“Supreme Court: Defendants must prove abandoning conspiracies to take advantage of time limit”

January 9, 2013

The Washington Post on January 9, 2013 released the following:

“By Associated Press

WASHINGTON — The Supreme Court says it is up to defendants to prove they withdrew from criminal conspiracies in time to take advantage of a five-year statute of limitations on prosecution.

The high court unanimously ruled against Calvin Smith, who was convicted for his role in a drug organization in Washington, D.C.

He says he shouldn’t have been convicted as part of the conspiracy because he was in prison on another crime for the last six years. He argued that the government should be forced to prove that he participated in the conspiracy within the time limit.

But Justice Antonin Scalia says prosecutors only need prove that the conspiracy continued past the statute of limitations cut-off. The justice says the “burden of establishing withdrawal before that cut-off rests upon the defendant.””

Supreme Court Opinion in Smith v. United States, No. 11–8976 (S. Ct. Jan. 9, 2013).

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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.


Camden Man Charged with Allegedly Leading a Large-Scale Crack Cocaine Network

February 16, 2012

The Federal Bureau of Investigation (FBI) on February 15, 2012 released the following:

“In Related Case, Enforcer Pleads Guilty in Connection with Killing Man who Organization Members Believed Stole Their Cocaine

CAMDEN, NJ—A Camden, N.J., man who allegedly led a drug organization that distributed at least 150 kilograms of crack cocaine over a period of 17 years has been arrested and charged for his role in the operation, U.S. Attorney Paul J. Fishman announced.

Jeffrey Jones, aka “Jazzy,” 35, was charged by complaint with conspiracy to distribute cocaine base (crack cocaine) in Camden between 1990 and 2007. He made his initial appearance today before U.S. Magistrate Judge Karen M. Williams in Camden federal court.

“Keeping Jeffrey Jones behind bars protects the public from a criminal charged with dispensing drugs and gun violence on the streets of Camden,” U.S. Attorney Fishman said. “As described in the complaint, Jones headed a criminal organization that for nearly two decades distributed large quantities of a deadly and addictive form of cocaine. And the guilty plea we obtained from one of Jones’ violent enforcers, Larry Reddick, removes another dangerous predator from the streets of Camden.”

According to the complaint:

Jones was a leader of a large-scale organization that distributed at least 150 kilograms of cocaine from multiple locations through the city from 1990 through 2007. Jones had recently completed a five-year federal prison sentence for conspiring to possess firearms as a convicted felon in 2007 and was arrested by FBI agents Feb. 3, 2012, in Williamsport, Pa., upon completion of that sentence.

Jones purchased kilogram quantities of cocaine, along with Mack Jones, aka “Bear,” 39, of Camden, from a cocaine dealer in Camden. Jeffrey Jones converted the powder cocaine into crack cocaine and then redistributed it to the organization’s customers from several locations in different neighborhoods in Camden, including Cramer Hill, Centerville, Whitman Park and downtown Camden. Jeffrey Jones employed multiple workers to assist him in distributing the crack cocaine and he and other members of the conspiracy carried firearms while engaged in their drug trafficking activities.

Law enforcement agents received information from at least seven different cooperating witnesses who described Jeffrey Jones’ role in the drug trafficking organization and its operations in the City of Camden. While involved in drug traffcking activities, Jeffrey Jones was previously arrested or stopped by law enforcement on the following occasions:

Jeffrey Jones was arrested in Camden on Aug. 24, 1997, after a foot chase with a Camden Police officer. At the time of his arrest, Jeffrey Jones had over 200 grams of crack cocaine and officers recovered a 9-mm semi-automatic handgun with a defaced serial number that he had discarded during the chase.

On Dec. 16, 2001, Jeffrey Jones and Mack Jones were arrested by Camden police officers after two semi-automatic handguns were recovered from their vehicle.

On June 24, 2004, Jeffrey Jones and another male were arrested by Camden Police at 9th and Central Street in Camden, one block from a drug trafficking location run by Jeffrey Jones at 8th and Central. Jeffrey Jones and the other male were found to be in possession of more than $10,000 in cash and when questioned about the money, Jeffrey Jones stated that everyone had to take losses once in a while and suggested that the officers should treat their families to a vacation on him.

On Nov. 29, 2006, Jeffrey Jones and two other males were stopped by Virginia police officers in a rental car traveling through the Commonwealth of Virginia. The vehicle was ultimately searched and recovered from the vehicle was over $93,000 in cash and nine cell phones.

On Sept. 27, 2007, Jeffrey Jones and three co-conspirators were arrested in Camden after a vehicle they were riding in was stopped by Camden police. All four males were arrested and four handguns were recovered by the police officers. Jeffrey Jones pled guilty to conspiring to possess firearms as a convicted felon and was sentenced to five years in prison.

The conspiracy count with which Jones is charged carries a minimum potential penalty of 10 years in prison, and a maximum sentence of life in prison and a $4 million fine.

In a related case, on Feb. 10, 2012, Larry Reddick, 36, a/k/a “Lac,” of Camden, appeared before U.S. District Judge Robert B. Kugler and entered a plea of guilty to a Superseding Information charging Reddick with conspiring to distribute cocaine base in Camden with Jeffrey Jones, Mack Jones, Hashim Johnson, 31, a/k/a “Hash,” of Camden, and others from 1998 through January 2008.

Reddick was also charged with using a firearm in furtherance of a drug trafficking crime in the intentional killing of Brian “Pepe” Parker on Jan. 5, 2000 at the Tioga Tavern in Camden. During the plea hearing, Reddick admitted in response to Judge Kugler’s questions that he and other members of the drug organization planned to kill Parker because they believed he was responsible for stealing a quantity of crack cocaine from a stash house in Camden in the months before his murder. Reddick admitted providing the two handguns used in the murder and waiting with his co-conspirator outside the Tioga Tavern at closing time for Parker to come outside. When Parker left the bar that night at closing time, Reddick and his co-conspirator (an unidentified member of the drug organization) chased Parker back into the bar at gunpoint and Reddick shot Parker multiple times at close range until Parker fell to the ground. Reddick and his co-conspirator then ran from the bar after the shooting.

According to the government, Reddick’s role in the drug conspiracy included acting as an armed “enforcer” for Hashim Johnson, Jeffrey Jones, and Mack Jones.

Under the terms of the plea agreement, it is being recommended to the court that Reddick be sentenced to 246 monhs in prison on each count of the superseding Information and serve 10 years of supervised release upon release from prison. Judge Kugler deferred ruling on whether to accept the plea pending completion of the pre-sentence report.

U.S. Attorney Fishman credited special agents of the FBI, Cherry Hill Resident Agency, under the direction of Special Agent in Charge George Venizelos of the Philadelphia office, and the Drug Enforcement Administration’s Camden Resident Office, under the direction of Special Agent in Charge Brian R. Crowell, for the investigation which lead to these charges. He also thanked the Camden County Prosecutor’s Office, under the direction of Prosecutor Warren Faulk; the Camden Police Department, under the direction of Chief Scott Thompson; and the N.J. State Police, under the direction of Col. Rick Fuentes, Superintendent.

The government is represented by Assistant U.S. Attorneys Patrick C. Askin and Howard Wiener of the U.S. Attorney’s Office Criminal Division in Camden.

The charges and allegations contained in the complaint are merely accusations and the defendant is presumed innocent unless and until proven guilty.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal 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.


Ten Charged in Superseding Indictment for Alleged Racketeering and Narcotics Activity

September 14, 2010

A federal grand jury in the District of Columbia returned a superseding indictment today charging 10 individuals with narcotics and firearms offenses, federal racketeering conspiracy, and three murders in aid of racketeering activity, in connection with an ongoing investigation into a drug organization that operated in Barry Farm and other neighborhoods within the District of Columbia and the larger metropolitan area. The charges were announced today by U.S. Attorney Ronald C. Machen Jr., Shawn Henry, Assistant Director in Charge of the FBI’s Washington Field Office, Cathy L. Lanier, Chief of the Metropolitan Police Department (MPD), Salvatore R. Lauro, Chief of the U.S. Park Police (USPP), and Roberto L. Hylton, Chief of the Prince George’s County Police Department.

The individuals initially were charged in a six-count federal indictment on March 10, 2010, with conspiracy to distribute and possess with intent to distribute phencyclidine (PCP), heroin, cocaine and crack cocaine, within the District of Columbia and Maryland, and related drug charges. The original indictment covered criminal activities from August 2009 through March 2010.

The superseding indictment returned today stems from a continuing investigation of the individuals’ alleged drug organization and several acts of violence supposedly attributable to them. It covers crimes dating to 2006 and broadens the case to include newly filed racketeering and murder charges.

The government may be obtaining new information either from those already charged that have entered into cooperation agreements in hopes of a lesser sentence, or from other sources. It is also important to remember that an indictment does not require any evidence, nor is an indictment evidence of guilt itself.

As set forth in the superseding indictment, the drug organization began operating as early as 2006 with Mark Pray allegedly in charge. The superseding indictment alleges that Mark Pray, 29, enlisted family members, friends, and individuals known to him from Barry Farm and elsewhere to distribute controlled substances. The indictment alleges that members of the Pray Drug Organization regularly carried firearms to promote and protect the drug enterprise and its interests; that members of the enterprise committed, attempted, and threatened to commit acts of violence, including murder and robbery, to protect and expand the enterprise’s criminal operations; and further alleges that members of the enterprise promoted a climate of fear through violence and threats of violence.

The superseding indictment specifically charges Mark Pray and two co-defendants, Alonzo Marlow, 30, and Kenneth Benbow, 30, for their respective roles in three separate murders committed in aid of the charged racketeering activity, in the District of Columbia and Maryland, between 2008 and 2010. One killing was of a government witness, Crystal Washington, 44, who was shot to death April 10, 2009 in the District of Columbia. She was slain one business day before the start of a D.C. Superior Court trial at which Washington was to testify for the government against Mark Pray and three other individuals.

The indictment charges Mark Pray and Alonzo Marlow, who functioned as an “enforcer” for the Pray Drug Organization, with Washington’s death. Pray and Marlow also are charged with the January 13, 2010, murder of Jheryl Hodge 20, in the District of Columbia. According to the indictment, Marlow shot Hodge several times, in broad daylight, in the middle of the Barry Farm neighborhood. Pray and Kenneth Benbow are charged with the murder of Van Johnson Jr., 28, which took place September 24, 2008, in Prince George’s County.

In addition to Pray, Marlow and Benbow, the others indicted include: Randolph Danson, 25, Robert McMillan, 25, Timothy Moon, 23, Robert Smith, 31, Charles Wade, 25, Herman Williams, 19, and Larry Williams, 29.

All of the named individuals will be arraigned on the superseding indictment in the U.S. District Court for the District of Columbia on a date to be determined by the Court. All of the individuals face sentences from 10 years to life in prison if convicted.

The federal Murder in Aid of Racketeering charges against Mark Pray, Alonzo Marlow, and Kenneth Benbow are punishable by life imprisonment.

Because these individuals will be tried in a federal court, the Federal Sentencing Guidelines will apply if convicted.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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.

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