MY NARRATIVE:
1) The government fraudulently obtained an invalid (NIT) search warrant and used it to fabricate evidence of a TB2 visit by my IP on November 18, 2012. (I believe they got my IP from illegal activities they were engaged in during 2012 & 2013) They then used that falsified evidence to obtain a John Doe indictment solely based on that fabricated visit on March 20, 2013 in Nebraska (Where TB2’s server was located).
2) The government then used that fraudulent indictment to obtain John Doe search & arrest warrants for the user of my IP at my house.
3) As mentioned in a previous post, the government agents improperly executed their warrants on April 9, 2013 by failing to “knock and announce”. This failure strongly indicates malfeasance. In other words, if they had faith in the validity of their warrants, why would they conceal their existence and try to obtain my consent for a search? The answer is – obviously – that they didn’t have much confidence in their legitimacy.
4) While improperly executing their search warrant the FBI agents planted evidence as justification to execute their arrest warrant. (Without that planted evidence they wouldn’t have been able to arrest me on April 9, 2013) The weakness of this evidence has been discussed in a previous post and will be rehashed below during the gov’ts narrative.
5) When the fraud of the TB2 visit was in danger of being exposed – on November 7, 2014 – the government embarked on a conspiracy to conceal their misconduct.
6) The first act of their Conspiracy occurred under the radar for the first two years of the prosecution and wasn’t fully exposed until the government’s second operation against contraband websites. The warrant they obtained to execute their NIT was “void ab initio”; that means that the magistrate that issued it had no authority to issue the warrant – meaning that it was invalid. I suspected this to be the case in April of 2014 and asked my Attorney via e-mail “Can a magistrate in Nebraska issue a warrant to search a computer in NY?” He ignored my April 2014 question. My case had 14 defendants with 14 supposedly competent lawyers, who all looked at the NIT warrants and didn’t notice they stated that they were for “Nebraska and elsewhere”.
This was NOT a coincidence; because, if any of those lawyers had asked that question in 2014, the government would not have been able to claim “good faith” when they used a similar “void ab initio” warrant during the subsequent playpen operation (2015) where every attorney challenged the NIT warrant. In the end it was deemed “invalid” BUT the FBI was forgiven since they claimed to have a “good faith” belief that the warrant was valid. (Unfortunately, only one appellate judge appears to have noticed that this “good faith” claim was nonsense)
So now we have the first motive for their conspiracy, the government wanted to conceal the use of invalid warrants to prosecute dark web contraband websites. In sum, if Operation Torpedo (my case) had challenged the invalid NIT warrant Operation Pacifier would have been forbidden.
7) The next act of their conspiracy was to sell the nonsense that their NIT was just a flash application. This deception was required to conceal the fact that TB2’s “logs” were fabricated and contained falsified information. As explained in other posts, Operation Torpedo was about using any means necessary to arrest and prosecute Tim Defoggi. The NIT didn’t work against Defoggi so we don’t know what software ran Pedobook. Pedoboard ran on PHPBB software, which issues session ids to clients and tracks their activities in various logs; BUT, TB2 ran on Tinyboard software and it doesn’t issue session ids to clients nor track their activities. That’s a big problem because the Federal Rules of Evidence do not allow computer logs to be created for prosecution. Thus the second motive for their Conspiracy was to conceal that the TB2’s logs were both fabricated and falsified.
8) The third part of their conspiracy was the most difficult because it required defense experts who would join their conspiracy. My first expert was Rich Hoffmann. He noticed the problem with my NIT report immediately. So he was soon off the case and the government “poisoned the waters” between me and my attorney by showing him the totally irrelevant – to the matter at hand – images that were on TB2. That got us into a heated argument about the irrelevance of those images and drove a wedge between use because I had strong circumstantial evidence that the government had fabricated and falsified the NIT evidence.
9) They (the government and my lawyer) found three shills to produced a January 2015 report for the wrong server (Pedoboard) instead of the right server (TB2). The only way I knew that they had examined the wrong server was because the code snippets they provided were obviously (to me) PHPBB code. I knew that this code could not produce the session ids in my report. I believe that this is strong circumstantial evidence that My attorney (and the shills) joined the government’s conspiracy because my lawyer then used their bogus report as justification to withdraw my Daubert challenge to the NIT.
Therefore, this first report was an explicit attempt to suppress the truth about the NIT on TB2. Naturally, I was furious and fired my attorney to fire the shills. (Since my lawyer and the shills were being paid for by the court, we actually had to make a motion to the court to remove him and assign another attorney.) Once my new attorney was assigned, I told him to fire the shills and hire Dr. Rebecca Mercuri’s team. My numerous requests fell on deaf ears and I was forced to use the shills to examine the correct server in June of 2015. That report was a convoluted mess of contradictions. They stick to their nonsense that the NIT was just a flash application while exposing that it was actually gallery.php, gallery.swf & cornhusker.py. Galley.php loaded gallery.swf with javascript. That is significant because I assumed they must have used javascript to falsify my visit to TB2. (Pedoboard didn’t use javascript to load gallery.swf) In a previous post I documented my attempt to get the two main shills to address their participation in the conspiracy. (I also sent JOSH STROSCHEIN several missives and he, so far, has ignored me.)
10) The conspiracy is confined to TB2. The pedoboard prosecutions appear to be based on legitimate evidence (PHPBB logs) that was obtained with an invalid warrant. TB2 prosecutions, however, were based in illegitimate evidence (as proven by my new expert report on Tinyboard – the software TB2 ran on) because Tinyboard doesn’t have a visitors table, doesn’t issue session ids to clients and doesn’t track user activity. The government, as corrupt as ever, still will not admit their egregious misconduct and as mentioned above the shills aren’t talking.
GOVERNMENT NARRATIVE:
1) On November 18, 2012 my IP visited TB2 for 10 minutes and viewed about 30 illegal images.
2) On March 20, 2013, the government obtained an indictment against a John Doe using that IP that accuses “him” of viewing and attempting to receive those 30 images.
3) On April 9, 2013, the government used that indictment to obtain John Doe search and arrest warrants for my IP and my house. They then improperly executed those warrants.
4) On or about December 2013, the government agrees that it improperly executed those warrants BUT my attorney shouldn’t pursue the matter because they promise not to use any of that evidence at trial. (“That evidence” are files in unallocated space that must be carved to be viewed)
5) On or about April 20, 2014 the government admits it failed to give proper notice of the NIT warrant BUT it’s not a severe violation so the court should just ignore the violation. (The Court agrees in October of 2014)
6) NIT discovery begins in January of 2015. The shills produce a report for the wrong sever. I move to fire both them and my attorney. I get a new attorney in February 2015, Daubert discovery was on hold while he hires new experts.
April 20, 2015 government gets an indictment in the WDNY solely to intimidate me into stopping NIT discovery. Their attempt fails, but for reasons NEVER explained to me, I was forced to use the shills to examine right sever. Their June 2015 report reveals all of the government’s fraud BUT everyone – except me – ignored the facts.
7) The government claims from November of 2014 until present that the NIT was just a flash application AND the government failed to preserve the flash source file; BUT, that’s OK because you can reverse engineer it. The shills and the court agree with this nonsense and on August 3, 2015 I’m coerced into a condition plea that same day.
Over the next 4 months I try to withdraw me plea, because I believe that a fraud occurred when the government, and my experts, made materially false statements to me regarding TB2, with the goal of coercing me into taking a conditional plea.
8) On December 16, 2015 a hearing was held to determine if I would be allowed to withdraw my coerced plea, based on the fact that Tinyboard doesn’t have a visitors table, issue session ids to client or track user activities in any way. AND that is was clear from the record that all of the evidence for both indictments were either inadequate or inadmissible. The court ignores these facts and refuses to allow me to withdraw my plea.