3 April 2003
See related threats for posting this document elsewhere:
http://cryptome.org/threats/01-13-03complaint.pdfhttp://cryptome.org/threats/01-14-03AUPnotice.pdf
[AKA: Frank Jones, Martin Moran, SpyKing, The Codex, Codex
Data Systems, Avid Electronics,
Codex Publishing, Technical Services Agency, Surveillance Van Corporation,
Tactical Research Devices, TRD, Scientific Safeguards, Surveillance Corporation
of America, Lady Spy, "The Spy Shop", Spy World, PC Phone Home,
PCPH, DIRT, HOPE, Key Katcher, Brigadoon Software, and many others]
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA FRANK JONES, Defendant ORDER 97 Cr. 487 IT IS HEREBY ORDERED that Indictment 97 Cr. 487, which was sealed on May 16, 1997, by order of an United States Magistrate Judge for the Southern District of New York, be unsealed. Dated: July 9, 1997 THEODORE H. KATZ United States Magistrate Judge
**************************************** Form No. USA-33s-274 (Ed. 9-25-58) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA FRANK JONES, Defendant INDICTMENT (Title 18, U.S.C. ¤¤ 371, 2512 & 2.) MARY JO WHITE United States Attorney **************************************** UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA v FRANK JONES, Defendant COUNT ONE The Grand Jury charges: Conspiracy 1 From in or about January 1992, up to and including in or about May 1992, in the Southern District of New York and elsewhere, FRANK JONES, the defendant, and others known and unknown to the Grand Jury, unlawfully, willfully, intentionally and knowingly did combine, conspire, confederate and agree together and with each other to commit offenses against the United States, to wit, violations of Title 18, United States Code, Sections 2511(1)(a), 2511(1)(b), 2511(4)(a), 2512(1)(a) and 2512(1)(b). 2. It was a part and object of the conspiracy that FRANK JONES, the defendant, and others known and unknown to the Grand Jury, unlawfully, intentionally and knowingly would and did send through the mail, and send and carry in interstate and foreign commerce, electronic, mechanical and other devices, to wit, wiretapping and bugging devices, knowing and having reason to know that the design of said devices rendered them primarily useful for the purpose of the surreptitious interception of wire, oral and electronic communications, in violation of Section 2512(1)(a) of Title 18, United States Code. 3.It was a further part and object of the conspiracy that FRANK JONES, the defendant, and others known and unknown to the Grand Jury, unlawfully, intentionally and knowingly would and did manufacture, assemble, possess and sell electronic, mechanical and other devices, to wit, wiretapping and bugging devices, knowing and having reason to know that the design of said devices rendered them primarily useful for the purpose of the surreptitious interception of wire, oral and electronic communications, and that said devices and components thereof had been and would be sent through the mail and transported in interstate and foreign commerce, in violation of Section 2512(1)(b) of Title 18, United States Code. 4.It was a further part and object of the conspiracy that FRANK JONES, the defendant, and others known and unknown to the Grand Jury, unlawfully, intentionally and knowingly would and did intercept and endeavor to intercept any wire, oral and electronic communication, in violation of Title 18, United States Code, Sections 2511(1)(a) and 2511(4)(a). 5. It was a further part and object of the conspiracy that FRANK JONES, the defendant, and others known and unknown to the Grand Jury, unlawfully, intentionally and knowingly would and did use and endeavor to use electronic, mechanical and other devices, to wit, wiretapping and bugging devices, to intercept oral communications when (i) said devices were affixed to, and otherwise transmit signals through, wire, cable and other like connection used in wire communications; (ii) said devices transmitted communications by radio; and (iii) said entity and persons knew, and had reason to know, that said devices and components thereof have been sent through the mail and transported in interstate and foreign commerce, in violation of Title 18, United States Code, Sections 2511(1)(b) and 2511(4)(a). 6. In furtherance of the conspiracy and to effect the illegal objects thereof, FRANK JONES, the defendant, and others known and unknown to the Grand Jury, committed the following overt acts, among others, in the Southern District of New York and elsewhere
b. On or about January 3, 1992, FRANK JONES purchased six bugging devices and three receiving devices from Spy Factory.
c. On or about January 10, 1992, FRANK JONES purchased two bugging devices and two receiving devices from Spy Factory.
d. On or about January 17, 1992, FRANK JONES purchased four bugging devices and three receiving devices from Spy Factory.
e. On or about February 25, 1992, FRANK JONES purchased one bugging device and one receiving device from Spy Factory.
f. On or about April 27, 1992, FRANK JONES purchased one wiretapping device from Spy Factory.
g. On or about May 8, 1992, FRANK JONES purchased one wiretapping device and one receiving device from Spy Factory.
h. On or about May 20, 1992, FRANK JONES purchased one bugging device and one receiving device from Spy Factory.
(Title 18, United States Code, Section 371.)
**************************************** Advice of Penalties and Sanctions TO THE DEFENDANT: YOU ARE ADVISED OF THE FOLLOWING PENALTIES AND SANCTIONS: A violation of any of the foregoing conditions of release may result in the immediate issuance of a warrant for your arrest, a revocation of release, an order of detention, and a prosecution for contempt of court and could result in a term of imprisonment, a fine, or both. The commission of a Federal offense while on pretrial release will result in an additional sentence of a term of imprisonment of not more than ten years, if the offense is a felony; or a term of imprisonment of not more than one year, if the offense is a misdemeanor. This sentence shall be in addition to any other sentence. Federal law makes it a crime punishable by up to 10 years of imprisonment, and a $250,000 fine or both to obstruct a criminal investigation. It is a crime punishable by up to ten years of imprisonment, and a $250,000 fine or both to tamper with a witness, victim or informant; to retaliate or attempt to retaliate against a witness, victim or informant; or to intimidate or attempt to intimidate a witness, victim, juror, informant, or officer of the court. The penalties for tampering, retaliation, or intimidation are significantly more serious if they involve a killing or attempted killing. If after release, you knowingly fail to appear as required by the conditions of release, or to surrender for the service of sentence, you may be prosecuted for failing to appear or surrender and additional punishment may be imposed. If you are convicted of:
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK UNITED STATES OF AMERICA, -against - FRANK JONES, Defendant. 97 cr 487 (JGK) ORDER JOHN G. KOELTL DISTRICT JUDGE It is hereby ordered that bail for the defendant, Frank Jones, is extended to include New Jersey and Connecticut. It is further ordered that the defendant may travel beyond the territorial limits of his bail to other parts of the Continental United States provided that the defendant notifies the Pretrial Services Agency of any such travel plans before 48 hours of the date of departure from the bail jurisdiction set by this Court, and the Pretrial Services Agency interposes no objection. SO ORDERED. Dated: New York, New York July 21, 1997 JOHN G. KOELTL UNITED STATES DISTRICT JUDGE
After the above meeting took place there was a firestorm of complaints to the courts from the people in Canada who had acted as host to Frank Jones, and Terry Kawles. According to the following court documents Jones and his company are also under "investigations by the United States Secret Service for the illegal interception of email communications, and by the United States Customs Service for the unlawful export of a prohibited device."
The court document also blasts Frank Jones and Codex and indicates that they are the subject of "an investigation being carried out by the Canadian Security Intelligence Service."
One of the other more interesting items in the court document is that "Mr. Jones' status with the US Customs Service is that of Confidential Informant."
Association of Counter-Intelligence Professionals PO Box 184 Silver Creek, New York 14136, USA Phone +1 (716) 934-0531 Fax +1 (716) 934-71S8 by facsimile (212) 805-7912 l July 1999 The Chambers of the Hon. John G. Koeltl Attention: Don Fletcher United States District Court United States Courthouse 500 Pearl Street New York, New York 10007 cc Joseph V De Marco AUSA By facsimile (212) 637-220s Re: US v. Francis Edward Jones 97 CR 0487 (]GK) Dear Mr. Fletcher, I am writing you in my capacity as Executive Director of the Association of Counter-Intelligence Professionals (ACIP) to advise you of a situation which I feel requires action. One of my members has complained to me that he and his reputation have been damaged by a defendant who is currently before your court. Please see the attached article from a recent issue of PC World. The article is dated 29 June 1999, and was written by Tom Spring of the magazine. In the article, the defendant, Frank Jones (see the court reference above), is quoted as being a retired New York City detective. He is not retired; he was fired from the New York City Police Department in 1975. Mr. Jones is also quoted as having written the widely used, but little-known software program called DIRT". He did not. DIRT, as it was originally titled, was written and developed by Eric Schneider of the Schneider Group Aurora, Colorado. Mr. Schneider is the ACIP member who brought this misrepresentation and fraud to my attention. Mr. Schneider disassociated himself from the directorship of Codex Data Systems in March 1999, citing improprieties in the handling of corporation funds, improper sales of the software program to ineligible recipients (namely, the states of India, South Africa and Peru-the first, in possible violation of US State Department sanctions against that country, and the last against the very sound advice of the Federal Bureau of Investigation), and improper secure handling of the DIRT program. When questioned at the time, Mr. Jones threatened to release the source code for the program to the Internet. Mr Jones is in serious violation of the US copyright code in continuing to demonstrate and sell a product that is not rightfully his. He is also perpetuating a fraud in dealing with what could be determined to be a product controlled under US Code 2512. I am bringing this matter to your attention as I understand that Mr. Jones is currently before your court awaiting sentencing for other violations of US Code 2512. I find it very ironic that, even as he is awaiting sentencing, Mr Jones cannot be controlled in his use of a very dangerous, possibly prohibited software device. I understand, for your information, that Mr. Jones is also currently the subject of separate investigations by the United States Secret Service for the illegal interception of email communications, and by the United States Customs Service for the unlawful export of a prohibited device. He is also involved in an investigation being carried out by the Canadian Security Intelligence Service. I understand further, for your information, that Mr. Jones' status with the US Customs Service is that of Confidential Informant and, as such, is prohibited by law from selling any product or service to federal agencies. I am advising my member, Mr. Schneider, to have his attorney send to you copies of the cease and desist orders communicated to Codex Data Systems when he left that organization last March. In the meantime, I would appreciate your looking into this matter, and attempting to have Mr. Jones' activities curtailed in any manner possible. I stand ready to discuss this matter further with you, and can be reached at the Ottawa address below, or by telephone at (613) 7494841. Sincerely yours, (original signed by M Richardson) Michael C Richardson Executive Director Ottawa Address Suite 201 435 St Laurent Blvd OTTAWA, Canada K1K 2Z8 Fax: (613) 749-7155 Email: rivervine@webruler.com
UNITED STATES OF AMERICA v. FRANK JONES THE DEFENDANT: Pleaded guilty to count(s) THREE OF THE INDICTMENT pleaded nolo contendere to count(s) which was accepted by the court. X was found guilty on count(s) after a plea of not guilty. Title - Section 18 U.S.C. - 2512 (l)(b) United States District Court Southern District of New York JUDGMENT IN A CRIMINAL CASE (For Offenses Committed On or After November 1, 1987) Case Number: 1:97CR00487-001 JOHN BURKE Defendants Attorney JOSEPH DeMARCO, AUSA Nature of Offense POSSESSION OF ILLEGAL INTERCEPTION DEVICES Date Offense Count Committed Number 05/20/1992 3 The defendant is sentenced as provided in pages 2 through S of this judgment. The sentence is imposed pursuant to the Sentencing Reform Act of 1984. O The defendant has been found not guilty on Count(s) ONE AND TWO IT IS FURTHER ORDERED that the defendant shall notify the United States Attorney for this district within 30 days of any change of name, residence, or mailing address until all fines, restitution, costs, and special assessments imposed by this judgment are fully paid. are dismissed on the motion of the United States. Defendant's Soc. Sec. No.: 056-42-6158 Defendant's Date of Birth: 09/26/1949 Defendant's USM No.: 40649-054 Defendant's Residence Address: 250 EHRHARDT ROAD PEARL RIVER Defendant's Mailing Address: 250 EHRHARDT ROAD PEARL RIVER. JOHN G. KOELTL, UNITED STATES DISTRICT JUDGE
DEFENDANT: FRANK JONES CASE NUMBER: 1:97CR00487-001 PROBATION The defendant is hereby placed on probation for a term of 5 year(s) Judgment-Page THE DEFENDANT SHALL PERFORM 300 HOURS OF COMMUNITY SERVICE APPROVED BY THE PROBATION DEPARTMENT. THE DEFENDANT SHALL BE REQUIRED TO PARTICIPATE IN A MENTAL HEALTH PROGRAM APPROVED BY THE PROBATION DEPARTMENT. THE DEFENDANT WILL BE REQUIRED TO CONTRIBUTE TO THE COSTS OF SERVICES RENDERED (CO-PAYMENT) IN AN AMOUNT TO BE DETERMINED BY THE PROBATION DEPARTMENT BASED ON ABILITY TO PAY AND AVAILABILITY OF THIRD PARTY PAYMENT. THE DEFENDANT IS TO ESTABLISH CONTACT WITH THE INTERNAL REVENUE SERVICE AND FILE PERSONAL AND BUSINESS TAX RETURNS AS REQUIRED BY LAW FOR ANY YEARS IN WHICH NO RETURNS WERE FILED. The defendant shall not commit another federal, state, or local crime. The defendant shall not illegally possess a controlled substance. For offenses committed on or after September 13, 1994: The defendant shall refrain from any unlawful use of a controlled substance. The defendant shall submit to one drug test within 15 days of placement on probation and at least two periodic drug tests thereafter, as directed by the probation officer. The above drug testing condition is suspended based on the court's determination that the defendant poses a low risk of future substance abuse. (Check, if applicable.) The defendant shall not possess a firearm as defined in 18 U.S.C. ¤ 921. (Check, if applicable.) If this judgment imposes a fine or a restitution obligation, it shall be a condition of probation that the defendant pay any such fine or restitution in accordance with the Schedule of Payments set forth in the Criminal Monetary Penalties sheet of this judgment. The defendant shall comply with the standard conditions that have been adopted by this court (set forth below) . The defendant shall also comply with the additional conditions on the attached page (if indicated below). See Special Conditions of Supervision - Page 2a STANDARD CONDITIONS OF SUPERVISION 1) The defendant shall not leave the judicial district without the permission of the court or probation officer; 2) The defendant shall report to the probation officer and shall submit a truthful and complete written report within the first five days of each month; 3) The defendant shall answer truthfully all inquiries by the probation officer and follow the instructions of the probation officer; 4) The defendant shall support his or her dependents and meet other family responsibilities; 5) The defendant shall work regularly at a lawful occupation unless excused by the probation officer for schooling, training, or other acceptable reasons; 6) The defendant shall notify the probation officer ten days prior to any change in residence or employment; 7) The defendant shall refrain from excessive use of alcohol; 8) The defendant shall not frequent places where controlled substances are illegally sold, used, distributed, or administered; 9) The defendant shall not associate with any persons engaged in criminal activity, and shall not associate with any person convicted of a felony unless granted permission to do so by the probation officer; 10) The defendant shall permit a probation officer to visit him or her at any time at home or elsewhere and shall permit confiscation of any contraband observed in plain view of the probation officer; 11 ) The defendant shall notify the probation officer within seventy-two hours of being arrested or questioned by a law enforcement officer; 12) The defendant shall not enter into any agreement to act as an informer or a special agent of a law enforcement agency without the permission of the court; 13) As directed by the probation officer, the defendant shall notify third parties of risks that may be occasioned by the defendant's criminal record or personal history, or characteristics, and shall permit the probation officer to make such notifications and to confirm the defendant's compliance with such notification requirement. SPECIAL CONDITIONS OF SUPERVISION THE DEFENDANT IS PRECLUDED FROM OPERATING ANY BUSINESSES UNLESS HE PROVIDES ACCEPTABLE DOCUMENTATION TO THE PROBATION DEPARTMENT ESTABLISHING THAT THE BUSINESS IS LEGALLY OPERATING PURSUANT TO THE LAWS OF THE STATE(S) IN WHICH IT IS LOCATED OR DOES BUSINESS. EXCEPTIONS TO THE PRE-SENTENCE REPORT Page 5a of 5 The Sentencing Recommendation indicates that because of the defendant's psychological condition, his obstruction of justice was not willful. This is consistent with Dr. Sanford Drob's conclusion and is well founded and the Court accepts it as a factual finding. The Probation Department concludes that an upward enhancement for obstruction of justice is not warranted, and that the defendant is eligible for a downward adjustment for acceptance of responsibility. Therefore, it is apparent that the calculation of a total offense level of 9 is an error; it should be 7. The Criminal History Category is I and Guideline Sentencing Range is 0-6 months.
According to the court records, Frank Jones (AKA Spyking, "Francis Edward Jones", Codex, etc) is on federal criminal probation in New York after being convicted of a very serious federal felony.
The Probation office main number is (212) 805-0040.
The following person is Franks current probation officer:
John Meredith 128 Dolson Avenue Middletown, NY 10940 (914) 344-2789
John Meredith's direct supervisor is Hal Grant (845) 344-6142, and complaints concerning Jones violating his probation (and Meredith not properly controlling Jones) should be directed to him.
The following is used to identify Frank Jones in their databases and his
records are indexed off of the following data:
Subject of Probation: Frank Jones (AKA: Francis Edward Jones)
Defendant's Soc. Sec. No.: 056-42-6158
Defendant's Date of Birth: 09/26/1949
According to court records the government had serious trouble getting Jones' attorney Terrance L. Kawles to return their calls, or get him respond back to them concerning his client and business partner. Shortly after this happened Jones went and hired a new attorney and appears to have dumped Terrance L. Kawles as counsel.
Changing Attornies at the last minute:
According to the following court documents (dated April 20, 1998), Frank Jones claimed that he was essentially penniless, that his income is virtually nothing, and that he has no assets. We see that his wife Mary Ann Jones is the primary income source for the family, and is essentially supporting Frank (who according to court documents is mentally ill).
The truth of the matter is that Frank Jones, and two of his associates set up a shell company just days prior to this document being filed with the courts (on April 2, 1998). He then claimed to have no property except his Codex stock, and he claimed to be the President/CEO/etc. of the new shell company.
Just days prior to filling out the following affidavit Jones had openly bragged about how he was worth millions of dollars, and was showing off all the special secret spy toys (scanners, radios, computers, sweep gear etc, etc, etc). He also declined to mention in the affidavit that the government had given him money, and that this was the money he used to set up Codex, pay employees, loan out money to Eric, and take trips with Terry (his business partner). Codex business documents handed out to potential investors indicate that Frank transferred $250,000 in equipment, and $75,000 in vehicles, $25,000 in furniture to Codex in early April of 1998. Also, Codex paid Eric T. Schneider roughly $36,000 in cash from April 1998 to September 1998 to rework a version of Back Orifice in to what became D.I.R.T.
The question has to be asked as to why on one day Jones was penniless, and yet just days prior he was hiding hundreds of thousands of dollars in assets, and tens of thousands of dollars in cash via a shell company.
In the criminal financial affidavit Jones claims that his Codex stock was worth only $2,000, yet according to financial documents provided to investors and his bank he claims to own 45% of a company with assets in excess of $700,000 (or over $325,000 himself). So either he lied on the financial affidavit, or he was lying to his investors. The U.S. Government (DLA) later blasted Jones for lying on the financial affidavit and committing federal purgery.
1.4 Ownership and Management Ownership and Management:
The court documents also indicate that Frank Jones and his businesses has some very serious judgments against him, including the Bank of Brazil and American Express. The court documents in the Bank of Brazil case blast Jones, his associates for fraud, and for running bogus companies.
The following is the case docket for the Federal Felony case against Frank Jones, notice when Codex was incorporated, and compare it to this Docket (which presents a rather curious timetable).
As mentioned previously; during the federal criminal case Frank Jones and his associates set up a shell company called "Codex Data Systems" so Jones could hide his assets from the Government, claim to be destitute, claim to be mentally ill, and convince the court that he had a job. This way the government wouldn't make him get a job flipping burgers at McDonalds, put him in prison, seize property, or fine him. They designated their company "Codex Data Systems," and promptly landed in serious hot water with the government.
See the following Corporate Registration Files:
In early 1998 Frank Jones and his business partner Terrance L. Kawles entered into an agreement with Eric T. Schneider, and loaned him a sizable chunk of cash to cover his living expenses. If Jones was penniless, then where did he get the money to loan to Schneider?
Mr. Eric T. Schneider
1947 S. Peoria Street
Aurora, Colorado 80014
E-Mail: Eric Schneider etschnei@ouray.cudenver.edu
Mr. Frank Jones
250 Erhardt Road
Pearl River, New York 11364
E-Mail: Spy King spyking@thecodex.com
RE: Letter Agreement, D.I.R.T. Software, Codex Data Systems, Inc.
Dear Eric and Frank:
WHEREAS, JONES is engaged in the commercial development and marketing of software related to technical surveillance and counter measures; and
WHEREAS, SCHNEIDER has expertise in development of digital and/or computer software; and
WHEREAS, KAWLES has expertise in business and legal affairs pertaining to intellectual property based business; and
WHEREAS JONES, SCHNEIDER and KAWLES desire to access, develop, and market a dedicated intelligent remote transcriber (a/k/a "D.I.R.T."; hereinafter referred to as the "Property");
THEREFORE, in consideration of the mutual promises contained in this Agreement, JONES, SCHNEIDER and KAWLES ("We") mutually agree as follows:
1. We agree to form a New York corporation named Codex Data Systems, Inc. ("Codex" or "Corporation"), if said corporate name is available; or any name reasonably similar thereto (subject to majority approval).
2. We agree that JONES and SCHNEIDER will both own 45% of the issued and outstanding stock of Codex, with KAWLES owning 10% of said stock.
3. We agree that, since SCHNEIDER has finished school and is in need of immediate income, that JONES will advance SCHNEIDER funds at the rate of $2,000 per month from January 1, 1998 until June 30, 1998.
4. We agree that JONES will provide SCHNEIDER with reasonable expense money for products and materials reasonably and customarily necessary for the completion of the Property.
5. We agree that JONES will be reimbursed from the first money from sales of the Property for funds advanced to SCHNEIDER under paragraph 3 and 4 above.
6. SCHNEIDER agrees that he will work full time on creating the Property from January 1, 1998 through June 30, 1998; and will not accept other outside assignments without unanimous approval of JONES, SCHNEIDER and KAWLES from the earlier of (a) July 1, 1998; or (b) the commercial release of the Property.
7. We agree that the Property produced will be owned by JONES and SCHNEIDER, each owning 50% as the creators; and that JONES and SCHNEIDER agree assign all rights and ownership of the Property to the Corporation as consideration for their stock equity in said Corporation.
8. We agree that the Property, as current federal and states statutes apply to the Property, will be marketed only to military, government and law enforcement agencies as prescribed by existing law.
9. We agree that JONES will use his best efforts to market said Property and run the Corporation in a profitable manner, dispersing funds as agreed to the shareholders of the Company according to a Shareholders Agreement.
10. We agree that SCHNEIDER will spend most of this time developing new software for the Corporation; however, he shall have a full and active role in all decision making processes for the Corporation.
11. We agree that KAWLES, as consideration for his shareholder's equity in the Corporation, will handle legal matters for the Company; however, all reasonable and customary expenses attributable to corporate affairs incurred by KAWLES shall be reimbursed to him by the Corporation.
12. SCHNEIDER and JONES acknowledge that KAWLES is merely a stakeholder, and that KAWLES shall not be liable for any act or omission unless taken or suffered in bad faith, in willful disregard of this Agreement or involving gross negligence. KAWLES' sole duties are as indicated herein, and upon the disposition of said duties as provided herein, KAWLES shall be deemed to have performed all of such duties and automatically shall be discharged from any further obligation hereunder. SCHNEIDER and JONES shall indemnify and hold KAWLES harmless from and against all liabilities, claims, damages or expenses, including attorneys' fees, incurred in connection with the performance of KAWLES' duties hereunder. Notwithstanding that KAWLES is serving as the attorney for the Corporation pursuant to this Agreement, KAWLES, as attorney, agrees to arbitrate and cast the deciding vote in the event of any dispute hereunder.
13. All instructions or notices given pursuant to this Agreement shall be in writing and delivered to KAWLES' address above-stated. For purpose of this Agreement, such instructions and notices shall be deemed delivered on the date of delivery, if by hand, or on the date of mailing, if mailed, except that no instruction or notice to KAWLES shall be deemed effective until actual receipt thereof by KAWLES.
14. This Agreement may be executed in counterparts each of which shall be deemed an original and all of which counterparts shall constitute one and the same document.
Please sign three (3) counterparts of the Agreement and return all (3) copies to me at my office as soon as possible.
Sincerely yours,
Terrance L. Kawles
IN WITNESS WHEREOF, JONES and SCHNEIDER have duly executed this Agreement on the date first above written.
_______________________________
Mr. Frank Jones
250 Erhardt Road
Pearl River, New York 11364
E-Mail: Spy King spyking@thecodex.com
________________________________
Mr. Eric T. Schneider
1947 S. Peoria Street
Aurora, Colorado 80014
E-Mail: Eric Schneider etschnei@ouray.cudenver.edu
Almost a year later (on February 24, 1999) Eric Schneider and Codex would have a falling out when he started complaining rather loudly about Frank and Terry mistreating him, mishandling the companies money, and perpetuating a criminal fraud. Here are a few examples:
The way CDS has been run is ridiculous. This is a business, not anyone's personal ego trip. We need accurate accounting, policies, and planning. Company accounts are not personal accounts. If we as individuals need money, we all take our draw. Every corporate expense should be justifiable. Anything purchased with corporate funds is corporate property. In the advent of liquidation of corporate assets, said assets should be divided proportionally to share holding. The way I see it, there is over $18,000 worth of un-accounted for funds. These funds need to be accounted for.
A plan for the distribution of funds needs to be put in place. We should know how company money is going to be spent BEFORE we get it. If we didn't need to buy something before we had the money, we don't need it after...
[snip]
I will no longer even entertain the thought of doing any R&D on a product or idea that has not been adequately analyzed. (Think Achtung) What the product is needs to be clearly defined. _FACTS_ are needed to support the decision to develop a new product. A statement that "we can sell it" doesn't mean squat to me. I want to be shown WHY it is so clear that "we can sell it". Market research, competitive analysis, estimated product lifetimes and sales curves, etc., etc. C'mon this is a business right?!? There is a whole lot more to this that just coming up with ideas. While the original DIRT may have been "dirt cheap", that is only because I donated my resources to bring it into being. The cost of software is not the price of disks, it is the result of employing all the $100K/year developers, QA testers, documentation teams, etc.
CDS has advertised products and product features that do not exist. I will not be part of any of such behavior. There is a difference between market analysis, dishonesty, and fraud.
On that note, last I heard, _I_ was in charge of Research and Development. As such, _I_ am the one that decides whether or not something can or cannot be done, and what it will likely cost to realize. Period. If someone wants to step up and challenge my technical aptitude, please do. I do not claim to be gods gift to engineering. There are many things that I do not know. The bottom line is that from what I have seen, I am the only one that has demonstrated the skills and knowledge required to perform any sort of engineering. Let me do my job. All R&D goes through me. Software, electronics, everything. If I find myself in over my head, I WILL tell you.
Now... I know that I have previously been relatively unconcerned about receiving credit for my work on DIRT. I have changed my mind. _I_ designed and created DIRT. Frank was the inspiration, idea man, money man, holy prophet or whatever... but he did not write a single line of code. I did. Every person that has spoken to Frank and myself has stated that it was obvious that I was the programmer and not Frank. I think it hurts the company for these "little fibs" to be told. In the end it raises questions about the ethical standards and business practices of the entire company.
Before tempers get too hot, let me reiterate that I firmly believe that we ALL have unique and valuable skills. Let's check our ego's at the door and stick to what we are best at. We can thump our chests and compare penis sizes at the bar... If we get our act together and play things right, we can all make all our dreams come true. Please don't make CDS a waste of my time...
Frank, I truly believe that "Radio Free Codex" and the like is your calling. You love the limelight and have a zest for media attention. While these qualities are not really well suited for classified products, your skills can definitely be advantageous to the business if played correctly. Please heed my advice though, do not even think of pretending to posses skills that you do not with the hacker community. Once they see through your act, they will despise you and shred your reputation (and the company's) to pieces before you can say Carolyn Meinel...
A few months later, Eric became very vocal in his complaints, and Jones tried to blackmail him to shut him up. Kalwes played inferereence, and Jones forced a buy-out offer for Erics remaining stock. The only problem was that the money Jones used to finance the buy-out put him in another legal mess where his new investors bitterly complained that he had embezzled money from them (re: Seabridge elsewhere in this document).
Some time later Terrance Kawles would start bitterly complaining about the same kind of problems, but was eventually fired by Jones for what he (Jones) called "gross incompetence, negligence, and deriliction of duties".
On September 1, 1998, Frank Jones embarassed himself at the U.S. Government "Spock Program" Meeting when he tried to demonstrate a buggy version of D.I.R.T. The acronym of S.P.O.C.K. stands for "Security Proof of Concept Keystone".
The SPOCK FORUM meets monthly. For more
information about the program or reports on Proof-of-Concept and test efforts
contact either:
John H. McIver, Jr NSA SPOCK Program Manager 410-854-6318 jhmcive@missi.ncsc.mil |
Larry McGinness COACT, Inc. SPOCK Support 301-498-0150 lbm@coact.com |
Here is a list of U.S. Government personnel and representatives of major defense contractors who were present during the meeting (and who at the time were well aware that Jones was a convicted felon and mental patient):
As a result of the SPOCK meeting the following government agencies bought copies of the software. It's curious why a federal law enforcement Agency would want to buy surveillance software from someone they knew to be a convicted felon and mental patient unless their intentions in using such software were less then honorable (or legal).
United States Postal Service
National Security Agency
Nation Reconnaissance Organization
One fact to consider is that DIRT has several back doors in it, and absolutley no accountability feature. It allows someone to covertly plant files on a victims computer, and allows the illegal planting of evidence on a suspects computer without any paper trail.
Several other governments also bought the product (possibly illegally) including the governments of India, Peru, Argentina, Korea and others. The Canadian Government also bought a copy of the software, and then investigated Codex for defrauding them.
Nothing like letting the inmates run the prison... or letting felons run the investigation.
After the criminal conviction of Frank Jones (and the above illicit, and likely illegal purchases) the U.S. Government launched even more investigations into Jones, and formally recommended that he, and Codex be prohibited from doing any type of business with the U.S. Government, Contractors, and so on.
The government investigators blasted Jones and stated: "Codex Data Systems, Inc. and its president, Francis E. Jones [AKA: Frank Jones], exhibited conduct indicating a lack of business integrity or honesty that seriously and directly affects the present responsibility of a potential Government contractor or subcontractor."
Also, the investigator noted: "Jones deliberately provided false information and documentation to the Probation Department... including his family situation, employment, education, military record and discharge specifics."
and further: "[r]eview of the criminal indictment against Jones, the plea agreement, Probation's Presentence Investigation Report, and the Judgment in a Criminal case disclosed that Jones deliberately provided false information and documentation to the Probation Department on numerous occasions concerning his family... and his and Codex' involvement with law enforcement agencies."
The government investigators further blasted Jones and Codex for defrauding the U.S. Army when the government placed an order for a hoax product called a "Datascan II Converter" which Codex was trying to promote as a TEMPEST interception box. The U.S. Army White Sand Missile Range issued an order (DAAD07-98-M-0555) for the sham product, but it was never delivered, and Jones evaded any contact by the government.
http://epls.arnet.gov/epl/owa/epls_search.multi_name_srch
Note: According to the US Post Office; the following "167 Route 304" address is actually the same as the "143 Main Street" address, and "Bardonia, NY 10954" is the same city as "Nanuet, NY 10954."
+++++++++++++++++++++++++++++++++ PARTIES EXCLUDED FROM FEDERAL PROGRAMS BY NAME AS OF 16-DEC-2001 NAME: Codex Data Systems, Inc. CLASS: Firm RECORD TYPE: Primary TYPE: Reciprocal CEC: SSN/TIN: ADDRESS 1: 167 Route 304, No. B-4 Bardonia, NY 10954 - Domestic CT ACTIONS - CT-CODE 1: A AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 17-OCT-2003 CT-CODE 2: J AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 06-DEC-2003 CRNAME 1: Jones, Francis Edward CRNAME 2: Jones, Frank NAME: Jones, Francis Edward CLASS: Individual RECORD TYPE: Cross Reference TYPE: Reciprocal CEC: SSN/TIN: ADDRESS 1: 250 Ehrardt Rd. Pearl River, NY 10965 - Domestic CT ACTIONS - CT-CODE 1: A AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 06-DEC-2003 CT-CODE 2: J AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 06-DEC-2003 PRIMARY NAME: Codex Data Systems, Inc. NAME: Jones, Frank CLASS: Individual RECORD TYPE: Cross Reference TYPE: Reciprocal CEC: SSN/TIN: ADDRESS 1: 250 Ehrardt Rd. Pearl River, NY 10965 - Domestic CT ACTIONS - CT-CODE 1: A AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 06-DEC-2003 CT-CODE 2: J AGENCY: DLA ACTION-DATE: 09-MAR-2001 TERM-DATE: 06-DEC-2003 PRIMARY NAME: Codex Data Systems, Inc. +++++++++++++++++++++++++++++++++ The DLA contact for this action is: DLA Cynthia Gaitley / DPAC-G (808) 477-1225 +++++++++++++++++++++++++++++++++
Note: The Defense Logistics Agency ("DLA") notified Jones, his associates, and Codex Data Systems of the Proposed Debarment of both Jones and CDS on December 7, 2000. On February 27, 2001 Codex tried without success to block the debarment. The final order was issued on March 9, 2001, and will likely be renewed on expiration. In late April and May of 2001 Jones and his associates scrambled to set up a new organization/name under which they could do business once the blacklisting became a matter of public record. Several months later, the formal debarment became public knowledge, and on June 23, 2001 (14 days later) another business was incorporated under another company name, but at the same address (as the Codex Business name was now officially black-listed by the government). The bottom line is that this NEW company was created a short time AFTER Frank Jones and Terrance L. Kawles received formal notice of being banned from doing business with the government.
While Terrance L. Kawles was not specifically named in the debarment order, according to public documents he was part of the Codex company at the time, a major shareholder, salesman, spokesman, and such for the firm.
Descriptions
A
Cause
Debarment by an agency pursuant to FAR 9.406-2, GPO Instructions 110.11A, or PS Publication 41, for one or more of the following causes (a) conviction of or civil judgment for fraud violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity; (b) violation of the terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility. (See Code N- Debarment pursuant to FAR 9.406 2(b)(2) Drug Free Workplace Act of 1988.)
Treatment
Contractors are excluded from receiving contracts, and agencies shall not solicit offers from, award contract:, to. renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency's head or a designee determines that there is a compelling reason for such action. Government prime contractors, when required by the terms of their contract, shall not enter into any subcontract equal to or in excess of $25,000 with a contractor that is debarred, suspended, or proposed for debarment, unless there is a compelling reason to do so. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing.
Also,
J
Cause
Debarment by an agency pursuant to Federal Property Management Regulations (FPMR) 101-45.6 for one or more of the following causes: (a) conviction of or civil judgment for fraud, violation of antitrust laws, embezzlement, theft, forgery, bribery, false statements, or other offenses indicating a lack of business integrity, (b) violation of terms of a Government contract, such as a willful failure to perform in accordance with its terms or a history of failure to perform; or (c) any other cause of a serious and compelling nature affecting responsibility.
Treatment
Contractors are excluded from receiving contracts to purchase Federal personal property, and agencies shall not solicit offers from, award contracts to, renew or otherwise extend the duration of current contracts, or consent to subcontracts with these contractors, unless the acquiring agency's head or a designee determines that there is a compelling reason for such action. Debarments are for a specified term as determined by the debarring agency and as indicated in the listing (see Note following Code K).
Within days of being debarred, the new company and corporate name was set up, and Brigadoon Software morphed into the spin-off company of Codex Data Systems. Basically, the new company promoted the DIRT trojan (a primitive version of "Back Orifice") as the product called "PC Phone Home". Frank Jones then assumed the alias of Marty or Martin Moran and the entire cycle started again.
It should be mentioned that PC Phone Home was actually created by Eric Schnieder while he was working at Codex (and Jones), prior his leaving, and the DLA debarrment. Frank Jones (or so he claims) was also heavily involved in the creation and marketing of the PC Phone Home product, so essentially the product "PC Phone Home" was developed by a convicted felon and mental patient (Jones)... it sort of blows the credibility of the product.
A little over 50 years ago; Alan Jay Lerner and Frederick Loewe wrote a popular Broadway Musical named "Brigadoon". The musical opened at the Ziegfeld Theatre on 13 March, 1947, and ran for 581 performances. The story concerned the mythical, German village of Germelshausen [Brigadoon] that fell under an evil, magic curse. The city disappeared, and floated, invisible and out of view. Every 100 years the city would become visible, and people could visit, but the visitors were not allowed to leave as it would lead to the destruction of them all.
Given all the various aliases, addresses, history, and such the similarities are striking. A mythical city of "Germelshausen [Brigadoon]" floating around, and a company that changes its name, address, directors, product names, to confuse customers, investors, and resellers and to evade government oversight. In the musical visitors are not allowed to leave Germelshausen [Brigadoon], and many of Codex's/Jones/Brigadoon visitors, investors, customers claim to feel the same way after they claim to have been taken for a ride. Add to this the "evil curse" of Frank Jones being a convicted felon and mental patient the new company name of "Brigadoon" seems poetic. Of course it doesn't help that Codex Data Systems was blacklisted by the government, and that people currently involved in Brigadoon were also involved at Codex when it was blacklisted.
The principals of Brigadoon Software are long term associates of Frank Jones, and most of them have engaged in similar business ventures with him in the past, and as such it indicates reflects poorly on those involved that they are repeating an ongoing pattern of behavior. However, the folks at Brigadoon currently claim that Jones is not involved in the business.
Here is a copy of the official corporate registration for "Brigadoon Software Inc.". Note that Codex Data Systems, Jones, and his associates have been using the same 143 Main Street Address, see above. In fact, when the DLA banned Jones and Codex it was via the above address. Also, several of the principals of "Codex" and also principals of "Brigadoon", and have played interference for Jones with the government in the past (on multiple occasions) when he was brought up on felony charges and then again on debarment proceedings. According to the US Post Office; the "167 Route 304" address is essentially the same address as the "143 Main Street" address, and "Bardonia, NY 10954" is the same city as "Nanuet, NY 10954."
Selected Entity Name: BRIGADOON SOFTWARE INC. Current Entity Name: BRIGADOON SOFTWARE INC. Initial DOS Filing Date: 07/23/2001 County: ROCKLAND Jurisdiction: Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: ACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) C/O STEPHEN G. MURPHY ESQ. 143 MAIN ST. NANUET, NEW YORK 10954 Registered Agent NONE
Here are some of the things that the Better Business Bureau has to say about Jones, his companies, and his business dealings. Also, note what they have to say about "Brigadoon Software Inc." Do you notice a trend?
The Codex
2472 Broadway, Suite 328
New York, NY 10025
917-277-1983
According to information in the Better Business Bureau's file: [as of 12/9/99]
This firm is engaged in publishing periodicals.
The Bureau's file opened 10/96.
This firm has an unsatisfactory rating, which is the Bureau's lowest rating.
This firm's address is a Mail Boxes Etc. location.
This firm has received 10 complaint(s) in the last 36 months. 8 of those 10 complaint(s) were
received in the last 12 months.
This firm has a pattern of not responding to complaints brought to its attention by the Bureau.
---------------
Codex Publishing
286 Spring Street
New York, NY 10013
212-989-9898
212-337-0934
According to information in the Better Business Bureau's file: [as of 12/9/99]
This firm is a publishing company.
The Bureau's file opened 03/96.
This firm does not currently qualify for the Bureau's highest rating
because it has not responded to a complaint brought to its attention
by the Bureau.
This firm has received 3 complaint (s) in the last 36 months. 2 of
those 3 complaint(s) were received in the last 12 months.
Here is the domain name registration for "Brigadoon". Note that the Admin Contact address is the same as that used by Frank Jones in the past, and that of one of Frank Jones attorney.. The technical contact address is actually the same as that of "Frank Jones," "Codex Publishing," "Codex Data Systems," and several other interrelated functions. Also the name of the technical contact "Farokh Irani" appears all over Codex Data Systems marketing literature.
The "167 Route 304" address has also been used several times as a rooming house by Terry Kawles (of Codex/Brigadoon) when his wife kicked them out of their family home for a while (due to his relationship with Jones). During this time Terry frantically scrambled to find a real job, flooded the New York area with his resumes, and was effectively living out of the office.
Brigadoon Software, Inc. (BRIGADOONSOFTWARE2-DOM)
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
Domain Name: BRIGADOONSOFTWARE.COM
Administrative Contact, Billing Contact:
Brigadoon Software, Inc. (P24195-OR) sales@pcphonehome.com
Brigadoon Software, Inc.
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
718-765-0800
Technical Contact:
Irani, Farokh (FI17) farokh@MCF.COM
Computer Outlet
167 Route 304
Bardonia, NY 10954
914-627-3800 (FAX) 914-627-3811
Record last updated on 27-Jul-2001.
Record expires on 16-Jul-2002.
Record created on 16-Jul-2001.
Domain servers in listed order:
D.NS.VERIO.NET 129.250.35.34
S.NS.VERIO.NET 192.67.14.15
[Note1: Farokh Irani is (or was) an employee/contractor of Codex, and the Bardonia address he uses is the same as that used by Frank Jones for his Codex Data Systems alias. Farokh Irani's name appears all over marketing materials for both Codex Data Systems, AND Brigadoon Software. Farokh Irani is also the ISP of Jones/Codex/Brigadoon, shares the same building/address, and actually has Jones/Codex marketing materials on display in his store.]
[Note2: According to the US Post Office; the "167 Route 304" address is actually the same as the "143 Main Street" address, and "Bardonia, NY 10954" is the same city as "Nanuet, NY 10954." Codex, CDS, Frank Jones, and Brigadoon all use variation of both the street name/number and variations on the city name.]
[Note3: The address used above (9201 Fourth Avenue, Suite 701) is also that of "Stephen G. Murphy" who was/is the attorney that represented Jones, and who's name appears throughout their legal documents. Jones has a history of dropping this address and this attorney's name everywhere, and making threats to sic him on anybody he is trying to intimidate or harass. The name also appears on the Corporate Registration for Brigadoon, with the same address as Farokh Irani].
Registrant:
Brigadoon Software Inc. (PCPHONEHOME3-DOM)
9201 Fourth Avenue Suite 701
Bay Ridge, NY 11209
US
Domain Name: PCPHONEHOME.COM
Administrative Contact, Billing Contact:
Brigadoon Software, Inc. (P24195-OR) sales@pcphonehome.com
Brigadoon Software, Inc.
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
718-765-0800
Technical Contact:
Irani, Farokh (FI17) farokh@MCF.COM
Computer Outlet
167 Route 304
Bardonia, NY 10954
914-627-3800 (FAX) 914-627-3811
Record last updated on 14-Nov-2001.
Record expires on 24-Aug-2002.
Record created on 24-Aug-2001.
Domain servers in listed order:
B.NS.VERIO.NET 129.250.35.32
T.NS.VERIO.NET 192.67.14.16
Registrant:
Brigadoon Software, Inc. (BRIGADOONSOFTWARE-DOM)
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
Domain Name: BRIGADOONSOFTWARE.NET
Administrative Contact, Technical Contact, Billing Contact:
Brigadoon Software, Inc. (P24195-OR) sales@pcphonehome.com
Brigadoon Software, Inc.
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
718-765-0800
Record last updated on 27-Jul-2001.
Record expires on 16-Jul-2002.
Record created on 16-Jul-2001.
Domain servers in listed order:
D.NS.VERIO.NET 129.250.35.34
S.NS.VERIO.NET 192.67.14.15
Brigadoon Software, Inc. (P24195-OR) sales@pcphonehome.com
Brigadoon Software, Inc.
9201 Fourth Avenue, Suite 701
Bay Ridge, NY 11209
US
718-765-0800
Record last updated on 16-Jul-2001.
It appears that everything links back to Jones and his associates trying to operate outside of the governments probation supervision, and legal restrictions, and trying to do an end-run around the DLA debarring and government blacklisting.
Jones is also trying to pedal his goods outside of the United States, and has set up distributors across the globe to pedal his products (either under the Codex name, Brigadoon name, or both). This is the only way that Jones and Codex can survive as the US government will not let him ply his wares inside this country. If Jones commits fraud outside of the country there is little the US can do about it. As a result several of his international distributors/partners (who lost their shirts) have pursed Jones and Codex for fraud.
Alleged Law Enforcement Background
Frank Jones claims to have been "a former detective and surveillance specialist with the New York City Police Department."
The alleged law enforcement background (for New York city) can be verified by writing (or calling) the following agency:
New York City Police Department
Personnel Inquiry Unit - Verification Unit
One Police Plaza, Room 1012
New York, NY 10038-1497
(212) 374-3884
The NYPD Personnel Inquiry Unit was contacted via telephone, and were provided with Frank's name, various aliases, and SSN. The Inquiry Unit responded that Frank Jones had never worked as an employee of the New York Police Department.
A formal written query then sent to the NYPD Personnel Inquiry Unit, which was then sent back with a formal written response that Frank Jones does not, and has not ever worked for the NYPD.
When confronted with this information Frank claimed that he was in a sensitive undercover surveillance position, and that he still works for them occasionally. He claimed that there is a possibility of retribution so the NYPD doesn't formally acknowledge his employment to protect him and the agency. Personnel within the agency found his claims to be ridiculous and laughable...
On a related note: In 1996 the State of New York District Attorney arrested Frank Jones/Francis Edward Jones for Felony Forgery and Felony Grand Larceny. The specific charge was: Forgery in the Second Degree, and Grand Larceny in the Fourth Degree.
Frank Jones has a long history of foisting security related scams, cons, and outright frauds members of the security profession, government agencies, and the public. He has also been convicted of selling illegal eavesdropping equipment and contraband, and has been indicted and arrested for fraud.
He has also been active for years cheating persons interested in restricted or illegal technology out of enormous sums of money. He provides no legitimate products or services, and his word is not to be trusted. He continues to fleece victims to the tune of hundreds of thousands of dollars. Because the nature of the devices people are attempting to purchase are often illegal, the victims cannot pursue legal recourse when they are cheated (Frank relies on this).
The information he provides is usually technically flawed, full of hyperbole and assumptions, and released for entertainment and shock value rather than accuracy. Often he will take a minor security vulnerability and exaggerate it wildly out of proportion.
Be very cautious, carefully analyse and examine any claims he gives you. He has a history of inflaming paranoia, bending the laws of physics, and is real big on playing "Walter Mitty Games".
Frank Jones has a long history of selling "pseudo-technology" and "pop science" such as TEMPEST, crypto, surveillance, energy weapons, security related products, Van Eck receivers, laser microphones, and other high technology "snake oil". Many of the publications and products which he advertises do not exist (such as his TEMPEST receiver and laser microphones).
He always comes across as quasi believable and likes to play the wounded, misunderstood, innocent, crusader who is battling evil and as a result is being attacked by demonic and evil forces (usually his victims and creditors).
His Modus Operandi is to sell a client some type of expensive spy toy or service. When the customer contacts him when the product is way past due he starts with the excuses. He will claim that a vendor cheated him, that customs seized the equipment, shipment was returned as undeliverable, lost in shipment, that an employee stole the equipment, hijacked by Klingons, etc... If the client really raises hell then eventually Frank sends them some token device he picked up at Radio Shack, or a flea market for a dollar.
Several victims have stated that they paid the subject over $20,000 for a TEMPEST product, and months later had still received nothing of value (and no TEMPEST products). When the victim threatens a lawsuit or to report the fraud to authorities Frank had an attorney contact the victims who sends them threatening and harassing letters.
Subject claims to be the author of "The Crook Book" and openly brags (and teaches others) on how easy it is to get away with fraud, forgery, and ripping off people. Sadly, almost all of the contents of the "The Crook Book" is materials Frank stole from other people, and actually sucked off of web site and newsgroups postings made by other people. he of course claims a copyright on the book, and claims to be the original author (which is a serious criminal act).
In 1996 the State of New York District Attorney arrested and charged Frank Jones for Felony Forgery and Felony Grand Larceny. The specific charge was: Forgery in the Second Degree, and Grand Larceny in the Fourth Degree.
On May 16, 1997, the Federal government criminally indicted Frank Jones, and he was found guilty, claimed to be mentally insane, and is still on criminal probation.
Look for the "I placed a massive order with the manufacturer which took up this entire year's production run" excuse which turns into:
"An order this size will take a little time for them to fill" which then becomes:
"They tell me the order has been held up due to customs problems" later to be:
"The company scammed me for almost 100 thousand dollars. I lost my entire investment. I'm ruined. So beat me up even further for trying to help you, and sue me for your measly $75 bucks."
Each victim, not knowing the others exist, eats the loss because it's not worth pursuing and then walks away feeling sorry for poor Frank Jones.
This is how he has made it so far - not many victims know there are others, and frequently the amounts are not worth pursuing, especially when he is impossible to find.
Frank also likes to call vendors and use a bogus name to order goods and services. When the vendor sends him an invoice he claims that the person who ordered the products doesn't work there, and refuses to pay the invoice (or return the goods). He will claim that someone is trying to set him up or get him in trouble (and he will of course claim to be the victim).
Frank has a long history of ordering goods and services and then not paying for them. He has boldly and publicly bragged (in his "Crook Book") how easy it for him to steal and how he gets away with it. Be careful when dealing with the subject, always get paid up front for your goods and/or services, and be very careful of giving him money in advance for anything.
Victims who have been cheated, ripped-off, lied to, or conned should send a brief description of what happened along with copies of canceled checks (or similar documentation) to the following agencies:
District Attorney's Office
County of New York
1 Hogan Place
New York, NY 10013
(212) 335-9148
| Here is a list of victims who claim that Frank Jones defrauded them | |
|---|---|
| Banco De Brazil | $ 94,000.00 |
| Oakhurst/Stratton | $ 51,358.00 |
| New York Yellow Pages | $ 53,000.00 |
| Sound Surveillance | $ 47,210.00 |
| Allied Outdoor | $ 25,000.00 |
| ACTT Inc. - Leonid B.Volfson | $ 20,000.00 |
| Thomas Publishing | $ 19,544.00 |
| Technical Services Agency | $ 13,500.00 |
| New Jersey Bell | $ 14,300.00 |
| Litton Electronics | $ 12,340.00 |
| Deerfield Productions | $ 12,000.00 |
| Sony Corporation | $ 11,240.00 |
| Applied Laser Systems | $ 10,840.00 |
| Dan Schelinger Associates | $ 10,000.00 |
| TCI CCTV | $ 9,500.00 |
| American Express | $ 9,000.00 |
| Que Pasa Publications | $ 8,280.00 |
| GBC | $ 6,000.00 |
| ADT | $ 5,000.00 |
| Robert Leonard | $ 5,500.00 |
| Advanced Tech Talk | $ 4,900.00 |
| California Safes | $ 4,500.00 |
| CT Case | $ 3,000.00 |
| CCTV Applications and Technology | $ 5,200.00 |
| Law Enforcement Product News | $ 2,375.00 |
| SWAT Magazine | $ 3,100.00 |
| Rick Martin | $ 2,975.00 |
| Takashi Kitamura | $ 2,700.00 |
| Donlon and Sons | $ 2,500.00 |
| Star TEK | $ 2,500.00 |
| Radio Shack | $ 2,300.00 |
| Turtle Bay | $ 2,000.00 |
| Ticket Affair | $ 1,600.00 |
| Michael Murphy | $ 1,500.00 |
| Hudson Spring Partners | $ 1,500.00 |
| Unilix Ltd. | $ 1,472.00 |
| ACE Communications | $ 1,300.00 |
| Computer Land | $ 1,300.00 |
| Police Magazine | $ 1,280.00 |
| Travel Promotion | $ 1,250.00 |
| Deen Brooks | $ 1,000.00 |
|
|
|
| Jeff Frieberg | $ 600.00 |
| Al Valdez | $ 650.00 |
| Bushnell | $ 700.00 |
| California Cans | $ 500.00 |
| Craig Tires | $ 383.00 |
| CST Co. | $ 312.00 |
| Don Depaola | $ 800.00 |
| Garth Gajorus | $ 262.00 |
| Listen Electronics | $ 600.00 |
| Nite Vision | $ 900.00 |
| NY Convention and Visitors Bureau | $ 550.00 |
| Pitney Bowes | $ 750.00 |
| Torfino Enterprises | $ 556.00 |
|
|
|
| Partial Subtotal | $ 504,987 |
| ... and the list grows on | |
For years Frank Jones has boldly bragged about how to rip people off. Not only does he engage in fraud, but he also teaches others to steal, and actually published a text via the Internet on how to do it and how to get away with it.
If you've been one of Frank Jones victims then very closely read the following instructions where he details how to lie, cheat, and steal (legally it's called a scheme to defraud, and it's a serious felony in New York and throughout the entire country).
Frank posted the following information in 1995 (via a Compuserve account) to multiple USENET groups and Special Interest Groups.
How to get anything you ever wanted for free...
The "system" is a series of checks and balances. It's an insiders club and unless you know the rules or are willing to break them, you'll probably never have a pot to piss in. Not....
Where does it say, we have to put up with, read about or watch on TV, the exploits of people like Donald Trump, Robin Leach or one of the "Kennedy's". Personally, I'm tired hearing about all their bullshit. Who gives a shit what Hillary or Tipper are wearing either?
When people like "The Donald" make a poor business investment and can't pay their bills on time, what do they do? They renegotiate. Yep, that's right. They tell the bank "I can't pay" but I'm such a fabulous person you should renegotiate my loan. Bullshit!
How fast do you think the bank would have you or me out on our ass? In record time, right? Money is power and unless you have money you're powerless right? Not...
Money is an illusion. Power is an illusion. Both are projected by cunning and affluent people and organizations to get what they want. And, if they can't pay for it, they go bankrupt or renegotiate. Why should they have all that luxury and not us? Hell, I can default on a loan as well as any of them!
Almost every company in America will ship you goods on credit if you project the right image, ask the right questions and have the right answers... People will kiss your ass if they think you have great wealth. The best resturants will seat you "up front" if they think "you're a player". Why not? Sounds good to me...
Is this method for acquiring material things legal? Hell no! But half the shit Big Brother does to us everyday isn't legal either...Want to ride around town in a big black imported car for free? How about a brand new Pentium computer for the office? The kids want Mopeds? Nooooooo problem! Pay attention.
Picking a company name...
What's in a name? Business wise it could mean everything...if you want to get over. It also has a lot to do with what you want to acquire for free. Let's say you want to start a new business and need all-types of office equipment.
You could call yourself "Sal's Pizzeria" but that wouldn't wash too well when you're trying to establish a $100,000 line of credit. Most credit managers will dump the application in the round file and require COD cash. Not the best choice of names. How about something like Tri-Star Industries Intl or RCA Electronics? The idea is to project the image of a big well known company. Joe's Paving Company won't work either...think of a large company and play with the name...something that gives the illusion of being a huge conglomerate like MicroSoft Corporation but in fact you use Microsoft Labs. Inc. Close but no cigar, get the idea? When you speak with a salesman you tell him you're from MicroSoft...
I know someone who put together a company called Tandy Merchandising. When he applied for credit with vendors he alluded to being the buying agent for Tandy Corporation (Radio Shack) but sent purchase orders stating his company was Tandy Merchandising. The greedy salesman always figure it's a subsidiary and try their best to push initial orders through credit in hopes of "getting the big one". This guy always ordered two dozen "pieces" as a sample order. The list of stings was impressive. He also always ordered the best model of everything with all the options. Imagine having two dozen Pentium computers, laser printers, desktop scanners, big screen televisions, fully blown out stereos with speakers, ect, etc, etc. These things can be turned into easy cash...
The goods you can acquire are only limited by your imagination...lets say you want to open your own recording studio. No problem. Put together a "wish list" and cut the purchase order. Fax it to the appropriate vendor and wait for the salesman to call. Oh yeah, I forgot a few things. You'll need to set up first...
Let's say for the purposes of this lesson we're gonna pick RCA Electronics as our name, not to be confused (God forbid) with RCA - Radio Corporation of America, the giant who made the radio, phonographs and television famous. Sounds like a good name to me. Imagine the greedy son of a bitch salesman at the "Blue Widget" company when you call and say you're "John Smith (think of something better), vice president of corporate purchasing for RCA" and you need 50,000 blue widgets. I guarantee the salesman will shit...but "since you got burned, dealing with XYZ company you'll require 500 samples ($200 each) for testing purposes". You must have them within ten days for evaluation and you'll send along a purchase order. I guarantee the order flys through processing . They will extend you Net 30 days payment without even blinking. They want the big order.
Acquiring dummy corporate papers
To open up a bank account you'll need a corporate seal and certificate of incorporation. You'll also need a Federal Tax ID number. Certain states may vary but generally this is all that is required.
Find a corporate resolution book from somewhere and get the certificate of incorporation. This is the proof that the corporation is registered with the state. Get a good typewriter, preferably one with interchangeable fonts. Make a copy of the certificate of incorporation and "white out" the corporate name. Insert your bogus corporate name (RCA Electronics Inc.) on the original and make a good photocopy. You should now have a good photocopy of the certificate of incorporation with your bogus corporate name on it.
Now you need a corporate seal. Let your fingers do the walking through the yellow pages and find a company that makes rubber stamps. Generally these companies also make corporate seals. Call them up and tell them you lost your company seal and need a replacement to "do a deal" in a hurry. Most places will take the order and have the new seal with your bogus corporate name on it in a few days.The cost is usually about $20. You'll have to supply them with the corporate name, year and state of incorporation. Get this info off the certificate of incorporation you liberated. Pickup the seal in a few days and you're all set. Be sure to get a tax ID number. In the New York area they generally start with 13-xxxxxx. The second set of numbers is seven digits long.
Opening a bank account
Wait a minute. What is this? I thought we were robbing this stuff? Why do we need a bank account? The simple answer is, some companies no matter how well you try, will always require a company check with the first order. I suggest staying away from these companies but sometimes they have merchandise you're ALMOST willing to die for... No problem. The check is gonna bounce anyway... You'll also need a bank account for a reference (don't worry we'll cover that).
Put a few hundred in your pocket, drive out of your area, and pick a large commercial bank. DO NOT do this in your neighborhood or local small town! Pick an area away from where you live. Dress well and wait until 15 minutes before the bank closes for the day... Everyone is always in a hurry to get to happy hour right?
Find an officer or new account teller and tell them you want to open a business checking account. All you need is the corporate seal, certificate of incorporation and the tax ID number. They might require personal ID so show them your phony drivers license (see Creating a New Identity). You'll need to fill out a few forms, stamp your corporate seal and before you know it you're out the door with your starter checkbook. The real checkbook will be delivered by UPS in about 7-10 days. Make sure you've given the "drops" address not your own. Try to pick a bank that will give you an ATM card. They're always nice to have in order to get your cash back.
Setting up the drop
You'll need an office to operate out of and I suggest a small suite with reception area and one private office. Find an office with a good address (RCA wouldn't be on the poor side of town) and rent it for cash. Usually this will require the first months rent and two months deposit. You DON'T HAVE TO SPEND A LOT OF MONEY! Keep it cheap. You're not gonna be there that long, provide the landlord with phony ID also. DO NOT RENT AN OFFICE NEAR YOUR HOME OR NORMAL PLACE OF BUSINESS.
Call the telephone company and order two phone lines. Try and get a "Gold" number like 555-5000 or 666-4900. Something that sounds like a "big company" telephone number. Make sure the fax number is not one digit off the telephone number like: Tel: 555-5000 and Fax: 555-5001. This obviously means only two lines. Don't ever make a personal call from these telephone lines. Don't ever call home or anyone you know personally, not even a beeper. These phones are for the "sting" They will be investigated after you're gone. Make sure they find nothing. Remember, you want to give the impression of a large company. If the telephone company wants your reach number, give them a voice mail number ringing into your beeper that you have acquired for cash in a fictitious name. NEVER GIVE YOUR REAL NUMBER OR INFO. The phone company usually requires a few hundred dollars deposit for two business telephone lines. Pay it. It's chicken feed compared to what you're gonna make. Make sure you order voice mail with remote access on the telephone line. It is not necessary on the fax line. When the lines are installed, place a single-line phone with "hold" on the telephone line and a fax machine on the fax line.
Next step is get a female (we're not trying to be sexist but most telephone receptionists ARE female) who's "in" on the sting to answer the phone. She would say something like "Good morning, RCA, please hold" and immediately put each incoming call on hold for about 30 seconds. This gives the impression of a busy switchboard. When she comes back on the line she would say something like "How may I direct your call, please hold...while I connect you"...Get the picture? Another nice touch is if you get one of those GOOD voice changing machines so she can come back on the line as "your secretary". Again, you must create the impression of a large company. If you have a few people in on the "sting" let them answer, creating the illusion a large department.
Credit References
Gee, how are we gonna establish credit? We're only a few days in business, Right. You are what you say you are! Most companies require three credit references. Sometimes more. Set up your own references.
Go back to the friendly out-of-the-neighborhood beeper guy and setup four voice mail beepers. Always pay cash. No record. Program the message on each one differently. Something like "Hello, you've reached Northstar Distributors, all lines are busy right now, we value your business, please leave your name and telephone number and one of our representatives will return your call in a few minutes. Thank you for calling NorthStar". The "mark" will ask for "John Doe" the credit manager to return his call. When the beeper goes off, simply make note of the caller, wait a few minutes, and return the call to "John Doe" giving "good" not "super excellent" credit info. You don't want to draw suspicion.
Generally, if you're trying to rip off $10,000. worth of merchandise you would give a credit reference of something like "yeah, RCA has done business with us for about 6 years, their high credit is $30,000-$40,000. dollars and their terms are Net 30. They pay their bills on time...No problems...They're a good customer"...Every once in a while, you might question the "mark", "Hey, what do you guys sell? Not the same things as me I hope. I don't wanna lose this customer"...Heh, heh... it ALWAYS works...Remember, use different voices or a GOOD voice changer..
Program two more beepers the same way with different company names that are your "credit references". Have each voice mail ask the "mark" to leave a name and telephone number for a prompt response. Make sure the "credit references" are large sounding companies with a resident credit manager or officer who handles credit.
Program the fourth beeper as the bank. remember the credit application always asks for the bank, bank account number and the number of an officer to contact. The message might sound something like "Hi, this is Joseph Cupcakes...I'm away from my desk right now, please leave your name and telephone number and I'll get right back to you...If this is an internal bank message, you can reach me at extension 316". The "mark" has no way of reaching extension "316" so he will assume he HAS reached the bank and leave his name and phone number for the bank officer to return his call.
Wait a few hours or even until the next day. Have the "bank officer" call back the "mark" and ask what this is in reference to...when he hears it's a credit reference he should be "reluctant" to give info at first. Credit managers are used to that. It gives the appearance of normal bank resistance to divulge customer information. After a little prodding have the "bank officer" agree to divulge that "RCA" maintains several accounts of "mid-six figure numbers" in that bank and is a customer in "good standing". Translated, it means that "RCA" has a few "million" on deposit with that bank. The "bank officer" might also add "Don't you know who RCA is?" Again, it creates the illusion of power and money and appeals BIG time to the GREED of the "mark".
Dun and Bradstreet Reports
Good old DB. The ultimate business information network. Bullshit. The only thing that goes into an initial DB report is what YOU TELL THEM. Believe it or not, I know several people that have acquired DB reports on real companies, copied the financial statements and passed them off as their own. Pick a company that does several million dollars worth of business with an excellent DB rating and copy their financial statement. Include it with your applaication and DB will give you the same rating!
Call DB and request a DB number. They will give you one right over the telephone. Ask them to fax over a credit rating application. Fill it out and attach a copy of the "liberated" financial statement. In a week or so someone will call from DB to "go over" the rating form. Of course, you'll be waiting with all the "right answers" and in a few days you'll have your new DB credit rating stating that your company is worth "several million dollars" and "pays it's bills on time". DB will actually send you a copy in the mail and this can also be attached to any credit application your filling out to "sting" a company. Sometimes DB checks the bank. Not always. Don't worry about it, your "bank officer" is waiting anyway...
Getting the Loot...
Now that you've got the office with telephone and fax in place (some prefer a laptop instead of fax and typewriter), you're just about ready to start. You must now do your homework. Make a complete list of what you're ordering, from whom and how many of each you need. Have backup vendor companies in case one or more vendor companies is "out of stock" on an item. To expedite the ordering process place a call to the "mark" companies and request a quote on the items.
The request should sound something like this "Hi, this is Rufus Teapot, I'm at corporate purchasing with RCA. I have a request for six Pentium 133 Mhz computers with 40 Meg RAM, built in CD rom with high speed internal modems. They also want 20" color monitors. I need a firm quote. I'm getting ready to cut a purchase order. Can you fax me that quote today? I need to get three bids. I need delivery by Friday" (3 days away). Do you have the items in stock? Can you get them here here by Friday? Otherwise I have to go elsewhere. If these computers fit the bill, we'll need 60 more"....Guaranteed the salesman is getting a woody...In a short while you'll receive the firm quote. You'll also receive a credit application.
Great care should be given to the preparation of the purchase order. You must insert exactly the same information and model numbers that are on the price quote. You don't want anything to slow the process. Great care should be given to the design of the purchase order. If you're trying to shadow the real RCA, get one of their purchase orders and design yours to look the same. You don't need a printer. Do it with a desktop publishing program. It also adds "illusion" when you add something like "4500 outlets throughout the USA" on it.
When the salesman asks for the completed credit report say something like "Ok, I'll get that done for you. By the way we're rated 1A by DB. That should be all you need. I'll fax over a copy of our financial with a copy of our DB report". The salesman will have the credit manager by the neck to approve the order and your goods will be winging their way to you in no time...
It's as simple as that...
Oh, by the way. UPS will deliver the merchandise unless you ask for FedEx or DHL. No problem. Sign for it and get a van to cart it away. It's not STOLEN merchandise yet. You applied for and got credit right? No one is screaming fraud yet right? You have about a thirty day "window" to get any and all merchandise you want. After that the "mark" companies will be looking for payment. Be smart. Get out of the "sting" location after three weeks. The average "sting" can get you $100,000 dollars worth of merchandise for free. DON'T EVER GO BACK FOR ANY REASON. DON'T BE GREEDY. This scam is so sweet you can do it over and over from different location for years and years. There is NO WAY to track you if you followed this plan. Also, DON'T EVER HIT THE SAME COMPANY TWICE... DON'T USE THE SAME BOGUS COMPANY NAME TWICE. LOSE THE BEEPERS. ETC. ETC ETC. BE SMART.....
Remember, it's called a scheme to defraud.
The above instructions are the exact methods by which he personally has used numerous times to defraud his victims. His family must be so proud of him.
Frank Jones - The Orangeburg Businesses (1984 - 1990)
Frank Jones
17 Highview Ave (also given as P.O. Box 56, see below)
Orangeburg, NY 10962-2125
(914) 365-1800 - Hunt Sequence #1
(914) 365-1856 - Hunt Sequence #2
(914) 365-1857 - Hunt Sequence #3
(914) 365-1858 - Hunt Sequence #4
(914) 365-1859 - Hunt Sequence #5
(914) 365-1860 - Hunt Sequence #6
(914) 365-1861 - Hunt Sequence #7 - Facsimile Machine
800 LADY SPY
800 SPY SHOP (inactive)
800 SPY STUFF
800 SPY KING (Disconnected 9/27/96)
800 DE BUGGED (inactive)
SpyBooks
P.O. Box 56 (also given as 17 Highview Ave, see above)
Orangeburg, NY 10962-2125
(914) 365-1800
(914) 365-1861 - Listed as Fax Machine
SpyBooks offered a book titled "Secrets from the SpyShop" for 95 dollars.
This address is three miles away from Franks current home in Pearl River, NY.
Frank was evicted from this location in 1990, and then went on to start the Spy Shop on Christopher Street (in Greenwich Village) New York.
The State of New York "killed" Franks corporation after he neglected to file any corporate returns or pay any corporate taxes on the business. The corporation was legally "put-to-death" by the state of New York on 3/24/93.
The Surveillance Van Corporation Businesses (1991 - 1993)
Several reference were found regarding the following business that Frank was involved with after he sold the "Spy Shop" business to Robert Leonard. The business was actually set up in 1984, and was legally "put-to-death" by the state on 3/24/93 for failure to file corporate returns, and failure to pay corporate taxes.
Frank was eventually evicted from this location, and then reappeared under the business name of Technical Services Agency.
Frank Jones, DBA: DOV - Discreet Observation Vehicles
Surveillance Van Corporation of America (also given as Surveillance Van Corp.)
4123 Bell Blvd. (also given as 41-23 Bell Blvd.)
Flushing, NY 11361-2858 (also given as Bayside, NY)
718-281-2662
Surveillance Van Corp.
41-23 Bell Blvd. (also given as 4123 Bell Blvd.)
Bayside, NY (also given as Flushing, NY)
The business ran up hundreds of thousands of dollars in debts, and then just evaporated (along with Frank).
The following records were obtained from:
New York State - Department of State
ATTN: Corporations
41 State Street
Albany, NY 12231
Full Legal Name:
Surveillance Van Corporation of America, Inc.
Business Address:
41-23 Bell Blvd
Flushing, NY 11361
County of Record: Richmond County
Incorporated: 8/27/84
Officer: Frank Jones
The corporation was dissolved by the state of New York due to non payment of taxes: 3/24/93
Selected Entity Name: SURVEILLANCE VAN CORP. OF AMERICA, INC. Current Entity Name: SURVEILLANCE VAN CORP. OF AMERICA, INC. Initial DOS Filing Date: 08/27/1984 County: QUEENS Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) SURVEILLANCE VAN CORP. OF AMERICA, INC. ATTN: FRANK JONES 41-23 BELL BLVD. BAYSIDE, NEW YORK 11361 Registered Agent NONE
Here are some of the related business names which Frank Jones and his associates have used over the years:
Selected Entity Name: AVID ELECTRONICS CORP. Current Entity Name: AVID ELECTRONICS CORP. Initial DOS Filing Date: 10/08/1980 County: WESTCHESTER Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) MICHAEL A. MEOLA MAC GREGOR DR RD #1 MAHOPAC, NEW YORK 10541 Registered Agent NONE
Scientific Safeguards
Selected Entity Name: SCIENTIFIC SAFEGUARDS, INC. Current Entity Name: SCIENTIFIC SAFEGUARDS, INC. Initial DOS Filing Date: 05/03/1982 County: BRONX Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) SCIENTIFIC SAFEGUARDS, INC. 3505 E. TREMONT AVE. BRONX, NEW YORK 10465 Registered Agent NONE
Tactical Research Devices
Selected Entity Name: TACTICAL RESEARCH DEVICES, INC. Current Entity Name: TACTICAL RESEARCH DEVICES, INC. Initial DOS Filing Date: 05/19/1988 County: NEW YORK Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) C/O MURPHY & KOEHLER, ESQS 36-51 BELL BLVD BAYSIDE, NEW YORK 11361 Registered Agent NONE
Spy Shop Ltd (DBA: "The Spy Shop")
[Note: The below law firm of "MITCHELL and INCANTALUPO" is the same one who unsuccessfully acted at Jones's defense attorney during the Bank of Brazil fraud case. Jones refused to cooperate with his own law firm, and even stiffed them for the bill. The court went so far as to allow the law firm to drop Jones as a client due to his misconduct.]
Selected Entity Name: THE SPY SHOP, LTD. Current Entity Name: THE SPY SHOP, LTD. Initial DOS Filing Date: 02/22/1990 County: QUEENS Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) MITCHELL & INCANTALUPO, ESQS. 98-20 METROPOLITAN AVE. FOREST HILLS, NEW YORK 11375 Registered Agent NONE
Spy Shop International (DBA: "The Spy Shop")
Selected Entity Name: THE SPY SHOP INTERNATIONAL, LTD. Current Entity Name: THE SPY SHOP INTERNATIONAL, LTD. Initial DOS Filing Date: 12/04/1990 County: NEW YORK Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) THE SPY SHOP INTERNATIONAL, LTD. 889 FIRST AVE. NEW YORK, NEW YORK 10022 Registered Agent
Spyworld Security Systems, Ltd (DBA: "The Spy Shop")
Selected Entity Name: SPYWORLD SECURITY SYSTEMS, LTD. Current Entity Name: SPYWORLD SECURITY SYSTEMS, LTD. Initial DOS Filing Date: 08/04/1992 County: NEW YORK Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) SPYWORLD SECURITY SYSTEMS, LTD. 889 FIRST AVENUE NEW YORK, NEW YORK 10022 Registered Agent NONE
Lady Spy (DBA: "The Spy Shop")
Selected Entity Name: LADY SPY INC. Current Entity Name: LADY SPY INC. Initial DOS Filing Date: 09/30/1993 County: ROCKLAND Jurisdiction: NEW YORK Entity Type: DOMESTIC BUSINESS CORPORATION Current Entity Status: INACTIVE DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) DAVID WRIGHT, ESQ. 1010 EAST MAIN STREET SHRUB OAK, NEW YORK 10588 Registered Agent NONE
Frank Jones, DBA: Technical Services Agency (in use August 1995 -
April 1996)
This address is located near the southwestern tip of Greenwich Village, and around 1500 feet east of the Holland Tunnel. This block (#286) is located between Hudson Street and Varick Street.
NOTE: Technical Services Agency is a legitimate company in Fort Washington, Maryland. The firm is owned and operated by Glenn Whidden, and is highly respected within the security community. The company in Maryland has nothing to do with Frank's company, and it is obvious that he stole the name from Mr. Whidden. Frank Jones also stole over $13,000 of TSCM equipment from Glenn Whidden. As if that wasn't bad enough Frank tried obtaining credit under the name of "Technical Services Agency" and convinced vendors that he was associated with Glenn Whidden. This damaged Glenn's good business name, and caused him a great deal of annoyance.
Frank Jones is not in any way associated with Glenn Whidden!
Frank moved into the Spring Street office in early 1995, he paid rent for several months and then started giving the landlord excuses instead of rent checks. According to Harry Churnoff (the landlord) "Frank did not pay his rent for several months, then he simply disappeared one night without a trace. TSA left this location for after not paying rent for at least three months". Mr. Churnoff stated that "he was glad to see Frank finally leave as he was a leach".
Harry Churnoff stated that "Frank Jones rented Suite number 402, which was one of their smallest offices available, measuring just under 11 by 10 feet. Frank was paying $550 to $600 dollars a month in rent (including electricity). Harry also mentioned that Frank owes at least $1500 dollars in back rent".
The 286 Spring Street property is owned by Hudson Spring Partners (landlords and property owners). HMS Properties (the landlord) state that "Frank has not been at this location since at least January 1996". They also stated that "Frank Jones moved out late one night (around Jan-May 1996) and nobody has been able to track him down to serve him with papers".
286 Spring Street Property managed by :
Jim Mehrle at HMS Properties (the landlord) states: "Frank Jones is a cheat, thief, and liar and is not to be trusted, a very slimy character." He also stated that "mail has been piling up for months on top of the mailboxes which is addressed to TSA, phone bills, summons, court documents, etc"
Harry Churnoff (the current owner of the building states: "Frank Jones was a deadbeat who stiffed us for several months rent, he rented a tiny office on the fourth floor, and constantly had creditors chasing him. He moved out while we were trying to get an eviction order on him for not paying his rent for several months. When we checked out his references prior to him moving in everything checked OK, however; when we checked them after he left we found that all of the references were false and fabricated".
All mail sent to the 286 Spring Street address is being forwarded to:
Codex Publishing
2472 Broadway Avenue, Suite 328
New York, NY 10025
The following US Postal Office which services the address Frank was using on Spring street:
Ms. Palmer, Postal Service Supervisor
Ms Palmer stated that "on July 9, 1996 the tenant of 286 Spring Street, suite
number 402 filed a change of address with the post office".
The change of address affected the following business and personal names:
All mail is currently being forwarded to:
Mr. Cho (the mail carrier for 286 Spring Street) stated that TSA/Codex/Frank Jones/etc... stopped having mail delivered at the 286 Spring Street address back in July of 1996. He stated that all mail is currently being forwarded to 2472 Broadway Avenue, Suite 328, New York, NY 10025. He also indicated that an active change of address for is on file, and that there is still mail coming in for that address.
Frank Jones, DBA: Codex Publishing
2472 Broadway Avenue, Suite 328
New York, NY 10025
917-277-1983
This address is located between W 93rd Street and W 94th street, on Broadway in Manhattan. Physically verified that this business address is a Mailboxes Etc. location.
Verified that there are TWO Frank Jones's renting boxes here, Codex Publishing actually rents box #328. Verified that Frank Jones (250 Ehrhardt Rd, Pearl River, NY) presented a New York drivers license in order to rent box #328.
Mail located in this box indicates that it is being forwarded from Codex Publishing, 286 Spring Street, New York, NY 10013.
Dates of postmarks of mail in box #328 indicates the mail is picked up every 1 to 2 weeks.
Verified that Patrick Ware is the current manager of this Mailboxes Etc. location.
The telephone given for Codex Publishing of (917) 277-1983 is actually that of a pager with voicemail (and not a real phone number at all). What is even more curious is that Frank has previously written before in his "Crookbook" how to run a scam by using a pager or cellphone number instead of a real phone number. He claims that this will help to keep creditors, victims, and police at a distance.
According to the city of New York the business know as "Codex Publishing" does not have a business permit, nor is the business registered as required by law. The State of New York has stated that the business is neither a partnership, nor a legitimate corporation.
What the Better Business has to say about Frank Jones:
(notice that he has 13 formal complaints on record, and note the address
variations)
Click here to see the
most recent BBB File (current address)
The Codex
2472 Broadway, Suite 328
New York, NY 10025
917-277-1983
According to information in the Better Business Bureau's file:
The Bureau's file opened 10/96.
This firm has an unsatisfactory rating, which is the Bureau's lowest rating.
This firm's address is a Mail Boxes Etc. location.
This firm has received 10 complaint(s) in the last 36 months. 8 of those 10 complaint(s) were received in the last 12 months.
This firm has a pattern of not responding to complaints brought to its attention by the Bureau.
---------------
Codex Publishing
286 Spring Street
New York, NY 10013
212-989-9898
212-337-0934
According to information in the Better Business Bureau's file:
The Bureau's file opened 03/96.
This firm does not currently qualify for the Bureau's highest rating because it has not responded to a complaint brought to its attention by the Bureau.
This firm has received 3 complaint (s) in the last 36 months. 2 of those 3 complaint(s) were received in the last 12 months.
---------------
Better Business Bureau Unsatisfactory Rating
2) fail to respond to two or more complaints, or
3) answer complaints but fail to resolve the customer's problem in a significant percentage of the cases, or
4) fail to eliminate the underlying cause of complaints.
This rating is also given to firms which are the subject of major law enforcement action that calls into question the firm's marketplace integrity. In addition, this rating is given to firms which fail to substantiate or modify misleading selling and advertising practices. We issue this rating to firms which knowingly misuse the BBB name or, if pre-committed to arbitration, fail to satisfy an arbitration award.
Here is the Dirt on D.I.R.T. and Codex Data Systems (AKA: Brigadoon
Software)
D.I.R.T.
AKA: "Data Interception and Remote Transmission"
AKA: "Frankies new hoax product for 1998"
D.I.R.T. is nothing more than a simple public domain keystroke logging trojan horse with a Email forwarding function. The keystroke logging software/trojan is delivered to the victim by means of a Visual Basic trojan horse.
The program simply captures the target user keystrokes and records them into a hidden file. The software then periodically E-mails the file to an eavesdropper. The software also allows the eavesdropper to remotely control the victims computer, and even to plant evidence.
This is a fairly common high school and college prank, and every academic MIS department will see several dozen similar attacks a year. It was a cute trick when it was first attempted back in the mid 70's, but has since become a rather lame hack.
Hundreds of such programs have been circulating around for the last twenty years, many of which may be downloaded free of charge from various FTP libraries at hacker/PHreaker sites all over the world.
D.I.R.T. is claimed to be available for Win95 machine and Windows NT and 98 are promised.
One serious problem is that the intercept routine/trojan horse is easily detected by almost any virus detection software.
Also, many computers use process loggers which would cause an alarm in the event that an "un-trusted" routine attempted to execute.
Many security programs also monitor the network connection for any occurrence of suspect traffic to include "backdoor SMTP traffic".
Another problem is getting the "trojan horse" onto the target machine without causing virus detection software on the target machine to alert on the installation (virtually impossible to do).
Also, there is a serious problem in getting the software to operate without causing serious damage to the file structure of the machine. When used the software could easily corrupt the targets hard drive structure, and result in serious civil damages (to say nothing of criminal prosecution).
D.I.R.T. is very easy to detect, is virtually worthless, and should not be taken seriously. It is yet another hoax product by an individual (Frank Jones) known for a long history of scamming the public and ripping off the security and law enforcement community.
The "company" which is offering the program is actually a con artist with a very long history of similar activities.
The person behind this "company" (Frank Jones, not his real name) has a very long history of offering similar hoax devices, programs and products.
Just a fews year ago he was taking money for a "DataScan" product which resulted in a number of victims being taken for tens of thousands of dollars (and the victim received nothing of value in return). In fact he tried to get the Army to buy his product and was actually blacklisted for attempting to defraud the U.S. Government.
About every 18 months Frank rolls out a new scam, sets up a bogus corporation, and leases some cheap office space. After a while he gets evicted, or the bogus corpoation gets shutdown by the state.
This trojan horse variation was written by a college student at the University of Colorado at Denver by the name of:
http://ouray.cudenver.edu/~etschnei/
(Eric Schneider was not aware of Franks long history of scams until after
he had "gotten in too deep". Sadly, Frank and his attorney conned Eric to
signing a contract which forced him to develop the software, promote it and
to assist in the scam). Eric has since cut his ties with Frank and Codex
Data Systems.
In April 1998 Frank Jones claimed that his company (Codex Publishing) had designed the program, and that he would be introducing and demonstrating the product at a hacker convention later that month called "SpookTech98".
Shortly after the announcement Frank began using a new company name, and claimed to have a new office address (3 miles from his house):
The proper address is as follows:
Codex Data Systems
Route 304, Box 167
Nanuet, NY 10954 (Actual City Name)
His new landlord may be reached at:
Bill Press, Building Manager
Bardonia Associates
Route 304, Box 167
Nanuet, NY 10954
(914) 623-0575
(914) 425-2715
Frank moved into the new address in early July 1998, but didn't start circulating the address until early August 1998. His suite has the name "Codex Data Systems" on the door and is actually a very small office on a hall (a very, very low cost office).
If Frank follows his Modus Operandi his rent will be between $300 and $400 per month, and will include utilities. He will pay one or two months deposit, and his first months rent in advance. After the first month or two he will begin complaining about why he shouldn't pay rent further (leaking pipes, no heat, noise, security, parking, etc.) If his complaints don't get him a break on the rent he will start with the excuses about not having any money. After stiffing the landlord for 3-4 months he will vanish (or get evicted). Normally he will try to keep "the burn" below $2000 so as to avoid criminal prosecution for fraud.
According to the State of New York Frank Jones created the following corporation on April 2, 1998 in New York County.
Frank did not provide any legitimate address when he registered the corporation (other then his attorneys apartment).
Registered Agent:
Terrence L. Kawles
1350 Avenue of the America, Suite 1802
New York, NY 10019
It should be noted that this is the same attorney which Frank has been using to harass and threaten his victims if they complain too much.
This is the same attorney who unsuccessfully defended Frank when he was brought up on Felony charges a few years back.
The attorney is also listed as a Vice President of Codex Data Systems, Inc.
Several law enforcement agencies and investigators contacted Frank Jones and tried to arrange a demonstration. In each case Frank (or his attorney) had some excuse why he couldn't make the demonstration. In one case several Police Detectives (who were local to Frank and perform court ordered technical surveillance) contacted Frank about the software. He made (and then broke) eight different appointments for the demonstration.
Frank claims the software is for sale only to police yet he refuses to perform any demonstrations in a controlled environment for them.
When Frank rolls out any new product (such as D.I.R.T. or Datascan, Codex, CrookBook, etc.) he will hype it to death. He will falsely claim "that it's only to qualified governmental, law enforcement and military organizations". This type of claim tends to make the product even more desireable to those who can not legally use, buy, or possess it.
When Franks wild claims get into the media it inflames a feeding frenzy where everybody wants it. Once the frenzy has reached a peak be will begin leaching cash from his victims. Most of these victims will have nothing to do with "qualified governmental, law enforcement and military organizations".
The victims will be mostly hackers, private investigators, private spooks, and other people who cannot legally possess or uses eavesdropping products or devices. Of course these victims will complain when they receive nothing of value. When the victim complains too much, or makes any public statements Frank's attorney will start with threats and will harass the victim into silence.
Keep in mind that the unauthorized development, marketing, sale, and/or distribution of this type of software (even though it's a hoax) is a serious felony violation of U.S.C. Title III, section 1252.
The Office of the Attorney General of the State of New York may be reached at: (518) 474-7124, (518) 474-4095, and (518) 474-7311.
Alleged Law Enforcement Background
Frank has often claimed he was a "former detective and surveillance specialist with the New York City Police Department."
The alleged law enforcement background (for New York city) can be verified or debunked by simply writing (or calling) the following agency:
The NYPD Personnel Inquiry Unit was contacted via telephone, and were provided with Frank's name, various aliases, and SSN. The Inquiry Unit responded that Frank Jones had never worked as an employee of the New York Police Department. They also offered to formally respond in writing if sent a written request.
A formal written query then sent to the NYPD Personnel Inquiry Unit, which was then sent back with a formal written response that Frank Jones does not, and has not ever worked for the NYPD.
The following letter from the NYPD personnel department indicating that Frank Jones, is not, and never has been in the employment of the NYPD. The letter was signed by a B.L. Anderson from the Personnel Inquiry Unit.
When confronted with this information Frank will claim that he was in a sensitive undercover position, and that he still works for them occasionally. He claims that there is a possibility of retribution so they do not formally acknowledge his employment to protect him and the agency. Personnel within the agency found his claims to be ridiculous and laughable. (Why would the police department ever cover for him when Jones has publicly claimed to have been a NY cop?)
When the issue was "informally" discussed with several active employees at the NYPD they confirmed that in reality Frank never really worked for them, but was instead a "cop groupie and wanna-be" and confidential informant.
Alleged Background As A Private Investigator
Frank has claimed that he was/is a private investigator.
We contacted the below agency and gave them Franks name, SSN, his various company names, and various aliases. The office stated that no one by the name of Frank Jones, nor the name of Technical Services Agency, nor Technical Assistance Group, or any of his other company names (or aliases) has never been issued a Private Investigator or any other security license in the state of New York. (New Jersey and Connecticut said the same thing).
A formal written query sent to the New York State was sent back with a written response that Frank Jones is not, and has not ever been a private investigator.
The government agency which regulates investigative agencies (Private Investigators, Security Guards, etc..) within the state of New York is:
New York - Department of State
Division of Licensing Services
Attn: Investigative Unit
162 Washington Ave., 4th Floor
Albany, NY 12231
(518) 474-4429
Current Address:
250 Ehrhardt Road
Pearl River, NY 10965-1337
(914) 735-6857 Primary Number
(914) 735-0745 Computer Number
Neighborhood is primarily Single Family Dwelling, Blue Collar (50-55k Median household income). Houses are 80% owner occupied, and have a median value of $175,000 to $200,000.
Actual coordinates of the property is:
Copies of the business, tax, zoning documents and similar items can be obtained by calling the Town Hall and municipal offices at:
Town of Orangetown
Town Hall
Town Clerk - Charlotte Madigan
26 Orangeburg Road
Orangeburg, NY 10962
(914) 359-5100
(914) 359-3700
The town clerks office verified that neither Frank (nor anyone else at his address is registered to vote). Given that Frank Jones is a convicted felon he would not be able to vote anyway.
The town clerk verified that the property is zoned as a single family dwelling, and has no business permits of any sort.
The town clerk stated that Frank has not filed for any D.B.A. certificates, business license, fictitious names, or similar permits.
The town clerk stated that she is familiar with the 250 Ehrhardt Road address, and that it is a residential address, not a business address. She added that the address is located near the church located on 253 Ehrhardt Rd, she mentioned that it is some type of Asian or oriental church.
The town clerk also stated that the address has 3 mailboxes located in front of the location, and that the house is very difficult to find.
General Directions:
Located in Rockland County, just north of the New Jersey/New York Line.
Near the intersection of Interstate 87 and the Garden State Parkway.
Address is six miles west of the Tappan Zee Bridge, Two miles north-west of the Rockland Psychiatric Center
Local Directions:
Get off Interstate 87 at Exit 14 (onto Rt. 59 eastbound)
Drive 1 1/2 miles to the intersection of Rt. 59 and Rt. 304 (southbound on
Rt. 304)
Drive south on Rt. 304 for two miles and turn south (left) onto Middleton
Road
Drive 1/2 mile south on Middleton Road to the intersection of Blauvelt Road
Drive 1/2 mile east on Blauvelt Road to the intersection of Ehrhardt Rd
Frank address is on the 250 block, which is 1/2 mile up the road
Small old white house, with a long driveway
Address is located right next to (actually hidden behind):
Neighborhood Alliance Church
253 Ehrhardt Rd
Pearl River, NY 10965-1338
(914) 735-8163
Other Business/Company Names used by Frank Jones
The Spy Store
Spy World
Surveillance Van Corporation
Surveillance Van Corporation of America
SCV, Inc.
Scientific Safeguards
Technical Services Agency
Codex
The Codex
W.A.S.P.
SpookTech
Spy Shop
S3 Corporation
S3 Security
S7 Security
Spytech Inc.
Spy Tech Inc.
ST Inc.
Lady Spy
Security Management Corporation
Hi Tech
Dove Tech
Spectre Communications
Spectra Communications
TRD - Tactical Research Devices
TRD - Tactical Research and Devices
TAG - Technical Assistance Group
The Security Source - Online Spy Shop
SpyVideo
Student Athlete
CollegeScout
Codex Mall
Codex Web Site Creations
and a few others...
Each of the following name have been confirmed as names (or aliases) traced
to the variety of addresses used by the subject.
Most of these names have been used to defraud vendors, set up scams, obtain credit, and were linked to the subject by either address or phone number.
Frank Jones - This is one of his common aliases
Frank K. Jones
Hrank Jones
Harry Jones
Frank Kern
Jack Kern
Frank Kerr
Frank Kern
Franklin Kern
Jack Ryan
John K. Ryan, III
Owen Dowd
George Fuller
John Eagen
John Kelley
Jack Kelley
Fritz Lang
Fritz Lange
Tony Singleton
Tom Singleton
Frank Gray
Frank Burne
Frank Brown
Frank Singleton
Frank Cur
Frank Korn
During the Fall of 1999 (after he was convicted) Frank Jones and one of his
business associates had a rather ugly falling out, and began venting their
spleen about Frankie and his groupies. His disgruntled business associate
then posted a series of grievances to public forums via anonymous accounts;
which when properly evaluated traced to a student account at the University
of Colorado in Denver and to a government dial-up account in Australia. The
funny thing is that Jones and crew had absolutely no idea who the anonymous
poster was, had no idea how to trace them, and was frantic to shut them down.
In an attempt to discover who the "anonymous poster" was Frank and his merry band of groupies tried to file a bogus lawsuit, but it backfired, fell apart, and it was dismissed by the court. But this didn't stop Frank and friends from issuing a series of bogus subpoena's, all of which where laughed at and blown off by other attorneys and the court as not being legitimate.
At IAS Part 47 of the Supreme Court of the State of New
York in and for the County of Rockland, held at the
Courthouse at One South Main Street, New City, New
York 10956 on the 10th day of November, 1999.
P R E S E N T:
Hon. William E. Sherwoood CONFORMED COPY
Justice, as Duty Judge
In the Matter of the Application of
FRANCIS E. JONES and
CODEX DATA SYSTEMS, INC.
For an Order to Examine
Teleport Internet Services d/b/a teleport.com, iVillage, Inc. d/b/a
iVillage.com, Deja.com, Inc. d/b/a deja.com and my-deja.com, Technology
Park Malaysia Corporation Sdn. Bhd. d/b/a waumailcom, Indigo Interactive,
Inc. d/b/a freemail.com.au, Tai Wo Ng d/b/a gigileung.com, HomePage.com,
Inc. d/b/a homepage.com, Zyris Ltd. d/b/a/ "zyworld.com" and
"John Does" 1-50, and "XYZ Corp." 1-50,
Before Trial, Prior to Instituting Suit.
Index No. 6649/1999
ORDER TO SHOW CAUSE
Assigned to:
Hon. Robert R. Meehan
Upon the reading and filing of affidavit of Francis E. (Frank) Jones, sworn to on
the 8th day of November, 1999 and the exhibits annexed thereto, and the
affirmation of Terrance L. Kawles dated November 8th, 1999,
LET, Teleport Internet Services (d/b/a teleport.com), iVillage, Inc. (d/b/a
iVillage.com), Deja.com, Inc. (d/b/a deja.com and my-deja.com), Technology Park
Malaysia Corporation Sdn. Bhd. (d/b/a waumailcom), Indigo Interactive, Inc.
(d/b/a freemail.com.au), Tai Wo Ng (d/b/a gigileung.com), HomePage.com, Inc.
(d/b/a homepage.com), and "John Does" 1-50, and "XYZ Corp." 1-50, show cause
before a Term Part 47, of the Court to be held at the Courthouse (Room 5), One
South Main Street, New City, New York, on November 24, 1999, at 9:30 a.m. in the
forenoon or as soon thereafter as counsel can be heard, why this Court should not
(a) compel Deja.com, Inc. to remove all defamatory references to Codex Data
Systems, Inc. (a/k/a as "CDS," "Codex"), Francis E. Jones (a/k/a "Frank Jones"
and "SpyKing") and The Digital Detective Workshopª (a/k/a "DDW"); (b) compel
various Internet service providers to respond to plaintiffs' Subpoenae Duces
Tecum, pursuant to CPLR 3102(c), and bring with them all records relating to the
information requested within said Subpoenae, and (c) compel the named, and
future, Internet service providers to comply by a date certain fixed by the
Court, and plaintiffs should not have such and other and further relief as the
Court believes just and equitable.
The above-entitled action will be brought for an action in defamation,
harassment, intentional infliction of emotional distress, extortion, conspiracy
and business interruption against heretofore unknown defendant(s).
Sufficient cause appearing therefore it is further
ORDERED that service of a copy of this Order and the papers upon which it is
based upon the deponents at their last known addresses by facsimile or electronic
mail on or before the 17th day of November, 1999 shall be deemed good and
sufficient and service.
Received: from mail3.new-york.net (165.254.2.58) by mail.tco.com with ESMTP
(Eudora Internet Mail Server 2.2.2); Fri, 5 Nov 1999 05:23:36 -0500
Received: from smtprelay02.freemail.com.au (syntsq01.bytethis.com.au [203.29.21.8])
by mail3.new-york.net (8.8.8/8.8.8/NYNET-2.2-NORELAY) with ESMTP id FAA10040 for
; Fri, 5 Nov 1999 05:23:35 -0500 (EST)
Received: from freemail.com.au ([203.29.21.31]) by smtprelay02.freemail.com.au
with Microsoft SMTPSVC(5.5.1877.197.19);
Fri, 5 Nov 1999 21:15:28 +1100
From: "CANT HIDE THE TRUTH "
To: ddwreg@codexdatasystems.com, tkawles@tco.com, cds@ucs.net,
sales@codexdatasystems.com, farokh@mcf.com
Subject: You just don't get it yet,,, do you ?
Date: Fri, 05 Nov 1999 21:25:13 +1100
Message-ID: <073aa28151005b9SYNTSQ01@smtprelay02.freemail.com.au>
You just don't get it yet,,, do you ?
TERRY KAWLES CANT HIDE THE TRUTH ABOUT THE FRAUDULENT DIGITAL DETECTIVE WORKSHOP,
SO HE TRIES TO ATTACK ANYBODY HE THINKS HE OR HIS PARTNER FRANK JONES MAY HAVE
SCREWED IN THE PAST, IS HE SO DEVOID OF ANY BRAINS
THAT HE CANT SEE THAT THERE ARE AT LEAST 19 PEOPLE NOW THAT HAVE JOINED TOGETHER
TO SHUT HIM DOWN AND RID THE WORLD OF THE CONVICTED FELLON [sic] FRANK JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO CLOSE DOWN THE DDW SCAM ONCE AND FOR ALL,
WHILE AT THE SAME TIME, WARNING EVERYONE ABOUT THE CRIMINAL AND FRUADULENT [sic]
OPERATIONS OF CODEX DATA SYSTEMS!
KISS KISS,,,,,---------------------------------- (Emphasis added..) (A copy of
this email is annexed hereto as Exhibit "B.")
Anonymous Email and Web sites
15. These unknown defendants take advantage of free web site services to post
defamatory and abusive material as a central repository. They then send anonymous
emails to hundreds of people that would normally not receive their publications
(due to anti-spamming software on their computer) hoping that they will go to
this repository to view the material. The following ISPs have been used to host
such websites:
a. zyworld.com; (UK)
b. iVillage.com; and (New York)
c. Homepage.com.(California)
16. This list is continually subject to revision because the defendants move on
to other free web sites when CDS is successful in closing down any newly
discovered web site. (Copies of administrative contacts for each of the ISPs
above in ¦¦ 13-15 are annexed hereto as Exhibit "C."
ISP Response to Requests for Information
17. Plaintiffs methodically register complaints with all ISPs that either host
free web sites, free email, or archive the public postings of defamatory and
unfairly competitive materials. Universally, they all require a court order
before they will remove this defamatory material and/or divulge all potential
information that can be used to identify the defendants. Such information is the
ONLY way that plaintiffs can launch an investigation to discover of the actual
identity of the defendant(s). Examples of information required in order to seek
the identity of the defendant(s) in this action are, without limitation, the
following:
a. Registration name, address, telephone or email information;
b. Log-in information about the defendants' contact with these ISPs in order to
(i) send an email message; or (ii) send information to their respective free web
sites;
c. The ISP log-on number and/or the telephone number from which the defendant
logged-on.
18. Once this information is received, the investigation is still not completed.
Chances are the registration information given by the defendant(s) is fraudulent,
requiring a second level of inquiry at the ISP log-on level. Based upon the
information received from the ISPs of the free email and web site hosts,
plaintiffs will then discover the original source of the material from the ISP
from which the defendant(s) uses to log on to the Internet.
Deja.com, Inc.as Newsnet Archive
19. Deja.com, Inc. (d/b/a "www.deja.com" and "www.my-deja.com") is, according to
its own press release, "the most comprehensive newsgroup search utility on the
World Wide Web, [providing] the availability of more than 14 months of searchable
Usenet newsgroup postings[.] * * * [This] archive now offers site visitors more
than 15,000 newsgroups and serves more than 80 million articles, thereby
establishing itself as the largest text database on the Internet today."
20. In general, most email posts to Usenet newsgroups expire within a calendar
month and are removed. Therefore, if any defamatory or abusive material is
posted, its shelf life is no more than 30-60 days.
21. Unfortunately, Deja.com, Inc. unwittingly not only archives such defamatory
or abusive postings beyond the 30-60 day range into well over 14 months, it also
provides a comprehensive search engine to find it. Therefore, individuals or
companies whose goal is to use such posts as part of an orchestrated "smear"
campaign are many times successful due to the utilization of Deja.com, Inc.'s
archives and search engines.
22. Unfortunately, although this material violates Deja.com, Inc. usage policy
(which gives Deja.com, Inc. sole discretion to determine such violations),
Deja.com, Inc. will not act to remove such material unless and until they receive
a judicial order to do so. A copy of a letter from Michael B. Sapherstein,
Associate Counsel for Deja.com, Inc. dated October 27, 1999, is annexed hereto as
Exhibit "D."
The Civil Court Action
23. Despite ongoing efforts to ascertain the identity of those perpetrating these
wrongdoings, we have been unable to secure such information without a judicial
order and/or subpoena . Copies of reply letters and emails from various Internet
service providers are annexed hereto as Exhibit "E."
24. Without the information that is in the Internet service providers'
possession, we lack the information necessary to accurately draw a complaint and
name (and serve) the actual defendant(s) in this matter.
25. Despite all of CDS's effort to resolve the matter outside judicial
intervention, we must now seek judicial intervention in order to properly begin
an action.
WHEREFORE, deponent prays for an order, (a) compelling Deja.com, Inc. to remove
all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex")
Frank Jones (a/k/a "SpyKing") and The Digital Detective Workshopª (a/k/a "DDW");
(b) compelling various Internet service providers to respond to their Subpoenae
Duces Tecum, pursuant to CPLR 3102(c), and bring with them all records relating
to the information requested within said Subpoenae, and (c) compelling the named,
and future, Internet service providers to comply by a date certain fixed by the
Court as well as any such other and further relief as to the court may appear
just and proper.
/s/ Francis E. Jones
Sworn to before me this 8th
day of November, 1999.
Terrance L. Kawles
Notary Public
[SEAL]
Posting History Member Profile
** CONSUMER WARNING **
DON'T BOTHER WITH HIS SO CALLED DIGITAL DETECTIVE WORKSHOP
ON DEC 3RD. IT'S A CRIMINAL SCAM, HE SELLS AND PROMOTES FREE
SHAREWARE AS IF HE CODED IT AND IS THE ONLY ONE YOU CAN GET
IT FROM, BEWARE, YOU WILL BE WASTING YOUR MONEY AND TIME,
THIS GUY IS A TOTAL CON MAN AND SCAM ARTIST, BEWARE!
DONT GET SCREWED !
Sent via Deja.com http://www.deja.com/
Before you buy.
Posting History Member Profile
TERRY KAWLES CANT HIDE THE TRUTH ABOUT THE FRAUDULENT
DIGITAL DETECTIVE WORKSHOP, SO HE TRIES TO ATTACK ANYBODY
HE THINKS HE OR HIS PARTNER FRANK JONES MAY HAVE SCREWED
IN THE PAST, IS HE SO DEVOID OF ANY BRAINS THAT HE CANT SEE
THAT THERE ARE AT LEAST 19 PEOPLE NOW THAT HAVE JOINED
TOGETHER TO SHUT HIM DOWN AND RID THE WORLD OF THE
CONVICTED FELLON [sic] FRANK JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO CLOSE DOWN THE DDW
SCAM ONCE AND FOR ALL, WHILE AT THE SAME TIME, WARNING
EVERYONE ABOUT THE CRIMINAL AND FRUADULENT OPERATIONS OF
CODEX DATA SYSTEMS!
KISS KISS,,,,,
Sent via Deja.com http://www.deja.com/
Before you buy.
Received: from mail3.new-york.net (165.254.2.58) by mail.tco.com with ESMTP
(Eudora Internet Mail Server 2.2.2); Fri, 5 Nov 1999 05:23:36 -0500
Received: from smtprelay02.freemail.com.au (syntsq01.bytethis.com.au [203.29.21.8])
by mail3.new-york.net (8.8.8/8.8.8/NYNET-2.2-NORELAY) with ESMTP id FAA10040
for ; Fri, 5 Nov 1999 05:23:35 -0500 (EST)
Received: from freemail.com.au ([203.29.21.31]) by smtprelay02.freemail.com.au
with Microsoft SMTPSVC(5.5.1877.197.19);
Fri, 5 Nov 1999 21:15:28 +1100
From: "CANT HIDE THE TRUTH "
To: ddwreg@codexdatasystems.com, tkawles@tco.com, cds@ucs.net,
sales@codexdatasystems.com, farokh@mcf.com
Subject: You just don't get it yet,,, do you ?
Date: Fri, 05 Nov 1999 21:25:13 +1100
Message-ID: <073aa28151005b9SYNTSQ01@smtprelay02.freemail.com.au>
You just don't get it yet,,, do you ?
TERRY KAWLES CANT HIDE THE TRUTH ABOUT THE FRAUDULENT DIGITAL DETECTIVE
WORKSHOP, SO HE TRIES TO ATTACK ANYBODY HE THINKS HE OR HIS PARTNER
FRANK JONES MAY HAVE SCREWED IN THE PAST, IS HE SO DEVOID OF ANY BRAINS
THAT HE CANT SEE THAT THERE ARE AT LEAST 19 PEOPLE NOW THAT HAVE JOINED
TOGETHER TO SHUT HIM DOWN AND RID THE WORLD OF THE CONVICTED FELLON [sic]
FRANK JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO CLOSE DOWN THE DDW SCAM ONCE AND FOR
ALL, WHILE AT THE SAME TIME, WARNING EVERYONE ABOUT THE CRIMINAL AND
FRUADULENT OPERATIONS OF CODEX DATA SYSTEMS!
KISS KISS,,,,,
----------------------------------------
Get your own free email account at
http://www.freemail.com.au/
----------------------------------------
Received: from smtprelay02.freemail.com.au (203.29.21.8) by mail.tco.com with
ESMTP (Eudora Internet Mail Server 2.2.2); Thu, 4 Nov 1999 19:22:50 -0500
Received: from freemail.com.au ([203.29.21.31]) by smtprelay02.freemail.com.au
with Microsoft SMTPSVC(5.5.1877.197.19);
Fri, 5 Nov 1999 11:15:20 +1100
From: "Derek O'Neil"
To: tkawles@tco.com
Subject: ddwscam@freemail.com.au
Date: Fri, 05 Nov 1999 11:25:15 +1100
Return-Path: Postmaster@freemail.com.au
Message-ID: <0701b20150005b9SYNTSQ01@smtprelay02.freemail.com.au>
Hi Terrance,
I have disabled the ddwscam@freemail.com.au account for breach of our terms of
service, as well as:
ddwfelon@freemail.com.au
ddwfraud@freemail.com.au
ddwcrooks@freemail.com.au
As per your request for logs and copies of emails, I am unable to provide these
under restrictions imposed by Australian Privacy Laws. Such a request needs to
come via an Australian Court Order or from one of the Australian Police Services.
It would be appropriate to contact your local law enforcement agency and request
they liase with an Australian Police Service to obtain this information.
Yours,
Derek O'Neil
freemail.com.au System Administrator
----------------------------------------
Get your own free email account at
http://www.freemail.com.au/
----------------------------------------
(by way of "Terrance L.
Kawles, Esq." ) (by way of FJ
)
Subject: Your Complaint
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii"; format=flowed
Mr. Kawles - Your complaint dated October 23, 1999 which was delivered by
e-mail to Ted Silverman of iVillage Inc. was referred to me. iVillage Inc.
has investigated your complaint and the allegations you have raised and is
internally addressing them with the allegedly offending member pursuant to
iVillage's Terms of Service. If you wish iVillage Inc. to release this
member's identity and other personal information to you, you will have to
present to iVillage a subpoena or other valid court order requesting this
information. Please contact me if you have any questions regarding this
matter.
Michael A. Gilbert
Associate General Counsel
iVillage Inc.
212 Fifth Avenue
New York, New York 10010
(212) 206-3167
(212) 689-9854
The information transmitted is intended only for the person or entity to which it
is addressed and may contain confidential and/or privileged material. Any review,
retransmission, dissemination or other use of, or taking of any action in
reliance upon, this information by persons or entities other than the intended
recipient is prohibited. If you received this in error, please contact the sender
and delete the material from any computer.
FYI: If you doubt the authenticity of any of the documents on this page
then we strongly encourage you to contact the responsible agency and verify
the information for yourself. Frank Jones and his crew has a long history
of claiming that copies of official government documents are forged, and
that he is being victimized... Feel free to verify, in fact it is strongly
encouraged.
To top off the whole thing there is the 1990 article in the New York Times
Newspaper that was written about the same time Frank was setting up his "SpyShop"
in New York. It was his illegal conduct during this time that got him convicted
of federal felonies, and arrested for felony fraud. One the one hand he claims
to be selling illegal bugs (in this article), then he tries to openly sell
them in 1995 and 1996 via his website. He changes his story when he gets
arrested (claiming he was innocent), and then finally confessed to criminal
activity when he discovers that evidence against him is so damning.
[Commentary and Analysis of the article are in red brackets]
The New York Times June 3, 1990, Sunday, Late Edition - Final SECTION: Section 1; Part 2, Page 50, Column 1; Style Desk LENGTH: 627 words HEADLINE: LIFE STYLE; Electronic Snooping: It's Not Just for Spies BYLINE: By RON ALEXANDER BODY: So, what you've always longed for is a vehicle tracking system: it sprays a tracking fluid on the road that is virtually invisible to all but the vehicle in pursuit. Long no more: there's a new store in New York where you can purchase one for $595. (Father's Day, after all, is just around the corner).
Also See:
Forbes Debunks Codex, Felon Frank Jones, and his DATASCAN product [August 10, 2000]
Trojan lets cyber-cops plant bogus evidence [April 5, 2001]
Reg duped by crime-busting D.I.R.T Trojan [April 6, 2001]
Law-enforcement DIRT Trojan released [March 14, 2002]
Super DIRT Trojan to infect indiscriminately [March 18, 2002]
Cyber cops & security orgs: DIRTy, stupid and out of control [March 18, 2002]
Aussie cops and Feds use DIRT [March 19, 2002]
D.I.R.T. found to be C.R.A.P.[March 18, 2002]
dirty-antisec.htm Dirty AntiSec - DIRT's Firewall Disabler [April 7, 2002]
dirty-toast.htm T.O.A.S.T. - DIRT's Dirtier DDoS [April 5, 2002]
dirty-spock.htm DIRTy SPOCK - NSA Meeting Minutes [April 4, 2002]
dirt-safrica.htm DIRT and South Africa [March 21, 2002]
dirt-author.htm DIRT's Author [March 19, 2002]
dirty-hope.htm H.O.P.E. - DIRT's Dirtier Trojan Spy [March 17, 2002]
dirt-guide.pdf DIRT Reference Guide/Operations Manual (PDF) [March 16, 2002] (690KB)
dirty-jones.htm DIRT/Frank Jones Conviction and Probation Docs [December 19, 2001]
dirty-lantern.htm DIRT-Magic Lantern Firm Barred from Gov Work [December 19, 2001]
DIRT-bags.htm The DIRT on Big Brother [July 4, 2002]
dirty-secrets2.htm Data Interception by Remote Transmission [June 2, 2001]
dirt-feedback.htm DIRT Release Feedback [March 19, 2002]
dirt-guide.htm DIRT Reference Guide/Operations Manual (HTM) [March 16, 2002]
moredirt.zip Enabled DIRT Program - Use Illegal! (1.2MB) [March 15, 2002]
dirty-war.zip DIRT Program, Installation and User Guide [March 14, 2002] (2.4M)
DIRT-spy.htm DIRT Demonstration in 1998 [June 9, 1998]