Feds charge Cherryville cops with allegedly aiding ‘crooks’

October 19, 2012
FBI
“Ray Gora / Lincoln Times-News
FBI agents seize computers and other materials from the Cherryville Police Department on Wednesday.”

Lincoln Times-News on October 19, 2012 released the following:

“JENNA-LEY HARRISON

Staff Writer

An undercover federal investigation is shaking up the Cherryville Police Department this week, amid claims that some police officers were operating on the wrong side of the law.

Four law enforcement officers and two other men who are accused of conspiring earlier this year to safeguard stolen property and proceeds from their sale, are set to make their second appearance in a Charlotte courtroom today, following an FBI raid on Wednesday.

The officers have also been accused of securing monetary bribes for their legal authority in the operation, the U.S. Attorney’s Office in the state’s Western District said.

According to federal authorities, the men made a serious blunder – their partners in the conspiracy, whom they believed to be criminals, were actually undercover FBI agents.

As a result of the arrests, the city of Cherryville has also suspended its police chief and captain.

Federal officials are not saying who else might be a target of the ongoing investigation.

Two federal indictments were unsealed earlier Wednesday in the case.

One indictment from Tuesday charged Cherryville Police officer Frankie Dellinger, 40, Gaston County Sheriff’s reserve officer Wesley Clayton Golden, 39, and Cherryville resident Mark Ray Hoyle, 39.

Each man faces one count each of conspiracy to extort under color of official right, money laundering conspiracy, conspiracy to transport and/or receive stolen property, four counts each of transportation of stolen property, money laundering and aiding and abetting and three counts of possession of a firearm in relation to a crime of violence, according to a press release.

Federal authorities also charged Dellinger with with an extra count of extortion.

The three men are accused of protecting the men they believed were co-conspirators by allowing them to safely transport tractor trailers filled with stolen property through the area, the U.S. Attorney’s Office said. Hoyle, Dellinger and Golden also protected the transportation of more than $400,000, proceeds from the merchandises’ sale, the release said.

Goods included televisions and generators worth nearly $160,000.

A second indictment from Aug. 21 charged Cherryville patrol officers Casey Justin Crawford, 32, and David Paul Mauney III, 23, along with Cherryville resident John Ashley Hendricks, 47, with one count each of conspiracy to transport and/or receive stolen property and conspiracy to extort under color of official right.

Crawford additionally faces one count of program fraud bribery.

Since May, Crawford, Mauney and Hendricks similarly worked with undercover agents they thought were criminals in protecting the transport of more than $300,000 in stolen merchandise along with more than $300,000 in proceeds from the items’ sale, the release said.

Hoyle’s role in the conspiracy included “representing himself as a law enforcement officer,” the U.S. Attorney’s Office said. On the other hand, Hendricks, Crawford and Mauney used counter-surveillance to ensure other officers wouldn’t discover the illegal operation, the release said.

FBI officials launched the investigation following allegations last year that Dellinger had been involved in illegal activity, an indictment said.

The phony criminals requested assistance from law enforcement officers who would be willing to provide protection for stolen items in exchange for cash bribes.

Dellinger accepted the offer and soon “recruited” Hoyle and Golden, according to the indictment.

The three men received $17,000 in the scheme in exchange for keeping the stolen goods away from thieves and the detection of other law enforcement agencies and even agreed to use violence, if necessary, to carry out such duties, the U.S. Attorney’s Office said.

All six men appeared in a Charlotte courtroom today on the charges.

They each face up to 20 years in prison and hundreds of thousands of dollars in fines, if convicted, the release said.

Interim City Manager and Cherryville Fire Chief Jeff Cash released a separate statement late Wednesday announcing that Police Chief Woody Burgess and Capt. Mike Allred, a Lincoln County resident, have been suspended with pay pending the outcome of the investigation, though neither has been charged to this point.

“As interim city manager, I will be naming myself interim police chief with the day-to-day operational activities to be supervised by Sgt. Cam Jenks,” Cash wrote.

Cash said safety of the citizens would not be compromised by the investigation into the police department and other law enforcement agencies were assisting as needed.

Individuals with emergencies can call 911 or police dispatch at (704) 435-1717.

The Gaston County District Attorney’s Office was quoted by other area news media saying they may drop pending criminal cases relying on any of charged officers’ testimonies, though the Times-News was unable to independently confirm this. Just how many cases that would include is also unclear.

Five of the six suspects remain without bond behind Mecklenburg County bars. The location of John Hendricks is currently unknown. He was not listed as a current Mecklenburg County inmate and does not even have a record in the county, an employee with CharMeck Citizen Services told the Times-News Thursday afternoon.

The State Bureau of Investigation has also been looking into the city of Cherryville since last year for misuse of town funds.”

————————————————————–

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.


Houston Independent School District Police Officer Charged with Alleged Extortion

October 18, 2012

The Federal Bureau of Investigation (FBI) on October 17, 2012 released the following:

“HOUSTON— Richard Cano, 46, of Katy, has been arrested and charged with extortion under color of official right, United States Attorney Kenneth Magison announced today.

The criminal complaint alleges Cano, a Houston Independent School District (HISD) Police officer, was involved in a towing scheme using his authority as a peace officer. Cano allegedly stopped individuals on public streets and would then have the vehicle towed without further law enforcement action. According to the complaint, Cano would then meet with the tow truck driver and split the towing fee.

Cano was arrested yesterday and made his initial appearance before U.S. District Judge Mary Milloy just a short time ago, at which time he was order released upon posting $50,000 bond.

If convicted, Cano faces up to 20 years in federal prison, as well as a possible $250,000 fine.

The investigation was conducted by the FBI, Houston Police Department-Internal Affairs, the Texas Rangers, with the assistance of HISD and other agencies. Assistant United States Attorney James McAlister is prosecuting the case.”

US v. Richard Cano – Criminal Complaint

18 U.S.C. § 1951

————————————————————–

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.


FBI Says Cartel Used Bank of America to Launder Money

July 9, 2012

Bloomberg Business Week on July 9, 2012 released the following:

“By Joe Schneider

The brother of the alleged leader of a Mexican cocaine-trafficking cartel used Bank of America Corp. (BAC) accounts to invest the organization’s drug proceeds in U.S. racehorses, a FBI agent said.

Jose Trevino-Morales, one of 14 people indicted by a federal grand jury in Texas on June 12, used a personal account and a business account under the name of Tremor Enterprises LLC to buy and sell horses using money generated from cocaine trafficking, extortion and bribery, Jason Preece, a special agent with the Federal Bureau of Investigation, said in a June 11 sworn statement filed in federal court in Dallas.

“The ultimate goal of this money laundering operation was to provide Jose Trevino with apparent legitimate assets purchased and maintained by illegally obtained money,” Preece said. Bank of America isn’t accused of any wrongdoing in the agent’s statement.

Details of the transactions were revealed in a probe of the Los Zetas drug cartel, which according to the filing, funnels thousands of kilograms of cocaine into the U.S. each year. Los Zetas is the biggest drug cartel in Mexico, in geographical presence, and controls 11 states in the country, generating millions of dollars of revenue, Preece said in the statement filed in a bid to gain a search warrant for Trevino’s property.

Strong Procedures
“We have strong anti-money-laundering procedures and work closely with the authorities when suspicious activity is discovered,” Larry Di Rita, a spokesman at Charlotte, North Carolina-based Bank of America, said in a phone interview today.

The bank doesn’t comment on any specific legal and customer cases, he said.

Preece filed the statement to support his request for court permission to search Trevino’s property in Balch Springs, Texas, a Dallas suburb, where he said investigators were likely to find horse ownership records, bank statements and cellular phones used to communicate with Los Zetas.

Trevino, who earned $29,000 in 2009 from Texas Stone and Tile LLC, had expenses of $200,000 a month the following year to support his horses, according to an FBI informant who isn’t named in the filing. The drug cartel had bought at least $4.2 million worth of quarter horses, which are used in short- distance races, over a four-year period, according to the indictment.

The two most well-known horses Trevino had were Tempting Dash and Mr. Piloto, according to the filing.

Mr. Piloto won the All American Futurity race in 2010 at Ruidoso Downs Race Track, with Tremor Enterprises’ bank account being credited with $968,440 as a result, Preece said.

Miguel Angel Trevino Morales, 38, leader of the Los Zetas drug cartel, and his brother Oscar Omar Trevino Morales were also indicted by the grand jury.

The defendants are charged in the May 30 indictment with conspiracy to launder monetary instruments. The crime carries a maximum penalty of 20 years in prison.

The criminal case is U.S. v. Morales, A-12-cr-210-SS, U.S. District Court, Western District of Texas (San Antonio). The application and affidavit for search warrant is 3:12-mj-255, U.S. District Court, Northern District of Texas (Dallas.)”

————————————————————–

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.


FBI Announces the Arrests of Two Individuals on Federal Charges of Alleged Conspiracy to Kidnap, Attempted Kidnapping, Extortion

June 1, 2012

The Federal Bureau of Investigation on May 31, 2012 released the following:

“The FBI announces the arrests yesterday of Michael James Melillo, 50, of Palm Beach Gardens, Florida, and Pavlos C. Kaimacliotis, 38, of Jupiter, Florida, on federal charges of conspiracy to kidnap, attempted kidnapping, and extortion. Melillo was arrested at approximately 8:30 p.m. on May 29, 2012 in West Palm Beach, Florida, and Kaimacliotis was arrested at approximately 9:15 p.m. on May 29, 2012, in Palm Beach Gardens, Florida, both without incident.

Melillo and Kaimacliotis both had their initial appearances in federal court yesterday in West Palm Beach, Florida, and are anticipated to have pre-trial detention hearings this Friday (June 1, 2012) in federal court in West Palm Beach, Florida.

The FBI, Palm Beach County Sheriff’s Department, Jupiter PD, and West Palm Beach PD continue their investigation. No further information will be released at this time.”

————————————————————–

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.


IRS worker charged in an alleged tax refund scam

April 11, 2012

Philadelphia Daily News on April 11, 2012 released the following:

“By Michael Hinkelman

An Internal Revenue Service employee and her boyfriend were arrested this morning and charged in a tax refund scam that defrauded Uncle Sam.

In an indictment unsealed today, federal prosecutors charged IRS employee Patricia Fountain, 34, with conspiring to file false claims, filing 15 false tax returns, extortion and related offenses.

Codefendant Larry Ishmael, 39, was charged with conspiracy to file false claims and aiding in the filing of a false tax return.

Authorities said Fountain and Ishmael, of North Philadelphia, shared a residence, money and assets, including a 2007 Mercedes Benz R350.

Fountain’s job at the IRS was to assist taxpayers with Telephone Excise Tax Refunds or credits (TETRs), the indictment said.

The TETR was a one-time payment individuals, businesses, nonprofits and government entities could claim – typically $30 to $60 – for telephone excise taxes paid from Feb. 28, 2003 to Aug. 1, 2006. (The TETR credit could only be claimed on 2006 federal tax returns.)

Federal prosecutors said that between November 2006 and May 2009, Fountain solicited taxpayers to file false returns claiming the TETR.

The indictment said Fountain directed a person identified only as N.W. and Ishmael to interact with taxpayers on her behalf.

The charging document alleges 21 separate instances in which Fountain allegedly filed false tax returns claiming the TETR, including her own false tax return and Ishmael’s false tax return for the year 2006.

Authorities said Fountain charged taxpayers $400 to file the return and warned that she would “red flag” those who did not pay her fee.

The indictment said Fountain filed amended returns for certain taxpayers whom she believed had not paid the fee, thus reversing refunds that had been previously issued by the IRS.

Fountain also allegedly structured a $11,299 down payment on the financed 2007 Mercedes by paying part in cash and charging the rest to a Mastercard to avoid the reporting requirement by financial institutions for cash transactions in excess of $10,000. (Prosecutors are seeking forfeiture of the luxury automobile.)

Fountain and Ishmael were to appear before a federal magistrate this afternoon and will likely be released on bail, sources said.”

US v Fountain et al – Federal Criminal Indictment

18 U.S.C. § 286

18 U.S.C. § 287

18 U.S.C. § 1951

26 U.S.C. § 7206

31 U.S.C. § 5324

————————————————————–

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 Crimes Watch 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 and OFAC SDN Sanctions Removal.

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.


Prosecutors oppose ex-Okla. sen. contacting jurors

April 3, 2012

NewsOn6.com on April 3, 2012 released the following:

“OKLAHOMA CITY (AP) – Federal prosecutors are opposing a request by the former leader of the Oklahoma Senate to contact jurors who found him guilty of bribery.

Prosecutors filed a brief in U.S. District Court in Oklahoma City Tuesday opposing the request by attorneys for former Senate President Pro Tem Mike Morgan. Morgan was convicted of bribery on March 5 by a jury that found him not guilty of related extortion and mail fraud counts.

Defense attorneys say they have received information from 2 of the 12 jurors indicating deliberations were contentious and that some legal instructions were disregarded.

But prosecutors say defense lawyers were against looking into the matters during deliberations and have waived any right to pursue them now.

Defense attorneys have also asked a federal judge to acquit Morgan of bribery.”

————————————————————–

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 Mail Fraud Crimes

Federal Crimes – Appeal

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch 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 and OFAC SDN Sanctions Removal.

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.


Fidelis Ogbu and Neacacha Joyner Were Indicted by a Federal Grand Jury Alleging Federal Criminal Charges of Extortion and Bribery

March 7, 2012

The Federal Bureau of Investigation (FBI) on March 6, 2012 released the following:

“Two DeKalb County Public Works Officials Indicted for Extortion and Bribery

Private Construction Contractor Forced to “Pay to Play”

ATLANTA—FIDELIS OGBU, 59, and NEACACHA JOYNER, 40, both of DeKalb County, Georgia, were indicted today on federal charges of extortion and bribery. They are expected to be arraigned before United States Magistrate Judge Gerrilyn G. Brill later this week.

United States Attorney Sally Quillian Yates said, “The citizens of DeKalb County are entitled to employees who serve the public, not extort them. We will continue to vigorously prosecute public employees who abuse the public’s trust to line their own pockets.”

Brian D. Lamkin, special agent in charge, FBI Atlanta Field Office, stated, “The actions of the defendants, as alleged in this indictment, serve as the core definition of public corruption. Public officials who attempt to personally profit from others who are merely trying to engage the government in otherwise legitimate business will not be tolerated and the FBI will continue its efforts in identifying, investigating, and presenting for prosecution those individuals engaged in such activity.”

According to United States Attorney Yates, the charges, and other information presented in court: OGBU (an engineering supervisor) and JOYNER (a construction inspector) allegedly exploited their positions with the DeKalb County Department of Public Works to extort money from a private contractor hired to work on a sidewalk construction project. OGBU and JOYNER are charged with executing a “pay to play” scheme, in which they compelled the contractor to pay them off in order for the contractor to complete the project, to avoid unnecessary work delays, and to gain future projects.

On March 6, 2012, a federal grand jury returned separate indictments charging OGBU and JOYNER with extortion and bribery. The most serious of the charges (extortion) carries a maximum sentence of 20 years in prison and a fine of up to $250,000. In determining the actual sentence, the court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

Members of the public are reminded that the indictment only contains charges. The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by special agents of the Federal Bureau of Investigation.

Assistant United States Attorney Jeffrey W. Davis is prosecuting the case.”

————————————————————–

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 Crimes Watch 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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Kenneth D. Lee Indicted by a Nashville Federal Grand Jury Alleging Charges of Extortion and Mail Fraud

March 5, 2012

The Federal Bureau of Investigation (FBI) on March 2, 2012 released the following:

“Nolensville Police Officer Indicted on Charges of Extortion and Mail Fraud

Kenneth D. Lee, 51, of Nashville, was indicted yesterday by a federal grand jury and charged with extortion and mail fraud, resulting from a scheme he devised to accept money in lieu of making an arrest for alleged criminal activity, announced Jerry E. Martin, U.S. Attorney for the Middle District of Tennessee; Aaron T. Ford, Special Agent in Charge, FBI-Memphis Division; and Keith Morris, Inspector in Charge, U.S. Postal Inspection Service.

“Law enforcement officers who use their badges to shake down individuals can expect to get what’s coming to them—a federal indictment,” said U.S. Attorney Jerry Martin. “As the last few months have demonstrated, the U.S. Attorney’s Office will aggressively prosecute public corruption, including police officers who sully the badge by using their position of authority to break the law. We will not tolerate those few who carry a badge and engage in illegal activity, while the vast majority of law enforcement officers adhere to their sworn oath and uphold the law on a daily basis, even under the most difficult of circumstances.”

“Law enforcement corruption undermines the public trust and can threaten the overall safety of our community,” said Aaron T. Ford, special agent in charge of the Memphis Division of the Federal Bureau of Investigation. “Public corruption is the number one criminal priority of the FBI and we will continue to work with our partners to bring to justice those who would seek to line their own pockets by ignoring their sworn oath to uphold the law.”

According to the indictment, between August 17, 2011 and February 1, 2012, Kenneth D. Lee, while employed as a Nolensville, Tennessee police officer, devised a scheme to solicit and accept monetary payment from an individual in exchange for that individual avoiding arrest for alleged criminal activity.

As part of the scheme, Lee took steps to conceal his activity and the nature and scope of his dealings with the individual by directing the individual to call him on his personal cell phone while not on duty; to send money to a post office box rented by Lee; and by cashing the money orders he received, rather than depositing them into a personal bank account.

Also according to the indictment, at Lee’s direction, the individual mailed three Western Union Money Orders, totaling $200, to a post office box in Nolensville, Tennessee. These money orders were subsequently cashed by Lee and in exchange for the payment, Lee did not arrest or cite the individual for the alleged criminal activity.

If convicted, Lee faces a maximum of 20 years in prison and a $250,000 fine on each charge.

This investigation was conducted by the FBI and the U.S. Postal Inspection Service, with the cooperation of the Nolensville Police Department. Assistant U.S. Attorneys Jimmie Lynn Ramsaur and Scarlett Singleton are representing the government.

Charges brought by an indictment are merely accusations and are not evidence of guilt. The defendant has the right to a trial, at which the government must bear the burden of proof 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 Crimes Watch 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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Kim Davis Indicted by a Federal Grand Jury Allegeding Conspiring to Commit Extortion Under Color of Official Right, Extortion Under Color of Official Right, and Corrupt Solicitation or Acceptance of a Bribe

February 1, 2012

The Federal Bureau of Investigation (FBI) on January 31, 2012 released the following:

“East Orange Construction Official Charged with Taking Bribe

NEWARK, NJ—A longtime construction official in the property maintenance department of the city of East Orange, N.J., was arrested this morning in East Orange by special agents of the FBI for allegedly taking a bribe from an East Orange property owner in exchange for his assistance in city government matters, U.S. Attorney Fishman announced.

Kim Davis, 45, of New York and formerly of Newark, is charged by indictment with one count of conspiring to commit extortion under color of official right; one count of extortion under color of official right—for accepting a $5,000 corrupt cash payment in exchange for official action; and one count of corrupt solicitation or acceptance of a bribe. Davis is expected to appear this afternoon before U.S. Magistrate Judge Cathy L. Waldor in Newark federal court.

According to the indictment unsealed today:

Davis is a certified technical assistant to construction officials in the building division of the property maintenance department of the city of East Orange. The building division is responsible for the enforcement of the New Jersey Uniform Construction Code and the approval of all applications for construction, alterations and renovations of buildings within the city.

Davis and an inspector in the code and enforcement division of the property maintenance department—referred to in the indictment as co-conspirator 1—conspired in 2007 to accept corrupt cash payments from East Orange property owners and developers in exchange for promises of official action in East Orange government matters related to the construction and development of property. Specifically, Davis accepted a $5,000 bribe from an East Orange property owner in September 2007.

The extortion and conspiracy counts each carry a maximum potential penalty of 20 years in prison and a $250,000 fine, or twice the aggregate loss to victims or gain to the defendant. The bribery count carries a maximum potential penalty of 10 years in prison and a $250,000 fine, or twice the aggregate loss to victims or gain to the defendant.

U.S. Attorney Fishman credited special agents of the FBI’s Garret Mountain Resident Agency, under the direction of Special Agent in Charge Michael B. Ward, for the investigation leading to the indictment.

The government is represented by Assistant U.S. Attorney Sandra L. Moser of the U.S. Attorney’s Office Special Prosecutions Division in Newark.

The charges and allegations contained in the indictment are merely accusations, and the defendant is considered 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 Crimes Watch 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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Five Alleged Members of the Bonanno Crime Family Arrested for Racketeering and Related Charges

January 30, 2012

The Federal Bureau of Investigation (FBI) on January 27, 2012 released the following:

Defendants Include One Current and Two Former Members of the Bonanno Crime Family Administration

A 14-count superseding indictment was unsealed this morning in Brooklyn federal court charging five members of the Bonanno organized crime family of La Cosa Nostra (the “Bonanno family”) variously with racketeering, extortion, illegal gambling, and conspiring to distribute marijuana. An associate of the Gambino organized crime family of La Cosa Nostra (the “Gambino family”) was also charged with loansharking.[1] The defendants were arrested earlier today in New York and are scheduled to be arraigned this afternoon before United States Magistrate Judge Joan M. Azrack, at the U.S. Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The case has been assigned to United States Chief District Court Judge Carol B. Amon.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Wilbert L. Plummer, Acting Special Agent in Charge, Drug Enforcement Administration, New York Field Division; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department.

As alleged in the indictment and a detention memorandum filed by the government today, defendant Vincent Badalamenti, also known as “Vinny TV,” is a made member of the Bonanno family and a current member of the family’s administration, who until his arrest, was the highest ranking member of the Bonanno family at liberty. Defendants Anthony Graziano, also known as “TG,” and Nicholas Santora, also known as “Nicky Mouth,” are captains in the Bonanno family and former members of the Bonanno family administration. Defendant Vito Balsamo is an acting captain in the Bonanno family, and defendant Anthony Calabrese is a soldier in the Bonanno family. The indictment is the result of a multi-year joint investigation by the DEA and FBI that utilized a variety of techniques to gather evidence, such as consensual recordings of the defendants discussing their charged crimes, cooperating witnesses who were formerly members and associates of organized crime, and surveillance. The evidence revealed a pattern of violence and intimidation employed by the defendants to further their enterprise’s economic interests, including Badalamenti allegedly directing the hostile takeover of a bar located on Coney Island Avenue in Brooklyn, as a result of its owner’s failure to repay a debt owed to Badalamenti.

The charges in the indictment also demonstrate the recidivist nature of organized crime defendants. For example, as detailed in the government’s detention memorandum, Santora allegedly participated in his charged crimes following his prior conviction and incarceration, and while released on supervised release, and Graziano allegedly committed his charged crimes within weeks of being released to a federal halfway house. During one consensual recording, a cooperating witness (“CW”) told Graziano that during Graziano’s most recent prison term, the CW was sent to collect money from one of Graziano’s loanshark victims who “was crying hysterical.” The CW and Graziano also discussed how the CW was sent on multiple occasions to collect money from the same victim by a member of the Bonanno family’s ruling panel, to which Graziano responded, “Yeah, well, he was trying to collect my money.” On another occasion, Graziano allegedly directed the CW to meet a second extortion victim and “open him up.”

The charges and arrests announced today are the latest in an ongoing investigation that has resulted in the prosecution of more than 175 members and associates of the Bonanno family in the Eastern District of New York. Since March 2002, more than 10 Bonanno family bosses, acting bosses and administration members have been convicted in this district on racketeering and racketeering-related charges.

“Members of organized crime continue to exploit their victims the old-fashioned way—through violence, threats, and intimidation. Learning nothing from their incarceration, two of the defendants allegedly sought to regain their money and influence on the street while still under federal supervision. But because they learned nothing, they find themselves back in custody again, along with their co-defendants,” stated United States Attorney Lynch. “As law enforcement has so successfully done before, we will employ our own time-tested techniques to bring them to justice to account for their crimes. We will not rest in this pursuit until the Bonanno crime family and La Cosa Nostra have been completely dismantled.”

DEA Acting Special Agent in Charge Plummer stated, “These arrests prove that justice comes to those who have abused the system. The five defendants arrested with RICO charges will face the consequences of their alleged illegal actions in the court of law. The New York Drug Enforcement Task Force worked diligently with the United States Attorney’s Office in order to keep our city and state crime free.” Mr. Plummer thanked the New York Drug Enforcement Task Force which comprises agents and officers of the DEA, New York State Police and the New York City Police Department for their hard work on this investigation.

FBI Assistant Director in Charge Fedarcyk stated, “Today’s charges confirm that La Cosa Nostra families continue to engage in the bedrock money-making activities like extortion and loansharking, and are not shy about resorting to violence as a method. As long as mobsters continue their predatory ways, the FBI will continue to target the mob.”

NYPD Commissioner Kelly stated, “This case demonstrates that the FBI, DEA, and NYPD in partnership with federal prosecutors, are relentless and will continue to dismantle organized crime and protect the public from its insidious effects.”

If convicted, each defendant faces a maximum sentence of 20 years’ imprisonment.

The government’s case is being prosecuted by Assistant United States Attorneys Nicole M. Argentieri and Stephen E. Frank.

The Defendants:

VINCENT BADALAMENTI Age: 53

VITO BALSAMO Age: 55

ANTHONY CALABRESE Age: 44

ANTHONY GRAZIANO Age: 71

JAMES LAFORTE Age: 35

NICHOLAS SANTORA Age: 69

[1] The charges contained in the indictment are merely allegations, and the defendants are 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 Crimes Watch 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 and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Follow

Get every new post delivered to your Inbox.

Join 9,688 other followers