Tuffek Mohammed Ali Saleh Charged in a Federal Criminal Complaint with Allegedly Making False Statements

June 28, 2013

The U.S. Immigration and Customs Enforcement (ICE) on June 28, 2013 released the following:

“Rochester man charged with making false statements

ROCHESTER, N.Y. – A Yemeni citizen was arrested Thursday by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) special agents on three counts of making false statements about his immigration status.

Tuffek Mohammed Ali Saleh, 41, was arrested in Rochester and charged by criminal complaint with making a false statement on an immigration document, making a false statement to an immigration official and making a false claim of United States citizenship. The charges carry a maximum penalty of 10 years in prison and a fine of up to $250,000.

According to the complaint, in April 2012 the defendant applied for U.S. citizenship under the name Yehya Muthana Ali. During the processing of Saleh’s application, it was determined that the defendant had previously applied to enter the United States using a different identity. The complaint further alleges that during a subsequent interview with immigration officials, Saleh failed to disclose that he in fact previously went by other names.

In April 2013, Saleh walked into a New York State Lottery Claims Center in Rochester and presented a torn scratch off ticket claiming to have won $3,000,000. As a result, the defendant filled out a Claim Form Worksheet and indicated that he was a U.S. citizen. According to the New York State Lottery, citizenship is material to the awarding of any lottery winnings because citizens and non-citizens are taxed at different rates.

The New York State Police provided substantial support during HSI’s investigation of Saleh.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until proven guilty in a court of law.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


Christopher Stephens Charged in Federal Complaint Alleging He Made Threats to Blow Up Federal Courthouses

May 29, 2013

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

“DALLAS—Christopher Stephens, 34, appeared in federal court today in Wichita Falls, Texas, before U.S. Magistrate Judge Robert K. Roach on a criminal complaint related to several threats he allegedly made to blow up federal buildings in the Dallas-Fort Worth metroplex, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas. Stephens, who resided at the North Texas State Hospital (NTSH) in Wichita Falls, was ordered detained, pending a probable cause and detention hearing that will be set at a later date and held before U.S. Magistrate Judge David L. Horan in federal court in Dallas.

According to the affidavit filed with the complaint, the Wichita Falls Police Department’s (WFPD) communications center received telephone calls, one on March 5, 2013, and one the following day, from a caller who identified himself as “Gerald Adams.” In those calls, the caller threatened to blow up the U.S. Courthouse in Dallas. During the second phone call, the communications operator asked the caller if he was located at the NTSH, and the caller said that he was.

Law enforcement contacted an individual with a similar name who resided at the NTSH; however, it was determined that this individual was not the one who made the telephonic bomb threats. This individual stated that he believed the caller was another resident of NTSH, Christopher Stephens. He explained that Stephens became fascinated with his ex-wife, who had visited on several occasions and that Stephens had alluded to making contact with her upon his release. The individual believed that Stephens used his name to sabotage his release date.

On March 7, 2013, the WFPD’s communication center received a third bomb threat. During that call, Stephens advised that a bomb had been planted at the U.S. Courthouse in Fort Worth. The operator kept Stephens on the line long enough for WFPD officers to go to NTSH and observe Stephens on the phone speaking with the WFPD. Stephens did not deny making the bomb threat.

NTSH provided the officers with letters from Stephens. One letter was addressed to a WFPD officer and one was addressed to the FBI. Both letters provided a detailed description of how Stephens would blow up a federal courthouse, what materials he would use to make the bomb and how it would detonate. Stephens also wrote racial comments in the letter and included Nazi SS symbols.

On March 25, 2013, the FBI Dallas Field Division received a letter, via the U.S. Postal Service, signed by Stephens. That letter read, “I will blow up the Federal Courthouse in Fort Worth, Texas.” On April 3, 2013, the WFPD received a mailed bomb threat from Stephens that mirrored the one sent earlier to the FBI, with the exception that the letter depicted three Nazi Swastikas and the words “White Power.”

A federal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. Stephens is charged with one count of using to the mail to willfully make a threat to unlawfully damage or destroy a federal courthouse by means of an explosive. That offense as charged carries a maximum statutory penalty 10 years in federal prison and a $250,000 fine, per count.

The matter is being investigated by the FBI and the WFPD. Assistant U.S. Attorney Kate Pfeifle and Deputy Criminal Chief Assistant U.S. Attorney Gary Tromblay are prosecuting.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


“Men Ordered Detained on Charges of Conspiracy and Hostage Taking”

May 2, 2013

The Federal Bureau of Investigation (FBI) on May 1, 2013 released the following:

“MCALLEN, TX— Miguel Angel Navarro, 35, of Hidalgo, and Onan Herrera-Sanchez, 24, of Honduras, have been ordered detained pending trial on charges of conspiracy and hostage taking, United States Attorney Kenneth Magidson announced today.

Navarro and Herrera-Sanchez appeared in court for an arraignment and detention hearing just a short time ago before U.S. Magistrate Judge Dorina Ramos, at which time she ordered them held without bond pending further criminal proceedings. A third defendant, Milton Leonel Trevino, 20, of Pharr, is also charged with the same offenses and was previously ordered detained.

All three men were charged in a two-count indictment in April 2013 with hostage taking and conspiracy to commit hostage taking. The indictment alleges they knowingly and intentionally conspired and agreed with each other to seize or detain and threaten to kill, injure, or continue to detain another person in order to compel a third person to pay a sum of money as an explicit or implicit condition for the release of the person detained.

According to a federal complaint filed in March 2013, a female victim was kidnapped from a UT-Pan American University parking lot at approximately 7:15 p.m. on September 25, 2012. She was allegedly forced into a vehicle by Herrera-Sanchez. Navarro was driving and Trevino was a passenger, according to the complaint. The victim was allegedly taken and held at Trevino’s home.

That evening, the victim’s father received a phone call demanding a ransom in exchange for his daughter’s release. He was allegedly told he had until September 27, 2012, to deliver $100,000 to a location in Penitas. During a subsequent call, the victim’s father was told his daughter would be killed if they did not “get rid of” the police. The complaint alleges that on September 26, 2012, at approximately 7:30 p.m., Trevino called the victim’s father and told him that he could pick her up at a residence in Pharr. She was released approximately an hour later.

Each man faces up to life in prison and a possible $250,000 fine on each count, upon conviction.

The charges resulting in an indictment were the result of a joint investigation by the FBI and the University of Texas-Pan American Police Department with assistance from other law enforcement agencies.

This case is being prosecuted by Assistant United States Attorney Linda Requénez.

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

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

Federal Crimes – Appeal

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To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


Martin S. Kimber Indicted by a Federal Grand Jury Alleging Chemical Weapons Offenses

May 17, 2012

The Federal Bureau of Investigation (FBI) on May 17, 2012 released the following:

“Man Indicted for Chemical Weapons Offenses

Richard S. Hartunian, United States Attorney for the Northern District of New York, announced today the indictment of Martin S. Kimber, 59, of Ruby, New York. Kimber is charged in three counts with violations of the chemical weapon statute (counts one and two), which prohibits individuals from possessing, stockpiling, or using a toxic chemical as a weapon; and with a violation of the consumer product tampering statute (count three).

The indictment alleges that in December 10, 2010 and December 23, 2010, Kimber received medical care at the Albany Medical Center and that on January 24, 2011, he wrote to complain about having to pay for his treatment. It further alleges that on February 22, 2011, the Albany Medical Center Associate Medical Director wrote back to explain why the bills were appropriate and discussed the outcome associated with the defendant having provided inaccurate information about his injury and his decision not to complete the care proscribed by his treating physician.

The indictment alleges that on March 2, 2012, Kimber spread mercury, a known toxic substance, throughout various areas of the Albany Medical Center cafeteria, including in and around food served to customers, and on and around heating elements use in food preparation. It further describes three previous instances, March 28, 2011, April 11, 2011, June 23, 2011, where mercury was spread around the hospital on days when New York State toll records establish the defendant traveled from his home in Ruby, New York and exited at the get-off for the Albany Medical Center. The indictment alleges that on March 2, 2012, Kimber’s activities were captured on hospital video surveillance cameras in the Albany Medical Center cafeteria— where mercury was subsequently found —including on food consumed by at least one patron. Canisters of mercury were subsequently found by law enforcement officers in Kimber’s home and car. The person who ate the contaminated food was subsequently treated in the hospital’s emergency room. An emergency chemical response team at the Albany Medical Center responded promptly to the mercury contamination on each occasion and removed it from the premises.

The defendant was arrested on April 25, 2012 and is in jail, being held in pretrial detention. On March 2, 2012, following a detention hearing, United States Magistrate Judge Andrew T. Baxter determined that Kimber poses a serious danger to the community and that no combination of release conditions could be established to permit him to be released without continuing to pose a danger to the community.

A complaint filed in support of an arrest warrant was unsealed on April 26, 2012. It alleged that a search warrant was executed at Kimber’s house and automobile. Besides the seizure of two canisters of mercury, the complaint further alleged that approximately 21 guns were removed from Kimber’s residence. Literature reflecting sympathy for domestic terrorism (The Turner Diaries) was observed during the search, which states on the cover page, “This book contains racist propagnda” and “The FBI said it was the blueprint for the Oklahoma City bombing. Searching officers further observed a Nazi swastika on a wall of Kimber’s home.

The two chemical weapons counts each contain a maximum possible term of life in jail and a fine of $250,000 or twice the gross loss to any victim. The consumer product tampering charge contains a maximum possible penalty of 10 years in jail and a fine of $250,000 or twice the gross loss to any victim.

Mercury is a known hazardous substance that has been very well-studied. Among other things, mercury is a human neurotoxin that kills nerve cells, can result in brain and lung damage, respiratory failure, ataxia, speech impairment, constriction of the visual field, hearing loss, and somatosensory change. Mercury is readily absorbed through unbroken skin, by intestinal absorption after ingestion, and by inhalation of vapors. It accumulates in the body and can cause damage to internal organs including kidneys.

The allegations in the Indictment and criminal complaint are mere accusations and all persons are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

This case is being investigated by special agents of the Environmental Protection Agency, Food and Drug Administration-Office of Criminal Investigations, and Federal Bureau of Investigation. Assistance has been provided by the Towns of Albany and Ulster Police Departments. The case is being prosecuted by Assistant United States Attorney Craig Benedict. Questions may be directed to AUSA Benedict at 315-448-0672.”

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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.


Former top FBI agent charged with alleged child porn distribution

May 16, 2012

CNN on May 15, 2012 released the following:

By Bill Mears

“(CNN) — A former supervisory FBI agent has been arrested and jailed on child pornography charges.

Donald Sachtleben was taken into custody and charged Monday after a nationwide undercover investigation of illegal child porn images traded over the Internet.

The 54-year-old resident of Carmel, Indiana, has pleaded not guilty and has a detention hearing in federal court Wednesday.

A federal complaint alleges 30 graphic images and video were found on Sachtleben’s laptop computer late last week when FBI agents searched his home, about 23 miles north of Indianapolis.

The arrest was a result a months-long probe, said the U.S. attorney for the Southern District of Indiana, Joseph Hogsett.

“The mission of our Project Safe Childhood initiative is to investigate and prosecute anyone found to (be) engaged in the sexual exploitation of children,” Hogsett said in a news release. “No matter who you are, you will be brought to justice if you are found guilty of such criminal behavior.”

Sachtleben is currently an Oklahoma State University visiting professor, according to his online resume. He is director of training at the school’s Center for Improvised Explosives, but all references to his work have now been removed from the university’s website. There was no indication from the school as to whether it had suspended him. Calls to the university and his Indianapolis attorneys were not immediately returned.

He had been an FBI special agent from 1983 to 2008, serving as a bomb technician. He worked on the Oklahoma City bombing and Unabomber investigations, according to his university biography.

A separate LinkedIn profile filled out by Sachtleben says he is an “accomplished investigator with more than 25 years of experience in FBI major case management, counter terrorism investigations, bombing prevention, post blast investigations and public speaking.”

According to the criminal complaint, a federal-state joint task force had been investigating an Illinois man allegedly trading child porn images as far back as September 2010. That suspect was arrested in January, and a search of his computer reportedly led to Sachtleben, who was using the e-mail name pedodave69.

According to the affidavit, an e-mail from that account was sent to the Illinois suspect last fall, along with nine images of child porn. “Saw your profile on (a file sharing network). Hope you like these and can send me some of ours (sic). I have even better ones if you like.” Prosecutors say Sachtleben sent that e-mail.

Sachtleben’s wife was interviewed by agents during the execution of the search warrant and denied any involvement with child porn. She was not taken into custody.

FBI officials in Washington had no comment on the arrest.

If convicted, Sachtleben would face up to 20 years in prison on the charge of distribution of child porn, and an additional 10 years for possession.

The Justice Department’s Project Safe Childhood initiative was launched in 2006, leading to what federal officials call a more than 40% increase in the number of cases investigated. The project’s website says 2,700 indictments were filed last year alone.
The case is U.S. v. Sachtleben (1:12-mj-316).”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional federal criminal news, please read Federal Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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


FBI Seize Cache Of Weapons From Man Accused of Targeting Arlington Mayor

April 13, 2012
Arlington Mayor, Robert Cluc
Arlington Mayor, Robert Cluck (credit: City of Arlington)

CBS Local – DFW on April 12, 2012 released the following:

Reporting Jay Gormley

“ARLINGTON (CBSDFW.COM) – FBI agents raided the Kennedale home of Ryan Walker Grant and found 22 guns and more than 160 rounds of ammo, according to a search warrant.

Grant is accused of a murder-for-hire plot to kill Mayor Robert Cluck and a Dallas attorney.

Some of the weapons seized include, two 44-magnum handguns, five 45-caliber pistols and a Colt 454 Super Redhawk Alaskan, designed for defense against large and dangerous animals.

FBI Agents also seized two bullet proof vests and more than $145,000 in cash from Grant’s home.

Grant is the owner of Flashdancer. The Arlington strip club was shut down for a year as part of a nuisance lawsuit. According to investigators, Grant feared that Mayor Cluck and the city wanted to close the business permanently.

The federal complaint accuses Grant of approaching an unidentified middle man to pay Mexican hitmen $10,000 each to kill the mayor and Tom Brandt.

Brandt is a Dallas attorney who works with the city on cases involving strip clubs.”

US v Ryan Walker Grant – Federal Criminal Complaint

18 U.S.C. § 1958

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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 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.


JetBlue Pilot Charged with Alleged Interference with a Flight Crew

March 29, 2012

The Federal Bureau of Investigation (FBI) on March 28, 2012 released the following:

“AMARILLO, TX—A federal criminal complaint was filed in the Northern District of Texas today that charges JetBlue pilot Clayton Frederick Osbon, 49, with interference with a flight crew, announced U.S. Attorney for the Northern District of Texas Sarah R. Saldaña.

According to the affidavit filed with the complaint, Osbon, a pilot working JetBlue Flight 191 from New York’s John F. Kennedy (JFK) Airport to Las Vegas, according to witnesses, arrived at JFK later than he should have for the flight and missed the crew briefing. As the plane was leaving JFK and climbing in altitude in its scheduled five-hour flight, Osbon said something to the first officer (FO) about being evaluated by someone, but the FO did not know what he meant. Osbon then talked about his church and the need to “focus” and asked the FO to take the controls and work the radios. Osbon began talking about religion, but, according to the FO, his statements were not coherent.

The affidavit goes on to say that the FO became concerned when Osbon said “things just don’t matter.” According to the FO, Osbon yelled over the radio to air traffic control and instructed them to be quiet. Osbon turned off the radios in the aircraft, dimmed his monitors, and sternly admonished the FO for trying to talk on the radio. When Osbon said “we need to take a leap of faith,” the FO stated that he became very worried. Osbon told the FO that “we’re not going to Vegas” and began giving what the FO described as a sermon.

The affidavit states that the FO suggested to Osbon that they invite the off-duty JetBlue captain who was on board the flight into the cockpit; however, Osbon abruptly left the cockpit to go to the forward lavatory, alarming the rest of the flight crew when he didn’t follow the company’s protocol for leaving the cockpit. When flight attendants met Osbon and asked him what was wrong, he became aggressive and banged on the door of the occupied lavatory, saying he needed to get inside.

While Osbon was in the lavatory, at the request of the FO, a flight attendant brought the off-duty captain to the cockpit, where he assisted the FO with the remainder of the flight. When Osbon exited the lavatory, he began talking to flight attendants, mentioning “150 souls on board.” Osbon walked to the rear of the aircraft but along the way stopped and asked a male passenger if he had a problem. Osbon then sprinted back to the forward galley and tried to enter his code to re-enter the cockpit. When the FO announced over the public address system an order to restrain Osbon, several passengers assisted and brought Osbon down in the forward galley, where he continued to yell comments about Jesus, September 11, Iraq, Iran, and terrorists.

The FO declared an emergency and diverted the aircraft to Amarillo, landing with passengers still restraining Osbon in the galley. Osbon was removed from the aircraft and taken to a facility in the Northwest Texas Healthcare System in Amarillo for medical evaluation, where he remains.

A federal complaint is a written statement of the essential facts of the offenses charged and must be made under oath before a magistrate judge. A defendant is entitled to the presumption of innocence until proven guilty. The maximum penalty, upon conviction, for interference with a flight crew is a 20 years in prison and a $250,000 fine. The U.S. Attorney’s Office for the Northern District of Texas has 30 days to present the matter to a grand jury for indictment.

The ongoing investigation is being led by the FBI with the assistance of JetBlue, the Federal Aviation Administration, the Transportation Security Administration, the National Transportation Safety Board, the Amarillo Police Department, and the Rick Husband Amarillo International Airport Police Department.

Assistant U.S. Attorney Christy L. Drake, of the U.S. Attorney’s Office in Amarillo, is in charge of the prosecution.”

Clayton Osbon – Federal Criminal Complaint

49 U.S.C. § 46504

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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 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.