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Dan Coste

MICROSOFT
THE GUARDIAN ANGEL
Vol. 1

DAN COSTE
Email: danionescu20002000@yahoo.com
Publisher: Aldo Press, Bucharest
ISBN: 973-701-025-6

Bucharest, June 2010

As a motto

Microsoft Ireland Operations Limited:

Microsoft guarantees to defend the


Romanian Government against any claims raised
by a third non-affiliated party and we will pay the
sum established by a final judicial decision (or
according to a transaction agreed by us):
- claims referring to a commercial product
or remedy that violates the patent, copyright or
trademark or illegally acquires the commercial
secret, or
- claims according to which any service
deliverables violates copyrights or trademark or
illegally acquires a commercial secret,
You have the obligation to notify us
promptly, in writing, about any such claim and
you will grant to us exclusive control in
defending you against this claim or in
transacting the claim.

MICROSOFT

In case we receive information about a


violation claim regarding a commercial product,
remedy or service deliverable, we may, on our
own expense and without any obligations, (i) to
obtain for you the right to continue using the
product, or (ii) to modify the product, remedy or
service deliverable or to replace it with an
equivalent having the same functionality, in
order to stop representing a violation, case in
which you will immediately cease to use the
product, the remedy or the service deliverable on
which the claim was raised.

FOREWORD
Most of the country's population experiences
the feeling that they live in a corrupt or a very corrupt
country; and justice is among the most corrupt (to
the bone) state institutions. Romania has so far
received the greatest number of condemnations
from the European Court of Human Rights because
of the Romanian justices failure to comply with civil
and property rights. Due to the amount of over 12
million euro in compensation - that was summoned
to pay to those who suffered from a corrupt justice our country holds the first position in the European
Union in this shameful ranking. Recently, probably in
world premiere, a judge from a State Supreme Court
of Justice has been put behind bars to be held for
investigation and then sent to court. It is judge Florin
Costiniu, involved in a corruption scandal, its main
subject being PSD Senator Ctlin Voicu. Costiniu
was released after two days of detention by his
fellow judges in the High Court of Cassation and
Justice.
As an investigation journalist, with decades of
expertise in the field, I am among those who have
long since come to believe that the Romanian justice
is among the most corrupt state institutions. If people

MICROSOFT

only perceive this cancer that is consuming the


Romanian society, me myself, I have confronted it on
hundreds of occasions.
I have had to do with men, facts,
circumstances, confrontations, unmeasured pride
and foolish ambitions, which were displayed both in
and outside courtrooms. Because of my boldness to
interfere with the dirty business of one or another, I
played the defendant`s part in about 100 criminal
and civil cases, being dragged into police
departments, Prosecutor`s Offices, courts and
tribunals. With the help of God Almighty, the charges
against me have all been dropped by the courts and
the prosecution authorities based on the evidence
that I have presented to support the articles
published in several newspapers and magazines. In
addition, I was called before the Honorable Council
of the Romanian Press Club (CRP), chaired by the
famous Cristian Tudor Popescu and the no less
famous Mihai Tatulici, to give explanations about my
disclosures on high-level corruption and intelligence
theft, which I had been proving in the articles
containing many testimonies.
During all this time I had the opportunity to
observe how some litigants "died" with justice on
their side, because justice representatives motivated
their decisions in black and white, stating that white
was black and vice versa.
If we were to believe some analysts who
consider that Romania is not (figuratively speaking)
in Europe but in the East, corruption notably, and
bribery and influence peddling - in particular, should
not be regarded as a sad reality; but as a state of
mind or as a second nature of the Romanian people,
from the poorest to the wealthiest. We all bribe

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happily and resort to acquaintances when we are in


need for something. It is a state of normality and not
the exception from the rule. Then why are we taken
by surprise when the civilized countries place
Romania among the most corrupt in the world? We
have the corruption that we deserve just as we
fondly and joyfully elect our corrupt leaders every
four years.
Judges are among the most privileged
categories of our country, having many-figure
salaries. They have been allegedly given money to
avoid the possibility to be corrupted. However, as
corruption is already ingrained in the blood of many
of them, the attempt has proved to be futile. The
more goods and values they have, the more they
long for. A similar case is that of doctors, who have
been complaining for twenty years for being
underpaid and that is the truth. Nevertheless,
nobody has seriously discussed yet the matter of
incompetent doctors, nor has asked why only so few
have been removed from the medical system
because of malpraxis. In addition, on the top of them
all, I would like to express my great bewilderment: if
doctors are so poorly paid, why does everyone have
luxurious apartments, holiday homes and the most
expensive cars only after a few years practice?
Where does the money come from? - because they
doubtly come from salary.
During
the
hundreds
of
journalistic
investigations that I have accomplished, I faced all
sorts of situations, some more unusual than others.
However, of all, one far surpasses them and that is
why I have decided to write about it. This book is
nothing but the astonishing introduction to a true
story that to a normal person would rather resemble

MICROSOFT

a science fiction story. Perhaps other volumes will


follow, containing all the implications of the matter,
often inconceivable for a healthy mind.
In a few words, it is about an intelligent man
who created software intelligence recognized and
awarded at both European and international level.
Soon, the product was pirated and a genuine, wellorganized network has begun to take advantage of
his work. A network coordinated from a high level
byhigh-ranking civil servants.
When he complained to the competent
authorities, he found himself placed in charge and
investigated, dragged through courts and receiving
threats even from senior police officers within the
General Inspectorate of the Romanian Police. Who,
fierce defenders of the law, "warned him" that if he
did not calm down, he would lose his right to leave
the country (although he has both Romanian and
Swiss citizenship) and there will be always the risk
that something bad might happen to his family.
To silence him, after two previous attacks and
based on proven false documents, furthermore a
house was stolen from him. Hard to believe, huh?
However, it is the truth. Except that, after
nearly six years, justice is still to come. Moreover,
one of the judges who decided that black is white is
Viorica Costiniu, from the Bucharest Court of Appeal,
none other than the wife of judge Florin Costiniu
from the High Court of Cassation and Justice,
detained, released and investigated for corruption
within the mafia-type of group coordinated by
senator Ctlin Voicu.
By the end of 2009, during a meeting myself
as special reporter at Cotidianul daily with the
Romanian Prosecutor General Laura Codrua Kovesi

THE GUARDIAN ANGEL

and Marius Iacob, chief prosecutor of the


Department of Criminology and Criminal Prosecution
within the Prosecutor's Office of the High Court of
Cassation and Justice (PICCJ), I was informed that
the National Anticorruption Directorate (DNA) no
longer has any files older than two years. At that
moment, I brought into discussion the case of the
intelligence theft from OMNIS GROUP LLC,
unsolved for over six years, corroborated with the
theft of a house belonging to the owner of this
company. The two looked deeply and with meaning
into each others eyes, and following that, Iacob
gave us the following statement: "I am acquainted
with the case, but the things are more complicated,
given the complexity of the file. It is for this reason
that it takes longer."
Aha!

CHAPTER I
If You Are Not Part of the Solution,
You Are Part of the Problem
The owner of OMNIS GROUP left the country
during Ceauescu`s regime and returned in 1990,
but not with a lot of money to trade or to invest in no
matter what, and later to exploit the investment. Nor
did he come back with promises and bribes in return
for which to conclude contracts with the state. The
man has invested in Romanian intelligence, in order
to prove that Romanians are not more stupid than
others, but on the contrary. The consequences of
this audacity are presented below.
Established in 1990, OMNIS GROUP LLC
was the first Romanian company established
exclusively for software development. The company
employed during 1990 - 2000 over 100 young
people, graduates of the Faculty of Computer
Science, Cybernetics and Informatics in Romania, at
the end of 2000 having 48 permanent employees.
OMNIS was also the first Romanian partner of the
American giant Microsoft.
Due to ten years of hard efforts and
investments, in 2000 OMNIS created the first
Romanian original ERP product (Enterprise
Resource Planning) the ISIS system - recognized

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MICROSOFT

and appreciated as such by Microsoft Corporation.


The software was presented on Bill Gates
company`s intranet as one of the best eight products
in the world at that time.
The ERP system is a software tool that
facilitates the integration of all the information of an
organization into a unique platform. The goal of ERP
is to ensure data transparency within the
organization and to facilitate access to any type of
useful information to support the activities.
Application areas are production (planning, tracking
and controlling), management (stock inventories,
suppliers, payments and receipts), human resources
and payroll (salary calculation and staff information
management), accounting (financial accounting
records), assets (fixed assets management and
depreciation),
CRM
(customer
relationship
management), business intelligence (reports,
analysis, forecasting).
In 2001, in the "Microsoft EMEA RAD Awards
competition held in Amsterdam, OMNIS GROUP
LLC won the first prize for the best ERP product in
Europe, named ISIS.net. This happened by the time
when the company of Bill Gates had not been
developing such a product. More than that, in
another competition organized by Microsoft
Corporation, in Paris in 2002, it won yet another
prize for the best use of open Internet technologies.

The Wicked Protocol


At a first glance, the following subsection
would have nothing to do with the subject of this

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13

book. Nevertheless, things are not like that, as we


shall see. Especially because Senator Ctlin Voicu,
the first Member of Parliament to be arrested under
suspicions of high-level corruption, was part of the
secret structure that we will refer to as follows. The
financier Sebastian Vldescu has also significantly
benefited from the secret and illegal services of a
dubious institution to which establishment he
contributed, in 1998.
Following the criticism of the European Union
that Romania has no structure to fight against
corruption, in 1998 was founded the most feared
Secret Police structure since the Revolution. So
feared and so secret that, to this day, no one knows
whether it is still operating or not, for what purpose,
who chairs it and where does its money come from.
All key decision-makers who could provide
information about these issues are struck by
amnesia or refuse to provide explanations for the
legitimate questions of the public opinion. Note that,
at the time of this structure`s establishment, there
was no legal framework to regulate such an activity.
During Radu Vasile`s governance, a protocol
was signed among different ministries for the
purpose of cooperation in the fight against
organized crime and corruption, which stipulated the
establishment of the INTERFORCES NATIONAL
UNIT. And this was based on the permanent activity
of the CENTRAL OPERATIVE GROUP (GOC),
unrelated to what we understand by criminal
investigation, but based on the creation of
intelligence files meant for blackmail, operative
games and combinations" etc., even for a
preventive purpose". The structure received funds

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MICROSOFT

from the Ministry of Public Finance and was


coordinated by the chief of the anticorruption,
criminal investigation and forensic section within the
General Prosecutor`s Office. Component entities
were (and probably still are, since so far nobody has
declared the abolishment of GOC): the Ministry of
Justice (Valeriu Stoica), the Public Ministry, the
Ministry of Interior (Gavril Dejeu), respectively: the
Romanian Intelligence Service (Costin Georgescu )
and the Foreign Intelligence Service (Ctlin
Harnagea).
GOC Structure:
1. General Mircea Zrie - Deputy Attorney
General
2. Secretary of State Liviu Popescu
3. Major General Nicolae Berechet
4. Major General Anghel Andreescu
5. Major General Nicolae Oprea
6. Major General Virgil Ardelean aka. The Fox
7. Major General Ionel Crciun
To a further notice, the surveillance, the audio
and video interceptions and the illegal creation of
intelligence files by the GOC targeted businessmen,
a broad category of civil servants, MPs, politicians,
members of the civil society, etc. It must also be said
that the group co-opted employees from the
country's most important intelligence services, from
the Ministry of Interior, as well as experienced
prosecutors, who, in time, have not at all been
affected by the political regimes that have
succeeded to the government of the country, thanks
to the potential of the information gathered during
GOC activities.

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15

It was only in the early months of 2000, after


functioning "secretly" for more than a year, that GOC
released a PLAN OF MEASURES (see Annex 1 at
the end of the book), which apparently turned it
legal. The National Anticorruption Prosecutor`s
Office, the current National Anticorruption Directorate
was not established at the time.
Beyond the declared purpose of keeping the
so-called state secret and preventing corruption,
GOC took possession of much information that, over
time, was proven to having been used as methods of
blackmail, defamation, intimidation and other similar
illegal acts. On paper, this secret structure operated
until August 2001 when another one replaced it,
again shared among different ministries and planned
by Prime Minister Adrian Nstase. Thus the
NATIONAL COUNCIL for CRIME PREVENTION was
born. In March 2005, this invention was also
replaced by Clin Popescu Triceanu`s team with
the COUNCIL for the COORDINATION of the
NATIONAL
ANTICORRUPTION
STRATEGY
IMPLEMENTATION, which operated until 2007.
What is the common denominator of all these more
or less secret structures? An evident INEFFICIENCY
and the creation of Secret Police files. The efficient
results achieved by these bodies were limited to
exposing several low ranking police officers in the
villages, who had been bribed with two hens or a
suckling pig, or a customs officer who had tarnished
his reputation with the 200 $ he received, because
he had a large family and an insufficient salary.
Otherwise, nothing.
Nevertheless, there is also something
interesting: no one can really say whether GOC is

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MICROSOFT

still operating today or not, even in an extremely


secret manner. Interviewed by the press, Emil
Constantinescu (former President of the country),
Mircea Zrie (former coordinator of the GOC),
Valeriu Stoica (former Minister of Justice) and Costin
Georgescu (former Romanian Intelligence Service
Director) shrugged their shoulders, looking helpless
or amnesic. Only general Berechet was as accurate
as possible in a statement given to ZIUA daily: "The
mechanisms still exist and as for operating, they are
still functional. On what money and serving who, he
no longer specified.
Throughout its uncertain existence, the activity
of GOC must have been a laborious one. Because
the people involved in this Secret Police structure,
real professionals, did not just sit around doing
nothing, only being content to collect fat salaries
from taxpayers` money without doing anything. Files
after files had been created, then archived and some
made public and capitalized on at the right moment.
As it is not known whether GOC is currently
operational or not, it is also not known what
happened to the files created by the structure`s
intelligence agents or who has possession of them.
One should eventually solve this dilemma.
Another crucial detail of the case, which is the
subject of this paper: in early 2000, the financier
Sebastian Vldescu had reserved, in the National
Registry of Commerce, the name ROMANIAN
SOFT COMPANY, to later establish this limited
liability company. Vldescu was a state secretary in
the Ministry of Public Finance (which was financing
the operation of GOC), taking benefits from the

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17

"activities" performed by the structure that also kept


under surveillance, operatively and secretly,
successful businessmen.
It is worth mentioning a press release of a socalled Anti-Corruption Secret Service, also secret,
but that does not seem to be a state structure, since
it harms GOCs obscure activities:
GOC represents the institutionalization - at
state level - of the mafia inside the Police, especially
in the offices dealing with the fight against organized
crime, which has constituted a legal framework in
order to extend its criminal activities, from harbor
stealing to stealing the national economy and, in the
future, from the European Funds allocated to
Romania.

Secret Partnership
In February 2001, apparently unrelated to the
disputes that were to follow several years later
between OMNIS GROUP LLC and ROMANIAN
SOFT COMPANY LLC, the Adrian Nstase
Government set up the Romanian Information
Technology
Promotion
Group
(Romanian
Government Decision RGD - no. 271/2001), based
on a strategy elaborated by Dan Nica, Minister of
Communications and Information Technology at that
time.
Among the main attributions of the newlycreated structure, we mention:
- approval of guideline projects and their
related annual budgets, from the field of

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communications and information technology, in


public institutions;
- approval and coordination of projects of
more than 100.000 euro from the field, implemented
in public institutions and national or commercial
companies / corporations, in which the state is the
major shareholder;
- approval of projects in communications and
information technology that require government
guarantees;
- the main credit release authorities will
approve and coordinate projects of less than
100.000 euro in the field of communications and
information technology.
The group is composed by:
- The Prime Minister - Chairman;
- The Minister of Finance;
- The Minister of Administration and Interior;
- The Minister for the Coordination of the
General Secretariat of the Government;
- The Minister of Education and Research;
- The Minister of Communications and
Information Technology;
- The Minister-Delegate to the Ministry of
Education and Research - for research activity;
- The Secretary of State for the Ministry of
Communications and Information Technology Secretary.
Art. No.5. in RGD 271/2001 also stipulates
that the Romanian Information Technology
Promotion Group may delegate to certain persons
outside the group the expertise on project
management and targets achievement established

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19

by that decision.
On top of it, on September 17 2003, in Rome,
ignoring any competition, the Nstase Cabinet
signed with the company of Bill Gates a Strategic
Government-Microsoft Partnership. In addition, over
six weeks, in the greatest secrecy, the two parties
signed the GSP (Government Security Program) on
Microsoft's source code.
Within the Government Leaders Forum
(GLF) in Rome, Steve Ballmer, Microsoft CEO, and
Dan
Nica,
Minister
of
the
Ministry
of
Communications and Information Technology
discussed about the use of technology in
modernizing governments and their interaction with
the citizens. At the same time, it was signed a Letter
of Intent on Strategic Partnership between the
Romanian Government and Microsoft. The GLF
work focused on the European Union goals to
become, by 2010, the most dynamic, competitive
and sustainable knowledge-based economy.
In Rome, Dan Nica also mentioned the egovernment projects and, as well, those developed
for the implementation of the computerized
education system. The official also highlighted the
benefits of the electronic auction mechanism, the
significant amount of savings and the high security
level achieved by using Microsoft technology.
After the signing ceremony of the Letter of
Intent, Steve Ballmer stated: "I am amazed by the
rapid pace of development, the ambition and the
efforts of the Romanian government to make the
transition to online, to use the Internet and the
electronic techniques for saving public money and to

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MICROSOFT

place itself in the international field as a leader in


using information technology. We appreciate the
existing high-caliber talent on the Romanian market,
especially in mathematics and computers.
Despite these pompous declarations, by
seeking additional information on the Microsoft
website, I have not found any press release about a
Strategic Partnership with the Government of
Romania neither under the "Press Releases"
heading, nor under "Top Stories".
Instead, the Romanian Microsoft website
clearly states in Romanian that Steve Ballmer Microsoft CEO and Minister Nica signed the Letter
of Intent for Strategic Partnership between Romania
and Microsoft Corporation; and it was certainly not
just some Strategic Partnership, as the ministry
claims in its own press release.
The preliminary stages that we have
mentioned would lead, on April 15 2004, to the
signing of Contract no. 0115RO between Microsoft
Ireland Operation Limited and the Romanian
Government, by which the company becomes the
Guardian Angel of the Romanian IT market.
An agreement was concluded for renting, in
the period 2004 2009, 50.155 licenses worth U.S.
$ 54,567,465 plus VAT, the amount being later
increased, by granting new licenses and contracts
addenda, to U.S. $ 111.86 million.

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21

Strategic, Omnipotent Arbiter of the


Romanian IT Market
Alike any contract, the parties that hold each
other in respect should impose their terms on each
other, while assuming certain responsibilities. The
Romanian part limited to the standard ones,
commonly present in most commercial contracts.
However, the Americans had additional claims,
accepted without objection, by the Information
Technology Promotion Group. We quote:
The following actions are forbidden:
- Separation of components of a product that
contains multiple components, by operating them on
distinct computers, by upgrading or downgrading
them distinctly, or by separately transferring them,
unless otherwise indicated in the rights to use the
product;
- Renting, lending or owning products or
service deliverables, unless otherwise agreed by us
in a separated agreement;
Deconstruction,
decompilation,
disassembling of products, service deliverables,
remedies, unless otherwise explicitly stipulated by
the law, regardless of this restriction.
At the same time, Microsoft is committed to
defend the Romanian Government against any of
the following claims raised by a third non-affiliated
party, and it will pay the sum established by a
definitive judicial decision (or according to a
transaction agreed by us):

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MICROSOFT

- claims referring to a commercial product or


remedy that violates the patent, copyright or
trademark or illegally acquires the commercial
secret, or
- claims according to which any service
deliverable violates copyrights or trademark or
illegally acquires a commercial secret,
You have the obligation to notify us promptly,
in writing, about any such claim and you will grant to
us exclusive control in defending you against this
claim or in transactioning the claim.
In case we receive information about a
violation claim regarding a commercial product,
remedy or service deliverable, we may, on our own
expense and without any obligations, (i) to obtain for
you the right to continue using the product, or (ii) to
modify the product, remedy or service deliverables
or to replace it with an equivalent having the same
functionality, in order to stop representing a violation,
case in which you will immediately cease to use the
product, the remedy or the service deliverable on
which the claim was raised. In case that, following
the raise of a violation claim, a court of law will forbid
the use of a commercial product, remedy or service
deliverables, we, at our own choice, will either obtain
the right to continue using it, to be replaced with a
functional equivalent, to modify it according to laws
and regulations or we will return the costs and we
will terminate the licensing contract for the product,
remedy or service deliverables for which the claim
was raised.

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23

As a conclusion, by signing Contract


0115RO, the Romanian part granted the American
part the right and the obligation to arbitrate the
Romanian IT market. It also granted them the
right to decide over the Romanian IT policy and
the transfer of national, creative, innovative and
intellectual resources into the field of software
development and publishing, as shown later on.
The most important state institutions that have
benefited from Microsoft licenses are the following:
- The Ministry of Justice;
- The Ministry of Administration and Interior;
- The Ministry of Defense;
- The Public Ministry;
- The Ministry of Health;
- The Ministry of Culture and Religious Affairs;
- The Ministry of Agriculture and Rural
Development;
- The National Anti-Corruption Department;
- The National Office for Prevention and
Control of Money Laundering;
- The National Administration of State
Reserves;
- The Ministry of Transport, Constructions and
Tourism;
- The Ministry of Education and Research;
- The General Secretariat of the Government;
- The Prime Minister`s Office;
- The Financial Guard;
- The Ministry of Economy and Commerce;
- The Ministry of Public Finance;
- The Ministry of Environment and Water
Management;

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MICROSOFT
- The National Institute of Statistics.

A week after signing contract 0115RO, the


Political Investigations Group led by Mugur Ciuvic,
former presidential adviser of Emil Constantinescu,
published the following article:
A few days ago, the Romanian Government
informed that it would pay U.S. $ 54,500,000 to buy
Microsoft
licenses
for
the
central
public
administration. The huge sum paid with public
money and the total lack of transparency of this
business raise big suspicions towards the
opportunity and legality of this contract, as well as
regarding the Governments responsibility for public
money.
The Government Decision no. 470 of April 1
2004, signed by Dan Nica, minister of
Communications and Information technology, Eugen
Bejinariu, minister for the coordination of the
Governments General Secretarial Offices (SGG)
and Mihai Nicolae Tnsescu, minister of Public
Finances, granted to the SGG the approval to sign a
contract for the acquisition of Microsoft products.
The sum for buying Microsoft licenses is huge
.The 54,5 million U.S. dollars public money that the
Government pledged to expend are meant to cover
licenses for 50,000 computers - much more
computers than currently exist in the central public
administration.

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25

More than that, since the beginning of the


Iliescu-Nstase leadership, the public administration
institutions bought many thousands of new
computers. For example: In January 2002, the
National House for Pensions and Other Social
Insurance Rights bought 759 computers; in
November 2002, The General Customs Directorate
bought 602 computers, in November and December
2003, the National Commerce Registry Office bought
1,494 computers, the Labor Inspectorate bought 782
computers. Even the SGG bought 83 new computers
several months ago.
There are two options: either these computers
were bought without necessary licenses, which
means that people who performed the acquisitions
are irresponsible and broke the law, or they were
bought together with licenses, which means that the
50,000 licenses contract is useless and proves the
authorities disregard of public funds.
When signing this contract, the minister
delegate for the coordination of SGG, Eugen
Bejinariu, declares that closing this contract means
a clear signal for entering into normality and legality
for all Romanian institutions. This implies as clearly
as possible that up until April 15 2004, the central
public administration institutions were operating
illegally. The nonchalance of the statement that the
central administration broke the law for 3 years is
incredible.
However, our confusion increases when we
try to understand why such a big sum was paid on

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MICROSOFT

licenses. The contract between the Government and


the Austrian company Fujitsu Siemens Computers
GmbH refers to the basic platform operating
system, Office applications, Client Access license
that allow a workstation to access network servers,
for 50,000 PCs and 1,500 servers. The contract also
states that the upgrade versions of these programs
will be delivered free of charge.
Let us take them one by one. Windows XP
Professional together with the MS Office complete
package cost, taking a normal discount for volume
licensing, about 500 USD. A license Client Access is
no more than 50 USD. For 50,000 computers, the
total sum rises to about 27.5 million USD. Cost of
licenses for the 1.500 servers is around 1,200 USD
per server, which is about 1.8 million USD in total.
Hence, for the acquisition of the licenses, the
Government should have paid at most 29.3 million
USD.
When calculating the sum, we did not take
into account the existence of the strategic
partnership between the Government and Microsoft,
partnership that provides special conditions
provision that, in a good sense, stands for important
discount.
To conclude, for a contract of at most 29.3
million USD, the Romanian Government pledged to
pay 54.3 million USD from public funds. It cannot be
explained economically the difference of 25 million
USD (825 billion lei).

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27

Starting from 2001, the acquisition of


computers was a real passion of PSD (Social
Democrat Party) public administration officials. The
manner in which institutions that should use their
budget for social projects expend public funds to buy
computers is shocking.
Here are just two examples: In 2003, the
Social Security Directorate of Bucharest District 2
bought 30 computers for 1,500 USD each, while a
performant computer may be found at any
specialized store with half this price.
The Labor Inspectorate bought, in 2001, 307
computers and 99 printers. After less than 2 years, in
March 2003, the Labor Inspectorate bought 475
more computers paying about 1,200 USD per
computer.
The Popular Action asks the SGG to inform
the public opinion if the computers in Romanias
public administration were operated without licenses
between July 2001 and April 2004.
We also ask SGG to document the 25 million
USD difference between the market price of licenses
and the public funds paid by the Romanian
Government.
The Popular Action asks the Romanian
Government to explain why it was necessary to buy
licenses in April 2004 when the central
administration bought tens of thousands of
computers since 2001.

CHAPTER II
How to Die with Justice on Your Side
In November 2004, the management of
OMNIS GROUP discovered on the website of
ROMANIAN SOFT COMPANY (RSC) - at that time
an insignificant company in the IT field - almost
identical copies of the ISIS and ISIS.net software
applications that they owned, software protected by
registration into the Registry for Computer Programs
within the Romanian Office for Copyright (ORDA). It
is to be emphasized that one important associate of
RSC LLC was Sebastian Vldescu, former and
current Minister of Finance in the Boc 4 government.
In addition, it must be specified that RSC was
founded in 2000, having only one employee, and in
2002 - two employees. Given the circumstances, it
would be unconceivable to believe that this company
had the ability to develop a technology on which
OMNIS had worked for years and with dozens of
employees. It is important to mention that, during
that same period of reference, OMNIS GROUP had
between 40-45 employees.
In addition, also in 2002, by who knows what
tricks, the two employees of RSC LLC received an
amount of 50.000 euro from PHARE funds for
software development.

30

MICROSOFT

The financing source: RO 0007.02.01


associated to the Call for Proposal CP 1/2001
published on May 20, 2001. The project was named:
Development and selling software HIS (Hospital
Informational System) for medical management,
creation and selling three new software products.
And one more relevant specification: In 1998,
Sebastian Teodor Gheorghe Vldescu and several
partners, including future Prime Minister Clin
Popescu Triceanu, became associates and
founded together LEADER HIGHT-TECH LLC. The
next year, the company reached the substantial
turnover of over nine billion ROL (562.099 euro at
the time) after which no longer had any activity.
Although the company still exists today, Prime
Minister Triceanu has strangely forgotten to
mention it in his statement of interests, at his
investment as leader of the Romanian Government.
Back to the ISIS and ISIS.net software piracy,
let us see how this was possible.
Two employees of OMNIS GROUP LLC,
Drago Sracu and Irinel Lupei, co-opted and
trained for software development by OMNIS while
they were still students, suddenly left the company
for RSC LLC, sometime in 2003. Having unrestricted
access to the source code of the ISIS.net system,
they did not leave empty handed, but with the copy
of those applications. Based on them, RSC LLC
released HIPOCRATE-AMBULANA, CARE.NET
and ARES.NET applications, subsequently gaining
many contracts. But first, the company entered the
IT market and got to be known following the
suspicious donations made to the Romanian

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31

Intelligence Service hospital (Prof. Dr. Agrippa


Ionescu) and to the Ministry of Interior hospital (Prof.
Dr. Dimitrie Gerota). These shrewd donations gave
legitimacy to the company on the market, by later
ensuring the success of the business. Because the
investments in the software development had been
minimal, respectively the recruitment of the two
OMNIS GROUP employees, RSC had enough
money to make such donations. In addition, this way
they could also justify the successful spending of the
50,000 euro received from European funds.
The owner of OMNIS GROUP and several
specialized expertises have repeatedly proven,
beyond any doubt, that the ISIS.net software
application had been stolen, and that it was on this
foundation that the HIPOCRATE-AMBULANA,
CARE.NET and ARES.NET applications have been
developed. Up until now, inexplicably, in spite of all
the undeniable evidence, the black robes and other
state authorities have had diametrically opposed
opinions. Judge Viorica Costiniu, from the Bucharest
Court of Appeal, issued the decisive ruling in the
matter, thus legalizing the intelligence theft. She is
none other than the wife of Judge Florin Costiniu,
President of the Civil and Intellectual Property
Section of the High Court of Cassation and Justice
of Romania, investigated for corruption in senator
Ctlin Voicu`s file.
Viorica Costiniu`s decision in case no.
16.828/3/2007 is downright bizarre: "The expertise
report concludes that the statements of the ORDA
experts, regarding the important weight of similar
program parts, are not valid. The similarities may be
due to the utilization of public Microsoft .net

32

MICROSOFT

technologies.
At this point, we should mention certain
details:
- Viorica Costiniu has no training in the field of
copyright or other related fields. Instead, she has a
spouse that is a superior judge involved in a serious
corruption scandal.
- ORDA is the unique control and coordination
state authority in the field of copyright.
- The expertise mentioned by the magistrate
was carried out by a specialist in computers and not
in computer programming and even less in
copyright, which was the best option of the police
authorities, chosen during the prosecution of the two
defendants. Furthermore, his magnificent expertise
is contradicted not only by the repeated findings of
ORDA specialists, but also by the expertise of other
authorities in the field, as shown in the annexes at
the end of the book;
- Judge Costiniu was in no mood to take into
account the evidences brought into the case by
OMNIS GROUP, proving the anteriority of the
ISIS.net pirated software application in relation to
Microsoft Navision 3.60 software which, as the
defendants argued, would have inspired them to
create their own application, HIPOCRATE. The
evidences also prove the originality, uniqueness,
innovation and creativity features of ISIS, whose
author and rightful owner OMNIS GROUP is,
according to the Romanian, European and
international legislation;
- In her thorough deliberation, Viorica Costiniu
further noted that the similarities between the RSC
LLC and the OMNIS GROUP LLC software
applications are due to the fact that they are based

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33

on an original product belonging to Microsoft


meaning Navision 3.60 which could be accessed
for free on the Internet. What the judge has not been
able to notice was that ISIS.NET had been created
and even recognized as the best ERP product in
Europe, prior to Microsofts purchase of NAVISION
Denmark;
- Furthermore, the four million lines of source
code written by OMNIS and registered with ORDA
are the result of about 5.300 months/developer work
of software development between 1990 and 2003.
During most of this period, RSC LLC did not even
exist, after its establishment having one or two
employees, its only IT specialists being the two
young people trained by OMNIS GROUP and who
had been recruited altogether with the ISIS.net
software application. Moreover, up to Navision`s
purchase from Denmark, Microsoft had not
developed ERP applications. In addition, the Danes
did not even participate with their application in the
contest in which OMNIS won the first prize for the
Best ERP in Europe, as Navision 3.60 was far from
being competitive.

The
Bewilderments
of
an
Investigative Journalist, an Endangered
Occupation in Romania
As special reporter at ZIUA newspaper, I have
been involved in this case since March 2005. Initially,
I believed that I had to handle a minor and obvious
case of intelligence theft, which would be easily
labeled and condemned as such, and the guilty punished. I was not even dreaming at that time how

34

MICROSOFT

wrong I could be. For increased narration accuracy, I


insert the complete article published in ZIUA, on
March 7, 2005:

Software Piracy
OMNIS GROUP LTD., the first private
software company in Romania, was founded in
1990. Six years later, it became the first Romanian
Microsoft Certified Partner, winning many prizes at
international IT competitions. In November 2004, the
OMNIS GROUP management found out that the
Internet site of ROMANIAN SOFT COMPANY
displays copies of OMNIS GROUPs software
programs ISIS and ISIS.NET, programs protected by
previous registration in the Computer Programs
Registry at the Romanian Copyright Office (ORDA).
The thieves are former OMNIS GROUP
employees
The reproduction of the two programs under
distinct names was possible because ROMANIAN
SOFT COMPANY, owned by Sebastian Vladescu,
former secretary of state in the Ministry of Public
Finance between 1997 and 2000, employed two
programmers that worked at OMNIS GROUP,
Dragos Saracu and Irinel Lupei. After leaving the old
job, Saracu and Lupei, which had unrestricted
access to the source code of ISIS and ISIS.NET
systems, have stolen the two programs. Based on
this theft, the ARES.NET, CARE.NET, AMBULANTA
and HIPOCRATE programs were developed and
then sold to many customers. The list of customers

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35

include approximately 20 hospitals, clinics and


emergency services, the Town Hall of the 3rd District
in Bucharest, Porsche Romania, Toi Toi & Dixi
Romania, and others.
PHARE funds used for the theft
In order to stop the illicit activity of Vladescu
and his former wife's company (he divorced her and
then he married his goddaughter, former wife of
deputy Boureanu), several official notifications were
sent to the General Police Inspectorate of
Bucharest,
General
Communications
and
Information Technology Inspectorate, Romanian
Copyright Office, Ministry of Administration and
Interior, Ministry of National Defense, as well as to all
the customers of the pirated software. The OMNIS
GROUP management also found out that the
distribution of the illegally copied program is
performed by an entire network of companies
controlled
by
Sebastian
Vladescu.
These
companies are SC MEDIST SA and MEDIST LTD.,
involved in many contracts with state institutions,
based on public funds. At the same time,
ROMANIAN SOFT COMPANY LTD. benefitted in
2002 by 50.000 EUR PHARE funding, for the
purpose of developing and marketing three new
software products for administering the medical
activity in hospitals, products that were based on the
copied ISIS .NET source code. This happened
under the circumstances in which ROMANIAN SOFT
COMPANY was founded in 2000, had only one
employee in 2001 and two employees in 2002.

36

MICROSOFT
A Coffee Chat

To solve the case, OMNIS GROUP officials


requested to meet ORDA specialists. The meeting
took place last year, on December 8 (2004 A/N).
The expert Adrian Paunescu mentioned that, in
order to perform a control at the premises of
ROMANIAN SOFT COMPANY, he needs a mandate
from the prosecutor's office. In spite of this, he went
there barehanded and he did not acquire any
material evidences, the visit to Vladescus company
turning into a coffee chat. Odd enough, just one day
before the so-called control, the pirated programs
were deleted from the ROMANIAN SOFT
COMPANY Internet site. For a while, they tried to
launch the idea that the just-disappeared software
programs were only versions under construction,
with no real value. At this moment, the Fraud
Investigation Department of the Bucharest General
Police Directorate came into the scene, more
precisely the team composed of commissar Luigi
Sima and inspector Marian Ionita, which, unlike the
expert Adrian Paunescu, succeeded to collect
evidences that were submitted to the Romanian
Copyright Office. Following this action, the Office has
to admit, on February 8 2005, that Vladescus
company copied significant parts from OMNIS
GROUP programs.
Corruption at High Levels
The gravity of these actions consists of the
fact that software systems, which value is in the
range of millions of EUR, were stolen using a clever

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37

scheme planned and designed by a former (and


current A/N) high state official, with the clear
complicity of other influent individuals and by using
PHARE funds. The pirated products were sold to
state institutions that paid for them with public money
and that are today in the position to lose the right of
using the stolen programs.

Statements and expertises


As expected, the injured party claimed that it
had been shamelessly stolen, and the infringers
claimed that they were innocent and simon-pure.
Expertises, investigations and inevitable trials
followed.
In the criminal cases where they were
defendants, Drago Sracu and Irinel Lupei claimed
under oath, before the judges that, while they had
been working at OMNIS GROUP (i.e. at the interface
of the ISIS.NET software application), they based
their work on "examples of Microsoft (MSDN) official
documentation, on other examples on the Internet,
and also on knowledge gained up to that moment,
inside the company that had hired them, trained
them and contributed to their lifetime achievements.
Sracu even stated that he had been inspired by
certain well-known software applications, such as
Microsoft NAVISION. Allegedly, the similarities
between ISIS.net, on one hand, and HIPOCRATEAMBULANA, CARE.net, ARES.net on the other
hand, could arise from the fact that the same
Microsoft technology had been used for their
creation. Technology that not only was inferior, but

38

MICROSOFT

also it did not belong to the company of Bill Gates


almighty, because it had not been bought yet from
the Danes for $ 1.4 billion.
What the two failed to declare, in total
disregard of the truth:
- Over 5.000 source code lines had been
identically copied, including the programmer`s
imprint, even the grammar errors and the
misspellings.
- Of the 5.267 code lines belonging to the
ISIS.net software application and the 5.108 code
lines belonging to AMBULANCE and ARES.net
software applications that have been examined, a
total of 4.119 code lines / parts of code lines are
identical.
- Without the 4.119 code lines essential for
their functioning, the RSC software applications
could not even exist, subsequent developments and
modifications having as support the ISIS.net
concept.
- At the time when OMNIS GROUP won the
prize for the best European ERP product, Microsoft
had not been developing such a technology.
- At the time when OMNIS registered the
ISIS.net software application at ORDA the Registry
for Computer Programs - Microsoft did not have
such a technology.
- Only after a few months, Microsoft
purchased a Danish company for $ 1.4 billion,
including the NAVISION software application.
OMNIS had anteriority in the ERP area, at least on
the Romanian market. Hence, it was out of the
question that the defendants, accused of intellectual
piracy, could create any ERP product based on

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39

Microsoft technologies. If it happened, it was from


completely other sources.
Other
aspects
concerning
everything
presented so far, you can find in Annex 2.

CHAPTER III
Capo di Tutti Capi
At this point, we should review the facts for a
better understanding of the fraud. We are not
dealing with simple situations, easily understood by
anyone; in that case, this journalistic exercise would
have made no sense. When a thief steals a fowl
from the householder`s yard and he is caught, things
are extremely simple. The crime is proven and he is
thrown behind bars for five years. In our case, things
are extremely complicated and so are the
implications as they involve real money, with many
zeros. A lot of money and many zeros. Moreover, as
both prosecution and justice representatives do not
know how to handle the situation, or do not want to
create unnecessary complications for them, the
concept of justice turns into an illusion.
In the first half of the year 2002, MEDIST SA,
a company controlled by the same Sebastian
Vldescu, participated at an auction organized by
"Prof. Dr. Agrippa Ionescu SRI hospital for the
purchase of management software. It presented the
so-called HIPOCRATE software created by RSC
LLC a company that had only one employee at
that time, as an administrator, without IT
competence. For reasons that are a mystery to us,

42

MICROSOFT

but which should be observed by the criminal


investigation authorities, the contract won by
MEDIST was signed two months after the auction,
while the tendered and acquired software application
had not been registered with the ORDA Register of
Computer Programs. Eventually, the registration in
question happened only three months after the
auction. What tendered MEDIST and what the SRI
hospital purchased, is still a mystery.
Under the contract, Sebastian Vldescu`s
company installed for free an RTQC software for
centralized integration of quality control. Then, more
than a year after signing the contract, it offered free
the RTQC software application for centralized
recording of quality control the Romanian version
called HIPOCRATE, worth 120.000 euro excluding
VAT. In conclusion, according to the allegations of
the OMNIS GROUP owner, Sebastian Vldescu and
his companies sold to the SRI hospital a software
they did not own. Later on, they provided the
ISIS.net pirated software application instead.
Note that Agrippa Ionescu, after whom the
SRI hospital was named, was the husband of the
plastic surgery doctor Doina Ionescu. Widowed, she
married the famous admiral Emil Dumitrescu a.k.a.
Cico, also retaining her previous name. Doina
Dumitrescu-Ionescu was involved in the unexplained
death of a patient who died after an operation for the
removal of facial wrinkles. The case was hushed up,
and the doctor is still unpunished.
Although it had only two employees (and we
insist on this aspect), one of whom was an
administrator with no IT skills, on November 12,
2002, RSC LLC signed a sponsorship contract with

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43

Prof. Dr. Dimitrie Gerota Foundation regarding the


HIPOCRATE 1.0 software application, based on the
TELEPATH software application created by an Irish
company. HIPOCRATE 1.0, HIPOCRATE and later
on HIPOCRATE 2.0 are far from being the same, as
RSC representatives would like us to believe.
This time, the sponsorship was of 178,500
USD including VAT and coincided with the
employment of Drago Sracu at RCS LLC.
Founded in 1998, the "Prof. Dr. Dimitrie
Gerota" Foundation a so-called nongovernmental
organization - has actually activated and it still does
under the umbrella of the MAI hospital with the same
name, part of the necessary funds being obtained
from this relationship, with the complicity of the
Ministry and MAI`s Health Division.
By September 2002, RSC had registered with
ORDA the HIPOCRATE 1.0 software application, as
a condition required by MAI for the donation to be
accepted.
All of a sudden, in the documents, the
foundation was replaced by the MAI hospital having
the same name, "Dimitrie Gerota. The HIPOCRATE
1.0 informational system was valued at 178,500
USD, including VAT. Its use: "The informational
system offered as sponsorship is meant for activity
and management tracking across the whole
hospital."
Only that the foundation did not, nor does it
have, any hospital. This proves that, in fact, the
disguised donation was made to Gerota Hospital and
not to the foundation having the same name.
Furthermore, the donated information system was
granted only after Drago Sracu became manager

44

MICROSOFT

at RSC, in February 2003. At about the same time,


the MAI Directorate for Communications and
Informatics notified Gerota Hospital that the software
"meets the requirements.
Because the donation or sponsorship
scenario - call it as you please - raised too many
suspicions of corruption, the businesss puppeteers
found a new way to make it relatively legal. Prof. Dr.
Dimitrie Gerota Foundation expressed its intention
to freely donate the HIPOCRATE informational
system to the hospital having the same name (see
Annex 3). We will leave aside the fact that even
donating a donation is very likely an obscure
practice. In fact, allegedly, the Ministry of Interior had
not received a sponsorship from a limited liability
company controlled by Sebastian Vldescu, but from
a non-profit and non-governmental foundation.
Sounds nice, isn`t it?
In danger of being discovered, the hospital`s
manager at the time, Chief Commissioner Viorel
Rou (later retired on request) tried to cover up his
involvement in this dirty business. He addressed the
General Directorate of Information and Internal
Security (DGIPI) within the Ministry, former famous
Military Unit Doi -un sfert (UM 0215, "a quarter
past two"), requesting the necessary approval for the
acceptance of the donation. Approval that was
quickly issued by the head of the unit itself, the wellknown police officer Virgil Ardelean a.k.a. the Fox.
Equally interesting in this equation with a lot of
unknowns is the fact that eight months later after
DGIPI`s approval, the RSC LLC representatives
required the Gerota Hospital to sign a maintenance
contract for the system they had received as a gift,

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45

the monthly payment being set at 125.9 million ROL,


including VAT. That means no less than 3,350 euro
per month. Thus, good money started to come from
the donation in question, following the backstage
maneuvers so painstakingly undertaken. Maybe
even some VAT refunds.

IT Pirates` Accomplices
In late 2004, when OMNIS GROUP LLC
found out that a competitor had stolen from them
more than 5,000 code sources and made a few
changes selling them as their own software products
registered with ORDA, RSC LLC had already
concluded contracts with many beneficiaries. About
20 hospitals, clinics and ambulance services, Liviu
rd
Negoi`s 3 district City Hall, Porsche Romania, Toi
Toi & Dixi Romania and other companies, even a
military unit, concluded such contracts.
OMNIS notified all contractors to stop using
RSC products because they had been pirated; they
filed a criminal complaint against RSC and claimed
intellectual theft to the Bucharest General Police
Inspectorate,
the
General
Inspectorate
for
Communication and Information Technology, ORDA,
Ministry of Interior, Ministry of National Defense. As
expected, no contracting party complies with the
notification to stop using the pirated software, all of
them being convinced that no control will ever be
allowed upon them.
*

46

MICROSOFT

Meanwhile, there have been and there still are


many criminal cases on this matter, either at the
Prosecutor`s Office within Bucharest Court, or at the
National Anticorruption Directorate. None of them
has been so far resolved with an arraignment. It`s
easy to guess why some cases are among the few
older than two years, which still lie at the DNA. The
only exception is the case "solved" by Viorica
Costiniu - today challenged in the Constitutional
Court - on the grounds that the honorable magistrate
dismissed the legal expertise of ORDA (the only
state institution authorized in the field of copyright
and related rights), which has broken the legal right
of defense of OMNIS GROUP LLC.
The case of the software piracy, which also
implies - as shown - European funds, reached the
attention of OLAF (European Anti-Fraud Office) in
Brussels, passing by Jonathan Scheele, former head
of the European Commission Delegation to
Romania. OLAF is an institution with a budget of
over five billion EUR per year, which both monitors
the legal spending of European money and the
illegal traffic of products such as drugs, cigarettes,
counterfeit media (CD and DVD) etc.. In turn, OLAF
has been repeatedly accused of unnecessarily
wasting European money, since the results in the
fight against fraud are insignificant. Note that OLAF
suspiciously quieted the case, by not reacting in any
way to the allegations made by OMNIS GROUP.

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47

Who is OLAF and What Does it Want


The only notable success of this European
authority was to hunt out some cases of high-level
corruption, which later led to the resignation of the
Head of an European Commission. Otherwise, the
expertise of OLAF is limited to assisting Prosecutors
Offices in EU countries so that, after solving the
cases, they are reported as big successes in the
fight against cross-border crime.
In February 2007, along with four other
colleagues from ZIUA daily, I attended a one-week
pilot training at the OLAF headquarters in Brussels.
How was this opening possible for Romania?
Several Members of the European Parliament have
complained that OLAF, established to hunt out
European money leak, is merely but a secret
organization that does almost nothing and carelessly
spends many funds. After they presented us
organization charts, graphs and statistics, curious by
nature, we have asked for some examples. They
presented the case of a Portuguese parliamentary, I
believe, who had tried to get a 4 percent commission
from the financing of a wastewater treatment plant in
Ukraine. Very nice. We have insisted and they have
presented the case of another Member of
Parliaments concubine, who settled a pharmacy
prescription on behalf of him, but the purchase was
for her. The prejudice: the fabulous amount of 24,5
euro. We burst out laughing. Realizing the ridiculous
of the situation, the OLAF people started to beat
around the bush trying to convince us that not the
amount is important, but the fact itself. Of course,
how else?!

48

MICROSOFT

I later on asked about what would be the


competences of the OLAF representatives, since
they cannot engage in international investigations
but only under the patronage of
Prosecutor`s
Offices and prosecution authorities in those
countries. Well, we check papers, engage in actions
and interview the persons involved, if they allow us
to - they answered. That is about what we also do in
Romania, but as investigative journalists, one of us
reacted. Then we put it down on paper. Since the
reaction that we got from the OLAF people was not
the most cheerful one, we left it that way. Especially
as we were promised a luxury lunch at their own
restaurant.

The Thief Shouts Thieves!


Encouraged by the magistrates` delays, the
RSC LLC representatives were not afraid to sue
OMNIS GROUP for alleged image damage. Thus,
the plaintiff has become defendant because it dared
to seek justice with the Romanian law. It is the
moment when RSC LLC received an unexpected
support from Microsoft Company itself. More
specifically, Ionu Loptan, technical director and
founding member of Microsoft Romania, signed a
protocol as RSC-side expert, stating among others
that the ISIS.net application belonging to OMNIS
Group LLC is not original, having Microsofts
Navision as source of inspiration. This was a blatant
lie. We note again that ISIS.net had precedence
over Navision, being registered with ORDA before
Microsoft bought the Danish company and took
possession of that application, which they later on

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49

marketed in Romania. But who could be interested


in such minor details?!
And
another
interesting
fact:
Chief
commissioner Corina Artopolescu, wife of Ovidiu
Artopolescu, general manager of Microsoft Romania,
was also in the team of the Ministry of Interior, that
accepted the donation from RSC LLC. Investigated
in the criminal case no. 200187/2007, the lady
refused to give any statement to Ionu Cram, the
judicial colleague handling the case, arguing that she
was not involved in checking the technical aspects of
the application donated by RSC LLC and that she
was not part of the Ministry`s Certification,
Accreditation and Supervision Commission.
Mrs. Artopolescu shamelessly lied the judicial
colleagues` investigative bodies, as it can easily be
noticed in Annex 3. Similarly to the 20 years lie
about the respectably obtained certificate stating her
status of revolutionary in the December 1989
overcrowding.
*
During the liberal government of 2006, the
RSC businesses have grown, the company reaching
44 employees. In spring, the Minister of Health at
that time, Eugen Nicolescu the Press used to call
him "Minister of Death" - dismissed on political
grounds 23 boards and 15 executives from several
hospitals. Then, by Minister Order, he ordered all
hospital units in the country to acquire the
HIPOCRATE software application, pirated from
OMNIS GROUP by RSC. In this manner, Nicolescu
played by the rules and interests of his friend
Vldescu, filling his accounts.

50

MICROSOFT

With the intent on putting pressure because of


the press disclosures that I published in the ZIUA
daily, Minister Nicolescu filed a criminal complaint
both against me and against the newspaper for
which I worked, thinking that even if I did not end up
behind bars, at least I would cease to continue with
my journalistic approach, revealing the theft. That did
not happen, especially since I was acquitted
innocent, based on the evidence in the file. That was
not all.

How to Silence an Inconvenient


Journalist
Unlike the "Minister of Death", the RSC LLC
representatives did not file a criminal complaint
against me and the newspaper for which I worked,
and only filed a complaint with the Romanian Press
Club (CRP), after the editorial office had refused
their right of reply. Only later was I to know why they
have acted that way.
In a criminal case, that would have become
written evidence on the intelligence theft, in addition
to those hushed up by the criminal investigation
authorities, i.e. the Police, the Prosecutor`s Office
and DNA. In addition, a possible acquittal would
have been the equivalent of me being right in my
journalistic approach. Therefore, there would have
been a dangerous precedent in exposing the piracy
committed by RSC LLC, through a court decision.
The risk was too great, and my opponents did not
wish to see me behind bars. They only wanted to
silence me. On the other hand, they feared ZIUA

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51

newspaper, at that time led by Sorin Roca


Stnescu, and they certainly had no intention to
litigate with him or to step on his toe.
For all these reasons, a complaint sent to the
Romanian Press Club was a much better solution,
especially since they had not received the requested
right of reply. This way, I could have been more
easily silenced, which, however, did not happen.
As for the reason why the ZIUA editorial office
did not publish the right of reply, things are extremely
simple. Elisei Crciun, RSC manager, wrote this
mockingly (See Annex 4).
The RSC LLC complaint to the Romanian
Press Club, which is based on breach of the
Journalist`s Code of Ethics, can be read in Annex 5.
*
It is time for me to make a specification:
The CRP was established as an employers'
organization to protect the rights of journalists and to
ensure compliance with a code of ethics established
for that purpose. However, nobody has considered
the way employers should respect the rights of the
employees. ZIUA daily was a founding member of
the CRP and a Honorary Board member, but did not
interfere in this dispute.
I did not even attend my case "hearing",
considering that it would be a stupidity to account to
a body that I did not acknowledge. Instead, I
prepared the evidence necessary for my defense
and let myself represented by a colleague. Why did I
not acknowledge CRP and, even less, the code of

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MICROSOFT

ethics drafted by that body? For it did represent the


employers, not the employees. Why did I sign that
code? I signed it forced to do so, as a condition to
get a job in the editorial office of ZIUA.
Subsequently, a few journalists broke away from the
CRP and founded the Romanian Association of
Journalists, this time to represent the employees, not
the employers, and to draft a different code of ethics.
This was a better thing.
*
Cristian Tudor Popescu and Mihai Tatulici
were part of the Council of Honour that "judged" me.
The first, director of the newspaper Gndul, was
extremely familiar with the subject as subordinate
journalists had also studied the software piracy and
Sebastian Vldescu`s involvement in the matter. The
second, owner of "Privirea" magazine, had published
articles about this case. In addition, he has known
me very well since 1991 when, as a journalist at
Romnia Liber, I attended one of his TV shows on
press freedom, Venii cu noi pe programul 2
("Follow us on Channel 2). They both knew that I
usually did not write nonsense; therefore, they
debated only on the refusal of the publication of the
right of reply, and not on the solidity of the facts that I
had published. They concluded that the reply of RSC
LLC was nothing but a mockery of bad taste.
Therefore, they issued Resolution 28/2007
concerning a complaint submitted by ROMANIAN
SOFT COMPANY:
The Council of Honor, examining the referral
submitted by Romanian Soft Company against ZIUA

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53

daily, in the presence of both the plaintiffs`


representatives and those of the defendant
newspaper, decides to send a letter to Romanian
Soft Company by which they are advised to send a
right of reply to ZIUA daily. This has to be specific, of
a reasonable length and subject (underlined by us),
based on Article 5 of the Journalist`s Code of Ethics
adopted by the CRP.
In addition, the Council of Honor will send a
letter addressed to the management of ZIUA daily,
by which it will recommend the publication of
Romanian Soft Company`s altered right of reply.
RSC LLC did not send any professional, well
documented right of reply to ZIUA, their attempt to
silence us failing miserably. If they had done it, we
could have proven with written evidence every
possible lie in its content, which was not something
the plaintiffs` leaders would have wished.
Note.
Declaring himself as a Liberal and later on
denying that political affiliation, Sebastian Vldescu
has been for a long time Secretary of State or
Minister of Finance. Today, under the governance of
the Liberal-Democrats and the Democratic Union of
Hungarians, shareholder or business associate in
over 10 (ten) companies, he still holds the position of
skilled Minister of Finance. So skilled, that he
supports the reduction of retirement pensions,
maternity and unemployment allowances, as a
method to get the country out of the crisis.

CHAPTER IV
Copyrights Violated on a Daily Basis
I am coming back now.
On paper, Sebastian Vldescu, former and
current Minister of Finance, would no longer be a
member of the Liberal Party since 2000, since when
he has not paid the membership fee. Verbally, Eugen
Nicolescu (former Minister of Health) has stated a
few times that he is not his friend, quite the contrary.
We will see below that things are exactly the
opposite.
Like I said, the HIPOCRATE system was
implemented under order in many hospitals, filling
RCS`s accounts and increasing its turnover. After the
SRI and MAI hospitals, the county hospitals from
Piteti, Timioara, Iai, St. Ioan hospital in Bucharest
and many others have followed. Interestingly
enough, the pirated software has been and it is still
running improperly, giving strong headaches to all its
users, as the RSC experts have tried to change the
code lines pirated from OMNIS, but their attempts
have been unsuccessful.
We hereby mention only a few deficiencies
claimed by Piteti County Hospital: the software
application
does
not ensure
confidentiality
concerning all health care-related information,
circumvents the legislation in the field, does not

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MICROSOFT

cover the specific IT requirements, it does not meet


the requirement of a judicious management of
sanitary and maintenance materials, of printed
documents, fuel, spare parts, ignoring even
communication with the Specialized Ambulatory, and
many other aspects observed by users, but quieted
by hospital managers interested to hold on their
positions gained on political criteria.

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57

him for his philanthropic actions and activities


undertaken for the development of science. The
American was awarded the Romania's Star in rank
of Commander" distinction and, at the same time, he
formally launched in our country the new Windows
Vista operating system, called "the most secure
operating system" produced by the company.
*

Illustrative in this regard is the undercover


journalistic investigation conducted by the author, at
the Piteti hospital, in 2007. I managed to get into
the hospital's computer system without difficulty. I
accessed the HIPOCRATE application in the easiest
way possible, by breaking the access code, and then
altered some patients data at will. Thus, I changed
the data so that a 92-year-old woman was in the
third month of pregnancy. I named her parents
George and Traian. In addition, I diagnosed her as
suffering from syphilis, also introducing in the system
other aberrant data, which I then printed out. The
funny thing is that no one cared about my
intervention until ZIUA daily, where I worked as an
investigative journalist at the time, published an
article in this respect. Thus, I have proven beyond
doubt that the HIPOCRATE application does not
ensure by far patient confidentiality, as stipulated by
the strict national regulations and European
directives.
*
By early February 2007, multibillionaire Bill
Gates, the owner of Microsoft Company, visited
Romania and President Traian Bsescu decorated

Before our country's integration into the


European Union, Romania has long had the fields of
copyright, intellectual property and related rights redflagged. After the Parliament issued several laws
and the structures of the state bodies with
responsibilities in these areas have been completed,
the Head of the European Commission Delegation,
Jonathan Scheele, removed the red flag and went
home satisfied after receiving the title of doctor
honoris causa of the National School of Political and
Administrative Studies in Bucharest.
Under new legislative regulations, the OMNIS
GROUP representatives claimed in 2005, for almost
two years, that ORDA must perform an expertise on
the authenticity of ISIS.net application, in order to
prove that the programs marketed by RSC LLC were
based on significant parts copied from it. ORDA held
this competence, as long as the expertise was to be
paid by the interested party. However, that provision
could not be implemented in the absence of the
methodological norms setting the fees. As a strange
coincidence, the Ministry of Finance was the entity
called to establish these fees. Something that
proved impossible in that period, during which
Sebastian Vldescu was either secretary of state or

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MICROSOFT

relevant minister, him being directly concerned that


RSC LLC, the company he was controlling, could not
be proven to have stolen any software from OMNIS.
*
In November 2008, instead of the
Government`s General Secretariat, the executive
authorized the Ministry of Communications and
Information Society (MCSI) to acquire new licenses
in the following year after the strategic 0115RO
agreement signed with Microsoft in 2004 expired.
This time it was necessary to organize an auction so
that the public opinion did not point fingers at the
company. However, as was expected, the framework
agreement was won by the same company, the
tender book drawn up by the representatives of the
Ministry perfectly matching Microsofts offer.
Gabriel Sandu, MCSI Minister, even gave
unequivocal explanations on that situation. "We had
a force majeure situation. On April 26th (2009 A/N)
absolutely all licenses were about to expire and we
also had a specific request in this respect from the
Ministry of Administration and Interior and from the
Ministry of National Defense because we were in the
position not to be able to function anymore within the
Romanian Government. As long as from a number of
15,000 institutions 14,900 are working with the same
system, we cannot remove it until we come up with
something instead. We will not spoil something that
works, we have to ensure continuity, and this cannot
be achieved overnight", Sandu also argued. In
conclusion, for the period between 2009 and 2012,
Bill Gates's corporation has obtained yet another
contract worth about 100 million EUR.

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59

In
a
free
translation,
the
minister
acknowledged that only Microsoft, our country's
Guardian Angel in IT, could win the tender. The
decision was widely criticized by other competitors,
but with no result.
The address received by the Ministry from the
Competition Council is yet another proof that MCSI
has not acted quite properly once again awarding
the contract to Microsoft. It draws attention on the
fact that, in the following years, proper conditions
have to be achieved for the use of open-source
solutions, so that the Romanian Government is able
to connect to any operator.

Mail Manipulation
The business owner whose software was
pirated claims that even the postal office would have
utterly prejudiced him by the improper, malicious
handling of the mail. At a first glance, it is hard to
believe it, but the charges in question are as serious
as possible, as proven by official documents. Here
are some examples:
In late 2009, the representatives of OMNIS
GROUP sent a letter to Microsoft in which they
challenged the fact that the ISIS.net application
would have been inspired by Navision. The strengths
of the argumentation were two: (i) ISIS.net had been
awarded by Microsoft itself the first prize for the best
ERP product in Europe, by the time when Navision
was virtually non-existent and the manufacturing
company had not yet been bought by the U.S. giant,
and (ii) ISIS.net had been legally registered with

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MICROSOFT

ORDA, according to the Romanian and European


legislation to which Romania acceded to. The
documentation was sent through the well-known
DHL mailing service, which was quite expensive.
Outrageously enough, after a certain period of time,
OMNIS GROUP learned that the letter had not
reached its destination, because the address was
considered unknown on the US territory.
To return the correspondence, the sender is
required to pay additional money. However, not even
until today, even after the payment was done, the
letter has strangely never returned to where it was
sent out from.
Meanwhile, on its own expense, OMNIS
called on ORDA to compare the ISIS.net and
Navision applications, the latter being marketed in
our country since May 2003.
THE EXPERTISE OF THE SOURCE CODE
OF ISIS.NET EXCLUSIVE PROPERTY OF THE
SUBSCRIBED AND NAVISION 3.60 - PROPERTY
OF MICROSOFT, DISTRIBUTED IN ROMANIA BY
EWIR-EAST WEST INFORMATIQUE ROUMANIE.
ORDA addressed Microsoft Romania the
following address, submitted to the attention of Clin
Tatomir, CEO of Microsoft Romania:
Please note that according to Law. 8 / 1996
article 138 paragraph (1), letter k. on Copyright and
Related Rights, as amended and supplemented,
ORDA is empowered to undertake surveys ondemand for a fee, at the expense of the interested
parties.

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61

As at present ORDA has received such a


request - to conduct an extrajudicial survey to
compare the ISIS.net software application belonging
to OMNIS GROUP LLC and Navision 3.60 belonging
to Microsoft - please analyze the possibility of
providing ORDA the above-mentioned software
application, in a format that allows including the
comparison of source codes.

Answer from Microsoft Romania


In answer to your request of July 30 2009, we
hereby inform you that Microsoft Romania does not
own the copyrights of the Navision software. More
than that, as you are surely aware, the software
products are the main and most valuable goods of
Microsoft and therefore we are unable, in all
circumstances, except if required by a Court of Law
under a judicial procedure, to provide to third parties
the source code of our products.
We are confident that you will correctly
understand our position and we remain at your
disposal for any additional information you might
need on this subject.
In this situation, ORDA addressed to Microsoft
Corporation in USA to solve the problem, but this
correspondence might also mysteriously disappear.
*
Four years before those mentioned above,
more precisely in October 2005, OMNIS GROUP
addressed Bucharest District 1 Court with a Proof
Insurance Demand at Emergency Military Hospital

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MICROSOFT

"Prof. Dr. Agrippa Ionescu, which had no right to use


the ISIS.net software application. According to the
law, it was demanded:
Appointment of an expert approved by the
Ministry of Justice, with specialty in computer
equipment, who will conduct the collection and
preservation of evidence consisting of ARES.net,
CARE.net, AMBULANCE.net and HIPOCRATE
software applications, provided to the defendant by
ROMANIAN SOFT COMPANY, directly or through
MEDIST Inc., applications containing significant
parts copied from ISIS.net software application
created by OMNIS GROUP.
As specified by the plaintiff, the hospital`s
mailing address was 7, Arh. Mincu Street, district 1,
Bucharest.
In the Council Board meeting of October 28
2005, Bucharest District 1 Court subpoenaed the
parties through the Romanian Post. Unlike the SRI
hospital representatives, those of OMNIS GROUP
showed in court. As absence justification, the
Romanian Post returned the summons with the
mention "recipient moved from the address.
The hospital has been functioning at the
mentioned address for decades, across the College
of Informatics, and has not moved even today, in
2010. If mail manipulation would have been based
on another justification (even far-fetched), as for
example "address unknown" (because the plaintiff
forgot to mention the first name of the architect,
Ion), so be it. But like this ... Despite the obvious,
the magistrates demanded the applicant "to carry out

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63

the due diligence required to indicate the current


address of the defendant, or to prove that the
address is the indicated one. As a result, photos of
the SRI hospital from all angles have been taken and
forwarded to the justice. But what was to expect from
a blind justice to see in those pictures?...
*
OMNIS Group LLC claimed another ordinary
manipulation of the Romanian Post in January 2006.
This is what happened.
On June 22, 2005, D.G.P.M.B. (the General
Directorate of Bucharest Police A/N) the Criminal
Prosecution
Service
sent
address
no.
242863/13.06.2005 by the Romanian Post. The
address convened OMNIS Group LLC to the Police
headquarters on June 28, 2005, 10:00 a.m., to
receive notification that a legal technical expertise
had been ordered in the case where they
represented one of the parties.
Because Ion Neagu, mail carrier at Post
Office no.1, has not delivered, on signature, this
registered notification, OMNIS GROUP could not
prepare a defense by naming a side-expert.
Following this situation, a disciplinary
investigation was conducted, and the following
conclusions have been reached:
- The Police sent registered letter no. 34 502,
addressed to OMNIS GROUP, on June 22 2005.
- The acknowledgement of receipt took two
days to reach a post office within the same city,
being distributed to the defendant Ion Neagu.

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MICROSOFT

- Ion Neagu did not bother to seek out the


recipient of the registered letter and to hand it over
on signature according to his duties but instead
he abandoned it in a mailbox and signed the false
receipt.
- Under criminal investigation for service
negligence, falsification of authentic documents,
forged writing by false signature and use of forgery,
the defendant justified his actions and inactions by
the fact that what happened was a mistake. One that
was due to the large volume of mail received that
day by the plaintiff OMNIS Group LLC and to an
innocent human error. However, that did not prevent
mail carrier Ion Neagu from signing in false instead
of the addressee, so that the papers seemed right,
as if he would have perfectly met his job
assignments.
- Compassionate, the prosecutors suggested
dropping the charges against the defendant and the
Romanian Post sanctioned Ion Neagu just to show
up - "with a reduction of 10 percent of the base
salary for a period of one month.
- However, following the insistences of the
OMNIS GROUP representatives, First Deputy
Prosecutor Iulian Crciunescu from the District 2
Court Prosecutor's Office has ordered - based on the
evidence provided by the plaintiff and the damage
suffered - the reopening of the criminal proceedings
against the mail carrier.
- The file was returned to the employees of
Bucharest Police Department No.6 in order to once
again conduct a criminal prosecution trusting that,
this time, they would do their job for which they are
paid from public money.

CHAPTER V
Shameless Ministerial Lies
During August-December 2009, I was an
investigation editor at the Cotidianul daily, which, in
the meantime, has been closed down. In my attempt
to untangle the details of the business between the
Romanian Government and Microsoft, I addressed a
request for information to MCSI regarding the two
contracts signed in 2004 and in 2009. This initiative
was based on Law no. 544/2001 on free access to
public information.
At the maximum period of ten days since the
submission of the request, I contacted the ministry`s
press office and asked about the reason why I was
not given any answer. Silence again. I submitted a
new request, this time directly addressed to Minister
Gabriel Sandu`s Cabinet, in which I criticized the
unlawful attitude of the press office, which has
refused to act on my request. Eventually, I could
contact the press office employees, but it was only
after I had entered the ministry "undercover", using a
different identity. To my outrage, I have learned how
incompetent - and therefore useless - this
department was. A missy working there shrugged her
shoulders in confusion, expressing in that way that
her hands and feet are tied beautiful legs, indeed.
Eventually, we have found a solution or so it

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THE GUARDIAN ANGEL

seemed at first. That was to get directly in touch with


the IT manager, Andrei Svulescu. And so I did.
The first discussion between us was
hallucinating. I reproduce from memory:
"- I cannot help you as it concerns the
strategic contract 0015RO because I was not
working here at that time.
- But who could help me?
- ?!...
- It is you who coordinates this department,
isnt it?
- Yes, it is I, but I have to make some research
and see what was signed then and it takes time.
- Very well, I will be waiting with great interest.
When should I call you again?
- Call me in two or three days. I can assure
you that I will finish by then."

abandoned the approach.

One week passed, and then I called again.


Svulescu has made an unwavering promise that
within two days the problem would have been
solved, and that they were dealing with it.
Another week passed, and then the MCSI IT
manager once again lied in our face: "I will send the
response tomorrow." Our deaf-dialogue continued
this way for about two months.
I originally wanted to call the ministry to court,
exercising my rights under the law. I gave up,
thinking that if I won the case, the ministry would pay
for the moral damages - a ministry also financed
from my own taxpayer pocket, with all the
contributions paid to date. Maybe I should have filed
a criminal complaint against lying manager Andrei
Svulescu for service abuse something similar, but
meanwhile I became disgusted and therefore I

67

The True Face of Microsoft


Multibillionaire Gates` company succeeded to
gain control in record time over 90 percent of the
whole world`s PC market. How could such a
development be possible? The U.S. government has
discovered how it happened and it has characterized
the methods used by Microsoft as international hightech terrorism.
For a deeper understanding of the charges,
we will give you the definition of the term derived
from the French language:
TERRORISM
a) All acts of violence perpetrated by a group
or organization to create a climate of insecurity, or to
change their form of government of a state.
b) Terrorist attitude, event.
c) Use of systematic measures of violence
and intimidation to achieve a political purpose.
d) All acts of violence committed by an
organization or a reactionary political regime.
e) System of terrorist actions.
f) Deliberate and systematic use of violent
means or threats intent to cause fear and mistrust,
panic and uncertainty by ignoring all humanitarian
norms.
The unscrupulous rise of the IT colossus has
left many "bodies" behind, companies such as
Netscape Communications, Lotus, WordPerfect,

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MICROSOFT

Novell, and IBM itself.


During 1994 1998, Bill Gates had become
such a powerful person, that he considered himself
at least as powerful as the U.S. president. At a party
among friends, while they were discussing the
election of William Jefferson "Bill" Clinton as head of
the country, Gates said: "I have as much power as
the President has."
Convinced that he is the most intelligent
character among all the enlightened minds at
Microsoft, Gates can never stand the mistakes of
others. Microsoft employees even believe that, if
during a conversation with him, he does not
pronounce you idiot for 99 times, you have gained a
major victory.
In early 1994, the IT "genius devised a
diabolical plan to destroy competing company
Netscape Communications. In a memo sent to his
employees, he indicated that Netscape (which
owned a reputed Internet web browser) had to be
"matched and beaten". The fight against this
competitor determined the U.S. government to
conclude that Bill Gates is not a hero, but a hightech terrorist. The American executive accused
Microsoft that it has used the monopoly of Windows
to initiate a wide range of engaging and exclusionary
practices of the competitors from the business.
Specifically, the company has acted in such a way
that consumers could not access the Netscape
products anymore, thus killing in the bud any
initiative of the startup companies trying to enter the
IT market.
At the beginning of this millennium, the one
who thought of himself as being as powerful as the
President was accused by the U.S. Justice of

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69

terrorist practices, thus bringing into discussion even


Microsoft's future. During the hearings, the richest
man in the world had a passive-aggressive attitude,
deliberately causing confusion, and often behaving
like a child. Gates refused to admit the evil strategy
planned for the destruction of Netscape, but the
Court has presented an overwhelming evidence of
his guilt. By an e-mail to employees, he stated:
Microsoft should buy part of Netscape, which I want
very much to happen".
In 2000, the federal judge found Gates guilty
as charged and indicated that Microsoft must be
divided in two separate companies. This decision
resulted in an overnight drop in share price of 30
billion USD for Microsoft. A situation that led to the
billionaire bursting into tears during a meeting with
the corporate management. Subsequently, the Court
of Appeal upheld that Microsoft had systematically
violated U.S. laws, particularly anti-trust laws, but
found that breaking the company in two would be too
harsh a measure.
Following this scandal, which resulted in
Gates being convicted, but exempted from
punishment, he was forced to step down as CEO
and to hand over the reins to Steve Ballmer.
If in the past, Microsoft has made companies
like IBM look old and cumbersome, today Microsoft
is receiving the same treatment by IT giants like
Google.
All around the world, the issues of Microsoft
are far from being over. The European Union has
imposed a fine of nearly one billion dollars for anticompetitive practices, with the obligation to align with
the EU rules if Microsoft still wants to operate in this
market. Microsoft is facing similar situations in the

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MICROSOFT

Asian region.
Certainly, when you have an annual turnover
of 34 billion dollars, a fine of one billion is nothing but
a trifle. As long as the pitcher still goes to the water.
A pitcher that, for the time being, may not break in
Romania.
And another interesting detail: most of the
world`s largest companies have been and still are
reluctant to invest in our country because of the
extremely high level of corruption. Those who try are
doing it through intermediary companies, in order to
reduce the risks that they would be exposed to at a
certain time. Promoted by the Adrian Nstase - Dan
Nica regime, Microsoft has never had such issues in
this respect. Had Microsoft have not information on
the harmful scourge that grinds Romania? Had
Microsoft not to deal with the widespread corruption
in our country? It is hard to believe that. This proves
that either it has adapted to the system or maybe it
does not care.
A Stolen Property Based on False Documents
and a Suspicious Death. So Far, no Offender
In 2006, I have started making a series of
disclosures, which, in the beginning, seemed more
like scenes from a science fiction movie to me. The
owner of OMNIS GROUP LLC complained to me
that after he had been the victim of two attempts on
his life, a house that had been legally bought by him
and owned for few years was fraudulently removed
from his property. The crushing documents which
proved this accusation were irrefutable, and after I
had checked them, I wrote a first article on the
matter. The article had not been published for a

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71

week when I asked chief editor Adrian Ptruc what


was the reason for that. Man of good faith, he could
not understand how can a house that you owned be
stolen from you, based on false documents. In
addition to that, even proven counterfeit. I explained
that to him, and the article published on the front
page under the title "The network of the dying" was a
delight in those times.
In short, the owner of OMNIS GROUP had
bought a house in a residential area of Bucharest, by
bank payment instruments, paid taxes for several
years, and then learned that he was not its owner
anymore. Figures, by a Romanian citizen that he had
mandated in the U.S., he allegedly sold the house in
his name to a certain surgeon, Chief Commissioner
Adrian Murea, from "Prof. Dr. Dimitrie Gerota
Hospital of the Ministry of Interior.
Now a series of mysteries follows:
- The owner did not ever intend to sell his
house.
- The trustee has not ever been abroad,
where the transaction has supposedly been
concluded between him and the real owner of the
house, and he has never held any passport.
- On the date when the sale contract was
signed, the retired trustee was non-transportable and
under the influence of morphine, suffering from the
final stage of metastasis, and being the patient of Dr.
Adrian Murea - aka Dr. Death - from Gerota
Hospital.
- The hospital in question has been using and
it still does, without any rights to do so, the software
provided by RSC LLC and pirated from OMNIS
GROUP.
- For several years, Murea had been in a

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MICROSOFT

relationship with Emil Dumitrescu`s (aka Cico)


daughter and was good friend with Senator General
Ctlin Voicu, recently detained in custody.
- All the forged sale and purchase documents
have been classified as such by the specialized state
institutions, but despite this, the file has not been
sent so far to any court, after almost five years. For
several years, a DNA prosecutor has been working
on the case, but we will not disclose his name.
- The dying man, whose identity has been
used for stealing a house, is not the only case linked
to Dr. Death. There is a similar one, also concerning
Cico Dumitrescu`s wife, named Doina IonescuDumitrescu. Murea has again used forged property
documents, by involving another dying person, in
order to open a private clinic together with Cico`s
wife.
- Both so-called trustees, who supposedly
have sold luxury properties to Murea, died at exactly
two weeks after the signing of the contracts.
- The notary who falsified the sale and
purchase documents, named Livia Alexandrescu,
cannot be prosecuted because the Superior Council
of Magistracy has not consented to it.
- In order to declare Adrian Murea innocent in
this fraud case, prosecutor Alexandra inc severed
his cause because it could not be exactly determined
who had falsified the documents. It did not matter to
her that Dr. Death, and none other, was the
beneficiary of these forges. It is as if a man is caught
driving a stolen car, but cannot be prosecuted
because you cannot determine who stole the car. Or
that someone else has fake bank cards on him, but
we dont know who counterfeited them.
- The leaders of the Romanian General

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Prosecutor`s Office consider that the delay in


resolving the case, along with that of the intelligence
theft, is justified due to case complexity. In our
opinion, the justification is ... not justified at all and it
would not be impossible that this story also involves
leading exponents of the criminal group coordinated
by Senator Voicu.
Following "Doctor Death" article published in
ZIUA on August 31, 2006, the MAI Department of
Public Communication sent us a document
containing some untrue specifications, and which
was signed - how else? - unreadable (see Annex 7).
Thus, we were informed that the surgeon "has not
deviated from professional ethics, carrying out his
assignments under the internal rules in force.
Especially since "the Prosecutor's Office within the
High Court of Cassation and Justice and the
Prosecutor's Office within Bucharest Court have
conducted researches and ordered the release from
criminal prosecution and, respectively, to drop the
criminal charges."
Dissatisfied with this false attitude, which the
Public Communication Department has been
authorized to demonstrate, I replied with a legal
information request addressed to the Minister of
Interior, with the illusion that we would get to the
truth that we knew and that we could prove with tens
of documents, most of them official. Something that
has not happened but instead, I received a letter
from the service in question, signed by the same
person ... unreadable, pointing out that we have
already received an answer on the same topic; and
that the General Directorate for Control of MAI has
also investigated Dr. Death, who could not be

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MICROSOFT

incriminated with anything.


In conclusion, Adrian Murea, who has been
purchasing property from his dying patients, acting
as his false trustees, was simon-pure. Then, how is it
possible that a DNA prosecutor is still investigating
today a huge criminal file case whose main topic is
Dr. Death and the second one, his accomplices?
Could it be possible that the employees of the
Ministry of Interior are unaware of what it is in fact
happening? It is highly unlikely. It was rather an
attempt to cover up the truth and to protect Murea,
by misleading the media.
You can find details regarding Dr. Death`s
entire criminal fraud in the articles of Annex 6.

CHAPTER VI
Microsoft in Quotations
During the five years that I have spent
documenting the subject of this book and publishing
numerous articles, I gathered a pile of
documentation of almost four meters high in support
of the claims that have been made. Among them, the
positive opinion of the Romanian state authorities on
the Microsoft phenomenon stands out, but so do the
important voices, which argue that the IT giant would
not be quite an innocent angel, as many would be
inclined to believe at first sight. On the contrary. This
is why I will dwell on some of the opinions - which
may cause the reader to do some thinking on the
company's practices over the past years.
Scott McNealy, CEO Sun Microsystems SUA,
currently part of Oracle Corporation (that accused
Microsoft of monopolistic practices and won the
trial):
When Steve Ballmer calls me wacko, I
consider that a compliment.
The only thing that I'd rather own than
Windows is English, because then I could charge

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MICROSOFT

you two hundred and forty-nine dollars for the right to


speak it.
"Shut down some of the bullshit the
government is spending money on and use it to buy
all the Microsoft stock. Then put all their intellectual
property in the public domain. Free Windows for
everyone! Then we could just bronze Gates, turn him
into a statue and stick him in front of the Commerce
Department."
"Microsoft is now talking about the digital
nervous system... I guess I would be nervous if my
system was built on their technology too.
W2K (Windows 2000) will be a bigger
disaster than Y2K.
A giant hairball." [About Windows NT]
The Evil Empire." [guess who]

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77

at half price."
It really is mankind against Microsoft. And
mankind needs a bit of a break right now. ... The
market economy has got to win over the planned
economy. And the Internet -- the open Internet -- has
got to win. But [if the government doesn't enforce the
law], well, bad things can happen to good people.
Neelie
Kroes,
EU
commissioner
competition and new technologies:

for

Microsoft is not above the law. Each and


every company, large or small, operating in the
European Union must obey EU law, including
competition law, to the benefit of all companies and
European consumers.
In the 50 years of European antitrust policy,
its the first time weve been confronted with a
company that has failed to comply with an antitrust
decision

The beast from Redmond." [yup]


"Try moving off NT easily. You can move from
Solaris to HP/UX to AIX or DEC easily relative to
moving off NT, which is like a Roach Motel. Once
you check in, you never check out. "
"With Microsoft the first hit is always free remember that all your life."
"I am convinced that if General Motors could
eliminate [Microsoft] Office from their entire
company, they could get the 1999 cars out next year

I told Microsoft that it should give legal


security to programmers who help to develop open
source software and confine its patent disputes to
commercial software distributors and end users.
The US embassy in Brussels had contacted
Kroes and asked Mrs. Kroes to be a bit 'nicer' to
Microsoft before she had taken the decision to fine
Microsoft in July (2006). "I believe [the US]
intervened in a responsibility which was on our
shoulders at that time," Kroes told Dutch newspaper
Het Financieele Dagblad. "I said I did not wantan

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MICROSOFT

intervention which cannot stand."


Per Hellstrom, IT Director
Competition Directorate General:

in

the

EU

Microsoft's pleas must be ignored. This is the


world according to Microsoft where it decides what is
best for consumers.
Microsoft cannot be allowed to decide who
can innovate and who cannot.
This case is of vital importance to innovation.
Microsoft has a chilling effect.

Last-Minute Conclusions
For about ten years, the owner of OMNIS
GROUP LLC has been involved in an uneven battle
with the "perverse system" that governs our country,
with its exponents and with the most obscure
interests. As an investigative journalist, I have been
monitoring the confrontation for more than five years
now and I have become increasingly surprised that
justice is yet to come; that I live in a country where
one or the other can say that black is white or vice
versa by means of corruption, intelligence theft,
fraud, threat, blackmail and many alike.
I have learned from state authorities that, to
this date, Drago Ricanu still has to wait until justice
will be done to him. In addition:
# His pirated software is still producing
substantial benefits for the pirates, and one of the

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business brains is Sebastian Vldescu, the Minister


of Finance. This minister, together with Prime
Minister Emil Boc and President Traian Basescu,
suggests the reduction of pensions that are already
much under the minimum standard of living of retired
people,
the
reduction
of
maternity
and
unemployment allowances, the reduction of all kind
of aids for people in need and other aberrant
decisions. And for what purpose? Against the crisis?
Nonsense. Rather, in order to remain places where it
can still be stolen from, so that the big ticks eating
public funds could suck in the future, too.
# ROMANIAN SOFT COMPANY, charged of
stealing IT intelligence, as proved by many expertise
reports and examinations, has acquired (or is about
to acquire) several millions Euro of EU funds for the
development of the company, more specifically,
14,739,180 ROL (respectively 3.5 million euro in
June 2010) for educating doctors and nurses from
hospitals in the management and the use of new
technologies. At this money, the State participation
with 2,601,032 ROL (627,000 euro) is also expected,
while RSC will contribute to the project with only
912,644 lei (220.000 de euro). Nice deal, especially
on times of crisis!
# OLAF (the European Anti-Fraud Office
based in Brussels) and DLAF (the Romanian AntiFraud Department) are very well acquainted with the
situation, but they both ignore it.
# Microsoft Company has committed to our
state, under a strategic contract offered as a gift by
the Adrian Nstase (Dan Nica) governance and
extended by that of Emil Boc (Gabriel Sandu), to be
the arbitrator of the Romanian IT market, a broken
promise. Moreover, Microsoft testified that RSC has

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MICROSOFT

not stolen anything from OMNIS and that the pirated


product does in fact belong to them. They have
ignored deliberately the fact that, at the time,
Microsoft had not been developing such technology,
nor had they entered the Romanian market with the
Navision product purchased from the Danes,
somewhat similar to ISIS.net, but not advanced
enough to win an international award.
# Judge Viorica Costiniu from the Bucharest
Court of Appeal wife of Judge Florin Costiniu,
involved in Senator Ctlin Voicu`s corruption
scandal has found the intelligence theft to be as
legal as possible. More specifically, she considered a
deviant expertise conducted by a nonprofessional in
software and intellectual property rights and ignored
others conducted by well-known specialists in the
field, including those of the only state authority with
ability and expertise in this area, namely the
Romanian Copyright Office (ORDA).
# The heads of the Prosecutors Office within
the High Court of Cassation and Justice are wellacquainted with the case, and the delay to settle it is
ascribed to its complexity.
# After ten years of work were stolen from
them, OMNIS GROUP has been systematically
thrown out of the market because the company has
allowed itself to prove what a credible and inspired
competitor it could be. Note that, since March 17,
2010, the Antitrust European Commission has
opened infringement file no. 39784 against Microsoft
for violation of European competition regulations.
# The property, which was stolen from
Ricanu based on false papers proven as such, is
still under the administration of Chief Inspector
(formerly Colonel) Adrian Murea, a surgeon working

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in the hospital of the Ministry of Interior. In addition,


the Romanian Justice forced its real owner to pay a
security of 50 million ROL for his own home. The fact
that Dr. Death, alias Murea, has used the identity of
two dying persons in real estate frauds, that he is
accused by his former father-in-law of attempted
murder and theft or that he has abused his own son
and his mother, so be it. Nevertheless, that he still
performs surgery on PEOPLE, under such moral
circumstances, is downright outrageous.

Metamorphosis of Black into White


Faced with hallucinatory situations that few
could cope with, Drago Ricanu believes that his
troubles have begun many years ago, when the
bodies of the former Communist repression
apparatus targeted him. Reason for which, he has
addressed the CNSAS (the National Council for the
Study of Security Archives) in order to find out about
... his past. And thus, he has come across his
microfilmed file no. 217 704 (background
information) dated from 1984 and opened three
years earlier, while he was in his last year at the
Academy of Economic Studies.
Despite the troubles and the pressures that
he has undergone over the years, Ricanu is a
hopeless optimist, which is contrary to my pessimism
of a journalist who has lived and seen so many. He
is convinced that justice will prevail in the end, and
that, even if after twenty years, the law on lustration
will fix something here and there. Exposing, for
example, individuals as former Lieutenant Major
Adrian Petre Podea, subsequently a judge in

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MICROSOFT

Ploieti, now retired with an "outrageous" retirement


pension, and possibly involved in Prahova county`s
SRI mafia.
According to the documents prepared by
Secret Police Officer Podea, also Military Unit (UM)
0666 kept Ricanu Drago under active surveillance.
This surveillance, for unknown reasons, was not
disclosed to the petitioner. Is it perhaps because this
political police activity is not over yet? For those who
do not know it, UM 0666 and the 6th Directorate of
the Secret Police, currently the Security and Protocol
Directorate for officials, are one and the same.

The
Continues

Journalistic

Investigation

My efforts to write this book will not stop here.


I will continue to seek the appropriate answers to
those many questions about the Microsoft giant,
which will be published in a second volume, or
perhaps a third or a fourth.
I will extensively document the company`s
business primarily on the European market, and the
possible
connection
between
Microsoft
representatives and the Romanian political police, in
its continuity, despite the fact that I give Ricanu
almost no chance to find his justice, at least not in
Romania, where Justice is corrupt to the bone.
I might not be Truman Capote, who wrote "In
Cold Blood" - laying the foundations of the
contemporary criminal profile, but I cannot be
passive at so many lies and injustice. The research
on Microsoft will be thorough and deep, based on
the past, the present and especially the future

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83

development of the company. A company that, ten


years ago, awarded ISIS.net as best ERP product in
Europe, and after a number of years has
orchestrated the exclusion of OMNIS GROUP LLC
from the IT market, by brutally imposing a similar
product.
As a result of five years of reporter
investigations, I have the feeling that the IT giant
was imposed on the market using heavy political
police instruments. Even if no blame can be brought
for now - on Bill Gates company, the megabusiness has only one beneficiary: MICROSOFT
COMPANY.

Until now, the European Commission charged


Microsoft fines of 1.68 billions USD for
BREAKING THE EUROPEAN LAWS AND
IGNORING THE IMPOSED SANCTIONS, in a way
that no other company ever did it before.

Neelie Kroes,
European Competition Commissioner, 2008: In
the 50 years of European antitrust policy, its the
first time weve been confronted with a company
that has failed to comply with an antitrust
decision

ANNEXES

ANNEX 1
ACTION PLAN of the Central
Operative Group
I. OBJECTIVES
1. To fight against corruption and other
illegalities committed in the exercise of duty
2. To prevent deviant behavior by action
monitoring
3. To raise standards of integrity
II. TARGETED PERSONS
1. Officials exercising state authority in areas
of financial control and management, public
administration, Fraud Squad and customs control,
the Romanian Court of Audit, the Health and
Veterinary Police, consumer protection etc.
2. Employees of the Police and the Romanian
Border Police, firefighters and employees of other
structures of the Ministry of Interior, with prerogatives
in the application of the legal provisions on the
fundamental rights and freedoms of the citizens,
property and with prerogatives of decision or control.
3. Prosecutors, judges, clerks or other public
servants in the field of justice, who are involved in
the process of justice administration

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MICROSOFT

B. Following information evaluation and


operational research on locations (customs crossing
points, public service structures of the Ministry of
Interior, Public Ministry, Ministry of Finance, certain
trails, mandatory crossing points), to establish
certain teams ( Annex. 2A and B) which quarterly or
on call and based on the Action Plan, to monitor,
capture and record on audio and video support, the
conduct of public servant in the office.
To provide proof of facts and of recording
evidences, with the permission of the prosecutor,
technical means for communications interception will
be used, provided by MU 0962 (former 0215, two
and a quarter N/A) or from SRI and the SIE;
plans, schemes and operational combinations will be
drafted; preparatory acts and procedural actions will
be performed.
III.
ACTION

PLACES AND ENVIRONMENTS OF

1. Merchants inspected by public officials that


collect debts and taxes, to control legislation
compliance in the field of finance and accounting;
regional and central headquarters where specific
activities of licensing and issuing of financial and
accounting documents are conducted; treasuries;
debt rescheduling and restructuring towards the
state budget; monitoring of the use of some funds;
customs, customs offices, customs brokerage and
other customs operators, provision of loans, legal
constitution of guarantees; privatization, valuation
and undervaluation of assets, economic and
financial expertise and findings.

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2. Compartments, offices, departments,


services, directions and other dedicated structures in
the Ministry of Interior where identity cards,
passports, gun permits, driving licenses, criminal
records are issued; where visas are scheduled and
issued; licensing, operation and construction
(firefighters); state border and terrestrial, marine and
aerial crossing points; targets, locations and
environments where the activity of the ministry takes
place.
3. Laboratories and institutions for veterinary
analysis and licensing, consumer protection offices,
controlled economic agents.
4. Bailiffs, courts, Prosecutor`s Offices,
archives, places and environments specific to justice
administration.
5. Central and territorial authorities involved in
the exercise of state administration in the public
servant citizen relationship.
6. Other places and environments where
corruption occurs.
IV. INFORMATION MANAGEMENT
1.Information and data received from and
owned by MU 0962, the other units and structures
within the Ministry of Interior, those held by the
Prosecutor`s Offices and the (Court of) Justice will
be centralized at the Prosecutor`s Office within the
Supreme Court of Justice, the Central Operative
Group, in view of evaluation.
Deadline:
20.01.2000

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MICROSOFT

Intelligence Services rank number


three after the American and the British
(Article published in Incisiv de Prahova
weekly in 2009, signed by Dan Coste)
A
ninth
intelligence
secret
service,
subordinated to the Ministry of Justice, is about to be
established in Romania. After the dissolution - in
2006 - of the General Directorate for Protection and
Anti-corruption (DGPA), former SIPA (Internal
Service for Protection and Anti-corruption), the
current Minister reinvested, Ctlin Preduoiu,
intended to reinstate it, ostensibly so as to become
legal, as according to the law. It all happened before
the outbreak of the financial and economic crisis, the
idea being temporarily abandoned at that moment
due to the lack of funds.
The media has repeatedly reported that this
service within the Ministry of Justice was nothing but
an instrument of pressure, blackmail, corruption and
protection of offenders, which dealt with everything
else but the duties and powers assigned to it.
Among others, former Minister of Justice
Monica Macovei was accused of blackmailing
magistrates with cases fabricated and put in storage
in the DGPA-SIPA archives, which are currently
sealed. Hence, the assumption arises that Predoiu
wants access to them now and with any costs, on
the eve of the presidential elections. As a well-known
fact, Traian Bsescu is the one who insisted that the
current minister maintained the position gained
under the liberal government and he should return

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his service. The SIPA archive contains enough


material for it. In other words, the Minister of Justice
in interested in free access to the controversial
archive and not the abidance of law and the
establishment of a domestic protection service.

Predoiu is recruiting secret agents


"According to Law no. 51/1991 on national
security, Law no. 182/2002 on protection of classified
information, and also GD no. 2005/2002 approving
the national standards for the protection of classified
information in Romania - under all these rules so
important -, the Ministry of Justice is considered a
designated security authority which has the duty, and
I repeat, the duty, to organize and run their own
system on its field", Ctlin Predoiu has recently
stated on a radio station. So he only regards
lawfulness, and he has closely consulted in this
respect with Monica Macovei`s former collaborators,
who know what and where to find in the archive, if
necessary.
The National Union of Judges of Romania
(UNJR) has strongly warned the ministry not to seek
the reinstatement of a secret service in Justice as
long as the legality of the operation of former SIPA DGPA and the fate of its archive had not been
clarified. According to sources, SIPA would have
been particularly busy with the stakeout of
magistrates and officials, the information thus
obtained being likely to be used for blackmail
purposes.
Judge Cristi Danilet, former adviser of Monica
Macovei and currently targeted by Predoiu to be

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MICROSOFT

recruited into the newly, embellished secret service,


stated that, as a member of the first committee for
the inventory of the SIPA archive, he has found that
most of the documents were anonymous
informational notes, "such as gossip in the corridors
of the court, unverified information which, if it
became public, would be able to compromise the
image of any Romanian magistrate".

Lustration, the only solution


In a press release, UNJR also considers that
"The political parties must make the historic gesture
to adopt the necessary legislative framework for a
complete lustration and not only in relation to
magistrates, but in relation to all legal professions:
lawyers, public notaries, liquidators, bailiffs, etc.."
The professional organization also states that,
before creating a new secret service in Justice,
authorized state agencies should call for legal
mechanisms to disclose those who collaborated with
the Secret Police bodies, and now occupying high
offices in the magistracy. In addition, those who after 1990 - were undercover agents or employees
of various Romanian intelligence services against
material interests and substantial benefits are also
concerned.
"One can say that the lustration process has
been limited only to uncover those persons who hold
public office or intend to accede to such positions,
who have been agents or collaborators of the Secret
Police bodies, as political police, it is added in the
release. In conclusion, lustration is necessary and it

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93

is not too late for it as the solution for the recovery of


the Romanian society, although almost 20 years
have passed since the fall of the Ceausescu regime.
In particular, Justice must be freed from such
persons", the UNJR leadership believes.

Intelligence services that we are


proud of
Romania ranks number three in the world, if
counting the intelligence services.
1. Romanian Intelligence Service (SRI)
2. Foreign Intelligence Service (SIE)
3. Protection and Guard Service (SPP)
4. Special Telecommunications Service (STS)
5.
General
Directorate
for
Defense
Intelligence (DGIA)
- Military Intelligence Directorate (DIM, former
DIA)
- Military Safety Directorate (DSM-2)
6. General Directorate of Intelligence and
Internal Security (DGIPI - Ministry of Foreign Affairs)
7. Directorate for the Investigation of
Organized Crime and Terrorism (DIICOT - Ministry of
Interior)
8. MU 0962, former MU 0215 (Two and a
quarter) also of the Ministry of Interior
As a comparison, meant to observe how
properly we protect ourselves from spies and from
the penetration of the system, we present the
following list with the number of secret services in
other countries:

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MICROSOFT

Austria - 3 services, Belgium - 2, Bulgaria - 2,


Canada - 5, China - 3, Switzerland - 4, France - 5,
Germany - 3, Greece - 1, Israel - 3, Italy - 4, the
Republic of Moldova -1, the Netherlands - 2, Poland
- 5, the United Kingdom - 9, Russia - 4, Serbia - 1,
Spain - 2, Sweden - 4, Turkey - 2, Ukraine 3 and
Hungary - 5.
If we establish one additional special service,
we will equal the British and get closer to the first
place in the world, held by the Americans, with 17
operating intelligence services. Undoubtedly, the
number of such bodies has no connection with their
effectiveness in the protection against espionage
and corruption, but does it truly matter?! What is
important is that public money is spent and certain
positions and certain people to benefit from their
services. It is up to the readers to draw up the list of
beneficiaries.

ANNEX 2
TECHNICAL-SCIENTIFIC
EXAMINATION - ORDA nr. 3973/31.01.2005
we consider that the applications
(computer
programs)
AMBULANCE
and
ARES.NETcontain significant reproductions of
the application (computer program) ISIS.NET
computer program (application), deposited at ORDA
in view of registration in the Registry of Computer
Programs by SC OMNIS GROUP SRLrespectively
from the inspected 5,267 source code lines of the
ISIS.NET program and the 5,108 source code lines
of the AMBULANCE and ARES.NET programs 4,119 lines/ parts of source code lines are identical.
In conclusion, I consider that parts of
computer programs (applications) AMBULANCE
and ARES.NET are copies of parts of the
computer program (application) ISIS.NET
As resulted from the items exposed, the
conclusion of the technical-scientific findings
and expertises issued is:

THE

THE CODE SOURCE OF COMPONENTS OF


COMPUTER
PROGRAMS
ISIS.NET,

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MICROSOFT

CREATED BY OMNIS GROUP AND REGISTERED


IN RPC ORDA, VITAL COMPONENTS FOR THE
OPERATION OF RELEVANT PROGRAMS, WAS
FULLY TAKEN OVER BY RSC AND USED IN THE
PROGRAMS
COMMERCIALIZED
BY
THIS
COMPANY.

A lot of
examinations

expert

reports

and

In this case, police superintendent Florin


Minc orders a legal technical expertise, appointing
for this purpose the approved computer expert
tefan Stncescu. An expert who, even if being a
teacher, is skilled in computers and not in software,
having absolutely no expertise in the field of
copyright (although he allowed himself to make
conclusions in this respect).
ORDA experts will prove his aberrations on
copyright, as you will learn from the following pages.
Stncescu was assisted by an expert-hand,
this time specialized in software, named Dumitru
Galani. However, Stncescu rejected his conclusions
and did not include them in his own report, which
prompted Galan to submit to court a dissenting
opinion.

JUDICIAL TECHNICAL EXPERTISE REPORT


nr. 7526/12.12.2005 TEFAN STNCESCU
According to art. 1 of law nr. 8/1996 the
author is the physical person(s) that created the
work. In accordance with art. 4(1), it is presumed -

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until the opposite is proven - that the author is the


person under the name of whom the work has been
brought to public knowledge. In accordance with art.
7. a) the computer programs are object of copyright.
In accordance with art. 74, in the absence of a
contrary clause, the rights on the computer
programs, created by one or several employees
in performing their job duties under the
instructions of the employer, belong to the
employer.
It may be considered that the approximate
percentage of similarities is 80% for the considered
files.We may consider that, generally, the
conclusions of our comparison converge to
those in the ORDA report.
---Bringing the program to the public knowledge
does not entirely grant the quality of being the
author, under the possibility of identifying proofs that
demonstrate the opposite. Such an opposite proof
may consist in another source of information, other
than OG, that inspired both parties. During the
expertise, I did not find such a similar program.
Conclusions:
The OG programs have been registered in
the Registry of Computer Programs at ORDA on
th
March 6 , 2003. The correspondent RSC programs,
which were analyzed, are not registered at ORDA
and were sold to a beneficiary.
Three pairs of correspondent files were
analyzed and 80% of similar source code lines were

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MICROSOFT

found. There are compact blocks of more than 50


identical lines, but not more than 80 identical lines
together.
The similarities may originate in copying from
a source, with modifications.
The similarities may also originate in taking
over from third sources, found on the INTERNET,
where this type of applications is notorious. There
were not identified sources that present
significant similarities with
the three files
studied.
JUDICIAL
TECHNICAL
EXPERTISE
REPORT no. 7527/12/12.2005 DUMITRU GALANI

In accordance with the technical scientific


examination no. 3973/01.31.2005, issued by
ORDA, that establishes that 4119 (78%) of the
code lines of interface programs used by RSC
are found within the code lines of the interface
programs registered by OG at ORDA, it may be
stated that such a reproduction is almost
impossible. The only form under which these
code lines are found in the RSC application was
possible only by their physical copying from the
server at OG on an external support and their
transfer into the RSC application.
From the above mentioned, it results that
these files have been copied from OG and
introduced into the RSC application, by one or
several persons, that were part of the
development team.

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JUDICIAL
TECHNICAL
EXPERTISE
REPORT DUMITRU GALANI, June 19th, 2006
The results of the expertise establish 100%
identity for 4,884 lines code source sampled from
the ISIS.NET system and included in the
applications presented by RSC on the site
www.rsc.ro. This identity appears also at the level of
the personal print of the company that created the
product: specifications and documentation of source
code, topic of instructions, sequence of procedures,
names of functions and variables, as well as
programming and spelling errors.

This identity would not be possible


unless one of the parties had access to the
server of the other party and physically
copied the program files.
ORDA
TECHNICAL

SCIENTIFIC
th
EXAMINATION no. 6933/08.27 , 2007
Valentin Cornel, superior ORDA - the
Expertises and Examinations Directorate - expert, in
the interest of solving the criminal file nr.
786/P/16.07.2007, following the address of the
Public Ministry, the Prosecution Office of the
Bucharest Court, registered at ORDA with nr.
7911/20.08.2007, as well as according to the
resolution of the Bucharest General Police
Directorate Fraud Investigation Department of July

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MICROSOFT

rd

23 2007 that ordered, according to articles 112 and


113 of the criminal procedure code, for a scientific
examination to be performed on the source codes of
the programs HIPOCRATE registered at ORDA in
2002 by Romanian Soft Company, on the proofs
collected from the Internet by OMNIS GROUP and
deposited in the criminal file, on the program
registered at ORDA in 2003 by Omnis Group, on the
programs registered at ORDA in 2005 by Romanian
Soft Company and with proofs collected by judicial
police from the Emergency Hospital of the Ministry of
Interior "Prof. Dr. Dimitrie Gerota", the following
conclusions can be established:
The conclusion regarding the analysis of the
two files Grid.js (source code Omnis Group RPC
ORDA) and HTools.js (source code sampled on RSC
site) is that the specifications and documentation of
source code, topic of instructions, sequence of
procedures, names of functions and variables, as
well as spelling errors of Grid.js (source code Omnis
Group RPC ORDA) are found in HTools.js (source
code collected from RSC site)
On this reason, it may be stated that Grid.js
(source code Omnis Group RPC ORDA) was initially
used and modified, and the result was HTools.js
(source code sampled on RSC site).
Concluding, by the analysis of the source
code files Omnis Group RPC ORDA :Grid.js,
Hdate.js, CalendarPopup.js, LeftSideMenu.js and
the source code files collected from the RSC web
site:
HTools.js,
Hdate.js,
CalendarPopup.js,
LeftSideMenu.js belonging to the client component
elements, the source code Omnis Group deposited
in RPC ORDA can completely be found in the

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source code collected from the RSC web site, being


modified or completed with additional functionalities.
ORDA
TECHNICAL

EXAMINATION no. 7649/26.11.2007

SCIENTIFIC

Regarding the object of the resolution on the


comparison of programs deposited in the ORDA
registry by SC Omnis Group SRL in 2003 with the
evidences collected from the Internet by the
representatives of SC Omnis Group SRL, from the
site www.rsc.ro, the comparison made the object of
a prior technical-scientific examination.
The
Technical-Scientific Examination Report no. 6933 of
th
08.27 , 2007 was concluded, stating the fact that
the files Grid.js, ogDate.js, CalendarPopup.js,
LeftSideMenu.js, belonging to the Omnis Group
source code, representing access and navigation
components of the client interface of ISIS.NET
application, without which this application cannot
operate, are completely identified, with modifications
and additions, as files with the names Htools.js,
Hdate.js, CalendarPopup.js and LeftSideMenu.js, in
the source code collected from the site www.rsc.ro
and which are access and navigation components of
the client interface, without which the display of the
user interface files is not possible.
National Forensic Institute - EXPERTISE
REPORT no. 59/24.03.2008
The CalendarPopup.js files on the CD 3
Omnis Group / ISIS.NET and on CD 2, in litigation,
contain identical code lines, both from the logic and

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lexical point of view, and from the point of view of


desktop-publishing errors.
The LeftSideMenu.js files on the CD 3
Omnis Group / ISIS.NET and on CD 2, in litigation,
contain identical code lines, both from the logic and
lexical point of view, and from the point of view of
desktop-publishing errors.
The programs used by the offender on
th
the date of creating CD1 (06.08 , 2006) contain
identical code lines to those of the ISIS.NET
program, created by the plaintiff.
The Bucharest 2nd District Court decision
of 06.11th, 2008 in the file no. 10870/300/2005:
The expertise has been concluded in this
cause, but not entirely, due to the impossibility of the
expert to expertise all the offenders computers, the
access to most of them being restricted by RSC with
passwords.
In addition, the impossibility of analyzing all
the offenders servers was due to the bad faith of the
third party RSC that repeatedly refused to provide
access to the restricted servers, containing
information that could not be accessed.
Not at least, the impossibility to expertise all
the data on offenders computers was due to the
attitude of the RSC representative who, participating
to the expertise performed by the expert Dumitrascu
Marin, abusively applied on the CD containing the
expertise data an access password that restricts the

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access to the copied information, under the


circumstances in which RSC did not hold the quality
of being part in the process.
ORDA EXPERTISE REPORT NO. 1/06.23RD,
2008 ON THE COPYRIGHTS OF THE COMPUTER
PROGRAM ISIS.NET
1. The ISIS.NET application is an original
intellectual creation work, in accordance with
art. 7 of Law 8/1996 regarding the copyrights
and connected works.
2. The personal print of author consists of the
history of development of the system (aspects
that result also from the SourceSafe
environment), by the internal development
standards, by the names of files and
directories in the project. The source code
includes specifications, documentation and
author comments, issued in accordance to
the internal development standards.
3. Without the existence of the intellectual
contribution, as presented in the current
expertise, such software application could not
have been created.
4. Taking into account the items mentioned in
the current expertise, we may state that the
computer program ISIS.NET was brought to
public knowledge in accordance with Law
8/1996, both in beta test phase, and in final
functional phase, which allowed this
application to be commercialized.

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Ill-will, obscure interests, or just


incompetence?
Analyzing all these expertises completed in
time, let us see what have been the conclusions
reached by the prosecution, and especially by the
judges who handled and tried the indisputable case
of intelligence theft.
RELEASE FROM CRIMINAL PURSUIT
REPORT SUPERINTENDENT FLORIN MINC,
FILE 6949/P/2004 (04/11/2006)
By which the mediocrity of a Police
employee, who receives huge salaries and
undeserved bonuses from public money, can
easily be established
At the beginning of the two defendants`
cleanup report, the man of law starts by reviewing
their justifications, including the fact that they would
have been inspired by Microsoft`s Navision software,
even before it was bought by Bill Gates's company.
However, Minc's stupidity does not stop there. He
later quotes the Stncescu Report claiming that the
IT pirates had actually used Microsoft.net public
technologies, while the company had not been
developing any such ERP product.
Moreover, the cop also studies the copyright
law, by interpreting it in an absurd, unfounded,
arbitrary and even hilarious way, so clearly revealed,
two years later, by the ORDA experts. Here are
some telling examples in this regard:

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105

"Regarding the statement of SC OMNIS


GROUP that they received a prize in 2002 for the
ISIS system as their creation work, we assert that
this application received a mention from Microsoft
European RAD Awards, but it was for the best use of
public Internet technologies and hence not for an
original intellectual creation work. We emphasize
that the graphical user interface that was used is
BROWSER type consisting of editable grids
whose original creation belongs to Microsoft."
In other words, Minc accredits the idea that if
an inventor develops penicillin and creates a new
drug to cure tuberculosis, it is Sir Alexander Fleming,
the inventor of penicillin, who owns the patent, and
not him. Alternatively, if a mathematician develops
an innovative formula in the field, it belongs to the
Arabs who invented the figures used in it.
Nevertheless, the epaulette-stupidity does not stop
here.
"SC OMNIS GROUP did not prove that the
elements identified as identical in the expertise
represent their intellectual creation work..."
The idea was quoted from another bright
computer expert (and not software expert - which is
something different) tefan Stncescu. We support
this idea, because it is not the inventor who has to
demonstrate that his work is original, but his
opponents have to prove that it is not.
Based on the "scientific" findings of police
worker Minc, extremely specialized on intellectual
property issues, it is the Prosecutor`s Office`s turn to

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draw the final conclusions on the intelligence theft


committed by Drago Sracu and Irinel Lupei. Thus
enters the scene prosecutor Nicoleta Bulgaru, from
the Prosecutor`s Office within Bucharest Court, a
very controversial figure promoted from Constana
for outstanding achievements. Where, along with
former police captain Grigore Peteru (today, a
lawyer) has been involved in several criminal cases
concerning the confiscation and mysterious
disappearance of large quantities of imported goods,
without anyone being able to prove that they had
been illegally imported. For lack of space, we will not
focus on this character but we will limit ourselves to
revealing the conclusions reached by prosecutor
Bulgaru - after only one week to examine the file which are perfectly matching the defendants`
statements and superintendent Minc`s report.
ORDINANCE TO STOP CRIMINAL PURSUIT
IN FILE 6949/P/2004 (19/04/2006) - prosecutor
Nicoleta Bulgaru
At the beginning, the aberrations of the
defendants and of the so-called expert Stncescu
were quoted again. According to them, the RSC
products developed by Sracu and Lupei were
created based on the Navision software, property of
Microsoft, at the time when the American company
did not own any ERP-type product and had not yet
bought the Danish company. Then, not being able to
state an opinion of her own, and because of her lack
of training and expertise, Nicoleta Bulgaru copied
Florin Minc`s conclusions. Towards the order`s end,
because her own input was also necessary, the

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107

prosecutor made a mix of what she understood from


the file (but only in a certain direction), without
having the slightest connection with the reality:
"Omnis Group does not present other
evidences to prove that it created the computer
programs for which it obtained the authorship (as if
the authorship was the essence of the criminal file,
and not the theft of intellectual property - n.n.), as a
creation work, and because it cannot prove that it is
the author of the analyzed files, Omnis Group
accuses without holding evidences that it was the
victim of a fraud..."
What the famous prosecutor Bulgaru from
Constana supports can be extrapolated as follows:
A father complains that his son was kidnapped. He
files the complaint, hands over the requested
documents and expects the law enforcing authorities
to take action and to find his boy. There is no result
whatsoever. How would they know that the boy is
truly his father`s? To overcome such doubts, DNA
tests would be necessary to carry out, statements
from the mother, the mother-in-law, the Deputy
Marriage Commissioner and the priest who joined
them in matrimony, the witnesses who were present,
and a statement from the wife to assume, by
declaration of liability, the date when conception
occurred. Moreover, the statements of the medical
assistant, of the priest who baptized him, or of the
godfather who cut his tuft and so on are needed.
Only then will the police start searching for the
kidnapped person, this time aware of the situation.
This is how the prosecution authorities think and act
in this case.

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Equally interesting is another assessment of


expert Nicoleta Bulgaru, from the same ordinance
quoted above. This goes something like: "Omnis
Group LLC filed a complaint concerning the
applications` intellectual property theft by former
employees, in order not to lose the skilled
programmers and to block the activity of a competing
company, in this case RSC LLC.
Somehow more cautious, or rather just
overwhelmed by the duties of office, First Prosecutor
Drago Nestor (another character involved in
numerous scandals) took his time for about two
months until he countersigned Nicoleta Bulgaru`s
ordinance to stop the criminal prosecution of the two
defendants. Undoubtedly, not understanding what
the case was about, and not having the necessary
time to study the matter, he also copied from the
reports of the defendants and of the authorities who
showed their best interest to declare them innocents.
ORDINANCE
FIRST
PROSECUTOR
DRAGO NESTOR, CRIMINAL FILE 6949/P/2004
(9.06.2006)
"... all the applications in litigation use
Microsoft public technologies (technologies that use
the latin alphabet, but nobody challenges their
parenthood - n.n.) from the Internet and hence they
are not original...
The Omnis Group applications claimed as
being copied are widely recognized and do not
represent any innovation in this domain (what if

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109

Microsoft itself awarded them the first prize for the


program - n.n.)"
That was the best he could do. Meaning that,
according to the high magistrate`s opinion, all
innovative software applications that rely on this
technology belong, in fact, to the company of
multibillionaire Bill Gates, isn`t that so? It is as if any
pharmaceutical product based on penicillin, for
example, belonged to the inventor of this substance.
Or, as if the paternity of all diesel engines designed
by Rudolf Diesel in 1892 belonged to him. According
to the scholarly opinion of the First Prosecutor
Drago Nestor, the same category can include:
walking, the fire, the hot water, the wheel and many
more other inventions.
CRIMINAL SENTENCE NO. 668 OF THE
BUCHAREST COURT OF APPEAL, FILE
16828/3/2007 (21/05/2008) - JUDGE VIORICA
COSTINIU
No other than the wife of Judge Florin
Costiniu, of the High Court of Cassation and
Justice, deeply involved in a recent corruption
scandal, along with Senator Ctlin Voicu and
businessmen Costel Cuneanu and Marius
Locic. Even more, Mr. and Mrs. Costiniu are
supposedly both specialized - among others - in
intellectual property issues.
Without specifying where she got her
inspiration from, the wife of the judge now

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investigated by the DNA has reached a truly puzzling


conclusion, diametrically opposing those reached by
most experts, except for the Stncescu masquerade.
Either a conclusion that proves that she has read
another file, or that some obscure interests, that we
do not even want to suspect, have dictated her
decision.
"The expertise report concludes that the
statements of the ORDA experts, regarding the
important weight of similar program parts, are not
valid. The similarities may be due to the utilization of
public Microsoft .net technologies.
The defendant (Dragos Saracu) stated that
ISIS modules and functionalities can be identified,
partially or totally, in other well-known similar
applications, as well as that the ideas and concepts
he acquired during his professional formation, his
prior activities included, were based on IT novelties
provided to the public by reputed suppliers such as
Microsoft. These ideas, concepts and technologies
are published on the Internet to be used by
programmers worldwide...
The defendant RSC later submitted additional
appeal motivations, stating that:
The similar elements that were identified
are due to the fact that, both OMNIS GROUP and
ROMANIAN SOFT COMPANYs programs derive
from an original creation belonging to Microsoft,
provided to the public on the Internet, for free. It was
in this respect that the expertise established that "the
common program parts include a well-known

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111

experience presented on the Internet, proven by the


existence of numerous similar applications".
At the time when the software piracy occured,
Microsoft had not owned such technologies and the
company had not been developing such
applications. It is also very strange how the
conclusion of an expert in computers (and not in
software) is enforced, while those of the OMNIS-side
expert (specialized in software) and ORDA, are both
ignored. In this case, what is the need in our country
for an institution to represent the intellectual property
rights, since one judge or another has his or her own
opinions in the field, well beyond the law?
CRIMINAL
SENTENCE
NO.
130/F,
BUCHAREST TRIBUNAL, CRIMINAL SECTION I,
FILE 25165/3/2008 (04/02/2009)
This competent court also reiterates the
absurd opinion of expert tefan Stncescu,
maintaining that the elements claimed to have been
copied are of a notorious character and are not
protected by law. We consider it absurd for at least
two reasons: 1. - because the Guardian Angel of our
country itself, Microsoft Company, has recognized
and rewarded the OMNIS GROUP product that was
subsequently pirated and 2. how notorious some
features downloaded from Microsoft can be, as to
appear absolutely identical both in the ISIS.net
software application and in those created by RSC
LLC,
including
the
programmer`s
imprint,
orthography and grammar errors?

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Needless to mention that the court was in no


mood to even consider ORDA expertise report no. 1
of 23/06/2008, which states in black and white what
is "an original work of intellectual creation, within the
meaning of Art. 7 of Law 8 / 1996 on copyright and
related rights.
As a conclusion, Justice has had the occasion
to decide, on one hand, between the defendants`
statements and the expertise of a specialist in
computers - and not software or copyright and, on
the other hand, among other three (3) technical and
scientific findings, two (2) legal technical expertises,
one (1) criminal expertise and one (1) expertise on
copyright. In spite everything, it concluded that the
defendants and the expert in computers are right, as
compared to the opinions of others, who are real
specialists, and who claimed that the OMNIS
GROUP product has been pirated. In addition, the
representatives of justice did not take into account
the circumstantial evidence of piracy, which
demonstrates that a company with one, two or three
employees
cannot
achieve
a
software
implementation of this scale overnight.

ANNEX 3
Ministry of Interior
Medical Department
Emergency Hospital of the Ministry of Interior
"Prof. Dr. Dimitrie Gerota" Bucharest
No. 232 762/M of 19.06.2003
To
GENERAL
DIRECTORATE
OF
INTELLIGENCE AND INTERNAL PROTECTION
We have the honor to ask you, according to
the regulations of the Order No. 340 of November 1,
2002, of the Ministry of Interior, regarding the
donations and sponsorship within the Ministry of
Interior, to favorably endorse a donation offer. This
donation consists of a software for the management
of medical activities, in value of 4,852,650,000 ROL
excluding VAT (according to the address no. 31 from
June 18, 2003, which we annex in copy), offered by
the Medical Foundation Prof. Dr. Dimitrie Gerota
from Bucharest.
We mention that this software is necessary to
our unit in order to improve the medical activity,
because it can better reflect the flow followed by the
hospitalized patients, including the financial costs

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and the activity of contracting and reporting to the


Insurance House.
Accepting the donations will decrease the
expenses with the medical act in the context of
insufficient funds assured by the social health
insurance system.
We annex hereby a copy of the address no.
141.868 of June 16, 2003, of the Communications
and Informatics Directorate, which presents the
conclusions of this Directorate after testing and
verifying the software product that is to be received
as a donation.
On those presented above, please dispose
appropriately.

ANNEX 3
Ministry of Interior
Communications and Informatics Directorate
Not Secret
Nr. 141.868
Bucharest, 16.06.2003
To the Emergency Hospital Prof. Dr. D. Gerota
Chief Commissioner Rosu Viorel hospital
manager
th

Yours sincerely,
Director of the hospital
Chief Commissioner
Dr. Rosu Viorel

I have the honor to inform you that on June 6


2003 participated at the presentation of the
HIPOCRATE application, on behalf of the
Communications and Informatics Directorate, Mrs.
Cms. Corina Artopolescu and Mr. scms. Ovidiu Ursu.
Following the applications presentation and
discussions with representatives of the development
company and with system users, the next ideas can
be highlighted:

The application was tested by the beneficiary.


Following the testing session, an acceptance minute
that stipulates the modifications necessary for
optimal program functioning, as requested by users,
was signed.
The software product answered to current

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MICROSOFT

requirements but, due to law changes and to the


National Defence medical system, this has to be
changed according to new requirements.
In the future, according to the current
legislative context, yearly and as many times as
required, the frame contract and reporting to the
Health Insurance House change significantly,
implying a dynamic application evolution.
The donation did not include the source code,
but only the rights to operate the application. This
implies that any change required by the beneficiary
can only be implemented by the developer.
The application allows remote operation,
situation currently in use. The hospital has also
spaces in two distinct locations that are connected to
the hospital server. In the future, the system will be
connected to the Clinic of the Ministry of Interior and
to Medical Directorate locations. The existence of a
unique database is imposed by the unique reporting
requirements.
The hospital specifics, given by the medical
system of public order and National Defence,
impose that the acquisition of a product from the
market implies modifications and customizations
according to these specifics.
With high regards,
Chief of the Communications and Informatics
Directorate
Chief Commissioner eng. Constantin Grigore
signature and stamp

ANNEX 4
Right to reply requested to ZIUA daily by RSC
LLC on 14.05.2007 and not published for the
reasons set out in Chapter III.
ZIUA daily has won a well-deserved place on
the media market by the professionalism, the
accuracy and the high code of ethics that one can
meet in every article published.
Based on these assumptions, we would like to
clarify some aspects related to the article published
on May 14, 2007, aimed at the so-called RCS
software piracy:
1. The competent authorities completed the
criminal investigation concerning the case by
concluding that the deed was not done.
2. The owner of OMNIS GROUP LLC has a
passion for filing both criminal and civil complaints,
reaching a record performance of 270 such
complaints against police, prosecutors, postal
workers and all social categories beginning with the
letter P. We understand the eccentric passion that
he has developed and nurtured with such
perseverance.
3. We are absolutely ecstatic that Dan Coste,
the author of the article, took so much care to
present as equidistantly as possible the facts, which

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MICROSOFT

are sacred and the comments, which are free. Your


editorial office should be proud of such journalists
who demonstrate a high sense of ethics and a deep
analysis capability, thus perpetuating ZIUA daily`s
good reputation.
4. The only thing that was noteworthy in the
article was Bill Gates envy towards the
achievements of RSC. We will do everything
possible to notify him on the matter.
We are available for further details and we
invite you to also contact us in the future in order to
provide you with the necessary information for your
journalistic efforts.
Yours sincerely,
Elisei Crciun
RSC General Manager

ANNEX 5
Complaint of RSC LLC against me, addressed
to the Romanian Press Club`s Board of Honour, in
the attention of President Cristian Tudor Popescu.
RSC would like to draw the attention of the
Romanian Press Club`s Board of Honour on some
flagrant violations of the Journalist`s Code of Ethics
that ZIUA daily encourages in some of its articles.
We are referring to the "Software Piracy at Dr.
Death`s Hospital" article published on 14.05.2007,
"Piracy within the Ministry of Interior and the
Romanian Intelligence Service" article published on
05/06/2007 and " Vldescu`s Pirates", published on
15.06.2007, that bring serious image damage to
RSC.
The author of the journalistic approach, Dan
Coste, infringes Article no. 5 of the Code of Ethics,
which states: "In case of divergent opinions, the
journalist will publish the views of all parties involved.
No accusations will be made without giving the
accused the opportunity to express his or her views
... The journalist will not take the place of the public
institutions. In addition, Dan Coste violates Article
no. 2, which states: "the journalist can only publish
information whose reliability is certain, having
previously examined it, by usually using at least two
credible sources".

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It is unfortunate that ZIUA LLC, which is a


founding member of the Romanian Press Club and
member of the Honorary Board, encourages such
conduct that grossly violates the right to image.
Moreover, we were not even given the right of reply,
although we have requested it following the
publication of the "Software Piracy at Dr. Death`s
Hospital " article on 14/05/2007.
We express our indignation that ZIUA LLC,
founding member of the Romanian Press Club, does
not understand that the journalistic activity has a
strong social responsibility side that every journalist
should actively uphold.
Please take the measures you consider
appropriate in such a situation.
Many thanks,
Bogdan Savu
RSC Executive Manager

ANNEX 6
Network of the dying
(Article published in ZIUA on August 15, 2006)
Crooks and law breakers have invented ways
to steal homes in which people sleep peacefully, with
the property title certificates under their pillow. In
order to delete any traces, criminals employ people
on their deathbeds, who die soon after having been
used. Neither those who lose their homes overnight,
nor the dying accomplices have any idea of the
swindlers` plan. Thieves use false notarial acts
issued in the U.S.[sic], that they later capitalize on in
Romania with the support of a notary. Then, based
on the principle of good-faith buyer, the swindlers
become legal owners of the stolen houses.
Confronted with such mischievous acts involving
people who should defend the law, the Ministry of
Justice, the Police and the Prosecutor`s Office are
only simulating investigation. The injured parties are
forced to live their lives inside the courts, trying to
recover the homes that have been stolen from under
their noses. The ramifications of the fraud extend to
"Prof. Dr. Dimitrie Gerota Hospital of the Ministry of
Administration and Interior and to the Romanian
Police. ZIUA presents you the case of two patients
who, as false trustees, sold properties while they
were suffering from terminal cancer and were non-

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transportable.
The
beneficiaries
of
these
transactions are colonel surgeon Adrian Murea and
Joseph Stark. All papers involved in these frauds
have been certified as valid by the public notary Livia
Alexandru. If Stark was put behind bars due to the
criminal offences that he had committed, doctor
Murea, surgeon at the Hospital of the Ministry of
Administration and Interior, is untouchable. And so is
the notary who approved the revolting sales.
Prosecutors claim that the Ministry of Justice would
not give its consent for the investigation.
Transactions on the deathbed
It all began when four heirs living abroad have
reacquired the property rights on the building at 39,
Kiseleff Street.:
a property consisting of three
buildings and an area of nearly 4000 sqm. Shortly
thereafter, the property was sold by the trustee of the
four, namely tefan Gavril, to HARDINCOM 2000
LLC, represented by the Iraqi Ihab F. Abed. On the
same day, public notary Livia Alexandru certified this
transaction and another one, by which the property
was sold to Joseph Stark. At first glance, everything
looks legal. However, the reality is different. The four
heirs did in fact never intend to sell their property.
Therefore, it was a fraud involving false powers of
attorney issued on behalf of tefan Gavril by
Californian public notary Shelly Schwartz. However,
these could not be legal because none of the heirs
was on U.S. territory at the date when it was drafted
and even more, the document did not bear the
necessary Apostille. In addition, Gavril was 75
years old, suffering from cancer and was admitted

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123

into Dr. GerotaMinistry of Interior`s Hospital.


Moreover, the old man died two weeks later, all the
while being non-transportable. More specifically, he
could not have come into the office of notary Livia
Alexandru (on May 23, 2002). The border police has
documents certifying Iraqi citizen Abed`s entrance
into our country in 1997 but since then they no
longer have any data on him. In addition to that,
during the searches conducted in Stark`s home, a
passport issued on his name was found there. It
should also be added that, although the deceased
trustee`s family has repeatedly insisted that the
hospital releases his medical records, they have not
yet come into their possession.
Dr. Murea gets involved
Just two days before these two dirty
transactions, notary Livia Alexandru authenticates
another sale-purchase agreement. This time it was
between Graziela Wagner and Doina Ionescu
Dumitrescu and it concerned another building in
Bucharest located on 75, Emanoil Porumbaru Street.
On signing the documents, the seller was
represented by trustee Adrian Murea, colonel
surgeon at the Ministry of Interior`s hospital. His
status was given by the power of attorney drafted
before public notary Antonio Martinez in New York.
Yet again, the power of attorney did not contain the
necessary Apostille, the military doctor not being on
vacation during that period and even less on the
American continent. Moreover, that Martinez does
not even exist, and a stamp with similar digital
imprints to that on the power of attorney was found

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in Stark's home, when searched by the nice police


forces.
To denounce Stark - because there was no
other solution PICCJ, by prosecutor Alexandra
Mihaela inc`s signature, "orders the severance of
the cause in view of further research. On one hand,
notary Livia Alexandru was removed from the picture
because the Ministry of Justice would not have
consented to her arraignment; and on the other
hand, prosecutor inc failed to establish the exact
contribution of Murea in committing the offense, thus
clearing his name.
In other words, the colonel had used a fake
power of attorney to defraud owner Graziela
Wagner, the stamp that had been used was found in
Stark`s home, but between the two accused no
complicity could be established. Moreover, no one
was able to find out who had forged the documents,
although the stamps have been found in Stark`s
home. This could only mean that: prosecutor inc
either believes that the injured victims are stupid or
that she has some well-defined interests to treat
them as such.
Swindling involving Sadoveanu`s house
In 1988, having dual citizenship, Romanian
and Swiss, Drago Ricanu bought from RuxandraIoana Huch a property in a privileged area of
Bucharest. The building is in District 1, on 47, Barbu
Delavrancea Street and is composed of a house, a
garage and an area of 788.1 square meters. It all
costed 300,000 USD. In good agreement with the
tenants, he offered them two apartments in a block

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125

of flats and a studio, concluded bailment agreements


valid throughout their lives, assumed to pay all
maintenance costs and even further than that, to
also give them other material support. At the time,
the press commented on this arrangement, given
that one of the women was none else but Profira
Sadoveanu daughter of the writer with the same
name, who has since died. Another tenant was
Sadoveanu`s son-in-law, former director of the
Romanian Radio Broadcasting Company between
1928-1930.
Towards the end of '98 and with the intention
to repair the building on Delavrancea Street, Ricanu
ordered a technical expertise that ascertained its
high degree of deterioration. Around that time, he
also learned that the house was on the list of
memorial houses, and not on that of historical
heritage buildings. A whole procedure followed,
through administrative channels, to free the property
of charges in order to be demolished and have
another be built instead. There were lawsuits,
including with the Ministry of Culture - although
Sadoveanu had lived there for only five years -, but
eventually the final decision has been given in favor
of the new owner.
The surprise came in May 2003 when, being
in Constana, Drago Ricanu learned from his
assistant that he could no longer pay the taxes on
the property he had purchased. The reason: it no
longer belonged to him. The surprise turned even
bigger when he learned that he had supposedly sold
his house to a colonel working within the Ministry of
Administration and Interior; that he was none other
than surgeon Adrian Murea from Dr. Gerota

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Hospital; that the sale, accomplished through a


trustee, had been certified at a notary office in
Bucharest; and that the office belonged to notary
Livia Alexandru and it was located on 23/10, Ion
Cmpineanu street, ap. 72, district 1.
Stunned by what was happening Ricanu
addressed the Chamber of Public Notaries by
soliciting the presence of Livia Alexandru and the
archive file. To be noted that the spokesperson of
the institution was Alexandru Basarab inc, the
father of the prosecutor who would investigate the
case and clear Adrian Murea`s name.
With great astonishment, Ricanu learned
that, in 2002, in the U.S., he had supposedly
mandated a certain tefan Macovei to sell his house
in Bucharest. Aside the fact that he has never in his
life heard of Macovei and of doctor Murea, Ricanu
had not even been in the U.S. for the last five years.
From this point on, being the injured party, he has
begun his own investigation in parallel with the
Police and PICCJ.
Mystery resolved
"Trustee" tefan Macovei was an active
worker in the Ministry of Administration and Interior,
and had been in fact doctor Murea`s patient in the
ministry`s hospital. In addition to that, the old man,
also suffering from cancer - great coincidence! "considered" selling his treating doctor a luxury
home right before he died. Thus, about two weeks
after the conclusion of the transaction by which
Ricanu lost his home, he passed away. Moreover,
although under perfusion and morphine, nearly

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unconscious and non-transportable, according to the


fake documents he had managed to reach the notary
office of Livia Alexandru.
In his own opinion, Ricanu believes that Dr.
Adrian Murea intended to further sell the property
gained through this large-scale fraud, the next buyer
or buyers becoming bona fide purchasers. Only that
this was not possible due to the following reason.
When signing the sale - purchase agreement,
Ricanu only paid a deposit to Huch, the house
remaining free of any rights to a vendor`s lien until
the whole amount would have been paid. The buyer
paid the rest of the money through a bank in
Switzerland, but the privilege has not been raised,
and Dr. Murea, or those who have manipulated him,
could not implement their plan concerning the
successive sale of the property.
Ricanu takes the stand
"Such real estate scams are possible within a
window of opportunity of only one year. While the
legal owner pays the taxes, he is defrauded by the
Mafia by several successive sales performed during
one year. At some point in one of my conversations
with Mr. Murea, three months after I had learned
about this real estate theft, I have asked him how did
he think that I would ever accept to be cheated in
such a way, since he can not prove that he paid to
buy that house. Using a calm voice tone and being
very self-possessed he answered: "You do not even
know what world youre living in". He addressed me
with a calm, friendly, almost paternal voice, which honestly speaking - terrified me. For the first time in

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my life, I was truly scared. I have been listening to a


MAI officer, who is also a surgeon, and who was
discretely threating me by being in conspiracy with
one of the biggest crooks, and by that I mean
Joseph Stark."
Murea believes he is the victim
I have contacted Dr. MAI and he posed as
victim from the moment he learned of the
investigation initiated by ZIUA. "Have you seen the
sale - purchase agreement? I cannot tell you how
many troubles I had to face because of this
transaction. Of course, I agree to meet, to talk. I`ll
even give you my phone number."
I have called Adrian Murea on the phone on
five different ocassions. First, he asked me to
postpone the meeting to the next day, and that he
would call us. He has not. The second time, we
settled for Thursday. Then, either he was about to
meet with some friends, or he was in the surgery
hall, which proved that our journalistic approach has
been futile. To this day, we are still waiting for him to
contact us, as we are convinced that Dr. MAI has
much to hide.

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129

General Inspectorate of the Romanian Police had


started a secret investigation in order to clean
Dr.Mureas name. After much insistence, Ricanu
found out about this from deceased Macovei`s
family, whose children - another coincidence - are
both working within the Romanian Intelligence
Service - SRI. The investigation was in charge of
Superintendent Cristian Ene. Ricanu solicited to be
received and, after four days, he reached an office
located on tefan cel Mare Street and found himself
in the company of seven police officers. Next, we
quote again the true owner of the property: "I have
told them from the beginning that there was reliable
data and evidence on the offenders. They kept
beating around the bush and telling me that they had
no information to claim something like that, that there
were no such records in the archives and other
similar stupidities. Moreover, col. Nesterov
recommended that I had better stood there, in
Switzerland, with my wife and children, as in
Romania many things can happen - someone can
simply harm us someday. He continued threatening
that if I did not give them some kind of statement, I
would not be allowed to leave the country anymore,
although I have dual, Romanian and Swiss,
citizenship,."

Colonel Nesterov is threatening


Retired to escape the severity of the law
Although the Police and the Prosecutor`s
Office had been notified concerning a possible fraud,
no one knows how, but Dr. Murea managed to
register the building on Delavrancea Street in his
name. Three weeks before, col. Nesterov, Director of
the Judicial Investigation Directorate within the

Subsequently, the Prosecution Office has


proved that the empowerment through which the
deceased Macovei had sold the property to Ricanu
is false, and such is the alleged signature of the
owner, Drago Ricanu. In the U.S., there was

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neither a notary named Helene Nilson, who could


have authenticated the empowerment, nor a
Richmond Department within the state of New York.
Also, according to the graphological expertise of the
Forensic Institute within the General Inspectorate of
the Romanian Police, "the signature in dispute
submitted to the position ..." in the sale-purchase
agreement no. 424/4.10.2002 was not done by
tefan Macovei.
Ricanu further accounts:From that moment
on, there has been a dissension between the
controversial police officer Nesterov and his
subordinate, Ene. The colonel seized the file, saying
that he would solve the matter, but his subordinate
Ene opposed him, arguing that the case had been
assigned to him. For my family had been threatened,
I warned colonel Nesterov that I would call the
attention of the Western press trusts to write about
this fascinating subject. The police officer then
loosened up and asked me not to do that, because
he would solve the problem. After one week, even
though we had talked on the phone just three days
before, I learned that Nesterov had retired.

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131

across a company that deals with ventilation


systems, the people there having no idea about any
public notary. After more investigations, we have
discovered that Livia Alexandru tried to delete all her
traces by secretly changing her office`s address into
66/37, Mr. Alex. Cmpeanu St., ap. 4, District 1.
Meanwhile, we have found some more issues that
raise even more question marks concerning the
individuals involved in this real estate fraud. Here are
some examples: deceased Macovei`s family had
filed a criminal complaint against Dr. Murea, but
subsequently they withdrew it all of the sudden.
The Chamber of Public Notaries had
concluded after its own investigation, that Livia
Alexander was not guilty.
In all criminal cases, and especially in the civil
ones, in which Drago Ricanu had been seeking to
restore his right as owner of his own property, there
have been countless postponements so that the
case remained unsolved. Meanwhile, Dr. Adrian
Murea has tried a new science-finction type of
maneuver.
Obscure maneuvers

(Today he is part of the management of the


District 2 Community Police Force, in addition to his
retirement pension also cashing a nice salary from
public money)
"Spicy" details
We have tried to contact public notary Livia
Alexandru, at her office located in 23, Ion
Cmpineanu Street. At that address, we came

Noticing that he could not sell the property


whose owner he had fraudulently become, "Dr. MAI"
simulated the conclusion of a fake loan contract with
Ioana Simona Diaconescu, dwelling in 17, Schitu
Mgureanu Street, ap. 10, District 1. The retired old
woman, who could barely make it to the next day,
would have lended the surgeon an amount of
250.000 USD. Moreover, because he had not
returned the money, six months later she addressed

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the courts. At the first hearing, the debtor, by


defending lawyer Calina Terzi, admitted to the debt
without protesting in any way, the decision
concerning the refund remaining irrevocable. In late
April 2006, Bucharest District 1 Court authorized
forced execution on the property at 47, Barbu
Delavrancea Street, in favor of loaner Diaconescu,
although the house was in dispute because of the
way it had fraudulently become property of Dr.MAI.
The real estate network`s intention was clear,
namely to dispose of the stolen property as soon as
possible, such as to further complicate the situation.
This mafia`s lawyers are well aware of the fact that
to suspend the forced execution, the solicitant must
make a deposit of 10% of the property`s value. In
other words, the owner who has been robbed is
forced by law to pay even more money because of a
crooked justice and an absurd legislation.
It should also be mentioned that, in 2000,
another loan contract was concluded, - perhaps also
fictional - this time between Dr. Adrian Murea and
Elena Diaconescu, living at the same address 17,
Schitu Mgureanu Street - with Simona Ileana, his
relative. This time, "Dr. MAI" has lent the woman the
amount of USD 50.000, while she pledged her own
apartment in return.
(Following that, Chief Commissioner Surgeon
Adrian Murea has once more tried to dispose of the
property, but things did not work quite as expected.)
Mafia tentacles
On January 25, 2006, this shameless real
estate theft cause was declined by the DNA, but the

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133

institution`s prosecutors were strangely in no rush to


complete the investigations. Meanwhile, in order to
recover his property, Ricanu has been trying to get
the cause to be prosecuted under the civil law this
being suspended but he is always deferred. The
pretext is that the Prosecutor`s Office is expected to
issue an address proving that criminal investigations
have also been started against notary Livia
Alexandru. Taking into account the damage suffered,
the Civil Procedure Code contains a regulation
according to which the court may hear such a case
under civil law regulations, but everyone seems to
ignore it. In this case, we are entitled to believe that
tentacles of the real estate scams network stretch as
far as the Romanian Justice, not to mention the
criminal investigation authorities, namely the Police
and the Prosecutor`s Office.
Joseph Stark, international criminal
This character`s name is well known in the
U.S., Romania and other countries for all sorts of
scams, from defrauding many citizens who wanted to
work abroad and frauds involving banking
documents issued by fictitious banks, to theft and
successive sale of properties of great value, also
based on false documents. In 1981, he served time
in prison for aggravated theft. In May 1997, he also
served a sentence of two years, and then came back
in force. According to the prosecution indictment,
being recidivist, he also received four years
imprisonment for offenses under Art. 215 Cp Fraud. On 29/07/2003, provisional arrest was
ordered in absentia, and the order was prolonged by

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successive conclusion until 25/03/2004. Before the


police put out an APB on him, Stark managed to
steal a piece of land in Primverii neighborhood right
from HM King Mihai I himself.
In 2003, the FBI addressed a request to the
Romanian Police, bringing to the attention of our
authorities that citizen Joseph Stark was being
pursued in the U.S. for frauds involving works of art.
At that time, the swindler lived in Cotroceni
neighborhood. After a stakeout of several weeks, his
house was searched and several fake stamps,
passports, forged powers of attorney acknowledged
by notaries and sale-purchase agreements
concerning some properties in Bucharest were found
in his dishwasher. He was taken into police custody
and required to give a statement, but this
experienced, wicked-minded individual refused,
citing lack of defense. And as his lawyer was,
allegedly, in Braov, he was released after about
three hours by the nice police officers and was to
return the following the day together with his
defending lawyer.
As was expected, the man disappeared
without a trace. Some time has passed until Stark
was finally identified and detained at Bor border
crossing point, where, late last year, he was arrested
and handcuffed.

Doctor Death
(Article published in ZIUA on August 30, 2006)
Col. Dr. Adrian Murea, from the Emergency
Hospital of the Ministry of Interior "Prof. Dr. Dimitrie
Gerota, has done real estate business with two

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135

patients suffering from cancer. They died two weeks


after their identity was used in the theft of two
buildings. The evil character in the white medical
gown has abused his own child and mother and then
stolen his father-in-law`s car. Being protected by
influential persons in the Romanian Police and the
Prosecutor's Office, it has been years now since the
swindler in the Ministry of Interior continues to drive
a Mercedes and laugh the injured parties in their
faces. Murea lives in a house of protocol of the RAAPPS (Self-governing Department for Administration
of the State Heritage and Protocol) although he
owns an apartment of four rooms. Even though
suspected of mental instability, the colonel is
ORNISS (National Registry Office for Classified
Information)-attested, having access to state and
military secrets. "Dr. Death" has been cleared on
every occasion despite all investigations initiated by
various Prosecutors' Offices who later disposed not
to take legal action (NUP) against him. On the first
place on the list of his protectors is prosecutor
Alexandra Mihaela inc, from the Prosecutor's Office
within the High Court of Cassation and Justice of
Romania.
ZIUA focused in the article "The network of
the dying" - on August 15 2006 - on one of the real
estate mafias in Romania, where "Dr. MAI" has
major implications. Meanwhile we have continued
our investigations, being able to present to the public
opinion another series of data and other evidence
which proves - unquestionably that the place of
Adrian Murea is not in the public life, but somewhere
behind bars. Also, in a normal country, its protectors

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should keep him company. We mention that the real


estate mafia to which we refer will not be fully
exposed, due to the large volume of information,
testimonies, evidence, data and evidence which we
have, in the network activity being involved over a
hundred people. The number of properties on which
this network (in our opinion the most extensive
acting in Romania) made its eyes rises to more than
115 buildings. The ones who lose are the Romanian
citizens in the country and abroad, but especially the
Romanian state, which is the owner of properties not
claimed by the former owners, grabbed by the mafia
with false documents. Despite all the evidence which
confirms what we've said until now, our famous
Prosecutor managed to identify only one blamed in
the person of Joseph Stark, or on his baptism name
Enel Joseph Stark. And since his arrest have past
more than three years, while conjugate efforts were
made to cover up the criminal acts, waiting for then
to become prescribed.
First dying, real estate broker
In the article "The network of the dying" we
reveal to the readers, from data obtained indirectly
from the innocent Public Ministry - Prosecutor's
Office near the High Court of Cassation and Justice,
how the property from Bucharest, 39 Kiseleff Street,
District 1 was stolen. Through false notary
documents, issued by a notary from USA which does
not exist, the empowered Stefan Gavrila has sold the
property of four heirs from abroad to the company of
a person from Iraq. About Ihab F. Ahbed, the
Romanian authorities do not know anything since

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137

1997, when he entered the country. In the same day,


and at the same public notary Livia Alexandru, the
property was sold by the Arab to Joseph Stark; the
latter became, ostensibly, good faith buyer.
But, at the signing date of the sale-purchase
contract, Gavrila was in terminal phase, suffering
from neoplasm, after being the patient of "Doctor
Death", at the MAI Hospital. Some time before, as it
was declared by Mureas former concubine, an
outrageous act has happened, when the old man
has checked in the hospital. Because Gavrila did not
have any money to give to the colonel who took care
of him, he was transported home with his vehicle,
taking some painting from his wall. Two weeks after
the identity of the 75 years old person was used to
accomplish the fraudulent transaction, he died,
unconscious of what happened.
Cheating made by a colonel and doctor in the
Ministry of Interior
With just two days before the legalization of
the notary documents regarding the theft of the
property in 39 Kiseleff Street, Dr. MAI has
committed another cheat. He has signed, this time
having the so-called quality of empowered of the heir
Graziela Wagner from America, a contract through
which he sold to Doina Dumitrescu the property from
75 Emanoil Porumbaru (former Campia Turzii). The
documents were made also at the Livia Alexandrus
office, against which, not even until today was
started any investigation by the proper authorities.
The empowerment used by Murea, issued by the
public notary Antonio Martinez from New York, USA,

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MICROSOFT

was also false, the notary being inexistent.


Also in this scam, the innocent prosecutor
Alexandra Mihaela Sinc did not manage to establish
the exact contribution of Dr. MAI in this crime,
disposing NUP (no reason to start criminal
investigation) in his case. It is to be mentioned that
Alexandra is the daughter of public notary Alexandru
Basarab Sinc, spokesperson of the National
Chamber of Public Notaries in Romania. Character
involved in legalizing of sale-purchase contracts
through middle man, of a property located in 12
Emanoil Porumbaru Street. This transaction was
planned by another real estate network, coordinated
by the couple Anton Stan and Carmen Anghel, about
who ZIUA wrote on 30.07.2005 and 7.09.2006.

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139

the notary Livia Alexandru.


Later on, it was proven that the American
document was a false, no notary by the name of
Helene Nilson exists on the USA territory, not even a
Richmond Department in the New York State. Also,
the owner Riscanu has proved that he did not cross
the ocean for the last five years. Even in this
situation, the same blind prosecutor Sinc could not
be held responsible for complicity with Doctor
Death in this business. This time, disposed the
segregation of the cause, to stall time and escape
the liability. Not even against the notary Livia
Alexandru could not been taken any actions,
because Ministry of Justice did not give its consent
(if someone ask for it) for her research. This thing did
not happen, which is weird, not even until today.

Second dying, real estate broker


Murea never wanted the child
In 2003, Dragos Riscanu noticed that he is no
longer owner of the house from 47 Barbu
Delavrancea, which he purchased with legal
documents from the former owner. The new owner:
no other than Doctor Death. From the file, it came
out that Riscanu, when he was in USA, has
empowered Stefan Macovei to sell the property. That
document was issued at the public notary Helene
Nilson, Richmond Department, New York State,
USA. After that, Macovei suffering from neoplasm,
in terminal phase, was not-transportable, semiconsciousness and on morphine sold the house to
his doctor, Adrian Murea, that took care of his
medical status. Care so good, that the old men died
two weeks later, just like Stefan Macovei. The false
sale-purchase documents were also authenticated at

Nicoleta Mirela Nunweiler, daughter of the


former football player Lica Nunweiler, has known
Doctor Death from her childhood, but her intimate
relationship with him has begun in 1998. The
concubinage act was held later in an apartment in
Intr. Av. Theodor Iliescu no. 72, state protocol house
illegally owned by Mureas father Victor, because he
already owned a four rooms apartment, personal
property, in str Turda nr. 94 B, floor 1, AP 5.
The result of the relationship between the two
of them is the child Andrei Nicolas Murea Nunweiler.
Dr. MAI recognized his son 15 days after his birth,
because he never wanted the child. The relationship
between the two of them has ended in December
2001, after the death of Victor Murea, former ministry

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MICROSOFT

of petrol on gas during the communists, after that


being prefect of Buzau and Mayor of Tg. Jiu, being
very close to Ion Iliescu.
Not long ago, Doctor Death made an
exchange with Ioana Moldovan, known actress
which flirts with the television. For the two rooms
from 72 Av Thedor Iliescu has received three rooms
and a bonus of 15.000 EUR. Moldovan needed
Mureas apartment, because she already bought
another apartment in the same property and wanted
to complete the property. It would not be excluded
that in the meantime, both to be bought - with the
complicity of the RA Apps - the two houses at
derisory prices.
A monster in white gown
We will now pass the word to Mirela
Nunweiler, which confessed to ZIUA reporters:
"We have refurbished the apartment from
Turda Street from my money - 16.000 USD
planning to move there, because in Intr. Av. Iliescu
the dampness reached half of the walls. On 28
august 2001, my father gave Adrian the right to drive
his car, Mercedes E Classe, valued at 30.000 EUR.
The only condition imposed by my father was that
the car to be parked each night in our garage,
because we lived on the same street and Murea did
not had a garage. On 29 March 2002, after not
parking the car in the garage one night before,
Adrian told my sister that the Mercedes was stolen
and that we have to report the incident to the Police.
In the same day, around lunch, I was kicked out of
his house with the Police, on the reason that I had

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141

no right to live there. I had no choice; I took my child


and went to my father. I want to tell you that Adrian
has always treated badly his son. When he cried,
Adrian ignite all four meshes of stove and held the
child above the flame, burning his feet. Other times,
Adrian put the child between two big boxes and gave
the music to maximum to quiet him. It is clear that
the child will turn red and purple and cried as much
as he could.
Thief covered by the Police and Prosecutor
Three months after the disappearance of the
car licensed B-74-NEC, a notarial document
appeared, legalized by the same notary, Livia
Alexandru, through which Lica Nunweiler sold the
Mercedes to Doctor Death. Through the complicity
of some employees from the Police located at
Logofat Udriste Street, the car was licensed with the
number B-90-AVM (Adrian Victor Murea). As of the
false signing of the sale-purchase contract, the
lawful owner of the Mercedes was checked in the
Floreasca Emergency Hospital, following a crisis of
renal colic.
After a competent investigation of the
problem, the Prosecutor considers that there is no
sufficient evidence to start a criminal investigation of
Dr. MAI, leaving him free. Furthermore, the car is at
one time confiscated at Bors customs, when some
persons tried to take it out of the country. Quite
paradoxically, the Mercedes is returned to Adrian
Murea and not to the lawful owner Lica Nunweiler.
Subsequently, all devoid of imagination, "Dr Death"
has manufactured another license plate (B-83-AVM),

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MICROSOFT

to lose track of the car. Not even until this moment,


there is no accusation on Murea regarding the theft
of the car through false and use of false. However,
even if the Mercedes it is still listed as stolen, Dr.
MAI goes to work with the car, based on a
statement on his own responsibility given to the
Police.
Mentally unstable, but holder of ORNISS
certificate
Since he kicked us out of the house, he did
not come to see his child, but to beat me, confesses
Nicoleta Mirela Nunweiler. Until now I have tens of
medico-legal certificates, which I submitted to the
Prosecutor and judges, but all was for nothing.
Adrian is well protected by the Romanian Justice. He
beat me on the street, in the market, in the stores,
with or without witnesses. For the last three years,
no one wants to make light in this case. At one point,
he took a medical certificate, which confirms the fact
that he had a moment of lost which lasted three
months. Certificate which, in reality, was bringing to
his house, after he made a phone call. Based on this
forgery he escaped all the accusations regarding the
harm which was brought to me. I cannot imagine
how men like him, with which I had the bad luck of
getting involved with, can be a colonel at the Ministry
of Internal and owner of ORNISS certificate.
To clarify those who are not specialists, some
specifications are imposed. The access to classified
information is allowed to some persons who have a
security certificate or access authorization.
According to the legislation, ORNISS issues such

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143

documents, based on complete investigations, which


include: applicant biography, loyalty, habits, relations
and discretion, professional and social conduct, as
well as the concept and the way of life of the
husband/wife of the person who apply for a ORNISS
certificate. The comments regarding the method
through which Dr. MAI has obtained these
distinctions are in vain.
Another patient dead in suspicious conditions
Doctor Death had in his care an old lady
without relatives, that lived on the Lacul Tei Street, in
a three rooms apartment. She was a special lady,
which had in possession many high value goods.
Nicoleta Mirela Nunweiler took her food on a weekly
basis, the MAI colonel hoping that the woman will
die soon and he will remain owner over her
possessions. The problem was that the old lady did
not die, to Mureas despair. Adrian thought for a
while to prepare the woman a cocktail as he called
it to give her a hand, told us the mother of the
child. He threatened me for two years with similar
cases. He said that someone will sing me on the
street or at the market, because he does not get his
hands dirty, and after six hours I will suffer a heart
attack and die. When I did not take care of the old
woman any more, after Adrian kicked me out of the
house, the woman died six months later of heart
attack. I cannot remember her name, but this can be
found out easily as I know the exact address where
she lived until the last moment of her life.

ANNEX 7
MINISTRY OF ADMINISTRATION AND
INTERIOR
INFORMATION AND PUBLIC RELATIONS
DIRECTORATE
PUBLIC COMMUNICATION SERVICE
Bucharest, November 6, 2006
To: ZIUA daily
Attention of: Editor Dan Coste
Following "Doctor Death" article published in
ZIUA on August 31 2006, the Public Communication
Service of the Ministry of Administration and Interior
is empowered to state the following:
Both the issues raised in the aforementioned
article and your referral addressed to the Ministry of
Administration and Interior were subject to
investigations carried out by representatives of the
General Directorate for Control of MAI. Their final
result was the conclusion that Dr. Adrian Murea surgeon at "Prof. Dr. Dimitrie Gerota" Hospital has
not deviated from professional ethics, carrying out
his assignments under the internal rules in force.

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In addition, concerning the allegations made


against him, since the Prosecutor's Office within the
High Court of Cassation and Justice and the
Prosecutor's Office within Bucharest Court
conducted researches and ordered the release from
criminal prosecution and, respectively, to drop the
criminal charges, we do not have the competence,
as an institution, to re-examine them...
DEPARTMENT
COMMUNICATION
Signed unreadable

OF

PUBLIC

CUPRINS
Microsoft Ireland Operations Limited: ................. 3
FOREWORD ........................................................... 5
CHAPTER I ............................................................11
If You Are Not Part of the Solution, You Are Part of
the Problem ............................................................11
The Wicked Protocol ............................................. 12
Secret Partnership................................................. 17
Strategic, Omnipotent Arbiter of the Romanian IT
Market.................................................................... 21
CHAPTER II .......................................................... 29
How to Die with Justice on Your Side .................... 29
The Bewilderments of an Investigative Journalist, an
Endangered Occupation in Romania..................... 33
Software Piracy ..................................................... 34
PHARE funds used for the theft ............................ 35
A Coffee Chat ........................................................ 36
Corruption at High Levels ...................................... 36
Statements and expertises .................................... 37
CHAPTER III ......................................................... 41
Capo di Tutti Capi.................................................. 41
IT Pirates` Accomplices ......................................... 45
Who is OLAF and What Does it Want................... 47
The Thief Shouts Thieves! .................................. 48
How to Silence an Inconvenient Journalist............ 50

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MICROSOFT

CHAPTER IV ......................................................... 55
Copyrights Violated on a Daily Basis..................... 55
Mail Manipulation .................................................. 59
Answer from Microsoft Romania ........................... 61
CHAPTER V .......................................................... 65
Shameless Ministerial Lies.................................... 65
The True Face of Microsoft ................................... 67
CHAPTER VI ......................................................... 75
Microsoft in Quotations.......................................... 75
Last-Minute Conclusions ....................................... 78
Metamorphosis of Black into White ....................... 81
The Journalistic Investigation Continues ............... 82
ANNEXES ............................................................. 85
ANNEX 1 ............................................................... 87
ACTION PLAN of the Central Operative Group .... 87
Intelligence Services rank number three after the
American and the British........................................ 90
Predoiu is recruiting secret agents ........................ 91
Lustration, the only solution................................... 92
Intelligence services that we are proud of ............. 93
ANNEX 2 ............................................................... 95
TECHNICAL-SCIENTIFIC EXAMINATION - ORDA
nr. 3973/31.01.2005............................................... 95
A lot of expert reports and examinations ............... 96
Ill-will, obscure interests, or just incompetence? . 104
ANNEX 3 ..............................................................113
ANNEX 3 .............................................................115

THE GUARDIAN ANGEL

149

ANNEX 4 ..............................................................117
ANNEX 5 ..............................................................119
ANNEX 6 ............................................................. 121
Network of the dying............................................ 121
Doctor Death ....................................................... 134
ANNEX 7 ............................................................. 145

150

MICROSOFT

Dan COSTE Investigation Reporter


Professional
experience:
20
yrs
investigation
journalism, analysis, news. Written media journalist after 1990,
Member of the International Federation of Journalists, Founding
Member of the Association of Journalists Class 90.
1990 main editor Dreptatea;
1991 editor Romania Libera;
1992 editor Tinerama;
2002 special reporter Ziua;
2008 chief editor social dept. UNU;
2009 special investigation reporter Cotidianul;
2010 investigation media freelancer.
Collaborator and coordinator of Timpul Capitalei,
Realitatea Romneasc, Bucureti, Senzaii Tari, Ea
despre Ea, Ion Cristoiu i Max Bnush v recomand,
Curentul, Revista culinar, Povestiri pentru Acas,
Evenimentul zilei, Romnia Express, Reporter special,
"Incisiv de Prahova, radio Tinerama, "Q Mamagazine", "Ziarul
de Investigaii", "Agenia de Investigaii Media" etc.
Author of more than 60 detective and adventure novels,
dozens of educational brochures, Counterfeiting in Romania
(coordinator, 3 volumes), The Consumers Guide, Cursed
Flight Kill In The Name of Allah! (first book published after
9.11.2001 in Romania), etc.
OLAF training in Brussels, February 2007.
danionescu20002000@yahoo.com

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