STATE OF LOUISIANA
OFFICE OF
STATE INSPECTOR GENERAL
Murphy Painter
Louisiana Office of Alcohol and Tobacco Control
Date Released:
February 17, 2011
File No. CID-11-007
Office of Alcohol and Tobacco Control - Murphy Painter
Table of Contents
Letter to the Governor
Executive Summary………………………………………………………
1
Background……………………………………………………………......
4
Scope and Methodology…………………………………………………
5
Findings, Conclusions, and Recommendations
Improper Use of Criminal History Databases……….....……….
6
LSP Audits of ATC’s Criminal History Inquiries………………..
8
Examples of Mr. Painter’s Unauthorized Inquiries……………..
9
Use of Voyager to Identify Anonymous Complainant………….
12
Taped Interview with Admissions of Voyager Misuse…………
12
Sexual Harassement of Kelli Suire………………………………
14
Department of Revenue Investigations…………………………
15
Recommendations………………………………………………..
16
Appendix A –
Responses
Appendix B –
Additional IG Comments
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
Executive Summary
The Louisiana Office of State Inspector General (OIG) received credible
information that Murphy Painter, the former Commissioner of the Louisiana Office
of Alcohol and Tobacco Control (ATC), illegally accessed Federal Bureau of
Investigation (FBI) criminal records, State of Louisiana criminal records and
Louisiana Office of Motor Vehicles records for no known public purpose. (As an
aid to the reader, this report includes a glossary of acronyms at the end.)
Mr. Painter illegally accessed information about private citizens as well as
persons employed at all levels of state government and in some cases, their
family members. Mr. Painter conducted inquiries on a state representative, state
district judges, staff members of the Louisiana Legislature and Governor’s Office,
and the wife of a United States Senator. This investigation determined that most
of the citizens about whom Mr. Painter obtained personal information were
females. It was found that even though Mr. Painter’s office has statewide
jurisdiction, his searches were disproportionately concentrated in the greater
Baton Rouge, New Orleans, and Gonzales areas.
The inquiries that Mr. Painter conducted that are unrelated to official ATC
business appear to violate the following criminal and civil laws:
•
•
•
Louisiana Revised Statutes 14:73.7 B. (1) (Titled Computer tampering)
18 U.S.C. §1030 (a) (2) (Titled Fraud and related activity in connection to
computers)
18 U.S.C. §§2721-2725 (Titled Prohibition on release and use of certain
personal information from State motor vehicle records) - This law
provides for criminal fines and significant civil damages for improperly
obtaining or using certain personal information from state motor vehicle
records systems, including actual and punitive damages to the person to
whom the information pertains. 18 U.S.C. §2725(4) defines a person’s
photograph and social security number as “highly restricted personal
information.” 18 U.S.C. §2725(3) defines a person’s driver identification
number, name, and address as “personal information.” This is exactly the
information Mr. Painter accessed in the inquiries he conducted.
Mr. Painter improperly used a computerized system called Voyager to access the
Louisiana Law Enforcement Telecommunications System (LLETS). LLETS
provides authorized users access to Louisiana Office of Motor Vehicles records
(LA OMV), the Louisiana Computerized Criminal History System (LACCH),
National Crime Information Center (NCIC) and Interstate Identification Index (III)
records.
Our investigation determined that Mr. Painter’s abuse of LLETS via the Voyager
system spanned the period of February 25, 2005 through August 13, 2010. Mr.
Painter made more than 1,150 inquiries to obtain restricted information about
citizens who do not hold ATC vendor permits and do not appear in the ATC
database. Mr. Painter performed 314 full NCIC searches, with 146 of those
searches done to access information about individuals who are not permitted or
regulated by ATC.
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Mr. Painter continued this activity even after the Louisiana State Police (LSP)
admonished ATC for the improper use of the system after audits in 2001 and
2008. Mr. Painter formally responded to both audits with plans to correct the
problems but remained defiant, telling his staff, “F**k the State Police. We
have not been audited for eight years. I’ll be gone from here [ATC] before
they [State Police] ever come back again.”
Mr. Painter may have improperly shared information obtained through the
Voyager / LLETS interface with persons outside the ATC in violation of state
and federal law and his own written policy. He conducted two criminal history
inquiries and one LA OMV records search on Jonathan Babb after Mr. Babb’s
arrest in the Shreveport area on August 3, 2010. Mr. Painter then contacted a
federal law enforcement agent and asked her to provide information on Mr.
Babb’s arrest because, according to what Mr. Painter told the agent, “a
neighbor had contacted me [Painter] wanting to know what was going on.” In
contradiction to Mr. Painter’s originally expressed purpose for the inquiry, the
federal agent stated that Mr. Painter later represented the need for the
information as being for a legitimate law enforcement purpose. That federal
agent conducted research based on Mr. Painter’s request and provided her
findings to Mr. Painter.
Mr. Painter may have sexually harassed Kelli Suire, a former employee who
worked for him at ATC. Her statement to the OIG indicated that Mr. Painter
subjected Ms. Suire to repeated, uninvited visits to her home. During her
employment as his Administrative Assistant, Mr. Painter repeatedly asked her
to lunch and invited her to spend the night with him. She stated that he
became angrier over time as she ignored his romantic requests and
comments.
Mr. Painter used his access to State of Louisiana and FBI databases to
obtain personal information about Ms. Suire, her family members, Jill Craft
(Ms. Suire’s attorney), and another female attorney on Ms. Craft’s staff. The
search of Ms. Craft’s information was followed by Mr. Painter’s obtaining a
map to her residence. After Mr. Painter accessed confidential information
about Ms. Craft on September 13, 2008, he apparently went to the area of
her residence. He conducted at least a cursory surveillance where he
obtained the license plate number on a vehicle belonging to Joyce McIntire,
Ms. Craft’s next door neighbor. On September 17, 2008, Mr. Painter
conducted a vehicle registration search on Ms. McIntire’s license plate and
then an inquiry on Ms. McIntire herself.
Ms. Suire left her job at ATC in November 2009. Mr. Painter again searched
her personal information on August 9, 2010 in an apparent attempt to locate
her new residence. Ms. Suire filed suit to obtain a restraining order against
Mr. Painter to end his attempts to contact her.
Mr. Painter also accessed confidential law enforcement databases on August
9, 2010 in an attempt to identify the author of an email that was sent to two
Baton Rouge media outlets. The email had criticized Mr. Painter’s actions as
ATC Commissioner. It appears that he incorrectly identified a completely
2
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
uninvolved female LSU student as the source of the email. Mr. Painter
apparently went to that female student’s residence, as it was found that he
contemporaneously ran vehicle license plate inquiries on two cars parked at
her residence, followed by searches on the two individuals that own those
cars.
The Louisiana Department of Revenue (LDR) received two separate
complaints about Mr. Painter’s activities. The first complaint, which was
investigated by an outside consultant, was dismissed because Ms. Suire
alleged that Mr. Painter sexually discriminated against her but did not allege
that he sexually harassed her. The second complaint, which included
allegations of improper use of law enforcement databases, was dismissed
because LDR did not want to investigate an appointed official when it had no
means to suspend him in order to conduct a thorough investigation.
We found no evidence that anyone from LDR informed the Governor’s Office
of the need to suspend Mr. Painter so the complaints against him could be
fully investigated. Further, once briefed by the Inspector General concerning
Mr. Painter’s illegal use of law enforcement databases, the Governor’s Office
requested and received Mr. Painter’s resignation that same afternoon.
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Background
Governor Mike Foster appointed Mr. Painter as ATC Commissioner in 1996. Mr.
Painter remained in that position until his resignation on August 13, 2010. The
ATC currently has approved positions for 78 total personnel, including 43 law
enforcement officers and criminal investigators.
In the spring of 2000, Mr. Painter began the process of applying for access to the
State of Louisiana’s and the Federal Bureau of Investigation’s criminal databases
on behalf of the ATC. Mr. Painter made this application based on La. R.S.
26:800, which provides, “The commissioner and duly commissioned officers or
agents of the office of alcohol and tobacco control are authorized to have direct
access by means of computer interfacing to criminal history records maintained
by the office of state police for the purpose of granting, denying, or any other
action on an application for a permit or for revocation, suspension, or other action
on a permit previously issued.”
Mr. Painter’s application was initially denied by the Federal Bureau of
Investigation’s Access Integrity Unit (FBI AIU), based upon review of Louisiana
law pertaining to the ATC. The FBI AIU noted that the approved functions
required for ATC to have access to criminal history records, as provided under
La. R.S. 26:800, appeared to be primarily civil as opposed to criminal. As such,
ATC did not qualify to obtain access to criminal history records. Mr. Painter
modified his application several times, continually emphasizing ATC’s law
enforcement role. The FBI eventually granted the ATC access to LLETS on
August 17, 2000.
On August 6, 2004, Mr. Painter signed a Terminal User Agreement with the
LSP’s parent agency, the Louisiana Department of Public Safety and Corrections
(DPS&C) and that agreement provides: “User Agency acknowledges that the use
of and access to DPS&C computerized information shall be restricted to criminal
justice agencies for official criminal justice purposes.” This agreement sets the
limits and responsibilities of the user agency for accessing the National Law
Enforcement Telecommunications System (NLETS) and NCIC.
LLETS is managed by the LSP and allows authorized criminal justice entities to
access and exchange critical criminal justice information. DPS&C also oversees
access to NCIC, the Interstate Identification Index (III), and NLETS. These
various systems are informally known as the "Law Enforcement Network."
Voyager is a web based computer program that is simply an end user interface
for persons with authorized access to LLETS and NLETS. Mr. Painter used
Voyager on his public computer at the ATC office.
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Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
Scope and Methodology
We conducted our investigation in accordance with Principles and Standards for
Offices of Inspector General as promulgated by the Association of Inspectors
General.
Our investigation included reviewing:
•
Voyager system user logs. Voyager is a web based system which allows the
user to access State of Louisiana Office of Motor Vehicles records, State of
Louisiana criminal history records, and NCIC records. Voyager requires the
user to sign in with a unique login name and password. The Voyager system
documents each driver’s license search and criminal history search
performed by each user. The searches can be reviewed as needed to
monitor the activities of the system users.
•
Documents recovered from Mr. Painter’s office during the execution of a duly
authorized Nineteenth Judicial District Court search warrant.
•
Interviews we conducted with current ATC and LDR employees, former
employees, management, and other individuals as necessary.
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Improper Use of Criminal History Databases
Mr. Painter improperly used a computerized system called Voyager to access
the Louisiana Law Enforcement Telecommunications System (LLETS) for
non law enforcement, personal or curiosity purposes. Mr. Painter’s actions
may have violated state and federal law:
o
o
o
La. R.S. 14:73.7 A(1) (Titled Computer tampering) 1
18 U.S.C.§1030 (a)(2) (Titled Fraud and related activity in
connection to computers). 2
18 U.S.C.§§2721-2725 (Titled Prohibition on release and use of
certain personal information from State motor vehicle records,
Additional unlawful acts, Penalties, Civil Action, and Definitions). 3
Mr. Painter’s abuse of LLETS using the Voyager system spans the period of
February 25, 2005 through August 13, 2010. Mr. Painter made more than
1,800 inquiries on citizens and vehicles. He also performed 314 full NCIC
inquiries on individuals that included access to criminal histories.
Number of Inquiries
Our investigation has shown that of the 1,884 total inquiries * that Mr. Painter
conducted, 1,160 were conducted on persons who are not regulated by ATC.
Of the 314 full NCIC searches, 146 were conducted on persons that are not
regulated by ATC. Analysis of Mr. Painter’s use of the Voyager system has
shown that his inquiries were performed on private citizens as well as
persons employed at all levels of state government and, in some cases, their
family members. Our investigation revealed that Mr. Painter made the
majority of his inquiries on women. That fact is shown in more detail in Chart
1, below.
Inquiries Conducted on Persons Not
Regulated by ATC
250
200
150
100
50
0
Male
Female
17-2021-29
30-39 40-49
50-59 60-69
70-79 80-89
Age Group
Chart 1
*
The affidavit in support of the search warrant served in this case mentioned 2,223 total
searches. That number included all attempted searches. The 1,884 search count
included here includes only completed searches.
6
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
Our investigation found that despite Mr. Painter’s position as commissioner of a
statewide office, a disproportionate share of his searches on individuals not
regulated by ATC was concentrated in the greater Baton Rouge, Gonzales, and
New Orleans areas. Mr. Painter resides in the Gonzales area. Chart 2, below,
shows a geographical breakdown of those searches.
Inquiries Conducted on Persons Not
Regulated by ATC, by Area
Southwest
Louisiana
7%
North
Louisiana
8%
Out of State
2%
LA Gulf Coast
2%
Greater Baton
Rouge
36%
Greater N.O. /
Northshore
21%
Greater
Gonzales
24%
Chart 2
Further, approximately 63% of the individuals whose restricted information
Mr. Painter accessed were not ATC permit holders, as shown in Chart 3,
below.
Non ATC Permit
Holders or
Applicants
63%
ATC Permit
Holders and
Applicants
37%
Chart 3
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
LSP Audits of ATC’s Criminal History Inquiries
In a September 25, 2001 letter addressed to Mr. Painter, the LSP cited the
ATC for a violation revealed by a LLETS audit. The audit found that Mr.
Painter and ATC had no “written standards for discipline of NCIC policy
violators.” As a result of this violation, Mr. Painter drafted “NCIC Use and
Disciplinary Policies” for the ATC. He signed this document on September 29,
2001, establishing the following rules for his office:
o
“Under no circumstances can any information acquired through
NCIC, LLETS, and/or Louisiana Computerized Criminal History
System (LACCH) be released to any member of the public or any
persons outside of the Louisiana Office of Alcohol and Tobacco
Control.”
o
“All records obtained through NCIC, LLETS, and/or LACCH must
be destroyed by shredding or tearing, not merely thrown away, in
a timely manner to prevent unauthorized use.”
o
“Under no circumstances may inquiries be requested or
processed for curiosity purposes or personal reasons.”
During the execution of a duly authorized search warrant at Mr. Painter’s
office on August 17, 2010, printed copies of criminal history inquiries were
found lying loosely in and around Mr. Painter’s desk. Some of the inquiries
had been conducted as long ago as 2004. Retention in such a manner is
clearly a violation of rules Mr. Painter implemented for the ATC on September
29, 2001. Section 3.5 of the LLETS Reference Guide states that records that
have been received by the agency via LLETS and later determined to not be
needed should be destroyed by tearing or shredding into several parts to
prevent unauthorized access.
In a September 16, 2008 letter addressed to Mr. Painter, the LSP cited the
ATC for two violations as a result of another LLETS audit. Mr. Painter
responded in a letter to the LSP in which he wrote: “This agency has never
and will not tolerate the misuse of the valuable law enforcement tool that
CJIS has made available to this agency. All the agents will be retrained and
again be exposed to the rules regarding the use of CJIS. We will also institute
our own audit process so that we can further make sure of our voluntary
compliance with this system.”
Interviews with ATC employees indicate that after the September 2008 LSP
reprimand, Mr. Painter held a meeting where he stated, “F**k the State
Police. We have not been audited for eight years. I’ll be gone from here
(ATC) before they (State Police) ever come back again.”
8
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
Examples of Mr. Painter’s Unauthorized Inquiries
Mr. Painter may have improperly shared information obtained through the
Voyager / LLETS interface with persons outside the ATC in violation of state
and federal law and his own written policy. He conducted two criminal history
inquiries and one LA OMV records search on Jonathan Babb after Mr. Babb’s
Shreveport area arrest on August 3, 2010. Mr. Painter contacted a federal
law enforcement agent and asked her to provide information on Mr. Babb’s
arrest because, according to the federal agent, “a neighbor had contacted me
(Painter) wanting to know what was going on.” The federal agent stated that
Mr. Painter represented the need for the information as a legitimate law
enforcement matter. That federal agent conducted research to satisfy Mr.
Painter’s request and provided it to him.
In addition to his accessing the restricted information of private citizens, Mr.
Painter conducted inquiries on numerous government officials and in some
cases, their family members. Our analysis of Mr. Painter’s usage history on
the Voyager system has shown that he accessed the private, restricted
information of a state representative, several state district judges, staff
members of the Louisiana Legislature and Governor’s Office, Secretary of
State employees, and the wife of a United States Senator.
We contacted some of the persons whose restricted information Mr. Painter
accessed but who are not listed in the ATC computer systems as ATC permit
holders. These individuals granted permission for their names to be used in
this public report. The names of the other citizens whose restricted
information Mr. Painter accessed were not included in this report to prevent
any further invasion of their privacy.
•
Jill Craft is a Baton Rouge attorney. She has represented several
former ATC employees in lawsuits against Mr. Painter and the ATC
on employment related issues. Mr. Painter accessed Ms. Craft’s
restricted information on three separate dates (5/16/2006, 3/17/2008,
and 9/13/2008). He also conducted an inquiry on a female attorney
employed by Ms. Craft on March 26, 2008. His access to Ms. Craft’s
restricted information was followed by his printing a MapQuest map to
Ms. Craft’s residence on September 13, 2008. This map was found in
Mr. Painter’s office during the execution of a duly authorized search
warrant. Mr. Painter apparently used the map to travel to her
residence. He obtained the license plate number on a vehicle
belonging to Joyce McIntire, Ms. Craft’s next door neighbor. On
September 17, 2008, Mr. Painter conducted a vehicle registration
search on Ms. McIntire’s car’s license plate and then an inquiry on
Ms. McIntire personally.
•
Therese Nagem is a Baton Rouge attorney. Mr. Painter accessed her
restricted information, including her driver’s license number, social
security number, home address, and photograph on August 10, 2007,
January 1, 2008 and again on July 1, 2009. Ms. Nagem said that
Louisiana Office of State Inspector General
9
Office of Alcohol and Tobacco Control - Murphy Painter
while she has met Mr. Painter, she does not know why he accessed
her private information and viewed her driver’s license photograph.
10
•
Joseph Brantley is a Baton Rouge attorney. On December 14, 2008,
Mr. Painter conducted an inquiry on Mr. Brantley, accessing his
restricted information, including his driver’s license number, social
security number, home address, and photograph. Mr. Brantley
represented a client applying for a liquor permit with ATC. He said that
the only reason that he could think of for Mr. Painter to access his
private information was because of a meeting they had during late
2008. Mr. Brantley noted that his assistant at the time, Toby Edwards,
was also present at the meeting.
•
As just noted, Toby Edwards was an assistant to Joseph Brantley. On
December 14, 2008, Mr. Painter conducted an inquiry on Ms.
Edwards. Mr. Painter accessed Ms. Edwards’s restricted information,
including her driver’s license number, social security number, home
address, and photograph. She was assisting Mr. Brantley on a case
for a client who was attempting to secure a liquor permit. Ms.
Edwards stated that the firm’s efforts to help their client obtain an ATC
permit had proved difficult until Mr. Painter finally granted her and Mr.
Brantley a meeting. Mr. Painter actually admitted to her during the
meeting that he ran her driver’s license and viewed her photograph.
He told her the only reason he granted the meeting was because of
what he saw when he viewed her driver’s license photograph.
According to Ms. Edwards, Mr. Painter’s statement and demeanor
made her very uncomfortable and she was glad that Mr. Brantley was
present. She also said that she found it unusual that although the
permit had been repeatedly turned down, it was immediately
approved once she personally met with Mr. Painter. Ms. Edwards
stated that Mr. Painter had no official purpose for accessing her
private information and driver’s license photograph.
•
Cecil Blache is a Baton Rouge attorney. Mr. Painter accessed Mr.
Blache’s restricted information, including his driver’s license number,
social security number, home address and photograph two separate
times on April 14, 2008. Mr. Blache stated that Mr. Painter actually
told him that he obtained this restricted information about him to get
Mr. Blache’s home address to mail him a sympathy card. Mr. Painter
also told Mr. Blache about another issue related to his LA OMV
records that should be addressed as soon as possible. Mr. Blache
stated that Mr. Painter had no official reason to access his driver’s
license information.
•
Fabian Blache, Jr. is a former East Baton Rouge Sheriff’s Chief
Criminal Deputy and currently the Executive Director of the Louisiana
Association of Chiefs of Police. Mr. Painter accessed Mr. Blache’s
restricted information, including his driver’s license number, social
security number, home address, and photograph two separate times
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
on April 14, 2008. Mr. Blache stated that Mr. Painter had no official
reason to access his driver’s license or other private information.
•
Kermit Smith is a Baton Rouge area businessman and retired
Louisiana State Police Trooper. Mr. Painter accessed Mr. Smith’s
restricted information, including his driver’s license number, social
security number, home address, and photograph on August 19, 2008.
Mr. Smith stated that he made a public records request to ATC during
that time period. He also stated that he has known Mr. Painter for
many years, but does not know why Mr. Painter accessed his private
information and viewed his driver’s license photograph.
•
Peggy Guidry is a Zachary, LA police officer. She contacted the ATC
to refer information regarding a bar in Zachary that was allegedly
selling alcohol to underage persons. Contemporaneously, Mr. Painter
accessed Ms. Guidry’s restricted information, including her driver’s
license number, social security number, home address, and
photograph on March 9, 2010. Ms. Guidry said that she does not
know why he accessed her private information and viewed her driver’s
license photograph.
•
Keitha Nelson is a reporter for WAFB television news in Baton Rouge.
Mr. Painter accessed Ms. Nelson’s restricted information, including
her driver’s license number, social security number, home address,
and photograph on June 11, 2007. Ms. Nelson stated that she does
not know why he accessed her private information and viewed her
driver’s license photograph.
•
Thomas Hodson is a former LSU quarterback who resides in Baton
Rouge. Mr. Painter accessed Mr. Hodson’s restricted information,
including his driver’s license number, social security number, home
address, and photograph on June 7, 2007. Mr. Hodson stated that he
had no official business with ATC, does not know Mr. Painter, and
does not know why Mr. Painter accessed his private information and
viewed his driver’s license photograph.
•
Wendy Vitter is the wife of United States Senator David Vitter. Mr.
Painter accessed Mrs. Vitter’s restricted information, including her
driver’s license number, social security number, home address, and
photograph on July 18, 2007. Mrs. Vitter stated that she had no official
business with ATC, does not know Mr. Painter, and does not know
why Mr. Painter accessed her private information and viewed her
driver’s license photograph.
•
Mindy Spurrier is a former employee of a Baton Rouge law firm. Mr.
Painter accessed Ms. Spurrier’s restricted information on February 6,
2007 and again on June 2, 2008. This restricted information included
her driver’s license number, social security number, home address,
and photograph. Ms. Spurrier has “no idea” who Murphy Painter is or
how he would have known her name. She has never applied for a
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
liquor license and has never had any business with ATC. Ms. Spurrier
does not know why Mr. Painter accessed her private information and
viewed her driver’s license photograph.
Use of Voyager to Identify Anonymous Complainant
On August 6, 2010, Mr. Painter received an email from an unknown source
that was critical of him and the ATC. The email was also sent to Paul Gates
at WAFB news, Jeff Roedel of 225 Magazine, and Rachael Upton of 225
Magazine.
Mr. Painter began aggressively searching for the author of the email. He ran
inquiries on a person with a name similar to the actual email address and
accessed that person’s confidential information.
Our investigation
determined this person is a young, female LSU student who is uninvolved
with the transmission of the email. She does not know Mr. Painter and has
never had any official business with the ATC.
On August 9, 2010, Mr. Painter ran four LA OMV inquiries directly related to
that female LSU student’s residence. He ran vehicle license plate inquiries on
two cars parked at her residence, followed by searches on the two individuals
who own those cars. These searches occurred between 8:16 p.m. and 8:21
p.m. Six minutes later at 8:27 p.m., Mr. Painter accessed Ms. Suire’s
restricted LA OMV records and driver’s license photograph for the third time.
Mr. Painter was documented on surveillance video entering the ATC office at
8:01 p.m. on August 9, 2010 and exiting at 8:40 p.m.
LSP examined Mr. Painter’s state issued Blackberry device following his
resignation. During that examination, it was found that on August 9, 2010, Mr.
Painter sent a text message containing the female LSU student’s address to
a federal law enforcement agent. He advised the agent that he needed
research done on the address for a legitimate law enforcement matter. The
agent obtained the information that Mr. Painter requested and provided it to
him via text message.
Taped interview with Admissions of Voyager Misuse
Mr. Painter participated in a recorded interview with WAFB news reporter
David Spunt in mid-August 2010, shortly after resigning from his job. Mr.
Painter made admissions related to his improper activity during this recorded
interview. The entries that follow begin with a notation of the point in the
recording when the particular admission occurs:
12
•
4:04 – Mr. Painter stated, “Anything that I did that had anything along this
line has to do with me doing or looking into alleged irregularities or
criminal activity within the Office of Alcohol and Tobacco Control.”
•
4:33 – David Spunt said that they talked earlier about Mr. Painter’s having
done the searches over 2,000 times. Mr. Painter replied, “Well, I’m, I’m
very surprised it’s not more.”
Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
•
7:22 – Mr. Painter stated, “The governor’s office has been a carousel.
Everybody moves around up there and there’s a new face every other
day, and I’m not sayin’ nothin’ negative about that. I’m sure there’s a
good reason for it. But if you go find and look, the three names or
whatever they say I looked up, the only possibility that could be is that I
had meetings at the governor’s office with those people, on that day. I
had no idea who those people were or who I was going meet and I looked
up their picture on the uh, on the computer to see what, who I was going
meet, how old they were so I know what way to talk, or, or you know what
way to present whatever information I was going to, I was going to
present to ‘em.”
•
8:04 – Spunt asks who specifically at the Governor’s Office. Mr. Painter
replied, “I had a meeting with Paul Rainwater. I had a meeting with uh,
uh, Mimi Hedgecock, and, and forgive me, I had a meeting with another
uh, another lady that’s in the uh, a, a lawyer that, that, that was there over
some legislative issues and stuff and I, I, she was at the meeting when I
was uh, terminated, and, and I’m just forgetting her name right now.”
•
8:31 – Spunt asks if it was just those three. Mr. Painter replied, “That, that
I recall.”
•
26:29 – When referring to Kelli Suire, Mr. Painter said, “She is the one
that told me she had a swim suit on. That she was around the swimming
pool with her child and I went there to get documents that she had taken
home from the office to work on. I spent 3 minutes around the pool
talking business, got my documents, and went back to the office to work
the rest of the day.”
•
30:23 – Spunt asks Mr. Painter if he ran any reporters at the station.
Painter replied, “Well, if it’s Keitha Nelson, uh, uh, I, I mean there is no
background check done on any of that. I, I probably ran her driver’s
license to see how tall she is and uh, being a former basketball player
and anybody knows me at six foot three that, that, uh, uh, height in
women is always something that, that, that, that I look at. It had nothing
to do with any impropriety and nothing else. Um, um, looking at a driver’s
license situation is different than a criminal history check or what you
want to call a background check.” (Spunt asks Mr. Painter if he saw
anything wrong with that) –Mr. Painter replied, “Every police officer in the
United States that has access to a drivers license system uses it to
resolve questions that have to do with legitimate issues in their business.”
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Sexual Harassment of Kelli Suire
Mr. Painter may have sexually harassed Kelli Suire, a former female employee of
the ATC. He used his access to official law enforcement databases to search Ms.
Suire’s personal information a total of three times. The last inquiry on August 9,
2010 was an apparent attempt to locate Ms. Suire’s new residence. Ms. Suire
resigned from ATC in November 2009. Mr. Painter also conducted inquiries on
Ms. Suire’s elderly aunt and ex-husband. She eventually obtained a restraining
order against Mr. Painter to stop his further attempts to contact her.
Mr. Painter subjected Ms. Suire to repeated, uninvited visits to her home. She
stated that Mr. Painter asked her what she was doing up at 5:00 a.m. because he
had passed her house and seen her lights on. In a statement to an LDR
investigator, Mr. Painter admitted that he made a work related visit to Ms. Suire’s
residence once while she was swimming. He stated that he did not specifically
remember making a comment about Ms. Suire’s “giving an old man his kicks,”
but said that it sounded like something he might say.
During her employment as his Administrative Assistant, Mr. Painter invited Ms.
Suire to spend the night with him and repeatedly asked her to lunch. She stated
that Mr. Painter became angrier over time as she ignored his romantic requests
and comments. Ms. Suire’s statement is consistent with information gained
during interviews with current ATC staff members who witnessed Mr. Painter’s
interaction with Ms. Suire.
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Louisiana Office of State Inspector General
Office of Alcohol and Tobacco Control - Murphy Painter
Department of Revenue Investigations
Before her resignation from ATC, Ms. Suire complained to the Louisiana
Department of Revenue about Mr. Painter’s treatment of her. LDR hired an
outside consultant to “ensure there would be objectivity and fairness in”
investigating the complaint. After the consultant found that “Mr. Painter acted in
a controlling way toward Ms. Suire, but it was not based on a sexual motive or
her gender,” LDR informed Ms. Suire that “Painter’s actions did not violate the
LDR’s Anti-Harassment Policy.” The consultant supports her finding by pointing
out that Ms. Suire stated “that she was ‘sexually discriminated’ against by the
Commissioner” but not “sexually harassed.”
On July 28, 2010, several ATC employees reported six specific allegations of
wrongdoing by Mr. Painter to LDR management, including complaints that Mr.
Painter sexually harassed Ms. Suire and abused the NCIC system.
Three
business days later on August 2, 2010, an LDR memo was written which states
that “there is no evidence to support a full-fledged investigation” into Mr. Painter’s
activities. When we approached LDR about this matter, we were advised that
since the ATC Commissioner is an appointed official, the complaint was never
fully investigated because LDR had no means to suspend Mr. Painter. LDR
normally suspends employees under investigation. In this instance, they feared
that Mr. Painter would obstruct the investigation, destroy evidence, or seek
retribution against the employees who made the complaint if he were allowed to
remain as commissioner during a full-fledged investigation.
We found no evidence that anyone from LDR informed the Governor’s Office of
the need to suspend Mr. Painter so the complaints against him could be fully
investigated. Further, once briefed by the Inspector General concerning Mr.
Painter’s illegal use of law enforcement databases, the Governor’s Office
requested and received Mr. Painter’s resignation that same afternoon.
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Recommendations:
1. The ATC has Law Enforcement and Criminal Investigative Divisions.
These agents have a legitimate need for access to the LLETS system.
ATC misuse of the system risks revocation of this access. The ATC
Commissioner should immediately take measures to ensure that access
to LLETS, NCIC, and Louisiana OMV records systems is restricted to
those employees with a legitimate need for that access, and that those
employees only use that access for legitimate reasons.
2. The DPS&C and the FBI AIU dictate that access to LLETS/NCIC is
“restricted to criminal justice agencies for official criminal justice
purposes.” ATC should establish an accurate logging system to create a
record of who conducts inquiries and the purposes of those inquiries.
3. The Voyager system currently in use by ATC has an administrator level
access feature that allows audits of its use. The Commissioner should
implement a policy that causes the Voyager system to be regularly
audited to reduce the risk of further misuse. This policy should include a
self-reporting provision that notifies DPS&C if ATC identifies misuse.
4. The current legal framework divides supervisory authority over the ATC
commissioner between the LDR and the Governor. In order for the LDR
Secretary to more effectively supervise the ATC commissioner, a revision
of this framework should be examined and considered.
This report will be forwarded to the United States Attorney for the Middle District
of Louisiana and the District Attorney for the Nineteenth Judicial District Court of
Louisiana for consideration of possible criminal prosecution for violations of
federal and state law.
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Glossary of Acronyms
ATC
Louisiana Office of Alcohol and Tobacco Control
CJIS
Criminal Justice Information Security
DPS&C
Louisiana Department of Public Safety and Corrections
FBI
Federal Bureau of Investigation
FBI AIU
Federal Bureau of Investigation, Access Integrity Unit
III
Interstate Identification Index
LA OMV
Louisiana Office of Motor Vehicles
LACCH
Louisiana Computerized Criminal History
LDR
Louisiana Department of Revenue
LLETS
Louisiana Law Enforcement Telecommunications System
LRS
Louisiana Revised Statute
LRS
Louisiana Revised Statute
LSP
Louisiana State Police
NCIC
National Crime Information Center
NLETS
National Law Enforcement Telecommunications System
OIG
Louisiana Office of State Inspector General
USC
United States Code
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
Endnotes
1
La. R.S. 14:73.7. Computer tampering [in pertinent part]
A. Computer tampering is the intentional commission of any of the actions enumerated in this Subsection when
that action is taken knowingly and without the authorization of the owner of a computer:
(1) Accessing or causing to be accessed a computer or any part of a computer or any program or data
contained within a computer.
(2) Copying or otherwise obtaining any program or data contained within a computer.
....
B. For purposes of this Section:
(1) Actions which are taken without authorization include actions which intentionally exceed the limits of
authorization.
....
C. Whoever commits the crime of computer tampering as defined in Paragraphs (A)(1) and (2) of this Section
shall be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
2
18 U.S.C. §1030. Fraud and related activity in connection with computers [in pertinent
part]
(a) Whoever—
....
(2) intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains....
(C) information from any protected computer;
....
(c) (2) (A) except as provided in subparagraph (B), a fine under this title or imprisonment for not more than one
year, or both, in the case of an offense under subsection (a)(2), (a)(3), or (a)(6) of this section which does not
occur after a conviction for another offense under this section, or an attempt to commit an offense punishable
under this subparagraph. . . .
3
18 U.S.C. §2721. Prohibition on release and use of certain personal information from
State motor vehicle records
(a) In General.— A State department of motor vehicles, and any officer, employee, or contractor thereof, shall
not knowingly disclose or otherwise make available to any person or entity:
(1) personal information, as defined in 18 U.S.C. 2725 (3), about any individual obtained by the department in
connection with a motor vehicle record, except as provided in subsection (b) of this section; or
(2) highly restricted personal information, as defined in 18 U.S.C. 2725(4), about any individual obtained by the
department in connection with a motor vehicle record, without the express consent of the person to whom such
information applies, except uses permitted in subsections (b)(1), (b)(4), (b)(6), and (b)(9): Provided, That
subsection (a)(2) shall not in any way affect the use of organ donation information on an individual’s driver’s
license or affect the administration of organ donation initiatives in the States.
(b) Permissible Uses –
(1) For use by any government agency, including any court or law enforcement agency, in carrying out its
functions, or any private person or entity acting on behalf of a Federal, State, or local agency in carrying out its
functions.
18 U.S.C. §2722. Additional unlawful acts
(a) Procurement for Unlawful Purpose. — It shall be unlawful for any person knowingly to obtain or disclose
personal information, from a motor vehicle record, for any use not permitted under section 2721 (b) of this title.
18 U.S.C. §2723. Penalties
(a) Criminal Fine. — A person who knowingly violates this chapter shall be fined under this title.
18 U.S.C. §2724. Civil action
(a) Cause of Action. — A person who knowingly obtains, discloses or uses personal information, from a motor
vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the
information pertains, who may bring a civil action in a United States district court.
(b) Remedies.— The court may award—
(1) actual damages, but not less than liquidated damages in the amount of $2,500;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorneys’ fees and other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
18 U.S.C. §2725. Definitions
In this chapter…
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(1) “motor vehicle record” means any record that pertains to a motor vehicle operator’s permit, motor vehicle
title, motor vehicle registration, or identification card issued by a department of motor vehicles;
(2) “person” means an individual, organization or entity, but does not include a State or agency thereof;
(3) “personal information” means information that identifies an individual, including an individual’s photograph,
social security number, driver identification number, name, address (but not the 5-digit zip code), telephone
number, and medical or disability information, but does not include information on vehicular accidents, driving
violations, and driver’s status.[1]
(4) “highly restricted personal information” means an individual’s photograph or image, social security number,
medical or disability information; and
(5) “express consent” means consent in writing, including consent conveyed electronically that bears an
electronic signature as defined in section 106(5) of Public Law 106–229.
Louisiana Office of State Inspector General
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Office of Alcohol and Tobacco Control - Murphy Painter
APPENDIX A
Responses
Office of Alcohol and Tobacco Control - Murphy Painter
Louisiana Department of Revenue’s
Response
Office of Alcohol and Tobacco Control - Murphy Painter
Murphy Painter’s
Response
Office of Alcohol and Tobacco Control - Murphy Painter
APPENDIX B
Additional IG Comments
Office of Alcohol and Tobacco Control - Murphy Painter
Inspector General Comments
Murphy Painter
In his response, Mr. Painter incorrectly claims that our report fails to address
tobacco licensing issues. OIG’s investigation included a comparative analysis
between the list of all inquiries conducted by Mr. Painter and internal ATC
databases that are inclusive of all individuals licensed or permitted by the ATC.
The results of that comparison are included in our report.
In his response, Mr. Painter also makes a specific request under Brady v.
Maryland, 373 U.S. 83 (1963) for any evidence which may be exculpatory, i.e.,
favorable to the defendant and material to guilt, innocence or punishment. OIG is
thoroughly familiar with the Brady decision, which established clearly that
prosecutors have an affirmative duty, as a matter of constitutional law, to disclose
all known exculpatory evidence to the accused in a criminal proceeding.
Although this matter is being referred to prosecutors to decide whether criminal
charges are appropriate, no such charges have been filed to date. Mr. Painter’s
request is therefore premature and misdirected. In the event that formal criminal
charges are filed, Mr. Painter may direct this request to the prosecuting agency
at the appropriate time.
OIG has carefully examined the remainder of Mr. Painter’s response, and stands
by its report and recommendations.
Thirty-eight copies of this public document were published in this first printing at a cost of
$227.18. The total cost of all printings of this document, including reprints is $227.18. This
document was published by the Office of State Inspector General, State of Louisiana, Post
Office Box 94095, 150 Third Street, Third Floor, Baton Rouge, LA 70804-9095 to report its
findings under authority of LSA-R.S. 39:7-8. This material was printed in accordance with
the standards for printing by state agencies established pursuant to LSA - R.S. 43:31.
A copy of this report has been made available for public inspection at the Office of State
Inspector General and is posted on the Office of State Inspector General’s website at
www.oig.louisiana.gov. Reference should be made to Case No. CID-11-007. If you need any
assistance relative to this report, please contact Greg Phares, Administrative Program Director
at (225) 342-4262.
REPORT FRAUD, WASTE, AND ABUSE
To report alleged fraud, waste, abuse, or mismanagement relative to state programs or
operations, use one of the following methods:
• Complete complaint form on web site at www.oig.louisiana.gov
• Write to Office of State Inspector General, P. O. Box 94095, Baton Rouge, LA 708049095
• Call the Office of State Inspector General at (225) 342-4262
