“High-profile cases drained federal court system, judge says”

September 20, 2013

The Boston Globe on September 20, 2013 released the following:

“By Milton J. Valencia

A series of high-profile cases have begun to financially tax the federal court system in Massachusetts as the system is absorbing budget cuts and is expecting still more hardships, the chief judge of the US District Court in Boston said in a letter released Thursday.

US District Court Chief Judge Patti B. Saris said in a letter to US Senator Elizabeth Warren and addressing the state’s congressional delegation that budget cuts have started to stretch court security and staff, and services such as drug and mental health treatment and legal representation.

“Any further budget cuts will hurt public safety, the administration of justice, and the independence of the judiciary,” Saris wrote.

She added, “The financial difficulties have hit this district at a time when we have experienced some of our most difficult, high-profile criminal cases.”

Those cases include the trials of Tarek Mehanna, who was convicted two years ago in a closely watched terrorism proceeding, and James “Whitey” Bulger.

The notorious gangster’s court-appointed lawyers recently submitted a $2.6 million bill for their work since his arrest in June 2011, and that does not include their work on his two-month trial this past summer.

In addition, Saris noted, the district is set to begin the high-profile legal proceedings for Dzhokhar Tsarnaev, the suspected Boston Marathon bomber, and is also handling proceedings related to the state drug lab scandal, in which defendants are seeking to have their cases reheard based on possibly tainted evidence.

Further taxing the court are civil liability cases related to the meningitis outbreak involving the New England Compounding Pharmacy.

“These high-profile cases have taxed court staff and security resources,” the judge said. The financial woes have been attributed in large part to the so-called sequester of federal funds, or the $85 billion in across-the-board cuts that went into effect on March 1.

Asked about the letter, Warren also criticized the budget cuts. “The sequester is stupid, and it’s hurting families here in Massachusetts and across the country,” she said. “We’ve seen how across-the-board federal spending cuts are hitting powerfully important programs like Head Start and Meals on Wheels and slashing critical investments in infrastructure and research. It’s time to get rid of this senseless and irresponsible policy.”

In her letter, Saris argued that funding for federal public defenders and probation officials has been hit hardest.

Lawyers and staff in the Federal Public Defender Office, which represents indigent defendants, had to take 14 furlough days in 2013.

The lawyers had to suspend work on Fridays throughout the summer, and withdrew participation in the drug court program. Positions have also gone unfilled.

Miriam Conrad, the head public defender in Boston, said, “We’re going to keep doing what we can and maintain quality representation, but it’s going to be a challenge to maintain our caseload.”

Meanwhile, the Probation Office has had to cut drug addiction and mental health treatment for defendants on supervised release, threatening to increase their recidivism.”

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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.


FBI: “Federal Grand Jury Returns 30-Count Indictment Related to Boston Marathon Explosions and Murder of MIT Police Officer Sean Collier”

June 27, 2013

The Federal Bureau of Investigation (FBI) on June 27, 2013 released the following:

“WASHINGTON—A federal grand jury returned a 30-count indictment against Dzhokhar A. Tsarnaev for his alleged role in using weapons of mass destruction at the Boston Marathon to kill three individuals and maim or seriously injure many others, as well as for using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier.

Tsarnaev, aka “Jahar Tsarni,” 19, a U.S. citizen residing in Cambridge, Massachusetts, was charged today by indictment with the use of a weapon of mass destruction resulting in death and conspiracy; bombing of a place of public use resulting in death and conspiracy; malicious destruction of property resulting in death and conspiracy; use of a firearm during and in relation to a crime of violence; use of a firearm during and in relation to a crime of violence causing death; carjacking resulting in serious bodily injury; interference with commerce by threats or violence; and aiding and abetting.

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder. “The department is firmly committed to achieving justice on behalf of all who were affected by these senseless acts of violence. And today’s action proves our unyielding resolve to hold accountable—to the fullest extent of the law—anyone who would threaten the American people or attempt to terrorize our great cities. I would like to thank our law enforcement partners, the FBI, the Department’s National Security Division, the U.S. Attorney’s Office for the District of Massachusetts, and every investigator, agent, officer, attorney, analyst, and support staff member whose courage and commitment continues to make our communities and our nation safer.”

“Today’s indictment is the result of the dedicated and collective efforts of law enforcement and intelligence partners, working with a sense of urgency and purpose to find those responsible for these deadly attacks,” said FBI Director Robert S. Mueller. “These continuing efforts reflect the pursuit of justice for those who lost their lives and for the scores of individuals who were injured.”

“Our hearts go out to the victims of these horrendous acts of violence, and our gratitude to the courageous law enforcement officers who have given so much to protect the people of Boston and the United States,” said John Carlin, Acting Assistant Attorney General of the Justice Department’s National Security Division. “We remain committed to obtaining justice in this matter and will continue to work side by side with our partners throughout the law enforcement and intelligence communities to protect the American people from future harm.”

“Today’s charges reflect the serious and violent nature of the events that occurred on April 15th and the tragic series of events that followed,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The defendant’s alleged conduct forever changed lives. The victims, their families, and this community have shown extraordinary strength and resilience in the face of this senseless violence, and it is with the hundreds of injured, as well as Krystle, Lingzi, Martin, and Sean in mind that we proceed to ensure that justice is served in this case.”

The indictment alleges that beginning no later than February 2013 and continuing until Tsarnaev was apprehended on April 19, 2013, Tsarnaev and his brother Tamerlan conspired to use improvised explosive devices (IEDs) against people, property, and places of public use. Specifically, the indictment alleges that on April 15, 2013, during the 117th running of the Boston Marathon, Tsarnaev and his brother placed IEDs among the crowds of spectators who were cheering the runners on Boylston Street towards the marathon finish line. After placing the IEDs among the crowd, the indictment alleges, Tsarnaev and his brother detonated the bombs seconds apart, killing three people, maiming and injuring many more, and forcing a premature end to the marathon. The indictment alleges that the IEDs were constructed from pressure cookers, explosive powder, shrapnel, adhesives, and other items and were designed to shred skin, shatter bone, and cause extreme pain and suffering, as well as death.

The indictment also alleges that on April 18, 2013, the FBI released photographs of Tsarnaev and his brother, identifying them as suspects in the marathon bombings. These photographs were widely disseminated on television and elsewhere. The indictment alleges that hours later on April 18, Tsarnaev and his brother, armed with five IEDs, a Ruger P95 semi-automatic handgun, ammunition, a machete, and a hunting knife, drove in their Honda Civic to the MIT campus, where they shot MIT Police Officer Sean Collier and attempted to steal his service weapon.

The indictment further alleges that shortly after Tsarnaev and his brother killed Officer Collier, they carjacked a Mercedes and kidnapped the driver and forced him to drive to a gas station, robbing him of $800 along the way. After the driver managed to escape, the brothers are alleged to have driven the carjacked vehicle to the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, where Watertown Police officers located them and tried to apprehend them. The indictment alleges that the brothers fired at the police officers and used four additional IEDs against them; then, Tsarnaev re-entered the carjacked vehicle, drove it directly at the officers, and ran over his brother as he managed to escape. Tsarnaev is alleged to have hidden in a dry-docked boat in a Watertown backyard until his arrest the following night.

Seventeen of the charges authorize a penalty of up to life in prison or the death penalty. The remainder authorize a maximum penalty of life in prison or a fixed term of years. Tsarnaev is scheduled to be arraigned on July 10, 2013.

U.S. Attorney Carmen M. Ortiz; Middlesex County, Massachusetts District Attorney Marian T. Ryan; Suffolk County, Massachusetts District Attorney Daniel F. Conley; Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Division; Boston Police Commissioner Edward Davis; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Kenneth J. Croke, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) in Boston, made the announcement today during a press conference.

This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is composed of more than 30 federal, state, and local law enforcement agencies, including the ATF, ICE-HSI, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority, and others. In addition, the Watertown Police Department, the Cambridge Police Department, the MIT Police Department, the Boston Fire Department, the National Guard, and police, fire, and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.

This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty of the U.S. Attorney’s Office for the District of Massachusetts’ Anti-Terrorism and National Security Unit; Nadine Pellegrini, Chief of its Major Crimes Unit; and Trial Attorneys of the U.S. Department of Justice’s National Security Division’s Counterterrorism Section and its Criminal Division.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”

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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.


Federal Criminal Complaints Filed Against 3 Alleged Friends of Boston Marathon Bombing Suspect Dzhokhar Tsarnaev

May 2, 2013

NBC News on May 1, 2013 released the following:

By Pete Williams, Richard Esposito, Michael Isikoff and Tracy Connor, NBC News

3 pals of Boston Marathon bombing suspect charged with coverup

Three college friends of Boston Marathon bombing suspect Dzhokhar Tsarnaev were accused Wednesday of removing evidence from his dorm room as new details about the case emerged in court papers.

Criminal complaints against the trio revealed that Tsarnaev cut his long hair after the April 15 attack but before the FBI released his photo and that he allegedly told friends a month earlier that he knew “how to make a bomb.”

The court papers also suggest that the 19-year-old suspect was practically blasé when one of the friends texted to say he looked like the man in the FBI photos of the bomb suspect.

Among his replies: ‘lol,” according to the complaints.

The complaints were filed against Azamat Tazhayakov and Dias Kadyrbayev, who were charged with conspiring to obstruct justice, and Robel Phillipos, who was charged with making false statements.

The three friends, who are all 19-years-old, allegedly went to Tsarnaev’s dorm room after the FBI photos came out April 18 and left with a backpack that contained fireworks tubes that had been emptied of their explosive powder, according to the documents.

The backpack was later tossed in the garbage, though the suspects’ gave conflicting statement about whether that happened before or after Tsarnaev had been publicly named as the bombing suspect following a night of bloody mayhem.

As the allegations against them were unveiled, Tsarnaev’s three friends appeared in Boston Federal Court Wednesday afternoon. None of the charges suggested they had prior knowledge of the dual bombings that killed three and wounded more than 200 near the finish line of the race.

Tazhayakov and Kadyrbayev — who are from Kazakhstan and were detained more than a week ago on immigration charges — did not seek bail and were ordered held until a May 14 hearing.

Phillipos is being held until a detention hearing Monday. As he was read his rights, Federal Judge Marianne Bowler admonished him, saying, “I suggest you pay attention to me rather than looking down.”

Outside the courthouse, Harlan Protass, a lawyer for Tazhayakov, said his client “has cooperated fully with the authorities and looks forward to the truth coming out in this case.”

Robert Stahl, a lawyer for Kadyrbayev, said the college sophomore “absolutely denies” allegations of a coverup and was “shocked and horrified” by the bombing. He said his client told investigators about ditching the items from the dorm room but “did not know those items were involved in a bombing.”

Although only Tazhayakov is currently enrolled, all three men knew Tsarnaev from the University of Massachusetts-Dartmouth.

The narrative outlined in the court papers begins about a month ago when, according to Tazhayakov, Tsarnaev told him and Kadyrbayev that he “knew how to make a bomb.”

Kadyrbayev last saw Tsarnaev on April 17, two days after the bombing, at his dorm room and noticed that he had given himself a short haircut. They chatted outside the dorm, the complaint said.

Little more than 24 hours later, the FBI released photos and video of two men wanted in the bombing. The suspects were not yet identified as Dzhokhar Tsarnaev and his older brother Tamerlan.

At least two of the three friends thought one of the men in the pictures looked like Tsarnaev, and Kadyrbayev texted him to say so, the FBI said.

Tsarnaev fired off a flurry of texts, including, “lol,” “you better not text me” and “come to my room and take whatever you want,” the court papers said.

The trio then met at Tsarnaev’s dorm room, where they learned he had already left and were let in by his roommate.

After watching a movie, they spotted a dark backpack containing seven red tubes of fireworks that had been emptied, and Kadyrbayev decided to take it, according to one of the complaints.

They also took a laptop – now turned over to the FBI, according to Kadyrbayev’s attorney — because they didn’t want to arouse the roommate’s suspicions about the backpack, the document said.

After leaving the dorm, the three friends “started to freak out” because they realized Tsarnaev was wanted in the bombing, Phillipos said, according to the feds.

They then “collectively decided to throw the backpack and fireworks into the trash because they did not want Tsarnaev to get in trouble,” Kadyrbayev told agents, according to the complaint.

Kadyrbayev allegedly put the items in a large trash bag and tossed it into a dumpster near his off-campus apartment.

The suspects’ statements clashed on whether that happened the night of the April 18, before Tsarnaev was formally identified as the accused bomber, or the morning after – an important point if their defense is that they had no idea the items could be evidence.

Tsarnaev never returned to his dorm room. Authorities say that after the FBI put their pictures out, he and Tamerlan executed a campus police officer, stole a car at gunpoint and led police on a wild chase.

It ended with Tamerlan dead after a firefight and Dzhokhar captured in a boat in a Watertown, Mass., backyard. Dzhokhar, who was wounded, has been charged with using a weapon of mass destruction.

Law enforcement officials have told NBC News that Dzhokhar told them during questioning he and his brother wanted to defend Islam after the American wars in Iraq and Afghanistan.

Investigators have been trying to determine if pair – ethnic Chechens who had lived in the U.S. for more than a decade — they received assistance from anyone else in the U.S. or abroad.”

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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.