“Former Guatemalan President Pleads Not Guilty After Extradition”

May 29, 2013

The Wall Street Journal on May 28, 2013 released the following press release:

“Samuel Rubenfeld
Wall Street Journal

A former Guatemalan president was extradited last Friday to New York to face money laundering charges, the latest in the Justice Department’s heightened efforts to get defendants detained internationally to face corruption charges.

Alfonso Portillo,who led Guatemala from 2000 to 2004, embezzled tens of millions of dollars in state assets, some of which he laundered through U.S. and European bank accounts, prosecutors alleged Tuesday.

Portillo pleaded not guilty on Tuesday in a hearing before U.S. District Judge Robert Patterson. If convicted, Portillo faces a maximum of 20 years in prison.

He has long denied the allegations against him, telling CNN en Español in January the charges are a political witch-hunt borne of his opposition to the U.S.-led Iraq war.

“If deposits were made, they are deposits that first of all come from institutions that are not illicit,” he was quoted by CNN as saying. “In order for there to be laundering, the first requirement is that the money is from an illegal origin or comes from an illegal activity.”

Portillo’s extradition to the U.S. highlights a recently favored tool in corruption cases by law enforcement authorities, in which people are detained overseas and brought to the U.S. to face the charges against them.

The Justice Department built up its capacity and bolstered its relationships with foreign counterparts, allowing it to more frequently pursue cases and defendants internationally, said Peter Carr, a spokesman, in an email.

“The result is we are pursuing the extradition of more defendants, including high-profile defendants, such as [Viktor] Bout and Portillo,” Carr said.

However, the results of these efforts are somewhat mixed, based on a review of recent cases.

Bout was extradited and convicted, and sentenced to 25 years in prison. His associate was extradited to New York last week.

In January, a U.K. businessman was extradited, pleaded guilty and was sentenced in El Paso, Texas, federal court to three years behind bars for trying to help ship missile parts to Iran.

And in April 2012, the leader of a Mexican drug cartel was brought to the U.S. to face racketeering and money-laundering charges, for which he pleaded guilty and was sentenced to 25 years in prison.

But prosecutors are struggling to bring a former Thai official to the U.S. to face money-laundering charges in a case that’s been stayed until March 2014, and their support to Bahamian authorities in another case still ended in failure.

In another case, prosecutors have been trying to extradite a South Korean man since 2009 to face U.S. foreign bribery charges, but court papers from the man’s lawyers say Seoul won’t do it because the people he’s accused of bribing aren’t considered public officials under local law.

Carr declined to comment on the Justice Department’s record of extradition.”

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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 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.


Mexican Cartel Kingpin to Plead Guilty in US Federal Court

January 4, 2012

The Associated Press (AP) on January 4, 2012 released the following:

“By ELLIOT SPAGAT
Associated Press

SAN DIEGO (AP) — Mexican drug cartel kingpin Benjamin Arellano Felix will plead guilty to unspecified charges, the U.S. attorney’s office in San Diego said Wednesday.

Spokeswoman Debra Hartman said she could not elaborate in advance of the filing. Arellano Felix is expected in federal court Wednesday afternoon.

Arellano Felix headed a once-mighty cartel that came to power in Tijuana, Mexico, in the late 1980s.

Defense attorney Anthony Colombo did not immediately respond to a phone call from The Associated Press seeking comment.

Arellano Felix was extradited from Mexico in April 2011 to face drug, money-laundering and racketeering charges. He had been under indictment in the U.S. since 2003 and is one of the highest-profile kingpins to face prosecution in the United States.

Arellano Felix was incarcerated in Mexico since his 2002 arrest and was sentenced in 2007 to 22 years in prison on drug trafficking and organized crime charges.

The U.S. indictment says Arellano Felix was the principal organizer and top leader of the Arellano Felix cartel going back to 1986, and that the cartel tortured and killed rivals in the United States and Mexico as it smuggled tons of Mexican marijuana and Colombian cocaine.

The cartel, which was known to dissolve the bodies of its enemies in vats of lye, began to lose influence along California’s border with Mexico after Arellano Felix was arrested in 2002. A month earlier, his brother, Ramon, called the cartel’s top enforcer, died in a shootout with Mexican authorities.”

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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.


Feds to seek new indictment vs. Greig

September 29, 2011

Turnto10.com on September 28, 2011 released the following:

“By: DENISE LAVOIE | AP Legal Affairs Writer

BOSTON — Federal prosecutors plan to seek a new indictment against the longtime girlfriend of former Boston crime boss James “Whitey” Bulger, according to a written status report filed in court Wednesday.

Catherine Greig, 60, already has been indicted for allegedly helping Bulger elude authorities after he fled Boston in late 1994, just before he was indicted on racketeering charges. The couple was apprehended in Santa Monica, Calif., in June after spending more than 16 years on the run.

Greig’s lawyers and prosecutors are expected to present the status report to a judge in court Thursday.

The filing by prosecutors, which was reviewed by The Associated Press, says the government “anticipates seeking a superseding indictment in the future.” No other details were provided.

Greig has pleaded not guilty to a charge of conspiracy to harbor and conceal a fugitive. The charge carries a maximum prison sentence of five years.

Her lawyer, Kevin Reddington, did not immediately return a message left on his cellphone seeking comment Wednesday.

Bulger, the former leader of the notorious Winter Hill Gang, is charged for his alleged role in 19 murders. Prosecutors say Greig actively helped Bulger, now 82, escape capture.

Her lawyer has said she was in love with Bulger and didn’t know the extent of his alleged crimes when she left Boston with him in 1995.

In their court filing Wednesday, prosecutors say it is premature to know whether there could be a plea deal in the case against Greig.

“It is too early to determine whether plea negotiations will resolve this case,” First Assistant Jack Pirozzolo and Assistant U.S. Attorney James Herbert wrote.

Reddington has said Greig will not cooperate with authorities in their case against Bulger.

“She’s going to trial on the case – that’s it,” Reddington said last month, after Greig pleaded not guilty to the charge.”

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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Jamar Pharr Plead Guilty in Federal Court to Conspiracy to Engage in a Racketeering Enterprise and Devon Sheale Pled Guilty in Federal Court to Violence in Aid of Racketeering

August 19, 2011

The U.S. Department of Justice (DOJ) on August 18, 2011 released the following:

“Two Pittsburgh Crips Members Plead Guilty to Racketeering Charges

Additional Pittsburgh Crips Gang Member Sentenced to Prison

WASHINGTON – Two members of the Crips gang pleaded guilty today in federal court in Pittsburgh to charges of conspiring to conduct a racketeering enterprise, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.

Jamar Pharr, 27, of Pittsburgh, aka “Brownway,” pleaded guilty to one count of conspiracy to engage in a racketeering enterprise before Senior U.S. District Judge Gustave Diamond in the Western District of Pennsylvania. Devon Shealey, 25, of Pittsburgh, pleaded guilty before Judge Diamond to one count of violence in aid of racketeering.

In addition, yesterday Karl Anger, 22, aka “K-Loc,” was sentenced by Judge Diamond to 58 months in prison for conspiracy to participate in a racketeering enterprise, consecutive to 72 months he is currently serving on a state court conviction for an aggravated assault shooting, for a total of 130 months in prison. The shooting was also charged in the federal indictment as part of the racketeering conspiracy. Anger pleaded guilty on Jan. 19, 2011, to the federal racketeering conspiracy charge.

According to court documents, Pharr, Shealey, Anger and others participated in a pattern of racketeering activity that included robberies at gun point; attempted murders; distribution of heroin and crack cocaine; obstruction of justice and witness intimidation. The three defendants were members of different gangs in the Northside area of Pittsburgh that formed an alliance in 2003 to expand the gang’s drug trafficking territory and increase the gang’s membership to better protect their territory and profits. Members of the gang, known as the Brighton Place/Northview Heights Crips, maintained exclusive control over drug trafficking in these neighborhoods through continuous violence and intimidation of rivals and witnesses. Gang members supported each other through payment of attorneys’ fees and bonds, as well as payments to jail commissary accounts and support payments to incarcerated members’ families.

Gang members had violent confrontations with members of the rival Manchester OGs, and other street gangs operating in the Northside area of Pittsburgh. Members and associates obtained greater authority and prestige within the enterprise based on their reputation for violence and their ability to obtain and sell a steady supply of illegal drugs. According to court documents, the Brighton Place/Northview Heights Crips gang members identify themselves by wearing blue, flashing Crips gang hand signals, and using phrases such as “Cuz,” “C-Safe,” “Loc” and “G.K.”

According to court documents, Pharr was considered a respected member and leader in the enterprise. Pharr had a reputation for violence, and instructed other members and associates of the enterprise as to how to conduct the affairs of the enterprise, including how to possess and distribute firearms and controlled substances, and how to commit acts of violence and witness intimidation. Pharr also distributed controlled substances, including heroin.

Shealey and Anger were considered “gorillas” or “soldiers” for the enterprise, providing protection for the enterprise through the possession of firearms and committing acts of violence. Specifically, according to Shealey’s plea agreement, he was involved in shooting at a member of the Manchester OGs, in an effort to maintain and increase his position within the gang. According to information presented at sentencing, Anger obstructed justice when he tried to convince the victim in his assault case not to testify.

At sentencing, Pharr and Shealey each face maximum prison sentences of 20 years. Shealey is scheduled to be sentenced on Oct. 19, 2011, at 11:00 a.m., and Pharr on Dec. 15, 2011, at 10:00 a.m.

Pharr, Shealey and Anger are three of 26 defendants charged in February 2010 with being members of, and conducting racketeering activity through, the Brighton Place/Northview Heights Crips gang. This prosecution resulted from a Project Safe Neighborhoods Task Force investigation that began in 2005. To date, 23 members or associates of the Brighton Place/ Northview Heights Crips who were charged in this indictment have pleaded guilty to racketeering charges.

This case is being prosecuted by Assistant U.S. Attorneys Charles A. Eberle and Troy Rivetti of the Western District of Pennsylvania and Trial Attorney Kevin Rosenberg of the Criminal Division’s Organized Crime and Gang Section. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the City of Pittsburgh Bureau of Police; the Allegheny County, Penn., Police Department; and the Allegheny County Sheriff’s Office.”

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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Chief Judge Rules in Favor of Prosecutors, Says Bulger Must Face Federal Criminal Charges for an Alleged Role in 19 Murders

June 30, 2011

The Boston Globe on June 30, 2011 released the following:

“By Milton J. Valencia, Maria Cramer and John R. Ellement, Globe Staff

US District Court Chief Judge Mark Wolf today handed federal prosecutors their first victory in the James “Whitey” Bulger prosecution and said prosecutors can focus on the case involving the 19 murders Bulger allegedly played a role in committing.

Wolf, ruling from the bench, approved a motion by US Attorney Carmen Ortiz’ office to drop a set of charges filed against Bulger in 1995 and to keep intact a second batch of charges, which include the allegations the 81-year-old reputed gangster participated in 19 killings.

“It is in the public interest that this case be dismissed,” Wolf said. “I find that the US attorney has made a good faith decision to dismiss this case.”

Speaking to a courtroom filled with relatives of Bulger’s alleged victims as well as Bulger’s two brothers, John and William, Wolf said Bulger could have raised the concern when he was first charged. But now, after having spent 16 years on the run, the judge said Bulger should not benefit from being a fugitive.

“Mr. Bulger did not appear to object to alleged judge shopping in 2000. He could have,’’ Wolf said.

The extraordinary case of Bulger had yet another unexpected twist today when authorities used a United States Coast Guard helicopter to transport Bulger from the Plymouth jail to Boston for a court appearance. Since his return to Boston last week, authorities have deployed a caravan of speeding vehicles to bring him to US District Court.

NECN-TV video shows a handcuffed 81-year-old Bulger, in an orange prison uniform, being helped out of the helicopter by a camouflage-clad officer armed with an assault rifle. Bulger, who appears to be wearing ear protectors, crouches a little as he passes under the helicopter’s rotors toward an SUV waiting a short distance away. The alleged vicious gangster stands patiently by the open door of an SUV before being placed in it.

Bulger is in the courthouse for the third time this week for two separate hearings in which lawyers and federal prosecutors will battle over the number of criminal charges Bulger will face and whether the alleged gang leader will get a court-appointed lawyer.

Wolf ‘s decision to throw out the 1995 also ends his personal inovlvement in the prosecution of Bulger and Bulger’s confidant, Stephen “The Rifleman” Flemmi, both of whom worked as informants for the FBI while engaging in years of criminal activity, allegedly including some of the 19 murders Bulger is charged with.
“My role in this case is essentially over,’’ Wolf said from the bench.

At the courthouse today, Steven Davis, the brother of Debra Davis, one of Bulger’s 19 alleged murder victims, protested when Bulger’s brothers, John and William, were allowed into the courtroom before anyone else.

The Globe’s Maria Cramer reports that security officials tried to calm Steven Davis, who was thrown out of court proceedings against a Bulger associate in the 1990s when he lost his temper. “It’s his brother. If it was your brother, I’d let youse in, too,’’ a security official told Davis.

In the courtroom, John and William Bulger sat next to each other. James Bulger, wearing the orange uniform of a federal pretrial detainee, winked at his two brothers while waiting for the court hearing to get underway.

From the bench, Wolf said he would unseal a federal affidavit late today that outlines how the government is cracking down on leaks to reporters about what Bulger has said since he was taken into custody. The issue was raised by the defense following a Boston Sunday Globe story reporting that Bulger had told officials that he had gone to Mexico during his years on the run.

Later today, US Magistrate Judge Marianne B. Bowler is slated to hold a hearing to determine whether Bulger cannot afford a lawyer.

Peter Krupp, a provisional attorney for Bulger, argued Wednesday in court documents that prosecutors were “forum shopping’’ when, earlier this week, they moved to dismiss the racketeering charges brought against Bulger in 1995. Prosecutors want to focus instead on charges brought in 2000, which includes allegations that Bulger murdered 19 people.

Krupp argued Wednesday for pursuing both sets of charges at the same time. That would keep the indictments before Wolf, the original judge in the case. The 2000 case was assigned to a different judge.

The defense lawyer accused prosecutors of wanting to drop the 1995 charges as a way to keep the case out of Wolf’s court. He suggested prosecutors wanted to avoid Wolf because of the judge’s thorough examination more than a decade ago of the government’s scandalous dealings with Bulger.

“The government would be allowed to game the system,’’ Krupp said in the court documents. “Having encountered difficult questions from this court in lengthy hearings in the late 1990s, the government chose to have the newest allegations returned in a separate indictment, so that it might be assigned a different docket and drawn to a different judge.’’

Prosecutors responded by saying that Bulger’s call for consolidation of the cases was an attempt to delay his trial on the 19 slayings by bogging down the proceedings. They also said his lawyer lacks the authority to challenge the government’s decision to drop the 1995 case, in which the most serious charge is that Bulger extorted money from bookmakers.

Prosecutors have the support of families of Bulger’s alleged victims, including Thomas Donahue of Dorchester, whose father, Michael, was gunned down, allegedly by Bulger, in 1982. Noting Bulger’s age, Donahue said that the defense tactics could prevent Bulger from standing trial at all.

“As the government tries to push the issue, the defense is just dragging their feet,’’ Donahue said. “If this man dies, everything with him dies as well, and everything that happened to my father dies.’’

Krupp has argued that investigators seized more than $800,000 that they found in Bulger’s apartment after his arrest last week and that they have vowed to seize other assets they find, leaving him incapable of hiring his own lawyer.

But prosecutors say Bulger has the means to pay for an attorney, even if that means getting the financial support of his family, including former state Senate president William M. Bulger.

The ongoing legal wrangling that has occurred in the week following Bulger’s arrest June 22 in Santa Monica, Calif., after 16 years in hiding shows the complexities of the high-profile, high-stakes case, legal analysts say.

Prosecutors and family members of some of Bulger’s alleged victims say Krupp is doing his own “forum shopping’’ in an attempt to keep the case before Judge Wolf and trying to preserve the original charges. They say he is drawing out the legal process and delaying justice.

Ortiz said in court documents that prosecutors wanted to dismiss the older case because it is weaker. Two key witnesses have died, she said, and prosecuting the case would divert resources from the more serious case.

Responding to Krupp’s motion late yesterday, prosecutors decried “the defendant’s lack of knowledge’’ of the history of the case, saying the 2000 racketeering indictment alleges “a new enterprise and a different pattern of racketeering.’’

“In fact, the only logical explanation for the defendant’s counterintuitive strategy of opposing dismissal and requesting that he be prosecuted for additional offenses is that the defendant is engaging in forum shopping,’’ prosecutors said.

Bulger, a longtime FBI informant, fled just before Christmas 1994 after his former FBI handler, John J. Connolly Jr., warned him that he was about to be indicted. Bulger and his longtime sidekick, Stephen “the Rifleman’’ Flemmi, were indicted in January 1995, along with Francis “Cadillac Frank’’ Salemme, then boss of the New England Mafia, and four other men on racketeering and extortion charges. Bulger, Flemmi, and Salemme were accused of running illegal rackets in Greater Boston and extorting money from bookmakers.

Bulger became the target of a worldwide manhunt. Flemmi tried to get the case dismissed by revealing that he and Bulger were longtime FBI informants who provided the bureau with information about local Mafia leaders, including Salemme.

He argued that their alliance was with the FBI, not with the Mafia.

But the defense backfired. Several of Bulger’s former associates began cooperating with investigators, leading them to secret graves of homicide victims and exposing Bulger’s relationship with the FBI during a series of hearings before Wolf.

The former associates’ assistance led to the 2000 indictment, which charged Bulger and Flemmi with 19 murders. Flemmi pleaded guilty to participating in 10 of those slayings and is serving a life sentence.

The son of William O’Brien, who was gunned down on Morrissey Boulevard in March 1973, said yesterday that prosecutors and the court should focus on the 2000 case.

Billy O’Brien never got to meet his father. He was born four days after the slaying, and he said the trial could help him understand the past.

“I’m just looking for this to get going, so I can put it all behind me,’’ O’Brien said. “I’ve been looking at this for so long. He needs to answer to the 19 murders that he has coming to him. They need to get on to the stuff that really does matter to me and the other victims involved in this case.’’”

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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Terrance Clark a Pittsburgh Crips Gang Member Pleads Guilty to Racketeering Charges

June 21, 2011

The Department of Justice (DOJ) on June 21, 2011 released the following press release:

“WASHINGTON – A Pittsburgh man has pleaded guilty in federal court to charges of conspiring to conduct a racketeering enterprise related to his membership in a Pittsburgh Crips gang, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.

Terrance Clark, 22, aka “Doo Wop,” pleaded guilty yesterday before Senior U.S. District Judge Gustave Diamond to one count of conspiracy to engage in a racketeering enterprise.

According to the guilty plea, Clark and others participated in a pattern of racketeering activity that included multiple acts involving robberies at gun point; attempted murders; distribution of controlled substances, including cocaine, heroin and crack cocaine; and obstruction of justice and witness intimidation.

According to court documents, Clark was a member of the Northview Heights/ Fineview Crips, a criminal street gang operating out of the Northview Heights public housing facility in the Northside neighborhood, and in the nearby Fineview neighborhood of Pittsburgh. The gang had been operating in the Northside since 2002; in 2003, it formed an alliance with the Brighton Place Crips to expand the gang’s drug trafficking territory and increase the gang’s capability for violence.

The Brighton Place/Northview Heights Crips gang maintains exclusive control over drug trafficking in these neighborhoods through continuous violence and intimidation of rivals and witnesses. Members of the gang support each other through payment of attorneys’ fees and bonds, as well as payments to jail commissary accounts and support payments to incarcerated members’ families.

In addition, the Brighton Place/Northview Heights Crips gang maintains an ongoing feud with the Manchester Original Gangsters, a criminal street gang located in the Manchester area of the Northside Section of Pittsburgh. Brighton Place/Northview Heights Crips gang members identify themselves by wearing blue, using Crips gang hand signals, and using phrases such as “Cuz,” “C-Safe,” “Loc” and “G.K.” According to court documents, members and associates of the gang gain greater authority and prestige within the gang based upon their reputation for violence and their ability to obtain and sell a steady supply of illegal drugs.

According to court documents, Clark acted as a “hustler” or distributor of controlled substances, including heroin, cocaine and crack cocaine, for the gang. He also acted as a “soldier/ gorilla” or enforcer for the gang, providing protection for the enterprise through the commission of violent crimes. According to information presented in court, Clark and a co-conspirator were responsible for at least two armed robberies, one of which involved a carjacking. Clark was also involved in at least two instances relating to the obstruction of criminal investigations, including a homicide prosecution. In addition, in December 2007, Clark pointed a firearm at several Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents and task force officers as they drove an unmarked car through the Brighton Place neighborhood seeking to serve a subpoena on a government witness. Subsequent recorded telephone conversations from jail between Clark and his co-conspirators showed that Clark initially believed the occupants of the vehicle were members of a rival gang attempting to shoot at him and his fellow Crips members.

Clark is one of 26 defendants charged in February 2010 with being members of, and conducting racketeering activity through, the Brighton Place/Northview Heights Crips gang. This prosecution resulted from a Project Safe Neighborhoods Task Force investigation that began in 2005. To date, 16 members of the Brighton Place/ Northview Heights Crips who were charged in this indictment have pleaded guilty to racketeering charges.

Clark faces a maximum sentence of life in prison and a fine of $250,000. He is scheduled to be sentenced on Oct. 20, 2011.

This case is being prosecuted by Assistant U.S. Attorneys Charles A. Eberle and Troy Rivetti of the Western District of Pennsylvania and Trial Attorney Kevin Rosenberg of the Criminal Division’s Organized Crime and Gang Section. The case was investigated by the ATF; the City of Pittsburgh Bureau of Police; the Allegheny County, Penn., Police Department; and the Allegheny County Sheriff’s Office.”

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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