Obamaphones Back in the News, the Scandal was a Secret

Primer: Remember YOU, the taxpayer are subsidizing this program.

FNC/WSJ: The U.S. government spent about $2.2 billion last year to provide phones to low-income Americans, but a Wall Street Journal review of the program shows that a large number of those who received the phones haven’t proved they are eligible to receive them.

The Lifeline program—begun in 1984 to ensure that poor people aren’t cut off from jobs, families and emergency services—is funded by charges that appear on the monthly bills of every landline and wireless-phone customer. Payouts under the program have shot up from $819 million in 2008, as more wireless carriers have persuaded regulators to let them offer the service.

The FCC on the Lifeline program.

FCC Kept ‘Obamaphone’ Fraud Under Wraps Until After It Expanded Program

Commissioners were instructed not to reveal $5 million fine until day after controversial Lifeline expansion vote

 Tom Wheeler / APTom Wheeler / AP

Federal regulators were instructed to keep a massive fraud investigation under wraps until a day after a controversial vote to expand a program that was allegedly used to bilk taxpayers of tens of millions of dollars, one those regulators claims.

The Federal Communications Commission on Friday announced that it would seek $51 million in damages from a cell phone company that allegedly defrauded the federal Lifeline program of nearly $10 million.

The commission’s five members unanimously backed the Notice of Apparent Liability (NAL), but Republican commissioner Ajit Pai parted from his colleagues in a partial dissent. According to Pai, he and other commissioners were told not to reveal the details of its investigation until April 1, a day after the FCC voted to expand the Lifeline program.

“Commissioners were told that the Notice of Apparent Liability could not be released or publicly discussed until April 1, 2016, conveniently one day after the Commission was scheduled to expand the Lifeline program to broadband,” Pai wrote. “That’s not right.”

Pai did not say who issued that directive. However, it had the effect of preventing public knowledge of widespread fraud in the Lifeline program ahead of a contentious vote on expanding it despite persisting concerns about a lack of internal safeguards.

FCC spokesman Will Wiquist insisted that the timing was completely coincidental. “The timing of the enforcement action was in no way related to the timing of the vote on the program modernization,” he said in an email.

Lifeline has faced controversy over enrollment requirements that its critics say are too lax and vulnerable to fraud. The service, which subsidizes cell phone plans for low-income Americans, allows beneficiaries to enroll using cards issued for the Supplemental Nutrition Assistance Program (SNAP), a welfare program that has also faced fraud allegations.

Critics of the Lifeline program began calling its subsidized cell phones “Obamaphones” early in the Obama administration in response to viral YouTube videos of beneficiaries thanking the president for their free phones. The program was actually created under President Ronald Reagan.

The FCC’s NAL last week accused cell phone provider Total Call Mobile, which provides Lifeline services in 19 states, of “systematic and egregious misconduct” and “widespread enrollment fraud.”

According to the commission, Total Call employees enrolled tens of thousands of duplicate Lifeline beneficiaries and pocketed the extra subsidies. The FCC caught onto the scheme when the company enrolled an undercover FCC investigator in the program without asking for any eligibility documentation.

“Since 2014, Total Call has requested and received an estimated $9.7 million dollars in improper payments from the Universal Service Fund for duplicate or ineligible consumers despite repeated and explicit warnings from its own employees, in some cases compliance specialists, that company sales agents were engaged in widespread enrollment fraud,” the FCC said in a news release.

A common means of fraudulent enrollment was the repeated use of a single SNAP identification card, according to the FCC. That drew the ire of Commissioner Michael O’Reilly, who said the use of SNAP cards as Lifeline verification mechanisms is woefully inadequate.

“I must once again lodge my extreme frustration that the Commission continues to rely on SNAP as an entry point in the Lifeline program, and has the gall to claim that it is a highly accountable program, when it is painfully obvious to anyone paying attention that SNAP is riddled with waste, fraud, and abuse,” he wrote in a partial dissent in the Total Call case.

Despite those ongoing concerns, the FCC recently voted to expand the Lifeline program to include subsidies for 3G wireless broadband service.

That vote followed a contentious debate over the scope of the expansion and its accompanying price tag. The commission approved the expansion by a narrow 3-2 vote on March 31, a day before the FCC announced its Total Call NAL.

The existence of a massive ongoing Lifeline fraud investigation might’ve affected public perception of that vote, if not the vote itself, leading Pai to call the muzzling of commissioners on the Total Call investigation “conveniently” timed.

Pai also objected to commission delays that he said prevented it from sanctioning Total Call for the full scale of its apparent misconduct.

“Even though [the FCC] identified 32,498 intra-company duplicates, we pursue only 2,587. Even though we have evidence that Total Call Mobile bypassed federal safeguards to enroll 99.8% of its subscribers, we hold the company liable for only 16%,” Pai wrote.

“Under these circumstances, our precedent suggests that a forfeiture of at least $84,295,910 would have been appropriate. Yet the Commission settles for something much less.”

Even as the FCC was investigating this pattern of alleged fraud, Total Call was pouring money into its new Washington lobbying operation. According to disclosure forms, it hired lobbyists with the firm ML Strategies in June of last year, a month after the FCC subpoenaed the company.

ML Strategies has reported collecting $120,000 in fees from Total Call to lobby Congress and the FCC on “general issues related to the Lifeline program.”

The FCC’s investigation is not Total Call’s first time running afoul of federal regulators: the commission issued a $12,000 NAL in 2010 accusing the company of failing to abide by regulations on hearing aid compatibility.

Its sister companies have faced far larger fines for more egregious offenses.

Total Call Mobile is wholly owned by prepaid phone card company Total Call International, which is wholly owned by Japanese telecommunications giant KDDI. KDDI is also the sole shareholder of Locus Telecommunications.

The FCC has targeted Locus in numerous enforcement actions over the past decade, and sought fines reaching into the eight figures.

The FCC levied a $5 million penalty against the company in October “for deceptively marketing its prepaid telephone calling cards.” Previous Notices of Apparently Liability sought fines from the company of $5 million, $330,000, $25,000, $23,000, and $12,000.

New Balance Sneakers vs. the Pentagon

Enter the early consequences of the Trans Pacific Partnership

New Balance accuses Pentagon of reneging on sneaker deal

BostonGlobe: New Balance is renewing its opposition to the far-reaching Pacific Rim trade deal, saying the Obama administration reneged on a promise to give the sneaker maker a fair shot at military business if it stopped bad-mouthing the agreement.

New Balance has several Northeast factories, including in Lawrence. John Tlumacki/Globe Staff/File

New Balance has several Northeast factories, including in Lawrence.

After several years of resistance to the Trans-Pacific Partnership, a pact aimed at making it easier to conduct trade among the United States and 11 other countries, the Boston company had gone quiet last year. New Balance officials say one big reason is that they were told the Department of Defense would give them serious consideration for a contract to outfit recruits with athletic shoes.

But no order has been placed, and New Balance officials say the Pentagon is intentionally delaying any purchase.

New Balance is reviving its fight against the trade deal, which would, in part, gradually phase out tariffs on shoes made in Vietnam. A loss of those tariffs, the company says, would make imports cheaper and jeopardize its factory jobs in New England.

The administration has made the pact a priority. It could be voted on by Congress later this year, though possibly not until after the November elections.

“We swallowed the poison pill that is TPP so we could have a chance to bid on these contracts,” said Matt LeBretton, New Balance’s vice president of public affairs. “We were assured this would be a top-down approach at the Department of Defense if we agreed to either support or remain neutral on TPP. [But] the chances of the Department of Defense buying shoes that are made in the USA are slim to none while Obama is president.”

The administration says the issues of foreign tariffs and of whether the Pentagon should be required to buy shoes made domestically are entirely separate.

New Balance disagrees. Though most of the company’s shoes are made overseas, domestic manufacturing is a big priority for owner Jim Davis, a longtime Republican donor.

Putin Building a Big Bridge, One Problem Though

Crimea lost forever to Putin, and Ukraine is not happy.

The bridge is supposed to have a rail system but the design of the bridge it appears does not support that. (includes video)

In this video, it is a beautiful propaganda bridge.

BBC: A Russian contract for building a bridge to Crimea has gone to a company majority-owned by a friend of Vladimir Putin who is under Western sanctions.

The $3bn (£2bn) contract was awarded to the SGM Group, owned by Arkady Rotenberg, a childhood friend and judo partner of the Russian president.

The bridge will join Russia directly to the peninsula it annexed from Ukraine in March after a disputed referendum.

It will be pipeline specialist SGM’s first bridge, Reuters news agency says.

It is still unclear where on the Kerch Strait the structure will be erected, meaning the span could be anything from 4km to 15km (2.5 to 9 miles).

Announcing the contract in a statement, Russia’s transport ministry said the bridge should be finished by the end of 2018.

Currently, Crimea is connected to Russia by sea and by air, while land routes through Ukraine have been affected by the conflict in its eastern provinces.

map

Rotenberg’s legacy?

The annexation of the peninsula sparked sanctions on Russia by the EU, US and their allies and Mr Rotenberg was one of the first Russian businessmen to be put under Western visa bans and asset freezes.

In an interview with Russian daily Kommersant, Arkady Rotenberg welcomed the contract but said it would probably be his last project.

“At 63 I think more about what should be left behind, what will be the results of life,” he said.

Arkady Rotenberg with Vladimir Putin practising judo
Image caption Arkady Rotenberg (left) with Vladimir Putin practising judo

“Moreover, I long planned to gradually stop running businesses… But the bridge project came along and I decided it was very important to carry it out. It is important for the country.”

According to the US Treasury, Arkady Rotenberg and his brother Boris provided “support to Putin’s pet projects” by receiving and executing approximately $7bn (£4.7bn) of contracts for the Sochi Olympic Games and state-controlled energy giant Gazprom, through which their personal wealth increased by $2.5bn (£1.6bn).

The brothers deny getting help from the Russian leader for their businesses.

 

 

Mossack Fonseca Offices Raided, and Spies too?

Panama raids offices of Mossack Fonseca law firm

Reuters:Panama’s attorney general late on Tuesday raided the offices of the Mossack Fonseca law firm to search for any evidence of illegal activities, authorities said in a statement.

The Panama-based law firm is at the center of the “Panama Papers” leaks scandal that has embarrassed several world leaders and shone a spotlight on the shadowy world of offshore companies.

The national police, in an earlier statement, said they were searching for documentation that “would establish the possible use of the firm for illicit activities.” The firm has been accused of tax evasion and fraud.

Police offers and patrol cars began gathering around the company’s building in the afternoon under the command of prosecutor Javier Caravallo, who specializes in organized crime and money laundering.

Mossack Fonseca, which specializes in setting up offshore companies, did not respond to requests for comment on Tuesday.

Earlier, founding partner Ramon Fonseca said the company had broken no laws, destroyed no documents, and all its operations were legal.

Governments across the world have begun investigating possible financial wrongdoing by the rich and powerful after the leak of more than 11.5 million documents, dubbed the Panama Papers, from the law firm that span four decades.

The papers have revealed financial arrangements of prominent figures, including friends of Russian President Vladimir Putin, relatives of the prime ministers of Britain and Pakistan and of China’s President Xi Jinping, and the president of Ukraine.

There are more details. From Joseph FITSANAKIS of IntelNews in part:

The Süddeutsche Zeitung said on Monday that senior intelligence officials from Rwanda and Colombia are listed as Mossack Fonseca customers, but did not report the names of the individuals. It did, however, single out the late Sheikh Kamal Adham, who was director of Saudi Arabia’s General Intelligence Directorate in the 1960s and 1970s. During his 14-year directorship of the GID, the agency became a leading intermediary between the CIA and Arab intelligence agencies, notably those of Egypt and Iraq. Sheikh Adham was also a personal friend of CIA Director George Bush, who was later elected US president.

According to the Süddeutsche Zeitung, Sheikh Adham is one of many individuals with close CIA links whose names appear in the Panama Papers. Another is Farhad Azima, an Iranian-born American businessman, who is rumored to have leased aircraft to the CIA in the 1980s. The American intelligence agency is said to have used the aircraft, which belonged to Azima’s Kansas City, Missouri-headquartered Global International Airways, to transport weapons to Iran. The secret transfers were part of what later became known as the Iran-Contra scandal, in which US officials secretly sold weapons to Iran in return for the release of American hostages held by Iran-linked groups in the Middle East. The funds acquired from these weapons sales were then secretly funneled to the Contras, a medley of anti-communist paramilitary groups fighting the Sandinista-led government of Nicaragua.

 

Dept of Energy Computers, ah Really Nuclear Management

We often wonder just what kind of work the Department of Justice is doing if so many of the cases and crimes in the news never seem to have real consequences for the criminal…ahem Holder and Hillary.

Anyway, we will never know the scope of crimes that really do occur across the country and for sure those against the homeland from a foreign power or rogue actors.

There was the recent posting on this site about the industrial espionage or rather agricultural espionage by China against our farmers. Then there is the matter of drug cartels and money laundering.  For sure you can think of other cases and your comments are welcome.

Rarely do we understand the matter of cyber intrusions or attacks. The case noted below is but one such case.

Justice News

Department of Justice
U.S. Attorney’s Office
District of Columbia

Former U.S. Nuclear Regulatory Commission Employee Sentenced To Prison for Attempted Spear-Phishing Cyber-Attack On Department of Energy Computers

            WASHINGTON – Charles Harvey Eccleston, 62, a former employee of the U.S. Department of Energy (DOE) and the U.S. Nuclear Regulatory Commission (NRC), was sentenced today to 18 months in prison on a federal charge stemming from an attempted e-mail “spear-phishing” attack in January 2015 that targeted dozens of DOE employee e-mail accounts.

The sentencing was announced by Assistant Attorney General for National Security John P. Carlin, U.S. Attorney Channing D. Phillips of the District of Columbia, and Assistant Director in Charge Paul M. Abbate of the FBI’s Washington Field Office.

Eccleston pleaded guilty on Feb. 2, 2016, in the U.S. District Court for the District of Columbia, to one count of attempted unauthorized access and intentional damage to a protected computer.  In his guilty plea, Eccleston admitted scheming to cause damage to the computer network of the DOE through e-mails that he believed would deliver a computer virus to particular employees.  An e-mail spear-phishing attack involves crafting a convincing e-mail for selected recipients that appears to be from a trusted source and that, when opened, infects the recipient’s computer with a virus.

In addition to the prison time, U.S. District Judge Randolph D. Moss ordered Eccleston to forfeit $9,000, an amount equal to the sum the FBI provided to Eccleston during the course of the undercover investigation. Following his prison term, Eccleston will be placed on three years of supervised release.

“Eccleston’s sentence holds him accountable for his attempt to compromise, exploit and damage U.S. government computer systems that contained sensitive nuclear weapon-related information with the intent of allowing foreign nations to gain access to that information or to damage essential systems,” said Assistant Attorney General Carlin.  “One of our highest priorities in the National Security Division remains protecting our national assets from cyber intrusions.  We must continue to evolve and remain vigilant in our efforts and capabilities to confront cyber-enabled threats and aggressively detect, disrupt and deter them.”

“Charles Harvey Eccleston is a scientist and former government employee who was willing to betray his country and his former employer out of spite,” said U.S. Attorney Phillips.  “His attempts to sell access to sensitive computer networks demonstrate why the government must be so vigilant to prevent cyber-attacks. Thanks to the FBI, this defendant was apprehended before he could do any damage. Together with our law enforcement partners, we will continue to make the detection and prevention of cyber-crimes a top priority.”

“Today’s sentencing sends a powerful message that no one will be allowed to sabotage the U.S. Government’s cyber infrastructure or threaten our national security through the illicit sale of information to a foreign intelligence service,” said Assistant Director in Charge Abbate.  “The FBI will continue to investigate and pursue those who attempt to disclose sensitive knowledge about our nation’s information systems and bring them to justice.”

Eccleston, a U.S. citizen who had been living in Davao City in the Philippines since 2011, was terminated from his employment at the NRC in 2010.  He was detained by Philippine authorities in Manila, Philippines, on March 27, 2015, and deported to the United States to face U.S. criminal charges.  He has been in custody ever since.

According to court documents, Eccleston initially came to the attention of the FBI in 2013 after he entered a foreign embassy in Manila and offered to sell a list of over 5,000 e-mail accounts of all officials, engineers and employees of a U.S. government energy agency.  He said that he was able to retrieve this information because he was an employee of a U.S. government agency, held a top secret security clearance and had access to the agency’s network.  He asked for $18,800 for the accounts, stating they were “top secret.”  When asked what he would do if that foreign country was not interested in obtaining the U.S. government information the defendant was offering, the defendant stated he would offer the information to China, Iran or Venezuela, as he believed these countries would be interested in the information.

Thereafter, Eccleston met and corresponded with FBI undercover employees who were posing as representatives of the foreign country.  During a meeting on Nov. 7, 2013, he showed one of the undercover employees a list of approximately 5,000 e-mail addresses that he said belonged to NRC employees.  He offered to sell the information for $23,000 and said it could be used to insert a virus onto NRC computers, which could allow the foreign country access to agency information or could be used to otherwise shut down the NRC’s servers.  The undercover employee agreed to purchase a thumb drive containing approximately 1,200 e-mail addresses of NRC employees; an analysis later determined that these e-mail addresses were publicly available.  The undercover employee provided Eccleston with $5,000 in exchange for the e-mail addresses and an additional $2,000 for travel expenses.

Over the next several months, Eccleston corresponded regularly by e-mail with the undercover employees.  A follow-up meeting with a second undercover employee took place on June 24, 2014, in which Eccleston was paid $2,000 to cover travel-related expenses.  During this meeting, Eccleston discussed having a list of 30,000 e-mail accounts of DOE employees.  He offered to design and send spear-phishing e-mails that could be used in a cyber-attack to damage the computer systems used by his former employer.

Over the next several months, the defendant identified specific conferences related to nuclear energy to use as a lure for the cyber-attack, then drafted emails advertising the conference.  The emails were designed to induce the recipients to click on a link which the defendant believed contained a computer virus that would allow the foreign government to infiltrate or damage the computers of the recipients.  The defendant identified several dozen DOE employees whom he claimed had access to information related to nuclear weapons or nuclear materials as targets for the attack.

On Jan. 15, 2015, Eccleston sent the e-mails he drafted to the targets he had identified.  The e-mail contained the link supplied by the FBI undercover employee which Eccleston believed contained a computer virus, but was, in fact, inert.  Altogether, the defendant sent the e-mail he believed to be infected to approximately 80 DOE employees located at various facilities throughout the country, including laboratories associated with nuclear materials.

Eccleston was detained after a meeting with the FBI undercover employee, during which Eccleston believed he would be paid approximately $80,000 for sending the e-mails.

The investigation was conducted by the FBI’s Washington Field Office with assistance from the NRC and DOE.  The case is being prosecuted by Assistant U.S. Attorney Thomas A. Gillice of the District of Columbia and Trial Attorney Julie A. Edelstein of the National Security Division’s Counterintelligence and Export Control Section.  Trial Attorney Scott Ferber of the National Security Division’s Counterintelligence and Export Control Section assisted in the investigation of this matter.  The Department of Justice’s Office of International Affairs and the government of the Philippines also provided significant assistance.