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scheme, Radcliff utilized her position as branch manager to issue or direct to be issued cashier’s checks from funds withdrawn from depositors’ accounts issued in the name of the depositor.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.


Phillip Shaw, Antonio Woods, Ryan Neel, Yahmale Brown, and Quenton Thomas Have All Been Indicted by a Federal Grand Jury Allegeing Federal Criminal Charges Related to Drug Trafficking, Robbery, and Weapons Violations

March 29, 2012

The Federal Bureau of Investigation (FBI) on March 29, 2012 released the following:

“Five Cincinnati Men Indicted on Multiple Drug and Gun Charges

CINCINNATI—Edward J. Hanko, Special Agent in Charge (SAC) of the Cincinnati Office of the Federal Bureau of Investigation (FBI); Carter M. Stewart, U.S. Attorney, Southern District of Ohio; and James E. Craig, Cincinnati Chief of Police, announced today that Phillip Shaw, Antonio Woods, Ryan Neel, Yahmale Brown, and Quenton Thomas have all been indicted by a federal grand jury on multiple charges related to drug trafficking, robbery, and weapons violations.

The indictment alleges that Shaw, Woods, Neel, Brown, and Thomas planned to rob an individual of approximately one half kilogram of heroin, approximately one quarter kilogram of cocaine, and approximately $80,000 in currency on or around March 9 to March 10, 2012.

Shaw, Woods, Neel, Brown, and Thomas have all been charged with one count of conspiracy to possess with intent to distribute 100 grams or more of heroin and a measurable amount of cocaine (maximum of 40 years in prison and/or fines up to $5 million); conspiring to take and obtain personal property consisting of heroin, cocaine, and U.S. currency (maximum of 20 years in prison and/or fines up to $250,000); attempt to possess with intent to distribute 100 grams or more of heroin (maximum of 40 years in prison and/or fines up to $5 million); possession of a firearm in furtherance of a drug trafficking offense (mandatory minimum penalty of five years to life in prison and a fine of up to $250,000); and possession of a firearm in furtherance of a crime of violence (mandatory minimum penalty of 25 years to life in prison and a fine of up to $250,000).

Phillip Shaw was additionally indicted for being a felon in possession of a firearm (maximum of 10 years in prison and/or fines up to $250,000).

The case was investigated by the Federal Bureau of Investigation and the Cincinnati Police Department. All suspects are currently in federal custody.

The public is reminded that indictments contain only allegations of criminal misconduct and that defendants are presumed to be innocent unless proven guilty in a court of law.”

US v Phillip Shaw, et al. – Federal Criminal Complaint

21 U.S.C. § 846

18 U.S.C. § 1951

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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 Crimes Watch Daily.

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

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


Madison, WI Federal Grand Jury Returns Indictments

January 27, 2012

The Federal Bureau of Investigation (FBI) on January 26, 2012 released the following:

“MADISON, WI—A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

Lodi Man Charged with Armed Robbery of Pharmacy

Anthony Carriola, 28, Lodi, Wis., is charged with robbing a pharmacy at gunpoint. The indictment alleges that on January 10, 2012, he took morphine pills from Eannelli’s Pharmacy in Prairie du Sac, Wis., by force. Carriola also is charged with brandishing a firearm, specifically a .44 caliber revolver, during a crime of violence.

If convicted, Carriola faces a maximum penalty of 20 years in federal prison on the robbery count, and a mandatory minimum penalty of seven years on the brandishing a firearm count, which would be served consecutively to any other prison term imposed. The charges against him are the result of an investigation by the Sauk County Sheriff’s Department, Sauk Prairie Police Department, Dane County Sheriff’s Department, and Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case has been assigned to Assistant U.S. Attorney Rita M. Rumbelow.

Sparta Man Charged with Arson

Bradford White, 38, Sparta, Wis., is charged with destroying by means of fire a building and personal property used in activity affecting interstate commerce, specifically Fast Eddies, located in Sparta. The indictment alleges that he did so on December 10, 2011.

If convicted, White faces a mandatory minimum penalty of five years in federal prison, and a maximum penalty of 20 years. The charge against him is the result of an investigation by the Sparta Police Department; Monroe County Sheriff’s Office; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Wisconsin Department of Justice, Division of Criminal Investigation, State Fire Marshal’s Office. The prosecution of this case has been assigned to Assistant U.S. Attorney Elizabeth Altman.

Mondovi Man Charged with Gun Crime

William Ernest Ziemer, 47, Mondovi, Wis., is charged with being a felon in possession of three firearms. The indictment alleges that on September 7, 2011, he illegally possessed a semi-automatic rifle, a 12 gauge shotgun, and a .270 caliber rifle.

If convicted, Ziemer faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Chippewa County Sheriff’s Department; Polk County Sheriff’s Department; and St. Croix County Sheriff’s Department. The prosecution of this case has been assigned to Assistant U.S. Attorney Munish Sharda.

Madison Man Charged with Distributing Heroin

Gary C. Mays, 47, Madison, Wis., is charged with six counts of distributing heroin. The indictment alleges that he distributed heroin on November 15, 16, 22, and December 5 and 16, 2011, and January 6, 2011.

If convicted, Mays faces a maximum penalty of 20 years in federal prison on each count. The charges against him are the result of an investigation by the Drug Enforcement Administration and Dane County Narcotics and Gang Task Force. The prosecution of this case has been assigned to Assistant U.S. Attorney Paul W. Connell.

Middleton Man Charged with Gun Crime

Joshua Allen Schaaf, 25, Middleton, Wis., is charged with being a felon in possession of three firearms. The indictment alleges that on October 13, 2011, he illegally possessed a .38 caliber revolver and two .380 caliber pistols.

If convicted, Schaaf faces a maximum penalty of 10 years in federal prison. The charge against him is the result of an investigation by the Dane County Sheriff’s Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz.

Inmate Charged with Possessing Marijuana

Donte Adams, 37, an inmate of the Federal Correctional Institution at Oxford, Wis., is charged with possessing a prohibited object. The indictment alleges that he possessed marijuana on October 16, 2011.

If convicted, Adams faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the Federal Bureau of Investigation and Special Investigative Services at FCI-Oxford. The prosecution of this case has been assigned to Assistant U.S. Attorney David J. Reinhard.”

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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 Crimes Watch Daily.

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

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


Alleged Members of Native Mob Charged in Sweeping Racketeering Indictment

January 26, 2012

The Federal Bureau of Investigation (FBI) on January 25, 2012 released the following:

“MINNEAPOLIS— A 47-count federal indictment unsealed in part late yesterday charges 24 alleged members of the Native Mob gang with conspiracy to participate in racketeering activity and other crimes. The Native Mob is a regional criminal gang that originated in Minneapolis in the early 1990s. Members routinely engage in drug trafficking, assault, robbery and murder. Membership is estimated at 200, with new members, including juveniles, regularly recruited from communities with large, young, male, Native American populations. Association with the gang is often signified by wearing red and black clothing or sporting gang-related tattoos.

Six defendants made their initial federal court appearances late yesterday afternoon. They were apprehended earlier Tuesday, during a take-down conducted by between 100 and 150 local, state, federal, and tribal law enforcement officials. Arrests were made on the White Earth, Mille Lacs, and Leech Lake Indian reservations as well as in the Twin Cities. Of the 18 remaining defendants, 12 are presently in jail or prison on other charges, while six continue to be sought by law enforcement. The six individuals arrested yesterday remain in custody pending their next hearings, scheduled for Jan. 26 and 27.

Earlier today, U.S. Attorney B. Todd Jones said of the investigation, “This investigation exemplifies the law enforcement cooperation we are fortunate to experience here in Minnesota. Local, state, federal, and tribal investigators worked side by side to take down some of the most violent criminals in our state and, in the process, disrupt an extremely dangerous gang that diminishes the quality of life for those who live and work in Native American communities. We owe a debt of gratitude to everyone involved in the investigation. Their efforts have made our streets and communities much safer.”

The indictment alleges that since at least the mid-1990s, the defendants named in this case and others have conspired to conduct criminal activity through an “enterprise,” namely, the Native Mob, in violation of the federal Racketeering Influenced and Corrupt Organizations (RICO) Act. The indictment alleges that the primary objective of this “enterprise” is to preserve, protect, promote and enhance the Native Mob’s power, territory, and financial gains.

To that end, gang members purportedly distribute illegal drugs, from crack cocaine to ecstasy. They also reportedly provide monetary support to other members, including those incarcerated; share with one another police reports, victim statements and other case discovery; hinder or obstruct officials from identifying or apprehending those wanted by the law; and intimidate witnesses to Native Mob crimes. Moreover, they purportedly maintain and circulate firearms for gang use and commit acts of violence, including murder, against individuals associated with rival gangs.

Those arrested yesterday, along with their last known residence, include:

  • Dale Wesley Ballinger, Jr., 20, Isle, Minn.;
  • Damien Lee Beaulieu, 20, Onamia, Minn.;
  • Aaron James Gilbert, Jr., 24, Minneapolis;
  • Cory Gene Oquist, 22, Bemidji, Minn.;
  • Dale John Pindegayosh, 29, Cass Lake, Minn.; and
  • Justen Lee Poitra, 26, Cass Lake.

In addition to the racketeering charge filed against all 24 defendants, other charges were levied against some of the defendants. Those charges include conspiracy to use and carry firearms during and in relation to a crime of violence; the use and carrying of firearms during and in relation to a crime of violence; assault with a dangerous weapon in aid of racketeering; attempted murder in aid of racketeering; felon in possession of ammunition; felon in possession of a firearm; armed career criminal in possession of a firearm; possession of a firearm in furtherance of a drug trafficking crime and a crime of violence; conspiracy to distribute and possess with intent to distribute controlled substances; possession with intent to distribute a controlled substance; distributing a controlled substance; and tampering with a witness. (See the attached chart for a breakdown of charges by defendant. Note, until such time as defendants make their initial appearances in federal court, their names and the specific charges levied against them will not be disclosed.)

If convicted, the defendants face a potential maximum sentence of between 20 years and life in federal prison. Since the federal justice system does not have parole, prison terms would be served virtually in entirety. All sentences will ultimately be determined by a federal district court judge.

This case is the result of a long-term, cross-jurisdictional investigation conducted by local, state, federal and tribal law enforcement officers dedicated to making our streets and communities safer. They include the U.S. Bureau of Alcohol, Tobacco, Firearms & Explosives; the Minnesota Bureau of Criminal Apprehension; the Carlton County, Minn., Sheriff’s Office; the U.S. Drug Enforcement Administration; the FBI-funded Headwaters Safe Trails Task Force; the Mille Lacs Tribal Police Department; the Minneapolis Police Department; the Minnesota Department of Corrections; and the Paul Bunyan Drug Task Force.

These agencies investigated this case with assistance from—in alphabetical order—the Becker County Sheriff’s Office, the Beltrami County Sheriff’s Office, the Carlton County Attorney’s Office, the Cass County Attorney’s Office, the Cass County Sheriff’s Office, the Crow Wing County Sheriff’s Office, the Douglas County Sheriff’s Office of Wisconsin, the Duluth Police Department, the Fon du Lac Tribal Police Department, the Fridley Police Department, the Itasca County Sheriff’s Department, the Hennepin County Attorney’s Office, the Hennepin County Sheriff’s Office, the Hubbard County Sheriff’s Office, the Leech Lake Tribal Police Department, the LCO Reservation Police Department, the Lower Sioux Tribal Police Department, the Mahnomen County Sheriff’s Office, the Minnesota State Patrol, the Mille Lacs County Attorney’s Office, the Mille Lacs County Sheriff’s Office, the New Brighton Police Department, the North Central Drug Task Force, the Prior Lake Police Department, the Red Lake Tribal Police Department, the Redwood County Sheriff’s Office, Richfield Police Department, the Sherburne County Sheriff’s Office, the St. Paul Police Department, the U.S. Marshal’s Service, the Minneapolis Violent Offender Task Force, the Washington County Sheriff’s Office and the White Earth Tribal Police Department.

This case is being prosecuted by Assistant U.S. Attorneys Andrew R. Winter and Steven L. Schleicher.”

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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 Crimes Watch Daily.

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

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


ICE ‘most wanted’ fugitive indicted for human trafficking

September 30, 2011

The U.S. Immigration and Customs Enforcement (ICE) on September 29, 2011 released the following:

“TAMPA, Fla. – A former fugitive on U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) list of most wanted criminals was indicted Thursday on four counts of conspiracy to entice a minor to engage in a commercial sex act, four counts of enticing a minor to engage in a commercial sex act, three counts of production of child pornography, and one count of being a felon in possession of a firearm.

Eric Antwan Bell, 37, was featured in June on the television show “America’s Most Wanted.” He was arrested Aug. 31 in Parsippany, N.J. by ICE HSI and the Federal Bureau of Investigation (FBI).

If convicted on all counts, he faces a maximum penalty of life in federal prison.

According to the indictment, Bell, along with a co-conspirator, enticed four minor victims to engage in prostitution. Bell and his co-conspirator lived off of the prostitution proceeds. Bell produced child pornography of the four minors and possessed multiple firearms after being convicted of a felony offense.

The indictment notifies Bell that the United States intends to forfeit numerous items of electronic media and firearms seized from his residence.

This case was investigated by the Clearwater Area Human Trafficking Task Force, ICE HSI and the FBI. Other task force members include state and local law enforcement agencies and non-governmental partners.

Assistant U.S. Attorney Stacie B. Harris will prosecute 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 and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

The author of this blog is Douglas 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 Pete Indicted by a Federal Grand Jury with Being a Felon in Possession of a Firearm

June 30, 2011

U.S. Attorney’s Office Northern District of Ohio on June 29, 2011 released the following press release:

“A federal grand jury sitting in Cleveland, Ohio, returned a one-count indictment charging David Pete, age 24, of Youngstown, Ohio, with being a felon in possession of a firearm, said Steven M. Dettelbach, United States Attorney for the Northern District of Ohio.

The indictment represents the first federal charges filed from the 2011 V-GRIP effort.

The indictment charges that on or about June 10, 2011, David Pete possessed a Steyr Mannlincher, .357 caliber pistol, model M-357, and ammunition, after he had been previously convicted of Burglary in the Mahoning County Court of Common Pleas.

If convicted, the defendant’s sentence will be determined by the Court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violations. In all cases, the sentences will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

The investigation preceding the indictment was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives – Youngstown Field Office and the Youngstown Police Department as part of the VGRIP initiative. The matter is being prosecuted by Assistant United States Attorney David M. Toepfer.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.”

To find additional federal criminal news, please read The 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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Fourteen Indicted in New Orleans for Alleged Drug and Gun Charges

August 19, 2010

A 28-count federal indictment was unsealed today charging Lance Foucha, age 30, a resident of New Orleans, Louisiana, Alvin Mingo, age 38, a resident of Metarie, Louisiana, Chris Garner, age 30, a resident of New Orleans, Louisiana, Jeffrey Anderson, age 32, a resident of New Orleans, Louisiana, Anthony Lastie, age 32, a resident of New Orleans, Louisiana, Kentrell Paul, age 26, a resident of New Orleans, Louisiana, Carl Foucha, age 32, a resident of New Orleans, Louisiana, Donald Foucha, age 34, a resident of New Orleans, Louisiana, Theron Campbell, age 30, a resident of New Orleans, Louisiana, Rhonda Smith, age 49, a resident of Kenner, Louisiana, Robert Francis, age 23, a resident of Metairie, Louisiana, Mario Burton, age 24, a resident of Slidell, Louisiana, Larry Ramee, age 38, a resident of New Orleans, Louisiana, and Brian Turner, age 38, a resident of Slidell, Louisiana, with violations of federal drug and gun laws, announced U.S. Attorney Jim Letten. To date, 11 of the 14 individuals are in custody.

Specifically, the indictment alleges that beginning in approximately March 2009 until July 2010, the individuals participated in an alleged conspiracy to distribute fifty or more grams of crack cocaine and 500 or more grams powder cocaine. Donald Foucha is also variously charged with six counts of alleged distribution of crack and powder cocaine; and Carl Foucha and Jeffrey Anderson are each charged with one count of alleged distribution of crack cocaine. Lance Foucha is charged in two counts with alleged distribution of crack cocaine as well as five counts of allegedly using a telephone in the commission of a drug trafficking crime. Alvin Mingo is charged with six counts of allegedly using a telephone in the commission of a drug trafficking crime; and the remaining individuals are each charged with one count of allegedly using a telephone in the commission of a drug trafficking crime. Mingo is also charged with one count of alleged possession with the intent to distribute a quantity of cocaine, allegedly possessing a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm. Anderson is charged with one count of alleged possession with the intent to distribute a quantity of crack cocaine, allegedly possessing a firearm in furtherance of a drug trafficking crime and being a felon in possession of a firearm.

If these individuals are convicted, the judge should follow the new sentencing guidelines as applied to crack cocaine and powder cocaine offenses. President Obama recently signed into law the Fair Sentencing Act of 2010, which significantly reduces the crack cocaine and powder cocaine sentencing discrepancy. For the past few decades the ratio in place was 100:1; an individual in possession of 500 grams of powder cocaine would face a five-year mandatory minimum; crack offenders would have to be in possession of a mere 5 grams to face the same obligatory sentence. The new law reduces the 100:1 ratio to 18:1, which is still not the 1:1 ratio that many lawmakers and drug enforcement agents believe should be in place.

Douglas McNabb and other members of the firm practice and write extensively on matters involving Federal Criminal Defense, Interpol Litigation, International Extradition and OFAC Litigation.

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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