May 31, 2012
CNN on May 31, 2012 released the following:
“[Updated at 4:31 p.m. ET] The judge in the John Edwards trial has declared a mistrial on all counts except for the one on which the jury found the former presidential candidate not guilty, CNN producers in the courtroom said Thursday.
[Updated at 4:24 p.m. ET] The jury in the John Edwards trial has found the former presidential candidate not guilty on count three of accepting illegal campaign contributions from heiress Rachel “Bunny” Mellon in 2008.
The jury said it was deadlocked on the other charges.
That was the sole count the jury had earlier that they had reached a unanimous verdict on. The jury was still deadlocked on the other charges.
The Justice Department will now have to decide whether to try him again on the other charges.
[Updated at 3:08 p.m. ET] The judge in former North Carolina Sen. John Edwards’ federal corruption trial has ordered jurors to continue deliberations after they announced they had reached a verdict on only one of six counts.
The judge will soon issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.
[Updated at 2:55 p.m. ET] The prosecution has asked for the jury to go back in the jury room to deliberate. The defense has asked for a mistrial on the remaining counts.
The judge is taking a five minute recess on the matter. The judge has the option to issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.
What are the charges against John Edwards?
[Posted at 2:53 p.m. ET] The jury in the John Edwards trial has only reached a unanimous decision on one charge against John Edwards.
The group of jurors said that as of this moment they could only agree on the charge of illegal campaign contributions from Rachel “Bunny” Mellon. We do not know which way the jury decided on that count.
Edwards, a former Democratic U.S. senator and presidential candidate, was charged with accepting illegal campaign contributions, falsifying documents and conspiring to receive and conceal the contributions. The charges carry a maximum sentence of 30 years in prison and a $1.5 million fine.
Everything you need to know about John Edwards
Jurors last week asked to review all the exhibits, indicating they were in it for the long haul.
Prosecutors said Edwards “knowingly and willingly” accepted almost $1 million from two wealthy donors to hide former mistress Rielle Hunter and her pregnancy, then concealed the donations by filing false and misleading campaign disclosure reports.
Defense attorneys argued that Edwards was guilty of nothing but being a bad husband to his wife, Elizabeth, who died in 2010. They also argued that former Edwards aide Andrew Young used the money for his own gain and to pay for Hunter’s medical expenses to hide the affair from Edwards’ wife.
Neither Edwards nor Hunter testified during the trial. The affair occurred as Edwards was gearing up for a second White House bid in 2008, and he knew his political ambitions depended on keeping his affair with Hunter a secret, Assistant U.S. Attorney Robert Higdon told jurors in closing arguments.
Prosecutors argued that Edwards knowingly violated campaign finance laws by accepting the large contributions from Rachel Mellon and Fred Baron that went to support Hunter. Edwards “knew these rules well,” Higdon said, and should have known that the contributions violated campaign finance laws.
Edwards accepted $725,000 from Mellon and more than $200,000 from Baron, prosecutors said. The money was used to pay for Hunter’s living and medical expenses, travel and other costs to keep her out of sight while Edwards made his White House run, prosecutors say.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
Federal Crimes – Appeal
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Douglas C McNabb, Douglas McNabb, Edwards Jury Trial, Edwards Mistrial, Edwards Trial, federal attorney, federal attorneys, federal corruption trial, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal criminal trial, federal lawyer, federal lawyers, federal trial, international lawyer, John Edwards, John Edwards Trial, John Edwards Trial Verdict, McNabb Associates, Mistrial, transnational criminal defense |
Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
CNN on May 31, 2012 released the following:
“[Updated at 3:08 p.m. ET] The judge in former North Carolina Sen. John Edwards’ federal corruption trial has ordered jurors to continue deliberations after they announced they had reached a verdict on only one of six counts.
The judge will soon issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.
[Updated at 2:55 p.m. ET] The prosecution has asked for the jury to go back in the jury room to deliberate. The defense has asked for a mistrial on the remaining counts.
The judge is taking a five minute recess on the matter. The judge has the option to issue an “Allen charge,” which is essentially a request from the court for the jury to go back into deliberations and try again to reach a unanimous verdict on all counts.
[Posted at 2:53 p.m. ET] The jury in the John Edwards trial has only reached a unanimous decision on one charge against John Edwards.
The group of jurors said that as of this moment they could only agree on the charge of illegal campaign contributions from Rachel “Bunny” Mellon. We do not know which way the jury decided on that count.
Edwards, a former Democratic U.S. senator and presidential candidate, was charged with accepting illegal campaign contributions, falsifying documents and conspiring to receive and conceal the contributions. The charges carry a maximum sentence of 30 years in prison and a $1.5 million fine.
Jurors last week asked to review all the exhibits, indicating they were in it for the long haul.
Prosecutors said Edwards “knowingly and willingly” accepted almost $1 million from two wealthy donors to hide former mistress Rielle Hunter and her pregnancy, then concealed the donations by filing false and misleading campaign disclosure reports.
Defense attorneys argued that Edwards was guilty of nothing but being a bad husband to his wife, Elizabeth, who died in 2010. They also argued that former Edwards aide Andrew Young used the money for his own gain and to pay for Hunter’s medical expenses to hide the affair from Edwards’ wife.
Neither Edwards nor Hunter testified during the trial. The affair occurred as Edwards was gearing up for a second White House bid in 2008, and he knew his political ambitions depended on keeping his affair with Hunter a secret, Assistant U.S. Attorney Robert Higdon told jurors in closing arguments.
Prosecutors argued that Edwards knowingly violated campaign finance laws by accepting the large contributions from Rachel Mellon and Fred Baron that went to support Hunter. Edwards “knew these rules well,” Higdon said, and should have known that the contributions violated campaign finance laws.
Edwards accepted $725,000 from Mellon and more than $200,000 from Baron, prosecutors said. The money was used to pay for Hunter’s living and medical expenses, travel and other costs to keep her out of sight while Edwards made his White House run, prosecutors say.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Appeal
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Allen Charge, Douglas C McNabb, Douglas McNabb, Edwards Trial, Edwards Trial Verdict, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, international lawyer, John Edwards Trial, John Edwards Trial Verdict, John Edwards Verdict, McNabb Associates, transnational criminal defense |
Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
The Federal Bureau of Investigation on May 30, 2012 released the following:
“TAMPA—On Wednesday, May 30, 2012, special agents from the Air Force Office of Special Investigations (AFOSI) and the FBI Innocent Images Task Force (IITF) arrested Army Master Sergeant Thomas Meyer, age 42, at his residence this morning without incident. A federal search warrant was also executed at Meyer’s residence today.
The law enforcement activity was the culmination of investigative efforts by the AFOSI; Largo Police Department; Kenton County Police Department, Kentucky; Pennsylvania State Police; United States Postal Inspection Service; and the FBI.
Meyer will be facing federal charges, including attempted production of child pornography, transportation of child pornography, and transfer of obscene material to an individual under the age of 16. If convicted, he faces a mandatory minimum penalty of 15 years, up to 30 years in federal prison for the production charge; a mandatory minimum penalty of five years, up to 20 years in federal prison for the transportation charge; and up to 10 years in federal prison for the transfer of obscene matter charge.
The FBI’s IITF is an intelligence-driven, proactive investigative initiative that combats the proliferation of child pornography and child sexual exploitation facilitated by the Internet. The mission of the IITF is to reduce the vulnerability of children to acts of sexual exploitation and abuse facilitated through computers; to identify and rescue witting and unwitting child victims; and to investigate and prosecute sexual predators who use the Internet to sexually exploit children for personal and financial gain.
The charges in the complaint are merely allegations and the defendant is presumed innocent, unless, and until proven guilty.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: AFOSI, Air Force Office of Special Investigations, Army Master Sergeant Thomas Meyer, Douglas C McNabb, Douglas McNabb, FBI Innocent Images Task Force, federal attorney, federal attorneys, federal charges, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal prison, federal search warrant, IITF, international lawyer, McNabb Associates, production of child pornography, search warrant, Thomas Meyer, transnational criminal defense, transportation of child pornography |
Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
ABC News on May 31, 2012 released the following:
JAMES HILL and MAT MENDEZ
“After a lengthy deliberation, a North Carolina jury has reached a verdict in the John Edwards mistress-and-money trial.
The verdict is expected to be read shortly.
The jury began deliberating on May 18 after a month of testimony, which at times sounded more like a steamy soap opera than a trial on the intricacies of campaign finance rules.
Charged with six counts of violating federal campaign laws, Edwards was accused by the government of soliciting nearly $1 million from wealthy backers to finance a cover up of his illicit affair and illegitimate child while running for president in 2008.
If convicted, Edwards can face up to 30 years in prison and be fined more than $1 million, although it is unlikely he will face the most severe penalties.
The government spent three weeks building its case. Much of it hinged on the testimony of Andrew Young, once Edwards’ most loyal aide, who testified he collected $725,000 from wealthy heiress Rachel “Bunny” Mellon, who disguised her contributions as payments for antique furniture.
The prosecution detailed the way Edwards met mistress Rielle Hunter and how he worked throughout his campaign to keep the affair and later his love child a secret. The government said Fred Baron, another wealthy backer who was once Edwards’ campaign treasurer, contributed an additional $300,000 to move Hunter and her baby all over the country to keep them away from the media.
In just three days of defense testimony, Edwards’ lawyers tried to portray Young as the mastermind of a plot to use Edwards’ scandal to request funds for his own personal use. Any lies Edwards told, his lawyers, said were in an effort to keep the affair a secret from his wife, Elizabeth, who was dying of cancer, and not to advance his political career.
The jury consists of eight men and four women.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Appeal
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Douglas C McNabb, Douglas McNabb, Edwards Federal Criminal Trial Verdict, Edwards Federal Trial Verdict, Edwards Trial, Edwards Trial Verdict, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, international lawyer, John Edwards Trial, John Edwards Verdict, McNabb Associates, transnational criminal defense |
Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
The Federal Bureau of Investigation on May 30, 2012 released the following:
“Defendants Allegedly Engaged in Securities Fraud Targeting Elderly Investors
SAN JOSE, CA—The three founders of S3 Partners who allegedly defrauded numerous individual investors and banks out of more than $21 million in connection with a real estate investment fraud scheme were arrested and arraigned on 33 counts of conspiracy, wire, mail, bank and securities fraud, United States Attorney Melinda Haag announced.
According to the indictment, which was filed in San Jose federal district court on May 23 and unsealed on May 24, from 2006 to 2009, Melvin Russell “Rusty” Shields, 42, of Granite Falls, North Carolina.; Michael Sims, 58, of Gilroy, California; and Sam Stafford, 56, of Campbell, California, defrauded individual investors and banks in the Northern District of California and elsewhere in connection with various real estate development projects. The three defendants conducted their business as “S3 Partners” out of a variety of locations including San Jose, Campbell, and Palo Alto, California; and Hickory, North Carolina. Shields, Sims, and Stafford allegedly engaged in securities fraud targeting elderly investors by encouraging those elderly investors to cash out their individual retirement accounts (IRAs) and wire the proceeds to the S3 Partners for the purchase of shares in an S3 Partners-controlled LLC. The three defendants falsely represented to investors that they would receive predictable high rates of return, that there was minimal to no risk of investing, and that profits from S3 Partners business projects would benefit various charitable and religious organizations. Shields, Sims, and Stafford obtained more than $21 million from investors and banks and converted more than half of those funds for their personal benefit, their personal business ventures, and other unauthorized purposes. Their conduct resulted in a near-total loss to investors.
On May 24, the Federal Bureau of Investigation arrested Sims and Stafford in Northern California and Shields in North Carolina pursuant to a sealed arrest warrant. That same day, Sims and Stafford made their initial appearances in San Jose before United States Magistrate Judge Paul Grewal where, subject to the posting of a $100,000 secured bond and being placed on home electronic monitoring, they were ordered released pending a detention hearing. Sims and Stafford are scheduled to appear at a detention hearing in San Jose tomorrow at 9:30 a.m, at which hearing Magistrate Judge Grewal will consider additional conditions governing their pretrial release. Shields made an initial appearance May 24 in Charlotte, North Carolina. After a detention hearing this morning before U.S. Magistrate Judge David C. Keesler, Shields was ordered released subject to a $100,000 unsecured bond and placed on home electronic monitoring.
The maximum statutory penalty for each count of conspiracy to commit wire, mail and bank fraud, wire fraud, and mail fraud in violation of Title 18, United States Code, Sections 1349, 1343 and 1341 is 20 years in prison and a fine of $250,000, plus restitution. The maximum statutory penalty for each count of bank fraud in violation of Title 18, United States Code, Section 1344 is 30 years prison and a fine of $1 million, plus restitution. The maximum statutory penalty for each count of Title 15, United States Code, Sections 78j(b) and 78ff; and 17 C.F.R. Section 240.10b-5-securities fraud is 20 years in prison and a fine of $5 million, plus restitution. Any sentence following conviction would, however, be determined by the court after considering the Federal Sentencing Guidelines, which take into account a number of factors and would be imposed in the discretion of the court.
Assistant United States Attorney Joseph Fazioli is prosecuting the case with the assistance of Legal Assistant Kamille Singh. The prosecution is the result of a multi-year investigation by the Federal Bureau of Investigation.
Please note, an indictment contains only allegations against an individual and, as with all defendants, Shields, Sims, and Stafford must be presumed innocent unless and until proven guilty.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information about the task force visit www.stopfraud.gov.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: 15 USC 78, 15 USC 78ff, 15 USC 78j, 18 USC 1341, 18 USC 1343, 18 USC 1344, 18 USC 1349, bank fraud, conspiracy, Douglas C McNabb, Douglas McNabb, fbi, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal indictment, federal lawyer, federal lawyers, Federal Sentencing Guidelines, fraud scheme, indictment, individual retirement account, individual retirement accounts, international lawyer, Investment Fraud, investment fraud scheme, IRA, mail fraud, McNabb Associates, Melvin Russell Shields, Michael Sims, Northern District of California, Real Estate Investment Fraud, Real Estate Investment Fraud Scheme, S3 Partners, Sam Stafford, securities fraud, transnational criminal defense, U.S. Magistrate Judge David C. Keesler, United States Magistrate Judge Paul Grewal, wire fraud |
Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
The Federal Bureau of Investigation on May 31, 2012 released the following:
“CHICAGO— A Chicago investment advisor was indicted on federal charges for allegedly engaging in a scheme to defraud Oak Brook-based Leaders Bank and two of his clients of more than $3.2 million and ultimately causing the bank to lose more than $2.7 million. The defendant, Robert J. Lunn, was charged with five counts of bank fraud in an indictment returned by a federal grand jury yesterday, Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent in Charge of the Chicago Office of the Federal Bureau of Investigation, announced today.
Lunn, 62, of Chicago, who did business as Lunn Partners LLC, an investment advisory business, will be arraigned at a later date in U.S. District Court.
According to the indictment, Lunn fraudulently obtained a $1.32 million line of credit from the bank for his business, as well as separate loans of $1.4 million and $500,000, purportedly on behalf of two clients. Lunn allegedly made a series of misrepresentations to Leaders Bank about his own assets, the purpose of the loans, and the knowing authorization of clients purportedly seeking the financing. Instead, Lunn used substantially all of the fraudulently obtained funds for his own benefit, including to make mortgage payments and approximately $1.4 million in payments to other investment clients, the charges allege.
Lunn initially obtained a business line of credit from Leaders Bank for $480,000 in May 2001. He increased the credit line twice in early 2004, first to $1.2 million and later to $1.32 million, all after he allegedly submitted personal financial statements to the bank falsely stating that he owned millions of dollars of stock in Morgan Stanley and Lehman Brothers. In September 2002, Lunn arranged for an unsecured bank loan of $1.4 million, purportedly for the benefit of Client A, after submitting a net worth report for Client A and asserting that Client A wanted short-term financing to purchase an interest in an airplane, according to the indictment. In June 2004, Lunn allegedly arranged a bank loan for $500,000 for the benefit of Client B, without Client B’s knowledge or authorization, after submitting a net worth report for Client B and stating that Client B wanted short-term financing for a business investment.
The indictment seeks forfeiture of at least $2.7 million in alleged fraud proceeds.
The government is being represented by Assistant U.S. Attorney Daniel Collins.
Each count of bank fraud carries a maximum penalty of 30 years in prison and a $1 million fine, and restitution is mandatory. The court may also impose a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater. If convicted, the court must impose a reasonable sentence under federal statutes and the advisory United States Sentencing Guidelines.
An indictment contains only charges and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: bank fraud, Douglas C McNabb, Douglas McNabb, Fair Trial, fbi, federal attorney, federal attorneys, Federal Bureau of Investigation, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal grand jury, federal lawyer, federal lawyers, federal statutes, indictment, international lawyer, Lunn Partners LLC, McNabb Associates, Northern District of Illinois, Robert J. Lunn, transnational criminal defense, U.S. District Court |
Permalink
Posted by McNabb Associates, P.C.
May 30, 2012
TimesUnion.com on May 30, 2012 released the following:
“Jury selection for second trial of ex-Senate majority leader set to begin Feb. 4 in Albany
By Brendan J. Lyons
ALBANY — The second criminal trial of former state Senate Majority Leader Joseph L. Bruno is scheduled to begin in February.
A federal judge on Tuesday met with federal prosecutors and Bruno’s defense attorneys for the first time since Bruno was indicted May 3 on two felony mail fraud charges. The attorneys discussed the scheduling of pre-trial motions, and the judge set a Feb. 4 trial date.
Bruno is charged with depriving the state of his honest services by allegedly using his political leverage to benefit a business associate and friend, Jared E. Abbruzzese of Loudonville.
Bruno’s dealings with Abbruzzese led to a conviction on two counts of honest services fraud at Bruno’s first trial, which ended in December 2009. The law used to convict Bruno was later retooled by a U.S. Supreme Court ruling that declared honest services convictions must include allegations of a bribe or kickback, and Bruno’s conviction was vacated last fall.
A mid-level appeals court in Manhattan rejected Bruno’s arguments that he not face a second trial. The panel ruled there was enough evidence to support a new indictment, and the court ruled federal prosecutors could seek new charges on a theory that Bruno had received kickbacks.
Bruno, 83, did not attend Tuesday’s meeting in the chambers of U.S. District Senior Judge Gary L. Sharpe, according to court minutes.
In May 2010, Sharpe sentenced Bruno to two years in prison for his conviction on two of the eight counts of honest services fraud contained in the earlier indictment. The sentence was vacated after Bruno’s 2009 conviction was overturned.
The new indictment alleges Bruno received $440,000 in payments from Abbruzzese that were “disguised as ‘consulting’ payments and $80,000 in payments for a virtually worthless horse.”
The investigation of Bruno, called Operation Green Pastures, began in late 2005 when FBI agents started examining his use of private jet aircraft supplied by Abbruzzese, his horse-breeding partner. Abbruzzese flew Bruno to Kentucky horse country, New York City and exclusive Florida golf resorts — including trips that were largely bankrolled by Abbruzzese.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
Federal Mail Fraud Crimes
Federal Crimes – Appeal
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Bribe, bribery, Defense attorney, Douglas C McNabb, Douglas McNabb, fbi, FBI Agents, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal criminal trial, federal indictment, federal judge, federal lawyer, federal lawyers, federal prosecutors, Felony Mail Fraud, Felony Mail Fraud Charge, Felony Mail Fraud Charges, honest services, honest services fraud, Indicted, indictment, international lawyer, Jared E. Abbruzzese, Joseph L. Bruno, Jury Selection, kickback, mail fraud, Mail Fraud Charge, Mail Fraud Charges, McNabb Associates, Operation Green Pastures, Pre-trial motions, pretrial motions, transnational criminal defense, U.S. District Senior Judge Gary L. Sharpe, U.S. Supreme Court |
Permalink
Posted by McNabb Associates, P.C.
May 30, 2012
The Washington Post on May 29, 2012 released the following:
“By Del Quentin Wilber and Ann E. Marimow
Federal prosecutors on Tuesday rested their perjury case against retired baseball star Roger Clemens, having elicited testimony from 24 witnesses — on topics ranging from performance-enhancing drugs and vitamin injections to a “booty shot” and a crumpled beer can.
The trial already has gone far longer than the four to six weeks prosecutors estimated when they began picking jurors on April 16. Since then, a parade of witnesses — ranging from New York Yankees pitcher and former teammate Andy Pettitte and athletic trainers to a colorful steroid dealer and forensic experts — have testified about Clemens, his career and whether he took steroids or human growth hormone. Prosecutors allege Clemens lied when he denied to Congress in 2008 that he had never taken performance-enhancing drugs.
Clemens has challenged those allegations and his lawyers began presenting their case to jurors Tuesday that the pitcher became a superstar by working hard, not taking drugs. Their first witness, a high school teammate of the future “Rocket,” testified that Clemens trained so intensely that he blazed a trail in the outfield grass while doing running drills.
Another defense witness, a college teammate, described Clemens’s “diligent, disciplined” routine. “Roger had made up his mind he was going to be successful,” said Mike Capel. “He worked extremely, extremely hard to earn everything he had.”
Defense lawyers have indicated they expect to present seven or eight days of evidence to jurors. One of those witnesses might be Clemens’s wife, Debbie, who is expected to testify that she took human growth hormone, not her husband.
Before resting their case, federal prosecutors called a financial consultant to testify in the hopes of buttressing the credibility of Brian McNamee, Clemens’s former strength coach. McNamee, a key but troubled witness, has alleged he injected Clemens with steroids or human growth hormone in 1998, 2000 and 2001. The financial consultant, Anthony Corso, was also one of McNamee’s clients and testified that the strength coach told him in 2002 or 2003 that Clemens had used human growth hormone to help him recover from workouts.
Corso also testified that McNamee told him in 2005 that he had kept syringes from injections he gave ballplayers so the strength coach would not “get thrown under the bus.” McNamee added that he kept the syringes in a beer can that he put in a box, the financial consultant testified.
Corso testified that he worked out with McNamee from 2002 through 2007 and took growth hormone on McNamee’s recommendation.
McNamee turned over the beer can and box of medical waste to authorities in 2008. Forensic scientists have testified that Clemens’s DNA and steroids were discovered on a needle found in the box — but outside the beer can. The pitcher’s DNA also was discovered on bloody cotton swabs in the can, an expert said. Clemens’s lawyers have assailed the evidence as “garbage” and argued that it could have been contaminated.
The pitcher’s lawyers scored a minor legal victory when U.S. District Judge Reggie Walton agreed to dismiss two of 15 acts that constitute a charge of obstruction of Congress. Even so, jurors only must find that he committed one of those remaining 13 acts to convict him of that charge. Walton declined to dismiss any of the other five charges of perjury or making false statements.
In other developments, a third juror was dismissed from the panel because her mother died last week. That leaves 12 jurors and one alternate to finish out a trial that has already reached extra innings.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Andy Pettitte, Brian McNamee, Douglas C McNabb, Douglas McNabb, false statements, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal prosecutor, federal prosecutors, human growth hormone, international lawyer, McNabb Associates, Obstruction of Congress, performance-enhancing drugs, perjury, Perjury Case, Roger Clemens, transnational criminal defense, U.S. District Judge Reggie Walton |
Permalink
Posted by McNabb Associates, P.C.
May 29, 2012
Fox News on May 29, 2012 released the following:
Reuters
“Ex-trainer Brian McNamee, who says he injected performance-enhancing drugs into former pitching ace Roger Clemens, told a client that Clemens had used human growth hormone to recover more quickly from injuries and strains, the client testified on Tuesday.
Prosecution witness Anthony Corso’s testimony bolsters that of McNamee, a former strength and conditioning coach, whose allegations that he injected Clemens with steroids and human growth hormone have been the core of the government’s case.
Federal prosecutors claim the retired pitching star lied to a congressional panel when he denied using performance-enhancing drugs.
“Mr McNamee had mentioned that Mr. Clemens was one of the athletes that he was getting positive results from him being able to push himself to limits … using the medication to recover,” Corso, 49, testified.
Clemens’ lawyers sought to cast doubt on Corso’s testimony when the witness revealed he could not recall whether McNamee had mentioned Clemens during a conversation about saving syringes from players using the drugs.
Corso testified that McNamee had told him in or around 2005 that the trainer had saved syringes from players to avoid getting “thrown under the bus” should the drug usage be discovered but said McNamee had not named Clemens as one of those players.
According to prosecutors, Corso had told a grand jury in 2010 that McNamee claimed the syringes had been “used on Roger.”
“The two answers are different. So would it be a fair testimony … that you made a mistake?” Clemens’ lawyer Rusty Hardin asked.
“Yes,” Corso said.
Clemens’ attorneys have worked to paint McNamee as a liar who obtained immunity in exchange for his testimony.
McNamee has said that he saved medical waste from a 2001 injection of anabolic steroids into Clemens and turned the evidence in to authorities in 2008.
Clemens, 49, a seven-time Cy Young Award winner as best pitcher, is being tried for a second time on federal charges of lying in 2008 to the U.S. House of Representatives’ Committee on Oversight and Government Reform, which was investigating drug use in Major League Baseball. His first trial ended last year in a mistrial.”
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: Brian McNamee, Douglas C McNabb, Douglas McNabb, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal prosecutor, federal prosecutors, HGH, human growth hormone, international lawyer, Major League Baseball, McNabb Associates, Mistrial, MLB, Roger Clemens, Roger Clemens Federal Criminal Trial, Roger Clemens federal perjury trial, Roger Clemens Federal Trial, Roger Clemens perjury trial, Roger Clemens trial, transnational criminal defense |
Permalink
Posted by McNabb Associates, P.C.
May 29, 2012
The Washington Post on May 29, 2012 released the following:
“By Manuel Roig-Franzia,
GREENSBORO, N.C. — Those color-coordinated alternate jurors in the John Edwards corruption case are at it again.
The four alternates — three women and one man — each wore gray or black tops Tuesday. Last week, they were even more in sync, each wearing red tops Friday and yellow Thursday.
The curious behavior of the alternates lends a bit of a sideshow atmosphere to deliberations now deep into their seventh day and showing every sign of continuing. One of the alternates, a 20-something woman, has frequently smiled at Edwards, sometimes flipping her hair or eyeing him in a manner that some have interpreted as flirtatious. But on Tuesday, the woman — dubbed “the Lady in Red” over the weekend by some commentators — was much more reserved.
There have been hints of tensions in the jury room, and Tuesday, Judge Catherine Eagles lamented to jurors and alternates in open court that many things can happen during long deliberations and “some aren’t good.” Eagles warned the jurors about making sure that their deliberations cannot be overheard in the courtroom.
During the week of deliberations, at least one juror has gestured across the room at alternates in the courtroom during breaks. The jury and the alternates have had an unusual level of interaction during the deliberations. Some judges don’t allow alternates to mingle with jurors, but Eagles has grouped them together in the same room for lunch.
“That’s very unusual,” said Kieran Shanahan, a defense attorney. Federal prosecutors agreed.
Eagles seemed to be urging both jurors and alternates to relax Tuesday, saying, “Give yourself a mental break over lunch.”
The case is in its sixth week. Edwards is accused of six counts of campaign finance violations and conspiracy for allegedly failing to report to the Federal Election Commission almost $1 million in payments from wealthy donors during and after his 2008 presidential campaign that was used to cover up his extramarital affair with Rielle Hunter and the child she bore him.
The jury has been given hundreds of exhibits for a second look, and the judge seemed to be digging in Thursday for much more deliberating. Before they went off to lunch, Eagles told jurors and alternates that she would consider scheduling conflicts raised by jurors not only this week but also next week.
“It appears,” she said, “to be high school graduation season.””
————————————————————–
Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
Leave a Comment » |
Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: campaign finance violations, Defense attorney, Douglas C McNabb, Douglas McNabb, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, federal prosecutor, federal prosecutors, international lawyer, John Edwards corruption case, Judge Catherine Eagles, McNabb Associates, Rielle Hunter, transnational criminal defense |
Permalink
Posted by McNabb Associates, P.C.