“Sentencing Commission in sweeping review of prison terms for drug dealers”

August 16, 2013

The Guardian on August 15, 2013 released the following:

By: Dan Roberts in Washington

“The US Sentencing Commission has voted unanimously to begin a sweeping review of federal sentences for drug dealers in a move that could herald long-awaited reductions in America’s prison population.

Just days after attorney general Eric Holder called for a new approach to the so-called “war on drugs”, the commission met in Washington to agree a new policy priority that potentially goes far further than the Department of Justice can in lowering sentences.

As anticipated, the independent government agency, which issues sentencing guidelines to federal judges, will now spend the next few weeks reviewing its “drug quantity table” – the grid that determines prison lengths for dozens of different categories of offence – before publishing new recommendations in January.

A reduction in sentencing guidelines could still be blocked by Congress, but Holder’s speech on Monday has coincided with a new mood of reform in Washington that reverses decades of political pressure to increase penalties for drug dealers. His comments were welcomed by Senate judiciary committee chair Patrick Leahy and leading Republicans such as senator Rand Paul.

Currently the guidelines in the commission’s drug quantity table can result in first-time offenders facing sentences of 19 to 24 years, with no parole, for possession of the maximum quantities of heroin, crack or methamphetamine. Even dealers caught with 100g of cocaine can face between 27 and 33 months, according to the table.

A number of specific offences are also subject to mandatory minimum sentences prescribed by Congress, although Holder instructed US prosecutors on Monday to begin circumventing such automatic terms by changing the way they bring charges.

The seven commissioners who voted on the sentencing panel, including five senior judges, are now thought likely to go much further than this by formulating across-the-board changes to the recommended sentences.

Speaking afterwards, Dabney Friedrich, a former associate counsel in the Bush White House who sits on the commission, told the Guardian she thought that pressure in Congress to control the cost of the US prison system would be a key factor in ensuring political support for such a move.

The Department of Justice also issued a supportive statement on Thursday, which welcomed the commission’s progress.

“As the attorney general expressed earlier this week, we think there is much to be done to improve federal sentencing and corrections,” said DOJ official Jonathan Wroblewski. “Moreover, we think the US Sentencing Commission has a very big role to play in shaping that reform.”

In a statement issued after its meeting, the commission noted that drug offenders account for nearly half of all federal inmates, and that “an adjustment to the drug quantity tables in the sentencing guidelines could have a significant impact on sentence lengths and prison populations.”

“With a growing crisis in federal prison populations and budgets, it is timely and important for us to examine mandatory minimum penalties and drug sentences, which contribute significantly to the federal prison population,” added Judge Patti Saris, chair of the commission.

“The Commission is looking forward to a serious and thoughtful reconsideration of some of the sentencing guidelines which most strongly impact the federal criminal justice system,” she said. “I am glad that members of Congress from both parties and the Attorney General are
engaged in similar efforts.”

The Commission also pledged to work with Congress to reduce the “severity and scope of mandatory minimum penalties and consider expanding the ‘safety valve’ statute which exempts certain low-level non-violent
offenders from mandatory minimum penalties”. It will pass its final amendments to Congress in May.

Political reaction to the recent sentencing developments has been broadly positive. Senator Leahy said was pleased at Holder’s call for a review of mandatory minimum sentences.

Although he believes long sentences are appropriate in some cases, but the veteran Democrat said it believes judges should be given more flexibility rather than relying on mandatory requirements.

Others have expressed concern however at the new mood sweeping Washington.

William Otis, a former federal prosecutor at Georgetown University, said stiffer sentences in recent decades had contributed to lower crime rates.

“Two generations ago, in the 1960s and 1970s, our country had the wholly discretionary sentencing system Holder admires. For our trouble, we got a national crime wave,” he wrote in a USA Today op-ed.

“We have every right to instruct judges that some offenses are just too awful to allow an overly sympathetic jurist to burst through a congressionally established floor.””

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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.


“Lance Armstrong Under Investigation for Obstruction, Witness Tampering and Intimidation: Exclusive”

February 7, 2013

ABC News on February 5, 2013 released the following:

“By NEAL KARLINSKY

Federal investigators are in the midst of an active criminal investigation of disgraced former Tour de France champion Lance Armstrong, ABC News has learned.

The revelation comes in stark contrast to statements made by the U.S. Attorney for Southern California, Andre Birotte, who addressed his own criminal inquiry of Armstrong for the first time publicly on Tuesday. Birotte’s office spent nearly two years investigating Armstrong for crimes reportedly including drug distribution, fraud and conspiracy — only to suddenly drop the case on the Friday before the Super Bowl last year.

Sources at the time said that agents had recommended an indictment and could not understand why the case was suddenly dropped.

Today, a high level source told ABC News, “Birotte does not speak for the federal government as a whole.”

According to the source, who agreed to speak on the condition that his name and position were not used because of the sensitivity of the matter, “Agents are actively investigating Armstrong for obstruction, witness tampering and intimidation.”

An email to an attorney for Armstrong was not immediately returned.

Earlier Tuesday, during a Department of Justice news conference on another matter, Birotte was confronted with the Armstrong question unexpectedly. The following is a transcript of that exchange:

Q: Mr. Birotte, given the confession of Lance Armstrong to all the things —

Birotte: (Off mic.)

Q: — to all thethings that you, in the end, decided you couldn’t bring a case about, can you give us your thoughts on that case now and whether you might take another look at it?

Birotte: We made a decision on that case, I believe, a little over a year ago. Obviously we’ve been well-aware of the statements that have been made by Mr. Armstrong and other media reports. That has not changed my view at this time. Obviously, we’ll consider, we’ll continue to look at the situation, but that hasn’t changed our view as I stand here today.

The source said that Birotte is not in the loop on the current criminal inquiry, which is being run out of another office.

Armstrong confessed to lying and using performance-enhancing drugs throughout his career in an interview with Oprah Winfrey.

Investigators are not concerned with the drug use, but Armstrong’s behavior in trying to maintain his secret by allegedly threatening and interfering with potential witnesses.

Armstrong is currently serving a lifetime ban in sport handed down by the U.S. Anti-Doping Agency. He has been given a Feb. 6 deadline to tell all under oath to investigators or lose his last chance at a possible break on the lifetime ban.”

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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.


Bulger defense says prosecutor gave immunity

October 25, 2012

The Boston Globe on October 25, 2012 released the following:

“Alleged deal was made decades ago

By Travis Andersen and Milton J. Valencia

Lawyers for James “Whitey” Bulger have identified the late federal prosecutor Jeremiah O’Sullivan as the federal agent who allegedly gave the notorious gangster immunity to commit his reign of terror.

Attorney J.W. Carney Jr. of Boston made the bombshell allegation in a court filing late Wednesday in which he again called for a US District Court judge to recuse himself from presiding over the case. He said the judge has an apparent conflict of interest as a former prosecutor who worked at the same time as O’Sullivan, a former US attorney who died in 2009 at age 66.

Carney said he may call US District Court Judge Richard G. Stearns and other former prosecutors as witnesses to testify about the leeway that the leadership within the US attorney’s office gave Bulger and about their failure for years to charge him with any crimes, which he said would speak to the immunity agreement that Bulger alleges that he had.

Stearns was a former federal prosecutor and chief of the criminal division during part of Bulger’s alleged reign of terror in the 1970s and 1980s. But the judge was not part of the New England Organized Crime Strike Force that had an apparent relationship with Bulger at the time and he has maintained he did not know Bulger was the target of any investigation.

Carney argued there was no line dividing work between the Strike Force and the US attorney’s office, and so prosecutors from both units shared and were aware of investigations.

The judge refused an initial request to recuse himself in ­July, citing the high standards that must be met for a judge to have to recuse himself for conflict of interest concerns.

“I have no doubt whatsoever about my ability to remain impartial at all times while presiding over the case,” Stearns said in his ruling, maintaining he had no knowledge “of any case or investigation” in which Bulger was “a subject or a target.”

But Carney said Bulger’s reputation was well known, or should have been, particularly among leaders in the US attorney’s office.

He also said that the notorious gangster, now 83, will testify to support his assertion. He said Bulger will provide “a detailed account of his receipt of immunity by O’Sullivan,” who was a member of the strike force and at one point its chief.

In one example, Carney said, Bulger will discuss a time when O’Sullivan allegedly ordered Bulger be removed from a list of targets in a horse race-fixing scheme in the early ’80s.

Brian T. Kelly, one of the prosecutors in the case, wrote a letter to Carney on Friday in which he said the government has given defense counsel ample materials pertaining to O’Sullivan, as requested, calling it typical procedure in the case.

He offered on his own, however, that “the First Circuit has already held that O’Sullivan was unaware of any promise of immunity.”

He added, “O’Sullivan himself testified under oath before Congress that he never extended immunity to either James Bulger or Stephen Flemmi.”

Carney added that, in addition to Stearns, he would call other Department of Justice leaders to testify as to why Bulger was never charged by the federal government. Those leaders would include FBI director Robert Mueller, who served as a federal prosecutor and chief of the criminal division in Massachusetts in the early 1980s, and with whom Stearns has a close relationship.

Carney said he will introduce evidence from a courthouse ceremony where Mueller characterized Stearns as a “friend and mentor,” and in which Stearns called the FBI director’s speech “the greatest tribute that a friend could pay.”

Bulger’s lead lawyer questioned whether Stearns could remain impartial in deciding whether he and Mueller could be called as a credible witness to testify about the immunity agreement, which has emerged as Bulger’s main point of defense in a trial that could trigger the death sentence.

“Federal law mandates in this situation that Judge Stearns recuse himself from this case,” Carney said in a 24-page motion filed late Wednesday. “The law — and common sense — says that a person cannot be both judge and witness. . . . To do so otherwise will put an irreparable taint on the public’s view of the fairness of the defendant’s trial, and allow citizens to believe that the infamous cover-up of misconduct by past members of the Department of Justice, the United State’s attorney’s office, and the FBI is continuing.”

Carney said Bulger wasn’t accused of any crimes in a US indictment until after Stearns, Mueller, and O’Sullivan left office, and he argued their testimony will focus on why that didn’t happen. That should be up to a jury to decide, he said.

Bulger was one of America’s Most Wanted until his arrest in June 2011 after 16 years on the lam. He is accused in a federal racketeering indictment of participating in 19 murders.

He is also the notorious gangster at the center of one of the most scandalous periods in the history of the FBI. A series of hearings in Boston in the ’90s exposed a corrupt relationship between him and his FBI handlers. During that time, he was allegedly allowed to carry out crimes including murders in exchange for working as a cooperating witness against the New England Mafia.

Carney has said that Bulger was granted immunity in exchange for his cooperation, though legal analysts have questioned whether anyone could have had a right to kill, as Bulger asserts.

US prosecutors, who have argued Stearns does not have to recuse himself, also deny Bulger had any claim of immunity.

O’Sullivan suffered a heart attack and several strokes in 1998 when he was slated to testify about Bulger and Flemmi before US District Court Judge Mark L. Wolf. O’Sullivan was in a coma for a month.

In 2002, O’Sullivan was called before Congress during the Government Reform Committee’s investigation of the Boston FBI. He denied ever protecting Bulger and Flemmi from prosecution for serious crimes.

O’Sullivan acknowledged dropping the pair from a 1978 race-fixing case against the Winter Hill Gang, of Somerville, because he said he considered them small-time players and was focused on gang leader Howie Winter.”

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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.


Unsealed Federal Criminal Indictment Alleges that 13 Alleged Members of the Hankton Organization Committed Violent Crimes in Aid of Racketeering and Other Serious Federal Crimes

October 20, 2012

The Federal Bureau of Investigation on October 19, 2012 released the following:

“NEW ORLEANS, LA— Walter Porter, 37, a/k/a “Urkel” a/k/a “Moonie”; Nakia Hankton, 34; Shirley Hankton, 58, ; Telly Hankton, 36, a/k/a “Third” a/k/a “Wild”; Thomas Hankton, 36, a/k/a “Squirt”; Troy Hankton, 28; George Jackson, 38, a/k/a “Black”; Derrick Smothers, 34, a/k/a “Dump”; Andre Hankton, 35; Kevin Jackson, 39; Netthany Schexnayder, 33; Sana Johnson, 37; and Terrell Smothers, 36, all of New Orleans, Louisiana, were charged in a 22-count superseding indictment by a federal [g]rand jury on Thursday October 18, 2012, announced Jim Letten, United States Attorney for the Eastern District of Louisiana; Michael Anderson, FBI Special Agent in Charge for the New Orleans Division; and Phil Durham, ATF Special Agent in Charge; along with Jimmy Fox III, DEA Special Agent in Charge; Genny May, United States Marshal, Eastern District of Louisiana; Leon Cannizzaro, Orleans Parish District Attorney; and Ronal Serpas, NOPD Superintendent.

The superseding indictment was unsealed today as most of the defendants were taken into custody by federal agents or were already in custody on related matters. Presently there are no defendants who are considered to be fugitives.

According to the superseding indictment, members of this organization and their associates ran a violent drug ring in and around the city of New Orleans dating back to 1996. During the course of this organization’s existence, its members and associates murdered rival drug dealers, intimidated witnesses, attempted to obstruct the state criminal justice system by having associates provide false alibi testimony in state court, and murdered a witness’ family member in an effort to obstruct justice.

Specifically, Andre Hankton, Telly Hankton, Kevin Jackson, Walter Porter, and Thomas Hankton are all charged in specific murders and could potentially face the death penalty for the murders of Darnell Stewart, Jesse Reed, Hasan Williams, and Curtis Matthews (counts five, six, eight, nine, 10, 11, 15, and 16). No decision concerning this issue has been made at this time. As in all possible capital cases, this case must be reviewed according to a strict protocol to determine whether the Department of Justice will seek the death penalty.

Speaking to today’s unsealed indictment, U.S. Attorney Letten stated:

“Today, as the result of the outstanding work of the men and women of federal enforcement and our partners in the New Orleans Police Department and the District Attorney’s Office, yet another powerful blow has been made against an organization whose members are alleged to have committed murder and violence against our community. My deepest gratitude goes to the dedicated members of our own office, together with special agents of the FBI and ATF, along with DEA and the Marshals Service.”

“Our very special thanks go out to Orleans Parish District Attorney Leon Cannizzaro, NOPD Superintendent Ronal Serpas, and their tremendous team for their commitment, hardwork, professionalism, and partnership. Without NOPD’s investigative work, and the District Attorney’s indispensable charging groundwork, partnership, and seamless cooperation, the full extent of this indictment would not have been achieved.”

Mike Anderson, Special Agent in Charge of the FBI’s New Orleans Field Office, added:

“This investigation is a clear reflection of the FBI’s enhanced commitment to address localized violent street gangs, in partnership with our federal, state, and local law enforcement counterparts. Accordingly, such criminal activity will remain a top investigative priority.”

Phil Durham, Special Agent in Charge of ATF, stated:

“ATF’s primary goal is to work along side our other law enforcement partners to reduce the number of homicides and other violent crimes committed with firearms. This joint effort clearly illustrate our commitment of the federal, state, and local law enforcement agencies to making our communities safer.”

U.S. Attorney Letten reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.

No further information is available at this time.

This indictment is the culmination of a long federal grand jury investigation that was conducted with the assistance of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Drug Enforcement Administration; the United States Marshals Service; the New Orleans Police Department; the New Orleans District Attorney’s Office; and the United States Attorney’s Office for the Eastern District of Louisiana.”

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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.


Two-Count Hate Crime Indictment Returned Against Indiana Man for Alleged Attack on Toledo-Area Mosque

October 19, 2012

The Federal Bureau of Investigation (FBI) on October 18, 2012 released the following:

“A federal grand jury returned a two-count indictment charging an Indiana man with hate crimes stemming from the arson of the Islamic Center of Greater Toledo, law enforcement officials announced today.

Randolph Linn, 52, of St. Joe, Indiana, was charged with (1) intentionally defacing, damaging, and destroying religious real property because of the religious character of that property; and (2) using fire to commit a felony.

“The Department of Justice will aggressively prosecute persons who attack, deface, or damage houses of worship because of racial or religious animus,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We appreciate the cooperation of state, local, and federal law enforcement in their efforts to ensure that no one in this country is hindered in their ability to worship freely in the manner of their choosing.”

“As this department and this community have repeatedly said, we will have zero tolerance for such violent acts of intolerance,” said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio. “Religious freedom is at the core of our country, and we will continue to aggressively prosecute such hate crimes whenever and wherever the evidence warrants. Local, state, and federal law enforcement are to be commended for the speed with which they identified and arrested the suspect.”

Wood County Prosecutor Paul Dobson said, “This case has been a cooperative effort, with state and local law enforcement initiating the investigation and federal agents subsequently stepping in to assist. It is time to take the next step and seek federal prosecution with the active participation of the same state and local investigators. Additionally, an Assistant Prosecutor has been appointed as a Special Assistant U.S. Attorney.”

Stephen D. Anthony, Special Agent in Charge of the Federal Bureau of Investigation’s Cleveland office, said, “Today’s charges should send a clear message to anyone who chooses to use fire and hate to destroy a place of worship. The FBI commends the collaboration between the local and federal agencies in their efforts to bring Randolph Linn swiftly to justice.”

“This senseless act of arson against a house of worship is incomprehensible and will not be tolerated, as ATF will actively pursue and bring those responsible to justice,” said ATF Special Agent in Charge Robin Shoemaker, Columbus Field Division. “The individual(s) responsible for this act will be held accountable. ATF will continue to work in collaboration with our federal and local counterparts to ensure that justice is served.”

Count one charged Linn with intentionally damaging religious real property because of the religious character of that property.

In this case, Linn drove on September 30, 2012, from Indiana to the Islamic Center of Greater Toledo in Perrysburg, Ohio, and, after unlawfully entering the center, used gasoline to set fire to the Islamic Center’s prayer room, according to the indictment.

Count two charged Linn with using fire to commit a felony.

The Perrysburg Township Fire Department was notified at about 4:58 p.m. on September 30 of a fire at the Islamic Center. Officials and officers discovered a red plastic gas can in the middle of the Islamic Center’s prayer room and the carpet underneath had been burned. The fire was extinguished by a sprinkler system and there was significant damage to the prayer room and other areas of the Islamic Center. Officials and officers determined the fire had been intentionally set, according to an affidavit filed in U.S. District Court.

Security cameras at the Islamic Center captured images of a red, SUV-type vehicle in the parking lot at approximately 4:11 p.m. They also captured images of an older man, dressed in blue jeans and camouflage, who approached the front door of the Islamic Center, according to the affidavit.

Security cameras also captured images of the man walking around the inside of the Islamic Center with what appeared to be a firearm and a gas can and then leaving the Islamic Center at approximately 4:54 p.m., according to the affidavit.

Law enforcement officials released still photos of the surveillance video to the media on October 1.

On October 2, a woman contacted law enforcement and identified the man in the photos as Randolph Linn. The woman stated that she knew Linn and that he had recently made anti-Muslim comments. Specifically, she stated that Linn had complained about the international Muslim community’s reaction to the anti-Muslim video on Youtube; recent attacks on United States’ embassies; and the deaths of U.S. military personnel in the Middle East. She further stated that Linn complained that Muslims in this country get a “free pass,” according to the affidavit.

The woman recognized the sweatshirt as one Linn owned and stated that the three months earlier, Linn had purchased a red, SUV-type vehicle that matched the vehicle in the surveillance footage at the Islamic Center, according to the affidavit.

Linn was arrested at his place of employment on October 2. Linn’s vehicle, a red Chevy Sonic, was in the parking lot, according to the affidavit.

Linn stated that he had three firearms in his parked vehicle, according to the affidavit.

While being booked and after being read his Miranda rights, Linn stated, “[expletive] those Muslims,” according to the affidavit.

This case is being prosecuted by Assistant U.S. Attorneys Bridget M. Brennan, Ava Dustin and Special Assistant Gwen Howe-Gebers.

This is an ongoing investigation and this case is being investigated by the Perrysburg Township Police Department; the State of Ohio Fire Marshal; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Federal Bureau of Investigation.”

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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.


FBI: Man tried to open exit door after Delta flight from Boston landed in Salt Lake City

October 17, 2012

The Washington Post on October 16, 2012 released the following:

“By Associated Press

SALT LAKE CITY — The FBI has arrested a man accused of disrupting a Delta Air Lines flight and damaging the airplane by running up the aisle shortly after landing and attempting to open an emergency exit.

Anatoliy N. Baranovich was accused of interfering with a flight from Boston to Salt Lake City on Monday night, according to a complaint filed Tuesday in U.S. District Court.

Federal authorities say Baranovich woke up during the plane’s descent and started yelling in Russian. Baranovich told agents he thought the aircraft’s wing was on fire and was trying to warn others.

Officials say they do not believe he posed a terrorist threat.

Baranovich was carrying a Ukrainian passport and U.S. visa. His age or place of residence were not immediately available.

After the plane touched down, Baranovich got up from his seat and ran to the back of the aircraft, according to the complaint. He then tried to open the emergency exit door as a flight attendant ordered him to stop.

The door jammed and caused an emergency inflatable slide to malfunction, which caused “extensive damage” to the plane’s fuselage, the FBI said.

Several passengers tried to wrestle Baranovich to the ground while he attempted to open another emergency exit door. One passenger forced him to the ground and held him until the plane taxied to a gate, where law enforcement and medical personnel had been called.

Baranovich told agents that he had been visiting family in Ukraine and was headed to Portland, Ore., after a stop in Salt Lake City, according to the FBI. He also told agents he had consumed alcohol while traveling but did not specify when or how much.

A Department of Justice spokeswoman said Baranovich was scheduled to appear in court in Salt Lake City on Wednesday.”

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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.


Five Individuals Charged in Alleged Connection with Death of a Customs and Border Protection Border Patrol Agent; $1 Million FBI Reward Announced

July 9, 2012

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

Individuals Charged Are Allegedly Responsible for Death of Agent Brian Terry

TUCSON, AZ— The indictment charging five individuals involved in the death of United States Border Patrol Agent Brian Terry was unsealed today in Tucson, Arizona, and a reward of up to $1 million for information leading to the arrest of four fugitives was announced by Department of Justice officials.

According to the indictment, Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes, and Lionel Portillo-Meza are charged with crimes including first-degree murder, second-degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, use and carrying a firearm during a crime of violence, assault on a federal officer, and possession of a firearm by a prohibited person. A sixth defendant, Rito Osorio-Arellanes, is charged only with conspiracy to interfere with commerce by robbery.

The 11-count third superseding indictment (Case Number: CR-11-0150-TUC-DCB-BPV), which was handed up by a federal grand jury in the District of Arizona on November 7, 2011, alleges that on December 14, 2010, five of the defendants (Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes, and Lionel Portillo-Meza) engaged in a firefight with Border Patrol agents. During the exchange of gunfire, Agent Terry was shot and killed. The indictment alleges that the defendants had illegally entered the United States from Mexico for the purpose of robbing drug traffickers of their contraband. In addition to the murder of Agent Terry, the indictment also alleges that the five defendants assaulted Border Patrol Agents William Castano, Gabriel Fragoza, and Timothy Keller, who were with Agent Terry during the firefight.

United States Attorney Laura E. Duffy said, “Agent Terry died in the line of duty while protecting his country. But he was more than a federal agent—he was a son, a brother, a co-worker, and a friend to many. The indictment unsealed today reflects the progress our dedicated law enforcement team has made piecing together this complex murder case. But there is more work to be done and we will not rest until we bring justice to the family of Brian Terry.”

“United States Border Patrol Agent Brian Terry made the ultimate sacrifice in December of 2010, while protecting our border,” stated James L. Turgal Jr., FBI Special Agent in Charge, Phoenix Division. “Today’s announcement is an important step forward in the pursuit of justice for Border Patrol Agent Terry and his family. It is our hope that the publicity surrounding this case will lead to information concerning the whereabouts of the remaining four fugitives. The FBI and our law enforcement partners will continue to pursue those individuals responsible for the murder of Border Patrol Agent Brian Terry.”

Manuel Osorio-Arellanes has been in custody since his arrest the night of the shooting. Rito Osorio-Arellanes has been in custody since December 12, 2010, when he was arrested by Border Patrol agents on immigration charges. The indictment is being unsealed today in order to seek the public’s assistance in locating the fugitive defendants.

This case is being prosecuted in federal court in Tucson by attorneys from the Southern District of California, Special Attorneys Todd W. Robinson, David D. Leshner, and Fred A. Sheppard. The U.S. Attorney’s Office for the District of Arizona is recused. This case is being investigated by the Federal Bureau of Investigation.

An indictment is a formal charging document and defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.

Wanted Posters
Ivan Soto-Barraza
Heraclio Osorio-Arellanes
Jesus Rosario Favela-Astorga
Lionel Portillo-Meza”

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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.