Federal prosecutors: Defense bid to remove Bulger judge ‘frivolous,’ immunity claim ‘absurd’

July 10, 2012

The Washington Post on July 9, 2012 released the following:

“By Associated Press,

BOSTON — Former mobster James “Whitey” Bulger’s request to remove the judge at his upcoming trial is “frivolous and unsubstantiated” and should be dismissed, federal prosecutors said Monday in a court filing.

Their motion also calls “absurd” a related claim by Bulger’s attorney that the one-time FBI informant shouldn’t be prosecuted on charges he participated in 19 murders because the government promised him immunity for past and future crimes.

Bulger’s attorney J.W. Carney Jr. filed a motion last month to remove Judge Richard Stearns because he was a top federal prosecutor during a period when Bulger is accused of having committed crimes with impunity. The defense motion argued that the judge would do what he could to shield his former colleagues and could not be impartial. Carney said he might call the judge as a witness.

Carney had said he would file a motion to dismiss the charges against Bulger, who’s 82, because “a representative of the federal government” gave Bulger blanket immunity during the 1970s.

A former Bulger cohort, who also was an FBI informant, used a similar defense, which was rejected by the 1st U.S. Circuit Court of Appeals. The cohort is serving a life sentence.

Prosecutors said Bulger “has utterly failed to identify anyone who supposedly promised the defendant immunity from prosecution for committing such crimes as murder. Thus, there is no factual basis for the motion and it should be summarily denied.”

They said the claims in the recusal motion “are little more than unsubstantiated speculation.”

Bulger was captured in Santa Monica, Calif., last year after 16 years on the run. His trial has been set for next March.

His girlfriend, Catherine Greig, who was captured with him, pleaded guilty last March to conspiracy to harbor a fugitive, identity fraud and conspiracy. She admitted she helped Bulger while he was a fugitive, using false identities, accompanying him to medical appointments and picking up his prescriptions. She was sentenced to eight years in prison.

Prosecutors say Bulger and Greig, who’s in her early 60s, posed as married retirees from Chicago and had a stash of more than $800,000 in cash and dozens of weapons in their apartment when they were captured.”

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Douglas McNabb – McNabb Associates, P.C.’s
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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 Say James “Whitey” Bulger’s Alleged Victims Should Address a Federal District Court Judge in Catherine Greig’s Federal Case

April 16, 2012

Boston.com on April 13, 2012 released the following:

“Prosecutors say Bulger victims should address court in Greig’s case

By Milton J. Valencia, Globe Staff

Federal prosecutors say that the families of James “Whitey” Bulger’s alleged victims should be able to address a federal court judge and describe the pains they suffered at the hands of his girlfriend, Catherine Greig, when she is sentenced in June.

Victims of crimes are allowed to provide impact statements in court proceedings, and prosecutors say that Bulger’s alleged victims are Greig’s victims, as well.

“She knew that law enforcement was actively searching for Bulger so that he could be brought to Boston to face charges,” prosecutors said in court filings. “At a minimum, she should have known that her conduct would cause distress to those families.”

Greig, 61, pleaded guilty in March to helping Bulger remain a fugitive, and for identity theft. She helped him go to a doctor’s office and obtain prescriptions, using fake identification, for instance.

She was with him for most of his 16 years on the lam, and they were arrested together on June 22 last year in Santa Monica, Calif., in the same apartment they had been living in since at least 1998.

Greig is slated to be sentenced June 12, and faces up to five years in prison and a $250,000 fine on each of three counts: conspiracy to harbor a fugitive, conspiracy to commit identity theft, and identity theft.

Bulger is slated to go to trial in November.

US District Court Judge Douglas P. Woodlock had asked prosecutors whether Bulger’s victims would be eligible to address the court in Greig’s case, and prosecutors respond that they are, that they suffered “emotional distress.”

“The defendant helped Bulger avoid capture,” prosecutors said. “By doing so, she took an active part in denying the families of the alleged murder victims an opportunity to have Bulger brought to court to face justice. The emotional harm to those families was real and significant.

“For sixteen years, those families faced the prospect that Bulger would never be found and that the alleged murderer of their loved ones would escape justice.””

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

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 and OFAC SDN Sanctions Removal.

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


James ‘Whitey’ Bulger girlfriend, Catherine Greig, agrees to plead guilty to three charges

March 13, 2012

The Boston Globe on March 12, 2012 released the following:

“By Milton J. Valencia and Shelley Murphy, Globe Staff

Catherine Greig, girlfriend of alleged murderous gangster James “Whitey” Bulger, has agreed to plead guilty to charges that she helped him to escape capture while he was on the lam for 16 years.

In a plea agreement filed in federal court today, Greig said she would plead to three charges — conspiracy to harbor a fugitive, conspiracy to commit identity fraud, and identity fraud — without an agreed-upon recommendation for sentencing by the government and her attorney. Greig is slated to go before a federal judge Wednesday.

In a statement of facts signed by Greig, also filed in court, she said, “I engaged in conduct that was intended to help Bulger avoid detection from law enforcement and to provide him with support and assistance during his flight from law enforcement.”

She admitted that she and Bulger had obtained false identification documents including driver’s licenses and Social Security cards of real people.

She admitted that she used one fake identity to pick up medicine and obtain medical services between 2002 and 2011, and used other aliases while dealing with a dentist who treated Bulger while they lived in Santa Monica, Calif.

Greig said she never used the fake identities “to defraud anyone else of money, good or other property, although I do readily agree that I was in possession of the false identities and that I used the false identities to fill out forms to obtain medical services.”

The documents were filed after relatives of people who were allegedly murdered by Bulger met with prosecutors.

Emerging from the hour-long meeting at US District Court in Boston, Tom Donahue and Steve Davis said prosecutors told them that each charge Greig faces carries a maximum five-year sentence, but that, under federal sentencing guidelines, she could serve as little as 32 months in prison. They also said prosecutors had told them that Greig, 60, would not be forced to testify against Bulger and that the government was not seeking forfeiture of her house.

Donahue and Davis said prosecutors didn’t disclose what sentence they would recommend. Prosecutors declined to comment in a statement issued this afternoon.

Donahue said he was disappointed by the news and felt the government should have been tougher on her.

“She helped that guy on the run,” he said. “We could have had these answers 16 years ago. She’s a criminal, she’s not a victim. She’s a criminal,” he said.

Davis said he understood that Greig was not the murderer — Bulger allegedly murdered 19 people — but Davis was disappointed by “the fact that the government has not put a tight enough grip on everything.”

“What they want out of this is they want the conviction,” he said.

Davis’s sister, Debra, was allegedly strangled by Bulger in 1981. Donahue’s father, Michael, was allegedly shot and killed by Bulger in 1982 on the South Boston waterfront.

Relatives of at least four of Bulger’s alleged victims attended the meeting.

Bulger, who fled just before his January 1995 federal racketeering indictment after being warned by his former FBI handler that he was about to be arrested, was a fixture on the FBI’s 10 Most Wanted list. He was finally captured on June 22 in Santa Monica, with Greig, a former dental hygienist who lived in South Boston and Quincy.

The FBI found more than $800,000 cash and 30 weapons hidden inside the walls of the rent-controlled apartment where the couple had lived as Charles and Carol Gasko for at least 13 years, according to the FBI. They also found numerous false identities allegedly used by the couple.

Since they were returned to the Boston area last year, Greig has remained jailed without bail at a Rhode Island facility, and Bulger is being held at the Plymouth County Correctional Facility.

Greig’s attorney, Kevin Reddington, has argued in court that her only crime was falling in love with Bulger and that she had no knowledge of any of his crimes. He also said she would not cooperate against Bulger.”

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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.