FC: Letter from DOJ to good samaritan who noted web security hole

From: Declan McCullagh (declanat_private)
Date: Mon Aug 20 2001 - 15:19:27 PDT

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    Full listing of Brian West case files:
    
       http://www.bkw.org/pdf/
    
    From: http://www.bkw.org/pdf/usdoj-letter.txt
    
    BKW: (NOTICE: Any spelling errors would be mine.. I think
    I have it exactly as it was sent to me.  I will have it in PDF
    format when I nerves are better!)
    
    U.S. Department of Justice
    
    United States Attorney
    Eastern District of Oklahoma
    1200 West Okmulgee
    Muskogee, Oklahoma 74401
    (918) 684-5100
    Main Fax (918) 684-5130
    Criminal Fax (918) 684-5150
    
    August 14, 2001
    
    Brian West
    714 E. Osage
    McAlester, OK 74501
    Fax: 918-967-2859
    VIA FAX
    
    Dear Mr. West:
    
             This letter is sent pursuant to our conversation of yesterday.
    You indicated to me that you are currently unrepresented in this
    matter.  If that is untrue, or if you eventually obtain representation,
    please have your attorney contact me as soon as possible.
    
             You are incited to appear before the Grand jury on about
    September 5, 2001 to answer questions regarding your involvment
    in alleged illegal activity.  Whether or not you decided to appear
    before the grand jury is completely up to you.  Please let me know
    as soon as possible, but by no later than August 24, 2001, in
    writing, whether or not you desire to appear before the grand jury,
    and the invitation will be withdrawn.  Futhermore, it is prudent that
    all of our communications occur in writing, so please note I will
    henceforth decline to speak with you on the telephone.
    
             Pursuant to Department of Justice Policy, the folling advice
    of rights is provided for your information:
    
                                     ADVICE OF RIGHTS
    
             1.  The grand jury for the Easter District of Oklahoma is
    conducting an investigation of possible violations of Federal
    Criminal Law innvolving a violation of Title 18, United States
    Code, Section 1030, and other violations.  You are the target
    of this investigation.
    
             2.  You may refuse to answer any questions if a truthful
    answer to the question would tend to incriminate you.
    
             3.  Anything that you do or say may be used against you
    by the Grand Jury or in subsequent legal proceeding.
    
             4.  If you have retained counsel, the Grand Jury will premit
    you a reasonable opportunity to step outside the Grand Jury
    room to consult with counsel if you so desire.
    
             Whether to retain an attorney is entirely your decission;
    however, I must emphasize that this is a serious matter.
    The advice of an attorney may be of great assistance.  If you
    do retain an attorney, please advise me of that fact soon as
    possible.
    
             Also the government would be willing to resolve this matter
    at this juncture if you agreed to plead guilty to one violation of
    Title 18, United States Code, Section 1030.  As part of the
    agreement the government would stipulate that your sentence
    should be probation.  Please let me know, in writing, as soon
    as possible, whether or not you wish to resolve this matter
    pursuant to plea agreement.
    
             If you have any questions, please do not hesitate to call
    FBI Special Agent Gary Graff.  I believe a prompt resolution
    of this matter is in everyone's best interest.
    
    
    Sincerly yours,
    SHELDON J. SPERLING
    United States Attorney
    
    (Signed Jeff Gallant)
    ----------------------------
    JEFF GALLANT
    Assistant United States Attorney
    
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