Emails, Lies and Cover-ups

 

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To: Editor Rockland Voice
From: Julie D. Globus – Sabharwal, Globus & Lim LLP
Subject: Emails, Lies and Cover-ups.  Protectionism and Abuse of Power at its Worst

How far will Trustee Carlucci and the Condor’s Figurehead President go to Protect the Condors? How Far Will the Board of Education go to Protect Trustee Carlucci?

In 2015, the Board of Education of Clarkstown reprimanded Trustee Conti for sending a single CCSD confidential email to his personal account. In 2012, Trustee Carlucci accused a coach and a parent of downloading 10,000 emails. The incident was swept under the carpet. Why?

On March 30, 2015, it was “determined that Trustee Chris Conti forwarded [a parent’s] message to his personal email account minutes after he’d received it at his board email account,” a quote from an article written by Mareesa Nicosia on March 28, 2015. According to Ms. Nicosia’s article, the parent said: “I am really utterly shocked at the brazenness of this breach of confidentiality.”

Would parents of CCSD be equally as outraged to learn that 3 years earlier, in April of 2012, their children’s files were unprotected, unencrypted and accessible by numerous persons, employees of the Condors Swim Club and the Robert Alan Agency?

On April 16, 2015, Trustee Carlucci’s son, the figurehead president of the Condors sent out a letter to Condors’ parents, intended to discredit me, slander my husband and destroy a coach’s good name, all in an effort to protect his swimming empire. In that letter, on page 5 under a heading entitled Transitioning Head Coaches, J.P. Carlucci describes the Carluccis’ version of the events surrounding a series of downloaded emails. It should be noted that court filings and a police incident report belie J.P. Carlucci’s characterization of events. Moreover, several computer analysts question whether there were indeed any emails.

For the purpose of this article and for no other purpose, I will take J.P. Carlucci’s letter to his Condors’ parents as authoritative doctrine.

J.P. Carlucci fully admits, in his lengthy creative description of events, that there were thousands of emails which were freely accessible to coaches and employees of J.P. Carlucci and Robert Alan Carlucci all of whom had free unfettered access to those computer files. J.P. Carlucci unequivocally states that over 10,000 CCSD School Board communications were breached, a situation reported to the Board of Education and its attorney. No action was ever taken by the Board of Education to question the integrity of Trustee Carlucci’s computer system and the breach of confidentiality.

Most important to my point are two sentences (again strenuously denied but taken as doctrine for the purposes of this letter):

1) “My father’s PST file (which is an email storage file) held over 10, 000 of his confidential business and personal emails.”

2) “He [the Coach who was actually Plaintiff in the case] also asserted a claim for defamation, alleging in substance, that a report to the School Board and School Superintendent that the PST file containing School Board communications had been downloaded without authorization was a false report.”

If J.P. Carlucci’s letter to Condors’ parents is taken as authoritative, under the Family Educational Rights and Privacy Act (FERPA), CCSD parents should have been notified of the breach at the time. They were, and I believe still are, entitled to a full inquiry into the content of those emails. Assuming the truth and validity of J.P. Carlucci’s claims (though strenuously disputed) every child’s right to privacy was breached, not only on the date of the alleged download of those files, but each and every time an employee of the Carluccis logged onto that computer. The computer files were not protected. They were accessible by numerous employees. They were not encrypted. They were located on a “C” drive, which is the local drive (and the drive where the Coach’s personal workout plans and training information was located).

Did you ever hear anything about these accessible CCSD student files? Are we, Clarkstown parents, entitled to at least the same level of inquiry as was the parent whose opinions made the news and are quoted above?

The Board of Education at the time swept the entire incident under the carpet. Since J.P. Carlucci’s letter to Condors’ parents circulated, I have made several requests of the Board of Education for a full and complete inquiry into the content of those emails. I included in my demands to the BOE previous Board of Education members and the previous Superintendent of Schools (who reigned at the time) and I have received no response.

Are they protecting Trustee Carlucci? Were they then? Trustee Carlucci’s son has made what, if taken as truth, are admissions of a breach. Are we not entitled to full disclosure? Are we not entitled to a full investigation?

I will end with a few final points of clarification: The case was filed in federal court because it was a breach of contract and defamation case (which jurisdiction is Federal). There is no magic to it having been a “Federal Case”. The Plaintiff was the coach and Trustee Carlucci; the Condors and J.P. Carlucci were the Defendants. At the time a full analysis was conducted by several computer analysts and there were differing opinions as to whether the file was really a file. That information is publicly accessible in the court filings and not open to interpretation. Initially, allegations were made that the files were Robert Alan Agency files. To my knowledge, no report was ever filed with the insurance governing body which should have been notified of a breach of confidential files of clients of the Robert Alan Agency. I am still investigating this point. If there were no such files, Robert A. Carlucci is guilty of perjuring himself. If there were files, he is guilty of significant breaches of security, confidentiality and his fiduciary duty, in the context of the Condors Swim Club, the Robert Alan Agency and the CCSD Board of Education. His lack of computer security is indefensible. The Coach involved worked for the Condors and was well within his legal and contractual rights to keep his personal lesson plans, files, and correspondences and was also within his legal rights to enter the Condors’ offices alone or accompanied. Both the CCSD incident report and the court supported this position. There are, indeed, as a member of our community stated “two sides to every story.”

No matter how you look at it though, taking J.P. Carlucci’s letter as truth, the CCSD community is entitled to full disclosure.

Sincerely,

Julie D. Globus
Sabharwal, Globus & Lim LLP
Telephone: (845) 634-2250
Email: julie@sgl-law.com

[Rockland Voice does not take any editorial position on the matters raised in this letter.]

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  • Fred Fredburger

    As your accuracy when it comes to reporting facts and drawing conclusions based on your three year investigation have proven to be limited at best, I think it would be helpful if you are able to provide some source material. Can you post the “court filings and a police incident report belie J.P. Carlucci’s characterization of events”? Are you also able to post the “full analysis was conducted by several computer analysts and there were differing opinions as to whether the file was really a file”? Can you post the source information showing “several computer analysts question whether there were indeed any emails”?

    I have an analogy. I’m sure you will tell me why they aren’t relevant. Let’s say you were at a restaurant and someone who sat at the table before you left their wallet in the seat. Would it be OK to take any money in the wallet? Even further, it the person who left the wallet had a USB drive in it, would it be OK for the person that found the wallet to access the documents on the thumb drive and copy them? After all, the person didn’t protect their wallet adequately.

    I would agree that the coach had every right to be at the office on Easter Sunday and even that if he wanted to bring a friend, so be it. However, do you think it is appropriate for your husband who was simply a parent and friend of the coach to be given access to the coach’s work computer? That would be akin to you allowing one of your law clients access to your computer system and telling them to enjoy.

    You seem to obsess over the fact that this archive file was on the computer’s c: drive that could be seen by anyone using the computer, yet interestingly enough, the only people that seem to be accused of copying the file are the coach and/or your husband. Can you confirm that on Easter Sunday 2012, the security settings of the coach’s computer were looked at by the coach or your husband, or whoever else may or may not have been with them? Another question, did the coach originally report either in the police incident report or any affidavit that he was alone in the office on Easter Sunday and then have to change his story?

    A couple of other basic questions relating to the court case. Did the judge issue an order requiring the return of the archived email file in question that both the coach and your husband had in their possession? Did the judge forbid the viewing, copying, etc. of the file? Do you know the name of the file? I believe it was something like robert.pst. Is that correct? Would there be a Condor’s business reason why the coach or anyone associated with the coach would ever need a file with that name? As someone clearly had the technological sophistication to enter into security settings on a computer, I would surmise that they would probably know that a .pst file was. Did the judge also forbid the use of an email list that the former Condor’s coach obtained perhaps with help from others, including you?

    These are just a couple of questions that I wasn’t going to ask, but since you brought it up. There is certainly a lot of history here and once again you elect to pick and choose idbits without presenting the facts in an honest and complete way.

    • Julie D. Globus

      Thank you, Fred. I could have bet the farm that either you or Clarkstown Dad would come on and I almost could have scripted it. Point made. Until the BOE addresses the fact that there was potentially 10,000 FERPTA violations and/or 10,000 HIPAA violations and/or our the Carlucci boys admit that the entire file was a lie, there is nothing left that is necessary to say or address. You made my point.

      • Fred Fredburger

        Well then, I am glad I didn’t disappoint.
        Just to make sure I understand the point you are trying to make, are you saying that Trustee Carlucci has either committed perjury (because the file never existed) or FERPTA and/or HIPAA violations (I don’t think the BOE generally concerns themselves with an insurance company’s HIPAA obligations) because the head coach and/our your husband copied this file from the coach’s work computer for which a judge issued an order forbidding the viewing of the file. Shouldn’t that be enough to protect those that may be affected?
        I am assuming you are choosing not to answer any of the other questions. That is certainly your perogative. It always amazes me that you think your points are proven correct when you haven’t made any.

        • Julie Globus

          Hamburger helper, you are there to help… Too busy with the other posts. You see, sir: either the file did not exist. In which case, the story was made up nonsense and his reports to the BOE were misrepresentations, he lied under oath, etc. etc.; or – the file did exist and it was full of kids’ personal information, health files, social security numbers, superintendent information, etc in which case, under FERPTA the BOE had an obligation and I believe still does to disclose. And the community should be as “outraged” as they were with Conti; or and this is the best of all – those files were HIPAA related files in which case the Carlucci men may have a higher power to answer to. All of the other stuff, is smoke and mirrors.

  • Julie Globus

    Fred Fredburger, first, let’s dispense with the aliases, RWK, obvious both by the style of your writing and by the timing of your posts. So FF, humor me…let’s say that I saw the wallet, picked it up and, to humor you, decided not to return it; and I know what it contained and have promised the owner that I will not discuss the contents. But, the owner of the wallet says that it contained something else and what he says it contained, though different from its contents, is also potentially, illegal, unethical or evidence of a crime, a fraud, a violation of confidences. Can his admission be ignored, when you clear away the cobwebs? The BOE has ignored. I am not sure if the Agency on the other side is going to ignore. Under FERPTA, the BOE has an obligation to address. You know this better than anyone.

  • Fred Fredburger

    Once again, another one of your assumptions 100% incorrect. I am not RWK nor do I know the slightest thing about FERPTA.
    Amusing that aliases bother you, but it doesn’t bother you to post on the FFPM website as FFPM and not yourself.

  • Julie Globus

    Well, FF, the FFPM website is not my story to tell. I think that FERPTA is part of my letter, one of the links. Perhaps you might want to look at it. It talks about the obligations of a Board when a students’ personal information has been breached, disclosure, etc – see for yourself. It talks about sharing of private information, parents rights, etc. It’s very interesting stuff, stuff that a parent would want to be respected and, if what Carlucci says is taken as truth, it wasn’t. And, by the way, don’t insult my intelligence or yours, I am quite sure you know more about FERPTA than you let on. Your posts belie your claims of lack of insight, thankfully they are quite predictable.

  • Fred Fredburger

    I will read about FERPTA. I know nothing about it. Your psychic powers don’t seem to be working as you still think I am someone that I am not.

    Are you saying that security has actually been breached? That would be pretty serious. Did your husband or the coach not comply with a court order or as counsel to their team will you be asserting attorney-client privilege?

    I am not asking you to tell the “story of FFPM” (although much of it appears to be an interesting work of fiction), but are you really going to say that you haven’t written most of the posts on that page?

    If you want to call my writings predictable, it is because I am consistent. Consistent in believing that your sole purposes are to harm the Carluccis and the Condors (contrary to what you claim) while attempting to obtain a place for your team to practice. You have broadened that to attack all of the volunteer Board of Ed members now as part of your “crusade”.

    • Julie Globus

      Oh, FF. You are right in that I am on a crusade. It has everything to do with what I view as a totally unpalatable BOE party of, how many? Clarity and confusion.This Board of Education, as I see it, wreaks of complacence at best, complicity – perhaps, collusion at worst. What began for me as a crusade for changes to the pool in terms of time, fees, pool sharing, taxpayers swimming and unnecessary unsustainable losses has morphed into something more. This is not generated by a desire to harm the Carlucci’s or the Condors, but rather a total and utter disgust for the dishonesty, as I view it, of its Trustee owner on all levels. The BOE, in my opinion, needs to be turned over, completely. The pool was initially my basis for that statement, Congers and the bond fiasco, made it all the more clear. My desire to obtain a CFE I owe to the Carlucci men, squarely. When you start digging, you never know what you will find. As to the confidentiality, had all things been good and proper, Trustee Carlucci would not have had those alleged files accessible to anyone but himself. The outrage with Conti proves that, or doesn’t it. Is there a double standard? His files were, if you accept the Carlucci men’s very own claims, accessible to everyone who logged onto that computer. When you wake a sleeping dragon…

      • Fred Fredburger

        The difference between the taking of archived emails which were prohibited by a judge from being read, kept, etc. is somewhat different than a parent’s email to the Board being posted to a Facebook page by an unrelated party a couple of hours after receipt, no?

        Also, in the same sentence you say you don’t wish to harm the Carluccis, but then go on to accuse the Trustee of “dishonesty … at all levels” and then continue on to once again refer to him as owner which you know to be untrue. What is your definition of harm?

        And, once again access to the computer did not seem to be an issue until the coach and your husband took files that apparently a judge didn’t think they should have.

        Go get your CFE. Based on the amount of time you have to rant all over social media, it appears that you may need something to do.

        I certainly do not agree with everything the Board of Ed decides to do, and you are certainly entitled to be as public as you’d like about your views, but I do not believe that the Board does things that they do not believe to be in the best interest of the District. It is quite a thankless volunteer job for which you unproductively spew nothing but disrespect.

        • Julie Globus

          FF, you are not daft. Carlucci had all of his “personal”CCSD emails on a computer with access open to all of his coaches and his son. Yes that is far worse than a single email. If I got personal I would be posting the same court records that are public and frankly lengthy that someone posted of mine. Those records belong to his wife and kids also. I dare not. While personal they are also family and as I see it, off limits. The difference in thinking is that I might believe the job to be “thankless” if I trusted this BOE. Their passive complacency is as I view it complicity. I think somewhere behind the scenes it’s all quite thankful.

  • ClarkstownDad

    Ah Julie the proven liar, so nice to see you are back attacking again. It’s been over a week since your last rant was published.

    I admit I had to laugh when you said people were not responding to your email(s) ….. guess they’ve had enough of you too. For someone who has said they care about the district and the money I can only imagine how much of my tax dollars have been spent by CCSD in accommodating you to date.

    While I believe there will be some sort of a change to the pool fees after the analysis the Board referenced is done, I wonder if any change will satisfy you short of burying Carlucci and the Condors. And what poor bastard(s) are your next target since someone like you is not happy unless she is making others miserable, we shall see.

    I’m not the most informed person about CCSD but I can tell you that I will be blindly voting for any incumbents come election time based simply on your attacks.

    Oh yeah, you made reference to Carlucci committing perjury or fraud. These are criminal charges and if you had any type of credible proof you would be going to the police or have they stopped responding to your emails too.

    • Julie Globus

      If by your moral compass, I am a liar, than I can only thank you for the compliment. Funny thing, I asked my assistant this morning when Clarkstown Dad was going to rear his head and chime in. More predictability. Do you know about the Board responding to my emails. Did you FOIL or were they sent to you directly; or did you have open, unfettered and unsecured access access to Carlucci’s file system… hmmm….? The coaches do, you know; or at least they did in 2012. Apparently you are quite more informed than one would think, don’t undermine your own claims, they seem very knowledgeable. Where did you hear that there would be changes? Were you privy to information? With Carlucci at the helm of that analysis and then, while apparently censured on the board level (a conflict of interest was recognized) it will depend upon the changes. I would put money on the table that they are going to be quite out of line with what he is paying now at the other schools he rents for his other teams. Once the school follows its own new policies to the letter, I will certainly be quieted. Frankly, had they raised to sustainable rates, allowed taxpayers to swim for free with greater hours of swimming and committed to adopting a system consistent with the other schools in which Carlucci’s team swims, I would have shut my mouth a long time ago. You see, strategically they could have sliced me off at the knees. Why they didn’t is anyone’s guess. The fact that they didn’t, however, raised a good deal of suspicion and the information obtained because of it has raised my hackles further. So, there is likely some other “poor bastard(s)” who are going to follow. Again, I don’t think it a “thankless job” at this point. The outcome of this election will decide how far I can go it alone. I have learned too much about what is under the skins of the onion at this point. When you start digging, you don’t know what you will find. As to criminal charges, my tenacity does not end here, nor will it. Waking sleeping dragons…. and all that. I am off now so don’t assume my lack of response is an avoidance tactic. It is priority.

      • ClarkstownDad

        My compass had nothing to do with it ….. it has been proven a few times based on what you have written that turned out to be lies ….. hence you are a proven liar. It’s that simple so everything you now say is suspect.
        I’ve said before and you choose to ignore, I have no knowledge of anyone on the Condors. You made reference in the article about not having received responses to emails.
        My knowledge simply comes from paying attention to what has been said at Board Meetings and what has been written …. on changes the Board had indicated a review was being performed.
        From what I have learned about you I do not believe there is much to shut your mouth …. even if all the facts pointed to you being wrong you would twist it in such a way to keep going and attacking.
        You’ve proven it again in your response that saying “a conflict of interest was recognized”. No it wasn’t, the perception of one was based on Carlucci’s prior involvement …. I do not believe Aglialoro said any differently. But this may simply be another “oops” you have now become so accustomed to admitting as compared to admitting you lied.
        You are a sad person.

        • Julie Globus

          Clarkstown Dad, the more you attack me personally (“you are a liar”) (“you are a sad person”) (“everything you say is suspect”), the more certain I am that you are being fed by Carlucci, his son and/or are colluding with him. I have found one constant, if you can’t attack the facts, attack the person. There are 10,000 emails of students whose files were open and accessible to anyone using a Condors swim Club computer. Or, there were 10,000 Insurance related emails that were open and accessible to anyone. Or, the whole e-mail debacle was simply a lie so Carlucci could avoid paying a coach. Greed and Pride… there’s something biblical in that. You don’t like what I have to say, don’t read. Calling me a liar, a sad person, etc, etc., will get you nowhere unless you want to divulge your identity and share that sentiment with all of the people the Carlucci boys betrayed, cheated or lied to who have stepped up to help me. I am a voice for a lot of people the Carlucci boys have hurt and continue to do so. The more I dig, the more I find. Someone should have had the brains enough to stop me from digging long ago by coming clean. I’m going nowhere until something changes. I am saying nothing more.

          • ClarkstownDad

            I am not really doing anything different than you are to Carlucci …. how does it feel? Again I have no involvement with the Condors, never have. As you have taken to Carlucci, I have taken to you in this venue based on your inaccurate data, distorting of the facts and outright lies.

            Facts as you say …. that is rich. I’ve taken the time in the beginning to research your so called facts and found them to be distorted and misleading at best.

            I won’t even get into the email thing … knock yourself out if you’d like to ….. its totally different than a Board member intentionally sharing an email with his group and then that email being shared on social media.

            As I said before I do not believe you are going anywhere even if you bury Carlucci ……. you will just turn your attacks on someone else.