Richard Convertino

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Richard Convertino is a former federal prosecutor in Detroit, Michigan. Convertino was the lead Assistant U.S. Attorney in the "Detroit Sleeper Cell" prosecutions of Karim Koubriti and Abdel-Ilah Elmardoudi. [1] However, the U.S. Department of Justice subsequently removed Convertino from his position and asked courts to dismiss those convictions, on the grounds that Convertino had failed to disclose evidence to which the defense was entitled. [2]

Detroit Largest city in Michigan

Detroit is the largest and most populous city in the U.S. state of Michigan, the largest United States city on the United States–Canada border, and the seat of Wayne County. The municipality of Detroit had a 2017 estimated population of 673,104, making it the 23rd-most populous city in the United States. The metropolitan area, known as Metro Detroit, is home to 4.3 million people, making it the second-largest in the Midwest after the Chicago metropolitan area. Regarded as a major cultural center, Detroit is known for its contributions to music and as a repository for art, architecture and design.

Michigan State of the United States of America

Michigan is a state in the Great Lakes and Midwestern regions of the United States. The state's name, Michigan, originates from the Ojibwe word mishigamaa, meaning "large water" or "large lake". With a population of about 10 million, Michigan is the tenth most populous of the 50 United States, with the 11th most extensive total area, and is the largest state by total area east of the Mississippi River. Its capital is Lansing, and its largest city is Detroit. Metro Detroit is among the nation's most populous and largest metropolitan economies.

The Detroit Sleeper Cell is a group of men of Middle-Eastern descent who the United States Department of Justice believed were plotting an attack on Disneyland.

Contents

Overview

Federal charges were laid in the Detroit Sleeper Cell in September 2001, very shortly following the attacks of September 11, 2001. DOJ's prosecution in U.S. v. Koubriti alleged that an apparent holiday video five men made while visiting Disneyland was really a clandestine reconnaissance video, which would allow bomb experts to plan where to plant bombs. As lead prosecutor in the Koubriti case, Convertino argued that the five men were not the Westernized, secular Muslims they seemed. The government argued that they were "Takfiris"—radical jihadists who had a dispensation to drink alcohol, use narcotics and avoid praying, in order to blend into western societies, while secretly plotting clandestine attacks. [3] Doubt was cast on the prosecution's case in U.S. v. Koubriti when it was alleged that the star witness, a member of the group who turned on the others, was a known con artist. Convertino had not disclosed this and other potentially exculpatory evidence to the defense. [1]

Disneyland American theme park in California owned by The Walt Disney Company

Disneyland Park, originally Disneyland, is the first of two theme parks built at the Disneyland Resort in Anaheim, California, opened on July 17, 1955. It is the only theme park designed and built to completion under the direct supervision of Walt Disney. It was originally the only attraction on the property; its official name was changed to Disneyland Park to distinguish it from the expanding complex in the 1990s.

Reconnaissance military exploration beyond the area occupied by friendly forces

In military operations, reconnaissance or scouting is the exploration outside an area occupied by friendly forces to gain information about natural features and other activities in the area.

Exculpatory evidence is evidence favorable to the defendant in a criminal trial that exonerates or tends to exonerate the defendant of guilt. It is the opposite of inculpatory evidence, which tends to present guilt.

On March 29, 2006, the Department of Justice (DOJ) announced criminal indictments for obstruction of justice against Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in Amman, Jordan, who served as a government witness in U.S. v. Koubriti case. [4]

Convertino has alleged that the DOJ disclosed other information to the news media that is protected by the Privacy Act in order to smear or discredit Convertino for his whistleblowing disclosures to the U.S. Senate Finance Committee. [5]

Privacy Act of 1974

The Privacy Act of 1974, a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. A system of records is a group of records under the control of an agency from which information is retrieved by the name of the individual or by some identifier assigned to the individual. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. The Privacy Act prohibits the disclosure of information from a system of records absent of the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. The Act also provides individuals with a means by which to seek access to and amendment of their records and sets forth various agency record-keeping requirements. Additionally, with people granted the right to review what was documented with their name, they are also able to find out if the "records have been disclosed".. and are also given the rights to make corrections.

Prosecuted & Acquitted

Richard Convertino was charged with conspiracy to conceal possibly exculpatory evidence from the defense and lying to a Federal judge. Harry Smith III, formerly a U.S. Department of State investigator who had testified in the terrorism case prosecuted by Richard Convertino, was allegedly part of the conspiracy. Not turning the evidence over to the defense had led, at the government's request, to the court dismissal of the terrorism case prior to the charging of the case's prosecutor for the conspiracy. The jury acquitted the prosecutor and the investigator on October 31, 2007. [6]

Other cases

In 2002, Convertino prosecuted Ed Martin in relation to the University of Michigan basketball scandal. [7]

University of Michigan basketball scandal

The University of Michigan basketball scandal or Ed Martin scandal was a series of National Collegiate Athletic Association (NCAA) rules violations that resulted in a six-year investigation of the relationship between the University of Michigan, its men's basketball program, and basketball team booster Ed Martin. As a result of the investigation, the Wolverine men's basketball program was punished with sanctions. The violations principally involved payments booster Martin made to several players to launder money from an illegal gambling operation. It is one of the largest incidents involving payments to college athletes in American collegiate history. An initial investigation by the school was joined by the NCAA, Big Ten Conference, Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), and the United States Department of Justice (DOJ).

In the Media

On May 30, 2008, radio show This American Life broadcast the Convertino's story, in relation to the conviction and subsequent retraction of U.S. vs. Koubriti. The show is entitled The Prosecutor.

Related Research Articles

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Crown Prosecution Service United Kingdom government non-ministerial department

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Prosecutor supreme representative of the prosecution (of the state)

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Brady disclosure consists of exculpatory or impeaching information and evidence that is material to the guilt or innocence or to the punishment of a defendant. The term comes from the 1963 U.S. Supreme Court case Brady v. Maryland, in which the Supreme Court ruled that suppression by the prosecution of evidence favorable to a defendant who has requested it violates due process.

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References

  1. 1 2 Detroit 'Sleeper Cell' Prosecutor Faces Probe, washingtonpost.com , November 20, 2005
  2. U.S. Asks For Dismissal Of Terrorism Convictions - New York Times
  3. USA v. Karim Kobrouti et al., Findlaw
  4. The article requested can not be found! Please refresh your browser or go back. (C4,20060329,NEWS11,60329007,AR) Archived September 29, 2007, at the Wayback Machine .
  5. Richard Convertino v. Department of Justice
  6. (accessed June 1, 2008) toledoblade.com - Former prosecutor in Detroit terror trial acquitted
  7. Schmitt, Ben (March 23, 2002). "Martin's paper trail turns into evidence". Detroit Free Press. Archived from the original on March 11, 2005. Retrieved September 25, 2013.