Is It a Crime to Provide or Receive Polygraph Countermeasure Training?

[George W. Maschke]

As soon as I heard of this, I knew it would backfire on them. The antipolygraph community owes a debt of gratitude to the Customs and Border Protection Polygraph Unit for advancing our cause more than we could ever have imagined. 

I nominate Special Agent John R. Schwartz, head of the U.S. Customs and Border Protection Internal Affairs Credibility Assessment Division, as Antipolygraph Person of the Year.

[George W. Maschke]

A number of court filings in U.S. v. Chad Dixon have become available through PACER. I've purchased them all and have posted them here:

https://antipolygraph.org/litigation.shtml#dixon

Sentencing in the case is scheduled for 9 AM this Friday, 6 September 2013.

[anonymous guy]

After reading these findings what is your take on this? Do you think he should be prosecuted?

[George W. Maschke]

After reading these findings what is your take on this? Do you think he should be prosecuted?

It seems to me that the government has overreached in its prosecution of Chad Dixon, fabricating a crime to pin on him where there had been no prior evidence of any crime. He was targeted for prosecution, and a trap set, because the feds are vexed that people are learning how to pass the polygraph (which is not a crime).

In short, I think a zealous prosecutor overcharged to compel a plea agreement in a case that would have been very risky at trial. Public reaction to the Dixon prosecution has been overwhelmingly against the government. I don't think this has been wise or judicious use of investigative resources or taxpayer dollars, and I think that no public good will come from Chad Dixon's incarceration.

[George W. Maschke]

Fox 25 investigative reporter Phil Cross reports on polygraph policy and the federal government's efforts to target for prosecution those who teach others how to pass a polygraph. In preparing these reports, Cross spoke with Doug Williams and retired FBI special agent and polygraph examiner Bill Brown:

http://www.okcfox.com/story/23320312/lie-detector-questioned-as-federal-spending-soars

http://www.okcfox.com/story/23320427/polygraph-crusader-under-federal-investigation

[George W. Maschke]

Judge Liam O'Grady today sentenced Chad Dixon to eight months in prison for teaching people how to pass a polygraph "test":

http://www.mcclatchydc.com/2013/09/06/201372/coach-in-polygraph-trial-sentenced.html

As I mentioned earlier, I think that the prosecution of Chad Dixon was unwarranted and has serious implications for free speech rights. It should be noted that our government's misplaced reliance on the pseudoscience of polygraphy, and it's unwillingness to come to terms with its vulnerability to simple, undetectable countermeasures, has caused, and continues to cause, much greater harm to national security and public safety than anything Chad Dixon ever did.

[Doug Williams]

Judge Liam O'Grady today sentenced Chad Dixon to eight months in prison for teaching people how to pass a polygraph "test":

http://www.mcclatchydc.com/2013/09/06/201372/coach-in-polygraph-trial-sentenced.html

As I mentioned earlier, I think that the prosecution of Chad Dixon was unwarranted and has serious implications for free speech rights. It should be noted that our government's misplaced reliance on the pseudoscience of polygraphy, and it's unwillingness to come to terms with its vulnerability to simple, undetectable countermeasures, has caused, and continues to cause, much greater harm to national security and public safety than anything Chad Dixon ever did.

Right George, and here is a link to the Washington Post for another story about this:

http://www.washingtonpost.com/local/eight-months-in-prison-for-man-who-taught-sex-offenders-aspiring-agents-to-trick-lie-detectors/2013/09/06/6da0afa8-16f3-11e3-a2ec-b47e45e6f8ef_story.html

I love what the judge who sentenced Dixon, Judge O'Grady, said in the last part of the article.

The McClatchy news organization reported last month that Dixon's case was part of a broader federal effort to discourage possible criminals and spies from getting government jobs using polygraph countermeasures. The case also reignited a national debate on the accuracy of polygraph testing — a debate that played out in court Friday, when O'Grady seemed to deride the accuracy of the tests.

"They're very useful tools," O'Grady said, "until you turn the machine on."

[George W. Maschke]

The DOJ's press releases on the sentencing of Chad Dixon, which ironically seems to have been first published online by the DoD IG, all but admits that polygraph countermeasures are effective:

http://www.dodig.mil/IGInformation/IGInformationReleases/IndianaManSentenced_20130906.pdf

[Ex Member]

It is clear from the relatively light sentence and the judge's comments that he knew this was a dirty case. IMHO what sank Mr. Dixon was the planting of the egregious details (sex offenders allegedly hiding crimes, drug smuggling into jails etc.) and then becoming a party to the "cover up."

It is possible to give countermeasure training to someone without knowing a single detail about their intentions or past history. Not quarantining himself from the details was his downfall.

[pailryder]

Arkhangelsk

What sank Mr. Dixon was the fact that he was guilty and admitted it!  The fiction that cm's are for use by the truthful has been exposed.   

[quickfix]

It also exposes the fiction that CMs can't be detected.  See the attached Washington Post article for Saturday 7 Sept

[George W. Maschke]

Quickfix,

The Washington Post article you cite does not document any ability of the polygraph community to detect countermeasures. All it shows is that an applicant accused of using countermeasures confessed.

In 2012, CBP accused 6% of applicants polygraphed of using countermeasures. Even if those 6% were selected at random from among those polygraphed, without reference to the charts, it's likely that some of those accused would indeed have used countermeasures, and some of these might make admissions when interrogated.

It seems to me that the existence of Operation Lie Busters is evidence against any claimed ability of the polygraph community to detect countermeasures. If countermeasures were indeed detectable, there would be no need to go after Chad Dixon or Doug Williams. Countermeasure training wouldn't matter. Those who use countermeasures would be detected.

The government's keen interest in obtaining Dixon's and Williams' business records, in addition to the acknowledgement by the government that some of those trained by Dixon went on to pass their polygraphs, does not suggest that the government is confident in its ability to detect countermeasures. It suggests the opposite.

[quickfix]

Spin it any way you want, George.  People used CMs, people got caught, people confessed.  CMs are detectable.

[Ex Member]

What sank Mr. Dixon was the fact that he was guilty and admitted it! 

Had he isolated himself from the egregious details, he would not have been prosecuted.

[Ex Member]

Spin it any way you want, George.People used CMs, people got caught, people confessed.CMs are detectable. 

Quickfix, are you finally stepping up to the countermeasure challenge?