Date: Fri, 14 Aug, 1992 19:52:31 PDT From: pinknoiz@well.sf.ca.us Subject: File 8--Special Investigator Requested for Inslaw (Press Release) One Hundred Second Congress Congress of the United States U.S. House of Representatives Committee on the Judiciary Washington, D.C. 20515 For Immediate Release August 11, 1992 NEWS RELEASE JUDICIARY COMMITTEE REPORT CALLS FOR INDEPENDENT COUNSEL TO INVESTIGATE THE INSLAW CONTROVERSY By a vote of 21 to 13, the House Committee on the Judiciary today voted to adopt an investigative report entitled, "The INSLAW Affair." This report recommends that Attorney General Barr seek the appointment of an Independent Counsel to investigate potential criminal conduct of current and former Justice officials involved in an alleged conspiracy to steal the PROMIS software system from INSLAW, Inc. Congressman Jack Brooks (D-Tex.), Chairman of the full Committee, stated, "This report culminates the Committee's three-year investigation into serious allegations that high-level Department of Justice officials were involved in a criminal conspiracy to force INSLAW, a small computer company, out of business and steal its primary asset -- a software system called PROMIS. While the Department continues to attempt to describe its conflict with INSLAW as a simple contract dispute that has been blown out of proportion by the media, the Committee's investigation has uncovered information which suggests a much different, disturbing conclusion." In March 1982, the Justice Department awarded INSLAW, Inc., a $10 million, three year contract to implement a case management software system called PROMIS at 94 U.S. Attorney's offices across the country and U.S. territories. While PROMIS could have gone a long way toward correcting the Department's long- standing need for a standardized case management system, the contract between INSLAW and Justice quickly became embroiled in bitterness and controversy which has lasted for almost a decade. The report concludes that there appears to be strong evidence, as indicated by the findings of two Federal court proceedings, as well as by the Committee investigation, that the Department of Justice "acted willfully and fraudulently," and "took, converted and stole" INSLAW's Enhanced PROMIS by "trickery, fraud and deceit." The report finds that these actions against INSLAW were implemented through the Project Manager from the beginning of the contract and under the direction of high-level Justice Department officials. The evidence presented in the report demonstrates that high-level Department officials deliberately ignored INSLAW's proprietary rights and misappropriated its PROMIS software for use at locations not covered under contract with the company. Justice then proceeded to challenge INSLAW's claims in court even though its own internal deliberations had concluded that these claims were valid and that the Department would most likely lose in court on this issue. Brooks stated, "After almost seven years of litigation and $1 million in cost to the taxpayer, the Department is still trying to avoid accountability for the actions it took against INSLAW. It is time for Justice to recognize its mistakes and cut its losses and restore its moral standing as an enforcement agency, which is just as committed to living by the law as any other citizen." According to the report, the second phase of the Committee's investigation concentrated on the allegations that high-level officials at the Department of Justice conspired to drive INSLAW into insolvency and steal PROMIS. In this regard, the report states that several individuals testified under oath that INSLAW's PROMIS software was stolen and distributed internationally in order to provide financial gain to associates of Justice Department officials and to further intelligence and foreign policy objectives of the United States. Additional corroborating evidence was uncovered by the Committee which substantiated to varying degrees the information provided by these individuals. Brooks stated, "It is unfortunate that the Department chose not to conduct a thorough investigation into INSLAW's allegations of criminal wrongdoing by high-level government officials. Although they were faced with a growing body of evidence that serious wrongdoing had occurred which reached to the highest levels of the Department, both Attorneys General Meese and Thornburgh blocked or restricted Congressional inquiries into this matter and in the case of Attorney General Thornburgh ignored the findings of two Federal courts and refused to seek the appointment of an Independent Counsel." The report recommends that Attorney General Barr immediately settle INSLAW's claims in a fair and equitable manner. The Committee report also strongly recommends that the Department seek the appointment of an Independent Counsel in accordance with 28 USC $$591-599 to conduct a comprehensive investigation of the INSLAW allegations of a high level conspiracy within the Justice Department to steal and distribute the Enhanced PROMIS software. According to the report, the investigation should: (1) ascertain whether there was a strategy by former Attorneys General and other Department officials to obstruct this and other investigations through employee harassment and denial of access to Department records; (2) determine whether current and former Justice Department officials and others involved in the INSLAW affair resorted to perjury and obstruction in order to cover-up their misdeeds; (3) determine whether the documents subpoenaed by the Committee and reported missing by the Department were stolen or illegally destroyed; and, (4) determine if private sector individuals participated in (a) the alleged conspiracy to steal INSLAW's PROMIS software and distribute it to various locations domestically and overseas, and (b) the alleged cover-up of this conspiracy through perjury and obstruction. Finally, the Committee report recommends that the Independent Counsel investigate the mysterious death of reporter, Daniel Casolaro, who died while conducting an investigation of the INSLAW matter. The report notes that the suspicious circumstances surrounding his death have led some law enforcement professionals and others to believe that his death may not have been a suicide. Brooks concluded: "The conduct of the Department in the INSLAW affair has resulted in an erosion of the public's trust in the organization charged with enforcing our Nation's laws. In order to restore the public's confidence in the Department of Justice, there must be a full and open investigation into this matter. However, I'm skeptical that without the appointment of an individual to conduct this investigation who is not under the direct control of the Attorney General, this matter will ever be fully resolved." ------------------------------ From: ccb@MACBETH.UMD.EDU(Chrome Cboy) Downloaded From P-80 International Information Systems 304-744-2253