Monday, February 9, 2009

Michael Ray Aquino, a former Philippines National Police officer serving six years imprisonment in McRae, Georgia for espionage could now be eligible for immediate release after a United States Court of Appeals for the Third Circuit judge panel Friday modified a United States District Court for the District of New Jersey‘s judgment, ordering a resentence of the accused under more lenient guidelines.

“I feel relieved for Michael Aquino and his family. We won the appeal. Michael will be resentenced. His new sentencing range will be 36-46 months (that is, essentially time served). Aquino has now served exactly 41 months in prison to the day on Feb. 9, 2009,” Aquino’s lawyer, Mark A. Berman, Esq. said. “The accused pleaded guilty to merely to possessing military secrets, and a three-judge panel of the Third Circuit Court of Appeals agreed that Walls erred in using harsher sentencing guideline reserved gathering or transmitting classified documents,” Berman added.

But Federal prosecutors had argued for Walls’ sentence, alleging “his guilty plea included acknowledging the stolen documents could have been used to harm the United States, making him eligible for the stiffer sentence,” Christopher J. Christie, U.S. Attorney for the District of New Jersey submitted. “Crimes like these strike at the heart of our national security because they involve our keeping our secrets secret. These defendants will face the full weight of federal prosecution,” said US Attorney Christie.

“The arrests of Leandro Aragoncillo and Michael Ray Aquino affirm the FBI’s commitment to apprehending those who would seek to reveal classified information to foreign nationals,” explained FBI Special Agent in Charge Leslie Wiser Jr. Both accused were ordered in judicial custody without bail by United States Magistrate Judge Patty Shwartz in September 2005.

“While Aragoncillo was an active participant in the offense, Aquino’s role was purely passive,” wrote Circuit Judge Maryanne Trump Barry in a written opinion promulgated Friday, in “US v Aquino” (No. 07-3202), an appealed case originating from D.C. Crim. No. 05-cr-00719. In the judgment, federal judges Barry, Michael Chagares and Jane A Restani, Chief Judge of the United States Court of International Trade, sitting by designation, have acknowledged that Judge William H. Walls’ interpretation of the harsher sentencing guideline was understandable, but the statute is imprecise. “Accordingly, we will vacate the judgment of sentence and remand for resentencing,” the panel ruled.

“The Honorable Maryanne Barry” is a United States Court of Appeals for the Third Circuit judge, daughter of Mary MacLeod Trump, who hails from Tong, Western Isles. Barry is the older sister of real estate mogul Donald Trump and the mother of David Desmond, who is a neuropsychologist and the author of the satirical novel Oliver Booth.

The espionage case was the first of its kind, obliging the Court to turn to the dictionary instead as a legal tool to resolve the landmark case. Circuit Judge Barry then used the 1993 version of the Webster’s Third New International Dictionary to define the word “obtain.” The pertinent part, pages 9 to 10 of the 13-page decision provides as follows:

Judge Walls sentenced Aquino to 76 months imprisonment for violation of 18 United States Code 793(e), punishable under the harsher United States Sentencing Guidelines, 2M3.2, (Gathering National Defense Information, which imposes 35 years sentence if top secret and 30 years, if not) instead of the more lenient 2M3.3 (Transmitting National Defense Information, etc.)

Because of the Barry decision which modified the original Hall’s sentence, Aquino now faces 37 to 46 months imprisonment when he is resentenced by the United States District Court for the District of New Jersey. Since he has already served 40 months, he could be immediately released.

But since he was initially arrested in September 2005 for tourist visa rules violations, he will be delivered by the judicial authorities to United States Citizenship and Immigration Services when he leaves McRae Correctional Institution in Georgia. Aquino will be processed for deportation. McRae is a city in Telfair County, Georgia, United States.

Michael Ray Aquino was a former Deputy Directory of the Philippines National Police Intelligence Group and former senior superintendent of the now-disbanded Philippines Presidential Anti-Organized Crime Task Force under former Philippines president Joseph Estrada.

On November 24, 2000, PR man Bubby Dacer and his driver Emmanuel Corbito were kidnapped along the corner Zobel Roxas Street in Manila and the South Super Highway by gunmen believed to be members of the PNP. Four days after, the victims’ charred remains, consisting of burnt bones, metal dental plates and a ring, were later found in Barangay Buna Lejos, Indang, Cavite. Both victims were killed by strangulation.

P/Col. Glenn Galapon Dumlao, one of the accused, named former Po/Supt. Cezar O. Mancao II and former S/Supt. Michael Ray Aquino as the brains behind the crime. Mancao and Aquino were members of Presidential Anti-Organized Crime Task Force or PAOCTF, headed by then Gen. Panfilo Lacson. Suspects Mancao and Aquino left the country after being implicated in the heinous crime. Dumlao disappeared afterwards but later resurfaced in the US.

In 2005, murder cases were filed in Philippine courts and arrests warrants were issued against accused Dumlao, Aquino and Mancao. Dumlao, a resident of Patchogue, New York was arrested and held without bail on November 20, 2008 by virtue of a warrant of arrest issued by Judge William D. Wall. On December 10, Dumlao was ordered extradited to the Philippines by Judge A. Kathleen Tomlinson of the United States District Court for the Eastern District of New York in Long Island, New York.

The initial hearing of the extradition case of Dumlao’s co-accused, Mancao II, now detained in Florida, was held on December 3, in the US District Court in Southern Florida in Fort Lauderdale. Justice Secretary Raul M. Gonzalez had requested the US Justice Department to extradite Mancao and Dumlao to face murder charges in the Philippines. An extradition hearing has yet to be initiated for Aquino, although, as trusted officer of then PNP chief, now senator, Panfilo Lacson, was also requested for extradition by the Philippine government to face trial for the Dacer-Corbito double murder.

“Sir, the other day Leandro ‘Lean’ Aragoncillo called me. … He wants to talk to you and give you some updates on the political situation in the country,” wrote Aquino in an e-mail of January 2005 to his former boss Sen. Panfilo “Ping” Lacson. “I find all the information that you are sending me very useful. I hope you will continue sending more,” replied Sen. Lacson in an e-mail he allegedly sent in January 2005 to Aragoncillo. “By no means would you show this information. … I will be affected severely. Again, please protect the source – Me,” said Aragoncillo in an E-mail he allegedly sent in August 2005 to former Philippines President Joseph Estrada.

In March 2005, Aquino was arrested by immigration authorities for overstaying his visa. He contacted his friend, Leandro Aragoncillo, a Philippine-born civilian FBI Intelligence Analyst, who worked in the White House (between 1999 and 2002) as “administration chief” of the security detail assigned to the Vice President (Gore and then Cheney). However, Aragoncillo’s efforts on Aquino’s behalf eventually led to Aragoncillo being investigated by the FBI. In the course of that investigation, evidence of espionage against the United States Government was uncovered.

According to reports complied by Filipino intelligence professionals, there were indications of a link between Aragoncillo and the French intelligence service, Direction générale de la sécurité extérieure. Frequent visits by Aragoncillo to Manila allegedly were interspersed with clandestine meetings between identified, French operatives and several “illegals” (i.e. unregistered agents) around 2002 to 2004.

“What it means is that there is a hole in White House security. There are two kinds of people at the White House: Those that have been very well-vetted and those that have been extremely well-vetted and have access to the top secret computer network. This man had access to the top secret computer network.” said Richard A. Clarke, a former White House adviser.

“The FBI said Aragoncillo was concerned about e-mailing from his personal account so many classified documents from FBI computers, and he asked one recipient, Filipino opposition Sen. Panfilo “Ping” Lacson, whether he was a nuisance. “The reply, court records say, came back two days later in a cell phone message intercepted by the FBI: “What you are sending are never a nuisance to me. They are in fact informative and very useful,” Clark added.

In September 2005, Aragoncillo, a retired US Marine Gunnery Sergeant with 21 years service was suspended by the FBI, and arrested for violation of Title 18 of the US Code, Sections 371 and 951, admitting espionage activities from August 2000 to August 2005, and taking files while working under VP Cheney from 2001-2002, including giving information to another country.

In July 2007, Aragoncillo, age 50, a naturalized US citizen residing in Woodbury, New Jersey was sentenced to 10 years imprisonment for “transferring classified information to assist in overthrow of Philippines government.” Aragoncillo, admitted passing information by cellphone text messages and e-mail messages through Hotmail and Yahoo accounts, to Aquino, former President Joseph Estrada, Sen. Panfilo Lacson, and opposition politicians, who wanted to oust Mrs. Arroyo, including former House Speaker Arnulfo Fuentebella, according to court documents. He will be released from Federal Correction Institute in Big Spring, Texas on May 28, 2014.

The court fined Aragoncillo $40,000. “I never intended to cause harm or injury to the United States,” Aragoncillo told the judge. In July 2007, Sen. Panfilo Lacson as well as deposed president Joseph Estrada have admitted to receiving information from Aquino, but they denied any conspiracy. “Aquino is determined not to return to the country,” said Sen. Lacson, who admitted extending financial support to Aquino and his family.

In July, 2008, Sabina and Carina Dacer, the daughters of missing public relations man Salvador “Bubby” Dacer testified at the Manila Regional Trial Court (RTC), after almost eight years of self-exile in the United States. “In his exact words he said, ‘mga anak, kung may mangyari sa akin, walang ibang may kakagawan noon kundi si Ping Lacson, (my daughters, if anything happens to me, no one but Ping Lacson is responsible)” Sabina Dacer told ABS-CBN News and Current Affairs. “Hindi naman kilala ng daddy ko si Michael Ray Aquino as far as we know eh. So kung hindi siya kilala ng daddy ko, sino yung kilala niya na kilala ng daddy ko? (My dad does not know Michael Ray Aquino as far as we know. So, if my dad does not know him, whom does he know that my dad knows?)” Carina Dacer said.

Sen. Panfilo Lacson has vehemently denied any involvement in the Dacer-Corbito murder case. “For the Nth time, I will assert the truth that I had nothing to do with it,” said Lacson in a text message. “They can lie and make people lie even under oath and before a court of law to make me look bad and guilty in the Dacer case. In fact, right after Dacer disappeared, the family sought my help… And I responded the way I should as a law enforcement officer at that time,” Lacson explained.

On Saturday, September 10, 2005, Aquino was also arrested at Queens, New Jersey and was charged with conspiracy and acting as an agent of a foreign official in the jurisdiction of the United States District Court for the District of New Jersey, presided by U.S. District Judge William H. Walls. Aquino was accused of helping Aragoncillo transmit classified United States documents regarding President Gloria Macapagal-Arroyo to her opponents in the Philippines, including both former President Joseph Estrada and current opposition leader, Panfilo Lacson, who had been Aquino’s superior in the police force.

In an indictment of 6 Oct 2005 signed and filed by United States Attorney Christopher J. Christie, the Grand Jury sitting at Newark, New Jersey, accused Aquino with charges of – “knowingly communicating classified information by a government employee to an agent or representative of a foreign country (i.e. receiving classified information), acting as an agent of a foreign official without notification of the Attorney General, in violation of Title 18 of the US Code, Section 951, conspiracy to commit all of the above offenses in violation of Title 18 of the US Code, Section 371, and not cooperating with authorities, under Title 18 of the US Code, Section 2.

Under an eventual plea-bargain agreement, Aquino entered a plea of guilty to illegal possession of classified documents, but avoided the more serious charge of espionage which Aragoncillo received. On July 17, 2007, Aquino was sentenced to six years and four months in prison by U.S. District Judge William H. Walls. Federal prosecutors had sought the maximum 10-year term.

Aquino “did subject our nation to some peril,” ruled Judge Walls. “I am sorry for what I did. I never had the intention to harm the United States. I love this country,” said Aquino who addressed the court for three minutes before sentencing, and apologized. On November 21, 2008 his reduced sentence request was submitted to the appellate court.

Meantime, the Philippine National Police (PNP) is monitoring developments in the Aquino espionage case. “Of course we are interested in his case, but all we can do is to wait for the outcome of the case of Michael Ray in the US,” said a police official.

The Alliance for A Just and Lasting Peace in the Philippines has criticized the judgment: “For the AJLPP the news of the release proves that the charade of injustice is ever present when it comes to the cabal of AFP men who served as worst human rights violator and proven puppets of the United States military like the Lacson boys,” the AJLPP said. “On the other cases of oppressed immigrants like the Baoanan case languishes in courts and not acted upon. So much for double standard of American justice system.” The AJLPP statement concluded.

Monday, May 9, 2005

Saturday’s running of the Kentucky Derby left favorites in dry churned up dust, as speedster Spanish Chestnut forced an early pace that only long-shot horses fully answered. The two top finishers, Giacomo and Closing Argument ran past race favorites Bellamy Road and hopeful Bandini, who came off the starting gate well and into the first turn. But they faded under a blistering early pace that at the half-mile pole was second fastest in race history.

Only Afleet Alex, showing at third, applied salve to the wounded crowd of 154,000 ticket-tearing fans. Betting for this year’s race totaled a record $103.3 million counting both on- and off-track wagering. A 2 dollar wager on the winning horse Giacomo paid $102.60.

TV viewership in top metropolitan markets was down only slightly from the previous year, which considering the wagering shows no lack of interest in the race:

Win: Giacomo $102.60

Place: Closing Argument: $45.80

Show: Afleet Alex: $19.80

Wednesday, August 1, 2007

Described in press materials as a “low budget” production, the crew of Bratz: The Movie turned to a busy LA high school to film the picture’s main scenes.

Shot in 30 days, during February and March 2007, the film had to work around the roughly 3,500 students at Santee Educational Complex in South Los Angeles, California. Most productions, like High School Musical and Degrassi: The Next Generation, do principal photography shoots during the summer. Since the Bratz film had a summer release, and the Santee school goes year-round, such a pattern was impossible.

Director Sean McNamara “was adamant about using this school”, named in the film as “Carry Nation High”, said production designer Rusty Smith. “We knew it was going to be complicated, and it was, but we pulled it off. I’m sure it was a big distraction for us to be there and it’s really a compliment to the principal and the students’ cooperation because we couldn’t have done it without them.”

One of the stars, Chelsea Staub, agreed. “I was amazed at how orderly and respectful the students at Santee High were during our invasion.” She admits that she “would have had issues walking by our heavenly omelet station every morning,” if she were a Santee student.

Such good behavior could be deemed extra surprising considering the school, which opened in 2005, is located in an area known for its amount of gangs. Some students walk through 50 different gang “territories” on the way to school, 18 of which have documented members enrolled as students. Students have brought AK-47s to class, and jumped police officers for their guns. A two day melee at the school, whose principal is a former cop, resulted in 34 arrests and 10 hospitalizations, mostly for pepper-spray-related injuries. Half of the instructors, as of March 2006, were in their first year of teaching.

The school board superintendent and Los Angeles mayor Antonio Villaraigosa rode the bus to the first day the bus was routed through the neighbourhood; a photographer for the Los Angeles Times caught a 10th grader tagging a window. The first gun shots rang out the second day the school was open.

Bratz: The Movie is a story based on an internationally successful line of dolls. Three “best friends forever” are forced by the queen bee of the high school to separate into various existing cliques. Growing lonely, they rebel by choosing to be true to themselves.

“Filming at a real high school was interesting because you could see real cliques and compare them to the simulated cliques in the movie,” commented Logan Browning, one of the movie’s stars, herself a senior in high school.

Staub, who plays the antagonist Meredith, also felt the real-life location was beneficial to the movie. “All the sounds and background images helped make it real for me. The shifting echoes of students on the bleachers and school bells that released the chaos of kids changing classes made me feel like I was truly a part of the high school experience as opposed to doing a scene on a soundstage.”

“The presence of that school and the way it’s laid out, almost like a prison, became a major character in the film,” said production designer Rusty Smith. (Interestingly, Meredith’s mantra in the movie is “take no prisoners”.) The school, devoid of color, easily contrasted against the vibrant and unique bedrooms of the Bratz girls. “We knew it was going to be complicated and it was but we pulled it off. I’m sure it was a big distraction for us to be there and it’s really a compliment to the principal and the students’ cooperation because we couldn’t have done it without them.”

A 16-foot high sculpture was added to the school courtyard, to help transform it into Carry Nation. The sculpture was of Nation, the most infamous and formidable member of the Women’s Christian Temperance Union in pre-prohibition America, wielding her hatchet in one hand and Bible in the other.

The production also filmed in the residential neighborhood of Studio City, and The Grove, a popular shopping centre at the heart of West Hollywood, both areas of Los Angeles.

The film opens in theaters across the United States and Canada on August 3, in the United Kingdom on August 17, in Spain on August 24, and Australia and New Zealand September 20.

Wednesday, May 19, 2010

The Internet has already brought great things to the world, but has also brought spam, phishing, scamming, etc. We all have seen them across the Internet. They promise money, weight loss, or other things a person may strive for, but they usually amount to only a lighter pocket. Online advertising has become something that the increasingly Internet-reliant society has become used to, as well as more aware of. As this is true, online ads have become more intricate and deceptive in recent years.

However, a certain type of advertisement has arisen recently, and has become more deceptive than any other Internet ad, and has tricked many users into credit card charges. These sites claim to be news websites that preach a “miracle product”, and they offer a free trial, and then charge the user’s credit card a large amount of money without informing them after the trial ends. These sites appear to be operating under one venture and have caught ad pages of high-traffic websites by storm. In this report, Wikinews’ Tjc6 investigates news advertisement sites.

These Internet ads work in different ways:

Hypothetically speaking, a reader is browsing the web, and then happens to come across something that they believe is too good to be true. A link on one of these high-traffic pages promises white teeth, weight loss, or huge profits from working at home part-time. Out of curiosity, they click on the link.

This is the way that people are attracted to these fake news sites on the internet. The domain owners draw in customers by purchasing advertising on some of the World Wide Web’s most visited pages. Curious users click and are led to what they believe is a news article. From anti-aging to shedding weight, these “articles” from non-existant newspapers and television stations depict a skeptical news reporter trying a product because they were instructed to by a superior.

As the user reads on, they find that the “reporter” miraculously achieves significant weight loss, teeth whitening, or other general health and beauty improvement. The reporter states that the reader can get the same results as they did by using a “free trial” of the product.

Next, the user looks to the bottom of the page, where there seems to be a set of user comments, all of them praising the product or products that are advertised — this is where we first see something suspicious. Across several of these false articles, the comments appear to show the exact same text, sometimes with even the same usernames as other sites.

There is obviously some kind of correlation. Although this appears to be true, most users who purchase these products do not look at multiple versions of these similar pages of what appears to be a fast-growing network of interconnected fake news sites.

Once customers have convinced themselves into buying the product, they are led to a product (or products) website which promises a free trial for a very low price. What they do not know about this, however, is that they are giving their credit card data to a company that will charge it automatically after the trial ends. In about 14 days, the user receives a charge on their credit card for an excessive amount of money, usually from about $80 to $100 (USD). All attempts to contact these companies and cancel their shipments usually prove to be futile.

What these sites have is a large amount of legal copy located at the bottom of each site, stating their right to charge the user. This site, a fake news article claiming to offer teeth-whitening benefits, has several paragraphs of fine print, including this: “…Upon signing up for the 10 day trial membership you will be charged up to $4.97 depending on various shipping and initial offer promotions at that time but not more than $4.97 upon signing. If not cancelled, you will be charged $89.97 upon completion of the 10 day trial period. Monthly thereafter or 30 days from the original order date, the charge will reoccur monthly at a total of $89.97 until cancelled…,” the site says.

Practices like this have alerted the Better Business Bureau, an American organization that studies and reports on the reliability and practices of US businesses. In a press release, a spokesman from the BBB spoke out against sites like this. “Many businesses across the country are using the same selling model for their products: They lure customers in with claimed celebrity endorsements and free trial offers, and then lock them in by making it extremely difficult to cancel the automatic delivery of more products every month…,” said the report that denounced the websites.

When a user looks at several of these sites, they notice that all of them have the same exact structure. Because of this, Wikinews decided to look into where some of the domains were owned, and if they were all in fact part of one company.

However, the results that Wikinews found were ones that were not expected. Out of the three random websites that were found in Internet ads, all using similar designs and methods to attract the customers, came from three different locations in three countries and two separate continents. The first came from Scottsdale, in the United States, while the next two came from Vancouver and Hamburg. There is no location correlation, but surely, there has to be something that connected these sites together. We had to look even further to try to find a connection.

There is some correlation within the product’s contact information. A large amount of the teeth-whitening products analyzed actually shared the same phone number, which lead to a distribution center located in St. Petersburg, Florida, and several other similar distribution centers located across the Southern United States. But, that explains only one of the categories of products that these websites cover, teeth whitening.

What about the other products? The other products such as weight loss and work-at-home kits all trace back to similar distribution centers in similar places. So, what do we make of all of this?

There is obviously some company that promotes these products through the fake news advertisements, but that company is nowhere to be found on the websites. All contact information is given on the product pages, and websites are copyrighted under the name of the domain, not a company. Whatever company has been the setup for these pages has been very good at hiding themselves from the Internet, as there is no information across the web about that mysterious large advertiser.

As a result of customers buying the products and having unauthorized charges on their credit cards, a large volume of complaints are currently present on awareness sites, complaint sites, and even the Better Business Bureau. Several customers point out that they were not informed of the steep charges and the company made it extremely difficult to cancel their subscription, usually resulting in the loss of several hundred dollars.

• “The trial offer was to pay for $3.95 for the cost of the shipping for one bottle. I noticed shortly after placing the order I had a charge on my credit card for $149.95. Unknown to myself the company charges for a membership if you don’t cancel within 14 days, I cancelled within 18 days…When I called the customer service number they told me the decision has been made and my refund request was denied. When I questioned the person on the other line about what I was getting for my $149.95 she told me I was not getting anything because I cancelled the membership.“

?“Tamara”, in a post to the Ripoff Report

• “This is a “free sample” scam: Pay only postage and handling and get a free sample of a tooth whitening system, they say. I looked for the “catch,” something that would indicate that there’d be hidden or recurring charges, but didn’t see anything, and ordered. Sure enough, a couple of weeks later, I see a charge for $88.97 on my bank statement…When I called, the guy answering the phone had obviously answered the same angry question many, many times: “Why has your company charged $88.97 to my card?” “Because you didn’t cancel your subscription in time,” he said tiredly.“

?“Elenor”, in a post to the Ripoff Report

One notable lawsuit has occurred as a result of these articles. Some of the articles about work at home kits specifically advertise things like “work for Google”, or “job openings at Google”. However, Google asserts these claims as false and has taken the case to court, as it is a copyright violation. “Thousands of people have been tricked into sending payment information and being charged hidden fees by questionable operations,” said Google in a statement.

The BBB has received over 3,000 complaints about products such as the ones that Google took offense to. The lawsuit has yet to begin in court, and no date has been set.

Thursday, January 12, 2017

On Monday, the person responsible for changing the Hollywood sign in California to read “Hollyweed” as a new year’s prank turned himself in to local authorities. 30-year-old artist Zachary Cole Fernandez surrendered himself, the Los Angeles Police Department (LAPD) said.

According to LAPD, Fernandez went to the police station accompanied by his lawyer, where he confessed to have changed the sign and was bailed out shortly thereafter for US$1000. LAPD charged Fernandez with trespassing; earlier reports indicated vandalism charges were ruled out as he used black and white tarps to alter the letter “O” to read lowercase “e”. The sign was not physically damaged.

A court hearing is scheduled for February 15. Fernandez said this act was an art project, and claimed he faces up to six months in prison if convicted. It took Fernandez two hours to alter the sign. Regarding conviction, he said, “I’m a person of integrity. If I do something wrong, I will own up to it.”

Exactly 41 years ago, on the same date in 1976, then-university student Daniel Finegood modified the sign to read “Hollyweed” for an art class assignment. Finegood returned to change the sign again in 1990, spelling out “Oil War” to protest against the First Persian Gulf War. Fernandez, on Tuesday, said his act was to “bring light and positivity and happiness”. He said he was inspired by Finegood’s modification to the sign.

City Councilman David Ryu said in a statement. “Pranks of this nature deplete the resources of our valuable public safety personnel”.

The term “weed” is an English slang term for cannabis, a banned drug in many countries. On November 9, a ballot for legalising recreational use of cannabis in California for the age group of 21 and above was passed. The law legalising recreational cannabis is due to come into effect in 2018.

Please note: there may be minor variations between this script and the associated recording.

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