The 2nd Greatest Con Man in America

Neither Democrat nor Republican, I’m an independent. I’m not happy if I can’t equal-opportunity offend all parties. But damn, these days some of the high-profile players egregiously push their way to the front of the ignoble queue. That old saw “Where there’ smoke…” invariably ends with, “…someone’s fanning flames.”

But I’m not here to talk about partisanship, but to address two major theories enjoying unwarranted attention. They gain traction because rumour mongers depend upon an absence of science and technical knowledge. (For the litigious sort, kindly note this is an opinion piece.)

For example, my friend Sharon forwarded an email acclaiming Chinese-designed dancing robots in Shanghai Disneyland. Although these were clearly not automatons, many, many people willingly suspended disbelief.^[1]

Blowing Smoke

Same with politics. As Alice’s Red Queen might say, we’re asked to believe six impossible things before breakfast. Psychologists have noted the biggest lies can be the easiest to accept.

As the above-mentioned smoke about massive voter fraud begins to clear (with a portion of the credit going to the incumbent’s attorneys), conspiracy oriented talk hosts have turned their attention to data manipulation. The first brings to life two decades of concerns about voting machines. The other centers around government computers reassigning millions of votes.

Hypothesis 1, Voting Machines

Grab a coffee. I can’t believe I’m defending Dominion, née Diebold, aka another half dozen company names. I’ve been highly critical of their technology and its lack of transparency. I’ve also proposed a solution, open-source code. That way anyone can peek at its internals searching for flaws.

Twelve to twenty years ago, Democrats worried problematic voting machines at best lost votes and at worst, threw elections. Part of their concern was the company’s Republican CEO, a good friend of George W Bush. According to sources, the CEO ill-advisedly told Bush he’d help win his election. Some stretched that to mean he might use his product, voting machines, to disfavor Democrats.

When Florida’s Secretary of State Glenda Hood ordered error-prone Diebold machines, Senator Bill Nelson questioned the wisdom. She told him to mind his own business… which of course he was. If memory serves, Sarasota County that year lost 20,000 votes. The county’s seemingly baffled Supervisor of Elections said 20,000 people had obviously shown up and chosen not to vote.

Diebold’s reputation was so checkered, they underwent a series of name changes: Diebold ➡︎ Premier Election Solutions ➡︎ Election Systems Services ➡︎ Sequoia Voting Services ➡︎ Dominion Voting Systems.

Over time, they have improved, but one thing is clear. Neither individual machines or networked clusters are capable of diverting anywhere in the range of numbers hinted at: a half million to a suggested two-point-seven million or even seven million votes. Some accusers hinted at machine glitches in Michigan and Georgia, while Q-Anon outright claimed hundreds of thousands of votes were deliberately deleted. Apparently audit trails aren’t widely studied on 4-Chan.

One might wonder the motive of a company board to lose this election, a corporation considered reliably Republican, historically regarded with caution and even suspicion by Democrats. Hey, don’t ask me… I raise the question, but I don’t know. (See? I told you I’d offend both sides.)

Hypothesis 2, The Giant CIA Supercomputer Conspiracy

This is a two-coffee problem, so pour another cup as you’re asked to take an ever bigger leap from the improbable to the nearly impossible.

The short version claims that the CIA (and possibly CISA) deployed a Bush era supercomputer originally used by the despot Obama to surveil and enslave Americans. Called HAMR,^[2] affectionately nicknamed The Hammer by techno-savvy, Marvel-reading politicos, it was seized by Biden’s nefarious agents to subvert the election by diverting Trump votes to Biden. A Bannon-Breitbart correctional recount proved Mr Trump won 98% of the popular vote, nearly 140-million total, the largest in history.

(How Mr Trump wrested this antique computer from Hillary’s election hands in 2016 isn’t clear.)

This vote-rigging supercomputer was engineered by a genius superprogrammer, Dennis Montgomery– both this amazing computer and the accompanying conspiracy theory. Already, I see you have questions.

I left my own amazing computer career a few years ago and haven’t consulted for the DoD even longer, but that name, Dennis Montgomery, rings no bell. I checked with colleagues, all with the same answer: Who? Actually that’s a question.

LinkedIn lists a Montgomery Dennis, which may or may not be a hit, but I suspect it is. This entry describes a guy with amazing computer, management, and top secret intelligence skills, who has the Director of the CIA, Secretary of the Air Force, and the US President on speed dial. He claims to have given intelligence briefings to the white house… yup, lower case. We shouldn’t judge him. Maybe he meant something like a white clapboard house in Terre Haute.

If that is his résumé, he’s awfully modest. Certainly he’s much better known in scam and conspiracy theory circles. Since his curriculum vitae is weak and poorly worded, I whipped up a supplement for him. Mr Montgomery may pick and choose as needed, no charge.

Dennis Montgomery (aka Montgomery Dennis?)

Superduper all around computer expert and geopolitical action figure.
($29.95 on AliExpress) Pinocchio nose sold separately.

Education

• Studied under Michael Milken at Drexel Burnham Lambert.

Career

• Operated American Report web site specializing in conspiracies of the day.™
• Investigated tunnels under a Washington daycare pizzeria. Conclusively proved pepperoni contained meat byproducts.
• Demonstrated, using advanced computer analysis of birther certificate, Ted Cruz not born in USA.
• Invented catchy names like Scorecard and The Hammer for programs that, uh, don’t actually exist.
• Scammed Bush administration into paying several million dollars for pretend programs to decode secret al-Qaeda radio messages that, uh, didn’t really exist.
• Conducted anti-terrorist scam. Fake security alerts caused the US to ground some flights and reportedly caused the Bush administration to nearly shoot down airliners. That was a rush.
• Falsified emails to implicate gubernatorial candidate and Congressman Jim Gibbons in bribery scandal that, uh, didn’t exist.
• Conned Maricopa County Sheriff Joe Arpaio into forking over more than $100,000 of taxpayer money so he could reveal a conspiracy plot against Sheriff Joe… which, uh, didn’t actually exist.
• Faked federal wiretapping evidence that, um, didn’t exist.

Hobbies

• Dabbles in presidential elections for fun and profit. Like the emperor’s clothes, evidence doesn’t exist.

In my personal opinion, I believe Mr Dennis Montgomery enjoys conning important people and, with the 2020 election, he’s hit the jackpot with the coteries of the candidates, and the attention of the two most powerful men in America.

Footnotes

1. The claim is that the performers are Chinese designed robots, a leap ahead of US, European, and Japanese robotics. As it turns out, Snopes has done the leg work, determining it’s a clip from the British television show “Strictly Come Dancing” that aired on BBC One in 2013
2. Seagate, the hard drive manufacturer, has coined the acronym HAMR, meaning heat-assisted magnetic recording.

The Digital Detective: Pay Your Debtors

This continues a series of earlier articles about computer fraud.^† Originally I practiced a career of systems software design and computer consulting, but I sometimes came upon a more shadowy world, that of computer crime. I seldom sought out fraud but I sometimes stumbled upon it, picking up undetected clues others missed.

This episode doesn’t deal with crime, per se, but it includes a banking con, minor as it is. The scheme required a little ‘social engineering’ and, though the word might be Yiddish, no one can schmooze like Southerners.

The story came to my attention while consulting for banks, this one deep in Virginia’s Shenandoah Valley. My landlord for part of the stay was an eccentric but colorful codger. He talked about a neighbor who leased farm land from him but failed to pay his rent. Outsiders might expect he pulled on a jug of rye whiskey as he talked, but all he did was lean back in his recliner, sip beer, and twirl a never-lit cigarette while a cheerful woman less than half his age clattered in the kitchen. I jotted down his story long before I became a writer, so kindly forgive error and stylistic issues as I strove to capture his dialogue.

Corn picker © John Deere

Damn Ernie. I hounded that man all summer long for the rent. Finally last fall, I hooked up my corn picker and started up the corn rows. Now a corn picker ain’t a quiet machine, and lo and behold, neighbor Ernie come dashin’ out of his farmhouse yellin’ and cursin’ that I’m stealing his corn.

I said to him I couldn’t possibly be stealing corn off my own land, unrented land at that. He steamed and stormed and said the seed and planting labor had been his, and anyway he was just a little late with the rent, three or four months, maybe four or five, weren’t nuthin.

I told him that I was just going to keep picking corn for myself until someone showed up with rent money. He dashed off like banshees themselves chased him. Pretty soon he comes back waving his checkbook.

I said, “Ernie, are you sure there’s money in that account?” Oh yes. He told me twice there was, so I said there’d better be, and he said he wanted the corn I’d picked. I told him to consider the already picked corn interest and collection fees. Fact is, I finished the rest of that row, which he just hated.

So the skinflint S.O.B. hustled off to hitch up his combine and wagon, and I find myself a few bushels better off than I was before. I cleaned up and headed in town to the bank, right past Ernie who’s racing his machinery through the fields.

At the bank, I always get in Molly’s line. She’s a sweet, buxom lass, and I’d been thinking about asking her out.^‡

Anyway, I get up to her teller window and she said the account’s a bit short to cover the check. I asked her exactly how short, and she said she wasn’t allowed to tell me that.

So darlin’, I cajoled, is this check completely worthless, or did Ernie at least come close? Looking at her computer, she said he was purty close.

Well, I says to her kind of reflectively, I want to tell my neighbor Ernie how much he needs to cover my check. Like would he have to deposit only $10? No, she said, ten dollars wouldn’t cover it.

Well, says I, would $20 or $30 do? No, she smiled at me, it’s not quite enough.

Hmm, says I, I wonder if $40 or $50 would suffice? Um, she said to me, that first amount ought to cover it.

Thank you, I says, I’ll tell that rascal he needs to put $40 in the bank. By the way, sweet thing, can I have a deposit slip? And you think maybe I can call you up? For, uh, you know, maybe dinner Saturday?

So I walked out of there with a bounce in my step, a deposit slip and her phone number. I was feelin’ purty good. What I did was get in my car and circle around through the bank’s drive-thru. I already had Ernie’s account number on the check, so I just filled out the slip and shot it through the air tube with two $20 bills. Sure enough, the receipt came back showing $1002.39. Good on Molly.

But wait, I say, I almost forgot to cash a check. This time I send over Ernie’s $1000 check and this time I get back a thousand dollars.

Fair enough. I probably had $40 in shelled corn and a lesson I ain’t gonna rent to Ernie no more.

Ernie got stupid, though, and instead of being grateful I didn’t bounce his worthless ass along with his worthless check and turn both over to the sheriff for collection, he raised holy hell at the bank yelling someone manipulated his account.

I took Molly to the horse show that Saturday. Now I tell you personal like, you want to get a lady in a receptive mood, bein’ around horses will do it. Something about women and horseflesh– can’t explain it– just a word to the wise.

Anyway, Molly, she confided the bank said it was apparent someone had taken liberties, but they couldn’t blame the teller who took the deposit and they couldn’t blame the girl that cashed the check. They just gave everybody a stern reminder warning.

Molly said Ernie wanted to call the authorities, but the branch manager told Ernie he’d be the one in trouble for writing bad checks. He didn’t mention Molly could have fallen in the soup too if they’d figured out her role.

Molly said she knew I’d manipulated her and wanted to know if I’d asked her out from obligation or guilt. I said I didn’t want to sully a relationship thinking I used her. She needed a lot of reassurance about that, and so Friday nights and Saturday nights we just get romantic and I give her plenty of reassuring. Been about a year now. Figure we can go on with this for a long, long time.

And he winked at the cheerful lass in the kitchen doorway.

Cornbine © John Deere & Farming Sim Mods

† This essay had originally appeared 19 May 2013 on SleuthSayers for a matter of hours, when a magazine editor asked me to unpost it with an eye toward publishing. A check never arrived, so I now return the article for your enjoyment.
‡ Commonly in Virginia’s Shenandoah Valley, ‘out’ sounds are pronounced like a Scottish ‘oot’. Thus he really said, “I’d been thinking aboot asking her oot.”

Chasing Pennies

I've written about exploits in banking and brokerage fraud with further articles to follow. Bad banking practices don’t feature well in my write-ups. Institutions change only when they’re forced to.

Recently my fraud expertise touched upon the personal. A good friend fell victim to gaping holes in one of New York’s largest financial institutions, J.P. Morgan Chase & Co.

Lily is smart, pretty, and unattached. Two out of three is pretty good, but she means to win the trifecta. She doesn’t advertise, but merely hopes to attract the right kind of guy. She appears on social media: Facebook, Pinterist, and a singles’ site that’s been around some thirteen years, MeetMe.com, where she met an interesting fellow.

Telling the good from the bad isn’t always easy. By the time our malefactor (male factor or dirtbag are also suitable) stepped into the light, he already knew critical pieces of information about Lily: her real name (thanks to odious Facebook requirements), where she’s lived, family relationships, and importantly– her birthday.

For a few weeks, ‘Antonio Sanchez’ from ‘New Jersey’ wooed our lass on MeetMe. He didn’t do anything crass like ask her bank account number or credit card information; thanks to Chase’s security ‘features’, he didn’t need to.

As Thanksgiving approached, Lily traveled across the country, stopping to visit relatives in Greenfield, Indiana, home of another Lilly, the famed pharmaceuticals company. Our heroine happened to check her bank account and found it unexpectedly fourteen hundred fifty dollars richer.

Lily, not only smart but honest, sought clarification at the Greenfield branch of Chase. Greenfield couldn’t fathom the problem.

check 1 of 6 #808869

“You put money into your account in the early hours of the morning. Looks like you needed it. What’s the problem?”

“I didn’t deposit anything.”

“But you did.” Greenfield regarded her suspiciously. “You’re saying you didn’t?”

“Exactly. I didn’t do any such thing.”

“Well, lucky you. Someone likes you well enough to put coins in your account.”

*click* Instantly Lily knew who’d made the deposit.

A couple of hours later, the situation reached me. By then, other deposits had appeared. Curiously, monies were rapidly shifting among Lily’s three accounts. My fraud alert alarms clanged.

“If you make a withdrawal,” I advised, “calculate only what you own to the penny and not a cent more.”

“What’s the problem?” friends asked. “A handsome guy sending Lily money? Does he have any brothers?”

I spoke adamantly. “There is no money, no boyfriend in New Jersey, no gold at the end of the rainbow.” When I explained the con, Lily agreed to join me for a visit to the Indiana State Police.

The man manning the reception desk told us all detectives were out of the office and wouldn’t return until the next day. Lily asked if she could file a report.

The grizzled trooper brought forms out to us in the lobby. He stood by as Lily tried to explain the situation.

He interrupted her. “A guy giving you money is no crime. No crime, you can’t file a report.”

I said, “There is no money. It’s a con…”

The trooper threw up his palm in a ‘Talk to the hand’ gesture. Cops are trained to seize and maintain control, even when counterproductive. He went on to lecture Lily, not so much accusing her of wasting police time, but of being silly.

“May I explain?” I said as levelly as I could. “There is no money, only fake deposits. He will use that false balance to pay himself.”

The cop paused, considering. “Wouldn’t work,” he said. “If I deposit a check, I have to wait a few days to withdraw funds.”

“That’s why he’s moving money around her accounts. Some banks, perhaps including Chase, lose track of new deposits as they’re moved around. The technique is called seasoning, losing the new deposit tag and making the money look like it’s aged on account.”

“I’m a road warrior,” said the trooper. “I’m not up on these things. Yeah, I’ll have a detective phone you.”

Virtually next door to State Police Headquarters, we’d noticed a Chase branch. Lily made the wisest decision of the day, visiting the bank for an update.

The young woman listened attentively. She quickly grasped the situation. “Oh my God,” she said. “I received a notice exactly like yours of a deposit early in the morning. I need to check my own account before I go home today.”

Together, the three of us discovered additional deposits and further shifting around of money. By then, funds had been used to buy the first Western Union money order made out to an unknown and very foreign name.

“Let me guess,” I said. “The money’s sent to Nigeria?”

“If Lily didn’t give this jerk her personal information,” the young lady said, “how did he get into her account?”

I explained one hypothesis. I’m a vocal critic of the so-called security questions routinely forced upon on-line customers. “What city were you born in?” “What was the name of your first pet?” “What’s your favorite team?” “What’s your favorite color?”

With the slightest information, bad guys find it ludicrously easy to guess the answers. The favorite color question often includes a helpful drop-down menu of eight colors. No one chooses black or white, so a malefactor can guess the answer in six tries or less.

The young branch manager rang the fraud department. She posed the same question to them, who replied “There are so many ways to breach an account…”

check 2 of 6 #808870

The bank gave us copies of the checks. One peculiarity came to light. Chase said it appeared the Nigerian repeatedly deposited the same two checks over and over, fooling Chase and highlighting another flaw in their security, a defective filter for detecting duplicate deposits.

Chase froze Lily’s accounts, leaving her stranded without travel money in the midst of a cross-country trip. But wait, we’re not done.

Lily awoke the next morning, finding her accounts unlocked and a half dozen or so deposits burgeoning her balances.

Lily phoned Chase to let them know further monkey business was afoot in her reactivated accounts. They quickly closed the window and her accounts, again cutting off her funds.

---

Big banks and little people, comes now the pathetic part. Instead of expressing gratitude for Lily’s quick action of notifying them of fraud, Chase blames Lily for the leaking of money from the bank. Their stance is that Lily either worked with the malfeasant Nigerian to defraud Chase, or at the very least handed over her account information to the bad guy. As you now know, that doesn’t have to happen. All it takes is sloppy banking.

Besides seizing Lily’s bank balance, Chase now demands another $600 in compensation for their losses. Good move, Chase: encourage honest citizens to rush in to report fraud made possible by your own shortcomings.

It’s a great day for banking. Have you had similar experiences?

You, Identity Theft Victim

Today’s article outlines the massive Equifax identity theft that’s still surfacing today. For the first steps in protecting yourself, you can jump to the distant section on discovering whether you have been targeted and obtaining security features that have been made free for you.

Monetizing Your Body

Commercial law can be a peculiar thing, who owns what and why companies have certain rights you don’t. For example, you enter a hospital for surgery. Doctors snip out some piece of you. Likely, you never question who owns that removed bit of flesh or bone and you’re happy just to get rid of it.

Suppose doctors discover something unique and potentially highly profitable in that tonsil or toenail, your appendix or gall bladder. Your DNA might save millions of lives around the planet and earn billions of dollars… none of which you’re entitled to. Unless you signed an agreement otherwise, the physician or hospital owns that biological bit of you including the rights to exploit it. One woman actually applied for a patent on her own body for such a circumstance.

Monetizing Your Life

Financially successful corporations make tidy profits collecting information about you, not merely your earning and spending habits, but where you live, work, school, shop (or shoplift), if you’ve been to court and why. The peculiarity is you don’t own that data. Huge companies do and often their information is wrong and sometimes misused.

A few years ago, credit bureaus were finally forced to hand out credit reports to those who demanded them (a) no more than once a year or (b) if you were turned down for credit. But… odds are high you’ve never seen your full report, because it can contain information the bureaus don’t want you to know. When a mortgagee or a banker or employer receives your credit report, a line at the top might instruct them not to show the report to the subject (you or me), followed by information or opinions they don’t want shared with the… well, victim.

For example, the redacted secret part on my own credit report read “suspected of using false address.” This came about in two ways. First, I had been buying property, a dozen addresses were associated with my name, so I relied on a post office box, much as my grandmother had done. Second, the US Postal Service allows post box renters to use the post office’s physical address, quite handy for imprinting on checks. Such an address looks like:

Chandler Hammett
1201 Post Industrial Drive #107707
Los Angeles, Ca 90210-7707

In my case, the comment didn’t particularly affect me, but imagine someone applying for a sensitive job. The HR department reads the line “suspected of using false address,” and suddenly the potential employee is rejected with no reason given. The applicant should have a right to know about that careless assessment, but has no way of learning of or correcting the report. Why? The bureaus own the reports, you and I don’t.

Monetizing Miscreants

In a past article, I pointed out that curious hackers– the benign exploring kind– can receive severe prison sentences for merely poking around in data warehouses and behind the scenes in web databases. I argued that bankers and merchants who fail to secure vaults, leave doors unlocked, and don’t hire a watchman should be punished as well. If any major office didn’t lock its doors, could you blame kids for wandering in and looking around?

Let’s discuss Equifax, which has suffered an extraordinary data loss to a ‘state actor’… presumably China, North Korea, or Russia. Stolen is your name, social security number, credit card numbers, drivers licence, address, and all the minutia that makes you you. With this kind of data, thieves can lie low for years before springing into action.

I say that as fact, because thieves (state actors) stole the records of the vast majority of working and retired citizens in two separate breaches. The second theft (the first was acknowledged only after the second came to light) affects between ¾ and ⅞ of American adults. Equifax admissions have edged upwards from 153-million stolen files to 182-million; outside assessments estimate as high as 200-million or more.

Note: Canadian and British records have been stolen in the same breach. Equifax says they’re “working with UK regulators,” whatever that means.

Monetizing Misfortune

Equifax executives cashed in stock before the breach became public, attempting to option their knowledge for their personal profit. Then after the big reveal, the company offered to help protect user accounts through a subsidiary— for a fee. Equifax and their security pet since had their arms twisted into providing the services free.

Political response has been as antithetical as you might expect. Congressional members of one political party sent a demand letter to Equifax with a deadline for explaining details and corrective actions. Contrarily, in defense of Equifax and in fear of impacting deregulation, the other major party is working a bill through Congress to limit the liability of credit bureaus and other companies.

Have You Been Hit?   866-447-7559

Here Equifax estimates whether or not your data has been sucked overseas. Be cautious of similar links, because identity thieves are working those, trying to snatch whatever data they can. Use this link:

☞  Has my data been stolen?

Note that updates may still be made, so it’s possible an all-clear this week might turn into a false negative next week. Tap that link to see if you’ve become a victim:

Once you receive an indication, you can decide what to do next. Equifax can take several days to email you about options (now free) that they provide. The FTC offers suggestions and guidelines.

Equifax will provide ninety days of ‘fraud alert’ (notification of identity theft) and a year of monitoring, which can be renewed indefinitely. You may also choose to lock or freeze your account and ‘thaw’ it only when you apply for a loan or other use.

Use the phone number (866-447-7559) above if you have questions or need help you can’t find elsewhere. Contact the other credit bureaus to notify them your identity and data has been compromised.

Equifax Inc. P. O. Box 740241 Atlanta, GA 30374-0241 800-685-1111 800-525-6285 1150 Lake Hearn Drive Atlanta, GA 30342 fraud: 800-525-6285 web site

Experian P. O. Box 2002 Allen, TX 75013-2002 888-397-3742 888-243-6951 701 Experian Parkway Allen, TX 75013 fraud: 800-397-3742 web site

Trans Union Corp. P. O. Box 1000 Chester, PA 19022-1000 800-916-8800 800-888-4213 2 Baldwin Place Chester, PA 19022 fraud: 800-680-7289 web site

Let us know if you’ve been hit. In the meantime, be safe out there– state actors abound!

Yet Another Computer Scam

 WARNING A scam involving Google and clever programming sleight-of-hand has hit the scene. It’s not entirely new– a prototype showed up in 2014– but it fools many professionals. Apologies in advance for the technical parts below.

A new month, a new scam, this one brought to our attention by a reader. Although widely reported, this scam hasn’t shown up in the ACM Risks Digest yet. Surprise– the scheme starts with your GMail where a note from a friend or colleague contains a link to another page or document. You click and receive a message you must log in again. Happens every so often, annoying but sign in again for security.

A Google log-in page shows up– the URL field (web page address) contains google.com. Enter your name, enter your password. Click. The document your compatriot sent now appears.

You may not know it, but you just lost exclusive control of your Google account. Your pal didn’t send that email and the link was plucked out of your emails.

Let’s look at the sign-on dialogue boxes again. Which one is counterfeit? Hover your mouse over them for the answer, but the fact is, they’re indistinguishable.


The insidious part is that email web sites– Yahoo and AOL included– train us by periodically forcing us to relog in. Hold on… didn’t the URL box contain google.com?

Yes. Over the years we’ve seen clever fraudsters incorporate target domain names similar to this:

http://w5.to/google.com

The trick here is that the real domain, web address of the bad guys, is w5.to. The google.com is only a web page set up to fool you. Other examples might look like the following:

http://citibank.net.w5.to/index.html

This is a variation of the bad guy’s domain, w5.to, above.

http://citybank.net

Here the bad guys registered a variation of the real name made a little easier by CitiBank using a non-standard spelling. These three examples are reasonably clever and some scammers don’t take that much trouble. However, this new one can catch even professionals by surprise:

data:text/html,https://accounts.google.com/ServiceLogin

The clue something is very wrong lies in the first three words, data:text/html – you shouldn't see that at all. The opening letters of an URL don’t have to be http – they can be file, data, help, about, chrome, gopher or possibly another protocol, but ‘data’ is the only hint the page is abnormal.

Browsers have become more sophisticated over the years, so web pages might include additional capabilities such as setting preferences. The ‘data’ keyword allows HTML to be embedded in the URL field, but more insidiously, it allows JavaScript, and that’s how this particular exploit fools us. Following the ServiceLogin part of the URL are dozens upon dozens of spaces so you can’t see what comes next. Far beyond the right side of that URL field is where the real sorcery begins with <script…>. This malware program throws up a fake Google sign-in page to capture your ID and password.

Expect Google to quickly mount an update, but beware, look ever more critically at URLs when you’re asked to type in your credentials. It might save your on-line life.

If Only We Had LAWS Against This Stuff...

"If only we had LAWS against this stuff..." and other crazy statements:
Okay, a few reminders just to catch everyone up.

Joop Bollen and then-Governor,
current SD Senator, Mike Rounds,
in happier days

• Back in 2009, Joop Bollen was appointed to run EB-5 – which was a federal program designed to trade green cards to foreign investors for $500,000 a whack - by our former governor, current Senator Mike Rounds, who, when questioned recently about all of this, said, "The state of South Dakota would use different federal programs on a regular basis and you always assume that if the federal program is in place that they have a control process in place. We’re finding in some cases that that is not the case " (Mike Rounds interview).  Like when you put Joop Bollen in charge of that federal program, allowed him to privatize it in SDRC Inc., and told everyone what a great job he was doing?  (I swear to God, you can't make this stuff up... Sadly...)  

• There's still as much as $120 million missing from the EB-5 program. 

• For two years, the only person held responsible for any missing funds was Richard Benda, who according to our fearless AG shot himself in the stomach with a shotgun in a field because he'd embezzled $500,000.  

AND NOW FOR THE LATEST !!!  HEADLINE NEWS !!!

First of all, our own Attorney General, Marty ("I'm going to be running for governor in 2018, so I need to get something on paper") Jackley has FINALLY indicted Joop Bollen on five felony counts of violating SDCL 44-1-2, “unauthorized disposal of personal property subject to security interest.” In other words, Bollen used EB-5 money, transferred to his own private corporation, SDRC Inc., for his own personal purchases.   $300,000 here, $96,000 there, to a total of about $1.2 million. He sent some to Pyush Patel of Griffin, Georgia (who owns gas stations and has been participating in Bollen's corporation creationism since 2005), some Bollen just pocketed, and some (and this is my favorite part) Bollen spent on Egyptian artifacts from Christie's and the Harer Family Trust.

NOTE: Bollen, through his lawyers, claims he's being scapegoated.  Mr. Bollen is also free on an unsecured $2,500 bond. (That should make you spit your coffee out in shock:  let's face facts, you'd have to post a lot more money than that if you'd just robbed a casino and gotten only $200 bucks.)

NOTE WITH FACEPALM:  Nor has the Dutch born and raised Bollen been asked to surrender his passport.  Jackley said that “at this point” he “did not have concern” about the passport, “as long as we’re made aware of certain travel,” since Bollen has “significant ties financially to this community.” (Bollen Initial Appearance - dakotafreepress.com - once again, thanks Cory Heidelberger for GREAT coverage!)  Again, you'd have a rougher time of it if you'd robbed a casino and gotten only $200 bucks...

And here's the best part: Right now our fearless AG Jackley - who, as I said, for 2 years has blamed Richard Benda for any and all EB-5 problems - is now blaming the whole mess on (drum roll, please!) a lack of tough laws making conflict of interest a felony! Personally, I would have thought that our laws making embezzlement, fraud, etc., felonies would have been enough, but apparently not.  We need more.  So it's really all the South Dakota legislature's fault...

Oh, and one quick note about the Gear Up! scandal (6 people dead and counting) and the missing Westerhuis safe (The Chinese Are Coming). “I don’t know where that safe is at,” Jackley said. “I don’t know if it burned in the fire or if Scott Westerhuis took it out and threw it in the Missouri River.” (Jackley Conspiracy Theories, Argus Leader)  Feel free to insert obvious questions here:

 __________________________________________________________________________

Marty Jackley

Meanwhile, Mr. Jackley, having apparently solved everything about EB-5 and Gear Up! (except that pesky $118.5 million in EB-5 money, the pesky $4 million in Gear Up! money, and the pesky missing Westerhuis safe), is far more interested in investigating the destruction of the Flandreau Santee Sioux Tribe's marijuana crop in November (some of the burning was shown on television) after the tribe suspended plans to legalize marijuana on its reservation.

"I don’t think for a minute that they destroyed $1 million worth of marijuana. I don’t know where that went and it’s an open case. We never shut that case," Jackley said in an interview with Argus Leader Media. “We never got an opportunity to check what was destroyed." (Up in Smoke?)  

Priorities, priorities...

And now, repeat after me: "Life is always going to be stranger than fiction, because fiction has to be convincing, and life doesn't." Author Neil Gaiman.

Will keep you posted, from South Dakota, where we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.

 

Barney Got a Gun

by Eve Fisher

I hope everyone had a Happy Easter, Good Passover, and other appropriate holiday.  Up here, one of our Easter Eggs held indictments - at last - for three in one of our South Dakota scandals - Gear Up!

(Wouldn't you know it, the cheap one, only a few million missing, whereas EB-5, with $120 million missing taxpayer dollars, is still blamed on the guy who supposedly shot himself in the stomach in a field while hunting...)  

But let us rejoice in small favors.  What happened was that our own Attorney General, Marty ("I'm going to be running for governor in 2018, so I need to get something on paper") Jackley held a press conference and announced that three, count 'em THREE people were responsible for aiding and abetting Scott and Nicole Westerhuis in their embezzlement and fraud.

Quick reprise:  Early in the morning of September 17, 2015, a fire destroyed the home of Scott and Nicole Westerhuis and their four children in Platte, South Dakota.  It was later declared ed by AG Marty Jackley that Scott Westerhuis shot his entire family, torched the house, and then shot himself. There is still the ongoing mystery of who called Nicole's cell phone in the middle of the night, right before the fire, and what happened to the safe that apparently got up on its hind legs and trotted out of the house before the carnage.

36705 279th Street, Platte, SD.
screen cap from Google Maps,
2015.09.22.

Further reprise:  Scott Westerhuis was the business manager of MCEC, the Mid Central Educational Cooperative, which is, among other things, a hub for distributing federal grand monies to other non-profit organizations, including Gear Up.  Nicole also worked there.  Scott Westerhuis set up as many as 7 non-profit corporations related to Indian education, including - but not limited to! -  the American Indian Institute for Innovation, a/ka AIII.  Scott Westerhuis was incorporator of all of these, CFO of some, including AIII, and his wife Nicole was business manager of at least some of them.  And the Westerhuis family lived on a $1.3 million rural Platte property that included a 7,600 square foot house, a $900,000 gym complete with basketball court, weight-lifting area, and computers, and a loft with a meeting room, rooms for guests, and a kitchen.  This was on an official combined MCEC salary of $130,549.82.

Okay, back to the news conference!  On March 16, 2016, Marty Jackley announced that he filed charges against and arrested: 

Daniel Mark Guericke, MCEC Executive: 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment in the state penitentiary and/or $4,000 fine, 4 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.  Full transcript of complaint here: (PDF of Complaint filed)

Stephanie A. Hubers, Former MCEC interim business manager: 1 count of grand theft, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 2 counts of grand theft by deception, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine, 3 alternative counts of receiving stolen property, class 4 felony, punishable by up to 10 years in the state penitentiary and/or $20,000 fine.

Stacy Lee Phelps, Former AIII (see above)/GEAR UP operator: 2 counts of falsification of evidence, class 6 felony, punishable by up to 2 years imprisonment and/or $4,000 fine, 2 counts of conspiracy to offer forged or fraudulent evidence, class 5 felony, punishable as a Class 6 felony, with a maximum sentence of 2 years imprisonment and/or $4,000 fine.

NOTE:  Mr. Phelps' lawyer is mounting a vigorous defense, based on the idea that Mr. Phelps is a scapegoat.  Perhaps he is.  (If so, he should be thanking his lucky stars that he isn't lying in a field somewhere...)  

Among other things, Guericke, Phelps, the Westerhuises and “other unknown co-conspirators" were all accused of falsifying and backdating contracts, including those of 

• Dr. Rick Melmer, the Dean of Education of the University of South Dakota, who (memorably) couldn't remember nine $1,000 in payments live on South Dakota television, and 
• Keith Moore, Governor Mike Rounds' director of Indian education. 

So far, neither Dr. Melmer (who as Secretary of Education under Governor Mike Rounds, moved supervision of Gear Up from the DOE in Pierre to MCEC in Platte), nor Mr. Moore (who also received a good chunk of change), nor former Mid-Central board chairman Lloyd Persson (who actually signed the bogus contracts) have been indicted, and Jackley has indicated that they won't be.

Nor has anyone asked Secretary of Education Melody Schopp to resign, even though she let MCEC continue their interesting approach to funding for three years after she noticed that something smelled a little funny.  Apparently, they are still looking into at least two other MCEC staffers who (according to Hubers) blackmailed some money out of Westerhuis.  Cory Heidelberger suggests that Mr. Jackley look into the board members of the American Indian Institute for Innovation, which was, apparently, the hub of moving stolen money around.  And no one has mentioned my favorite, Dr. Joseph Graves, Mitchell, SD School Superintendent, who received money from the MCEC for teaching "Teaching American History" in a state that has made it optional.  

Also, we're down to only $1 million missing, instead of $14 million, but hey, it's still better than the EB-5 mess.  Right?  

Angela Kennecke, KELO-TV

Well, right now, we're all waiting for the other shoe to drop.

"Sources who have first-hand knowledge within the Department of Education tell KELO-LAND News there were questionable expenses involving GEAR UP grant money as early as 2006 that were brought to the attention of department officials."  Angela Kennecke, 3/23/16

What this means, in South Dakota speak, where no one ever admits anything is actually WRONG, is that there's something else coming.  Possibilities:

(1) People ('sources') know that more hell is about to break loose and are getting ready to get out from under it.

(2) It's possible that someone ('sources') in the higher-ups is authorizing a leak, which is the first step to a flood.

(3) They found the safe.  

Okay, the last one's HIGHLY unlikely.  And if they do find it, it'll probably just be full of pork.

And there's the recent news that "There have been several million dollars diverted out of school funding at Lower Brule [reservation] and as a result they had to go into restructuring which is a federal requirement when you have really low school performance. And so they hired AIII Stacey Phelps, which at the time was the head of AIII, and Scott Westerhuis was the COO. So they (Lower Brule) brought in AIII to manage Lower Brule schools and that had been going on for about two years."  (Thanks again, Cory Heidelberger and the Dakota Free Press!)  And people wonder why the Reservations up here are still in a world of financial hurt...

Anyway, that's the latest update from South Dakota, where we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.

 

Duping Delight

“He lied for pleasure,” Fuselier said— Supervisory Special Agent Dwayne Fuselier, a clinical psychologist and an FBI investigator.
In this case, he was talking about Eric Harris of Columbine notoriety. But millions of people who aren’t mass murderers also lie for pleasure. They tread beyond compulsive, they go beyond obsessive– they lie for enjoyment, gratification, and amusement.

Psychologist Paul Ekman says lying represents a key characteristic of the psychopathic profile. He calls it ‘duping delight’.

It’s rare for the average person to get to know a criminal mind. I’m not talking about the desperate committer of crimes or those who’ve lost their way, but people who deliberately set out to steal or defraud for no other reason than they wish to.

Oddly enough, most fraudsters I’ve personally known have been disbarred lawyers. Truly. Wait, I’m not picking on lawyers as a class nor am I providing fodder for lawyer jokes– we can do that another time if my friend Dale turns a blind eye. But for unexplained reasons that seem beyond coincidence, the major swindlers I’ve encountered have been former attorneys and one a former judge. They all hail from Florida as well, formerly a haven for con artists and scammers selling underwater parcels of land.

My friend Sharon sent me an Orlando Sentinel article titled “Husband of disbarred attorney sues her, alleging fraud, forgery.” Strange as that sounds, it barely hints at the machinations involved… you’ve got to read the article.

It put me in mind of another lawyer whom I’ll call Dr. Bob Black.

Judge Not Lest… an opinion piece

I met ‘Dr. Black’ at a local college campus. We chatted between breaks. He failed to let on he’d been disbarred, although he mentioned numerous times he’d been a judge. He shared he was raised in financial comfort and had been well educated. His relationship with his parents, especially Bob Sr, sounded complex and later left me wondering about the residual effects.

Black had bought a minor mansion in an Orlando historical district. He’d gutted it and was in the process of slicing its interior into small apartments when the Historical Society called a halt, pointing out that ruining a historical building and establishing multi-family residences in a single-family zone was forbidden. Unfazed, Black put it up for sale, advertising it as partially converted to apartments but possibly not mentioning the legal stumbling blocks.

At the time of his real estate ventures, Bob was also hawking a computer he called the Macintosh XLS. I recognized the machine as an Apple Lisa, the forerunner to the Mac, although Black claimed it was not a Lisa but a super-advanced product that outclassed other computers— especially its price of $10 000, about five times the price of a Mac at the time.

A little research showed he was buying refurbished units from a company in Shreveport, bundling them with freeware and shareware, and offering training worth “thousands of dollars.” As it happened, he was paying less than $40 for adult classes at Winter Park Tech where my friend Geri taught. Geri found herself with more than one of his victims in her classes, including one man whose wife was dying of cancer and was barely holding together emotionally.

The Scheme

Black was buying outdated, refurbished computers for a few hundred dollars, adding freeware (free software) and $40 worth of classes, and then selling them as high-end products to the unsuspecting.

Dr. Black was a snappy dresser. Even at casual gatherings he wore suits, and under his suits he wore sweater vests, not a common sight in Florida.

He liked talking to me, even when I’d call him on some of his shenanigans. When I asked barbed questions, he showed a politely bland face, no anger or irritation at all. I wondered if he masked his feelings or felt nothing at all. Did he choose me just to have one person to talk to?

He claimed to have been a judge, and apparently that was true. The ‘Dr’ part he tacked onto his name– He liked the sound of it. Beyond the connotation of ‘juris’, it had no more meaning than the ‘Dr’ in Dr. Pepper.

Judgment-Proof

Black confided he was ‘judgment-proof’ and explained he maintained real property in his wife’s name and kept all his other assets offshore. The topic of disbarment didn’t disturb him… he simply acted as if he didn’t hear those questions, although once he hinted at a political misunderstanding.

One of his controlling peculiarities was to arrange meetings with clients at odd minutes on the clock, say 9:42 or 10:13. Black claimed he was too tightly scheduled to waste appointments on the half or quarter hour.

His attitude toward ripping off people was entirely incomprehensible to most observers. Black exhibited zero contrition but especially no shame whatsoever. He displayed a bullying arrogance toward anyone he could. He may have fancied himself superior to lesser people; others were merely ants that he righteously stepped on if they got in his way. Bob seemed to typify a sociopath in every sense of the word.

The Detective and the Reporter

A pair of related calls came in on my consulting line. Geri had referred one caller, a former New York City homicide detective who’d been defrauded by Black. The other was from our local WCPX star consumer crusader, Ellen MacFarlane. The detective happened to know Ellen’s mother, a NYC judge, and her sister, a force within the New York Department of Consumer Affairs. They asked me if I would provide technical knowledge for an exposé of Dr. Bob Black.

Ellen suffered from multiple sclerosis, but she was a fighter. I sat in on the interviews, sometimes feeding her questions. Black’s strategy was to answer no question directly. If she asked him about reselling obsolete equipment, he would respond with a rambling discourse on Steve Jobs, Reaganomics, and local gardening regulations. He exhausted the lady, but Ellen managed to air the segment.

The detective wasn’t done. He sued Black and called me as a witness.

We sat waiting for Black in the judge’s chambers. At nearly half-past the hour, the phone rang. The judge put it on speaker phone: A whimpering Black claimed he was deathly ill.

The judge said, “Frankly, Mr. Black, you don’t have much credibility around this court. However, I’ll continue this case if you get a doctor’s note to me within three days.”

Upon my return to court, I bumped into Black. He always acted polite to me and he did so this time, impervious to my cool nod. This time, the parties indicated they were considering a settlement. I wasn’t called to court again so I don’t know what, if any, judgment or restitution was involved.

To say Black was a scoundrel or a rascal is to diminish the impact he had on others. The Yiddish word ‘gonif’ comes close, implying a thief and a cheat.

Most of us would like to leave the world a better place. Besides social currency, reputation is a reflection of future self, the part that remains after we’re gone. We can’t all be great authors, musicians, artists, nurses, and teachers, but we can be good people. People who don’t care are alien to the rest of us.

I’ll bracket this article with “in my opinion,” but Black made a living from cheating people. He could argue he gave naïve people what they asked for (“They should have done their homework”) and what he promised (“So what if I sold them free software and who’s to say the $40 course isn’t worth thousands”).

For all that, my greatest astonishment centered around his lack of shame. I used to attend LegalSIG, a special interest group run by a local law firm concerning matters of business and law. Black would attend, showing no chagrin, no humiliation, not the least discomfort. Most people would not put themselves through such mortification, but Black felt no discomposure. He was internally ‘judgement-proof’ emotionally as well as financially.

Friends asked why ‘Black’ singled me out to talk. Partly, people found it easy to chat with me, even confide, but also I could listen without hating him, which I suspect many of his colleagues and victims must have done. From him, of course, I heard only fragments of his exploits. He never mentioned the word ‘victims’, but hinted those who’d fallen for his schemes were weak-minded. He sometimes suggested when his prey rose up, they were unfairly trying to victimize him for being the more clever.

I can’t read a mind like his, but I began to suspect that if he dealt with emotions at all, he might have felt no wrong. He might even have believed himself entitled, that he had the right to exploit lesser humans, those who could not harm others. If so, I feel sorry for him. But I'll never know for sure.

A Sorry State of Affairs...

All right, I admit it, I'm running late on this blog, but I've been spending the last two weeks e-mailing my state legislators and governor over a variety of bills that seem to come straight out of the minds of ALEC. (Look it up.  Also, here:  SD Legislators with ALEC ties.) You see, we only have a 2-month legislature, that only sits 38 working days, so if I don't express my opinions now, I won't have time later on. Seriously - the session is going to end March 11. (Veto Day is March 29.)

First off, South Dakota is still officially missing $120 million dollars in EB-5 fees and investments, $14 million dollars spent (somewhere) of Gear Up! federal money, 7 people dead, cell phones wiped by the managing company the morning after an arson/murders/suicide (maybe), and a safe that had legs like a dog and walked out the door in the middle of the night. So, what's on our legislature's minds? Transgender potties and single women.

There's also House Joint Resolution 1002, which wants a new Constitutional Convention to propose “amendments to the Constitution of the United States that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and members of Congress.” That'll fly.

Meanwhile, we're last in the nation for teacher pay, and our legislature is trying desperately, DESPERATELY to not put into action Governor Daugaard's proposal to increase sales tax by 1/2 of a cent to pay for increases. My favorite excuses are (1) that they haven't had time to read the bill and (2) that they haven't had time to come up with an alternate funding proposal. They've known about this since December. This is called kicking the can so far down the road that maybe it will disappear. At one point the House rejected it. Finally, though, late yesterday, through sheer shaming by most of us citizenry, it passed. We will no longer be 50th.

Wild Bill Janklow

There was also HB 1161, which would preemptively render useless an intiative that we the people are planning on voting on in November to rein in payday loans. South Dakota is, in case you don't know it, the usury capital of the country, thanks to the 1978 SCOTUS ruling in Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp, which (summed up) says that your individual state anti-usury laws cannot be enforced against nationally chartered banks located out of state. Our then governor, "Wild Bill" Janklow, heard that and persuaded the legislature to pass a bill that repealed South Dakota's cap on interest rates. And so Citibank, Wells Fargo, and other institutions moved here and life is sweet.

My favorite bill was HB 1107, which was "to ensure government nondiscrimination in matters of religious beliefs and moral convictions," as long as their religious beliefs and moral convictions were the following:

The Compound, West River in Pringle, South Dakota

1. Marriage is or should only be recognized as the union of one man and one woman;
2. Sexual relations are properly reserved to marriage; or
3. The terms male or man and female or woman refer to distinct and immutable biological sexes that are determined by anatomy and genetics by the time of birth.

(I have yet to determine why we apparently have religious beliefs and moral convictions about sex: what about usury? war? violence? lying? greed?)

Anyway, one of the great ironies of this bill is that at least one of the sponsors was an unmarried man who posted pictures of himself and his hot girlfriend all over social media. (It's a small state: you can find these things out.) I wrote many of my legislators about this bill, but my first question wasn't the obvious, "And were you a virgin on your wedding night?" Instead, it was, "Does this mean you guys are finally going to take on the polygamous sects living in compounds out West River?" (No one answered that question.) I also pointed out that birth anatomy and birth genetics can be entirely different (I used to work at Medical Genetics - see my blog post here (Medical Genetics). Everyone assured me that this was a non-discriminatory bill, to which I replied, politely, "Bull hockey." This bill has been - thankfully - tabled. Hopefully it will stay that way.

NEWS FLASH: The feds have actually taken on the polygamous sect led by Warren Jeffs' brother Seth in Pringle, South Dakota over food stamp fraud! Huzzah! Federal Probe Shows Details of Polygamous Sect. BTW, to those who don't know, the way these polygamous sects get around the laws against polygamy is by having "spiritual" marriages, which are not registered anywhere. The women - usually child brides, with no power of refusal - are then registered for food stamps, etc., as single mothers. Sadly, most of their sons are booted out of the compound as soon as they get to puberty, because there aren't enough brides to go around, since the old men are marrying all the daughters as soon as they hit puberty. Now you know why I asked about that...

But the one that's taken up most of my writing time is the transgender potty bill, which would would prohibit public school students from using a bathroom or locker room for a sex other than theirs at birth. (We really made the national news with that one. Sigh.) It passed the House, it passed the Senate, and now it's on Governor Daugaard's desk. I've been writing him almost every day, with at least one of the following arguments:

1. Transgender people don't want to do anything but use the bathroom safely. A boy who is transgendering to a girl doesn't want to assault girls, he wants to become one. A girl who is transgendering to a boy doesn't want to assault boys, she wants to become one.
2. Every student I've talked to doesn't understand what all the fuss is about. They all know some transgender students and have no problem with them using whichever bathroom they're comfortable in. (Bathrooms have stalls, with doors that lock.)
3. Gender is something that is not obvious, and is not always determined at birth. (See my Medical Genetics article link above.)
4. There is one bathroom which everyone uses - old and young, straight and gay, male and female, adults and children - and no one is worried about assault or trauma or shock: it's the one in your home. You go in, and shut the door.

The latest one - and I'm about to start writing my legislators on as soon as I finish this blog - is SB 159, which gives insurance companies credits on their premium and annuity taxes for granting “scholarships” for private K-12 school tuition to low-income students. The fun part of this is that the legislator who sponsored this bill is married to (who'd a thunk it?) the founder and owner since 1972 of an insurance company, and was past president of the Sioux Falls Catholic Schools Foundation, and past chairman of Advanced Gifts for the O’Gorman High School Building Funding Drive. Great joy in the morning, who could possibly think there was any conflict of interest?

What's especially irritating about all of this is that we're a relatively poor state; we are, as I said, ranked last in the nation for teacher pay. Governor Daugaard just refused to expand Medicaid again, after he said he would ONLY if the feds will move all Native American healthcare to their dime. Well, the feds did, and now Daugaard announced today that South Dakota still "can't afford" to expand Medicaid - keep kicking that can. Our infrastructure and roads are constantly crumbling (we have hard winters), and, as I said, we have over $120 million missing in taxpayer funds on scandals and corruption. But, rather than deal with any of these problems, our legislature keeps trying to pass bills that will only lead to lawsuits. Apparently, we have plenty of money for those. Not for investigating things that are really and truly affecting us right now.

Anyway, that's the latest update from South Dakota, were we talk like Mayberry, act like Goodfellas, and the crazy just keeps on coming.



NOTE: Huzzah! Daugaard vetoed the transgender potty bill!