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How investigators have used the Patriot Act

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President Bush is urging Congress to make permanent 16 provisions of the Patriot Act due to expire at the end of the year. The House has voted to adopt 14 permanently and to extend for 10 years two others, including one allowing a secret court to grant the government permission to search a variety of personal records. The Senate has yet to act on its version of the bill.

With civil libertarians objecting that many of the provisions invite government abuse, the Justice Department released the following examples of prosecutions under the act since its adoption following the Sept. 11 terrorist attacks.

For the record:

12:00 a.m. Aug. 7, 2005 For The Record
Los Angeles Times Sunday August 07, 2005 Home Edition Current Part M Page 2 Editorial Pages Desk 1 inches; 47 words Type of Material: Correction
Patriot Act: A chart in Current on July 31, detailing some uses of the Patriot Act, said legislation to extend provisions of the act had been approved by the House and awaited final action in the Senate. The Senate approved a version of the bill July 29.

-- Richard A. Serrano

Defendants: Half a dozen young men from Lackawanna, N.Y., dubbed the Lackawanna Six

Details: Arrested after Sept. 11 attacks for spending time at an Al Qaeda training center in Afghanistan.

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Law: Patriot Act sections that allow sharing of intelligence between separate law enforcement agencies.

Outcome: Defendants pleaded guilty to aiding or doing business with Al Qaeda. Sentenced to terms ranging from seven to 10 years.

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Defendants: Jeffrey Battle and six co-conspirators, all from Portland, Ore.

Details: Arrested after trying to enter Afghanistan to train and fight as soldiers for the Taliban and Al Qaeda.

Law: Patriot Act sections 218 and 504, allowing surveillance that led to discovery of Battle’s co-conspirators and of orders that the group received from foreign terrorists to attack Jewish targets in the U.S.

Outcome: Six conspirators convicted and sentenced to terms ranging from three to 18 years. Seventh killed in Pakistan before capture.

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Defendants: Enaam Arnaout, executive director of the Illinois-based Benevolence International Foundation

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Details: Conspired to fraudulently obtain charitable donations and funnel the proceeds to Chechen rebels and foreign terror organizations.

Law: Patriot Act sections 218 and 504, giving authorities access to intelligence data and granting permission to trail the suspect.

Outcome: Pleaded guilty to racketeering charges in February 2003 and sentenced to more than 11 years in prison.

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Defendants: Yehuda Abraham, New York City businessman

Details: Transferred $30,000 to a London man attempting to sell shoulder-fired surface-to-air missiles to terrorists. Abraham did not have a license to transfer money overseas.

Law: Patriot Act section 373 prevents defendants from claiming innocence due to ignorance of transfer license requirements.

Outcome: Pleaded guilty in May 2004 to his role in the transfer. Faces up to 37 months in prison. Sentencing scheduled for Sept. 12.

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Defendants: Rajib Mitra of Madison, Wis.

Details: Jammed the Madison Police Department’s emergency radio system 22 times from January to Halloween of 2003.

Law: Patriot Act section 814 prohibits interference with law enforcement computer systems.

Outcome: Convicted in March 2004 and later sentenced to eight years in prison.

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Defendants: Kelley Marie Ferguson of Laguna Hills

Details: While on a cruise to Hawaii, sent a letter threatening to kill all Americans onboard if the ship did not turn around. She wanted to go home to see a boyfriend.

Law: Indicted under Patriot Act section 801, prohibiting threats upon mass transportation.

Outcome: Pleaded guilty in May 2003 and sentenced to two years in prison.

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Defendants: Father of a 13-year-old girl in Indiana. (His name withheld to protect her identity.)

Details: Involved in posting pornographic photos of his daughter on the Internet.

Law: Patriot Act section 210 gave investigators access to Internet subscriber information that led to the father.

Outcome: Pleaded guilty to five counts of producing child porn. Sentenced in 2004 to about 10 years in prison.

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Defendants: West Virginia man whose name is withheld to protect the identity of his victim

Details: Abducted and sexually assaulted his estranged wife before releasing her, stealing a car and fleeing the state.

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Law: Patriot Act section 220 allowed authorities to obtain information about the man’s e-mail account quickly enough to track him to South Carolina, where he was arrested.

Outcome: Pleaded guilty and sentenced to 30 years in prison.

Source: Department of Justice

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