“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.

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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.


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.”

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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.


“Dominican national arrested at Houston airport for allegedly importing cocaine by ingesting pellets”

May 15, 2013

U.S. Immigration and Customs Enforcement (ICE) on May 14, 2013 released the following:

“HOUSTON — A citizen of the Dominican Republic was arrested at the airport Saturday for allegedly importing cocaine by ingesting 53 pellets of the drug, announced U.S. Attorney Kenneth Magidson, Southern District of Texas.

The investigation leading to these charges was conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and U.S. Customs and Border Protection (CBP).

Mikkail Antonio Nolasco Jimenez, 27, was arrested at Bush Intercontinental Airport (IAH) after it was determined he had allegedly ingested 53 pellets containing cocaine.

The criminal complaint filed Tuesday alleges that on May 11 Jimenez arrived aboard a flight from Port of Spain, Trinidad and Tobago bound for New York. HSI special agents became suspicious when Jimenez provided inconsistent statements. Upon further investigation, they discovered anomalies in his body resembling pellets believed to contain a controlled substance. Jimenez was then transported and admitted to an area hospital.

Jimenez allegedly expelled a total of 53 pellets, containing a substance that field tested positive for cocaine, according to the complaint.

Jimenez made his initial appearance May 14 before U.S Magistrate Judge Stephen William Smith, at which time he was ordered into custody pending a May 16 detention hearing.

Upon conviction, Jimenez faces a mandatory minimum of five and up to 40 years in prison each for importing cocaine, and conspiracy to import cocaine.

Assistant U.S. Attorney Stuart A. Burns, Southern District of Texas, is prosecuting the case.

A criminal complaint 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

————————————————————–

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.


Man Allegedly Claiming to be the Son of the President of the Congo Indicted for Federal Wire Fraud Crimes

May 10, 2013

The Federal Bureau of Investigation (FBI) on May 9, 2013 released the following:

“SAN FRANCISCO— Earlier this week, a federal grand jury in San Francisco indicted Blessed Marvelous Herve, a/k/a Rodrigue Herve Ngandou, a/k/a Herve Rodrigue Ngandou, a/k/a Blessed Roll Herve, of San Francisco, for wire fraud, United States Attorney Melina Haag announced.

According to the indictment, Herve, 41, devised and executed a scheme to defraud victims of approximately $1.6 million. Herve claimed that his father was the president of the Congo and a multi-billionaire, but that the United States government had seized Herve’s assets, in excess of $43,000,000. Herve promised to pay bonus sums of more than $1,500,000 to victims in exchange for the victims’ financial support of Herve’s quest to obtain the $43,000,000 that the government purportedly had seized.

Herve also claimed that as a result the federal court case involving his seized funds, he was sent to federal prison from 2009 through 2012. During this time, Herve solicited funds from victims to assist with his alleged ongoing court proceedings and his incarceration. Herve again promised full repayment of victims’ money plus large bonuses upon the completion of his federal case and release of his funds. Specifically, in October 2012, Herve solicited and received $47,000 from a victim by falsely claiming that he needed the money to pay the Internal Revenue Service to satisfy the final judgment entered against him.

According to a criminal complaint filed in the same matter further, one of the victims was a real estate agent to whom Herve promised that his father, the multi-billionaire president of the Congo, would purchase tens of millions of dollars in real estate. That victim gave Herve tens of thousands of dollars to assist in the purported father’s real estate tours, such as the rental of bulletproof limousines. The criminal complaint alleges that to lure in the victims and bolster his credibility, Herve showed various documents, such as a letter written to him from a United States Senator, copies of awards of recognition he received from the City and County of San Francisco, and a certificate of Special Congressional Recognition from a Member of Congress. When the victims ran out of money, Herve claimed that he was being deported to Puerto Rico and was not heard from again.

Herve, born in the Republic of Congo, was granted asylum in the United States in 1999 and became a United States citizen earlier this year.

Herve was arrested on a criminal complaint on April 24, 2013, in San Francisco, and he made his initial appearance in federal court in San Francisco the following day. He is currently being held in custody. The defendant’s next scheduled appearance is May 22, 2013, at 11:00 a.m. for further detention proceedings before Magistrate Judge Nathanael Cousins. Herve’s first appearance in district court is scheduled before Judge John Tigar on May 31, 2013 at 9:30 a.m.

The maximum statutory penalty for wire fraud, in violation of 18 U.S.C. § 1343, is 20 years’ imprisonment and a fine of $250,000. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Hallie Hoffman is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Elizabeth Garcia. The prosecution is the result of an investigation by the Federal Bureau of Investigation and the United States Department of Homeland Security.

Please note, an indictment contains only allegations against an individual and, as with all defendants, Herve must be presumed innocent unless and until proven guilty.”

Federal Wire Fraud Crimes – 18 U.S.C. 1343

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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.


“Dallas County Man Charged in Federal Complaint with Unlawfully Entering Restricted Area of Dallas Love Field Airport”

May 2, 2013

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

“DALLAS— Ruben Jimenez Martinez, 36, of Garland, Texas, appeared in federal court this afternoon before U.S. Magistrate Judge Irma C. Ramirez on a federal criminal complaint stemming from his unauthorized entrance into a restricted area of Dallas Love Field Airport on Sunday evening, April 28, 2013. He was ordered detained. Today’s announcement was made by U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Specifically, the felony complaint charges Jimenez with entering aircraft or an airport area in violation of security requirements. The offense as charged, upon conviction, carries a maximum statutory penalty of up to 10 years in federal prison and a $250,000 fine.

According to the complaint filed, Jimenez, driving a 2007 Chevrolet Tahoe, pulled onto the Dallas Love Field Airport property where private aircrafts are housed. Jimenez approached the gate of a general aviation aircraft business and began pressing buttons on the gate’s access pad. While an employee opened the gate to engage Jimenez through the vehicle’s window, another employee parked his company SUV on the air operations side of the gate to prevent unauthorized vehicles from entering the restricted area. As that employee began to open the door of his vehicle, Jimenez evaded the vehicle and maneuvered around it at a high rate of speed.

Jimenez proceeded onto and down Taxiway Alpha at speeds estimated to be in excess of 100 miles per hour. The business’ employees were unable to catch up with Jimenez and requested assistance. Jimenez’s Tahoe was ultimately located at Associated Air Hanger 3. Jimenez walked through the hanger and, when officers with the Dallas Police Department arrived and cuffed him, he attempted to break free and additional officers arrived to assist in restraining him. Jimenez was arrested and agreed to speak to law enforcement. He advised that he believed God had directed him to Dallas Love Field and, that while he was in the hanger, he yelled “in the name of Jesus” three times.

A federal criminal complaint is a written statement of the essential facts of the offense charged and must be made under oath before a magistrate judge. The U.S. Attorney’s office has 30 days to present the matter to a grand jury for indictment. A defendant is entitled to the presumption of innocence until proven guilty.

The matter is being investigated by the FBI, the Transportation Security Administration, the Federal Air Marshal Service, and the Dallas Police Department.

Assistant U.S. Attorney Errin Martin is in charge of the prosecution.”

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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 Arrests Suburban Chicago Man on Charge of Supporting Terrorism Overseas”

April 22, 2013

The Federal Bureau of Investigation (FBI) on April 20, 2013 released the following:

“An alleged attempt by an Aurora, Illinois man to travel to Syria in order to join a jihadist militant group operating inside Syria led to his arrest Friday evening. The arrest was announced today by Cory B. Nelson, Special Agent in Charge of the Chicago Field Office of the Federal Bureau of Investigation (FBI), and Gary S. Shapiro, U.S. Attorney for the Northern District of Illinois.

Abdella Ahmad Tounisi, 18, a U.S. citizen, was taken into custody without incident late yesterday at O’Hare International Airport by members of the Chicago FBI’s Joint Terrorism Task Force as he attempted to board a flight destined for Istanbul, Turkey. He was charged in a criminal complaint filed today in U.S. District Court with one count of attempting to provide material support to a foreign terrorist organization, a felony offense. Tounisi appeared earlier today before U.S. Magistrate Judge Daniel G. Martin and was ordered held until his next court appearance, which is scheduled for 9:30 a.m. on April 23, 2013.

In making today’s announcement, Mr. Nelson stated that the investigation that culminated in Tounisi’s arrest began in 2012 and that there is no connection between this case and the events that occurred over the last several days in Boston.

The complaint states that Tounisi is a close friend of Adel Daoud, an individual arrested in September 2012 for attempting to detonate a bomb outside a Chicago bar and that Tounisi and Daoud appeared to share an interest in violent jihad. While Tounisi allegedly discussed attack techniques and targets prior to Daoud’s arrest, Tounisi did not participate in Daoud’s attempted attack.

According to the complaint, from January to April 2013, Tounisi conducted online research related to overseas travel and violent jihad, focusing specifically on Syria and the Jabhat al Nusrah terrorist group. Jabhat al Nusrah is listed by the U.S. Department of State as an alias for al Qaeda in Iraq (AQI), a designated foreign terrorist organization. The complaint alleges that Tounisi searched online for information about travel from Chicago to Syria, obtained a new passport, and, beginning in late March 2013, made online contact with an individual Tounisi believed to be a recruiter for Jabhat al Nusrah. That individual was in fact an FBI employee acting in an online undercover capacity. The complaint further alleges that Tounisi and the undercover employee exchanged a series of e-mails in which Tounisi shared his plan to get to Syria by way of Turkey, as well as his willingness to die for the cause. During the exchanges, Tounisi also sought advice from the undercover employee on travel from Istanbul to the Turkish city of Gaziantep, which lies near the border of Turkey and Syria.

The complaint states that on April 10, Tounisi purchased an airline ticket for a flight from Chicago to Istanbul and on April 18, the undercover employee provided Tounisi with a bus ticket for travel from Istanbul to Gaziantep. Tounisi arrived at O’Hare International Airport’s international terminal Friday evening, and after passing through airport security, he was arrested.

If convicted of the charge filed against him, Tounisi faces a maximum penalty of 15 years in federal prison.

The JTTF is composed of special agents of the FBI, officers of the Chicago Police Department, and representatives from an additional 20 federal, state, and local law enforcement agencies. The Justice Department’s National Security Division assisted in the investigation.

Mr. Nelson expressed his gratitude to U.S. Customs and Border Protection for the significant support provided by its officers during the arrest of Tounisi.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are 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

————————————————————–

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.


Gershon Barkany Charged by a Criminal Complaint Alleging He Defrauded Investors of $50 Million in a Real Estate Ponzi Scheme

March 29, 2013

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

“Far Rockaway Man Charged with Defrauding Victims of $50 Million in a Real Estate Ponzi Scheme

Earlier today, FBI agents arrested Gershon Barkany based on a criminal complaint alleging that the Far Rockaway man defrauded investors by promising to use their money in “risk-free” deals to purchase and then immediately re-sell at a profit large real estate properties located in New York City and New Jersey. In fact, the complaint alleges that no such deals existed and the defendant defrauded victims of more than $50 million.

The charges were announced by Loretta E. Lynch, United States Attorney for the Eastern District of New York, and George Venizelos, Assistant Director in Charge, Federal Bureau of Investigation (FBI), New York Field Office. The defendant’s initial appearance is scheduled for this afternoon before United States Magistrate Judge A. Kathleen Tomlinson at the United States Courthouse in Central Islip, New York.

According to the criminal complaint that was unsealed this morning, Barkany induced at least five investors to wire transfer large sums of money supposedly to purchase real estate in Manhattan, Queens, the Bronx, and Atlantic City, New Jersey. According to one of the investor victims, Barkany claimed that the sellers of these properties would only close on the real estate sales contracts after Barkany had located a purchaser who would be willing to buy the property from Barkany at a higher price. In that way, Barkany assured the victim that the real estate deals would be “risk free.”

In fact, the real estate deals did not exist. As part of Barkany’s Ponzi scheme, he diverted some of the funds he received to pay investors whom he had earlier defrauded. The defendant also lost some of the funds in gambling and otherwise used the money for his own benefit.

“Barkany’s victims sought the security of investing in real estate. Instead, they were taken for millions by the defendant’s lies and deception,” stated United States Attorney Lynch. “As alleged, the promised high returns were only for him, as he used his victims’ money to gamble and keep his scheme afloat. Today’s arrest demonstrates the Department of Justice’s commitment to investigate and prosecute financial crimes.” Ms. Lynch added that the government’s investigation is continuing.

FBI Assistant Director in Charge Venizelos stated, “As alleged, Barkany promised a get-rich-quick investment scheme that really had potential to enrich only him. There were no investment properties, just a house of cards built on a foundation of lies. There may be no truly risk-free investments, but investors are entitled to honesty.”

If convicted, the defendant faces a maximum sentence of 20 years’ imprisonment.

The government’s case is being prosecuted by Assistant United States Attorney Christopher C. Caffarone.

Defendant
Gershon Barkany
Far Rockaway
Age: 29”

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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.