November 9-21, 2011 - Was Crucial Evidence of the Criminal IT Case Intentionally Destroyed by DuPage Forest Preserve during these Twelve Days?

PART ELEVEN OF COUNTYLEAKS SERIES ON DUPAGE COUNTY FOREST PRESERVE...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine, Part Ten

On Nov. 9, 2o11, an undisclosed subcontractor of  JRM Consulting, Inc. was sent by the Forest Preserve District of DuPage County (FPDDC) to pick up equipment from Alamach Technology, Inc. 

Under contract, Alamach had provided all IT archives, email back-up, and disaster recovery for the FPDDC off-site in compliance with the Federal Regulations on Civil Procedures and the 2002 Homeland Security Act. 

This equipment contained data that would be described as "the most crucial evidence in the case" of Arif Mahmood, former owner of Alamach. Mahmood would later be charged with 37 felony counts in alleged scheme to steal from the FPDDC. Also charged in this case were the District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, each with 142 felony counts.

JRM had been paid $66,000 by the FPDDC in 2011 to conduct a secret internal forensic investigation of its IT department. 

On Dec. 3, 2013, Mahmood's attorney, former federal prosecutor Patrick Collins, filed a motion to dismiss his client's case at the Henry J. Hyde Judicial Office Facility in Wheaton. Collins wrote:

Quite simply, the FPDDC's failure to preserve the most crucial evidence in the case has destroyed any meaningful opportunity Mahmood has to defend himself against the charges alleged. Because of this clear and irreparable violation of Mahmood's right to due process, the Court should dismiss the indictment as to Mahmood.

Citizen watchdogs take it to another level, claiming that the off-site archives may have contained incriminating information of an individual or individuals connected with the FPDDC. This information, they allege, may have been at the heart of the 2011 covert internal investigation. 

Dixon, Illinois Redux? DuPage County Forest Preserve Mocks The Gipper -- Trust, but Don't Verify

PART TEN OF COUNTYLEAKS SERIES ON DUPAGE COUNTY FOREST PRESERVE...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight, Part Nine

The day before the widely-publicized arrests of two former IT employees and a vendor of the Forest Preserve District of DuPage County in September 2012, a vote was taken by the entity's board on the following:

"Whereas the Board of Commissioners have determined that using Wheaton Bank & Trust will enhance the FPDDC's ability to properly, efficiently and timely manage the FPDDC's assets. 

"Whereas The Board of Commissioners of the FPDDC have determined that using Wheaton Bank & Trust as its primary depository and to transfer all of the Forest Preserve District of DuPage County's assets from JP Morgan Chase to Wheaton Bank & Trust." 

Ordinance 12-445 was passed unanimously and quietly. 

The District subsequently moved a reported $250 million to Wheaton Bank & Trust, increasing the bank's total assets by one-third to $761 million. J.P. Morgan Chase, in contrast, has total assets of nearly $2 trillion. No requests for qualifications were sent out to multiple banks.

Forest Preserve Financial Director Jack Hogan reported that the transfer would save $130,000 annually in fees. Citizen watchdogs, however, ask if the decision had more to do with District's ties to the financial institution. 

In June 2012, less than three months prior to the transfer, the Board approved a three-member evaluation committee to seek bids on an outside consultant to study the entire operation of the District. One of three selected to serve on the committee was Robert Hutchinson, president of Wheaton Bank & Trust and a board member of The Conservation Foundation, headquartered in Naperville. Hutchinson was president of Wheaton Bank & Trust from 2006 until last year.  The evaluation committee did not meet in open and did not keep minutes of their meetings. 

Last year, the District created its first Ethics Commission. Among the three members is Jim Carr, former mayor of Wheaton and a 2010 candidate for the Forest Preserve Board. Carr serves on the Board of Directors of Wheaton Bank & Trust, holding the District's assets.

Watchdogs also question the exact amount of the cash assets, as no detailed monthly financial reports are submitted to the Board. The most recent monthly report of the District was a single page. The Illinois Municipal Code mandates:

"At the end of every month, and oftener if required by the corporate authorities, the municipal treasurer shall render an account under oath to the corporate authorities or to an officer designated by ordinance showing the state of the treasury at the date of the account and the balance of money in the treasury. 

"The treasurer shall accompany the account with a statement of all money received into the treasury, and on what account together with all warrants redeemed and paid by the treasurer." 

DuPage Forest Preserve Commissioner Marsha Murphy was named the Board's treasurer in 2008. 

From 2004 to 2007, Mark Kauffman, often referred to as "Mark the Barber", held the position of treasurer. 

The Chicago Tribune described him: Kauffman is the owner of Sheridan's Barber Shop, in downtown Wheaton, where customers include many of the county's politicians and judges. The shop has developed a reputation over the years as a place for political talk as well as trims and snips.

The Daily Herald described him: Most days of the week, Mark Kauffman holds court in his Wheaton barber shop, joking with customers and taking a little off the top. On Mondays, as DuPage County Forest Preserve District treasurer, he handles finances for a government with a $175 million annual budget and $285 million in investments representing 913,000 people. It's an odd juxtaposition, but one forest preserve President Dewey Pierotti likes.

Round 1: DuPage County State's Attorney Bob Berlin on the Ropes -- Former Federal Prosecutor Patrick Collins Files Motion to Dismiss All Charges

PART NINE OF COUNTYLEAKS SERIES ON DUPAGE FOREST PRESERVE TECH CRIMINAL CASE...

Part One, Part Two, Part Three, Part Four, Part Five, Part Six, Part Seven, Part Eight

Former federal prosecutor Patrick Collins has filed a motion at the Henry J. Hyde Judicial Office Facility of Wheaton to dismiss the case against Arif Mahmood for his alleged involvement in a scheme of stealing $150,000 from the Forest Preserve District of DuPage County (FPDDC).

In November 2012, the District's former director of its IT department, Mark McDonald, and the department manager, David Tepper, were each indicted with 140 felony counts, while Mahmood, who worked for Alamach Technology, Inc., an IT vendor for the District, was charged with 37 counts, in the alleged theft scheme.

In an eight-page memorandum, Collins requested the Court to dismiss the case due to apparent failure to preserve "crucial evidence" for his client "to defend himself against the charges alleged".

Excerpts from the memorandum:

Pursuant to a written agreement with the FPDDC, Mahmood reluctantly complied and (he understood, temporarily) turned over all the computer equipment, and its fruits, to the FPDDC. The FPDDC, through its agents and its computer expert, hand-picked by the president of the FPDDC, took possession of the computer equipment in furtherance of the pending law enforcement investigation. 

Stunningly, and as recently acknowledged by the FPDDC, neither the FPDDC, its expert, nor law enforcement took any steps to preserve the equipment, nor did any of them make a mirror image of equipment so that it could be utilized for the criminal case.

(Scroll to end of article to read entire motion)

The response by the FPDDC was quite disturbing: at a basic level, even after multiple inquiries, the FPDDC has been unable to confirm that they possess the computer equipment that was seized from Mahmood. Second, contrary to basic forensic procedures, the FPDDC has acknowledged that none of the computer devices were preserved and no forensic images or backups were made. Finally, after a forensic assessment by Mahmood's expert of certain computer equipment that may be the computer equipment at issue, it appears that all the equipment at issue was put back in service by the FPDDC, thereby destroying any possibility of analyzing what Alamach, and its subcontractor, did under the terms of the contracts. 

As a result of the FPDDC's actions and inactions, the computer equipment has been irretrievably tainted for use in this criminal proceeding.

Quite simply, the FPDDC's failure to preserve the most crucial evidence in the case has destroyed any meaningful opportunity Mahmood has to defend himself against the charges alleged. Because of this clear and irreparable violation of Mahmood's right to due process, the Court should dismiss the indictment as to Mahmood.

At a Dec. 6th hearing, DuPage County Judge Blanche Hill Fawell ordered the state to respond to Collins' motion by Jan. 24th.