The Anatomy of Public Corruption

NTSB: Peter and Mona Branagh Cirrus SR22, Springhill Aviation LLC, N86AA: Fatal accident occurred July 14, 2012 in Salina, Utah

.kathryn sreport.com - Peter Branagh

Cirrus SR22, Springhill Aviation LLC, N86AA: Fatal accident occurred July 14, 2012 in Salina, Utah

Aviation Accident Final Report - National Transportation Safety Board:https://app.ntsb.gov/pdf 

Docket And Docket Items -   National Transportation Safety Board:https://dms.ntsb.gov/pubdms

NTSB Identification: WPR12FA305
14 CFR Part 91: General Aviation
Accident occurred Saturday, July 14, 2012 in Salina, UT
Probable Cause Approval Date: 10/30/2014
Aircraft: CIRRUS DESIGN CORP SR22, registration: N86AA
Injuries: 2 Fatal.

NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.

The noninstrument-rated pilot departed on a visual flight rules (VFR) cross-county flight. Recorded radar data indicated that the airplane was in level flight at 13,300 feet mean sea level (msl) during about the last 30 minutes of the flight. The last 2 minutes of the radar data showed the airplane making a slow climbing turn to an altitude of 14,200 feet msl. The last radar returns showed the airplane making a sharper left turn at 13,500 feet msl before radar contact was lost. The accident site was located 1.5 nautical miles southeast of the last radar return at an elevation of 7,928 feet msl. Examination of the accident site revealed that the airplane collided with trees and mountainous terrain in a steep nose-down attitude. A postaccident examination of the airframe and engine revealed no evidence of preimpact mechanical malfunctions or failures that would have precluded normal operation. It could not be determined if the pilot obtained a weather briefing for the flight. The most recent pilot report before the accident indicated cloud bases at 9,000 feet in the accident area. Weather returns depicted light-intensity echoes over the route of flight consistent with reduced visibility in light rain and extensive vertically developed clouds. Therefore, although weather conditions at the departure and destination airports were VFR, available weather information indicates that the accident airplane likely encountered instrument meteorological and mountain obscuration conditions en route. Given the weather conditions in the area and the altitude and course changes made in the few minutes before the accident, it is likely that the pilot became spatially disorientated and subsequently lost airplane control. 

The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
The noninstrument-rated pilot’s continued visual flight into instrument meteorological conditions, which resulted in spatial disorientation and a subsequent loss of airplane control.

HISTORY OF FLIGHT

On July 14, 2012, about 1130 mountain daylight time (MDT), a Cirrus SR22, N86AA, impacted terrain near Salina, Utah. Springhill Aviation LLC., was operating the airplane under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The private pilot and one passenger were fatally injured; the airplane was substantially damaged by impact forces. The local cross-country personal flight departed Concord, California, with a planned destination of Aspen, Colorado. Visual and instrument meteorological conditions prevailed along the route of flight, and a visual flight rules (VFR) flight plan had been filed.

The airplane was the subject of an alert notice (ALNOT) following the loss of radar contact. Local law enforcement and the Civil Air Patrol initiated a search for the airplane. The wreckage was located by personnel from the Sevier County Sheriff's department flying in a civilian provided helicopter at about 1800 MDT, on July 15, 2012.

Radar data obtained for the flight from the Federal Aviation Administration (FAA) was reviewed by the National Transportation Safety Board (NTSB) investigator-in-charge (IIC). The radar track identified the airplane traversing from west to east at a Mode C altitude of 13,700 feet mean sea level (msl). During the last 2 minutes of radar data, the radar target indicated a slow climbing turn to an altitude of 14,200 feet msl. The last radar return was at 11:28:54 MDT, that indicated a sharper left turn at a reported altitude of 13,500 feet msl before radar contact was lost. The accident site was located 1.5 nautical miles (nm) southeast of the last radar return. The field elevation at the accident site was 7,928 feet msl. An Air Traffic Control Study was completed by an air traffic investigator and is attached to the public docket.

PERSONNEL INFORMATION

The 59-year-old pilot held a private pilot certificate with a single engine land rating. He held a third-class medical certificate dated April 25, 2012, with the limitation: must have available glasses for near vision. The medical certificate stated the pilot was 73 inches tall and weighed 245 pounds.

According to the Cirrus corporate flight operations department, the pilot had not received any transition training from Cirrus.

The pilot's logbook was recovered from the accident site. The logbook covered entries from December 28, 2003, through June 26, 2012.

According to the logbook entries, the pilot began his initial flight training in the end of December 2003. The bulk of his private pilot training was conducted in a Cessna 172 with a few lessons in a Cirrus model SR20.

A February 14, 2005, logbook entry showed an instructional flight from Klamath Falls, Oregon, to Redding, California, and the remarks block states "picked up SR22." The registration annotated was for N86AA, the accident airplane. No further flights were listed for N86AA until July 2005, which was after the pilot took his private pilot practical written test.

On June 20, 2005, the pilot took and passed his private pilot practical flight exam in a Cessna 172 with about 211 flight hours logged. After the private pilot's test, two flights are logged in a Cessna 172. Mid July 2005, the pilot started to receive instruction in the accident airplane.

The logbook indicates the pilot had biennial flight reviews in 2007, 2009, 2010, and 2011.

Cirrus Owners Pilot Association (COPA) records show that the pilot attended a COPA Cirrus Pilot Proficiency Program (CPPP) event in Concord, California, in October 2008, as a "ground participant." The pilot's logbook indicates he also attended a COPA CPPP in October 2012, where he did log flight time.

According to the pilot's logbook entries he had accumulated a total flight time of 600 hours, with 484 hours in the accident make and model. The pilot had flown 7.5 hours in the last 90 days, 1.3 in the last 30 days, and zero hours in the last 24 hours.

AIRCRAFT INFORMATION

Cirrus SR22 serial number 1131, registration number, N86AA, received its standard airworthiness certificate on October 19, 2004. The airplane was equipped with: an S-TEC 55X autopilot, TKS anti-icing system, Avidyne Primary Flight Display (PFD) & Multi-Function Display (MFD), dual Garmin GNS430s, engine monitoring, Sky Watch, and XM weather.

According to documents on file, the airplane was purchased new in October 2004, by the pilot directly from Cirrus.

Airframe total time was undetermined.

No airplane records were located at the accident site, and the pilot's family was unable to locate any maintenance records for the airplane.

According to records obtained from Sterling Aviation in Concord, a 100-hr/annual inspection had been completed, and the airplane returned to service on October 27, 2011, with an airframe total time of 588.7 hours.

METEOROLOGICAL CONDITIONS

A staff meteorologist for the NTSB prepared a weather study, which included the following weather for the departure area, route of flight, and destination.

A review of the Mesowest data for remote weather observation equipment indicated several sites within 30 miles of the accident site. Joe's Valley situated at 8,700 feet was the closest weather reporting station. It was located 28 miles north of the accident site, and under similar conditions based on the satellite image reported a temperature of 53 degrees Fahrenheit, dew point of 51 degrees Fahrenheit, a relative humidity of 94%, and indicated reduced visibility and/or a ceiling less than 1,000 feet supporting mountain obscuration conditions. The wind was from the south-southwest at 5 knots.

In-Flight Weather Advisories – The national Weather Service (NWS) had the following advisories current over the region: A Convective Significant Meteorological Information (SIGMET) 54W for an area of embedded thunderstorms in the area immediately south of the accident site moving north at 20 knots with tops to 43,000 feet, and an Airmen's Meteorological Information (AIRMET) for mountain obscuration.

Summary - The observations from Price, Utah (KPUC), indicated multiple layers of clouds and rain showers with VFR conditions, while conditions at Bryce Canyon (KBCE) south of the accident site and at almost the same elevation of Price, reported LIFR conditions due to rain, fog/mist, with ceilings broken to overcast between 200 and 400 feet agl at the time of the accident. Based on conditions at Bryce Canyon ceilings over the accident site may have been at 8,000 feet msl with visibility restricted in rain.

The RAWS site at Joes Valley at 8,700 feet msl did not have a visibility or ceilometer; however, the station reported a 94% relative humidity with a 1-degree temperature-dew point spread, which supported low ceilings and/or visibility in rain/mist. Other RAWS sites in the higher elevation reported similar conditions.

A pilot report at 1138 MDT (1738Z) from a Beechcraft BE35 at 7,500 feet reported 20 miles north of Cedar City, Utah, immediately west of the accident site that the mountains were obscured. Conditions at Bryce Canyon also reported similar conditions with the 200 to 400 feet ceilings. Another report from a Cessna CRJ flying over the Cedar City area reported cloud bases at 9,000 feet with icing conditions between 12,000 and 13,000 feet. Other aircraft reported isolated rain showers in all quadrants, with some producing moderate to heavy precipitation.

The radar and satellite imagery depicted convective clouds over the route and the accident site with tops to 27,500 feet, with conditions very similar to what was observed over Bryce Canyon. The radar imagery from Cedar City (KICX), 0.5-degree base reflectivity image was centered at 22,600 feet and depicted very light intensity echoes over the accident site and implied cumulus congestus clouds capable of producing rain showers and reduced visibility.

The NWS Aviation Weather Center's (AWC) Area Forecast expected scattered clouds at 12,000 feet msl and broken at 15,000 feet with tops to 28,000 feet. The forecast was amended by an AIRMET for mountain obscuration that extended over the route and the accident site.

The Terminal Area Forecast (TAF) for Bryce Canyon available to the pilot at the time of departure indicated a temporary period of Instrument Flight Rules (IFR) conditions in rain showers near the time of the accident. The TAF was amended at 1012 MDT (1612Z) to reflect actual conditions, which was IFR with ceilings broken at 200 feet until 1100 MDT with thunderstorms in the vicinity afterwards. The TAF did not verify actual conditions during the period as IFR conditions prevailed during the entire period. The original forecasts implied VFR conditions would prevail, which did not verify based on observations.

COMMUNICATIONS

The airplane had been in contact with Salt Lake City, Air Route Traffic Control Center (ARTCC) Center on frequency 125.57.

The following transcript was from recorded communications between ATC (ZLC44) and N86AA.

1710:48-ZLC44

NOVEMBER EIGHT SIX ALPHA ALPHA, RADAR CONTACT LOST, SAY ALTITUDE

1710:52-N86AA 

UH, THIRTEEN THOUSAND FIVE HUNDRED

1710:56-ZLC44

NOVEMBER SIX ALPHA ALPHA ROGER UHM, WE WON'T PICK YOU UP FOR A WHILE, RADAR SERVICE IS TERMINATED, SQUAWK V F R, FOR FURTHER FLIGHT FOLLOWING, AS YOU'RE APPROACHING THE UH, CANYON LANDS AREA, YOU CAN TRY DENVER CENTER ON UH, LET'S SEE, IT'LL BE UH, ONE THREE FOUR POINT FIVE AS YOU UH, GET CLOSE TO THE MOAB AREA

1711:19-N86AA

OKAY, ONE THREE, ONE THREE POINT FIVE, RIGHT NOW I'M OVER RICHFIELD, THANK YOU

1711:24-ZLC44

NOVEMBER SIX ALPHA ALPHA ROGER, SQUAWK V F R, RADAR SERVICES TERMINATED, THIRTY-FOUR POINT FIVE AROUND CANYON LAND

1711:29-N86AA

THIRTY-FOUR POINT FIVE, THANK YOU

No further communications with the accident airplane were obtained.

WRECKAGE AND IMPACT INFORMATION

The accident site was located on the northern slope of a ridgeline in the Fishlake National Forest. The debris field was roughly 100 feet wide by 425 feet long running parallel to the crest of the ridge from east to west. The energy path was 263 degrees magnetic.

The first point of impact was a pine tree, which had its trunk broken at approximately 17 feet up. A ground scar was noted 30 feet beyond the broken pine tree, and was approximately 3-to-4 feet wide and 15 feet in length, ending at the crater that contained the engine firewall, and portions of the center console structure; the crater was about 3 feet deep. For the purposes of this report, the crater location was referred to as the "main wreckage, and was located at north 38 degrees, 49.181 minutes latitude and west 111 degrees, 25.948 minutes longitude, at an elevation of 7,928 feet msl.

In the immediate vicinity of the crater were several trees, whose mud spattered trunks faced opposite of the energy path of the accident airplane.

The engine came to rest oriented along a 200-degree magnetic heading. A propeller blade that had separated from the propeller hub, protruded from the crater just prior to the engine. Another propeller blade protruded from the dirt just forward of the engine oriented in the direction of the energy path. When moved by hand the blade felt as though it were still anchored to the propeller hub under the surface of the dirt. Recovery personnel later confirmed the propeller blade remained connected to the propeller hub assembly.

The airplane had fragmented during the accident sequence, with wing skin fragments located 70 feet away from the main wreckage nestled in the trees' limbs. The entire airplane was accounted for, and all damage was attributed to accident forces. The accident field report for this accident is attached to the public docket.

The PFD was present in the debris field. The screen was missing and the case was deformed with portions of the case missing. The internal circuit boards for the PFD were fragmented and separated from the PFD case. The PFD circuit cards were recovered for further examination.

The MFD memory module (compact flash card) was co-located in the debris field with the PFD.

MEDICAL AND PATHOLOGICAL INFORMATION

The Sevier County Coroner completed an autopsy on July 18, 2012. The FAA Civil Aerospace Medical Institute (CAMI), Oklahoma City, Oklahoma, performed toxicological testing of specimens of the pilot.

The cause of death was blunt force injuries as a result of an airplane accident.

Review of all FAA medical certificates and supporting documentation indicated that the pilot reported no significant past medical history and the Airman Medical Examiner (AME) identified no significant issues on physical examination.

Toxicological analysis could not be conducted due to tissue putrefaction. As a result, no determination could be made as to whether tested-for-drugs or ethanol had posed a hazard to flight safety.

Based on available history and physical examinations; the pilot has no known medical issues that would pose a hazard to flight safety.

TESTS AND RESEARCH

On August 14, 2012, the recovered airplane and engine were examined at Air Transport Inc., Phoenix, Arizona, by the investigation team and the reports are included in the accident docket.

The airframe and engine were examined with no mechanical anomalies identified that would have precluded normal operations.

The PFD and MFD were shipped to the NTSB Vehicle Recorders Laboratory for further examination. The Vehicle Recorders specialists reported that circuit cards were the correct cards but the chips containing data were not present on the boards. No data was recovered from any of the recovered components.

 http://registry.faa.gov/N86AA
  
 NTSB Identification: WPR12FA305 
14 CFR Part 91: General Aviation
Accident occurred Saturday, July 14, 2012 in Salina, UT
Aircraft: CIRRUS DESIGN CORP SR22, registration: N86AA
Injuries: 2 Fatal.

This is preliminary information, subject to change, and may contain errors. Any errors in this report will be corrected when the final report has been completed. NTSB investigators either traveled in support of this investigation or conducted a significant amount of investigative work without any travel, and used data obtained from various sources to prepare this aircraft accident report.

On July 14, 2012, about 1130 mountain daylight time (MDT), a Cirrus Design Corp SR22, N86AA, impacted terrain near Salina, Utah. Springhill Aviation LLC, was operating the airplane under the provisions of 14 Code of Federal Regulations (CFR) Part 91. The private pilot and one passenger were fatally injured; the airplane sustained substantial damage from impact forces. The local cross-country personal flight departed Concord, California, with a planned destination of Aspen, Colorado. Visual and instrument meteorological conditions prevailed along the route of flight, and no flight plan had been filed.

The airplane was a subject of an ALNOT following the loss of radar contact. Local law enforcement and the Civil Air Patrol initiated a search for the airplane. The airplane was located by personnel from the Sevier County Sheriff’s department flying in a civilian provided helicopter about 1800, on July 15, 2012.

The radar track for the flight was reviewed by the National Transportation Safety Board investigator-in-charge (IIC). It indicated that while traversing from west to east at a Mode C reported altitude of 13,700 feet mean sea level (msl), and during the last 2 minutes of recoded radar data, the target climbed to an altitude of 14,200 feet msl. The last radar return was at 11:28:54, at 13,500 feet msl. The accident site was located 1.5 nautical miles (nm) southeast of the last radar return.

The preliminary review of weather in the area of the accident indicated that the cloud base was at 9,000 feet msl, and the cloud top was at 27,000 feet msl with light rain.

Investigators examined the wreckage at the accident scene. The accident site was located on the northern slope of a ridgeline in the Fish Lake National Forest. The debris field was roughly 100 feet wide by 425 feet long running parallel to the crest of the ridge from east to west, with a debris path along a 263-degree magnetic heading. The first point of impact was a pine tree; the trunk was broken approximately 17 feet from the base of the tree. A ground scar was noted 30 feet beyond the broken pine tree. The ground scar was roughly 3-4 feet wide and continued for 15 feet ending in a crater that was approximately 2 to 3 feet deep with the engine, firewall, and some of the center console structure buried at the end of the crater.

The accident site was documented and the airplane and engine were recovered for further examination.
 

  
Peter and Mona Branagh were flying their single engine craft to Aspen when it struck mountainside 

Memorial services will be held in Danville Saturday for East Bay developer Peter Branagh and his wife Mona who were killed when the small plane they were flying crashed into a mountainside in southern Utah.

Nr. Branagh was president of Branagh Development, a well-known development firm with with extensive interests in Pleasanton's downtown and residential communities. Mrs. Branagh owned and operated Pacific Bay Interior in Danville.

Both were members of the California Bank of Commerce's founding group where Mr . Branagh was also a director.

The couple, who lived Lafayette, was traveling in a single engine Cirrus SR22 from a stop in Utah to Aspen, Colo. when the plane crashed into a mountainside north of I-70 about 27 miles southeast of Salina, Utah. Sevier County (Utah) Sheriff Nathan Curtis, who went to the site Tuesday, told the Salt Lake Tribune that based on some of the electronic devices that he found, the couple was flying at 14,000 feet before the plane plummeted down into the mountain.

Partnering with Craig Semmelmeyer, president of Main Street Property Services, Inc. in Lafayette, Peter Branagh was involved in the development of the building at Angela and Main Street in Pleasanton that is home to Tully's Coffee Shop and the more recent renovation of the 234 Main Street building, where Fleet Feet sports specialty store is located and eventually a restaurant will be added. Branagh's company also built homes in Ruby Hill.

Saturday's memorial service wil be held starting at 1 p.m. Saturday at the Community Presbyterian Church, 222 W. El Pintado Road in Danville.

LAFAYETTE -- A well-known local developer and his wife died in a private plane crash over the weekend in the mountains of central Utah, officials said. 

 California Bank of Commerce Director Peter Branagh and his wife Mona were flying in a small plane from Danville to Aspen, Colo., on Saturday, but never arrived, prompting family members to call authorities.

A private helicopter crew hired by the family finally found wreckage believed to be from the plane Sunday in a remote canyon of Sevier County, Utah, according to Sheriff Nathan Curtis.

The area is an isolated patch of mountain desert, more than 20 miles from the nearest town. Investigators were still looking into the details of the crash Monday.

An e-mail from Peter Branagh's firm, Branagh Development, confirmed Monday the couple had died.

The company will close its doors until Thursday, the e-mail said, adding, "Please bear with us as we mourn the tragic loss of Peter and Mona Branagh, who passed away this weekend in an airplane crash."

The couple were Lafayette residents for many years and Peter Branagh helped beautify and improve the community through developments, Lafayette City Manager Steven Falk said Monday.

Branagh and his firm were responsible for numerous projects throughout the city, perhaps most notably the Hidden Oaks housing development near Condit Road, Falk said. Completed about five years ago, it includes more than 20 new high-end homes, he said.

"It  is just an absolutely gorgeous project," Falk said. "When we started, this was a piece of raw land, and rather than cut all the trees down and build as many houses as possible, Peter insisted on preserving all the mature oaks around the houses. That attention to detail and sensitivity for the environment distinguished Peter as a developer."

Falk said he'd worked with Branagh for about a decade on numerous projects.

"I think it's just a giant loss for our community," he said.

Members of the Branagh family could not immediately be reached, and California Bank of Commerce officials declined to comment. 

RICHFIELD — The wreckage of a plane believed to have been carrying a couple from Northern California to Aspen, Colo., is being recovered in Sevier County. 

Family members started calling authorities for signs of the overdue plane on Saturday night, hoping the couple had made an emergency landing somewhere, according to the Sevier County Sheriff's Office.

Radar indicated the last place the aircraft was tracked was near the borders of Sevier, Emery and Sanpete counties. In addition to a search from the Civil Air Patrol, family members got a private helicopter and assisted in the search themselves.

The helicopter located a "debris field" Monday in a rugged area in Saleretus Canyon, sheriff's deputies said. The National Transportation Safety Board and the Federal Aviation Administration were assisting in the recovery and investigative effort.

There were no reports of survivors. The names of the people traveling were not immediately released.

If the pilot and passenger are confirmed as being killed in the crash, it would mark the 14th and 15th people killed in plane crashes in Utah this year. Eleven people were killed in plane crashes in Utah in all of 2011, according to the NTSB.

A Lafayette couple died when their small plane crashed in Utah over the weekend, friends and authorities said Monday.

Local home developer Peter Branagh, 59, and his wife, interior designer Ramona Branagh, 57, died when their Cirrus SR22 crashed in a remote canyon near Richfield, Utah, on Saturday. The couple had been heading for Aspen, Colo.

Family members became worried after the couple failed to arrive in Aspen, said Sheriff Nathan Curtis of Sevier County, Utah.

"Family started calling for assistance on Saturday evening to help see if the plane had landed at unmanned airports in the area," Curtis said. "It was hoped they had some mechanical problems and landed somewhere off radar."

Private helicopters hired by the family found the crashed plane.

The couple's plane, built in 2004, had no record of problems, according to federal aviation databases. The cause of the crash is under investigation by the National Transportation Safety Board.

"This is a gigantic loss for the Lafayette community," City Manager Steve Falk said Monday. "The thing that distinguished the many conversations I had with Peter over the years was that we would talk almost constantly about quality. That was always his first concern, and that made him different than many, if not most, developers."

Peter Branagh was a director of the California Bank of Commerce in Lafayette and was president of Branagh Development in Danville.

He and his wife, known as Mona, owned Pacific Bay Interiors at the White House, a design business in Danville.

The design store's website said the couple "fell in love with the architecture and style of colonial Williamsburg" while visiting the East Coast. "Their vision was to bring the classic East Coast style to the West."
RICHFIELD, Utah – A single-engine plane crashed in Sevier County killing two people. 

A Cirrus SR22 single-engine plane crashed in mountainous terrain under unknown circumstances, Allen Kenitzer with the FAA said.

On Saturday, the Sevier County Sheriff’s Office received a call when a party traveling from California to Aspen, Colo. failed to arrive.

Sheriff Nathan Curtis said they believe the missing party was on the crashed plane. The identities of the victims are not being released at this time.

The NTSB and FAA are investigating the accident to determine a cause of the crash.
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Ravenel Enterprises Inc.

Contact Information
Ravenel Enterprises Inc.
11501 Dublin Blvd
Dublin, CA 94568
Contact: Robert C Lalonde
Title: President
Phone: (925) 482-0606
Website:
Business Description
Ravenel Enterprises is located in Dublin, California. This organization primarily operates in the Custom Computer Programming Services business / industry within the Business Services sector. This organization has been operating for approximately 11 years. Ravenel Enterprises is estimated to generate $1.9 million in annual revenues, and employs approximately 6 people at this single location.


Known Addresses
 
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Who needs malware? IBM says most hackers just PowerShell through boxes now, leaving little in the way of footprints

Who needs malware? IBM says most hackers just PowerShell through boxes now, leaving little in the way of footprints

Direct-to-memory attacks now account for 57 per cent of hacks, apparently

powershell
A company's internal network, once compromised, is now more likely to be ransacked by automated scripts than a piece of malware.
This according to researchers with IBM's X-Force, who found that in 2018 just 43 per cent of the attacks it analyzed utilized any sort of locally installed files. Rather, the hackers utilized PowerShell scripts to execute their dirty deeds in memory without significantly touching file systems, if at all.
This finding is important because it is another reminder that admins can no longer solely rely on specific file signatures or similar as evidence of a cyber-intrusion. As with local malware infections, the attacker first needs to get the ability to run malicious commands. What differs is the next step, as the miscreant does not direct the infected Windows machine to download, save, and execute a trojan payload.
Rather, the attack runs entirely as commands using PowerShell, where Microsoft's powerful scripting language can be used to do anything from harvest and steal passwords to mine cryptocurrency.
"PowerShell is useful in data collection and analysis, but it is also favored by malicious actors who use it to forego the file system and inject malicious code directly into memory, thus enhancing obfuscation, and often evading security controls designed to detect malware deployments," the IBM report reads.
Failure

Windows 10 security question: How do miscreants use these for post-hack persistence?

READ MORE
"Threat actors of all skill levels have expanded their capabilities using PowerShell over the last few years. IBM X-Force IRIS has seen cases wherein complete malicious toolkits were contained within PowerShell scripts."
In some cases, crooks wouldn't even need to run a super-leet exploit to steal corporate data. The X-Force report notes that misconfiguration incidents – instances where databases and storage buckets were left exposed to the public-facing internet – were also up 20 per cent from last year and accounted for 43 per cent of all of the exposed records X-Force tracked last year.
In addition to the exposed files and records themselves, misconfigurations could also indirectly lead to other attacks when things like passwords and email addresses are involved and used to login to other accounts on other services to carry out further mischief.
Finally, the report found, the tried and true social engineering attack remains as effective as it has ever been.
Last year, IBM found that 29 per cent of the attacks it analyzed were phishing attacks, and 45 per cent of those were targeted attacks on specific employees, something X-Force terms the business email compromise.
"When it comes to the most lucrative types of social engineering scams, BEC has been a growing tide for several years spanning all industries and geographies," notes X-Force.
It seems that, despite the various methods for sophisticated attacks, a bogus "CEO" email demanding a wire transfer is still a foolproof way to con a company out of cash. ®
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Rule 5-110 Special Responsibilities of a Prosecutor

Rule 5-110 Special Responsibilities of a Prosecutor

Current Rules

Rules of Professional Conduct

Rule 5-110 Special Responsibilities of a Prosecutor

(Rule approved by the Supreme Court, effective Nov. 2, 2017)
The prosecutor in a criminal case shall:
(A) Not institute or continue to prosecute a charge that the prosecutor knows is not supported by probable cause;

(B) Make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel;
(C) Not seek to obtain from an unrepresented accused a waiver of important pretrial rights unless the tribunal has approved the appearance of the accused in propria persona;
(D) Make timely disclosure to the defense of all evidence or information known to the prosecutor that the prosecutor knows or reasonably should know tends to negate the guilt of the accused, mitigate the offense, or mitigate the sentence, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and
(E) Exercise reasonable care to prevent persons under the supervision or direction of the prosecutor, including investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under rule 5-120.
(F) When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a convicted defendant did not commit an offense of which the defendant was convicted, the prosecutor shall:
(1) Promptly disclose that evidence to an appropriate court or authority, and
(2) If the conviction was obtained in the prosecutor’s jurisdiction,
(a) Promptly disclose that evidence to the defendant unless a court authorizes delay, and
(b) Undertake further investigation, or make reasonable efforts to cause an investigation, to determine whether the defendant was convicted of an offense that the defendant did not commit.
(G) When a prosecutor knows of clear and convincing evidence establishing that a defendant in the prosecutor’s jurisdiction was convicted of an offense that the defendant did not commit, the prosecutor shall seek to remedy the conviction.
Discussion:
[1] A prosecutor has the responsibility of a minister of justice and not simply that of an advocate. This responsibility carries with it specific obligations to see that the defendant is accorded procedural justice, that guilt is decided upon the basis of sufficient evidence, and that special precautions are taken to prevent and to rectify the conviction of innocent persons. Rule 5-110 is intended to achieve those results. All lawyers in government service remain bound by rules 3-200 and 5-220.
[2] Paragraph (C) does not forbid the lawful questioning of an uncharged suspect who has knowingly waived the right to counsel and the right to remain silent. Paragraph (C) also does not forbid prosecutors from seeking from an unrepresented accused a reasonable waiver of time for initial appearance or preliminary hearing as a means of facilitating the accused’s voluntary cooperation in an ongoing law enforcement investigation.
[3] The disclosure obligations in paragraph (D) are not limited to evidence or information that is material as defined by Brady v. Maryland (1963) 373 U.S. 83 [83 S. Ct. 1194] and its progeny. For example, these obligations include, at a minimum, the duty to disclose impeachment evidence or information that a prosecutor knows or reasonably should know casts significant doubt on the accuracy or admissibility of witness testimony on which the prosecution intends to rely. Paragraph (D) does not require disclosure of information protected from disclosure by federal or California laws and rules, as interpreted by case law or court orders. Nothing in this rule is intended to be applied in a manner inconsistent with statutory and constitutional provisions governing discovery in California courts. A disclosure’s timeliness will vary with the circumstances, and paragraph (D) is not intended to impose timing requirements different from those established by statutes, procedural rules, court orders, and case law interpreting those authorities and the California and federal constitutions.
[4] The exception in paragraph (D) recognizes that a prosecutor may seek an appropriate protective order from the tribunal if disclosure of information to the defense could result in substantial harm to an individual or to the public interest.
[5] Paragraph (E) supplements rule 5-120, which prohibits extrajudicial statements that have a substantial likelihood of prejudicing an adjudicatory proceeding. Paragraph (E) is not intended to restrict the statements which a prosecutor may make which comply with rule 5-120(B) or 5-120(C).
[6] Prosecutors have a duty to supervise the work of subordinate lawyers and nonlawyer employees or agents. (See rule 3-110, Discussion.) Ordinarily, the reasonable care standard of paragraph (E) will be satisfied if the prosecutor issues the appropriate cautions to law enforcement personnel and other relevant individuals.
[7] When a prosecutor knows of new, credible and material evidence creating a reasonable likelihood that a person outside the prosecutor’s jurisdiction was convicted of a crime that the person did not commit, paragraph (F) requires prompt disclosure to the court or other appropriate authority, such as the chief prosecutor of the jurisdiction where the conviction occurred. If the conviction was obtained in the prosecutor’s jurisdiction, paragraph (F) requires the prosecutor to examine the evidence and undertake further investigation to determine whether the defendant is in fact innocent or make reasonable efforts to cause another appropriate authority to undertake the necessary investigation, and to promptly disclose the evidence to the court and, absent court authorized delay, to the defendant. Disclosure to a represented defendant must be made through the defendant’s counsel, and, in the case of an unrepresented defendant, would ordinarily be accompanied by a request to a court for the appointment of counsel to assist the defendant in taking such legal measures as may be appropriate. (See rule 2-100.)
[8] Under paragraph (G), once the prosecutor knows of clear and convincing evidence that the defendant was convicted of an offense that the defendant did not commit, the prosecutor must seek to remedy the conviction. Depending upon the circumstances, steps to remedy the conviction could include disclosure of the evidence to the defendant, requesting that the court appoint counsel for an unrepresented indigent defendant and, where appropriate, notifying the court that the prosecutor has knowledge that the defendant did not commit the offense of which the defendant was convicted.
[9] A prosecutor’s independent judgment, made in good faith, that the new evidence is not of such nature as to trigger the obligations of sections (F) and (G), though subsequently determined to have been erroneous, does not constitute a violation of rule 5-110. (Amended by order of Supreme Court, operative Nov. 2, 2017.)
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A former Pittsburg police lieutenant has filed a lawsuit against the department

PITTSBURG (KRON) -- A former Pittsburg police lieutenant has filed a lawsuit against the department and the city, claiming that he faced retaliation for being a whistleblower.
On Tuesday, KRON4 spoke with the officer's attorney.
Wade Derby is no longer with the Pittsburg Police Department. He is working in Sacramento now.
But Derby said he was kind of pushed out of Pittsburg for calling attention to the way the department reported some of the crime statistics. KRON4 spoke with attorney Dan Horowitz, who represents Derby in the suit.
Horowitz said Derby noticed several crimes, mostly against minorities and poor people, that the department was classifying as "suspicious circumstances," so that their crime stats would look better than they really were.
The suit alleges one was even a violent stabbing, and it was listed as a "suspicious circumstance," until the victim later died and the department allegedly reclassified it as a homicide.
Meanwhile, Horowitz said his client was given embarrassing assignments just for calling the department out and was eventually forced to resign, the suit says.
"So, what he had was a great reputation as a terrific street cop, and the community, and the people loved him, but within the department, he was a pariah because he was violating the code of silence," Horowitz said.
As of now, the police department isn't making on-camera statements because it is a very fresh lawsuit filed on Monday. But KRON4 has received a statement from Pittsburg Police Chief Brian Addington.
Addington said he and the city are aware of the lawsuit, and he adamantly denies the allegations.
Here is the full statement from Addington:
The City is aware of the lawsuit filed by former officer Wade Derby, and the City and I adamantly deny the allegations. As Mr. Derby's complaint states, he resigned after investigations into allegations of sexual harassment against him. Neither the City nor I in any way retaliated against Mr. Derby, and his Complaint contains numerous false allegations. The City and I look forward to defending the lawsuit and demonstrating the frivolous nature of the allegations.
Addington also said the department never retaliated against Derby and that Derby left because there were sexual harassment allegations against him.
KRON4's Vince Cestone contributed to this report.
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The Unarmed Constituent sons are kidnapped by Walnut Creek Police and DA Mark Peterson

Pittsburg Officer Keeler was Sgt. Keeler of Pittsburg

The tale of history was invisible to Pete Bennett who handed over his son to a Walnut Creek Police Officer on July 5th, 2011.  Then his other son taken via yet another police incident on the way to God's place known as Hillside Covenant Church.

In 1988, a close friend was murdered employed the Safeway on Railroad Ave in Pittsburg CA.   Little did anyone know but several years later Officer Eric Bergen and Sgt. George Elsie would arrested for that murder in March 1988.

These events also occurred during the litigation in the Matter of Bennett v. Southern Pacific Transportation Corporation.   Bennett filed suit in October 1987 when his fledgling cabinet and millwork operation endured a long list of setbacks.
The Unarmed Constituent Series



Sgt. Keeler of Pittsburg and Meyers Nave

HUPPERT v. CITY OF PITTSBURG - Meyers Nave Riback Silver & Wilson and Officer Keeler the kidnapper
HUPPERT v. CITY OF PITTSBURG United States Court of Appeals,Ninth Circuit. Ron HUPPERT;  Javier Salgado, Plaintiffs-Appellants, v. CITY OF PITTSBURG;  Aaron Baker;  William Zbacnik;  Michael Barbanica;  William Brian Addington;  Wayne Derby,...


Inspector Raymond Giacomelli was shot and killed while conducting a murder investigation. ... Inspector Giacomelli's body was found inside the home by another inspector who had arranged to meet him at the scene. ... Inspector Giacomelli had been a member of the Pittsburg Police Department 

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