“DEA Makes Three More “Fake Pot” Drugs Temporarily Illegal Today”

May 16, 2013

The U.S. Drug Enforcement Administration (DEA) on May 16, 2013 released the following press release:

“MAY 16 (WASHINGTON) –Today the United States Drug Enforcement Administration (DEA) made the synthetic cannabinoids UR-144, XLR11, and AKB48 Schedule I, illegal drugs under the Controlled Substances Act (CSA) for the next two years. These cannabinoids are often seen in so-called “fake pot” products that are falsely marketed and sold as “herbal incense” or “potpourri” products on the Internet and by a variety of retail stores.

Synthetic cannabinoids refer to a family of substances that act on the brain similar to delta-9 THC, the main psychoactive constituent of cannabis. The actual chemical names of today’s controlled cannabinoids are:

  • (1-pentyl-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
  • [1-(5-fluoro-pentyl)-1H- indol-3-yl](2,2,3,3-tetramethylcyclopropyl)methanone (5-fluoro-UR-144, XLR11); and
  • N-(1-adamantyl)-1-pentyl-1H-indazole-3-carboxamide (APINACA, AKB48).

This action is based on a finding by DEA’s Deputy Administrator Thomas Harrigan that the placement of these synthetic cannabinoids into Schedule I of the CSA is necessary to avoid an imminent hazard to the public safety. The DEA published a notice of its intent to do this and issued a press release about it on April 12, giving makers, sellers, and other possessors of these drugs a month to rid themselves of their current stocks and to cease making or buying more.

Over the past three years, smokable herbal blends containing synthetic cannabinoids have been marketed under the guise of being “legal” and have become increasingly popular, particularly among teens and young adults. These products consist of plant material that has been laced with these cannabinoids. These substances have not been approved by the FDA for human consumption or for medical use. The long-term physical and psychological effects of these substances and their associated products are unknown but are potentially severe, and psychotic and violent behavior has been observed in short-term users of these products.

During the next two years, DEA will work with the U.S. Department of Health and Human Services (DHHS) to determine if these chemicals should be made permanently illegal.

Click here for a copy of the Final Order and here for an explanation of the process under the CSA for temporarily and permanently scheduling drugs and chemicals.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

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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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“West Hollywood Doctor Indicted on Federal Charges for Writing Prescriptions for Narcotics after being Ordered to Stop”

May 14, 2013

The Drug Enforcement Administration (DEA) on May 13, 2013 released the following:

“MAY 13 (LOS ANGELES) – A West Hollywood doctor surrendered to federal authorities this morning after being indicted last Friday on federal drug trafficking charges that allege he wrote more than 1,200 prescriptions for powerful painkillers after a federal order revoked his authority to prescribe those drugs.

James William Eisenberg, 72, who resides in the Venice district of Los Angeles, surrendered this morning at the United States Courthouse, where he is expected to be arraigned this afternoon.

Eisenberg is named in an indictment that charges him with four counts of using a revoked DEA registration number and three counts of distribution of hydrocodone, which is the generic drug found in brand-name products such as Vicodin and Norco.

Eisenberg allegedly wrote the prescriptions while he worked out of several medical offices in West Hollywood, including a Santa Monica Boulevard storefront he called Pacific Support Services. Eisenberg also issued “medical marijuana” recommendations from these West Hollywood locations, according to court documents and DEA administrative records.

In order to legally prescribe controlled substances such as hydrocodone, physicians must be registered with the United States Attorney General and have a valid DEA registration number. On December 14, 2011, a DEA administrative judge determined that Eisenberg acted as a “drug dealer” and suspended his registration number. The DEA issued an order permanently revoking Eisenberg’s registration on July 24, 2012.

The orders issued by the administrative judge were based on findings that Eisenberg, who at the time was working out of a “medical marijuana” club in Arizona, “lacked a legitimate medical purpose and acted outside of the usual course of professional practice” when he wrote prescriptions for oxycodone (the generic form of a drug often best known as the brand-name OxyContin) and Xanax in exchange for $150 cash payments. The DEA judge also found that Eisenberg wrote “medical marijuana” recommendations to undercover officers posing as patients, and that Eisenberg prescribed OxyContin to one of the undercover agents “before [Eisenberg] had even performed a physical examination.”

DEA investigators later learned that Eisenberg continued to prescribe controlled substances, including hydrocodone, in violation of the DEA’s orders. A review of a California Department of Justice database that can be used to track prescriptions showed that, following the suspension of Eisenberg’s registration number, patients filled more than 1,700 of his prescriptions for controlled substances, including more than 1,200 prescriptions for hydrocodone. As charged in the indictment, Eisenberg wrote one of those prescriptions on December 27, 2011, less than two weeks after his registration number was suspended.

DEA investigators executed a federal search warrant on one of Eisenberg’s West Hollywood offices on February 19, 2013. The affidavit in support of the search warrant outlines evidence, including surveillance and undercover operations, indicating that Eisenberg continued to write prescriptions for controlled substances in violation of the DEA’s revocation order. The evidence included an operation in which an undercover agent, posing as a patient, obtained a prescription from Eisenberg for hydrocodone and alprazolam (the generic form of a drug best known as Xanax). A receptionist at Eisenberg’s office asked the undercover agent if “he was looking for medical marijuana” as well, according to the search warrant affidavit. According to the affidavit, when a West Hollywood pharmacist refused to fill Eisenberg prescriptions for hydrocodone and alprazolam in June 2012, Eisenberg called the pharmacy and asked the pharmacist to make an “exception” and fill the prescription.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.

If convicted of the seven counts in the indictment, Eisenberg faces a statutory maximum sentence of 46 years in federal prison.

The investigation into Eisenberg was conducted by the Drug Enforcement Administration.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Federal Drug Charges Dropped Because of Too Much Evidence

August 16, 2012

CBS News on August 15, 2012 released the following:

“IOWA CITY, Iowa — A fugitive doctor charged in the nation’s largest prosecution of Internet pharmacies is getting off in part because there’s just too much evidence in his case: more than 400,000 documents and two terabytes of electronic data that federal authorities say is expensive to maintain.

Armando Angulo was indicted in 2007 in a multimillion dollar scheme that involved selling prescription drugs to patients who were never examined or even interviewed by a physician. A federal judge in Iowa dismissed the charge last week at the request of prosecutors, who want to throw out the many records collected over their nine-year investigation to free up more space.

The Miami doctor fled to his native Panama after coming under investigation in 2004, and Panamanian authorities say they do not extradite their own citizens. Given the unlikelihood of capturing Angulo and the inconvenience of maintaining so much evidence, prosecutors gave up the long pursuit.

“Continued storage of these materials is difficult and expensive,” wrote Stephanie Rose, the U.S. attorney for northern Iowa. She called the task “an economic and practical hardship” for the Drug Enforcement Administration.

The case started in 2003 with a raid of a small Iowa drugstore and eventually secured the conviction of 26 defendants, including 19 doctors. The investigation dismantled two Internet pharmacies that illegally sold 30 million pills to customers. Investigators also recovered $7 million, most of which went to Iowa police agencies that helped with the case.

When a major drug suspect flees the country, federal authorities often leave the charges pending in case the fugitive tries to sneak back into the U.S. or a country with a friendly extradition process. But in Angulo’s case, the volume of evidence posed a bigger burden.

The evidence took up 5 percent of the DEA’s worldwide electronic storage. Agents had also kept several hundred boxes of paper containing 440,000 documents, plus dozens of computers, servers and other bulky items.

Two terabytes is enough to store the text of 2 million novels, or roughly 625,000 copies of “War and Peace.”

Two-terabyte memory drives are widely available for $100, but the DEA’s data server must be relatively small and may need replacement, a costly and risky proposition for an agency that must maintain the integrity of documents, said University of Iowa computer scientist Douglas Jones.

“A responsible organization doesn’t upgrade every time new technology is available. That’s all they would be doing,” Jones said. “But the result is you end up in situations like this where the capacity they have is not quite up to the incredible volume of data involved.”

Randy Stock, who runs the website whatsabyte.com, which explains electronic storage, said he doubted that storing the data would have been that problematic for the government.

“I’m thinking that excuse is just their easy way out,” he wrote in an e-mail.

U.S. District Judge Linda Reade dismissed the case with prejudice, meaning it cannot be refiled.

Angulo, 59, was accused of improperly authorizing thousands of prescriptions for pain pills, diet medication and other drugs while working for Pharmacom International Corp., a Florida-based Internet company that operated from 2003 to 2004.

The company’s doctors approved prescriptions without examining patients, communicating with them or verifying their identities, prosecutors said. Three Pharmacom officials and a person who recruited doctors were sentenced to prison. Eight physicians pleaded guilty to conspiracy to illegally distribute controlled substances and launder the proceeds.

The investigation began after agents raided the Union Family Pharmacy in Dubuque and found evidence that it had illegally dispensed medication over a six-month period for Pharmacom and another Internet company, Medical Web Services, which pleaded guilty. Eleven of its physicians were also prosecuted.

Angulo fled to Panama around the time Florida regulators suspended his medical license for prescribing controlled substances to Medicaid patients “in excessive quantities and without medical justification.” An audit found his prescriptions cost Medicaid $6.5 million over six years and caused addiction and dangerous health risks.

Investigators know Angulo’s whereabouts in Panama, which has an extradition treaty with the U.S. to return fugitives. But a spokeswoman for the Panamanian Embassy in Washington said the country never received a formal extradition petition for Angulo and that the country’s constitution bars the extradition of Panamanian citizens.

The dismissal of the charges does not mean Angulo is free to return to the U.S. He is still listed as one of Florida’s most wanted criminals and is being sought for separate Medicaid fraud and narcotics charges in that state.”

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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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45 Indicted in Major DEA-Led Investigations of Alleged Drug Trafficking Operations at San Juan International Airport

June 6, 2012

U.S. Drug Enforcement Administration (DEA) on June 6, 2012 released the following:

“–Multi-Ton Quantities of Cocaine Shipped Aboard American Airlines Commercial Aircraft Destined for Continental United States–

June 6 (San Juan, PR) – On May 31, a federal grand jury indicted 25 individuals as a result of an investigation lead by the Drug Enforcement Administration, the Puerto Rico Police Department (PRPD), and the Puerto Rico Department of Justice, announced today United States Attorney Rosa Emilia Rodríguez-Vélez.

The defendants are charged in a 16 count indictment with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) and conspiracy to possess with intent to distribute cocaine.

The defendants were members and associates of a criminal organization whose members and associates engaged in narcotics distribution and criminal acts principally out of the Luis Muñoz Marin International Airport in Carolina, Puerto Rico. The leader of the organization is Maribel Rodríguez-Fragoso, aka “La Flaca.”

The indictment alleges that in or around 2010 until May 2012, members of the enterprise and their associates carried kilograms of cocaine in backpack/bags, or hidden on their person, or driving official work vehicles into the Airport through the employees secured entrance. Once in the secured area, they would transfer the kilograms of cocaine to couriers inside of a designated restroom, who would then board flights departing to the continental United States.

It is further alleged that members of the enterprise transported large sums of drug proceeds in the form of U.S. currency from the continental United States to Puerto Rico. Some of the drug proceeds were used to purchase items, such as vehicles, which were regularly used to further the enterprise.

DEA Deputy Administrator Thomas M. Harrigan today said, “Americans have a right to expect the highest integrity from those they entrust with their safety, and DEA is committed to protecting that trust. Today’s arrests at one of the nation’s busiest airports reflect our relentless commitment to working with our partners to aggressively fight drug trafficking, not only at our nation’s points of entry, but at source, transit, and arrival zones throughout the world.”

The case is being prosecuted by Assistant United States Attorneys Brian Kidd, Sean Torriente and Justin Martin from the Organized Crime and Racketeering Section. This unit operates under the Narcotics Unit, and it is supervised by the Chief of the Narcotics Unit, AUSA Timothy Henwood. This unit is yet another component of our new initiative against violent crime and illegal firearms.

A second indictment unsealed today charges 20 individuals for aiding and abetting each other, and conspiracy to possess with intent to distribute in excess of 9000 kilograms of cocaine, aboard American Airlines commercial aircrafts. At times pertinent to this indictment, convict Wilfredo Rodríguez-Rosado, aka “Mogoyo” recruited and organized a group of individuals to package, transport and deliver suitcases loaded with kilograms of cocaine to the American Airlines cargo area at the Luis Muñoz Marin International Airport. Moreover, he recruited and organized a group of American Airlines employees to ensure that those suitcases were smuggled into American Airlines aircrafts destined to Miami and Orlando, Florida and Newark, NJ.

The case was investigated by the DEA, the PRPD, and the FBI, with the collaboration of the San Juan Municipal Police, and prosecuted by Assistant United States Attorneys Olga Castellón, Mariana Bauzá and Maritza González.

“The defendants in this investigation not only utilized their positions and security access to smuggle large quantities of illegal narcotics, but they also compromised the safety and security at one of the Caribbean’s most vital airports,” said Acting Special Agent in Charge of the Caribbean Division, Pedro Janer. “DEA will continue to dismantle these organizations that think they can blatantly use legitimate entities to carry out their smuggling operations.”

“The United States Attorney’s Office, along with our state and federal law enforcement counterparts, will continue investigating and prosecuting drug trafficking organizations which use our island as a trans-shipment point for drugs to the U.S. mainland. The use of commercial aircraft to smuggle narcotics in and out of Puerto Rico, also creates a serious threat to our national security,” said Rosa Emilia Rodríguez-Vélez, U.S. Attorney for the District of Puerto Rico.

The defendants in both cases are facing a minimum term of imprisonment of 10 years up to life. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty.

The DEA Caribbean Division would also like to extend its gratitude to the DEA Divisions in New York, Miami, Newark and Dallas for their incredible support and assistance.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Federal Prosecutors: Smulian Testimony ‘Crucial’ In Viktor Bout Conviction

April 18, 2012

The Wall Street Journal on April 17, 2012 released the following:

“By Chad Bray

The testimony and assistance of a dual British-South African citizen was “crucial” in securing the conviction of notorious arms dealer Viktor Bout, prosecutors said in a court filing late Monday.

Andrew Smulian, 71 years old, was arrested in Thailand, along with Bout, as part of an undercover sting operation by the U.S. Drug Enforcement Administration in March 2008 and he waived extradition. After arriving in the U.S., he began providing information to prosecutors and pleaded guilty to four conspiracy counts in July 2008.

In a sentencing memorandum filed late Monday, federal prosecutors in Manhattan sad that Smulian’s cooperation was a key: ranging from detailing meetings and conversations with Bout to refuting Bout’s defense that he only intended to sell airplanes, not weapons.

“Smulian was also able to describe coded email messages and intercepted phone conversations, as only an insider in a secretive conspiracy could,” Assistant U.S. Attorney Brendan R. McGuire said in a court filing. “Although the recordings and emails themselves were powerful evidence of Bout’s guilt, the context and explanation that Smulian provided–and the credible manner in which he provided them–was critical to the government’s proof at trial.”

Bout was sentenced to 25 years in prison earlier this month after he was convicted last year of four conspiracy counts, including conspiracies to sell surface-to-air missiles, to kill Americans and to provide material support to a Colombian rebel group.

Labeled the “Merchant of Death” at one point by American officials, Bout, 45 years old, has denied wrongdoing. His lawyer, Albert Y. Dayan, has said Bout was only trying to sell two cargo planes when he went to the meeting in Thailand and has said his prosecution was “the product of outrageous, inexcusable government conduct.”

Bout was extradited to the U.S. in 2010 after two years of legal wrangling and over the objections of the Russian government.

Smulian’s lawyer, Mary E. Mulligan, has asked that her client be sentenced to “time served,” citing his cooperation, his health and his acceptance of responsibility. In a court filing earlier this month, she noted that he has been in custody since his arrest more than four years ago and suffers from a “battery of chronic and serious medical conditions,” including hypertension and type II diabetes.

“The successful prosecution of Viktor Bout resulting from Mr. Smulian’s cooperation has sent a powerful message both domestically and internationally that terrorist activity against the United States will be investigated and prosecuted aggressively and successfully,” Mulligan said in court papers. “It was Mr. Smulian’s cooperation in the Bout prosecution that brought this to bear.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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 and OFAC SDN Sanctions Removal.

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

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U.S. busts an alleged global online drug market, arrests eight

April 17, 2012

Chicago Tribune on April 16, 2012 released the following:

“Dan Whitcomb | Reuters

LOS ANGELES (Reuters) – Eight men charged with running an elaborate online narcotics market that sold drugs to 3,000 people in the United States and 34 other countries have been arrested following a two-year investigation dubbed “Operation Adam Bomb,” prosecutors said on Monday.

The secret ring known as “The Farmer’s Market” operated through the TOR computer network, which allows users to communicate anonymously, according to a federal grand jury indictment unsealed on Monday in Los Angeles.

The online drug market provided order forms and customer service, guaranteeing delivery in exchange for a commission and accepting payment through PayPal, Western Union and other means, the indictment charges.

Authorities said the defendants were accused of running one of the most sophisticated drug marketplaces on the Internet and said the prosecution represented a first of its kind.

“The drug trafficking organization targeted in Operation Adam Bomb was distributing dangerous and addictive drugs to every corner of the world, and trying to hide their activities through the use of advanced anonymizing on-line technology,” Briane Grey, U.S. Drug Enforcement Administration acting special agent in charge, said in a written release.

“Today’s action should send a clear message to organizations that are using technology to conduct criminal activity that the DEA and our law enforcement partners will track them down and bring them to justice,” Grey said.

Marc Willems, 42, who is accused of creating and running “The Farmer’s Market,” was taken into custody at his home in Lelystad, Netherlands, by Dutch authorities, U.S. Attorneys spokeswoman Gymeka Williams said.

Law enforcement officials in Bogota arrested 42-year-old Michael Evron, a U.S. citizen living in Argentina who allegedly oversaw technical and customer support for the online marketplace, as he was attempting to leave Colombia, Williams said.

Jonathan Colbeck, 51; Brian Colbeck, 47; Ryan Rawls, 31; Jonathan Dugan, 27; George Matzek, 20; and Charles Bigras, 37, were arrested at their respective homes in Iowa, Michigan, Georgia, New York, New Jersey and Florida.

All eight defendants were charged with federal drug trafficking and money laundering charges and prosecutors had filed extradition papers to return Willems and Evron back to the United States for trial, Williams said.

Each faces a maximum sentence of life in prison if convicted.

According to the 66-page indictment, “The Farmer’s Market” allowed independent sources to advertise illegal drugs – including LSD, ecstasy, fentanyl, mescaline ketamine, DMT and high-end marijuana – for sale to the public.

The deals were allegedly handled through the online marketplace, which processed more than 5,200 orders for controlled substances valued at more than $1 million between January 2007 and October 2009, the indictment charges.

The law enforcement operation was called “Adam Bomb” because the original name of the marketplace was Adamflowers, according to the indictment.

According to its website, TOR offers free software and an open network that allows users to defend against “network surveillance that threatens personal freedom and privacy.”"

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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 and OFAC SDN Sanctions Removal.

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

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Posted by McNabb Associates, P.C.

Records detail how police made 12,000-pound marijuana bust in Wyoming, more suspects charged

April 11, 2012

MLive.com on April 10, 2012 released the following:

“By John Agar

GRAND RAPIDS — The number of suspects charged in the October seizure of 12,000 pounds of marijuana has grown to nine with a recent arrest.

Four people were charged in the original bust, but federal prosecutors have obtained indictments against five others after a police raid at a warehouse in the 3700-block of Linden Avenue SE, near Eastern Avenue SE and 36th Street in Wyoming.

Recent court filings provide a look at the investigation as it unfolded in Wyoming.

The marijuana, brought here by a semi-truck, was packaged for sale to distributors.

A second superseding indictment names nine suspects: Adrian Nunez-Gonzalez, Alex Parra, Anthony Castro Gonzales, Tony Frank Disla-Santiago, Flavio Ramos, Angel Luis De Leon-Dejesus, a.k.a. Jose Saul Alamos-Gallarzo, Angel Eduardo Santos-Rodriguez, a.k.a. Changa, Patrick O’Meara Jr., and Samuel Granillo-Herrera.

The indictment says that the defendants, from 2009 through Oct. 21, 2011, conspired to possess and distribute 1,000 pounds or more of marijuana. The indictment asks that the defendants forfeit $50 million as proceeds of drug trafficking, court records showed.

The U.S. Drug Enforcement Administration says most big busts here are measured in hundreds of pounds.

The marijuana seized here had a wholesale value of $7 million, with a street value of $12 million.

Police immediately arrested Castro Gonzales, Disla-Santiago, Ramos DeLeon-DeJesus, while others were charged as the investigation continued.

Attorneys for two of the defendants filed a request that evidence be suppressed based on an alleged illegal search of a trailer that contained marijuana. U.S. District Judge Paul Maloney determined the search was proper.

In a 19-page opinion, he outlined the investigation that began with information that a large shipment of marijuana was en route to Wyoming.

A DEA special agent in Indianapolis relayed information to investigators here that a semi-truck was headed to a specific location in Wyoming likely loaded with a large amount of marijuana.

The DEA, along with the Metropolitan Enforcement Team, Kent County Narcotics Enforcement Team, Grand Rapids police’s Vice Unit and Wyoming police, began conducting surveillance at the warehouse around 7:15 a.m. on Oct. 20.

Just before 8 a.m., the semi-truck showed up at Linden Avenue. Three men in a black Dodge pickup across the street walked over and talked to the driver of the semi, who got back in the truck and maneuvered the trailer to the loading dock across the street.

DEA special agent Scott Syme could not see what occurred, but saw the trailer shift, suggesting that it was being emptied.

The semi left an hour later. Police soon stopped it.

The driver, who voluntarily opened the empty trailer for police, told investigators he only used the restroom at the warehouse. The men who met him had to get keys, and escorted him through the warehouse until a bathroom could finally be found.

He told police he had no idea what was unloaded.

Meanwhile, a white work van showed up at 8:15 a.m. at Linden Avenue, coming and going throughout the morning and afternoon. A silver Dodge Ram pickup showed up minutes later. One of the men got into the silver pickup. Police followed it to a residence in Kentwood before it returned to the warehouse hauling a trailer.

It went inside the warehouse. A red Chevrolet pickup truck also showed up.

Surveillance teams followed the black truck to the interchange of I-196 and I-94 in Berrien County, where police stopped the truck for a traffic violation. Police found no marijuana.

Late that afternoon, a gray minivan showed up at Linden Avenue. At 8:10 p.m., it left for a trip to McDonald’s.

Just after midnight, the red pickup with trailer, the gray minivan and white van all left the warehouse. Police said the storage trailer was obviously weighted down. Police followed the three vehicles through Kentwood, hoping to determine the destination and chain of distribution of the marijuana.

Then, the three vehicles turned down a dead-end street, turned around without stopping and continued south on Kalamazoo Avenue. It’s a counter-surveillance move, and told police that they had been discovered.

Police pulled all three vehicles over based on probable cause the vehicles contained drugs. Police found 8,316 pounds in the trailer.

“Here, law enforcement officers had probable cause to seize and arrest defendants for a felony when they were pulled over,” Maloney wrote in his opinion upholding evidence gathered in the search.

“Defendants’ attempts to characterize the seizure solely as a traffic stop is not persuasive,” the judge wrote. “The officers had probable cause to believe that the drivers of the three vehicles were committing a felony by transporting a large quantity of marijuana.

“Based on the accuracy of the information received from a fellow federal agent (in Indianapolis), observations at the warehouse, and the manner in which the three vehicles drove away from the warehouse, the officers could reasonably believe that the rest of the information, specifically that marijuana was contained in the shipment, was also accurate.”

The judge also determined that one of the defendants gave consent to the search of the trailer, which did not have a registration plate.”

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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 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.

Federal Agents Raid Calif. Marijuana University

April 4, 2012

MyFoxAtlanta.com on April 2, 2012 released the following:

“TERRY COLLINS, Associated Press

OAKLAND, Calif. (AP) – Federal agents on Monday targeted a San Francisco Bay area medical marijuana training school started by a leading pot advocate who has been instrumental in pushing for ballot measures to legalize the drug.

The doors to Oaksterdam University in downtown Oakland were blocked by U.S. marshals and yellow tape following the early morning raid by agents with the Internal Revenue Service and the U.S. Drug Enforcement Administration.

Agents carted trash bags of unknown materials out of the school as protesters gathered to condemn the action. A museum connected to the school and a nearby medical marijuana dispensary operated by Oaksterdam founder Richard Lee also were raided.

Demonstrators outside the multistory building, some openly smoking marijuana, held signs demanding an end to federal crackdowns on marijuana, which remains illegal under federal law.

Ryan Hooper, 26, of Oakland, wearing an Oaksterdam hat and sweat shirt, said he had finished taking courses at the school in February.

“This is not in the best interest of the city,” Hooper said. “If they close the dispensaries, all of this stuff is going to go back underground.”

Oaksterdam University was founded by Lee, who spent more than $1 million as the main backer of a California ballot measure defeated in 2010 that would have legalized marijuana in the state for recreational use. Lee did not immediately return a message seeking comment.

The school offers classes to would-be medical marijuana providers in fields ranging from horticulture to business to the legal ins-and-outs of running a dispensary. It does not distribute marijuana.

Arlette Lee, an IRS spokeswoman and no relation to Richard Lee, told reporters that agents were serving a federal search warrant but said she could not otherwise comment on the purpose of the raid.

“What we are doing here today is under seal,” Lee said.

Agents also raided Richard Lee’s home and briefly detained him during their search but did not arrest him, said Dale Sky Jones, Oaksterdam’s executive chancellor.

“Clearly, they’re trying to knock down one of the leaders in the cannabis reform movement,” Jones said.

No other arrests were reported, and it was unclear if the raid was prompted by a civil or criminal complaint. Jack Gillund, a spokesman for the U.S. attorney’s office, also declined comment.

The raid was the latest move by the federal government to crack down on California’s thriving medical marijuana industry. Federal prosecutors across the state joined late last year to shut down dozens of dispensaries by threatening to seize landlords’ property if they did not evict marijuana retailers.

The government’s action came as a surprise to medical marijuana advocates because the city of Oakland has been somewhat of a safe haven for pot clinics. The city has long allowed four medical marijuana dispensaries to legally operate under city ordinances and recently awarded permits that would allow four more to open.

“Oakland has one of the most highly regulated systems for distributing medical marijuana in the state,” said Stephen Gutwillig, California’s director for the Drug Policy Alliance. “We think this is a campaign by the U.S. attorneys not just to limit but to kill access to medical marijuana in California.”

Others countered that pot advocates are mistaken if they believe the Obama administration wouldn’t take action.

“This is a warning signal to any city including Oakland that they should tread very carefully when sanctioning an illegal activity,” said Kevin Sabet, a former senior adviser to the president’s drug czar and an assistant professor at the University of Florida. “The brazenness of Oakland and other cities like this has actually made them a target.”

Some observers said the federal government’s decision to go after Oaksterdam shows it’s not going to back down.

“It doesn’t get much more confrontational than that,” said Alex Kreit, a law professor at the Thomas Jefferson School of Law in San Diego.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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

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

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

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Posted by McNabb Associates, P.C.

Viktor Bout Wants Better Prison Conditions

February 9, 2012

The Wall Street Journal on February 9, 2012 released the following:

“By Chad Bray

A suspected Russian arms dealer convicted last year of conspiring to sell surface-to-air missiles and other weapons after getting caught in a sting operation in Thailand wants to be held under less restrictive conditions while he’s awaiting sentencing.

Viktor Bout, a former Soviet air force officer who inspired the character played by Nicolas Cage in the movie “Lord of War,” no longer wants to be held in the special housing unit, or SHU, at the Metropolitan Correctional Center in lower Manhattan. He has been held there since he was extradited from Thailand in 2010 after two years of legal wrangling.

His lawyer, Albert Dayan, said in a letter to the court that Mr. Bout, 45 years old, is essentially held in solitary confinement with no human contact, no fresh air and no access to the prison commissary to supplement his diet. Mr. Dayan said the prison diet is inadequate for Mr. Bout’s needs as a vegetarian.

Mr. Bout was arrested by Thai authorities and U.S. narcotics agents in a sting in March 2008. A Thai court initially freed Mr. Bout in August 2009, but the U.S. appealed the ruling and he remained in custody. After diplomatic pressure, an appeals court in the Southeast Asian nation ruled to extradite the suspect to face his charges in the U.S., overturning an earlier ruling.

Mr. Dayan asked that Mr. Bout be moved to the prison’s general population, noting that Monzer al-Kassar, an alleged Syrian arms trafficker, was allowed to be in general population while at the MCC.

Kassar, 66, was sentenced to 30 years in prison in 2009 after he was convicted of conspiring to sell weapons and murder U.S. citizens following a similar sting operation by the U.S. Drug Enforcement Administration.

“[Bout] doesn’t know when the sun rise or sets,” Mr. Dayan said in the letter, which was read during a court hearing on Wednesday.

U.S. District Judge Shira Scheindlin seemed to agree with Mr. Dayan’s arguments.

“It seems harsh. It seems brutal,” she said. “It seems unnecessary. It seems like something should be done about it.”

Still, the judge upheld the November verdict finding him guilty of four conspiracy charges that he sold weapons to South American terrorists with the understanding that they would be used to shoot down U.S. helicopter pilots, the Associated Press reported. The judge said the reasons submitted by the defense were the same ones offered before the trial and the verdict, AP said.

The judge set a hearing for Friday to discuss the issue of his confinement further. Prosecutors on Wednesday said they need time to consult with the U.S. Bureau of Prisons before responding.

Mr. Dayan said that he wants to resolve the issue before Mr. Bout is sentenced, otherwise the special designation may follow him to the prison where he ultimately serves his time.

Mr. Bout faces up to life in prison on the charges. Sentencing is set for March 12.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Appeal

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

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

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

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Posted by McNabb Associates, P.C.

Alleged Members of Native Mob Charged in Sweeping Racketeering Indictment

January 26, 2012

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

“MINNEAPOLIS— A 47-count federal indictment unsealed in part late yesterday charges 24 alleged members of the Native Mob gang with conspiracy to participate in racketeering activity and other crimes. The Native Mob is a regional criminal gang that originated in Minneapolis in the early 1990s. Members routinely engage in drug trafficking, assault, robbery and murder. Membership is estimated at 200, with new members, including juveniles, regularly recruited from communities with large, young, male, Native American populations. Association with the gang is often signified by wearing red and black clothing or sporting gang-related tattoos.

Six defendants made their initial federal court appearances late yesterday afternoon. They were apprehended earlier Tuesday, during a take-down conducted by between 100 and 150 local, state, federal, and tribal law enforcement officials. Arrests were made on the White Earth, Mille Lacs, and Leech Lake Indian reservations as well as in the Twin Cities. Of the 18 remaining defendants, 12 are presently in jail or prison on other charges, while six continue to be sought by law enforcement. The six individuals arrested yesterday remain in custody pending their next hearings, scheduled for Jan. 26 and 27.

Earlier today, U.S. Attorney B. Todd Jones said of the investigation, “This investigation exemplifies the law enforcement cooperation we are fortunate to experience here in Minnesota. Local, state, federal, and tribal investigators worked side by side to take down some of the most violent criminals in our state and, in the process, disrupt an extremely dangerous gang that diminishes the quality of life for those who live and work in Native American communities. We owe a debt of gratitude to everyone involved in the investigation. Their efforts have made our streets and communities much safer.”

The indictment alleges that since at least the mid-1990s, the defendants named in this case and others have conspired to conduct criminal activity through an “enterprise,” namely, the Native Mob, in violation of the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The indictment alleges that the primary objective of this “enterprise” is to preserve, protect, promote and enhance the Native Mob’s power, territory, and financial gains.

To that end, gang members purportedly distribute illegal drugs, from crack cocaine to ecstasy. They also reportedly provide monetary support to other members, including those incarcerated; share with one another police reports, victim statements and other case discovery; hinder or obstruct officials from identifying or apprehending those wanted by the law; and intimidate witnesses to Native Mob crimes. Moreover, they purportedly maintain and circulate firearms for gang use and commit acts of violence, including murder, against individuals associated with rival gangs.

Those arrested yesterday, along with their last known residence, include:

  • Dale Wesley Ballinger, Jr., 20, Isle, Minn.;
  • Damien Lee Beaulieu, 20, Onamia, Minn.;
  • Aaron James Gilbert, Jr., 24, Minneapolis;
  • Cory Gene Oquist, 22, Bemidji, Minn.;
  • Dale John Pindegayosh, 29, Cass Lake, Minn.; and
  • Justen Lee Poitra, 26, Cass Lake.

In addition to the racketeering charge filed against all 24 defendants, other charges were levied against some of the defendants. Those charges include conspiracy to use and carry firearms during and in relation to a crime of violence; the use and carrying of firearms during and in relation to a crime of violence; assault with a dangerous weapon in aid of racketeering; attempted murder in aid of racketeering; felon in possession of ammunition; felon in possession of a firearm; armed career criminal in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime and a crime of violence; conspiracy to distribute and possess with intent to distribute controlled substances; possession with intent to distribute a controlled substance; distributing a controlled substance; and tampering with a witness. (See the attached chart for a breakdown of charges by defendant. Note, until such time as defendants make their initial appearances in federal court, their names and the specific charges levied against them will not be disclosed.)

If convicted, the defendants face a potential maximum sentence of between 20 years and life in federal prison. Since the federal justice system does not have parole, prison terms would be served virtually in entirety. All sentences will ultimately be determined by a federal district court judge.

This case is the result of a long-term, cross-jurisdictional investigation conducted by local, state, federal and tribal law enforcement officers dedicated to making our streets and communities safer. They include the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; the Minnesota Bureau of Criminal Apprehension; the Carlton County, Minn., Sheriff’s Office; the U.S. Drug Enforcement Administration; the FBI-funded Headwaters Safe Trails Task Force; the Mille Lacs Tribal Police Department; the Minneapolis Police Department; the Minnesota Department of Corrections; and the Paul Bunyan Drug Task Force.

These agencies investigated this case with assistance from—in alphabetical order—the Becker County Sheriff’s Office, the Beltrami County Sheriff’s Office, the Carlton County Attorney’s Office, the Cass County Attorney’s Office, the Cass County Sheriff’s Office, the Crow Wing County Sheriff’s Office, the Douglas County Sheriff’s Office of Wisconsin, the Duluth Police Department, the Fon du Lac Tribal Police Department, the Fridley Police Department, the Itasca County Sheriff’s Department, the Hennepin County Attorney’s Office, the Hennepin County Sheriff’s Office, the Hubbard County Sheriff’s Office, the Leech Lake Tribal Police Department, the LCO Reservation Police Department, the Lower Sioux Tribal Police Department, the Mahnomen County Sheriff’s Office, the Minnesota State Patrol, the Mille Lacs County Attorney’s Office, the Mille Lacs County Sheriff’s Office, the New Brighton Police Department, the North Central Drug Task Force, the Prior Lake Police Department, the Red Lake Tribal Police Department, the Redwood County Sheriff’s Office, Richfield Police Department, the Sherburne County Sheriff’s Office, the St. Paul Police Department, the U.S. Marshal’s Service, the Minneapolis Violent Offender Task Force, the Washington County Sheriff’s Office and the White Earth Tribal Police Department.

This case is being prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Steven L. Schleicher.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

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

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

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

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Posted by McNabb Associates, P.C.

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