“Can federal charges be brought against Zimmerman?”

July 23, 2013

Reuters on July 23, 2013 released the following:

“By William Yeomans

Now that a Florida jury has found George Zimmerman not guilty of second degree murder and manslaughter, people across the nation are demanding federal prosecution. But this public debate has been clouded by misinformation about the possibility and scope of federal charges.

President Obama’s powerful comments on Friday helped put this matter in perspective. The state prosecution deserves a strong measure of deference. The federal government must, however, conduct a thorough investigation and undertake the rigorous analysis necessary to ensure that the federal interest in punishing civil rights violations is vindicated to the greatest extent possible.

The public outcry for federal involvement reveals the legitimate passions stirred by the killing of Trayvon Martin and drives home the importance of getting this right. The decision whether to prosecute, however, must be based on the evidence and the law as analyzed by professional civil rights prosecutors in the Justice Department.

Here are the essentials that the public needs to understand.

1. Federal charges are not barred by double jeopardy. While a state or the federal government cannot prosecute the same individual twice for the same crime, the state of Florida and the United States are separate sovereigns. Each has independent authority to prosecute individuals for violating their respective laws. The Supreme Court has ruled that a prosecution by the state does not pose a constitutional prohibition against prosecution by the federal government.

2. Though a federal prosecution is not barred by the Constitution, the federal government will pursue a successive prosecution based on the same conduct only when the state prosecution has left unvindicated a substantial federal interest and the government believes the evidence will be sufficient to obtain conviction of a federal crime by an unbiased jury. These requirements, sometimes referred to as the Petite policy, appear in the manual that guides United States attorneys.

The killing of this unarmed African-American teenager implicates the substantial federal interest in punishing racially motivated violence. For the limited purpose of identifying the interest, prosecutors will assume they can establish racial motivation. The more difficult elements to satisfy are whether the federal interest has been left unvindicated and whether the evidence is likely to lead to conviction.

In evaluating whether the interest has been left unvindicated, it is not enough that Zimmerman was acquitted. Rather, federal attorneys must examine factors such as whether the jury disregarded the evidence or law, significant evidence was unavailable, state law required proof of a fact that is not required by federal law, or there was some other element of the prosecution that left vindication of the federal interest incomplete.

3. Federal civil rights laws generally serve as a backstop for state criminal law enforcement. Federal civil rights laws date back to Reconstruction. They are usually based on the notion that states have primary responsibility for punishing violent acts, but there are federal interests of such importance that Washington must have independent authority to prosecute. The need for federal criminal civil rights laws lies in part in the failure of recalcitrant state and local officials — particularly in the South — to enforce the law and of Southern juries to return convictions. If the state is pursuing charges against a defendant that, if proven, would likely vindicate the federal interest, the federal government will generally step back to allow the state process to play out. Once that is complete, the federal government can then evaluate the adequacy of the state process and decide whether to pursue federal charges. It may decide further investigation is necessary or it may conclude all the evidence has been obtained.

4. While successive federal civil rights prosecutions are rare, they do happen. Perhaps the best known example was the prosecution of the Los Angeles police officers involved in the beating of Rodney King in 1991. After officers were acquitted of state charges, the federal government indicted four officers and obtained convictions of two. Similarly, the federal government prosecuted and obtained convictions of two men in the anti-Semitic killing of Yankel Rosenbaum in Crown Heights, New York in 1991 after they had been acquitted in state court.

5. Federal criminal law is limited, but there are several criminal civil rights statutes that serve as backstops to state law. Two such laws — 18 U.S.C. 241 and 242 — punish the deprivation of rights by state actors. These are the statutes used most often — as in the King case — to punish police officers who use excessive force. They appear unlikely to apply to Zimmerman, who was not cloaked in state authority, but was acting as a vigilante.

Two other laws — 18 U.S.C. 245 and 249 — prohibit racially motivated violence. Section 245 was enacted in 1968, as the first federal hate crime statute, along with the Fair Housing Act, which contains prohibitions against racially motivated violence associated with housing. Section 245 requires that the government show that the defendant used force because of race and because the victim was engaged in one of the six federally protected interests enumerated in the statute.

In this case, the government would likely have to show that Zimmerman attacked Martin because of his race and because he was using a public facility. The government would have to establish that the area where Martin was attacked was a public street or sidewalk, which could prove problematic since the attack occurred in a private, gated community.

In 2009, however, Congress enacted the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, which made it a crime to cause bodily injury because of race — regardless of whether the victim was exercising a federally protected right. This statute — 18 U.S.C. 249 — provides the most likely basis for a federal prosecution.

6. The major challenge of a federal prosecution will be to establish beyond a reasonable doubt that Zimmerman was motivated by race when he shot Martin. Race plainly played a central role in Martin’s death. Few would contend seriously that if Martin had been white Zimmerman would have profiled him in the same way and would have initiated the contact that led to his death. The government’s challenge, however, would be to convince a jury beyond a reasonable doubt that race motivated Zimmerman’s infliction of bodily harm. Zimmerman, doubtless, will argue that he was never motivated by race and certainly when he pulled the trigger he was defending himself and trying to save his life.

Most important, however, the state charges did not require it to prove racial motivation. The FBI has the opportunity and the obligation to investigate further into Zimmerman’s motivation.

In the end, whether or not criminal law provides a response to this unspeakable tragedy, the death of Trayvon Martin should spur each of us to heed Obama’s call to examine our individual attitudes about race, crime and culture. We should combine that reexamination with the extraordinary energy produced by the massive peaceful demonstrations following the verdict to examine harmful stereotypes and ill-conceived laws as we continue our long, painfully slow march toward the promise of a just nation.”

————————————————————–

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.


“Feds take evidence related to Zimmerman trial, including gun”

July 23, 2013

CNN on July 23, 2013 released the following:

“By Faith Karimi, CNN

(CNN) — Florida authorities have delivered all evidence related to the George Zimmerman investigation to federal officials, who are weighing whether to pursue a civil rights case.

The Sanford Police Department said it turned over all evidence, including a gun, to the Department of Justice on Monday.

Justice officials are investigating whether Zimmerman violated Trayvon Martin’s civil rights when he shot the African-American teenager.

Zimmerman, a former neighborhood watch volunteer, was acquitted of second-degree murder and manslaughter charges on July 13 after claiming he fired in self-defense. The shooting occurred in February last year.

Attorney General Eric Holder has said the Justice Department will “act in a manner that is consistent with the facts and the law.” Holder described Martin’s shooting as ” tragic, unnecessary,” and said a thorough investigation will be conducted.

“Independent of the legal determination that will be made, I believe that this tragedy provides yet another opportunity for our nation to speak honestly about the complicated and emotionally charged issues that this case has raised,” Holder said last week. “We must not — as we have too often in the past — let this opportunity pass.”

Justice officials opened an investigation into the Zimmerman case last year and will include testimony from the Florida trial.

Various civil rights groups have protested nationwide to demand the Justice Department bring federal charges against Zimmerman.

A petition by the NAACP has reached 1.5 million signatures, the civil rights organization said on its website.”

————————————————————–

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.


Bank Employee, Edna Edith Sepulveda, Indicted by a Federal Grand Jury for Allegedly Committing Federal Bank Fraud Crimes

July 17, 2013

The Federal Bureau of Investigation (FBI) on July 15, 2013 released the following:

“Bank Employee Charged with Bank Fraud

MCALLEN, TX— Edna Edith Sepulveda, 39, of McAllen, has surrendered to federal authorities following the return of an indictment alleging she perpetrated more than $200,000 in bank fraud, United States Attorney Kenneth Magidson announced today.

The indictment was returned July 9, 2013, and she made her initial appearance today, at which time she was permitted release upon posting bond.

According to the indictment, Sepulveda was a former employee of Inter National Bank of McAllen. Beginning in January 10, 2006, she allegedly devised a scheme to take money from Inter National Bank by fraudulent means. She then placed the funds into the accounts of her parents allegedly intended for her own personal use, according to the allegations. The total amount of loss to Inter National Bank is $232,351.19.

If convicted, Sepulveda faces up to 30 years in federal prison, as well as a $1 million fine.

This case is being investigated by the FBI with the cooperation of Inter National Bank. Assistant United States Attorney Jason C. Honeycutt is prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.”

Federal Bank Fraud Crimes – 18 U.S.C. § 1344

————————————————————–

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.


“Edward Snowden Charged With Espionage Over NSA Leaks”

June 22, 2013

The Huffington Post on June 21, 2013 released the following:

Reuters

“By Tabassum Zakaria and Mark Hosenball

WASHINGTON, June 21 (Reuters) – The United States has filed espionage charges against Edward Snowden, a former U.S. National Security Agency contractor who admitted revealing secret surveillance programs to media outlets, according to a court document made public on Friday.

Snowden, who is believed to be in hiding in Hong Kong, was charged with theft of government property, unauthorized communication of national defense information and willful communication of classified communications intelligence information to an unauthorized person, said the criminal complaint, which was dated June 14.

The latter two offenses fall under the U.S. Espionage Act and carry penalties of fines and up to 10 years in prison.

A single page of the complaint was unsealed on Friday. An accompanying affidavit remained under seal.

The charges are the government’s first step in what could be a long legal battle to return Snowden from Hong Kong and try him in a U.S. court.

Two U.S. sources, speaking on condition of anonymity, said the United States was preparing to seek Snowden’s extradition from Hong Kong, which is part of China but has wide-ranging autonomy, including an independent judiciary.

The Washington Post, which first reported the criminal complaint earlier on Friday, said the United States had asked Hong Kong to detain Snowden on a provisional arrest warrant.

There was no immediate response to requests for comment from Hong Kong’s security bureau.

Snowden earlier this month admitted leaking secrets about classified U.S. surveillance programs, creating a public uproar. Supporters say he is a whistleblower, while critics call him a criminal and perhaps even a traitor.

He disclosed documents detailing U.S. telephone and Internet surveillance efforts to the Washington Post and Britain’s Guardian newspaper.

The criminal complaint was filed in the Eastern District of Virginia, where Snowden’s former employer, Booz Allen Hamilton, is located.

That judicial district has seen a number of high-profile prosecutions, including the spy case against former FBI agent Robert Hanssen and the case of al Qaeda operative Zacarias Moussaoui. Both were convicted.

‘ACTIVE EXTRADITION RELATIONSHIP’

Documents leaked by Snowden revealed that the NSA has access to vast amounts of Internet data such as emails, chat rooms and video from large companies such as Facebook and Google, under a government program known as Prism.

They also showed that the government had worked through the secret Foreign Intelligence Surveillance Court to gather so-called metadata – such as the time, duration and telephone numbers called – on all calls carried by service providers such as Verizon.

President Barack Obama and his intelligence chiefs have vigorously defended the programs, saying they are regulated by law and that Congress was notified. They say the programs have been used to thwart militant plots and do not target Americans’ personal lives, they say.

U.S. federal prosecutors, by filing a criminal complaint, lay claim to a legal basis to make an extradition request of the authorities in Hong Kong, the Post reported. The prosecutors now have 60 days to file an indictment and can then take steps to secure Snowden’s extradition from Hong Kong for a criminal trial in the United States, the newspaper reported.

The United States and Hong Kong have “excellent cooperation” and as a result of agreements, “there is an active extradition relationship between Hong Kong and the United States,” a U.S. law enforcement official told Reuters.

An Icelandic businessman linked to the anti-secrecy group WikiLeaks said on Thursday he had readied a private plane in China to fly Snowden to Iceland if Iceland’s government would grant asylum.

Iceland refused on Friday to say whether it would grant asylum to Snowden.”

As Federal Criminal Lawyer Douglas McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal criminal violations:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

————————————————————–

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.


U.S. v. Edward J. Snowden – Federal Criminal Complaint

June 21, 2013

As Mr. McNabb predicted, the U.S. has charged Mr. Snowden in a Federal Criminal Complaint. He was charged on June 14, 2013 with the following federal criminal violations:

  • 18 USC 641 – Theft of Government Property
  • 18 USC 793(d) – Unauthorized Communication of National Defense Information
  • 18 USC 798(a)(3) – Willful Communication of Classified Communications Intelligence Information to an Unauthorized Person

A copy of the Snowden Federal Criminal Complaint may be found here.

“U.S. charges Snowden with espionage”

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

By Peter Finn and Sari Horwitz,

“Federal prosecutors have filed a criminal complaint against Edward Snowden, the former National Security Agency contractor who leaked a trove of documents about top-secret surveillance programs, and the United States has asked Hong Kong to detain him on a provisional arrest warrant, according to U.S. officials.

Snowden was charged with theft, “unauthorized communication of national defense information” and “willful communication of classified communications intelligence information to an unauthorized person,” according to the complaint. The last two charges were brought under the 1917 Espionage Act.

The complaint, which initially was sealed, was filed in the Eastern District of Virginia, a jurisdiction where Snowden’s former employer, Booz Allen Hamilton, is headquartered and a district with a long track record of prosecuting cases with national security implications. After The Washington Post reported the charges, senior administration officials said late Friday that the Justice Department was barraged with calls from lawmakers and reporters and decided to unseal the criminal complaint.

A Justice Department spokeswoman declined to comment.

Snowden flew to Hong Kong last month after leaving his job at an NSA facility in Hawaii with a collection of highly classified documents that he acquired while working at the agency as a systems analyst.

The documents, some of which have been published in The Post and Britain’s Guardian newspaper, detailed some of the most-
secret surveillance operations undertaken by the United States and Britain , as well as classified legal memos and court orders underpinning the programs in the United States.

The 30-year-old intelligence analyst revealed himself June 9 as the leaker in an interview with the Guardian and said he went to Hong Kong because it provided the “cultural and legal framework to allow me to work without being immediately detained.”

Snowden subsequently disappeared from public view; it is thought that he is still in the Chinese territory. Hong Kong has its own legislative and legal systems but ultimately answers to Beijing, under the “one country, two systems” arrangement.

The leaks have sparked national and international debates about the secret powers of the NSA to infringe on the privacy of Americans and foreigners. Officials from President Obama on down have said they welcome the opportunity to explain the importance of the programs and the safeguards they say are built into them. Skeptics, including some in Congress, have said the NSA has assumed the power to soak up data about Americans that was never intended under the law.

There was never any doubt that the Justice Department would seek to prosecute Snowden for one of the most significant national security leaks in the country’s history. The Obama administration has shown a particular propensity to go after leakers and has launched more investigations than any previous administration. This White House is responsible for bringing six of the nine total indictments ever brought under the 1917 Espionage Act. Snowden will be the seventh individual when he is formally indicted.

Justice Department officials had already said that a criminal investigation of Snowden was underway and was being run out of the FBI’s Washington field office in conjunction with lawyers from the department’s National Security Division.

By filing a criminal complaint, prosecutors have a legal basis to make the detention request of the authorities in Hong Kong. Prosecutors now have 60 days to file an indictment, probably under seal, and can then move to have Snowden extradited from Hong Kong for trial in the United States.

Snowden, however, can fight the extradition effort in the courts in Hong Kong. Any battle is likely to reach Hong Kong’s highest court and could last many months, lawyers in the United States and Hong Kong said.

The United States has an extradition treaty with Hong Kong, and U.S. officials said cooperation with the Chinese territory, which enjoys some autonomy from Beijing, has been good in previous cases.

The treaty, however, has an exception for political offenses, and espionage has traditionally been treated as a political offense. Snowden’s defense team in Hong Kong is likely to invoke part of the extradition treaty with the United States, which states that suspects will not be turned over to face criminal trial for offenses of a “political character.”

Typically in such cases, Hong Kong’s chief executive must first decide whether to issue a warrant for the accused’s arrest. But the extradition treaty also says that in exceptional cases a provisional warrant can be issued by a Hong Kong judge without the chief executive’s approval. The judge must give the chief executive notice, however, that he has issued the warrant.

A spokesperson at the office of Hong Kong chief executive Leung Chun-ying said there was no information on Snowden’s case. The police department did not respond to calls or e-mails. At the police station for Central District in Hong Kong Island, police officers on duty said they had not heard anything about Snowden.

If Snowden is arrested, he would appear before a judge. Bail would be unlikely and, instead, Snowden would be sent to the Lai Chi Kok maximum-security facility in Kowloon, a short drive from the high-end Mira Hotel, where he is last known to have stayed in Hong Kong.

Snowden could also remain in Hong Kong if the Chinese government decides that it is not in the defense or foreign policy interests of the government in Beijing to have him sent back to the United States for trial.

Another option would be for Snowden to apply for asylum with the United Nations High Commission for Refugees, which handles most asylum requests in Hong Kong. The UNHCR was closed Saturday morning and did not immediately respond to requests for comment via e-mail and phone. The asylum application process can take months or even years because Hong Kong has a severe backlog. The Hong Kong government cannot formally surrender individuals until their asylum applications have been processed.

Snowden also could attempt to reach another jurisdiction and seek asylum there before the authorities in Hong Kong act.”

————————————————————–

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.


Shannon Richardson Charged By the Feds With Allegedly Mailing Ricin Letters

June 10, 2013

Huffington Post on June 8, 2013 released the following:

By NOMAAN MERCHANT and DANNY ROBBINS AP

Shannon Richardson Tried To Frame Husband Nathaniel Richardson For Ricin Letters: FBI

TEXARKANA, Texas — Shannon Richardson had been married to her husband less than two years when she went to authorities and told them her suspicions: He was the one who had mailed ricin-laced letters to President Barack Obama and New York Mayor Michael Bloomberg threatening violence against gun-control advocates.

When investigators looked closer, they reached a different conclusion: It was the 35-year-old pregnant actress who had sent the letters, and she tried to frame her estranged husband in a bizarre case of marital conflict crossing with bioterrorism.

Those allegations are detailed in court documents filed Friday as Richardson was arrested and charged with mailing a threatening communication to the president. The federal charge carries up to 10 years in prison, U.S. attorney’s office spokeswoman Davilyn Walston said.

Richardson, a mother of five who has played bit roles on television and in movies, is accused of mailing the ricin-laced letters to the White House, to Bloomberg and to the mayor’s Washington gun-control group last month.

Richardson’s court-appointed attorney, Tonda Curry, said there was no intention to harm anyone and noted that it’s common knowledge that mail is checked before it reaches the person to whom these letters were addressed.

“From what I can say, based on what evidence I’ve seen, whoever did this crime never intended for ricin to reach the people to which the letters were addressed,” Curry said.

According to an FBI affidavit, Richardson contacted authorities on May 30 and implicated her husband, Nathaniel Richardson. She described finding small, brown beans with white speckles – a description matching the key ingredient in ricin, castor beans – at the couple’s home in New Boston, Texas. She also told investigators that she had found a sticky note on her husband’s desk with addresses for Bloomberg and Obama, the affidavit said.

But she later failed a polygraph test, the document said, and investigators looking into her story found numerous inconsistencies. Among them: Nathaniel Richardson would have been at work when Internet searches tied to the letters were made on the couple’s laptop and when the envelopes containing the letters were postmarked.

Finally, the affidavit says, in an interview with authorities on Thursday, Shannon Richardson admitted that she had received syringes and lye – a caustic chemical used in making ricin – in the mail; that she had printed the labels for the letters; and that she mailed them. However, she insisted her husband typed them and “made her” print and send them, the affidavit says.

No charges have been filed against her husband. His attorney, John Delk, told The Associated Press on Friday that his client was pleased with his wife’s arrest and was working with authorities to prove his innocence.

Delk previously told the AP that the couple is going through a divorce and that the 33-year-old Army veteran may have been “set up” by his wife. In divorce papers filed Thursday, Nathanial Richardson said the marriage had become “insupportable because of discord or conflict of personalities.”

FBI agents wearing hazardous material suits were seen going in and out of the Richardsons’ house on Wednesday in nearby New Boston, about 150 miles northeast of Dallas near the Arkansas and Oklahoma borders. Authorities conducted a similar search on May 31.

The house is now under quarantine for “environmental or toxic agents,” according to a posting at the residence. Multiple samples taken from the couples’ home tested positive for ricin, according to the affidavit. Federal agents also found castor beans along with syringes and other items that could be used to extract the lethal poison, the affidavit says.

Bloomberg issued a statement Friday thanking local and federal law enforcement agencies “for their outstanding work in apprehending a suspect,” saying they worked collaboratively from the outset “and will continue to do so as the investigation continues.”

Shannon Richardson appears in movies and on TV under the name Shannon Guess. Her resume on the Internet movie database IMDb said she has had small television roles in “The Vampire Diaries” and “The Walking Dead.” She had a minor role in the movie “The Blind Side” and appeared in an Avis commercial, according to the resume.

Delk said the Richardsons were expecting their first child in October. Shannon Richardson also has five children ranging in age from 4 to 19 from other relationships, four of whom had been living with the couple in the New Boston home, the attorney said.

Nathaniel Richardson works as a mechanic at the Red River Army Depot near Texarkana, Texas, a facility that repairs tanks, Humvees and other mobile military equipment. He and Shannon were married in October 2011.

A detention hearing for Shannon Richardson is scheduled for next Friday, court records show, and the government is requesting that she be held without bond.

The FBI is investigating at least three cases over the past two months in which ricin was mailed to Obama and other public figures. Ricin has been sent to officials sporadically over the years, but experts say that there seems to be a recent uptick and that copycat attacks – made possible by the relative ease of extracting the poison – may be the reason.

If inhaled, ricin can cause respiratory failure, among other symptoms. If swallowed, it can shut down the liver and other organs, resulting in death. The amount of ricin that can fit on the head of a pin is said to be enough to kill an adult if properly prepared. No antidote is available, though researchers are trying to develop one.”

————————————————————–

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.


Former Corporate Officers of China North East Petroleum Holdings Limited (CNEP) Charged with Alleged Fraud and False Statements

May 29, 2013

The Federal Bureau of Investigation (FBI) on May 28, 2013 released the following press release:

“WASHINGTON—The former president and CEO and the former vice president of corporate finance of China North East Petroleum Holdings Limited (CNEP), an oil and gas company whose stock is traded in the United States, have been charged with defrauding investors in connection with public offerings of stock.

Acting Assistant Attorney General Mythili Raman of the Criminal Division; U.S. Attorney for the District of Columbia Ronald C. Machen, Jr.; Assistant Director in Charge George Venizelos of the FBI’s New York Field Office; and Chief Richard Weber of the Internal Revenue Service’s Criminal Investigation (IRS-CI) made the announcement.

Wang Hongjun, 41, and Chao Jiang, 32, both Chinese citizens residing in California and New York, respectively, were indicted on May 23, 2013, with one count of conspiracy to commit wire and securities fraud and four counts of securities fraud, which each carry a maximum penalty of 25 years in prison. Jiang is also charged with two counts of false statements to the U.S. Securities and Exchange Commission (SEC) during sworn testimony, which each carry a maximum penalty of five years in prison. The indictment was made public today.

According to the indictment, Hongjun served as the president and CEO of CNEP from 2009 to 2010 and as the chairman of the Board of Directors beginning in 2010. Jiang served as the vice president of corporate finance and corporate secretary of CNEP from 2008 until approximately 2011. The charges allege that in June of 2009, CNEP registered a shelf offering with the SEC proposing to sell up to $40 million of CNEP common stock in the United States on the New York Stock Exchange. In September and December 2009, CNEP made two separate offerings pursuant to the June registration. In documents filed with the SEC related to the offerings, and in other public statements to investors, Hongjun and Jiang informed investors that CNEP intended to use the funds raised from the securities offerings for general corporate purposes and to repay a prior corporate debt.

The indictment alleges that, instead of using the offering proceeds as represented to CNEP’s investors, Hongjun and Jiang misappropriated approximately $1,265,000 of the proceeds by wiring the money to bank accounts in the name of their family members—approximately $965,000 to Jiang’s father and approximately $300,000 to Hongjun’s wife—which was used, in part, to purchase a home in California, jewelry, and a Mercedes-Benz.

In addition, the indictment alleges that Jiang testified falsely under oath to the SEC in Washington, D.C., about these transactions. In that testimony, Jiang stated that none of his family members had received anything of value over $500 from CNEP, despite having wired $965,000 from CNEP’s bank account to the account of his father. Jiang also testified falsely regarding the use of proceeds from the securities offerings.

An indictment is merely an accusation, and defendants are presumed innocent until proven guilty in a court of law.

In a related action, the SEC had previously filed a civil enforcement action against Hongjun, Jiang, and others in the Southern District of New York.

The case was investigated by the FBI’s New York Field Office and IRS-CI. The Department wishes to thank the SEC for its significant assistance in this case. The investigation is continuing.

This case is being prosecuted by Trial Attorneys Daniel Kahn and Kevin Muhlendorf of the Criminal Division’s Fraud Section and Assistant U.S. Attorney David Johnson for the District of Columbia.”

————————————————————–

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.


“Inmate Charged in Murder-for-Hire Plot Against Federal Judge”

May 16, 2013

The Federal Bureau of Investigation (FBI) on May 15, 2013 released the following:

“FORT WORTH, TX— Phillip Monroe Ballard, 71, has been charged with murder for hire, United States Attorney Kenneth Magidson of the Southern District of Texas announced today.

The indictment, returned just a short time ago, alleges Ballard solicited the murder for hire of a U.S. District Judge in the Northern District of Texas.

Ballard, currently in federal custody on unrelated charges in the Northern District of Texas, will remain in custody pending further criminal proceedings in this case. He is expected to appear before a U.S. Magistrate Judge in Fort Worth in the near future.

If convicted, Ballard faces up to 20 years in prison and a $250,000 fine.

The case is being investigated by the FBI. Assistant U.S. Attorneys Mark McIntyre and Craig Feazel are prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.”

————————————————————–

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.


“Prosecutors: Ex-comptroller accused of stealing $53M from small Illinois city to plead guilty”

November 14, 2012

The Washington Post on November 13, 2012 released the following:

“By Associated Press

CHICAGO — A former comptroller accused of stealing $53 million from her small northern Illinois city to fund a lavish lifestyle, including one of the nation’s foremost horse-breeding operations, is expected to plead guilty on Wednesday, federal prosecutors said.

Rita Crundwell will plead guilty to a federal charge that accuses her of stealing the public money while overseeing the public finances of Dixon, U.S. attorney’s spokesman Randall Samborn said. Prosecutors allege that she stole the money over several years and siphoned it into a secret bank account.

Crundwell had previously pleaded not guilty to the wire fraud count, which carried a maximum sentence of up to 20 years in prison.

Dixon Mayor James Burke welcomed her apparent change of heart, saying it should clear the way for the city to recoup more of its losses. A guilty plea in the federal case enables U.S. Marshals to start selling off millions of dollars of assets still in Crundwell’s name, including around $450,000 worth of diamonds and other jewels, ranch land and a house in Florida, he said.

“This is very good news,” he told The Associated Press in a telephone interview from his office Tuesday. “If she wanted to continue with not guilty pleas, she could have dragged this out for two or three years.”

Burke said Crudwell’s assets probably amounted to several million dollars, though he didn’t have a specific figure.

Crunwell’s federal public defenders, Paul Gaziano and Kristin Carpenter, did not immediately return messages seeking messages Tuesday afternoon. Crundwell, who is free on a recognizance bond, is scheduled to appear before U.S. District Judge Philip G. Reinhard in Rockford federal court on Wednesday.

Crundwell, 58, is accused of using her modestly paid town hall job to steal tax dollars, support an extravagant lifestyle and win national fame as a breeder. Prosecutors allege that since 1990, Crundwell stole more than $53 million from Dixon, where she oversaw public finances as the city comptroller since the 1980s. The small city is about 100 miles west of Chicago.

Authorities say Crundwell bought luxury homes and vehicles, and spent millions on her horse-breeding operation, RC Quarter Horses LLC, which produced 52 world champions in exhibitions run by the American Quarter Horse Association.

Prosecutors say Crundwell’s scheme unraveled only after a co-worker filling in for her while she was on an extended vacation stumbled upon the secret bank account.

Federal prosecutors alleged Crundwell created phony invoices that she characterized as being from the state of Illinois. She then allegedly put that money from a city account into another account, which she repeatedly used for personal use.

Her arrest stunned Dixon, a small city along a picturesque vein of the Mississippi River in Illinois farm country and the boyhood home of the late President Ronald Reagan. Its 16,000 residents are largely lower-middle class, working at factories, grain farms, the local prison and a hospital, among other places.

Crundwell also has pleaded not guilty to 60 separate but related felony theft counts in Lee County. The selling of the assets was held up only by the federal case, said Burke.

Since the case broke, the U.S. Marshals Service auctioned dozens of Crundwell’s horses. Officials have said that if Crundwell was found guilty, the proceeds would go toward restitution for the city.

Crundwell grew up in Dixon, playing baseball and surrounded by the outdoors and animals on her family’s farm. At 17, she started at City Hall in a work program for high school students. She stayed, serving as treasurer before becoming comptroller.

According to the mayor, the horses could be sold — unlike the jewelry and other property — before a guilty plea because Crundwell agreed to it.

But otherwise, he added, “there is no indication that she has remorse over this whole thing.””

————————————————————–

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 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.


Christopher Tappin, extradition’s forgotten victim who is awaiting US trial, talks of his strange life in Texas

October 22, 2012

The Telegraph on October 21, 2012 released the following:

“By Philip Sherwell

As he strolled off the fairway with his scorecard at the 18th hole, the white-haired man in blue polo shirt and khaki shorts could have been just another relaxed late-afternoon golfer.

But a closer look revealed two pieces of extra “kit” not needed by his playing partners at the country club in the affluent leafy suburbia north of Houston.

Inside the white sock on his left foot was the bulge of an ankle bracelet, while a satellite GPS tracking device blinked in a holster on his belt.

For this was Christopher Tappin, the retired British businessman, former president of the Kent Golf Union and epitome of Home Counties respectability who will go on trial in two weeks [NOV 5] in a Texas courtroom charged with conspiring to supply batteries for Iranian missiles.

His case made headlines as he fought extradition from Britain for five years, under the lopsided treaty passed by the Labour government after the Sept 2001 terror attacks.

This requires evidence of “probable cause” before an American is extradited to Britain, a far higher standard of proof than the “reasonable suspicion” that suffices to send a Briton to trial in the US.

Mr Tappin, 65, who has consistently denied the charges, eventually lost that battle in February and was handed over to the US authorities. The next two months were spent in the hellish conditions of a federal prison in New Mexico, much of the time in solitary confinement.

In April, he was released under strict bail conditions – including wearing the ankle bracelet and GPS tracker to ensure that he does not leave the three Texas counties where he is allowed out before his overnight curfew.

And last week, he spoke for the first time about his life since then in a wide-ranging interview with The Sunday Telegraph.

As he finished the 18 holes in a brisk round of 75, the 65-year-old grandfather looked as calm as the new friends he has made among the businessmen and lawyers at the club.

There was no indication of the inner turmoil that he must feel as he prepares to face an agonising dilemma next month in a federal courtroom in El Paso.

If he pleads not guilty and loses in a country with one of the world’s highest conviction rates, then he could be jailed for up to 35 years in the US – effectively a life sentence away from his sick wife, two children and grandson.

But in a common US legal move, prosecutors are expected to offer him a plea bargain that would give him a much shorter prison term and to probably repatriation to a British jail – provided he admits at least some of the charges.

Mr Tappin, from Orpington, owned a freight shipping company and is accused of trying to buy 50 oxide batteries to power Iranian Hawk missiles after a colleague made contact with a front company set up by the Department of Homeland Security.

He has, however, always insisted he was the unwitting victim of an FBI sting operation and believed the batteries were for commercial use in the Netherlands.

For Mr Tappin, the rounds of his beloved golf that he plays most days are a solace and escape. “Without the golf, I’d go raving mad,” he said. “It keeps me from thinking too much about the case, but it’s tough, it’s very tough.”

His failed battle against extradition was one among a series involving Britons accused in the US of alleged crimes that took place on UK soil.

Last week, he heard some bittersweet news about the most high-profile of all such cases during his daily telephone call from his wife [] Elaine, who is in Britain and unable to visit him because she suffers Churg-Strauss syndrome, a severe allergic condition that endangers the body’s vital organs.

She told him that Theresa May, the Home Secretary, had ruled that the Briton, Gary McKinnon, accused of hacking into US military computers and causing 300 of them to crash, would not be handed to the US authorities for trial. Her last-minute decision to block his extradition frustrated US officials, who said publicly that they were “disappointed” but were privately furious.

Mrs May took the decision on medical grounds – Mr McKinnon suffers from Asperger’s, a form of autism and his family had argued that he would not survive life inside an US jail, even awaiting trial.

But she also announced plans to introduce a so-called “forum bar” under which judges would decide whether alleged offences should be tried in Britain rather than in the US. If such a law had already been in place, Mr Tappin might have been tried in Britain rather than in America – and as key evidence was collected from a sting operation, the case could have been thrown out before reaching court.

“I’m delighted for Gary and his mother Janis,” he said. “I’ve met them several times and this is great news.

“Gary would never have survived the prison they slung me into, not in his condition. It was the psychotic screaming throughout the night that got me. And the head-banging. And God help him if he’d had to go through solitary like I did, with the lights on 24 hours and the only human contact when they give you a meal three times a day. He couldn’t have coped.

“I desperately hope this presages a change to the system. Something has to be done with that treaty and we’ve been advocating for a ‘forum bar’ for a long time. It’s got to be changed.

“I hope I am the final Brit to be extradited under this treaty as it stands. My case should never be being tried here in the US, I was living in the UK when these alleged offences took place, the crimes were allegedly committed in Britain and the evidence against me comes from the UK, so why am I not being tried in the UK?”

As Mr Tappin awaits that trial, he is trapped in a “gilded cage” existence, and one that is eating up the money he made running his freight business.

After his release on bail, he initially lived at his lawyer’s $2 million home in an upmarket neighbourhood that is built around a Jack Nicklaus-designed golf course and protected by private guards and security barriers.

He is now renting his own one-bedroom apartment in a nearby gated community in the wealthy suburban belt north of Houston called Woodlands. “There’s a gym and a swimming pool that I use and I try and keep myself physically fit, though mentally is a whole different challenge,” he said.

“It a very nice area with some lovely people, but you pay a heavy price for life in a paradise,” he noted wrily. “I miss my family and friends and home deeply. Life is boring, to be honest. Each day is deja deja deja déjà vu.”

He is not allowed access to email or the internet under the terms of his bail, but talks each day with his wife and friends and also spends several hours writing and answering letters in longhand.

And he does of course have his golf, playing with his own clubs after they were brought out on a visit by his son Neil, the deputy editor of Golf Monthly magazine. “I’m playing well and happy to get my game back after his two months in jail,” he said. “But these are hardly the circumstances in which I’d want to sharpen my game.”

Pointing to his ankle bracelet and GPS device he added: “And of course, I have to wear these things. It’s not comfortable, but you get used to it. The court charges me a $9 fee a day for the honour of wearing them.”

He has to be home each night from 10pm to 6am under a curfew, and most evenings he cooks for himself. So one big plus, he said, was the discovery of Goodwood’s British Market, a nearby store that specialises in foods from Britain. “They’ve got it all, bangers, fish and chips, Heinz baked beans, HP sauce, Robinson marmalade and the like,” he said.

But he is lonely and desperately pines for home. “It’s nice to hear an English accent,” he said during the interview. “At least the heat of summer has relented. This is the only place where I know where they have to chill the outdoor pools with ice.”

Adding to the strain is the deterioration in his wife’s health. Mrs Tappin visited him in June, but is now no longer allowed to fly on doctor’s orders and is awaiting an operation.

“Elaine is very unwell and this whole situation is really aggravating her condition,” he said. “It used to be me who cared for her. That’s now fallen to my daughter Georgina, but it’s a real strain for her.”

No family will be in El Paso on Nov 5 when appears in court – quite possibly in the manacles and jumpsuit that he had to wear for earlier hearings. “It really wouldn’t serve any purpose to have them there,” he said with resignation. “I just need to get home to them.” As the trial date approaches, the strain is taking its toll. “I used to feel OK, that I have a strong case and didn’t worry too much about it. But the nearer it gets the more I worry.”

He has lost weight and runs his hand through his thinning hair as he spoke, sighing and blowing out air as he talks about his exasperation at his plight.

“It’s utterly devastating to be in this situation at my stage in life,” he said. “I should be spending my retirement looking after my wife, enjoying my new grandchild and playing some golf. Extradition was a very bitter pill to swallow.”

He is not only dealing with the enormity of his legal challenge. He is also undergoing a crash course in American culture, and in particular that of its biggest state, as he finds himself living in a country that he only ever visited as an occasional tourist, the last time 10 years ago.

“Texas is a funny old pace and everything’s just so very different from Kent,” he mused. “They go on about road deaths here but there are guns everywhere and they don’t seem to care. There’s even a Gun Channel on the TV, for heaven’s sake.

“I have made some good friends playing golf, but it is difficult to reconcile how nice some of the people are and how harsh the system is. It’s not just me of course. They’re just as harsh on their own people. They don’t call it ‘Incarceration Nation’ for nothing. There is a huge prison population and the prison industry is a big business.”

Mr Tappin talks regularly to David Bermingham, one of the “NatWest Three”, the British bankers who were also controversially extradited to the US for financial crimes allegedly committed in the UK. The men were jailed in the US after admitting a single offence and sent home to serve out their sentences.

“It’s good to talk to someone who has been in this situation,” he said. And he hopes that a change in the extradition treaty will come in time to help Richard O’Dwyer, a 24-year student in Sheffield, who faces jail in the US for hosting a television download website from his bedsit.

Meanwhile, Mr Tappin is tangling with another immediate headache. His passport has been removed so he cannot board a flight. But his bail conditions restrict his movements to two counties in and around Houston, as his lawyer is based there, and El Paso, where he faces trial – but not the swath of Texas through which he would have to drive between them.

“I’m not quite how I’m even going to get to court,” he said. “What a situation.””

————————————————————–

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.