Child porn found in fraud investigation

TORONTO — Child pornography that police accidentally found on a man’s computer while investigating him on fraud charges can be used in court, Ontario’s highest court has ruled.

But, the court warned, it does not mean police have the right to poke into every corner of someone’s computer under the guise of a specific search.

http://liarcatchers.com/computer_forensics.html

The police were investigating Ronald Jones in an Internet fraud and stumbled upon 57 images of child pornography. They asked a Crown attorney for advice, the lawyer said they could proceed with a further search, and the police also found 31 child pornography videos.

A lower court judge ruled that Jones’ charter rights were violated because the warrant authorized a search for evidence of fraud, not of child pornography. That court dismissed his charge of possession of child pornography, but in a ruling released Tuesday, the Court of Appeal for Ontario ordered a new trial.

The police were entitled to seize the initial images they stumbled upon, under the so-called plain view doctrine, the three-judge Appeal Court panel ruled.

But, they said, it was a charter breach to go looking for more evidence of child pornography without getting a second warrant.

The Crown had argued that the initial warrant authorized the extended search because a computer is like pieces of physical evidence, which can be tested and inspected in whatever ways the police deem necessary once lawfully seized.

But the court rejected that, saying when a computer is seized for a specific reason, it does not give police carte blanche to pore through it to root out evidence of unconnected crimes.

“I do not accept that the right to examine the entire contents of a computer for evidence of one crime … carries with it the untrammelled right to rummage through the entire computer contents in search of evidence of another crime … without restraint,” wrote Justice Robert Blair on behalf of the panel.

The police acted in good faith and balancing all the factors, it was wrong to exclude the pornographic evidence, the court said.

“The administration of justice would be brought into disrepute more, in the long-term, if the video file evidence is excluded rather than included,” the court wrote.

“Crimes involving child pornography are among the most abhorrent in society. Society’s interest in having these charges tried on their merits, with the important, reliable and real evidence that is available being tendered, is very high.”

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Oakville man charged fraud investigation

A 61-year-old Oakville man has been arrested in connection with a major fraud investigation.

Peel police Richard Chojnacki was arrested and charged on Friday with defrauding the public.

The Fraud Bureau began an investigation into the practices of Chojnacki after receiving complains from the public.

http://liarcatchers.com/fraud_investigation.html

Investigators allege that, while working as a lawyer until 2010, the suspect defrauded clients of millions of dollars by accepting personal funds to either be held in trust or as short term personal loans, known as Promissory Notes.

Clients reported to authorities that their Promissory Notes were worthless and that their money had disappeared.

Police have so far identified 6 people who have been victimized, for a total loss of over $4.8 Million between 2003 and 2010.

Investigators believe that there may be other individuals who may have been victimized in the same manner. Anyone who may have been victimized by the suspect is asked to contact the Fraud Bureau at (905) 453-2121, ext. 3350. Additionally, anyone who has information on these frauds, and/or the individuals connected to them, is also urged to contact investigators

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welfare fraud

Over the course of 42 days in August and September, 12 area residents were charged with various degrees of welfare fraud through joint investigations by Chautauqua County Social Services Department and Chautauqua County Sheriff’s Department.

In 2010, the department received 388 referrals for fraud investigation. Seventy-one of these cases had criminal charges filed, and 74 convictions were brought due to cases rolling over from the previous year.

Betsy Steger, Chautauqua County Social Services Department legal division director, said 2011 has already seen 359 referrals for fraud, with 59 arrests and 22 convictions thus far.

These may seem like big numbers. but Steger said when you consider the number of people on public assistance, they don’t seem that large.

“It is not necessarily a big number when you consider there are thousands of people on public assistance, and as I said, a lot of these will not turn out to be fraud investigations,” she said. “They will be something that we are already aware of or something that is completely false about somebody.”

REFERRALS

Steger said that those collecting benefits can protect themselves from investigation by being completely transparent and truthful on their applications and use of their benefits.

“People who are on assistance simply need to remember that while they are receiving benefits, you need to report to the department any time there is a change in your circumstances, and you need to be honest about your circumstances,” she said.

She also encouraged members of the public to call their fraud hotline at 1-800-388-5365, if they believe there is misuse.

INVESTIGATION

Investigations into alleged fraud begin with referrals, which can come into the department in several ways, including knowledge on the part of a personnel or referrals called into the hotline by concerned citizens.

Once a referral is received, her office then verifies the information and begins an internal investigation.

“We get the referral from either our workers or someone in the public who calls the hotline, and then within our office our fraud unit reviews the case, first of all to determine if the information is something we are already aware of,” she said.

If her division is unaware of the activity, the Chautauqua County Sheriff’s Department is then contacted.

“We have a contract with the Sheriff’s Department for two deputies,” she said. “They do a field investigation and if they can establish the facts that someone has failed to report something or has lied on their application or failed to notify us of some change in their circumstance that would affect their benefits, it then comes back to the fraud unit to calculate how much they received inappropriately.”

Once a criminal act has been determined, the Sheriff’s Office will issue an appearance ticket and the District Attorney’s office will prosecute the case, she said.

PROGRAMS

The Fraud Investigation Unit is only one part of a two-piece puzzle in order to diminish fraud, she said.

“From the departmental perspective we have two programs: the fraud program, which involves investigations against individuals who are already receiving benefits, and we also do what we call a FEDs program, which is a front-end detection program,” she said.

This program vets those who are applying for benefits before their case file is ever even opened.

“Basically what we have is indicators when someone comes in and applies for benefits,” she said. “If one of those indicators seems to be existing in their case, it gets referred for investigation before their case is even opened.”

From there, DSS personnel verify the applicant’s information to make sure that nothing is incorrect or purposely misrepresented.

“If we can establish that there is either incorrect information on their application or they have left something off, we can either prevent them up front from getting benefits at all or reduce the amount of benefits they are getting because putting the information into the case reduces the level of benefits they are entitled to,” she said.

The program is to help, “stop it at the front door,” she said.

Steger said that even with these two programs, not all referrals are brought up on criminal charges and not all applications are denied due to these factors. Sometimes it could be an honest mistake on the part of the individual, and not a purposeful criminal act.

SHERIFF’S OFFICE

The county Sheriff’s Office currently has two deputies assigned to investigate fraud referred to them by the DSS.

According to Sheriff Joe Gerace, in 2009, a total of 84 people were arrested with 193 charges being laid by investigators. In 2010, a total of 70 people were arrested with 342 charges being laid by investigators as well as a total of 417 incidents investigated and reports taken on possible welfare fraud. A total of $214,441.55 according to numbers given by the Welfare Fraud Unit, was found to have been fraudulently received in 2010, with $161,030 in cost-avoidance and $243,964.30 in conviction court-ordered payments.

Gerace said his office could also do more, if more investigators were available.

“There is a lot of fraud that we don’t have time to find and investigate, because we only have two deputies,” he said. “You also need the whole front-end part of it, the information coming from a tip, and investigation requires you to look at the eligibility and the dates, so the Social Services department has to do all this lead work first, and then give the investigators the case based on them verifying there is a crime.”

Gerace said his office also receives tips from the public involving welfare fraud.

“Some are anonymous tips, some are direct information. We might learn of violations from other criminal investigations that occur. Some are disgruntled relatives, girlfriends, that file complaints. Some of them happen within DSS where they recognize abuse and then they will turn it over to investigations,” he said.

Gerace said that some cases have been into the hundreds of thousands of dollars, but that recent numbers of fraudulently received benefits are low because DSS and his investigators catch these actions early.

“You will see the numbers (of money) go down when enforcement is strict because we are on the cases before they grow to that level,” he said. “It takes time to get that number built up over a period of time of abuse.”

http://liarcatchers.com/fraud_investigation.html

Once a criminal act has been established and the offender charged, recovering the money that was fraudulently taken and cost-avoidance are initiated. Cost-avoidance means that these offenders are removed from the rolls, from being able to receive public assistance, which saves taxpayers money for the period of time these offenders are no longer eligible.

BUDGET?CUTS

Due to County Executive Greg Edward’s 2012 proposed budget, the Sheriff’s Department will see many cuts, including cuts to the Welfare Fraud Unit.

“They want us to cut down to one investigator,” he said.

Steger explained the cut as a decision to focus on the FED program,.

“The fraud program is a Department of Social Services program, it is was a decision by the department in looking at our budget and trying to find where we could save money if we could, was to reduce our fraud presence for the back end, the people who are on assistance, down to one investigator,” she said.’

She explained that monetarily, the FED program saves taxpayers more money in the long run.

“The cost-avoidance in the FEDs program for 2010 was $2,432,911, and our fraud number established in 2010 was $243,964, of which we were able to collect $58,512,” she said. “When we looked at those numbers it appears to us budgetarily the bigger bang for your buck comes in the front-end detection system.”

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Solyndra CEO Resigns Amid Fraud Investigation

Solyndra CEO Brian Harrison has left the company, after refusing to answer questions from Congress over the solar company’s disastrous bankruptcy that left taxpayers on the hook for hundreds of millions of dollars.

http://liarcatchers.com/fraud_investigation.html

Harrison’s resignation is apparently a concession to the U.S. Justice Department, which is investigating whether Solyndra misrepresented the company’s financial situation in order to obtain — and later refinance — a $534 million loan from the federal government.
The company’s epic collapse has become a major thorn in the side of the Obama administration, which now faces a Congressional investigation into whether the Solyndra loan was politically motivated.
After Harrison and Solyndra CFO W.G. Stover refused to testify before Congress, the DOJ filed a motion to appoint a trustee in the company’s bankruptcy case, noting that concerns that executives would not be forthcoming about Solyndra’s operations.
The San Francisco Chronicle reports that the company is now looking to replace Harrison with Todd Neilson, the former bankruptcy trustee for Mike Tyson and Suge Knight.

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Mayor resigns voter fraud investigation

LOVEJOY, Ga. — Clayton County District Attorney Tracy Graham Lawson has confirmed to Channel 2 Action News her office is dropping a voter fraud investigation against a local mayor in exchange for his immediate resignation from public office.

A resignation letter from Lovejoy Mayor Joe Murphy indicates he resigned from his office to spend more time with his family and working on his business. However, Lawson told Channel 2 investigative reporter Mark Winne his sudden resignation fulfilled his part of a deal they made not to pursue criminal charges against him and his family.

Lawson said, “This is an appropriate resolution to the voter fraud investigation, taking into consideration both the facts and the law.”

Winne has obtained a letter from the Clayton County District Attorney’s Chief Administrator Dennis Baker to attorney C. Crandle Bray, who represents Murphy.

The letter states, “We had agreed that should Mayor Murphy provide our office with a signed resignation for his immediate leaving or elected office and including an acknowledgement that he would not seek future political office that the investigation of the Lovejoy voter/election fraud case regarding Mayor Murphy and his family would end …”

Lawson told Winne other citizens, aside from the mayor and his relatives, were under investigation.

In September of last year, Winne reported the District Attorney’s Office executed a search warrant at Lovejoy City Hall regarding allegations the mayor and five others, including three of Murphy’s relatives, cast illegal votes in the 2007 city elections.
The investigation alleged the voters lied on their absentee ballot forms about where they lived and questioned whether they lived within the Lovejoy city limits at the time they cast their votes.

Murphy told Winne at that time he did not do anything wrong.

“I’ve always lived in the City of Lovejoy,” said Murphy.

Former city attorney Keith Martin said, “Mayor Murphy has always maintained that no member of his family, or he, ever knowingly violated any law or regulation.”

http://liarcatchers.com/fraud_investigation.html

Winne obtained Murphy’s resignation letter dated Thursday. The letter states, “It is with some reservation that I do hereby tender my resignation as Mayor for City of Lovejoy effective at 5:00pm on Friday, October 14 2011.”

Handwritten beneath his signature reads, “I, Joe Murphy, agree to no longer seek political office in the future.”

Mayor Pro-Tem Bobby Cartwright said Murphy was the only candidate for mayor in the upcoming November city election.

“Joe was my friend and just a wonderful mayor,” said Cartwright.

Cartwright said officials are studying when to hold a special election later, but if the City Council accepts Murphy’s resignation an emergency meeting Monday, Cartwright will serve out the remainder of Murphy’s term until the end of the year per the city charter.

“I’m sure I’m gonna have to call Joe a lot,” Cartwright said.

“It was a very fair deal for the citizens of this county,” said Lawson.

Winne requested an interview with Murphy through the city clerk but the clerk indicated Murphy denied his request.

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Social Security Fraud Investigation

Local officials in Philadelphia with assistance from the FBI are investigating the case of four mentally disabled people who were found locked up in a basement so their social security checks could be stolen.

A janitor says they were doing checks of the building where the crime occurred and found the people locked up, he quickly let them go and then called authorities to report the crime.

Among the victims were a 29-year-old female and three males (31, 31, and 35).

http://liarcatchers.com/fraud_investigation.html

According to police the victims were locked up for approximately one week and they were suffering from bed sores and other “injuries that are very, very hard to describe.”

Speaking about the incident Lt. Ray Evers said the group had moved from Texas to Florida and then to Philadelphia on October 4.

Police say that the people responsible are likely two men (51 and 51) and a 50-year-old female. Names for those suspects have not been released at this time.

Evers says of the people responsible:

“They’ll be charged with pretty much everything we can find in the crimes code … from aggravated assault to kidnapping to false imprisonment,” and “You name it, we’re going to stick it on them.”
Because of the human trafficking allegation the FBI have stepped in to help the investigation.

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Art Gallagher Arrested in Fraud Investigation

HIGHLANDS, NJ – A Monmouth County political blogger and Highlands council candidate was arrested on a fugitive warrant from the state of Delaware. Art V. Gallagher, 53 is running as an independant in the borough race to fill a one-year, unexpired term on the council. He is a past Republican municipal chairman and county committeeman, a member of Planning Board, Clam Depuration Commission, and Environmental Commission

http://liarcatchers.com/fraud_investigation.html

Art Gallagher (r) is shown with Gov. Chris Christie at a political event.
The owner of Gallco Enterprises Inc., for many years Gallagher was active in the Northern Monmouth Chamber of Commerce, including a stint as president. Gallco Enterprises is a vehicle and equipment leasing company and a used vehicle dealer located in Belford, NJ. Mr. Gallagher founded the company in 1998. According to his LinkIn page, Mr. Gallagher has a BA, Economics, 1980, from Georgetown University.
According to an article in the Asbury Park Press, Highlands Police Sgt. Joe Rogers said the fugitive from justice warrant from Delaware is “regarding a fraud investigation Delware State Police conducted.”
Gallagher is being held on $250,000 bail at the Monmouth County Jail awaiting extradition.

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Glendale shop owner arrested accused of identity theft

A Glendale smoke-shop owner was arrested on suspicion of aggravated identity theft, police said.

Ashot Petrosyan, 31, who owns a smoke shop near 4300 West Bell Road, is suspected of using skimming technology to access information from victims in the Valley, Phoenix police spokesman Sgt. Steve Martos said.

Officers suspect that Petrosyan was working with other people to set up skimmers at various locations throughout the Valley, Martos said. The skimmers are able to access credit- and debit-card numbers, PIN numbers, and ZIP code information as a customer makes purchases. That information was re-encoded and applied to unused gift cards.

Police say the suspect was caught on video surveillance at various Valley locations using the gift cards. Petrosyan allegedly used the gift cards with stolen information to purchase $800 in cigarettes and sell them at his smoke shop for discounted rates, Martos said.

http://liarcatchers.com/identity_theft_investigation.html 

On Monday, officers searched Petrosyan’s home, near 19200 North 15th Place, and his smoke shop. They seized $31,000 in cash, two Mercedes Benz vehicles and multiple gift cards, Martos said.

Officers seized an additional $44,000 cash in Petrosyan’s safety deposit box, Martos said. Later, officers found incriminating evidence in another safety deposit box at a separate bank, Martos said.

A victim purchased gas at a Circle K near 67th Avenue and Happy Valley Road on Sept. 26. Two days later, she was using her debit card and was notified by her bank that her card was simultaneously being used at a store in the East Valley, Martos said.

Officers of the Desert Horizon Neighborhood Enforcement Team began an investigation into this incident and linked it to Petrosyan and others.

Officers are working to find other people who are victims of these types of scams. Anyone who has been a victim is encouraged to file a report or contact the police department.

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Identity Theft

Two Fulton County men were arrested Wednesday in connection with an identity theft ring that had as many as 8,000 victims across the nation.

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The two men — Robert A. Smith, 46, of Atlanta, and Robert A. Hill, 49, of Roswell — allegedly used fraudulent store credit cards to obtain high-dollar merchandise and resell it on eBay.

Cherokee County Sheriff’s investigators coordinated with the Secret Service to search and seize a 1999 Lexus, a Harley-Davidson motorcycle and more than $91,000 in cash associated with the identity theft scheme.

Investigators believe Hill has been scamming retailers for more than 15 years with $9 million in losses to various victims.

The investigation began in February 2010 when a resident of Cherokee County reported several fraudulent credit card accounts had been opened using his name. By the time it was over, detectives realized over 8,000 identities from a financial institution had been compromised.

http://liarcatchers.com/identity_theft_investigation.html

The suspects were allegedly obtaining phony driver’s licenses under other peoples’ names and using the IDs to apply for credit in stores like Best Buy, Target, Sam’s Club, Wal-Mart, Home Depot and Lowes. The crooks then purchased high-dollar items with the store accounts and brought them to Hill, who sold them on eBay at prices just slightly below retail value so as not to draw too much attention, said Lt. Jay Baker, spokesman for the Cherokee County Sheriff’s Office.

Authorities searched a storage unit rented to Hill on Wednesday and located a trove of new merchandise including iPads, iPods, golf clubs, cameras and global positioning systems. They also seized $45,000 in cash from Hill’s home and $46,000 from his bank account.

Investigators aren’t identifying the financial institution at this time because doing so could jeopardize future arrests, said Baker, who added that they expect to charge several more individuals tied to the ring.

So far, 10 victims have been identified in Cherokee County, but detectives say there were many more victims all over the country.

“Anyone who has received bills from big box stores that they didn’t apply for, we certainly want them to report that to their local authorities,” Howard said.

Hill is charged with conspiracy to commit retail property fencing and racketeering. He is out of jail on $110,400 bond.

Smith is charged with five counts of identity fraud, one count of conspiracy to commit identity fraud, one count of conspiracy to commit retail property fencing and racketeering. He remains in custody with no bond.

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Medical identity theft a growing problem

One-third of health care organizations, including physician practices, insurers and pharmacies, have reported catching a patient using the identity of someone else to obtain services, according to a report from the professional services firm PwC.

The report, “Old Data Learns New Tricks,” by PwC’s Health Research Institute, said the problem — and consequences — of medical identity theft could get worse as electronic sharing of patient data increases. Physicians unwittingly could end up using information obtained during a visit with an identity thief in deciding how to treat a patient, for example.

See related content
Medical identity theft is still a small percentage of the total amount of identity theft that occurs, but it’s the fastest-growing segment, said Jim Koenig, director and leader of PwC’s identity theft practice.

“The digitization of patient health information is inevitable, and so are the risks of compromising patient privacy,” the PwC report states. “As medicine becomes increasingly personalized through greater access to information mined from new data assets, business opportunities are starting to entice all health sectors to engage on a new data-sharing playground. But there are barriers to gaining admission. Among them is the reality that privacy and security safeguards are not keeping pace with the need to increasingly protect personal information from the bullies.”

Phil Blank, a senior analyst with Javelin Strategy and Research, which examines incidents of fraud and helps clients respond to them, said 8% of data breach victims in the U.S. had their medical information stolen in 2010. Medical records were the fifth most commonly stolen data. The most common was credit-card numbers.

Blank cited the slow economy and more people losing insurance as drivers behind increasing medical identity theft.

Larry Ponemon, president and founder of the Ponemon Institute, a privacy research center based in Traverse City, Mich., said his research has found nearly half of medical ID thefts are considered “Robin Hood crimes.” That means willing or sympathetic “victims” lend their identity to someone else so that person may get needed services.

In 2010, 8% of U.S. data breach victims had medical information stolen.
Of cases that involve unwilling victims, Ponemon said, many are the result of a practice’s insiders stealing information to help someone they know.

A report published in March by the Ponemon Institute and sponsored by Experian ProtectMyID, found that roughly 1.5 million Americans are victims of medical ID theft. Of the 1,672 people surveyed for the study, 633 either had been a medical identity theft victim or went through the experience with a close family member. Fourteen percent said the breach occurred at a health care office, and 10% said employees at a health care organization’s office had stolen the data.

PwC acknowledged that many times theft comes from inside the office.

“It’s a very different threat than the type of security threat that many health care organizations have been building to protect themselves from for years,” Koenig said. “You always think of the hackers and the outsiders and the firewalls and not the knowledgeable insider.”

PwC’s report is not the first time experts have sounded the alarm on the risks of medical identity theft.

Pam Dixon, founder of the World Privacy Forum, said in a 2006 report that “medical identity theft may also harm its victims by creating false entries in their health records at hospitals, doctors’ offices, pharmacies and insurance companies.” She said the changes to the records could remain in the files for many years.

“Victims of medical identity theft may receive the wrong medical treatment, find their health insurance exhausted, and could become uninsurable for both life and health insurance coverage,” Dixon said in the report. One example Dixon cited in her report was a woman who ended up with the wrong blood type in her patient file.

As medical records become more transportable through electronic networks, the problem could be exacerbated as mistakes are disseminated and re-disseminated among physicians, hospitals, pharmacies and insurers, Dixon wrote.

Preventing medical ID theft
PwC said preventing medical identity theft requires a practice to be committed to privacy of patient information, even beyond following federal standards such as HIPAA. For example, PwC said health organizations should “deputize all workers as privacy champions,” mainly by giving them privacy training that will show them how to protect information while making them sure enough in their jobs to access information when appropriate.

http://liarcatchers.com/identity_theft_investigation.html

PwC also recommends that practices “make privacy part of the consumer experience and brand,” showing patients the importance to the practice, and to the patients themselves, of keeping their information confidential. As an example, PwC cites BJC HealthCare in St. Louis, which allows patients to view their records online, but only after they give their assent in a face-to-face meeting.

Some health systems have used biometrics, such as fingerprint or eye scanners, as a means of confirming patient identity. But Ponemon said the simple act of checking photo IDs at each patient visit is an effective, yet underutilized, way to authenticate someone’s identity.

He said many organizations feel uncomfortable asking for identification because they are so focused on patient confidentiality, or are afraid of offending someone. But he and other security experts say checking the ID — and keeping a copy of it in the file to be checked at every patient visit — can help stop fraud before it happens.

For physicians, not catching fraud can have financial as well as clinical implications. In many cases, security experts said, physicians find they can’t collect from identity thieves, and insurers will demand payments back from physicians if an identity thief was treated.

Some organizations are starting to train employees on how to detect an imposter through what appears to be simple conversation. Ponemon said the physicians or nurses can pull out a bit of information from the patient’s file that the patient should know, such as his or her age or a previous illness, and ask seemingly innocuous questions about it. Physicians also should be on the lookout for red flags in patient files, such as references to procedures they weren’t aware the patient received or mismatched patient information.

Experts said they realize medical identity thieves can put physicians in a difficult ethical position. On one hand, physicians don’t want to let a medical identity thief get away with a crime. On the other hand, physicians have an ethical obligation to treat the sick. “Perhaps the right thing to do is to treat the medical identity thief if he or she is truly ill, and then contact law enforcement to nab this criminal,” Ponemon said.

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