Bout Asks Judge to Throw Out Conviction

March 28, 2012

The New York Times on March 28, 2012 released the following:

“By BENJAMIN WEISER

Updated 11:30 a.m. | Viktor Bout, a former Soviet Air Force officer who was convicted in November of conspiring to sell anti-aircraft missiles and other weapons to men he believed were terrorists intending to kill Americans, apparently believes that he does not deserve the mandatory minimum sentence of 25 years — or any sentence, for that matter.

Mr. Bout’s lawyer has filed court papers asking a judge to refuse to sentence him next week in Federal District Court in Manhattan.

The lawyer, Albert Y. Dayan, argued in a 14-page memorandum filed on Wednesday morning that Mr. Bout’s prosecution by the United States government was “the product of malice” and “private politics” stemming from “the then White House,” a reference to the Bush administration; Mr. Bout was taken into custody in Thailand in March 2008, and later sent to the United States.

His arrest followed a lengthy undercover sting operation run by the Drug Enforcement Administration, which relied on cooperating informants who posed as members of the Colombian terrorist group, the Revolutionary Armed Forces of Colombia, or the FARC.

Under the law, Mr. Bout faces at least 25 years behind bars when he is to be sentenced on April 5, but Mr. Dayan, calling his client innocent and saying that his prosecution was the product of “outrageous, inexcusable” government conduct, called such a sentence “way too much under the facts and circumstances of this case.”

He asked that the judge, Shira A. Scheindlin, dismiss the indictment. A spokeswoman for the United States attorney’s office had no comment.

After a three-week trial, Mr. Bout was convicted of conspiring to kill American nationals, as well as officers and employees of the United States; to acquire and use anti-aircraft missiles (the count that carries the mandatory 25-year minimum term); and to provide material support to a foreign terrorist organization. He could face up to life in prison on some counts.

In February, Judge Scheindlin did agree to a request by his lawyer that Mr. Bout be transferred from solitary confinement into the general prisoner population in the Metropolitan Correctional Center, where he had been held for 15 months.

The judge, who held a hearing into the matter, ruled that she could not “shirk my duty under the Constitution” and Supreme Court precedent “to ensure that Bout’s confinement is not arbitrary and excessively harsh.””

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


Christopher Kice Charged by a Criminal Complaint With Allegedly Possessing Child Pornography

August 26, 2011

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

“Shorewood Man Arrested for Possession of Child Pornography

A southwest suburban man was arrested earlier this week at his Shorewood residence and was charged with possession of child pornography. The arrest was announced today by Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI).

CHRISTOPHER KICE, age 41, of the 1100 block of Callaway Drive West, was arrested Monday night, without incident, by Special Agents assigned to the Chicago FBI’s Innocent Images Task Force (IITF). KICE was charged in a criminal complaint filed earlier this week in U.S. District Court in Chicago with one count of Possession of Child Pornography, which is a felony offense.

According to the complaint, investigators were first alerted to KICE’s possible involvement in the collection of child pornography by his employer, an unnamed Chicago area law firm where KICE was employed in the Information Technology Department. When co-workers noticed that numerous large files with suspicious sounding names, such as “kiddie” and “pre-teen”, had been downloaded on a company computer then transferred to removable storage devices, they notified the IITF.

Initial investigation by IITF personnel developed probable cause to conduct a search of KICE’s residence, which took place on March17th of this year, pursuant to a Federal search warrant. During the search, several computer hard drives and other digital storage devices were seized. A preliminary forensic review of the digital devices recovered during the search discovered numerous images and videos of what appeared to be child pornography.

A subsequent forensic examination conducted by the Chicago Regional Computer Forensic Laboratory (RCFL) discovered alleged pornographic images on one of the computer hard drives of what appeared to be a minor female child. Investigators recognized the background on these images, indicating that they might have been taken inside KICE’s residence. This discovery led investigators to arrest KICE that same evening.

KICE appeared before Magistrate Judge Maria Valdez in Chicago on Tuesday, at which time he was formally charged. KICE was ordered held without bond, pending his next court appearance, which is scheduled for tomorrow (Friday) at 2:00 PM before Judge Valdez. Until then, KICE will be held at the Metropolitan Correctional Center (MCC) in Chicago. If convicted of the charge filed against him, KICE faces a possible sentence of up to ten (10) year’s incarceration.

A photograph of KICE accompanies this release. Anyone recognizing him or having any information which might be relevant to this investigation is asked to call the Chicago FBI at (312) 421-6700.

The FBI’s Innocent Images initiative was established in 1996 and is part of a nationwide effort to combat the manufacture, distribution and possession of child pornography. At present, there are 43 separate Innocent Images task forces in various FBI offices around the country, which are investigating similar cases.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.”

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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