“Nearly $1 million from charters went to firms named in FBI probe”

August 18, 2014

Chicago Sun-Times on August 18, 2014 released the following:

By: DAN MIHALOPOULOS

“Contractors facing scrutiny in an ongoing federal investigation of Concept Schools have been paid nearly $1 million over the past three years for work at three Chicago Public Schools-funded campuses run by the Des Plaines-based charter operator, records show.

In June, the FBI raided 19 Concept Schools locations in Illinois, Indiana and Ohio, including the group’s Des Plaines headquarters. Search warrants showed they were seeking records concerning Concept’s use of the federal “E-rate” program and companies hired under that program, which helps pay for high-tech upgrades.

The agents also were looking for records regarding top Concept officials, the Chicago Sun-Times reported last month.

No one has been charged. The FBI has said only that the investigation is a “white-collar criminal matter.”

The CPS-funded work done by the contractors named in the FBI search warrants has ranged from selling Concept computers and uniform polo shirts to organizing professional-development seminars.

Concept operates three schools in Chicago. All rely almost entirely on public funding.

Concept’s Chicago Math and Science Academy in Rogers Park — one of the schools the FBI raided June 4 — was approved by CPS officials 10 years ago.

The charter operator’s Horizon Science Academy McKinley Park at 2845 W. Pershing Rd. and Horizon Science Academy Belmont at 5035 W. North Ave. have been open for a year after being initially rejected by CPS because of questions regarding student performance at CMSA.

Concept appealed to the Illinois State Charter School Commission, which overrode CPS, ordering them to finance the two schools with tax dollars.

The three Chicago Concept schools have paid more than $283,000 since the start of 2011 to Advanced Solutions in Education of Schaumburg, records show. The company and its founder and former chief executive, Ozgur Balsoy, were named in FBI search warrants served at

Concept’s headquarters and at its schools in Rogers Park and Peoria.

ASE was a consultant for Concept on its applications for federal E-rate funding. The company also was hired to do other work for Concept, including organizing seminars for school administrators and teachers.

Balsoy previously was an administrator at a Concept school in Columbus, Ohio. He formed ASE in Ohio in 2009, expanding to Illinois in 2011. ASE listed him as “sole owner” until 2012. He’s now listed as vice president.

ASE’s president, Erdal Aycicek, formerly served was treasurer of the Niagara Foundation, based in downtown Chicago. Like Concept and many of its contractors, the foundation was founded and continues to be led by Turkish immigrants, many of them with ties to the global Gulenist movement led by Muslim cleric Fethullah Gulen, who now lives in Pennsylvania.

Two other ASE executives — Huseyin Alper Akyurek and Esat Albulut — also previously worked for Concept as administrators at schools in Ohio.

ASE executives did not return calls seeking comment.

Another company listed in the search warrants, Core Group Inc. of Mount Prospect, has been a major contractor for Concept’s schools in Chicago. The three schools have paid more than $550,000 to two Core subsidiaries for goods including computers and polo shirts with school logos on them.

Core’s president, Ertugrul Gurbuz, who was named in the search warrants, also founded Quality Builders of Midwest Inc., a Concept construction contractor whose work included building a gym addition at CMSA at 7212 N. Clark St.

Gurbuz referred questions to attorney Patrick Cotter, who said Friday the company is “in the process of complying” with a grand-jury subpoena it got as part of the FBI probe. Cotter declined to say what Core was asked to turn over.

A Core subsidiary was cited in a 2012 audit, done for Fulton County, Georgia, school officials, that questioned why a Gulen-affiliated charter school in that state bought polo shirts from Core Design & Production when “there were cheaper prices to be obtained.” The principal of the Georgia school told auditors he looked online for a polo shirt vendor and found Core — though the auditors said they found no mention of polo shirts on the company’s website.

Core was started in 2005 by Guclu Koseli, who was a founding board member for Concept in Illinois.

Another contractor named in the FBI search warrants — Signature Maker Inc. of Hoffman Estates — has been paid more than $112,000 by Concept’s Chicago schools, Concept records show.

Signature Maker owner Ergun Koyuncu, who was also named in the search warrants, would not comment.

Concept’s vice president, Salim Ucan, also declined to comment, citing the ongoing FBI investigation.

The federal E-rate program requires competitive bidding in hiring contractors in an effort to ensure taxpayer dollars are spent wisely. There’s no such requirement, though, imposed on charter schools by either CPS or the state charter commission, even though the privately run schools depend almost entirely on tax dollars and CPS requires competitive bidding for its own schools.

Nor do they require charter operators to report to officials who their vendors are or how much they are paid.

None of the deals that Concept’s Chicago schools made with Core or ASE was awarded via competitive bidding.”

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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.


Eighteen sheriff’s deputies charged by FBI LA in an alleged inmate-abuse probe

December 10, 2013

The Guardian on December 9, 2013 released the following:

Associated Press in Los Angeles

“Federal officials on Monday unsealed five criminal cases filed against 18 current and former Los Angeles County sheriff’s deputies, as part of an FBI investigation into allegations of civil rights abuses and corruption in the nation’s largest jail system.

The charges were announced at a press conference after 16 of 18 defendants were arrested earlier in the day. They were expected to be arraigned later in US district court.

“These incidents did not take place in a vacuum – in fact, they demonstrated behavior that had become institutionalized,” said US attorney Andre Birotte Jr. “The pattern of activity alleged in the obstruction of justice case shows how some members of the sheriff’s department considered themselves to be above the law.”

Four grand jury indictments and a criminal complaint allege unjustified beatings of jail inmates and visitors at downtown Los Angeles jail facilities, unjustified detentions and a conspiracy to obstruct a federal investigation into misconduct at the Men’s Central Jail. The FBI has been investigating allegations of excessive force and other misconduct at the county’s jails since at least 2011. An official said the arrests were related to the abuse of individuals in the jail system and also allegations that sheriff’s officials moved an FBI informant in the jails possibly to thwart their probe.

A sheriff’s department spokesman, Steve Whitmore, referred calls to the FBI and said Sheriff Lee Baca would provide a comment later on Monday afternoon. “We’ve cooperated fully with the FBI in their investigation and we’ll continue to do so,” Whitmore said.

One federal indictment, filed on 20 November, named seven deputies charged with conspiracy and obstruction of justice. It is unclear from the indictment whether they are currently employed by the department. Among those charged with conspiracy and obstruction of justice in the 18-page indictment are two lieutenants, one of whom oversaw the department’s safe jails program and another who investigated allegations of local crimes committed by sheriff’s personnel, two sergeants and three deputies.

All seven are accused of trying to prevent the FBI from contacting or interviewing an inmate who was helping federal agents in a corruption and civil rights probe. One of the investigations involved trying to see if a deputy would accept a bribe to provide the inmate with a cell phone, court documents show. The indictment alleges the inmate was moved to hide him and false entries were made in the sheriff’s databases to make it appear as if he had been released.

In an attempt to find out more information about the investigation, one lieutenant and the two sergeants sought a court order to compel the FBI to provide documents, prosecutors said. When a state judge denied the proposed order, the two sergeants allegedly attempted to intimidate one of the lead FBI agents outside her house and falsely told her they were going to seek a warrant for her arrest, the indictment said.

Baca has acknowledged mistakes to a county commission reviewing reports of brutality, but he has also defended his department and distanced himself personally from the allegations. He said he has made improvements including creating a database to track inmate complaints. Baca has also hired a new head of custody and rearranged his command staff.

Retired sheriff’s commander Bob Olmsted, who is challenging Baca for the voter-elected position of sheriff in 2014, said in a statement on Monday that the arrests “underscore the high level of corruption that has plagued the Sheriff’s Department”. He said that as a commander he tried “several times” to notify the sheriff and his command staff about “ongoing abuses and misconduct” in Men’s Central Jail, but his “concerns fell on deaf ears”.

“I knew I had to act, and as a result, I notified the FBI of the department’s culture and acceptance of excessive force, inmate abuse, sheriff’s gangs, and corruption,” Olmsted said.

In 2012 the American Civil Liberties Union sued the sheriff’s department, claiming the sheriff and his top commanders had condoned violence against inmates. The organization released a report documenting more than 70 cases of misconduct by deputies.

Last month the county announced the appointment of a veteran Los Angeles County prosecutor, Max Huntsman, to head a new office of inspector general that will oversee the sheriff’s department.

As of Monday, the county’s jails held more than 18,700 inmates.”

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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.


“Prosecutors Expect More Arrests in Art-Fraud Scheme”

August 19, 2013

The New York Times on August 19, 2013 released the following:

By WILLIAM K. RASHBAUM

“Federal prosecutors handling the case against an obscure art dealer charged in one of the most audacious art frauds in recent memory told a judge on Monday that they expected more arrests in the continuing investigation. They also said they expected the case against the art dealer to be resolved soon.

The disclosures came at the arraignment of the dealer, Glafira Rosales, in United States District Court in Manhattan.

Ms. Rosales was arrested on money laundering and tax charges in connection with the scheme in May. She was arraigned Monday before Judge Katherine P. Failla on new charges contained in a superseding indictment that was handed up last week by a grand jury. She pleaded not guilty during the five-minute proceeding.

During the arraignment, Judge Failla asked one of the prosecutors, Jason P. Hernandez, an assistant United States attorney, if more arrests were expected.

“Yes,” he said.

Mr. Hernandez also said that the case against Ms. Rosales, which was the result of a lengthy F.B.I. investigation, was to be resolved in the coming weeks. He did not elaborate.

A lawyer for Ms. Rosales, Steven R. Kartagener, declined to comment on the new charges.

The charges issued last week revealed for the first time that all of the 63 phony art works at the heart of what prosecutors have described as a sweeping fraud scheme stretching over more than a decade were created by a single painter. The indictment identified him only as a painter who lives in Queens and said he had produced the canvases — purported to be by the hands of Modernist masters like Willem de Koonig, Jackson Pollock, Mark Rothko, Robert Motherwell and others — in his house and garage.

People briefed on the matter said he was Pei-Shen Qian, a struggling 73-year-old Chinese artist who came to the United States in 1981.

While he was paid a few thousand dollars for the canvases, they were later sold as works by Modernist masters for more than $80 million.

The indictment and other court papers said the painter who created the fake canvases was discovered selling his own art on the streets of Lower Manhattan in the early 1990s by Ms. Rosales’s boyfriend and business partner, an art dealer named Jose Carlos Bergantiños Diaz, who recruited him to make paintings in the style of celebrated Abstract Expressionists. The indictment does not name Mr. Bergantiños Diaz, but his identity is confirmed by other court records.

It is unclear whether Ms. Rosales has begun cooperating with the federal authorities since her arrest in May. But while the prosecutors handling her case initially argued then that she posed “a substantial flight risk” and that no bail conditions could assure her return to court, convincing a judge to detain her without bail, last week, after the new indictment was handed up, the prosecutors did not oppose her release on a $2.5 million bond.

Julie Bolcer, a spokeswoman for the office of Preet Bharara, the United States attorney in Manhattan, and an F.B.I. spokesman, James M. Margolin, declined to comment. Mr. Kartagener has refused to characterize his discussions with the prosecutors on the case, Mr. Hernandez and Daniel W. Levy.”

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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.


Manhattan U.S. Attorney and FBI Assistant Director in Charge Announce Charges Against Psychiatrist for Allegedly Distributing Oxycodone

June 19, 2013

The Federal Bureau of Investigation (FBI) on June 18, 2013 released the following:

“Preet Bharara, the United States Attorney for the Southern District of New York, and George Venizelos, the Assistant Director in Charge of the New York Office of the Federal Bureau of Investigation (FBI), announced the arrest today of William S. Belfar, a licensed psychiatrist in New York, on charges that he distributed oxycodone, a prescription painkiller, for cash and without a medical purpose. Belfar was presented today in Manhattan federal court before U.S. Magistrate Judge Andrew J. Peck.

Manhattan U.S. Attorney Preet Bharara said, “As alleged, William Belfar, a licensed psychiatrist, contributed to the growing epidemic of prescription drug abuse and addiction by writing prescriptions in exchange for cash—conduct which he had described as illegal when discussing other doctors. This office will not tolerate medical professionals who exploit their licenses to fuel the prescription drug problem.”

FBI Assistant Director in Charge George Venizelos said, “William Belfar, a licensed physician and mental health professional, allegedly exploited the addictive nature of oxycodone—the very thing he warned of on television—to make money. He violated the oath of his profession and broke the law in peddling oxycodone prescriptions. The Health Care Fraud Task Force was formed in part to protect the public from unscrupulous doctors who put profiteering ahead of professional responsibility.”

According to the complaint unsealed today in Manhattan federal court:

Belfar operated a medical office in Manhattan, New York, from which he sold prescriptions for oxycodone and other medications for cash. On three occasions from May 2011 to April 2013, he sold prescriptions of oxycodone pills and other medications to an FBI confidential informant and two undercover FBI officers. Belfar sold the prescriptions for up to $1,000 per prescription. On one occasion when Belfar sold an oxycodone prescription, he stated to the informant, “[I]t is a very easy way to make money, but it’s an easy way for me to go to jail, too.” Belfar prescribed the oxycodone to the confidential informant even though he said he believed the informant was a “dealer.”

In February and March 2013, around the same time that Belfar was selling oxycodone prescriptions, he appeared on two television shows as an interview guest on the subject of oxycodone addiction. During those interviews, Belfar discussed cases of celebrities becoming addicted to oxycodone, including one situation where the “doctor essentially became [a] drug dealer.” Belfar also stated during one interview that “This is a big business….On the street…each [oxycodone] pill is $30….Patients will pay a lot of money just to get these pills….The doctors prescribe it. Yes, some do it for money. Some do it because they just don’t know what they are doing….[T]hey just shouldn’t be doing it.”

Oxycodone, a Schedule II controlled substance, is a powerful painkiller with a high potential for addiction and abuse. It is sold on the street as a substitute for heroin and other illegal drugs.

Belfar, 49, of Huntington, New York, is charged with three counts of distributing oxycodone. Each count carries a maximum sentence of 20 years in prison.

Mr. Bharara praised the investigative work of the FBI, the FBI’s Boston Field Office, the FBI Boston-Lakeville RA, the New York City Police Department, and the FBI’s New York Health Care Fraud Task Force. The FBI’s New York Health Care Fraud Task Force was formed in 2007 in an effort to combat health care fraud in the greater New York City area. The task force is composed of agents, officers, and investigators of the FBI, NYPD, New York State Insurance Fraud Bureau, U.S. Department of Labor, U.S. Office of Personnel Management Inspector General, U.S. Food and Drug Administration, NYS Attorney General’s Office, NYS-Office of Medicaid Inspector General, NYC Health and Hospitals Inspector General, and the National Insurance Crime Bureau.

The case is being handled by the Office’s Narcotics Unit. Assistant United States Attorneys Rahul Mukhi and Ian McGinley are in charge of the prosecution.

The charges 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

————————————————————–

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.


“With the FBI On Her Trail, Michele Bachmann Raises Money For Non-Existent Reelection Bid”

June 12, 2013

San Francisco Sentinel on June 11, 2013 released the following:

“An FBI investigation into money laundering, wire fraud, and mail fraud has not stopped Rep. Michele Bachmann from continuing to raise money for a reelection campaign that she isn’t running.

According to the University of Minnesota’s Smart Politics blog, Nearly two weeks after announcing she would not seek a 5th term from Minnesota’s 6th Congressional District, Republican Michele Bachmann’s congressional campaign website is still locked and loaded to take in money. The campaign’s donation page is still featured and functional.” The donation page is still claiming that, “Obama and the Democrats are targeting Michele for speaking out against their extreme liberal agenda. They will do, say and spend whatever it takes to defeat her.”

According to David Shuster, the FBI may be in the process of gathering evidence against Bachmann herself, “According to sources close to the criminal investigation of Bachmann’s presidential campaign, the FBI has now been given sworn testimony and documents alleging Bachmann approved secret payments to Iowa state Senator Kent Sorenson in exchange for his help and support in that state’s 2012 Presidential caucuses. Ethics rules explicitly prohibit Iowa lawmakers from accepting payments from Presidential campaigns or PACs. Investigation sources tell Take Action News the FBI is examining money laundering allegations against Bachmann, as well as possible wire fraud and mail fraud.”

If this is the case, it is very clear why Bachmann high tailed it out of the House by announcing her “retirement.”

Usually, it wouldn’t be a big deal for a “retiring” member of Congress to continue to raise a small sum of money before they leave office. However, when the person raising the money is possibly facing mail fraud, wire fraud, and money laundering charges, it looks pretty bad to have a message up on your website soliciting donations for a reelection campaign that doesn’t exist.

It could be that Team Michele is distracted by other things, like the fact that members of her own presidential campaign team are possibly giving evidence against her to the FBI, or it could just be one of those things that Bachmann just hasn’t gotten around to yet.

When the FBI is investigating you for potential money laundering, it probably isn’t the best idea to be raising money by using a reelection campaign that no longer exists.

It is possible that Bachmann could change her mind and run for reelection, but after her “retirement” announcement the ethical thing to do would have been to change the language of the fundraising pitch on her website.

Then again, a lack of ethics is what got Michele Bachmann into this mess in the first place.”

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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 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 to probe fatal beating by Kern County deputies”

May 15, 2013

The Los Angeles Times on May 14, 2013 released the following:

“The sheriff requests federal assistance amid charges of tampering with video of assault captured on cellphones.

By Diana Marcum, Paul Pringle and Richard Winton, Los Angeles Times

BAKERSFIELD — The FBI launched an investigation Tuesday into the death of a man who was beaten by authorities amid questions over whether officials tampered with cellphone videos confiscated from witnesses.

Kern County Sheriff Donny Youngblood said he asked the FBI to get involved after learning that one of two phones seized from witnesses had no footage on it.

Two witnesses told The Times that they watched the videos on each of the phones last week in the wake of David Silva’s death. The case is generating widespread attention because several witnesses have come forward to say deputies ruthlessly beat Silva with batons on the head, even after he was motionless on the ground.

“Our credibility is at stake here,” Youngblood said in an interview. He did not dispute the witnesses’ accounts about the videos but said he would not draw any conclusions until the investigations were complete.

The phones were flown to the FBI’s Sacramento office Tuesday for analysis.

Youngblood said he asked the federal agency to conduct a parallel investigation into Silva’s death, a move he described as unprecedented for his department. The FBI said it had agreed to launch an inquiry and emphasized that it would be independent of the sheriff’s own work.

It appears several videos captured parts of the incident. Last week, KERO-TV broadcast grainy footage from a security camera. The Times on Tuesday reviewed a security video provided by a source, which showed blurry images of figures swinging batons or sticks at a man on the ground.

Youngblood said the Bakersfield Police Department found a video on one of the phones; he asked the department to do the analysis to avoid a conflict of interest. He declined to elaborate on the length or condition of the video, but confirmed that it shows baton blows.

“I have seen the video,” said Youngblood at a news conference Tuesday afternoon. “I cannot speculate whether they acted appropriately or not just by looking at the video.”

“Baton strikes were used but what I don’t know is how many and where they were on the body and if they caused significant injury that caused death,” he added.

Youngblood said the sergeant and six deputies at the scene of the beating had been placed on paid administrative leave, in part because they had received emailed threats.

In interviews Tuesday, the two witnesses insisted that the videos on both phones — each several minutes long — clearly captured deputies repeatedly striking Silva with batons.

“They must have gotten rid of one of the videos,” said Melissa Quair, 31, who told of seeing deputies pummel and kick Silva after confronting him across the street from Kern Medical Center in East Bakersfield. Quair and several relatives and friends were at the hospital because a family member had been in a car crash.

Quair said a phone video shot by her mother showed a deputy trying to block her view of the beating. “She went around him and told him, ‘I’m still recording,’ ” Quair said.

Laura Vasquez, 26, a friend of the Quair family, said she also watched both videos — the other shot by a friend of Melissa Quair — and they vividly depicted the violence she witnessed.

Echoing the account of two other people interviewed, Vasquez said the first two deputies at the scene woke Silva, who was sleeping in front of a house, and ordered him not to move. When Silva sat up, looking confused or scared, a deputy hit him in the head, Vasquez said.

“He fell back and then the other officer got out and swung toward his head,” she said. “Mr. Silva was reaching for his head and the officers said ‘stop moving’ and ‘stop resisting.’ He wasn’t resisting. … He rolled on his back and they kept hitting.”

More deputies and two California Highway Patrol officers arrived at the location. Vasquez said the deputies hogtied Silva, lifted him off the ground and dropped him twice, and delivered more baton blows and kicks to his head and body until he went limp.

“He was screaming for help. He was laying on his chest. The cops were still on top of him, still hitting him. My family and I screamed at them to stop hitting him.… The blood was all over Mr. Silva’s face. We couldn’t even tell if he had eyes or a mouth.”

Vasquez said her girlfriend yelled, ” ‘Somebody call the cops,’ and everybody looked at her and said, ‘They ARE the cops.’ “”

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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.


“FBI searches ex-Reagan aide Robert McFarlane’s apartment for evidence he lobbied for Sudan”

March 21, 2013

The Washington Post on March 21, 2013 released the following:

“By Associated Press,

WASHINGTON — The FBI has searched the apartment of former Reagan administration national security adviser Robert McFarlane for evidence of whether he lobbied on behalf of the government of Sudan in violation of federal law.

A search warrant on file in U.S. District Court in Washington shows agents seized items this month including handwritten notes about Sudan and White House documents with classification markings up to Top Secret.

It is against the law for Americans to do business with Sudan because of its alleged support for international terrorism and human rights violations, among other things. Sudan’s president, Omar al-Bashir, has been charged by the International Criminal Court with genocide and other crimes during the deadly conflict in Sudan’s western Darfur region.

In an accompanying affidavit, FBI agent Grayden R. Ridd cited a host of emails between McFarlane and Sudanese government officials obtained prior to the search.

“I believe that these emails are evidence that McFarlane was entering into an agreement with the government of Sudan to lobby the U.S. government officials on behalf of Sudan and to provide it advice during negotiations with the United States,” Ridd wrote. He said he believed the emails are also evidence of an attempt by McFarlane and a Sudanese government official “to hide McFarlane’s relationship with Sudan by construing the agreement to make it appear that his contractual relationship was with Qatar, when in fact it was not.”

The affidavit said that the FBI investigation has established that in February 2009, McFarlane entered into a one-year agreement with the government of Sudan to act as its consultant and to lobby the U.S. government on its behalf.

Ridd wrote that the source of the emails to McFarlane appeared to be someone from the Sudanese intelligence service.

The affidavit is listed as “under seal” but is viewable online.

The FBI is also investigating whether McFarlane violated a law that requires anyone working as a foreign agent of another country to disclose that to the Foreign Agent Registration Act Unit of the Justice Department.

The investigation into McFarlane was first reported by The Washington Post.

McFarlane has not been charged with a crime. The case is being handled by the U.S. attorney’s office for the Eastern District of Virginia. A spokesman for the office, Peter Carr, said McFarlane is cooperating with the ongoing investigation and, through his counsel, has asserted his innocence.

McFarlane’s lawyer, Barry Levine, did not immediately return telephone and email messages Thursday. Levine told The Post that McFarlane didn’t violate any laws.

“He has devoted his entire adult life to the interests of this country, and he cares deeply about the people of Darfur,” Levine told the newspaper.”

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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

————————————————————–

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.


Bay E. Ingram Charged in a Bill of Information Alleging a Federal Charge of Conspiracy to Commit Wire Fraud in Aftermath of BP Oil Spill

November 2, 2012

The Federal Bureau of Investigation on November 1, 2012 released the following:

“Covington Businessman Charged with Conspiracy to Commit Wire Fraud in Aftermath of BP Oil Spill

NEW ORLEANS— Bay E. Ingram, age 50, a resident of Covington, Louisiana, was charged today in a bill of information with conspiracy to commit wire fraud, announced U.S. Attorney Jim Letten.

According to court documents, the defendant Ingram was a businessman who owned and operated Southeast Recovery Group (SRG), a company which provided disaster relief services in the aftermath of the oil spill due to the sinking of the Deepwater Horizon rig in the Gulf of Mexico in April 2010.

In 2010, according to the bill of information, Ingram, through his company SRG, provided a helicopter that was supposed to be used for oil spill response by representatives of the St. Bernard Parish Sheriff’s Office and the Louisiana Department of Wildlife and Fisheries, and also assisted in the construction of helipads at the the Hopedale, Louisiana facility of British Petroleum p.l.c. (BP). In the case of both the helicopter and the helipads, Ingram, through his company SRG, acted as a “middleman” between the supplier of the helicopter and the companies responsible for the construction of the helipads, on the one hand; and BP, who was billed for cost of providing the goods and services, on the other hand.

The bill of information charges that Ingram arranged for the helicopter to be stationed at Hopedale from June through November 2010 but never had an agreement with BP to supply the helicopter after June 15, 2010. In an effort to get paid by BP, and to justify the amount of his unpaid invoices to BP totalling approximately $1.4 million, the bill of information charges that Ingram falsified and forged documents, including a contract between his company and his subcontractor company, which provided, equipped, and crewed the helicopter, as well as flight logs and flight manifests for the helicopter.

The bill of information also charges that Ingram caused the construction of five helipads at Hopedale at a cost of approximately $110,000. He then falsely represented to BP that his actual costs had been over $250,000, and he billed BP for, and was paid, $303,000.

It is further charged that throughout the period June 2010 and April 2011, Ingram’s suppliers repeatedly contacted Ingram in an effort to seek payment. Trying to dissuade his suppliers from contacting BP directly, Ingram created false and fictitious e-mails, some in the names of real persons and others in the name of a non-existent or fictitious person. For example, it is charged that Ingram sent e-mails purporting to have been sent by a fictitious person, “Jerry Aldini,” with a Yahoo e-mail address to various persons during the course of the scheme.

If he is convicted of the conspiracy charged against him, Ingram faces a maximum penalty of five years’ imprisonment, three years’ supervised release, a $250,000 fine, and a $100 special assessment.

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

The case was investigated by special agents of the Federal Bureau of Investigation.

The case is being prosecuted by Assistant U.S. Attorneys Matt Chester and Eileen Gleason.”

Federal Wire Fraud Crimes – 18 U.S.C. 1343

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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 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 reportedly investigates Michigan Supreme Court justice”

October 31, 2012

The Detroit News on October 31, 2012 released the following:

“Hathaway’s real estate transactions questioned

By Robert Snell and Chad Livengood

Detroit — The FBI is investigating real estate transactions Michigan Supreme Court Justice Diane Hathaway made last year that allowed her to drop nearly $600,000 in mortgage debt on a $1.5 million Lake St. Clair home, sources familiar with the investigation told The Detroit News.

Sources said the probe was launched after news reports in May revealed Hathaway and her husband, trial attorney Michael Kingsley, transferred at least two of their homes to relatives before a bank allowed them to unload the home on Lakeview Court in Grosse Pointe Park in a November 2011 short sale.

The FBI tried to reach out to Hathaway’s family through interviews, said a source close to the investigation.

Real estate experts and the Democratic Party-nominated justice’s Republican political opponents have questioned whether Hathaway and Kingsley hid assets and committed mortgage fraud after the two homes were returned to the couple shortly after the short sale.

On Tuesday, Hathaway’s lawyer, Steve Fishman, declined to comment, as did the FBI.

Elected in 2008, Hathaway is not on the ballot this year, but Republicans are using questions surrounding her real estate dealings in recent radio and print advertising.

Public records show Hathaway and Kingsley’s Lakeview Court home was sold Nov. 8, 2011, on a short sale for $850,000, approximately $625,000 less than the couple borrowed in 2007.

To get a short sale, banks typically require homeowners to prove they are suffering a financial hardship and check for other assets, such as second homes. Hathaway makes $164,610 annually as a justice. Kingsley is an attorney.

Records show the couple transferred two homes to individuals identified by WXYZ-TV (Channel 7) as Hathaway’s stepchildren. A home in Windemere, Fla., was quitclaim deeded to Hathaway stepdaughter Kathryn Sterr in November 2010, and a home on Windmill Pointe Drive in Grosse Pointe Park was transferred to Michael James Kingsley Jr. in September 2010.

The Florida home was transferred back to Hathaway earlier this year, public records show.

Property records also show Sarah Kingsley — identified as another Hathaway stepdaughter — bought a home on Balfour Street in Grosse Pointe Park in April 2011 with $195,000 cash and quitclaimed the home to Hathaway less than a month after the short sale. No money traded hands, records show.

Dan Pero, president of the American Justice Partnership and a GOP political consultant, has filed an ethics complaint against Hathaway with the Judicial Tenure Commission, and his group has aired radio ads questioning Hathaway’s house swaps.

“There are literally tens of thousands of people in this state whose homes were lost through short sales … and yet Justice Hathaway was able to get out from under $600,000 worth (of debt) while she still owned two other homes,” Pero said.

Hathaway, a former Wayne Circuit Court judge, reportedly lives at the Balfour home and hasn’t commented on the transactions. In May, Supreme Court Chief Justice Robert Young Jr., a Republican nominee, urged Hathaway to “clear the air” on the transactions. Young recently declined further comment.

State records show Hathaway obtained her real estate broker’s license in 1987 and has maintained her license during her 16 years as a Wayne County judge and four years on the Supreme Court. Hathaway completed a continuing education course on short sales and foreclosures in October 2010, and last month she completed a course in “advanced real estate ethics and standards,” according to the Michigan Department of Licensing and Regulatory Affairs.

She also has taught real estate law in continuing education courses to brokers, according to her Supreme Court biography.

The News has tried to reach Hathaway for comment about the Republican ads highlighting her real estate transactions.

Southfield attorney Brian Einhorn called the newspaper back recently at Hathaway’s behest.

Einhorn said Hathaway has explained the transactions, but refused to say to whom she explained them.

Einhorn wouldn’t say whether he’s providing legal representation to the justice, only that “I’m a friend of hers.” He also was surprised to learn the FBI is looking into Hathaway’s personal transactions.

“To my knowledge, she’s never been contacted,” Einhorn said. “If that were to happen, I would know about it. I would know if there was an FBI investigation.””

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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 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 probes Foothills Regional Airport

June 13, 2012

Winston-Salem Journal on June 13, 2012 released the following:

“By: Sharon McBrayer and Julie N. Chang | Media General News Service

MORGANTON —
The FBI is investigating Foothills Regional Airport and two of its employees have been suspended without pay.

A news release Tuesday from Foothills Regional Airport Authority said a federal criminal investigation involves two employees of the airport, Alex Nelson and Brad Adkins. Nelson was the airport manager but Adkins did not hold a management position, according to airport officials.

“The Airport continues normal operations without interruption,” the statement said. “Brent Brinkley, a long time employee, has been appointed as acting administrator.”

FBI Public Affairs Specialist Shelley Lynch said, “As a matter of Department of Justice policy, the FBI can neither confirm nor deny the existence of investigations.”

According to the FBI’s website, it investigates public corruption, major white-collar crime, significant violent crime, civil rights violations and transnational/national criminal organizations and enterprises and cyber-based attacks and high-technology crimes, along with national security threats.

Airport Authority Chairman and Burke County Commissioner Chair Wayne Abele said Tuesday no one has been charged with anything and federal investigators haven’t given them any information about the investigation.

“All I know is it’s an ongoing investigation,” Abele said.

Abele said about 10 FBI personnel showed up at the airport last Tuesday, accompanied by Caldwell County Sheriff’s deputies, and seized records and computers.

“The FBI, they don’t charge people unless they have a concrete case,” Abele said.

The public airport, located on NC 18, receives funding from Burke and Caldwell counties and the cities of Morganton and Lenoir. The funding the airport received in the 2011-12 budgets of the two counties and two cities were:

  • Caldwell County — $48,254, which includes money for capital improvements; and $30,017 in property taxes the county collects on planes, said Stan Kiser, Caldwell County manager.
  • Burke County — $36,246 for operating expenses; $4,166 in capital improvement money; and $4,100 from property taxes paid on planes, said Paul Ijames, Burke County finance director and assistant county manager. He said more planes are kept on the Caldwell County side. He said even though $4,100 was budgeted for taxes, only $3,300 has been collected so far in property taxes on the 20 planes listed for the Burke County side.
  • City of Morganton — $38,088 for operating expenses and $4,166 in capital funding, said City Manager Sally Sandy.
  • City of Lenoir — $42,320 total for operating and capital expenses, said Kaye Reynolds, communications and resource director for the city of Lenoir.

None of the boards of the four governments has voted on their individual budgets for next year.

Each one of the four has a representative on the Airport Authority, which alerted the two counties and two cities about the investigation, according to the release from city of Morganton Attorney Louis Vinay. Vinay also is acting as the authority’s attorney after its previous one retired, Kiser said.

Cuts to the airport’s budget from the four member entities resulted in a $42,000 revenue shortfall on the operations side, Nelson recently told the Burke County Board of Commissioners. The airport made internal cuts, shortened operational hours and skipped on mowing to cut that amount down to about $24,000, Nelson said at the time.

The airport planned on asking each entity for additional money for this fiscal year, Nelson said.

During that recent meeting, Burke County Commissioner Maynard Taylor questioned why the airport needed more money and why it isn’t self-supporting. He also questioned what the average county resident received from the airport.

“We’re spending more money than we have every year to keep this thing above ground so to speak, but the average citizen in Burke – what are they getting for that,” Taylor said in previous reports.

The airport’s condition has improved since the authority took over, Abele said at the meeting.

At the time, Nelson said the airport is a “tourism magnet,” adding that area colleges recruiting athletes use the airport.

Burke County commissioners have put off the funding request.”

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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.