23 August 2012

James Atkinson to Expose Illegal Court Eavesdropping

Court documents related to the James Atkinson e-mail following:

27-June-2012-Niroula-orders.pdf (1.4)

top-secret-page-one-cobines.pdf (1.4MB)

Scan-14082012_00000.pdf (4.3MB)

Microsoft-Word-5-Feb-2012-Babble-Motion-Order-and-Declarations.pdf (103KB)

Microsoft-Word-5-Feb-2012-Jim-Declaration.pdf (57KB)

Courtfiling_for_Kaushal_Niroula_in_Pro_Per_Babble_41.pdf (160KB)

15-June-2012-James-Atkinson-Exhibits-and-Declarations-1.pdf (2.3MB)

11-June-2012-Court-Orders-for-James-Atkinson-TSCM-2.pdf (2.2MB)

Scan-25062012_00000-MInEavedrop1.pdf (1.6MB)

Mey-Tann-transcript.pdf (1.5MB)

Subject: My Services to the Court 
Date: Fri, 17 Aug 2012 15:44:44 -0400 
From: James M. Atkinson <jmatk[at]tscm.com> 
Reply-To: jmatk[at]tscm.com 
Organization: Granite Island Group 
To: Kristine.Hinos[at]riverside.courts.ca.gov 



Ms. Kristine Hinos
Superior Court of the State of California
County of Riverside, Indio Branch
Department 1B
Annex Court
82-675 Highway 111
Indio, CA 92201

Please forward a copy of this correspondence to the Honorable David B. 
Downing, as soon as possible, as it involves a case (People v. Niroula, 
INF064492) which is currently before the court.

Please consider this not to be an Ex Parte communication (at your 
discretion), and it is requested that it not be placed under seal (at 
your discretion). I would ask that copies be distributed to all of the 
respective parties.

Your Honor, a matter has come before me which effects the operation of 
your court, and which may affect the integrity of the proceedings in the 
above captioned case. Also, I am relatively certain that the 
information that I am in possession of, or which will be uncovered in my 
work will result in a mistrial, and likely the Indictment before the 
Grand Jury of several court officers, and members of law enforcement, and 
likely the Defendants themselves.

Defendant Kashual Niroula has unsuccessfully attempted to retain my 
services as a technical expert in this case, and I have provided him 
with quotations for legitimate services that I could render in support 
of this case.

However, to this day I have not been able to consummate any agreement 
with Mr. Niroula for these services as he perpetually will not focus the 
proposed services to the case at hand, and instead tries to get me to 
fraudulently charge this court for services utterly unrelated to the 
matter before you, but rather he blatantly tries to manipulate the Court 
to order my consulting services outside of the scope of these proceedings,
and he seems to be trying to get the court to order me to work for free.

Nevertheless, as there have been no agreement between Mr. Niroula and 
myself, and there is no acceptance of my offer (which was based on a 
request by Mr. Niroula), there has been no consideration paid, although 
Mr. Niroula has promised to pay me $7,000 per hour for certain services 
(which I feel are illegal in nature, and which I refuse to be a part 
of), but there has not yet been any form of consideration or payment to 
me in any form. Further, he stated or inferred that he has hidden funds 
from which he could pay me $7,000 per hour for my services, if I would 
assist in him an escape attempt. I of course refused to assist him in 
this illegal activity as well, which I now bring to the attention of this 
court.

In addition, it must be brought to this courts attention that my normal 
(and documented) base rate for a government entity or work on a criminal 
case is $7500 per day, plus all out-of-pocket expenses. This is billed 
on a door to door basis, and I normally work 14+ documented hours per 
day, 7 days a week and bill bi-weekly against the retainer for the project.

This amount was made clear to Mr. Niroula several times verbally and in 
writing. However, I offered to him that I would reduce my fee to an 
hourly basis of $350 per hour, provided that 3220 hours as approved as 
an initial cap, for the combined projects outlined is various sealed 
document which have been signed by you and provided to me. I made it clear to 
Mr. Niroula that if I was not engaged for the initial 3220 hours of work 
then my rate would remain at $7500 per day.

Mr. Niroula then stated that the court would pay me $150 per hour, and 
that he could engage me at that amount, but I did not accept his offer 
and his proposed project description at that time as it appeared to 
involve the commission of felonies on his behalf, which refused to be a 
part in.

Also, I made if very clear to him that I will provide him no services of 
any sort unless those services are well described and outlined in the 
form of a signed and sealed order of this court, but also that the 
estimated fee must be paid in advance of any work on the case. Also that 
there must be 3 week advance notice of any and all travel in regards to 
this case.

As the court has repeatedly, issued sealed orders for my for services, 
and have not specified any other rate. I then have to assume that my 
previously discussed and quoted rate of $7500 per day (plus all 
expenses) will apply, I thus must assume that the court (through your 
agent Kaushal Niroula) is willing to pay me $7500 per day for my work on 
this case.

Based on the August 10, 2012 order alone this will be 187 days of work 
at a daily rate of $7500 per day, for a initial fee of $1,403,572, plus 
expenses (airfare and excess cargo costs of approximately $8,500), 
lodging costs of roughly $46,750, office supplies of $5,600, office 
machine costs of roughly $7800, and the purchase of 20 ea 6 TB 
Thunderbolt Drives at a combined cost of $12,500 to perform the copying 
function ordered by this court.

On top of this will be the actual hardware required to set up the “hive” 
or “cloud” which will involve roughly $47,500 of materials costs, plus 
the two demo machines at a cost of $12,800 each. Due to the nature of 
the materials on these hard drive, it ill be necessary to mechanically 
destroy them and to reduce them to molten metal as the completion of the 
demonstration. This destruction will be performed by me using an 
incendiary device which I will make form scratch called a “burning bar” 
which will liquefy the hard drives in questions. The hard drives in or 
associated with the computers will be removed and liquefied in the same 
fashion. This molten metal will then be poured into a sand form in the 
sign of a Roman cross.

Additionally, it is my understanding that the testimony in this case is 
almost completed, and they by the time I actually get to California their 
may be mere hours left in the trial, and thus I feel that Mr. Niroula is 
running a scam on the court, and that he fully intends to cheat me out 
of any expenses, or that he intends to force a last minute mistrial, and 
then use the time before the new trial for me to render services.

As the court and Mr. Niroula has acquiesced to my $7,500 per day rate, 
and has issued orders for me to perform services, but with an order which 
neglects to specify the rate at which I will be paid, then the $7500 per 
day previously discussed with Mr. Niroula is thus applied.

The fee for the services to be rendered based on the August 10, 2012 
will thus be $1,403,572, plus $8,500 for transportation, plus $46,750 
for lodging, and $86,200 for office supplies, office machines, storage 
devices, and “HYDRA” computers.

Thusly, by way of a wire transfer or check from Riverside Country or 
from one of Mr. Niroula (or Mr. Garcia’s) numerous hidden bank accounts, 
or from the court in the amount of $1,544,022 payment in full must be 
made in advance for services being rendered. This must be paid in full 
before I will perform any work, supply any materials, or initiate travel 
arrangements, or take any action in this case of any sort. I am amenable 
for these funds to be provided to a court officer in Indio, and then 
paid out against bi-weekly billing, or dispersion made to cover travel 
and lodging. The court does have the authority to order the county to 
place $1,544,022 with a local law firm or other officer of this court, 
and then to release the funds to me as the work progresses.

I am amenable to working at a lower hourly or daily rate (if there is a 
higher volume of work), but the court has so far been mute in defining 
how much the court or the county is willing to pay. Mr. Niroula has 
claimed that the court can pay only $150 per hour, and I am willing to 
except that payment amount, provided the work is not unlawful, that the 
work is detailed in a signed and sealed order from this court, and my 
services are confined to those matters actually before this court.

Mr. Niroula has attempted to contract my services, and while me may be 
representing himself in a criminal matter, I doubt that he has the 
authority to contract with me on behalf of the county to develop a 
software program which he intended to sell commercially. Please 
understand that he wishes the country to pay me to develop a program 
which he and Mr. Garcia will then sell for profit (which the county paid 
for).

Further, as I am not an attorney, or clergy, or physician to Mr. Niroula 
there can be no automatic privilege between he and I until the court 
orders that that privilege takes place, or he provides me with a signed 
contract for my service which invoke formal confidentiality, after which 
the court would issue an order of formal privilege.

As your honor is well aware, I may have long hair, and I look like a 
hippy, but I am nobody’s fool (which I believe were the exact words out 
of your honors mouth).

Also, please be aware that it is not only your jail that has been 
illicitly bugged, but also your own courtroom; including times then you 
personally thought that you were having private discussions. Thus, this 
matter should be further technically examined by an outside expert in 
the field (such as myself), as you may have a near-term mistrial on your 
hands, and you may have a grave situation of obstruction of justice by 
the eavesdroppers, along other violations of your own rights.

I am in receipt of an order of the court dated August 10, 2012, but I 
was not provided a copy of this order until 6:15 PM on August 14, 2012, 
which also orders me to appear before this honorable court the day 
before the order was provided to me. I also understand that your honor 
was concerned when I was not before the court as ordered on August 13, 
2012 as so ordered. But as the Defendant did not provide me with the 
copy of the order until the 14th, is suggests that Mr. Niroula is 
playing games and getting you to sign frivolous orders, merely to get 
into the record that experts were ordered to come, but did not, as is 
quite clear in this case. Indeed is could appear that Mr. Niroula is 
playing this honorable court for the fool, and observation that I am 
morally and ethically bound to bring to your attention.

Mr. Niroula never bothering to notify me of the ordered appearance in a 
way that would allow me to comply unless I possess a time machine and 
could go backwards a few days. The orders he has repeatedly gotten 
signed as in fact frivolous and serve no legitimate purpose, and it 
would appear they he is merely setting up the record for an appeal.

Mr. Niroula has not yet paid my for the services he requests, and as 
you honor is aware the Thirteenth Amendment to the United States 
Constitution officially forbids involuntary servitude, so that if 
Mr. Niroula or the Court wishes me to provide goods and services, 
I must be paid, and paid in advance.

I do need to be completely frank with the court, and to disclose that 
Mr. Niroula and I have been utterly unsuccessful in consummating a 
contract for services, and while there was a request for services was 
made to me by Mr. Niroula, then an offer of services was made by me to Mr. 
Niroula, the offer was then rejected by Mr Niroula who proposed and 
requested a different service be rendered, which I refused to provide 
out of my own ethical, moral and legal limitations. He then engaged in 
repeatedly asking for different services, and we never reached the point 
where a contract could even remotely be considered to be formed and there 
as no actual acceptance of the offer, or any consideration given.

In short, request was made for an offer, an offer was then made in which 
certain conditions applied, the offer as refused, and then another 
counter-offer was made, which was declined, and this whole process repeated.

For example, Mr. Niroula has proposed that I assist him in an escape 
plan by which he would escape from custody and flee the country, which I 
refused to take part in, and which I here and now disclose to on a 
matter of a forthcoming escape attempt/plan. Mr. Niroula proposes to 
trick the court into placing him under house arrest by way of a GPS 
tracking bracelet, then removing the GPS bracelet in such a way that the 
removal would not be detected, and then to flee the country by way of a 
jet aircraft. He proposed to me the chartering of a private aircraft (a 
Citation X), with a range of roughly 3700 miles, but he has not yet 
disclosed the intended destination country.

I have explained to Mr. Niroula that I will take no part in his escape 
plans, or with providing him with any information whatsoever about 
tamping with his or other peoples tracking bracelets. In the past (at 
time periods before Mr. Niroula was arrested, or even in this country), 
I have written and publicly published white papers and articles in 
regards to flaws in “House Arrest” type of GPS tracking bracelets which 
render then prone to false data, render them vulnerable to removal 
without detection, and how wireless garage door openers and wireless 
thermometers can interfere with the tracking bracelets and how an 
offender can “slip the control of the tracking system” and then return 
to it undetected at a later time with no indication that the device has 
been subverted. Mr. Niroula has mentioned these writings to me 
face-to-face, but I felt it would be irresponsible to discuss the 
writings with him at this time, given his current incarceration 
situation, and his stated express scheme to be place under the 
constraint of such a system, which he had an interest in subverting.

Also, outside of a privileged relationship Mr. Niroula or his legal 
runner (in early 2011) has repeatedly ask me to provide him with 
information in regards to subverting the tracking of cellular 
telephones, which I refused to share with him. He now attempts to gain 
access to this same information under the guise of getting me to testify 
in regards to “Cell Phone Tower Pinging Faking” as listed on line 14, on 
page 2, of the order of this court dated August 10, 2011. While I am 
happy to testify in court as to the methods used to track cell phone 
movements, the intelligence analysis of this data, the use of this data 
in criminal investigation, of the proper procurement of this technical 
data from the cellular phone service providers, and how investigators 
have tampered with or tainted evidence in the past, and how this 
tampering or faking can be detected, and who there may be such tampering 
in this case. But, I have not yet agreed to provide him this 
information, or to study the records of the case, or to provide reports or 
testimony on the matter.





Proposed Invoice For Technical Services
Based on the Order of this Court Dated August 10, 2012
(and received in to my hands on August 14, 2012)

To obtain a better idea of what the charges would be, for the services 
described in the Order of this Court dated August 10, 2012, I have 
broken down the tasks list in the order, and we will assume for the time 
that an hourly rate of $150 per hour applies.

$37,500 - 250 hrs [at] $150 per hour – Review of all court transcripts, and 
then coaching KN on TSCM and Electronic Surveillance Related Matters 
face-to-face at the Indio Jail, and sit next to him at the Defendant 
table in Superior Court for the duration of this trial. In court 
testimony as to findings.

$24,000 - 160 hrs [at] $150 per hour – Review of Cell Phone Records, Tower 
Dumps, and Cell Phone “Pings” and to review, testimony, reports and 
transcripts. In court testimony as to findings.

$277,500 -1850 hrs [at] $150 per hour – Design, Program, and Compile a 
program in C++ or Objective C on a Apple Computer called “HYDRA” to 
simulate a computer based internet “hive” or “cloud”, and then to place 
this program on a dedicated computer, and to populate this computer with 
COURT SUPPLIED child pornography in the form of photographs and videos 
of child having sex with other children, adults having sex with 
children, which may include photographs and videos of the Defendants 
themselves (or images created by the defendants for the purposes of 
blackmail and extortion) in this and related cases having sex with 
minors within the jurisdiction of this court, or of the Federal courts, 
and also outside of the jurisdiction of the United States of America, 
but with the files in question currently residing within the 
jurisdiction of this court. Also to provide extensive court testimony 
and demonstration as to findings.

As I already possess knowledge of the “HYDRA” product obtained outside 
of a protected, privileged, or proprietary relationship. I have reason 
to believe that I possess a working knowledge of the proposed operation 
and function, and that based on my education, training, and experience I 
have good reason that the secret to HYDRA is a vast library possessed by 
Mr. Garcia and Mr. Niroula, and others, of a huge collection of child 
pornography that has been amassed on hard drives by Daniel Garcia and 
his Associates.

Thus, it would be improper for the court to order me to be compelled 
into a business contract with Mr. Garcia as is ordered by the court in 
it order dated August 10, 2012. Indeed, as an ethic matter I must 
respectfully refuse to comply with the order of the court in regards to 
signing any such contract confected by either Daniel Garcia or Kaushal 
Niroula, and will recognize only a protective authored by the court and 
order issue to me by this Honorable Court to perform this project, and 
not to divulge the secrets of the program beyond that which is already 
known to me.

Instead, a Protective Order from this court would be more proper in this 
matter, which would protect only those secrets or details that I do not 
already have knowledge of. This order would need to state that I already 
hold a working knowledge of the Hydra program, in that I understand the 
means and mechanism and algorithms which they intend to use, and how 
they intend to use it, but also that at present the program itself does 
not exist, merely the massive library of child pornography that will feed it.

Further, as I have good reason to believe that the “HYDRA” computer 
program is in fact a massive library of child pornography which has been 
compiled by the defendants, I thus request of this court issue a very specific 
work order that permits me to possess this court provided child pornography 
(from the computers and drives in police custody) for the sole purposes of 
integrating it as raw data files into a program called HYDRA which I will 
write or modify in order to comply with your order dated August 10, 2012.

Based on my prior education, and training, I have good reason to suspect 
that the “HYDRA” project is in fact a mechanism to suspect fraud, 
extortion, and a massive library of child pornography, with which the 
defendants appear to intend to use extortion, fraud, and blackmail 
against those adults who have taken part in the production and trafficking 
in child pornography, to suggest that this includes videos and 
photographs of child pornography actually produced by the defendants as 
a tool of extortion and blackmail.

I would urge the court to tightly constrain what is done by the 
Defendants with the data on the hard drives which the defendants intend 
and propose to provide to me. For example, as the court will be paying 
for the development of this program, and the Defendants merely supply raw 
data (possession of which is a serious federal felony), and I would need 
to perform this work directly for the court, and not for the defendants, 
and as the county would be paying for the development, the county could  
then claim ownership of the program, and once operational provide both 
the data and the program to the State, County, of Federal Task Forces 
which deal with child pornography issues.

Also, unless I have a specific order from this court that recognizes 
that contraband child pornography is present on these hard drives and 
data files, and the court authorized me to be in possession of this 
materials I will formally refuse to have any part in the “HYDRA” project.

$54,000 - 360 hrs [at] $150 per hour - Technical investigation of the 
computer and external hard drive and thumb drives of Daniel Garcia, to 
detect and isolated eavesdropping software, or files that resulted from 
eavesdropping. {120 hours to examine the computer itself, 240 hours to 
examine the external hard drive). In court testimony and demonstration 
as to findings.

$90,000 - 600 hrs [at] $150 per hour - Technical investigation of the 
computer and wireless networks present in the courtroom, and the 
evaluation of all computers active on the network segment which provides 
connectivity to and from the courtroom, and to all computers thereon to 
detect eavesdropping software or eavesdropping files. Then detect 
illicit network eavesdropping and then to seize and mirror the computers 
so identified, and to deliver these computer to the court. In court 
testimony and demonstration as to findings.

Thusly, the proposed projects, at the $150 per hour rate will be $483,500, 
plus expenses of $141,450 or a total of $624,950

This does not include the inspection of the Attorney-Client booths that 
Mr. Niroula has also requested, nor the seized and examinations of GTL 
computers and servers, which this court orders, but there was no mention 
of payment in the orders these orders. Nor does there appear to have been 
any proper requests from this court to the Federal Courts to request the 
assistance of the U.S. Marshals nor of the Federal Courts as of yet.

I must also respectfully remind the court that I am physically located 
in Massachusetts, and that the authority of this honorable court does 
not extend beyond the borders of California. I am happy to provide 
services to this court, but I also have to be paid for my service.

I do not work for free, nor can I be considered a fool.

Thank You for understanding,

Respectfully

James M. Atkinson

--
James M. Atkinson. President and Sr. Engineer
"Leonardo da Vinci of Bug Sweeps and Spy Hunting"
http://www.linkedin.com/profile/view?id=15178662

Granite Island Group          http://www.tscm.com/
(978) 546-3803                jmatk[at]tscm.com
(978) 381-9111