Houston Doctor Sentenced in Federal Court to 11+ Years in Health Care Fraud Scheme

October 31, 2011

The U.S. Attorney’s Office Southern District of Texas on October 28, 2011 released the following:

“HOUSTON – Houston doctor Christina Joy Clardy, 61, has been sentenced to 135 months in federal prison for her role in a massive health care fraud conspiracy that billed the federal Medicare and Texas Medicaid programs for $45,039,230 over a 2 ½-year-period, United States Attorney Kenneth Magidson announced today. Clardy was sentenced just a short while ago in federal court in Houston.

Clardy is the third defendant to be sentenced in this matter. Last week Umawa Oke Imo, the owner of City Nursing Services of Texas, Inc., was sentenced to 327 months for his role in the conspiracy and health care fraud. Clardy, who was found guilty of one count of conspiracy to commit health care fraud, 14 counts of health care fraud and three counts of mail fraud on May 27, 2011, after an 18-day trial in front of U.S. District Judge Melinda Harmon, was also ordered to pay $15,626,084.01 in restitution to Medicare and Medicaid. In arriving at Clardy’s sentence today, Judge Harmon considered the pivotal role Clardy played in abusing the trust of the Medicare and Medicaid programs by allowing the fraudulent billing under her provider numbers.

City Nursing billed more than $25 million worth of physical therapy services under Clardy’s physician provider numbers between January 2007 and August 2008. The United States introduced a letter at trial, sent by Clardy to Imo in July of 2007 – a year before she left the clinic, showing her knowledge of the fraudulent activities at the clinic, ordering Imo to immediately cease billing Medicare under her provider number, to notify Medicare of the prior fraudulent billing and threatening to notify Medicare of the fraud if he did not. Clardy testified at trial that after Imo received her letter they had a private meeting at her house and after that she never contacted Medicare about the fraud and never asked Imo if he contacted Medicare or stopped the fraudulent billing. Other evidence introduced by the United States showed that beginning in August 2007, a few weeks after Clardy’s letter, Imo began making large cash payments to Clardy and continued to bill approximately $21 million worth of false and fraudulent physical therapy services.

City Nursing employee Joann Michelle White, who played a minor role in the health care fraud conspiracy, pleaded guilty to conspiracy in February 2010 and testified for the United States during the trial. She was sentenced to 46 months on Oct. 14, 2011. The last convicted defendant, Kenneth Anokam, will be sentenced later next month.

The investigation into City Nursing was the result of the joint efforts by special agents of the FBI, Internal Revenue Service-Criminal Investigations, the Department of Health and Human Services-Office of Inspector General and the Texas Attorney General’s Office-Medicare Fraud Control Unit. Assistant United States Attorneys Julie Redlinger and Mark Donnelly prosecuted the case. Assistant United States Attorney Kristine Rollinson assisted with forfeiture and restitution.”

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Douglas McNabb – McNabb Associates, P.C.’s
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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.

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Brooks Kellogg Sentenced by U.S. District Court Judge Christine M. Arguello to Serve 72 months (6 years) in Federal Prison for a Murder for Hire Scheme

September 4, 2011

The U.S. Attorney’s Office District of Colorado on September 1, 2011 released the following:

“BROOKS KELLOG SENTENCED TO FEDERAL PRISON FOR MURDER FOR HIRE SCHEME

DENVER – Brooks Kellogg, age 72, and a resident of Chicago, Illinois, was sentenced this afternoon by U.S. District Court Judge Christine M. Arguello to serve 72 months (6 years) in federal prison, followed by 2 years on supervised release, for traveling in interstate commerce in commission of murder-for-hire, United States Attorney John Walsh and FBI Special Agent in Charge James Yacone announced. Judge Arguello also ordered Kellogg to pay a $100,000 fine. Kellogg, who appeared at the sentencing hearing in custody, was then remanded.

Brooks Kellogg was arrested based on a Criminal Complaint on October 20, 2010. He was then charged by Information on November 1, 2010, which was followed by an indicted returned by a federal grand jury on November 3, 2010. Kellogg was later charged by superseding indictment on February 8, 2011. On April 28, 2011, Kellogg pled guilty before Judge Arguello. He was sentenced today, September 1, 2011.

According to court documents, on October 19, 2010, after flying from Minneapolis, Minnesota and arriving at Denver International Airport, Kellogg met at the airport with an FBI agent acting in an undercover capacity. Kellogg paid the undercover agent $2,000 in cash to murder a Florida man with whom he was involved in a real estate transaction that resulted in civil court litigation. Kellogg had already paid an additional $6,000 for the hit. The Florida man had sued Kellogg, obtaining a multi-million judgment.

“As today’s sentence reveals, anyone attempting to hire a contract killer will be prosecuted to the full extent of the law,” said U.S. Attorney John Walsh.

“This case demonstrates the FBI’s commitment to aggressively investigate all levels of violent crimes,” said FBI Denver Special Agent in Charge James Yacone. “Mr. Kellogg’s criminal activity was thwarted through a quick and decisive investigation.”

This case was investigated by the Federal Bureau of Investigation, with the Denver Police Department assisting with the arrest.

Kellogg was prosecuted by Assistant U.S. Attorney Robert Brown.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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

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Martin Antonio Montoya Sentenced by U.S. District Judge Hilda Tagle to 50 months in Federal Prison for Bank Robbery

September 2, 2011

The U.S. Attorney’s Office Southern District of Texas on September 1, 2011 released the following:

“Bank Robber Sentenced to 50 Months

BROWNSVILLE, Texas – Martin Antonio Montoya, 22, has been sentenced to 50 months in prison and ordered to pay restitution to the Bank of America in the amount of $1,174.58, United States Attorney José Angel Moreno announced today. U.S. District Judge Hilda Tagle handed down the sentence today and also ordered him to serve a three-year-term of supervised release following his release from prison.

On Dec. 13, 2010, Montoya, of Brownsville, Texas, wearing a hooded sweatshirt and a black baseball cap, entered the Bank of America in Brownsville, Texas, and waited in line to speak to a bank teller. After approaching the counter, Montoya handed the bank teller a note demanding she give him all her money or else he was going to hurt her as well as everyone in the bank. A total of $1,610 was handed over to Montoya, who then fled the bank.

Montoya’s mother turned him in after video footage from the bank was shown in the local news. Montoya was subsequently arrested at the Red Roof Inn in Brownsville, Texas. A search of Montoya’s residence resulted in the recovery of $435.42 that was taken from the bank.

Montoya pleaded guilty on March 3, 2011. He has been in custody since his arrest where he will remain pending transfer to a Bureau of Prisons facility to be determined in the near future.

The FBI and Brownsville Police Department led the investigation leading to the arrest of Montoya. The case was prosecuted by Jose A. Esquivel, Jr.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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

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Texas Syndicate Gang Members and Associates Sentenced to Prison

August 31, 2011

U.S. Attorneys Office Southern District of Texas on August 30, 2011 released the following:

“McALLEN, Texas – Six Texas Syndicate members and associates have been sentenced to prison for racketeering, violent crimes in aid of racketeering, kidnapping and possession with intent distribute cocaine, United States Attorney Jose Angel Moreno announced today.

At a hearing on Monday, Aug. 29, 2011, Chief U.S. District Judge Ricardo Hinojosa sentenced the chairman of the Texas Syndicate in the Rio Grande Valley, Jose Ismael Salas, 40 of Edinburg, Texas, to 20 years in federal prison without parole for drug trafficking offenses in violation of the racketeering statute. Salas pleaded guilty on April 2, 2009, admitting to committing two acts of racketeering, namely two separate acts of possession with intent to distribute a controlled substance – six kilograms of cocaine on Aug. 12, 2004, and 39 kilograms of marijuana on March 28, 2003, intending to further the goals of the gang.

Five other members or associates of the gang were also sentenced yesterday by Judge Hinojosa including Fidel Valle, 45 of Donna, Texas – the source of drug supply to the gang who employed gang members to assist in his drug distribution business. He received 126 months imprisonment for possession with intent to distribute six kilograms of cocaine. On July 28, 2009,Valle pleaded guilty to the federal felony drug charge acknowledging that on Aug. 12, 2004, upon being contacted by Salas, Valle agreed to sell approximately six kilograms (approximately 13 pounds) of cocaine to Salas’s associates. That drug load was found and seized by law enforcement officers during a traffic stop of a Ford pickup seen leaving Valle’s residence in Donna on Aug. 12, 2004.

Romeo Rosales, 41 of Raymondville, Texas – an admitted Texas Syndicate gang member who was convicted of kidnapping Amancio Pinales-Garcia – was sentenced to 151 months imprisonment. Reyes, son-in-law of the kidnapping victim, sought a monetary reward to turn over Pinales-Garcia to unknown subjects in Mexico. Pinales-Garcia was shot several times in the low torso during the struggle and subsequently died in Mexico. Rosales pleaded guilty to kidnapping Pinales-Garcia on March 3, 2009.

Noel De Los Santos, 33, of Donna, Texas was sentenced to 240 months imprisonment for violent crimes in aid of racketeering, that is, for the murder of Crisantos Moran on March 20, 2003. According to trial testimony, Moran had been ordered by the Texas Syndicate to kill a rival gang member who lived near Penitas, Texas. De Los Santos and Jose Armando Garcia, both Texas Syndicate gang members, agreed to accompany Moran to commit the murder. However, Moran failed to carry out the order as given. Instead, De Los Santos and Garcia shot and killed Moran for failing to carry out the order. On Aug. 10, 2010, Garcia was convicted of racketeering and violent crimes in aid of racketeering and was sentenced to life in prison on Jan. 5, 2011.

Cristobal Hernandez, 31, and Arturo Rodriguez, 28, both of Brownsville, Texas, were sentenced to 120 and 240 months imprisonment, respectively, for violent crimes in aid of racketeering arising from the murder of Marcelino Rodriguez in June 2007. After members of the Texas Syndicate obtained a copy of a sealed court document from an employee of a McAllen area law firm which represented Marcelino Rodriguez in a federal case, the murder of Marcelino Rodriguez was approved by the leadership of the Texas Syndicate. Hernandez and Arturo Rodriguez were recruited by Raul Galindo to commit the murder. Galindo shot Marcelino Rodriguez in the back of the head while Arturo Rodriguez set the vehicle on fire with gasoline. On Aug. 10, 2010, Galindo was convicted of violent crimes in aid of racketeering and tampering with a witness, victim or an informant. On Jan. 5, 2011, Galindo was sentenced to life imprisonment.

All six of the defendants sentenced yesterday are in federal custody and will remain in custody pending transfer to Bureau of Prisons facilities to be designated in the near future.

All 13 charged in this case have been convicted and sentenced to prison. Juan Pablo Hinojosa, who was convicted by a federal jury of racketeering and violent crimes in aid of racketeering, was sentenced to life imprisonment on Jan. 5, 2011. On Jan. 28, 2010, Benjamin Piedra pleaded guilty to violent crimes in aid of racketeering and was sentenced to 120 months confinement and three years of supervised release on Feb. 22, 2011. Adan Roberto Ruiz pleaded guilty to criminal information charging him with conspiracy to possess with intent to distribute less than 50 kilograms of marijuana, while Jorge Puga pleaded to a criminal information charging him with possession with intent to distribute 39 kilograms of marijuana. Ruiz and Puga received 52 and 37 months, respectively. Joel Carcano Jr. pleaded guilty providing false statements – admitting he lied to Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents when he falsely stated he did not provide a copy of downward departure motion to Texas Syndicate members. This document was used as the basis to order the murder of the government’s informant. On Feb. 22, 2011, Carcano was sentenced to 52 months custody and a three-year-term of supervised release.

The investigation leading to the federal charges and subsequent conviction of these admitted Texas Syndicate gang members was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Texas Department of Public Safety and the Hidalgo County Sheriff’s Office. Assistant United States Attorney Robert Wells, Jr. prosecuted the case.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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

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David Michael McElmurry Convicted by a San Diego Federal Jury of Distribution of Child Pornography and Possession of Child Pornography

August 29, 2011

The Federal Bureau of Investigation (FBI) on August 26, 2011 released the following:

“United States Attorney Laura E. Duffy announced that David Michael McElmurry was convicted today after a three-day jury trial before United States District Court Judge John A. Houston. A federal jury returned verdicts convicting McElmurry of one count of distribution of child pornography and one count of possession of child pornography. McElmurry faces a fifteen-year mandatory-minimum sentence.

According to evidence presented at trial, McElmurry used the screen name “Teentrade” on a file-sharing program where he had over 41,000 files of child pornography available for sharing. Among his collection were children as young as infants involved in sexual conduct with adults and other children. The jury also heard testimony about his previous law enforcement contact from 2006, when he stated he was addicted to child pornography, had been viewing it since he was 15 years old, used encryption and traded files online.

The Court scheduled a sentencing hearing on November 28, 2011, at 8:30 a.m.

Case Number: 10CR5096-H

DEFENDANT
David Michael McElmurry

SUMMARY OF CHARGES
Title 18, United States Code, Section 2252(a)(4)(B) (Possession of Images of Minors engaged in Sexually Explicit Conduct)
Title 18, United States Code, Section 2252(a)(2) (Distribution of Images of Minors Engaged in Sexually Explicit Conduct)

Minimum penalty: 15 years’ imprisonment.
Maximum penalties: 40 years’ imprisonment.
Supervised Release: 5 years – Life.
Mandatory Registration under the Sex Offender Registration and Notification Act

AGENCY
Federal Bureau of Investigation”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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John Pitlick Sentenced by Chief U.S. District Judge Karen E. Schreier to 30 Months in Federal Prison on Mail Fraud Charges

August 26, 2011

The Federal Bureau of Investigation (FBI) on August 26, 2011 released the following:

“Minnesota Man Sentenced for Mail Fraud

US Attorney Brendan V. Johnson announced that a New Hope, Minnesota, man charged with mail fraud was sentenced on August 26, 2011, by Chief US District Judge Karen E. Schreier. John Pitlick, age 44, was sentenced to 30 months in prison, three years of supervised release, $300,000 in restitution, and a $100 assessment to the Victim Assistance Fund.

Pitlick was indicted for mail fraud by a federal grand jury on September 8, 2010. Starting in April 2007, Pitlick represented that he would broker a loan from one South Dakota farming family to another South Dakota farming family. In reliance upon this representation, his victims transferred a total of $300,000 to Pitlick’s business. Pitlick received the funds, but no loan was ever made. The funds were actually used by Pitlick for his own personal gain. Pitlick pled guilty to the indictment on June 2, 2011.

This case was investigated by the FBI. Assistant US Attorney Kevin Koliner prosecuted the case.

Pitlick was ordered to self report on September 19, 2011, to begin his prison sentence.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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John A. Ortiz Sentenced to 18 Months in Federal Prison for Structuring More Than $943,000 in Cash Transactions

August 26, 2011

The Federal Bureau of Investigation (FBI) on August 25, 2011 released the following:

“David B. Fein, United States Attorney for the District of Connecticut, announced that JOHN A. ORTIZ, 54, of Stratford, was sentenced today by United States District Judge Janet C. Hall in Bridgeport to 18 months of imprisonment, followed by two years of supervised release, for illegally structuring more than $943,000 in cash transactions. Judge Hall also ordered ORTIZ to forfeit approximately $388,540 to the government, and to pay a fine in the amount of $75,000.

Federal law requires all financial institutions to file a Currency Transaction Report (CTR) for currency transactions that exceed $10,000. To evade the filing of a CTR, individuals will often structure their currency transactions so that no single transaction exceeds $10,000. Structuring involves the repeated depositing or withdrawal of amounts of cash less than the $10,000 limit, or the splitting of a cash transaction that exceeds $10,000 into smaller cash transactions in an effort to avoid the reporting requirements. Even if the deposited funds are derived from a legitimate means, financial transactions conducted in this manner are still in violation of federal criminal law.

According to court documents and statements made in court, ORTIZ maintained a money market savings account at a credit union, and also had a personal line of credit at a bank. Between May 2006 and October 2009, ORTIZ made more than 70 large cash deposits into his savings account and more than 30 large cash payments to his personal line of credit account. The vast majority of the cash transactions were in the amount of $9000, and none exceeded $10,000. In total, ORTIZ structured approximately $943,000 in cash deposits and line of credit payments.

ORTIZ used the deposited funds to purchase, or to obtain credit in order to purchase, properties in Connecticut and Florida. ORTIZ also used more than $270,000 of the structured funds to settle a business dispute with his former partner.

ORTIZ owns and operates towing and auto repair businesses in Bridgeport and Stratford.

On May 25, 2011, ORTIZ waived his right to indictment and pleaded guilty to one count of structuring cash transactions.

This matter was investigated by the Internal Revenue Service—Criminal Investigation and the Federal Bureau of Investigation. The case was prosecuted by Senior Litigation Counsel Richard J. Schechter.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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Lakecia Motley Sentenced to 63 Months in Federal Prison for Tax Fraud Conspiracy

August 23, 2011

The U.S. Attorney’s Office Middle District of Alabama on August 22, 2011 released the following:

“MONTGOMERY WOMAN SENTENCED IN TAX FRAUD CONSPIRACY  
  
Montgomery, Alabama – Lakecia Motley, 32, of Montgomery, was sentenced to 63 months in federal prison for tax fraud announced, George L. Beck, Jr., United States Attorney for the Middle District of Alabama. Motley was also ordered to pay $676,465.49 in restitution to the United States.

On August 12, 2011, Motley pleaded guilty to conspiracy to file false and fraudulent federal income tax returns, in violation of Title 18, United States Code, Section 286. At the plea and sentencing hearings, the United States proved that between 2005 and 2007, Motley and her co-conspirators filed numerous fraudulent tax returns using stolen identity information. The United States lost a total $676,465.49 from the false tax returns.

The case was investigated by Internal Revenue Service, Criminal Investigation, and the United States Secret Service. The case was prosecuted by Assistant United States Attorney Jared Morris.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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Eric Brown Sentenced to 12 Years in Prison For Conspiracy to Conduct and Participate in the Activities of the Black Guerilla Family (BGF), a Racketeering Enterprise

August 22, 2011

The Federal Bureau of Investigation (FBI) on August 19, 2011 released the following:

“BGF Leader Sentenced to 12 Years in Prison for Participating in a Racketeering Conspiracy

BALTIMORE—U.S. District Judge William D. Quarles, Jr. sentenced, Eric Brown, a/k/a E and EB, age 42, of Baltimore, late yesterday to 12 years in prison, followed by three years of supervised release, for a conspiracy to conduct and participate in the activities of the Black Guerilla Family (BGF), a racketeering enterprise. Brown pleaded guilty on April 27.

Another co-defendant, James Harried, a/k/a Smiley, age 48, of Essex, Maryland, pleaded guilty on August 17, 2011, to his participation in the BGF racketeering conspiracy.

The sentence and guilty plea were announced by United States Attorney for the District of Maryland Rod J. Rosenstein; Special Agent in Charge Ava Cooper-Davis of the Drug Enforcement Administration – Washington Field Division; Baltimore Police Commissioner Frederick H. Bealefeld III; Baltimore City State’s Attorney Gregg L. Bernstein; and Secretary Gary D. Maynard of the Maryland Department of Public Safety and Correctional Services.

“The sentence Mr. Brown received today should send a strong message to all individuals who may think about becoming a gang member like Mr. Brown,” stated Ava Cooper-Davis, Special Agent in Charge of the Drug Enforcement Administration. “Mr. Brown’s prior leadership role with the BGF gang will mean nothing as he spends 12 years in federal prison. Mr. Brown will now be reduced in rank as the result of many law enforcement agencies and prosecutors who worked tirelessly in this investigation,” stated Cooper-Davis.

According to their plea agreements, BGF is a nationwide gang operating in prison facilities and major cities throughout the United States. Founded in California in the 1960s and introduced into the Maryland correctional system in the mid 1990s, BGF in Maryland is increasingly active on the streets of Baltimore City, as well as in various prison facilities in Maryland.

BGF conducts its affairs through a pattern of criminal activity, including: narcotics trafficking, robbery; extortion; bribery; retaliation against a witness or informant; money laundering; and commercial robbery. BGF members arrange to have drugs, tobacco, cell phones, food and other contraband smuggled into Maryland prison facilities, sometimes recruiting and paying employees of prison facilities, including corrections officers, to assist BGF and its members in the smuggling of contraband, the collection of intelligence and in the concealment of BGF’s criminal activities. BGF members use violence and threats of violence to coerce incarcerated persons to pay protection money to BGF, to enforce the BGF code of conduct, and to increase their control of the Baltimore City drug trade and the underground “prison economy” in Maryland correctional facilities.

According to his plea agreement, from 2006 through June 2010, Brown, was a leader of BGF, enforcing discipline in the gang and directing and participating in the drug trafficking activities of the gang. Harried sold heroin for his own benefit and for the enrichment of BGF. It was forseeable that as members of the conspiracy, Brown and Harried possessed with intent to distribute between 700 grams and one kilogram of heroin.

Specifically, while Brown was incarcerated, he extorted a fellow inmate for protection from violence at the hands of BGF members and assaulted another inmate who failed to make timely extortion payments to BGF. Brown and co-defendant Ray Olivis transferred some of the proceeds of BGF’s illegal activities, including drug trafficking and extortion, into prepaid debit card accounts. In addition, Brown arranged for contraband to be smuggled into correctional facilities through the use of couriers and corrections employees. Co-defendant Rainbow Williams delivered contraband, including narcotics, to corrections officers to be smuggled into correctional facilities, sometimes paying the officer for smuggling the contraband into prison. Williams even attempted to smuggle contraband into a Maryland correctional facility via a pair of tennis shoes, but he was discovered by corrections officials.

During an intercepted telephone conversation on March 19, 2010, Harried was overheard by law enforcement discussing the collection of dues from fellow BGF members in order to post the bail for an incarcerated member. These dues were paid, at least in part, with the proceeds of BGF drug trafficking. At times during the conspiracy Harried also attended meetings of the high ranking members of BGF, where racketeering activities, including drug trafficking, money laundering, commercial robberies and retaliation against rival gang members and BGF member who broke protocol, were discussed. Harried was often consulted during the trials of BGF member accused by other members of breaking BGF protocol.

James Harried faces a maximum sentence of 20 years in prison. Judge Quarles has scheduled his sentencing for November 22, 2011 at 1:00 p.m. Harried remains detained.

Ray Olivis, a/k/a Ronnie Hargrove, Uncle Ray, Unc and Ray Ray, age 57; and Rainbow Williams, age 32, both of Baltimore, pleaded guilty to their roles in the conspiracy and face a maximum penalty of 20 years in prison. Judge Quarles has scheduled sentencing for Rainbow Williams on August 30, 2011 at 1:00 p.m. and Ray Olivis on December 8, 2011 at 9:30 a.m.

Mr. Rosenstein praised the DEA; Baltimore City Police Department; Baltimore City State’s Attorney’s Office; and the Maryland Department of Public Safety and Correctional Services for their work in this investigation and prosecution; as well as the Baltimore County Police Department; the U.S. Marshals Service; the Federal Bureau of Investigation; and the Internal Revenue Service – Criminal Investigation, Washington D.C. Field Office, for their assistance.

United States Attorney Rod J. Rosenstein thanked Baltimore City Assistant State’s Attorneys Antonio Gioia, Miabeth Marosy and Rebecca Cox, for their work in the investigation and prosecution, and Assistant United States Attorneys James T. Wallner and Clinton J. Fuchs, who are prosecuting this Organized Crime Drug Enforcement Task Force case.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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Davoud Baniameri Sentenced in Chicago Federal Court to 51 Months in Federal Prison for Plot to Illegally Export Missile Components and Radio Tests Sets to Iran

August 15, 2011

The U.S. Attorney’s Office Northern District of Illinois on August 15, 2011 released the following:

“IRANIAN NATIONAL SENTENCED TO 51 MONTHS IN PRISON FOR PLOT TO ILLEGALLY EXPORT MISSILE COMPONENTS AND RADIO TESTS SETS TO IRAN

CHICAGO — An Iranian national who maintained a residence and business in California was sentenced to 51 months in federal prison after pleading guilty in May to two felony charges stemming from his efforts to illegally export missile components and radio test sets from the United States to Iran, via the United Arab Emirates.

The defendant, Davoud Baniameri, 38, of Woodland Hills, Calif., was sentenced Friday afternoon by U.S. District Judge Samuel Der-Yeghiayan in Federal Court in Chicago. Baniameri pleaded guilty on May 31 to one count of conspiring to export goods and technology to Iran without a license or approval from the U.S. Department of Treasury in violation of the International Emergency Economic Powers Act (IEEPA) and one count of attempting to export defense articles on the U.S. Munitions List from the United States without a license or approval from the U.S. Department of State in violation of the Arms Export Control Act (AECA).

“This defendant chose to be in the business of illegally exporting items to a state sponsor of terrorism. In doing so, he endangered the national security of the United States,” said Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois.

Mr. Fitzgerald announced the sentence today with Gary J. Hartwig, Special Agent in Charge of the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations HSI); Richard D. Zott, Special Agent-in-Charge of the Defense Criminal Investigative Service Central Field Office in St. Louis; Ronald B. Orzel, Special Agent-in-Charge of the Chicago office of the Department of Commerce’s Office of Export Enforcement; and Alvin Patton, Special Agent-in-Charge of the Criminal Investigation Division of the Internal Revenue Service. The Chicago Police Department also assisted in the investigation.

Baniameri, also known as “Davoud Baniamery,” David Baniameri,” and “David Baniemery,” was arrested on a criminal complaint on Sept. 9, 2009, and indicted in December 2009, along with co-defendant Andro Telemi, 40, of La Tuna Canyon, Calif., a naturalized U.S. citizen from Iran. A superseding indictment in July 2010 charged Baniameri, Telemi and a third defendant, Syed Majid Mousavi, an Iranian citizen living in Iran. Telemi, also known as “Andre Telimi” and “Andre Telemi,” was released and is awaiting trial in Federal Court in Chicago. Mousavi, also known as “Majid Moosavy,” remains a fugitive and is believed to be in Iran.

According to the plea agreement and other court records, sometime before Oct. 10, 2008, Mousavi, based in Iran, contacted Baniameri in California and requested that he purchase and export radio test sets from the United States to Iran, through Dubai. Baniameri agreed and over the next few months negotiated the purchase of three Marconi radio test sets from a company in Illinois. Ultimately, Baniameri arranged for the radio test kits to be sent to him in California, where he shipped them to Dubai, for ultimate transshipment to Iran. At no time did Baniameri obtain or attempt to obtain a license from the U.S. government for the export of the radio test sets.

The plea agreement also states that, sometime before Aug. 10, 2009, Mousavi contacted Baniameri and requested that he purchase and export to Iran via Dubai 10 connector adapters for the TOW and TOW2 missile systems. Baniameri agreed to purchase the items on behalf of Mousavi, and over the next few months, he admitted that he and his co-defendants attempted to purchase 10 connector adaptors from a company in Illinois, which unbeknownst to them, was in fact a company controlled by law enforcement. In September 2009, Baniameri admitted that he directed Telemi to take possession of the connector adaptors in California after having paid $9,450 to a representative of the Illinois company. To further facilitate the export of these items to Iran, Baniameri arranged to fly from the United States to Dubai and then from Dubai to Iran. At no time did Baniameri obtain or attempt to obtain a license from the U.S. government for the export of the connector adaptors. He was arrested before leaving the United States.

The government was represented by Assistant U.S. Attorney Patrick C. Pope.”

To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal.

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

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