A Just Cause Seeks Congressional Overcriminalization Task Force Review in Criminal Case; Questions if Feds Interfered with IRP Closing Contracts

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Would Six Colorado Executives Been Found Innocent of Charges if Feds Had Not Interfered with their Business and They Had Been Allowed to Close Business and Pay Debts, Asks A Just Cause and Friends of Justice

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Free The IRP6

“Those who can make you believe absurdities, can make you commit atrocities.”
― Voltaire,

A Just Cause announced today that it is seeking a congressional Overcriminalization Task Force hearing in the case of the IRP 6. A Just Cause and Friends of Justice continue to investigate a federal case in Colorado that is currently under appeal involving six Colorado business executives who were convicted of mail and wire fraud charges. The six executives were with IRP Solutions Corporation, a software development company engaged in the development of criminal investigations software for federal, state and local law enforcement. The IRP-6 (Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, David A. Zirpolo, Clinton A. Stewart and David A. Banks) are currently incarcerated at the federal prison camp in Florence, Colorado.

Dr. Alan Bean, Executive Director of Friends of Justice, recently published findings of a six-month long investigation into the IRP Solutions case. The IRP6 were accused of defrauding staffing companies. The executives of IRP maintained that the case is a debt collection case. The executives argued during court hearings that the federal government impeded their ability to do business ( D. Ct. No. 1:09-CR-00266-CMA IRP Solutions Proffer 5/1/11).

Dr. Bean reports that prior to the executives of IRP Solutions being put on trial, there was opportunity for the company to close business and settle it debts.”The viability of IRP's software, an issue that should have been effectively settled when the city of Philadelphia embraced CILC in 2009, was at the heart of the the government's case against the IRP-6," says Bean. “The only thing standing between (the) staffing companies and a paid-in-full check from IRP was the government of the United States. On two occasions, in 2005 and in 2009, FBI and DOJ interference kept IRP from paying its debts while making an extraordinary contribution to national security (speaking of the software developed by IRP Solutions)," adds Bean. (Money for Nothing, Dr. Alan Bean, 5/23/13 (http://friendsofjustice.wordpress.com/20130522money-for-nothing-how-racial-bias-destroyed-six-lives-stymied-a-black-owned-business-and-outraged-a-congregation/)

Bean's investigation shows IRP company proprietary communications from 2008 between IRP Solutions Chief Operating Officer, David Banks and Philadelphia Deputy Mayor of Public Safety, Everett Gillison, in which IRP Solutions made an offer to the City of Philadelphia to install components of IRP's Case Investigative Life Cycle software (CILC, pronounced “silk”), and the city would only have to pay for customization, configuration, and maintenance. ( D. Ct. No. 1:09-CR-00266-CMA IRP Solutions Proffer, 5/1/11)

Records show that in January 2009, Lorelei Larson, Chief Investigator, Philadelphia Office of the Inspector General, contacted Banks via email stating, “All of OIG staff is very excited about this venture." Records further show that in February 2009 Gery Cardenas, Director of Information Technology for the Philadelphia Police Department was interviewed by FBI agent Jennifer Ngo regarding the IRP Solutions case. “PPD (Philadelphia PD) was very close to having the (CILC) product installed prior to the discovery of the IRP investigation”, said Cardenas, according to Ngo’s interview notes. Ngo's interview further shows that Cardenas stated that the CILC module “seemed to look exactly like what Cardenas and the PPD was looking to purchase.” (Discovery for D. Ct. No. 1:09-CR-00266-CMA, Cardenas/Ngo Interview 318A-DN-63228, 2/19/09).

As part of the current appeal, in a 2011 proffer to John Walsh, U.S. Attorney (Denver), IRP executives outline how they believe the federal government interfered with business transactions, prior to an indictment, thus impacting the company's ability to settle its debts. The proffer further outlines how IRP believes that Assistant U.S. Attorney Matthew Kirsch contacted Amy Kurland, Philadelphia OIG, and informed her that an indictment was coming. The proffer states, and records show that an indictment didn't come for four to five months later. David Banks states in the proffer that he was contacted by the Philadelphia OIG expressing regret that the project was being “pulled” due to their office being contacted by Assistant U.S. Attorney Kirsch. "I was told by Amy Kurland's (Philadelphia Inspector General) secretary that the project could not move forward because Assistant United States Attorney Kirsch had told Ms. Kurland that an indictment was coming. How can Mr. Kirsch guarantee an indictment when he has yet to present facts or make a request of the grand jury? Kirsch had already attempted with a grand jury in 2007 and failed to get an indictment," says Banks. ( D. Ct. No. 1:09-CR-00266-CMA IRP Solutions Proffer, 5/1/11)

"In my opinion, these were intentional acts to impede our ability to do business and settle our debts. We signed contracts provided to us by the staffing companies and failed to pay that debt after the government undermined our ability to close business not only with Philadelphia in 2009, but also the Department of Homeland Security and New York City Police Department between 2003 and 2005," adds Banks.

The IRP6 appellant brief confirms that IRP was engaged in doing business with the City of Philadelphia and that IRP was interfered with by the federal government. The appellant brief states, “Exculpatory evidence obtained during the discovery process revealed that IRP was engaged in negotiations with the (City of Philadelphia) Chief Investigator Lorelei R. Larson (Philadelphia Office of the Inspector General). Discussions between IRP and (Philadelphia) included information request involving fees and costs for customization, configuration, maintenance and support. However, after the FBI contacted Gery Cardenas (“Cardenas”), Director of Information for the PPD, and informed him that IRP was under investigation, all communications and any interactions between IRP and PPD ceased. (FD-302, File No. 318A-DN-63228, 02192009.) Cardenas stated that PPD was very close to having the product installed prior to his discovery of the (FBI's investigation of IRP). Id. at p.3. This evidence was not (allowed to be) submitted to the jury. During the second day of deliberations the jury asked for more evidence, with the presumption that they were not fully persuaded that a crime existed. Doc 619. Additional evidence as noted above would have rendered a different verdict in favor of the Appellants (showing no) criminal intent.” (Appellate Case: 11-1492 Document: 01018987811 Date Filed: 01/22/2013)

"Judge Arguello did not allow this evidence or any evidence related to PPD to be used at trial," says Banks.

In "Money for nothing: how racial bias destroyed six lives, stymied a black owned business and outraged an entire congregation," Dr. Bean investigates how the government interfered with IRP doing business. Philadelphia city records show that IBM was awarded a $4.7 million contract in 2002 to computerize the police department’s records. After seven years the city had invested $7.1 million in a failed project for Philadelphia Police Department. http://technical.ly/philly/2012/11/13/philadelphia-police-typewriters-technology/

"At the time we made an unsolicited offer of our search warrant module to Philadelphia Police Department (PPD), we had no idea IBM was struggling to deliver on key information technology modernization requirements for the city. Fortunately for us, search warrants were a key problem area," says Gary Walker, CEO IRP Solutions. "The city provided us with a copy of their search warrant forms which we incorporated into CILC within two weeks and provided to Deputy Mayor Gillison and Gery Cardenas. We were asked to contact and work with IBM on the search warrant module. We contacted the OIG's office separately to demonstrate CILC case management," adds Walker.

“When the case went to trial in the fall of 2011, the jury never learned that the federal government had repeatedly frustrated IRP’s attempts to conduct legal business,” states Bean. “Just as significantly, the numerous staffing company representatives who testified didn’t know that the FBI and the DOJ had undermined IRP’s ability to discharge its debt,” concludes Bean.

According to court transcripts, when asked during direct examination about IRP Solutions and its debt, FBI Special Agent John Smith (lead investigator in the case) affirmed that if IRP had paid its debts the company would not have been contacted. During direct examination Smith referred to previous testimony that he provided during a James hearing. “The question that is right there was, 'Is it fair to say that if IRP would have paid, you never would have been called?' And I said "Yes, that's probably fair to say," stated Smith. (Reporter's Transcript, Jury Trial Day 13, 09-cr-00266-CMA, 10/13/11)

“From our review of this case, it is a situation where debt was criminalized," says Sam Thurman, A Just Cause. “Congress recently created the Overcriminalization Task Force to address a troubling and growing trend in this country of using criminal law rather than civil remedies to solve civil disputes. The Heritage Foundation is studying this as well and has stated, 'Criminal law should be used only if a person intentionally flouts the law or engages in conduct that is morally blameworthy or dangerous (http://www.heritage.org/issues/legal/overcriminalization),'” adds Thurman. The Congressional Overcriminalization Task Force is led by Subcommittee Chairman Congressman Jim Sensenbrenner (R-Wisc). http://www.judiciary.house.gov/news/2013/Statement%2006142013.html

The case of IRP Solutions (IRP6) is currently under appeal (US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492).

For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org

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