“‘Mandatory minimum’ sentences to end for many drug offenders”

August 12, 2013

Los Angeles Times on August 11, 2013 released the following:

“Atty. Gen. Eric H. Holder Jr. plans to announce a federal policy shift to reduce penalties for low-level, nonviolent offenders and to ease prison overcrowding.

By David G. Savage

SAN FRANCISCO — Federal prosecutors will no longer seek long, “mandatory minimum” sentences for many low-level, nonviolent drug offenders, under a major shift in policy aimed at turning around decades of explosive growth in the federal prison population, Atty. Gen. Eric H. Holder Jr. planned to announce Monday.

“Too many Americans go to too many prisons for far too long, and for no good law enforcement reason,” Holder planned to tell the American Bar Assn. meeting here, according to an advance text of his remarks. “While the aggressive enforcement of federal criminal statutes remains necessary, we cannot simply prosecute or incarcerate our way to becoming a safer nation.”

Under the new policy, prosecutors would send fewer drug offenders to federal prison for long terms and send more of them to drug treatment and community service. A Justice Department spokesman said officials had no estimate of how many future prosecutions would be affected.

The change responds to a major goal of civil rights groups, which say long prison sentences have disproportionately hurt low-income and minority communities.

In his speech, Holder endorses that point of view, saying that “a vicious cycle of poverty, criminality and incarceration traps too many Americans and weakens too many communities” and that “many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.”

He also notes that prominent conservatives have embraced the idea of cutting sentences and reducing prison populations.

Conservative groups with leaders including former House Speaker Newt Gingrich, anti-tax activist Grover Norquist and former Florida Gov. Jeb Bush have called for changing U.S. crime and prison policies, Justice Department officials note. Support from conservatives has come in part because of the enormous bite that prison costs take out of state budgets.

Beginning with the “war on drugs” of the 1980s, many states and the federal government adopted laws that required judges to impose long sentences on anyone caught with certain amounts of illegal drugs, regardless of the circumstances.

More recently, as crime rates have dropped sharply in most major urban areas, public demand for lengthy prison terms has waned, and both liberal and conservative states have changed their laws to incarcerate fewer people.

Advocates of change point to Texas and New York as leaders in the effort to reduce sentences, particularly for lower-level drug crimes. Although California has modified its strict “three strikes” sentencing laws, the state has made fewer changes than many others. The state’s prisons currently are under court order to reduce the number of inmates by nearly 10,000 this year to cope with overcrowding.

Congress has moved more slowly than state legislatures. But conservative Republicans and liberal Democrats have both called for pulling back on the use of mandatory minimum prison terms.

In his speech, Holder plans to cite proposals by Sens. Richard J. Durbin (D-Ill.) and Patrick J. Leahy (D-Vt.), two of the Senate’s leading liberals, and Sens. Mike Lee (R-Utah) and Rand Paul (R-Ky.), two tea party favorites, that would give judges more leeway in sentencing drug offenders.

“By reserving the most severe penalties for serious, high-level or violent drug traffickers, we can better promote public safety, deterrence and rehabilitation, while making our expenditures smarter and more productive,” Holder says in his speech.

How big a role mass incarceration has played in cutting crime rates remains a hotly debated topic among criminal justice experts. But there’s no disagreement that mandatory minimum sentences helped cause explosive growth in prison populations. At the federal level, nearly half of the 219,000 inmates are serving time for drug-related crimes.

“While the entire U.S. [prison] population has increased by about a third since 1980, the federal population has grown at an astonishing rate — by almost 800%,” Holder’s speech says. “It’s still growing, despite the fact that federal prisons are operating at nearly 40% above capacity. Even though this country comprises just 5% of the world’s population, we incarcerate almost a quarter of the world’s prisoners.”

Under the new federal policy, which stems from a review Holder ordered this year, U.S. attorneys will no longer bring charges that include lengthy mandatory minimum prison terms in cases of “low-level, nonviolent drug offenders who have no ties to large-scale organizations, gangs or cartels,” Holder planned to announce.

Those low-level offenders instead “will be charged with offenses for which the accompanying sentences are better suited to their individual conduct.”

Meting out long sentences to low-level criminals “breeds disrespect for the system” and does not serve public safety, the speech says.

In addition, according to the remarks, the federal Bureau of Prisons will revise its guidelines to allow the early release of more inmates who are elderly or who seek “compassionate release” for medical reasons.

The department is also looking into new ways to identify drug offenders who can be sent to drug treatment or required to do community service as an alternative to prison.

“Clearly, these strategies can work,” Holder’s speech says, citing recent efforts in Texas, Arkansas, Georgia, North Carolina, Ohio, Pennsylvania and Hawaii. “They’ve attracted overwhelming, bipartisan support in ‘red states’ as well as ‘blue states.’ And it’s past time for others to take notice.””

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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.


In the Eastern District of Arkansas Sixteen Defendants Have Been Charged in an Alleged Cocaine Conspiracy

May 15, 2013

The Federal Bureau of Investigation (FBI) on May 14, 2013 released the following:

“Sixteen Defendants, Including Mexican Drug Cartel Members, Charged in Cocaine Conspiracy

Christopher R. Thyer, United States Attorney for the Eastern District of Arkansas and Randall C. Coleman, Special Agent in Charge of the Federal Bureau of Investigation, Little Rock Field Office, announce that a 25-count indictment handed down by a federal grand jury on May 2, 2013, was unsealed today charging sixteen defendants in Arkansas, Texas, and Mexico with multiple drug offenses. The indictment alleges the lead defendant, Idalia Ramos Rangel, a/k/a La Tia or Big Momma, is a high-ranking member of the Gulf Cartel who directs a drug trafficking organization based in Matamoros, Mexico. That organization is responsible for the distribution of multiple hundreds of kilograms of cocaine in the United States.

The indictment is the result of a large-scale investigation into cocaine and narcotics trafficking from Mexico to Arkansas. Agents determined that Rangel’s drug trafficking organization is responsible for delivery of more than one hundred kilograms of cocaine in Arkansas. The charges in the indictment include conspiracy to possess with intent to distribute more than five kilograms of cocaine, distribution of cocaine, and use of a telephone to facilitate a drug trafficking crime. All 16 defendants are charged with conspiracy to distribute cocaine. If convicted of conspiracy to distribute more than five kilograms of cocaine, each defendant will face a sentence of not less than 10 years to life imprisonment.

“The arrests made in this case have dismantled a primary supply of cocaine into the State of Arkansas,” stated Thyer. “From the Gulf Cartel to prison to the streets of Central Arkansas, this was not a typical case to investigate. I want to thank the FBI for their leadership in this investigation. I also want to acknowledge the significant investigative work the Federal Bureau of Prisons and the Little Rock Police Department provided. Those who do business with drug cartels should be on notice that law enforcement is investigating and will commit the resources necessary to punish them for their illegal trafficking.”

“Today, a strong group of dedicated federal, state, and local law enforcement officials—from Arkansas to Texas—came together to disrupt a criminal drug enterprise directly linked to the Gulf Cartel,” stated FBI Special Agent in Charge Randall Coleman. “It was simply a case of outstanding teamwork. In Arkansas, we will continue to work together to disrupt and dismantle those groups who choose to conduct their criminal enterprise activities here.”

According to the indictment, Rangel’s family members are alleged to be involved in the drug distribution conspiracy. Her son, Mohammed Kazam Martinez, a/k/a Mo, a federal inmate in the Bureau of Prisons, recruited inmates in the Federal Correctional Complex at Forrest City, Arkansas, to distribute Rangel’s Gulf Cartel cocaine upon their release from prison. Those inmates included Emmanuel Ilo, a/k/a Chi Chi or Chi, and Mervin Johnson, a/k/a Slim, who the indictment alleges began distributing kilogram and multi-ounce quantities of the cocaine in Central Arkansas upon their release from federal prison. Mohammed Martinez communicated with members of this drug trafficking organization using the prison telephone and e-mail systems to coordinate the distribution of cocaine to, and the collection of drug proceeds from, former federal inmates and others. Another of Rangel’s sons, Homar Martinez, and one of her daughters, Nishme Martinez, are also charged as part of the conspiracy.

The indictment alleges that Ilo distributed Rangel’s Gulf Cartel cocaine to Dwatney Noid; Dwight McLittle, a/k/a D.A.; Lamont Williams, a/k/a Peter Rabbit; Gerard Trice, a/k/a Fly; Tarvars Honorable, a/k/a Pudgy; and others for redistribution to customers in the Eastern District of Arkansas. The FBI made multiple controlled purchases of cocaine in Central Arkansas totaling more than one kilogram during the investigation of this case.

The investigation was conducted by the FBI, with substantial assistance from the Federal Bureau of Prisons and the Little Rock Police Department. The case is being prosecuted by Assistant United States Attorneys Michael Gordon and Chris Givens.

An indictment contains only allegations. A defendant is presumed innocent unless and until proven guilty.

U.S. Attorney’s Office News Release

Defendants/Charges
Conspiracy to possess with intent to distribute cocaine:

  • Idalia Ramos Rangel, 57, Matamoros, Mexico
  • *Mohammed Kazam Martinez, 31, Beaumount, Texas
  • *Emanuel Ilo, 34, Little Rock, Arkansas
  • Mervin Johnson, 37, Little Rock, Arkansas
  • *Homar Martinez, 31, Brownsville, Texas
  • Manuel Garza, 31, Brownsville, Texas
  • *Jaime Benevides, 27, Austin, Texas
  • *Nishme Martinez, 26, Austin, Texas
  • *Denice Duran Martinez, 34, Brownsville, Texas
  • *Yadira Anahy Martinez, 36, Brownsville, Texas
  • Dwatney Noid, 30, Little Rock, Arkansas
  • *Dwight McLittle, 27, Little Rock, Arkansas
  • *Shanieka Tatum, 35, Little Rock, Arkansas
  • *Lamont Williams, 34, Little Rock, Arkansas
  • Gerard Trice, 29, Little Rock, Arkansas
  • *Tarvars Honorable, 33, Little Rock, Arkansas

* Denotes individual is in custody.

In addition to the conspiracy charges, the following defendants are also charged with the following crimes:

  • Emanuel Ilo: distribution of cocaine (six counts) and use of a telephone to facilitate a drug trafficking crime (two counts)
  • Mervin Johnson: distribution of cocaine (one count)
  • Dwatney Noid: distribution of cocaine (two counts) and use of a telephone to facilitate a drug trafficking crime (two counts)
  • Dwight McLittle: distribution of cocaine (six counts)
  • Shanieka Tatum: use of a telephone to facilitate a drug trafficking crime (three counts)
  • Lamont Williams: use of a telephone to facilitate a drug trafficking crime (two counts)
  • Gerard Trice: use of a telephone to facilitate a drug trafficking crime (two counts)
  • Tarvars Honorable: distribution of cocaine base (one count) and use of a telephone to facilitate a drug trafficking crime (one count).

Statutory Sentences

Conspiracy to possess with intent to distribute more than five kilograms of cocaine is punishable by not less than 10 years, not more than life, incarceration in the Bureau of Prisons with a possible fine of up to $10,000,000, and not less than five years’ supervised release.

Possession with intent to distribute less than 500 grams of cocaine or less than 28 grams of cocaine base is punishable by not more than 20 years’ incarceration in the Bureau of Prisons with a possible fine of up to $1,000,000 and not less than three years’ supervised release.

Use of a communication facility to facilitate a drug trafficking crime are not more than four years’ incarceration in the Bureau of Prisons with a possible fine of up to $250,000 and not more than one year supervised release.”

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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.


Making Crime Pay

April 9, 2012

The New York Times on April 7, 2012 released the following:

“By MATT RICHTEL

LARRY LEVINE, heavyset and bald, runs a thriving business out of a gated apartment complex in Ventura County, Calif., a setting that’s not at all bad for a home office considering some of the prison cells he’s lived in. But as he drops into his plush beige and white sectional couch to talk business, something is nagging at him.

The trouble is the new competition. All these guys are setting up shop, marketing themselves on the Internet, claiming they know the ropes and cutting into his market share.

To Mr. Levine, they’re a bunch of poseurs, with no street cred. After all, they’ve barely spent any time behind bars.

“Look at my résumé, I’ve got 10 years: high-security, medium, low,” said Mr. Levine, 50, who was in jail until 2007 on narcotics trafficking, counterfeiting and weapons charges. “These guys go in for a year and a half, maybe two. I’ve got more experience than all the rest of these guys combined.”

Mr. Levine is a prison consultant. The business — which entails advising people who are facing jail time on how to prepare for life on the inside, deal with medical issues, transfer to other prisons and even reduce their sentences — has been around for decades. It enjoys a burst of publicity when a boldface name like Bernie Madoff or Michael Vick hires a consultant.

But the business is changing. Behind the scenes, the profession is attracting a new crop of ex-cons who believe they can put their experience to work, rather than have it burden them in a tough job market.

And more competition means rising tempers and flying accusations. Some prison consultants say that others are so lacking in expertise that their businesses are practically criminal enterprises. Rancor among thieves.

“This industry’s exploding,” mourned Mr. Levine, who operates two Web sites, American Prison Consultants and Wall Street Prison Consultants. He reached to a nearby coffee table and picked up a piece of paper listing the names of several dozen competitors and the length of their prison sentences. This is not a rap sheet, it’s market research.

The business, he said, is “becoming saturated with people who don’t know what they’re doing.”

He and his competitors (some of whom find his prison time equally unimpressive) walk a fine marketing line, bragging about an extensive criminal record to attract customers. That can make it tough for potential clients to choose: How much incarceration time is enough? What kind of experience is right for the job — maximum security, solitary confinement, a knife fight?

To hear the consultants talk, most competitors aren’t worth the time of day.

“Let’s put it this way: If I was in prison, I wouldn’t share a chow table with Larry Levine,” said William Mulholland, who founded the Real Prison Consultant in 2010. He and Mr. Levine have had words about Mr. Mulholland directing people to free online resources about the prison system.

He also said Mr. Levine routinely criticizes lawyers as money pits, which Mr. Mullholland said only alienates lawyers who could be crucial allies for the fledgling industry. (Mr. Levine said Mr. Mulholland is afraid to criticize lawyers.)

“He’s like a used-car salesman,” Mr. Mulholland said of Mr. Levine.

Mr. Mulholland’s Web site identifies him as the “#1 Qualified Federal/State Prison Consultant in the United States.” It adds: “I Challenge any other Consultants as to their ‘So Called Certified Credentials.’ ”

He offers advice free, he said, so he can build credibility. There’s another reason: He’s not allowed to charge for his services. That’s because he remains under supervisory release and faces limitations on interacting with known felons, who could be among his clientele. He spent 21 years in prison for violent crimes; he’s been in gunfights, has beaten people with bats and sold drugs.

He said he is building his brand for when he can begin charging in June 2013. He also has a Twitter feed and a YouTube video. The name of his blog: The God of Time.

The Internet and social media certainly have given the business a boost, and the consultants are go-to guests on cable shows whenever a high-profile personality is indicted. The field includes Felony Prison Consultants, Executive Prison Consulting, the Real Prison Consultant, Faceless Prison Consultants, the Prison Coach, the Prison Doctor and others, around three dozen in all.

Their prices range widely; some charge by the hour, some by the service, from a few hundred dollars to tens of thousands per client, depending partly on the consultant’s experience and work required. It’s not clear whether the number of customers is growing or just the number of people hanging out a shingle is.

The consultants’ Web sites promote a long list of services, including helping people petition to be sent to a jail nearer to home, getting them into a drug-treatment program that can reduce a sentence or transitioning them to a halfway house. Many people hire consultants simply because they’re scared and want to know what to expect. The consultants teach prison etiquette.

For example? “Never walk across a wet floor,” Mr. Mulholland advised, saying you might mess up the work of the prisoner manning the mop. And then he might kill you.

A Web site is where Vickie Skidmore, 58, stumbled onto Michael Frantz, an ex-convict who runs Jail Time Consulting. Ms. Skidmore was seeking help getting a transfer and some medical assistance for her son, Marcus Rosenberger, 36, sentenced recently to 33 months on several counts of wire fraud related to real estate transactions in Florida.

She talked to several consultants and settled on Mr. Frantz, she said, because he listened to her, sounded intelligent and lived in her home state. And he’d done time.

“I asked lawyers to help me, but they don’t understand what goes on in the inside,” she said.

Some consultants rely on testimonials. On its Web site, Executive Prison Consultants gets a shout-out from Tim Donaghy, a former National Basketball Association referee who pleaded guilty to charges related to betting on games. The defrocked referee is quoted as saying, “The professionals at EPC get results!”

The site attracted a potential new client named Jeff, a Missouri resident who last year pleaded guilty to wire fraud and, in a few weeks, will enter a federal prison camp in Kansas City for a one-year sentence. Jeff, who asked that his last name not be used because he did not want to widely publicize his conviction, said that he went looking for a consultant because, “I’m just interested in spending the least amount of time in prison as possible.”

He checked out a few other Web sites and corresponded with a competitor by e-mail, he said, but he was dismayed when the competitor responded with form-letter responses, including one that referred to helping Jeff and “his wife.” Jeff is not married.

Do the consultants make a difference?

They certainly can, according to people who work in the criminal justice system. A sharp consultant, they say, can help with complicated paperwork, in much the same way that a college consultant can help a family navigate complicated financial aid forms. That said, people can also do the work themselves.

Chris Burke, a spokesman for the Federal Bureau of Prisons, declined to comment on the industry.

Not all prison consultants are ex-cons. Some worked as prison guards or employ former prison officials. Others are lawyers. Their clean record is more of an asset than being able to brag about time behind bars, they say.

“You think a warden is going to change a decision based on advice from a former resident? That is just not going to happen,” said Joel Sickler, who runs Justice Advocacy Group and has been a prison consultant for 30 years and, before that, a prison guard. He said his unblemished past would go over better with prison officials when he’s trying to petition for, say, a client transfer.

The ex-convicts in the business see things differently, arguing that relevant experience matters.

Mr. Frantz, of Jail Time Consulting, prefers this metaphor: “If you had to have someone take your appendix out, would you go to a guy that runs a gas station?”

Mr. Frantz, 65, earned his nearly 36 months of experience in a federal prison camp in Miami after pleading guilty to tax evasion and Medicare-fraud charges.

He hired a prison consultant, and the experience led to an epiphany: crime could indeed pay. He decided to become a consultant himself.

Besides, his options were limited. “I knew when I got out, I’d be 62 years old, a convicted felon,” he said. “Who the hell was going to hire me?”

While in prison, he spent time in the law library, learning about penal regulations. He wrote “Jail Time,” a book about what to expect in federal prison that he published in 2009, a year after he was released, and started Jail Time Consulting. It was promptly shut down by a judge, who suspended the operation until Mr. Frantz ended his supervisory release in 2011.

In this business, bad news is just another marketing opportunity. Mr. Frantz’s Web site now reads: “Jail Time — the book a United States District Judge doesn’t want you to read.”

Like other prison consultants, he questions his competitors’ business practices. Their rates, he says, can be outrageous.

“You want a transfer, I’ll charge you $625, for goodness sake,” he said. “Other people are charging $2,500. Come on!”

The business is unregulated, no license required. There is a Web site called the National Registry of Prison Consultants — “the authority on trust in the marketplace.”

It was started last year by Steven Oberfest, the founder of the Prison Coach, who said he served 15 months in the ’90s after taking a plea deal for racketeering. (He said it was related to charges that his piano-moving company was involved in the theft and distribution of stolen grand pianos, accusations he denies.) He said the industry sorely needs self-regulation for it to be taken seriously.

“You can’t just have people popping into the industry,” he said. “Just because you’ve finished doing time, doesn’t mean you’re a better person.”

The registry has a list of the top 10 prison consultants, but lists only two, Mr. Oberfest and Mr. Levine, the consultant from Ventura County.

But Mr. Levine said he considered the registry to be “a hoax.”

“For me, my reputation and my experience is my badge of honor,” he said, not an affiliation with an industry group.

Mr. Levine said he thought the competition would thin out over time because the competitors lack marketing smarts. Besides, he argued, he has the criminal CV to back up the marketing.

If they handed out diplomas for prison savvy, he said, “These guys have maybe an associate degree. I have like a Ph.D. or above.””

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

————————————————————–

To find additional federal criminal news, please read Federal 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.


Attorney General Holder Announces New Federal Bureau of Prisons Director

December 21, 2011

The U.S. Department of Justice on December 21, 2011 released the following:

“Attorney General Eric Holder today announced the appointment of Charles E. Samuels Jr. as the director of the Federal Bureau of Prisons (BOP).

“I am pleased that Charles will continue to build upon 23 years of distinguished service at the department,” said Attorney General Holder. “I am confident that Charles will provide the kind of effective and innovative leadership that will increase efficiency, further expand prisoner development and reentry programs, and allow for transparency and accountability at the Federal Bureau of Prisons – while remaining true to the BOP’s core mission of protecting public safety.”

“I am very honored to be appointed by Attorney General Holder to serve as the director for the Federal Bureau of Prisons and will continue to work with the great staff at every level of the BOP to meet our mission to protect society and provide meaningful life skills and reentry programs for our inmate population,” said Samuels. “I also look forward to working with the leadership and others in the Department of Justice, throughout the federal government and in states and local communities to further the department’s goals and objectives.”

In his current position as assistant director of the Correctional Programs Division for the BOP, which he has held since January 2011, Samuels oversees all inmate management and program functions, including intelligence and counterterrorism initiatives; security and emergency planning; inmate transportation; case management; mental health and religious services; private prisons; and community corrections. Samuels is also responsible for inmate skills development and reentry initiatives, and shares the attorney general’s commitment to reduce recidivism by preparing incarcerated people to return to their communities and become productive members of society.

Samuels began his career with the BOP as a correctional officer in 1988. He was promoted to a number of positions within the BOP including correctional programs administrator and executive assistant for the Northeast Regional Office. Samuels has served as associate warden at the Federal Correctional Institutions at Otisville, N.Y. and Beckley, W.Va.; ombudsman in the BOP’s Central Office; warden at the Federal Correctional Institutions at Manchester, Ky. and Fort Dix, N.J.; and senior deputy assistant director of the Correctional Programs Division.

Samuels is a native of Birmingham, Ala. He received his Bachelor of Science in Social and Behavioral Sciences from the University of Alabama in Birmingham. Samuels is a graduate of the Harvard University Executive Education Program.

The mission of the Federal Bureau of Prisons is to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient and appropriately secure, while providing work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens.”

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Judge recommends Colorado low-security prison for Blagojevich

December 13, 2011

Chicago Tribune on December 13, 2011 released the following:

“By Cynthia Dizikes
Tribune reporter

A federal judge today agreed to recommend that Rod Blagojevich serve his 14-year prison sentence at a low-security federal prison in Littleton, Colo.

U.S. District Judge James Zagel also agreed to extend Blagojevich’s surrender date to March 15 unless the former governor is able to sell his Ravenswood Manor residence before then. Last week, the judge had ordered Blagojevich to report to prison on Feb. 16.

Although Blagojevich would rather have been sent to a minimum-security prison camp, the U.S. Bureau of Prisons will not usually consider that option for defendants sentenced to 10 or more years in prison, said Blagojevich’s attorney, Sheldon Sorosky.

“It’s kind of like applying to school,” Sorosky said of deciding to request a low-security facility instead of a camp. “If the kid who’s got all C’s asks to go to Harvard, he’s probably not going to get in.”

Prison camps are the lowest security in the federal prison system and generally feature unsecured perimeters and dormitory-style living. The nearest prison camp to Chicago is in Oxford, Wis.

Low-security facilities, meanwhile, have secured perimeters, but instead of prison cells, they usually have dormitory living facilities, according to the Bureau of Prisons. The low-security facility in Littleton – officially known as the Federal Correctional Institution Englewood — is located 15 miles southwest of Denver, according to the Bureau of Prisons web site.

In sentencing Blagojevich last week, Zagel agreed to recommend that Blagojevich serve his time at a low-security prison and asked his attorneys to suggest a location.

The U.S. Bureau of Prisons will make any final decision on where Blagojevich will be incarcerated.”

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

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Raj Rajaratnam Checked into Devens Federal Medical Center (FMC Devens)

December 6, 2011
Devens Federal Medical Center
Photo By Elise Amendola
Devens Federal Medical Center

Business Insider on December 6, 2011 released the following:

“Raj Rajaratnam’s New Neighbors In Prison Are A Bunch Of High-Level Sex Offenders

By: Julia La Roche

Disgraced Galleon chief Raj Rajaratnam vacated his luxury Sutton Place apartment in Manhattan yesterday and checked into federal prison that houses high-level sex offenders.

Rajaratnam’s new abode at the Devens Federal Medical Center houses nearly 1,000 inmates. A significant portion of those inmates are sex offenders who require intensive, therapeutic treatment, while others suffer from severe substance abuse, according to Bureau of Prison’s website[].

The hedge fund manager, who was convicted of orchestrating the largest insider trading scheme in history, will at least begin his 11 year prison sentence at Devens.

That’s because Rajaratnam, a diabetic who requires dialysis, will need a facility to suit his health needs. Devens has its own dialysis treatment center on site.

According to Ed Bales, a managing director for Federal Prison Consultants, Rajaratnam probably won’t have to do any manual labor right away because of his health and he may never have to work during his sentence.

“He’s going to be reviewed because of his medical conditions,” Bale told Business Insider. “They won’t put him to work right away. He’s going to be sitting around loafing.”

For entertainment at Devens, there are recreational rooms, but no individual televisions in the cells, Bale said. There are gym facilities the inmates can use, but they are limited with equipment choices because they aren’t suppose to bulk up, he added.

“It’s a very mundane lifestyle — not too much excitement.””

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.


Nevin Shapiro is Apparently Not Returning to Miami

August 29, 2011

The Associated Press (AP) on August 29, 2011 released the following:

“Attorney: Shapiro not coming to South Florida

By TIM REYNOLDS

CORAL GABLES, Fla. (AP) — Nevin Shapiro is apparently not returning to Miami anytime soon.

Maria Elena Perez, the attorney for the former Miami booster and convicted Ponzi scheme architect whose claims of rampant rule breaking sparked an investigation into the Hurricanes’ football program, said in an email to The Associated Press that her client will not be transferred to a South Florida prison after all.

“Mr. Shapiro is no longer coming to Miami and we are now awaiting his re-designation, which could take some time,” Perez wrote.

A call placed to the Federal Bureau of Prisons late Monday afternoon was not immediately returned. The 42-year-old Shapiro, a longtime resident of the Miami area, has been held for the past couple weeks at a facility in Tallahassee, Fla.

He was expecting a transfer to a prison in the Miami area to serve the bulk of his 20-year prison sentence for bilking investors out of what federal prosecutors say was $930 million. Of that, Shapiro has been ordered to repay nearly $83 million, and he plans to raise at least some of that money by writing a tell-all book about his experiences with the Hurricanes.

Shapiro began making allegations about the Miami program around a year ago, and his claims became widely known earlier this month after Yahoo Sports published what he described as a “tsunami” of violations that could adversely affect the Hurricanes for years to come. He claimed to have provided 72 football players – 65 of whom suited up for the Hurricanes – with cars, money, gifts and even prostitutes between 2002 and 2010.

Shapiro’s claims also implicate 10 Miami football and basketball coaches, none of whom are still employed by the university.

On Monday, Miami President Donna Shalala reaffirmed the school’s commitment to the investigation into Shapiro’s claims and compliance practices at the university, saying that “you don’t time that process with a stopwatch.”

The NCAA is expected to rule early this week, possibly Tuesday, on the status of Miami football players already declared ineligible by the university. The NCAA has been asked to reinstate those players, though it’s certainly possible that the college sports governing body will, at the very least, decree that some players have to miss games because of their interactions with Shapiro.

“This guy is not going to deter the University of Miami from moving forward, and nor our football program,” coach Al Golden said Monday in his weekly appearance on WQAM radio.

Miami opens its season at Maryland on Sept. 5. The NCAA decisions will play a major role in deciding which Hurricanes actually take the field for that game.

Perez said Shapiro is being held at a special housing unit in Tallahassee, in solitary confinement, in part because of the media attention his case and story have generated in recent weeks. Prison officials, Perez said, are erring on a cautious side given Shapiro’s high profile right now.

“It may create a safety concern for him if he is placed in general population,” Perez wrote.”

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 extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

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