Five years ago, NYPD Sergeant Haytham Khalil was indicted for illegally accessing the FBI criminal records and terrorism database on behalf of a friend in a child custody dispute. He pleaded guilty in 2009.
Today, Khalil not only is still with the police department, despite his conviction, but he is an integrity control officer in a Brooklyn precinct.
In sum, an officer convicted of abusing his position to access confidential information for a private purpose is now monitoring whether other officers are following the rules.
We asked the NYPD’s public information office for comment, but received no response.
The National Crime Information Center maintains a database filled with sensitive information used by law enforcement agencies across the country in investigations.
Khalil, 37, of Brooklyn was convicted of using another sergeant’s password to access the NCIC database and retrieved an entry which identified an individual as being on the terrorist watch list. He then sent that document to a female friend in a child custody dispute in Canada. That dispute was with a man who was being monitored by the feds. The friend then filed the document in court records in Canada.
Khalil pleaded to accessing a computer beyond his authority, a misdemeanor. He faced a maximum of one year in jail and a $100,000 fine. He was sentenced in 2009 to one year probation and a $500 fine.
Under state law, if he had pleaded guilty to a felony, he would have been fired. But since he pleaded to a misdemeanor, the NYPD could decide to keep him on the job.
From the 2009 DOJ presser (pdf):
KHALIL exceeded his authorization by accessing the E-Justice system through an NYPD computer. KHALIL, who did not have an E-Justice account, used another NYPD officer’s E-Justice account and obtained an NCIC document identifying an individualas being on a terrorist watch list. KHALIL then forwarded the NCIC document to an acquaintance involved in a custody dispute in Canada.
A 2008 Gothamist article:
A Canadian woman in a custody battle in her home country tried to pull the ultimate trump card in the fight for her children: submitting documents that their father was on a terrorist watch list here in the US. What she didn’t think of was that authorities might be curious to know just where she got the terrorist list she presented from. It also might have helped if she had double-checked that her friend who had passed along that information from the National Crime Information Center computers actually had proper access to it in the first place. Instead federal authorities have arrested her friend, Haytham Khalil–an eight-year NYPD vet–for hacking into e-Justice, the state database where he illegally obtained the terrorist list. The Royal Canadian Mounted Police tipped off the NYPD who then traced the computer Khalil had used. Khalil got into to the list by asking a departing officer who had access to it for his password. That officer was not named but has been disciplined, but Khalil was suspended without pay and faces a fine of up to $100,000.
The probe revealed that Khalil regularly had an officer in the Patrol Borough Manhattan South investigations unit conduct searches for him on the NYPD computer, authorities said. When the officer left the unit in September 2007, Khalil called him to ask for his password to the NCIC system, they said.
He’s now an “Integrity” Officer.
DHS allowed a Muslim to illegally access a terror database as well and has done nothing to revoke his access or charge him. Re-read that at the links below: