SOURCE: A Just Cause

A Just Cause

November 04, 2015 07:48 ET

Are the Actions of US Attorney John Walsh Hypocritical as His Office Ignored Federal Laws to Wrongfully Convict the IRP6, Questions Advocacy Group, A Just Cause

A Just Cause Is Baffled by John Walsh's Talk on Criminal Justice Reform and Race at the White House While His Actions in the IRP6 Case at Home in Colorado Suggests Hypocrisy

DENVER, CO--(Marketwired - November 04, 2015) - A Just Cause (AJC) was astonished and alarmed with recent news that Colorado United States Attorney John Walsh is advising Attorney General Loretta Lynch and joining President Obama to comment on issues of race and criminal justice reform. This is particularly disconcerting after Walsh's detached and indifferent treatment of the IRP6, who reached out to him with a proffer and substantial evidence that they never committed a crime.

"The IRP6s proffer never received so much as an acknowledgment from Walsh. Even after the IRP6 traveled to Walsh's office to meet with him face-to-face to discuss the case, he refused. His actions have never shown him to be someone who is genuinely interested in justice or reform. I was just taken aback by Walsh's comments in the recent articles because they were the height of hypocrisy," says Lamont Banks, Executive Director of A Just Cause.

The article, 'How Can We Fix the Criminal Justice System?' states, "Today, Walsh is weighing if his own actions and those of his colleagues worked -- or if the system went too far." The article notes that the crime rate has dropped since the 1990s, but the federal prison population has tripled according to the United States Sentencing Commission.

"Walsh and his colleagues are responsible for the influx in non-violent offenders into the criminal justice and prison system. It would stand to reason that they are to blame when evidence shows that US Attorney Walsh all but ignored the proffer submitted by the IRP6. When presented with hundreds of pages of evidence to specify business intent and justify every business decision by IRP Solutions, USA Walsh, in essence, conceded that the proffer offered substantial credibility to the IRP6s claim. Instead of using that evidence to drop the case, which was clearly civil rather than criminal, Walsh only offered a plea deal to the IRP6. A plea deal for a count of conspiracy, which still held a sentence maximum of 20 years," recalls Cliff Stewart, an A Just Cause executive.

"How is it perjury to lie to the federal government except when they want you to lie, then it's called a plea deal?" ponders Stewart. "Furthermore, Walsh had full knowledge of the collusion between his employee, Assistant US Attorney Matthew Kirsch, and Judge Christine Arguello, in their mishandling of evidence, gathering financial records of IRP6's church without subpoena, violation of due process, and violation of Constitutional rights. How can one speak to criminal justice reform when they are a direct connection and causation of the break down in the system to begin with?" questions Stewart.

Walsh and his colleagues are also responsible for the deeper problem of overcriminalization. "A Just Cause asserts that overcriminalization and excessive sentencing are not only a problem in drug related offenses, that are now receiving media attention and early releases, but also white collar crimes as well as any crime where African Americans or Hispanics are the offenders. Sentences in these cases need to undergo the same scrutiny that is in progress for non-violent drug offenses now to continue making reductions in the overcrowded US prison population," states Banks.

President Obama is on a two-week tour across the nation discussing criminal justice reform and recently sat on a White House panel where Walsh joined as the lead of the Attorney General's Advisory Council, a group of 17 US Attorneys, who are guiding criminal justice reform nationwide (http://www.9news.com/story/news/local/2015/11/02/john-walsh-criminal-justice-reform-president-obama/75064470/).

"The fact that US Attorney John Walsh sits in meetings with President Obama about criminal justice reform is a disgrace to his office and a clear look at true hypocrisy," remarks Banks. "US Attorney John Walsh is responsible for conspiring with Federal Judge Christine Arguello to convict six IT professionals, known as the IRP6, who set out to create software to attack and cripple all networks of terror that threaten the security of the United States. Still, he chose through corruption, lies and violations of the Constitution of the United States to secure a conviction of the IRP6 without cause," concludes Banks.

"He not only targeted the IRP6, but he also broke federal law by working with the corrupt IRS to go into church bank accounts, the bank account of the pastor, Rose Banks, and personal bank accounts of church members without a warrant or subpoena. For Walsh to sit down with the President and appear as an advocate for justice is an outrage and must be exposed!" exclaims Banks. "I implore President Obama and Attorney General Lynch to look into US Attorney John Walsh's record and his blatant disrespect for the Constitution, his use of racial profiling to maliciously target and convict the innocent IRP6 must not be tolerated! He is a clear perpetrator of justice. Walsh is the cause of the problem, and has no place in fixing the problem," concludes Banks.

In the article, 'US Attorney for Colorado Talks Race and Justice Reform,' Walsh states, "It became clear pretty early on that... it was having disproportionate impact on African Americans and Hispanics... When we see disproportionate numbers, of minority communities represented in jail, we have to take a step back and say 'Okay, what does this say about our criminal justice system?' but also, 'What does it say about our society as a whole?'"... We have a lot to work on... " says Walsh.

"Walsh has contributed to the disproportionate targeting and sentencing of minorities. It's US Attorneys just like Walsh, who are the reason prisons are overcrowded and racial imbalances are at play. Walsh absolutely played a role in putting the IRP6 in prison, five black executives and one white. US Attorneys and Judges, just like Walsh, are 100% to blame for the outcomes that President Obama is driving to reform today," remarks Banks.

The Justice Department notes, "The incarceration rate of blacks was seven times that of whites... Today, African Americans make up 37.7 percent of the federal prison population, compared with 13.2 percent of the overall U.S. population" (http://www.9news.com/story/news/politics/2015/11/03/john-walsh-race-justice-reform/75082480/).

"It's well known fact that wherever there are blacks, disparities exist. A black man and a white man can commit the same crime and have vastly different sentences. It is inappropriate and absurd for Walsh and his committee to advise Attorney General Loretta Lynch, an African American woman, who came up in the civil rights era, on the issues of race in criminal justice system. Ms Lynch is smart enough to know what reform should look like, since she's lived the African American experience, and is well aware of the racism that permeates this nation and the justice system on a whole. No matter the race, US Attorneys need to look at every bit of evidence that supports innocence before putting people away. These decisions affect families. Walsh is quoted as saying, 'We can protect public safety and we don't need to put so many people in jail for as long while we're doing it.' He stood by while six innocent executives, with no criminal records, were sentence to 7-11 years in prison. A Just Cause finds it appalling that Walsh never sought to hear them out or even respond to their proffer. It is inconceivable that he would put the IRP6 in prison without any evidence to support a crime," declares Banks.

Walsh refers to rewarding his prosecutor and alludes to the system not being perfect. Banks questions "Why do prosecutors need a reward? When does justice need rewarding? Walsh states he isn't perfect, but he's not even striving. He's proved corrupt in his dealings with the IRP6 case. A Just Cause is thankful for the bipartisan group on Capitol Hill that is looking into reform, but Walsh simply doesn't belong in that number. What does it say about John Walsh who now wants to pay lip service to reform because it's a hot topic? It doesn't matter what you say about criminal justice reform, it's what you do -- don't be a part of the problem. Walsh was a very significant part of the problem in the IRP6 case," concludes Banks.

"AG Lynch should reevaluate her reliance on any recommendation by a person with such blemishes in their track-record and USA Walsh should bow out of the position of Advisor for criminal justice reform. This position should be held by a person with high moral tenets and an aptitude toward justice, not corruption," affirms Stewart.

The IRP6 are six executives that worked at IRP Solutions Corporation, which was raided by the FBI in February 2005. After the raid, false charges of mail and wire fraud were brought against the six executives -- David A. Banks, Kendrick Barnes, Demetrius K. Harper, Clinton A. Stewart, Gary L. Walker, and David A. Zirpolo -- who were all tried and wrongly convicted in 2011 for failure to pay debts to staffing companies related to completing software development work for sales to law enforcement agencies, specifically the Department of Homeland Security and the New York City Police Department (D. Ct. No. 1:09-CR-00266-CMA).

For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org.

Related press releases: http://www.a-justcause.com/#!2015-press-releases/cl69

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