Report: C-level execs more involved with security

The major data breaches that have received mass media coverage are driving so-called "C-level" executives to become actively involved in their organization's security policies, according to a new report from the (ISC)2.

There are several key "take-aways" from the report, titled "2008 (ISC)2 Global Information Security Workforce" and authored by Rob Ayoub, Frost & Sullivan's network security industry manager.

Ayoub told SCMagazineUS.com that these include the fact that C-level executives are paying attention to security...

"CEOs are asking their security professionals important questions about how they're prepared to not become another TJX," (answers) (more)

"World's smallest" GSM bug

from the seller's web site...
The PLM-JNGSMTX08 Micro GSM Listening Device is the pinnacle of GSM listening technology packed into an incredibly small package just 43 x 34 x 17mm. Just insert any SIM card, call the number and you will hear exactly what is going on in your absence.

UK customers can track its location at any time via the internet making it a compact dual purpose surveillance device. Supplied with mains charger and protective carry case. This is the ultimate micro miniature listening device! (more)
Why do I mention it?
So you know what you are up against.

The Dawn of the VoIP Bug

"...transform the existing power lines in your home or small office into a high-speed network solution. Without running wires, PLC-185S takes advantage of your existing electrical wiring to create or extend a network environment. PLC-185S is also an ideal solution for homes or small offices where concrete walls, floors in multi-storied buildings, or other architectural barriers could inhibit a wireless signal.

Just plug the PLC-185S into an electrical outlet and it can turn every electrical outlet into a possible network connection to connect to any network devices, such as wireless router, network cameras, and video servers." or VoIP bugs :) (more)

Eavesdropping Movie - "Monte Rouge"

Title: Monte Rouge
Writer/Director: Eduardo del Llano
Time: 15 minutes
Plot: Electronic eavesdropping.
Setting: Cuba.
Humor: Dark, subtle; like Monte Rouge.

"...two plain-clothed security agents knock at the door of a young man, Nicanor O'Donell.

"Good morning, my name is Rodríguez. This is comrade Segura," they tell him. "We're here to install the microphones."

"Our mission is to install microphones in your home to listen directly to the anti-governmental comments you make," the SDE (state security) agent says.

Nicanor can't believe. To him it is a bad dream or a bad joke.

The agents explain that they run a pilot scheme to make their work "more inclusive." No longer will the SDE break in to the houses of suspects to place microphones, they will just knock on the door and ask the house owner to let them install them. All in the name of "more openness."

In exchange they ask that Nicanor accepts the "obvious limitations" of having only two microphones placed in the house (one in the bathroom). And, to ensure that all subversive conversations are held in that place, offering to install a free mini-bar in the bathroom to get guests to go there for these conversations.

In a mild mannered conversation (with some dark undertones), they explain they know all about him: his black market dealings (exchanging a table from a museum with a guard of the museum for a VCR), the conversations he has had with friends in bars, ... The say he was selected for this test program because of his "excellent analysis" that goes beyond "more bitching" (and the fact that he lived close to the station while they had no access to a car).

They also ensure him that the devices are independent of the electricity grid (Cuba is known for its blackouts) as it "hardly would make sense to make eavesdropping dependent of the electricity." The young man is also warned that it is known to them that he also makes some positive comments about Cuba, but that he is to refrain from that "crap" as doesn't interest them and is a waste of their time.

The author stresses that he did not mean to indict Cuba's state security system, he just wanted to create and describe an present absurd Kafkaesque situation. He succeeded.

In Cuba and abroad there is a lot of speculation that del Llano and the other participants in Monte Rouge, could face reprisals for the irreverent clip. Let's hope that the popularity of the clip will protect them."
(en español: video Part 1 video Part 2)

Spy Agency’s Eavesdropping Rose Last Year

S. Korea - The Broadcasting and Communications Commission (BCC) said Thursday that the number of eavesdropping requests from the spy agency and police last year was the highest since 2004, while the number of cases of e-mail monitoring and caller identification also rose.

Telephone companies allowed the National Intelligence Service (NIS), police officials and prosecutors to tap 1,142 phone calls last year, up from 1,062 cases in 2006. Most of the requests were from the NIS, the spy agency.

The number of caller identification requests from investigation authorities also increased by more than 20 percent to 183,659 cases from 150,743, the BCC said. E-mail monitoring rose 28.9 percent to 326 cases.

Furthermore, the actual number of eavesdropping cases can be higher than the released figure since multiple requests on a single case are counted as one, the BCC said. (more)

SpyCam Story #443 - Reality YOU tube

Millions of Americans have wireless cameras in their homes and cars, purchased for security or to monitor children — but it turns out the devices could be making those they're meant to protect more vulnerable.

Reporter Tom Regan of ABC News' Atlanta station, WSB-TV, investigated how video cameras may be providing an unwelcome window into your private life.

From a baby's nursery, to a restaurant, to an office, private scenes proved shockingly easy to eavesdrop on with minimal equipment in a recent WSB-TV outing.

Regan's team bought a $100 rearview camera from a local auto parts store, installed it in an S.U.V. and simply drove around. They were amazed by the images picked up by the wireless monitor that came with the rearview camera... (more with video report)

And so, our list of residential snitch devices grows longer...
• 1960's - AM wireless intercom systems.
• 1970's - FM wireless intercom systems.
• 1980's - Cordless telephones.
• 1990's - Wireless audio baby monitors.
• 2000's - Wireless TV baby/security monitors.

What ABC News didn't mention is that professional burglars have taken advantage of these technologies for over 50 years. Their latest tool is a sensitive, compact video scanner.

SpyCam Story #442 - Webcam Hijack Warning

Experts at SophosLabs™, are warning computer users about the importance of properly securing PCs, following news that a man who allegedly used computer malware to prey upon young women has been charged in Canada.

According to media reports, 27-year-old Daniel Lesiewicz has been charged with using spyware to take over the webcams of women as young as 14 and coerced them into posing naked for him. (more)

PIs and Bug Creators Jailed for Industrial Espionage

An Israeli firm of private investigators has been rapped for using spyware to steal sensitive information.

According to reports, four members of the Israeli Modi'in Ezrahi private investigation company have been sentenced after being found guilty of using a Trojan horse to steal commercial information.

The Trojan, which was designed and marketed by London-based couple Michael and Ruth Haephrati, was said to have been used by a number of different private investigation firms to spy on companies including the HOT cable television group and Rani Rahav PR agency.

Another alleged victim was Champion Motors, which imports Audi and Volkswagen vehicles. (more)

A married couple accused of using computer worms to conduct industrial espionage has received jail terms of four and two years after pleading guilty in an Israeli court.

Ruth Brier-Haephrati, 28, and her husband Michael Haephrati, 44, were also ordered to pay damages of two million shekels (£245,000) to their victims. (more)

CBS 46 Investigates: Cell Phone Spying

New cell phone “spyware” has made it easy for just about anyone to bug your phone and uncover details of your private life, communications experts say.

The “spyware," marketed to suspicious spouses, parents and employers, can turn just about any cell phone into a high-tech spying device.

A quick search on the Internet reveals dozens of "spy phone" programs ranging from $4 to $400. Some “spyware” works on Bluetooth technology, while others require a download onto a "smart" phone, like a Blackberry or Web-based device. CBS 46 Investigative Reporter Wendy Saltzman tested Flexispy, high-end software that experts say allows people to eavesdrop on calls, download e-mails, and even track a person's GPS location at the touch of a button. (more) (video) (similar subject, different source)

Court-Approved Wiretapping Rose 14% in '07

Last year might have been a rough year for U.S. home prices, but growth in government wiretaps remained healthy, with the eavesdropping sector posting a 14% increase in court orders compared to 2006.

In 2007, judges approved 4,578 state and federal wiretaps, as compared to 4,015 in 2006, according to two new reports on criminal and intelligence wiretaps.

State investigators are increasingly turning to wiretaps, according to newly released statistics. State police applied for 27% more wiretaps in 2007 than in 2006, with 94% of them targeting cell phones, according to figures released by the U.S. Courts' administrator.

In 2007, state judges approved 1,751 criminal wiretap applications, without turning any of them down, according to the report (.pdf). That's a near-three fold increase in state wiretaps since 1997. (more)

Porsche CEO Eavesdropping Case (update)

The well-respected Strafor (a private strategic intelligence analysis service) today characterized the eavesdropping of Porsche CEO, Wendelin Wiedeking, this way...
"The aggressor’s tactics were amateur."

Given the target – Mr. Wiedeking – and business climate around Porsche, it is unlikely amateurs would be involved. This is a high-stakes assignment. Professionals only.

Think like a professional eavesdropper. "I know they are going to look. I'll plant something they can find fairly easily; a trophy for the sweepers, a little confusing, with no clear culprit, amateurish, but plausible.

Result...
Triumphant, the TSCM team waves their 'find' and goes for a beer.
The real bugs/taps are planted deeper – much deeper.

But wait... This half-baked story should never have hit the press. Something smells.

Porsche went from 0 to 60 in filing their police complaint.

Normally, corporate eavesdropping finds are kept quiet and investigated further. When enough evidence is gathered to actually prove something, the police might be called. Publicity undermines stockholder confidence.

Amateur? Yes. But, is it the eavesdropper who should wear that moniker? If what appeared in the press is really the truth, characterize the handling of the case as amateur.

Other possibilities...
• Porsche planted the eavesdropping device themselves. A PR stunt – thinking it would somehow enhance their business bargaining position.

• The baby monitor bug was planted by the TSCM technicians to make themselves look good. (When a TSCM team presents evidence of bugs they should also volunteer for polygraph testing. My guess is they won't.)

The rest of Strafor's Porsche bugging analysis is accurate...
"The use of a security contractor to employ technical security countermeasures (TSCMs)* was not only a smart move by Wiederking in 2007 (a previous eavesdropping problem), but a wise decision for other players in today’s corporate environment. Industrial espionage is a common occurrence in the modern business world."

Espionage is foreseeable.
When was the last time you checked for bugs? ~Kevin
* This should read, "technical surveillance countermeasures (TSCM)"

The Headline Evil Word You Can Prevent

April 22, 2008 - "Sanford Hospital tightens security after baby taken"

The good news...
The child was rescued a short time later by a police officer who stopped a Chevy Blazer on Interstate 4 (more)

The bad news...
Most corporations are hedging their bets that the word "after" will not appear in a headline about their security efforts.

In the corporate world, stealing intellectual property is the real-life equivalent of a baby – the corporation's baby. The baby who is to be nurtured into the company's future.

Now is the time to tighten security;
• while it is inexpensive to do,
• while your stockholder good-will is high,
• while you still have a job.

1. Work with your Legal Department to upgrade and keep current: non-disclosure agreements, non-compete contracts, and pro-active programs to detect and deter eavesdropping and espionage.

2. Work with your IT department on: password protection, encryption, wireless LAN security audit and compliance surveys, and employee education.

3. Keep current with intellectual property threats.
Read the news.
Offer the boss proof!
You need funding to prevent eavesdropping and espionage problems.

P.S. Problems do happen...
• Recent Problem #1
• Recent Problem #2
• Recent Problem #3
• Recent Problem #4
• Recent Problem #5
• Recent Problem #6
• Recent Problem #7
• Recent Problem #8
• Recent Problem #9
• Recent Problem #10
And all this was just April's news!

Is it any wonder that this Hot Boardroom Topic was also in April's news?
~Kevin

"...thus proving they could keep a secret, for decades."

Japan - The Ministry of Internal Affairs and Communications' regional information policy office has decided to warn local governments about using analog cordless phones after it was learned that people could listen in on calls with commercially available receivers. (more)

Eavesdropping Attempt Made on Porsche Chief

German police have launched a probe after an attempt was made to eavesdrop on Porsche boss Wendelin Wiedeking while he was staying in a luxury hotel.

Security staff from the the Ritz-Carlton hotel in Wolfsburg found a "babyphone" concealed under a sofa in his room, the media reports said, which had been turned on and was transmitting.

Porsche has filed a complaint with the prosecutors' office in Braunschweig, a company spokesperson told the AP news agency on Saturday, April 26.

The news magazines Der Spiegel and Focus said an investigation (a different investigation) is underway after a monitoring device was found in Wiedeking's room at the Ritz-Carlton in Wolfsburg in November. The reports said there was suspicion that the spying attempt took place one day before a meeting on Nov. 16.

Left behind?
The online news site Spiegel Online has reported that hotel security ruled out that a family with a child could have stayed in the suite previously and simply forgotten the device. For several weeks, there was no record of a family having spent an evening in the room.

Porsche told AP that other company officials had also been spied upon, including works council head Uwe Hueck, but did not supply any details. Focus has reported that his telephone conversations at Porsche headquarters in Stuttgart were allegedly wiretapped. It is not known who was behind the action but the company has reportedly notified prosecutors.

Porsche owns 31 percent of shares in Volkswagen, the biggest European automobile manufacturer, and wants to take full control of the firm. Volkswagen has denied any role in espionage, Focus reported. (more)

Update...
Focus reports that the offices of Porsche workers’ organization head Uwe Hück are to be made bug proof after it was discovered that his phone was being tapped. And Der Spiegel says that a bug was found planted in the private flat of former VW chief Wolfgang Bernhard. (more)

16 Extra Eyes in the Florida Eye Institute

SpyCam Story #441
The mysterious tale of 16 SpyCams, 16 Microphones, and a recorder!

FL - A 45-year-old Vero Beach woman has been arrested on eight felony charges that allege illegal electronic eavesdropping on doctors, copying hard drives from their computers and the theft of a laptop.

But the seven-page complaint filed by the State Attorney's Office against Brenda Doan-Johnson, of the 3400 block of Atlantic Boulevard, does not explain why she supposedly paid a Melbourne man to place cameras and microphones in the private offices of three doctors at the Florida Eye Institute in Vero Beach.

Both a Jan. 24 Vero Beach Police report and a Jan. 28 civil lawsuit filed by three of Dr. Paul V. Minotty's business partners, say Minotty, founder of the institute, had hired a private investigator and the police report identified her as Doan-Johnson.

According to the state attorney's complaint affidavit, Doan-Johnson paid Mark Lynch, of Spy Source Warehouse in Melbourne, with a $6,000 personal check as deposit on $13,000 to install 16 video cameras, 16 microphones and a digital recorder at various places in the Florida Eye Institute — including the offices of doctors Karen Todd, Mark Gambee and Val Zudan.

Lynch worked after business hours for six days, starting Jan. 11, to install the equipment, the affidavit states, noting that audio recording apparently did not function.

Investigators reported that Doan-Johnson introduced Lynch to two other people who also were working in the building, identifying them as computer forensic specialists who were copying the hard drives from the desk computers of doctors Gambee, Todd, Zudan and Thomas Baudo.

According to investigators, Lynch phoned Gambee (!?!?!) Jan. 24 and told him about installing the electronics in Florida Eye Institute offices — including Gambee's office. The Vero Beach police were called to Florida Eye Institute the same day.

Gambee told Vero Beach officers his computer was missing. Doan-Johnson returned it, saying it was thought to be company property... (more) ...and, more to come as this case unfolds.

Corporate Security Directors. Make your job easier.

Get your employees to love you.
Distribute this new book...
"Staying Safe Abroad."

Ed Lee, a retired U.S. diplomat and Federal agent, spent most of his years in the U.S. State Department as a Regional Security Officer (RSO) in Asia, Latin America and the Middle East, where he successfully kept diplomats, their families and U.S. interests safe from terrorism and crime.

In 2002, Ed returned to the State Department as a senior advisor to help institute post-9/11 anti-terrorism strategies, retiring again in 2006. He then formed Sleeping Bear Risk Solutions, which provides investigative, emergency planning and staff security services. He also regularly delivers speeches on terrorism and international security to corporate and governmental audiences. (ISBN: 978-0-9815605-0-2, 360 Pages, $22.95)

Staying Safe Abroad: Traveling, Working & Living in a Post-9/11 World "is the best book yet on travel security. This book is one that should be read and kept in every traveler’s briefcase for reference.” — John L. Makowski, Director - Global Security, Briggs & Stratton Corporation

"Every person who travels, whether abroad or domestically, should own this book." — Martha Miller, Ph.D., Cross Cultural Trainer to U.S. Diplomats and Multinational Executives

P.S. - Employees... A free copy of this should accompany the plane ticket whenever your employer sends you abroad. Ask your Security / Personnel / Travel Department Director for a copy. It's the least they could do for you. If all else fails, buy it yourself.

If you are my client, I'll buy it for you!
Contact me for a free copy. ~Kevin

Baby's First SpyCam

(source)

Putting the squeeze on Blackberry to get the juice

Talks between Indian officials and Canada's Research In Motion (RIM, the BlackBerry Bunch) would seem not to have gone very smoothly...

The backstory here is that the top brass at India's burgeoning and powerful state security services are concerned that Blackberry's advanced communications technology cannot be breached by their operatives and thus the "authorities" are currently unable to eavesdrop Blackberry users.

They have asked RIM to provide them with the capability to conduct covert surveillance on Blackberry users by requiring the company to install local servers and provide secret back door access to services, but the Canadian vendor has so far refused to comply. (more)

Get the PR team some O2, stat!

UK - O2’s PR team mistakenly connected a journalist of tech website The Register to a call earlier this month, allowing him to eavesdrop on their conversation about his news enquiry.

Turns out, O2 (a UK cellular service provider) reckons The Register’s readers are “techie nerds” and “Muppets” for wanting to move to 3. O2 duly apologised on the website, and said to Mobile News: “Hey, we’re techie nerds ourselves.” (more)

FutureWatch - Eavesdropping on GSM Cell Phones

A web service that will make it easy and inexpensive to crack the GSM A5/1 encryption protocol, quickly enough for a call that is still in progress, is slated to launch at the end of April. Living right at the intersection of open hardware, open source software, software as a service, and cryptography, the service will reduce the cost and effort of cracking GSM call encryption by at least an order of magnitude.

The service is being developed by members of the GSM Software Project and demonstrates just how much things have changed in the world since the GSM system was designed. Various approaches to cracking both A5/1 (the European standard) and A5/2 (the weaker US standard) have been available for some time but this one is unique in that it should be available to researchers and hackers at the end of April in hosted api form instead of pdf.

Back in 1997, this overview of the GSM system declared that "Enciphering is an option for the fairly paranoid, since the signal is already coded, interleaved, and transmitted in a TDMA manner, thus providing protection from all but the most persistent and dedicated eavesdroppers." After all, such a radio encoding scheme made the signals invisible to typical radio band scanners.

Today, however, the availability of the Universal Software Radio Peripheral (USRP), an open hardware software defined radio that sells for about $700, combined with work being done at GNU Radio project to codify the GSM waveform (also targeted for the end of this month), makes this once reasonable point of view seem quaint. Good encryption is now a must and it appears that A5 no longer qualifies. (more)

Surveillance Desensitization Continues

Hal Niedzviecki writes...
I ask (Ursula) Lebana how things have changed since she opened Canada’s first spy store back in 1991.

“People who came into the store at that time were quite shocked,” she tells me. “They never realized cameras were that small. They said, ‘Oh my God, that’s scary. And isn’t it terrible to monitor the nanny? Where’s the trust?’”

Sixteen years later, business is booming. “Now people say, ‘Oh, I want a hidden camera,’” says Lebana, who has since opened SpyTech locations in Ottawa and London, Ontario. “They are more willing to use them now. They’re more familiar with it. I’m even getting repeat customers... (more)

"Youz gotta problem with dat?!?!"

from The Bay City Times Opinion page...
MI - When The Times looked into the money that road commissioners lavished on themselves, we found a board besotted with inflated retirement benefits and fancy junkets.

We also found that one commissioner, now retired, had used a Road Commission credit card to give himself quick loans at casinos. In another instance, the commission's former finance director was caught using a tape recorder to eavesdrop on employees.

In the lives of private citizens, both incidents might have resulted in felony charges. But in the buddy-buddy world of government, no charges stuck. (more)

News Flash? "Covert video surveillance becomes widespread in Russian offices"

from Pravda...
"Most of you work in companies equipped with video surveillance systems. As it turns out, video surveillance affects employee’s work more significantly than other control methods (wiretapping, looking through emails and reading the most frequently visited websites)." (more)

More Animal Eavesdropping

Climate change may be predicted by fish who "eavesdrop" their way to healthy food sources using chemical cues given off by ocean organisms. This research, conducted by the University of North Carolina Wilmington assistant professor Sean Lema and collaborators, was published in the March edition of the journal Science in the article "Dimethylsulfoniopropionate as a Foraging Cue for Reef Fishes." (more)

There's something kinky going on in the world of Barbary macaques. Researchers have found the males eavesdrop on their mates having sex in order to make sure they don't miss out on the fun... (more)

"Arrivederci Roma"

"I continue to use the mobile phone with greater freedom, but if there is any news which comes out about my telephone calls being recorded I will leave this country". ~ Silvio Berlusconi, Italian politician, entrepreneur, and media proprietor.

Berlusconi said this when he explained that he had a plan to deal with the indiscriminate use of bugs. "We should only allow the bugging for crimes such as terrorism and organized crime". (more)

"What's in your IT department?"

by Naomi Grossman, bmighty.com
Caught up in the high profile case of Anthony Pellicano -- the detective on trial for racketeering and wiretapping in a case that involves lots of big names in Hollywood -- is the manager of IT security for Conde Nast publications. How exactly did that guy get his job?...

On Gawker, Ryan Tate asks the second most obvious question: "The guy who runs tech security for Condé Nast has admitted lying to the FBI and lending his services to private detective Anthony Pellicano even though he knew Pellicano was tapping people's phones. He's also been accused, in the course of Pellicano's racketeering and wiretap trial, of leaking a pre-publication copy of Vanity Fair that Pellicano mysteriously obtained, and of bragging about bugging the office of his Condé Nast supervisor. So why does he still have a job?"...

...the lessons here go beyond the need to move decisively in hiring and firing. If Reynolds could do that stuff in a huge company like Conde Nast, imagine the damage your IT guy could do in your smaller business -- where there aren't the same resources to weather a disaster. Put the time and effort into checking your IT guys out. Each one could mean the difference between life and death for your company. (more)
Well said!
You've been warned.

India Wants to Eavesdrop on BlackBerrys

BlackBerry users, beware of the snoops. India's Telecommunications Dept. told telecom carriers, Internet service providers, and officials at Research In Motion (RIM), the Canadian company that makes BlackBerrys, that it wants to eavesdrop on transmissions from every BlackBerry phone in the country. To comply, RIM might have to route calls and e-mails through government computer servers based in India. (more)
FutureWatch... Look for other countries to jump on this bandwagon.

Wristwatch SpyCam

from the manufacturer's press release...
This Watch Spy Camera and Receiver is the ultimate covert operations kit, the camera in the watch is so small it's practically undetectable and looks absolutely normal.

Smart mounting of the camera results in the image being correctly orientated when the watch is upside down, for example when naturally resting your arm on a table. With stylish brushed aluminum and black a face no one will ever suspect they're being watch by such a well dressed person. The receiver unit comes with a 2.5 inch LCD and the capability of monitoring 4 wireless cameras at a time, playing music and even MPEG 4 movies if the mood takes you. The is quite simply the most covert spy camera we have seen yet and is now available direct to you at Wholesale-Star's excellent wholesale prices. Easily sell this to your eBay customers for great profits and take advantage of Wholesale-Star's drop shipping service. (more)
Yes, the watch keeps time.
Yes, the watch transmits audio, too.

Price Drop!!! GSM Bugs now on sale - $35.00

Alert - The hottest new bugging devices are now among the least expensive. GSM SIM bugs are like cell phones, but without the keypad. Eavesdroppers call and listen from anywhere in the world.

At one time these devices sold for $250.-$500. The price has plummeted to $35.-$55. Why? The same reason their sister product (the cell phone) is often a give-away item... Economy of scale; thus proving consumer demand is fueling mass production.

Corporate Concern...
At these prices, "salting" offices with bugs becomes practical. Imagine... Buy in bulk and get custom silk screening - "Air Quality Monitor - Do Not Disturb." Even if accidentally seen, it might be accepted - "Every office has one of these."

Corporate Solution...
Periodic Eavesdropping Detection Audits are now an integral part of corporate security. Not having an eavesdropping detection program is negligence.

from a seller's web site...
"The GSM SIM Bugs are advanced audio surveillance devices. The SIM spy ear comes with compact design and embedded microphone system. This audio surveillance listening system no need software and no configuration required. Very easy to use. The only one thing you need to do is insert a pre-paid GSM SIM card into SIM card slot of the spy sim bug. Then you could hide it in an inconspicuous location and starts excellent listening surveillance." (more)

Congressman Ordered to Pay in Wiretap Case

A federal judge has ordered Rep. Jim McDermott (D-Wash.) to pay nearly $1.2 million to House Minority Leader John A. Boehner (R-Ohio), settling a legal dispute over McDermott's actions in leaking the contents of an intercepted 1996 conference call involving Boehner and other Republican leaders.

Chief Judge Thomas F. Hogan of the U.S. District Court for the District of Columbia,... had already levied a $60,000 civil fine against McDermott in 2004