C’mon Trump, Don’t Backtrack on This

ALERT: Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. We will notify the public before resuming premium processing for H-1B petitions. Read more here: USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions

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US suspends expedited processing of H-1B visas

(CNN) The US is temporarily suspending expedited processing of H-1B visas, eliminating the option of shorter wait times for the program that helps highly skilled foreigners work at US companies.

Under the current system, companies submitting applications for H-1B visas for potential employees can pay extra for expedited processing, which is referred to as premium processing. Premium processing costs an additional $1,225 and ensures a response from the US Citizenship and Immigration Services in 15 days or the fee is refunded. Processing of standard H-1B applications — those that are not premium — takes between three to six months.
The suspension is effective April 3, and could last up to six months, according to USCIS.
The change comes as President Donald Trump is said to be drafting a new version of his court-halted executive order that banned travelers from seven Muslim-majority countries from entering the US. The new ban will exclude existing visa holders, sources familiar with the plan have told CNN.
Fierce competition
The H-1B visa program is the main pathway for highly skilled foreigners to work at US companies. Various industries, including tech, engineering, journalism, medicine and academia, vie each year for the program’s 85,000 visas.
The visas are doled out by a lottery, and the number of applicants continues to swell each year. Last year, the demand was three times greater than the quota.
Outsourcing firms flood the system with applicants, obtaining visas for foreign workers and then farming them out to tech companies. They take a sizable cut of the salary.
While the visas are used to fill the US skills gap, Trump has spoken out about abuse of the program.
Calls for reform
A bipartisan bill introduced this week in Congress calls for reform of visas for highly skilled workers.

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**** C’mon Donald…it is not enough as you said on the campaign trail.

ComputerWorld: In November, President Donald Trump said on his first day in office he would order an investigation of H-1B abuses.

That never happened, though critics held their tongues. After all, Trump had repeatedly campaigned for H-1B reforms, even inviting laid-off Disney IT workers to speak at his campaign rallies. Even so, patience is ending.

Sen. Dick Durbin (D-Ill), a long-time critic of the H-1B visa program and co-sponsor of a reform bill with Sen. Chuck Grassley (R-Iowa), accused Trump today of failing “to put American workers first by cracking down on H-1B visa abuse.

“I am disappointed that you have broken your campaign promise to take action on the first day of your Administration to reform foreign guest worker visas – especially the H-1B visa – to put American workers first,” Durbin wrote in a letter to Trump sent Friday.

The White House did not respond to a request for comment. Durbin’s letter could be dismissed by some as a partisan attack by a Democrat, but he is not alone. The IEEE-USA has also warned that Trump is in danger of “letting down American workers.”

A key issue is the upcoming April 1 H-1B visa lottery. Trump has voiced support for a merit-based distribution system. As it stands now, however, the H-1B visas for the 2018 fiscal year will be distributed by lottery, no different than any other year. As a result, the IEEE-USA has warned that unless Trump moves to change the lottery, thousands of visas will go to offshore outsourcing firms.

IT workers have long complained about training H-1B-holding replacements, and Trump has spoken of the problem.

“Companies are importing low-wage workers on H-1B visas to take jobs from young college-trained Americans,” Trump said at a campaign rally last fall for Millennial-age voters in Ohio.

It’s not clear how much authority Trump even has to change the lottery. There are three competing views.

The IEEE-USA believes Trump needed to make a regulation to change the annual H-1B distribution. But Trump needed to do so this week to meet a 30-day notice requirement. But an official from the American Immigration Lawyers Association believes the only way Trump can change the lottery is with legislation, which means he has to wait for Congress to act. A third view is that Trump can change the lottery right up to April 1 with an executive order.

The Trump administration has given no indication of what it will do about this year’s visa lottery.

“The American people deserve an explanation for your decision not to pursue H-1B reforms on your first day in office,” wrote Durbin.

“If you do not take action in the next few weeks, outsourcers will secure the right to import tens of thousands of low-wage foreign guest workers to replace American workers,” wrote Durbin. “This is in addition to hundreds of thousands of H-1B workers who are already employed by outsourcing companies in the United States.”

Terrorists in U.S. Several Years Before Being Radicalized, then Canada

The Homeland Security report is based on unclassified information from Justice Department press releases on terrorism-related convictions and attackers killed in the act, State Department visa statistics, the 2016 Worldwide Threat Assessment from the U.S. intelligence community and the State Department Country Reports on Terrorism 2015.

The three-page report challenges Trump’s core claims. It said that of 82 people the government determined were inspired by a foreign terrorist group to carry out or try to carry out an attack in the United States, just over half were U.S. citizens born in the United States. The others were from 26 countries, led by Pakistan, Somalia, Bangladesh, Cuba, Ethiopia, Iraq and Uzbekistan. Of these, only Somalia and Iraq were among the seven nations included in the ban.

Of the other five nations, one person each from Iran, Sudan and Yemen was also involved in those terrorism cases, but none from Syria. It did not say if any were Libyan.

The report also found that terrorist organizations in Iran, Libya, Somalia and Sudan are regionally focused, while groups in Iraq, Syria and Yemen do pose a threat to the U.S.

The seven countries were included in a law President Barack Obama signed in 2015 that updated visa requirements for foreigners who had traveled to those countries. More here from Associated Press.

Then we have the gullible Prime Minister of Canada, Justin Trudeau who has invited Middle Eastern migrants, asylees and refugees in a welcome to Canada. Yet the intelligence and security authorities in Canada have a different position.

The principal terrorist threat to Canada remains that posed by violent extremists who could be inspired to carry out an attack in Canada. Violent extremist ideologies espoused by terrorist groups like Daesh and Al Qaeda (AQ) continue to appeal to certain individuals in Canada.

Infographic: A terrorism timeline of incidents involving Canadians between October 20, 2014 and September 30, 2016. Long description below.

Long description of infographic: Terrorism timeline

2016 Public Report on the Terrorist Threat to CanadaThe principal terrorist threat to Canada remains that posed by violent extremists who could be inspired to carry out an attack in Canada. Violent extremist ideologies espoused by terrorist groups like Daesh and Al Qaeda (AQ) continue to appeal to certain individuals in Canada.

As in recent years, the Government of Canada has continued to monitor and respond to the threat of extremist travellers, that is, individuals who are suspected of travelling abroad to engage in terrorism-related activity. The phenomenon of extremist travellers—including those abroad, those who return, and even those prevented from travelling—poses a range of security concerns for Canada. As of the end of 2016, the Government was aware of approximately 180 individuals with a nexus to Canada who were abroad and who were suspected of engaging in terrorism-related activities. The Government was also aware of a further 60 extremist travellers who had returned to Canada.

The threat environment has also evolved beyond Canada’s borders. Daesh has continued to dominate the landscape in the Middle East, where other terrorist groups such as Jabhat al-Nusra and Hizballah also operate. Elsewhere in the Middle East, Al Qaeda in the Arabian Peninsula (AQAP) has taken advantage of the civil conflict in Yemen to capture territory there and strengthen itself. In addition, 2016 saw Daesh’s expansion in Africa, and Boko Haram (now rebranded as a Daesh affiliate in West Africa) continues to pose a major threat to regional stability. In South and Southeast Asia, Daesh expansionism and entrenched regional groups shaped the threat environment.

Canadians and Canadian interests are also affected. Canadian Armed Forces (CAF) personnel, government officials and private citizens are under constant threat in certain regions. In September 2015, two Canadians were kidnapped in the Philippines. Both were killed by their captors in the spring of 2016. In January 2016, an AQ-affiliated group based in Mali attacked a hotel in Burkina Faso, killing six Canadians. That same month, attackers linked to Daesh targeted a coffee shop in Jakarta, Indonesia, killing one Canadian. In June 2016, a Somali government minister with Canadian citizenship was killed in an Al-Shabaab terrorist attack on a hotel in Mogadishu, Somalia. Also in June, 15 Nepalese security guards who protected the Embassy of Canada to Afghanistan in Kabul were killed when terrorists targeted the bus that was transporting them to work.

International Cooperation

The international security environment continues to result in increased threats to Canada and its interests, both domestically and abroad. Ongoing conflicts in several regions of Africa, the Middle East, Asia, Eastern Europe and elsewhere show no signs of abating and continue to have serious national and international security implications. Worldwide incidents of terrorism, espionage, weapons proliferation, illegal migration, cyber-attacks and other acts targeting Canadians—directly or indirectly—remain ever present. Since the bulk of such threats originate from (or have a nexus to) regions beyond Canada’s borders, CSIS needs to be prepared and equipped to investigate the threat anywhere.

Additionally, certain security threats continue to evolve. Over the past several years, the globalization of terrorism, fueled by elaborate online propaganda videos by extremist groups, has expanded the breadth of radicalization. In some instances, individuals influenced by extremist ideology and driven by a need to feed their sense of belonging have travelled (or attempted to travel) abroad to participate in terrorist activity. Others may continue to support their extremist ideology through training, fundraising, recruitment and attack planning within Canada. As the threat posed by ‘foreign fighters’ is international in scope, a global reach is an absolute necessity in efforts to track and thwart threats to Canada and its allies posed by such individuals.

Furthermore, while the international focus has been on countering terrorism, espionage threats remain ever present and have become far more complex due to continuing advancements in technology and the globalization of communications. On the cyber front, foreign governments and hackers continue to exploit the Internet and other means to target critical infrastructure and information systems of other countries.

Such threats cannot be countered in isolation, and CSIS must remain adaptable in order to keep abreast of developments in both the domestic and international spheres. Despite differences in mandate, structure or vision, security intelligence agencies around the globe are all faced with very similar priorities and challenges. To meet the Government of Canada’s priority intelligence requirements, CSIS maintains a well-established network of relationships with foreign agencies. In accordance with s.17(1)(b) of the CSIS Act, all such arrangements are authorized by the Minister of Public Safety and supported by the Minister of Foreign Affairs. These arrangements provide CSIS access to timely information linked to a number of threats and allow the Service (and, in turn, the Government of Canada) to obtain information which might otherwise not be available.

As of March 31, 2016, CSIS had established over 300 foreign arrangements in some 150 countries. Of those, 69 remain defined as ‘Dormant’ (due to a lack of need for engagement or exchanges for a period of one year or more), while nine remained defined as ‘Restricted’ due to concerns over the affected agencies’ respect for human rights or its reliability. The human rights reputations of foreign agencies with which CSIS engages is not something which the Service takes lightly. In order to mitigate potential risks of sharing information, CSIS regularly assesses its foreign relationships and reviews various government and non-government human rights reports for all countries with which the Service has implemented ministerially approved arrangements, always cognizant of the fact that our first responsibility is to the Canadian people and their safety. CSIS opposes in the strongest possible terms the mistreatment of any individual by a foreign agency. The Service must and does comply with Canada’s laws and legal obligations in sharing information with foreign entities, and expects the same from its foreign counterparts.

Terrorist Group Profiles

Cyber threats from hostile actors continue to evolve. State-sponsored entities and terrorists alike are using Computer Network Operations (CNO) directed against Canadian interests, both domestically and abroad. Canada remains both a target for malicious cyber activities, and a platform from which these hostile actors conduct CNO against entities in other countries.

Infographic: Graphic depicting Canadian sectors vulnerable to cyber threats. Long description below.

Long description of infographic: Canadian sectors at risk

These state-sponsored and terrorist CNO actors are increasing in number, capability and aggression, and have access to a growing range of tools and techniques that they can employ to accomplish their mission. As these tools and techniques evolve and become more complex, so too do the challenges of detecting and attributing CNO.

Moreover, despite the fact that they originate in the virtual realm, the consequences of CNO can be very real. For example, in December 2015, a cyber-attack conducted against three Ukrainian power companies resulted in a power outage that left hundreds of thousands of people in the dark. The type of systems the actors exploited in this attack is used by energy companies worldwide. Should such destructive cyber-operations be targeted against similar systems in Canada, they could potentially affect any and all areas of its critical infrastructure.

Unfortunately, CNOs are not uncommon and agencies at all levels of government in Canada have faced this threat. The Government of Canada witnesses serious attempts to penetrate its networks on a daily basis.

CSIS is also aware of state-sponsored cyber-espionage and influence activities targeting the private sector in Canada and abroad. The targets of these attacks often fall within Canada’s advanced technology sector and throughout the critical infrastructure spectrum. Universities engaged in advanced research and development have also been subjected to CNO. In addition to stealing intellectual property, one of the objectives of state-sponsored CNO is to obtain information which will give their own companies a competitive edge over Canadian firms. This could impact investment or acquisition negotiations involving Canadian companies and the Government of Canada, and, in turn, lead to lost jobs, revenue, and market share. Ultimately, cyber-espionage negatively impacts Canada’s economy as a whole.

In responding to these threats, CSIS relies on specialized collection techniques to report on state-sponsored cyber-espionage or cyber-terrorism activity. For instance, by analyzing networks or malware behind CNOs, the Service can uncover clues that help identify the origins of the cyber-attacks (known as “attribution”).

The Service also maintains relationships with domestic and foreign agencies to provide the Government of Canada with the most up-to-date intelligence regarding the cyber threats facing Canada and who is behind them.

The CSIS Security Screening program represents one of the most visible of the Service’s operational sectors. It helps defend Canada and Canadians from threats to national security emanating from terrorism and extremism, espionage, and the proliferation of weapons of mass destruction. Security screening prevents persons who pose these threats from entering or obtaining status in Canada, or from obtaining access to sensitive sites, government assets or information. In addition, through its government screening program, CSIS assists the RCMP with the accreditation process for Canadians and foreign nationals seeking access to or participating in major events in Canada.

2014-2015 2015-2016

Note: Figures have been rounded
**Individuals claiming refugee status in Canada or at ports of entry

Infographic: Statistics on the security screening program at CSIS for the 2014-2015 and 2015-2016 fiscal years. Long description below.

Long description of infographic: Statistics from the security screening program

Long description of infographic: Statistics for the 2015 Pan Am Games

Read more about the CSIS Security Screening program

The CSIS Security Screening program also played a key role in achieving the Government of Canada’s goal to resettle 25,000 refugees from Syria by February 29, 2016. Between November 2015 and February 2016, CSIS conducted screening investigations on the applicants selected for resettlement in Canada. CSIS continues to work closely with the Canada Border Services Agency (CBSA) and Immigration, Refugees, and Citizenship Canada (IRCC) to provide timely security advice regarding permanent resident applicants who could represent a threat to Canada’s national security, while ensuring legitimate refugees are screened and resettled in a timely manner.

The people of CSIS are committed to ensuring a Service that is nimble, flexible and innovative, and takes responsible risks in the delivery of its mandate and in the pursuit of its strategic outcome.

As of March 31, 2016
Infographic: the make-up of CSIS workforce and awards received. Long description below.

Long description of infographic: Statistics related to CSIS’ workforce and awards received

Recruiting the right talent to deliver on our mandate remains a key priority for the Service and the CSIS recruiting website, csiscareers.ca represents the cornerstone of our efforts. During 2014-2016, there were over 2 million hits to the site resulting in close to 90,000 applications being submitted.

Infographic: Statistics from csiscareers.ca and the total applications received during 2014-2015 and 2015-2016. Long description below.

Visit the CSIS recruiting site(External link)

Long description of infographic: Statistics from the CSIS recruiting site

The Service prioritizes a diverse workforce which allows us to better understand the demographics of the Canadian communities we protect, therefore better equipping us to collect relevant and accurate intelligence. Our recruiting team includes a diversity recruiter who liaises with a variety of community leaders across the country, and attends diversity job fairs and networking events in an effort to attract applicants from designated groups such as visible minorities, Aboriginal peoples and persons with disabilities.

In addition, a partnership has been established with Public Safety, the Royal Canadian Mounted Police (RCMP), Canada Border Services Agency (CBSA), Correctional Service Canada (CSC), Communication Security Establishment (CSE) and Department of National Defence to share best recruiting practices and hold joint initiatives.

The Academic Outreach (AO) program at CSIS seeks to promote conversations with experts from a variety of disciplines and cultural backgrounds working in universities, think tanks and other research institutions in Canada and abroad.

Infographic: Statistics related to the Academic Outreach program for 2014-2015 and 2015-2016. Long description below.

Long description of infographic: Academic Outreach statistics

Infographic: Academic Outreach publications from 2014-2016. Long description below.

Political Stability in West and North Africa - Highlights from the Conference Pitfalls and Promises: Security Implications of a Post-revolutionary Middle East - Highlights from the Conference Russia and the West: The Consequences of Renewed Rivalry - Highlights from the Workshop Brittle Might? Testing China's    Success - Highlights from the Conference Foreign Fighters Phenomenon and Related Security  Trends in the Middle East - Highlights from the Workshop

Long description of infographic: Publications from Academic Outreach

In 2014-2015, AO hosted a conference that brought together multi-disciplinary experts from several countries. The conference was entitled “A Brave New World: Exploring the Evolving Nature of Cyber-conflict” and examined cyber threats facing Canada and its Western allies, our adversaries and their intent, as well as countermeasures that could help mitigate the proliferation of cyber conflict. In 2015-2016, we hosted another conference, “Brittle Might? Testing China’s Success”, which explored the challenges facing modern China, assessed the strengths and weaknesses of the country’s leadership, examined Beijing’s involvement in global affairs and debated China’s trajectory in the coming years.

The international conferences, however, represent only one component of the AO program. We also hosted a number of in-depth briefings on other topics of interest. For instance, one reviewed the global banking sector’s experience at identifying money laundering and terrorist financing activity. Another expert explored the phenomenon of radicalization in Western countries, while another guest specialist assessed the capabilities of Shia militias operating in Iraq and Syria.

During the period of review,  outside experts engaged CSIS staff on discussions covering a range of security and strategic issues, including Russia’s strategy towards the Arctic; the uses and limitations of ‘big data’ for intelligence analysis; Boko Haram’s campaign of violence in Nigeria; and the regional consequences of the conflict in Iraq and Syria on Lebanon.

The Security Intelligence Review Committee (SIRC) is an external independent review body that reports to Parliament on CSIS’ operations. It does so through its three core functions: certifying the CSIS Director’s annual report to the Minister of Public Safety, carrying out in-depth reviews of CSIS activities and conducting investigations into public complaints about CSIS. CSIS’ External Review and Liaison Unit (ER&L) manages the Service’s relationship with SIRC, ensuring that it receives all of the necessary information required to fulfil its mandate.

Infographic: Statistics related to SIRC reviews and complaints made to SIRC. Long description below.

Long description of infographic: SIRC reviews and complaints 2014-2015 and 2015-2016

Each year, SIRC provides a research plan identifying the reviews it plans to undertake. For each review, ER&L works closely with SIRC to ensure it has the documents it needs and to arrange briefings by CSIS employees. ER&L manages the correspondence between SIRC and the Service during a review as well as the Service’s response to the resulting report. These reviews, reflected in SIRC’s Annual Public Report, provide comprehensive assurance to Parliament and the Canadian public about the Service’s exercise of its authorities.

ER&L is also the primary point of contact for all stakeholders on public complaints made to SIRC and ensures that SIRC’s legal counsel has the information required for complaint investigations. When an investigation involves a hearing, ER&L assists Department of Justice legal counsel in preparing the CSIS case, including preparation of submissions, exhibits and arranging witnesses to testify at hearings.

ER&L coordinates CSIS responses to SIRC on questions, requests, recommendations, and correspondence. While CSIS is not required to accept all SIRC recommendations, they are reviewed carefully and CSIS responds in writing and these responses are reflected in SIRC’s Annual Report. In ensuring continuity and transparency, ER&L tracks progress and reports to SIRC on CSIS’ implementation of actions recommended by SIRC.

CSIS Internal Audit Branch / Disclosure of Wrongdoing and Reprisal Protection

The Internal Audit (IA) Branch is led by the Chief Audit Executive (CAE), who reports to the CSIS Director and to the CSIS External Audit Committee (AC). The IA Branch is subject to the Treasury Board Policy on Internal Audit, the Internal Auditing Standards for the Government of Canada as well as the International Standards for the Professional Practice of Internal Auditing.

The CAE provides assurance services to the Director, Senior Management and the AC, as well as independent, objective advice and guidance on the Service’s risk management practices, control framework, and governance processes. The CAE is also the Senior Officer for Disclosure of Wrongdoing.

The AC examines CSIS’ performance in the areas of risk management, control and governance processes relating to both operational activities and administrative services. By maintaining high standards in relation to its review function in particular following-up on the implementation of management action plans derived from audit recommendations, the AC supports and enhances the independence of the audit function.

In the capacity of Senior Officer for Disclosure of Wrongdoing, the CAE is responsible for administering the Internal Disclosure of Wrongdoing and Reprisal Protection Policy. The Policy provides a confidential mechanism for employees to come forward if they believe that serious wrongdoing has taken place. It also provides protection against reprisal when employees come forward, and ensures a fair and objective process for those against whom allegations are made.

The mandate of the Access to Information and Privacy (ATIP) Unit is to fulfill the Service’s obligations under the Access to Information Act and the Privacy Act. The Service’s Chief, ATIP is entrusted with the delegated authority from the Minister of Public Safety Canada to exercise and perform the duties of the Minister as head of the institution.

Infographic: ATIP statistics for the 2014-2015 and 2015-2016 fiscal years. Long description below.

Long description of infographic: ATIP statistics

As the custodian of expertise related to the Service’s obligations under the Access to Information Act and the Privacy Act, the ATIP Unit processes all requests made under the relevant legislation and responds to informal requests for information. In doing so, the unit must balance the need for transparency and accountability in government institutions while ensuring the protection of the Service’s most sensitive information and assets.

The Financial Resources table below provides a snapshot of CSIS expenditures over the last 6 years (from 2010-2011 to 2015-2016).

Infographic: Bar graph of CSIS expenditures over the last six years. Long description below.

Long description of infographic: CSIS expenditures from 2010-2016

 

ATF is an Agency with Rogue Operations on Cigarettes?

Primer: In deference to the ATF, it is known with historical cases that tobacco smuggling does fund terror, see document at end of post)

In 2013, Sixteen Palestinian men, some with ties to convicted terrorists, were indicted in a scheme of cigarette smuggling that spanned New York, Maryland, Delaware, Virginia and New Jersey states. Some of them had ties to known terrorist organizations. See the official case here.

A.T.F. Filled Secret Bank Account With Millions From Shadowy Cigarette Sales

Charlie Batten, a fifth-generation tobacco farmer and U.S. Tobacco Cooperative Inc. board member, at his farm in Four Oaks, N.C. The co-op negotiated a deal to buy a tobacco distribution company whose owners had secret ties to the Bureau of Alcohol, Tobacco, Firearms and Explosives. Credit Jeremy M. Lange for The New York Times

NYT’s/WASHINGTON— Working from an office suite behind a Burger King in southern Virginia, operatives used a web of shadowy cigarette sales to funnel tens of millions of dollars into a secret bank account. They weren’t known smugglers, but rather agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives.

The operation, not authorized under Justice Department rules, gave agents an off-the-books way to finance undercover investigations and pay informants without the usual cumbersome paperwork and close oversight, according to court records and people close to the operation.

The secret account is at the heart of a federal racketeering lawsuit brought by a collective of tobacco farmers who say they were swindled out of $24 million. A pair of A.T.F. informants received at least $1 million each from that sum, records show.

The scheme relied on phony shipments of snack food disguised as tobacco. The agents were experts: Their job was to catch cigarette smugglers, so they knew exactly how it was done.

Government records and interviews with people involved reveal an operation that existed on a murky frontier — between investigating smuggling and being complicit in it. After The New York Times began asking about the operation last summer, the Justice Department disclosed it to the department’s inspector general’s office, which is investigating. The inspector general “expressed serious concerns,” court records show.

The investigation and the looming racketeering trial will bring renewed scrutiny to the A.T.F., which has been buffeted in recent years by the botched gun-tracking operation known as Fast and Furious and its mismanagement of undercover investigations. Members of Congress, particularly Republicans, have heaped criticism on the agency for decades, and the National Rifle Association has lobbied to limit the agency’s authority and funding.

While government auditors have previously cited problems with A.T.F.’s tobacco investigations, this operation went beyond what was identified in that audit, released in 2013. The A.T.F. and the Justice Department declined to comment.

Documents in the racketeering lawsuit outline the A.T.F. operation. The tobacco cooperative is suing a former employee and a consultant who, according to court documents, both worked as A.T.F. informants. The informants have denied all wrongdoing.

Discarded cigarettes at a U.S. Tobacco manufacturing plant in Timberlake, N.C. The U.S. Tobacco co-op is made up of about 700 tobacco farmers who pool their crops and share the profits. Credit Jeremy M. Lange for The New York Times

Part of their defense, records show, is that they acted on behalf of the government. In response, a judge recently added the United States government as a defendant.

Since last summer, The Times has fought to make all the documents public, but the Justice Department has argued successfully in court to keep them secret. Crucial details, however, have been revealed through poor redaction, documents that were filed publicly by mistake and the sheer difficulty of keeping so much a secret for so long.

Buying Into an Operation

In spring 2011, U.S. Tobacco Cooperative was looking to expand its distribution network. The co-op is made up of about 700 tobacco farmers — from Virginia to Florida — who pool their crops and share the profits. Based in Raleigh, N.C., the company is a major exporter to China and produces discount-brand cigarettes including Wildhorse, Traffic and 1839.

“These are really, really good people,” said Stuart D. Thompson, the cooperative’s chief executive. “Every year, they take all their chips. They put them on the table, and they hope they get them all back.”

They also had an existing secret relationship with the A.T.F., records show.

The two men have filed court documents acknowledging “participation in undercover law enforcement activities.” And a judge’s sealed order, which is publicly available online, revealed that the two men worked “on behalf of various government agencies, primarily the Bureau of Alcohol, Tobacco, Firearms and Explosives.”

Photo

Jason Carpenter and Christopher Small, who owned Big South Wholesale in Bristol, Va., have acknowledged participating in undercover law enforcement operations.

The basics of cigarette smuggling are simple. Each state sets its tobacco taxes. Buying cigarettes in low-tax states, like Virginia, and secretly selling them in higher-tax states, like New York, generates large profits. More complicated schemes have shipped cigarettes to Indian reservations, where they are not taxed, then rerouted them for sale on the black market.

A.T.F. agents try to disrupt these networks. Often that means working with informants to buy and sell tobacco on the black market, much the way agents pose as drug dealers to investigate cartels.

Because so much of the case remains sealed, Mr. Carpenter and Mr. Small are prohibited from answering questions about nearly every aspect of the case. “Everything we did that is being attacked now in litigation, we did in good faith,” they said in a statement.

Photo

Stuart D. Thompson, chief executive of U.S. Tobacco, on the manufacturing floor of the plant in Timberlake, N.C. Credit Jeremy M. Lange for The New York Times

Exactly who at U.S. Tobacco knew about their A.T.F. ties and what they knew are a matter of dispute. But there were signs that Big South was not a simple tobacco distributor. Its assets included more than two dozen vehicles, including expensive S.U.V.s and a fleet of Mercedes, B.M.W., Audi, Lexus and Jaguar sports cars.

Early 2011 was a time of intense pressure inside the A.T.F. The agency was under fire from Congress over the Fast and Furious operation, in which agents allowed gun traffickers to buy weapons and ship them to Mexico, hoping the shipments could lead them to major weapons dealers. Justice Department auditors began scrutinizing how A.T.F. agents managed their tobacco smuggling investigations.

With that audit continuing, the A.T.F. issued new rules to tightly monitor undercover investigations. Soon after those rules went into effect, U.S. Tobacco completed its purchase of Big South for $5.5 million, a deal that gave Big South the authority to buy and sell cigarettes on behalf of the cooperative. Almost immediately, the farmers say, Mr. Carpenter and Mr. Small began defrauding them.

It worked like this: An export company working with the A.T.F. placed an order for cigarettes to be shipped internationally — thus not subject to American taxes. Big South would instead ship bottled water and potato chips, making it look as if cigarettes had been exported. Mr. Carpenter and Mr. Small would then buy the tobacco at a slight markup through a private bank account. Lastly, they would sell the tobacco to Big South, again at a markup.

“It’s what I saw with my own eyes,” said Brandon Moore, the warehouse manager and one of the people who discussed the transactions in the case. Their accounts fit with descriptions in court records.

Mr. Moore said he was aware of the A.T.F. operation but became troubled by it as he learned more. “It shouldn’t be going on, even if it is the A.T.F.,” he said.

In one deal described in the lawsuit, the informants bought tobacco at $15 a carton and sold it to U.S. Tobacco at $17.50. The profit, about $519,000, went into what was known as a “management account.” That account, while controlled by Mr. Carpenter and Mr. Small, helped pay for A.T.F. investigations.

Mr. Moore, the warehouse manager, said agents often told him what to buy on the company’s credit card. For instance, he recalled spending tens of thousands of dollars at Best Buy on iPads, televisions and other gifts to curry favor with potential criminal targets.

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A testing room at U.S. Tobacco’s Timberlake facilities, where buyers can sample types of tobacco. Credit Jeremy M. Lange for The New York Times

Mr. Carpenter and Mr. Small have also acknowledged in court documents receiving more than $1 million each, though it is not clear from public documents whether that was profit or reimbursement for expenses paid on behalf of the government.

How that arrangement began is unclear. Ryan Kaye, an A.T.F. supervisor, testified that the management account was created “as a result of verbal directives from the A.T.F. program office and other headquarters officials.” Mr. Kaye’s full statement is sealed, but excerpts are cited in one publicly available document.

The defendants in the lawsuit contend that U.S. Tobacco got a good deal on the cigarettes, even at the prices they paid. The farmers tell a different story, saying they never would have purchased Big South if they understood that Mr. Carpenter and Mr. Small had a side arrangement that involved selling them tobacco at inflated values.

The arrangement began to break down in late 2012, when Mr. Thompson joined U.S. Tobacco as the chief financial officer. He was curious why his warehouse was placing so many orders for a brand of cigarette that competes against U.S. Tobacco. He could not get a straight answer, the company said in court documents.

In March 2013, Mr. Moore picked up the phone, called Mr. Thompson and explained what was happening. “I did what I did because of the ethics of it,” Mr. Moore said recently. “What was happening there was wrong.”

Once U.S. Tobacco discovered the bookkeeping irregularities, it reported them to the Justice Department, which investigates white-collar crime and government misconduct. Records show that the Justice Department, which includes the A.T.F., investigated some aspects of the case but no charges were filed.

“We voted unanimously to give everything we had to the government,” said Charlie Batten, a U.S. Tobacco board member whose family has worked the same North Carolina soil for generations. “We thought they would take it and run with it. What happened was, they’ve fought us tooth and nail.”

Because of the sealing order, Mr. Thompson, Mr. Batten and others are prohibited from discussing what happened to the money — even with their own farmers.

Three years into its lawsuit, U.S. Tobacco still cannot disentangle itself from the government. The cooperative recently told a judge that it was under investigation by the Treasury Department.

All those secret tobacco sales, it turns out, should have been taxed. And the government wants its money.

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House Homeland Security Committee: Tobacco and Terror: How Cigarette Smuggling is Funding our Enemies Abroa… by stoptobaccosmuggling on Scribd

Resistance Recess, Townhall Protests Operations

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Attend a Resistance Recess Event: Save our Health Care, our Communities, and our Democracy

The week of February 18–26 is the first recess of the 115th Congress—time specifically set aside for members of Congress to meet with constituents and get the pulse of the communities they represent.

This is the perfect time to raise our voices. We will show up at our elected officials’ events, town halls, other public appearances, and even plan our own events, if they refuse to meet with us, to make it clear to those who represent us, as well as to the media, that tolerance of Trump’s hurtful agenda is unacceptable and politically toxic.

*** And they are fulfilling the mission:

Protesters, supporters of Trump rally outside Darrell Issa’s office

House Oversight chair Jason Chaffetz slams town hall protesters

Noisy town hall protests show how the left is trying out tea party tactics to fight Trump
McClintock is escorted by police as protesters followed him shouting "Shame on you!"

Resistance Recess Materials

California Secede from United States, Courtesy of Russia

The movement:

In our view, the United States of America represents so many things that conflict with Californian values, and our continued statehood means California will continue subsidizing the other states to our own detriment, and to the detriment of our children.

Although charity is part of our culture, when you consider that California’s infrastructure is falling apart, our public schools are ranked among the worst in the entire country, we have the highest number of homeless persons living without shelter and other basic necessities, poverty rates remain high, income inequality continues to expand, and we must often borrow money from the future to provide services for today, now is not the time for charity.

However, this independence referendum is about more than California subsidizing other states of this country. It is about the right to self-determination and the concept of voluntary association, both of which are supported by constitutional and international law.

It is about California taking its place in the world, standing as an equal among nations. We believe in two fundamental truths: (1) California exerts a positive influence on the rest of the world, and (2) California could do more good as an independent country than it is able to do as just a U.S. state.

In 2016, the United Kingdom voted to leave the international community with their “Brexit” vote. Our “Calexit” referendum is about California joining the international community. You have a big decision to make.

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He’s the founder of a Californian independence movement. Just don’t ask him why he lives in Russia.

WaPo: Louis J. Marinelli is a man on a quixotic mission: to help California secede from the United States and become an independent country.

Image result for Louis J. Marinelli

Surprisingly, this quest has been going relatively well of late. Marinelli’s group, Yes California, is attempting to collect 585,000 signatures necessary to place a secessionist question on the 2018 ballot. Buoyed by California’s already tense relationship with President Trump, the campaign has received a large amount of press coverage and support over the past few months.

But for the 30-year-old Yes California president, there remains one annoying problem: People keep asking him why he lives in Russia.

In the wake of Yes California’s recently acquired momentum, a lot of people have taken note of Marinelli’s unusual home base. Numerous articles have appeared in the Californian media noting Marinelli’s choice of residence. On social media, discussions about Marinelli often take on a deeply conspiratorial tone.

“Hands off California, Putin,” a rival secessionist movement, the California National Party, tweeted in January. “We won’t take orders from your puppet Moscow Marinelli.”

Marinelli has perhaps compounded the issue by making numerous appearances on Russian state media (approximately once a week, by his own estimation), at times offering a political viewpoint that seems to line up neatly with the Kremlin’s. In late December, the Russian media gave widespread coverage to Marinelli as his group opened a “Californian Embassy” in Moscow.

Speaking via video chat from his home in Yekaterinburg earlier this month, Marinelli seemed exasperated when quizzed about his decision to live in Russia.

Image result for yekaterinburg russia

“And Barack Obama was born in Kenya, right?” he said incredulously.

“The fact that I’m an English teacher in Yekaterinburg doesn’t mean there’s some Russian government conspiracy or support for our campaign,” Marinelli said. “The fact that I studied Russian language courses at Saint Petersburg State University in 2007 or ’08 doesn’t mean that I know Vladimir Putin, who graduated from there in 1975.”

He offered an explanation for his circumstances that went into more detail than one posted in a FAQ section on the Yes California website. It presented a reasonable — though unusual — set of events that had resulted in him leading a Californian independence movement from half a world away.

It goes like this: Buffalo-born Marinelli moved to California in 2006. A year later, he upped sticks and went to Saint Petersburg State University to study Russian. He lived “on and off” in Russia between 2007 and 2011, during which time he met his wife, a Russian citizen. The pair moved back to San Diego, but Marinelli’s partner ran into problems with the U.S. immigration system.

“Her visa had expired and there was really no way for us to easily adjust her status,” Marinelli said. “If she had left the country, she’d be banned for 10 years, and so that wasn’t an option.”

Marinelli said they received a “glimmer of hope” last August that would allow his wife, who has been unable to leave the country until her legal status in the United States was secured, a chance to return home. She was desperate to visit her family, he said, so Marinelli found an apartment in Yekaterinburg and a job teaching English for a semester that provided him a visa. But then, according to his telling, “the immigration thing kind of fell through,” and his wife was unable to travel.

The end result was that Marinelli was obliged to go to Russia, he said, while his Russian wife was stuck in San Diego. “We’re still working on resolving the problem,” Marinelli said, adding that his wife was in the process of getting a green card. “Hopefully that goes well and we can end this chapter of our lives.”

It’s a strange situation — and not exactly how some of Marinelli’s partners in Yes California describe it (Marcus Ruiz Evans, the group’s vice president, told The Washington Post that Marinelli’s wife also lived in Russia).

But it is a plausible scenario.

Marinelli’s ties to Alexander Ionov are perhaps bigger conspiracy fodder. Ionov is the founder of the Anti-Globalization Movement of Russia, a group that supports various secessionist movements around the world. Last September, he put on a Kremlin-sponsored event in Moscow for Western secessionists that Marinelli and other representatives of Yes California attended.

Reached via email, Ionov said that about 30 percent of the funding for the event came from the Russian government. But he said none of that money was given to any U.S. groups, including Yes California. Marinelli also pushed back on the idea that this represents a link with the Russian government.

“We don’t have any communication with or contact with or receive any support of any kind from the Russian government or any Russian government officials,” Marinelli said.

“We’re not actively pursuing a dialogue with Vladimir Putin here in Russia even though I’m in Russia,” he added.

Would Putin want a dialogue? Some experts said that while Ionov and his group may have some limited ties to the Kremlin, they are ultimately small fry in Moscow.

Simon Saradzhyan, the founding director of the Russia Matters Project at Harvard’s Belfer Center for Science and International Affairs, said that the Russian government probably wasn’t taking the Yes California project very seriously, “if only because that chances that this movement can eventually win independence for that state are close to zero.” But Saradzhyan also noted that Russia could well be interested in getting revenge on Washington for what it saw as U.S. support for Chechen separatism in the 1990s.

Fiona Hill, a Russia expert with Brookings Institution, said in an email that historical Russian links to California added further intrigue to the situation.

“Russia had a major early-19th century colony in California and there has been quite a lot of interest in promoting this from circle’s close to the Kremlin,” Hill said, pointing to Kremlin-connected oligarch Viktor Vekselberg and his interest in Fort Ross, the former colony in what is now Sonoma County.

It sounds outlandish, but after an election in which Russian interference supposedly helped a former reality television star with no political experience gain entry to the White House — well, perhaps it doesn’t seem that outlandish. Marinelli didn’t sound like a fan of the way that election turned out. He repeatedly criticized Trump during his interview with WorldViews, noting how the U.S. president had threatened to defund California.

Marinelli also admitted that he voted for Trump — a tactical decision, he explained. “We need things that we can use to promote the cause, and I think Donald Trump is a daily advertisement for that cause,” he said, noting that his vote didn’t matter much in California, anyway.

When it comes to Marinelli’s thoughts on the other president in his life, Putin, he keeps his cards closer to his chest. He said he doesn’t have an emotional connection to Russia in the same way he does the United States, which is actually “a great thing” about living in Yekaterinburg.

Back home, he said, he was often frustrated by what he saw as America’s failings.

“I think every country has progress to make on some fronts. People say, for example, that Russia has progress to make when it comes to civil rights and human rights,” he said. “And the United States doesn’t? In Russia, police aren’t shooting people because of their skin color. There’s pros and cons.”

Read more:

‘California is a nation, not a state’: This movement wants a break from the U.S.