PREFACE There is no way I can begin my second volume of the trilogy “MICROSOFT – the Guardian Angel” without firstly focusing on one of the most serious allegations in my first book, issued in June, an allegation that was also printed on cover IV of the volume. I quote accurately: As a result of five years of reporter investigations, I have the feeling that the IT giant was imposed on the market using heavy political police instruments. Even if no blame can be brought – for now – on Bill Gates’ company, the mega-business has only one beneficiary: the MICROSOFT COMPANY. Consequently we will have to shed some light on my legitimate interest in this trilogy. I have also taken to make the case public to meet the directions and recommendations of the European Union, which call for such situations be made public, throughout the entire community territory, precisely for a broader acknowledgement of the criminal phenomenon and of high level corruption. In other words, to quote Monica Macovei a Romanian EP: “let’s not pretend we’re unaware” of what this is about and how we should go about the generalized corruption in Romania. This is because Europe considers software and IT&C development as a strategic field, 8 MICROSOFT of major importance for innovations in information technology, so that the old continent should be in the position to enter an equal competition with the USA, on legal grounds, mutually agreed by the two parties. At first I intended the second volume of the trilogy “MICROSOFT – the Guardian Angel” to be entitled OLAF, if we could have secured information from this community body. Unfortunately, and despite our legitimate interest, relevant information has not reached us yet, so that we had to continue with the volume U.M. 0666. It is to be noted that the first book of the trilogy has been sent to all European Commissioners, including the heads of OLAF, accompanied by the English version. Nevertheless, only five commissioners have sent us a reply and said they had forwarded the request for information to those in charge. Two were given to the Competition Commissioner and three to the heads of OLAF. This proved to be superfluous, as we had already sent the book and its translation to every body. Consequently I am looking forward to find out from this institution handling European Funds if we are dealing with a “non-case” as per the leadership of OLAF in 2005, or a real case as they have stated later on. * It is well known throughout the world that the MICROSOFT Corporation giant sets up policies that trigger fear, uncertainty and doubt, notions that are assimilated to political police and to terrorism in general. It is known as well that they target journalists that they label on black lists in three THE GUARDIAN ANGEL - UM 0666 9 categories as “ok”, “uncertain” and “action needed” (see Appendix 1). Likewise, the ECIS Report speaks about hundreds, maybe even thousands of cases where Microsoft has employed anticompetitive practices, and other wheeling and dealing that are just as illegal, in order to eliminate competing companies on the IT&C market. ECIS, the European Committee for Interoperable Systems is one of the most prestigious professional organizations in the filed, and is internationally known. It is so prestigious that the First Instance Court in Luxemburg has admitted in the trial Europe vs. MICROSOFT both the Report in question and the ECIS as an integrated part of the litigation. If we should add that Bill Gates had allegedly been accused by White House officials that he was not a hero, but a high-tech terrorist, things begin to take a frightful shape. At reading the title of the book, readers might question the connection between MICROSOFT and Military Unit 0666, the previous Direction V of the Securitate in Romania, a symbol of the criminal way of the communist regime to “deal” with persons “hostile” to the regime. Before emphasizing the similarity between MICROSOFT and M.U. 0666, I will explain the definition of “hostile” during the late regime. It is the precise individual who takes to fight the system on an ideological, dogmatic level. He would not support, yet more fight communist dogma. The state had set up institutional instruments against these elements, both overt and classified, meant to eliminate all guises of ideological competition. 10 MICROSOFT In the rule of law – allegedly – in a democratic and multi-party state, there is no political competition between the individual and the state, and is replaced by an economic competition, which is based on new strategies. The benchmark of this book (SC OMNIS GROUP SRL vs. SC ROMANIAN SOFT COMPANY), intellectual piracy, where the MICROSOFT Corporation is highly involved, is nothing but a representative case study, a modus operandi, due to the way in which instruments and means of political police are put to use by the IT giant in promoting its own economic interests. To penetrate the IT&C Romanian market, MICROSOFT had to rely on high officials, many of them top members of the Securitate or descendants thereof. Registered methods of the past were kept up, yet not their purpose. If in the past they annihilated political “hostiles” of the system, they have now passed to annihilating those who could infringe the economic interests of MICROSOFT, a company that has been associated with the Romanian state since 2004, within a so-called strategic partnership. This partnership costs us a lot of money, and brings the Americans a substantial profit; even more so as they have found a doorway for a mechanism for accessing European funds. Of course, I cannot support the assumption that MICROSOFT would go up to physically eliminating its opponents. But, being associated with the Romanian State, more than once associated with the former Securitate, I can assume that there are persons to commit the assassination. Networks such as in the case of Cătălin Voicu and Mihai Caraman. THE GUARDIAN ANGEL - UM 0666 11 In 2005, when I published the first press article on intellectual piracy in question, it didn’t even cross my mind that that there could be an involvement by MICROSOFT Corporation and even less so of UM 0666 – Direction V of the Securitate. I was to find out later, with amazement, that the owner of OMNIS GROUP had been “operatively handled” before by the hideous communist structure, in the early ‘80s, by means of political police. And that MICROSOFT is involved in draining a highly successful software application, created by OMNIS GROUP after efforts and investments of over ten years. I am not afraid of being blacklisted by the IT giant, as Bill Gates’ men could not lay me off. Today I am an investigation media freelancer and writer. Yet with respect to the new Securitate oligarchy, to which I will refer extensively hereafter, I must admit a reservation. Just like the former Minister of Justice, Monica Macovei, when she tried to reform the system she was leading. And even more so when she closely avoided being blown up in her own house, after which she found herself destitute. Last Minute We hear from qualified sources that OLAF (the European Office for Combating Fraud in Brussels) is intensively investigating the case which happens to be the subject of the trilogy “MICROSOFT – the Guardian Angel”, and finds it as extremely complex on the European scene. This is a complexity that crosses the Atlantic, reaching the USA. At the end of last month (28 of June 2010), two days after his American visa had expired, American authorities 12 MICROSOFT detained Alexei Karetnikov near Seattle (to be precise in Redmond, headquarters of the MICROSOFT Corporation), unofficially accusing him for espionage for Russia. He was an employee of the IT giant as a software tester and is believed to have been in touch with the 11 Russian spies extradited to Russia, within an exchange for 4 American spies extradited to the USA. It is interesting that the 23 years old man, who was eventually permitted to leave to Moscow, had previously worked in a ghostcompany in our country, called “Neobit”, established in 2003 and specializing in Software. According to “Washington Post”, representatives of “Neobit” with headquarters in Bucharest denied that Aleksei Karetnikov had been their employee. I wonder: if he were, could they have admitted the connections with a character suspected to be a Russian spy in the USA? CHAPTER I Illegal Practices by the MICROSOFT Giant On March 31st 2009, ECIS set up a report of several tens of pages, with references to other thousands, to the attention of Governments and other partners – who could think of associating with MICROSOFT, regarding the “anticompetitive behavior and prejudice of the consumer” practiced by the company. ECIS is a 1989 established NGO, which pleas for a favorable environment for promoting IT&C interoperable solutions and is represented by a number of professionals in law and information technology. The Committee sees that all systems cofunction, just as “Word” is compatible with “Windows”, “Excel” and all MICROSOFT software, but not with Macintosh, Unix or others. In other words, once in the MICROSOFT instruments, the consumer should no longer be a captive user of the company. For a better understanding of implications, we quote from the ECIS report: On January 15th 2009, the European Commission released a new Statement of objections addressed to MICROSOFT, with an emphasis on “the preliminary point of view of the Commission 14 MICROSOFT providing that the joint sale of Internet Explorer browsers and “Windows” operation systems infringe the provisions of the EC Treaty regarding the abuse of dominant position (Art. 82) and distorts a real competition between competing web-browsers”. The recent Statement of objections of the European Commission validates the actual and urgent need to address MICROSOFT practices that affect freedom of the Internet, the options of the consumer and competition in general. The Pre-pronounced reaction of Bill Gates: This anti-trust campaign will fall into oblivion. We have in no way altered the practices of our company. The Report goes on: Over two decades, MICROSOFT has engaged in a well-planned and successful campaign to protect and expand the MICROSOFT monopoly, it has repeatedly made market allocation proposals to its competitors and has used a range of other anticompetition and non-legal tactics for eliminating potential rivals, including aggressive and monopoly tactics in creating their products, as well as methods of INTENTIONAL DECEPTION. Microsoft generates profits of over 60 billion USD per year, largely from the sale of “Windows” and “Office”, with a profit margin of 65 – 77% for these two monopoly products. Over the years, MICROSOFT has set up and expanded entrance barriers for competing firms, in order to protect these monopolies. Just as well, MICROSOFT has banned THE GUARDIAN ANGEL - UM 0666 15 “middleware” threats, such as the NESCAPE browser. Even though MICROSOFT has paid over the years many hundreds of millions of dollars in misinterpretations regarding anti-trust laws, these amounts have been a small price for such an important source of revenue. It suffice to say that in balance with the tens of billions of USD yearly profit of MICROSOFT, the largest fine paid to the EU amounts to approx one billion Euros, at the end of several years of court trials. One of the most relevant voices in Europe, regarding the vast IT&C and competition field, is the previous anti-trust Commissioner Neelie Kroes, standing vice-president of the European Commission, Commissioner of the Digital Agenda. In the previous term she did not deny the fact that certain persons in the American Government have made pressures on her, to lessen critical statements and sanctions to MICROSOFT. “The US Government has directly tried to influence the Competition Commissioner of the EU in favor of MICROSOFT. I said I didn’t intend to…the intervention was no longer made”. You can find more information on accusations against MICROSOFT in the ECIS Report in Appendix 2, where we publish a conclusions summary. The Red Plague of the East Tormented by fate and by our stronger neighbors, we Romanians have had to face the 16 MICROSOFT Russian red plague. Thereafter, we established our own communism, despite the fact that many had opposed this totalitarian doctrine. And even more had shut up for fear. We know how that was, as we had lived it ourselves. Westerners also claim they know it, but in reality they don’t have a clue. And we support this allegation by the following example, which is as real as it gets. Before the great crowd of December 1989, many Westerners were wondering that Romanians swear so much at the party and the state leader, the institutions and mainly at the Securitate. “They were asking “if you don’t love Ceausescu why vote for him”” And this is all that can be said about the Westerners perception on our tormented modern and contemporary history. The NATO and the EU have admitted our country to their structures, and have thus legitimized a state system they cannot understand, no matter how much information they believe they have. The Delegate Jonathan Scheele, who had been present in Romania for five years, could not help either. He came to our country in October 2001, as the third Chief of the European Delegation to Bucharest, with the aim of helping the would-be accession of Romania to the EU. Meanwhile he became the top leader of the Delegation. Everybody expected that the official, who had learnt our language, the customs, tradition, culture, history and who knows what else, should know us by heart. Yet things had not been like that. In the spring of 2004, the Head of the Delegation admitted that “Romania is a country that, the more you get to know, the less you understand”. THE GUARDIAN ANGEL - UM 0666 17 Later, in the summer, as he had understood that whatever he had spoken was not beneficial for his experience in the land of Miorita, he tried to rephrase it and said: “I believe that what I have said is not what I meant. I should have said that while I get to know Romania better, I also understand how complicated and hard to understand it is for a bureaucratic institution like the European Union”. Many political analysts, including Emil Hurezeanu (former editor at “Radio Free Europe” 1983 – 1994) believes that the instruments of the cold war persist even today. What they don’t realize or don’t dare to say is that the instruments of communist block countries are no longer used the way they were in the past. The target is no longer the West in an overt manner, but in a subdued one, indirectly. The target of those using these instruments are European funds, embezzled to fill the pockets of the oligarchy of the Securitate, of elements of secret structures and mafia-type networks set up after December 1989. The stake is of hundreds of millions of Euros, if not billions, meanwhile. A High-Tech terrorist The Strategic Partnership between MICROSOFT and the Government of Romania in 2004 has raised a great confusion on the IT&C market. This was because Bill Gates’ giant had just been summoned by Europe to a one billion Euros fine for anti-competitive practices. Later on, as Discovery Channel had just broadcast the documentary “The True Story of Internet Browser Wars”, where the producer John Helleman launched 18 MICROSOFT an explosive disclosure from inside the White House: that MICROSOFT Corporation was an enemy of the US Government, and Bill Gates was not a hero, but a high-tech terrorist, in conflict with the whole of mankind. Under these circumstances we may say (and this is what we will try to prove along the second volume of the trilogy “MICROSOFT – the Guardian Angel”) that the relevant company had associated with the Securitate oligarchy that has been active in Romania for over 65 years. We will consequently see that there are frightful similarities between the way of marketing MICROSOFT IT products and the practices of the former Securitate. What Kind of Stability Are We Talking About? In January 1990 I was a young post-revolution journalist at the daily “Dreptatea” and I was received, alongside several colleagues, by an advisor at the US Embassy. We sat and talked and at a certain point our host said that the US Government was very pleased that there was stability in Romania. “How so?” we wondered knowing that Iliescu’s communists had taken over power by the scam called National Salvation Front. And the to-be threefold President of Romania was then promising on the holy hammer and sickle that it would never run as a party. But it did. “Well, there is stability as long as second rank members of communist structures have taken over power and want a change”, he explained. We looked at each others stunned. Afterwards we chuckled, as we were convinced that the low ranking official did THE GUARDIAN ANGEL - UM 0666 19 not know what he was talking about. Later on we were to realize that he had been right, unfortunately. We were not beholder of the truth, he was. We were wrong and he was right, oh so right. We were to learn from the press that in 1989 George Bush Sr. had telephoned the Communist General Wojciech Jaruzelski (the dire enemy of the Solidarity) asking him to run in the elections in the name of the same stability. Hence we see that Americans needed and perhaps still need controllable politicians in remote locations – in the name of a certain type of democracy - , since they were courting communist activists. Just as well, President Bush Jr. also invited us in 2004 to build a bridge for the new Russia, but later on “forgot” his fatherly appeal addressed to the Romanian people. As far as I am concerned (a notice to those who could claim I have Securitate penchants) things look extremely clear. I had not been a journalist before; I had worked eleven years in the Airplane Factory in Bucharest. I joined the press in December 1989 and I published my first articles on February 6th in the daily “Dreptatea”. I did not get rich; I have modestly lived in an attic bought from a loan. I drive a Romanian car, whenever I can afford gas. This is one of the clearest proofs that I did not grasp material benefits from the new Securitate oligarchy, in exchange for selling my soul. I felt I had to make this comment, as several guys on blogs were implying that I probably work for a certain secret service, after the launch of the first volume of the trilogy “MICROSOFT - the Guardian Angel”. 20 MICROSOFT So to speak, my labor in the service of the verb and of the truth has brought me only spiritual satisfaction and in no way a material one. I am a poor citizen, but an honest one, as per a well-known contemporary politician, you will know better… Nevertheless there is a similarity between me and certain politicians, “old and new” Securitate members and opportunists of democracy. We all work or have worked with the verb. I have done it in the name of truth, others in a demagogic manner, to alter the truth, and the last for a slice of cake, through blackmail, intimidation, lie, threat and others. Yet between me and them there is the difference between a jeweler and a hammer smith. They both work on metal, yet the metals differ, so does the manufacture. CHAPTER II The Vlădescu Conspiracy I will continue disclosing the way in which the Romanian State and a group of interests around the Minister of Finances, Sebastian Teodor Gheorghe Vlădescu , have tried to exclude the company OMNIS GROUP SRL from the IT market and destroy its owner financially, psychologically and physically, under the umbrella and the direct involvement of the MICROSOFT Corporation. To what purpose? The commercial company with a lock, stock and barrel Romanian capital, with the sole aim to create and develop domestic software, has dared to achieve the best ERP (Enterprise Resource Planning) product in Europe. Moreover, they have not entered a contract with the Romanian state, not because they would not win a tender in the field, but because they haven’t been part of the corrupt system. In other words, whenever they would win a tender, it was cancelled on the spot for lack of funding for the program. This did not stop Romanian authorities to organize another tender, one or two month later, to the benefit of a company that was compliant and was part of the system. OMNIS GROUP has not taken to associate with a Government hot shot of the time, with a former Securitate member or a present day head of one of 22 MICROSOFT the secret services, even though they had been proposed to do so repeatedly. This was before MICROSOFT became the “strategic” partner of Voicu and Vlădescu. This is where it all started, according to the communist principle “he who is not with us, is against us”. To be clear and in brief, this is the series of events: Episode 1 A Romanian IT company develops creativity and sets up the best software instrument, which facilitates the integration of all information within an organization, be it a hospital, a city hall, a ministry, an agency, a hotel or a factory into a unique platform. The ERP, set up by numerous programmers over ten years of efforts and investments, ensures a transparency of data within an entity and facilitates access to all types of useful information of the procedure. The field of applicability are: production (planning and its dynamic), administration (evidence of stocks, suppliers, payments and incomes), salaries (the calculation thereof and staff information management), accountancy (financial accounting record), immobility (a record of assets and calculation of refund), CRM (client relations management), BI (reports, analyses, prognoses), etc. It is in 2001 that the ISIS net software wins the prize of the best ERP product in Europe, within the competition “Microsoft EMEA RAD Awards”, and one year later it wins yet another prize in Paris for the most efficient use of standard technologies (open) over the Internet. THE GUARDIAN ANGEL - UM 0666 23 Episode 2 The company SC (Commercial Company) ROMANIAN SOFT COMPANY (RSC) SRL is established in 2001, with Sebastian Vlădescu as a significant partner, an always present advisor, or Minister of Finances. With only one employee – with no experience in computers whatsoever, according to his own statements, the company secures European funding amounting to 50,000 Euros, for the establishment for three new software programs. Out of the blue, two OMNIS employees are selected form college and initiated into IT secrets by RSC SRL and shortly after, Vlădescu’s company launches three new applications on the market, just like a magician who performs the hat trick. One application is known as HIPOCRATE and is donated to Secret Service hospital (SRI – Romanian Information Service), “Prof. Agrippa Ionescu” and to the Ministry of Interior hospital, “Prof. Dimitrie Gerota”. This has ensured a notoriousness needed for the purchase of the product by further hospitals, city halls, commercial companies and even by the Defense Ministry. The fact that at the time Minister Vlădescu was an associate of the to-be Prime Minister of Romania, Călin Popescu Tăriceanu, is of lesser relevance. But, the fact that during Liberal governance Health Minister Eugen Nicolaescu (a.k.a. Minister of Death) summons all hospitals under his umbrella to purchase HIPOCRATE is of interest indeed. Episode 3 OMNIS GROUP representatives find out that approx. 5,000 code-lines which are indispensable for running the ISIS net application are to be found in 24 MICROSOFT HIPOCRATE, according to the RSC SRL website. These code-lines had long been registered at the Romanian Copyright Office. Episode 4 OMNIS furthers a claim for theft of intellectual property to all relevant state institutions. This is when the owner of the company starts to be confronted with unbelievable situations, even for communist times. He is subject of two setups (even though the reader will find it difficult to believe): he is stolen a house legally purchased from the previous owner, and is framed to be the thief and not the damaged party. And what is the location for such a setup? It is the very headquarters of the General Police Inspectorate in Romania He is furthermore warned by high officers (the Director of Judicial Investigation, Victor Nesterov) that it would be advisable for his family (wife and two children) to live abroad for a while, as in Romania they could be in jeopardy. Episode 5 The owner of OMNIS GROUP attempts for over five years to prove through specialized expertise and official documents that the pirated product belongs to him. Meanwhile he is at his turn sued for an alleged slander; he is accused by RSC that he was envying the so-called success of the latter. Despite the fact that the pirated code-lines had been illegally become an RSC property, word for word, letter for letter, bearing the fingerprint of the programmer and his spelling mistakes, Police Investigator (Florin Minca), Case Prosecutor (the controversial Nicoleta Bulgaru) and last, but not least Judge Viorica Costiniu (wife of Judge Florin Costiniu, recently involved in corruption, THE GUARDIAN ANGEL - UM 0666 25 and part of the mafia-type network of Cătălin Voicu – arrested and trialed by the National Anticorruption Department) reach the conclusion that RCS did not steal anything, as ISIS net is to be found in the Navison 3.60 of MICROSOFT, or in other cost-free programs on the Internet. And who has the last say in this absurd conclusion. It is notorious people in the MICROSOFT leadership, among whom, technical director Ionut Lopatan, who become an expert with RSC SRL, on the payroll of Sebastian Vlădescu’s company. In other words, Lopatan claims that RSC and OMNIS have indeed used the same MICROSOFT technology, mainly the Navison application and it is therefore that they reached the same result, in a complicated string of events. And when we say the same result we mean approx. 5,000 code-lines with the same programming language, the same wording and spelling mistakes. This is hard to believe, isn’t it? Episode 6 After several years of journalist investigation, we have come to completely different conclusions, which were not seen by criminal investigation bodies and by the law, or that have been overlooked for self-explanatory reasons. Firstly, at the time when the ISIS net application had been registered with ORDA and was granted the award for the best ERP product in Europe, MICROSOFT Corporation was not developing such a technology and was not selling similar applications in Romania or throughout the world. The IT giant was to purchase a Danish company shortly after, for 1.4 billion USD. This included the Navison application that was somewhat similar to ISIS net, yet less performing. If it had been 26 MICROSOFT just as competitive, it would have participated in the 2001 MICROSOFT contest, and would have competed with the OMINS GROUP SRL product. Yet this did not happen. Later on, MICROSOFT introduces Navision on the Romanian market, and commercializes it on channels opened with the goodness of heart of the Romanian State. It was a controversial strategic partnership. Even more so, they started claiming that ISIS net was copied from Navision and other ERP programs, which they weren’t developed at the time, as explained above. Having said that, we can only say that the MICROSOFT machine had no other purpose, then to eliminate a credible and uncomfortable competitor on the IT&C market, and that is OMNIS, to allow them to promote the Danish product acquired and to control the Romanian market, based on the prerogative of being a referee of the IT field by the Romanian State, with Adrian Năstase as Prime Minister and Dan Nica, Minister of Communications. This was when we can say that MICROSOFT got associated with organized crime in Romania, while the two parties were holding contractual relations, from 2004 to 2013. * I will further on present the reader several sequential and specific guidelines that I will elaborate on over the second volume of the trilogy “MICROSOFT - the Guardian Angel”. 1990 – Delegated by Ion Iliescu, Officer Cătălin Voicu (present senator, in preventive arrest for corruption) was explaining to magistrates – while THE GUARDIAN ANGEL - UM 0666 27 spinning a gun around his finger – how justice should be made in Romania and how to obey. Since that year, most of high ranking Securitate officers were co-opted into the Romanian army and the new democratic structures. 1998 – This is the year when the bases of the National Interforce Unit were secretly established, from which emerges the GOC (Central Operative Group), under the coordination of General Nicolae Berechet, coming from the county of Arges, just like the hideous communist assassin, Securitate General Nicolae PleşiŃă and the “Butcher in the Home Ministry” Securitate Colonel Gheorghe Enoiu. The secret structure had permission to monitor and operationally put to use all gathered information, including blackmail of high officials, magistrates and businesspeople. It is noticeable that even today nobody can confirm or deny if the GOC is still operational. 2001 (February 22nd)- The Năstase Cabinet establishes the Group for Promoting Information Technology. 2001 (March 27th) – three Romanian state representatives take a trip to Seattle (Redmond), to the MICROSOFT Headquarters, to set up due diligence for a future cooperation with the Romanian State. 2001 (May 22) – MICROSOFT hands the Romanian Government in Bucharest a letter of intent, for a future fruitful cooperation. 28 MICROSOFT 2003 (September 17th) – Establishment of an agreement for the conclusion of a Strategic Partnership between MICROSOFT and the Adrian Năstase Government (Minister of Communications, Dan Nica). 2003 (October 30th) - Signature in Rome of the Government Security Program – GSP, where MICROSOFT is appointed sole referee on the Romanian IT&C market. 2004 (April 15th) – The Government of Romania and MICROSOFT conclude Contract 0115RO, for an amount of several of tens of million USD, from 2004 to 2009. Appendixes to the Contract increase the amount to 110 million USD and a mock tender extends its duration from 2009 to 2013. CHAPTER III Old and New Securitate Members Schooled and brainwashed in communist party schools, Russian spies of last century had an extensive knowledge of their homeland history. After October 25th 1917, there were more than once moments when communist leaders were arrested by the crowd, or by the army or were ending under the bayonets or the boots of their own people, at the slightest suspicion, or subsequent to wellorchestrated slander. The conclusion reached by people in secret services was that: POWER IS SHORT-LIVED. This made them take over second rank power, while letting politicians kill each other. Thus, they could control and influence the destinies of their country in the shade, while enjoying all privileges of the time. It is secret services, also a source of Soviet spies in our country, who were monitoring politicians, sometimes blackmailing them to their own benefit. And whenever there was an interest they were committing assassinations in cold blood. It was with such a “doctrine” that Russian spies got to Romanian politicians, supported them, and allowed them access to the highest ranks of power, while monitoring them from a distance and quite 30 MICROSOFT capable to get to their necks at all times. As they were only a handful, they co-opted Romanians capable of anything, even of assassinations. This is how characters like PleşiŃă, Enoiu, Postelnicu, Draghici, Goncearuk, Vlad, and many others emerged. They have all lent a hand to setting up the frightful Securitate, the scariest and most horrible repression instrument for the Romanian people. In other words, we are talking about the puppeteers of the communist system who had in essence only served their own interests, those of the pack and of third parties outside our borders. I don’t want to be misunderstood. I don’t want the reader to believe that after 1944 it was Russian spies and Securitate who lead this country. They were not really interested in politics, as long as they were part of a mob with exponents above the law, and material advantages to their expectations. It was also impossible for them to make mistakes and not to place the bet on the winner horse, as long as instructions were coming from Moscow. Securitate members only had to observe a set of rules, not to talk if not asked to, be compliant with top decisions and act only if ordered. For the rest, things were following their course. Why would they be interested if people were well-off or not, as long Moscow was not sending complaints regarding politics and communist party issues?! They were in good health and happy. In a private meeting near Curtea de Arges, former General PleşiŃă said to the close crowd beside him “Ceausescu was a fool, but he was our fool. We could play him as we pleased, throwing memos at him and influencing his decisions”. Even nowadays Romania is not lead by Securitate or by THE GUARDIAN ANGEL - UM 0666 31 secret services, per se. It is only influenced to meet interests of the Securitate, who have now taken the shape and guise of important secret service agents. This is how our country has the most numerous secret services in the world, after the USA and the UK. If Ion Iliescu is in power, all is well. The Securitate members of his liking will prosper, while even those in disgrace are still remembered. Things were the same with Emil Constantinescu. And now it seems to be the same old story. They know that a chain cannot resist if one link is broken. And this is why they protect each others, like brothers do. There might be a syncope once in a while. Perhaps even directed ones, to cover the immense quietness within the system. All in all it still is Securitate that is in power, but in the shade, irrespective who is leading the country politically. It is noticeable that even inside this mafia there are bruises. Yet these are only on an economic level, as each group tries to secure more resources. Who is the hot shot with the nicest villa, the most luxurious car and largest bank accounts? Who is the hot shot that sends his children to study abroad, and spends his vacations in exotic countries at all inclusive and for free? Meanwhile, “old and new” Securitate members deal with what they know best. Putting together files that are so much needed (maybe even more so than before 1989) in political feuds, which tend to have a certain sense of fun. It is sad for the Romanian people that they won’t get rid of Securitate any time soon. This is a conclusion in the history of mankind. Moses took his people through the desert for 40 years, after the flight from Egypt, in order to let one 32 MICROSOFT generation die out and not get to the Holy Land with a mentality of slaves. In Romania we need even more time, in the happy circumstance that former and present Securitate members should reorganize into another national conspiracy, much more atrocious, inhuman, diabolic and efficient, if this is still possible. Twenty years and more after the crowd in December 1989, the moral revolution of the society has become an illusion nobody believes in any longer. People have resigned, after so many postDecember disillusions that have annihilated their hopes. This is why I am convinced that nothing relevant will change in this country in the following 30 years. Even more so as Europe considers us freaks, and is too little interested in the problems we are really confronted with. It is even less interested in landing us a hand, as long as they do not have a deep understanding of what we have to face. Or as long as they are not really interested. The New Oligarchy After the seventies, Securitate members have started reading books, to overtake their semi-illiterate teachers and not to make fools of themselves in their relations with civilians and institutions abroad. Each of them more or less specialized in certain fields, including tourism, economics, industry, IT and foreign languages. Others were co-opted from these fields of activity as informers or undercover officers. Yet their methods such as blackmail, diversion, beating and torture, intimidation, fabrication of evidence, phone tapping of all kinds and all other Securitate practices have remained unaltered, with a THE GUARDIAN ANGEL - UM 0666 33 merely technological input. They have all continued to serve the same two major interests: protecting and manipulating party and state big shots and increasing their fortunes. They were caught in this state by the December ’89 crowd. They had supposedly foreseen the event in due course and they did not take action to cut it short. Nevertheless they put together scenarios for taking over the economy, special hard currency funds, socialist state-owned companies, buildings, lands and other assets and liabilities that belonged to the entire people. Initially, Securitate apparatus were transferred under the control of the army, but it was obvious to everyone that things could not have remained like that. Only a few Securitate members resigned from all activities. A part of the high officers and their aids set the bases of the Romanian Information System, which was legalized on March 26th 1990, under the leadership of Virgil Magureanu. Consequently, many officers allegedly specialized and became indispensable in counter information, they became overnight members of the above institution with large salaries and privileges like before. Others became business people, representatives of financial interest groups within the same system. They were supported in getting rich by former colleagues with other state institutions and in the leading political party positions. But since only a handful of them stayed in the army, there were still senior Securitate members unemployed. It is for them that the Commandment for Gendarme Troops was established, which was turned later on into the Romanian Gendarmerie. 34 MICROSOFT The Network of Descendants Continuators of the Late Regime and At this point, I believe it is time to return to the main subject of the “MICROSOFT – A Guardian Angel” trilogy, by reviewing all shadow characters in this story, In order to explain the honored reader who the owner of SC OMNIS GROUP SRL had to deal with, directly or indirectly, in his unequal fight with a corrupt system, with the Securitate oligarchy with a legal system that accredits and arguments without a blink that white is black and black is white, whenever interests call for that. THE GUARDIAN ANGEL - UM 0666 35 invested as the Prime Minister of Romania (December 2004). One of these two companies “Leader HighTech SRL” was established in 1999. The same year the company secured a turnover of 9.153.413.000 old Lei (approx. 597.000 USD) from trade of medical supplies. Between 2000 and 2002, the company owned by the tandem Tăriceanu – Vlădescu ceased to submit their accounting balance to the Ministry of Finances, and in 2003 they reported a debt of 460,454,000 old Lei, respectively, 14,000 USD. After 2004 there was no further information on the business of Tăriceanu and the Minister of Finances Vlădescu, as they stopped all data input in this regard. Călin Popescu Tăriceanu He was the adopted son of Liberal Dan Amedeo Lazarescu, raised and educated by the latter, but he was not recognized as father, only like the mother’s husband. After years of imprisonment for being a PNL member (National Liberal Party), Lazarescu started fully cooperating with the Securitate, after his release (just like his senior colleague – Mircea Ionescu Quintus), who had also admitted to that. He found his own circumstances for being an informer, by justifying that from the money earned from the Securitate he was helping the families of his liberal colleagues, while sealing their sentence to hard labor. Tăriceanu was the business partner of Sebastian Vlădescu in at least two companies, that he strangely enough omitted to mention in his wealth statement, when he was Eugen Nicolaescu Was born in Grădiştea, county of Giurgiu, a liberal, an economist and former Minister of Health between 2005 and 2008, a.k.a. “Minister of Death”. Just like Sebastian Vlădescu he is an alumnus of the Academy for Economic Studies, graduating in 1982 long distance courses (Notice: General Nicolae PleşiŃă has headed the Securitate School in Grădiştea form 1982 to 1989). Before, during and after school he works at the Hotel and Restaurant Complex “Athenee Palace” within the Tourism Company for Hotels and Restaurants as a commodities officer and an economist. Later on he becomes an analyst and economist at the IT Centre for technical-material procurement at the Industrial Headquarters for Special Equipment at the Ministry of Industries and Resources. 36 MICROSOFT From 1990 he works at RA RATMIL (Autonomous Regie for Military Technique) at the Ministry of Resources and industry, and becomes an economic director (1994 – 1997) and even Director General (1997 – 1999). It is known that this company had been established during Ceausescu’s time for ensuring armament export to Africa and the Middle East, and had permanently been under the control of the Securitate. And even more so, all employees had been controlled by this political police service, if they were not undercover officers thereof. After that, Nicolaescu undergoes a metamorphosis to become an active liberal, and is appointed Deputy Secretary General at the Ministry of Public Finances (1999 – 2000) and interim president of CNVM (National Liabilities Commission – 1 – 7 July 2000). According to Wikipedia, “In May 2008, prosecutors of the National Anticorruption Directorate have started a penal investigation against Eugen Nicolaescu and Deputy Cristian Boureanu, Vice-President of the PD-L (who had deserted from the PNL). They were charged for abuse against public interests. The two were accused that in the year 2000, while they were members of the General Assembly of Stockholders of the Romanian Lottery, they approved an Additional Act to a Contract between the Lottery and the Greek company Intracom, which prejudiced the Romanian company for more than 120 million Euros”. Nicolaescu also was an employee of the weapon trafficker Shimon Naor (alias Simen Herskovici), who had been in international pursuit since 2006 by Romanian authorities for the THE GUARDIAN ANGEL - UM 0666 37 execution of a sentence of 11 years of imprisonment and was recently arrested in France. Shimon Naor has been set free by several Romanian judges at the Romanian Court of Appeal, who were later on sued for corruption and sentenced to 3 – 5 years of imprisonment. You will find further information about the “partnership” of the two in Appendix 3. Sebastian Teodor Gheorghe Vlădescu He is a graduate of the Romanian Academy for Economic Studies (ASE), class of 1983. He is employed at first as an economist for the recovery of credits at the Mill for Special Steal in Targoviste (Detail: General Nicolae PleşiŃă has run the Securitate School in Grădiştea between 1982 and 1989). At the same time he is charged with program implementation for investments and acquisitions, paid by the IRVMR (Enterprise for the Recuperation and Valuing of Recycled Metals that functioned under the control of Bucharest Securitate). This was a position that could have been taken only by an active cooperator of the Securitate, or even an undercover officer, After 1989 he joins the private sector, initially importing pickles from Bulgaria, with a van, or selling newspapers, trinkets, shorts and coffee makers in the University Square in Bucharest. Later on we find him a stockholder, associate or director with the following companies: 1. Boss Exim Trading Group, 2. Boss Construction and Consultancy, 3. EOL Renewable Energy, 4. PVB Euroconsulting, 5. Ecologic Allpro, 6. Leather High-Tech, 7. Wine Club, 8. Team Delta 38 MICROSOFT Project, 9. VKT Environment, 10. Rom offset Management, 11. Tipo Trading, 12. Aqua Fin Consulting, 13. BCC. 14. Lord Expert Consult, 15. Gas Prod Com., 16. Comp Banc, 17. Medist SRL, 18 Medist SA, 19. Event 4 You, 20. Hemat Rom, 21. Polimed Medical Center, 22. Rapid Credit, 23. Clean UP, 24. Climate Change, 25. Pulbic and Industrial Works Enterprize, 26. Topanel, 27. Altipo Construct, 28. CVS Constructii si Investitii Imobiliare, 29. Polimed and ROMANIAN SOFT COMPANY. He was a Liberal at least until the beginning of the new millennium, after which he failed to pay his contribution; Vlădescu is appointed State Secretary at the Ministry of Industry and Commerce, as a responsible of the Financial Compartment. Meanwhile he sees for his own business, and starting in 1999 he becomes repeatedly an advisor of the Minister of Public Finances and even Minister (December 2004 – 2007 and December 2009 – present). In a very shady manner, we will not find any information on the Government site on Vlădescu’s activity before 1997, as this would not look good for the already crumpled image of the Emil Boc cabinet IV. It is mainly about his image form before 1989, when he was an associate of the Securitate as the head of the IRVMR. It is good to know that nobody could get to such offices (see the post-December ascension of Eugen Nicolaescu at the RATMIL) without being especially schooled by this instrument for oppressing the Romanian people and without exactly following orders and tasks at that level. We are probably right, and the evidence therefore is the free donation of software to the “Prof. Dr. Agrippa THE GUARDIAN ANGEL - UM 0666 39 Ionescu” Hospital of the Secret Service and the sponsorship that was turned into a donation of the same application to the hospital of the Home Ministry (MAI), “Prof. Dr. Dimitrie Gerota”, to which I will refer later on. The moral profile of this character, which is playing today with the destinies of the Romanian people, is subject to many pages. In a recent TV broadcast, he admitted that the people had been lied to so far, but that this could not go on any longer. And if we are not pleased with the increase of the VAT to 24%, we can move to another country with no VAT. Over the first years of the new millennium, Sebastian Vlădescu was the marriage godfather of his liberal colleague, Cristian Boureanu. On this occasion he got involved with the new wife of the latter and divorced Carment Vlădescu. He offered his ex-wife his participation in Medist as a good bye present, if we should trust his confessions. As for Boureanu, he migrated to the PD-L, the party of President Traian Băsescu, and became one of the toughest critics of the Liberals. Maybe it is not by chance that in 2005 Medist concludes a contract for 6.5 billion Lei with the STS (Service for Special Communications), for equipping cabinets for stomatology, microbiology, and internal medicine, while negotiating with only one source. Due to the fact that Medist is in close cooperation relations with at least the Home Ministry, The Romanian Secret Services (SRI), The Special Guard and Protection Service (SPP) and STS, Carmen Vlădescu was found not guilty in a car accident, on 29 May 2005, in which one person died and two were severely injured. To be more accurate, 40 MICROSOFT the officers in charge of the investigation reached the conclusion that the deceased is to blame, as well as a mysterious mentally ill person who happened to take a stroll in the proximity and jumped in front of the car of Mrs. Vlădescu. * Exasperated by the unbelievable conduct of Sebastian Vlădescu, one of the Vice-presidents of the governing party, Cezar Preda declared for RFI (Radio France Internationale) that the Minister of Finances “has sabotaged the Government”, by ridiculing the Prime Minster and also that the latter is afraid to destitute him. In fact, no member of the Government would listen to Emil Boc, as they all consider him hopeless, and incapable of making him heard. This is the text: I am honestly very concerned. If so far, in political and economic environments in Romania it was circulated that the Prime Minister can hardly control his cabinet, we find these days the same situation within the Liberal Democrat Party. I, at least, am not at all surprised by the Minister of Finances. He does whatever he pleases, as he pleases, he tells whatever crosses his mid. The Prime Minister can only react to what Mr. Vlădescu or Mr. Şeitan (Mihai, Minister of Labor, Family and Social Protection) say, if you can recall. I am sorry for the Prime Minister, for the fact that he got to the point where nobody listens to him any longer. It is not good to see, as we have seen in the past, that decisions have been taken that are not agreed either by the Cotroceni Palace, or by the THE GUARDIAN ANGEL - UM 0666 41 Minister of Finances, or by the Cabinet at the Victoria Palace. What can the citizens of Romania understand, other that there is chaos? The Prime Minister is to blame for that. The Prime Minister should have immediately made him redundant on these grounds, but he does not have the power, he is not capable of doing it for fear of I don’t know who. I don’t understand how one Minister can set to sabotage an entire Cabinet and make the Prime Minister look ridiculous, every time he takes to do what the country needs right now: to get rid of the floods, to get over the crisis. We are watching, just like you do, an incredible situation: a Cabinet where the Prime Minister is the last to hear what one Minister or another has to say! And, despite this fact, he doesn’t take any measures. What can we do, else than tell people that we do not agree these situations, either? I don’t think this will take place (Restructuring of the Government), not even in September. How can anyone believe that they will carry out the internal reform in central administration, since they haven’t done it so far? They can’t. It is now that they have started thinking. It is only now that they have started taking decisions. And the salary reductions have been introduced on July 1st! And it is only now that we have started considering what we will have to do inside the Government and inside the Central Administration? It is not fair and not to be understood. Very many leaders of the DemocratLiberal Party disagree with these situations, because this action is not credible for the Romanian citizens. 42 MICROSOFT Other interesting details on the “fruitful” activity of Sebastian Teodor Gheorghe Vlădescu are to be found in Appendix 4. Agrippa Ionescu This character is not very important for the present dissertation, but the interests that have gravitated around his name, mainly after his death, are certainly important. He was a graduate of the School of Medicine in Timisoara (1952), and specialized for six years at the School for Practical Trauma of Korea War and at the gigantic Russian School for Plastic Surgery of Leningrad. In 1958 he sets up the basis of a reparatory plastic surgery and burns clinic in Bucharest (Str. Arch. Ion Mincu, in the old Emergency Hospital building), with 50 beds. In 1959 the hospital becomes independent, and the only one in Romania, under the name of Clinic and Hospital for Plastic and Reparatory Surgery, with 151 beds. In the spring of 1990, it is not by chance that the unit is taken over by the Romanian Secret Service (SRI), under the name of The Clinic Emergency Hospital “Prof. Dr. Agrippa Ionescu”. The reputed Doctor was married to the young Doina, of the same profession, who continued his tradition. Once a widow she remarried Admiral Emil Dumitrescu, a.k.a. Cico (a FSN hot shot and Presidential Advisor during both tenures of Ion Iliescu), and becomes Doina Ionescu-Dumitrescu. The daughter of the Admiral has been for many years the concubine of surgeon Adrian Murea, at the Clinic Emergency Hospital of the MAI “Dr. Dimitrie Gerota”, who intended to set the bases of a private THE GUARDIAN ANGEL - UM 0666 43 clinic for plastic surgery with his mother in law. To this end, Murea, also known as “Doctor Death”, tried (and almost succeeded) to steal a building from OMNIS GORUP SRL owner, Dragoş Rişcanu. His file has been with the DNA (National Anticorruption Directorate) for many years, and has been belated due to its complexity, as we have word for word been told by the General Prosecutor of Romania, Laura CodruŃa Kovesi, as well as by her deputy, Prosecutor Marius Iacob. I have to say that Doctor Death is today involved in at least two cases where he used his dying patients’ identity to illegally get hold of properties by forgery and use of forgery. We must say that on the surgery bed of Doina IonescuDumitrescu a patient deceased, who had called in for a facial. The event was covered by the Doctors’ College in Romania and by the bodies for criminal investigation, who could have referred at least to negligently killing. You can find more on this incendiary case in appendix 5. Ghizela Vass – Bogdan Olteanu Another very interesting case is that of former communist and Cominternist activist, the Moldovan Ghizela Vass, who set up the premises for the financial continuity of her ancestors. Here are some facts about her: She joined the PCR (Romanian Communist Party) in 1933, at the time when this criminal party was mainly made of NKVD agents, who had been infiltrated by Moscow. In 1945 we see her holding a membership at the CC (Central Committee) of the 44 MICROSOFT PCR, mainly in charge with releasing Kishinev Moldovans “form under the Bourgeois – Landowner Yoke of Romania”, and later on for freeing Romanians in the country from the yoke of Iuliu Maniu and Dinu Brătianu. In the following years she will have held the office of the Head of the Organizational Department of the CC of the PCR, member of the CC Secretariat and in 1958 of Head of International Relations of the party. In 1970 she was – so to speak – marginalized by Ceausescu, and got the office of Deputy of the International Relations Department of the party, a positions that allowed her the contact with Carlos “The Jackal”, at his arrival in Romania, as she had known him for a long time. She went into retirement in 1982, at the age of 70, and she lived most of her life in a luxurious nationalized building in the residential area of the Capital ( Str. Zambaccian no. 1, a neighbor of former Prime Mister Adrian Năstase), with expensive furniture and valuable paintings. It was in that house that “Bica” raised her grandson, Bogdan Olteanu, who was still in her care at the age of 30. The grandparents of little Bogdan on his father’s side had fled to Germany where they repeatedly protested against the communist regime through “Radio Free Europe”. Ladislau and Ghizela, his grandparents on his mothers’ side, sided with the communists even after Ion Iliescu came to power. Therefore, the young man had to choose between the two futures ahead. And he chose the former, as the PNL’s ideas sounded more convincing, and also because he had to pass the time somehow. In a relatively short time, he banded with Călin Popescu Tăriceanu, and in 1998 worked with the THE GUARDIAN ANGEL - UM 0666 45 RATMIL (the Autonomous Regie of Military Technology). Afterwards, he was appointed as advisor to the latter, eventually going on to take office as State Minister, Minister of Industry and Commerce, Vice-Governor of the National Back of Romania and even Minister in Charge of the Relationship with Parliament. Thanks to his friendship with Tăriceanu, who acted as the godfather at his marriage, Olteanu continued his ascension right until his appointment as President of the Chamber of Deputies (2006 – 2008). Other interesting characters - Mihai Gherman, CEO of the IT firm “Intrarom”, then of “Siemens”, the son of former three-term PSD senator Oliviu Gherman, who used to fall asleep during hearings in his tenure of the Presidency of the Romanian Senate, acting as the second ranked person in official State capacity - Vladimir Aninoiu, long-time general director for IBM Romania, the son of Securitate general Aninoiu - Tiberiu Urdăreanu, reserve major, owner of the “UTI” company group, the son of General Tiberiu S. Urdareanu, former superior to reserve-general Dumitru Zamfir and, until recently, deputy director of the SRI. His wife, Lucia Urdareanu, former employee of the DIA (Army Intelligence Directorate) - Alexandru Octavian Grumaz, son of general Alexandru Grumaz, former deputy of the STS, and former Consul of Romania to Shanghai - Ovidiu Artopolescu, former head of Microsoft Romania, husband of Corina Artopolescu who owns a certificate of so-called freedom fighting in the 1989 46 MICROSOFT Revolution, and who later became commissary in chief in the Romanian Police, chief of the Schengen Directorate. We have mentioned her involvement with the “Prof. Dr. Dimitrie Gerota” MAI hospital’s use of pirated software from RSC SRL, and also her false statements regarding her claim that she had never been part of the presentation of the HIPOCRATE application on behalf of the MAI leader board. CHAPTER IV A Case Study Romania has been confronted with a situation ongoing for 70 years. The continuators of former communists and Securitate are their descendants, as well as new employees who have become compliant with their new selection criteria. In this context, the „Dragoş Rişcanu – SC OMNIS GROUP SRL” case can become a case study to the attention of European autorities, for uncovering a corrupt and decrepit System that still governs Romania’s destiny. We cannot forget, that over this period MICROSOFT CORPORATION has been one of the great beneficiaries of the system, and has concluded a Governmental Strategic Partnership with the Romnaian State, and has thus become the IT&C market referee in Romania. To that we can add all permanent contracts, released in 2004, which have constantly been ammended by Additional Acts amountig to many digit figures. MICROSOFT is, as well, a partner of Vlădescu’s company SC RSC SRL, which he had defended in the software piracy scandal as deceivingly stating that the pirated programmes had been set up with the technoloy of his own company and not with that of OMNIS GROUP. 48 MICROSOFT We must repeat a halucinating detail that will raise question marks for all those in good faith. For completing the ISIS net application, all OMNIS employees had worked for a decade and were awarded by no other than MICROSOFT for the best ERP product (Enterprise Resource Planning) in Europe. Te RSC SRL Company was established in 2000, with no employees. In 2001 they had only one employee, who was illterate in computers, and in 2002, as soon as they got European finacing (from a PHARE Programme) to the amount of 50,000 Euros, they had two employees on their payroll. And, all of a sudden, after head-hunting the two OMNIS GROUP enployees, the pirates release a top highly performing product on the market. Hocus-pocus! Despite of his connections with the business world and the relations in the corrupt system, Sebastian Vlădescu realises that he cannot compete with prestigious firms to win public tenders. Therefore, he sets up a scam diginifying a master of evil. As an important associate and economic director of SC MEDIST he forwards to the „Prof. Agrippa Ionescu” hospital of the SRI a free offer, allegedly belonging to SC RSC SRL, a company where he is as well an important associate. The offer is accepted and countersigned by the controversed Ovidiu Soare, Chief of the Inspectorate for Defending the Constitution and Economic Security, within the SRI. The gift, amounting to 12,000 Euros without VAT, was presented in August 2002, under the brand of HIS (Hospital Information System) HIPOCRATE. Yet it was not delivered at the same date, as it not yet existed. Hence it was only the promise of an offer, while delivery was scheduled for a later date. It was only in September, the same THE GUARDIAN ANGEL - UM 0666 49 year, that RSC registered the HIPOCRATE 1.0 application with the ORDA, which was in fact an upgrade of the British programme Telepath, Romaian version. In November 2002, following the same scenario, RSC sets to sponsor the paravan NGO of the MAI Hospital „Prof. Dr. Dimitrie Gerota” with the pirated software (amounting to 150,000 Euros, wihtout VAT), wich donates the software to the same hospital. The person in charge of apporving this shady transaction is the Police General Nicolae Berechet, responsible of MAI logistics and Secretary of State, on the position previously held by Cico Dumitrescu. In December 2002, RSC receives 50,000 Euros from the European Union, to set up computer programmes that they had already offered for free or under the guise of a sponsorship/donation. The reason why entities under the umbrella of the Romanian Information System and the Home Ministry make high range business with a no-name company in the trade(we refer here to RSC SRL), without notable results, with no contracts, no references or specialists, can only be explained by those involved. In reality, the application that had been so generouly offered to the two hospitals as late as in September 2003, after Dragoş Săracu and later on Irinel Lupoi were head-hunted from OMNIS GROUP. They did not leave empty handed, they took a copy of the ISIS net application along. * 50 MICROSOFT It is of lesser importance that an application like Telepath does not cost more than 5,000 – 10,000 USD throughout the world, as it was offered for free. Yet the fucntioning of all computer programmes involve maintenance. This amounts monthly to 3,000 – 5,000 USD, money that we assume were cashed right away after handing in the pirated application. This makes the profit be double. With no effort or important investments, Vlădescu’s company gained a certain notoriousness on the IT&C market, and succeeded – as partner of the SRI and the MAI – to convince other beneficiaries to take their product. This way several private companies, a Bucharest City Hall, a Unit of the National Defense and several hospitasl joined this shady club. Yet, this was not enough for Vlădescu’s greed. This is where Eugen Nicolaescu, Minister of Health steps in. By order of the Minister, all hospitals in the country were compelled to „instal” the HIPOCRATES application, a property of SC RSC SRL. The company enlarged its portfolio by approx. 30 extremely profitable contracts. Even if the programme was sold, without any tender and to realtively small amounts (under 5,00 Euros), the apparent gap was quickle filled by additional maintenance contracts. X-Raying the Disappearance of Certain European Funds The PHARE Project according to which SC RSC SRL was granted access to 50,000 Euros from European grants was active between 21.11.2002 and 01.07.2004. THE GUARDIAN ANGEL - UM 0666 51 In the fall of 2004, Jonathan Scheele pays a visit to RSC, as the Head of the European Delegation to Romania. In November 2004, OMNIS GROUP discovers that the ISIS application had been pirated. The criminal prosecution of the defendants Dragoş Săracu, Iriniel Lupei and Ionel Manole, an administrator and associate at RSC SRL, and also an associate of Medist, begins in March 2005. On May 5th 2005, OMNIS GROUP writes to Jonathan Scheele, advising him on the spectacular and unjustified ascension of Vlădescu’s RSC (who was at that time a member of the Administration Council of Petrom and President of the Privatizing Commission of the BCR) and mentioning the fact that the legal action was pursued. After seven weeks Scheele responds that the EU Delegation and the contracting authority will look into the situation of PHARE grants for the RSC. Despite this notice, which was more than certainly known by the RSC SRL, 5 days later, on June 28th, Ionut Lopatan, one of the MICROSOFT Directors, testifies, in his capacity of an expert with the RSC SRL, for the criminal pursuit file stating that the ISIS net application had been copied from the Navision software, belonging to his company. OMNIS GROUP notifies MICROSOFT that Lopatan’s involvement in this story is ludicrous, and on July 3rd he is withdrawn from the record, and gives up his capacity as an expert with the Body of Public Experts. It is interesting that up to this day MICROSOFT has refused to withdraw their lies to the prosecutors, i.e. that the ISIS net application were copied from Navision. Thus they have legitimated the allegations 52 MICROSOFT of the RSC SRL defendants, who were able to justify the full compliance between the product on the market and the pirated one, and even more so the origins of a product with no specified source (?), with no investments and in the absence of IT specialists. It was on the grounds of this program that donations had been carried out, as well as free offers to the SRI and the MAI, with European funding. On August 29th 2005, OMNIS GORUP writes again to Jonathan Scheele, notifying that the Copyright Laws and connected rights had not been corrected, as Romanian authorities had promised. An explanation for this delay is that Sebastian Vlădescu had been appointed Minister of Finances in the mean time. On September 1st 2005 Prime Minister Călin Popescu Tăriceanu receives a similar letter from OMNIS GROUP, and coincidentally, the same day the Government adopts Emergency Ordinance No. 123, for the registration of all computer programs with the ORDA, as per the request of OMNIS GROUP. On September 7th 2005, Jonathan Scheele rushes to declare that Romania had solved all problems regarding intellectual property and the IT&C field, allowing thus the removal of the red flag. He then notices OMNIS GROUP that he awaits, before pronouncing himself, the answer of the Romanian authorities, who were investigating the theft of intellectual property, claimed before. On February 3rd 2006, OMNIS GROUP addresses Scheele again, claiming that the allegation that Romania has sorted out matters of intellectual property was incompliant with the truth. On the same occasion he is informed on the judicial THE GUARDIAN ANGEL - UM 0666 53 scam that was being set up and about certain Public Servants, who were corrupt as per the opinion of the OMNIS GROUP. A series of documents, as well as an invitation to visit the company are enclosed thereto. This never takes place, as the company hadn’t pirated a product, but had created it. On February 9th, OMNIS GROUP addresses the OLAF, for support. No answer is given. On March 7th 2006, a new letter by Jonathan Scheele informs OMNIS GROUP representatives that the aim of the EU Delegation is to monitor the implementation of pre-accession programs, as well as general political and economic evolutions etc. Therefore he takes to be contacted in these respects only, and not with blacklists of suspicious characters, even if European funds were involved. In April 2006 the penal investigation of Dragoş Săracu is suspended, on grounds of his statement that “modules and functions of the IT application, ISIS net, are to be found as a whole or partially in MICROSOFT’s Navision. On May 2nd 2006, Cristian Unteanu from the daily Ziua publishes the article “The Vlădescu Piracy Goes to Brussels”, speaking about an ongoing OLAF investigation. On June 23rd 2008, ORDA releases an expertise which confirms the originality of ISIS net. The expertise had taken a long time and it had not been possible to conclude it in due course. Even though there was a Law and the set of methods to it, tariffs had not been provided yet. The tariffs had to be implemented by the Ministry of Finances. And the Ministry was lead by Sebastian Vlădescu. On July 17th 2008, OMNIS GROUP sends another letter to the OLAF, with the description of the 54 MICROSOFT case, with many relevant documents as an appendix, asking to be informed on the progress of the investigation. There is no answer. On August 15th 2008, OMNIS sends OLAF another letter, referring to infractions of organized crime by several Civil Servants. There is no answer. On December 23rd 2009, OMNIS files a complaint with the European Commission, DG COMP (Competition) against MICROSOFT. This complaint reaches the OLAF, as well, and on March 17th 2010, DG COMP notifies OMNIS GROUP on the registration of the case of infringement No. 39.784. On May 26th 2010, OLAF remembers previous complaints by OMNIS GROUP over several years and informs the company that legal authorities in Romania (the DNA, the Police) have reached the conclusion that there was no case of intellectual theft and that no Civil Servant was involved in an embezzlement of PHARE funds for the RSC. Consequently, the OLAF does not open the investigation in file OF/2005/0417, that had been set up according to the EU Delegation to Bucharest notification of May 5th, 2005. How can we explain that the Ziua correspondent in Brussels had got the official information that the case is being studied? Was it being studied or not? Or is it that somebody covered up the story, or did not want to get involved for whatever reasons? OMNIS GROUP has requested in June 2010, both the DNA and the DGPMB (General Police Directorate of Bucharest) all documents at the disposal of the OLAF, by which this European body for fight against fraud has provided not to pursue legal action. Presently we are awaiting a response THE GUARDIAN ANGEL - UM 0666 55 by the DNA, if it ever is to come, as the DGPMB has already offered one. They said that all documents are to be found in the criminal record at the Court (it had been twice resent by the Tribunal to the Prosecutor’s Office for restoring legal action, which had been twice rejected by the Appeal Court. At last, Judge Viorica Costiniu, wife of Florin Costiniu, sent to Court for his involvement in the network of Cătălin Voicu, ruled that all representatives of RSC SRL were as clean as can be. Consequently the appeal by OMNIS GORUP has been declined by the Appeal Court, so that the complainant had to address the Constitutional Court, while the Tribunal had rejected the RDA expertise (the only institution in Romania for copyright and connected rights), since June 2008 (as well as others incurred), keeping as an evidence only the expertise of Ştefan Stăncescu, an expert in computers, not software, which are completely different. The Constitutional Court judged the cause in June 2010, and now the rule is awaited. Jonathan Scheele, a Pontius Pilates, yet Lesser It is preposterous that only a few days before Scheele’s statement, that our country has allegedly solved all problems of copyright, the State Department of the US had just reached a contradictory conclusion, namely, that Romania has a lot of problems in setting up tools needed for protecting intellectual property rights. Could it be that our authorities solved, over several month, a problem that was lingering for 15 years? It is 56 MICROSOFT improbable, which makes Scheele a big liar, if that was the case. We should here mention that sources of our journalist investigation are up to 90% public documents, corroborated with statements and clues, which led us to circumstantial, common sense conclusions, which are obvious to everyone. To resume Scheele’s report, which had been summoned by OMNIS in 2005, we can say that he had washed his hands (just like Pontius Pilates), and forwarded it to OLAF. The latter kept quiet for several years, even if we were talking about European money (and high level corruption), that this institution was called to protect. The office had been summoned before twice, in 2008, yet in vain. I will probably address this subject, as well as the “fruitful” activity of this European body in the last volume of the trilogy “MICROSOFT _ A Guardian Angel”, which will probably be called “The OLAF Conspiracy”. This is because according to European norms, the institution has to protect community money, just as the Community itself has to protect its citizens form the tentacles of corruption. This has so far not happened in the case “Dragoş Rişcanu – OMNIS GROUP”. This is even more so, as the owner of the company has not been confronted with any competitor or an ill intended person, but with the Romanian State itself and its Strategic Partner, MICROSOFT. CHAPTER V Who Is Handling Romanian Finances For those who could think to blaim me for being interested in this scandal for whatever reasons, I could come up with the answer that more than 30 articles have already been written on this topic.The papers refering to it are: “Ziua”, “Romania Libera”, “Gardianul”, “Atac”, “Cotidianul”, “Academia Catavencu”, “Gandul”, “Evenimentul Zilei”, “Bilant”, “Prezent”, “Realitatea Banateana”, as well as three TV shows and several online papers. Brussels authorities haven’t heard anything on the matter, despite of their huge bureaucratic apparatus. An important thinker of mankind said that: “All great acts of corruption are based a high level conspiracy” and I am 100% supporting this statement. Another proof in this respect is my telephone conversation with the Minister of Finances, Sebastian Teodor Gheorghe Vlădescu during my journalist investigation. For not being accused of taking sides, I am reproducing the full statement of the official, on middle May 2007: I am once again asking you, somehow in amusement, why you are dragging me back into this mess. I have nothing to do with it. It was repeatedly 58 MICROSOFT decided that no legal action should be pursued. From a technical point of view, these IT issues are beyond my competence. I don’t understand these things. There has to be a group of experts to decide. It is their job. Yet the involvement of my name is unpleasant, to say the least, because, by chance or not, I have nothing to do with any alleged intellectual theft. It is a long story and I hope that eventually justice will sort out this matter, according to morals and legality, taking facts into account as they occurred. Yet bringing back my name into the matter seems at least inappropriate. I would like to know how it started again; it probably has to be that way. You should continue your (journalist) investigation and let justice take its course. If something is illegal it has to be deferred to justice. The proofs you have should reach the Court, so that they can do their job. I would like to know why, from time to time, somebody tries to discredit me with something that I didn’t do. The fact that I was an associate of RSC is public. Truth has never bothered me. You will know very well that if you should type my name next to and alleged crime, public opinion will say: Vlădescu has committed an infraction, which is completely false. I have no problem, I only once wrote a reply, in the newspaper ZIUA, and I will never do it again, and this concludes the subject, as far as I am concerned. I was just curious to know who brings up this story again and why. Clarifications Two years had lapsed at the time of this conversation since my first article on intellectual theft, at a time when I had no idea how long the THE GUARDIAN ANGEL - UM 0666 59 tentacles of the octopus are, or that Vlădescu is involved in this story. It is, nevertheless, noticeable that he calls this a “scam”. Regarding the non-pursuit of legal action of the two employees that had deserted from OMNIS and were employed by the RSC, which also got hold of the ISIS net application, conclusions are indeed dire. Maybe it is of importance that Dragoş Săracu’s father is a judge in Ploiesti, a colleague of Rebegea and Podea. And that Justice in Prahova and the SRI have been repeatedly slapped over the last period, because of several employees that had crumpled their image by accusing them of high level corruption and other related issues. It is extremely nice that Vlădescu admits being illiterate in IT. Yet this has not been an obstacle for offering an application the SRI Hospital “Prof. Dr. Agrippa Ionescu” for free, through the mediation of Medist, where he acted as a significant associate (and even as a Financial Director at the time of the generous “sponsorship”). Yet the program belonged in fact to the RSC SRL, where we again find Vlădescu as a significant associate, at a time when the company had only two employees, one of which admitted to be illiterate in IT matters. And then, with all due respect, where does the software come from, dear honest and esteemed Mr. Vlădescu? Did it fall off the sky? This is the same software that had also been donated to the MAI hospital “Prof. Dr. Dimitrie Gerota”. But the most important question is how did you come up with the idea to select precisely these two hospitals, for being presented with wonderful gifts, just like Santa would have done? Was this perhaps done on the grounds of the close relations from the time when you were employed with the 60 MICROSOFT ITVMR (I must repeat, an undercover unit of the Securitate) and later on with the Liberal Party? When you started working with people like: Mircea Ionescu Quintus, Dan Amedeo Lazarescu, Călin Popescu Tăriceanu, Eugen Nicolaescu, Bogdan Olteanu, Ovidiu Soare, Mihai Berechet and their aids? The present Minister of Public Finances has shown upset by the fact that his name comes up in this dirty business. But how could he not be, as long as he was an associate of both firms mentioned, Medist and RSC and I am convinced that it was he who pulled all strings: Just as MICROSOFT corporation is also involved by launching an application of a similar invention (Navision) on the Romanian market, while claiming that ISIS net was a copy of the latter. I remind the reader that the ISIS net product had PREVIOUSLY won the highest ERP prize in Europe, while the Danish Navision hadn’t even participated in the competition, and was inferior to the latter from a functional and technological point of view. We also know that MICROSOFT bought the Danish company, including the Navision, after ISIS net was registered with the Register for Programs at the ORDA. In this case, it is obvious that ISIS net could not have been copied from Navison. It was only later that MICROSOFT bought the Danish firm for 1.4 billion USD and brought the product to Romania. Nevertheless, Bill Gates’ company has claimed the reverse despite of the truth. Even if so far I haven’t done it, I will try to meet Minister Vlădescu’s curiosity, by explaining him that I have never abandoned this case, for more than five years. The journalist investigation has continued over the said period. Even at the time when judge Viorica Constiniu (wife of judge Florin Costiniu, THE GUARDIAN ANGEL - UM 0666 61 involved with Senator Cătălin Voicu’s network) had declared the RSC innocent for the theft of intellectual property, while obstinately ignoring the evidence on record. The trilogy “MICROSOFT – the Guardian Angel”, Volume II is evidence thereto. I will also have to remind the Minister, that the DNA has a record that it will eventually have to take to court. This is to say that not Minister Vlădescu is to blame, but his actions. And speaking of actions, I call on an explosive event that was brought to public attention at the beginning of July 2010. We are talking about one of the most important statesmen, handling all our money. After the last investment to the ministerial office, Vlădescu co-opted Dan Bittman to his press office. The latter is the soloist of the band “Holograf”. He is a nice chap and is suited for the position as an image advisor. Six month later he resigned and joined a “Realitatea TV” broadcast to protest against the Government intention to tax intellectual property rights by more than 10%. In other words to exceedingly tax creation, to an extent that doesn’t occur anywhere in the world. On the same occasion, Bittman spoke highly of the professionalism of specialists with the Ministry of Finances, alongside he had worked for six months. “You must not believe that I don’t know what there is going on in this country and with its people”, the singer declared. “And mainly, don’t think they don’t know who steals in this country. And how much. They are filmed, filed, listed. Everything is common knowledge. The problem is that certain people cannot be controlled, it is forbidden to control them. 62 MICROSOFT Some companies can be controlled and others not, that’s the thing”, Bittman added. So, what are we to understand from this statement? That generalized corruption in our country is not a figure of speech, is it? Since the Ministry of Public Finances has also been infected by it, while being part of a Democrat-Liberal Government, lead by Prime Minister Boc. The statement in question extremely serious; we believe that the DNA should take immediate action and inform the population on these events. This is because simple citizens are confronted with austerity measures, unemployment increases, wages of the state-employed are going down by 25% and it is not normal that the protégées of the system should not pay their debts, just because they are the clients, friends, sponsors, you name it, of the present power. This favored people are backed – as shown aboveby a new Securitate oligarchy, the descendant of the communist secret service. At this point I don’t know why we still ask ourselves how it is possible for a commercial company to get hold of intellectual property of another commercial company and receive for this European funding for more that 50,000 Euros. (Attention, the almost 300,000 USD applications had already been donated at the date of receiving EU Phare funding). And how it is possible for a reputed judge in this country, former president of the Magistrates’ Association in Romania and present honorary chairman of the same organization, to ignore conclusive evidence on record, in order to absolve the company in litigation. Yet question marks of these new times do not stop here. THE GUARDIAN ANGEL - UM 0666 63 More Millions of EUR, a Present for the RSC How is it possible that, after all this, SC RSC SRL should not only be cleared, but also be granted another financing in 2010 – for its good behavior – this time amounting to 4 (four) Million EUR? You have read well… 3,500,000 EUR come from structural funds, 620,000 EUR from the national budget of Romania and 217,000 EUR come from the clever beneficiary, SC RSC SRL. This means that Vlădescu’s company will receive further stipendiums amounting to 4,120,000 EUR from the Social European Fund and from the Romanian State, within the Sectorial Operational Program Development of Human Resources 2007 – 2013, called “Invest in People”, for the “MEDAS – Teaching Doctors and Nurses in Hospital Management and Use of Technology” project. Out Dear and Beloved Justice In order to see how far lies and twisting of the truth can get, whenever we deal with a high-level conspiracy, we will show how certain magistrates, handled by their puppeteers, turned white into black by snapping their fingers. To be more precise, how they turn Dragoş Rişcanu, into a deceiver – as soon as he turns to justice, hoping to be protected – depriving him even of claiming the originality of the ISIS net application, from which he had already received two high distinctions in the IT&C field. The owner of SC OMNIS GROUP SRL finds (In November 2004) that, after his employees Dragoş 64 MICROSOFT Săracu and Irinel Lupei had quit the firm and got a position with Vlădescu’s company, SC RSC SRL, a new product had reached the market, which had approx. 5,000 source code lines in its property. In the absence of these source code lines the RSC fraudulent application could not have functioned. They file a complaint with the Police and other places, after which they file a criminal complaint against the two, accusing them of the theft of the ISIS net product. Nicoleta Bulgaru is in charge of the court trial with the Prosecutor’s Office at the Bucharest Tribunal. It a Magistrate transferred from Constanta, a.k.a. “Police Mafia Prosecutor” and involved in four investigations for several corruption deeds, alongside police officer Grigore Pesterau. They had both been cleared of all accusations. While the case was instrumented, Bulgaru was taking statements by those involved, according to the procedure. The defendant Dragoş Săracu declared that “the modules and functionalities of the IT application ISIS net are to be found partly or totally in other well known IT applications, such as MICROSOFT’s NAVISION”. This explains the fact that the pirated ISIS net program extensively resembles to the HIPOCRATE version, successfully marketed by RSC SRL. Irinel Lupei makes the same statement with a different wording: “The ideas that underlie these elements are not original, and are based on the official MICROSOFT documentation (MSDN), on other Internet examples, as well as on present day knowledge”. RSC Director, Elisei Craciun, declares at his turn that the two identical elements of the two applications, the original and the copy, were not THE GUARDIAN ANGEL - UM 0666 65 innovative, but generated from the public and free of charge MICROSOFT database on the Internet. Prosecutor Bulgaru oversees the fact that the 5,000 source code lines had been pirated word for word and punctuation, including the signature of the programmer , bad wording and spelling mistakes and clings to a detail that appealed to her. She found it interesting that ISIS net was not innovative. It didn’t matter to her that OMNIS had received two international awards from MICROSOFT for the relevant product. This is when the so called expertise by Prof. Stefan Stefanescu steps in, a specialist in hardware and not in software. He says that the technology used is NET, as if this was the question, and not the paternity of the pirated product, ISIS net. Even more, in his professorial capacity, Stoicescu concludes that “OMNIS GROUP did not prove the creation of the common code, did not present logic patterns or designs for development projects, which has lead to the conclusion that creation evidence was lacking”. And Prosecutor Bulgaru grasps this explanation, proving a huge lack of professional training, but also a lack of logic and common sense. The logic is that the plaintiff doesn’t have to prove that the products belong to him. It is the defendant or an interested third party who has to produce evidence that it doesn’t. It is as if a cop would stop you in the street and ask you prove that the trousers you’re wearing are yours. If you can’t prove that, you will be left without them. Petty officer Florin Mica, the policeman who had instrumented the case of Prosecutor Bulgaru, gets hold of all statements by the defendants, and takes to add mind-blowing conclusions with respect 66 MICROSOFT to intellectual property, exceeds his prerogatives, his professional training and even his intelligence. He claims that OMNIS GROUP had received the awards from MICROSOFT “for the best use of public technologies over the Internet, and not as their own original intellectual creation”. It is as if MICROSOFT would have called competitors to use their programs, and the one who managed to be the best with this got the highest award. This is all the police officer could think of, even though he is paid from public funds to seek for justice. We will consequently show the range of the silliness launched by petty officer Minca and, most probably, gulped Prosecutor Bulgaru In the educated opinion of the clever policeman and his company, the inventor of the multiplication chart would be the beholder of all mathematic theories in the world, and he who invented hot water would be the rightful owner of steam engines, based on that principle. The descendants of Alexander Fleming, inventor of penicillin, could impose his ownership on all medicines containing this substance, and examples can go on. MICROSOFT, Protector of the Scam Ionut Lopatan, a technical director and founding member of MICROSOFT Romania steps in later on. He claims that ISIS net was copied from MICROSOFT’s Navision, and that up to then the IT giant wasn’t developing a product at least remotely similar to ISIS net. At the claim of OMNIS GROUP, Lopatan declines his capacity of a partner expert alongside Stancescu. Shortly after, he also gives up THE GUARDIAN ANGEL - UM 0666 67 his capacity of an expert with the Body of Public Experts. We consequently produce further extrajudiciary evidence on the subject. Prosecutor Bulgaru refuses to take this in consideration. This is why, at the proposal of police officer Florin Minca she provides not to pursue legal action in the case of the two defendants. As a motivation, she copies all statements by those involved from the RSC side and adds her own notes on the case in order to sound credible. Another illogicality by Prosecutor Bulgaru was that” the registration with the ORDA in the Record for IT programs is done by presenting the deed for copyright or a statement on own responsibility of the legal representative. In the case of SC OMNIS SRL, this statement does not grant the bearer the capacity as a copyright owner, as this is a notification to the public for intellectual property, as provided by Law 8/1996, revised and extended”, Bulgaru claims. In other words, the prosecutor provides according to her own whim – with no expertise in copyright, and tells who is an inventor in Romania and who is not. CHAPTER VI Magistrates Failing the Test of Logic and Commonsense The silly theory advanced by Nicoleta Bulgaru needed to become legitimate, so that the First Prosecutor with the Prosecutor’s Office at the Bucharest Tribunal, Dragos Nestor (another controversial character within the body of magistrates) had to give freeway. And this is where he gets: “all applications in litigation are using public MICROSOFT technologies on the Internet and are therefore not original. The SC OMNIS GROUP SRL applications are notorious and do not represent a novelty in the field”, as claimed. This makes him fail the test of logics, as well. How can justice be made in this country, with such “brilliant” minds? It is as if I wrote a book that revolutionizes Europe and was not its owner, as it is written in the Roman alphabet? Yet the silly and inept statements of those in charge in this ill-fated country do not stop here, unfortunately. On May 21st 2008, Judge Viorica Costiniu, with the Bucharest Court of Appeal, finds that “the content of the expertise (written by expert Stancescu) denies findings of ORDA specialists 70 MICROSOFT regarding the significant occurrence of similarities. The similarities could allegedly derive from using MICROSOFT NET public technologies”. It is yet another person who passes judgment on issues of intellectual property, with no competence or expertise in the field. It might be that her husband, Florin Costiniu was more competent to do so, in his capacity as a judge at the Cassation and Justice Court, and head of the department in charge with copyright. This is if he were not involved up to his neck in the corruption scandal that haunts Cătălin Voicu’s network, an individual who is presently behind bars. Judge Costiniu only lasted for two days in this position, which is before his colleagues made him redundant, and pursued legal action against him. Judge Costiniu, Better than ORDA Experts THE GUARDIAN ANGEL - UM 0666 71 administrated by the ORDA, by a statement in personal name with regard to the author of the relevant program means going public as referred to by article 4 paragraph 1 of the Law No. 8/1996 on copyright and connected, with ulterior alterations and additions, as per previous statement, of 16.05.2006”. In the previous volume, in the appendixes of the book, we have selected the conclusions of other expertise, including those of the ORDA, which have concluded that 5,000 code lines, essential to the functioning of HIPOCRATE, a source of millions of Euros for the RSC, have been carbon copied from ISIS net. Nevertheless, our magistrates believe that white is black. Is it of lesser importance that on July 23rd 2008, the ORDA expertise confirmed that the ISIS net application was original? The decisions of courts had already been taken. And the issue concerning the originality of the program was only a scam for distracting attention from the deed of piracy committed by the company, shepherd by Sebastian Vlădescu . In conclusion, it is as if OMNIS GROUP were the defendant and not the plaintiff. Viorica Costiniu reaches the conclusion that “the mere registration of ISIS and ISIS net applications does not grant the plaintiff the right to intellectual property and legal protection, as they had not produced evidence that the applications in discussion are not resulted from inventive activities and from an own intellectual process, while making them known to the public”. On May 18th 2006, ORDA - the only Government institution providing on intellectual and connected rights in Romania offers another point of view, which magistrates will inexplicably ignore. SC OMNIS GROUP SRL has claimed the theft of intellectual property for the applications by previous employees, so that they wouldn’t lose well trained programmers and block the activity of a competing company, i.e. SC RSC SRL. We state that the registration of a computer program at the Register for Computer Programs, And I would not have stopped on these words if Madam Prosecutor hadn’t insulted my intelligence. In conclusion I am bringing to the attention of the reader one single fact on the ongoing discussion as referred to by clever Nicoleta Bulgaru: 72 MICROSOFT Săracu and Lupei had been co-opted by the owner of OMNIS GROUP from university and had been trained by professionals. So how where they such good programmers, after only one year of training? If it had been about boxing, things would have been different. If you are a strong fist-fighter you can defeat your teacher. But in the situation at hand it is about brains and the use of it. This cannot be done with fists, or overnight, even if Madam Bulgaru thinks differently. On the other hand, as I am a pacifist, I understand all those who have messed-up – at the urge of benevolent persons like Cătălin Voicu – and are now surprised for having got a stain. They could not have judged this case on grounds of their conscience and legality, because they are not masters of their own fate. It may be that they have given in to compromise with certain secret services, to get higher in office and still owe them for that. Or maybe they have transgressed their level of competence, according to the Peter Principle. In both cases they have to cover up their actions, at least the illegitimate ones, to prevent them from going down. This is why they are so closely united, and supportive of one another, while they don’t even suspect that they are merely puppets in the hands of professional puppeteers. I almost feel sorry for them, at the thought that at a certain point they will have to give explanations. * Next to the numerous puppets, more or less involved in the intelligence theft in this book, several characters stick up as puppeteers and beneficiaries THE GUARDIAN ANGEL - UM 0666 73 of the corrupt system that is eating this country and their poor people from the inside. The reader might rightfully ask what these people have to do with the former Securitate and nomenclature, but mainly with the Securitate-type oligarchy instated in Post-1989 Romania. Connections are circumstantial. So circumstantial that they don’t poke into the eye of someone who would look into the matter with a certain attention? It is not that the OMNIS GROUP owner hadn’t filed complaints with every relevant authority as a victim of software piracy. Yet these claims have had no impact, and were “solved” domestically, by relatives, friends or business partners of those concerned. Attorney John A. Bingham, Special Judge, Quoted in the Conspirators Trial, Washington, 1865 USA: A conspiracy is seldom, if ever, proved by positive testimony, when a major crime is on the verge of being committed again by a group of individuals. They do not act in the open, but under cover, secretly. Their aim is known only by those who enter this system. Excepting the case when one of the conspirators betrays his fellowmen and offers proof against them. Their guilt can only be proved on grounds of circumstantial evidence. In such situations, probation experts can only say that circumstantial evidences are more compelling than material ones. A witness can grant mistaken interpretations for facts or can commit perjury, evidence can be counterfeited, but circumstances cannot deceive. CHAPTER VII For the reasons given so far, I consider it necessary to continue this second volume of the trilogy started with "Microsoft – The Guardian Angel" with a review of recently (or not exactly) gone realities. These are realities which have marked and which still deeply mark generations of Romanians while Westerners have remained indifferent to them. I apologize to the reader who is already acquainted with what will follow and, in that case, I kindly ask him/her to move to the next chapters. My purpose was not at all to bore you, but to simply bring into discussion facts, acts and persons that certain people do not know almost anything about. So that was for reminders, because scripta manent, as it is well known. Reality on the Edge On June 22, 1941, Romania entered the Second World War with Germany, to recover its territories annexed by the USSR, namely Bessarabia and Bukovina. Our army units fought under the orders of the German general command in Crimea, Caucasus, Cotul Donului, Kalmykian steppe and Stalingrad. In early 1943, the total losses of the Romanians troops amounted to 182.441 (16.566 76 MICROSOFT killed, 67.182 wounded and 98.692 missing). Decimated, armies 3 and 4 were sent home for rehabilitation, only seven Romanian divisions remaining on the Eastern front, at the bridgehead in Kuban, from where they withdrew to Crimea. On August 23, 1944, Romania turned to the side of the Russian giant and the other fascist forces. In this new position Romania fought for 260 days, until May 12, 1945, when the Russians ordered our troops to return home. In the same year, on May 9, Berlin had fallen and the German army had surrendered, but after conquering the Tatra Mountains in the former Czechoslovakia, the Romanian soldiers were forbidden to continue the offensive side by side with the allies so as not to claim to sit at the winners` table. Russification of the Romanian Army On October 15, 1943, by order of Iosif Visarionovici Stalin, the “Tudor Vladimirescu” Division was created in the USSR and it consisted of Romanian prisoners of war who had chosen to take side of the enemy and among whom many Russian spies were infiltrated. Note that, in wartime, to ally with the enemy was the equivalent of a crime of high treason and it was punishable by death after summary judgments. Among the officers there was also Arkadie Nesterov, Victor Nesterov's father, who would become high officer within the Romanian Police and investigate Dragoş Rişcanu in relation to his dispute with SC RSC SRL. Victor Nesterov retired in 2006 and became one of the heads of Bucharest District 1 Community Police, thus THE GUARDIAN ANGEL - UM 0666 77 collecting both retirement pension and salary from the State budget. The main role of the division, along with a smaller scaled one called "Horia, Cloşca and Crişan”, was propagandistic. The two divisions were part of the Soviet military system, later fully contributing to the introduction of communism into the Romanian Army. First Commander of the "Tudor Vladimirescu" Division was Colonel Nicolae Cambrea, having Chief of the General Staff Lt. Col. Iacob Teclu and political activist Col. Mircea Haupt as his deputies. If the "Tudor Vladimirescu" Division fought alongside the Russians up to the Tatra Mountains, "Horia, Cloşca and Crişan" had solely a propagandistic role and did not participate in any battle. The commander of the aforementioned division was Gen. Mihail Lascăr, assisted by his political deputy Valter Roman (born Ernö Neuländer), Petre Roman's father, first Prime Minister of the Romanian Government after December 1989. * Immediately after 1944, mainly starting with the political system imposed by Dr. Petru Groza (December 1, 1946 to December 29, 1947), the communists introduced in Romania the Bolshevik system imported from Russia. But as each state has its own peculiarities, it has been adapted over time depending on the requirements and interests of its leaders. First, the Secret Police (Securitate) was founded as a repression body against the elements “hostile” to the new communist regime. This 78 MICROSOFT Securitate became one of the most feared political police structures in the entire Communist Bloc. The State Security Council (CSS) was part of the Ministry of Interior, as was the General Inspectorate of the Militia, the Directorate General of Prisons, the Information and Documentation Centre and the State Archives Department. To liquidate any elements "hostile" to the regime, which were adverse or provocative in the opinion of the new communist leaders, they needed reliable staff, new people to carry out political orders without any protests. Consequently, the Secret Police elite thus created and part of it resisting until after the year of grace 1989 - has become the most feared state structure for which terror, torture and murder were commonplace notions on the agenda. For remembrance, I will mention some “heavy” names of those sad times. Pantiuşa, the Assassin Buried with Military Honors - Gheorghe Pintilie a.k.a. Pantiuşa (born in Tiraspol under the name Timofei Bodnarenko), Securitate General - held responsible for the arrest, deportation, imprisonment and murder of approximately 400.000 people. As a teenager he fought in the Red Army during the Civil War (1918 - 1923), after which he was recruited by the NKVD (Narodnâi Komissariat Vnutrennih Del - People's Commissariat for Internal Affairs) and trained in espionage and sabotage against the Romanian authorities. During his first mission in Romania in 1928, while trying to organize a sabotage and espionage network, he was arrested THE GUARDIAN ANGEL - UM 0666 79 by the State Security and imprisoned in Doftana, Văcăreşti and Caransebeş prisons for 16 years. During the time served in prison he became acquainted with future communist leaders such as Gheorghe Gheorgiu-Dej, Teohari Georgescu and Iosif Chişinevschi. After 1944, Pantiuşa married Ana Toma (born Ana Grossman), Ana Pauker`s secretary, who would later become Mrs. Pârvulescu after marrying Constantin Pârvulescu, the opponent of Nicolae Ceauşescu in November 1979, who challenged his re-election to the office of Secretary General of the Romanian Communist Party (PCR). According to Wikipedia encyclopedia, between 1945 - 1948, Pantiuşa was Head of the party`s Household, deputy of INU (Foreign Intelligence Directorate of the NKVD) residence security matters and one of the executors of the crimes ordered by the Romanian communists. On August 30, 1948, for his outstanding merits, he was promoted to Lieutenant General and became Director of DGSP (General Directorate of Security of the People) and MAI deputy. Alexandru Nicolschi, Piotr Goncearuk and Vladimir Mazuru were his deputies. Retired on demand (they say) in 1963, he could not stand apart from the party, often attending meetings of neighborhood and district organizations in Bucharest. At the plenum of the Communist Party in 1968, when Ceauşescu posthumously rehabilitated the communist leader LucreŃiu Pătrăşcanu, Pantiuşa was expelled from the party. Investigated by the Secret Police, he stated that he had committed some of the crimes out of conviction, others out of respect for the discipline of the party. In 1971, Nicolae Ceauşescu rehabilitated Timofei Bodnarenko, a.k.a. 80 MICROSOFT Pantiuşa, by awarding him the 2nd Class “Tudor Vladimirescu” Order. On the same occasion, his wife Ana Toma received the “Hero of Socialist Labor” distinction. The General died in August 1985 and was buried with military honors performed by the Romanian Army`s fanfare. PleşiŃă, the Secret Police Brute - Nicolae PleşiŃă, Secret Police General and Head of the Foreign Intelligence, was one of the most fierce, sadistic, cynical and tough officers of this structure, who became known during the bloody suppression of the armed resistance in the mountains. He led the investigation of persecution against Paul Goma and those who joined his appeal on human rights in the spring of 1977. He was also deeply involved in the attacks against the Romanian department of "Europa Liberă" (Radio Free Europe) and collaborated with left-wing international terrorist organizations. Up until his death at the age of 80, on September 29, 2009, in a Romanian Intelligence Service sanatorium, this monster had been flaunting his cruel assassin past by defying his victims through numerous appearances on television and in the print media. Carpenter in a timber factory in Curtea de Arges, PleşiŃă enrolled into the Romanian Communist Party in 1947, thus becoming president of the forestry union. A year later he was promoted to the Union of Communist Youth (UTC) county organization. Now a sergeant, the communist torturer was recruited by the Regional Directorate of the Secret Police in Piteşti. After several transfers in various hot spots of the country, he was promoted to THE GUARDIAN ANGEL - UM 0666 81 captain and decorated with "Steaua Republicii Populare Române" (“The Star of the Romanian People's Republic”) on account of the murders committed against the anti-communist resistance groups in the mountains. In 1958 he was sent to the USSR for specialization at the Marxist-Leninist University where he did not learn well even Russian, let alone the communist teachings that were taught there. During 1961 - 1967 he was a Securitate colonel, commander on five counties in the western part of the country and between 1964 and 1968 he attended the Faculty of History within Babeş-Bolyai University in Cluj. Despite this "spectrum", PleşiŃă remained to his death the same semi-illiterate as he was as a carpenter, failing to properly assimilate even the Romanian language. In 1967 he was appointed Head of the Directorate for Security and Guard within the Ministry of Interior, he was then promoted to Major General, and five years later he became Head of Department I of the Domestic Intelligence Department. Between September 1978 and April 1980 he was the head of the Ministry of Interior`s military school for active officers located in Băneasa, being elected alternate member of the Romanian Communist Party`s CC (Central Committee). Thereafter, for four years, this sinister person was First Deputy of the Minister of Interior and head of the Securitate`s CIE (Foreign Intelligence Center). On November 26, 1984 he was dismissed from the above-mentioned offices and appointed commander of the training school for reserve officers (to be read: undercover officers) of the Ministry of Interior from Grădişte, Ilfov county. On February 19, 1990, two- 82 MICROSOFT star ranked Lieutenant General Nicolae PleşiŃă retired during the first Iliescu regime. Glorious Past as Secret Police Agent In 1997, General PleşiŃă was indicted for complicity in the bomb attack of February 21, 1981, on Radio Free Europe in Munich, when instead of blowing up the station`s Romanian department the Czechoslovak one exploded. The attack had been staged with international terrorist Carlos a.k.a. "the Jackal" (Ilich Ramirez Sánchez), who had previously visited our country and received a few million dollars in return for seven murder orders, including the one targeting Securitate General Ion Mihai Pacepa, fled to the U.S.. Carlos "the Jackal" was picked up in Prague by Secret Police officers Ion Diaconescu and Sergiu Nica, who also mediated his subsequent meetings with generals Vlad, Postelnicu, PleşiŃă and activist Ghizela Vass. Later on, in 2009, we will find Ion Diaconescu in the position of deputy to Dan Nica, Minister of the Interior, who, together with PSD mayor Marian Vanghelie, would support Senator Cătălin Voicu to become Minister of the Interior, based on the latter's promise to "restore the network at the level of Justice" on the whole territory. Under political and Securitate oligarchy pressures, the Romanian military courts stopped the investigation against General PleşiŃă in 2000, allegedly for lack of evidence; it was resumed four years later by a civil court. In March 2009, six months before his death, the notorious communist murderer had the satisfaction to be released from criminal prosecution. THE GUARDIAN ANGEL - UM 0666 83 By way of gratitude for his work in the service of the Secret Police and against the Romanian people, PleşiŃă spent his last three months of life in a sanatorium belonging to the SRI. He has not been forgotten by his former subordinates from ClujNapoca who sent a funeral wreath to his memorial service. The same approach came from a SRI unit and then personally from another member of the Secret Police enrolled in NKVD - KGB (and exposed), General Iulian Vlad, the last Head of the Secret Police before the events in 1989, deeply involved in the bloody suppression of demonstrators in Timişoara and sentenced to 25 years in prison from which he served in fact only 4 (four) years. Butcher in the Ministry of Interior - George Enoiu, Securitate colonel, specialized in the most unimaginable torture methods such as isolation, starvation and deprivation of rest, sole and testicle beating, beatings with sand-bags, electrocution, etc. He was the principal investigator of the students arrested during 1956-1957 and who found great amusement in hitting their heads with his fists and feet until they admitted to doing what was held against them. During investigations, he used to wrap a sheet around him so as not to get stained by blood. Despite the atrocities that he had committed, Enoiu was kept within the Secret Police until December 1989. Coming from the same county as Nicolae PleşiŃă, Argeş, Enoiu was Head of the Penal Investigation Department of MAI, within the Securitate`s VIIIth Directorate and was called "Butcher of the Interior” because of his cruelty. He 84 MICROSOFT was involved in the investigation of LucreŃiu Pătrăşcanu, the communist leader sentenced to death and executed in April 1954. His investigations also targeted, among others, Ana Pauker, Teohari Georgescu or Vasile Luca, who had fallen from the grace of Gheorghe Gheorghiu-Dej since 1952, and later on Paul Goma, Alexandru Ivasiuc and many others. Paul Goma: Enoiu Gheorghe - captain in 1956, when dealing with Legionnaires and students. So-called "Butcher" – there were many butchers in the Securitate. He also beat me (piece of cake as compared to what Petrişor, Ivasiuc, Cocioran, Costică Iliescu had to endure); he is guilty of student Ştefan Negrea`s death; he hit him - his head, only the head - until he went mad - he hanged himself in Gherla. In his duplicity and cowardice, and despite the testimony of his victims, Gheorghe Enoiu has never admitted to using such methods on the investigated persons. Petea, Champion of Political Frame-ups - Petre Petrescu (born Piotr Goncearuk), a.k.a. Petea, was arrested for being a Russian spy and shared the same prison cell with Emil Bodnăraş in Caransebeş, where he became head of the hard labor. Close acquaintance of Gheorghiu-Dej, under NKVD coordination, Goncearuk was one of the most THE GUARDIAN ANGEL - UM 0666 85 important factors in the legendary frame-ups which compromised the traditional political parties. After becoming colonel, he was later promoted to become deputy to General Serghei Nicolau (born Serghei Nokonov), also a Russian spy, Director General of the Secret Police during its first years of existence. On other executioners of the Romanian People see Annex 6. CHAPTER VIII Officers of Death As you can notice, there have been only a few or no references at all to the party activists or to the political leaders of the country because our goal is not to condemn communism, but to show who made possible this social plague. Or rather, to show who has manipulated the party activists and for what purposes. Former Securitate Generals, most of them semi-illiterate and utterly uneducated, have trained reliable people who could later step in their place. Among those are Gabi Naghi, Florin Calapod, a.k.a. Cristescu, Alexandru Grumaz, and the SRI Director`s deputies, generals Ovidiu Soare or Vasile Ioan Lupu – protectors of the Prahova mafia within this institution, prosecuted but never convicted -, col. Corneliu Păltânea - head of the Prahova mafia within SRI, Admiral Emil Dumitrescu a.k.a. Cico presidential advisor during Ion Iliescu`s regime, superintendent Nicolae Berechet, Ionel Marin -, SRI General, Cătălin Voicu - senator and Major General of the Romanian Army, etc. 88 MICROSOFT General Caraman Decorated by the NKVD Securitate General Mihai Caraman was a special case in the Securitate oligarchy because his results in the counterintelligence cannot be compared to those of his colleagues, given the distinction received from the feared Russian secret service, NKVD. Caraman was chief of the Romanian intelligence residence in Paris (1958 - 1968) and coordinated the network which bore his name. Their greatest success was to infiltrate into the NATO Headquarters and to steal top-secret documents of the North Atlantic Alliance. The damages caused to NATO were significantly increased by the fact that those documents also came into possession of the KGB (Komitet Gosudarstvennoj Bezopasnosti Committee for State Security). This was also the reason why the General was the only Romanian officer of the communist Securitate decorated by the KGB for exceptional results against NATO. More information about this figure denigrated by some and loved by others can be found in the “French Dictionary of Espionage - History and Techniques" published in 1998. In 1968, some of the informers recruited by Caraman were compromised and so he was summoned back to Romania, where he held several positions in the intelligence structures, up to Head of the Counterintelligence Division of DIE (Foreign Intelligence Department). After the so-called treason of General Ion Mihai Pacepa, Caraman was removed from any position of responsibility; in 1979 he was retired and put in reserve. THE GUARDIAN ANGEL - UM 0666 89 On January 18, 1990, he was reactivated by Ion Iliescu, the indisputable leader of the FSN (National Salvation Front), who appointed him Deputy Minister of National Defense and commander of the Foreign Intelligence Center and which, on December 13, 1990 became SIE (Foreign Intelligence Service). In 1992, Manfred Wörner, NATO Secretary General, announced crypto-communist Ion Iliescu that he would not go through with his planned visit to Bucharest as long as Gen. Mihai Caraman was Head of SIE, on grounds that he had spied against NATO, which was incompatible with his position of Head of the Intelligence Services of a country aspiring to become member of the North Atlantic Alliance. In April the same year, Iliescu had no choice but to get rid of this controversial character and approve his "application" for retirement, not before, however, promoting him to General Colonel who would benefit of an "outrageous" retirement pension. * I insist on the fact that the most important mission of all Secret Police agents in the communist era was to annihilate any "hostile" and "opponent" elements which would have displeased the political power of the RPR (Romanian People's Republic), later RSR (Socialist Republic of Romania). Additionally, the members of the Secret Police organized on principles of caste - took care of their own welfare while the population was starving, living under terror and in cold, hunger and deficiencies of all kind. After December 1989 the situation has 90 MICROSOFT changed, but we will refer to this aspect later on. For now, let us observe how the Securitate was structured. SMERSH, the Midwife of the Securitate The Secret Police (Securitate) was established by a division of the NKVD called SMERSH, the first Romanian name of this communist apparatus of Stalinist terror being the Mobile Squad. Alexandru Nicolschi was its Head until 1948 when, by Decree no. 221 of the Great National Assembly of RPR the State Security Council was established. Its first director was Pantiuşa (Gheoghe Pintilie, a.k.a. Timofei Bodnarenko), with Minister rank in the Council of Ministers, his deputies being generals Nicolschi and Vladimir Mazuru - all three Soviet undercover officers of the NKVD. The role of the Securitate, which replaced the General Directorate of the Security Police, was "to defend the democratic achievements and to ensure the security of the Romanian People's Republic against the maneuvers of the internal and external enemies". The Secret Police bodies were "the only ones invested with the power to prosecute crimes that endanger the democratic regime and the security of the people." For a more detailed image on the psychological, moral and human profile of Gheorghe Pintilie, the first director of the Securitate, I present you the opinion of Tatiana Brătescu, daughter of Ana Pauker, about this odious communist torturer: Pantiuşa was a sinister character. To what extent, I would once have the occasion to find out THE GUARDIAN ANGEL - UM 0666 91 when he got drunk. He then told us how, while being a young Komsomol, he was pursuing kulaks and priests. He was told that the priests held a meeting in a hut in the steppe. He then rushed there – it was in Ukraine - and I do not know whether he summoned them or not to come out, but he covered the hut with earth and killed them by choking. We were appalled. This is what he was capable of. In 1951, the Securitate was separated from the Ministry of Interior and was incorporated into the Ministry of State Security, but after four years the whole newly established ministry was incorporated into the Ministry of Interior. A year later, the Ministry of Interior was reorganized into the Security Department and the Interior Department. Despite the fact that, until 1956, the Securitate officers had no prerogatives over the political prisoners held in labor camps and prisons, they were actively involved in their repression, while also supervising, for information purposes, the Ministry of Interior`s troops who were fulfilling their duties in the same establishments. The Secret Police officers were also the main source of information for the restraint of the "enemies of the people" in prisons and extermination camps by using forced labor. In 1958, the personnel of the Security Forces amounted to 5.633 active officers, 4.108 reemployed sergeants, 1.416 civilian employees and 46.028 conscripts. In the fall of communism, the Securitate had 15.312 employees as follows: 92 MICROSOFT - Division I - Foreign Intelligence - 114 employees (98 officers); - Division II - Counterintelligence - 167 employees (150 officers); - Division III - Counterintelligence - 242 employees (213 officers); - Division IV - Military Counterintelligence – 1.133 employees (926 officers); - Division V (MU 0666) - Security and Guard – 486 employees (306 officers) - the most feared and hated Securitate officers, "Praetorians" of Ceauşescu, ready to defend the beloved leader at the cost of their own lives; - Division VI - Criminal investigations - 72 employees (36 officers); - Special Anti-Terrorist Combat Unit - 795 employees; - Independent Service for Protection of State Secrets - 57 employees; - Special Unit “F” (stakeout) - 781 employees; - Independent Service for Foreign Trade - 45 employees; - Information and Documentation Centre - 272 employees; - Independent Service Legal Secretariat - 29 employees; - Independent Service Educators and Military Organization - 74 employees; - Commandment for Technical Operations and Communications - 42 employees; - Special Unit "T" (Tonola - Telephone Monitoring and Video Surveillance) - 477 employees - known as "The Ear and the Eardrum”; - Special Unit “P” (special production and research) - 465 employees; THE GUARDIAN ANGEL - UM 0666 93 - Special Unit “S” (detecting hidden writings and graphics expertise) - 388 employees; - Special Unit "R" (radio broadcasts and counterintelligence) - 499 employees; - Secret Mail Transport Service - 77 employees; - Training School for Securitate officers Grădiştea - 170 employees; - Training Center for Securitate officers Bran 30 employees; - Special Training Center - 25 employees; - Security of Bucharest Municipality and County Inspectorates – 6.059 employees (4.017 officers), taken over in 1989 by the new Police and turned into secret agents of MU 0215, the famous "Two-and-aquarter”( "Doi şi-un sfert"); - Commandment of Security Forces – 1.387 officers, 136 warrant officers, 926 non-commissioned officers, 535 civilian employees and 20.288 conscripts; - Political Council of DSS - 13 officers; - Foreign Intelligence Center – 1.059 employees, merged with MU 0195 – Foreign Counterintelligence - 451 employees and Service "D" (disinformation) - 22 employees; - MU 0525 within the Foreign Intelligence Center - 475 employees; - " Dunărea" Foreign Trade Enterprise - 137 employees; - IRVMR (former 3R – Recovery-ReconditionReuse) - known as "Bottles and jars”, undercover unit Division I of the Securitate (chief financial officer - Sebastian Vlădescu); - RATMIL (former Autonomous Administration of Military Technics) - specialized in arms trade with Africa and the Middle East (Director Eugen 94 MICROSOFT Nicolăescu and member in the Board of Trustees, Bogdan Olteanu); - Division "Z" - "n" employees trained to kill the dissidents from the Diaspora and to eliminate the elements "hostile" to the communist regime from the inside, possibly subordinated to Directorate V - MU 0666. CHAPTER IX The Odious MU 0666 Division V - MU 0666 (Security and Guard) was the most despicable of all these Securitate bodies, its mission being to ensure the security and protection of the Romanian and foreign dignitaries visiting our country and also of their families, and especially to ensure the security of the Ceauşescu couple. Yet the officers in this structure could afford any kind of abuse, being superior to their fellow colleagues because of their position as "Praetorians" of the Ceauşescus. Under the satanic mark of the beast, 666, the employees of this structure were better paid than their other fellow colleagues; they also fully enjoyed all the privileges of senior officials and had in their subordination the feared USLA combat unit - a true symbol of terror for the Romanian population. On December 22, 1989 Division V had a staff of 484 people, except for the USLAs (Special AntiTerrorist Combat Unit), of which 306 officers, 14 warrant officers, 144 non-commissioned officers and 20 civilian employees. Of this total, 341 members of the staff, suspected of terrorism, were arrested after the establishment of the new original democracy. Soon all of them were released without a single 96 MICROSOFT charge brought against them. The last commander of Division V was General Neagoe Marin and the last commander of the Special Anti-Terrorist Combat Unit – MU 0620 – was Colonel Gheorghe Ardeleanu (born Moise Bulă). Once the Securitate has been integrated into the Ministry of National Defense Ardeleanu-Bulă was appointed by Ion Iliescu vicepresident of the Higher Commission for Regulation and Structure within the Ministry of National Defense. On February 5, 1991, the colonel was retired and entitled to a retirement pension of senior officer and the beneficiary of a Revolution fighter certificate, with all the rights deriving from Law 42/1990. He died on June 15, 1993, poisoned with insecticide in the hospital of Ştei town, Bihor county. In May 1990, Division V - MU 0666 became SPP (Protection and Guard Service), under the command of Major General Dumitru Iliescu. I will conclude this chapter by making reference to Annex 7, where the interested reader will discover who were the Heads of the Secret Services from 1924 up to today. Securitate is not Dead. Securitate Changes The political power during the interwar period and during World War II, up to August 1944, imprisoned in Doftana a few communist leaders with Russian pay-rolls and some legionary leaders who conspired against the country. Among them most notable were: Gheorghe Gheorghiu-Dej, Chivu Stoica, Gheorghe Apostol, Emil Bodnăraş, Ion Gheorghe Maurer, Ştefan Foriş, Tudor Carapancea, THE GUARDIAN ANGEL - UM 0666 97 Nicolae Ceauşescu, legionarii Horia Sima and Zelea Codreanu and anarchist Max Goldstein. In addition to them there were many Russian spies "picked up" by the Security services and subsequently infiltrated among the Romanian communists. Note that, at that time, the Communist Party had around 1.000 contributing members who were receiving sustained support from the USSR. Most of the Russian spies - career officers - spoke Romanian and were recruited from Transnistria, from the Republic of Moldova or from the Ukraine. Unfortunately, their Bolshevik experience was decisive for Romania's dark future. And I will explain the reason why. Secret Police Funds for Crime. "Haiducu" Affair In 1982, the odious Nicolae PleşiŃă, Head of the Foreign Intelligence Centre ordered Securitate officer Matei Pavel Haiducu (born Hirsch and son of a senior official in the Ministry of Interior during the '50s) to kill by poisoning dissidents Paul Goma and Virgil Tănase, who had taken refuge in France. The illiterate General, who did not speak any foreign language and whose Romanian language skills were only basic, ordered the assassinations out of excessive zeal, to work himself into Nicolae Ceuşescu`s favour, who had come to realize how incompetent he was in his position. Haiducu did not follow PleşiŃă`s orders and surrendered to the French intelligence services. In his book published two years later, "I refused to kill," he recounts the whole story with details. 98 MICROSOFT Tănase and Goma were hidden by the French secret services while the press sparked a scandal on the matter of their murder. It was a scandal that also reached Bucharest, to the great satisfaction of General PleşiŃă. Haiducu returned home as if he would have done the job and, at PleşiŃă`s suggestion, he was even decorated by Ceauşescu. Three months passed, but the two dissidents` bodies were still nowhere to be found, which roused the suspicion of the Romanian dictator. President Francois Mitterrand seemed to suggest in an interview that Virgil Tănase`s wife would have some "connections" with the French DST, at which point Ceauşescu became even more suspicious. Everything culminated with Haiducu`s appearance on the French TV who stated that the two opponents of the Romanian communist regime were still alive and that he had cooperated with the French secret services to save their lives. In addition to that, he exposed the relationship of the country's ambassador in Paris - Dumitru Aninoiu - and press attaché - Ion Badea - with the CIE. Thus, alike Bulgarian President Todor Jivkov, Ceauşescu appeared in the public eye as an "assassin of dissidents". As a punishment, the dictator assigned PleşiŃă to the Securitate School in Grădiştea, still being there when the Revolution of December 1989 broke out. This figure is the prototype of the brute Secret Police agent who has dedicated his entire life only for his self-interest and for the defense of communism, thus ruining the prestige of our country for many years. Interesting to mention that, at that time, French President Mitterrand, whose campaign had been sponsored by Nicolae Ceauşescu, had a planned THE GUARDIAN ANGEL - UM 0666 99 visit to Romania, which he later canceled as a sign of protest against the "Haiducu" Affair and stated that our country was run by "a gang of assassins". PleşiŃă's failure occurred a year after the unsuccessful attack against the Romanian department of Radio Free Europe. Training Reliable Agents In the following I will present the methods the Secret Police was using before '89 in order to train its magistrates as well as other reliable agents in the school in Bran. I would like to mention that many of those graduates still hold today important positions in the State administration and that they have been and they still are involved in the training of successors who would follow their vile careers, all for the best interest of the caste; and that, after December 1989, all prosecutors trained in Securitate and other PCR schools have been advanced in their careers. The Secret Police used to draw up the psychological portrait of the candidates, who were subsequently “informatively-worked” for a long period of time, often since their graduation. The basic conditions were their obsequiousness, the ability to act only upon order and the possibility to control them by using blackmail. Their intellectual capacity counted for very little. The young, prospective, undercover Secret Police agents or the devoted collaborators of the Securitate have been recruited from all fields of activity under the promise of a rapid career development and various other privileges. They were told that they would participate in training courses, which would assure access to high career positions 100 MICROSOFT THE GUARDIAN ANGEL - UM 0666 101 while they were still young. Those were promises that could tempt any youngster decided to take on the world. Given the stakes, it counted less that they would need to make some compromises and to carry out certain orders that they would receive. Once arrived at the School in Bran, and only vaguely suspecting what all could be about, "the students" were astonished to find on their assigned beds training military uniforms and footwear which would perfectly fit their sizes. After that came some lectures on the reasons where and why they were there, after which they signed the well-known confidentiality commitments - true pacts with the devil. As revealed in 2008 by former prosecutor Alexandru Pantea to Ondine GherguŃ, reporter from "România liberă" daily, the training consisted of making it a habit for the magistrates to arrest, investigate, to counterfeit false evidence and sentence to heavy penalties or even to death the “undesirables” on Securitate orders and under the protection of the Communist Party bodies. They were often irradiated, drugged or hospitalized in psychiatric hospitals, where “multi-qualified” doctors schooled in Bran killed them. coming, and then I was too afraid to escape from the system. Now is the time that young people knew what really happened, how destinies have been crashed on order of Communist Party activists and Secret Police agents. In Bran, in cooperation with the Army, we did absolutely everything from firearms practice in a shooting range to simulating terrorist captures. We have been taught to use cameras, to install listening devices into telephone, radio or television devices. People`s homes have been searched with warrants issued by prosecutors; and we were instructed to release warrants upon request of the Securitate, even in situations where there were no proofs or when there was only framed evidence. Homes have also been searched under the pretext of checking the functionality of the telephone, radio or television devices. We have been instructed to conduct special investigations by using blackmail, hallucinogenic substances or torture. They were conducted by Militia and Secret Police officers or recidivist prisoners. Our teachers were prosecutors from the General Prosecutor`s Office or Secret Police officers. (many of them still holding their office and being even professors – Ed.). Alexandru Pantea ("România liberă" - March 11, 2008): I would add that some people`s destinies are still being crashed, except that the former torturer Securitate agents have been replaced by new Secret Police agents infiltrated in all secret services, in politics and in the civil society. Particularly interesting is the statement of President Traian Băsescu issued in 2008 and referring to the fact that one quarter of the Romanian magistrates today has been at least Securitate collaborator. And no wonder, since all It is high time I talked about the atrocities of the Securitate - Comunist system because no prosecutor has done that before. Some of my former colleagues could accuse me for being a traitor because I have broken the vow upon enrollment into that school. Only that, back then I did not know what was 102 MICROSOFT graduates of Bran School have been promoted to different positions after 1989. Two such notorious examples are Alexandru łuculeanu and Ilie Picioruş, who have reached leading positions within the General Prosecutor`s Office, the latter even reaching as far as the Superior Council of Magistracy. As already mentioned, young university graduates have been recruited from all domains to become collaborators or undercover officers of the Securitate. This was the only way in which unscrupulous people could get access to high positions in certain economic sectors. Maybe it is not a coincidence that characters such as Eugen Nicolăescu, Sebastian Vlădescu or Vasile Blaga have reached such high positions, without excelling in either their profession, or in their political activities of that time. One of the Securitate leaders is still holding office today in the magistracy by being a judge in Ploieşti. It is Adrian Petre Podea, former Securitate officer who "operatively worked” Dragoş Rişcanu owner of OMNIS GROUP SRL - between 1981 and 1983, up to his departure from the country. He has been also deeply involved in the protection of the Prahova usurers, along with Judge Dumitru Rebegea, at this time arrested for 29 days for taking bribe. But I am going to write about this character sometimes later on. In fact, the OMNIS Group owner was operatively monitored by three secret services of the communist state: MU 0666, MU0625 and the F21 Service, subordinated to DIE. Fact that could subsequently lead us to believe that the software theft, the property theft and the two attempts on his life are not pure coincidences, these actions being a THE GUARDIAN ANGEL - UM 0666 103 continuation of those initiated by the Securitate officers in the early '80s. Of particular importance is the fact that, in spring 2008, CNSAS (National Council for the Study of the former Securitate Archives) requested the Romanian Intelligence Service and MIRA (Ministry of Interior and Administrative Reform) to nominate the magistrates who have been "trained" in Secret Police schools. And the services couldn`t care less ... The same approach was taken by the newspaper "România liberă", the answer received from the Romanian Intelligence Service being: "SRI does not provide such information”. As a conclusion, the Romanian Intelligence Service stubbornly refuses to lay the cards on the table in the service of the historical truth. Supposing they do that, prosecutors and other graduates (at least those of the School in Bran) could not be blackmailed anymore and thus they could refuse to carry out the orders of the Securitate oligarchy. Interesting, eh? ... CHAPTER X Voicu Network on Justice Inside the Securitate there were "young wolves" who, taking advantage of the events of December 1989, have created their own networks by having in the shadow professional puppeteers, once their mentors and tutors. It is the notable case, at least at European level, of the mafia- or Securitate-like network – whatever you would like to call it - created by the Social Democratic Party senator Cătălin Voicu, currently behind bars and investigated for serious acts of corruption. In December 1989, Voicu was a recentlyappointed lieutenant working in the Transmission Command in the Romanian Land Forces - as revealed in "România liberă" in March 2010 - in the 3rd Mechanized Regiment, led by Captain Ionel Marin and Deputies Dumitru Venicius Iliescu and Gabriel Naghi. On December 21, this unit`s Armored Personnel Carriers (“TABs”) have actively participated in the murder of 49 innocent people and injured 599 demonstrators in downtown Bucharest. The next day, following Minister of Defense Vasile Milea`s "suicide", the armored carriers unit sided with Ion Iliescu, just called from home to grab the reins of the new democracy. 106 MICROSOFT The new political power emerged in its shadow was transported by the same TABs from the CC (Central Committee) of PCR to the TVR (Romanian Television), the Ministry of Defence and back. For promoting the "communism with a human face", Dumitru Iliescu later became Director of the SPP (Protection and Guard Service) and then adviser to CSAT (the Supreme Defence Service of the country); meanwhile Naghi was also promoted SPP chief. Everyone, including Voicu, was made "exceptional" general under the oath to defend at the cost of his own life the second-echelon communists who had seized the political power. The day after the execution of the Ceauşescu couple, notorious Communist Ion Iliescu did not forget about Cătălin Voicu, who had previously insured his protection. Thus, he appointed him Head of the General Prosecutor's Office, his mission being to protect the newly-appointed Attorney General, Gheorghe Robu. Voicu called a meeting with the chief prosecutors, drew out a gun and made a clear statement to his audience: he and the Army were the new leaders of the General Prosecutor`s Office and whoever opposed them would be shot to death. After a while during which he strengthened some relationships, Voicu was assigned to SPP, as subordinate of the same Dumitru Iliescu. His arms stretched out more even more during the time when PSD Petre Ninosu was Minister of Justice. Investigators believe that during that time he met Judge Costiniu Florin, who was state secretary at the Ministry of Justice, today judge of the High Court of Cassation and Justice, Civil Division chief in charge of intellectual property rights. THE GUARDIAN ANGEL - UM 0666 107 (The thorough MU 0666 Archives used to blackmail, defame, fraud, murder, etc. are now in SPP custody. Not one file has been handed to CNSAS, President Traian Băsescu being misinformed and led to believe that all of them are in CNSAS custody.) After 1997, the network has lost the protection of President Ion Iliescu, who had lost the elections in favor of Emil Constantinescu. It was the time when, after being put in reserve, Cătălin Voicu, Dumitru Iliescu and Gabriel Naghi set up a Protection and Security Company. In 2000, on his third return to Cotroceni, Iliescu reactivated all three of them. Dumitru Iliescu and Voicu were appointed presidential advisers and Naghi – SPP Director. This means that all classified documents intended for the Head of State first passed through the filter of the first two, while others, those of particular importance, were held by the third. With the direct support of Mayor Marian Vanghelie and the parental blessing of Ion Iliescu, Cătălin Voicu was launched in politics and ever since 2004 he has been a member in the Romanian Parliament. According to the issue of March 22, 2010 of "România liberă", heavy names in the Romanian Justice were part of Voicu`s network, a ministry which, in the first volume of this trilogy, I dared to categorize as being one of the most corrupt institutions in our country: According to transcripts, the prosecutors who were close to Voicu were: 108 MICROSOFT Pantelimon Boştină from the Military Prosecutor`s Office, Marian Capotă, Head of Special Investigations Unit of the General Prosecutor`s Office, Adrian Miclescu, former PNA (National Anticorruption Directorate – Ed.) deputy and collaborator of the Securitate, and prosecutors Vasile Drăghici şi Ioan OŃel, Miclescu`s subordinates. Among judges, Voicu was in a close relationship with Florin Costiniu, former Secretary of State for Justice during Ion Iliescu`s first presidential term, currently Head of Department at the High Court of Cassation and Justice (ÎCCJ) and Cristian Jipa, a Criminal Division Judge within ÎCCJ. As for the Police, it all went smoothly as they could be more easily blackmailed. According to the transcripts, former retired Generals Constantin Matei and Marcel Isac, protagonists of many press scandals while they were still active, appear to be actors in an influence peddling case. General Matei became a “star" also due his son, chief of the police elite troops, arrested for illegally holding people against their will and protection fee extortion. General Isac - beneficiary of Bancorex loans with state-subsidized interest worked for a certain time in the Criminal Investigations and, after Ion Iliescu`s return to power, he was reactivated in the Romanian Intelligence Services. How far the tentacles of the Voicu network have stretched, aiming at no less than the portfolio of the Ministry of the Interior, the reader can easily understand from the interception - made by DNA prosecutors - of a discussion between Cătălin Voicu and Senator Alexandru Mazăre: THE GUARDIAN ANGEL - UM 0666 109 Cătălin Voicu: If I am appointed to the Ministry of the Interior, you will have the Romanian Prosecutor`s Office, all of the Justice and the entire Court in the palm of your hands. (...) in three years I can create the entire Romanian network. (...) Sir, I have already told you that in December 1989 I was appointed adjutant to the first Attorney General of democratic Romania, when nobody listened to anybody’s orders and it worked during '89, '90 - all the time and all my relations, and I developed together with them. In conclusion to everything we have mentioned so far, we can claim that we are dealing with former Securitate agents infiltrated into the new state structures, with new Securitate agents trained by them and interest groups created by them for both material and political influence reasons. What has escaped Cătălin Voicu`s sight is that absolute power was not favored by the Russian spies who created and controlled the Secret Police, shaping it in their own image. Napoleon: All power corrupts. Winston Churchill: Power corrupts and absolute power corrupts absolutely. This might have been the reason why the Secret Police agents made it so that Cătălin Voicu, who had become too greedy and reckless, endangering the interests of their caste, would break his neck. 110 MICROSOFT Ovidiu Soare Network on the Romanian Intelligence Services Retired General Ovidiu Soare, SRI Deputy Director, Head of the Inspectorate for the Protection of the Constitution and Economic Security has created its own network, this time inside a secret service. Before that he was senior officer within Ceauşescu`s Securitate Direction V (MU 0666) and during the events of December '89 he went hiding inside Bucharest Militia District 1 so as not to be recognized and lynched by the people in the streets. General Soare has been indicted by the DNA (National Anticorruption Directorate) prosecutors together with col. Gheorghe Dumitrache and former presidential adviser Emil Dumitrescu a.k.a. Cico. He was accused of "taking bribe, incitement without execution of criminal fraud, incitement to intellectual forgery, complicity to malicious use of SRI property with purpose contrary to the institutions regulations, forgery in deeds by private signature, association to commit crimes, the omission to inform the judicial authorities with regards to the Romanian national security on the normative version and providing secret or confidential information by any means, outside the legal framework”. Reserve Colonel Gheorghe Dumitrache (in-law of billionaire Liviu Luca from Petromservice and godfather of prosecutor Gheorghe Muscalu from the Prosecutor's Office within the High Court of Cassation and Justice), "former head of Direction A within Prahova Information Service inside SRI was prosecuted for influence peddling, bribery, attempt to THE GUARDIAN ANGEL - UM 0666 111 pursue to commit perjury and association to commit crimes". “Emil Cico Dumitrescu, former state adviser to the Presidential Administration (during Ion Iliescu's mandate – Ed.) was charged with influence peddling". The first two were retained in custody for 29 days, but soon they were released by the nine judges of the High Court of Cassation and Justice. Up to this moment, four years since committing those crimes, they have not received any conviction. It was also under General Ovidiu Soare`s coordination that the mafia network of the Head of SRI Prahova, Colonel Corneliu Păltânea, has activated for years. Another one who benefited from that situation was Colonel Daniel Bucur, who was dealing petroleum, construction materials and recruitment of SRI undercover officers. The two were also put under preventive arrest, charged and then released by the courts. They have not received any conviction, the dust of oblivion covering their investigation files. Prahova Network Leader on Prahova County is the small network of judge Dumitru Rebegea, currently in custody (really for how long?) for taking bribe from usurers. An insignificant pawn on the chessboard of the Secret Police oligarchy, he has often found a partner and a mentor in Adrian Petre Podea, together setting free well-known criminal usurers, including Sandu Zamfir a.k.a. Austrianu' and Florin Pârjol a.k.a. Ghenosu'. It is important to mention that Podea (still free and making justice among other Prahova county 112 MICROSOFT litigants) is a former Secret Police officer of MU 0625, who has "informatively-worked" Dragoş Rişcanu in file no. 217.704 of 1981. To "informatively-work someone" means to try through blackmail, threats and psychological torture to determine a potentially "hostile" person (who is not a party member, a relative to a more prominent member of the Securitate or the Militia, or belonging to the caste) to become an informer, instigator, etc.. In 1983, Rişcanu chose to leave rather than work with these torturers. For his achievements in the administration of justice, in addition of his retirement pension as Securitate officer expert in political police practices, Adrian Petre Podea also received all through 2008 94 million ROL per month. In 2009, his income probably increased. His son, Radu Podea, is continuing the family tradition by being a lawyer inside Prahova County Bar Association. First Mineriad, set by the state Military prosecutor Dan Voinea was assigned to investigate the events of December '89 and the mineriad of 13 - 15 June 1990. One can assume the reason why he has not reached a decisive conclusion in these cases: some of the most serious and grave pressures have been exerted on him. However, the General has leaked information to the media from time to time thus setting public opinion on fire while the orchestrators of those events remained indifferent. Thus, in June 2010, he told RFI (Radio France Internationale) that the anticommunist movement in June 1990 was suppressed in a bloody manner by THE GUARDIAN ANGEL - UM 0666 113 the same repressive forces which have also acted in December '89, being in fact a bloody action of the state institutions. The mineriad of 13 - 15 June 1990 is improperly said a mineriad because it was actually a repression of the new government against the demonstrators in University Square, which took a stand against the fact that the newly-announced power structures were all former communists (manipulated by “the old and the new” Securitate agents - I would add) and then the University Square movement was born to raise the awareness against the danger that members of the former Romanian communist government could be found in the new power structure. This movement was suppressed in a bloody manner between 13 - 15 June 1990 by the same repressive forces which had also acted in December 1989. It is possible that the offenses for which I have initiated the prosecution – more specificaly art. 358 of the Penal Code, which refers to the illegal detention of those who fell under the power of the adversary and thus they were detained as political prisoners and underwent bad treatments - is an imprescriptible offense. But see, the victims who have not found justice in this file, and the same happened with the Revolution files, are unaware of the fact that the population has passed from Communist dictatorship to practically falling into the hands of organized crime. It is almost impossible to ask those from the organized crime, including state officials who are involved in this criminal phenomenon, to establish the State of Law (s.n.). 114 MICROSOFT If you will allow me, I will recall a story taking place sometimes in 1991, while I was a reporter for “România liberă" daily. I should mention that, as a reporter for the newspaper "Dreptatea"(“Justice”), I had actively participated in the University Square phenomenon and also assisted at the escalation of the conflict due to the instigation orchestrated by Police and, probably, Secret Service agents. For those who do not recall that moment, it all started when a bus stationed near Ion Câmpineanu Street was set on fire by unidentified persons disguised as "hooligans." Moreover, the media (including myself) have come into possession of a conversation that triggered the whole craziness. Journalistically speaking, I was investigating an alleged crime of gang rape committed by the owner of a pub against two "night birds" (prostitutes), frequent clients of the premises. Finally it appeared that it was the revenge of a police officer from the Ozana neighborhood of Bucharest, who had borrowed money from that owner, and had no intend to pay it back. I asked to see the Chief of the Police Station and had a lengthy talk with him. Thus, the lieutenant-colonel started to make some revelations. This was how I have learned that he actively participated in the events of December '89, being remarked by the FSN leaders. They promised he would be the leader of the whole structure, and the man stood close by because he obviously liked the idea; how else?! Under the pressure of Ion Iliescu and his yesmen, Petre Roman, as prime minister, took on the duty to solve the situation in University Square. But since he did not know how to do that, he summoned THE GUARDIAN ANGEL - UM 0666 115 those in the position to come with a solution. Nobody knows where the idea came from, but someone proposed staging the violent actions of the demonstrators, thus giving the Police the justification and legitimacy to act in force. My interlocutor, who was there at that time, was assigned this task, with the promise that the following day he would be appointed Head of the General Inspectorate of the Romanian Police. The man pondered on it for a few moments and then declined the offer. Naturally, they found someone else to orchestrate the frame-up, the officer becoming a poor Police commander in one of the most notorious neighborhoods of Bucharest. CHAPTER XI Securitate Oligarchy Refuses to Surrender Former president Emil Constantinescu has also concluded that the former Secrete Police has taken over the Romanian economy and that our country is ruled by oligarchs controlled by the intelligence services, as it happened in Russia, Belarus or Ukraine. If by oligarchs he means "old and new" Securitate agents or its puppets, brought to the front to represent the interests of their caste, then I agree with him. During Constantinescu`s term, after the dismissal of Virgil Măgureanu and Ioan Talpeş, SRI and SIE Directors, the Secret Police agents infiltrated in the state structures have gone through a period of calm. Manipulation decreased to a certain extent and there were less press coverage on files created by "certain structures”. Lately, however, the "old and new" Secret Police agents have burst out, culminating with confidential conversations of the Minister of Interior or of the MPs leaking into the press. 118 MICROSOFT "Romania will Remain an Underdeveloped Country" Like I said, this system of Securitate oligarchy is undisruptedly functioning in this country and it will not end anytime soon. At the most it will transform again, according to the interests of the caste, into a new form of existence because the members of the Secret Police are closely tied to each other and whoever tries to separate from them is eliminated. Also, the "hostile" or "adverse" elements which would throw obstacles in their way would share the same fate. Among the former Secret Police agents – or the "teachers" as they are called - and their young disciples there is such a perfect symbiosis that one cannot exist without the others. Their common bound: assassinations, illegal business, the chunks they have stolen from the national economy, and other illicit business that would terrify Westerners if they could understand them. Perhaps this was the trigger for French sociologist and anthropologist Claude Karnoouh to declare: Romania will remain an underdeveloped country, without no power oversees, good for its very cheap and quality labor force ... Nevertheless, you will see a few parrots pretending themselves to be intellectuals who, on the command of their masters, will plead for a “locally adapted” capitalism and liberalism … It is true that the Romanian intelligentsia has for a long time developed exceptionally well a sense of servility. The sins of the Romanian capitalism are the sins of capitalism in general, representing a single THE GUARDIAN ANGEL - UM 0666 119 Weltanschauung: the profit. Nevertheless, the specific trait of the Romanian capitalism is the following: citizens benefit of no legislative protection. My first meeting with your country happened in 1971... despite the nationalism-communism and the intensive development policy, which was exceptional in Europe back then, despite the communism, despite the prison-Canal of the 1950s, despite the fact that in many areas of the country people were living like they were still in the 19th century ... In the early 1990s many things seemed possible, although the West made it soon clear what it wanted, and the ones who executed the coup d’etat have immediately taken the economic-political power in their hands, with the blessing of the Western world... Although the “crocodiles” let the naive “innocents” play for a little while, they very quickly took the serious matters into their powerful hands [...] that can be clearly seen today. The economic and political power is in the hands of all important former members of the Romanian Communist Party (PCR): more precisely in those of many important Securitate agents or their children`s. And I am not referring to the petty, but to top agents. Born in 1940 in Paris, graduate of Sorbonne and Paris X Nanterre universities, Karnoouh has conducted several surveys of ethnography and folklore in Maramureş, studying our country since 1991. Between 1991 and 2002 he was a visiting professor at "Babeş-Bolyai" University in Cluj. 120 Communist Criminal" MICROSOFT regime – “Illegitimate and In September 2007, when European Commission President Jose Manuel Barroso visited our country and talked about the fight against corruption, I am convinced that the Securitate agents burst out laughing. He said at the time that: "A truly modern system, with democratic accountability, with clear determination to fight corruption and organized crime is primarily in the interest and the benefit of the Romanian citizens". Why would be interested those who manipulate the power and finances of the country in the benefits of those living in the Carpatho-Danubian-Pontic space? Nine months earlier, President Traian Băsescu condemned communism before the two reunited Parliament chambers and government representatives. We quote from the synthesis that he presented - totaling over 600 pages - and which was possible due to an analysis presidential commission: Communism was a regime imposed by a political group self-appointed as keeper of truth, a totalitarian regime born through violence and ended through violence. It was an oppressive regime that deprived the Romanian people of five decades of modern history, which broke the law and forced citizens to live in lies and fear. Relevant analysis on the party apparatus and the Securitate structures and patters is a necessity. We have the necessary data for the condemnation without right to appeal of the THE GUARDIAN ANGEL - UM 0666 121 Romanian communist regime. A democracy without memories is one in serious distress. We must not forget, in order to avoid making past errors. The communist regime in Romania (1945 1989) was illegitimate and criminal. The lesson of the past proves that any regime that humiliates people cannot last and does not deserve to last. At present, every citizen can freely demand that his/her inalienable rights are obeyed and public institutions must work so that people no longer feel humiliated. Although the stated purpose of incriminating the communist state and the Securitate aimed at including a national reconciliation, it was more for creating a good image, one that the puppeteers of the new democracy have not even taken into account. And until the establishment of a state of normality, as our European Union Western partners perceive it, we have long to expect. Maybe too long... The Monica Macovei “Trouble” Immediately after Romania's accession to the European structures, on January 2007, our country has been considered - and it still is - by Transparency International, the world press (especially the French, the Austrian, the German and the American) and also Brussels officials to be the most corrupt among the EU countries. Last December, Former Justice Minister Monica Macovei, who unsuccessfully tried to reform the institution, made the following statement to the “New York Times” American daily: 122 MICROSOFT The files of former collaborators (of the Securitate – Ed.) must be completely opened and placed under independent control; otherwise the system remains poisoned because former collaborators will never build a democracy. There are many networks within which people protect or blackmail each other ... The current Defense Minister seems to have faced one of them when he initially declined the portfolio of the Ministry of Interior by refusing to grant access to organized crime into the Government. For those of you who do not recall that incident, some of the fellow party (PSD) members had been pushing that Senator Cătălin Voicu be appointed at least State Secretary in that structure if he was not to become Minister. Death solves all problems — no man, no problem - Joseph Stalin Back to Monica Macovei, PD-L Member of the European Parliament (MEP), it is remarkable her and four other MEPs` initiative to submit a written anticorruption Statement to the EU Parliament concerning the EU initiatives to fight against the phenomenon - which would represent a clear argument for applying the measures in this regard. Surprisingly, the statement passed, but the difference in votes was very close, of only a few votes. More specifically, that Statement made in early May this year calls for the Commission and the Council to create an unyielding authority to monitor corruption within the European Union. And that is THE GUARDIAN ANGEL - UM 0666 123 because, according to Macovei, "78% of the EU citizens consider corruption a major problem in their country". "The lack of action in this respect endangers taxpayers` money and the credibility of the Union. Let`s not pretend that we don`t see that!", also added the Romanian MEP. Speaking about the former Minister of Justice (December 2004 - April 2007), who has troubled many big bosses and many interests, let us mention another incident. Former President of the Association for Human Rights - Helsinki Committee (APADOR-CH) and a founding member of Transparency International-Romania, she was not member of any political party when she was appointed Minister of Justice. On the night of April 13, 2006 – it was a Thursday – Monica Macovei briefly stopped by her place in order to grab an overcoat, and then left again, in all missing for two hours. On her return, around midnight, she felt a strong smell of gas ever since she entered her home. Without switching the light on, she went straight to the stove and noticed that two burners were turned on, but no fire burning. She turned them off, opened all the windows and left the house, taking a half-an-hour walk. Because it was too late to call him at that hour, she sent a text message to Daniel Morar, Head of DNA, and then returned to the apartment. Macovei had not received SPP protection because she had not - allegedly – formulated a request in this respect. The hypothesis that the Minister would have left the gas burning when she passed by to get her overcoat was discarded because she had not even touched the stove. The incident was rather a warning that added to the denigrating media campaigns 124 MICROSOFT against her. She had bothered too many people and declared herself too much against corruption and organized crime. A year later, the minister was changed from office and ended up fighting against corruption, this time under EU auspices, in the countries of former Yugoslavia. Later on, she was elected MEP. The owner of OMNIS GROUP SRL had passed through similar circumstances only that, in his case, those did not seem to have been warnings, but actions intended to kill him. First, his car was sabotaged and it was sheer luck that he escaped a fatal accident. The mechanics called on the spot found that someone had sabotaged the car brakes. Then, someone – I wonder who - put kerosene instead of gasoline in the fuel tank of the boat that he owned and used to drive in the Delta. It was also sheer luck that the engine did not explode, and Dragoş Rişcanu stayed alive. Do Europeans even want to fight high level corruption? With just a few days before Monica Macovei`s statement against corruption - which foreshadowed – on May 4, 2010 the European Parliament took a step forward on the same segment, calling the fight against corruption in Romania to be evaluated more specifically with OLAF (European Anti-Fraud Office). In other words, the members of the European Parliament have suddenly remembered that Europe is financing by 50 million euro per year an information structure (OLAF) in order to protect European money and the interests of the Union. And that it was time for the Justice and the fight against THE GUARDIAN ANGEL - UM 0666 125 corruption in Romania and Bulgaria to be more seriously monitored, possibly introducing a traffic light-type of system is three colors: red, yellow and green. How nice! Note that this mysterious OLAF was established on June 1, 1999, having an imposing headquarters in Brussels. In every EU country there is one AFCOS (Anti-Fraud Coordination Service) to monitor the handling of the Structural Funds and other European stipends, in collaboration with the Prosecutor`s Offices in the member countries. At his turn, OLAF is collaborating with all those AFCOS, centralizing the results of the fight against corruption and fraud, but without having any direct authority in those countries. In our country the AFCOS is called DLAF (Anti-Fraud Department) and is directly subordinated to the Prime Minister. Why did they pick this name? To look more like OLAF, as Romanians often have the tributary habits of monkeys who imitate everything they see. For now I stop here discussing about the two quite strange structures having an at least questionable efficiency. For starters though, as example of an OLAF action close to the ridicule, I will recall a great achievement of the super-investigators in Brussels. Prior to our accession to the European Union, OLAF had reached the great performance to expose a MEP who settled a pharmacy prescription on behalf of his mistress. The “fabulous” prejudice: the amount of 24,5 euro. Yes, exactly. Of course, anyone can tell that it is the deed itself and not the amount that truly matters. OK, so can be. But, in this case, what about those 50.000 euro collected from PHARE by RSC SRL, Vlădescu`s company, at a 126 MICROSOFT time when he had one or two employees, all of them lacking experience in IT&C? In that case, when the amount was significantly higher than 24.5 euro, does the deed not count anymore? How many Securitate agents per European? So far I have tried to show that, in Romania, the Secret Police (or Securitate) is not dead. Quite the contrary. The tentacles of this octopus have spread to the whole territory and the whole economy, and for more than three years, after our accession to the EU, they have also penetrated the European structures. I am also extremely convinced that the European bureaucracy in Brussels has no idea of what is really facing; and how dangerous the Securitate oligarchy is for all human values with which it comes into contact, and especially for individuals themselves towards whom it never shows the slightest sign of respect. All that truly matters is material wealth, to hide the truth and the interest of the caste. In addition to that, for them there is nothing else. And this ideology has been present in Romania for almost 70 years. What is the reaction of the CSAT (Supreme Council of National Defense) in this situation? It concludes that some press campaigns against corruption and corrupt state institutions – in which corrupters are exposed - are threatening national security. Fascinating! That means that I can also declare myself one of the terrorists of this country's democratic system since I uncover and fight against high level corruption – this is what I am aiming at with this THE GUARDIAN ANGEL - UM 0666 127 study. And this is what I have been doing for the last twenty years. To defend human rights, justice and moral values of a civil society painfully suffering for decades. I could be as much as arrested at some point and I am aware of it. And that would be, of course, for an imaginary or framed guilt. But now it is too late to give up. And there are also a few like me out there. I do not know how many they are, but we are plenty. And we are terribly annoying. There is no doubt about it; the whole media is packed with undercover agents of the many Romanian secret services. This is a fact also recognized by the Romanian Intelligence Service that recently stated with some disappointment that, as compared to other secret structures, the agency has significantly less undercover agents in the media. A matter of mentality At this point I believe it is worth mentioning an incident which took place in 2007 and in which I was involved while being a specialty reporter at “ZIUA” daily. It was an incident that gave me much food for thought. The editorial office was near the Ministry of Interior`s headquarters, in downtown Bucharest. The access on those streets was cumbered by the parked cars, and rarely could two cars fit while passing side by side. I entered one of these streets, drove on about twenty meters when, coming from the opposite direction, I found myself facing a blue MI Volkswagen in which there were two persons. Both of us did not stop until we came face to face. So as to pass first, the driver asked me to move backwards. Like I said, that meant more than twenty MICROSOFT THE GUARDIAN ANGEL - UM 0666 meters, he merely having a couple of meters so as to do the same. - Move so we can pass first! said the driver. The person sitting on the passenger’s seat, who appeared to be someone of a higher rank, did not say anything throughout the dispute, but looked frowningly at me as if he wanted to kill me by a glance. - You saw that I was already driving in the street and you should have waited for me to pass this bottleneck, after which the road would have been free, I replied. - Shut up and move backwards! - I don`t want to. What are you going to do about it? At that moment he saw the ZIUA badge on the windshield. - Oh, you're from the press! - Yes, I am. With a sour smile, the driver moved backwards, letting me pass. When our cars came side by side he said to me: - You did not move backwards because you knew that we are from the (Ministry of) Interior. - Exactly. You don`t have more rights than I have. - Never mind, soon we will be back. We will chop you to pieces ... And he showed me how, letting go of the steering wheel and hitting the edge of his right palm on his left palm. - You will never be back, you scum! I could not refrain myself. But then I thought to myself: where to come back from, since they did not even go anywhere?! Criminals are afflicted people. Assassins are trained people 128 129 To close, I would like to refer to yet another situation in which one can end up because of this country`s justice, which is corrupt to the bone. Or better said, not a situation, but a state of mind hard to imagine by an ordinary person. Because he refused to do business with the state and to associate with the current scams, who would have guaranteed his success, Dragoş Rişcanu was stolen a software worth hundreds of millions euro - if not more -, a house, and he was the target of two assassination attempts. At one point, realizing or just sensing what might happen, in 2005, he published some of his thoughts on the www.coruptia.ro website, which I will present below: Nothing but good thoughts about ASSASSINS Assassins are not criminals Criminals are afflicted people Assassins are trained people Assassinations are not spontaneous; they are committed on order Criminals have souls, they kill out of mistake, jealousy, greed, revenge, frustration, drunkenness, madness, they kill humanly, they kill someone they know, they kill "in the open", they make mistakes and are usually caught by a society appalled that an ordinary man can resort to committing a murder by himself to solve a personal matter. 130 MICROSOFT Assassins have skills, they kill after they have received professional training, in-depth knowledge which has been practiced for a long time, good scores in the graduation exams and they use poison that leaves no trace, bullets that make no noise, sabotaged cars, drowning by the shore, no-escape polonium. They do not know their victims, do not make mistakes and are not identified by a society terrorized by the mere fact that such elements exist and which, at some point, might turn against them. They exist because all societies train their assassins to protect state interests, to respond to similar acts of aggression, to ensure the safety of the state of law, of democracy, of its own citizens. What happens when assassins define state interests and fail to distinguish them of their own interests? When they act without order or take their own initiatives? When they act against their own country`s citizens, against the state of law, against democracy? State of law becomes criminal state. Romania has been and it still is a country at the mercy of assassins. The assassinations are ordered only if the interests are so great as to justify such a solution. Major interests are: political, economic or politicaleconomic (to understand: the opportunity to exploit political office for economic advantage - to steal from the state). If assassinations are committed to give political advantage, they should be committed in such a way THE GUARDIAN ANGEL - UM 0666 131 that they could be credibly denied by the person who would benefit from the assassination, should the unlikely possibility occur that the victim survived. The most successful assassinations are framed accidents. The optimum conditions are created (sabotaging car brakes or a boat`s engine, etc..), leaving the rest to chance. The ideal situation is when the "subject" is not alone, so as to avoid the speculations that there was a "target." When the "subject" is accompanied by a friend or preferably family members, then we have a perfect case for a total, invisible, unclaimed act of assassination. It is important to have "collateral victims", for maximum reliability and denial. ANNEXES Annex 1 Microsoft blacklists Journalist John C. Dvorak, one of the most competent persons in the media in the field of hightech, has made the following statement: “In the 1980s, the company was notorious for keeping Nixonian lists regarding journalists on a whiteboard showing which were "Okay," "Sketchy," or "Needs work." Some believed that those in the last category would be the target of the company in an effort to get them fired. I myself was on a Microsoft blacklist for some totally unknown reason and was not allowed any information about an early version of Windows, apparently because I was considered uncooperative. I only found out about this because of documents unearthed during the discovery process of the Comes v. Microsoft lawsuit in Iowa. [...] threats from the company did manage to get me removed as a licensed columnist in PC Magazine Italy.” Journalist Mary Jo Foley has faced a similar situation: 136 MICROSOFT “I was blacklisted by Microsoft for writing a story based on an internal memo penned by Mark Lucovsky (now employee of Google, ironically) that acknowledged 63,000 bugs were still left in Windows 2000 when the product was shipped. I was barred from executive interviews at the Windows 2000 launch as a result of my story. My "punishment" lasted for a few years. Certain Windows execs refused to speak to me or meet with me for ages because of that story. I believed, and still believe, that I was just doing my job as a reporter.” Annex 2 March 31, 2009 – ECIS Report: A History of Anticompetitive Behavior and Consumer Harm MICROSOFT’S HISTORY OF ANTICOMPETITIVE CONDUCT - Microsoft’s Campaign to Destroy DR-DOS - Microsoft’s Anticompetitive per Processor License Fees - Microsoft’s Retaliation and Price Discrimination against IBM - Microsoft’s Organized Collective Boycott against Intel - Microsoft’s Elimination of Word Perfect - Microsoft’s Deceptive WISE Software Program - Microsoft’s Elimination of Netscape - Microsoft’s Attempts to Extinguish Java - Microsoft’s Elimination of Rival Media Players - Microsoft’s Campaign against Rival Server Operating Systems In the early 1980s, Microsoft purchased an early version of a standard disk operating system 138 MICROSOFT (“DOS”) that became known as MS-DOS. At the time, a number of rival operating systems offered features, such as the ability to run multiple programs at the same time, that Microsoft’s operating systems would not offer until years later. At the time, operating systems were just beginning to move from a command-based interface to a graphical user interface. Microsoft developed a graphical user interface known as Windows. Early versions of Windows did not actually “run” the computer – rather, they were a shell surrounding the underlying DOS program, which in turn ran the computer. Initially, Windows embraced the DOS standard, which meant that Windows would run on top of any DOS, including DR-DOS, Microsoft’s principal rival in the DOS market. This initial interoperability came to be known as part of Microsoft’s now-classic “embrace, extend, and extinguish” strategy, which Microsoft has subsequently and successfully employed in many other product areas. NKVD Manual, article 4243: Denigrate, hire, and liquidate. Here it is how it worked the interoperability: This strategy has three phases: First, Microsoft “embraces” a competing product by developing software or implementing standards that are compatible with the competing product. Microsoft then “extends” its own offering by creating features or standards that are interoperable only with Microsoft’s proprietary technologies. THE GUARDIAN ANGEL - UM 0666 139 Finally, when Microsoft’s proprietary software or standards have achieved widespread adoption, Microsoft “extinguishes” its competitors by dropping any remaining pretense of compatibility. In 1994, the U.S. Department of Justice (“DOJ”) filed an antitrust suit against Microsoft challenging this conduct, resulting in a consent decree under which Microsoft agreed to stop using per processor license fees. But the anticompetitive practice had already been quite effective in reducing competitors’ share, particularly when combined with Microsoft’s other actions directed against DR-DOS. Also in the mid-1990s, Microsoft took a series of steps to punish IBM for promoting a competing operating system and personal productivity application suite. Microsoft also used exclusive agreements to promote its “polluted” version of Java and, as noted above, Microsoft threatened Intel to stop Intel from supporting Sun Microsystems’ Java standards. As the D.C. Circuit later explained, “Microsoft’s Paul Maritz told a senior Intel executive that Intel’s [development of software that was compatible with] Sun’s Java standards was as inimical to Microsoft as Microsoft’s support for non-Intel microprocessors would be to Intel…. Microsoft threatened Intel that if it did not stop aiding Sun on the multimedia front, then Microsoft would refuse to distribute Intel technologies bundled with Windows.” Intel capitulated, and dropped its support for Java. 140 MICROSOFT Microsoft’s overall plan to neutralize Java as a middleware threat was extremely successful. As the Fourth Circuit explained in a subsequent private suit brought by Sun Microsystems: First, Microsoft “embraced” the Java technology by licensing from Sun the right to use its Java Technology to develop and distribute compatible Products. Second, Microsoft “extended” the Java platform by developing strategic incompatibilities into its Java runtime and development tools products…. Third, Microsoft used its distribution channels to flood the market with its version of the Java Technology in [what Sun characterized as] an attempt to “hijack the Java Technology and transform it into a Microsoft proprietary programming and runtime environment.” Microsoft’s conduct eventually drew scrutiny from the European Commission, which condemned Microsoft’s refusal to release information that would allow other server operating systems to connect to personal computers running Microsoft’s Windows operating system. In a 2004 decision, the European Commission found that if Microsoft succeeded in eliminating other server operating systems as competitive threats, then innovation would be severely limited. And, in fact, after releasing Windows Server 2003 to lukewarm reviews, Microsoft failed to release a new server version of Windows until 2008. Even then, many reviewers noted that, despite aggressive marketing to smalland midsize-business users and a special edition of the server operating system just for these users, Microsoft had done very little to address their needs, THE GUARDIAN ANGEL - UM 0666 141 and instead had essentially re-packaged a scaleddown version of an existing enterprise-level product. Despite international scrutiny of Microsoft’s anticompetitive conduct, Microsoft has continued to take similar unlawful actions to eliminate potential competitive threats. The only real difference between Microsoft’s more recent practices and its earlier ones is that, as Mr. Gates predicted, Microsoft has now changed its document retention practices. In 2003, the DOJ discovered that Microsoft had built a feature into Windows that invoked Microsoft’s Internet Explorer browser, rather than the user’s chosen default browser, contrary to the clear obligations of the Final Judgment. Similarly, in 2004, Microsoft attempted to require licensees of its middleware offering, the .NET Framework, to obtain Microsoft’s prior consent before publishing any benchmark testing results for the software. In 2005, Microsoft demanded that manufacturers of portable music players sign exclusive deals if they wanted integration with Microsoft’s Windows Media Player. And in 2007, Microsoft made changes to allow consumers limited choice of desktop search products in Windows Vista only following an extensive government investigation and pressure from a number of U.S. States. While Microsoft eventually made changes to its conduct in each of these instances, these incidents all demonstrate Microsoft’s willingness to use its monopoly products aggressively first and make changes later only when confronted about its behavior. This is particularly striking coming, as it does, within the very limited range of issues covered by the Final Judgment. In 142 MICROSOFT fact, the district court overseeing the Final Judgment extended the decree for two more years, to November 12, 2009, because Microsoft still has not come into compliance with its obligations regarding communications protocols. Microsoft’s bullying tactics therefore raise the overall cost and slow down market penetration by innovative technologies intended to compete with Microsoft’s monopoly products. In an apparent escalation of its patent FUD strategy, Microsoft sued the navigational system vendor, TomTom, for patent infringement at the end of February 2009. Three patent claims related to Linux are included in the lawsuit. At least two of them are related to highly questionable patents on long file name support in Windows, which have been partially invalidated by an EC patent court on the grounds that Microsoft’s patent claims were “not based on inventive activity”. While Microsoft has publicly claimed that its action is not directed against Linux or open source, and the case was settled in March 2009 pursuant to a mostly confidential agreement, this represents an aggressive development of Microsoft’s use of spurious or highly questionable patent claims to intimidate and eliminate competition from Linux in order to maintain or strengthen its dominant position in the OS market. The EC continues to investigate a number of other actions Microsoft has taken to tie products to Windows as well as Microsoft’s refusal to enable interoperability with certain of its monopoly THE GUARDIAN ANGEL - UM 0666 technologies, including Exchange, and Office. SharePoint, 143 Outlook, As the Commission observed, it took Microsoft three years even to approach releasing the amount of interoperability information the European Court of First Instance had ordered it to release. Microsoft’s history clearly demonstrates its longstanding practice of making one set of statements about interoperability in public and then implementing a wholly different approach to interoperability in practice. For fifteen years, Microsoft’s share of desktop operating systems has remained above 90%.149 In 2002, when the Final Judgment in United States v. Microsoft was entered, Windows XP was the most common desktop operating system. Microsoft did not release a successor to Windows XP until 2007, when it released Windows Vista. Even then, the “Vista” that Microsoft released lacked the most significant features that Microsoft had initially promised, and reviewers labeled it as little more than an incremental improvement. CNet News, a leading computer industry publication, ranked Microsoft’s Windows Vista in its “Top Ten Terrible Tech Products.” Even Microsoft recognizes that its stronghold on operating systems has harmed consumers: The Windows API is … so deeply embedded in the source code of many Windows apps that there is a huge switching cost to using a different operating system instead. … It is this switching cost that has given customers the patience to stick with Windows 144 MICROSOFT through all our mistakes, our buggy drivers, our high TCO, our lack of a sexy vision at times, and many other difficulties… Customers constantly evaluate other desktop platforms, [but] it would be so much work to move over that they hope we just improve Windows rather than force them to move. In short, without this exclusive franchise called the Windows API, we would have been dead a long time ago. CONCLUSION Microsoft’s conduct over the last two decades has demonstrated Microsoft’s willingness and ability to engage in unlawful conduct to protect and extend its core monopolies. This conduct has caused real harm to consumers, who continue to pay high prices and use lower quality products than would have prevailed in a competitive market. By understanding Microsoft’s history of anticompetitive conduct, developers, consumer groups, and government authorities will be better equipped to recognize current and future Microsoft misconduct at an early stage and intervene to prevent Microsoft from using tactics other than competition on the merits. ECIS remains hopeful that the European Commission’s latest Statement of Objections addressing Microsoft’s misconduct will finally mark the beginning of the end of Microsoft’s two decades of anticompetitive behavior and consumer harm. Annex 3 Minister of Health worked for arms dealer Shimon Naor (Article published in "Averea" daily - July 2006) Dangerous liaisons The current Minister of Health, Eugen Nicolăescu, was former employee of the famous arms dealer Shimon Naor, now sought by the Interpol for violation of the embargo imposed on certain African countries. The high official worked at "Corona” company, considered a cover-up company for the arms smuggling. Former director of RATMIL (today ROMARM) – an administration unit established by Ceauşescu to export military equipment to African countries – Nicolăescu has one gap year in his resume between '98 and '99 -, which he refuses to make remarks upon. Ever since '90, the current Minister of Health has been committed to RATMIL, being advanced to economic director in '94 and, in '97, under CDR (Democratic Convention of Romania – Ed.) administration, he was appointed CEO. In November '98, CDR struck a deal with PD (Democratic Party – 146 MICROSOFT Ed.) for a trade: Nicolăescu would resign from his CEO position at RATMIL and instead he would be appointed general secretary in the Ministry of Finance. Thus, Nicolăescu`s position at RATMIL was entrusted to Gigel Bratiloveanu, a Democratic Party favorite. One year passed until Nicolăescu was given the promised position within the Ministry of Finance in '99. During that period, according to sources in the arms industry, the current Minister of Health was employed by Israeli Shimon Naor, whom he knew before, as Naor had done arms business with RATMIL. Consequently, Nicolăescu worked for the famous smuggler at "Corona" and held, among others, the position of independent external auditor. "Corona" is none other than the company acting as a screen behind which "Filiera Arme" (“Arms Connection”) smuggling operation was carried out, for which Shimon Naor was convicted by the Romanian justice and is today sought worldwide. "The Link" between Romania and Ethiopia For Shimon Naor`s company, Nicolăescu was a "gold mine". Former RATMIL CEO, the current Minister had strong connections with importers of arms from Africa and the Middle East and he could be a "link" to huge business opportunities. A document - presented to the press in the late `90s shows that on June 16 '98, engineer Eugen Nicolăescu (at that time ROMARM CEO) sent a fax to IBRAHA company, RA ROMTEHNICA representative in Ethiopia, offering special products on producer prices, in competition with those supplied on RA ROMTEHNICA prices. This is THE GUARDIAN ANGEL - UM 0666 147 evidence that Nicolăescu was active on the arms market. Subsequently, the "Filiera Arme" scandal centered on Shimon Naor and “Corona” company controlled by him - exploded in Romania. The Israeli (with Romanian citizenship – Ed.) was arrested, but also released in the meantime. He disappeared from the country and today he is still sought for (he was arrested in May 2010, in France – Ed.). The Bucharest Justice found him guilty in absentia for arms smuggling to Eritrea, Nigeria and attention! – to Ethiopia, where I have found the "traces" of the current Minister of Health. Moreover, our sources told us that Naor has been linked over time to all former directors of RATMIL, not only to Nicolăescu. Contacted by "Averea", the high official sent us his answer through a spokesman: "The minister is in session, but he would like you to know that in the period '98 - '99 he worked elsewhere. I cannot tell if he had or didn`t have connections with Shimon Naor”. Annex 4 Vlădescu, Minister of Finance, Exported Arms to Africa (Article published in Evenimentul Zilei November 2005) In Boss Exim Trading Group SRL, the high official associated himself with persons in connection to the former communist Securitate. Until he became Minister of Finance, Sebastian Vlădescu was involved, as a businessman, in most of the industries, ranging from computers and medicine to constructions and consultancy. What is less known about him is that businessman Vlădescu was also involved in arms business. Being a shareholder in a strategic company, Vlădescu exported arms to Africa and associated himself with persons involved with the former communist Securitate. Associated with People from the Communist Regime When he was appointed Minister of Finance in the Tăriceanu Government, Vlădescu wrote in his declaration of assets that he was shareholder in 150 MICROSOFT Boss Exim Trading Group SRL. According to data provided by the website of the Ministry of Finance, the company`s object of activity is wholesale trade. The company was founded in 1998 by three shareholders: Bogdan Ceauşelu, Otto Breuer and Sebastian Vlădescu and in key-position, employed by the three to handle business transactions, was Adrian GhiŃă. What does not appear on the Ministry of Finance`s website is that Boss Exim Trading Group SRL is dealing with arms trade; that Otto Breuer is a retired General and the man who, as Deputy of the Danube-Black Sea Canal Station, was a trusted person of the ancient regime; and that Adrian GhiŃă is a former employee of ROMTEHNICA arms company and son of retired General Grigore GhiŃă, convicted for the Otopeni massacre of 1989. Although initially acquitted by the High Court of Cassation and Justice, the Court of Appeal - notified by the relatives of the victims - sentenced Securitate General GhiŃă to six years imprisonment for thirddegree murder and dismissed the appeal for annulment filed by the Romanian General Prosecutor, Tănase JoiŃa; Grigore GhiŃă served less than two years of his sentence when he was pardoned by president Ion Iliescu "on humanitarian grounds and for this act of clemency to lead to the social integration of those who have received it" – Ed.). Arms on African Connection How has the current Minister of Finance ended up in the company of these characters? He met Otto Breuer through Bogdan Ceauşelu, a businessman who controls several trade companies. "How I met THE GUARDIAN ANGEL - UM 0666 151 Mr. Vlădescu is very simple: he is my wife`s former university colleague and we have known each other since before '89," said Ceauşelu. Ever since 1992, he has done business on civilian products with the Romanian Army, and thus entered the circles frequented by retired General Otto Breuer. The latter was well acquainted with Adrian GhiŃă, son of retired General Grigore GhiŃă. Thus they established Boss Exim Trading Group SRL, Ceauşelu having 34 shares and Vlădescu and Breuer 33 shares each. As for Adrian GhiŃă, he was weapons specialist. Africa was the first connection to be opened. "In many countries of North Africa, Romanian military equipment exported some years ago still exist and it needs repairing; therefore, that is what we have focused on", stated Ceauşelu. Illegal Export of Anti-tank Grenades "We have all agreed that we need a specialist in arms exports and so we hired Mr. GhiŃă, especially since he had worked at ROMTEHNICA", said Bogdan Ceauşelu. GhiŃă is indeed an "expert" - but with criminal consequences - on strategic exports. Through his own company, Armexim Grup, that General GhiŃă`s son established in 2001, he exported 52.000 anti-tank grenades from the Bulgarian Arsenal Co. arms factory to Sakr Factory in Egypt. The transaction, worth 650.000 dollars, was made without Adrian GhiŃă holding all ANCEX (National Agency for Export Control) export licenses. Hence, that business has turned into a criminal case. Adrian GhiŃă does not see where the problem is: "We overlooked the fact that we did not have the ANCEX license. But it is a mistake for which I have already 152 MICROSOFT paid for as ANCEX has suspended my export license for three months. I will show in the Prosecutor's Office" also added GhiŃă. Vlădescu Stepped out of the Business Vlădescu has only words of praise about his associates. In a statement made to "Evenimentul zilei”, Vlădescu said that "Bogdan Ceauşelu is a friend and a business partner. Otto Breuer is too. He is a gentleman that I love to talk with. I am sorry that I don`t get to see him too often. He is a man totally dedicated to the Danube-Black Sea Canal and a very good partner". Instead, he dissociated from GhiŃă. "At my suggestion, Mr. GhiŃă was dismissed from Boss Exim Trading Group. He has not done a good job. After that, I have heard rumors that, meanwhile working here, he had also been preoccupied with his own business", added the Minister of Finance. Once he was appointed in the government, he stepped out of the arms-exporting company, conceding his shares to the two remaining partners. Breuer, Connections as Far as Kuwait Otto Breuer is a reserve General, a rank received in early 1990 from Ion Iliescu. In 1991 he retired, but not before making a visit to Kuwait - as an active serviceman and representative of Romania - to help put out the fire at the oil wells. In Kuwait, Breuer has built connections with one of the largest companies in the world, Mohamed Abdulmohsin Kharafi & Sons, with which he set up several limited liability companies in Romania. These were THE GUARDIAN ANGEL - UM 0666 153 unsuccessful business; however, his connections with the Kuwaities were later useful to export steel products through Braco Group, in which Breuer is a shareholder. The former Deputy of the Danube-Black Sea Canal Station has brokered for Kuwait a business project involving tens of millions of dollars to build part of the civilian airport of Sofia, Bulgaria. Annex 5 Dr. Death`s Scams (Article published in ZIUA daily - 2007) Chief Commissioner Adrian Murea, surgeon at "Gerota" hospital of the Ministry of Interior, together with the management of this entity, they have defrauded businessman Dragoş Rişcanu. Public Finance Minister Sebastian Vlădescu is also part of this group of interests. Doctor Adrian Murea from "Professor Dr. Dimitrie Gerota” Emergency Hospital of the Ministry of Interior used the identities of two patients dying of cancer in real estate frauds. Both patients died two weeks after the fraudulent transactions. Also, he has abused his own child and the child`s mother and then stole his father-in-law`s Mercedes. This doctor Mengele of the Interior illegally owns a RA-APPS (Self-governing Department for Administration of the State Heritage and Protocol) apartment as he inherited from his father, Victor Murea (former Minister of Petroleum at the time of the communists, then FSN Deputy and Mayor of Târgu Jiu) a fourroom apartment in Bucharest. Doctor Death has stolen a house from businessman Dragoş Rişcanu, which he had legally purchased. Meanwhile, 156 MICROSOFT Romanian Soft Company SRL, in which the Minister of Finance is also an associate member, has stolen from the same Rişcanu software worth hundreds of thousands of euro. By utmost coincidence, the software is also used “just like that” by the "Gerota" hospital of the Ministry of Administration and Interior, which no longer leaves any doubt that the destruction of the victim has been carefully orchestrated. Colonel Victor Nesterov also played an essential part in this evil scenario at the time when he was head of the judicial investigations within the General Inspectorate of Romanian Police. Property Sold without Knowledge of the Owner Dragoş Rişcanu is owner of OMNIS GROUP SRL, Romania`s first private company, founded in 1990, with the sole object of activity: software development. Six years later it became the first Microsoft Certified Partner in our country, winning various awards in professional competitions. In 1998, Rişcanu buys from Ruxandra-Ioana Huch a property in Bucharest, located on 47 Barbu Delavrancea Street, where Mihail Sadoveanu had lived until his death. He pays for the house 250.000 USD by banking instruments so that there is no doubt concerning the transaction. He provides the tenants with two apartments and a studio, also concluding bailment agreements valid throughout their lives. Furthermore, he pays all maintenance costs and often gives them material support. Towards the end of '98, and with the intention to repair the building, Rişcanu orders a technical expertise that ascertained its high degree of wear. At that time he also learns that the house is on the list THE GUARDIAN ANGEL - UM 0666 157 of memorial houses, and not on that of heritage historical buildings. A series of administrative procedures follow, including a few processes with the Ministry of Culture, but eventually the final decision is given in favor of the owner. In 2003, Rişcanu finds out from his assistant that he can no longer pay the tax on his propery as he has done before because the property on Delavrancea Street had been sold. Dying Seller The surprise turns even bigger when he learns that he had supposedly sold his house through a trustee to none other than surgeon Adrian Murea from “Dr. Gerota” Hospital of the MAI. The transaction had been certified at the notary office of Livia Alexandru, in the presence of Doctor Death and Ştefan Macovei. From this point on, the injured party begins his own investigation. He thus learns that in 2002, while being in the U.S., he had supposedly mandated Macovei to sell his house on Delavrancea Street to doctor Murea. Just that he had not even been in the States that year. Moreover, at the time the scam happened, Macovei - former active employee of the Ministry of Interior - was Doctor Death`s patient. He was suffering of terminal stage cancer, was non-transportable and under continuous administration of morphine. Therefore, it is impossible that he went to the notary office in order to sign those false documents. Obviously, neither Rişcanu, nor Macovei or his family has seen any money from the amount allegedly paid by Murea for the house stolen, seemingly, with legal documents. 158 MICROSOFT "You do not even know who you are messing with" Dragoş Rişcanu contacts the alleged owner, Adrian Murea, to try to understand what it is all about. He replies using a calm and elevated tone of voice and being very self-possessed: "Under normal circumstances it is as you say, but unfortunately you do not even know what world you live in. You will not get this problem solved until you pay. You do not even know who you are messing with". ZIUA reporters have repeatedly contacted Doctor Death to establish a meeting with him. Unfortunately, we have been given only promises and postponements. Given the situation, we have given up on our legitimate approach. It was obvious that Murea is not willing to give explanations. Reward on Favor From the police, the case landed at the Prosecutor's Office within the High Court of Cassation and Justice. Prosecutor Alexandra Mihaela Şinc, who skillfully investigated the criminal activity of Joseph Stark, Livia Alexandru and Adrian Murea, put the first one behind bars and set the other two free. Should someone requested it, the notary could not have been investigated because the Ministry of Justice would have not given its approval in this respect. Concerning Doctor Death, "because so far (19/03/2004 – Ed.) we could not determine his contribution to the crime, I order the severance of the cause under this aspect”, ruled Prosecutor Şinc. The fact that Murea had used the identity of a dying person or that he had bought a house with false THE GUARDIAN ANGEL - UM 0666 159 documents, using a scam, counted little to nothing. She preferred to wash her hands of it. In exchange for this favor, Alexandra Mihaela Şinc, daughter of the spokesman of the Chamber of Notaries Public, was advanced to the Superior Council of Magistracy (CSM) where she is still working today. She is Deputy Director of the Human Resources and Organization Department. Third Attempt Protected by the Police and Prosecutor's Office, Adrian Murea tried to get rid of the house in 47 Delavrancea Street by using a new trick. He fictitiously borrowed from his own mistress, IoanaSimona Dumitrescu, a certain amount of money and, as he did not return it to her, he agreed to be executed by force of the property stolen from Rişcanu. Luckily, the latter found out about it on time and prevented the execution at the last minute. But the gang of criminals did not stop there. Further, after she married and became Mrs. Cristescu, Simona concluded with a businessman from GalaŃi, namely Emil-Alexandru Bălan, a debt assignment agreement for the amount of approximately 215.000 euro, the amount she should have received from Adrian Murea. Bălan would execute by force doctor "MAI" with the house on Delavrancea Street, thus becoming its bona fide owner, and Simona would have supposedly gained 140.000 euro out of this transaction, which is very unlikely. In conclusion, with the help of the accomplices that I have nominated, Dr. Death tries for a third time to dispose of the property stolen from Rişcanu. 160 MICROSOFT Thief Appointed Guardian In the Court reunion of February 21, 2007 the property on Delavrancea Street was placed under judicial sequestration. Furthermore, thief Murea was appointed administrator of the seizure so as to properly safeguard the property; on the other hand, Rişcanu was forced to submit a deposit of 5.000 RON to the court. This happened after almost four years since the real owner has been struggling to regain his property stolen by the white-coated mobster from "Gerota” hospital. Regarding the involvement of Minister Sebastian Vlădescu in the business and the involvement of this MAI hospital unit into the destruction of Dragoş Rişcanu, we are going to discuss them in the following episodes. Judicial Support from the General Inspectorate of Romanian Police On April 1, 2003, swindler Adrian Murea registers the house on his name with the Land Register. Before that date there had been several notable events, the investigators led by Victor Nesterov coming into possession of clear evidence that the transaction had been staged based on utmost forgeries. However, the police did not do anything about it, thus serving Doctor "MAI"`s interests. Based on a warrant issued in 2002, on March 13, 2003 a searched was performed in Joseph Stark`s home. He is a character involved in suspicious property transactions and tried for two and a half years on remand custody. This makes us THE GUARDIAN ANGEL - UM 0666 161 believe that such an extensive operation required months to prepare by the Police. Floppy disks, fake stamps and several sale and purchase agreements with the corresponding documentation - nicely arranged in 19 plastic folders have been found in and confiscated from his home. Among the stamps there was one identical with the one on the power of attorney that Rişcanu has supposedly given to late Macovei in the U.S. Therefore, if Colonel Nesterov wanted to, the document used by Dr. Death could have been proven false even before he registered the house on his name. Furthermore, on March 17, 2003, Stark was called to the General Inspectorate of Romanian Police (IGPR) to give statements, but the investigators questioned him only in connection with some car transactions, persistently avoiding the real estate topic. On March 19, 2003, the Criminal Police Directorate within IGPR demands the U.S. Embassy in Bucharest to provide information regarding the notary act signed in New York between Rişcanu and Macovei. They thus find out that the document is a fake, because "We have not found any public notary named Helen Nielsen in Richmond, New York, because there is no Richmond in New York”. Some time later on, following a graphologic expertise, the Forensic Institute of the IGPR certified that the deceased Ştefan Macovei`s signature on the sale and purchase agreement, allegedly concluded with Dr. Death, had been forged. It must also be noted that, during all that time, the surgeon has never been asked by investigators to make his own statements. 162 MICROSOFT Unquestionably, all this evidence proves that the IGPR team led by Col. Victor Nesterov delayed the investigations on the case so that surgeon Adrian Murea could register the stolen property on Delavrancea Street on his name. "Someone Might Attack Us" At his insistence, on May 27, 2003, Dragoş Rişcanu is admitted to the Criminal Police Department for questioning. He is examined by a panel of six policemen led by Nesterov. At first, the investigators try to make Rişcanu look like the crook in the business and, after that, they start threatening him. Here is what he told us: "Col. Nesterov recommended that I had better stood there, in Switzerland, with my wife and children as in Romania many things can happen - someone might simply attack us someday. He continued threatening that if I did not give them some kind of statement, I would not be allowed to leave the country anymore, although I have dual, Romanian and Swiss, citizenship." For the fact that his family had been threatened, Rişcanu warned Nesterov that he would call the attention of the Western press trusts to write about this fascinating subject. The Head of Criminal Police Department then loosened up and asked him not to do that, because he would solve the problem. After one week, even though he had talked on the phone with the Colonel, Rişcanu learned that Nesterov had suddenly retired. At present, Victor Nesterov - son of Arkadie Nesterov, who came from Russia to Romania to THE GUARDIAN ANGEL - UM 0666 163 organize the Militia - is Deputy Executive Director at Community Police District 1. The injured party showed up at the Police headquarters at 8:00 a.m., following which he made copies for the investigators of the documents that he had. He left the IGPR premises at 4:00 p.m. Sometime later on, he learned from the documents in the case file - and other documents held in Prosecutor`s Offices - that Adrian Murea was examined on the same day. This obviously is a lie. Perhaps the police, to cover their lack of interest in investigating the swindler, or their complicity with him, later on took a statement from him that they backdated. And there is one more thing. Deceased Ştefan Macovei `s family filed a complaint against Dr. Death, who used their relative`s identity to steal a house. Trying to take possession of the medical file of the deceased, the family members learned with astonishment that the documents have disappeared without trace. And that happened, however improbable it may seem, in a hospital of the Ministry of Interior. Piracy within the Ministry of Interior and the Romanian Intelligence Service (Article published in ZIUA – 2007) Two hospitals, of the Ministry of Interior and of the Intelligence Service, have received pirated software free of charge in exchange for the protection of the benefactors. Following the intelligence theft, 50.000 Euros from EU funds have been misappropriated. 164 MICROSOFT Bucharest Emergency hospitals “Professor Dr. Dimitrie Gerota” and “Professor Dr. Agrippa Ionescu” received the HIPOCRATE software free of charge from ROMANIAN SOFT COMPANY (RSC) SRL. The software had been written in a blink of an eye based on a software stolen from OMNIS GROUP SRL.. 20 other hospitals in the area, 3rd district City Hall and several companies have purchased applications ARES.NET, CARE.NET and AMBULANłA, all created based on the same intelligence theft. Despite the protection of the pirates by representatives of the Romanian Office for Copyright (ORDA), the Police, the Prosecutor`s Office and the expert chosen by looks, after more than three years, the Bucharest Court (TB) has ordered the reopening of the criminal proceedings against the perpetrators. It has also abolished prosecutor Nicoleta Bulgaru`s orders, from the Bucharest Court, by which the names of the culprits had been cleared and the deed had been declared nonexistent. European Funds Misuse In February 2003, Dragoş Ştefan Săracu, employee of OMNIS SRL, migrates to RSC SRL and after one month he recruits Irinel Lupei in the new company. They do not leave empty- handed and copy around 5.000 source codes from a technology platform at which many OMNIS specialists had been working since 1990. Based on the ISIS.net system, which had been stolen, the ARES.NET, CARE.NET, AMBULANłA and HIPOCRATE applications have been created and sold preferably to state institutions. In this way they have also justified a 50.000 euroworth PHARE funding, which RSC had received for THE GUARDIAN ANGEL - UM 0666 165 the implementation of three new software products. The company gravely prejudiced with millions of dollars learned about this piracy in November 2004. As was expected, OMNIS took samples of the source code from the RSC website and addressed ORDA. Rather than engage in solving this dirty business, two directors of the institution, Eugen Vasiliu and Adrian Ghimpu, urged the OMNIS representatives to purchase from RSC the applications suspected to be stolen so as to later compare them to ISIS.net system. In late November 2004, the injured party addressed the Ministry of the Administration and Interior, specifically General Marian SăniuŃă, and on December 7th they filed a complaint with the Police, the Prosecutor's Office, ORDA and the General Inspectorate for Communication and Information Technology. Covered Sponsorship On November 12, 2002, a strange sponsorship contract was concluded between RSC SRL and “Professor Dr. Dimitrie Gerota” Foundation (which operates under the umbrella of the Ministry of Interior). The sponsor granted the recipient the exploitation rights on HIPOCRATE computer system free of charge, the system being registered with ORDA only two months earlier. Its value amounted to 178.500 USD, including VAT. Its purpose: "The informational system given as sponsorship is meant for activity and management tracking across the whole hospital (...)."Only that the foundation did not, nor does it have, any hospital, which prooves that, in fact, a scam had been planned. And there is one more thing: the program was not delivered to the 166 MICROSOFT foundation until a few days after Dragoş Săracu had been appointed director of RSC, in February 2003. In June the same year, the IT & C Directorate within the Ministry of Interior informs "Gerota" Hospital that the software "meets the requirements” - a hospital which should have nothing to do with that software since RSC had sponsored the foundation baring the same name and not the hospital. General Berechet Gives his Approval Two days later, things are clarified. “Professor Dr. Dimitrie Gerota” Foundation expresses its intention to donate the HIPOCRATE informational system to”Professor Dr. Dimitrie Gerota” Hospital for free. The hospital`s director, Chief Commissioner Dr. Viorel Roşu (now retired), addresses the General Directorate of Intelligence and Internal Protection of the Ministry of Interior, requesting approval to accept the donation. The approval is granted but not without the knowledge of Police General Superintendent Nicolae Berechet, MAI State Secretary for logistics during the PSD government. Hence, by this maneuver, the stolen software lands with a detour at a unit of the Ministry of Interior. Eight months later, RSC sends a request to "Gerota” Hospital to conclude a maintenance contract for the system received as a gift, the monthly payment being set at 125.900.000 million ROL, including VAT (approximately 3.800 euro). This proves that, in reality, the Foundation has donated to the hospital the monthly obligation to pay RSC hundreds of millions RON. THE GUARDIAN ANGEL - UM 0666 167 In December 2004, OMNIS notifies “Gerota” Hospital to stop using the HIPOCRATE program which has been developed based on the stolen ISIS.net system source codes that belong to them as recorded in the ORDA Register for Computer Programs. After several insistence, the same Chief Commissioner - Viorel Roşu – answers with a lie by stating that “Gerota” Hospital does not employ any of the programs claimed by the copyright owners. Following a similar scenario, but a little earlier, the HIPOCRATE software was also delivered free of charge to “Agrippa Ionescu” SRI Hospital. Proven Theft Under all sorts of pretexts, including the necessity for a warrant issued by the prosecutor, ORDA representatives refuse to make an inspection at RSC to investigate the complaint filed by OMNIS. Instead, chief inspector Adrian Păunescu pays a visit to the pirates, putting them on guard about the complaint filed against them. It is as clear as day that he takes no sample which might incriminate them. At about the same time, policemen Luigi Sima and Marian IoniŃă from the Fraud Investigations enter the scene and ask ORDA for a scientific and technical expertise. This is carried out by the only expert on copyright, Dan Dogaru, his conclusion being that the analyzed software "contains significant parts copied from the ISIS.net program developed by OMNIS GROUP”. Intentionally or not, the expert does not mention also the conclusions regarding the flagrant breach of copyright, thus making the report incomplete and challengeable. 168 MICROSOFT The file reaches prosecutor Nicoleta Bulgaru from the Bucharest Court, who comes from ConstanŃa and is famous for the abusive investigations carried out with Captain Grigore Peşterău. The two have been under criminal investigation for at least four criminal prosecutions for various acts of corruption, the policeman being eventually thrown out of the system. Instead, Bulgaru was appointed prosecutor at the Bucharest Court, which proves that her connections have been more influent than the police captain`s. THE GUARDIAN ANGEL - UM 0666 169 computers experts and chooses no one else but Professor Ştefan Stăncescu, from the Faculty of Electronics, a computer specialist, but not a software specialist. The fact that RSC pays for the expertise tells a lot about this strange choice as the appointed expert is a computer - and not a software - specialist. Consequently, OMNIS legally appoints an experthand, Dumitru Galani, a software specialist and accused Dragoş Ştefan Săracu does the same (by calling a representative of Microsoft – Ed.). Criminal Investigation Reopened Expert Chosen by Looks Following ORDA chief inspector Păunescu`s warning, RSC withdraws from its website the applications created based of the intelligence theft and operates a number of substantial changes on them. Under these circumstances, it was unlikely that notable resemblance would be found after a new expertise, which is usually urgently demanded from the prosecutor handling the case. At the same time, by two orders, Nicoleta Bulgaru acquits the defendants, concluding that there is no software piracy. And, on the top of it, she also draws conclusions on copyright matters on which she is the least competent. But what is even worse is that she rejects the samples taken by OMNIS from the RSC website and opposes their recovery from the beneficiaries who have purchased the stolen programs. Thus, the expertise is conducted on the newly changed data, casually offered by the RSC representatives. Police Superintendent Florin Mincă is required to find an expert. He unlawfully demands a list of all Simultaneously, OMNIS continues to urge the acceptance of the samples taken prior to the amendment of the RSC website and ultimately the prosecutor has no other option but to comply with the law. Only that now a new trick is employed: the prosecutor approves the request of OMNIS before the beginning of the expertise, but three months pass until she communicates it to the representatives of the injured party. Thus, the expertise was carried out on the samples altered by RSC following the warning received from ORDA Inspector Adrian Păunescu. Following that, although expert Galani reaches diametrically opposing conclusions, Professor Stăncescu unlawfully refuses to place in his report Galani`s different opinions on the matter. This being the case, Galani realizes that he has to prepare his own technical expertise report, which he submits to the prosecution file. Moreover, the same Stăncescu draws conclusions about copyright without having any expertise or any quality in this field as the 170 MICROSOFT experts of ORDA are the only ones in Romania who have such prerogatives. On November 27, 2006, following the complaint filed with the Bucharest Court regarding the judicial frame-up instrumented by representatives of ORDA and RSC, prosecutor Bulgaru, policeman Mincă and expert Stăncescu, the court orders the annulment of all orders unlawfully issued by Nicoleta Bulgaru, the reopening of the criminal investigation and an expertise on intellectual property. RSC files an appeal, which is still on trial today. Galani Report After numerous tests, expert Galani reaches the following conclusions: “- It is impossible to identically and 100% reproduce from memory 4.884 lines while maintaining specific elements of the OMNIS GROUP’s own footprint, including the programming and spelling mistakes. (But even so, the legal owner of these code lines is the company, and no its employee – Ed.) - The only way in which the set of programs / functions of the ISIS.net system could be found in RSC applications, 100% identically assumed, is to physically copy them from the OMNIS server on an external support and to transfer them into the RSC applications. - None of the RCS applications recompiled without the set of programs / functions being 100% copied does not work, cannot be accessed and is not visible on the Internet. " THE GUARDIAN ANGEL - UM 0666 171 Arguments In 2001, RSC SRL had only one employee, in 2002 - two employees, while, as compared to the same period, OMNIS had 40, then 45 employees, many of them working on the ISIS.net software since 1990. Under these circumsntances, the so-called honorable achievements of RCS should make even Bill Gates jealous, who would not even dream of such a performance. RCS has repeatedly tried to justify the theft, claiming that, just like OMNIS, it had used Microsoft technology acquired from the Internet. This is a big fat lie. Proof of these allegations is the fact that the intelligence pirates could never exactly name the source, and thus dismiss any charges brought against them. Utmost Coincidence Chief Commissioner Adrian Murea, whom we called Dr. Death, works as a surgeon at the MAI "Gerota" Hospital that has been using pirated software seemingly received as a gift. He is the surgeon who used the identity of two of his dying patients in real estate frauds. One of these supposedly sold him the house on 47 Barbu Delavrancea Street which - incredibly! - belongs to Dragoş Rişcanu, the owner of OMNIS GROUP. As a conclusion, Murea has stolen the property legally bought by him with bank instruments and the hospital uses software that has been stolen from him. Utmost coincidence, both operations took place during the same period of 2003. The second dying patient was used by Dr. Death to sell the house located on 75 Emanoil Porumbaru Street, based on 172 MICROSOFT a forged mandate. For all these facts, but also for many others, Adrian Murea is under DNA criminal investigation. Annex 6 Other executioners of the Romanian People - Tudor Postelnicu, General, Head of the Securitate, Minister of Interior and member of the Central Committee of the Romanian Communist Party become notable due to the suppression in blood of the miners` strike of 1977. For all the crimes committed in the service of the communist regime, he has received only seven years in prison; - Iulian Vlad, Securitate General, sentenced for the atrocities committed during the events in Timişoara in 1989 was sentenced to 25 years in prison, of which he executed less than four in Jilava prison, and was released on December 31, 1993 by a court decision. At the time of the events of December 1989 he was Head of the Secret Police; - Ion Mihai Pacepa, Securitate General, Foreign Intelligence Department Deputy, fled to the U.S. in 1978, where he applied for political asylum; - Alexandru Nicolschi (born Boris Grunberg), Securitate General, fought for the elimination of the elements “hostile” to the communist regime, becoming notable by the annihilation of the group led 174 MICROSOFT by Ana Pauker and the " Piteşti Experiment", by the reeducation of political dissidents through beatings and torture. With the support of NKVD, he led the Mobile Squad up to 1948, after which the structure became the Romanian Securitate; - Vladimir Mazuru (born Wladimir Mazurow), Securitate General, infiltrated by the NKVD into the Ministry of Internal Affairs; - Mihail (Mişu) Dulgheru (born Mişu Dulbergher), a.k.a. "the Emperor", Securitate colonel, he served in the Mobile Squad within the General Directorate of Police, specializing in the deportation of Saxons and Swabians in forced labor camps in the USSR and the annihilation of the antiSoviet resistance. He was the main responsible for the tortures and crimes which occurred in the cellars of the People`s Securitate during its first four years of activity; - Alexandru Drăghici, former Colonel-General, Minister of Interior and of State Security, became notable by the inhumane treatment of the political prisoners and the death sentences ordered with an extreme cynicism. Together with Teohari Georgescu and Iosif RangheŃ, as a public prosecutor working in the Court of the People, he sent to death hundreds of opponents of communism. Because he was president of the Grand National Assembly between 28 December 1949 and 26 January 1950, his portrait is displayed as a sign of tribute on the walls of the Chamber of Deputies, along with other personalities who served as Presidents of the Romanian Parliament; THE GUARDIAN ANGEL - UM 0666 175 - Ion VinŃe (born Janos Vincze), Securitate General and Minister on several occasions; Neagu Cosma, Securitate General, commander of the school in Băneasa, reactivated by Virgil Măgureanu after the establishment of the SRI. - Other not less important torturers of the totalitarian regime in those years: Ady Ladislau (later Alexandru Mureşan), Attorney General Augustin Alexa (a Romanian version of Vîşinski) Emil Bodnăraş (Soviet spy), Liuba Chişinevschi, Iosif Chişinevschi (born Roitman) Vasile Ciolpan, Dumitru Coliu (born Dimităr Colev), col. Gheorghe Crăciun, Ion Dincă, Tamara Dobrin, Teohari Georgescu, Nicolae Moromete, Ana Pauker, Dumitru Popescu, Valter Roman (born Ernö Neuländer), Ion Stănescu (born Silaghi), Ioan ŞoltuŃiu and many others. Annex 7 Heads of the Intelligence Services from 1924 to date - April 12, 1924 to September 13, 1940 - Mihail Moruzov - Head of the Secret Intelligence Service; - November 12, 1940 to August 23, 1944 – Eugen Cristescu – Head of the Secret Intelligence Service; - August 25, 1944 to September 20, 1944 Victor Siminel – Director of SSI (Special Intelligence Service); - September 25, 1944 to December 25, 1944 Ioan Lissievici – General Director of SSI; - December 25, 1944 to March 6, 1945 Gheorghe Săvoiu - General Director of SSI; - March 12, 1945 to July 12, 1945 - Nicolae Stănescu - General Director of SSI; - July 12, 1945 - January 1947 - Lucian Stupinianu - General Director of SSI; - January 1947 - April 1951 - Serghei Nicolau General Director of SSI and between April 1951 March 1954 Head of Foreign Intelligence Directorate A within DGSS (General Directorate of State Security); 178 MICROSOFT - March 1954 - December 16, 1955 - Vasile Vâlcu - Head of the Foreign Intelligence Directorate within DGSS; - December 16, 1955 to July 15, 1959 – Mihai Gavriliuc - Head of Directorate I of the DGSS; - 1959 - 1963 - Nicolae Doicaru - Head of Foreign Intelligence Directorate I within DGSS. 1963 - 1972, Deputy Interior Minister and Head of the General Directorate of Foreign Intelligence within CSS (State Security Council). 1972 - 4 March, 1978, First Deputy Interior Minister and Head of the Foreign Intelligence Department of CSS; - June - October 1978 - Alexandru Dănescu – Head of the DEI within DSS; - October 15, 1978 to April 22, 1980 - Romus Dima - Interior Minister and Head of the CIE (Centre for Foreign Intelligence) of DSS; - April 22, 1980 to November 26, 1984 - Nicolae PleşiŃă - First Deputy Interior Minister and Head of the CIE within the DSS; - 1987 - 1989 - Iulian Vlad - Head of DSS; - December 1, 1984 to January 6, 1990 Aristotel Stamatoiu - Deputy Interior Minister, Head of the CIE within the DSS. Directors of the SRI (Romanian Intelligence Service) - May 26, 1990 to April 25, 1997 - Virgil Măgureanu; - May 30, 1997 - December 2000 - Costin Georgescu; - February 7, 2001 to July 20, 2006 - Alexandru Radu Timofte; THE GUARDIAN ANGEL - UM 0666 179 - July 20 to October 4, 2006 - Florin Coldea (Interim); - October 4, 2006 - present - George Cristian Maior. Directors of the SPP (Protection and Guard Service - former Security Division V, MU 0666) - May 7, 1990 to November 21, 1996 - Major General Dumitru Iliescu; - December 18, 1996 to April 29, 1998 Colonel Nicu Anghel; - May 4, 1998 to January 21, 1999 - General Brigadier (General-Commissioner) Anghel Andreescu; - March 18, 1999 to December 28, 2000 – General-Lieutenant Neculai Stoina; - December 28, 2000 to December 7, 2005 General-Lieutenant Gabriel Naghi; - December 7, 2005 - present - GeneralLieutenant Lucian PahonŃu. Directors of the SIE (Foreign Intelligence Service) - 18 January to 13 December, 1990 – General Mihai Caraman - Deputy Minister of National Defense and December 13, 1990 - April 9, 1992 SIE Director; - April 9, 1992 to July 30, 1997 – General Ioan Talpeş; - July 30, 1997 to February 1, 2001 - Cătălin Harnagea; - February 12, 2001 to July 20, 2005 Gheorghe Fulga; 180 - July 20 to Predoiu; - October 4, Elvis Săftoiu; - March 19 Silviu Predoiu; - December Ungureanu. MICROSOFT October 4, 2006 – General Silviu 2006 to March 19, 2007 - Claudiu TABLE OF CONTENTS to December 5, 2007 - General 5, 2007 - present - Mihai Răzvan PREFACE Last Minute CHAPTER I Illegal Practices by the MICROSOFT Giant ........... 13 The Red Plague of the East................................... 15 A High-Tech terrorist.............................................. 17 What Kind of Stability Are We Talking About? ....... 18 CHAPTER II The Vlădescu Conspiracy ...................................... 21 CHAPTER III Old and New Securitate Members ......................... 29 The New Oligarchy ................................................ 32 The Network of Descendants and Continuators of the Late Regime .................................................... 34 Călin Popescu Tăriceanu....................................... 34 Eugen Nicolaescu .................................................. 35 Sebastian Teodor Gheorghe Vlădescu .................. 37 Agrippa Ionescu..................................................... 42 Ghizela Vass – Bogdan Olteanu............................ 43 Other interesting characters................................... 45 CHAPTER IV A Case Study......................................................... 47 X-Raying the Disappearance of Certain European Funds..................................................................... 50 Jonathan Scheele, a Pontius Pilates, yet Lesser ... 55 182 MICROSOFT CHAPTER V Who Is Handling Romanian Finances.................... 57 Clarifications .......................................................... 58 More Millions of EUR, a Present for the RSC ........ 63 Out Dear and Beloved Justice ............................... 63 MICROSOFT, Protector of the Scam..................... 66 CHAPTER VI Magistrates Failing the Test of Logic and Commonsense....................................................... 69 Judge Costiniu, Better than ORDA Experts ........... 70 CHAPTER VII Reality on the Edge ............................................... 75 Russification of the Romanian Army...................... 76 Pantiuşa, the Assassin Buried with Military Honors 78 PleşiŃă, the Secret Police Brute ............................. 80 Glorious Past as Secret Police Agent .................... 82 Butcher in the Ministry of Interior ........................... 83 Petea, Champion of Political Frame-ups................ 84 THE GUARDIAN ANGEL - UM 0666 183 Ovidiu Soare Network on the Romanian Intelligence Services ............................................................... 110 Prahova Network ................................................. 111 First Mineriad, set by the state............................. 112 CHAPTER XI Securitate Oligarchy Refuses to Surrender.......... 117 "Romania will Remain an Underdeveloped Country" ............................................................................. 118 Communist regime – “Illegitimate and Criminal" .. 120 The Monica Macovei “Trouble” ............................ 121 Death solves all problems — no man, no problem Joseph Stalin ....................................................... 122 Do Europeans even want to fight high level corruption?........................................................... 124 How many Securitate agents per European? ...... 126 A matter of mentality ............................................ 127 Criminals are afflicted people. Assassins are trained people .................................................................. 129 ANNEXES CHAPTER VIII Officers of Death .................................................... 87 General Caraman Decorated by the NKVD ........... 88 SMERSH, the Midwife of the Securitate ................ 90 CHAPTER IX The Odious MU 0666............................................. 95 Securitate is not Dead. Securitate Changes .......... 96 Secret Police Funds for Crime. "Haiducu" Affair .... 97 Training Reliable Agents........................................ 99 CHAPTER X Voicu Network on Justice..................................... 105 Annex 1 Microsoft blacklists............................................... 135 Annex 2 March 31, 2009 – ECIS Report:........................... 137 Annex 3 Minister of Health worked for arms dealer Shimon Naor ..................................................................... 145 Annex 4 Vlădescu, Minister of Finance, Exported Arms to Africa.................................................................... 149 184 MICROSOFT Annex 5 Dr. Death`s Scams .............................................. 155 Piracy within the Ministry of Interior and the Romanian Intelligence Service ............................ 163 Annex 6 Other executioners of the Romanian People ....... 173 Annex 7 Heads of the Intelligence Services from 1924 to date ............................................................................. 177 Dan COSTE – Investigation Reporter Professional experience: 20 yrs investigation journalism, analysis, news. Written media journalist after 1990, Member of the International Federation of Journalists, Founding Member of the Association of Journalists Class ’90. 1990 – main editor “Dreptatea”; 1991 – editor “Romania Libera”; 1992 – editor “Tinerama”; 2002 – special reporter ‘Ziua”; 2008 – chief editor social dept. “UNU”; 2009 – special investigation reporter “Cotidianul”; 2010 – investigation media freelancer. Collaborator and coordinator of “Timpul Capitalei”, “Realitatea Românească”, “Bucureşti”, “SenzaŃii Tari”, “Ea despre Ea”, “Ion Cristoiu şi Max Bănush vă recomandă”, “Curentul”, “Revista culinară”, “Povestiri pentru Acasă”, “Evenimentul zilei”, “România Express”, “Reporter special”, "Incisiv de Prahova”, radio “Tinerama”, "Q Mamagazine", "Ziarul de InvestigaŃii", "AgenŃia de InvestigaŃii Media", etc. Author of more than 60 detective and adventure novels, dozens of educational brochures, “Counterfeiting in Romania” (coordinator, 3 volumes), “The Consumers’ Guide”, “Cursed Flight – Kill in the Name of Allah!” (first book published after 9.11.2001 in Romania), etc. OLAF training in Brussels, February 2007. dan_coste@yahoo.com