May 10, 2012
The Federal Bureau of Investigation (FBI) on May 9, 2012 released the following:
“Minneapolis Man Indicted for Mortgage Fraud in Connection with Burnsville Condo Project
MINNEAPOLIS— Earlier today in federal court in St. Paul, a 43-year-old Minneapolis man was indicted with allegedly defrauding mortgage lenders out of millions of dollars in connection with the sale of condominiums at Chateau Ridge in Burnsville. Jared Mitchell Rothenberger was specifically charged with one count of conspiracy to commit wire fraud, one count of conspiracy to commit bank and wire fraud, six counts of wire fraud, seven counts of money laundering, two counts of monetary transactions in criminally derived property, and one count of bank fraud. The indictment combines charges related to Chateau Ridge with those Rothenberger also faces in connection to the Cloud 9 Sky Flats development in Minnetonka. Rothenberger was originally charged in the Cloud 9 case on November 8, 2011.
The most recent indictment alleges that from August 24, 2006 through July 15, 2007, Rothenberger and others conspired to defraud mortgage lenders out of money by finding straw buyers to apply for mortgage loans to purchase units at Chateau Ridge. He and others then allegedly made misrepresentations to the lenders regarding the straw buyers’ financial situation, among other things. In some instances, he also reportedly provided straw buyers with funds for down payments, although his actions were never disclosed to the lenders. Furthermore, Rothenberger allegedly participated in the distribution of mortgage loan proceeds outside of actual property closings, again without informing the lenders. Some of the funds—or kickbacks—distributed in that manner amounted to hidden purchase-price discounts and were allegedly provided to the straw buyers. Kickbacks were also purportedly made to Rothenberger and others involved in the scheme in the form of “facilitator” fees or other bogus charges.
Rothenberger is accused of similar criminal activity in connection with the Cloud 9 Sky Flats condominium development in Minnetonka. That case involves more than 40 Cloud 9 units. In excess of $4.2 million was reportedly transferred to accounts for the purpose of paying kickbacks and otherwise sharing in the proceeds of the fraud scheme.
If convicted, Rothenberger faces a potential maximum penalty of 30 years for conspiracy to commit bank and wire fraud, 30 years for bank fraud, 20 years for each count of money laundering and wire fraud, 10 years for each count of monetary transaction involving criminally derived property, and five years for conspiracy to commit wire fraud. All sentences will be determined by a federal district court judge.
This case is the result of an investigation by the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorneys Christian S. Wilson and Robert M. Lewis.
This law enforcement action is in part sponsored by the interagency Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. It includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch and, with state and local partners, investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.”
US v. Jared Mitchell Rothenberger – Federal Criminal Indictment
18 U.S.C. § 1343
18 U.S.C. § 1344
18 U.S.C. § 1349
18 U.S.C. § 1956
18 U.S.C. § 1957
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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.
April 25, 2012
New York Daily News on April 24, 2012 released the following:
“Federal prosecutor Todd Kaminsky slams Espada as a brazen crook who treated his tax-supported health clinic as a personal ‘ATM’
BY JOHN MARZULLI
PEDRO ESPADA JR. kicked back and flipped through a couple of books while a federal prosecutor read him the riot act in closing arguments of his embezzlement trial.
As Assistant U.S. Attorney Todd Kaminsky blasted Espada as an arrogant thief who looted his taxpayer-funded Bronx health clinic, the ex-state senator thumbed through a Bible and “Black Robes White Justice,” a book by Bruce Wright, a controversial judge known for freeing felons.
Espada tuned out as the prosecutor ripped him and son Pedro Gautier Espada for stealing hundreds of thousands of dollars from their Soundview Health Network for dinners, vacations and personal gifts.
“The defendants used (the clinic) as their ATM,” Kaminsky told the jury in Brookyn Federal Court.
The disgraced pol pooh-poohed the rebukes outside court.
“He (Kaminsky) said all the same things in the grand jury,” Espada said. “He’s young and ambitious and he has a long way to go.”
Over the past six weeks, prosecutors presented credit card statements and receipts showing the Espadas billing the clinic for personal expenses.
The bills included a 95-cent biscotti cookie from Starbucks, a lavish Sunday meal of Oysters Rockefeller at a City Island restaurant and a $20,000 family trip to a resort in Puerto Rico for a health conference.
“Pedro Espada’s attitude was, ‘I own Soundview, I built Soundview, I am Soundview. If I want to take from Soundview, who’s going to stop me?’” Kaminsky said.
The clinic even picked up the tab for thousands of dollars in home improvements for his residence in Mamaroneck, Westchester County.
“It’s astounding Pedro Espada had his whole house remodeled and he didn’t know how it happened,” Kaminsky said. “He wants you to think, ‘Were we part of an Extreme Home Makeover that we didn’t know about?’”"
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Federal Indictment
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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 and OFAC SDN Sanctions Removal.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
March 21, 2012
The Gainesville Sun March 20, 2012 released the following:
“‘Botched’ indictment ends in local firm’s acquittal
By Jason Geary and Anthony Clark
The Gainesville Sun
A Gainesville-based construction company and its vice president were acquitted on federal charges of bribing a Polk County school official in Tampa on Monday because the grand jury indictment mistakenly referred to the Polk County government and not the Polk County School District.
M.M. Parrish Construction Co. and its vice president, Lloyd Whann, were on trial in Tampa’s federal courthouse for two weeks on charges of bribing Bob Williams, former assistant superintendent of facilities for the Polk County School Board.
Prosecutors accused the company of gaining a competitive edge by bribing Williams with posh hunting and fishing trips, expensive bathroom renovations on Williams’ home and a $2,000 shotgun.
The Gainesville-based company has received more than $100 million worth of work from the Polk County School Board, nearly four times as much work as its nearest competitor.
The defense argued the company got work based on its reputation for high-quality work and had no intent to influence Williams with gifts.
“Witnesses testified one after the other that there was not a better construction company in the state to show they got the work they got because they are the best. That’s the only reason they got it,” said Henry M. Coxe III, the company’s attorney.
Williams still faces punishment because he accepted a plea deal last year. He pleaded guilty to one count of conspiracy to commit bribery, which carries a maximum penalty of five years in prison.
Whann’s attorney, Larry Turner of Gainesville, said the acquittal was about more than poor verbiage in the indictment. The case was in federal court because the indictment said Polk County received federal funding, but Williams worked for the Polk County School District, a separate government agency. That meant the evidence presented was insufficient, he said.
Turner said there were other problems with the way the indictment was drafted.
U.S. District Judge Richard A. Lazzara said he has never seen a “botched situation” like this in his 14 years on the federal bench.
Lazzara told Michael Walsh, the company’s president, and Whann that they were not guilty of the charges and were free to leave.
The sudden ending brought both men to tears, and they embraced their lawyers, family and friends.
“I just had to thank God, that’s all I could think was thank you God for bringing us through this,” Walsh told The Sun on Tuesday. “We just appreciate all the love and support that we received from friends and customers and people from all over throughout the whole process.”
While M.M. Parrish Construction and the local real estate firm Coldwell Banker M.M. Parrish Realtors were founded locally by the Parrish family, the construction company was sold in the early 1980s.”
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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 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.
March 21, 2012
The Washington Post on March 20, 2012 released the following:
“By Sari Horwitz,
The decision by the Justice Department and the FBI to open an investigation into the slaying of an unarmed black teenager in Florida has spurred internal debate at the agency over whether the federal government could bring criminal charges in the case, which has sparked widespread protest.
Lawyers at the department said Tuesday that while the investigation into the shooting of 17-year-old Trayvon Martin would go forward, it would be difficult to prosecute the case under federal law. Civil rights law protects against “hate crimes” or actions by police officers, but Martin’s shooting may not have either of those elements, two officials said. They spoke on the condition of anonymity because the probe is still under federal review.
Martin was shot and killed Feb. 26 by a neighborhood watch volunteer, George Zimmerman, who told police he was acting in self-defense. Zimmerman, 28, had called police from his car after he saw Martin walking in a gated community in Sanford, Fla.
According to the 911 tapes, Zimmerman told the dispatcher, “this guy looks like he’s up to no good or he’s on drugs or something . . . they always get away.” The dispatcher told Zimmerman not to follow, saying an officer was on the way. Minutes later, Martin was shot in the chest.
No charges have been brought against Zimmerman. Along with the Justice investigation, a local grand jury will consider evidence in the case.
Zimmerman’s family described him as “a Spanish-speaking minority,” and his father released a statement to the Orlando Sentinel saying his son did not target Martin because he was black.
Martin’s mother, Sybrina Fulton, said Monday, “I don’t understand why this man has not been arrested . . . let a judge and jury decide if he’s guilty.”
Lawyer Benjamin Crump, who represents Martin’s parents, said at a news conference in Florida on Tuesday that the teenager was on a cellphone with his girlfriend in Miami when he told her he was being followed, according to the Associated Press. She said Martin told her that he was trying to get away.
Crump, who did not release the name of Martin’s girlfriend because of privacy concerns, said she heard a scuffle and an altercation before the call was cut off.
Martin had not been using drugs or alcohol and would have had no reason to confront Zimmerman, Crump said in an interview. He had been watching basketball at his father’s girlfriend’s house when he went to a nearby 7-Eleven store for a snack, Crump said.
A bag of Skittles and a can of iced tea were on his body when police arrived.
Rallies have been held across Florida, with students calling for Zimmerman’s arrest, and the Rev. Al Sharpton will hold a national rally Thursday in Sanford.
Thomas E. Perez, assistant attorney general for civil rights, met in Washington on Tuesday with Sanford Mayor Jeff Triplett and Rep. Corrine Brown (D-Fla). Brown urged Perez to prosecute the case as a hate crime.
Stephen A. Saltzburg, a professor at George Washington University Law School, called the case “a difficult one for the Justice Department.”
“This may be somebody who is racially biased, but from the 911 calls, it looks as though, however misguided this guy was, he thought that Trayvon was involved in some kind of suspicious activity,” Saltzburg said. “Race may play a role, but I just think it will be hard to bring this as a federal hate crime, given the limited reach of federal hate-crimes law.”
Justice Department spokeswoman Xochitl Hinojosa issued a statement late Monday saying that in civil rights crimes, the government “must prove beyond a reasonable doubt that a person acted intentionally and with the specific intent to do something which law forbids — the highest level of intent in criminal law.”
White House spokesman Jay Carney offered condolences to the Martin family but said the White House was “not going to wade into a local law enforcement matter.””
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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
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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 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.
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.
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Posted by McNabb Associates, P.C.
October 7, 2011
The Federal Bureau of Investigation (FBI) on October 6, 2011 released the following:
“HOUSTON— A federal grand jury has charged 30-year-old Jerald Bland, aka “Moe Betta,” with sex trafficking of two minors and one adult, as well as transporting one adult and one minor for the purposes of prostitution, United States Attorney Kenneth Magidson announced today.
The five-count indictment returned by the grand jury today, alleges that beginning in March 2010 through June 2010, Bland used force, fraud, or coercion to cause two minors and one adult female to engage in commercial sex acts. Bland is also accused of transporting one minor and one adult female from Texas to Louisiana to engage in prostitution in violation of federal statutes.
The United States has sought a court order to transfer Bland from state custody into federal custody to face the charges and appear for arraignment on a date to be set by the court.
Each of the three counts accusing Bland of sex trafficking carries a maximum penalty of life imprisonment and a fine of up to $250,000 upon conviction. Depending on whether a jury were to find that the victims were minors or that he used force, fraud, or coercion, Bland would face minimum mandatory sentences of 10 to 15 years on the sex trafficking charges. The transportation charge relating to the adult victim carries a maximum sentence of up to 10 years in prison. The transportation of a minor charge carries a minimum penalty of 10 years in prison with a maximum of life in prison. Each of those charges also carries a $250,000 fine. If convicted, upon release from any prison sentence Bland would be subject to at least five years of supervised release in which the court would require the defendant conform to certain requirements based on the nature of the charges. The defendant could be on supervised release for life, and if convicted, the defendant would have to register as a sex offender.
This investigation leading to the federal charges was conducted by the Houston FBI Innocence Lost Task Force in conjunction with Houston Police Department. Assistant U.S. Attorney Sherri L. Zack is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless and until proven guilty by due process of law.”
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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Posted by McNabb Associates, P.C.
September 16, 2011
The Federal Bureau of Investigation (FBI) on September 14, 2011 released the following:
“Red Lake Man Indicted for Assaulting a Woman
MINNEAPOLIS— Yesterday in federal court, a 38-year-old Red Lake man was indicted for the domestic assault of a woman while on the Red Lake Indian Reservation. The indictment charges Jamie Allan Greene, Sr., with one count of assault resulting in serious bodily injury.
The indictment alleges that on August 2, 2011, Greene committed the assault against another Indian. A law enforcement affidavit filed in the case states that because of the assault, the victim’s face was swollen, particularly around her eye, at the time she reported the incident to authorities. She also allegedly stated that Greene grabbed her by the hair and threw her against the wall and then stomped on her face while she lay on the ground.
If convicted, Greene faces a potential maximum penalty of 10 years in prison. All sentences will be determined by a federal district court judge. This case is the result of an investigation by the Red Lake Tribal Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Deidre Y. Aanstad.
Because the Red Lake Indian Reservation is a federal jurisdiction reservation, some of the crimes that occur there are investigated by the FBI in conjunction with the Red Lake Tribal Police Department. Those cases are prosecuted by the U.S. Attorney’s Office.
The U.S. Justice Department is taking steps to increase engagement, coordination, and action relative to public safety in tribal communities, including the creation of the Violence Against Women Federal and Tribal Prosecution Task Force. This task force will explore current issues raised by professionals in the field and recommend “best practices” in prosecution strategies involving domestic violence, sexual assault, and stalking.
Violence against American Indian women occurs at epidemic rates. In 2005, Congress found that one in three American Indian women is raped during her lifetime, and American Indian women are nearly three times more likely to be battered in during their lives than Caucasian women.
An indictment is a determination by a grand jury that there is probable cause to believe that offenses have been committed by a defendant. A defendant, of course, is presumed innocent until he or she pleads guilty or is proven guilty at trial.”
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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Posted by McNabb Associates, P.C.
September 9, 2011
The Federal Bureau of Investigation (FBI) on September 8, 2011 released the following:
“Four Defendants Indicted in Multi-Million-Dollar Mortgage Fraud Conspiracy
TUCSON, AZ— A federal grand jury returned an indictment charging four defendants in a mortgage fraud conspiracy. The indictment charged 20-counts including conspiracy to commit bank fraud, false statement to influence a financial institution, and conspiracy to commit transactional money laundering.
The defendants charged in various counts of the indictment are: real estate developers William Michael Naponelli and Walter Scott Fruit; escrow officer Sandra Jackson; and real estate agent Brian Atwood. The defendants will be required to appear in federal court for their arraignment.
“The indictment alleges that the defendants fraudulently obtained loans for 19 properties that eventually ended in foreclosure,” said Acting U.S. Attorney Ann Birmingham Scheel. “As mortgage fraud continues to impact our communities, we also continue working closely with the IRS and FBI to hold those responsible for this fraud accountable.”
The indictment alleges that the defendants conspired to commit mortgage fraud to obtain 19 loans totaling approximately $5.85 million between the years 2006 through 2007.
According to the indictment, Naponelli and Fruit purchased properties using various business entities with which they were associated. Thereafter, Naponelli and Fruit sold these properties to straw buyers for a profit.
The indictment further alleges that the defendants submitted to lenders loan applications and other documents that contained material false representations relating to the purchase of the nineteen properties. After the fraudulently obtained loan proceeds were received portions of the loan proceeds were diverted into bank accounts under the control of some of the co-conspirators.
As a result of the mortgage fraud scheme, each of the properties referenced in the indictment went into foreclosure.
A conviction for conspiracy to commit bank fraud and false statement to influence a financial institution carries a maximum penalty of 30 years in prison, a $1,000,000 fine, or both. A conviction for conspiracy to commit transactional money laundering carries a maximum penalty of 10 years in prison and a $250,000 fine.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that established guilt beyond a reasonable doubt.
The investigation preceding the indictment was conducted by the Internal Revenue Service – Criminal Investigations and the Federal Bureau of Investigation. The prosecution is being handled by Jonathan B. Granoff, Assistant U.S. Attorney, District of Arizona, Tucson.
CASE NUMBER: CR11-3046-CKJ(JJM)”
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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Posted by McNabb Associates, P.C.
August 30, 2011
MLB.com on August 30, 2011 released the following:
“By John Schlegel / MLB.com
A sentencing date of Dec. 16 has been set for Barry Bonds, whose conviction for obstruction of justice was upheld in federal court last week.
Judge Susan Illston on Friday denied Bonds’ motion to dismiss or retry the obstruction charge, the one conviction brought against Bonds in his trial in U.S. District Court in San Francisco, which ended April 13.
A seven-time Most Valuable Player who set the single-season and career home run records during his 22-year career, Bonds was convicted of obstruction but the jury could not come to a consensus on any of three counts of making false declarations. The charges were based on Bonds’ 2003 testimony before the Bay Area Laboratory Co-Operative (BALCO) grand jury, in which he denied knowingly using performance-enhancing drugs.
According to the indictment against Bonds, the maximum penalty for the obstruction charge is “10 years maximum imprisonment, $250,000 fine, three years supervised release, $100 special assessment fee.” But federal sentencing guidelines reportedly suggest 15-21 months, and previous BALCO sentences suggest Bonds could be given house arrest.
Illston, who has presided over the cases brought by the BALCO investigation, previously sentenced cyclist Tammy Thomas to six months of home confinement and track coach Trevor Graham to one year of home confinement. Thomas was convicted of three counts of making false statements and one count of obstructing justice but was acquitted of two perjury charges. Graham was convicted of one count of giving false statements, and the jury deadlocked on two other charges.
Illston ruled Friday that the record showed Bonds “endeavored to obstruct the grand jury” when he rambled and talked about friendship, fishing and being a “celebrity child” when asked whether trainer Greg Anderson ever had injected him with anything. The defense still could appeal the conviction.
The government has yet to announce whether it will retry any of the charges that wound up in a hung jury. While two wound up in favor of acquittal, according to jurors, Count Two — also relating to whether Bonds received injections from Anderson — was 11-1 in favor of conviction.”
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 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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Posted by McNabb Associates, P.C.
August 29, 2011
Bloomberg on August 26, 2011 released the following:
“By Peter Blumberg
Barry Bonds, Major League Baseball’s home-run record holder, lost a bid to overturn his conviction for obstruction of justice in a government probe of steroid use by athletes, according to a court filing.
U.S. District Judge Susan Illston in San Francisco issued a ruling yesterday denying the slugger’s request for an acquittal and refusing to grant a new trial.
Illston rejected Bonds’s argument that there was no crime in his 146-word answer to a grand jury about whether his trainer Greg Anderson ever gave him anything that required an injection with a syringe. His attorney, Dennis Riordan, said at an Aug. 25 hearing before Illston that the former San Francisco Giants outfielder took about 75 seconds to respond to prosecutors’ direct question and eventually answered “no.”
“Defendant repeatedly provided nonresponsive answers to questions about whether Anderson had ever provided him with injectables, resulting in the prosecuting attorneys asking clarifying question after clarifying question, and even once resulting in one prosecutor interrupting another who was about to move on to a new topic in order to clarify defendant’s mixed responses,” Illston wrote in her ruling. “An evasive answer about an issue material to the grand jury is not necessarily rendered immaterial by the later provision of a direct answer, even if that direct answer is true.”
Convicted in April
Bonds, 47, was convicted in April by a federal jury in San Francisco of obstructing a U.S. probe of steroid use by professional athletes. Jurors were unable to agree on whether Bonds lied when he told a grand jury in 2003 that he didn’t knowingly take steroids, didn’t take human growth hormone and didn’t receive injections by Anderson. A mistrial was declared on those counts.
Riordan didn’t immediately respond to a phone message seeking comment on the ruling after regular business hours.
Bonds broke Hank Aaron’s record of 755 career home runs in August 2007. He was indicted in November of that year for allegedly lying to a 2003 grand jury about steroids use. He was the first Major League ballplayer to be charged in a years-long federal probe of steroid use in professional sports.
Bonds’s attorneys said at trial that he truthfully testified that he received performance-enhancing substances from Anderson without knowing what they were because the drugs were new at the time and Anderson told him one was flaxseed oil.
In the grand jury proceedings, Bonds didn’t say yes or no when asked if Anderson ever gave him anything “that required a syringe to inject yourself with.”
‘One Doctor’
He responded that he “only had one doctor touch me” and he didn’t talk baseball with his trainer or “get into other people’s business.” Bonds said that’s what kept his friendship with Anderson going.
“I became a celebrity child with a famous father,” Bonds told the grand jury, referring to his father, Bobby Bonds, a three-time All-Star who played for eight teams including the Giants and the New York Yankees. “I just don’t get into other people’s business because of my father’s situation, you see.”
At the Aug. 25 hearing, Assistant U.S. Attorney Merry Jean Chan argued that Bonds could have answered yes or no, “but instead went on this exploration of his relationship with Greg Anderson” and engaged in “rambling that the jury found was given to evade.”
Bonds’s eventual answer of “no” to the question was untruthful “in light of all the evidence at trial” including testimony from his former personal shopper who said she saw Bonds receiving an injection from Anderson, Chan said.
The case is U.S. v. Bonds, 07-00732, U.S. District Court, Northern District of California (San Francisco).”
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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List 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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Posted by McNabb Associates, P.C.
