Los Angeles Federal Grand Jury Indicts Chinese National, Su Bin, in Computer Hacking Scheme Allegedly Involving Theft of Trade Secrets

August 18, 2014

The Federal Bureau of Investigation (FBI) on August 15, 2014 released the following:

“LOS ANGELES— A federal grand jury has indicted a Chinese national on five felony offenses stemming from a computer hacking scheme that involved the theft of trade secrets from American defense contractors, including The Boeing Company, which manufactures the C-17 military transport aircraft.

Su Bin—who also used the names “Stephen Su,” “Stephen Subin” and “Steven Subin”—was named in a five-count indictment returned Thursday afternoon and filed in United States District Court.

Su is currently in custody in British Columbia, Canada, where he is being held pursuant to a provisional arrest warrant submitted by the United States. Su was previously charged in a criminal complaint filed in Los Angeles, but the indictment is now the operative charging document.

The indictment alleges that Su, a 49-year-old businessman, worked with two unindicted co-conspirators based in China to infiltrate computer systems and obtain confidential information about military programs, including the C-17 transport aircraft, the F-22 fighter jet, and the F-35 fighter jet.

The indictment specifically alleges three charges related to unauthorized computer access, a conspiracy to illegally export defense articles and a conspiracy to steal trade secrets. The charges carry a total maximum statutory penalty of 30 years in prison.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.

The investigation in this case was conducted by the Federal Bureau of Investigation and the Air Force Office of Special Investigations.”

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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.


“Twelve Los Angeles-Area Residents Accused of Attempting to Bilk Medicare of $22 Million Arrested as Part of Nationwide Crackdown”

May 15, 2013

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

“LOS ANGELES— Twelve Los Angeles-area residents—including California’s second-largest biller for chiropractic services, a physician’s assistant, and owners of durable medical equipment (DME) and ambulance companies—were taken into custody today in relation to seven criminal cases that allege they cumulatively submitted more than $22 million in false billings to Medicare.

The charges filed in Los Angeles are part of a nationwide “takedown” by Medicare Fraud Strike Force operations in eight cities that led to charges against 89 individuals for their alleged participation in schemes to collectively submit about $223 million in fraudulent claims to Medicare.

The dozen defendants taken into custody are among 13 people charged in Los Angeles in cases that allege health care fraud. The 12 either were arrested this morning or self-surrendered to authorities after learning that they had been charged in federal court. All those defendants are scheduled to be arraigned this afternoon. A 13th defendant is a fugitive.

Dr. Houshang Pavehzadeh, of the Sylmar Physician Medical Group, allegedly billed Medicare more than $1.7 million for chiropractic treatments he never performed. During the scheme, which ran from 2005 through 2012, Dr. Pavehzadeh, 40, of Agoura Hills, became the second-largest Medicare biller in California for chiropractic services—even though he was not in the United States when some of the alleged services were performed. In addition to being charged with health care fraud, Pavehzadeh is charged with aggravated identity theft related to Medicare beneficiaries whose information he used to bill Medicare as a part of the scheme. When investigators tried to conduct an audit of Pavehzadeh’s claims, he falsely reported to the Los Angeles Police Department that he had been carjacked and that patient files requested by the auditors had been stolen from his car. Pavehzadeh surrendered this morning, and he is scheduled to be arraigned with other Los Angeles-area defendants this afternoon in the Roybal Federal Building.

Nine defendants affiliated with DME companies were also charged in five separate indictments.

Olufunke Fadojutimi, 41, of Carson, a registered nurse; Ayodeji Temitayo Fatunmbi, 41, formerly of Carson and now believed to be residing in Nigeria; and Maritza Velazquez, 40, of Las Vegas, were charged with health care fraud. The scheme allegedly revolved around Lutemi Medical Supplies, a DME company Fadojutimi owned and where Fatunmbi and Velazquez worked. According to the indictment in this case, Lutemi billed Medicare more than $8.3 million in claims, primarily for medically unnecessary power wheelchairs. Fadojutimi and Fatunmbi allegedly laundered Medicare funds in order to purchase fraudulent prescriptions for those power wheelchairs and pay illegal kickbacks to recruit Medicare beneficiaries. Fadojutimi was arrested this morning in Los Angeles, while Velazquez was arrested in Las Vegas. Fatunmbi is currently a fugitive being sought by federal authorities.

Susanna Artsruni, 45, of North Hollywood, and Erasmus Kotey, 76, of Montebello, a licensed physician’s assistant, allegedly worked together to commit health care fraud out of a medical clinic on Vermont Avenue where they both worked. Kotey allegedly prescribed medically unnecessary DME, including power wheelchairs, for Medicare beneficiaries. Many of those power wheelchair prescriptions were then used by Artsruni’s DME company, Midvalley Medical Supply, to support fraudulent claims to Medicare. In only four months, the clinic and Midvalley billed Medicare more than $525,000 for these fraudulent claims. Artsruni has previously been convicted of health care fraud and was on pre-trial supervision at the time she allegedly laundered some of the proceeds of this fraud. Artsruni was arrested this morning, while Kotey self-surrendered.

Three other DME cases were also charged, alleging fraudulent Medicare billing for medically unnecessary power wheelchairs that were sometimes never even delivered. In one case, Akinola Afolabi, 53, of Long Beach, the owner of Emmanuel Medical Supply, allegedly submitted more than $2.6 million in false and fraudulent billing to Medicare. In another case, Queen Anieze-Smith, 52, of Encino, and Abdul King-Garba, 47, of Westwood, the owners and operators of ITC Medical Supply, allegedly submitted more than $1.8 million in false and fraudulent billing to Medicare. In the third case, Clement Etim Aghedo, 53, of Fontana, the owner of Ace Medical Supply Company, allegedly submitted more than $1.8 in false and fraudulent claims to Medicare. Afolabi, Anieze-Smith, and King-Garba were all arrested this morning, while Aghedo self-surrendered.

In the seventh case brought as part of today’s takedown, three defendants affiliated with Gardena-based ProMed Medical Transportation, an ambulance company, were charged with submitting more than $5.9 million in false claims to Medicare between 2008 and 2011. ProMed’s owner, Yaroslav Proshak, 45, of Valley Village; general manager Sharetta Wallace, 35, of Inglewood; and office manager and biller Sergey Mumjian, 40, of West Hollywood, submitted claims for medically unnecessary transportation services and then created fake documentation purporting to support those claims. Proshak, Wallace, and Mumjian were arrested this morning.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention and Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and the Department of Health and Human Services to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.

The Los Angeles cases announced today are being investigated by a Medicare Fraud Strike Force team, which is composed of agents and investigators with the Federal Bureau of Investigation; the Department of Health and Human Services, Office of Inspector General; IRS-Criminal Investigation; and Medicaid Fraud Control Units, including the California Department of Justice. The cases are being prosecuted by attorneys from the United States Attorney’s Office and the Fraud Section of the Justice Department’s Criminal Division.

An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty.

The charge of health care fraud carries a statutory maximum penalty of 10 years in federal prison. Money laundering carries a potential penalty of 20 years in prison. Aggravated identity theft carries a mandatory two-year prison term.”

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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.


ICE Leads A Federal Investigation and Arrests 9 in an Alleged Drug Trafficking Ring

May 2, 2013

The U.S. Immigration and Customs Enforcement (ICE) on May 1, 2013 released the following:

“9 defendants indicted in far-reaching cocaine and meth distribution scheme

LOS ANGELES — A federal investigation into a drug-trafficking organization led by two brothers who oversaw the distribution of cocaine to Italy and across the United States as well as methamphetamine being trafficked across the U.S. – has led to the indictment of nine defendants, three of whom were arrested Wednesday.

Operation “Family Guy” targeted the Urena family drug-trafficking organization through the use of undercover operatives and wiretaps that led to the interception of telephone calls, text messages, and communications sent through BlackBerry Messenger. The probe was conducted by the Los Angeles High Intensity Drug Trafficking Area (HIDTA) Task Force, including the Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and IRS – Criminal Investigation. The Los Angeles Sheriff’s Department and Whittier Police Department also assisted with the case.

The investigation, which culminated with the issuance of a seven-count grand jury indictment April 24, resulted in the seizure of approximately 40 kilograms of cocaine being smuggled into Italy from the Dominican Republic and Mexico. That cocaine was being transported by female drug couriers allegedly recruited by the two Urena brothers, with assistance from their uncle Francisco Javier Vargas-Oseguera and others. The investigation also uncovered a conspiracy to distribute significant quantities of methamphetamine and cocaine throughout the United States using vehicles with hidden compartments.

The indictment also alleges members of the narcotics-trafficking operation laundered drug proceeds from the Dominican Republic through the use of Western Union wire transfers sent to Fontana and Rancho Cucamonga.

Those named in the indictment unsealed Wednesday are:

  • Milton Urena, 29, of the Dominican Republic, who is currently being sought by authorities;
  • Rafael Urena, 27, of Rancho Cucamonga, Milton Urena’s brother, who was arrested Wednesday;
  • Daniel Alejandro Agredano Vazquez, 22, of the Dominican Republic, who allegedly oversaw the distribution of cocaine from the Dominican Republic to Italy and conspired to launder drug proceeds. He is currently being sought by authorities;
  • Francisco Javier Vargas-Oseguera, 51, an uncle of the Urena brothers, previously of Seattle and recently of Fontana. He is currently in federal custody in Seattle after being charged in federal court there for allegedly possessing eight pounds of methamphetamine in a case unrelated to Operation Family Guy;
  • Leonel Urena-Partida, 49, of Guadalajara, Mexico, another uncle of the Urena brothers, who allegedly conspired to transport cocaine to Italy. He is being sought by authorities;
  • Carmen Garcia, 35, of San Bernardino, allegedly supplied methamphetamine and assisted with the recruitment of drug couriers, who was arrested Wednesday;
  • Eliseo Carrillo Duarte, 45, of Montebello, who is currently in federal custody in Indianapolis after being arrested there in March on unrelated drug-trafficking charges stemming from the seizure of approximately 10 pounds of methamphetamine;
  • Jenna Michelle Martin (also known as Jenna Michelle Smith), 25, of Upland, an alleged drug courier who was arrested Wednesday; and
  • Beth Rene Ford (also known as Beth Rene Florance), 26, formerly of Ontario and now living in the Denver area, a second alleged drug courier, who is expected to self-surrender soon to authorities.

The defendants arrested Wednesday morning are expected to be arraigned Wednesday afternoon in U.S. District Court in downtown Los Angeles.

The indictment specifically charges eight defendants (not Duarte) with conspiracy to distribute cocaine to Italy, which carries a mandatory minimum sentence of 10 years in federal prison and a statutory maximum sentence of life imprisonment. Six of the defendants (not Agredano Vasquez, Martin or Ford) are charged in another conspiracy involving the domestic distribution of cocaine and methamphetamine, a charge that also carries a mandatory minimum sentence of 10 years in federal prison.

Various defendants are also named in a charge that alleges the distribution of approximately one pound of methamphetamine, three counts of use of a communication facility in committing a felony drug offense, and conspiracy to launder money.”

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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.


Feds attack California’s medical marijuana trade-again

June 7, 2012

Chicago Tribune on June 6, 2012 released the following:

“LOS ANGELES (Reuters) – Federal authorities opened the latest front in their war on California’s massive medical marijuana industry this week, filing property forfeiture lawsuits in a bid to shut down three dispensaries and sending warning letters to 34 people.

The moves by the U.S. Attorney’s Office in Los Angeles are the latest in an ongoing crackdown on what federal prosecutors say is a flourishing network of illegal cannabis suppliers operating across California under the cover of the state’s medical marijuana law.

Authorities have now targeted more than 220 dispensaries — deemed “marijuana stores” by prosecutors — or indoor cultivation houses in the seven-county Central District of California alone, U.S. Attorney’s spokesman Thom Mrozek said.

Most have been closed or are facing eviction or have been the subject to additional federal law enforcement actions, he said. The Central District of California represents the largest federal law enforcement jurisdiction in the country.

“Because there are so many in our district we could not go after all of them at once, so we’ve developed a strategy based on geographical areas,” Mrozek said. “We’re methodically going through our district.”

The forfeiture lawsuits were filed on Monday in U.S. District Court in Los Angeles against a pair of buildings in the Los Angeles suburb of Santa Fe Springs, one of which houses two dispensaries.

Letters were also sent to 34 other property owners or store operators in the Los Angeles area giving them 14 days to come into compliance with federal law or face civil or criminal actions.

The drive by federal prosecutors to shut down dispensaries has caused friction between the U.S. government and California, which in 1996 became the first state to decriminalize medical marijuana. Sixteen states and the District of Columbia have followed suit.

The possession or sale of marijuana is illegal under federal law, which does not have an exemption for medical purposes.

California Attorney General Kamala Harris, in a November interview with the New York Times, said the federal campaign had “only increased uncertainty about how Californians can legitimately comply with state law.”

Harris also said federal authorities were “ill equipped to be the decision makers as to which providers are violating the law.”

But Mrozek said federal prosecutors believed that the dispensaries were operating outside of California law, which he said permits only primary caregivers to dispense marijuana and bars sale of the drug for profit.

“Our position is that they are in violation of federal law, but also in violation of state law because they are operating as for-profit enterprises and they are not functioning as a primary caregiver,” he said.”

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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.


Eight Los Angeles-Area Residents Charged in an Alleged Medicare Fraud

May 2, 2012

The Federal Bureau of Investigation (FBI) on May 2, 2012 released the following:

“Eight Los Angeles-Area Residents Charged in Nationwide Medicare Fraud Strike Force Takedown

Total of 107 Defendants Charged in Seven Cities for Approximately $452 Million in False Billing

LOS ANGELES—Eight Los Angeles-area residents, including two doctors, were charged today for their roles in schemes to submit more than $14 million in false billing to Medicare, announced the Departments of Justice and Health and Human Services (HHS).

The charges in Los Angeles are part of a nationwide takedown by Medicare Fraud Strike Force operations in seven cities that led to charges against 107 individuals for their alleged participation in schemes to collectively submit more than $452 million in fraudulent claims to Medicare. This takedown involved the highest amount of false Medicare billing in a single takedown in strike force history.

“The results we are announcing today are at the heart of an Administration-wide commitment to protecting American taxpayers from health care fraud, which can drive up costs and threaten the strength and integrity of our health care system,” said United States Attorney General Eric Holder. “We are determined to bring to justice those who violate our laws and defraud the Medicare program for personal gain. As today’s takedown reflects, our ongoing fight against health care fraud has never been more coordinated and effective.”

“Medicare fraud drains vital resources and harms consumers across the nation,” said United States Attorney André Birotte Jr. “The problem is national in scope and it calls out for the type of coordinated national response that today’s crackdown represents. This office is dedicated to working with all our partners, both locally and nationally, to protect this important public program that serves our elderly and disabled.”

“As today’s strike force operation demonstrates, health care fraud is not limited to just one or two types of health care providers,” said Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of HHS’s Office of Inspector General (OIG). “Whether it is a physician, a business owner, or any other provider, OIG and our law enforcement partners are committed to pursuing those that attempt to steal precious dollars from the Medicare program.”

According to court documents filed in the Central District of California, two Orange County doctors and two of their co-schemers were charged for allegedly submitting nearly $5.7 million in false claims to Medicare for durable medical equipment (DME). Specifically, the defendants billed Medicare for enteral nutrition, a liquid nutritional supplement. Medicare will only pay for enteral nutrition if a patient has a feeding tube. According to the indictment, Dr. Augustus Ohemeng, 62, of Buena Park, and Dr. George Tarryk, 72, of Seal Beach, wrote fraudulent prescriptions for enteral nutrition for patients who did not have feeding tubes. Co-defendant George Samuel Laing, 41, of Sylmar, who managed the clinic where Tarryk and Ohemeng practiced, allegedly received kickbacks in exchange for referring the prescriptions to Ivy Medical Supply, owned by co-defendant Emmanuel Chidueme, 59, of Mira Loma. Ivy then fraudulently billed Medicare for the enteral nutrition, even though it was not medically necessary and was not delivered to patients in the quantities billed to Medicare. Ohemeng, Tarryk, Laing, and Chidueme were arrested this morning and are scheduled to make their initial appearances before a U.S. Magistrate Judge this afternoon.

“The charges announced today emphasize disturbing health care fraud trends, including the arrest of physicians, that exploit federal health care meant for those in need,” said Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office. “The cases charged in Southern California and around the U.S. indicate the staggering amount of fraud adversely affecting the U.S. economy and illustrate the need for the continued focus on protecting federally funded health care programs.”

In a separate case, two defendants were arrested on charges related to their DME company, Latay Medical Services, which allegedly submitted more than $8 million in fraudulent billings to Medicare for power wheelchairs, orthotics, and hospital beds that were either not provided or were medically unnecessary. The indictment charges Latay’s owner, Bolademi Adetola, 46, of Harbor City, and Latay employee Yuri Martin Lopez, 46, of Lawndale, with obtaining fraudulent prescriptions for the DME, creating fake documentation to make it seem as though the DME had been delivered when it had not, and delivering DME less expensive than that listed on Latay’s Medicare claims.

Two additional defendants are scheduled to self-surrender today on charges related to Greatcare Home Health Inc., a home health agency that received more than $5.4 million from Medicare for skilled nursing and physical therapy services that were often either never performed or performed by unlicensed individuals. Greatcare’s owner, Hee Jung Mun, also paid illegal kickbacks to doctors, individuals known as marketers, and patients themselves in order to recruit Medicare beneficiaries. Mun, along with three other Greatcare employees, have already pleaded guilty to the fraud and are awaiting sentencing before U.S. District Judge Dean D. Pregerson. Yeong Ja Lee, 50, of Mid-City, is scheduled to make her initial court appearance this afternoon on charges that she visited and provided services to patients without a license and created false documentation for Greatcare and one of its referring doctors. Sang Whan Ahn, 60, of Koreatown, is also scheduled to appear on charges that she acted as a marketer, accepting kickbacks in exchange for referring patients to Greatcare.

As a part of the operation, members of the strike force in Los Angeles also executed three search warrants today.

The Medicare Fraud Strike Force operations are part of the Health Care Fraud Prevention & Enforcement Action Team (HEAT), a joint initiative announced in May 2009 between the Department of Justice and HHS to focus their efforts to prevent and deter fraud and enforce current anti-fraud laws around the country.

Since their inception in March 2007, strike force operations in nine locations have charged more than 1,330 defendants who collectively have falsely billed the Medicare program for more than $4 billion. In addition, the HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

The cases announced today are being prosecuted and investigated by Medicare Fraud Strike Force teams comprised of attorneys from the Fraud Section of the Justice Department’s Criminal Division and from the U.S. Attorney’s Offices for the Central District of California, the Southern District of Florida, the Eastern District of Michigan, the Southern District of Texas, the Middle District of Louisiana, the Northern District of Illinois, and the Middle District of Florida; and agents from the Federal Bureau of Investigation, HHS-OIG, and state and local Medicaid Fraud Control Units, including the California Department of Justice and Los Angeles Sheriff’s Department’s Health Authority Law Enforcement Task Force.

An indictment is merely a charge and defendants are presumed innocent until proven guilty.

To learn more about HEAT, go to: http://www.stopmedicarefraud.gov.

CONTACT:
Assistant United States Attorney Kristen A. Williams
Major Frauds Section
(213) 894-0526

Special Assistant United States Attorney Grant Gelberg
Major Frauds Section
(213) 894-2872

Assistant United States Attorney Consuelo S. Woodhead
Major Frauds Section
(213) 894-3987″

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

Federal Mail Fraud Crimes

————————————————————–

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

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

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


Tax Crimes Least Likely To Be Prosecuted At U.S. Attorney’s Office In Los Angeles

April 16, 2012

Huffington Post on April 16, 2012 released the following:

“By Kendall Taggart

The U.S. attorney’s office in Los Angeles is less likely to prosecute criminal cases referred by the Internal Revenue Service than its counterparts in the rest of the state, according to a California Watch analysis of five years of data.

The eastern district, which includes Sacramento and Fresno, was the most likely to prosecute IRS referrals, the data shows. But the U.S. attorney in Los Angeles was the only office in the state that fell slightly below the national average of prosecuting criminal IRS cases.

Each U.S. attorney has broad discretion over the priorities for his or her district. They determine which criminal cases referred to them by other law enforcement agencies they want to pursue and which cases to close without prosecuting.

It is difficult to determine why the Los Angeles office lagged behind its peers.

“It’s definitely puzzling,” said Terree Bowers, a former U.S. attorney. Since leaving the Los Angeles office, Bowers said he brought a fraud case to the office’s attention and was surprised that it didn’t act on the case.

The agency did not comment specifically on the findings, but Bruce Riordan, a U.S. attorney’s office spokesman, said: “I have been associated with the Department of Justice and the Central District of California for more 20 years, and based on my experience, the Central District has a longstanding and well-deserved reputation, both locally and nationally, for vigorously and successfully prosecuting criminal tax violations.”

The IRS investigates and refers cases about tax fraud, money laundering, narcotics trafficking, organized crime and public corruption.

Compared with the volume of cases it handles, the IRS refers only a small percentage for federal prosecution. Syracuse University’s Transactional Records Access Clearinghouse, which compiled the data analyzed by California Watch, estimated that the odds of having the IRS refer a case to a federal prosecutor were about 12 per million nationwide last year.

In California, the IRS referred about 540 cases to federal prosecutors in the last fiscal year. When adjusted for population, the odds of having a case referred to a federal prosecutor in the state are 15 per million, slightly higher than the national average.

When they do receive cases from the IRS, three of the state’s four U.S. attorneys prosecute alleged offenders at a rate above the national average, the data shows.

Across the country, close to 54 percent of all IRS referrals are prosecuted. In the eastern district covering Sacramento, that prosecution rate is about 62 percent. For the northern San Francisco and the southern San Diego districts, the prosecution rate is the same: 57.8 percent. For Los Angeles, the rate falls to 51.4 percent.

The IRS has several ways of enforcing tax law, including audits and civil charges.

“The heavy gun of the IRS is criminal enforcement, but it’s a much less frequent event,” said David Burnham, a co-director of the Transactional Records Access Clearinghouse.

The federal tax filing deadline is tomorrow. But in the months leading up to that day, U.S. attorneys sometimes file several tax fraud indictments as a deterrent, Bowers said.

Since January, the U.S. attorney’s eastern district office has announced more than six fraud cases, including charges against three Sacramento women who are accused of trying to claim more than $1.3 million in fraudulent tax refunds. The scheme involved more than 280 false tax returns and numerous identify-theft victims.

According the the U.S. attorney’s office, the women filed fraudulent returns through TurboTax and obtained the tax service’s Green Dot debit cards “loaded with the tax return money.” The actual loss to the IRS was $962,079, out of the $1.3 million claimed by the women using various identities.

And late last month, the Los Angeles office announced that a former Los Angeles Dodgers pitcher, William S. Bene, had signed a plea agreement admitting that he did not pay taxes for an illegal business selling karaoke machines. The U.S. attorney’s office said Bene sold counterfeit karaoke jukeboxes and failed to report $600,000 in sales to the IRS.

As part of his plea agreement, the U.S. attorney said, Bene admitted he had illegally copied and sold karaoke songs on hard drives that each carried about 122,000 songs.

“Intellectual Property crimes are not victimless,” U.S. Attorney André Birotte Jr. said in a statement last month. “As this federal case shows, these crimes of stealth hurt the small businesses that do play by the rules, and they also deprive the federal government of tax revenue that could be put to beneficial use.””

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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 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.


15 Arrests in an Alleged International Online Drug Probe

April 16, 2012

Associated Press on April 16, 2012 released the following:

“By ROBERT JABLON

LOS ANGELES (AP) — A sophisticated online drug marketplace that sold everything from marijuana to mescaline to some 3,000 people around the world has been cracked with the arrests of 15 people in several countries, U.S. authorities announced Monday.

An indictment unsealed in federal court in Los Angeles claims eight men ran “The Farmer’s Market,” which allowed suppliers of drugs – including LSD, Ecstasy and ketamine – to anonymously sell their wares online. They hooked up with buyers in 34 countries and accepted various forms of payment, including cash, Western Union and PayPal transactions, the indictment claims.

From 2007 to 2009 alone, the marketplace processed more than 5,000 orders for drugs valued at more than $1 million, federal officials contended. It began operations as far back as March 2006, authorities said.

The market “provided a controlled substances storefront, order forms, online forums, customer service, and payment methods for the different sources of supply” and charged the suppliers a commission based upon the value of the order, according to a statement from the U.S. attorney’s office in Los Angeles.

“For customers, the operators screened all sources of supply and guaranteed delivery of the illegal drugs,” the statement said.

The alleged ringleader, Dutch citizen Marc Willems, 42, was arrested Monday at his home in Lelystad in the Netherlands, officials said.

Michael Evron, 42, a United States citizen living in Buenos Aires, Argentina, was taken into custody on Sunday in Bogota, Colombia, authorities said.

The other six men were arrested at their homes. They are identified as Jonathan Colbeck, 51, of Urbana, Iowa; Brian Colbeck, 47, of Coldwater, Mich.; Ryan Rawls, 31, of Alpharetta, Ga.; Jonathan Dugan, 27, of North Babylon, N.Y.; George Matzek, 20, of Secaucus, N.J.; and Charles Bigras, 37, of Melbourne, Fla.

It was not immediately clear whether the men had obtained lawyers.

The 12-count indictment charges all eight men with conspiracy to distribute controlled substances and money laundering conspiracy. Some of the men also are charged with distributing LSD and taking part in a continuing criminal enterprise.

All could face a maximum sentence of life in prison if convicted of conspiracy.

In addition, seven other people were arrested on suspicion of drug crimes Monday in the Netherlands, Georgia, New Hampshire, Pennsylvania, and New Jersey, and authorities seized hallucinogenic mushrooms, hashish, LSD, marijuana and Ecstasy, the U.S. attorney’s office said.

The investigation led to those arrests, but authorities still were trying to determine their connections to the online marketplace, said Assistant U.S. Attorney Kevin S. Rosenberg.

The two-year investigation, dubbed “Operation Adam Bomb, “involved law enforcement agents from several U.S. states and several countries, including Colombia, the Netherlands and Scotland, the U.S. attorney’s office said.

The case was filed in Los Angeles because some of the customers and an undercover agent who bought drugs through the marketplace are from the area, Rosenberg said.

“Illegal narcotics trafficking now reaches every corner of our world, including our home computers,” U.S. Attorney Andre Birotte Jr. said in the statement. “But the reach of the law is just as long. … We want to make the Internet a safe and secure marketplace by rooting out and prosecuting those persons who seek to illegally pervert and exploit that market.”

The marketplace “was distributing dangerous and addictive drugs to every corner of the world, and trying to hide their activities through the use of advanced anonymizing online technology,” said Briane M. Grey, acting special agent in charge of the Los Angeles Field Division for the Drug Enforcement Administration.

The marketplace allegedly used the Tor network, which spreads website and email communications through a volunteer network of servers around the world in order to mask Internet address information.

Tor originally was developed at a project of the U.S. Naval Research Laboratory to protect government communications. The free software and open network is used to prevent websites from tracking users, getting access to websites blocked by Internet providers, and providing anonymity for online users and online publishers. It is used by “normal people, the military, journalists, law enforcement officers, activists, and many others,” according to the Tor Project website.”

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