5 Are Charged in Alleged Schemes at Agency on Housing

June 6, 2012

The New York Times on June 5, 2012 released the following:

“By JOSEPH GOLDSTEIN

By the time Wendell B. Walters, a former top official at a New York City agency that builds affordable housing, pleaded guilty to accepting bribes in March, he was known to be cooperating with the F.B.I. and federal prosecutors.

On Tuesday, details of what Mr. Walters has so far told the authorities began to emerge, as federal prosecutors in Brooklyn charged five more people in bribery and kickback schemes involving the city’s Department of Housing Preservation and Development, where Mr. Walters was an assistant commissioner until last year.

The charges provide further details about the $2.5 million in bribes and other benefits Mr. Walters has pleaded guilty to accepting, and also assert that he was not the only corrupt official with oversight of the city’s affordable housing program.

A criminal complaint charged one Brooklyn contractor, Panayiotis Papanicolaou, who had received contracts for several Department of Housing Preservation and Development projects, with paying $12,390 to send Mr. Walters on a honeymoon trip to Greece. A real estate developer, William B. Clarke, subsidized $50,000 worth of renovations to Mr. Walters’s home, according to a second criminal complaint, which charges that Mr. Walters promised to help Mr. Clarke’s company secure subsidies for an affordable housing project in the Bronx in return.

Prosecutors also charged a current department official, Michael Provenzano, 49, with receiving a $10,000 annual retainer between 2004 to 2009 from a contractor who wanted inside information from the agency. Mr. Provenzano supervised the inspectors who visit work sites and began providing the contractor with paperwork from the agency’s site inspections, prosecutors said.

This allowed the contractor to tailor his payrolls to match what the housing agency had observed at the job sites, prosecutors said. In fact, prosecutors said, laborers at the contractor’s job sites were routinely paid less than the required prevailing wage, and the remaining money was used to hire illegal immigrants.

Prosecutors also charged a housing official who left the agency earlier this year, Luis Adorno, 48, with participating in a kickback scheme.

The five criminal complaints unsealed against the various defendants on Tuesday in Federal District Court in Brooklyn do not mention Mr. Walters by name. But several of the complaints mention a cooperating witness who appears to be Mr. Walters; the witness is described as someone who began working at the housing agency in 1998 and rose to the level of assistant commissioner before pleading guilty this year.

“Instead of fulfilling their charge to create affordable housing for deserving New Yorkers, these defendants looked for ways to line their own pockets,” the United States attorney in Brooklyn, Loretta E. Lynch, said in a statement. The five defendants were in court on Tuesday afternoon and entered pleas of not guilty, Robert Nardoza, a spokesman for the United States attorney’s office, said.”

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

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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.


Bruno trial ready for February

May 30, 2012

TimesUnion.com on May 30, 2012 released the following:

“Jury selection for second trial of ex-Senate majority leader set to begin Feb. 4 in Albany

By Brendan J. Lyons

ALBANY — The second criminal trial of former state Senate Majority Leader Joseph L. Bruno is scheduled to begin in February.

A federal judge on Tuesday met with federal prosecutors and Bruno’s defense attorneys for the first time since Bruno was indicted May 3 on two felony mail fraud charges. The attorneys discussed the scheduling of pre-trial motions, and the judge set a Feb. 4 trial date.

Bruno is charged with depriving the state of his honest services by allegedly using his political leverage to benefit a business associate and friend, Jared E. Abbruzzese of Loudonville.

Bruno’s dealings with Abbruzzese led to a conviction on two counts of honest services fraud at Bruno’s first trial, which ended in December 2009. The law used to convict Bruno was later retooled by a U.S. Supreme Court ruling that declared honest services convictions must include allegations of a bribe or kickback, and Bruno’s conviction was vacated last fall.

A mid-level appeals court in Manhattan rejected Bruno’s arguments that he not face a second trial. The panel ruled there was enough evidence to support a new indictment, and the court ruled federal prosecutors could seek new charges on a theory that Bruno had received kickbacks.

Bruno, 83, did not attend Tuesday’s meeting in the chambers of U.S. District Senior Judge Gary L. Sharpe, according to court minutes.

In May 2010, Sharpe sentenced Bruno to two years in prison for his conviction on two of the eight counts of honest services fraud contained in the earlier indictment. The sentence was vacated after Bruno’s 2009 conviction was overturned.

The new indictment alleges Bruno received $440,000 in payments from Abbruzzese that were “disguised as ‘consulting’ payments and $80,000 in payments for a virtually worthless horse.”

The investigation of Bruno, called Operation Green Pastures, began in late 2005 when FBI agents started examining his use of private jet aircraft supplied by Abbruzzese, his horse-breeding partner. Abbruzzese flew Bruno to Kentucky horse country, New York City and exclusive Florida golf resorts — including trips that were largely bankrolled by Abbruzzese.”

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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

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.


Federal prosecutors seek secrecy veil for material to be given to indicted Arizona legislator

May 25, 2012

The Republic on May 24, 2012 released the following:

“THE ASSOCIATED PRESS

PHOENIX — Federal prosecutors say pretrial material they plan to give an indicted Arizona legislator contains confidential and sensitive information related to other investigations.

Prosecutors make that disclosure in a motion asking a federal judge to order that state Rep. Ben Arredondo and his defense team be ordered to keep the information secret.

The motion says the other investigations are both active and closed and that some of the information concerns witnesses.

Arredondo was indicted last week on bribery and other charges. The charges accuse the Tempe Democrat of soliciting and accepting sports tickets from undercover FBI agents and of disclosing confidential city information to the agents.

The indictment said the agents posed as representatives of a business trying to acquire city-owned property.

Arredondo’s attorney has said Arredondo will plead not 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

————————————————————–

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.


US prosecutors: Ex-Mexican governor’s Texas properties bought with bribes from drug cartels

May 23, 2012

The Washington Post on May 22, 2012 released the following:

“By Associated Press

McALLEN, Texas — Federal prosecutors allege the former governor of a Mexican state bordering Texas accepted millions of dollars in bribes from drug cartels and invested the money in Texas real estate.

The allegations were levied in two property forfeiture cases filed Tuesday against Tomas Yarrington, who served as governor of Tamaulipas state from 1999 to 2004. No criminal charges have been filed.

Yarrington’s attorney says he’s reviewing the documents.

Yarrington was named earlier this year in the federal indictment of a man charged with money laundering in San Antonio. That indictment alleged leaders of the Gulf and Zetas cartels paid millions to Institutional Revolutionary Party members, including Yarrington.

In the forfeiture cases, U.S. authorities are trying to confiscate a condominium in South Padre Island and a 46-acre property in San Antonio.”

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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.


Bribery Case at Wal-Mart May Widen

May 18, 2012

The New York Times on May 17, 2012 released the following:

“By STEPHANIE CLIFFORD

As Wal-Mart reported higher-than-expected first-quarter earnings on Thursday, it suggested in a regulatory filing that the scope of an internal investigation into bribery accusations had widened beyond the retailer’s subsidiary in Mexico.

The company reported that the audit committee of the Wal-Mart Stores board was examining possible violations of the Foreign Corrupt Practices Act and “other alleged crimes or misconduct in connection with foreign subsidiaries, including Wal-Mart de México.” It was the first public disclosure by the company that the internal inquiry could involve additional subsidiaries, though none was named.

The regulatory filing also confirmed that Wal-Mart is the subject of investigations by the Securities and Exchange Commission and the Justice Department. And while Wal-Mart said in December that it did not expect the bribery accusations and their fallout to hurt the company, it backed away from that assertion on Thursday.

“Although the company does not presently believe that these matters will have a material adverse effect on its business, given the inherent uncertainties in such situations, the company can provide no assurance that these matters will not be material to its business in the future,” the filing said.

A Wal-Mart spokesman, David Tovar, declined to comment further on the filing.

The disclosures on Thursday caught some analysts by surprise. Faye Landes, an analyst with Consumer Edge Research, wrote in a note to clients that the new information was “dramatic.”

“They can’t leave any stone unturned,” Ms. Landes said. “Now they have to make sure that everything is squeaky clean.”

The New York Times reported last month that Wal-Mart had found credible evidence that its Mexican subsidiary had paid bribes and that an internal inquiry into the matter had been suppressed at corporate headquarters in Arkansas.

Also on Thursday, two congressmen who are looking into Wal-Mart’s activities in Mexico said they had internal company documents that showed the company’s former general counsel had pushed for an investigation of some transactions in Mexico before she resigned in 2006.

Representatives Elijah E. Cummings and Henry A. Waxman reiterated a request that Wal-Mart brief them on the bribery accusations, and asked that Wal-Mart authorize the former general counsel to speak to them. Mr. Tovar said Wal-Mart had already scheduled an initial briefing with the congressmen’s staffs, and was working to schedule another session.

Egan-Jones Proxy Services, which advises institutional investors, recommended on Thursday that shareholders vote against re-electing Wal-Mart’s chief executive, Michael T. Duke, and a board member, H. Lee Scott Jr., in June because of accusations that they were involved in the bribery case.

In a call with investors, Mr. Duke said, “We are working aggressively to determine what happened, and we will take appropriate action if violations of the law or our policies occurred.” Asked in a call with reporters to give an update on the timeline of the investigation or expectations about June’s shareholder meeting, Mr. Tovar, the Wal-Mart spokesman, declined to comment.

Wal-Mart also warned in Thursday’s filing that its reputation could be affected by the bribery scandal, with inquiries from the media and law enforcement authorities affecting the “perception among certain audiences of its role as a corporate citizen.”

Possible outcomes include enforcement actions that could lead to fines or criminal convictions; judgments against the company from shareholder lawsuits; and costs from the government’s investigations, from its own investigation and from defending itself against the lawsuits, the filing said.

The company “cannot predict at this time the ultimate amount of all such costs.” Further, the inquiry could involve some senior executives, and that could “could impinge on the time they have available to devote to other matters relating to the business.”

David Strasser, an analyst for Janney Capital Markets, said in a note to clients that the market was getting comfortable with the impact of the bribery accusations. He said he believed the investigations would “be more about fines and perhaps personal repercussions, but the broader implications for the Wal-Mart franchise will remain somewhat modest.”

The new disclosures on Thursday came as Wal-Mart reported its quarterly results, which were higher than analysts had expected.

Profit rose 10 percent to $3.74 billion, or $1.09 a share, 5 cents per share more than analysts had expected. Revenue increased 8.6 percent to $112.3 billion.

In the United States, sales at stores open at least a year rose 2.6 percent versus the same quarter last year. That was the best quarterly same-store sales result in three years.

Charles M. Holley Jr., the chief financial officer, said in a call with reporters that while shoppers continued to be on tight budgets, they were responding to the wider array of merchandise and cheaper prices that Wal-Mart had been bringing in.

“We still see what we call the paycheck cycle,” he said, “where the customer has the cash and will spend money early when they get the paycheck, and as the paycheck runs out, it gets a little harder.”

Wal-Mart said its business in the United States was particularly strong in areas like hunting and fishing and in home and outdoor goods.

Apparel, which the company has long struggled with, posted its first positive comparable-store sales figure in six years. Mr. Holley said that the company’s focus on cheap prices had helped, and that women’s workout apparel, jeans and underwear were popular. “We sold a lot of underwear in the first quarter,” he said.

The company’s Sam’s Club warehouse unit posted a 5.3 percent increase in same-store sales, excluding fuel, helped by extra marketing efforts for its grocery business.

Internationally, sales grew 10.9 percent, adjusted for currency fluctuations.

Mr. Holley said that the Mexico investigation had so far not affected plans for store openings in Mexico and its overseas growth expectations.”

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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.


Father and son plead guilty in multimillion-dollar federal bribery scheme

May 18, 2012

The Washington Post on May 18, 2012 released the following:

“By Clarence Williams

A former program manager for the Army Corps of Engineers and his son pleaded guilty Thursday to federal charges in a scheme that paid out more than $30 million worth of bribes and kickbacks as payments for steering multimillion dollar government contracts, federal prosecutors said.

Kerry F. Khan, 54, of Alexandria, pleaded before Judge Emmet G. Sullivan in the U.S. District Court in the District to charges of bribery and conspiracy to commit money laundering, officials said in a statement.

“Today, the ringleader of the largest bribery and bid-steering scheme in the history of federal contracting accepted responsibility for his crimes,” U.S. Attorney for the District Ronald Machen said in the statement. “For his shocking abuse of his position of power, Kerry Khan faces more than two decades in prison.”

Kahn’s son, Lee A. Kahn, 31, of Fairfax also pleaded guilty to a charge of conspiracy to commit money laundering. The elder Khan worked for the Army Corps of Engineers from 1994 until he was arrested by federal authorities in October 2011. His position gave him authority to place orders for products and services through federal contracts, and he also certified that work orders were completed, officials said.

The father and son were among four men arrested in October on charges of conspiring to commit bribery and wire fraud. Authorities accused the men of inflating invoices during a four-year period and then collecting tens of millions of dollars for themselves and co-conspirators.

Prosecutors said Kerry Khan signed a statement of offense that said that in or around 2006, he and colleagues agreed to work together to obtain government contracts for corrupt contractors who would reward them with bribes. Authorities said their investigation continues, but they have found eight people to have have been part of this scheme.

Among others, Kerry Khan and Michael A. Alexander, also an Army Corps of Engineers program manager, worked with Harold F. Babb, a contractor, on their plot to use a company called EyakTek as a vehicle for channeling contracts awarded by the Army Corps of Engineers. EyakTek then hired subcontractors that submitted fraudulently inflated estimates or prices for equipment and services, authorities said.

The subcontractors kicked back a significant portion of the excess funds to Kerry Khan and Alexander as bribes for keeping the money flowing their way, officials said.

Prosecutors said Khan and his son admitted to establishing multiple corporations and shell companies to hide the money and purchase real estate, including several houses and condos. Lee Khan managed the portfolio of properties and automobiles purchased using the bribe money, by leasing the homes to tenants or selling vehicles, officials said.

A sentencing date has not been set for either man. Kerry Khan faces a maximum 15-year sentence for the bribery charge and up to 20 years in prison for the conspiracy charge. Babb and Alexander pleaded guilty to federal charges earlier this year.

The men will remain held through the sentencing, officials said.”

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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 Mail Fraud Crimes

————————————————————–

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.


Superseding Indictment Charges Former New York State Senate Majority Leader Joseph L. Bruno with Alleged Scheme to Defraud Citizens of His Honest Services

May 3, 2012

The Federal Bureau of Investigation (FBI) on May 3, 2012 released the following:

Explicitly Charges Bribery and Kickback Theory, Pursuant to Decision of the U.S. Court of Appeals for the Second Circuit

ALBANY, NY— A federal grand jury in Albany returned a superseding indictment today against Joseph L. Bruno, the former New York State Senate majority leader. Bruno is charged with carrying out a scheme to defraud the state of New York and its citizens of the right to his honest services through bribery and kickbacks by soliciting and accepting payments from an Albany businessman totaling $440,000. Bruno will be arraigned this afternoon at 2:00 p.m. before United States Magistrate Judge David R. Homer in Albany, New York.

Today’s indictment follows a trial and an appeal. In December of 2009, a jury convicted Bruno of two counts of honest services fraud. Then, in 2010, the United States Supreme Court decided United States v. Skilling, holding that the honest services statute criminalizes only fraudulent schemes involving bribes or kickbacks. On November 16, 2011, the United States Court of Appeals for the Second Circuit issued an opinion vacating Bruno’s conviction and authorizing a retrial, as requested by the United States. The Court of Appeals noted that the jury had been instructed pursuant to the law in effect at the time of the trial, which had not required bribery or kickbacks to constitute honest services fraud, but the subsequent Skilling decision had changed the law. In determining that a retrial was proper, the Court of Appeals reviewed the case against the elements of honest services fraud as altered by Skilling and held that the evidence presented at trial was sufficient for a reasonable jury to find that Bruno accepted “payments that were intended to and did influence his conduct as a public official,” and to find that “Bruno’s actions deprived New York citizens of his honest services as a New York senator under the standard announced in Skilling.” The Court of Appeals also endorsed the government’s proposal to seek a superseding indictment, commenting: “While the indictment alleges sufficient facts to support a bribery charge, it does not explicitly charge a bribery or kickback theory, and does not contain language to the effect that Bruno received favors or gifts ‘in exchange for’ or ‘in return for’ official actions. It would be preferable and fairer, of course, for the government to proceed on explicit rather than implicit charges, and as the government intends to seek a superseding indictment, we dismiss the indictment, without prejudice.”

United States Attorney Richard S. Hartunian said: “Based on the decision issued by the Second Circuit, a federal grand jury has returned a superseding indictment today charging Joseph L. Bruno with depriving New York of his honest services through bribery, kickbacks, and the exploitation of his official position for personal enrichment. Before Skilling, a trial jury determined that Bruno committed honest services fraud, and the Court of Appeals determined that the evidence presented at that trial was sufficient to convict Bruno under the Skilling standard. We look forward to having an impartial jury consider this superseding indictment and the evidence in this case as soon as possible.”

According to the indictment:

  • Bruno solicited payments from an Albany businessman who directed that several companies pay Bruno a total of $440,000. The payments were disguised as “consulting” payments and $80,000 in payments for a virtually worthless horse. Bruno did not perform legitimate consulting work commensurate with the money that he was paid; the horse payments were to make up for expected consulting payments that had been stopped; and Bruno accepted the payments knowing, understanding, and believing that (a) he was not entitled to the payments; (b) the payments were made in return for official acts as opportunities arose rather than being given for reasons unrelated to his office; and (c) his reasonably perceived ability to influence official action, at least in part, motivated the making of the payments.
  • The payments gave the Albany businessman greater access to the New York State Senate majority leader than was available to the other citizens of New York state. In return for the payments, Bruno would and did perform official acts benefitting the interests of the Albany businessman and his companies as opportunities arose, including (a) in or about February 2004, Bruno directed the award of a $250,000 grant to Evident Technologies, Inc.; (b) in or about April 2004, Bruno recommended that the Albany’s businessman’s partner be appointed to the board of the New York Racing Association; (c) in or about July 2005, Bruno directed the award of a $2.5 million grant to the Sage Colleges for the benefit of Evident Technologies, Inc.; (d) in or about the fall of 2005, Bruno sought the acceleration of the award of the NYRA franchise; and (e) in or about November 2005, Bruno sought the dismissal of certain NYRA officials.

An indictment is merely an accusation, and Bruno is presumed innocent unless and until proven guilty. None of the other persons or entities identified in the indictment have been accused of federal criminal violations. If convicted, Bruno faces a maximum sentence of up to 20 years’ imprisonment and fines of up to $250,000 on each of the two counts of the indictment under the federal mail fraud statute.

The investigation which led to this indictment was conducted by the Albany Division of the Federal Bureau of Investigation. The United States is represented in this prosecution by Assistant United States Attorneys Elizabeth C. Coombe and William C. Pericak.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

————————————————————–

To find additional federal criminal news, please read Federal 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.