“Obama to pick new FBI director in second term”

November 9, 2012

USA Today on November 9, 2012 released the following:

“Kevin Johnson, USA TODAY

Beyond the reshuffling of President Obama’s Cabinet, another key personnel decision is looming in the administration’s second term.

In the coming months, Obama will decide a successor to Robert Mueller, the longest-serving FBI director since J. Edgar Hoover.

Mueller, the only top national security official remaining in government since the 9/11 attacks, is set to leave office in 2013, after Congress took the unprecedented action of extending his 10-year term. Obama requested the extension last year to preserve some continuity in the national security structure, at a time when he was naming new executives to lead the Pentagon and CIA.

But Congress is not likely to provide another extension for one of the most fraught jobs in government.

“This is an unusual step by the president, and is somewhat of a risky precedent to set,” Iowa Sen. Chuck Grassley, the Judiciary Committee’s ranking Republican said in May 2011 at the time of the request, adding that he would seek to “ensure that this is not a more permanent extension.”

Until Mueller was granted an additional two years, which Grassley also ultimately voted for, the administration’s search team had considered a list candidates — many drawn from Democratic and Republican administrations.

Federal law enforcement analysts, including Tom Fuentes, a former FBI assistant director, said the names represent a vast array of experience for an agency whose reach continues to extend throughout the globe.

Fuentes, who once directed the bureau’s international operations, said terrorism, organized crime and the growing threats to cybersecurity have required the agency to expand its international presence.

“On any given day, you have more than 1,000 agents (of the bureau’s 14,000 agents) working outside the country,” Fuentes said.

“Any new director has got to have some understanding of the international nature of crime and the value of intelligence,” he said.

While endorsing Michael Mason, former chief of the FBI’s D.C. field office for the post last year, the FBI Agents Association referred to a similar need for leadership that spans the agency’s many areas of jurisdiction, “from Bloods street gangs to mortgage fraud to Russian sleeper cells.”

Don Borelli, a former assistant agent-in-charge of the FBI’s New York division, said the most critical need is “organization.”

“The biggest challenges facing the next director are organizational,” he said. “It’s how you direct a large organization, provide it the resources it needs to function. Obviously, you need someone who knows the nuances of politics and could be confirmed (by Congress).”

“No matter who gets the job, though there is going to skepticism, because agents by nature are skeptical,” Borelli said. “But what you need is someone who can take over like a CEO of a big corporation.””

————————————————————–

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.


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.”

————————————————————–

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.


Mueller confirms preliminary probe of JPMorgan

May 16, 2012

Associated Press on May 16, 2012 released the following:

“By PETE YOST
Associated Press

WASHINGTON (AP) — FBI Director Robert Mueller said Wednesday the bureau has launched a preliminary investigation of JPMorgan Chase & Co. following a $2 billion trading loss at the bank.

Mueller’s comment at a Senate Judiciary Committee hearing was the first on-the-record confirmation of the probe.

On Tuesday, a law enforcement official said that the FBI’s New York office is heading an inquiry into the JPMorgan loss.

“All I can say is we’ve opened up a preliminary investigation,” Mueller told the Senate panel. Mueller said that opening a preliminary investigation “depends on a number of factors,” which he did not enumerate.

Under attorney general guidelines for FBI operations, a preliminary investigation may be initiated on the basis of any allegation or information indicative of possible criminal activity. Time limits are set for completion of preliminary investigations – usually six months, although six-month extensions can be granted. Extensions of preliminary investigations beyond a year must be approved by FBI headquarters.”

————————————————————–

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

————————————————————–

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.


Mueller: Plot shows need for surveillance power

May 9, 2012

Associated Press on May 9, 2012 released the following:

“PETE YOST
Associated Press

WASHINGTON (AP) — FBI Director Robert Mueller urged Congress on Wednesday to renew wide-ranging surveillance authority to thwart terrorism plots like the latest one in which an al-Qaida-engineered explosive device was to have been detonated on a U.S.-bound airline flight.

Mueller told the House Judiciary Committee the FBI is examining the device and said the scheme hatched in Yemen demonstrates that it’s essential for Congress to reauthorize counter-terrorism tools enacted in 2008. Some of these programs expire at year-end.

The provisions allow the government to target electronic surveillance on foreign persons reasonably believed to be outside the United States.

The amendments up for reauthorization this year “are essential in our efforts to address” the terrorism threat, said Mueller.

The FBI director said the law allows the FBI to identify those both within the United States and outside the United States “who would hurt us.”

Mueller told the panel that “we’ve seen over the last several days” that terrorism should be “our No. 1 priority.”

The FBI director’s comments follow revelations that al-Qaida completed a sophisticated new, non-metallic underwear bomb last month and that the would-be suicide bomber actually was a double agent working with the CIA and Saudi intelligence agencies.”

————————————————————–

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.


Scottish prosecutor, FBI chief discuss Lockerbie

May 2, 2012

Fox News on May 2, 2012 released the following:

“Associated Press

LONDON – A senior Scottish prosecutor and the head of the FBI have traveled to Libya to discuss the investigation into the 1988 Pan Am bombing that killed hundreds over Lockerbie.

Scotland’s public prosecution office said in a statement Wednesday that Scotland’s most senior legal officer Frank Mulholland and FBI director Robert Mueller traveled to Tripoli to meet Libyan prime minister Abdurahim el-Keib to discuss the case.

It says the meeting took place on April 25 but was not publicized at the time for security reasons.

Only one man, Abdel Baset al-Megrahi, has been convicted of the bombing. He was freed from a Scottish jail on compassionate grounds in August 2009, suffering from cancer. The Libyan authorities have said they will cooperate in investigations on the bombing.”

————————————————————–

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.


FBI director Robert Mueller tells Miami Chamber: Mortgage fraud and other white-collar crimes rate high priority

April 5, 2012

The Miami Herald on April 5, 2012 released the following:

“FBI Director Robert Mueller told a Chamber of Commerce audience that the agency remains committed to solving major financial crimes prevalent in South Florida

BY MARTHA BRANNIGAN

The FBI has remade itself in the post-9/11 era to focus on counterterrorism, but the agency continues to battle major financial fraud in key areas familiar to South Florida, like mortgages and healthcare as well as corporate and securities violations, FBI director Roberts Mueller told a lunch audience at the Greater Miami Chamber of Commerce Wednesday.

The events of Sept. 11, 2001 triggered a new emphasis on cooperation among agencies and the use of intelligence to drive traditional white-collar crime investigations, Mueller told the gathering of 350 business and government officials at the Jungle Island luncheon.

“We have not neglected our criminal responsibilities,’’ he said. “What has changed is that we make greater use of intelligence and partnerships to focus our limited resources.’’

With tighter lending standards in the wake of the housing meltdown, mortgage fraud has morphed into “schemes aimed at distressed homeowners, such as loan modification scams and phony foreclosure rescues,’’ said Mueller, who became the FBI’s top cop on Sept. 4, 2001, the eve of the terror attacks.

Mueller said so-called “rescue services’’ hold out hope of helping homeowners avoid foreclosure, but instead extract big fees and personal information from victims, who sometimes are swayed “to sign away the deeds to their homes.’’

Among other priorities for the new FBI, Mueller said, is targeting rampant healthcare fraud. “Providers bill the government and insurers for excessive or unnecessary services and even for services they never provide,’’ he said, citing the recent case against officials at South Florida-based American Therapeutic Corp., who manipulated patients to receive unneeded treatment and padded bills to Medicare.

Another FBI focus — corporate and securities fraud — is also a familiar phenomenon to South Florida, Mueller said, citing the case of Scott Rothstein, the Fort Lauderdale attorney who led a $1.6 billion Ponzi scheme that hinged on selling interests in the proceeds of judgments from non-existent lawsuits.

In summing up, the FBI director urged chamber guests to take action when they see financial shenanigans. “You can learn to recognize financial fraud and unscrupulous business practices to better protect yourself and your companies. And you can alert us wehn you see these activities take place,’’ he said.

Chamber president Barry Johnson said the FBI and the chamber worked for two years to schedule Mueller’s visit. “He was interested in talking to South Florida, given the level of financial fraud operating in our part of the world. And they were looking for a business venue,’’ Johnson said.”

————————————————————–

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 Mail Fraud Crimes

————————————————————–

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 C. McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.