is responsible for investigating and prosecuting all FCPA matters.  Additional information about the Justice Department’s FCPA enforcement efforts can be found at www.justice.gov/criminal/fraud/fcpa.

Topic(s):
Foreign Corruption
Press Release Number:
18-34