FBI: “Federal Grand Jury Returns 30-Count Indictment Related to Boston Marathon Explosions and Murder of MIT Police Officer Sean Collier”

June 27, 2013

The Federal Bureau of Investigation (FBI) on June 27, 2013 released the following:

“WASHINGTON—A federal grand jury returned a 30-count indictment against Dzhokhar A. Tsarnaev for his alleged role in using weapons of mass destruction at the Boston Marathon to kill three individuals and maim or seriously injure many others, as well as for using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier.

Tsarnaev, aka “Jahar Tsarni,” 19, a U.S. citizen residing in Cambridge, Massachusetts, was charged today by indictment with the use of a weapon of mass destruction resulting in death and conspiracy; bombing of a place of public use resulting in death and conspiracy; malicious destruction of property resulting in death and conspiracy; use of a firearm during and in relation to a crime of violence; use of a firearm during and in relation to a crime of violence causing death; carjacking resulting in serious bodily injury; interference with commerce by threats or violence; and aiding and abetting.

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder. “The department is firmly committed to achieving justice on behalf of all who were affected by these senseless acts of violence. And today’s action proves our unyielding resolve to hold accountable—to the fullest extent of the law—anyone who would threaten the American people or attempt to terrorize our great cities. I would like to thank our law enforcement partners, the FBI, the Department’s National Security Division, the U.S. Attorney’s Office for the District of Massachusetts, and every investigator, agent, officer, attorney, analyst, and support staff member whose courage and commitment continues to make our communities and our nation safer.”

“Today’s indictment is the result of the dedicated and collective efforts of law enforcement and intelligence partners, working with a sense of urgency and purpose to find those responsible for these deadly attacks,” said FBI Director Robert S. Mueller. “These continuing efforts reflect the pursuit of justice for those who lost their lives and for the scores of individuals who were injured.”

“Our hearts go out to the victims of these horrendous acts of violence, and our gratitude to the courageous law enforcement officers who have given so much to protect the people of Boston and the United States,” said John Carlin, Acting Assistant Attorney General of the Justice Department’s National Security Division. “We remain committed to obtaining justice in this matter and will continue to work side by side with our partners throughout the law enforcement and intelligence communities to protect the American people from future harm.”

“Today’s charges reflect the serious and violent nature of the events that occurred on April 15th and the tragic series of events that followed,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The defendant’s alleged conduct forever changed lives. The victims, their families, and this community have shown extraordinary strength and resilience in the face of this senseless violence, and it is with the hundreds of injured, as well as Krystle, Lingzi, Martin, and Sean in mind that we proceed to ensure that justice is served in this case.”

The indictment alleges that beginning no later than February 2013 and continuing until Tsarnaev was apprehended on April 19, 2013, Tsarnaev and his brother Tamerlan conspired to use improvised explosive devices (IEDs) against people, property, and places of public use. Specifically, the indictment alleges that on April 15, 2013, during the 117th running of the Boston Marathon, Tsarnaev and his brother placed IEDs among the crowds of spectators who were cheering the runners on Boylston Street towards the marathon finish line. After placing the IEDs among the crowd, the indictment alleges, Tsarnaev and his brother detonated the bombs seconds apart, killing three people, maiming and injuring many more, and forcing a premature end to the marathon. The indictment alleges that the IEDs were constructed from pressure cookers, explosive powder, shrapnel, adhesives, and other items and were designed to shred skin, shatter bone, and cause extreme pain and suffering, as well as death.

The indictment also alleges that on April 18, 2013, the FBI released photographs of Tsarnaev and his brother, identifying them as suspects in the marathon bombings. These photographs were widely disseminated on television and elsewhere. The indictment alleges that hours later on April 18, Tsarnaev and his brother, armed with five IEDs, a Ruger P95 semi-automatic handgun, ammunition, a machete, and a hunting knife, drove in their Honda Civic to the MIT campus, where they shot MIT Police Officer Sean Collier and attempted to steal his service weapon.

The indictment further alleges that shortly after Tsarnaev and his brother killed Officer Collier, they carjacked a Mercedes and kidnapped the driver and forced him to drive to a gas station, robbing him of $800 along the way. After the driver managed to escape, the brothers are alleged to have driven the carjacked vehicle to the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, where Watertown Police officers located them and tried to apprehend them. The indictment alleges that the brothers fired at the police officers and used four additional IEDs against them; then, Tsarnaev re-entered the carjacked vehicle, drove it directly at the officers, and ran over his brother as he managed to escape. Tsarnaev is alleged to have hidden in a dry-docked boat in a Watertown backyard until his arrest the following night.

Seventeen of the charges authorize a penalty of up to life in prison or the death penalty. The remainder authorize a maximum penalty of life in prison or a fixed term of years. Tsarnaev is scheduled to be arraigned on July 10, 2013.

U.S. Attorney Carmen M. Ortiz; Middlesex County, Massachusetts District Attorney Marian T. Ryan; Suffolk County, Massachusetts District Attorney Daniel F. Conley; Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Division; Boston Police Commissioner Edward Davis; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Kenneth J. Croke, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) in Boston, made the announcement today during a press conference.

This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is composed of more than 30 federal, state, and local law enforcement agencies, including the ATF, ICE-HSI, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority, and others. In addition, the Watertown Police Department, the Cambridge Police Department, the MIT Police Department, the Boston Fire Department, the National Guard, and police, fire, and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.

This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty of the U.S. Attorney’s Office for the District of Massachusetts’ Anti-Terrorism and National Security Unit; Nadine Pellegrini, Chief of its Major Crimes Unit; and Trial Attorneys of the U.S. Department of Justice’s National Security Division’s Counterterrorism Section and its Criminal Division.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal 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.


Feds charge Cherryville cops with allegedly aiding ‘crooks’

October 19, 2012
FBI
“Ray Gora / Lincoln Times-News
FBI agents seize computers and other materials from the Cherryville Police Department on Wednesday.”

Lincoln Times-News on October 19, 2012 released the following:

“JENNA-LEY HARRISON

Staff Writer

An undercover federal investigation is shaking up the Cherryville Police Department this week, amid claims that some police officers were operating on the wrong side of the law.

Four law enforcement officers and two other men who are accused of conspiring earlier this year to safeguard stolen property and proceeds from their sale, are set to make their second appearance in a Charlotte courtroom today, following an FBI raid on Wednesday.

The officers have also been accused of securing monetary bribes for their legal authority in the operation, the U.S. Attorney’s Office in the state’s Western District said.

According to federal authorities, the men made a serious blunder – their partners in the conspiracy, whom they believed to be criminals, were actually undercover FBI agents.

As a result of the arrests, the city of Cherryville has also suspended its police chief and captain.

Federal officials are not saying who else might be a target of the ongoing investigation.

Two federal indictments were unsealed earlier Wednesday in the case.

One indictment from Tuesday charged Cherryville Police officer Frankie Dellinger, 40, Gaston County Sheriff’s reserve officer Wesley Clayton Golden, 39, and Cherryville resident Mark Ray Hoyle, 39.

Each man faces one count each of conspiracy to extort under color of official right, money laundering conspiracy, conspiracy to transport and/or receive stolen property, four counts each of transportation of stolen property, money laundering and aiding and abetting and three counts of possession of a firearm in relation to a crime of violence, according to a press release.

Federal authorities also charged Dellinger with with an extra count of extortion.

The three men are accused of protecting the men they believed were co-conspirators by allowing them to safely transport tractor trailers filled with stolen property through the area, the U.S. Attorney’s Office said. Hoyle, Dellinger and Golden also protected the transportation of more than $400,000, proceeds from the merchandises’ sale, the release said.

Goods included televisions and generators worth nearly $160,000.

A second indictment from Aug. 21 charged Cherryville patrol officers Casey Justin Crawford, 32, and David Paul Mauney III, 23, along with Cherryville resident John Ashley Hendricks, 47, with one count each of conspiracy to transport and/or receive stolen property and conspiracy to extort under color of official right.

Crawford additionally faces one count of program fraud bribery.

Since May, Crawford, Mauney and Hendricks similarly worked with undercover agents they thought were criminals in protecting the transport of more than $300,000 in stolen merchandise along with more than $300,000 in proceeds from the items’ sale, the release said.

Hoyle’s role in the conspiracy included “representing himself as a law enforcement officer,” the U.S. Attorney’s Office said. On the other hand, Hendricks, Crawford and Mauney used counter-surveillance to ensure other officers wouldn’t discover the illegal operation, the release said.

FBI officials launched the investigation following allegations last year that Dellinger had been involved in illegal activity, an indictment said.

The phony criminals requested assistance from law enforcement officers who would be willing to provide protection for stolen items in exchange for cash bribes.

Dellinger accepted the offer and soon “recruited” Hoyle and Golden, according to the indictment.

The three men received $17,000 in the scheme in exchange for keeping the stolen goods away from thieves and the detection of other law enforcement agencies and even agreed to use violence, if necessary, to carry out such duties, the U.S. Attorney’s Office said.

All six men appeared in a Charlotte courtroom today on the charges.

They each face up to 20 years in prison and hundreds of thousands of dollars in fines, if convicted, the release said.

Interim City Manager and Cherryville Fire Chief Jeff Cash released a separate statement late Wednesday announcing that Police Chief Woody Burgess and Capt. Mike Allred, a Lincoln County resident, have been suspended with pay pending the outcome of the investigation, though neither has been charged to this point.

“As interim city manager, I will be naming myself interim police chief with the day-to-day operational activities to be supervised by Sgt. Cam Jenks,” Cash wrote.

Cash said safety of the citizens would not be compromised by the investigation into the police department and other law enforcement agencies were assisting as needed.

Individuals with emergencies can call 911 or police dispatch at (704) 435-1717.

The Gaston County District Attorney’s Office was quoted by other area news media saying they may drop pending criminal cases relying on any of charged officers’ testimonies, though the Times-News was unable to independently confirm this. Just how many cases that would include is also unclear.

Five of the six suspects remain without bond behind Mecklenburg County bars. The location of John Hendricks is currently unknown. He was not listed as a current Mecklenburg County inmate and does not even have a record in the county, an employee with CharMeck Citizen Services told the Times-News Thursday afternoon.

The State Bureau of Investigation has also been looking into the city of Cherryville since last year for misuse of town funds.”

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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.


Former Raleigh Real Estate Entrepreneur James T. Webb Arrested on 50-Count Indictment Alleging Several Federal Crimes

September 15, 2012

The Federal Bureau of Investigation (FBI) on September 14, 2012 released the following:

“RALEIGH— The United States Attorney’s Office announced that the indictment of JAMES THOMAS WEBB, 51, was unsealed today in federal court. WEBB has been charged in a 50-count indictment which includes conspiracy to commit bank and wire fraud, in violation of Title 18, United States Code, Section 1349; 10 counts of bank fraud and aiding and abetting, in violation of Title 18, United States Code, Sections 1344 and 2; three counts of wire fraud and aiding and abetting, in violation of Title 18, United States Code, Sections 1343 and 2; and 36 counts of making false statements to influence banks on loans and aiding and abetting, in violation of Title 18, United States Code, Sections 1014 and 2. WEBB was arrested by federal agents on September 13, 2012 in Miami, Florida.

The Indictment charges that between 2002 and 2006, WEBB operated various real estate companies, including Alpine Properties, LLC and Webb Builders, LLC for a profit. WEBB promised investors in multiple states quick, large, and safe financial gains by investing money with him. WEBB promised investors that he would use their money to purchase, renovate, and resell properties to first-time home buyers in various states, including North Carolina, Virginia, and Tennessee. WEBB caused investors to take out loans on properties that he and his companies had allegedly renovated.

The indictment further alleges that despite alleged philanthropic and humanitarian objectives, that WEBB carried out a fraud upon both the investors who gave cash to WEBB, and the banks and lenders who WEBB caused to disburse loan proceeds. According to the indictment, WEBB conspired with former attorney, Amy Robinson, to falsify closing statements associated with the loan transactions. It is alleged that the closing statements falsified various facts, including the amount of money paid to WEBB on the transactions. WEBB is also alleged to have conspired with a former appraiser, Larry Max McDaniel, and his associate, Jackie Gale Weaver, to falsify appraisal reports that were given to banks and lenders in connection with investor loans. The appraisal reports are alleged to have falsely stated that McDaniel had physically viewed the properties, when in fact he had not. The indictment also alleges that the properties sold to investors and financed by banks were not always completed or in the condition represented in the appraisal reports.

During the course of the alleged scheme, the indictment charges that WEBB lived lavishly, residing in a multi-million-dollar mansion, driving expensive vehicles, including a Bentley, traveling extensively, and otherwise paying himself handsomely. WEBB is alleged to have abruptly left North Carolina for Florida in 2004, where he continued to market his services under new company names.

According to the indictment, based upon WEBB’s statements and representations to investors, various individuals collectively invested millions of dollars with WEBB and his companies. Additionally, banks and lenders are alleged to have disbursed millions of dollars in loans, leaving investors holding millions in debt. The indictment alleges that WEBB left various neighborhoods in North Carolina and Virginia blighted with boarded up and dilapidated homes, many of which were ultimately demolished as uninhabitable.

Larry Max McDaniel, 69, pleaded guilty in federal court on June 11, 2012 to making false statements to federally insured financial institutions, and aiding and abetting. Jackie Gale Weaver pleaded guilty in federal court on September 21, 2011 to conspiracy to make false statements to federally insured financial institutions. Amy Robinson, 35, pleaded guilty in federal court on May 3, 2010 to conspiracy to commit mail, wire, and bank fraud.

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

Investigation of this case is being conducted by the Federal Bureau of Investigation, the United States Postal Inspection Service, the United States Department of Housing and Urban Development Office of the Inspector General, and the Federal Deposit Insurance Corporation Office of the Inspector General. Assistant United States Attorney William M. Gilmore is prosecuting the case.”

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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.


Federal Prosecutors Recommend in Federal Court in Chicago that William Cellini Deserves a Federal Sentence of up to 8-years

July 13, 2012

Chicago Tribune on July 12, 2012 released the following:

“8-year sentence recommended for fundraiser, lobbyist Cellini

By Annie Sweeney, Chicago Tribune reporter

Longtime state power broker William Cellini deserves to go to prison for up to eight years for attempting to extort a campaign contribution from a Hollywood producer, federal prosecutors argued for his upcoming sentencing.

But prosecutors went on to say they understood if U.S. District Judge James Zagel imposes a lower sentence given Cellini’s age — 77 — and health problems.

“The government agrees that the combination of Cellini’s health and age makes this one of the relatively rare situations where it may well be appropriate to impose a sentence below” the 61/2 to eight years in prison called for under federal guidelines, prosecutors wrote in a sentencing memorandum filed with the court.

Cellini was admitted twice last month to a hospital in Springfield after first suffering a heart attack and then after his doctors discovered a blood clot, according to his lawyers.

Cellini is scheduled to be sentenced July 23 in federal court in Chicago.

In the 29-page court filing, prosecutors argued that any break given to Cellini “should be relatively modest” and rejected calls by the defense for probation.

“Cellini’s medical condition, however, is not a basis to excuse him from a meaningful sentence of incarceration,” the prosecution filing said.

A federal jury convicted Cellini in November of conspiracy to commit extortion and aiding and abetting in the solicitation of a bribe for trying to extort a contribution for then-Gov. Rod Blagojevich’s campaign from a Hollywood producer who wanted to keep his lucrative business with the state.

In their filing, prosecutors recounted how for decades Cellini, a powerful Republican lobbyist and fundraiser, allegedly used his clout to exercise “considerable influence over governmental functions despite the fact that he held no official title.”

“Cellini goes too far … by suggesting that his age and health justify a sentence of probation,” the government wrote. “In contrast, a meaningful sentence of incarceration would send a strong message of deterrence to those who are tempted to corrupt governmental functions. Such a sentence would demonstrate that, no matter how much money you accumulate, or how many friends and supporters you enjoy, there is no protection from prison when you are caught corrupting public institutions.”

Cellini’s attorneys could not be reached for comment.”

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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 – Appeal

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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.


FBI raids Glenville apartment

June 6, 2012

TimesUnion.com on June 6, 2012 released the following:

“By Paul Nelson

GLENVILLE — A fugitive wanted for his alleged role in a 2009 drug-related killing in South Florida was among three people nabbed by FBI agents during a Tuesday morning raid of an apartment not far from the local police department, according to authorities and court documents.

Gilberto Santiesteban Jr. faces federal charges of kidnapping resulting in a death and aiding and abetting in the abduction and slaying of a man named Fidel Ruz Moreno, according to the criminal complaint and affidavits.

The legal documents states that Moreno, 35, was among of group that allegedly forced their way into and stole a large amount of pot from one of the places in Miami Dade County that Santiesteban and members of his family had been running a major hydroponic marijuana growing operation.

In June 2009, several members of the drug syndicate are accused of carjacking, kidnapping, and killing Moreno, who they identified through surveillance footage of being involved in the home invasion and robbery, the criminal complaint indicates.

Santiesteban and two others identified as Alejandro Pimentel, 46, and Estrella Mijares, 29, were nabbed at an apartment on Glenridge Road Tuesday morning. It’s unclear how the trio ended up in Glenville.

Pimentel and Mijares, are charged with federal conspiracy to possess with intent to distribute 1,000 or more marijuana plants and aiding and abetting, for their alleged role in the drug operation from January of 2004 to May 2012. Mijares is described in court papers as Santiesteban’s “paramour.”

In all, five defendants face federal kidnapping with death resulting charges while a total of 11 face narcotics offenses for their part in the pot growing business.

The FBI Office in Albany confirmed Tuesday that they conducted an “operation” in Glenville but declined to elaborate, citing the investigation is ongoing. FBI agents were assisted by Glenville Police.”

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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.


Company and Three Individuals Indicted in Ohio for Allegedly Illegally Exporting Military Technology to South Korea

December 21, 2011

The Federal Bureau of Investigation (FBI) on December 20, 2011 released the following:

“CLEVELAND— A federal grand jury sitting in Cleveland has returned an indictment charging EO System Company Ltd., Seok Hwan Lee, Tae Young Kim and Won Seung Lee with five counts of knowingly and willfully exporting; causing to be exported; and aiding and abetting the export of defense articles on the U.S. Munitions List without first obtaining an export license or written authorization from the U.S. Department of State.

The indictment was announced by Steven M. Dettelbach, U.S. Attorney for the Northern District of Ohio, and Stephen D. Anthony, Special Agent in Charge of the FBI Cleveland Field Office.

EO System Company Ltd. is a corporation located in Inchon, Republic of Korea (South Korea), while Lee, Kim and Lee are citizens and residents of South Korea.

“These defendants are charged with violating important regulations designed to protect national security,” said U.S. Attorney Dettelbach.

“The FBI and Department of Justice are committed to the protection of U.S. defense technology, particularly that which is governed by the International Traffic in Arms Regulations,” said FBI Special Agent in Charge Anthony.

The indictment charges that on or about Nov. 4, 2005, the defendants knowingly exported, caused to be exported, and aided and abetted the export from the United States to South Korea of five DRS PN: 42-15-050-003, E3500 system 25.7 mm F/1.0 Telescopes, also described as Infra Red Focal Plane Array detectors and Infra Red camera engines, which were designated as defense articles on the U.S. Munitions List.

The indictment charges that the defendants did so without first obtaining an export license or written authorization for such export from the U.S. Department of State.

If convicted, the defendants’ sentences will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendants’ role(s) in the offense, and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

In a related case, Kue Sang Chun, 67, of Avon Lake, Ohio, pleaded guilty on Jan. 20, 2011 to one count of exporting defense articles on the U.S. Munitions List without first obtaining an export license of written authorization from the State Department, and one count of knowingly making and subscribing a false U.S. individual income tax return.

He was sentenced in November 2011 to 14 months in prison.

This case is being prosecuted by Assistant U.S. Attorneys Robert W. Kern and Justin E. Herdman of the Cleveland U.S. Attorney’s Office, following an investigation by the Cleveland Offices of the FBI.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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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.


Mark E. Greenlee Pled Guilty in Federal Court Before U.S. District Judge Thomas E. Johnston

September 2, 2011

The Federal Bureau of Investigation (FBI) on September 1, 2011 released the following:

“Former Real Estate Appraiser Pleads Guilty to Federal Wire Fraud Charge

CHARLESTON, WV— A former West Virginia licensed real estate appraiser pleaded guilty today in federal court before United States District Judge Thomas E. Johnston to aiding and abetting wire fraud. Mark E. Greenlee, 50, of Charleston, admitted that he prepared a false and fraudulent appraisal in 2006 in furtherance of a multi-million-dollar mortgage fraud scheme perpetrated by Deborah L. Joyce and others, in the Stonegate subdivision in Hurricane, Putnam County, West Virginia.

Greenlee admitted that in August 2006, he prepared a residential real estate appraisal for a property known as 62 Stoneridge valuing the property at $645,000, essentially twice the then-current market value. The defendant further admitted to purposefully concealing material information about some of the comparables he used to justify the inflated appraisal price. To further the scheme, Greenlee admitted that he sent a copy of his appraisal, via e-mail, across state lines to a mortgage broker in Utah, who ultimately provided the appraisal to a lender who funded a loan. In addition, Greenlee admitted that he subsequently altered his appraisal of the 62 Stoneridge property in light of an investigation conducted by the West Virginia Real Estate Appraiser and Licensing Certification Board into the appraisals he prepared for Joyce and others in the Stonegate subdivision.

Greenlee is the second real estate appraiser prosecuted as part of the Stonegate mortgage fraud investigation. In June, James R. Thornton admitted that he also aided and abetted the wired fraud scheme perpetrated by Ms. Joyce and others by falsifying the appraisal price for a property known as 45 Spruce Ridge. Specifically, Thornton admitted that, contrary to industry standards, he included a below-grade basement as “Gross Living Area” thereby allowing him to use comparables that were twice the square footage. He also admitted that he sent a copy of the false and fraudulent appraisal, via e-mail, across state lines to the Utah mortgage broker. Thornton is set to be sentenced on September 29, 2011, for his role in the scheme.

Deborah Joyce was sentenced in April to 46 months in prison for her role in the scheme, which ultimately resulted in losses to the lenders on six properties of approximately $2 million. Her husband and co-defendant, Todd Joyce, was sentenced to 18 months for his role.

Greenlee faces up to 20 years in prison and a $250,000 fine when he is sentenced on December 8, 2011. The ongoing investigation is being handled by the Federal Bureau of Investigation and the Internal Revenue Service, Criminal Investigative Division. Assistant United States Attorney Thomas C. Ryan is handling the prosecution.

This case was prosecuted as part of President Obama’s Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.”

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

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

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

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