Fall 1992
by Harry V. Martin
* Certain high level U.S. Department of Justice officials and private individuals may have violated 12 different criminal laws, states a recently released report from Congress. Those crimes may include:
* Conspiracy to commit an offense.
* Officer of employee of the United States converting the property of another.
* Fraud.
* Wire fraud.
* Obstruction of proceedings before departments, agencies and committees.
* Tampering with a witness.
* Retaliation against a witness.
* Perjury.
* Interference with commerce by threats or violence.
* Racketeer Influenced and Corrupt Organizations.
* Transportation of stolen goods, securities, moneys.
* Receiving stolen goods.
These charges come from the U.S. House Committee on the Judiciary, chaired by Congressman Jack Brooks of Texas. The persons who the Committee indicates may have violated so many laws include:
* Former Attorney General Edwin Meese.
* U.S. Federal Judge Lowell Jensen (San Francisco).
* Former California Secretary of Health (in the Reagan governorship) Dr. Earl Bryan. (Bryan was also owner of United Press International.)
* Justice Department official C. Madison Brewer, project manager for software at the Justice Department.
* Justice Department Official Peter Videnieks.
The Committee report was released on September 10 involves the INSLAW case The main media has remained silent about the final report, which many consider to be bigger than Watergate. A special Grand Jury in Chicago has been impaneled to investigate the issue.
In March 1991, the Napa Sentinel was the first media on the West Coast to break the INSLAW story and conducted a thorough investigation of the case. At that time only the St. Louis Post Dispatch and the Washington Times carried articles on the case. The Congressional report parallels all the information the Sentinel published one-and-one-half years ago.
The case involves the misappropriation of sensitive computer software used to track criminal records and the witness protection program. The Justice Department was accused of "stealing" the software and selling it to various foreign countries including South Korea, Canada, Iraq, Israel and Australia.
The report documents allegations "that high level officials at the Department of Justice conspired to drive INSLAW into insolvency and steal the PROMIS software so it could be used by Dr. Earl Brian, a former associate and friend of then Attorney General Edwin Meese. Dr. Brian is a businessman and entrepreneur who owns or controls several businesses including Hadron, Inc., which has contracts with the Justice Department, CIA, and other agencies."
A Federal Judge ruled that the Department of Justice "acted willfully and fraudulently" and "took, converted and stole" INSLAW's Enhanced PROMIS by "trickery, fraud and deceit." The Judge who made that ruling was removed from the Bench under pressure from the Justice Department.
The Congressional report adds, "Suspicions of a Department of Justice conspiracy to steal INSLAW's PROMIS were fueled when Danny Casolaro, an investigative writer inquiring into those issues, was found dead in a hotel room in Martinsburg, West Virginia, where he was to meet a source that he claimed was critical to his investigation. Mr. Casolaro's body was found on August 10, 1991, with his wrists slashed numerous times. Following a brief preliminary investigation by local authorities, Mr. Casolaro's death was ruled a suicide." The Brook's Committee sought more detail on Casolaro's death from the FBI and two former Federal Organized Crime Strike Force prosecutors in Los Angeles who had information bearing on the Casolaro case.
FBI Special Agent Thomas Gates stated this year to the Committee that Casolaro claimed he had found a link between the INSLAW matter, the activities taking place at the Cabazon Indian Reservation, and a Federal investigation in which Special Agents Gates had been involved regarding organized crime influence in the entertainment industry. "Special Agent Gates stated that Mr. Casolaro had several conversations with Mr. Robert Booth Nichols in the weeks preceding his death. Mr. Nichols, according to documents submitted to a Federal court by the FBI, has ties with organized crime and the world of covert intelligence operations. When he learned of Mr. Casolaro's death, Special Agent Gates contacted the Martinsburg Police Department to inform them of the information he had concerning Mr. Nichols and Mr. Casolaro," the report states. "Based on the evidence collected by the committee, it appears that the path followed by Danny Casolaro in pursuing his investigation into the INSLAW matter brought him in contact with a number of dangerous individuals associated with organized crime and the world of covert intelligence operations. The suspicious circumstances surrounding his death had led some law enforcement professionals and others to believe that his death may not have been suicide. As long s the possibility exists that Danny Casolaro died as a result of his investigation into the INSLAW matter, it is imperative that further investigation be conducted."
The Committee admits that the Justice Department was uncooperative in the investigation, including the possible destruction of missing documents key to the investigation.
The Sentinel series of articles paralleled the investigation of Casolaro, from the Cabazon Indian reservation's manufacturing of weapons for the Contras and the conversion of the PROMIS software and the murder of an Indian leader, to the Nichols' families ties to organized crime, the Bryan connection and the cover-ups. One of the many key sources the Sentinel used was Michael Riconosciuto, the same major source used by Casolaro. When Riconosciuto volunteered to testify before the Congressional Committee he warned that the Justice Department would arrest him. One week after his affidavit to Congressman Brooks Riconosciuto was arrested and has been in jail ever since.
Riconosciuto is currently in Chicago testifying to the special Grand Jury on the INSLAW case.
The Congressional Committee states in its findings:
* The Department ignored INSLAW's data rights to its enhanced version of its PROMIS software and misused its prosecutorial and litigative resources to legitimatize and coverup its misdeeds.
* Several witnesses, including former Attorney General Elliot Richardson, have provided testimony, sworn statements or affidavits linking high level Department officials to a conspiracy to steal INSLAW'S PROMIS software and secretly transfer PROMIS to Dr. Brian.
* The reviews of the INSLAW matter by Congress were hampered by Department tactics designed to conceal many significant documents and otherwise interfere with an independent review.
* The Justice Department continues to improperly use INSLAW's proprietary software in blatant disregard of the findings of two courts and well established property law.
* Further investigation into the circumstances surrounding Daniel Casolaro's death is needed.
* Several key documents subpoenaed by the committee on July 25, 1991, were reported missing or lost by the Department. It was impossible to ascertain how many documents or files were missing because the Department did not have a complete index of the INSLAW material. The Department failed to conduct a formal investigation to determine whether the subpoenaed documents were stolen or "illegally destroyed".
The Congressional report totally supports the lengthy series the Sentinel commenced to publish in March 1991. In fact, no aspect of the Congressional report was overlooked in the Sentinel series, including suspicion about the death of Casolaro, and many areas not covered in the report were in the newspaper series.