“With the FBI On Her Trail, Michele Bachmann Raises Money For Non-Existent Reelection Bid”

June 12, 2013

San Francisco Sentinel on June 11, 2013 released the following:

“An FBI investigation into money laundering, wire fraud, and mail fraud has not stopped Rep. Michele Bachmann from continuing to raise money for a reelection campaign that she isn’t running.

According to the University of Minnesota’s Smart Politics blog, Nearly two weeks after announcing she would not seek a 5th term from Minnesota’s 6th Congressional District, Republican Michele Bachmann’s congressional campaign website is still locked and loaded to take in money. The campaign’s donation page is still featured and functional.” The donation page is still claiming that, “Obama and the Democrats are targeting Michele for speaking out against their extreme liberal agenda. They will do, say and spend whatever it takes to defeat her.”

According to David Shuster, the FBI may be in the process of gathering evidence against Bachmann herself, “According to sources close to the criminal investigation of Bachmann’s presidential campaign, the FBI has now been given sworn testimony and documents alleging Bachmann approved secret payments to Iowa state Senator Kent Sorenson in exchange for his help and support in that state’s 2012 Presidential caucuses. Ethics rules explicitly prohibit Iowa lawmakers from accepting payments from Presidential campaigns or PACs. Investigation sources tell Take Action News the FBI is examining money laundering allegations against Bachmann, as well as possible wire fraud and mail fraud.”

If this is the case, it is very clear why Bachmann high tailed it out of the House by announcing her “retirement.”

Usually, it wouldn’t be a big deal for a “retiring” member of Congress to continue to raise a small sum of money before they leave office. However, when the person raising the money is possibly facing mail fraud, wire fraud, and money laundering charges, it looks pretty bad to have a message up on your website soliciting donations for a reelection campaign that doesn’t exist.

It could be that Team Michele is distracted by other things, like the fact that members of her own presidential campaign team are possibly giving evidence against her to the FBI, or it could just be one of those things that Bachmann just hasn’t gotten around to yet.

When the FBI is investigating you for potential money laundering, it probably isn’t the best idea to be raising money by using a reelection campaign that no longer exists.

It is possible that Bachmann could change her mind and run for reelection, but after her “retirement” announcement the ethical thing to do would have been to change the language of the fundraising pitch on her website.

Then again, a lack of ethics is what got Michele Bachmann into this mess in the first place.”

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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

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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.

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“Feds: Bulger at center of murder, mayhem in Boston”

June 12, 2013

KSL.com on June 12, 2013 released the following press release:

By Denise Lavoie, Associated Press

“BOSTON (AP) – A federal prosecutor said in opening statements Wednesday at James “Whitey” Bulger’s racketeering trial that the reputed mobster was at the center of “murder and mayhem” in Boston for almost 30 years, while the defense attacked the credibility of the government’s star witnesses.

Prosecutor Brian Kelly told jurors that Bulger headed the violent Winter Hill Gang that “ran amok” in Boston for nearly three decades, killing 19 people, extorting millions from drug dealers and other criminals, and corrupting police and FBI agents.

“At the center of all this murder and mayhem is one man – the defendant in this case, James Bulger,” Kelly said.

Bulger’s lead attorney, J. W. Carney Jr., went after the prosecution’s star witnesses, including hit man John Martorano, who admitted killing 20 people and has agreed to testify against Bulger.

Martorano served 12 years in prison for his crimes, in what Carney called an “extraordinary benefit” for his cooperation with prosecutors.

“The federal government was so desperate to have John Martorano testify … they basically put their hands up in the air and said take anything you want,” Carney said.

Other once-loyal Bulger cohorts who will likely testify against him include Stephen “The Rifleman” Flemmi, Bulger’s former partner, and Kevin Weeks, a former Bulger lieutenant who led authorities to six bodies.

The government plans to show the jury a 700-page file they say shows that Bulger, while committing a long list of crimes, was also working as an FBI informant, providing information on the New England Mob – his gang’s main rivals – and corrupting FBI agents who ignored his crimes.

Kelly says Bulger’s gang succeeded by instilling fear in other criminals and corrupting law enforcement officials who tipped them off when they were being investigated.

“It was part of a strategy they had, and it worked for them,” Kelly said.

Carney denied that the FBI ever tipped off Bulger.

“James Bulger never ever – the evidence will show – was an informant,” Carney said.

Carney acknowledged that Bulger was involved in illegal gambling and drugs but told the jury that Bulger paid law enforcement to protect him from prosecution.

Bulger, now 83, was one of the nation’s most wanted fugitives when he fled Boston in 1994 after receiving a tip from his former FBI handler, John Connolly, that he was about to be indicted. He was finally captured in 2011 in Santa Monica, Calif., where he had been living with his longtime girlfriend in a rent-controlled apartment.

Connolly was convicted of racketeering for warning Bulger and later of second-degree murder for giving information to Bulger that led to the slaying of a Boston businessman in Miami.

Bulger’s lawyers have indicated that they will argue that Connolly fabricated informant reports in Bulger’s lengthy FBI file.

The defense may also present another side of Bulger seen by some residents of South Boston, where he was known for years as a kind of harmless tough guy who gave Thanksgiving dinners to his working-class neighbors.

Prosecutors, however, plan to call one family member of each of the 19 people prosecutors allege were killed by Bulger and his gang. Among the victims were two 26-year-old women who Bulger is accused of strangling.

The trial is expected to last three to four months.”

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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.

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Managing Partner of U.S. Broker-Dealer Charged in Manhattan Federal Court with Allegedly Participating in a Massive International Bribery Scheme

June 12, 2013

The U.S. Department of Justice on June 12, 2013 released the following press release:

“Defendant Allegedly Participated in Scheme That Generated Broker-dealer More Than $60 Million in Fees for Business Directed by a Senior Venezuelan Banking Official Who Was Allegedly Paid Over $5 Million in Kickback Payments

A managing partner of a U.S. broker-dealer was arrested today on felony charges arising from a conspiracy to pay bribes to a senior official in Venezuela’s state economic development bank, Banco de Desarrollo Económico y Social de Venezuela (BANDES).

Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division, U.S. Attorney Preet Bharara for the Southern District of New York, and Assistant Director-in-Charge George Venizelos of the FBI’s New York Office made the announcement.

Ernesto Lujan, 50, among others, allegedly arranged the bribe payments to Maria De Los Angeles Gonzalez De Hernandez at BANDES in exchange for her directing BANDES’s financial trading business to the Broker-Dealer. Lujan was arrested this morning in Wellington, Fla., where he resides, and was presented in federal court in West Palm Beach, Fla.

“The huge bribes Mr. Lujan and others allegedly paid funneled millions to his firm and into his own pockets,” said Acting Assistant Attorney General Raman. “Bribery corrupts markets, and this arrest – just the latest in the Department’s recent series of anti-corruption charges in various districts – is yet another demonstration that, at the end of the day, the real dividends bribe payers reap are criminal charges.”

“From his perch as managing partner Ernesto Lujan allegedly engaged in a bribery scheme designed to drum up foreign trading business for his firm,” said U.S. Attorney Bharara. “Along with his alleged cohorts, three of whom were arrested last month, he pocketed millions from the alleged scheme which was executed through kickbacks to a Venezuelan government official and through money laundering.”

“As alleged, Lujan led a conspiracy to bribe a foreign government bank official to steer business to his firm,” said FBI Assistant Director-in-Charge Venizelos. “As previously alleged, much of this trading activity was conducted solely to generate fees for the firm. Lujan personally reaped millions in profits, and used Swiss bank accounts to conceal both the bribes and his own proceeds of the scheme.”

On May 3, 2013, Gonzalez, along with two employees of the Broker-Dealer, Tomas Alberto Clarke Bethancourt and Jose Alejandro Hurtado, were arrested on separate charges relating to this bribery scheme. On May 6, 2013, the government filed a civil forfeiture action in Manhattan federal court seeking the forfeiture of assets held in a number of bank accounts associated with the scheme, including several bank accounts located in Switzerland, and the forfeiture of several properties in the Miami area related to Hurtado that were purchased with his proceeds from the scheme. That same day, the court also issued seizure warrants for multiple bank accounts and a restraining order relating to those Miami properties.

In a separate action, the U.S. Securities and Exchange Commission (SEC) announced civil charges against Lujan.

According to the allegations in the criminal complaint unsealed today, and other documents filed in Manhattan federal court, Lujan, a managing partner of the Broker-Dealer, which was headquartered in New York City, was the branch manager of its Miami offices. In 2008, the Broker-Dealer established a group called the Global Markets Group, which included Lujan, Clarke and Hurtado, and which offered fixed income trading services to institutional clients. One of the Broker-Dealer’s clients was BANDES, which operated under the direction of the Venezuelan Ministry of Finance. The Venezuelan government had a majority ownership interest in BANDES and provided it with substantial funding. Gonzalez, a BANDES official, oversaw the development bank’s overseas trading activity. At her direction, BANDES conducted substantial trading through the Broker-Dealer. Most of the trades executed by the Broker-Dealer on behalf of BANDES involved fixed income investments for which the Broker-Dealer charged the bank a mark-up on purchases and a mark-down on sales.

From December 2008 through October 2010, Lujan, along with Clarke, Hurtado and Gonzalez, allegedly participated in a bribery scheme in which Gonzalez directed trading business she controlled at BANDES to the Broker-Dealer, and in return, agents and employees of the Broker-Dealer, including Lujan, split the revenue the Broker-Dealer generated from this trading business with Gonzalez. During this time period, the Broker-Dealer generated over $60 million in mark-ups and mark-downs from trades with BANDES. Agents and employees of the Broker-Dealer, including Lujan, Clarke and Hurtado, allegedly devised a split with Gonzalez of the commissions paid by BANDES to the Broker-Dealer.

Court records allege that to further conceal the scheme, the kickbacks to Gonzalez were often paid using intermediary corporations and offshore accounts that she held in Switzerland, among other places. For example, at least $9.5 million was transferred from the Broker-Dealer to a Swiss bank account controlled by Clarke, who in turn transferred at least $6.5 million to a Swiss bank account controlled by Lujan. Lujan then allegedly transferred at least $1.5 million of these proceeds to a Swiss bank account controlled by Gonzalez.

Lujan was charged with one count each of conspiracy to violate the Foreign Corrupt Practices Act (FCPA), violation of the FCPA, conspiracy to violate the Travel Act and violation of the Travel Act, which each carry a maximum penalty of five years in prison. He is also charged with conspiracy to commit money laundering and money laundering, which each carry a maximum penalty of 20 years in prison.

This ongoing investigation is being conducted by the FBI, with assistance from the SEC and the Justice Department’s Office of International Affairs. Assistant Chief James Koukios and Trial Attorneys Maria Gonzalez Calvet and Aisling O’Shea of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys Harry A. Chernoff and Jason H. Cowley of the Southern District of New York’s Securities and Commodities Fraud Task Force are in charge of the prosecution.

Additional information about the Justice Department’s FCPA enforcement efforts can be
found at http://www.justice.gov/criminal/fraud/fcpa.

The charges contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.”

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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.

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Posted by McNabb Associates, P.C.

“NSA leaker’s father lives in Upper Macungie”

June 10, 2013

The Morning Call on June 10, 2013 released the following:

“Lonnie Snowden and his wife, Karen, aren’t talking about Edward Snowden.

By Colby Itkowitz and Daniel Patrick Sheehan, Call Washington Bureau

The father and stepmother of Edward Snowden, the man who said he leaked news of the government’s classified surveillance program, live in Upper Macungie Township and were visited this afternoon by two people who identified themselves as FBI agents.

Karen Snowden, 48, said the couple had been “bombarded” by media, including ABC’s “Good Morning America,” since the story broke Sunday. Lonnie Snowden, 52. briefly spoke to ABC News Sunday, saying he had last seen his son months ago for dinner and the two parted with a hug. The elder Snowden told ABC he was still “digesting and processing” the news about his son.

Cordial, but firm, Karen Snowden refused to offer any information about her stepson, including whether he ever lived in the Lehigh Valley. She and her husband would be making a public statement but were not planning to do so today, she added.

A short time later, two people arrived at the home and identified themselves to a newspaper photographer as FBI agents from the Allentown office. An FBI spokesperson in Philadelphia said she could not comment.

Lonnie Snowden was an officer in the Coast Guard, according to public records. He would have had Edward Snowden when he was 22 years old.

Edward Snowden revealed himself to the British newspaper The Guardian as the person responsible for outlining the U.S. National Security Agency’s practice of monitoring Americans’ calls, e-mails and Internet usage.

A high-school dropout who most recently worked as a government contractor in Hawaii, Edward Snowden said that as an analyst he had the capability to wiretap anyone.

After leaking the information, he fled to Hong Kong without telling his family, he told The Guardian.

“No. My family does not know what is happening … My primary fear is that they will come after my family, my friends, my partner. Anyone I have a relationship with …,” Snowden said in the interview.

“I will have to live with that for the rest of my life. I am not going to be able to communicate with them. They [the authorities] will act aggressively against anyone who has known me. That keeps me up at night.”"

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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.

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Posted by McNabb Associates, P.C.

Shannon Richardson Charged By the Feds With Allegedly Mailing Ricin Letters

June 10, 2013

Huffington Post on June 8, 2013 released the following:

By NOMAAN MERCHANT and DANNY ROBBINS AP

“Shannon Richardson Tried To Frame Husband Nathaniel Richardson For Ricin Letters: FBI

TEXARKANA, Texas — Shannon Richardson had been married to her husband less than two years when she went to authorities and told them her suspicions: He was the one who had mailed ricin-laced letters to President Barack Obama and New York Mayor Michael Bloomberg threatening violence against gun-control advocates.

When investigators looked closer, they reached a different conclusion: It was the 35-year-old pregnant actress who had sent the letters, and she tried to frame her estranged husband in a bizarre case of marital conflict crossing with bioterrorism.

Those allegations are detailed in court documents filed Friday as Richardson was arrested and charged with mailing a threatening communication to the president. The federal charge carries up to 10 years in prison, U.S. attorney’s office spokeswoman Davilyn Walston said.

Richardson, a mother of five who has played bit roles on television and in movies, is accused of mailing the ricin-laced letters to the White House, to Bloomberg and to the mayor’s Washington gun-control group last month.

Richardson’s court-appointed attorney, Tonda Curry, said there was no intention to harm anyone and noted that it’s common knowledge that mail is checked before it reaches the person to whom these letters were addressed.

“From what I can say, based on what evidence I’ve seen, whoever did this crime never intended for ricin to reach the people to which the letters were addressed,” Curry said.

According to an FBI affidavit, Richardson contacted authorities on May 30 and implicated her husband, Nathaniel Richardson. She described finding small, brown beans with white speckles – a description matching the key ingredient in ricin, castor beans – at the couple’s home in New Boston, Texas. She also told investigators that she had found a sticky note on her husband’s desk with addresses for Bloomberg and Obama, the affidavit said.

But she later failed a polygraph test, the document said, and investigators looking into her story found numerous inconsistencies. Among them: Nathaniel Richardson would have been at work when Internet searches tied to the letters were made on the couple’s laptop and when the envelopes containing the letters were postmarked.

Finally, the affidavit says, in an interview with authorities on Thursday, Shannon Richardson admitted that she had received syringes and lye – a caustic chemical used in making ricin – in the mail; that she had printed the labels for the letters; and that she mailed them. However, she insisted her husband typed them and “made her” print and send them, the affidavit says.

No charges have been filed against her husband. His attorney, John Delk, told The Associated Press on Friday that his client was pleased with his wife’s arrest and was working with authorities to prove his innocence.

Delk previously told the AP that the couple is going through a divorce and that the 33-year-old Army veteran may have been “set up” by his wife. In divorce papers filed Thursday, Nathanial Richardson said the marriage had become “insupportable because of discord or conflict of personalities.”

FBI agents wearing hazardous material suits were seen going in and out of the Richardsons’ house on Wednesday in nearby New Boston, about 150 miles northeast of Dallas near the Arkansas and Oklahoma borders. Authorities conducted a similar search on May 31.

The house is now under quarantine for “environmental or toxic agents,” according to a posting at the residence. Multiple samples taken from the couples’ home tested positive for ricin, according to the affidavit. Federal agents also found castor beans along with syringes and other items that could be used to extract the lethal poison, the affidavit says.

Bloomberg issued a statement Friday thanking local and federal law enforcement agencies “for their outstanding work in apprehending a suspect,” saying they worked collaboratively from the outset “and will continue to do so as the investigation continues.”

Shannon Richardson appears in movies and on TV under the name Shannon Guess. Her resume on the Internet movie database IMDb said she has had small television roles in “The Vampire Diaries” and “The Walking Dead.” She had a minor role in the movie “The Blind Side” and appeared in an Avis commercial, according to the resume.

Delk said the Richardsons were expecting their first child in October. Shannon Richardson also has five children ranging in age from 4 to 19 from other relationships, four of whom had been living with the couple in the New Boston home, the attorney said.

Nathaniel Richardson works as a mechanic at the Red River Army Depot near Texarkana, Texas, a facility that repairs tanks, Humvees and other mobile military equipment. He and Shannon were married in October 2011.

A detention hearing for Shannon Richardson is scheduled for next Friday, court records show, and the government is requesting that she be held without bond.

The FBI is investigating at least three cases over the past two months in which ricin was mailed to Obama and other public figures. Ricin has been sent to officials sporadically over the years, but experts say that there seems to be a recent uptick and that copycat attacks – made possible by the relative ease of extracting the poison – may be the reason.

If inhaled, ricin can cause respiratory failure, among other symptoms. If swallowed, it can shut down the liver and other organs, resulting in death. The amount of ricin that can fit on the head of a pin is said to be enough to kill an adult if properly prepared. No antidote is available, though researchers are trying to develop one.”

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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.

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Federal Agents Arrest Six People Across Alabama Charged with an Alleged State Inmate in Tax Refund Scheme

June 7, 2013

The Federal Bureau of Investigation (FBI) on June 6, 2013 released the following:

“BIRMINGHAM—Federal agents today arrested six people in four cities across Alabama who are charged in connection with a five-year federal tax fraud conspiracy directed from inside an Alabama state prison, announced U.S. Attorney Joyce White Vance, Internal Revenue Service-Criminal Investigation Division Special Agent in Charge Veronica Hyman-Pillot, and FBI Special Agent in Charge Richard D. Schwein, Jr.

The man charged as the leader of the conspiracy, Shermaine “Shade” German, 56, now incarcerated in Bibb County Correctional Facility in Brent, was an inmate at Donaldson Correctional Facility in Bessemer at the time of the conspiracy. He is charged with orchestrating the far-reaching tax fraud scheme from Donaldson, where he obtained the names, birth dates, and Social Security numbers of other people, often fellow inmates, including prisoners on death row and those serving sentences of life without parole. He used their information to create false income tax returns that contained fabricated amounts of tax withholdings, according to the indictment unsealed following the arrests.

German also created false power of attorney forms, which he mailed out of the prison along with the false income tax returns, according to the indictment. Various other members of the conspiracy notarized the power of attorney forms and used them to cash or deposit income tax refund checks received as part of the scheme, according to the indictment.

Six of seven people charged in the conspiracy with German were arrested today in Huntsville, Montgomery, Eufaula, and Mobile.

“Schemes such as this involve millions of dollars stolen from legitimate taxpayers and the U.S. Treasury,” Vance said. “Thanks to the diligent and cooperative efforts of law enforcement, we were able to shut down this long-term fraud.”

“Individuals who commit refund fraud and identity theft with this degree of trickery, dishonesty, and deceit deserve to be punished to the fullest extent of the law,” Hyman-Pillot said. “We, along with the United States Attorney’s Office, continue to do our part in protecting the sanctity and integrity of the tax system.”

“This case, as others our office and our law enforcement partners have investigated, shows that a person’s identity and identification numbers have become a valuable commodity to today’s criminal and should be guarded diligently by their owners,” Schwein said.

The 20-count May indictment filed in U.S. District Court charges that German and his co-defendants conspired from January 2008 through May 2013 to obtain payment of false claims for refunds from the Internal Revenue Service by filing fraudulent federal income tax returns in other people’s names.

Charged along with German in the conspiracy are: Ronald Webster, 55; Brenda Joyce McDonald, 55; and Yvette Berry Pinckney, 48, all of Montgomery; Marlo Yvette Miller, 46; and Irene King Douglas, 58, both of Huntsville; Cynthia Dianne Ware, 49, of Eufaula; and Barbara Ann Grimes, 62, of Mobile.

McDonald is the one defendant not yet in custody.

Further details of the scheme, as outlined in count one of the indictment, are as follows:

Douglas sent blank tax return forms to German in prison. Douglas also received and cashed or deposited proceeds from tax refund checks using power of attorney forms she had someone else notarize.

German used two addresses in Montgomery and one in Mobile as return addresses where tax refunds should be delivered. One of the addresses was a Montgomery P.O. Box owned by Webster; one was the Montgomery apartment address of McDonald on Bonaparte Boulevard; and the third was a Mobile P.O. Box from which Grimes collected refund checks and power of attorney forms.

Webster collected IRS refund checks mailed to his P.O. Box and provided the checks and power of attorney forms to other co-conspirators, including Miller and Ware in Huntsville and Pinckney in Montgomery. Pinckney notarized power of attorney forms and, along with other co-conspirators, used the forms to cash or deposit fraudulent refund checks. Proceeds from the scheme were deposited into Pinckney’s Regions Bank account. Pinckney communicated with German on a contraband telephone he had in prison.

Miller cashed or deposited the fraudulent refund checks she received from Webster into Regions Bank or Redstone Federal Credit Union.

McDonald collected fraudulent refund checks mailed to her Montgomery apartment and provided them to Webster.

Grimes received fraudulent refund checks and power of attorney forms at the Mobile P.O. Box, had the power of attorney forms notarized, and then used them to cash or deposit the checks.

Counts two through nine of the indictment charge German and Webster with making false claims to the IRS.

Counts 10 through 15 charge German with mail fraud for causing or aiding others in causing the U.S. Postal Service to deliver fraudulent refund checks to the Montgomery and Mobile addresses.

Count 16 charges German, Webster, McDonald, and Grimes with conspiracy to commit mail fraud against the U.S. Department of Treasury.

Counts 17 through 20 are aggravated identity fraud charges against German and Webster for using other people’s identifying information to create and file false tax returns.

The conspiracy to defraud the government and false claims charges both carry a maximum penalty of 10 years in prison and a $250,000 fine. Mail fraud and conspiracy to commit mail fraud both carry a maximum penalty of 20 years in prison and a $250,000 fine. Aggravated identity fraud carries a two-year minimum mandatory prison sentence that must be served consecutively to any other sentence imposed in the crime.

The IRS and FBI investigated the case. Assistant U.S. Attorney Russell E. Penfield is prosecuting the case.

The public is reminded that an indictment is only a charge. A defendant is presumed innocent, and it will be the government’s responsibility to prove guilt beyond a shadow of a doubt at trial.”

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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.

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Posted by McNabb Associates, P.C.

“Attorneys make opening statements in Somali piracy, murder trial in federal court in Virginia”

June 7, 2013

The Washington Post on June 6, 2013 released the following:

By Associated Press

“NORFOLK, Va. — Defense attorneys for three Somalis charged with murdering four American yachters in a pirate hijacking said Thursday there’s no physical evidence proving their clients fired the shots that killed the Americans during a moment of chaos as U.S. Navy warships and special forces circled nearby off the coast of Africa.

The attorneys also suggested during opening statements in federal court that the other 11 men who have already pleaded guilty to piracy in the case have a vested interest in testifying against their clients, noting that they agreed to testify in exchange for the possibility of a reduced sentence. The 11 are currently serving mandatory life sentences.

The yacht’s owners, Jean and Scott Adam of Marina del Rey, Calif., and their friends, Bob Riggle and Phyllis Macay of Seattle, were shot to death in February 2011 after they were taken hostage at sea several hundred miles south of Oman. They were the first Americans to be killed during a wave of pirate attacks that have plagued the Gulf of Aden and Indian Ocean in recent years, despite an international flotilla of warships that regularly patrol the area.

The men who have pleaded guilty in the case have said they intended to take the Americans back to Somalia and hold them for ransom. Their plan fell apart after U.S. Navy warships began shadowing the Quest.

Assistant U.S. Attorney Brian Samuels said that after the Navy established contact with the Quest, the 19 men who boarded the American yacht split into two factions. One group wanted to accept the Navy’s offer to release the Americans and be allowed to return to Somalia with the Quest. The other faction repeatedly threatened to kill the Americans if they weren’t allowed to proceed to Somalia with them.

Samuels said the three men charged in the murders — Ahmed Muse Salad, Abukar Osman Beyle and Shani Nurani Shiekh Abrar — fell into the more aggressive camp.

What triggered the killings is unclear, but prosecutors and defense attorneys agreed on the general timeline. They said one of the men aboard the pirated yacht fired a rocket-propelled grenade at the USS Sterett, a guided-missile destroyer that had been maneuvering between the yacht and the Somali coast. Meanwhile, small boats of Navy SEALs were in the water and a U.S. Navy helicopter with a sniper on board was also hovering overhead.

Almost immediately after the RPG was fired, shots rang out aboard the yacht. Each of the Americans was shot numerous times. Scott Adam survived the initial gunfire only to be approached by pirates a second time minutes later and shot again. Two pirates were also killed in a hail of gunfire at the time.

However, defense attorney Larry Dash said it was U.S. Navy snipers that fired the first shots. That contradicts prosecutors’ account. Samuels said the Sterett’s commanding officer had previously given an order not to return fire if fired upon.

Samuels said the Navy fired no shots until a team of SEALs boarded the yacht 10 minutes later, shooting one pirate dead. Another pirate who pretended to be injured fought with a SEAL and was stabbed to death. The Americans were flown aboard the USS Enterprise to be treated for their wounds, but medical personnel were unable to save them.

Prosecutors said they will show video taken by the Navy in the moments before and after the shootings took place. Some of the video shows who was standing where as the shots rang out.

Numerous Navy personnel are expected to testify, along with as dozens of FBI and NCIS agents, including some who specialize in ballistic and forensic evidence. The trial is expected to last six weeks.

Despite all the witnesses, DNA samples and ballistic experts, Dash said there is no physical evidence proving his client fired the fatal shot. Samuels noted that some DNA evidence wasn’t available because of exposure to weather during the two days that the Quest was towed to Djibouti following the shootings.

That distinction could help determine whether the men face the death penalty. In all, In all, 22 of the 26 counts against the defendants are death-eligible offenses. Jury selection took more than two days, in part, because of questions about jurors’ views of the death penalty. Piracy carries a mandatory life sentence.

Executions under federal law are rare. Only three out of more than 1,300 executions in the U.S. since 1976 have been carried out by the federal government, according to the Death Penalty Information Center, which tracks death penalty statistics and is opposed to the death penalty

U.S. Attorney General Eric Holder made the decision to seek the death penalty. Ultimately, the U.S. is trying to send a message to would-be pirates: Stay away from U.S.-flagged vessels”

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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.

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Posted by McNabb Associates, P.C.

“Fox News and James Rosen: How much notice did they give the government?”

June 6, 2013

The Washington Post on June 6, 2013 released the following:

By Erik Wemple

“Judging from federal court documents, June 11, 2009, was a busy day for Fox News reporter James Rosen. Phone records suggest that he was hounding Stephen Jin-Woo Kim, a State Department security adviser. The two appeared to have had a face-to-face meeting around noon, according to the documents. And a few hours later, Rosen published on FoxNews.com a story on North Korea, featuring confidential information to which Kim had access.

Rosen’s activities that day have come to light in a federal investigation focused on the alleged leak by Kim of top-secret information. News of the probe came right after revelations about the Justice Department’s secret subpoena of phone records for the Associated Press, raising questions about the appropriateness of the federal government’s snooping on the media, as well as the fitness of Attorney General Eric Holder to continue in his post.

The timeline detailed in the court documents, though, raises another question: Did Fox News apprise the government of its findings on a sensitive national-security matter before putting them on the Internet?

June 2009 was a heady time for news related to North Korea. Two journalists for Current TV were on trial for crossing into North Korean territory without a visa. North Korea had conducted a nuclear test in May, and the U.N. Security Council passed a resolution on June 12 condemning the regime of Kim Jong Il and instituting sanctions against it.

Rosen was hustling to get ahead of the U.N.-North Korea developments. His story, which appears to have triggered the investigation of Kim, addressed how North Korea would react to the Security Council’s action. The scoop in Rosen’s story? That the regime would in all likelihood stage another nuclear test, along with taking other defiant steps to boost the country’s nuclear-weapons capabilities.

The revelations in Rosen’s story rested on intelligence that “the Central Intelligence Agency has learned, through sources inside North Korea.” It gives little information about how its information is sourced, indicating that “FOX News has learned” the information. Furthermore, the piece states that “FOX News is withholding some details about the sources and methods by which American intelligence agencies learned of the North’s plans so as to avoid compromising sensitive overseas operations in a country — North Korea — U.S. spymasters regard as one of the world’s most difficult to penetrate.”

An unnamed White House source consulted by Rosen declined to comment for the story.

The text of the piece, however, leaves unclear just how much detail Fox News disclosed to the White House or any other government agency prior to publishing its account. The passage about withholding information, for example, doesn’t specify whether Fox News took this step in deference to a government agency, one of its sources or its own sense of propriety. Nor does it reference any negotiations whatsoever with government officials, as sensitive national-security stories often do.

On this front, media organizations and their government counterparts have developed something of a protocol over the years. After a reporter secures confidential information that could possibly compromise national security or overseas intelligence assets, the protocol calls upon the media organization to present its findings.

Bill Keller, the former executive editor of the New York Times, cites a “basic rule” among news organizations: “Obviously we don’t tell the government how we know what we know, but we try to lay out in as much detail as we can about what we’re going to report,” says Keller. The practice aligns with the best traditions of journalism: “We could be wrong,” says Keller, “and we’re giving them the opportunity to correct possible misinformation. Second, if they want to argue that, unbeknownst to us, something we’re about to report could get somebody hurt, we want to hear that out.”

It’s possible that Fox News did just that. Neither the network’s public affairs office nor Rosen, however, responded to requests for comment. The CIA, likewise, declined to comment on the matter. P.J. Crowley, who served as the State Department’s assistant secretary for public affairs at the time, says, “I’ve been involved in a lot of conversations over the years where reporters in possession of intelligence information enabled us to comment or express concerns about compromising intelligence sources. I don’t remember any such conversation prior to James Rosen’s story.”

That the government launched an intrusive leak investigation following the Rosen story suggests that if it had had the opportunity, it may well have voiced objections to the contours of Rosen’s North Korea scoop. “What they’re freaked out about is that we’re tipping off the North Koreans to some valuable source,” says Keller, riffing on the possible unease over the story. “If it wasn’t important to Rosen’s story to say that this came from some high-level North Korean source, the government might well have asked them to leave that detail out.”

Fox News may have felt it didn’t have enough time to negotiate with the government over the story, which debuted on the eve of the U.N. resolution. If published on a later date, its revelations would have had less resonance.

Though the CIA declined to comment regarding the North Korea story, it wasn’t so tight-lipped last October, when Fox News published a bombshell story offering an insider’s account of the U.S. response to the Benghazi attacks of Sept. 11, 2012. The agency doesn’t appear to have had a chance to comment on the story prior to its publication, and it issued a rare on-the-record refutation hours after it surfaced. Many of the allegations in the story have since been challenged by official reports and media accounts.”

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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.

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Posted by McNabb Associates, P.C.

“Feds crack down on foreclosure auction scams”

June 3, 2013

The Associated Press on June 1, 2013 released the following:

By PAUL ELIAS
Associated Press

“SAN FRANCISCO (AP) — At the height of the financial crisis, bargain hunters would gather each week on county courthouse steps to bid on foreclosed properties throughout Northern and Central California. The inventory lists were long, especially in hard-hit areas such as Sacramento and Stockton. But the auctions were generally short affairs – often because real estate speculators were illegally fixing the bidding process.

In the past three years, federal prosecutors have charged 54 people and two companies in three states for bid-rigging during courthouse auctions of foreclosed properties. Most cases originated in California, the state with the highest foreclosure rate during the financial crisis. Nearly identical rings were also broken up in Raleigh, N.C., and Mobile, Ala.

Working in concert, the would-be buyers would appoint just one person to bid on each property on the auction block, thus securing the “winning” bid. Minutes after the official proceeding was over, they would then conduct an auction among themselves, often on the same courthouse steps.

That’s when a property’s true price would emerge. The conspirators would then divvy up the difference paid at the official auction and the private one.

Federal prosecutors say such schemes have operated for decades, once earning a few thousand dollars per property. But the explosion of foreclosures amid the country’s financial meltdown a few years ago upped illicit gains to millions of dollars. The scammers took money that otherwise would have gone to banks selling the foreclosed properties or beleaguered homeowners who should have been compensated.

The bidding investigations are being driven by a special task force established at the U.S. Justice Department in the wake of the financial crisis to combat mortgage fraud. The probes aim to “stop those who engage in illegal conduct that thwarts the competitive process, and take advantage of American consumers when they are most vulnerable,” said Assistant Attorney General Bill Baer, head of DOJ’s antitrust division in Washington, D.C.

Prosecutors say the circle of conspirators gradually widened at each courthouse: First-time buyers would be brought into the conspiracy as an increasing number of speculators attended the auctions. Those not in on the schemes were often pressured not to return by verbal harassment and, in some cases, physical jostling.

In the last two years, more than 30 people have pleaded guilty to participating in a series of courthouse bid-rigging conspiracies in Northern California counties. Another 11 have been busted in Central California. Similar prosecutions have been carried out in Alabama, where eight people have pleaded guilty in Mobile in the last two years. Five others have pleaded guilty in North Carolina since 2010 to operating a bidding conspiracy around Raleigh.

For many now going to prison, this is their first brush with the law.

Father and son Robert and Jason Brannon were each sentenced to 20 months in prison this month in Mobile, Ala., after pleading guilty to participating in 17 rigged bids. The two opened a real estate investment company in 2003, after Robert Brannon sold a portion of the family farm. When they began attending auctions to acquire rental properties, they discovered that some speculators were rigging the bids and joined in the conspiracy, according to court documents.

In addition to the jail time, the Brannons were ordered to pay restitution of almost $22,000 each, their cut from the rigged auctions.

In April, real estate investor Mohammed Rezaian pleaded guilty to participating in similar scams in Northern California. He has agreed to cooperate in the prosecution of other perpetrators and pay a fine of $213,000. He also faces a little less than two years in prison when sentenced sometime next year. Neither he nor his lawyers returned phone calls.

Federal officials say they expect to charge a few more people in the coming months but that cases are expected to soon drop off now that the heated foreclosure market of late 2008 and 2009 has cooled.

Madeline Schnapp, an economist with PropertyRadar, a company that tracks foreclosures, said sales at auctions have fallen from a height of about 30,000 a month to about 5,000 a month in California as government programs and new laws have made it more difficult for banks to begin foreclosure proceedings.

“There’s not much of a supply now,” she said.

Paul Pfingst, a lawyer who represents another investor charged in participating in a Central California ring, says illegal temptation got the better of many speculators who couldn’t resist victimizing seemingly unsympathetic banks. His client, Andrew Katakis, is accused of participating along with four others in a $2.5 million conspiracy to rig bids in the Stockton area, which has led the nation in foreclosures.

“The amount of money and properties that were changing hands was staggering,” said Pfingst, who maintains his client’s innocence. “It caused many people to cross from legality to illegality.”"

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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

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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.

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Posted by McNabb Associates, P.C.

“US judge sides with FBI, orders Google to hand over user data”

June 3, 2013

The Washington Post released the following:

By Associated Press, Published: May 31 | Updated: Saturday, June 1

“SAN FRANCISCO — Google must comply with the FBI’s demand for data on certain customers as part of a national security investigation, according to a ruling by a federal judge who earlier this year determined such government requests are unconstitutional.

The decision involves “National Security Letters,” thousands of which are sent yearly by the FBI to banks, telecommunication companies and other businesses. The letters, an outgrowth of the USA Patriot Act passed after the Sept. 11 attacks, are supposed to be used exclusively for national security purposes and are sent without judicial review. Recipients are barred from disclosing anything about them.

In March, U.S. District Court Judge Susan Illston sided with the Electronic Frontier Foundation in a lawsuit brought on behalf of an unidentified telecommunications company, ruling the letters violate free speech rights. She said the government failed to show the letters and the blanket non-disclosure policy “serve the compelling need of national security” and the gag order creates “too large a danger that speech is being unnecessarily restricted.”

She put that ruling on hold while the government appeals to the 9th U.S. Circuit Court of Appeals.

In the latest case, Illston sided with the FBI after Google contested the constitutionality and necessity of the letters but again put her ruling on hold until the 9th Circuit rules. After receiving sworn statements from two top-ranking FBI officials, Illston said she was satisfied that 17 of the 19 letters were issued properly. She wanted more information on two other letters.

It was unclear from the judge’s ruling what type of information the government sought to obtain with the letters. It was also unclear who the government was targeting.

Kurt Opsah, an attorney with the Electronic Frontier Foundation, said he was “disappointed that the same judge who declared these letters unconstitutional is now requiring compliance with them.”

Illston’s May 20 order omits any mention of Google or that the proceedings were closed to the public. But the judge said “the petitioner” was involved in a similar case filed on April 22 in New York federal court.

Public records obtained Friday by The Associated Press show that on that same day, the federal government filed a “petition to enforce National Security Letter” against Google after the company declined to cooperate with government demands.

Neither Google nor the FBI would comment.

The letters issued by the FBI can be used to collect unlimited kinds of private information, such as financial and phone records. The FBI sent 16,511 letters requests for information regarding 7,201 people in 2011, the latest data available.

Critics contend the government is overly zealous in using the letters, unnecessarily infringing on privacy rights of American citizens. In 2007, the Justice Department’s inspector general found widespread violations by the FBI, including sending demands without proper authorization. The FBI has since tightened oversight of the system.”

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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.

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