Former U.S. Consulate Guard Pleads Guilty to Attempting to Communicate National Defense Information to China

August 31, 2012

The Federal Bureau of Investigation (FBI) on August 30, 2012 released the following:

“WASHINGTON— Bryan Underwood, a former civilian guard at a U.S. Consulate compound under construction in China, pleaded guilty today in the District of Columbia in connection with his efforts to sell for personal financial gain classified photographs, information, and access related to the U.S. Consulate to China’s Ministry of State Security (MSS).

At a hearing today before U.S. District Judge Ellen S. Huvelle, Underwood pleaded guilty to one count of attempting to communicate national defense information to a foreign government with intent or reason to believe that the documents, photographs, or information in question were to be used to the injury of the United States or to the advantage of a foreign nation.

The guilty plea was announced by Lisa Monaco, Assistant Attorney General for National Security; Ronald C. Machen, Jr., U.S. Attorney for the District of Columbia; James W. McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; and Eric J. Boswell, Assistant Secretary of State for Diplomatic Security.

Underwood, 32, a former resident of Indiana, was first charged in an indictment on August 31, 2011, with two counts of making false statements and was arrested on September 1, 2011. On September 21, 2011, he failed to appear at a scheduled status hearing in federal court in the District of Columbia. The FBI later located Underwood in a hotel in Los Angeles and arrested him there on September 24, 2011. On September 28, 2011, Underwood was charged in a superseding indictment with one count of attempting to communicate national defense information to a foreign government, two counts of making false statements, and one count of failing to appear in court pursuant to his conditions of release. Sentencing for Underwood has been scheduled for November 19, 2012. He faces a maximum potential sentence of life in prison.

“Bryan Underwood was charged with protecting a new U.S. Consulate compound against foreign espionage, but, facing financial hardship, he attempted to betray his country for personal gain,” said Assistant Attorney General Monaco. “This prosecution demonstrates that we remain vigilant in protecting America’s secrets and in bringing to justice those who attempt to compromise them.”

“Bryan Underwood was determined to make millions by selling secret photos of restricted areas inside a U.S. Consulate in China,” said U.S. Attorney Machen. “His greed drove him to exploit his access to America’s secrets to line his own pockets. The lengthy prison sentence facing Underwood should chasten anyone who is tempted to put our nation at risk for personal gain.”

“Bryan Underwood sought to benefit from his access to sensitive information, but his attempted betrayal was detected before our nation’s secrets fell into the wrong hands,” said FBI Assistant Director in Charge McJunkin. “Together with our partners, the FBI will continue to work to expose, investigate, and prevent acts of espionage that threaten our national security.”

“The close working relationship between the U.S. Department of State’s Diplomatic Security Service, the FBI, and the U.S. Attorney’s Office resulted in the capture and conviction of Bryan Underwood before he could harm the security of our country,” said Assistant Secretary of State Boswell. “The Diplomatic Security Service is firmly committed to thoroughly investigating all potential intelligence threats to our nation.”

According to court documents, from November 2009 to August 2011, Underwood worked as a cleared American guard (CAG) at the construction site of a new U.S. Consulate compound in Guangzhou, China. CAGs are American civilian security guards with top secret clearances who serve to prevent foreign governments from improperly obtaining sensitive or classified information from the U.S. Consulate. Underwood received briefings on how to handle and protect classified information as well as briefings and instructions on security protocols for the U.S. Consulate, including the prohibition on photography in certain areas of the consulate.

Plan to Sell Information and Access for $3 Million to $5 Million

In February 2011, Underwood was asked by U.S. law enforcement to assist in a project at the consulate, and he agreed. In March 2011, Underwood lost a substantial amount of money in the stock market. According to court documents, Underwood then devised a plan to use his assistance to U.S. law enforcement as a “cover” for making contact with the Chinese government. According to his subsequent statements to U.S. law enforcement, Underwood intended to sell his information about and access to the U.S. Consulate to the Chinese MSS for $3 million to $5 million. If any U.S. personnel caught him, he planned to falsely claim he was assisting U.S. law enforcement.

As part of his plan, Underwood wrote a letter to the Chinese MSS expressing his “interest in initiating a business arrangement with your offices” and stating, “I know I have information and skills that would be beneficial to your offices [sic] goals. And I know your office can assist me in my financial endeavors.” According to court documents, Underwood attempted to deliver this letter to the offices of the Chinese MSS in Guangzhou but was turned away by a guard who declined to accept the letter. Underwood then left the letter in the open in his apartment hoping that the Chinese MSS would find it, as he believed the MSS routinely conducted searches of apartments occupied by Americans.

In May 2011, Underwood secreted a camera into the U.S. Consulate compound and took photographs of a restricted building and its contents. Many of these photographs depict areas or information classified at the secret level. Underwood also created a schematic that listed all security upgrades to the U.S. Consulate and drew a diagram of the surveillance camera locations at the consulate. In addition, according to his subsequent statements to U.S. law enforcement, Underwood “mentally” constructed a plan in which the MSS could gain undetected access to a building at the U.S. Consulate to install listening devices or other technical penetrations.

According to court documents, the photographs Underwood took were reviewed by an expert at the State Department’s Bureau of Diplomatic Security who had original classification authority for facilities, security, and countermeasures at the U.S. Consulate. The expert determined that many of the photographs contained images classified at the secret level and that disclosure of such material could cause serious damage to the United States.

In early August 2011, Underwood was interviewed several times by FBI and Diplomatic Security agents, during which he admitted making efforts to contact the Chinese MSS, but falsely claimed that he took these actions to assist U.S. law enforcement. On August 19, 2011, Underwood was again interviewed by law enforcement agents, and he admitted that he planned to sell photos, information, and access to the U.S. Consulate in Guangzhou to the Chinese MSS for his personal financial gain.

The U.S. government has found no evidence that Underwood succeeded in passing classified information concerning the U.S. Consulate in Guangzhou to anyone at the Chinese MSS.

This investigation was conducted jointly by the FBI’s Washington Field Office and the State Department’s Bureau of Diplomatic Security. The prosecution is being handled by the U.S. Attorney’s Office for the District of Columbia and Trial Attorney Brandon L. Van Grack from the Counterespionage Section of the Justice Department’s National Security Division.”

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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.


Eric Holder appoints 2 US attorneys to lead leaks probe

June 9, 2012

Boston Herald on June 9, 2012 released the following:

“By Associated Press

WASHINGTON — Two U.S. attorneys are taking over separate FBI investigations into leaks of national security information that critics have accused the White House of orchestrating to improve President Barack Obama’s re-election chances, a claim Obama calls “offensive” and “wrong.”

Recent news articles contained details of U.S. involvement in a partially successful computer virus attack on Iran’s nuclear program and on the selection of targets for counterterrorism assassination plots. The leaked information generally painted Obama as a decisive and hands-on commander in chief.

“The notion that my White House would purposely release classified national security information is offensive. It’s wrong,” Obama told reporters at a news conference Friday. “And people I think need to have a better sense of how I approach this office and how the people around me here approach this office.”

Obama promised investigations into the source of leaks about U.S. involvement in cyberattacks on Iran and drone strikes on suspected terrorists.

“We’re dealing with issues that can touch on the safety and security of the American people, our families or our military personnel or our allies, and so we don’t play with that,” he said.

Hours later, Attorney General Eric Holder announced that two U.S. attorneys will lead a pair of criminal investigations already under way into possible unauthorized disclosures of classified information within the executive and legislative branches of government.

Holder said he was confident the prosecutors would follow the facts and evidence wherever they led.

“The unauthorized disclosure of classified information can compromise the security of this country and all Americans, and it will not be tolerated,” he said.

Holder assigned Ronald Machen, the U.S. attorney for the District of Columbia, and Rod Rosenstein, the U.S. attorney for the District of Maryland, to direct separate probes that are already being conducted by the FBI.

Three weeks ago, FBI Director Robert Mueller said the bureau had launched an investigation into who leaked information about an al-Qaida plot to place an explosive device aboard a U.S.-bound airline flight. Separately, calls from Capitol Hill have mounted urging a leak probe into a New York Times [NYT] story a week ago about U.S. involvement in cyberattacks on Iran.

Obama said his administration has “zero tolerance” for such leaks and that there would be an internal administration probe.

“We have mechanisms in place where if we can root out folks who have leaked, they will suffer consequences,” the president said. “In some cases, it’s criminal. These are criminal acts when they release information like this. And we will conduct thorough investigations, as we have in the past.”

Leaders of the Senate and House intelligence committees said Thursday they were drafting legislation to further limit access to highly classified information and possibly impose new penalties for revealing it. The chairman of the House Intelligence Committee said he will investigate recent leaks.

Lawmakers have pointed to recent stories by The New York Times, The Associated Press and other news organizations that contain previously secret information and cite anonymous U.S. officials.

The strongest claims came Tuesday from Obama’s 2008 election opponent, Sen. John McCain, R-Ariz.

“They’re intentionally leaking information to enhance President Obama’s image as a tough guy for the elections,” McCain said after taking to the Senate floor to list some of the alleged breaches. “That is unconscionable.”

McCain called on the administration to appoint an outside special counsel to investigate.

In a statement Friday, McCain and Sen. Lindsey Graham, R-S.C., said Holder’s decision “falls far short of what is needed” and repeated McCain’s call for a special counsel.

The House Intelligence Committee chairman, Rep. Mike Rogers, R-Mich., said his committee would formally investigate the leaks but that he was concerned about the level of cooperation he would get from two government agencies.

“Just today, the CIA informed the (committee) that it cannot respond to our request for information regarding the leaks, a very troubling event indeed,” Rogers said.

The CIA has come under fire for allegedly sharing with Hollywood filmmakers classified details of last year’s U.S. raid into Pakistan that killed Osama bin Laden.

A Justice Department official, who spoke on condition of anonymity to discuss sensitive information, said that some officials in the department’s national security division recused themselves from one of the leak probes but that the department overall was investigating.

There are at least three investigations ongoing into disclosures of classified information.

Before becoming U.S. attorney, Machen helped lead the white-collar and internal investigation practices at the prominent Washington law firm of WilmerHale. He served as an assistant U.S. attorney from 1997 to 2001.

Machen is leading a high-profile political corruption probe of officials in the District of Columbia. The latest development in that investigation came this week when District of Columbia Council chairman Kwame Brown resigned after being charged with lying about his income on bank loan applications and violating a city campaign law.

Brown pleaded guilty Friday.

Rosenstein was an associate independent counsel who worked for Whitewater prosecutor Ken Starr from 1995 to 1997. He was co-counsel in the fraud trial of Jim and Susan McDougal, the former real estate partners of Bill and Hillary Rodham Clinton. Both of the McDougals were convicted in a trial that also resulted in the conviction of then-Arkansas Gov. Jim Guy Tucker.

The chairman of the House Judiciary Committee, Rep. Lamar Smith, R-Texas, said he hopes that the Justice Department brings “the full force of the law against these criminals.”

“We need to send a clear message to anyone who considers leaking sensitive information and putting Americans at risk: If you leak classified information, you will face jail time,” Smith said in a statement.

The chairman of the Senate Judiciary Committee, Sen. Patrick Leahy, D-Vt., called Machen and Rosenstein “strong, capable, independent prosecutors” and said the Justice Department’s consultation with the Judiciary and Intelligence committees was an aid to congressional oversight.”

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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.


Edwards Verdict Shows Clemens Need Not Fear Taint Of Reputation

June 4, 2012

Bloomberg on June 3, 2012 released the following:

“By David Glovin

Jurors tend to look past a criminal defendant’s reputation, no matter how odious, to render verdicts based on fact and law, lawyers said after former presidential candidate John Edwards won an acquittal and mistrial last week.

Federal jurors in Greensboro, North Carolina, on May 31 acquitted Edwards of one charge of using illegal campaign contributions to hide an extramarital affair and couldn’t decide about five other counts. They did so after hearing evidence that Edwards cheated on his dying wife and lied to the public about fathering a child with his paramour.

The verdict sends an encouraging signal to Roger Clemens, the former Major League Baseball pitcher now on trial in Washington for lying to Congress about his use of steroids, said Douglas Godfrey, a professor who teaches criminal law at Chicago-Kent College of Law.

“While we would all acknowledge that Edwards and Clemens are not nice guys and they behaved in very bad ways, that’s not the same as violating the law,” Godfrey said in a telephone interview. “Just because you’re an arrogant SOB or philanderer, that’s not the same as committing a crime.”

Edwards’s acquittal and mistrial came 11 months after a Florida jury acquitted Casey Anthony, an Orlando mother accused of killing her 2-year-old daughter, and 22 years after a New York City jury rendered a not guilty verdict in the racketeering case of Imelda Marcos, the former Philippines first lady ridiculed for owning more than 1,000 pair of shoes. In those cases and others, public opinion had turned so harshly against the defendants that a conviction seemed almost an afterthought.

Then the jury weighed in.

Jury Speaks

“It’s a great affirmation of our jury system that people like Casey Anthony and John Edwards, who are personally unlikable and in many ways despicable, can still sit in front of a jury of 12 people and have those 12 people judge them based on the evidence,” said Marc Mukasey, a former federal prosecutor who is now in private practice at Bracewell & Giuliani LLP.

Edwards, a former Democratic U.S. senator from North Carolina and presidential contender in 2008, was accused of violating campaign finance laws by accepting almost $1 million from multimillionaire heiress Rachel “Bunny” Mellon and Fred Baron, a now-deceased trial attorney, to conceal an affair. The case marked the first time the government prosecuted someone for campaign violations when money was paid to a third party.

Jurors deliberated for nine days before reaching their partial verdict. They couldn’t agree on counts that included a claim that Edwards conspired to protect his candidacy by secretly soliciting and accepting the funds and causing his campaign to file false reports with the Federal Election Commission.

He’s unlikely to be retried, a person familiar with the matter said last week.

Adultery, Arrogance

Except for the defendants’ notoriety — Edwards for adultery and Clemens for arrogance — the two cases have few similarities, said Stefan Passantino, who heads the political law team at McKenna Long & Aldridge in Washington. Lying to Congress, which Clemens is accused of, is a far more established crime than the conduct for which Edwards was on trial, he said.

Still, both defendants have had to confront the prospect that jurors would convict because of their reputations. The Edwards jury didn’t, in part because defense lawyers shifted the focus to ex-campaign aide Andrew Young, who acted as a go- between on transactions involving Mellon and Baron and used some of their money to build his own $1.5 million home.

Defense attorney Abbe Lowell also addressed the character issue head-on.

‘Moral Wrongs’

“John Edwards may have committed many moral wrongs but he did not commit a legal one,” Lowell told jurors during his closing argument. “He was a bad husband and lied to his family but there is not a remote chance that he violated campaign finance laws or committed a felony.”

Marcellus McRae, a former federal prosecutor who is now at Gibson Dunn & Crutcher LLP in Los Angeles, said jurors were attentive enough to the case’s nuances to see past Edwards’s reputation.

“Perceptions about personalities don’t govern verdicts,” he said. “In Edwards, personality didn’t rule.”

While Clemens is a seven-time Cy Young Award winner as the best pitcher in his league, he also ranks 14th in Major League Baseball for hitting 159 batters with pitches during his career.

Hurled Bat

Lawyers for Clemens, whose reputation for abrasiveness grew after he hurled a bat at an opposing player and because of his performance before Congress, have been taking a page from Edwards’s book. The ex-pitcher’s defense has been focused on tearing down the credibility of the government’s only eyewitness, Brian McNamee, Clemens’s former trainer.

McNamee testified he gave Clemens injections of steroids and human-growth hormone.

Clemens’s lawyer, Rusty Hardin, got McNamee to admit he’d lied to federal investigators and accused him of alcohol abuse and engaging in a fraudulent scheme to obtain diet pills.

“The facts are very different, the personalities are different,” Robert Mintz, a former federal prosecutor who’s now a partner with McCarter & English LLP in Newark, New Jersey, said of the Clemens and Edwards cases.

‘Positive Message’

“But if there’s any positive message that Clemens can draw out of the Edwards verdict, it’s that jurors will look beyond whatever antipathy they may feel regarding their personal conduct and do their best to make a decision based solely on the facts and law presented to them at the trial,” Mintz said in a telephone interview.

Jacob Frenkel, a former Securities and Exchange Commission lawyer who is now with Shulman Rogers Gandal Pordy & Ecker PA in Potomac, Maryland, said it’s proven lying, and not reputation, that puts many celebrity defendants behind bars. He pointed to Martha Stewart, who was sentenced to six months in prison in 2004 for obstructing justice by lying to prosecutors, and baseball player Barry Bonds, the career home-run record-holder who was convicted last year of obstructing justice for deceiving a grand jury.

Clemens is accused of obstructing justice and perjury.

“It is the acts of lying or obstruction that often are the downfall,” Frankel said in a telephone interview.

It’s not only Clemens who may take comfort in the Edwards verdict, said Michael Kendall, a partner at McDermott Will & Emery in Boston and a former federal prosecutor. In New York, Rajat Gupta, who was once a director of Goldman Sachs Group Inc. (GS) and who ran McKinsey & Co. from 1994 to 2003, is defending against charges that he leaked inside information to hedge fund co-founder Raj Rajaratnam.

Public Hostility

If Edwards could win an acquittal, so might Gupta, even amid public hostility to bankers and Wall Street in the wake of the 2007 financial crisis, he said.

“There are a thousand ways to derail a prosecution,” Kendall said in a telephone interview. “There’s an incredible common sense in collective good judgment in the jury system.”

The Edwards case is U.S. v. Edwards, 11-cr-161, U.S. District Court, Middle District of North Carolina (Greensboro). The Clemens case is U.S. v. Clemens, 10-cr-223, U.S. District Court, District of Columbia (Washington). The Gupta case is U.S. v. Gupta, 11-cr-907, U.S. District Court, Southern District of New York (Manhattan).”

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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.


Chipotle says prosecutors probing it for securities law violations related to hiring practices

May 23, 2012

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

“By Associated Press

DENVER — Chipotle Mexican Grill Inc. said on Tuesday that federal prosecutors are investigating the company for possible criminal violations of securities laws related to its hiring practices.

The Department of Homeland Security’s immigration enforcement unit is already probing the company for compliance with employee work authorization laws. The company said Friday that the Securities and Exchange Commission has also issued a subpoena regarding its compliance with work authorization requirements.

The company disclosed the latest probe, by the U.S. Attorney for the District of Columbia, in a SEC filing on Tuesday.

The restaurant chain, which is based in Denver, said it is cooperating with the investigations.

In 2010, following questions from federal immigration officials, Chipotle fired about 450 Minnesota employees who couldn’t prove they were eligible to work in the U.S. Federal officials then requested worker authorization documents for employees in Virginia and the nation’s capital. That investigation continues. The company has said that it is following the law.

Shares of Chipotle rose $2.23, less than 1 percent, to close at $395.56 on Tuesday. Shares have ranged from $267.43 to $442.40 in the past 12 months.”

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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.


ICEgate? High ranking intel officials linked to Palestinian money laundering

May 15, 2012

Examiner.com on May 7, 2012 released the following:

By Jim Kouri

“What at first appeared to be government officials involved in embezzlement to the tune of more than a half-billion dollars now appears to be also connected to a Palestinian money-laundering operation, according to several Law Enforcement Examiner sources.

A top U.S. intelligence chief pleaded guilty last week as a result of a far-reaching federal fraud investigation that nabbed a total of five members of the Department of Homeland Security and may be connected to funnel money to a Palestinian ring, according to a report obtained by the National Association of Chiefs of Police and the Law Enforcement Examiner.

James M. Woosley, the acting director of intelligence for DHS’s Immigration and Customs Enforcement (ICE) pleaded guilty to defrauding the government of more than $180,000 in a scheme involving fraudulent travel vouchers, and time and attendance claims, according to court documents.

The 48-year old former resident of Tucson, Arizona, pleaded guilty in the U.S. District Court for the District of Columbia to a charge of conversion of government money, according to the Department of Justice.

Four other suspects pleaded guilty to charges related to the Woosley case: Ahmed Adil Abdallat, 64, an ICE supervisory intelligence research specialist, pleaded guilty in October 2011; William J. Korn, 53, an ICE intelligence research specialist, pleaded guilty in December 2011; Stephen E. Henderson, 61, a former contractor doing work for ICE, pleaded guilty in January 2012; and Lateisha M. Rollerson, 38, an assistant to Woosley, pleaded guilty in March 2012. Abdallat pleaded guilty in the Western District of Texas, and the others pleaded guilty in the District of Columbia.

Between February 2009 and September 2010, ICE Supervisory Intelligence Research Specialist Ahmed Adil Abdallat also traveled from El Paso, Texas to Washington, D.C. more than ten times, according to records submitted to DHS. Abdallat did so at the recommendation of the ICE Supervisor, and Abdallat submitted fraudulent travel vouchers for expenses that he did not incur, so that he could kick back money to the ICE Supervisor, according to former U.S. Congressman Tom Trancredo, who remains active in monitoring U.S. immigration policy and agencies in the United States.

As a result of the fraudulent travel vouchers, ICE reimbursed Abdallat a total of approximately $116,392.84. Abdallat kept some of the money, but kicked back approximately $58,550 to the ICE Supervisor, Rollerson and another individual, according to court records.

Ahmed Adil Abdallat was sentenced to a mere 12 months in prison for illegal use of a diplomatic passport and submitting fake travel receipts to ICE. According to federal sentencing guidelines, he should have received up to 10 years in federal prison for his unlawful use of a diplomatic passport.

All told, the actions of the various defendants cost taxpayers upwards of $600,000.

“[On May 2] James Woosley became the fifth – and highest-ranking – individual to plead guilty as part of a series of fraud schemes among rogue employees and contractors at ICE,” said U.S. Attorney Ronald C. Machen Jr., District of Columbia.

“He abused his sensitive position of trust to fleece the government by submitting phony paperwork for and taking kickbacks from subordinates who were also on the take. This ongoing investigation demonstrates our dedication to protecting the taxpayer from corrupt government employees and contractors,” Machen added.

According to the government’s evidence, with which Woosley agreed, between May 2008 and January 2011, Woosley participated in fraudulent activity involving travel vouchers, and time and attendance claims. In addition, from June 2008 until February 2011, Woosley was aware of or willfully overlooked fraudulent activity of ICE employees or contract employees under his supervision, such as Palestinian Ahmed Adil Abdallat, a supervisory intelligence specialist.

The other employees included Rollerson, who he met in or about 2007, while he was deputy director for ICE’s Office of Intelligence. Woosley and Rollerson developed a close, personal relationship. In or about May 2008, Rollerson was hired as an intelligence reports writer for a company that did contract work for ICE. Later that year, she was hired by ICE as an intelligence research specialist.

This placed her first in the chain of command under Woosley, and she later became Woosley’s personal assistant. Rollerson’s official duty station was in Washington, D.C., and she lived in Virginia, with Woosley.

Rollerson helped Woosley and the other participants with the paperwork to support the fraudulent payments they later received.

A Palestinian Connection?

According to investigative journalist and radio commentator Debbie Schlussel, suspect Ahmed Adil Abdallat, a Palestinian, served as an intelligence analyst for ICE. And his boss Woosley, the ICE Intelligence chief, could not say anything about it because he is a co-conspirator with Abdallat in submitting phony expense documents to ICE for reimbursement.

“The money, stolen from American taxpayers who paid it to fund this country’s national security, is probably going to fund Islamic terrorism and is definitely going to a multi-million dollar Palestinian money-laundering ring and its bank accounts in Jordan. The Muslim ICE official [had] a US-government-issued diplomatic passport, which he misuse[d] for eight personal trips to Jordan to see Muslim brothers” wrote Schlussel.

“Homeland Security and the Justice Department are minimizing these parts of the story and are succeeding. But the truth is that this is a major national security breach and a gargantuan example of the failure of political correctness and pan-Muslim affirmative action in federal law enforcement agencies” Schlussel stated.

U.S. District Judge Amy Berman Jackson, appointed to the court in 2011 by President Barack Obama, scheduled sentencing of Woosley for July 13, 2012. Under federal guidelines, Woosley faces a likely sentence of 18 to 27 months in prison as well as a potential fine.

In addition, as part of his plea agreement, he agreed to forfeiture of the money he wrongfully obtained. This case was investigated by the DHS Office of Inspector General, the FBI’s Washington Field Office and the ICE’s Office of Professional Responsibility.

“The fact that the investigation was handled by the Homeland Security Department and its components instead of by the FBI or other federal investigators is highly suspicious to me. These were high-ranking U.S. intelligence officials who were stealing larges sums of money without the slightest hesitation. Could not these same officials compromise national security or worse?” asks former military intelligence officer and police detective Sid Franes.

“Are Americans getting the whole story? Or are we once again facing yet another political agenda?” he asks.”

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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: Clemens wove a ‘tangled web of lies’

April 24, 2012

Houston Chronicle on April 23, 2012 released the following:

“By Stewart M. Powell and Regina Garcia Cano

WASHINGTON – Federal prosecutors on Monday portrayed Roger Clemens as a man who tainted his legendary baseball success story with lies, deceit and betrayal, ending with a grand finale of dishonesty when he lied to the nation and Congress.

In a 65-minute opening statement to the jury of 10 women and six men, prosecutor Steve Durham said the retired multimillionaire pitcher wove a “tangled web of lies” to cover up his use of performance-enhancing drugs during a distinguished career.

And as much as Clemens angled to stay one step ahead of legal scrutiny over a 10-year-period, prosecutors contend, he was nevertheless indicted on six felony counts of lying to Congress in 2008.

Clemens had a choice between coming to Washington, D.C., and telling the truth to Congress “and admitting some mistakes along the way – or to lie,” Durham declared. “He made that choice to become entrapped in a web of his own making. He couldn’t get out of it, and that’s why we’re here.”

Clemens’ first trial on the charges ended in a mistrial last year, after prosecutors introduced banned evidence.

His lead defense lawyer, Rusty Hardin, elected to deliver his opening statement Tuesday. Defense lawyers have insisted the high-profile congressional hearing in 2008 was little more than a “show trial” designed to pit Clemens’ account against contradictory testimony by former strength coach Brian McNamee to set the stage for perjury charges against Clemens.

Maintains innocence

Clemens insists he never used steroids, never lied to Congress and did not impede any aspect of the congressional inquiry into Major League Baseball’s so-called “steroid era.”

His lawyers contend Congress had no legitimate legislative purpose for convening the high-profile inquiry launched by Rep. Henry Waxman, D-Calif., then chairman of the panel.

The prosecutor’s opening argument Monday afternoon followed rival lawyers’ jockeying over the scope of testimony by a variety of prospective witnesses, including pitcher Andy Pettitte and congressional staffer Philip Barnett.

U.S. District Judge Reggie Walton handed a victory to the defense team by excluding potential “guilt by association” testimony by Pettitte that he obtained human growth hormone from McNamee, the same strength coach who claims to have injected Clemens.

On the other hand, Walton ruled congressional staffer Phil Barnett, former chief of staff of the House Committee on Oversight and Government Reform, could testify about Congress’ purpose for convening the wide-ranging inquiry that ensnared Clemens.

Durham told jurors that Barnett would help establish that Congress was looking into the “role model effect” of professional athletes using anabolic steroids and not targeting Clemens.

Of the 16 jurors drawn from the District of Columbia during a four-day screening process, 10 are African-American and six are white. When questioned during jury screening, many said they hadn’t heard of Clemens.

Jury’s Houston ties

Two members of the panel have ties to Houston. A former Houston elementary schoolteacher who graduated from Texas Southern University with the late Rep. Mickey Leland, D-Houston, subsequently moved to Washington for a career in management. Another juror was a 1986 Rice University graduate who went on to attend Yale School of Management before serving as a senior U.S. Treasury official on risk assessment for institutions, exchanges and insurers.

Clemens’ wife, Debbie, sat in on the morning session but was ordered from the courtroom by Walton during opening arguments because she is expected to be a witness in the trial.”

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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.


Virginia Businessman Pleads Guilty to Federal Money Laundering Charge in Investigation of Federal Government Contracts

April 19, 2012

7thspace.com on April 18, 2012 released the following:

“WASHINGTON— James Edward Miller, 64, the owner of a Virginia-based construction management company, pleaded guilty today to a federal charge of conspiracy to commit money laundering in connection with an ongoing investigation into the awarding of millions of dollars of contracts by the United States Army Corps of Engineers.

The plea was announced by United States Attorney for the District of Columbia Ronald C Machen, Jr; James W McJunkin, Assistant Director in Charge of the FBI’s Washington Field Office; Eric Hylton, Acting Special Agent in Charge of the Washington Field Office of the Internal Revenue Service-Criminal Investigation (IRS-CI); Peggy E Gustafson, Inspector General for the Small Business Administration (SBA); Robert E Craig, Special Agent in Charge of the Mid-Atlantic Field Office of the Defense Criminal Investigative Service (DCIS); and Major General David E Quantock, the Commanding General of the United States Army Criminal Investigation Command (CID).

Miller, formerly of Virginia Beach, Virginia, pleaded guilty in the United States District Court for the District of Columbia. A sentencing date has not been set. The charge carries up to 20 years in prison as well as potential fines and an order of restitution. As part of the plea agreement, Miller must forfeit a money judgment of $4,055,063 and forfeit specific property, including bank account funds, a property in Virginia Beach, three vehicles, diamond rings, and other jewelry.

Miller is the sixth person to plead guilty to charges stemming from an investigation into a scheme that unfolded from 2007 to 2011.

The scheme allegedly involved two former managers for the United States Army Corps of Engineers, various businesses and executives, more than $20 million in bribes and kickback payments, and the planned steering of a government contract that potentially was worth about $1 billion.

Miller’s role in the crimes is described in a statement of offense that he signed as part of his plea agreement. Miller was the owner of Big Surf Construction Management LLC, a company based in Virginia Beach that was involved in residential and commercial construction projects. He was a close friend of another businessman, Harold Babb, the director of contracts at Eyak Technology (EyakTek), a business with an office in Dulles, Virginia.

In 2008, Babb proposed that Miller use Big Surf to obtain government contracts awarded by the United States Army Corps of Engineers. Under the plan, Big Surf would be hired by EyakTek as a subcontractor.

Initially unbeknownst to Miller, Babb was already involved in a conspiracy with, among others, Kerry F Khan, then a program manager for the United States Army Corps of Engineers, and Ananke LLC, a company that was controlled by Khan.

The statement of offense identifies three subcontracts awarded and paid by EyakTek to Big Surf in 2008 and 2009, totaling more than $8 million. Of this money, Big Surf channeled more than $3.6 million from the first two subcontracts to Ananke. According to the statement of offense, Babb directed Miller to pay another $2.9 million, from the third subcontract, to Ananke. However, Miller allegedly reneged on the plan and Big Surf kept the money.

As a result, a fourth intended subcontract, worth about $1.9 million, was canceled.

In the early stages, according to the statement of offense, Miller believed that Ananke was actually providing services for the money. However, by the time of the second contract, he knew that Ananke was not providing services to EyakTek or the Army Corps of Engineers. He also understood that Babb was using his position at EyakTek to facilitate the award of orders to Big Surf in exchange for payments from Big Surf directly and indirectly to Babb.

Indeed, during the scheme, Miller and Big Surf provided a number of benefits to Babb, including cash payments, an investment in real estate, and money for a Porsche.

Babb, 60, pleaded guilty in March 2012 to federal charges of bribery and unlawful kickbacks. He is awaiting sentencing.

Khan, 54, was indicted in September 2011 on one count of conspiracy to commit bribery and wire fraud and aiding and abetting and causing an illegal act to be done, as well as one count of bribery and one count of conspiracy to commit money laundering. He pleaded not guilty.

In the overall investigation, to date, the United States has seized for forfeiture or recovered approximately $7.2 million in bank account funds, cash and repayments, 19 real properties, six luxury cars, and multiple pieces of fine jewelry.

In announcing the plea, United States Attorney Machen, Assistant Director McJunkin, Acting Special Agent in Charge Hylton, Inspector General Gustafson, Special Agent in Charge Craig, and Major General Quantock thanked those who investigated the case from the FBI’s Washington Field Office; the Washington Field Office of IRS-CI; the Office of the Inspector General for the SBA; DCIS; the Defense Contract Audit Agency; and the United States Army CID. They also expressed thanks to the United States Marshals Service for its assistance on the forfeiture matter.

They also praised the efforts of those who worked on the case from the United States Attorney’s Office for the District of Columbia, including Assistant United States Attorneys Michael K Atkinson and Bryan Seeley of the Fraud and Public Corruption Section and Assistant United States Attorney Anthony Saler of the Asset Forfeiture and Money Laundering Section. Finally, they expressed thanks for assistance provided by former Special Assistant United States Attorney Christopher Dana; Forensic Accountant Maria Boodoo; Paralegal Specialists Tasha Harris, Shanna Hays, Taryn McLaughlin, Sarah Reis, Christopher Samson, and Nicole Wattelet and Legal Assistant Krishawn Graham.”

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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 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.