City of Olean Attorney Moves to Cover up Illegal Surveillance by Olean Police Department. Discover how to protect yourself.

City of Olean Attorney Nicholas DiCerbo, Jr. Moves to Cover up Illegal Surveillance by Olean Police Department. DiCerbo violates Olean FOIL rules spelled out on the FOIL request. Running from the problems proves there is one. This is a Clear indication that the OPD is engaged in illegal surveillance of We the People, their ultimate master. Discover how  to protect yourself from Police State Olean and Cattaraugus. Why all citizens should be concerned and discover how to protect yourself.

Nicholas-DiCerbo-FBIn a move that doesn’t not surprise us, City of Olean Attorney Nicholas DiCerbo, Jr. has denied’s  FOIL request on the GPS locations and communications of OPD on the nights in question when local citizens had noticed that every time they gathered for a coffee at a local fast food restaurant OPD would show up in 15 minutes. This is an update of our original article that described the circumstances that led to the FOIL request. Click here for the original article.

We were even attacked on our Facebook Page by the apologist for corruption, one of which turned out to be friends with public servants, two of which are members of the common consul and another a code enforcement officer.

The arrogance of DiCerbo is amazing. Olean’s FOIL request is proof of it. Notice the statement on the FOIL request;

“You have a right to appeal a denial of this application to the head of this agency… …Who must fully explain the reason in writing for such denial within ten days”

Standard Olean FOIL Request from City of Olean Website - Clikc to enlarge

Standard Olean FOIL Request from City of Olean Website – Click to enlarge

First of all an FOIL Appeal is a reconsideration, in other words the appeal can be granted and the FOIL request can be fulfilled, or part of it can, or it can be denied altogether. However the Olean FOIL request says “hey, we are not going to approve this FOIL on appeal no matter what, however we will only provide you with the reason we denied, nothing more.”  Another local deep state operative exposed. It must also be noted that no where in the FOIL request does it provide the fact that you have 30 days to appeal the denial, but the FOIL request itself implies that you only have ten.

The important issue here is the FOIL request uses the word “must” [provide you with a written reason that we denied it]. Must is a mandatory action term. “must” like the word “shall,” is primarily of mandatory effect” McCabe v Deer Lodge 76 P.2d 634; People v. Finley, 10 N.Y.3d 647, 654, 862 N.Y.S.2d 1, 891 N.E.2d 1165 [2008].

Further §89 4. (a) of the Public Officers Law, Article 6 is specific; “Except as provided in subdivision five of this section, any person denied access to a record may within thirty days appeal in writing such denial to the head, chief executive or governing body of the entity, or the person therefor designated by such head, chief executive, or governing body, who shall within ten business days of the receipt of such appeal fully explain in writing to the person requesting the record the reasons for further denial, or provide access to the record sought. In addition, each agency shall immediately forward to the committee on open government a copy of such appeal when received by the agency and the ensuing determination thereon. Failure by an agency to conform to the provisions of subdivision three of this section shall constitute a denial.” Subsection three provides for how long they have to approve or deny a FOIL request or delays and costs associated with voluminous requests.   Here DiCerbo clearly violated the law, lied and was to scared to sign that it was denied. Why are they so afraid of providing this evidence?

City of Olean Response to FOIL. Violates their own procedure - Click to enlarge

City of Olean Response to FOIL. Violates their own procedure – Click to enlarge

In this case City of Olean Attorney Nicholas DiCerbo, Jr.  not only denied the FOIL, he denied the written response describing why he denied the FOIL. Who is trying to hide what? Further proof that the City of Olean Police Department illegally spies on its citizens, their bosses. Hope you haven’t been texting around racy pictures lately folks, or communicating with a friend about meeting up at a local pub for a couple of beers.

Nothing was checked for the reason of denial, not even the word “other.” They must [mandated by law] describe the reason for denying the FOIL, but DiCerbo refuses to even abide by that.

DiCerbo would go on a state that could file an Article 78, and that then he would provide the reason why he denied it. Article 78’s require that you file it in a supreme court. The fee is $210 plus other fees may be required. See what kind of scum we the taxpayers pay for? $210 for a response on a FOIL denial that even states that a response is mandated. We are considering it, however it won’t be filed in this county. The Supreme Court justice in this county has no problem ignoring US Supreme Court Rulings on jurisdiction, so it will be filed in another county. New York State law allows you to file in any county within the same judicial district. We have heard it more then once if you want the law to be followed and justice done properly, you have to get it out of the county and actually this could easily be a motion for an order to show cause.

What was also interesting is that DiCerbo had called directly from the mayor’s office, not his and it was after we were contacted the Mayor. We have the audios of the phone conversations. One must wonder what these two deep state operatives schemed up. Never deal with suspected deep state corrupt officials without documenting it. You can listen to DiCerbo state he is not going to abide by the FOIL request statements.

Why should you protect yourself from illegal surveillance? The average professional, blue collar or stay at home mom carries on their normal daily routine then goes to sleep, unaware that he or she has likely committed several federal crimes that day. Why? The answer lies in the very nature of state criminal laws. New York is considered the least free state in the country for a reason. Harvey A. Silverglate ESQ. In his eye opening book “three felonies a day” reveals how  criminal laws have become dangerously disconnected from the English common law tradition and how prosecutors can pin crimes on any one of us, and not just professionals for even the most seemingly innocuous behavior. Its not a matter of when but if the corrupt elements of the local and county agencies decide to target you and  New York is in the top ten of most incarceration and correctional supervision rates in the country.

Former National Security Agency contractor Edward J. Snowden said in a wide-ranging interview published on Sunday that the oversight of surveillance programs were so weak that sexually explicit photos they intercepted were shared among government employees who utilized the spy gathering system. However in this county there is no oversight whatsoever and criminals masquerading as public servants actually get rewarded for committing crimes.

“summum ius summa iniuria” More laws, less justice Marcus Tullius Cicero

How to Protect Yourself from Illegal Surveillance

How Stingray and other IMSI Devices Work. Click to enlarge

How Stingray and other IMSI Devices Work. Click to enlarge.

The corrupt local law enforcement in this area regularly deploy Stingray  and other IMSI-Catacher devices which can be hidden in vehicles while surveilling guns shows, protests, including political rallies to obtain a record of the people in attendance for future audits. Also included in this type of surveillance is suspected illegal activity occurring in your area. If you happen to be in such targeted areas where catchers are deployed, all of your data can be intercepted, including your text messages, phone conversations, and your cell’s unique identification so you can be easily identified and tracked later by this metadata.

Law enforcement is not the only ones utilizing these devices. IMSI-Catchers to not only determine their subject’s location, but also find out who is in a specific area at any given time. Identity thieves have also been known to use these freely available tools to manipulate and monitor communications from aerial platforms in residential neighborhoods or from parked cars. At the very least, criminals can use similar devices to steal passwords or credit card data from those who make purchases on their mobile phones.

Then you have the issue of someone installing spy-apps on your phone without your knowledge to track and monitor your communications. Some of the more popular apps are Flexispy, Mobistealth, mSpy and GPS Phone Tracker.

Can I Block a Stingray IMSI Catacher Type Devices?

Stingray devices, also known as IMSI-Catchers work only on the 2G Network if it does not have the Hailstorm upgrade, which cots $500,000.00  You can flat out disable 2G all together and never have to worry about connecting to a fake cell tower.

The GSM is 2G and when it is set to LTE/WCDMA Preferred, if someone jams the 3G /4G LTE service then your phone hops down to the 2G GSM tower which would be in the Stingray range. So by saying 4G, LTE, and 3G only, when the local deep state Olean police department criminals jam your service you simply will have none at all instead of connecting to the surveillance tower on the 2G GSM Network.

Disable 2G On Android To Block Stingray Devices on older phones. This information is for Android devices. Since Apple is moving to China it would be a good idea to stick with android for now.

  1. Pull up the phone dialer and dial *#*#4636#*#* (that spells INFO)
  2. This brings you to the testing screen, select “Phone/Device information”.
  3. Scroll down a little to “preferred network type”, select the arrow.
  4. Change it to LTE/WCDMA Only. It will now stay on 3G/4G/4GLTE and avoid the old school GSM 2G Data towers. If you reboot your phone you will have to turn it off again.
  5. Its also a good idea to turn your Google tracking off, or turn you cellphone off completely when you are not expecting incoming calls.

Newer phones have apps you can download. While nothing is guaranteed to work 100%, every little bit helps. Some of the more popular Android apps are SnoopSnitch, Cell Spy Catcher, GSM Spy Finder and Darshak. Just be careful, some spy apps require that your phone must be rooted and that will void your warranty. Rooting basically means lowering Android’s built in security. Are you looking for spy apps for android? If so you probably already know almost all of them require rooting.

Spy Apps and Identifying If You Are Being Spied On.

Review your data usages: Tracking apps constantly communicate with the attacker. Have you seen any unusual increase in data usage?

Temperature suddenly rising: If your phone is just sitting around, or in your pocket or purse and not being used and you notice it is getting warm.  This has occurred to us. In one instance we were at a local restaurant and noticed an off local deep state duty cop. The cop saw us and we saw him. He looked uneasy and left. Within five minutes one of our phones started heating up to the point you could barley hold it and it would not turn off.

Strange noises: You voice echoes when talking on your phone, or your call is dropped when you are in stationary locations that was working fine. If your phone  on and off by itself is another good indicator.

Strange messages: You getting text messages that you have no idea where they came from. We have see in one instance where a wife was getting strange text messages that appeared to be from her husband. The messages were designed to incite anger in the wife against her husband. The only problem with that is the husband was sitting right next to the wife when that occurred. Didn’t work out to well for the attacker. They can also be used by an attacker to determine your location.

Keeping track of your installed apps: If you see an app show up that you have not installed you might want to remove it.

Removing Spy Apps

Use your apps store , apps installed option to review all of the apps on your phone. The apps almost always have a uninstall feature.  However I that is not successful you can visit your cellphone store and have them remove it. The best method is to wipe your phone. Spyware is difficult to locate and hard to clean. The best method to remove it is wipe your phone and starting all over again.  You can accomplish this by doing a factory data reset. Just make sure you do a good back up before you do. Your local cellphone retailer should also be able to help you with this procedure.


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