By Jueseppi B.
We forget to think about all the wrongly imprisoned. There is no National Holiday for them.
Take time out this Labor Day, while celebrating various labor associations & the last days of summer, to think of those imprisoned in American jails & prisons unjustly because of racism, poverty, lack of competent legal representation and corrupt judicial officials.
IRP-6 Children Making Their Voice Heard
Published on Apr 2, 2013
This video is about Make Your Voice Heard
IRP-6 Needs Justice!
Published on Apr 2, 2013
Artist: H.A Jabar/Robert Gates
Video Produced by: TMM Productions
Take a moment while celebrating Labor Day, to say a prayer, or send a good wish to the IRP6.
Thank You. Happy Labor Day.
These 6 businessmen have been tried, convicted and imprisoned all because they invented a software program the federal government and the “big boys”, such as IBM, wanted. These 6 businessmen are now in prison, snatched from family and their lives, for being brilliant and following their American dream.
I am asking you to to TAKE ACTION and/or blog about this injustice done these 6 men.
A Just Cause and Friends of Justice, Advocates for Judicial Reform to Prevent Wrongful Convictions, Seek Congressional Inquiry into Missing Transcript in the IRP6 Case
Six executives of IRP Solutions appeal their criminal case, where they are convicted of conspiracy, mail and wire fraud.
Denver, Colorado (PRWEB) May 07, 2013
A Just Cause and Friends of Justice have been investigating a Colorado federal criminal case involving six businessmen believed to have been wrongly convicted. “This is a case involving six executives of a software development company called IRP Solutions Corporation,” says Sam Thurman of A Just Cause. “A Just Cause, Friends of Justice and other advocates for the defendants refer to the case as the IRP6
What Color is the American Dream? The IRP-6 Story (Documentary Trailer)
Published on Apr 21, 2013
What Color is the American Dream?
The IRP-6 Story: An American Dream Turned Nightmare
A story of six software developers being accused, tried, wrongfully convicted, and sent to prison. It looks at how big business and corrupt courts can unjustly snatch your freedom.
read more at freetheirp6.org
A Just Cause a-justcause.com
Jabar International hajabar.com
Isiah One Seventeen.
H.A. Jabar Describes the IRP-6 Incident in Context of Minister Farrakhan’s 52 week Lecture Series
Published on Mar 23, 2013
H.A. Jabar, CEO and Founder of Jabar International, describes the unjust practices of the FBI and Justice Department as it relates to 6 wrongly convicted IT executives in Colorado. After elaborating on this movie like drama, H.A. Jabar points the IRP-6 and viewers to a most timely message from his spiritual teacher.
IRP6 Confidential Tip Line: 1-877-573-5554
Court records show defendants as Kendrick Barnes, Gary L. Walker, Demetrius K. Harper, Clinton A. Stewart, David A. Zirpolo and David A. Banks.
After reviewing court records, A Just Cause and Friends of Justice are convinced that this case represents the dark side of our justice system. “This is a story about how prosecutorial tunnel vision created a tragic communication failure,” says Dr. Alan Bean, Executive Director, Friends of Justice.
“Anyone that looks at this case says that it should have been handled as a civil matter from the very beginning. We trust that the appellate process works to give justice to the IRP6,” says Thurman. “Court documents even show an FBI letter dated August 8, 2005 from Supervisory Special Agent Jean Andersen, Denver Division, replying to an alleged victim of the IRP case, that it was a civil matter and there was no basis for criminal action,” adds Thurman. But, Assistant United States Attorney Matthew Kirsch pursued prosecuting the case. According to a 2005 search warrant affidavit, the men were accused of mail and wire fraud. The indictment did not come until June, 2009. Trial and conviction occurred in 2011.
According to court documents, the six Colorado businessmen developed software which could be used by law enforcement agencies like the Department of Homeland Security and the New York City Police Department.
Trial records show that the men defended themselves pro se. “Our court appointed attorneys were not doing their job to put together a viable defense,” says Gary Walker, CEO, IRP Solutions Corporation. “They wanted us to do a plea deal,” Walker adds. The case is currently under appeal based on Fifth Amendment Prohibition of Compulsory Testimony, Sixth Amendment Right to Present a Defense and Speedy Trial Act Violation.
The prosecution rested its case nearly a week and a half earlier than anticipated. As a result, defense witnesses were not available to testify. During a sidebar discussion, Judge Christine M. Arguello stated that the defendants would need to take the stand or she would rest their case for them. “If we didn’t take the stand and the judge rested our case, it would have eliminated any opportunity to present a complete defense,” recalls David Banks, COO IRP Solutions Corporation.
When the defendants requested the transcripts for the date of October 11, 2011, they discovered the sidebar discussion was missing. “That short sidebar discussion implicates Judge Arguello making statements that violated our Fifth Amendment right against being compelled to testify in a criminal trial,” says Banks. “We had absolutely no intention of testifying. We were forced to either testify or kiss our defense goodbye,” Banks adds. “This makes you step back and say, ‘What? In America? This happens in America?’”
“The Court Reporters Act, 28 U.S.C.A 753(b) makes it mandatory by Congress, that a court reporter shall record all proceedings verbatim in criminal cases held in open court which includes sidebars”, says Attorney Gwendolyn Solomon (attorney for five of the six defendants). According to Solomon the statute reads, “…all original notes are required to be preserved and available in the clerk’s office. The reporter or other individual designated to produce the record shall attach his official certificate to the original shorthand notes or other original records so taken and promptly file them with the clerk who shall preserve them in the public records of the court for not less than ten years.”
Court records show repeated motions and requests by defendants to Judge Arguello for the unedited version of the sidebar transcripts, but all requests were denied by the court. Subsequently, multiple post-trial motions were filed by attorneys requesting a hearing to resolve the transcript issue with the court reporter, but those requests were also denied by Judge Arguello. “I made several attempts to obtain the transcripts from the clerk’s office, but have been continually told by the court reporter and the clerk’s office that the sidebar portion is unavailable,” says Ethel Lopez of A Just Cause. “We believe that this critical piece of the transcript was deliberately destroyed or purposely not being provided to protect the Judge,” adds Lopez.
“Mr. Dorschner (Public Relations Officer for the U.S. Attorney’s Office in Denver) told me that we should file a lawsuit against court reporter Darlene Martinez,” says Tanique Wright of A Just Cause.
“A Just Cause is planning to assist with any lawsuit that is filed against Ms. Martinez,” Thurman adds. “A Just Cause feels that destruction of court records is a criminal act to obstruct justice and we will continue to seek relief from the Department of Justice,” says Thurman.
“It seems that there is no accountability when something like this happens (court records missing) so A Just Cause has sought assistance from both Congressman Doug Lamborn (R- Colorado , 5th Congressional District) and Senator Mark Udall (D – Colorado) to inquire into this matter,” Thurman concludes. A Just Cause has also made request of the United States Attorney John Walsh (Denver) to investigate the matter regarding missing transcripts, but those requests have been denied.
For more information about the story of the IRP6 or for copies of the legal filings go to http://www.freetheirp6.org . For more information on the ongoing appeal or A Just Cause, contact Sam Thurman at (877) 573-5554 or visithttp://www.a-justcause.com.
Related story: Racial Bias Is the Foundation for a Federal Criminal Case Against African American Businessmen in Colorado http://www.prweb.com/releases/2013/5/prweb10693207.htm
(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-CMA; Case Nos: NO. 11-1487, Case Nos. 11-1488, 11-1489, 11-1490, 11-1491 and 11-1492)
Note: A Just Cause is collaborating with Jabar International on the development of documentary telling the IRP Story – “What Color Is The American Dream? The IRP6 Story: An American Dream Turned Nightmare” (available on YouTube).
WHAT IS A JUST CAUSE
A Just Cause is a 501(c)(3) organization that was established in 2005 by a group of concerned citizens who were witness to a federal criminal case that was grossly over-criminalized. After seeing how a case can be misconstrued as criminal, and peoples’ lives turned upside down, A Just Cause was formed to fight abuse and misuse of power within the justice system. After launching AJC, it became apparent that over-criminalization is a growing trend. AJC is made up of regular citizens, professionals, attorneys, and those who have been wrongfully convicted who want to bring attention to the problem and help facilitate change.
The mission of A Just Cause (AJC) is to join in the fight against over-criminalization of trivial/obscure acts and provide competent legal representation in criminal cases where misconduct is suspected on the part of judges, prosecutors and/or court appointed defense counsel. A Just Cause will offer assistance through a criminal defense attorney referral service or help subsidize legal and court fees. A Just Cause will also work diligently to assist other organizations who are working for criminal justice reform.
It is our vision to change the trend in the United States justice system of over-criminalizing conduct by citizens who committed certain acts with no criminal intent. A Just Cause seeks true balance and accountability in the judicial process, ensuring that innocent men and women are not convicted and sentenced to prison for trivial/obscure acts that are otherwise not seen as crimes.
As an organization, and as individuals, we value integrity, honesty, openness, personal and organizational excellence, organizational process improvement, self-improvement, and mutual respect. We are committed to the people we help, their families and our partner organizations. We take on big challenges, will be unwavering in our efforts and pride ourselves on seeing situations through to the end. We hold ourselves accountable to our clients, stakeholders, partners, staff and volunteers by honoring our commitments, providing results, and striving for excellence in all that we do. We believe in not letting grass grow under our feet, continually pressing toward the goal, and getting it done.
SIX WRONGFUL CONVICTIONS
IRP Solutions was a small, minority- owned company competing with large companies, such as Lockheed Martin and International Business Machines (IBM) for multi-million dollar government contracts.
What should have been a civil litigation involving a debt collection case filed by staffing agencies turned into a criminal fraud case pursued by Denver Assistant U.S. Attorney, Matthew T. Kirsch, tried in a federal court and resulted in the IRP6 being sentenced to 7-11 years each in Florence Correctional Complex prison camp for mail/wire-fraud.
On October 11, 2011 Federal District Court Judge Christine Arguello, 10th Circuit, Denver, Colorado, forced an IRP executive to take the witness stand against his will, violating his 5th Amendment right. The IRP executive, Kendrick Barnes, was one of six defendants (5 black, 1 white) in the federal case accused of mail/wire-fraud. Barnes was forced to take the witness stand.
Meet The IRP6
Gary Walker – President, CEO & Chief Technology Officer: 20+ years of Information Technology experience. Experience includes technology leadership roles as a consultant with companies such as Xcel Energy and Kaiser Permanente. Walker previously held the position of CTO at M3 Publishing, a media technology company providing corporate communications software to Fortune 1000 companies. As CTO, he directed the architecture, implementation and roll out of the company’s products to its global customers. Gary graduated from the University of Colorado with a Bachelor’s Degree in Computer Science.
David A. Banks – Chief Operating Officer: 20 years of Information Technology experience, including Big 4 consulting with Fortune 500 and start-up companies. Has held positions as Director of Information Technology, Corporate Data Manager, Enterprise Data Architect and Database Administrator. Was responsible for overseeing IRP Solution’s internal operations, including finance, information technology, and human resources. Personally developed several major client relationships at the federal, state and local level. Established IRP’s Law Enforcement Advisory Board and Investigations Center of Excellence.
Kendrick “Ken” Barnes – Chief Information Officer: 15 years experience including Information Systems Management and support, software development, systems integration and architecture. Ken has lent his expertise to such corporations as Cendant, Merkle, Great West Life, UL, Western Union, and Comcast Communications.
Clinton A. Stewart – Vice President of Business Development: Over 20 years experience leading and developing federal, state, and local government engineering documentation, and proposal development activities for large-scale systems and platforms namely; aerospace systems, telecoms billing systems, embedded security systems, command & control systems, video systems, and collaborative computing systems. Managed and directed IRP business development and corporate partnering.
Demetrius K. Harper – President, DKH Enterprises: Over 15 years Information Technology experience including information systems management and support, software development, and systems integration and architecture. DKH Enterprises partnered with IRP Solutions to provide staff augmentation for the development of IRP’s Case Investigative Life Cycle (CILC) software suite.
ALL African American Businessmen.
David A. Zirpolo – Vice President of Professional Services: 25 year veteran of business and technical consulting. Has held management positions in information technology, specializing in the service and delivery of Internet and Electronic Commerce solutions and improving the use of technology in business. Has provided business consulting and business practice reengineering expertise to public and private retail/wholesale organizations with annual revenues up to and exceeding one billion dollars. David was responsible for the overall direction of IRP’s professional services initiatives. He holds a Bachelors of Arts in Industrial Engineering from Northeastern University.
A Caucasian Businessman.
Beginning of IRP Solutions
IRP Solutions was established in February 2003 and began to heavily market its flagship Case Investigative Life Cycle (CILC®) software solution in August 2003 to major federal, state and local law enforcement agencies, including but not limited to the Department of Homeland Security (DHS), Department of Justice (DOJ) and the New York City Police Department (NYPD).
The Impact of 911
IRP Solutions Corporation was formed a couple of years after the tragedies of 9-11 (IRP is an acronym for “Investigative Resource Planning”). This was a country in shock. We experienced the worst attack in history against our country on our native soil. Many of the events of that day and months that would follow showed gaps in the investigative processes of our law enforcement agencies, but yet there were no solutions readily available to address the need. Meanwhile, years prior to 9-11 the founders of IRP Solutions had begun development of a small stand-alone software application to be used as an individual work product for law enforcement.
That initial work was done under the company name Leading Team. Although the initial software developed by Leading Team was an enterprise-class solution, it was not web-enabled or capable of addressing the major gaps that were identified post-911 (i.e., Lack of ability to share intelligence/investigative information between law enforcement at all levels of government, etc.). The company founders knew that with a little hard work, they could develop a software application that could significantly impact our nation’s law enforcement operations. However, they didn’t feel that the current company name accurately reflected the new strategy. Thus, IRP Solutions Corporation was formed.
he Call from DHS: A Dream Opportunity….
In October 2003, IRP received a call from the Program Manager at the Department of Homeland Security (DHS) for an initiative that was called the Consolidated Enforcement Environment Initiative. DHS wanted IRP to conduct a web demo of the software solution that IRP had developed. IRP’s web demo was very successful and the company was asked to travel to Washington, DC to conduct a demo before a larger audience.
In November 2003, IRP travelled to Washington, DC to demonstrate their software solution before the DHS Consolidated Enforcement Environment Initiative team which comprised of DHS, FBI, Secret Service, Federal Air Marshals, Immigrations and Customs Enforcement, TSA, U.S. Coast Guard, and Deloitte. This audience questioned IRP on the technical and functional aspects of the software. This was, yet another, successful demonstration of the software that IRP had developed. Following the meeting, DHS provided IRP with “Eyes Only” documentation and asked IRP to begin working (non-contractually) on capabilities to meet certain federal law enforcement scenarios.
IRP Solutions’ Case Investigative Life Cycle (CILC®)
Although CILC software was considered the most promising, strong political winds from large entrenched competitors significantly slowed the sales cycle, which subsequently caused a cash flow crunch and aging debt related to the development of the software.
The IRP Dream Becomes A Nightmare
February 9, 2005
The morning of February 9th, 2005 started like most days at IRP Solutions. Company staff began to show up for work. The day was a typical business day until unexpected guest showed up at the reception desk. IRP Solutions was being raided by federal agents for alleged wrongdoing. There were 21 federal agents at the front door of a business, that at the time, only had approximately 20 employees. A warrant was presented stating that IRP Solutions and its executives were accused of mail and wire fraud.
Let’s rewind a couple of years and set the stage for how all of this came about…..
In 2003, IRP Solutions (IRP) was established to develop software for law enforcement agencies. Through its marketing efforts, IRP became engaged with major agencies like the Department of Homeland Security (DHS). As IRP became more engaged with agencies like DHS and NYPD, there were more requests for modifications to the software. DHS even told IRP to “…put a federal face on the software…”. Agencies were sending very positive signals and continued to ask for modifications to the software to meet their respective needs. Because of the modification and customization requests from agencies, IRP management began to explore ways to meet the increased demand for software development. IRP began to explore the option of augmenting the staff with contract labor.
IRP contacted staffing companies and explained the dilemma of trying to meet the requests of the law enforcement agencies. Several companies did their due diligence and considered IRP an acceptable risk for executing a contract. There were several companies that chose not to team with IRP. Contracts were executed to bring on technologists to incorporate technical enhancements requested by the federal government and local law enforcement. The agencies were fully engaged with IRP to make enhancements to the software, which resulted in the need for IRP to continue extending its engagement with staffing companies. Consequently, the debt continued to grow.
In the meantime, in late 2004, DHS requested pricing quotes that exceeded $100 million. Additionally, DHS explicitly stated that they were working on the budget and needed the pricing quotes as part of their budget exercises. This was later substantiated by FBI interview documents in which a DHS official stated that they (DHS) were setting up a pilot project for IRP.
Free The IRP6
Freetheirp6.org website was launched, as a result of the injustice experienced by the six business executives of IRP Solutions Corporation.
The events that led up to, and during, their federal criminal trial are very questionable. Actions in the courtroom were very disturbing and to top it off, the media wouldn’t help expose the injustice.
Family, friends, and those sympathetic to the case feel strongly that the public should hear the entire story. Sad to say, the U.S. judicial system is structured in such a way that the full story is not always told at trial.
The IRP6 On Facebook….Free the IRP6
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