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NEWSWEEK: FBI Using Provision in Patriot Act to Go After Cases Not Tied to Terrorism

   NEWSWEEK COVER LORD OF THE RINGS
The December 1 Newsweek cover story (on newsstands Monday, November 24), "Hail to the Rings," is an exclusive first look at the last installment of the hugely famous "Lord of the Rings" trilogy, that promises not to let audiences down. Also: the latest wave of terror attacks; Al Qaeda using madrassas as training grounds, and how the Feds are misusing the Patriot Act. Plus the latest on Michael Jackson and how the gay marriage debate will affect campaign 2004. (PRNewsFoto)[KC]
NEW YORK, NY USA
    NEW YORK, Nov. 23 /PRNewswire/ -- A little-known provision in the Patriot
Act is being used by the FBI in cases that aren't tied to terrorism, which the
Act was designed to stop, Newsweek has learned.
     (Photo:  http://www.newscom.com/cgi-bin/prnh/20031123/NYSU008 )
    The provision allows the Feds to quickly obtain financial records of
suspected terrorists or money launderers, reports Investigative Correspondent
Michael Isikoff in the December 1 issue of Newsweek (on newsstands Monday,
November 24).  In effect, the Patriot Act allows the Feds to search every
financial institution in the country for the records of anybody they have
suspicions about -- the very definition, critics say, of a fishing expedition.
Law enforcement agencies can submit the name of any suspect to the Treasury
Department, which then orders financial institutions across the country to
search their records for any matches.  If they get a "hit" -- evidence that
the person has an account -- the financial institution is slapped with a
subpoena for the person's records.
    Whisked through Congress in the weeks after 9/11, the Patriot Act-which
gives federal law enforcement wide-ranging powers to track and eavesdrop on
suspected terrorists-was promoted as an urgently needed law to thwart future
attacks.  "It's an extraordinary power," says David Aufhauser, a former
general counsel at the Treasury Department, who insists the Act is being used
responsibly.  But in one recent case, "Operation G-String," the Feds used the
provision to see the financial records of local officials in Las Vegas that
they believed were being bribed by the city's biggest strip-club baron.
    It's the Patriot Act's money-laundering language that has allowed the Feds
to stretch the way the law can be used.  Essentially, money laundering is an
effort to disguise illicit profits.  But it's such a broad statute that
prosecutors can use it in the pursuit of more than 200 different federal
crimes, Isikoff reports.  Treasury Department figures reviewed by Newsweek
show that this year the Feds have used the Patriot Act to conduct searches on
962 suspects, yielding "hits" on 6,397 financial records. Of those, two thirds
(4,261) were in money-laundering cases with no terror connection.  Among the
agencies making requests, Newsweek has learned, were the IRS (which
investigates tax fraud), the Postal Service (postal fraud) and the Secret
Service (counterfeiting).  One request came from the Agriculture Department --
a case that apparently involved food stamp fraud.

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                at http://www.Newsweek.MSNBC.com. Click "Pressroom.")


SOURCE Newsweek




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