“Dallas County Man Charged in Federal Complaint with Unlawfully Entering Restricted Area of Dallas Love Field Airport”

May 2, 2013

The Federal Bureau of Investigation (FBI) on May 1, 2013 released the following:

“DALLAS— Ruben Jimenez Martinez, 36, of Garland, Texas, appeared in federal court this afternoon before U.S. Magistrate Judge Irma C. Ramirez on a federal criminal complaint stemming from his unauthorized entrance into a restricted area of Dallas Love Field Airport on Sunday evening, April 28, 2013. He was ordered detained. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Specifically, the felony complaint charges Jimenez with entering aircraft or an airport area in violation of security requirements. The offense as charged, upon conviction, carries a maximum statutory penalty of up to 10 years in federal prison and a $250,000 fine.

According to the complaint filed, Jimenez, driving a 2007 Chevrolet Tahoe, pulled onto the Dallas Love Field Airport property where private aircrafts are housed. Jimenez approached the gate of a general aviation aircraft business and began pressing buttons on the gate’s access pad. While an employee opened the gate to engage Jimenez through the vehicle’s window, another employee parked his company SUV on the air operations side of the gate to prevent unauthorized vehicles from entering the restricted area. As that employee began to open the door of his vehicle, Jimenez evaded the vehicle and maneuvered around it at a high rate of speed.

Jimenez proceeded onto and down Taxiway Alpha at speeds estimated to be in excess of 100 miles per hour. The business’ employees were unable to catch up with Jimenez and requested assistance. Jimenez’s Tahoe was ultimately located at Associated Air Hanger 3. Jimenez walked through the hanger and, when officers with the Dallas Police Department arrived and cuffed him, he attempted to break free and additional officers arrived to assist in restraining him. Jimenez was arrested and agreed to speak to law enforcement. He advised that he believed God had directed him to Dallas Love Field and, that while he was in the hanger, he yelled “in the name of Jesus” three times.

A federal criminal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. A defendant is entitled to the presumption of innocence until proven guilty.

The matter is being investigated by the FBI, the Transportation Security Administration, the Federal Air Marshal Service, and the Dallas Police Department.

Assistant U.S. Attorney Errin Martin is in charge of the prosecution.”

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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.


Counterfeit sneaker defendant acquitted

October 20, 2012

The Buffalo News on October 19, 2012 released the following:

“BY: PHIL FAIRBANKS

By the time the predawn raids were over, 24 people were rounded up and charged, each one accused of taking part in a multimillion-dollar counterfeit sneaker ring stretching from China to Buffalo.

Five years later, one of the 24 rolled the dice and went to trial, well aware that each of his co-defendants had been convicted.

A federal court jury helped Greg Smiley beat the odds Thursday by finding him not guilty.

“He’s very happy and glad to be heading home to see his family,” said David R. Addelman, Smiley’s defense lawyer.

In understanding why Smiley went to trial – and ultimately got off – while 23 others did not, Addelman believes it is important to understand the defendants’ varying degrees of involvement in the counterfeit sneaker case.

He says Smiley was a relatively small player in the conspiracy, a network that started with manufacturers in China and stretched all the way to two New York City warehouses and ultimately to distribution points in Buffalo and Niagara Falls.

“I don’t think we can read too much into it,” Addelman said of his client’s acquittal. “He was way out there in Atlanta all by himself.”

Prosecutors dismiss the notion that Smiley was anything but a major player in the conspiracy or that the case against him was weaker than against other defendants.

“We certainly felt the case was a strong one,” said U.S. Attorney William J. Hochul Jr. “We charged 24 men and women and 23 were convicted.”

As the owner of Top of the Line Fashions, a small neighborhood clothing store, Smiley stood accused of buying and selling counterfeit Nike sneakers.

From the start, he argued that, yes, he bought the sneakers but no, he had no idea they were fakes.

“The prosecution was, he must have known,” said Addelman. “And the defense was, that’s no way to convict someone.”

The jury seemed to agree even though the prosecution, eager to prove Smiley knew what he was buying, played taped recordings of his conversations with one of the alleged ring leaders, Malik Bazzi.

“He’ll tell you how the whole operation ran,” Assistant U.S. Attorney John E. Rogowski said of Bazzi early on in the trial. “He’ll tell you how he found suppliers. He’ll tell you how he found customers. And most important, he’ll tell you how he knew Greg Smiley.”

Federal agents also testified against Smiley, noting the taped conversations with Bazzi and the repeated delivery of counterfeit sneakers to Smiley’s store in Georgia.

Addelman countered by suggesting the recordings proved very little and that Smiley was nothing more than another victim of the conspiracy.”

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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 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.


Leslie Apisdorf Charged by a Federal Criminal Information Alleging Conspiracy to Commit Wire Fraud for Acts That Resulted in Losses of More Than $300,000

August 28, 2012

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

“A criminal information was filed charging Leslie Apisdorf, age 51, of Chagrin Falls, Ohio, with conspiracy to commit wire fraud for acts that resulted in loss of more than $300,000, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

From on or about October 24, 2005 through on or about February 1, 2009, Apisdorf conspired to defraud financial institutions in connection with the financing of trucks and trailers which were purported to be owned by Mark’s Akron Medina Truck Sales Inc., according to the information.

Apisdorf owned and operated Hazel Financial Ltd., which provided financing through Hazel on vehicles sold and purchased by Mark’s. Both Hazel and Mark’s were located at 2636 Brecksville Road in Richfield, Ohio, according to the information.

It was part of the scheme that between 2005 and 2009, Apisdorf and others submitted false documents to financial institutions which purported to show transactions for the sales of trucks and trailers, according to the information.

In fact, the trucks and trailers submitted for financing were inflated above their market rate, were already collateralized or did not exist, according to the information.

Apisdorf and others received loan proceeds and fees in connection with the financing of trucks and trailers based on false documents, according to the information. As a result of the acts committed by Apisdorf during the time period of the conspiracy, financial institutions suffered total losses of approximately $308,474.

The information is a result of an investigation conducted by Special Agent Jeffrey P. Kassouf with the Federal Bureau of Investigation. This case is being prosecuted by Assistant United States Attorney Henry F. DeBaggis.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal records, if any, the defendant’s role 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.

An information 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

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.


Thirteen Individuals Indicted for Alleged Drug Trafficking in Jackson and Shannon County

August 9, 2012

The Federal Bureau of Investigation (FBI) on August 9, 2012 released the following:

Part of Operation Eagle Eye

United States Attorney Brendan V. Johnson announced that 13 individuals have been indicted by a federal grand jury for drug conspiracy and distribution offenses alleged to have occurred in Jackson County and Shannon County at various times October 2008 through July 2012.

The charges are a result of Operation Eagle Eye, a controlled substances investigation conducted by the Northern Plains Safe Trails Drug Enforcement Task Force, whose member agencies include the Federal Bureau of Investigation, the Bureau of Indian Affairs, the South Dakota Division of Criminal Investigation, the South Dakota Highway Patrol, the Pierre Police Department, and the Oglala Sioux Tribe-Department of Public Safety. In addition to task force members, other agencies assisting in the arrests were the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Martin Police Department; the U.S. Marshals Service; the Drug Enforcement Administration; and the Jackson County Sheriff’s Office.

The individuals charged include the following:

  • Anita Lucine Brown, 58, of Wanblee—charged with one count of conspiracy to distribute marijuana. If convicted, Brown could face a maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, or both.
  • Reed Thomas Brown, Jr., a/k/a “Baby Reed,” 37, of Wanblee—charged with one count of conspiracy to distribute marijuana. If convicted, Brown could face a maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, or both.
  • Clifford Wayne Richards, Jr., a/k/a “Beaver,” 56, of Wanblee—charged with one count of conspiracy to distribute marijuana and three counts of distribution of marijuana. If convicted of conspiracy to distribute marijuana, Richards could face a maximum sentence of 40 years’ imprisonment, a $5,000,000 fine, or both. If convicted of marijuana distribution, Richards could face a maximum sentence of five years’ imprisonment, a $1,000,000 fine, or both.
  • Gerald Baker, Sr., 27, of Interior—charged with one count of distributing marijuana in a school zone. In convicted, Baker could face a maximum sentence of five years’ imprisonment, a $250,000 fine, or both.
  • Casey Bettelyoun, 31, of Wanblee—charged with one count of distributing a substance or mixture containing methamphetamine in a school zone. If convicted, Bettelyoun could face a maximum sentence of 40 years’ imprisonment, a $2,000,000 fine, or both.
  • Roger Bettelyoun, 56, of Wanblee—charged with four counts of distributing marijuana. If convicted, Bettelyoun could face a maximum sentence of five years’ imprisonment, a $250,000 fine, or both.
  • Royce Gone, 32, of Wanblee—charged with one count of distributing marijuana in a school zone. If convicted, Gone could face a maximum sentence of 10 years’ imprisonment, a $1,000,000 fine, or both.
  • Jordan Long Soldier, 40, of Wanblee—charged with two counts of distributing marijuana. If convicted, Long Solider could face a maximum sentence of five years’ imprisonment, a $1,000,000 fine, or both.
  • Angel Provincial, 22, of Wanblee—charged with one count of conspiracy to distribute a mixture and substance containing methamphetamine. If convicted, Provincial could face a maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, or both.
  • Robert Provincial, 32, of Wanblee—charged with one count of conspiracy to distribute a mixture and substance containing methamphetamine. If convicted, Provincial could face a maximum sentence of 20 years’ imprisonment, a $1,000,000 fine, or both.
  • Howard Red Elk, 45, of Wanblee—charged with one count of conspiracy to distribute marijuana in public housing. If convicted, Red Elk could face a maximum sentence of 10 years’ imprisonment, a $500,000 fine, or both.
  • Tyson Red Elk, 22, of Wanblee—charged with one count of conspiracy to distribute marijuana in public housing. If convicted, Red Elk could face a maximum sentence of 10 years’ imprisonment, a $500,000 fine, or both.
  • Virgil Red Elk, 30, of Wanblee—charged with one count of distributing marijuana. If convicted, Red Elk could face a maximum sentence of five years’ imprisonment, a $250,000 fine, or both.

No further details regarding the cases will be available until the individuals have appeared in federal court. The charges contained in the indictment are merely accusations, and all the individuals named in the indictment are presumed innocent unless and until they are proven guilty.

The case is being prosecuted by Assistant United States Attorney Ted McBride.”

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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.


Federal Grand Jury Indicts Five in Connection with an Alleged Credit Card Fraud Scheme Involving the City of Eagle Pass

August 9, 2012

The Federal Bureau of Investigation (FBI) on August 8, 2012 released the following:

“This morning, a federal grand jury in Del Rio returned an indictment charging five Eagle Pass residents, including former city of Eagle Pass Department of Public Works employee Edgar Aguilar, in connection with an estimated $70,000 credit card fraud scheme, announced United States Attorney Robert Pitman, Federal Bureau of Investigation Special Agent in Charge Armando Fernandez, and Eagle Pass Police Chief Tony Castañeda.

The five-count indictment charges the 27-year-old Aguilar, 25-year-old Rene Castillo, 43-year-old Armando Ojeda Nuncio, 39-year-old Ricardo Hernandez-Espinoza, and 30-year-old Elizabeth Vivian with one count of conspiracy to commit credit card fraud. The indictment also charges all of the defendants, with the exception of Vivian, with one substantive count of credit card fraud.

According to the indictment, during 2011, Edgar Aguilar obtained five city of Eagle Pass-owned “Fuelman” credit cards designated for fuel purchases for Public Works department vehicles and distributed them to his co-defendants. The defendants then used those cards to purchase fuel for their own vehicles and to purchase fuel for others at the city’s expense. In some instances, defendants charged individuals a reduced rate for fuel purchased using the city’s credit card and then pocketed the cash.

Upon conviction, each defendant faces up to five years in federal prison and a maximum $250,000 fine on the conspiracy charge. Aguilar, Castillo, Ojeda, and Hernandez-Espinosa are also subject to a maximum 10 years in federal prison and a maximum $250,000 fine upon conviction of the substantive credit card fraud charge. The government is also seeking to have the defendants repay the city of Eagle Pass for the cost of the misappropriated fuel.

This ongoing joint investigation is being conducted by agents with the Federal Bureau of Investigation together with investigators from the Eagle Pass Police Department. Assistant United States Attorney Don McCune is prosecuting this case on behalf of the government.

An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are presumed innocent until proven guilty 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.


Indictment Charges Madison Business Owner with Alleged Fraudulent Art Sales

August 9, 2012

The Federal Bureau of Investigation (FBI) on August 8, 2012 released the following:

“David B. Fein, United States Attorney for the District of Connecticut, and Kimberly K. Mertz, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that a federal grand jury sitting in New Haven returned a 12-count indictment today charging David Crespo, 58, of Guilford with mail fraud and wire fraud offenses stemming from his alleged sale of fraudulent artwork.

The indictment alleges that, from approximately 2005 to February 2011, Crespo, an art dealer who conducted business under the name Brandon Gallery in Madison, defrauded his customers by representing that artwork he sold were original pieces by Pablo Picasso and original signed lithographs by Marc Chagall. Crespo also created documents that falsely supported the provenance of the artwork, which he then provided to customers.

The indictment charges Crespo with nine counts of wire fraud and three counts of mail fraud. If convicted, he faces a maximum term of imprisonment of 20 years on each count.

Crespo has been released on a $50,000 bond since his arrest on April 3, 2012.

U.S. Attorney Fein stressed that an indictment is not evidence of guilt. Charges are only allegations, and each defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.

This matter is being investigated by the Federal Bureau of Investigation and the Madison Police Department. The case is being prosecuted by Assistant United States Attorney Anthony E. Kaplan.”

Federal Mail Fraud Crimes – 18 U.S.C. § 1341

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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.


New Jersey Man Indicted for Allegedly Making Online Threats Against Wegmans CEO and President

July 18, 2012

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

“ROCHESTER, NY—U.S. Attorney William J. Hochul, Jr. announced that Hans Ni, 31, of Trenton, New Jersey, was charged in a two-count indictment with transmitting interstate threats against the CEO and president of Wegmans Food Market. Each of the charges carry a maximum penalty of five years in prison, a $250,000, fine or both.

Assistant U.S. Attorney Richard A. Resnick, who is handling the case, stated that the defendant, a New Jersey resident and former Wegmans employee, is accused of sending threats to kill and murder both the chief executive officer and the president of Wegmans. The threats were sent over the Internet from a fictitious e-mail account from a library in New Jersey. The fictitious e-mail account was in the name of the defendant’s former supervisor at Wegmans, who had been involved in the defendant’s termination from Wegmans in 2005.

A date for the defendant’s arraignment on the charges has not yet been scheduled.

The indictment is the culmination of an investigation on the part of special agents of the Federal Bureau of Investigation Cyber Crimes Task Force, under the direction of Special Agent in Charge Christopher M. Piehota; Cyber Crimes Task Force officers from the Monroe County Sheriff’s Office, under the direction of Sheriff Patrick O’Flynn; and the Rochester Police Department, under the direction of Chief James Shephard.

The fact that a defendant has been charged with a crime is merely an accusation, and the defendant is presumed innocent until and unless proven guilty.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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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.