Carmen Ortiz

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Ortiz's office prosecuted computer programmer and Internet activist Aaron Swartz. In 2011, Swartz was arrested for unauthorized, bulk downloading of free articles from internet archive JSTOR, in violation of the JSTOR's terms of use. [28] [29] [30] In a 2011 press release announcing Swartz's indictment on federal charges, Ortiz said "Stealing is stealing whether you use a computer command or a crowbar, and whether you take documents, data or dollars. It is equally harmful to the victim whether you sell what you have stolen or give it away." [31] After state prosecutors dropped their charges, federal prosecutors filed a superseding indictment adding nine more felony counts, which increased Swartz's maximum criminal exposure to 50 years of imprisonment and $1 million in fines.

The prosecution brought by Ortiz involved what was characterized by numerous critics, such as former White House Counsel John Dean, as "overcharging" and "overzealous" prosecution for the alleged computer crimes. [32] [33]

In all, prosecutors charged Swartz with 13 felony counts, despite the fact that both MIT and JSTOR had chosen not to pursue civil litigation; he faced 30 years of imprisonment. [34] Swartz died by suicide on January 11, 2013, [35] [36] before the case came to trial. More than 60,000 people petitioned the White House to remove Ortiz from office for "overreach." [37] [38] [39] [40] On January 15, 2013, following his suicide, all charges against Swartz were dropped. [35] [36] The next day, Ortiz issued a statement saying that her office had never intended to seek maximum penalties against Aaron Swartz, despite their public statements indicating they would do so, directly leading to his suicide. [41]

However, the same day, Ortiz's husband, IBM executive Tom Dolan, scolded the Swartz family for issuing a statement criticizing the prosecutors and MIT. He rationalized: "Truly incredible that in their own son's obit, they blame others for his death and make no mention of the 6-month offer." [42] Esquire writer Charlie Pierce replied, "the glibness with which her husband and her defenders toss off a 'mere' six months in federal prison, low-security or not, is a further indication that something is seriously out of whack with the way our prosecutors think these days." [43]

Massachusetts Lawyers Weekly published an op-ed piece by Massachusetts criminal defense attorney Harvey Silverglate about the case. He said attorneys familiar with the case had told him the Middlesex County District Attorney's office had planned for Swartz's case to be "continued without a finding, with Swartz duly admonished and then returned to civil society to continue his pioneering electronic work in a less legally questionable manner." [44] [45] "Under such a disposition," Silverglate later told CNET's Declan McCullagh, "the charge is held in abeyance ("continued") without any verdict ("without a finding"). The defendant is on probation for a period of a few months up to maybe a couple of years at the most; if the defendant does not get into further legal trouble, the charge is dismissed, and the defendant has no criminal record. This is what the lawyers expected to happen when Swartz was arrested. But then the feds took over...." [45] "Tragedy intervened," Silverglate wrote, "when Ortiz's office took over the case to send 'a message'." [44]

Boston's WBUR reported in February 2013 that Ortiz was expected to testify before the House Committee on Oversight and Government Reform's probe into the handling of the Aaron Swartz case. [32] [ needs update ] The Department of Justice gave a private briefing about the case to the House Committee, and subsequently, in March 2013, Attorney General Eric Holder defended Ortiz's aggressive prosecution before the Senate Judiciary Committee, terming it "a good use of prosecutorial discretion." [46]

In January 2015, two years after Swartz's death, the White House declined to act on the petition to remove Ortiz from office. [47]

Motel Caswell confiscation case

Ortiz's office sought to confiscate the Motel Caswell in Tewksbury, Massachusetts from its owner, Russ Caswell. Prosecutors contended that, despite the fact that Caswell himself had never been charged with any crime, his property was subject to civil forfeiture as a long-term site of criminal activity. Ortiz's spokeswoman said "The government believed that this was an important case, not only for the town of Tewksbury, which has been plagued for decades by the criminal activity at Motel Caswell, but because of the important deterrent message it sends to others who may turn a blind eye to crime occurring at their place of business." The property had been the location of 15 drug crimes between 1994 and 2008, which Caswell said is small considering that he rents about 14,000 rooms per year. [48] [49] [50] [51] Caswell was represented by the Institute for Justice, a non-profit libertarian public interest law firm that frequently intervenes in asset forfeiture cases. [52]

On January 24, 2013, U.S. Magistrate Judge Judith Dein sided with Caswell. [53] [54] In a written decision, Dein dismissed the government's forfeiture action, ruling that Caswell, "who was trying to eke out an income from a business located in a drug-infested area that posed great risks to the safety of him and his family, took all reasonable steps to prevent crime. The Government’s resolution of the crime problem should not be to simply take his Property." [55] In the ruling, the court criticized the prosecution for "stretching the evidence" and engaging in "gross exaggeration." [56] [57]

After considering an appeal, [58] her office announced that in March 2013 that they would not pursue the matter further. [59]

Boston Marathon bombings

Ortiz's office led the investigation into the Boston Marathon bombing. [60] On June 27, 2013, Ortiz unveiled a grand jury's 30-count indictment against suspect Dzhokhar Tsarnaev. [61] On July 10, 2013, Tsarnaev pleaded not guilty to all charges. [62]

On August 8, 2013, two of Tsarnaev's friends were indicted on federal obstruction of justice charges. [63] Another Ortiz prosecution, this time of Tamerlan's friend Khairullozhon Matanov who pleaded guilty rather than face 20 years in prison, has been described as overzealous. [64]

Martin Gottesfeld case

In 2017 Ortiz was prosecuting Gottesfeld under the Computer Fraud and Abuse Act for taking the Boston Children's Hospital website down during an online donation drive to protest the hospital's treatment of Justina Pelletier. [65] [66] [67] Pelletier was taken from her family by the hospital under a controversial Massachusetts law. [68] [69] [70]

Martin Gottesfeld claimed responsibility for an attack by Anonymous that prevented the Boston Children's Hospital (and other treatment facilities) from receiving donations for limited period of time with denial-of-service attacks that briefly prevented access to a public website or server. [71] He has been held for trial since February 2016 and had reported that he was on a hunger strike and claimed that he had been put in solitary confinement as punishment for the hunger strike. [72] [73]

Teamsters picketing case

In 2014, Ortiz prosecuted 5 Teamsters activists for picketing the Bravo Network show Top Chef for extortion and racketeering in response to their picketing the show for not hiring union drivers. [74]

Four of the five charged were acquitted, with the remaining member pleading guilty to lesser charges. [75]

Recognition

In 2011, the Boston Globe named her "Bostonian of the Year" for her prosecution of "corruption and white-collar crime". [76] Boston magazine labeled her the third most powerful person in Boston in 2012 for her successful corruption prosecutions of former Speaker of the Massachusetts House of Representatives Salvatore DiMasi, former state Senator Dianne Wilkerson, and former Boston City Councilor Chuck Turner. [77]

Personal life

Ortiz has two daughters and is married to IBM executive Thomas J. Dolan; her first husband, Michael Vittorio Morisi, died in 2000. [78]

Ortiz reportedly considered a campaign for Governor of Massachusetts, but she denied interest in such a run. [79] This decision also came on the heels of the unpopular Swartz prosecution, with other critics describing Ortiz's professional record as marked by a "hands-off leadership style" and "overzealousness." [80]

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References

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  2. 1 2 "President Obama Nominates Michael Moore, Carmen Ortiz and Edward Tarver to be US Attorneys". whitehouse.gov . September 18, 2009. Retrieved January 14, 2013– via National Archives.
  3. ↑ Vennochi, Joan (June 23, 2011). "Power hitter". The Boston Globe. Retrieved January 14, 2013.
  4. ↑ Valencia, Milton J. (December 21, 2016). "US Attorney Carmen Ortiz announces resignation". Boston Globe . Retrieved December 21, 2016.
  5. ↑ Terrero, Nina (March 1, 2012). "Celebrating Women: Massachusetts U.S. Attorney Carmen Ortiz". NBC Latino. Archived from the original on February 20, 2016. Retrieved January 17, 2013.
  6. 1 2 Lambert, Lane (February 5, 2010). "Q&A: New US Attorney Carmen Ortiz on her life and career". The Patriot Ledger. Retrieved January 17, 2013.
  7. ↑ Helman, Scott (December 30, 2011). "Bostonian of the Year: Carmen Ortiz". Boston Globe. Retrieved January 17, 2013.
  8. ↑ Day, Michael (January 15, 2013). "Aaron Swartz's Unbending Prosecutors Insisted on Prison Time". Daily Beast. Retrieved January 17, 2013.
  9. 1 2 3 Saltzman, Jonathan (November 6, 2009). "Carmen Ortiz confirmed as US attorney for Massachusetts". The Boston Globe. Retrieved January 20, 2013.
  10. 1 2 "Meet the U.S. Attorney". US Attorney's Office - District of Massachusetts. Retrieved January 14, 2013.
  11. ↑ Chesto, Jon (September 28, 2017). "Law firm stands behind Carmen Ortiz hiring". The Boston Globe .
  12. ↑ Chesto, Jon (December 9, 2019). "Ex-US attorney joins law firm". The Boston Globe .
  13. ↑ Daly, Michael (January 15, 2013), "Aaron Swartz's Unbending Prosecutors Insisted on Prison Time", The Daily Beast, retrieved January 17, 2013
  14. ↑ "U.S. Attorney's Office Takes Heat From Judges". WBUR and Massachusetts Lawyers Weekly. January 20, 2013.
  15. ↑ "Maryland U.S. Attorney Wouldn't Sign Indictment of GSK Counsel". Main Justice. June 20, 2011. Archived from the original on June 2, 2013. Retrieved April 20, 2013.
  16. ↑ http://lawprofessors.typepad.com/files/110510stevens.pdf [ bare URL PDF ]
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  18. ↑ Andrea Estes; Scott Allen; Milton J. Valencia (March 23, 2012). "3 indicted in ongoing Probation Department probe". The Boston Globe. Retrieved January 21, 2013.
  19. ↑ "2 Indian Americans Amit Kanodia, Iftikar Ahmed charged in $1.1 million insider trading scheme". April 7, 2015.
  20. ↑ Janelle Lawrence; Chris Dolmetsch (July 6, 2011). "James "Whitey" Bulger Pleads Not Guilty to 48 Charges in Boston Court". Bloomberg. Retrieved September 30, 2011. James "Whitey" Bulger, the Boston mobster arrested in California last month after 16 years on the run, pleaded not guilty to 48 charges including racketeering, extortion, money laundering, obstruction of justice, perjury and weapons violations.
  21. ↑ "Girlfriend gets 8 years for hiding 'Whitey' Bulger". CNN. June 12, 2012. Archived from the original on November 17, 2015.
  22. ↑ Crimaldi, Laura (April 12, 2012). "US man sentenced in plot to help al-Qaida". The Daily Star (Lebanon). Archived from the original on January 13, 2015. Retrieved January 12, 2015.
  23. ↑ Ariosto, David (April 12, 2012). "Man gets 17½-year prison term in Massachusetts terror case". CNN. Retrieved April 17, 2012.
  24. ↑ Fumbling feds say wrong man may have been nabbed
  25. ↑ Bad Week For Carmen Ortiz: Admits To Botched Gang Arrest As Congress Kicks Off Swartz Investigation
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  27. ↑ "USCA1 Opinion". Ca1.uscourts.gov. February 2, 2004. Archived from the original on March 31, 2013. Retrieved April 20, 2013.
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  29. ↑ "Police Log". The Tech . Massachusetts Institute of Technology. February 18, 2011. Archived from the original on January 15, 2013. Retrieved January 17, 2013.
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  31. ↑ US Attorney's Office District of Massachusetts (July 19, 2011). "Alleged Hacker Charged With Stealing Over Four Million Documents from MIT Network". Press release. Archived from the original on May 26, 2012. Retrieved January 17, 2013.
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  33. ↑ "Dealing With Aaron Swartz in the Nixonian Tradition: Overzealous Overcharging Leads to a Tragic Result", Justia, John Dean, January 25, 2013. Retrieved May 26, 2014.
  34. ↑ Carter, Zach; Ryan Grim; Ryan J. Reilly (January 14, 2013). "Carmen Ortiz, U.S. Attorney, Under Fire Over Suicide Of Internet Pioneer Aaron Swartz". The Huffington Post . Retrieved January 15, 2013.
  35. 1 2 Kennedy, Dan (January 13, 2012). "Aaron Swartz, Carmen Ortiz and the American System of Justice". The Huffington Post . Retrieved January 14, 2013.
  36. 1 2 Carter, Zach; Grim, Ryan; Reilly, Ryan J. (January 14, 2013). "Carmen Ortiz, U.S. Attorney, Under Fire Over Suicide Of Internet Pioneer Aaron Swartz". The Huffington Post . Retrieved January 15, 2013.
  37. ↑ White House Must Respond to Petition to Remove U.S. Attorney in Aaron Swartz Case
  38. ↑ Aaron Swartz' Death Fuels MIT Probe, White House Petition to Oust Prosecutor - ABC News
  39. ↑ Tsukayama, Hayley (January 15, 2013). "Technology". The Washington Post.
  40. ↑ Petition Against Aaron Swartz Prosecutor - Business Insider
  41. ↑ Palazzolo, Joe (January 17, 2013). "US Attorney Statement on the Prosecution of Aaron Swartz". The Wall Street Journal. Retrieved January 27, 2013.
  42. ↑ Murphey, Shelly, US attorney's husband stirs Twitter storm on Swartz case, The Boston Globe , January 16, 2013.. Retrieved January 17, 2013.
  43. ↑ Pierce, Charles P. (January 17, 2013). "Still More About The Death Of Aaron Swartz", Esquire . Retrieved January 18, 2013.
  44. 1 2 Silverglate, Harvey (January 23, 2013). "The Swartz suicide and the sick culture of the DOJ". Massachusetts Lawyers Weekly. Archived from the original on January 29, 2013. Retrieved February 5, 2013. Lawyers familiar with the case have told [Attorney Silverglate] that it was anticipated that the state charge would be continued without a finding ….
  45. 1 2 "Swartz didn't face prison until feds took over case, report says". CNET News. January 25, 2013.
  46. ↑ Holder defends Swartz prosecution, Boston Globe, David Umberti, March 7, 2013. Retrieved May 16, 2014.
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  52. ↑ "Massachusetts Forfeiture".
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  60. ↑ Ross Kerber; Hilary Russ (April 21, 2013). "Boston Marathon case prosecutor known for aggressive record". Reuters. Archived from the original on July 2, 2013. Retrieved August 10, 2013.
  61. ↑ Ring, Dan (June 27, 2013). "Boston Marathon bombing suspect faces 30-count indictment". The Republican. Retrieved August 10, 2013.
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  64. ↑ Zalkind, Sarah (March 26, 2015). "The FBI Is Trying to Destroy My Life". The Daily Beast. Retrieved March 26, 2015.
  65. ↑ Martin Gottesfeld, Anonymous hacktivist, charged over hospital DDoS attacks - The Washington Times
  66. ↑ Anonymous hacker begins second week of hunger strike in prison | Newsweek
  67. ↑ The Successful Hospital Cyber Attack That Hurt No One And Helped Save This Girl | Huffington Post
  68. ↑ Why I Knocked Boston Children’s Hospital Off The Internet: A Statement From Martin Gottesfeld | Huffington Post
  69. ↑ Family of Justina Pelletier sues Boston Children’s Hospital | Boston.com
  70. ↑ Parents of Justina Pelletier sue Boston Children’s Hospital | Boston Globe
  71. ↑ Post, Ryan Grim Washington bureau chief for The Huffington (September 18, 2016). "Why I Knocked Boston Children's Hospital Off The Internet". The Huffington Post. Retrieved January 14, 2017.
  72. ↑ Intern, Emily Tate Politics; Post, The Huffington (October 21, 2016). "Hacker Activist Continues 18-Day Hunger Strike, Despite New Felony Charges". The Huffington Post. Retrieved January 14, 2017.
  73. ↑ Reporter, Matt Ferner National; Post, The Huffington Post Ryan Grim Washington bureau chief for The Huffington (November 21, 2016). "Jailed Activist Hacker Says He's Being Punished For His Hunger Strike". The Huffington Post. Retrieved January 14, 2017.
  74. ↑ Reporters, Shelley Murphy, John R. Ellement. "Fifth Teamsters member arrested in 'Top Chef' case". Boston.com. Retrieved February 15, 2021.{{cite web}}: CS1 maint: multiple names: authors list (link)
  75. ↑ Reporter, Nate Raymond (August 16, 2017). "Four Boston Teamsters acquitted of 'Top Chef' extortion plot". reuters.com. Retrieved February 15, 2021.
  76. ↑ Helman, Scott (December 30, 2011). "Bostonian of the Year: Carmen Ortiz - The Boston Globe". Boston Globe . Retrieved January 14, 2013.
  77. ↑ "The 50 Most Powerful People in Boston". Boston magazine . March 2012. Archived from the original on February 11, 2013. Retrieved January 15, 2013.
  78. ↑ Valencia, Milton J. (July 25, 2011). "For US attorney, Bulger trial is latest high-profile case". The Boston Globe. Retrieved January 15, 2013.
  79. ↑ Zaremba, John (January 4, 2013). "Carmen Ortiz rules out gov, Senate run". Boston Herald . Retrieved January 14, 2013.
  80. ↑ Boeri, David; Frank, David (February 20, 2013). "Ortiz Under Fire: Critics Say Swartz Tragedy Is Evidence Of Troublesome Pattern". WBUR . Retrieved March 26, 2015.
Carmen Ortiz
Carmen M. Ortiz.jpg
Official portrait, 2009
United States Attorney for the District of Massachusetts
In office
November 6, 2009 –January 14, 2017
Legal offices
Preceded by U.S. Attorney for the United States District Court for the District of Massachusetts
2009–2017		Succeeded by
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