The Daily Caveat is written by Michael Thomas, a recovering corporate investigator in the Washington, DC-area.

CARE TO CONTRIBUTE?

TIPS, COMMENTS and QUESTIONS are always welcome (and strictly confidential).

Contact The Daily Caveat via:



Join our mailing list to new posts via email.



Or justrss icon read the feed...


Previous Posts Archives
6/30/2006
Shenanhigans...
Those of you visiting via a feed will notice nothing. Those of you clicking directly to the site may notice...changes...

We're (well, ok my illustrious web designer - I no speakee HTML) doing some experiementation with the blog design prior to the move (announced below). If you have things you'ld like to see in this space, please do let me know. As soon as we have the new feed location set up we'll give the word, but please go ahead and bookmark www.dailycaveat.com, which will be this blog's new home.

-- MDT
0 Comments.
Post a Comment
6/28/2006
ATTENTION: The Daily Caveat is Moving
And I am moving on...

Effective this month, I'm departing Caveat Research and leaving the reigns in the hands of my former partner and Caveat co-founder, Anthony Sartori. We've decided that The Daily Caveat will make the move with me and will continue at a new location (www.dailycaveat.com).

Things aren't quite live at the new site but all should be up and running by the end of next week. Updates will be posted here to allow our regular readers (THANK-YOU ALL!) to update their bookmarks and feeds for the switch. So keep your eyes peeled.

Fresh posts may be erratic over the next few days as I focus on getting the new home ready. I hope that you'll come along for the ride. Thanks for visiting me here in this space over the last two years. I look forward to even better things to come.

Tony and I continue to be great friends; establishing and growing Caveat in partnership with both Tony and our third co-fonder, Thea Bournazian has been one of the highlights of my professional career. I have every faith in continued success under Tony's guidance and remain Caveat's biggest fan.

More on my new whereabouts in the next week...

-- MDT
2 Comments.
Blogger timonisaid...
Good luck!
Thanks so much! It goes without saying that this blog wouldn't be worth much without the thousands of people who read it every month.

Take care and thanks again!

- MDT
Post a Comment

The Milberg Indictment
Political? If the American Enterprise Institute is involved...surely not. Perish the thought. However, it should be noted - that which is politically motived can, in fact, expose that which is illegal. Time will tell.

-- MDT

Labels:

0 Comments.
Post a Comment

Former SEC Attorney Turns Whistleblower on Hedge Fund Regulation, States Feds Mull New Regs
Well now this is likely to heat up...

Gary Aguirre, the former SEC attorney who headed the investigation into Pequot Capital Management Inc (which is currently facing insider trading charges) has claimed in Congressional testimony that he was told by higher-ups at the SEC to lay off Pequot because the fund's "very powerful political connections" would have made pursuing the case difficult. Aguirre was subsequently fired from the SEC and to say relations between he and his former employer have been...tense...would not be an understatement. Meanwhile, SEC hedge fund regulation seems to be vaporizing in the face of a successful court challenge and both federal and state legislators are rattling their sabers and taking matters into their own hands.

Is a turf war brewing? And what of Pequot?

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Data Insecurity at the GAO?
Regular readers of this space will already be aware that I am, in general, a big fan of the GAO, the former General Accounting Office, recently given the un-sexy new backronym Government Accountability Office. Normally it is the GAO that lays down the law on government waste, fraud or incompentence, but this week it was their turn to take the credibility hit. Apparently the agency has inadvertently exposed personal information for some 1,000 people via its website, GAO.gov. The personal details were included on 1970s-era defense department travel vouchers. While there has been no indication that data (which included the identity theft rosetta stone, social security numbers) has been misused, the GAO has made a point of removing it from their website.

The Daily Caveat still loves ya guys.

-- MDT

Labels: ,

0 Comments.
Post a Comment
6/26/2006
Busy Week for Hedge Fundies
It has been a win some, lose some week for hedge funds. Just as alternative investment managers were celebrating a court victory dismantling the SEC's meager regulatory regime, key congressional leaders have announced plans to turn their attention to the conduct of hedge funds. And that Pequot Capital investigation just makes things all the more interesting...

-- MDT

Labels:

0 Comments.
Post a Comment
6/25/2006
Chicago Lawyer The Latest to Face Scrutiny Over Connection to Milberg Securities Cases
Last week it was Denver, Colorado's Gary Lozlow. This week it is William Cavanagh of the Springfield, Illinois law firm Cavanagh & O'Hara who has come under scrutiny for his role in several cases involving the embattled plaintiffs' firm, Milberg Weiss. Milberg is currently under indictment in relation to charges that the firm paid kickbacks to individuals in exchange for their serving as leap plaintiffs in the firm's class action securities litigation.

While none of the charges in the Milberg indictment stem from cases that involved Cavanagh's firm, prosecutors have cast an increasingly wide (and some have alleged, politically motivated) net. Cavanagh's activities have come into question because he acted concurrently as a consultant to Milberg whilse simultaneously serving as General Counsel for the Illinois Central Laborers' Pension Fund, a post he has held for 16 years.

More here. And still more, here.

-- MDT

Labels: , ,

0 Comments.
Post a Comment
6/22/2006
FBI Declares Data Brokers Actions Illegal (Despite the Fact that the FBI was a Customer)
Following a second day of testimony before the House Committee on Energy and Commerce concerning the activities of internet data brokers involved in the pretextual collection and resale of private phone records, a representative from the FBI declared that the actions of these brokers "probably act illegal." This despite the fact that the FBI has recently been outed as a customer of these same types of brokers. Some might call this a government end-run around the fourth amendment. Others might simply find it to be hypocrisy.

All this, of course, is bad news for responsible investigators everywhere.

-- MDT
0 Comments.
Post a Comment
6/21/2006
Eleven Data Brokers Take the 5th in Congressional Testimony
Continuing our thread from yesterday, eleven data brokers asserted their fifth amendement rights today during congressional testimony today concerning the pretextual collection and re-sale of personal telephone records. Apparently the testimony from James Rapp, a former Colorado data broker was pretty incendiary stuff, as he described in detail the tactics he formerly used to obtain personal and private information.

Rapp has testified before Congress before on this issue, back in February of this year. You can read that testimony here. He rose to infamy few years earlier by impersonating John Ramsey, father of Jon-Benet Ramsey, the six year old whose death spawned an entire industry of legal and conspiratorial punditry.

In 2000, Rapp was also sentenced to 100 days in jail for using fraudulent means to obtain information on behalf of his clients. The Rapp case was actually cited in Senate testimony in 2003 as evidence of the "Homeland Security Threats Posed By Document Fraud." Interesting then that based on recent reports law enforcement agencies have become steady clients for a new wave of phone records dealers.

Congressional hearings are supposed to resume tomorrow. Details of the hearings can be found here.

-- MDT
0 Comments.
Post a Comment
6/20/2006
Milberg Weiss Kickback Probe Turning to Melvyn Weiss Himself? Will Bill Lerach Be Far Behind?
Thusfar bossman Melvyn Weiss has bee in the clear of the government's investigation of alleged illegal kickbacks made by Milberg Weiss to individuals in exchange for their re-occuring role as lead plaintiffs in the firm's securities class actions. Both Weiss and former partner Bill Lerach had reportedly been told by feds that neither was in the crosshairs of the ongoing investigation. Recent reports would indicate that the situation has changed.

The National Law Journal is reporting that in a 2003 meeting with Denver lawyer was Gary Lozow, of Isaacson Rosenbaum, Melvyn Weiss offered Lozow agreed that a percentage of attorney fees in two cases would find their way to Howard Vogel, a figure well known to those who have been following the kickback investigation. Lozow is currently cooperating with prosecutors and provides what investigators have long sought, a potential direct link between Weiss and the alleged kickbacks.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

Law Enforcement Turns to Data Brokers to Gather Cell Phone Data
Hmm...this was a big no-no when P.I.s were doing it and major telecom companies were suing left and right to shut down the online whealer-dealers who swindled the records from the phone companies in the first place. The FTC had also filed suit against several of the brokers. So how are law enforcement organizations able to make use of data bought from folks the FTC is prosecuting? It boggles...read all about it.

-- MDT
0 Comments.
Post a Comment

Former Tyco Shareholders Organizing Class Action Suit
With recent backing from a New Hampshire federal court judge, former Tyco shareholders who lost out on billions due to corporate fraud have had their way cleared to pursue a securities class action against the firm. More here.

-- MDT

Labels:

0 Comments.
Post a Comment
6/19/2006
A Pattern of Corruption Shames Smithsonian
A long story, which you can check out...
Via the FT.

-- MDT
0 Comments.
Post a Comment

Refco Law Firm Facing Potential Class Action For Role Fraudulent Transactions
Make that alleged role. But the plaintiffs, they are a'comin for Mayer, Brown, Rowe & Maw. While the Chicago firm hasn't been named as a defendent just yet, it has been acknowledged as a negotiator of some of the aledgedly fraudulent transactions that preceded Refco's implosion. While the lawyers representing, notably Sean Coffey of plaintiff powerhouse firm, Bernstein, Litowitz Berger, haven't commented yet on Mayer Brown's culpability the law firm's records are being poured over by the SEC and through suit or settlement, odds are that Mayer Brown will be paying for their involvement with Refco in more ways that one.

More here.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment
6/18/2006
Options Scandal Keeps on Truckin'
Richard Gwyn at the Toronto Star calls the FT to task and takes a stab at an eye level description of the mounting optiosn backdating scandal that by the day is eating the lunches of more and more of Wallstreet's top firms, (welcome aboard, Microsoft) with restatements and indictments sure to come. To hear Mr. Gwyn out, give a click.

-- MDT

Labels:

0 Comments.
Post a Comment
6/15/2006
Security Breaches Up Sharply at Financial Firms
Well either breaches are up or the honesty level is...even odds on which. Via Reuters UK:
Security breaches rise at financial firms

June 13, 2006
Reuters

More than three-quarters of the world's biggest banks and financial firms suffered an external security attack in the past year and half experienced an internal breach, a survey said on Tuesday.

The 2006 Global Security Survey from advisory firm Deloitte said 78 percent of big financial institutions reported a security breach from outside the organisation in the past year, up from 26 percent the previous year.

More than half of the external attacks were attributed to phishing and pharming, such as problems caused by unsolicited email approaches or account information being divulged to a pirate website...
The article continues here.

--MDT
0 Comments.
Post a Comment

Grasso Invokes 5th (Regularly) During SEC Depo
Via the WSJ's Law Blog:
Grasso Took the 5th a Lot During His SEC Deposition

June 15, 2006, 8:30 amPosted by Peter Lattman

Former NYSE chief Dick Grasso invoked his Fifth Amendment right to not answer questions more than 150 times in an SEC deposition looking into potentially improper trading on the NYSE, according to a story in today’s Wall Street Journal. The 2005 deposition, along with one taken earlier this year by Eliot Spitzer’s office regarding Grasso’s pay package, was released to the media yesterday...
150 times? Sheesh. More here. And more still, from CNNMoney.

-- MDT

Labels:

0 Comments.
Post a Comment

60% of Doctoral Candidates in China Admit to Fraudulent Activities?
So says the Christian Science Montitor by way of The Stalwart:
"A recent Ministry of Science study of 180 PhD candidates in China found that 60 percent admitted plagiarizing, and the same percentage admitted paying bribes to get their work published."
More here.

-- MDT

Labels:

0 Comments.
Post a Comment

New Tools on the Search Front
A new full text search engine for EDGAR filings at the SEC (link courtesy of Houston's Clear Thinkers). Here's a link to the SEC press release on the new tool, which is meant to supplement the pre-existing EDGAR document search functions.

Also, Google offers a re-vamped version of their governent search. For some background on the new .gov-oriented search - who it's aimed at and what it's designed to do - check out this InfoWorld article.

-- MDT

Labels:

0 Comments.
Post a Comment
6/14/2006
Jabre Lives! Embattled Hedge Fund Trader, Philippe Jabre Starts New Fund to Manage His Personal Wealth
Earlier this year Philippe Jabre, former super-star trader for GLG Partners, Europe's third largest hedge fund was facing the results of a two-year investigation into alleged insider trading activities and a potential ban by the FSA. Jabre was ultimately convicted of market abuse by the FSA (and is appealing the decision) but did avoid a variety of more serious charges. Since then Jabre and GLG have officially parted ways, but plans are in the works for Jabre to re-enter the trading world with the launch of Ballena Capital. While the FSA conviction prevents Jabre from managing client money, he can manage his own.

Which is substantial in quantity...

More on Jabre's moves, here.

-- MDT

Labels: , ,

0 Comments.
Post a Comment

Congressional Democrats Come to Defense of Milberg Weiss
Good news is in somewhat short supply for Milberg these days. This'll have to do...

Via TheLawyer.com:
US Congress slams Milberg Weiss indictment

The Lawyer
June 14, 2006

Milberg Weiss Bershad & Schulman, the US plaintiffs’ firm recently indicted for alleged referral fees, has picked up a powerful ally in the shape of the US Congress. Congress issued a statement slamming the US Department of Justice’s actions in indicting Milberg Weiss.

Signed by four Democrat Congressmen - Charles Rangel, Carolyn McCarthy, Gary Ackerman and Robert Wexler - the statement says: “The unprecedented recent indictment of Milberg Weiss Bershad & Schulman is a very thinly veiled attempt by the Bush Administration to accomplish by bullying and intimidation what it has not been able to do by law - to end class-action lawsuits, one of the few tools remaining to safeguard the American consumer.”

The statement comes almost a month after Milberg Weiss and name partners David Bershad and Steven Schulman were indicted by Los Angeles federal prosecutors for allegedly paying referral fees to named plaintiffs in shareholder lawsuits.
For the record, both Melvyn Weiss and Bill Lerach have long said that the government's years-long investigation into their conduct has been politically motivated... The original Lawyer article appears here.

-- MDT

Labels: , , ,

0 Comments.
Post a Comment

It's Not Just the Wrestling That's Fake - Former World Wrestling Entertainment Licensing Agent Indicted on Fraud Charges
Stanley Shenker, former licensing agent for the World Wrestling Federation and owner of S & S Associates Inc., was charged earlier this week with one count of conspiracy and three counts of interstate transportation of money obtained by fraud. Shenker is accused of providing (drop)kickbacks to a former WWE licencing exec in exchange for S & S Associates receiving commissions on phoney licensing agreements.

The kick-ee in this case was former WWE senior vice president of licensing and merchandising, James Bell. Bell himself was convicted on mail fraud charges last year and is currently awaiting sentencing. WWE for its part has referred to Shenker as a serial perjurer (a phrase first directed at Shenker by Stamford Superior Court Judge Chase T. Rogers) and filed a related lawsuit back in 2004 against Shenker and Bell as well as two companies holding WWE product licenses, toy manufacturer Jakks Pacific and video game powerhouse, THQ. The outcome of that case is still pending.

More here, via the Hartford Courant.

-- MDT
0 Comments.
Post a Comment

BCCI Fugitive Still on the Run, Living the High Life
You think the Enron scandal has dragged on? Try BCCI. More than a decade since the demise of "terrorists' favorite bank" some of those responsible remain out of reach of law enforcement.

Case in point: 65-year-old multi-millionaire, Ghaith Rashad Pharaon has been on the run from U.S. authorities since the 1991 collapse of the Bank of Credit and Commerce International of which he was a major shareholder. Pharaon, who continues to live in fine jet-set style is seen by the U.S. as the frontman for BCCI, which came under investigation for laudering money on behalf of a variety of unsavory types: terrorists, drug cartels, arms traffickers, black market nuclear weapons dealers and smugglers.

Apparently this past Friday Pharaon neatly evaded capture once again, this time in Sicily where he had been luxuriating on his 60 foot super-yacht moored at the island of Pantelleria. Sicilian paramilitary troops raided the yacht but found that Pharaon had already moved on. Meanwhile charges of fraud, money laundering and racketeeing againts Pharaon are, to date, unprosecuted he recently paid $175 million to the liquidators of BCCI to settle civil charges against him relating ot the bank's collapse.

More on the details of the recent raid from the Khaleej Times.

-- MDT

Labels: ,

0 Comments.
Post a Comment
6/13/2006
Still Feeling Bloodlust Shareholders to Go After Enron Lawfirm, Vinson & Elkins
Apparently the prominent law firm knew a bit more than it let on about the dealings of its client, America's most famous former energy trading firm:
Another act in Enron show - Filing in massive shareholder suit to take aim at Vinson & Elkins

By TOM FOWLER
June 13, 2006
Houston Chronicle

Just in time for the intermission between last month's convictions and next September's sentencing in the main Enron criminal trial, plaintiffs' attorneys in a massive shareholder lawsuit are preparing a big show of their own. The likely star? Vinson & Elkins, the Houston law firm that was Enron's main outside counsel in the company's final days.

A filing expected in federal court as early as today will contain numerous documents aimed at supporting claims that V&E knew much more about troubles at the company than it has let on and should be liable for some of the billions of dollars in shareholder losses...

...Among the papers are voice mail message transcripts showing that as early as 1999, V&E attorneys questioned the propriety of Enron's former chief financial officer doing business with the company through a side partnership. Also included are notes made by the current head of the firm expressing concerns that legal opinions the firm provided didn't really satisfy accounting rules for millions of dollars in deals...
More here, at The Chronicle. And when will Tom Kirkendall of Houston's Clear Thinkers chime in on this one? I eagerly await his thoughts.

-- MDT

Labels: ,

0 Comments.
Post a Comment

Options, Options...Where Will it End? Hint: In the Courtroom
While discussing executive compensation SEC Chief Chris Cox speaks out on stock option back-dating...

And so does former SEC Chief, Harvey Pitt, who suggests that a goodly portion of top-execs' pay should be locked away to ensure good behavior...

Pension funds, for their part, come out swinging...

Meanwhile, the number of companies under investigation for shady back-dating rises to 45, including prominent new initiate Monster.com.

-- MDT
0 Comments.
Post a Comment
6/11/2006
Happy Birthday to The Daily Caveat!
Not the blog, the author. Not saying how old...

-- MDT
0 Comments.
Post a Comment

Ohio State Pension Investment Fund Manager Lives it Up on Workers' Money
Will they never learn. Crime pays, to be sure, but not for long (via the Cleveland Plain Dealer):
BWC's financial chief lived in high style - Prison sentence now looms in wake of Gasper's guilty plea

Sunday, June 11, 2006
T.C. Brown and Sandy Theis
Plain Dealer Reporters

Terry Gasper lived the high life on a civil servant's salary. He financed his fine living through the generosity of others - brokers and dealers eager to feast at the in vestment trough he man aged at the Ohio Bureau of Workers' Com pensation. Overflowing with billions of dollars, it is one of the state's largest investment pools.

Those indebted to Gasper for lucrative state investment contracts gave him unfettered access to a luxurious $485,000 condo in the Florida Keys at the Coral Harbour Club, a condo complex with deep-water docks, a heated swimming pool, lighted tennis courts and an oceanfront Tiki hut.

They also wined and dined him at some of the top restaurants in Cleveland and Columbus. A marketer whom prosecutors have yet to identify provided $9,000 in college tuition for his son. And he got a $25,000 investment in a limited partnership and many thousands of dollars in meals, concert and sporting event tickets and other gifts.

But the good life came crashing down around Gasper's ears this past week, when the 59-year-old pleaded guilty in federal and state courts to racketeering, money laundering and ethics violations. Prosecutors estimate that Gasper's quid pro quo manner of doling out state investment business has cost taxpayers $20 million to $50 million...
Gasper is facing a potential 20 year prison sentence. More from the Plain Dealer here.

-- MDT

Labels:

0 Comments.
Post a Comment

Martha Stewart Makes Nice With SEC?
You'd think that she would have done so before spending a few months in diva-jail knitting license plate kozies. But then, this IS the lady that squished her gardener up against the house with her car... Let's just say she's a stubborn one.

The latest.

-- MDT
0 Comments.
Post a Comment

With Lay and Skilling Down for the Count, Enron's Directors Face Questions
As a part of the fallout from the high-profile prosecutions of Enron execs Ken Lay and Jeff Skilling, The Seattle Times spent some time attempting to shed some light on the folks that were supposed to be watch-dogging the energy trader's management team - the corporate directors. Interesting reading on the people at the periphery of the biggest corporate scandal of the decade (and who may be serving on the board of a company near you). What have they learned, if anything, from the whole sorid ordeal? Check out the story to find out.

-- MDT

Labels:

0 Comments.
Post a Comment

As Milberg Prosecution Gathers Momentum, Payments to Expert Witness Revisited
The Daily Caveat first wrote last November about the government's interest in Milberg Weiss regular expert witness, John Torkelson. Torkelson, a former investment banker, has been facing civil charges from the U.S. Small Business Association since 2004 in relation to a venture capital fund run by he and his wife which the Torkelsons allegedly used to swipe millions from federal government coffers.

As of September '05 Mr. Torkelson was also facing a criminal charge of making false statements to the SBA and, the world on the street was, a plea deal was in the offing provided, of course, that Mr. T offered up his knowledge on the kickbacks Milberg Weiss was alledgedly paying to lead plaintiffs in the law firm's securities class action cases.

According to the Wall Street Journal (subscrip required), in addition to the indictments that have been handed down in recent days against Milberg, interest in Torkelson's information, and what he, himself may or may not have been paid by Milberg Weiss is on the front burner for federal prosecutors.

-- MDT

Labels: ,

0 Comments.
Post a Comment
6/07/2006
Partners, Clients Bailing Out at Milberg?
With several partners under investigation, current clients deserting and former clients providing continued ammunition to the ongoing Federal investigation into illegal kickbacks, questions about the survival of superstar securities litigation firm, Milberg Weiss, loom large.

And if Milberg implodes...who will pick up the torch? The frontrunners are already applying.

-- MDT

Labels: ,

0 Comments.
Post a Comment

Escala Still Feeling the Heat on Investment Fraud
According to the ever-reliable Fox News, the SEC is on the case and Escala is not out of the woods yet in relation to the firm's role in the Afinsa investment fraud case:
'Enron of Spain' Fallout Ripples Into U.S. Markets

June 07, 2006
By Richard Behar

Some experts are calling it the "Enron of Spain," the biggest financial scam that country has ever known. A Spanish prosecutor has warned it might have “grave repercussions for the Spanish economy.” And now, the shock waves are rippling into U.S. markets, where the full effects are still unknown.

Earlier this week, the U.S. Securities and Exchange Commission launched an investigation of a relatively obscure New York stamp and coin trading firm called the Escala Group, a company that has morphed in just three years into the third-largest conglomerate in the collectibles industry, after Christie’s and Sotheby’s.

Trading in the stock of Escala — which has estimated annual revenues of $3 billion — reached a high of $35 in February on the NASDAQ stock exchange, but has slid over the past two weeks to around $7.50 – as the company has been battered by a dozen class-action lawsuits filed in the U.S., alleging fraud.

Escala insists it is innocent of wrongdoing, and notes that no authority has stated otherwise.

The SEC did not reveal the reasons for its probe, but it undoubtedly has much to do with the Spanish scandal, where some 350,000 working and middle-class investors in collectible stamps in Spain and Portugal may have lost billions of dollars in savings...
More here.

-- MDT

Labels:

0 Comments.
Post a Comment

SEC Freezes Assets of Dodgy Hedge Funds, FJR Corp., Russo Associates and Eliot Partners
By now you know the story by heart. Promises of great returns...money changes hands and it all ends in tears (and litigation). In this case $11.5 million was entrusted to Frank J. Russo of Wakefield, Massachuetts. Unfortunately for his investors, Russo's lone "alternative investment" strategy was of the Ponzi variety. Read more via the Boston Herald.

-- MDT

Labels:

0 Comments.
Post a Comment

Corporate Investigator Deserves Kudos for "Outing" Covert Record Reclassification at the National Archives
It is certainly not breaking news that the current administration has done its level best to avoid public disclosures relating to its policy decisions. The number of documents marked secret or higher has increased dramatically over the last decade while at the same time government agencies have become increasingly hostile to Freedom of Information Act Requests. In the last few weeks complaints have come from the National Archives that the push for government secrecy has even prompted certain three letter agencies to restrict access to records that had previously been made public. Even the Chief Archivist of the United States (a political appointee, not a government lifer, btw) has come out swinging at these activities. Turns out the public owes thanks to a New York-area corporate investigator for bringing attention to the current attempts to selectively delete portions of our national memory through a secret "reclassification" program.

The Washington Post has the story:
The Amateur Sleuth Who Gave the Archives a Red Face

By Christopher Lee
Washington Post Staff Writer
Thursday, June 8, 2006; A21

The scandal over missing documents that rocked the National Archives this spring came to light not because of the digging of an investigative reporter or a timely leak by a concerned federal insider. Instead it was Matthew M. Aid, an amateur researcher and historian, who figured out that for at least six years the CIA and the Air Force had been withdrawing thousands of records from the public shelves -- and that Archives officials had helped cover up their efforts.

"I'm a 48-year-old part-time historian who just accidentally stumbled onto something," Aid said in a recent interview. "I like things neat. And when I started getting the runaround from people at the Archives about why this stuff wasn't available, that's when I started getting angry. . . . They would not give me an explanation. Alarm bells started going off when that happened."

Aid "stumbled" onto something that everyone else missed in part because he knows the territory so well. By profession, the native New Yorker is a corporate investigator, a digger for hire who has worked for several firms that specialize in rounding up information for lawsuits or corporate takeover bids. He once told a prospective boss that he "loved paper more than life itself." But Aid's passion is history -- more specifically, the history of the U.S. intelligence community. "Basically, I've spent my entire adult career in secrets, in one form or another," he said.

Aid's love for the subject is obsessive, so much so that he spends most of his free time and all of his vacations at the National Archives' facility in College Park. There, he trolls through thousands of old government memos, reports, cables and other documents on such far-flung subjects as CIA operations in Iran in the 1950s, Air Force intelligence reports from World War II and State Department assessments of agrarian reform in Guatemala.

"Countless generations of girlfriends called this the busman's holiday. I have no idea how to take a normal vacation," said Aid, who is single. "Any spare time I have, I run up to the National Archives to do historical research. . . . I love history because it's like solving a puzzle."

For 20 years Aid has been cobbling together many little pieces of a particular puzzle. He is working on a comprehensive history of the National Security Agency, whose initials -- NSA -- are jokingly said to stand for "No Such Agency." Aid, a former Russian linguist for the NSA and the Air Force, began the project in 1986, largely because a fellow researcher bet him he could not do it. He writes from 4 to 9 a.m. every weekday, then begins his day job for a British company he declines to name because, he said, his employer would not like the publicity.

Two decades in, Aid said that he has completed the first of three volumes on the NSA and that the book is at a publisher. He hopes it will hit bookstores next year. He did not get an advance for writing the book and has not made a dime from his years of research. "I'm doing this for love -- or insanity," Aid said. "It's not about money. It literally has become an obsession. I'm dying to know how it's all going to end myself."

Aid has looked through piles and piles of documents, many of them once classified top secret. He has 22 filing cabinets in his Northwest Washington apartment filled with copies of declassified material, much of it from the National Archives. He has read some documents two or three times, and routinely will ask Archives staff to pull papers he perused 10 years ago to refresh his memory or see if he can spot anything new.

It was while revisiting (or trying to) some Cold War-era State Department records last August that Aid realized documents he had seen before -- indeed, he had copies of some at home -- were no longer on the Archives shelves. He inquired about it but was given no explanation. He let it go for a while, but by October, after several other files had gone missing, he demanded answers.

"I had been on a slow burn for months at this point," Aid said. "None of the reference librarians would tell me anything. . . . They knew I was suspicious about something, but they clearly had been ordered not to talk about it."

Finally, someone took him aside and told him the CIA and other agencies had been pulling files since 1999. Aid took the matter to friends at the National Security Archive, a nonprofit research library. Other researchers also had started noticing irregularities, and together they sent a letter to the Archives requesting a meeting.

At the meeting, held at the end of January, Archives officials "admitted everything," Aid said. "They said, 'Yes, there has been a reclassification program going on here.' " The next month, the New York Times broke the story. Allen Weinstein, the head of the Archives, soon announced a moratorium on reclassification while the agency undertook an audit of the withdrawn documents.

Completed in April, the audit found that at least 25,515 records had been removed by five agencies, including the CIA, Air Force, Energy Department, the Federal Emergency Management Agency and the Archives itself, which had agreed to keep the program secret.

Although the agencies said the documents were improperly declassified in the first place, Weinstein announced that more than a third of them should never have been removed. Auditors also found that the CIA withdrew a "considerable number" of records it knew should be unclassified "in order to obfuscate" other records it was trying to protect. Weinstein announced new procedures to ensure that withdrawals of records were rare and that the public will be notified when that occurs.

Timothy Naftali, a University of Virginia history professor who in October will become the first director of the Richard Nixon Presidential Library and Museum, said Aid had performed "a great service" in exposing the reclassification program.

"His work helps all of us fight against the culture of secrecy in Washington today. We don't have enough watchdogs," Naftali said. Aid applauded the audit and the policy changes. But he said the intelligence agencies are still dragging their feet when it comes to declassifying records.

"This entire experience has been an eye-opener for me," Aid said. "What's at the National Archives, I thought, was sacrosanct. It had nothing to do with the secrecy that was prevalent in Washington and I read about in the newspapers. So this has come as a huge shock for me. . . . You don't stand up and take notice until it has a direct impact on you. I'm taking it very personally."
The original article appears here. And for more on The Daily Caveat's history with the archives...check here.

-- MDT

Labels:

0 Comments.
Post a Comment

Refco Fallout Still Rolling, BAWAG set to Pay $675 Million
Austrian bank, BAWAG has reached an agreement with the SEC to pay some $675 million to settle the bank's role in the accounting scandal that 'sploded commodities trading firm, Refco. In exchange the bank will not face prosecution from the New York Attorney General's Office.

More here.

-- MDT

Labels:

0 Comments.
Post a Comment
6/04/2006
Kroll Not Licensed in Russia, Or Simply Guilty of Having the Wrong Friends
Regulatory snafu or poltitical payback - either way the result is a headache for the world's largest corporate investigative firm. Kroll is under investigation in Russia for alledgedly operating without a license. While the company has declined to comment on the accusations and the ongoing investigation (the company has maintained a Moscow office for more than ten years), some have speculated that the companies ties with Russian telecom magnate, Mikhail Friedman have led to the the firm being targeted for reprisals. Friedman, who heads the Afa Group, has been involved in a contentious legal battle over the Alfa Groups's holdings in the telecom group Megafon, reportedly hired Kroll to investigate Russia's telecom minister. Just the kind of thing that can get you on the wrong side the the state beaurocracy, it would seem.

More here, from The Times Online.

-- MDT

Labels:

0 Comments.
Post a Comment
6/01/2006
Who is Stepping Up at Goldman Post Paulson?
Speaking of the big G, the Wall Street Journal's Law Blog speculates over who will lead the investment giant after Hank Paulson head's down to DC to join the Treasury Department. Check the speculation here.
-- MDT
0 Comments.
Post a Comment

SEC Fines 15 Brokerage Firms on Bond Auction Manipulations, Seen as Wrist-Slap
Big names, small dollars. The SEC levied $13 million in fines against fifteen Wall Street firms that included such Thor's Hammer-heavy hitters as Merrill Lynch and Goldman Sachs in relation to allegations that the firms acted improperly in the handling of auction-rate securities - either failing to adequately advise investors of the Associated risks, or in some cases favoring some investors over others. The numbers being are seen as perfunctory given the high-end firms implicated. The SEC cited cooperation on the part of the broker-dealers as a primary reason for the regulatory agency's "measured response." The head of Goldman setting up shop as the head of the Treasury Department was not similarly cited.

More here.

-- MDT
0 Comments.
Post a Comment


all content © Michael D. Thomas 2010