LSU Student Indicted for Alleged Violations of Stolen Valor Act

February 17, 2012

The Federal Bureau of Investigation (FBI) on February 16, 2012 released the following:

“BATON ROUGE, LA—United States Attorney Donald J. Cazayoux, Jr. announced that a federal grand jury returned an indictment on Thursday, February 16, 2012, charging ANDREW I. BRYSON, 31, of Baton Rouge, Louisiana, with falsely claiming to have been awarded the Purple Heart and unauthorized wearing of military medals. BRYSON faces a maximum sentence of two years in prison and fines of $200,000.

The indictment alleges that BRYSON falsely represented himself to have been awarded the Purple Heart in an attempt to defraud the Louisiana Office of Motor Vehicles and obtain a military honor license plate for Purple Heart recipients. BRYSON is also charged with wearing several military medals and ribbons, namely the Purple Heart and Joint Service Commendation medals, at an awards ceremony honoring veterans without authorization.

The investigation of BRYSON was conducted by the Federal Bureau of Investigations with assistance from the Louisiana State University Police Department. The case is being prosecuted by Assistant United States Attorney Cam T. Le.

NOTE: An indictment is a determination by a grand jury that probable cause exists to believe that offenses have been committed by a defendant. The defendant is presumed innocent until and unless proven guilty 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

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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.


U.S. presents evidence to grand jury in Avon case: report

February 13, 2012

Reuters on February 13, 2012 released the following:

“(Reuters) – Federal prosecutors have presented evidence to a grand jury against U.S. executives of cosmetics company Avon Products (AVP.N), in a case that probes whether those executives broke foreign bribery laws, the Wall Street Journal said.

In 2008, Avon said that it had started an internal investigation into whether it had violated the Foreign Corrupt Practices Act, which bars U.S.-linked companies from paying bribes to officials of foreign governments.

U.S. authorities are studying a 2005 internal audit report by the company that concluded Avon employees in China may have been bribing officials in violation of the Foreign Corrupt Practices Act, the Journal said, citing three people familiar with the matter.

The federal authorities are probing whether current or former executives ignored the audit’s findings or actively took steps to conceal the problems, both potential offences, the newspaper said.

“We’re not aware that a federal grand jury is investigating this,” an Avon spokeswoman told the Journal.

She declined to confirm to the paper whether there had been an audit in 2005 and declined to discuss how executives handled any such audit.

Avon could not immediately be reached for comment by Reuters outside regular U.S. business hours.

In January, Avon’s former CFO Charles Cramb left the company amidst a probe initiated by the U.S. Securities and Exchange Commission.

(Reporting by Sakthi Prasad; Editing by Muralikumar Anantharaman)”

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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

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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.


Laurie Schneider Indicted by a Federal Grand Jury for Allegedly Operating Ponzi Schemes

February 2, 2012

The Federal Bureau of Investigation (FBI) on February 1, 2012 released the following:

“Oceanside Woman Indicted for Operating Ponzi Schemes

Defendant Allegedly Defrauded Investors of More Than $4 Million

Laurie Schneider, of Oceanside, New York, has been indicted for operating Ponzi schemes that defrauded investors of more than $4 million.[1] The defendant was arraigned earlier today before United States Magistrate Judge A. Kathleen Tomlinson at the United States Courthouse, 100 Federal Plaza, Central Islip, New York.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and Janice K. Fedarcyk, Assistant Director in Charge of the Federal Bureau of Investigation, New York Field Office.

As alleged in the indictment, Schneider began accepting money in September 2006 from individuals seeking a return on their investment. In one scheme, operating a shell company incorporated as Janitorial Close-Out City Corp., Schneider falsely informed potential investors that Janitorial Close-Out invested in industrial equipment and machinery manufactured by companies in China. To induce investments, Schneider, among other things, (1) personally guaranteed specified positive rates of return as high as 60 percent, (2) represented that she had a business contact who had strong relationships with companies in China, and (3) represented that she would be able to buy the industrial equipment and machinery at wholesale prices which Janitorial Close-Out would resell in the United States at a 15 to 60 percent profit over a nine to 18-month period. In fact, the indictment charges that Schneider actually was running a Ponzi scheme, paying returns to Janitorial Close-Out investors not from any profits earned on the purchase and resale of industrial equipment and machinery, but rather from existing investors’ deposits or money paid by new investors. Schneider never produced or earned the rates of return that she promised. Rather, the positive rates of return were simply pre-determined rates made up by Schneider based upon fictitious profits.

The government estimates that Schneider defrauded over 25 investors in Janitorial Close-Out of more than $4 million, and more than $5 million through related schemes.

“In these difficult economic times, it’s all the more troubling that, as alleged in the indictment, someone would take advantage of the trust of investors for personal financial gain,” stated United States Attorney Lynch. “As alleged, this defendant falsely represented herself as having international business connections that would benefit her investors, when in reality she was engaged in purely homegrown fraud and deception. This indictment serves as a warning that we will vigorously investigate and prosecute those who, by deceit and false promises, would steal from those who believed they were investing in a legitimate enterprise.” Ms. Lynch added that the government’s investigation is continuing.

FBI Assistant Director-in-Charge Fedarcyk stated, “Ponzi schemes have been around for so long because, unfortunately, they are such an effective means of swindling people out of their hard-earned money. Investors need to be wary of ‘investment opportunities’ that ‘guarantee’ inordinately high rates of return, and should perform due diligence. But it is the perpetrators of these fraudulent schemes, not their victims, who are to blame. The FBI remains committed to protecting the investing public from them.”

If convicted, Schneider faces a maximum sentence of 20 years’ imprisonment on each of three counts of wire fraud count.

The government’s case is being prosecuted by Assistant United States Attorneys Richard T. Lunger and Lara Treinis Gatz.

The Defendant:

LAURIE SCHNEIDER Age: 37

[1] The charges in the indictment are merely allegations, 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

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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.


Former Detroit Public Schools Accountant, Teacher Indicted on Fraud and Money Laundering Charges

February 2, 2012

The Federal Bureau of Investigation (FBI) on February 1, 2012 released the following:

“Sandra Campbell, a former Detroit Public Schools contract accountant and school board candidate, and her daughter, Domonique Campbell, a Detroit Public Schools teacher, were indicted by a federal grand jury in Detroit on charges of program fraud conspiracy, money laundering conspiracy, and tax charges, United States Attorney Barbara L. McQuade announced today.

McQuade was joined in the announcement by Special Agent in Charge Andrew Arena, Federal Bureau of Investigation, and Special Agent in Charge, Erick Martinez, Internal Revenue Service, Criminal Investigation.

The nine-count indictment charges that between 2004 and 2008, Sandra Campbell, 56, and Domonique Campbell, 37, obtained in excess of $530,000.00 from the Detroit Public Schools through a fraudulent scheme in which orders were placed with the Campbells’ sham company for books and educational materials never provided to the schools. The indictment further alleges that Sandra Campbell and Domonique Campbell conspired to defraud the Internal Revenue Service and failed to report the money they fraudulently obtained from the Detroit Public Schools as income on their tax returns.

Sandra Campbell is also charged in the indictment with wire fraud. This count alleges that Campbell obtained a $40,000 discount payoff of a $250,000 mortgage on her home through a fraudulent “short sale” of the property to her mother.

United States Attorney Barbara L. McQuade said, “Anyone who considers stealing from our school children should take note that we are scrutinizing records and conduct, and will prosecute wrongdoers. “

FBI Special Agent in Charge Andrew Arena stated, “The FBI would like to thank all of our partners who continue to assist us in battling corruption. In particular, I would like to note the continued support of DPS Inspector General Van Marsh and his team, The alleged actions of these subjects do nothing more than steal the opportunity for quality education from our children. Such actions can not be tolerated and will be pursued by the FBI and it’s partners.”

IRS Special Agent in Charge Erick Martinez stated, “”Those who profit at the expense of our children and steal from our community will be held accountable for their greedy actions.”

The case was investigated by special agents of the FBI, IRS, and Department of Education, Office of Inspector General, with the assistance of Detroit Public Schools, Office of Inspector General. The case is being investigated and prosecuted by Assistant United States Attorneys J. Michael Buckley and Pamela Thompson of the Public Corruption Unit.”

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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 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.


Drug Trafficking Conspiracy Indictment Expanded

January 27, 2012

The Federal Bureau of Investigation (FBI) on January 26, 2012 released the following:

“ANCHORAGE— United States Attorney Karen L. Loeffler announced today, January 26, 2012, that on January 20, 2012, an Anchorage grand jury expanded a previously charged drug trafficking conspiracy involving Kostas Nikolaos Bairamis, Melissa Dawn Cue, BJ Griffith, William Gilbert, and Justin Clayton Ray Lane to charge three additional defendants: Homer resident Timothy Daniel Cissney, age 33; Christopher Sean Kendrick, age 36, from California; and Aaron O’Kito Dyson, aka “Punchy,” age 37, from Washington. The indictment alleges one count of conspiracy to distribute controlled substances, in violation of 21 U.S.C. §§ 846, 841(a)(1), (b)(1)(C).

According to the indictment presented to the court, defendants conspired to distribute oxycodone and methadone between at least June 17, 2010, and October 5, 2010. Bairamis has been convicted of conspiring to distribute methamphetamine during a different time period and has been sentenced to served 11 years on that separate charge. Both Cue and Griffith have been previously indicted by a grand jury in the District of Nevada. Those charges remain pending.

Assistant United States Attorney Kimberly Sayers-Fay, who presented the case to the grand jury, advised that the maximum penalties for conspiring to distribute oxycodone and methadone are 20 years’ imprisonment, a $1,000,000 fine, three years’ supervised release, and a $100 special assessment.

The Federal Bureau of Investigation and Alaska State Troopers conducted the investigation the led to the indictments in this case.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilty beyond a reasonable doubt.”

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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 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.


Madison, WI Federal Grand Jury Returns Indictments

January 27, 2012

The Federal Bureau of Investigation (FBI) on January 26, 2012 released the following:

“MADISON, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Lodi Man Charged with Armed Robbery of Pharmacy

Anthony Carriola, 28, Lodi, Wis., is charged with robbing a pharmacy at gunpoint. The indictment alleges that on January 10, 2012, he took morphine pills from Eannelli’s Pharmacy in Prairie du Sac, Wis., by force. Carriola also is charged with brandishing a firearm, specifically a .44 caliber revolver, during a crime of violence.

If convicted, Carriola faces a maximum penalty of 20 years in federal prison on the robbery count, and a mandatory minimum penalty of seven years on the brandishing a firearm count, which would be served consecutively to any other prison term imposed. The charges against him are the result of an investigation by the Sauk County Sheriff’s Department, Sauk Prairie Police Department, Dane County Sheriff’s Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case has been assigned to Assistant U.S. Attorney Rita M. Rumbelow.

Sparta Man Charged with Arson

Bradford White, 38, Sparta, Wis., is charged with destroying by means of fire a building and personal property used in activity affecting interstate commerce, specifically Fast Eddies, located in Sparta. The indictment alleges that he did so on December 10, 2011.

If convicted, White faces a mandatory minimum penalty of five years in federal prison, and a maximum penalty of 20 years. The charge against him is the result of an investigation by the Sparta Police Department; Monroe County Sheriff’s Office; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Wisconsin Department of Justice, Division of Criminal Investigation, State Fire Marshal’s Office. The prosecution of this case has been assigned to Assistant U.S. Attorney Elizabeth Altman.

Mondovi Man Charged with Gun Crime

William Ernest Ziemer, 47, Mondovi, Wis., is charged with being a felon in possession of three firearms. The indictment alleges that on September 7, 2011, he illegally possessed a semi-automatic rifle, a 12 gauge shotgun, and a .270 caliber rifle.

If convicted, Ziemer faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Chippewa County Sheriff’s Department; Polk County Sheriff’s Department; and St. Croix County Sheriff’s Department. The prosecution of this case has been assigned to Assistant U.S. Attorney Munish Sharda.

Madison Man Charged with Distributing Heroin

Gary C. Mays, 47, Madison, Wis., is charged with six counts of distributing heroin. The indictment alleges that he distributed heroin on November 15, 16, 22, and December 5 and 16, 2011, and January 6, 2011.

If convicted, Mays faces a maximum penalty of 20 years in federal prison on each count. The charges against him are the result of an investigation by the Drug Enforcement Administration and Dane County Narcotics and Gang Task Force. The prosecution of this case has been assigned to Assistant U.S. Attorney Paul W. Connell.

Middleton Man Charged with Gun Crime

Joshua Allen Schaaf, 25, Middleton, Wis., is charged with being a felon in possession of three firearms. The indictment alleges that on October 13, 2011, he illegally possessed a .38 caliber revolver and two .380 caliber pistols.

If convicted, Schaaf faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Dane County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.

Inmate Charged with Possessing Marijuana

Donte Adams, 37, an inmate of the Federal Correctional Institution at Oxford, Wis., is charged with possessing a prohibited object. The indictment alleges that he possessed marijuana on October 16, 2011.

If convicted, Adams faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the Federal Bureau of Investigation and Special Investigative Services at FCI-Oxford. The prosecution of this case has been assigned to Assistant U.S. Attorney David J. Reinhard.”

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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 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.


Eleven People Indicted for Alleged Drug Trafficking

January 26, 2012

The Federal Bureau of Investigation (FBI) on January 25, 2012 released the following:

“POCATELLO— A federal grand jury in Pocatello on Tuesday returned an indictment charging 11 people with conspiracy to distribute methamphetamine, announced U.S. Attorney Wendy J. Olson. Four defendants were arrested earlier today; six others currently in state custody will be transferred into federal custody tomorrow.

The defendants named in the indictment are Samuel Nevarez-Ayon, 25, and Fabiola Esmerelda Marin-Castro, 24, of Rexburg, Idaho; Guadalupe Meraz, 40, of Medara, California; Ana Rosa Valdez-Ceja, 25, Juan Ortiz, Jr., 27, and Antonio Javier Mendoza, 27, of Shelly, Idaho; Isidoro David Herrera, 30, Daniel Quiroz, 24, Everado Tapia Torres, Jr., 29, Ricardo Garcia Lopez, 34, and Nicolas Levi Olsen, 28, of Idaho Falls, Idaho. Nevarez-Ayon, Torres, Olsen, Valdez-Ceja, Mendoza, Quiroz, Herrera, Ortiz, Marin-Castro, and Meraz are scheduled to be arraigned on Thursday before U.S. Magistrate Judge Ronald E. Bush. An arrest warrant has been issued for Lopez, who is considered a fugitive.

Federal drug trafficking charges are punishable by up to 10 years in prison, a fine up to $8 million, and a minimum term of five years of supervised release.

The charges are the result of a nine-month investigation by the Organized Crime Drug Enforcement Task Force (OCDETF), including the Idaho State Police, Bonneville County Sheriff’s Office, Idaho Falls Police Department, Madison County Sheriff’s Office, Rexburg Police Department, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Internal Revenue Service-Criminal Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Fremont County Sheriff’s Office, and the Federal Bureau of Investigation (FBI).

The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations.

An indictment is a means of charging a person with criminal activity. It is not evidence. The person is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

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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

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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.


119 Individuals Charged in Three Countywide Law Enforcement Operations

January 26, 2012

The Federal Bureau of Investigation (FBI) on January 25, 2012 released the following:

“Two Mexican Mafia Members and 117 San Diego County, California Street Gang Members and Associates with Ties to the Mexican Mafia Charged with Racketeering Conspiracy, Drug Trafficking Violations, and Firearms Offenses

119 Individuals Charged in Three Countywide Law Enforcement Operations

SAN DIEGO—A federal grand jury in San Diego has handed up 17 indictments and the U.S. Attorney’s Office for the Southern District of California has filed eight criminal complaints charging a total of 119 defendants with federal racketeering conspiracy, drug trafficking violations, and federal firearm offenses, announced U.S. Attorney for the Southern District of California Laura E. Duffy.

U.S. Attorney Duffy said, “The cases unsealed today make communities stronger and safer. The United States Attorney’s Office is committed to an anti-gang, anti-violence strategy built on close coordination between federal, state and local officials. This coordination provides better intelligence about street gangs and violent crime within our communities. And better intelligence means better law enforcement and prosecutions.”

FBI Special Agent in Charge Keith Slotter commented, “Today’s arrests mark one of the largest single takedowns in San Diego FBI history. The FBI and our law enforcement partners stand unified in our efforts to protect this county from the violence, drug trafficking and extortion schemes employed by the Mexican Mafia and its affiliates. San Diego is inherently safer today because of the cooperation between our agencies working together to disrupt and dismantle the criminal activities of these dangerous individuals.”

“This is a traditional case of dishonor amongst thieves,” commented San Diego County Sheriff Bill Gore. “Gangs were made to pay ‘taxes’ in order to facilitate their trafficking and violent behavior. We answered with a one-two punch: a strong and experienced multi-agency investigation, armed with the RICO statute. The results speak for themselves.”

The charges stem from three investigations entitled, “Operation Notorious County,” “Operation Carnalismo,” and “Operation 12-Step.”

“Operation Notorious County”

The indictments are the result of an 18-month-long investigation entitled, “Operation Notorious County,” led by the North County Regional Gang Task force. Eight indictments charging 51 individuals, including one charging 40 defendants with participating in a federal Racketeer Influenced and Corrupt Organization (RICO) conspiracy were unsealed today. All five indictments were handed up by a federal grand jury sitting in San Diego on Jan. 19, 2012. The RICO conspiracy alleged in the indictment involves the commission of both state and federal crimes, including attempted murder, kidnapping, robbery, extortion, money laundering, and drug trafficking violations. As set forth in the indictment, the defendants are members, associates and facilitators of violent street gangs operating primarily in north San Diego County under the auspices of the Mexican Mafia or “La Eme.” The gangs named in the indictment include the Diablos and West Side gangs, based in Escondido, Calif., as well as the Varrio San Marcos and the Varrio Fallbrook Locos. The individuals named in the indictment were involved in a long-standing criminal enterprise used to extort money by threat or violence. The money was then sent on to high-ranking members of the Mexican Mafia, including defendant Rudy Espudo. The indictment alleges that Espudo is a validated member of the Mexican Mafia who oversees their activities throughout much of northern San Diego County.

“Operation Carnalismo”

In “Operation Carnalismo,” led by the Violent Crime Task Force-Gang Group, a group of federal, state, and local law enforcement agents led by the FBI, five indictments charging 36 individuals were unsealed today. Eight defendants are charged in one indictment with a conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO), violent crime in aid of racketeering (VCAR), distribution and conspiracy to distribute methamphetamine and heroin and criminal forfeiture. Four additional indictments, charging 28 defendants were also unsealed. These related indictments charge distribution and conspiracy to distribute methamphetamine and criminal forfeiture. All five indictments were handed up by a federal grand jury sitting in San Diego on Jan. 24, 2012, and unsealed today. The RICO indictment charges the criminal enterprise was run by Mexican Mafia member Salvador Colabella. Colabella and his associates conspired to distribute methamphetamine and heroin, extorted and robbed others, and laundered drug-trafficking proceeds. Colabella and his associates collected the extortion payments through the threat of violence and the commission of violence. According to the indictment, the Mexican Mafia has about 200 members, but its reach extends to thousands of Hispanic street-gang members in Southern California. A Mexican Mafia member is the highest level one can attain in the Mexican Mafia. A member, also called “Brother” or “Carnal” or “Tio,” controls, exploits and profits from the criminal activity conducted by street-gang members and others. This control over the criminal activity is enforced through acts of violence or the threat of violence.

“Operation 12-Step”

This year-long investigation, known as “Operation 12-Step,” was led by the East County Regional Gang Task Force, a group of federal and state law enforcement led by the FBI and the San Diego County Sheriff’s Department. Operation 12-Step focused on gang-related methamphetamine distribution activities in San Diego County. Today four indictments and eight complaints were unsealed charging 32 individuals with conspiracy to distribute methamphetamine. According to court records, individuals charged in this investigation belong to nine different criminal street gangs including Varrio Chula Vista, East Side Piru, Old Town National City, Shelltown, National City Locos, Imperial Beach Imperials, Paradise Hills, Varrio Encanto Locos and National City Block Boys. Between Feb. 22, 2011, and Dec. 13, 2011, law enforcement made more than 20 methamphetamine and heroin seizures in connection with this investigation. In addition, search warrants were executed at eight residences in San Diego; Spring Valley, Calif.; National City, Calif.; Imperial Beach, Calif.; and Chula Vista, Calif..

U.S. Attorney Duffy praised the coordinated effort of the law enforcement agencies of the Violent Crimes Task Force-Gang Group, the East County and North County Regional Gang Task Forces under the Organized Crime Drug Enforcement Task Force (OCDETF) for the coordinated team effort culminating in the charges filed in these cases. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against major drug trafficking.

The cases are being investigated by the FBI, the San Diego County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the National City, Calif., Police Department; the San Diego Police Department; the Escondido, Calif., Police Department; the Carlsbad, Calif., Police Department; the U.S. Marshals Service; the La Mesa, Calif., Police Department; the El Cajon, Calif., Police Department; the San Diego County District Attorney’s Office; the U.S. Bureau of Prisons; the California Department of Corrections and Rehabilitation; the San Diego County Probation Department; Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigations; and Customs and Border Protection-United States Border Patrol.

The cases are being prosecuted in San Diego federal court by Assistant U.S. Attorneys Peter Mazza, Jaime Parks, Fred Sheppard and Tara McGrath.

An indictment or a complaint are not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.”

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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 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.


Ten Individuals Charged by a Federal Grand Jury for Alleged Conspiracy to Commit Health Care Fraud

January 19, 2012

The Feral Bureau of Investigation (FBI) on January 19, 2012 released the following:

“Ten Individuals Arrested for Health Care Fraud

SAN JUAN, PR—On January 12, 2012, a federal grand jury returned two indictments against 10 individuals for conspiracy to commit health care fraud, announced Rosa Emilia Rodríguez-Vélez, United States Attorney for the District of Puerto Rico. The investigation was led by the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), with the collaboration of the United States Secret Service (USSS) and the Federal Bureau of Investigation (FBI).

Gilberto Gómez, president of Monte Mar Health Corporation (Monte Mar), PROMEDS Medical Inc. (PROMEDS) and Quality Care Medical Supply (Quality); Yolanda García-Rodríguez, aka “Yolanda Gómez,” wife of Gómez and president of PROMEDS, secretary/treasurer of Monte Mar and an authorized official of Quality; Lissette Acevedo, independent sales coordinator; Doctor Francisco Garrastegui; Luisa Nieves, independent sales coordinator; Glendaly Báez, billing director for Monte Mar, PROMEDS and Quality; Mario Rivera, independent sales coordinator; and Marcos Sarraga, independent sales coordinator, are charged in a 39-count indictment for conspiracy to commit health care fraud and a forfeiture allegation of $1,956,750.54. The government seeks to forfeit two bank accounts, one investment account, and a Gallery Plaza Condominium located in the Condado area in San Juan, Puerto Rico.

The indictment alleges that from on or about November, 2008, until on or about May, 2010, Monte Mar submitted at least 1,518 false and fraudulent claims to Medicare totaling approximately $2,993,127.35 for Durable Medical Equipment (DME) that was not medically necessary, causing Medicare to disburse approximately $1,440,597.65. In March 2010, the indictment further alleges that after Monte Mar had been placed in a pre-payment status by Medicare, defendants Gilberto Gómez and Yolanda García-Rodríguez purchased PROMEDS and submitted false claims to Medicare seeking reimbursement for DME, including power wheelchairs, power pressure reducing air mattresses and knee orthosis. PROMEDS submitted at least 359 fraudulent claims to Medicare totaling approximately $786,368.34, causing Medicare to disburse approximately $335,493.12. In October 2010, the indictment alleges that a third company, Quality, was purchased by Gómez and García-Rodríguez after PROMEDS had been placed in a pre-payment status by Medicare. From on or about October 2010, until May, 2011, Quality submitted at least 115 false claims to Medicare totaling approximately $298,321.26, causing Medicare to disburse approximately $180,659.77. The indictment alleges a total amount of $4,077,816.95 fraudulently billed by using Monte Mar, PROMEDS and Quality, where Medicare disbursed a total of approximately $1,956,750.54.

Doctor Francisco Garrastegui was a physician licensed to practice medicine in Puerto Rico but not a Medicare provider. Garrastegui signed and completed false progress notes, prescriptions, Certificate of Medical Necessity (CMNs) and Statements of Ordering Physician for Medicare beneficiaries that were billed by Monte Mar, PROMEDS and Quality. The doctor was paid kickbacks by the three health corporations for the preparation of these false documents. The other defendants’ participation during the conspiracy involved the creation and submission of the fraudulent claims to Medicare.

The health care fraud scheme charged in the second indictment involves Luz M. Vega, president of Preferred Medical Equipment (PME), Doctor Francisco Garrastegui, Lissette Acevedo, Luisa Nieves and María Elisa Pérez. According to the 60-count indictment, from on or about April 2010, until on or about March 2011, PME submitted false claims to Medicare, seeking reimbursement for Durable Medical Equipment including: power wheelchairs, power pressure reducing air mattresses, wheelchair accessories, lumbar-sacral orthosis, knee orthosis and hospital beds. The co-conspirators submitted at least 95 fraudulent claims totaling approximately $210,223.47, causing Medicare to disburse approximately $107,876.73. Defendants Garrastegui, Acevedo and Nieves also participated in the first conspiracy charged in the previously mentioned indictment. The government seeks to forfeit $107,876.73 and one bank account.

“As part of the nation’s health care system, Medicare serves vulnerable populations,” said United States Attorney, Rosa Emilia Rodríguez-Vélez. “Today’s arrests by HHS-OIG agents and our law enforcement partners show that we will not tolerate criminals who engage in fraudulent schemes which deplete the Medicare program of funds which are destined for our elderly population, in order to enrich themselves.”

“HHS/OIG works diligently to investigate allegations of Medicare fraud. Today’s arrests involving durable medical equipment (DME) fraud demonstrate our resolve to bring these subjects to justice. Furthermore, as seen on the attached chart (DME data), our efforts, along with the U.S. Attorney’s Office and our law enforcement partners, have made a dramatic reduction on the total dollars billed and paid for DME in Puerto Rico.”

“The U.S. Secret Service is committed to investigate any financial fraud crimes to include identity theft along with our partner agencies to safeguard our financial system,” said Pedro Gómez, Special Agent in Charge. We will continue to investigate these types of crimes to the fullest extent of the law and bring to justice these criminals that engage in identity theft to facilitate other criminal activities.”

HHS-OIG, USSS, and the FBI conducted the investigations. The agencies that conducted the arrests were HHS-OIG, USSS, FBI, and the U.S. Marshal Service.

The cases are being prosecuted by Assistant U.S. Attorneys Julia Díaz-Rex, health care fraud coordinator, and Héctor Ramírez-Carbó, and Special Assistant U.S. Attorney Wallace A. Bustelo.

If found guilty, the defendants could face a possible sentence of 10 years in prison for the health care fraud offense with a consecutive term of imprisonment of two years for the aggravated identity theft offense and a fine of up to $250,000. Indictments contain only charges and are not evidence of guilt. Defendants are presumed to be 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

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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.


Former Oklahoma Detention Officer Indicted for Allegedly Assaulting an Inmate

January 19, 2012

The U.S. Department of Justice (DOJ) on January 18, 2012 released the following:

“A federal grand jury in Muskogee, Okla., has indicted Jerrod Porter Lane, 26, former detention officer at the Muskogee County Jail (MCJ) in Oklahoma, on six charges related to two separate assaults of an inmate housed at MCJ and the subsequent attempts to cover up his behavior, all during October 2011.

Lane is charged with violating the civil rights of the victim for spraying him with Oleoresin Capsicum (OC or pepper spray) on Oct.1, 2011, while the victim was fully restrained. Lane is also charged with falsifying both his own incident report and the report of a fellow jailer when Lane falsely wrote that the victim was physically resisting and that the victim was not restrained at the time Lane dispensed his pepper spray.

Lane is also charged with conspiring with Phillip Oliver, an inmate at MCJ, to assault that same victim on Oct. 6, 2011. Lane is further charged with once again violating the civil rights of the victim when he directed inmate Phillip Oliver to go into the victim’s cell and assault him. Specifically, Lane and Oliver agreed that Oliver would assault the victim because the victim was making verbal comments and noise while restrained inside a cell at MCJ. The indictment further alleges that Lane told Oliver to “go in there and do what you gotta do,” promising to cover for Oliver if he later got into trouble for assaulting the victim. The indictment alleges that thereafter, Lane remotely popped open the victim’s cell door, allowing Oliver to assault the victim, who was not resisting or posing a threat to anyone.

Lane faces a maximum penalty of 10 years in prison for both the conspiracy and civil rights offenses. He faces a maximum penalty of 20 years in prison for falsification of incident reports. Finally, Lane faces a maximum penalty of five years in prison for making materially false statements to the FBI.

An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

Inmate Oliver pleaded guilty last week in U.S. District Court in Muskogee, Okla., to one count of conspiracy for his role in conspiring with Jerrod Lane to assault the victim.

This case is being investigated by the Muskogee Resident Agency of the Oklahoma City Division of the FBI and is being prosecuted by Assistant U.S. Attorney Ryan M. Roberts for the Eastern District of Oklahoma and Trial Attorney Fara Gold of the Civil Rights Division of the U.S. Department of Justice.”

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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 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.


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