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Follow on Google News | Overcriminalization Leads to 135-month Prison Sentences for Colorado BusinessmenFriends of Justice and A Just Cause release report showing defendants not allowed to prove legitimacy of business practices and case ends in stiff prison sentences
By: A Just Cause “Proving the legitimacy of our business was key to our defense,” says David Banks, COO of IRP Solutions. “We were not allowed to show our involvement with agencies like the Philadelphia Police Department," A Just Cause announces the release of an investigative report by Dr. Alan Bean, Executive Director of Friends of Justice. "Dr. Bean's report takes a look at this story from various angles," says Sam Thurman of A Just Cause. "It compares IRP's business to other IT businesses and it points to signs of overcriminalization," In "Money for nothing: how racial bias destroyed six lives, stymied a black owned business and outraged an entire congregation," A report by the House Appropriations Committee's surveys and investigations staff shows that the FBI's failed Virtual Case File was budgeted at $170 million. http://www.usnews.com/ “The government tried to say that our debt was large, when in actuality, it was small when compared to other major software development efforts," says Banks. “We accrued normal business debt and we made good faith decisions in an effort to settle that debt. We were prevented from executing business, and our actions were deemed criminal," adds Banks. Court documents show that IRP6 presented a proffer with communications showing their involvement with Philadelphia PD. Corporate communications show Banks offering the software solution to Everett Gillison, Deputy Mayor of Public Safety with the City of Philadelphia. David Banks says, “We are so confident that our software solution would improve law enforcement operations and efficiency (for Philadelphia) “We hoped that when they (Philadelphia) Court documents show that on January 19, 2009, Lorelie Larson with the Philadelphia Office of the Inspector General informed Banks, “All of the OIG staff is very excited about this venture.” A month later, Gery Cardenas, Director of Information Technology for the Philadelphia Police Department was telling FBI agent Jennifer Ngo that “PPD was very close to having the (CILC) product installed prior to the discovery of the IRP Solutions investigation.” Court records show that the defendants submitted a proffer showing where Philadelphia officials were informed by the Denver U.S. Attorney's office that IRP Solution would soon be indicted. Analysis of timelines reveals that it would be six months before the government presented the IRP Solutions case to a grand jury. Dr. Bean reviews this and other compelling situations in his narrative. friendsofjustice.wordpress.com/ “How can someone predict that an indictment is coming,” ponders Gary Walker, CEO of IRP Solutions. “It was this type of interference and black-balling that prevented us from generating revenue and taking care of our debt. As long as we were prevented from generating revenue, and we were not allowed to bring it up during the trial, the government had their case right where they wanted it,” Walker states. After conducting nearly 100 interviews, Bean states, “The general belief was establishing the viability of their (IRP’s) product would lead to... cash flow and the ability to finally discharge the company’s debt.” “Our review shows that several things went wrong in this case”, says Sam Thurman of A Just Cause. “Not only were the guys not allowed to bring in expert witness testimony, they were not allowed to present evidence to show how they were conducting business that would have helped them resolved their outstanding debt," adds Thurman. Analysis, done by A Just Cause and Friends of Justice determined that IRP Solutions had a critical niche to fill in law enforcement. “When 9-11 occurred, we saw there was a breakdown in communications between agencies. CILC was the software that was needed to allow local, state and federal law enforcement agencies to communicate with each other effectively,” “If progress had not been impeded by the investigation, raid, trial, conviction and imprisonment of the IRP Solutions executives, the law enforcement community would have had CILC as a valuable weapon in its arsenal,” stated Lynette Campbell of A Just Cause. “It seems like the government was working against itself,” added Campbell. "The Heritage Foundation defines overcriminalization in such a way that I think it fits with what happened in the IRP6 case," concludes Thurman. The Heritage Foundation defines overcriminalization as, "...the trend to use the criminal law rather than the civil law to solve every problem, to punish every mistake, and to compel compliance with regulatory objectives. Criminal law should be used only if a person intentionally flouts the law or engages in conduct that is morally blameworthy or dangerous (http://www.heritage.org/ For Dr. Bean's complete narrative visit friendsofjustice.wordpress.com/ Related story: Denial of Evidence Impacts Federal Criminal Case Against African American Businessmen in Colorado Says Report from Friends of Justice and A Just Cause http://www.prweb.com/ For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org (Case of the IRP 6 is currently under appeal - US District Court for the District of Colorado, Honorable Christine M. Arguello, D. Ct. No. 1:09-CR-00266- End
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