The American Criminal Justice System: “This ain’t Law & Order”
Some years back, a police officer in Hawthorne, N.J. arrested me for DWI about two blocks from my home without ever administering a single field test. I had been to LT’s Sports Bar in East Rutherford -on my way from work- had one Gin & Tonic, talked with LT’s wife who happened to be a friend for about an hour and left. The next day I went to work told my boss and my boss hired the company attorney to represent me. Long story short, about six months passed before I went to court. The police officer who stopped me as it turned out was corrupt and enjoyed a reputation for harassing blacks. The prosecutor decided that instead of humiliating the officer in court the state would drop the charge against me. I went in front of the judge who gave this big speech about speedy trial violation. Standing there, only one thing crossed my mind, “These people have too much power.”
I said all of that to make a point. As my attorney said referring to the TV series, “This ain’t Law & Order.” In other words, these people can do whatever they choose to do and there is very little you, I, or, anyone can do about it. The system covers up the rotten behavior of police, brings and drops charges as it sees fit, condones prosecutorial misconduct, and rubber stamps this behavior with the slamming of the gavel. We see more corroborating evidence of this with the unfolding saga involving Gov. Chris Christie in New Jersey. Worse and even more troubling is the case involving IRP Solutions and its six executives known as the IRP6 that I have written about over the last six-eight months.
If you have been following the story of the IRP 6, you know the federal government trumped up charges against Kendrick Barnes, David Zirpolo, Demetrius Harper, Clinton Stewart, David Banks and Gary Walker accusing them of mail and wire fraud. The case rested on the premise the six men made fraudulent claims of having created software, “Creative Investigative Life Cycle” aka “CILC” designed to enable local, state and federal law enforcement agencies to share information across a range of formats regardless of location, e.g. field, or office. The government argued that IRP Solutions fraudulently obtained labor assistance from staffing companies by claiming the software would land the company multi-million contracts with the government. The government alleged that because the software did not exist and the company used email, phones and snail mail as means of communication that constituted mail and wire fraud.
Enter Donald E. Vilfer, President of Califorensics, whose firm the prosecution hired in the case against the IRP 6. Califorensics is a firm that emphasizes fact-finding and computer forensics in support of complex litigation or referral for prosecution. In other words, Mr. Vilfer is the person prosecutors rely on to make their case against people attempting to sell faulty or non-existent software. Mr. Vilfer from 1996-2001, was FBI Supervisory Special Agent for the White Collar Crime and Computer Crimes Squad and oversaw the investigation of White Collar crimes and computer crimes. While with the FBI, Mr. Vilfer supervised the largest intellectual property rights case in the FBI and oversaw a successful international investigation of a series of computer intrusions into financial institutions resulting in the arrest and conviction of those involved.
Yes, Mr. Vilfer would have made a very credible witness for the prosecution. Only, the prosecution never called Mr. Vilfer. The prosecution never called Mr. Vilfer because his testimony would have ruined their case against the IRP6. Below are the findings of Califorensics regarding the software prosecutors alleged did not exist:
The CILC software did not appear to be “vaporware” but included a large amount of complex coding that would have required significant development. In other words, it was not fake software
The CILC software was functional at the time of the search warrant. In other words, it worked
The software contained many notable features, making it a functional product for the intended consumer. In other words, it would work as claimed for the intended client, Law Enforcement
A market for the software that has the functionality of CILC exists. In other words, it would meet the challenges to Law Enforcement to effectively manage data related to investigations
Had the jury heard this testimony they never would have convicted the IRP6 since the government’s case rested mainly on the premise that the software never existed. This clearly proves them (government) liars and guilty of prosecutorial misconduct.
As my attorney said, “This ain’t Law & Order” and as I said, “These people have too much power.”
Call Attorney General Holder @ 202-514-2003/2005 and ask him to review Mr. Vilfer’s affidavit and ask him to investigate the missing 200 pages of transcript being denied the IRP6 for purposes of appeal.
“Do not wait unit you are a prisoner to cry freedom.”
Written by Jay Arrington
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