Watch-List Name Confusion Causes Hardship
A would-be auto buyer described a “revolving-door nightmare” after a sales agent spotted a similar name on a federal most-wanted list. A former California prison employee wrote of being mistaken for a Colombian drug criminal. A Northern Californian sued after his home loan was held up when a credit agency thought he was Saddam Hussein’s son.
Their stories - with much information blacked out, and other records withheld - are among documents obtained by a San Francisco legal organization seeking greater public accountability in the operation of a Treasury Department watch list of terrorist suspects and drug traffickers.
The list, maintained by the department’s Office of Foreign Assets Control, includes more than 6,000 people and organizations. Banks, insurers, landlords and other businesses are subject to financial penalties for conducting transactions with anyone on the list.
The Lawyers’ Committee for Civil Rights filed a Freedom of Information Act suit last year, saying many Americans had complained of hardships - loans and insurance denied, bank accounts frozen, routine purchases stalled - because their names were confused with those on the list. Last month, a federal judge in San Francisco ordered the Treasury Department to release records of complaints filed by members of the public.
The approximately 100 documents that the lawyers’ committee received this week “suggest that little if anything is being done by the government to help individuals who are wrongly linked by the government with illegal activity,” said Thomas Burke, a San Francisco lawyer who took part in the suit.
Even when the department confirms that a business has mistakenly identified a customer as a terrorist, he said, “they don’t do anything.”
One document was a June 2006 e-mail to the Treasury Department from a former police officer in the Baltimore area. The e-mailer, whose name was blacked out, said an auto sales agent had run a credit check on him and found that a government agency had reported he was on the FBI’s 10 Most Wanted list.
After checking the ex-officer for tattoos that the person mentioned on the list had, the agent advised him to call credit-reporting agencies to get his name removed. The e-mailer said he had been referred in turn to the FBI, other credit agencies and the Office of Foreign Assets Control, each of which told him to go elsewhere - a process he described as “world-class buck-passing” and a “revolving-door nightmare.”
Similar frustration was expressed by the unnamed former California prison employee who was mistaken for a Colombian drug dealer on the Treasury list when he tried to buy a car in Hanford (Kings County).
An 18-year-old man said he had been mistaken for a Libyan official on the list, and a former Defense Department employee said an erroneous listing required him to prove his identity before wiring money to his son.
One previously publicized case involved Tom and Nancy Kubbany of Arcata (Humboldt County), who were denied a home loan in 2006 when their credit report identified Tom Kubbany as Saddam Hussein’s son - because his middle name, Hassan, was an alias used by the son, who is 30 years younger than Kubbany.
The Kubbanys sued the credit agency and other companies in San Francisco federal court earlier this year “for failing to use common sense,” said their lawyer, Amitai Schwartz.
The Treasury Department documents include an exchange between the Kubbanys’ congressman, Rep. Mike Thompson, D-St. Helena, and the Office of Foreign Assets Control director, who said the office had no power to regulate credit agencies.
The problem, said attorney Philip Hwang of the Lawyers’ Committee, is that “the Treasury Department isn’t taking responsibility. It’s pointing the finger at credit-reporting agencies” while providing “very little guidance” to businesses about what to do with erroneous reports.
Not so, said department spokesman John Rankin. He said that the watch list contains detailed information about each person and organization to reduce the likelihood of confusion, and that the agency hosts more than 100 workshops a year to answer questions from those affected by the list.
“We take very seriously our effort to get as much information as possible into the hands of the public,” Rankin said.
He also defended the department’s refusal to turn over 346 petitions from people who have sought to remove their names from the list. U.S. District Judge Phyllis Hamilton ordered those documents released in her ruling last month, but the department, in a letter to the Lawyers’ Committee, said disclosure would violate a host of laws protecting individual privacy, safety and law enforcement proceedings.
“We did exactly what the judge said,” Rankin said.
That’s not for the department to decide, said attorney Burke. “We will likely go back to court and talk about it,” he said.
Online resources
To view the Treasury Department watch list, go to www.treasury.gov/ofac and select the link for Specially Designated Nationals. The documents obtained by the Lawyers’ Committee are available at www.lccr.com/news.html.
E-mail Bob Egelko at begelko@sfchronicle.com.
© 2008 San Francisco Chronicle








Get ready for the CASHLESS SOCIETY..where not only will “they” have total control of your records..but with the “push of a button” can render you destitute..this is the “promise’ of RFID technology…the federal government would like very much to get EVERYONE on some kind of “list” so that the concept of “predatory coercion” (look it up..it DEFINES the Bush Doctrine) can be implemented at any time for any reason…read: Anti-Administration people, protestors, outspoken educators, citizens, etc..etc..whistleblowers..and GETTING people on the “list” is becoming easier and easier..take the 900,000 name “list” of the FBI and DHS…so called “watch list” as if they could possibly “Watch” 900,000 people!..but it’s not about that..it’s about CONTROL…and the cashless society, that they are pimping with such zeal…is just that..EVERYONE on the LIST…and with no more trouble than pushing a button…BOOM! you are incapable of paying your rent, buying groceries…etc..etc..the END of your freedom to move about and live in society..and consequently, the end of your SHOUTS or ACTIONS that they do not approve of…
Finally..you are paying for the LISTMAKERS…you are paying their salleries..rationalize away the reality if you like..but YOUR dollars from YOUR income taxes are paying the salleries of the torturers, the kidnappers, the corporate flunkies who have come from and are going back too the very companies they are charges with overseeing…yup! you pay..and the reaon you pay is that you are TOO AFRAID to actually TAKE REAL ACTION..you do not even have to pick up a rifle as our forefathers did…you have only to NOT DECLARE! and even that is too much to ask of most of you…so..i am not complicit in these crimes…in any way…and if you do not believe in ILLEGAL WAR, WATCH LISTS, TORTURE, CRIMES AGAINST HUMANITY..then you SHOULD STOP FOOTING THE BILL! OTHERWISE YOU ARE INVOLVED, YOU ARE IN EFFECT MAKING IT POSSIBLE..go ahead..rationalize..use whatever excuse you can think of..but that’s all it is..an excuse..period!
So..do not pay…general tax strike is the only power we have left that they understand..for they ONLY understand MONEY and DEATH and FEAR..and we can only influence ONE of those..and that’s the first and most important..MONEY…without it, they cannot continue…they are relying on youto pay and to give your tacit support of their actions in the form of MONEY..so put your money where your mouths are…or be just as guilty as they..
Whatever happened to innocent until proven guilty? Seems to me that the list in unconstitutional. No due process.
Swiss friends of ours (who sold their winter house in Fort Myers out of disgust for the way Americans routinely treat foreign visitors) told about a friend of theirs who appeared on the no-fly list and was refused an airline ticket. The friend re-applied for the ticket using a first initial (rather than first name) and had no problem getting the ticket.
Inspires confidence, eh?
heckuva job, bushie.
We’re all Palestinians now.
It is enlightening to examine the roles on 9/11/01 of those who now control of the American Stasi.
Chertoff, then chief of the Justice Department’s criminal division, breached the prickly territorial lines that have long divided the Justice Department from the FBI. From a fifth-floor office at FBI headquarters, above the streams of panicked people who flooded Pennsylvania Avenue, he set up shop in the bureau’s crisis center. For the next 20 hours, he directed the government’s initial response to the most lethal terrorist attack in U.S. history.
Ever hear of Urban Moving Systems?