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.


Ahmed Alabadi Arrested on an Indictment Alleging Bank Fraud, Attempted Bank Fraud, and Money Laundering

February 7, 2012

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

“Defendant Charged with Investor Fraud Who Fled to Middle East is Arrested

AHMED ALABADI, a 44-year-old citizen of Iraq and former resident of Dearborn, was arrested at Detroit Metropolitan Wayne County Airport on the evening of Friday February 3, 2012, announced United States Attorney Barbara McQuade. Alabadi was arrested on an indictment for bank fraud, attempted bank fraud, and money laundering. McQuade was joined in the announcement by Special Agent Andrew G. Arena, Federal Bureau of Investigation and Brian Moskowitz, Special Agent in Charge, U.S. Immigration and Customs Enforcement, Office of Homeland Security Investigations in Detroit.

The indictment alleges that Alabadi solicited investments from individuals, many of Iraqi descent, by promising that the funds would be used in various rebuilding projects in Iraq. Alabadi promised large returns for the investments. In reality, however, Alabadi did not use the investors’ money for such projects. Instead, he operated a Ponzi scheme by using money from subsequent investors to pay earlier investors. Alabadi fled to the Middle East as investors began discovering the fraud.

An indictment is only a charge and is not evidence of guilt. It will be the government’s burden to prove guilt beyond a reasonable doubt.

The case is being prosecuted by Assistant United States Attorney Louis P. Gabel.

If any individual believes that he or she was a victim of Alabadi’s fraud they should contact Special Agent Philip Reed of the FBI at (313) 965-2323.”

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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.


Gupta Faces New Charges in Insider Trading Case

February 1, 2012

The New York Times on January 31, 2012 released the following:

“BY PETER LATTMAN

Federal prosecutors expanded their case against Rajat K. Gupta on Tuesday, filing a new indictment that broadens what they claim was an insider trading conspiracy between the former director of Goldman Sachs and Raj Rajaratnam.

In a new charge, the government contends that Mr. Gupta called in to a Goldman board meeting in March 2007 from Mr. Rajaratnam’s offices at the Galleon Group hedge fund. Minutes after the call, he leaked secret information about the bank to Mr. Rajaratnam, the government says.

Gary P. Naftalis, a lawyer for Mr. Gupta, denied the new accusations, saying, “As we have stated from the onset, the government’s allegations are totally baseless.”

Last October, the government charged Mr. Gupta with leaking to Mr. Rajaratnam boardroom secrets about Goldman and Procter & Gamble, where he also served as a director. It was a stunning blow to Mr. Gupta, who as the former global head of the consulting firm McKinsey & Company was one of the world’s most respected businessmen.

His trial is set for April 9 before Judge Jed S. Rakoff in Federal District Court in Manhattan. Mr. Rajaratnam, who was convicted by a jury last May of leading a huge insider trading ring, is serving an 11-year prison term.

The new charges seem to counter one of Mr. Gupta’s main lines of defense. At pretrial hearings, Mr. Gupta’s lawyers have said that the relationship between Mr. Gupta and Mr. Rajaratnam, once close friends and business associates, had soured by 2008, which is when the government said that Mr. Gupta leaked corporate secrets to Mr. Rajaratnam. The lawyers attribute the falling out to a $10 million loss on an investment with Mr. Rajaratnam.

By stretching the conspiracy back to 2007, when the markets were still soaring and Galleon’s investments were performing well, the government appears to be countering the defense that Mr. Rajaratnam had fallen out of Mr. Gupta’s good graces.

In addition, the accusation that Mr. Gupta participated in a Goldman board call from Galleon’s offices suggests a coziness between the two men that Mr. Gupta’s lawyers have sought to debunk.

The additional charges against Mr. Gupta involve both Goldman and Procter & Gamble.

In one new count, prosecutors assert that Mr. Gupta, then a Goldman director, participated in a telephone meeting of the board’s audit committee in March 2007 from Galleon. Mr. Gupta heard a preview of Goldman’s earnings, which were strong and set for release the next morning, the government contends. About 25 minutes after the call, Galleon bought at least $70 million worth of Goldman shares, allowing the fund to profit when the bank’s shares rose the next morning.

In the other added charge, the government asserts that Mr. Gupta called Mr. Rajaratnam from Switzerland after participating in a Procter & Gamble board call and leaked information about the company’s coming earnings release.

Separately, Richard J. Holwell, the federal judge who presided over the trial of Mr. Rajaratnam, is retiring from the bench, according to two people with direct knowledge of the matter who requested anonymity because they were unauthorized to discuss it.

The timing of Judge Holwell’s retirement is unclear, but he is expected to return to private practice. He was a partner at the law firm White & Case before becoming a judge in 2003.

Judge Holwell did not respond to a request for comment.”

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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.


Seven Members, Associates, and Leaders of Folk Nation Gang Indicted for Alleged Racketeering and Murder

February 1, 2012

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

Additional Charges Include Robbery, Assault, Illegal Use of Firearms, and Related Crimes

A superseding indictment was unsealed in federal court in Brooklyn this morning charging seven members, associates, and leaders of the violent Brooklyn street gang “Six Tre Outlaw Gangsta Disciples Folk Nation,” also known as the “Folk Nation.” The 16-count indictment charges the defendants with violent crimes including racketeering, murder in-aid-of racketeering, murder conspiracy, attempted murder, robbery, assault, and illegal use of firearms.[1] Two defendants will be arraigned later today before United States Magistrate Judge Marilyn D. Go at the federal courthouse in Brooklyn. The defendants face sentences up to life imprisonment if convicted.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York; Janice K. Fedarcyk, Assistant Director in Charge, Federal Bureau of Investigation, New York Field Office; and Raymond W. Kelly, Commissioner, New York City Police Department. As detailed in the indictment and other court filings submitted by the government, a two-year joint investigation by the FBI and the NYPD revealed that since 2008, a violent set of the Folk Nation gang committed numerous crimes of violence including four murders, three attempted murders, two assaults, and six robberies. The gang was based in the Ebbets Field Houses, a New York City public housing community, although its criminal activities extended into the Tri-State area.

The gang is alleged to have used extreme and indiscriminate violence to further its objectives. The defendants’ victims include a 10-year-old girl, who was severely injured when she was shot in the neck by gang members while they were attempting to murder a rival. The gang is alleged to have committed four murders, in an effort to assert its power over the neighborhoods in which it operated. On at least two occasions, gang members missed their intended targets and hit innocent bystanders—after one murder at a teenager’s birthday party in an Ebbets Field apartment, gang members acknowledged that they had killed the wrong person.

In order to fund its illegal activities, members of the gang allegedly committed violent robberies of individuals and commercial establishments. Members of the gang are alleged to have robbed the Lee Perla jewelry store at the Riverside Square Mall in Hackensack, New Jersey, making off with hundreds of thousands of dollars worth of luxury watches. According to the indictment, the gang also targeted individual robbery victims, whom they lured to secluded areas in Brooklyn, via Internet advertisements on Craigslist, and then robbed at gunpoint. According to a detention memorandum filed by the government, the charged murders and other acts of violence took place on public streets, in front of personal residences, and even on a playground, in Brooklyn neighborhoods.

The charges announced today are the latest in a series of federal indictments in this district charging members of violent street gangs with racketeering crimes.

“Motivated by greed, the Folk Nation employed indiscriminate violence to destroy the lives of their perceived enemies. But their violence spread beyond the gang world into the streets and playgrounds of Brooklyn, and innocent bystanders, including a child, were caught in the crossfire. Terrorizing a community, this gang claimed its turf by force and robbed from businesses and individuals alike leaving a trail of victims in its wake,” stated United States Attorney Lynch. “We are steadfast in our commitment to dismantling street gangs that put at risk the members of our community, and the seriousness of today’s charges reflect that commitment.”

“The reason the FBI places such a high priority on gang investigations is the extreme violence gangs so often commit. Here, as charged in the indictment, the defendants’ ruthlessness was matched by their recklessness. They allegedly showed no apparent concern for bystanders, and bystanders were seriously hurt as a consequence,” said Assistant Director in Charge Fedarcyk.

NYPD Commissioner Kelly stated, “Through a variety of partnerships, including clergy, the Brooklyn District Attorney, and in this case United States Attorney Loretta Lynch, the police department is suppressing crime in Brooklyn to the point where last year for the first time since 1963 murder in the Borough fell below 200. As charged in the indictment, members of the Folk Nation have been responsible for multiple murders and shootings, and their apprehension and prosecution should have a continued salutary effect for the residents in and around the Ebbets Field Houses.”

The government’s case is being prosecuted by Assistant United States Attorneys Zainab Ahmad and Seth DuCharme.

The Defendants:

YASSA ASHBURN, also known as “Indio,” “Swirls,” and “Swerve”
Age: 28

HAILE CUMMINGS, also known as “Ruger” and “Rugah”
Age: 20

GERALDO ELAINOR, also known as “Gunny” and “Geraldo Casimir”
Age: 21

DANIEL HARRISON, also known as “Bones,”
Age: 24

RICKY HOLLENQUEST, also known as “Dancer”
Age: 20

JAMAL LAURENT, also known as “Tails” and “Gunner”
Age: 22

TREVELLE MERRITT, also known as “Tiger”
Age: 19

[1] The charges contained in the superseding indictment are merely allegations, and the defendants are 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

————————————————————–

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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


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

January 30, 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

The Defendants:

VINCENT BADALAMENTI Age: 53

VITO BALSAMO Age: 55

ANTHONY CALABRESE Age: 44

ANTHONY GRAZIANO Age: 71

JAMES LAFORTE Age: 35

NICHOLAS SANTORA Age: 69

[1] The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.”

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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.


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.


Megaupload founder faces lengthy extradition battle

January 25, 2012

Thomson Reuters on January 25, 2012 released the following:

Reporting by Gyles Beckford and Rebecca Hamilton

“Jan 25 (Reuters) – Efforts by the United States to extradite the mastermind of an alleged Internet piracy scheme from New Zealand to face copyright infringement and money laundering charges are likely to be long and complex.

Kim Dotcom, a German national also known as Kim Schmitz, will be held in custody in New Zealand until Feb. 22 ahead of a hearing of a U.S. extradition application.

U.S. authorities claim Dotcom’s file-sharing site, Megaupload.com, has netted $175 million since 2005 by copying and distributing music, movies and other copyrighted content without authorization. Dotcom’s lawyers say the company simply offered online storage and that he will fight extradition.

“It could take some considerable time to get through the whole thing,” said senior New Zealand lawyer Grant Illingworth, adding there were rights of appeal and procedural review to both sides.

Dotcom, 38, and three others, were arrested on Friday after a police raid at his rented country estate, reputedly New Zealand’s most expensive home, at the request of the U.S. Federal Bureau of Investigation.

Under New Zealand’s extradition law the prosecution must show there is enough evidence that would substantiate charges against Dotcom and the others accused of breaching local copyright laws.

“What the judge has to do is decide whether there is a prima facie case that would justify the person being put on trial if the offence had occurred in New Zealand,” Illingworth said.

“If the evidence doesn’t make out, what under New Zealand law amounts to a prima facie case, then the person walks away.”

A 1970 extradition treaty between the United States and New Zealand gives the U.S. 45 days from the time of Dotcom’s arrest to request extradition. The New Zealand Extradition Act, passed in 1999, gives the United States preferential status to access a streamlined process for making its request.

The judge who refused Dotcom bail said he could not assess whether the United States had a strong enough case against Dotcom, nor whether he had a good defense.

“All I can say is that there appears to be an arguable defense, at least in respect of the breach of copyright charges,” Judge David McNaughton wrote in his judgement.

CIVIL MATTER

Copyright infringement and illegal file sharing are normally civil matters in New Zealand, but there is a provision for criminal charges and a maximum 5-year jail term for serious breaches.

Rick Shea, a partner at Lowndes Jordan in Auckland, said there were some differences between New Zealand and U.S. copyright law, in terms of knowledge, that could be an issue.

Douglas McNabb, a U.S. lawyer who specializes in extradition defense, said extraditions to the United States have to meet probable cause – the same standard that is required for making arrests in the United States.

Although the extradition hearing is not a test of guilt or innocence, McNabb said Dotcom’s lawyers may argue they should be allowed a limited discovery process to show that probable cause has not been met.

Prime Minister John Key said the issues raised were serious and New Zealand would co-operate with the U.S. authorities.

“This is the largest, most significant case in Internet piracy so New Zealand is certainly going to work with the United States authorities to allow them to extradite Kim Dotcom,” he said on TV3.

According to Shea, New Zealand has never had an extradition proceeding involving copyright law. “I wouldn’t expect this to be sorted out quickly,” he said.

AGGRESSIVE CHARGES

Anthony Falzone, Director for Copyright and Fair Use at Stanford Law School’s Center for Internet and Society, said it was too early to comment on the strength of the case, but questioned whether some of the allegations in the indictment would actually push Megaupload outside the safe harbor provisions of the Digital Millennium Copyright Act.

The indictment “pushes some pretty aggressive theories”, Falzone said.

The most recent Supreme Court case to deal with similar issues was in 2005. In MGM v. Grokster, the U.S. court highlighted the importance of intent in determining if an Internet firm was liable for its users infringing copyright.

“A lot of the Megaupload case may also rise and fall on the question of intent,” said Falzone.

With MGM, the court found the intent of the Internet company from the beginning was to build a tool to facilitate illegal sharing.

“Maybe that’s what the Feds (FBI) think they have here, too,” said Falzone.

The case is USA v. Kim DotCom et al, U.S. District Court, Eastern District of Virginia, no. 1:12CR3.”

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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.


Chesapeake Men Indicted for Alleged Foreclosure Rescue Scheme

January 20, 2012

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

“NORFOLK, VA— Philip Villasis, age 41, and Ray D. Gata, age 56, both of Chesapeake, Va., were indicted by a Norfolk federal grand jury on nine charges including conspiracy to commit wire fraud, wire fraud, and money laundering.

Neil H. MacBride, United States Attorney for the Eastern District of Virginia, and Dean Bryant, Acting Special Agent in Charge, Federal Bureau of Investigation made the announcement after the indictment. If convicted, Villasis faces a maximum penalty 150 years’ imprisonment and Gata faces 90 years’ imprisonment.

According to the indictment, from November 2006 until February 2011, Villasis and Gata engaged in a foreclosure rescue scheme that defrauded homeowners and mortgage lenders. Villasis promised homeowners that he could save them from foreclosure by arranging a sale of their homes to Gata and other straw borrowers. To further entice the homeowners, Villasis promised that they could remain in their homes after the sale, pay rent, and he would resell the homes back to them once they were more financially secure. Villasis and Gata profited from this scheme by taking all of the proceeds from the home sales. To complete the scheme, Villasis and Gata executed false closing documents that showed the proceeds of the sale going back to the homeowners when, in fact, the proceeds were going to Villasis, Gata and the other straw borrowers. The homeowners received nothing from the sale of their homes while Villasis, Gata and others received in excess of $170,000. In almost every case, Villasis required the homeowners to pay more in rent to cover a larger mortgage, and he ultimately evicted these homeowners from their homes.

This case was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Melissa E. O’Boyle is prosecuting the case on behalf of the United States. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless 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.


Vladimir Zdorovenin and Kirill Zdorovenin Face Federal Criminal Charges of Conspiracy, Mail Fraud, Wire Fraud, Computer Fraud, Aggravated Identity Theft, and Securities Fraud After Being Extradited to the US

January 17, 2012

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

“Manhattan U.S. Attorney and FBI Assistant Director in Charge Announce Extradition of Russian Citizen to Face Charges for International Cyber Crimes

Nine-Count Indictment Charges Defendants with Stealing Personal and Financial Information and Stock Market Manipulation

Preet Bharara, the United States Attorney for the Southern District of New York, and Janice K. Fedarcyk, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced today the unsealing of a nine-count indictment charging VLADIMIR ZDOROVENIN and his son, KIRILL ZDOROVENIN, two Russian citizens, with conspiracy, mail fraud, wire fraud, computer fraud, aggravated identity theft, and securities fraud. They were indicted under seal in May 2007. VLADIMIR ZDOROVENIN was apprehended on March 27, 2011, in Zurich, Switzerland, and arrived in New York yesterday following his extradition by Swiss authorities. He will be presented and arraigned before U.S. Magistrate Judge Gabriel W. Gorenstein in Manhattan federal court later today. KIRILL ZDOROVENIN remains at large.

Manhattan U.S. Attorney Preet Bharara said: “Cyber crime is a pandemic that makes geography meaningless. From far away, with the click of a mouse, the cyber criminal can victimize millions of people in the U.S. As alleged, Vladimir Zdorovenin and his son did exactly that; they engaged in serial cyber crimes in Russia that targeted Americans and wrought havoc with their personal and financial information, using it to make phony purchases and to manipulate stock prices. As the unsealing of today’s Indictment demonstrates, we will reach out across the globe, and wait as long as it takes to bring cyber criminals to justice.”

FBI Assistant Director in Charge Janice K. Fedarcyk stated: “Mr. Zdorovenin’s egregious behavior illustrated the true colors of the cyber underground, as he and his son allegedly defrauded consumers of hundreds of thousands of dollars using methods that included compromised credit cards, all fronted through fictitious companies they had created. In addition, Zdorovenin allegedly installed malware to access victims’ brokerage accounts, trading victims’ securities and manipulating the price of stocks Zdorovenin already owned. This should serve as a stark reminder to anyone who believes he can commit cyber crime and hide behind the safety and anonymity of a Russian IP address; you are not beyond the reach of the FBI.”

According to the indictment unsealed today in Manhattan federal court:

At various times between 2004 and 2005, VLADIMIR ZDOROVENIN and his son KIRILL ZDOROVENIN allegedly engaged in a series of crimes in Russia that victimized citizens of the United States through the use of stolen credit card information, multiple phony websites, and bank accounts in Russia and Latvia. Specifically, the indictment alleges that the ZDOROVENINs stole victims’ personal identification information, including credit card numbers, through the use of computer programs that were surreptitiously installed on victims’ computers and that recorded the information as it was entered. The ZDOROVENINs also allegedly purchased stolen credit card numbers from other individuals, and used the stolen credit card information to make what appeared to be legitimate purchases of goods from various Internet businesses that they ran. However, as alleged, the purchases were fraudulent and were used as a means of deceiving banks, credit card service processors, credit card holders, and others, thereby enabling the ZDOROVENINS to steal the money they directed to their websites.

Additionally, as alleged in the indictment, the ZDOROVENINs, used the Internet to unlawfully access the financial services accounts of victims located in the United States and then transferred or attempted to transfer hundreds of thousands of dollars from those accounts to bank accounts under the ZDOROVENINs’ control. Finally, the Indictment charges that after taking over victims’ online brokerage accounts, the ZDOROVENINs bought and sold thousands of shares of certain companies’ stock in an effort to manipulate the prices of those stocks. The ZDOROVENINs allegedly realized profits through this scheme by simultaneously purchasing or selling shares of the same stocks through their own online brokerage account, maintained in the name of Rim Investment Management, Ltd.

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VLADIMIR ZDOROVENIN, 54, of Moscow, Russia, faces a maximum sentence of 142 years in prison in connection with the charges in the indictment. The case has been assigned to U.S. District Judge Paul G. Gardephe.

Mr. Bharara praised the outstanding investigative work of the FBI. He also thanked the Office of International Affairs in the U.S. Department of Justice’s Criminal Division for its assistance with the extradition.

This case is being handled by the Office’s Complex Frauds Unit. Assistant U.S. Attorneys James J. Pastore, Jr. and Thomas G.A. Brown are in charge of the prosecution.

The charge and allegations contained in the Indictment are merely accusations, and the defendants are 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 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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