FBI: “Federal Grand Jury Returns 30-Count Indictment Related to Boston Marathon Explosions and Murder of MIT Police Officer Sean Collier”

June 27, 2013

The Federal Bureau of Investigation (FBI) on June 27, 2013 released the following:

“WASHINGTON—A federal grand jury returned a 30-count indictment against Dzhokhar A. Tsarnaev for his alleged role in using weapons of mass destruction at the Boston Marathon to kill three individuals and maim or seriously injure many others, as well as for using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier.

Tsarnaev, aka “Jahar Tsarni,” 19, a U.S. citizen residing in Cambridge, Massachusetts, was charged today by indictment with the use of a weapon of mass destruction resulting in death and conspiracy; bombing of a place of public use resulting in death and conspiracy; malicious destruction of property resulting in death and conspiracy; use of a firearm during and in relation to a crime of violence; use of a firearm during and in relation to a crime of violence causing death; carjacking resulting in serious bodily injury; interference with commerce by threats or violence; and aiding and abetting.

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder. “The department is firmly committed to achieving justice on behalf of all who were affected by these senseless acts of violence. And today’s action proves our unyielding resolve to hold accountable—to the fullest extent of the law—anyone who would threaten the American people or attempt to terrorize our great cities. I would like to thank our law enforcement partners, the FBI, the Department’s National Security Division, the U.S. Attorney’s Office for the District of Massachusetts, and every investigator, agent, officer, attorney, analyst, and support staff member whose courage and commitment continues to make our communities and our nation safer.”

“Today’s indictment is the result of the dedicated and collective efforts of law enforcement and intelligence partners, working with a sense of urgency and purpose to find those responsible for these deadly attacks,” said FBI Director Robert S. Mueller. “These continuing efforts reflect the pursuit of justice for those who lost their lives and for the scores of individuals who were injured.”

“Our hearts go out to the victims of these horrendous acts of violence, and our gratitude to the courageous law enforcement officers who have given so much to protect the people of Boston and the United States,” said John Carlin, Acting Assistant Attorney General of the Justice Department’s National Security Division. “We remain committed to obtaining justice in this matter and will continue to work side by side with our partners throughout the law enforcement and intelligence communities to protect the American people from future harm.”

“Today’s charges reflect the serious and violent nature of the events that occurred on April 15th and the tragic series of events that followed,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The defendant’s alleged conduct forever changed lives. The victims, their families, and this community have shown extraordinary strength and resilience in the face of this senseless violence, and it is with the hundreds of injured, as well as Krystle, Lingzi, Martin, and Sean in mind that we proceed to ensure that justice is served in this case.”

The indictment alleges that beginning no later than February 2013 and continuing until Tsarnaev was apprehended on April 19, 2013, Tsarnaev and his brother Tamerlan conspired to use improvised explosive devices (IEDs) against people, property, and places of public use. Specifically, the indictment alleges that on April 15, 2013, during the 117th running of the Boston Marathon, Tsarnaev and his brother placed IEDs among the crowds of spectators who were cheering the runners on Boylston Street towards the marathon finish line. After placing the IEDs among the crowd, the indictment alleges, Tsarnaev and his brother detonated the bombs seconds apart, killing three people, maiming and injuring many more, and forcing a premature end to the marathon. The indictment alleges that the IEDs were constructed from pressure cookers, explosive powder, shrapnel, adhesives, and other items and were designed to shred skin, shatter bone, and cause extreme pain and suffering, as well as death.

The indictment also alleges that on April 18, 2013, the FBI released photographs of Tsarnaev and his brother, identifying them as suspects in the marathon bombings. These photographs were widely disseminated on television and elsewhere. The indictment alleges that hours later on April 18, Tsarnaev and his brother, armed with five IEDs, a Ruger P95 semi-automatic handgun, ammunition, a machete, and a hunting knife, drove in their Honda Civic to the MIT campus, where they shot MIT Police Officer Sean Collier and attempted to steal his service weapon.

The indictment further alleges that shortly after Tsarnaev and his brother killed Officer Collier, they carjacked a Mercedes and kidnapped the driver and forced him to drive to a gas station, robbing him of $800 along the way. After the driver managed to escape, the brothers are alleged to have driven the carjacked vehicle to the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, where Watertown Police officers located them and tried to apprehend them. The indictment alleges that the brothers fired at the police officers and used four additional IEDs against them; then, Tsarnaev re-entered the carjacked vehicle, drove it directly at the officers, and ran over his brother as he managed to escape. Tsarnaev is alleged to have hidden in a dry-docked boat in a Watertown backyard until his arrest the following night.

Seventeen of the charges authorize a penalty of up to life in prison or the death penalty. The remainder authorize a maximum penalty of life in prison or a fixed term of years. Tsarnaev is scheduled to be arraigned on July 10, 2013.

U.S. Attorney Carmen M. Ortiz; Middlesex County, Massachusetts District Attorney Marian T. Ryan; Suffolk County, Massachusetts District Attorney Daniel F. Conley; Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Division; Boston Police Commissioner Edward Davis; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Kenneth J. Croke, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) in Boston, made the announcement today during a press conference.

This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is composed of more than 30 federal, state, and local law enforcement agencies, including the ATF, ICE-HSI, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority, and others. In addition, the Watertown Police Department, the Cambridge Police Department, the MIT Police Department, the Boston Fire Department, the National Guard, and police, fire, and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.

This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty of the U.S. Attorney’s Office for the District of Massachusetts’ Anti-Terrorism and National Security Unit; Nadine Pellegrini, Chief of its Major Crimes Unit; and Trial Attorneys of the U.S. Department of Justice’s National Security Division’s Counterterrorism Section and its Criminal Division.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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

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

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


FBI: “Two Fairbanks Residents Indicted for Wire Fraud and Theft from the City of Tanana, a Local Government Receiving Federal Funds”

May 29, 2013

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

“ANCHORAGE—U.S. Attorney Karen L. Loeffler announced today that two Fairbanks residents were charged with nine counts of wire fraud and three counts of theft from a local government receiving federal funds. The offenses charged occurred from December 2009 through November 2012.

The two defendants named in this indictment are Alfred R. “Bear” Ketzler, Jr., 57, and Alfred McQuestion Fabian, 62. The indictment charges that Ketzler was employed by the city of Tanana as the city manager and was responsible for managing the city’s property, including federal excess and surplus property the city obtained from the federal government. In this position, Ketzler was responsible to allocate surplus federal property to the city of Tanana where needed. Fabian was employed by the city of Tanana as an expeditor who was responsible for storing and transporting the city’s property, including that received from the federal government.

The indictment alleges a scheme between Ketzler and Fabian whereby Ketzler would acquire surplus federal property that was stored at several different locations without notifying the mayor of Tanana or the city council for the city of Tanana of the federal excess and surplus property obtained on behalf of the city of Tanana. It is further alleged that as part of the scheme, Ketzler, who conducted the majority of the business for the city of Tanana from his residence and his office in Fairbanks, did not provide adequate paperwork to the mayor of Tanana or the city council for the city of Tanana regarding federal excess and surplus property he obtained on behalf of the city of Tanana. It is alleged that Fabian, for his part, would transport federal excess and surplus property obtained on behalf of the city of Tanana to storage locations in and around Fairbanks, Alaska, including his own residence.

According to the indictment, after acquiring the surplus property, Ketzler, in coordination with Fabian, would sell the city of Tanana’s federal excess property to individuals and businesses in Alaska for personal gain. As charged in the indictment, the property illegally sold by Ketzler and Fabian included heavy equipment such as trucks, fork lifts, bulldozers, and other industrial equipment. The indictment alleges that in most instances, Ketzler had the purchasers write their checks to Ketzler personally. Upon receiving the checks, Ketzler would then deposit the checks into his personal bank accounts.

The indictment also alleges that part of the scheme involved Ketzler lying to other possible purchasers of surplus federal property. As alleged in the indictment, Ketzler lied and misrepresented information to purchasers of the federal excess property. For example, Ketzler told purchasers that the property belonged to the city of Tanana and that he was selling the property on behalf of the city of Tanana.

The indictment alleges that Ketzler would deposit the proceeds from the sale of the city of Tanana’s property into one of his personal bank accounts and would then write a check to Fabian or transferred money into one of Fabian’s personal bank accounts.

It was also a part of the scheme, as listed in the indictment, that Fabian converted some of the city of Tanana’s federal excess property for his own personal use and that both he and Ketzler sold the city of Tanana’s federal excess property through third-parties.

As a result of the scheme, it is alleged that Ketzler and Fabian received at least approximately $122,100 in illegally obtained payments for the sales of the city of Tanana’s property and $3,650 in property converted to their personal use for property that had an acquisition value to the United States of approximately $984,390.

The maximum penalty for wire fraud is 30 years’ imprisonment with a $250,000 fine. The maximum penalty for theft from a local government receiving federal funds is 10 years’ imprisonment with a $250,000 fine. An arraignment date has not been set.

The investigation has identified numerous sales of federal surplus property by Alfred Ketzler and Alfred Fabian. Some of these sales are believed to have been authorized by the city of Tanana and some of these sales are alleged to have occurred without proper authority. The FBI and Office of Inspector General believe that the sellers represented these sales as legitimate and they do not intend to seize the sold property and they do not consider the buyers to be suspects. The FBI and Office of Inspector General would like to speak to anyone who purchased equipment from Ketzler or Fabian to assist the City of Tanana and the Office of Inspector General in identifying all the sales that have occurred. Please call the FBI at (907) 452-3250 or (907) 276-4441 and ask to speak to Special Agent Sutherland if you have information about a sale or purchase of this federal surplus property.

Ms. Loeffler commends the Federal Bureau of Investigation and the Office of Inspector General for the investigation of this case.

An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.”

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.


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

May 29, 2013

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

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

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

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

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

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

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

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

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

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

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

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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.


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.


Bank Employee Indicted for Alleged Embezzlement and Structuring of Nearly $250,000

May 10, 2013

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

Nine Others Indicted by Federal Grand Jury

CLARKSBURG, WV— United States Attorney William J. Ihlenfeld, II, announced that Deborah D. Radcliff, age 41, of Weston, West Virginia, was named in an eight-count Indictment charging her with one count of embezzlement by a bank employee and seven counts of structuring.

According to the indictment, while serving as the branch manager of the Weston branch bank of Huntington National Bank from July 1, 2011 to November 5, 2012, Radcliff embezzled and misapplied $247,249.88 from depositors’ accounts and engaged in acts of structuring to cause the bank to fail to file a currency transaction report for currency transactions of $10,000 or more. To execute the scheme, Radcliff utilized her position as branch manager to issue or direct to be issued cashier’s checks from funds withdrawn from depositors’ accounts issued in the name of the depositor. Radcliff would take possession of the cashier’s check, forge the name of the depositor, and cash the checks for her own personal benefit. The ages of the alleged victims ranged from 56 to 90 years, with all but one alleged victim 64 years or older.

The indictment also seeks the forfeiture of a money judgment of the $247,249.88. If convicted, Radcliff faces up to 30 years’ imprisonment and a $1,000,000 fine on the embezzlement count and up to 10 years’ imprisonment and a $500,000 fine on each of the structuring counts. This case will be prosecuted by Assistant United States Attorney John C. Parr and was investigated by the Federal Bureau of Investigation.

Other indictments returned by the grand jury include:

Duane McAtee, age 43, of Metz, West Virginia, was named in a one-count indictment charging him with contempt of court. The indictment alleges that on April 2, 2013, McAtee disobeyed a lawful process of a court by failing to appear as directed. If convicted, McAtee faces up to six months’ imprisonment. The case was investigated by the FBI and IRS-CI.

Jose Deleon Hernandez was named in a one-count indictment charging him with iIllegal reentry after removal.” If convicted, Hernandez faces up to two years’ imprisonment and a $250,000 fine. The case was investigated by U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE/HSI).

These two cases will be prosecuted by Assistant United States Attorney Paul T. Camilletti.

Brian Farley, age 30, of Oceana, West Virginia, was named in a 14-count indictment charging him with six counts of obtaining drugs by fraud and eight counts of making a material false statement. If convicted, Farley faces up to four years’ imprisonment and a $250,000 fine on the fraud charges and up to five years’ imprisonment and a $250,000 fine on the false statement charges. This case will be prosecuted by Assistant United States Attorney Robert H. McWilliams, Jr. and was investigated by the U.S. Deparmtent of Veterans’ Affairs/Office of Inspector General-Criminal Investigations Division.

Edward C. Crow, age 43, a former inmate at USP Hazelton, was indicted for multiple counts of possession of a prohibited object; assaulting, resisting, and impeding officers; and assault with a dangerous weapon with intent to do bodily harm. If convicted, Crow faces up to 40 years’ imprisonment. This case will be prosecuted by Assistant United States Attorney Brandon S. Flower and was investigated by the Special Investigative Services Staff at USP Hazelton.

Shane O. Brantley, age 36, of Sutton, West Virginia, was named in a one-count indictment charging him with being a felon in possession of a firearm” on April 25, 2012, in Braxton County. If convicted, Brantley faces a maximum exposure of 10 years’ imprisonment and a fine of $250,000.

Ronald M. Starkey, age 27, of Morgantown, West Virginia, was named in a one-count indictment charging him with being a felon in possession of a firearm” on May 24, 2011, in Morgantown. If convicted, Starkey faces a maximum exposure of 10 years’ imprisonment and a fine of $250,000.

These two cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

Christopher Weaver, age 36, of Morgantown, was named in a three-count indictment charging him with one count of distribution of crack cocaine and two counts of distribution of cocaine hydrochloride. If convicted, Weaver faces up to 20 years’ imprisonment and a $1,000,000 fine on each count. This case was investigated by the West Virginia State Police-Bureau of Criminal Investigations.

Welford Lee Harris, age 27 and Casey Smith, age 20, of Morgantown, were named in an eight-count indictment charging them with conspiracy to possess with intent to distribute and to distribute oxycodone and multiple counts of distribution of oxycodone, and possession with intent to distribute cocaine hydrochloride. If convicted, Harris and Smith face up to 20 years’ imprisonment and a $1,000,000 fine on each count. This case was investigated by the Mon Valley Drug Task Force and the West Virginia State Police. The task force consists of officers from Morgantown Police Department, the Monongalia County Sheriff’s Department, and the Drug Enforcement Administration.

These four cases will be prosecuted by Assistant United States Attorney Zelda E. Wesley.

All of the charges contained in the above-referenced indictments are merely accusations and not evidence of guilt, and each defendant is presumed innocent until and unless proven guilty.”

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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.


Credit Union Manager Victoria Rozanski Charged with Allegedly Embezzling More Than $100,000

May 2, 2013

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

“PITTSBURGH— A Lawrence County woman has been indicted by a federal grand jury in Pittsburgh on a charge of embezzlement from a credit union, United States Attorney David J. Hickton announced today.

The one-count indictment, returned on April 30, named Victoria Rozanski, 59, of 807 Jefferson Ave. in Ellwood City, Pennsylvania, as the sole defendant.

According to the indictment, from in or around January 2003 until in or around May 2009, Rozanski, who was the manager of the Holy Redeemer Parish Federal Credit Union in Ellwood City, embezzled in excess of $100,000 from the credit union.

The law provides for a maximum total sentence of 30 years in prison, a fine of $1,000,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offense and the prior criminal history, if any, of the defendant.

Assistant United States Attorney Lee J. Karl is prosecuting this case on behalf of the government.

The Federal Bureau of Investigation conducted the investigation leading to the indictment in this case.

An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.”

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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.


Federal Grand Jury Returns a Federal Criminal Indictment Alleging Physician Michael Schuster Unlawfully Distributed Prescription Drugs

May 2, 2013

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

Grand Jury Returns Indictment Charging Manhattan Physician with Unlawfully Distributing Prescription Drugs

TOPEKA, KS— A grand jury has returned an indictment charging a physician in Manhattan, Kansas with unlawfully distributing prescription drugs, U.S. Attorney Barry Grissom said today.

Physician Michael Schuster, 53, who operates Manhattan Pain and Spine in Manhattan, Kansas, is charged with four counts: one count of conspiracy to illegally distribute controlled substances, one count of unlawful distribution of controlled substances, one count of unlawfully distributing controlled substances to a person under 21 years old and one count of maintaining a premises in furtherance of unlawful drug distribution.

The indictment alleges that Schuster employed unlicensed staff members who distributed controlled substances to patients using Schuster’s signature on prescriptions while he was traveling out of the state or out of the country. Schuster was out of the office when a total of 540 patients received prescriptions for medications including oxycodone, morphine, hydromorphone, methadone, oxymorphone, tapentadol, fentanyl, amphetamine, methylphenidate, hydrocodone, alprazolam, clonazepam, diazepam, and zolpidem.

Schuster initially was charged in a criminal complaint filed April 23, 2013, in U.S. District Court in Topeka. According to an investigator’s affidavit, the investigation began early in 2012 when the Riley County Police Department received reports that Schuster was issuing prescriptions for high dosages of scheduled drugs based on minimal or cursory physical examinations.

The indictment returned today states that controlled substances may be dispensed and distributed lawfully by means of a prescription that is issued for a legitimate medical purpose by a practitioner acting in the usual course of professional practice. The practitioner must be registered with the Drug Enforcement Administration. Signing a blank prescription and having unauthorized, unlicensed individuals who are not registered with the DEA distribute controlled substances is not a lawful prescription.

The indictment alleges Schuster routinely pre-signed blank prescription forms with the intent that his unlicensed staff members would use them to issue controlled substances to patients while he was not at the clinic.

Count two of the indictment alleges Schuster caused unlicensed staff using blank prescriptions to distribute controlled substances while he was out of the clinic at various locations including Russia, South Africa, Uruguay, Canada, New York, Chile, Argentina, Brazil, and Israel.

Count three alleges that on June 16, 2010, Schuster caused oxycodone to be distributed to a person under the age of 21, who is identified in the indictment as Rex V.

Count four alleges that from April 2007 to August 2012 Schuster knowingly maintained a premises, his office at 1135 Westport Drive in Manhattan, Kansas, for the purpose of unlawfully distributing controlled substances.

The indictment also seeks the forfeiture of all the proceeds from the crimes.

Upon conviction, the crimes carry the following penalties:

Conspiracy: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.

Unlawful distribution of controlled substances: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.

Unlawful distribution of controlled substances to a person under 21 years old: A maximum penalty of 20 years in federal prison and a fine up to $1 million. If death or bodily injury results from the crime, the penalty is not less than 20 years.

Maintaining drug involved premises: A maximum penalty of 20 years and a fine up to $500,000.

Investigating agencies include the Riley County Police Department; the Federal Bureau of Investigation; the Department of Defense, Criminal Investigative Service (DCIS); the Department of Health and Human Services, Office of Inspector General (HHS-OIG); the Drug Enforcement Administration (DEA); the Department of Homeland Security-Homeland Security Investigations (DHS-HSI); and the Diplomatic Security Service (DSS).

In all cases, defendants are presumed innocent until and unless proven guilty. The indictments merely contain allegations of criminal conduct.”

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

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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.