Richard Convertino
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Richard Convertino is a former federal prosecutor in Detroit, Michigan. Convertino worked for the U.S. Department of Justice for 16 years and had established an exemplary record as a highly-skilled, effective and experienced trial attorney. One of his most notable cases was that of the "Detroit Sleeper Cell".
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 in to western societies, while secretly plotting clandestine attacks.
Some doubt was cast on the prosecution's case in U.S. v. Koubriti when it was alleged that his star witness, the member of the group who turned on the others, was a known con-artist.
In addition it was alleged that Convertino had held back key evidence from the defense in U.S. v. Koubriti.
However, Convertino obtained the first, and until the guilty plea was entered in U.S. v. Moussaoui in 2005, the only, conviction of a defendant in a terrorism case post-9/11. DOJ did not accept or support the accusations raised by the Koubriti defendants against Convertino until after Convertino appeared as a witness before the U.S. Senate Finance Committee in September 2003 where Convertino disclosed the lack of DOJ support of anti-terrorism prosecutions despite the large Congressional appropriations to DOJ for this purpose post-9/11.
As a direct result of Convertino's providing information to the U.S. Senate Finance Committee about the DOJ's lack of support and waste of government appropriations for anti-terrorism prosecutions DOJ started to raise allegations of misconduct against Convertino which he alleges were made in retaliation by DOJ for his disclosures to Congress.
In a January 17, 2004 article in the Detroit Free Press it was reported that DOJ officials had released the name of a confidential informant and violated a District Court’s Sealing Order related to the sentencing hearing of this confidential informant as part of an effort to argue that Convertino had lied about his contacts with the U.S. Senate. The DOJ's actions in this regard are not only highly unusual but illegal. Convertino has alleged that the sole motive for DOJ officials violating the District Court’s Order was to leak to the news media information that DOJ believed would discredit Convertino's legally protected contacts with members of the United States Senate.
In addition, 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.[1]
During his DOJ career Convertino received commendations for exemplary work on multiple cases, including commendation letters from the United States Attorneys General, the Director of the FBI, and U.S. Attorneys, and others. He was awarded Special Achievement Award for Superior Performance for Outstanding trial performance by then Assistant Attorney General, Robert S Mueller, III, and a commendation from Attorney General William Barr “outstanding contribution to the successful prosecution of BCCI.” He also received two Director’s Award(s) for Superior Performance as an Assistant United States Attorney, five Special Achievement Awards for Special Acts of Service to the Department, an award from the Royal Canadian Mounted Police for Outstanding Services, four Special Commendation Awards, numerous cash awards for meritorious achievement and was nominated by former Assistant Attorney General Mueller for the “John Marshall Award for Trial Litigation.”
Former FBI Director Louis Freeh issued numerous personal commendations to Convertino. Regarding Convertino's handling of a major criminal RICO case, Freeh stated, “Your diligence, perseverance and leadership contributed immeasurably to the favorable outcome." After Convertino obtained the conviction of Detroit La Cosa Nostra members, the FBI Director wrote, “I want to commend your all-out commitment to bringing the defendants to justice, which could be seen from your willingness to endure the hardship of being separated from your family for extended periods. Also, meriting special recognition is your outstanding performance in the courtroom while chairing the prosecutive team. The jury’s decision to find both defendants guilty can certainly be attributed to your superb efforts, in which you have every right to be proud.”
In a handwritten personal note to Convertino, Attorney General Janet Reno wrote: “Congratulations for the great work done under your leadership ... You are an example for other districts! ... I am deeply grateful for the work that you and your colleagues do to make a difference in the lives of so many.”
In Convertino’s DOJ performance reviews he consistently received the highest rating category and was regularly praised for his exceptional trial skills. As stated in his most recent review before leaving DOJ, Convertino's superiors wrote, “quite simply, Rick is one of the best trial attorneys in this Office. His courtroom presence, preparation and willingness to put in 18 hour days make him an exceptional trial attorney. In fact, there is no one for whom I would feel more comfortable with in a major trial. Most importantly, Rick feels that all trials are major. His preparation is outstanding.”
On March 29, 2006, the DOJ announced a criminal indictment of Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in Amman, Jordan, who served as a government witness in the U.S. v. Koubriti case.[2] Convertino and Smith were indicted on charges of obstruction of justice and conspiracy to obstruct justice in the U.S. v. Koubritti. The government's prosecution of Convertino and Smith is unprecedented. There are no known cases where the U.S. government has criminally prosecuted a federal prosecutor for obstruction of justice.
The DOJ's prosecution of Convertino has been denounced as retaliation against Convertino for his whistleblowing.[3] The Richard Convertino Defense Fund web site has information claiming that the Koubriti defendants were in fact linked to terrorism and how the prosecution of Convertino is politically motivated and retaliation for his speaking out to Congress.[4]
On April 21, 2006, the day Convertino and Smith were arraigned, the Associated Press reported that an FBI report casts serious doubt on the DOJ's indictment. [5] According to the AP, the FBI analyzed the photographs that are the centerpiece of the DOJ's prosecution case against Convertino and Smith and the FBI concluded that photographic evidence does in fact match, in significant respects, the sketch that was found in the possession of the Koubriti defendants.[6] If the photographs match the sketch then the DOJ's claim that Convertino and Smith conspired to lie conceal that evidence in the Koubriti case will be seriously undercut.
[edit] Notes
- ^ http://files.findlaw.com/news.findlaw.com/cnn/docs/doj/convertino21304cmp.pdf
- ^ http://www.freep.com/apps/pbcs.dll/article?AID=/20060329/NEWS11/60329007
- ^ http://whistleblowers.org
- ^ http://www.convertino.org
- ^ http://www.chron.com/disp/story.mpl/ap/politics/3810981.html
- ^ http://www.freep.com/apps/pbcs.dll/article?AID=/20060421/NEWS11/604210497
- ↑ Detroit 'Sleeper Cell' Prosecutor Faces Probe, washingtonpost.com, November 20, 2005
- ↑ USA v. Karim Kobrouti et al., Findlaw
- ↑ Detroit 'Sleeper Cell' Prosecutor Faces Probe: Grand Jury Considering Indictment for Misconduct, Washington Post, November 4, 2005
- ↑ Judge throws out terror convictions, USA Today, September 1, 2004
