“Defense lawyer Robert George to be sentenced”

October 31, 2012

The Boston Globe on October 31, 2012 released the following:

“Could get 5 years in prison

By Travis Andersen

Prosecutors are asking a federal judge in Boston to send Robert A. George, a prominent criminal defense lawyer convicted of money laundering, to prison for more than five years when he is sentenced on Wednesday.

In a court filing on Tuesday, prosecutors requested a 63-month prison term for George. His sentencing is scheduled for 11 a.m. in federal court in Boston, where he was convicted of helping a former client launder $200,000 in profits from crimes.

Prosecutors rejected what they said was George’s assertion that he did not know he had entered into an agreement with Ronald Dardinski, who secretly recorded conversations with George while working as a government informant, to launder drug proceeds.

“Frankly, that [George] persists in this claim, having had it rejected decisively by the Court in pre and post-trial pleadings, and by the jury at trial, is puzzling,” prosecutors wrote. “As the Court is aware . . . on a March 18, 2009 call, cooperating witness Ronnie Dardinski told the defendant, ‘ . . . I got some other money from — I sold some coke to a guy and I gotta hide that money too.’ ”

George, 57, declined to comment on Tuesday night.

Robert M. Goldstein, a lawyer for George, fired back in a court filing on Tuesday in response to prosecutors’ sentencing recommendation. Goldstein previously requested an 18-month sentence.

“First, neither the Court nor the jury has rejected any claim that Mr. George did not know the funds at issue derived from drugs, as contrasted with the State larceny offenses, and it is the government suggestion to the contrary that is puzzling,” Goldstein wrote.

Dardinski said at trial that George voluntarily offered to help him “clean” illicit profits and referred him to a mortgage broker who took 20 percent and split it with George.

At trial, Goldstein used recordings of conversations between George and Dardinski in an effort to show that George repeatedly said he wanted nothing to do with the transactions with the broker.

In a legal career spanning three decades, George has represented a number of high-profile clients, including organized crime figures and Christopher M. McCowen, a garbage man convicted of the 2002 rape and murder of fashion writer Christa Worthington.

Among George’s supporters who have submitted letters to US District Court Judge Nathaniel M. Gorton, who will sentence him on Wednesday, is William J. Weishaupt, a retired FBI agent.

“Bob George is a wonderful and caring individual behind the public persona of an aggressive defense attorney,” Weishaupt wrote. “ . . . At home he paints, sculpts, and enjoys learning and demonstrating magic tricks. Those who know him well adore him.”

Another supporter, J.W. Carney Jr., a defense lawyer representing James “Whitey” Bulger, described George as an advocate for indigent clients and a devoted father.

“That whole world has been upended by this case, and I know he is suffering deeply not for himself, but for his family,” Carney wrote.”

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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 – 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.


“Judge in Bulger case refuses to step aside”

October 29, 2012

The Boston Globe on October 29, 2012 released the following:

“Lawyer says he will be called as witness

By Travis Andersen

For the second time in less than four months, the federal judge slated to preside over James “Whitey” Bulger’s criminal trial has denied a request from Bulger’s lawyer to recuse himself from the case.

In a three-page ruling issued on Sunday, US District Court Judge Richard G. Stearns wrote that the latest motion for recusal, which Bulger’s lead attorney filed last week, “raises no new issues of material fact or law.”

“When [Bulger’s] case was randomly assigned to me in 1999, it became my duty to see it through fairly and expeditiously, and that is the duty I will faithfully execute,” Stearns wrote.

Bulger’s lead attorney, J.W. Carney Jr., declined to comment on Sunday.

Carney had written in last week’s motion that Stearns, a former federal prosecutor in Boston, must step aside from the case in part because the lawyer intends to call him as a witness at trial.

In the same motion, Carney argued that Bulger was granted immunity to commit crimes by the late Jeremiah O’Sullivan, a former federal prosecutor who led the New England Organized Crime Strike Force before being appointed interim US attorney in Boston in 1989.

In testimony to Congress in 2002, O’Sullivan, who died in 2009, denied ever protecting Bulger from prosecution for serious crimes.

Carney wrote that Stearns and current FBI director Robert Mueller, both former high-ranking federal prosecutors in the Boston office, did not target Bulger during their tenures, which Carney said presents circumstantial evidence of an immunity agreement.

The FBI has declined to comment on the case.

In Sunday’s ruling, Stearns wrote that there is no connection between the Organized Crime Strike Force and his tenure as chief of the Criminal Division in the US attorney’s office.

“Nor is the court persuaded by defendant’s declaration that he might attempt to summons the undersigned judge” as a witness, Stearns wrote. “As the court has previously pointed out to counsel, a witness is only properly summoned to testify if he or she has something of relevance to say on a material issue.”

The judge also took a swipe at Bulger’s efforts to delay his long-awaited trial, which is currently slated for March. He is charged in a sweeping indictment with participating in 19 murders, among other crimes.

“Defendant undoubtedly prefers not to be tried on the schedule set by the court, or not to be tried at all,” Stearns wrote. “But like [former associates] Kevin Weeks, Kevin O’Neil, Stephen Flemmi, and Michael Flemmi, all of whom have appeared as defendants before me in this case, James Bulger’s case will be adjudicated by the rules of the court, and not the contrary wishes of defendant or defendant’s counsel.”

A hearing on Carney’s separate motion to delay the trial until November is scheduled for Thursday in federal court in Boston.

He has argued that prosecutors have not met their obligation to turn over reams of evidence to the defense team in an organized fashion, which the government lawyers have adamantly denied.”

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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 Criminal Defense Daily.

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

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


Bulger’s lawyers due in federal court on trial prep

October 22, 2012

7News whdh.com on October 22, 2012 released the following:

“BOSTON (AP) — Mobster James “Whitey” Bulger’s lawyers will be returning to federal court in Boston to give a judge a status report on preparation for his March trial.

The former leader of the Winter Hill Gang is accused of participating in 19 murders. He fled Boston in 1994 and remained one of the FBI’s most wanted fugitives until his capture in Santa Monica, Calif., last year.

Bulger’s lawyers have repeatedly complained that they won’t have enough time to prepare for trial, given that prosecutors have turned over more than 300,000 documents.

Bulger lawyer J.W. Carney Jr. has said that Bulger will testify about his claim that he was given immunity to commit crimes while he was an informant.

A status conference is scheduled Monday in U.S. District Court.”

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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 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.


Plea deal may force Catherine Greig to forfeit intellectual property rights

June 7, 2012

Boston Globe on June 7, 2012 released the following:

“By Travis Andersen

Federal prosecutors are asking a judge to order Catherine Greig, the girlfriend of notorious gangster James “Whitey” Bulger, to waive the right to profit from her story, which she agreed to do in March when she pleaded guilty to helping Bulger evade capture for 16 years.

In a Wednesday filing seeking the forfeiture order on Greig’s intellectual property rights, prosecutors also noted that she agreed to waive any claim to property seized from the apartment she shared with Bulger in Santa Monica, Calif., where the couple was apprehended in June 2011.

The FBI found more than $820,000 in cash and 30 loaded guns hidden inside the walls of the apartment after authorities took Bulger and Greig into custody.

Christina Dilorio-Sterling, a spokeswoman for US Attorney Carmen M. Ortiz, said by e-mail that prosecutors did not seek a forfeiture order in Wednesday’s motion for property seized from the apartment.

Greig agreed in her plea agreement to waive any claim to “any vehicles, currency, or other personal property” seized by the government, according to court records.

Dilorio-Sterling said prosecutors are “filing the motions necessary to effectuate the agreement.”

Greig’s lawyer, Kevin J. Reddington, said Wednesday night that he had not seen the latest motion from prosecutors.

Bulger, 82, is scheduled to face trial in federal court in Boston in November on a sweeping racketeering indictment charging him the murders of 19 people.

Greig, 61, is scheduled to be sentenced on Tuesday in the same courthouse and faces up to 15 years in prison, but family members of some of Bulger’s alleged victims have said prosecutors warned them she could face as little as 32 months under federal sentencing guidelines.”

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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 – Appeal

————————————————————–

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.


Prominent defense lawyer faces US charges

May 29, 2012

The Boston Globe on May 29, 2012 released the following:

“Robert A. George goes on trial today on charges of conspiring to launder money

By Milton J. Valencia

In a recent trial in federal court in Boston, well-known lawyer Robert A. George stood before a jury for his closing arguments, and spoke directly.

“When you’re innocent, you have a right to stand up and say something,’’ he declared in defense of his client, a Dorchester nurse and a mother of five charged with distributing prescription drugs.

But George might well have been speaking for himself – because he, too, is about to stand trial.

The 57-year-old father of three is accused by federal prosecutors of conspiring to help a former client launder drug money, and of restructuring bank deposits in violation of tax laws. Jury selection is slated for Tuesday. The case is a fight for his career and his livelihood.

The arrest of George in March 2011 caused a stir in the legal community, and defense lawyers descended on the Moakley courthouse to show their support.

In the year since FBI agents first swarmed his home, George, known for his testy exchanges with prosecutors, has represented clients just as aggressively as he did years ago when he defended Mafia figures and, later, the trash collector who maintains he was wrongly convicted of murdering Cape Cod fashion writer Christa Worthington.

George has also fought for a new trial for a former Stoughton police chief after finding information about one of the jurors that could have excluded her from serving on the panel in that extortion case. That request is pending in state court.

He has been working on his own case with two of the state’s better known defense lawyers, Robert M. Goldstein and Kevin R. Reddington. With them, he has filed repeated motions.

George has accused prosecutors of retaliating against him, being vindictive because of his defense of a man accused of plotting to kill a federal prosecutor several years ago. He has questioned the propriety of the government’s use of a confidential informant in his case, a man with a lengthy criminal history.

George and his lawyers are even attempting to include US Attorney Carmen M. Ortiz on his witness list.

“He has been laser focused on his clients’ cases, as well as his own,’’ said Thomas Shamshak, a former police chief in Spencer and Winthrop and a Somerville lieutenant who founded his own private investigative firm. He has worked with George on several cases, including this one. “He is a ferocious advocate unlike anyone I have ever worked for.’’

Martin Weinberg, a lawyer who has represented high-profile clients in federal court and who won the acquittal of a lawyer in a racketeering case several years ago in Florida, said the case also demonstrates the quintessential challenge for any lawyer: representing another criminal defense lawyer and the symbolism that comes with it.

“There’s always that added context, that you’re representing the lifestyle,’’ said Weinberg. “You’re representing everything he is.’’

Lawyers in Massachusetts can lose their law license if they are convicted of a felony, but nothing prevents them from carrying out their practice until their case has concluded.

Court rules require only that a lawyer notify his or her clients of the pending charges. A lawyer would have to notify the state Office of Bar Counsel if convicted.

George, who has lived on Cape Cod and the suburbs west of Boston, faces up to 20 years in prison on charges of trying to help a former client launder his drug-dealing profits for a fee, by referring him to a mortgage broker who would help him.

The former client, Ronald Dardinski, was cooperating with authorities, and George alleges he was targeted by authorities because he represented a man who in 2007 plotted to kill prosecutor Jack Pirozzolo.

Prosecutors rejected that allegation, and US District Court Judge Nathaniel Gorton refused to dismiss the case or to hold an evidentiary hearing, saying there was no evidence of retaliation. Prosecutors say they have audio recordings of George setting up the money-laundering scheme.

Rosemary Scapicchio, a friend of George’s, represented him at his initial hearing, before he could hire Reddington, and she lashed out at prosecutors for “investigating a criminal defense attorney who is out there protecting people’s rights. This is outrageous.’’

It is not the first time a defense lawyer has been a defendant in federal court in Boston. Last January, for instance, Gorton admonished attorney Lawrence M. Perlmutter before sentencing him to 5 1/2 years for laundering drug profits for his clients.

“You have disgraced not only yourself, but the rest of us who hold our profession in the highest esteem, and for what?’’ Gorton hissed. He is the same judge in George’s case.

George and his lawyers would not comment for this article.

One of George’s last appearances in a federal courtroom was May 9, for the sentencing of Gladys Ihenacho, the Dorchester nurse and wife of a pharmacist. Her husband, Baldwin, who had a different lawyer, was sentenced to 63 months in prison.

Gladys was acquitted of 23 of the 30 charges she faced.

Prosecutors had asked that she serve 27 months in prison, saying she showed greed. But George had asked that she serve no prison time because she had a family to care for, and argued that the charges did not reflect her work as a mother.

She was sentenced to probation, with 10 days of home detention, and went home that day.”

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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 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.


Ex-Tech Worker in Mass. Pleads Guilty in Spy Case

August 30, 2011

ABC News on August 30, 2011 released the following:

“By RODRIQUE NGOWI Associated Press
BOSTON August 31, 2011 (AP)

A former employee of a Massachusetts company that helps websites deliver content to users pleaded guilty Tuesday to a charge of foreign economic espionage for providing trade secrets to an FBI agent posing as an Israeli intelligence officer.

Elliot Doxer, 43, admitted at a plea hearing in federal court in Boston to providing trade secrets from Cambridge-based Akamai Technologies Inc. over an 18-month period to the agent, the U.S. Attorney’s Office for Massachusetts said in a statement.

The prosecutor’s office said Dozer believed the agent was an Israeli spy.

Doxer’s attorney, Thomas J. Butters, said his client “has accepted the responsibility for what he did and he looks forward to his sentencing so that he could put this matter behind him.”

Doxer, of Brookline, Mass., accepted a plea deal that says he sent an email to the Israeli consulate in June 2006, while he worked in Akamai’s finance department, offering to provide any information he had access to that would help Israel in exchange for money. Doxer said in plea documents that his main goal was “to help our homeland and our war against our enemies.”

Israeli officials contacted U.S. authorities about the offer. An FBI agent posed as an Israeli agent in September 2007 and arranged to use a “dead drop” location to exchange information with Doxer to avoid detection. From then until March 2009, Doxer visited the drop location at least 62 times and provided an extensive list of Akamai’s customers and employees, including their full contact information and details of contracts, according to the documents.

He also described Akamai’s physical and computer security systems to the agent and said he could travel to Israel and support special operations in his area if needed, according to the documents.

Akamai, which provides remote or “cloud-based” services for its clients, previously said it cooperated with the FBI.

“Because Akamai’s information was disclosed only to an undercover agent from the beginning, the information was never in danger of actual exposure outside the company,” the U.S. Attorney’s office said in a statement.

Authorities arrested Doxer in October 2010 and charged him with one count of wire fraud. That charge will be dismissed at the end of the case as part of the plea agreement.

Doxer faces a maximum penalty of 15 years in prison, a three-year term of supervised release and a $500,000 fine at his Nov. 30 sentencing.

“We acknowledge the Government of Israel for their cooperation in this investigation, and underscore that the information does not allege that the government of Israel or anyone acting on its behalf committed any offense under U.S. laws in this case,” prosecutors said in a statement. “We would also like to acknowledge and thank Akamai Technologies Inc. for its assistance throughout all stages of the investigation and prosecution.””

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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