—Robert Simels
Drug smuggler Roger Khan was trained in the use of the triangulation equipment found in his possession in 2002 by representatives of the UK company which had manufactured it, and which the Spy Shop in the US had purchased on behalf of the Guyana government, according to Khan’s former lawyer Robert Simels.
The information was revealed in a number of emails from Simels to representatives of the Smyth Myers Communications company which is based in the UK with an office in the US, during the period he represented Khan.
While the government has long since distanced itself from Khan and the spy equipment, Stabroek News has seen an email from Simels to Peter Myers, a representative of the company, dated November 13, 2007, which said that he had been in contact with a Guyana government minister (whose name he provided) and representatives of the Spy Shop in Florida and determined “that your company provided certain triangulation equipment to the Government of Guyana…”
“I represent an individual, Shaheed Khan, a citizen of Guyana who operated the equipment on behalf of the Guyanese Government. We know that [one of your employees] trained my client in the use of the said equipment and need to confirm with [name of the employee].
On its website Smith Myers Communications described itself as a leading supplier of test and measurement equipment to the global cellular industry. “With a long history in the design of specialised devices, the company is well placed to supply the equipment that cellular operators need to enable them to effectively maintain their networks,” the company said.
Simels’ emails to the company representatives were exhibits in a motion he filed in a bid to have the charges of mailing and possession of eavesdropping equipment that were recently filed against him and his former assistant, Arianne Irving, dismissed.
The eavesdropping charges were two of the 14 new charges recently filed against the two lawyers who had represented Khan.
Simels and Irving, who had been charged with witness tampering jointly with Khan, were slapped with the 14 charges in a superseding indictment. Khan had pleaded guilty to this charge, drug trafficking charges as well as the gun-running charge he had faced in Vermont.
Simels and Irving now face one charge of conspiracy to obstruct justice, eight charges of attempting to obstruct justice, one charge of attempted witness tampering, one charge of the importation of eavesdropping equipment, one of possession of such equipment and one charge of bribery, while Simels faces a separate charge of making a false statement.
Training
In another email dated June 30, 2008, Simels told Peters Myers that his company had not fully complied with a subpoena served on them when they submitted to the court an invoice to the Spy Shop for training. The invoice, seen by this newspaper, listed one item, “CSM – Training,” for the sum of US$90,000, which was paid.
The lawyer said that the subpoena had specifically requested any and all documents, email communications, or facsimiles referencing the sale of computer telephone surveillance equipment with serial number 2111/016, manufactured in the UK.
“I would expect from our prior communication you would appreciate that this includes documents showing the sale of the equipment to the Spy Shop, and the travel and related documents for your employees in Guyana in 2002 to train those who were to use the equipment and their interaction, by email and otherwise, with members of the Government of Guyana, including [name of the minister] and Roger Khan.”
Even after several emails to the company representatives the company did not produce the requested documentation, and on July 11, 2008 Simels informed Peter Myers that he would have to file a motion compelling production of the records and the appearance of a witness at the trial even though he was hoping to avoid having to force the company into federal court.
“This is a simple matter – Spy Shop purchased this machine on the authority of the Guyana Government. Your company provided technical support in the training of individuals in Guyana. Providing a simple invoice for training, without any other documentation as to who provided the training, the underlying billing rather than a lump sum figure for travel and lodging accommodations in Guyana, and significantly, the actual invoice for the sale of the triangulation equipment are all within your possession and your company is subject to the subpoena and compliance since you have a US office. We can also use international treaties to enforce, and I will not hesitate to do so, if needed. I have done so a number of years ago with Matrix Churchill and MI 6,” Simels told Peter Myers in the July email.
‘Commercially available’
In his argument to have the eavesdropping charges dismissed, Simels says that discovery provided by the government shows that, at best, he and Irving possessed a collection of what can be described as commercially-available non-offending components that were received and possessed in connection with the defence of a client.
The motion said the charges stemmed from the two defendants’ alleged mailing and possession of computer equipment allegedly used by their client, Shaheed Khan, in Guyana, to intercept and record telephone calls, including calls that would be relevant to his defence. It stated that the government’s discovery has so far shown photographs of two pieces of computer hardware and some cables that were seized from the defendants’ law office, various records reflecting the mailing of six DVDs and an item identified as a ‘Portable Auto Data Processing Mach.’ The discovery also included the email correspondence with representatives of Smith Myers and the invoice for training.
A manual was also part of the discovery provided to the defence, and according to the motion it described the ‘CSM7800 Series’ as “designed for use in modern TDMA or Analog cellular phone networks.” According to the manual, “When used in combination with suitable Direction Finding equipment, the CSM7800 system can be used for Cellular Mobile Phone tracking.”
Simels argues that the section under which they were charged did not provide fair notice to a reasonable person in their position that it prohibited the mailing and possession of the computer hardware seized from their law office.
It was said that the equipment was in fact incapable of interception because it was missing necessary components, and also because it was designed for use on a foreign “TDMA” telephone system unlike modern systems used by the American cellular phone companies.
While Guyana no longer has the TDMA cellular system, in 2002 when Khan was caught with the equipment it was the one form of cellular phone system being used in this country.
Meanwhile, in a letter to Simels’ lawyer, Gerald Shargel, prosecutor Benton J Campbell indicated that the government intended to call Mark Baker, Vice President of Smith Myers, to testify regarding his company’s 7800 series of software and electronic equipment.
“Specifically, I anticipate that Mr Baker will testify that the design of that software and equipment renders it primarily useful for the purpose of the surreptitious interception of wire communications,” Benton said in the letter.
According to the superseding indictment seen by Stabroek News, between September 2007 and October 2007, Simels and Irving, together with others, did knowingly and intentionally send through the mail electronic devices, knowing and having reason to know that the design of such devices rendered them primarily useful for the purpose of the surreptitious interception of wire, oral and electronic communications.
US law enforcement officials allege that between September 2007 and September 2008 the two together with others, knowingly and intentionally possessed electronic devices knowing that they were primarily used for surreptitious interception of wire, oral and electronic communications and that the devices had been sent through the mail and foreign commerce.
Earlier this year, US officials had indicated that the equipment, which was originally seized from Khan at Good Hope in 2002, was recovered from Simels’ New York law offices. However, local police have maintained that they are in possession of the equipment.
Commissioner of Police Henry Greene in the presence of President Bharrat Jagdeo, following Jagdeo’s announcement that the police had the equipment, maintained that his force was in possession of the `spy’ equipment that had been seized from Khan back in 2002.
When asked what the force was going to do with the equipment and why it had not been used to track some of Khan’s former associates, the commissioner who had initially offered “no comment” said it would be “used as evidence.”
President Jagdeo had questioned why the press was not exploring the possibility that there could be two laptops, one which the force had and one which indeed had been shipped to the US.
“How do we know it is the same equipment?” the President had asked, adding “…that point doesn’t seem to be explored in the press, if this guy could have bought one equipment he could have bought several; it could be true he had one which they carried overseas and it may be too that the police has one. What makes you think it is one he had?”
According to court papers seen by Stabroek News, the specialised telephonic equipment allegedly used by Khan was among the items seized from the New York office of Simels during an investigation.
Questions had been raised as to what had happened to the equipment, which members of the Guyana Defence Force’s (GDF) Intelligence Unit had discovered in 2002 in a vehicle Khan and others were in. It has since been alleged that Khan used the equipment to improperly wiretap the calls of various high-ranking officials and others in Guyana in order to maintain his operations.
In an affidavit in support of a search warrant executed on Simels’ office, Drug Enforcement Administration (DEA) officer Cassandra Jackson said the equipment was shipped by the lawyer to his York Avenue, New York office.
She said Simels had planned to use conversations recorded on the equipment during Khan’s trial.
