May 15, 2013
American Civil Liberties Union (ACLU) on May 15, 2013 released the following:
“By Chris Soghoian, Principal Technologist and Senior Policy Analyst, ACLU Speech, Privacy and Technology Project at 11:27am
A federal magistrate judge in New York recently ruled that cell phone location data deserves no protection under the Fourth Amendment and that accordingly, the government can engage in real-time location surveillance without a search warrant. In an opinion straight from the Twilight Zone, magistrate judge Gary Brown ruled two weeks ago that “cell phone users who fail to turn off their cell phones do not exhibit an expectation of privacy.”
The case in question involved a physician who the DEA believed had issued thousands of prescriptions for pain killers in exchange for cash. In March of this year, the DEA had obtained a warrant for his arrest, and, not knowing where he was, sought an order from magistrate judge Brown forcing the phone company to provide real-time data identifying the location of the physician’s phone.
Although the DEA agents requested a search warrant and the judge found that there was probable cause to believe that the cell phone location data would assist in the location and apprehension of an individual for whom there was already a valid arrest warrant, the judge later published a 30-page opinion further stating that he didn’t think the government needed to seek a search warrant in the first place.
Don’t Want the Government Tracking You? Turn Your Phone Off
In his puzzling opinion, the judge squarely criticizes people naive enough to expect privacy while also leaving their cell phones on when they’re not using them.
“Given the ubiquity and celebrity of geolocation technologies, an individual has no legitimate expectation of privacy in the prospective location of a cellular telephone where that individual has failed to protect his privacy by taking the simple expedient of powering it off.
…
As to control by the user, all of the known tracking technologies may be defeated by merely turning off the phone. Indeed—excluding apathy or inattention—the only reason that users leave cell phones turned on is so that the device can be located to receive calls. Conversely, individuals who do not want to be disturbed by unwanted telephone calls at a particular time or place simply turn their phones off, knowing that they cannot be located.”
The Catch-22 here is that the only people who the judge believes would have any reasonable expectation of privacy are those whose phones are turned off (and thus, not generating any location data that the government could access, even with a warrant). And it ignores the necessity of keeping your cell phone turned on for communicating with family or for work.
That consumers are dumb enough to willingly share their location using the “Girls Around Me” app (which the judge specifically calls out by name, although the wrong one), only further justifies covert, warrantless government surveillance:
“Given the notoriety surrounding the disclosure of geolocation data to retailers purveying soap powder and blue jeans to mall shoppers, the police searching for David Pogue’s iPhone and, most alarmingly, the creators and users of the Girls Around You app, cell phone users cannot realistically entertain the notion that such information would (or should) be withheld from federal law enforcement agents searching for a fugitive.”
This is, in a word, ridiculous. There is a big difference between location information you knowingly share with a select group of friends (or, in fact, the world) and information collected about you without your knowledge or consent. Someone might be happy to share their location with a few friends by “checking in” using Foursquare while at a music festival, but not want law enforcement to access that same information. And, they would still reasonably expect that their location a week later while at an Alcoholics Anonymous meeting or abortion clinic should remain private. Sharing location data isn’t and shouldn’t be all or nothing.
We are also baffled by the judge’s willingness to tie a reasonable expectation of privacy to the use of a cell phone power button. We’re not sure if the judge has watched the Onion’s spoof news video describing a fictional “Google Opt Out Village” for people who don’t want to be tracked by the advertising company, but the logic in his opinion is consistent with the absurdity of that spoof. If you don’t want Google to track you, stop using all modern technology and move to a remote village. If you don’t want the government to covertly track your phone, turn it off and leave it off. What could be simpler, right?”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
March 21, 2013
The Washington Post on March 21, 2013 released the following:
“By Associated Press,
WASHINGTON — The FBI has searched the apartment of former Reagan administration national security adviser Robert McFarlane for evidence of whether he lobbied on behalf of the government of Sudan in violation of federal law.
A search warrant on file in U.S. District Court in Washington shows agents seized items this month including handwritten notes about Sudan and White House documents with classification markings up to Top Secret.
It is against the law for Americans to do business with Sudan because of its alleged support for international terrorism and human rights violations, among other things. Sudan’s president, Omar al-Bashir, has been charged by the International Criminal Court with genocide and other crimes during the deadly conflict in Sudan’s western Darfur region.
In an accompanying affidavit, FBI agent Grayden R. Ridd cited a host of emails between McFarlane and Sudanese government officials obtained prior to the search.
“I believe that these emails are evidence that McFarlane was entering into an agreement with the government of Sudan to lobby the U.S. government officials on behalf of Sudan and to provide it advice during negotiations with the United States,” Ridd wrote. He said he believed the emails are also evidence of an attempt by McFarlane and a Sudanese government official “to hide McFarlane’s relationship with Sudan by construing the agreement to make it appear that his contractual relationship was with Qatar, when in fact it was not.”
The affidavit said that the FBI investigation has established that in February 2009, McFarlane entered into a one-year agreement with the government of Sudan to act as its consultant and to lobby the U.S. government on its behalf.
Ridd wrote that the source of the emails to McFarlane appeared to be someone from the Sudanese intelligence service.
The affidavit is listed as “under seal” but is viewable online.
The FBI is also investigating whether McFarlane violated a law that requires anyone working as a foreign agent of another country to disclose that to the Foreign Agent Registration Act Unit of the Justice Department.
The investigation into McFarlane was first reported by The Washington Post.
McFarlane has not been charged with a crime. The case is being handled by the U.S. attorney’s office for the Eastern District of Virginia. A spokesman for the office, Peter Carr, said McFarlane is cooperating with the ongoing investigation and, through his counsel, has asserted his innocence.
McFarlane’s lawyer, Barry Levine, did not immediately return telephone and email messages Thursday. Levine told The Post that McFarlane didn’t violate any laws.
“He has devoted his entire adult life to the interests of this country, and he cares deeply about the people of Darfur,” Levine told the newspaper.”
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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.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: affidavit, Douglas C McNabb, Douglas McNabb, Eastern District of Virginia, fbi, FBI Investigation, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, Federal Law, federal lawyer, federal lawyers, Foreign Agent Registration Act Unit, genocide, human rights violations, ICC, International Criminal Court, international lawyer, international terrorism, McNabb Associates, Omar al-Bashir, Robert McFarlane, search warrant, transnational criminal defense, U.S. District Court in Washington | Permalink
Posted by McNabb Associates, P.C.
October 22, 2012
RT on October 22, 2012 released the following:
“Two anarchists remain locked up as prosecutors attempt to coerce the testimonies they’ve been subpoenaed to give about acts of vandalism in the Pacific Northwest. In the meantime, though, the FBI has accidentally blown the cover off its own case.
Ever since Leah Plante, Katherine “KteeO” Olejnik and Matt Duran were asked to testify before a federal grand jury earlier this year, all three self-identified anarchists have been adamant about remaining silent. For refusing to speak, federal prosecutors have since put the trio of twenty-something activists behind bars over contempt of court charges, with Plante being awarded her freedom only in recent days. As her colleagues continue their imprisonment, though — where they could remain for the entirety of the 18-month investigation — the FBI has failed to provide to the press or public alike any information as to why they’ve targeted the known activists or what role they could play in unraveling a greater conspiracy.
On Thursday, legal documents intended to be cloaked indefinitely were accidently unsealed in US District Court in Seattle for a moment, finally offering a small bit of insight as to why the FBI has been targeting adherents to a specific ideology and intensifying what some have equated to a politically-motivated witch-hunt aimed at anarchists.
The Seattle Times reports that an affidavit dated October 3 was momentarily made available during last week’s court proceedings, revealing to those in attendance that the investigation into Plante and her peers dates back to earlier this year when the FBI first began spying on a group of suspected anarchists they believed were conspiring to commit acts of violence and destruction.
Beginning as early as April 9, the FBI was conducted surveillance on alleged anarchists from Portland whom soon after planned to travel to Seattle to participate in the city’s May 1, 2012 day of action activities held in coordination with other locales across the country. The feds followed a group of six suspects across state lines from Portland, Oregon into Olympia, Washington in the days before the May Day activities and drafted an indictment that could eventually lead them to charge the group with conspiracy, destruction of government property and interstate travel with intent to riot, according to the 34-page document viewed by the Times. So far, though, none of the six suspects have been formally charged with any crimes.
“Although many anarchists are law abiding, there is a history in the Pacific Northwest of some anarchists participating in property destruction and other criminal activity in support of their philosophy,” the affidavit reads, according to the newspaper.
That’s where the Pacific Northwest Three fit in: investigators had hoped that by subpoenaing Plante, Olejnik and Duran to testify, they’d learn more about anarchists in the region who may have been vocal about any attempts to wreak havoc during the May Day protests.
According to the search warrant unsealed this week, the government claims that tens of thousands of dollars in damages resulted from the May 1 actions in Seattle, largely due to attacks on the William Kenzo Nakamura U.S. Courthouse and a few private businesses in the vicinity. Video footage obtained from the scene has been endlessly analyzed by FBI detectives who have in the weeks and months since tried to build a case to file charges against the suspects, none of whom are reported to include the three persons asked to testify. That investigation has led to filing not just subpoenas against the Pacific Northwest Three, but executing no fewer than five search warrants in July that aimed to recover cell phones, computers, clothing and literature from Plante, her peers and others believed to be in cahoots with any local anarchists.
In addition to being met with silence from the Northwest Three, the trove of “evidence” uncovered by the authorities has so far left them unable to release an indictment targeting their suspects. Instead, they have been left with cell phones that, according to the unsealed affidavit, contain text messages describing the May Day protest as “awesome” but nothing more remotely noteworthy, or at least not enough to file charges.
While Plante has since been freed from prison where she was held in solitary confinement for refusing to comply with the grand jury, both Olejnik and Duran remain behind bars as investigators wait to see if they’ll be willing to speak.
“What (prosecutors) decided to do is choose people and punish them for their association,” Jenn Kaplan, an attorney for Olejnik, tells the Seattle Times. To the paper, a counsel for Olejnik adds that the grand jury investigation specifically sought answers from the anarchist about someone she knows.
Before being imprisoned and released, Plante said that a Freedom of Information Act request she filed revealed that the grand jury was first convened in March, two months before the vandalism she is being questioned about even occurred. Before being held in contempt of court, Plante wrote, “The government wants to use [grand juries] to collect information that it can use in a campaign of repression. I refuse to have any part of it, I will never answer their questions, I will never speak.”
An attorney for Duran adds that while their client isn’t being suspected or accused of the May 1 vandalism in Seattle, the associations that exist within the community are enough to keep him under the FBI’s radar. The intended result, many fear, is a chilling effect on a community of likeminded individuals that could soon enshroud other groups of activists and outspoken youths.
“One of our concerns was they were really targeting him because they perceived him to be associated with the anarchist community,” Gordon says. “It’s kind of a fishing expedition.”"
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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 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.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: anarchist, anarchists, Douglas C McNabb, Douglas McNabb, fbi, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal grand jury, federal indictment, federal lawyer, federal lawyers, federal prosecutors, federal search warrant, FOIA, Freedom of Information Act, indictment, international lawyer, Katherine “KteeO” Olejnik, Katherine Olejnik, Leah Plante, Matt Duran, McNabb Associates, search warrant, Seattle Federal Court, transnational criminal defense, U.S. District Court in Seattle, US District Court in Seattle | Permalink
Posted by McNabb Associates, P.C.
July 9, 2012
Bloomberg Business Week on July 9, 2012 released the following:
“By Joe Schneider
The brother of the alleged leader of a Mexican cocaine-trafficking cartel used Bank of America Corp. (BAC) accounts to invest the organization’s drug proceeds in U.S. racehorses, a FBI agent said.
Jose Trevino-Morales, one of 14 people indicted by a federal grand jury in Texas on June 12, used a personal account and a business account under the name of Tremor Enterprises LLC to buy and sell horses using money generated from cocaine trafficking, extortion and bribery, Jason Preece, a special agent with the Federal Bureau of Investigation, said in a June 11 sworn statement filed in federal court in Dallas.
“The ultimate goal of this money laundering operation was to provide Jose Trevino with apparent legitimate assets purchased and maintained by illegally obtained money,” Preece said. Bank of America isn’t accused of any wrongdoing in the agent’s statement.
Details of the transactions were revealed in a probe of the Los Zetas drug cartel, which according to the filing, funnels thousands of kilograms of cocaine into the U.S. each year. Los Zetas is the biggest drug cartel in Mexico, in geographical presence, and controls 11 states in the country, generating millions of dollars of revenue, Preece said in the statement filed in a bid to gain a search warrant for Trevino’s property.
Strong Procedures
“We have strong anti-money-laundering procedures and work closely with the authorities when suspicious activity is discovered,” Larry Di Rita, a spokesman at Charlotte, North Carolina-based Bank of America, said in a phone interview today.
The bank doesn’t comment on any specific legal and customer cases, he said.
Preece filed the statement to support his request for court permission to search Trevino’s property in Balch Springs, Texas, a Dallas suburb, where he said investigators were likely to find horse ownership records, bank statements and cellular phones used to communicate with Los Zetas.
Trevino, who earned $29,000 in 2009 from Texas Stone and Tile LLC, had expenses of $200,000 a month the following year to support his horses, according to an FBI informant who isn’t named in the filing. The drug cartel had bought at least $4.2 million worth of quarter horses, which are used in short- distance races, over a four-year period, according to the indictment.
The two most well-known horses Trevino had were Tempting Dash and Mr. Piloto, according to the filing.
Mr. Piloto won the All American Futurity race in 2010 at Ruidoso Downs Race Track, with Tremor Enterprises’ bank account being credited with $968,440 as a result, Preece said.
Miguel Angel Trevino Morales, 38, leader of the Los Zetas drug cartel, and his brother Oscar Omar Trevino Morales were also indicted by the grand jury.
The defendants are charged in the May 30 indictment with conspiracy to launder monetary instruments. The crime carries a maximum penalty of 20 years in prison.
The criminal case is U.S. v. Morales, A-12-cr-210-SS, U.S. District Court, Western District of Texas (San Antonio). The application and affidavit for search warrant is 3:12-mj-255, U.S. District Court, Northern District of Texas (Dallas.)”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
June 15, 2012
The Sydney Morning Herald on June 15, 2012 released the following:
“AAP
Lawyers for the US government say attempts to have internet piracy charges against Megaupload founder Kim Dotcom thrown out are a waste of time.
German-born Dotcom, who the United States wants to extradite from New Zealand to face piracy charges, is arguing in a US court that the US has no jurisdiction over the Hong Kong-based cloud storage service.
But the US Attorney’s office argues that defence is a waste of time and resources, CNET reports.
It says some of Megaupload’s lawyers have conflicts of interest – representing in the past some of the witnesses and victims, including Google, Disney, Time Warner and Paramount Pictures.
Neil MacBride, US Attorney for Eastern District of Virginia, compared Megaupload’s request that more of the company’s money be returned to “returning money to a bank robber”.
Hollywood film studios say that Megaupload enabled millions of people around the world to store pirated movies and TV shows in the company’s digital lockers.
Meanwhile, a New Zealand high court judge has effectively halted a previous court decision to allow Dotcom and his three co-accused access to some of the information that will be used against them in an extradition hearing scheduled for August.
An urgent two-day judicial review has been ordered, although a date is yet to be set.
In the meantime US government lawyers must prepare the information so it can be handed over if the review rules in favour of the Megaupload group.
When New Zealand police raided Dotcom’s mansion north of Auckland earlier this year at the request of the US, FBI agents seized a massive 150 terabytes of data.
Dotcom is also waiting on a decision on a High Court judicial review seeking the return of 135 computer and data storage devices, challenging the legality of the search warrants used to seize them.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
June 13, 2012
Fox13Now.com on June 12, 2012 released the following:
“by Ben Winslow
WEST VALLEY CITY, Utah — Federal agents swarmed a call center here and questioned employees as part of an ongoing probe into a Midvale law firm’s mortgage modification business.
The U.S. Attorney’s Office for Utah confirmed to FOX 13 an investigation was under way into CC Brown Law, which advertised itself online as helping people with debt problems. The U.S. Attorney’s Office said the business operated under “Sentry Legal,” “WT Lee” and “JL Martin,” among other names.
FOX 13 was there as agents blocked off the exits to the building and escorted employees, one by one, into a command post to be questioned. FBI agents at the scene in West Valley City refused to comment.
In a statement, the U.S. Attorney’s Office for Utah said the search warrants served were sealed and no criminal charges have been filed. However, the office put out a plea for people who have been using the firm’s services to come forward and speak with the FBI.
“Individuals who have been working with the business on a mortgage modification, who would like information, can contact a toll free number established by the FBI at 1-877-236-8947 (press option 2). The toll-free number will be activated this evening,” the statement said.
“A recorded message will advise individuals that they can submit contact information and copies of any documents to the FBI by mailing them to the FBI Salt Lake City Division, attention CC Brown Investigation. The FBI’s address is 257 East 200 South, Suite 1200, Salt Lake City, UT 84111.”
“Individuals can also submit information about the company’s business practices to the FBI by e-mail at saltlakecity@ic.fbi.gov,” the statement said.
Attempts to reach CC Brown Law representatives for comment at its Fort Union offices on Tuesday afternoon were unsuccessful. A man who was seen being led into the FBI’s mobile command post refused to comment to FOX 13 as he walked to his car.
“I can’t say anything, man,” he said as he got into the vehicle.
In a statement sent to FOX 13 on Tuesday night, Sentry Legal disassociated itself with CC Brown Law Firm.
“While Sentry Legal is contracted to provide legal support services to the Law Offices of C. C. Brown, we are not, nor have we ever been, a subsidiary, principal or operated under the name of C.C. Brown,” the statement said. “Sentry Legal is a separate company from the Law Offices of C. C. Brown. Sentry Legal has not been “raided” by the FBI, in fact, upon hearing of the C.C. Brown news, Sentry Legal has contacted the FBI and U.S. Attorney’s Office to cooperate as needed.”
Online, CC Brown Law had numerous websites that appeared to no longer be in service. One listed testimonials, including one that proclaimed the firm “specialized in helping people in getting loan modifications for the last few years. Several people have been helped from the CC Brown Law services and they are looking to help many more.”
But also online were numerous websites and even a Facebook group blasting the firm for its customer service and claiming it is a scam.
The Utah Division of Real Estate said it has taken action against the company in 2010. The company was fined $5,000 for advertising loan modification services without a mortgage license, state officials said.
The state of Maryland issued a cease and desist order against CC Brown Law in 2011.
Judy Driggs, the president of the Better Business Bureau of Utah said her office had fielded 55 complaints against CC Brown Law, with people claiming they had given money to the firm to work with lenders. Those people, she said, had lost anywhere from $1,000 to $4,000 without hearing back from the firm.”
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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.
Leave a Comment » | Federal Attorney, Federal Crime, Federal Crimes, Federal Criminal Attorney, Federal Criminal Defense, Federal Criminal Defense Attorneys - McNabb Associates, Federal Criminal Lawyer, Federal Lawyer | Tagged: CC Brown Law, CC Brown Law Firm, Douglas C McNabb, Douglas McNabb, fbi, federal agent, Federal Agents, federal attorney, federal attorneys, federal criminal attorney, federal criminal attorneys, federal criminal defense attorney, federal criminal defense attorneys, federal criminal defense lawyer, federal criminal defense lawyers, federal criminal lawyer, federal criminal lawyers, federal lawyer, federal lawyers, international lawyer, JL Martin, Law Offices of C. C. Brown, McNabb Associates, mortgage modification, mortgage modification business, search warrant, search warrants, Sentry Legal, transnational criminal defense, WT Lee | Permalink
Posted by McNabb Associates, P.C.
May 31, 2012
The Federal Bureau of Investigation on May 30, 2012 released the following:
“TAMPA—On Wednesday, May 30, 2012, special agents from the Air Force Office of Special Investigations (AFOSI) and the FBI Innocent Images Task Force (IITF) arrested Army Master Sergeant Thomas Meyer, age 42, at his residence this morning without incident. A federal search warrant was also executed at Meyer’s residence today.
The law enforcement activity was the culmination of investigative efforts by the AFOSI; Largo Police Department; Kenton County Police Department, Kentucky; Pennsylvania State Police; United States Postal Inspection Service; and the FBI.
Meyer will be facing federal charges, including attempted production of child pornography, transportation of child pornography, and transfer of obscene material to an individual under the age of 16. If convicted, he faces a mandatory minimum penalty of 15 years, up to 30 years in federal prison for the production charge; a mandatory minimum penalty of five years, up to 20 years in federal prison for the transportation charge; and up to 10 years in federal prison for the transfer of obscene matter charge.
The FBI’s IITF is an intelligence-driven, proactive investigative initiative that combats the proliferation of child pornography and child sexual exploitation facilitated by the Internet. The mission of the IITF is to reduce the vulnerability of children to acts of sexual exploitation and abuse facilitated through computers; to identify and rescue witting and unwitting child victims; and to investigate and prosecute sexual predators who use the Internet to sexually exploit children for personal and financial gain.
The charges in the complaint 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
————————————————————–
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.
May 17, 2012
The Federal Bureau of Investigation (FBI) on May 17, 2012 released the following:
“Man Indicted for Chemical Weapons Offenses
Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the indictment of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged in three counts with violations of the chemical weapon statute (counts one and two), which prohibits individuals from possessing, stockpiling, or using a toxic chemical as a weapon; and with a violation of the consumer product tampering statute (count three).
The indictment alleges that in December 10, 2010 and December 23, 2010, Kimber received medical care at the Albany Medical Center and that on January 24, 2011, he wrote to complain about having to pay for his treatment. It further alleges that on February 22, 2011, the Albany Medical Center Associate Medical Director wrote back to explain why the bills were appropriate and discussed the outcome associated with the defendant having provided inaccurate information about his injury and his decision not to complete the care proscribed by his treating physician.
The indictment alleges that on March 2, 2012, Kimber spread mercury, a known toxic substance, throughout various areas of the Albany Medical Center cafeteria, including in and around food served to customers, and on and around heating elements use in food preparation. It further describes three previous instances, March 28, 2011, April 11, 2011, June 23, 2011, where mercury was spread around the hospital on days when New York State toll records establish the defendant traveled from his home in Ruby, New York and exited at the get-off for the Albany Medical Center. The indictment alleges that on March 2, 2012, Kimber’s activities were captured on hospital video surveillance cameras in the Albany Medical Center cafeteria— where mercury was subsequently found —including on food consumed by at least one patron. Canisters of mercury were subsequently found by law enforcement officers in Kimber’s home and car. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room. An emergency chemical response team at the Albany Medical Center responded promptly to the mercury contamination on each occasion and removed it from the premises.
The defendant was arrested on April 25, 2012 and is in jail, being held in pretrial detention. On March 2, 2012, following a detention hearing, United States Magistrate Judge Andrew T. Baxter determined that Kimber poses a serious danger to the community and that no combination of release conditions could be established to permit him to be released without continuing to pose a danger to the community.
A complaint filed in support of an arrest warrant was unsealed on April 26, 2012. It alleged that a search warrant was executed at Kimber’s house and automobile. Besides the seizure of two canisters of mercury, the complaint further alleged that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (The Turner Diaries) was observed during the search, which states on the cover page, “This book contains racist propagnda” and “The FBI said it was the blueprint for the Oklahoma City bombing. Searching officers further observed a Nazi swastika on a wall of Kimber’s home.
The two chemical weapons counts each contain a maximum possible term of life in jail and a fine of $250,000 or twice the gross loss to any victim. The consumer product tampering charge contains a maximum possible penalty of 10 years in jail and a fine of $250,000 or twice the gross loss to any victim.
Mercury is a known hazardous substance that has been very well-studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss, and somatosensory change. Mercury is readily absorbed through unbroken skin, by intestinal absorption after ingestion, and by inhalation of vapors. It accumulates in the body and can cause damage to internal organs including kidneys.
The allegations in the Indictment and criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the Towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0672.”
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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 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.
May 16, 2012
CNN on May 15, 2012 released the following:
By Bill Mears
“(CNN) — A former supervisory FBI agent has been arrested and jailed on child pornography charges.
Donald Sachtleben was taken into custody and charged Monday after a nationwide undercover investigation of illegal child porn images traded over the Internet.
The 54-year-old resident of Carmel, Indiana, has pleaded not guilty and has a detention hearing in federal court Wednesday.
A federal complaint alleges 30 graphic images and video were found on Sachtleben’s laptop computer late last week when FBI agents searched his home, about 23 miles north of Indianapolis.
The arrest was a result a months-long probe, said the U.S. attorney for the Southern District of Indiana, Joseph Hogsett.
“The mission of our Project Safe Childhood initiative is to investigate and prosecute anyone found to (be) engaged in the sexual exploitation of children,” Hogsett said in a news release. “No matter who you are, you will be brought to justice if you are found guilty of such criminal behavior.”
Sachtleben is currently an Oklahoma State University visiting professor, according to his online resume. He is director of training at the school’s Center for Improvised Explosives, but all references to his work have now been removed from the university’s website. There was no indication from the school as to whether it had suspended him. Calls to the university and his Indianapolis attorneys were not immediately returned.
He had been an FBI special agent from 1983 to 2008, serving as a bomb technician. He worked on the Oklahoma City bombing and Unabomber investigations, according to his university biography.
A separate LinkedIn profile filled out by Sachtleben says he is an “accomplished investigator with more than 25 years of experience in FBI major case management, counter terrorism investigations, bombing prevention, post blast investigations and public speaking.”
According to the criminal complaint, a federal-state joint task force had been investigating an Illinois man allegedly trading child porn images as far back as September 2010. That suspect was arrested in January, and a search of his computer reportedly led to Sachtleben, who was using the e-mail name pedodave69.
According to the affidavit, an e-mail from that account was sent to the Illinois suspect last fall, along with nine images of child porn. “Saw your profile on (a file sharing network). Hope you like these and can send me some of ours (sic). I have even better ones if you like.” Prosecutors say Sachtleben sent that e-mail.
Sachtleben’s wife was interviewed by agents during the execution of the search warrant and denied any involvement with child porn. She was not taken into custody.
FBI officials in Washington had no comment on the arrest.
If convicted, Sachtleben would face up to 20 years in prison on the charge of distribution of child porn, and an additional 10 years for possession.
The Justice Department’s Project Safe Childhood initiative was launched in 2006, leading to what federal officials call a more than 40% increase in the number of cases investigated. The project’s website says 2,700 indictments were filed last year alone.
The case is U.S. v. Sachtleben (1:12-mj-316).”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
Federal Crimes – Detention Hearing
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
May 10, 2012
Anchorage Daily News on May 9, 2012 released the following:
“Jurors get a look at arsenal seized from homes, trailer.
By RICHARD MAUER
The weapons and conspiracy trial of three Fairbanks militia members continued into its third day Wednesday with the introduction of seized guns, ammunition and documents, some brought into the federal courthouse, others as pictures projected on a big screen.
Federal prosecutors are taking the early days of the trial to set the groundwork for the weeks ahead. They’re systematically — and somewhat tediously — working with witnesses from the FBI and Alaska State Troopers to show the jury what their search warrants uncovered in the homes and a trailer belonging to the three defendants, Schaeffer Cox, Coleman Barney and Lonnie Vernon.
On Wednesday morning, FBI Agent Jolene Goeden showed photographs of thousands of rounds of ammunition seized in March 2011 from a large white trailer owned by Barney that was found parked at a Fairbanks ice park after the three men were arrested.
FBI agents had thought the trailer would be at the home of one of the suspects. When it wasn’t there when the men were arrested March 10, 2011, it set off a frantic search that included the use of aircraft. Officials knew from an informant that the trailer was filled with weapons and were concerned on two fronts — that other militia members, upset with the arrests of their leadership, might stage an attack using the ordnance, or that it could pose an explosion hazard to innocent bystanders if something inside ignited accidently.
Barney eventually told a U.S. Marshal where it was.
In addition to the ammo, the trailer also held a sniper rifle, a tripod-mounted semi automatic rifle, an M-16 assault rifle and grenade launchers, as well as supplies and equipment for Barney’s contracting business, Mammoth Electric.
Goeden also showed another copy of the 17 “Acts of War” that was found in the trailer. Unlike the one found in Cox’s house and entered as evidence Tuesday, this one had checkmarks next to the acts that presumably had already taken place, including firearms restrictions, confiscation of “any property,” federalization of law enforcement and the surrendering of power to a corporation or foreign government.
Only three acts remained unchecked: “mandatory medical anything,” elimination of gold, cash or barter, and the use of chips or marks to track, control or monitor.
Cox, the 28-year-old leader of the Alaska Peacemaker Militia and an ideological force in the Alaska “sovereign citizen” movement, once rescinded a guilty plea to a 2010 reckless endangerment charge by filing a notice to the recorder’s office in Fairbanks. A copy of the notice and other filings in his case were among the documents seized in the search of the home of co-defendant Barney, 37, a major in the militia.
The jury saw a copy of the seized set of documents — the standard court order dated March 10, 2010, accepting his plea deal, providing for no jail time and two years probation, and the surreal documents Cox used to abrogate the plea, including the paperwork for his now-famous “trial” in a Denny’s restaurant before a jury of his pals in which he was acquitted. Among the papers was the document filed in the recorder’s office — a repository mainly for land transactions — in which Cox captioned his case, “State of Alaska, a fiction, plaintiff, v Schaeffer Cox, a natural Man, victim and witness, waiving no rights, EVER.”
Interspersed with written ramblings were displays of the arsenals the men had amassed: Kalashnikov- and M-16-style assault rifles, numerous pistols and long rifles, hundreds of ammo clips, launchers for firing pepper-spray and tear-gas type canisters along with dozens of those rounds, powder and explosives. Troopers and FBI seized numerous body armor vests, handcuffs, a lock-pick kit, police duty belts and a “go bag” with 10 hand-held radios, batteries, pistols, an assault rifle, loaded magazines and a roll of duct tape.
Alaska State Trooper Joshua Rallo said he counted 20,000 rounds of ammunition in a storage pantry on the first floor of Barney’s home in North Pole adjacent to his office.
At each break in the proceedings, one of the prosecutors and an FBI agent would wheel out the evidence already presented to the jury and return with a cart filled with more stuff, some of it quite heavy. And there are still days to go in this phase of the trial.
The defense attorneys have not been saying much, but on one occasion, Barney’s attorney, Tim Dooley, asked Rallo whether everything he seized “was legal for a citizen to own?”
“Provided they’re not a felon, I guess,” Rallo replied.
There’s been almost no evidence about how the defendants amassed their armaments, or managed to pay for them. Prosecutors introduced a credit card receipt from Cox for $583 to Far North Tactical, a Fairbanks arms and police-supply merchant, and the phone number for the shop showed up on other seized paperwork.
They also introduced a mail-order box for a 37mm grenade launcher from a company called American Ammo from Ohio, and the stern instructions that came with it, warning that using the product for anything other than as a low-powered “wildlife control banger” could get the user in serious trouble with the federal government.”
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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:
Federal Crimes – Be Careful
Federal Crimes – Be Proactive
Federal Crimes – Federal Indictment
————————————————————–
To find additional federal criminal news, please read Federal Criminal Defense Daily.
Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.
The author of this blog is Douglas C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.
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Posted by McNabb Associates, P.C.
