Detroit One Collaboration Leads to Indictment by a Federal Grand Jury of Two Alleged Latin Count Gang Members on Racketeering Charges

August 15, 2014

The Federal Bureau of Investigation (FBI) on August 15, 2014 released the following:

“A superseding indictment was unsealed yesterday charging Devin Dantzler, 23, of Ecorse, with using and carrying a firearm in furtherance of a crime of violence causing death and murder in aid of racketeering. Christopher Pierce, 20, of Detroit, was also charged with assault resulting in serious bodily injury in aid of racketeering announced Barbara L. McQuade.

McQuade was joined in the announcement by Paul M. Abbate, Special Agent in Charge of the FBI Detroit Field Office.

Specifically, the indictment alleges that several Latin Counts assaulted Mustafa Al-Yasiry, and Dantzler, in fact, shot and killed him at the Big Apple Market in southwest Detroit on April 18, 2014. According to the indictment, the Latin Counts gang operates in southwest Detroit and the downriver communities of Lincoln Park and Ecorse. The indictment alleges that seven defendants committed assaults, murder, selling illegal narcotics and stolen firearms, breaking and entering homes and businesses and robbery. The indictment alleges that the gang uses violence to stake out its “turf” and intimidate both rival gang members and the citizens of southwest Detroit.

Under the Detroit One Initiative, and through the lead efforts of the Detroit Police Department and the FBI Violent Crime Task Force, investigators were able to merge separate probes of various members of this organization and its activities into one encompassing investigation.

Detroit One is a collaborative effort between law enforcement and the community to reduce homicide and other violent crime in Detroit. By working collaboratively, local, state, and federal law enforcement is striving to maximize its ability to identify and arrest the persons and groups initiating the violence in Detroit.”

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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

Federal Crimes – Appeal

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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.


“Ex-agent testifies to good FBI reviews while taking Bulger bribes”

June 28, 2013

Reuters on June 28, 2013 released the following:

By Richard Valdmanis

“(Reuters) – Now retired FBI agent John Morris testified that he received excellent performance reviews from the bureau in the 1970s and 1980s while he and a colleague accepted cash bribes from members of Boston’s violent Winter Hill Gang and protected them from arrest.

In a Boston court on Friday, a lawyer for accused gang boss James “Whitey” Bulger showed Morris three of his reviews describing him as “excellent” and “exemplary” – part of his questioning aimed at undermining the credibility of FBI evidence at the murder trial of Bulger, the reputed head of Winter Hill.

Once one of the most feared men in Boston, Bulger, 83, is on trial for killing or ordering the murders of 19 people while running extortion and gambling rackets for decades. Bulger, who has pleaded not guilty to all charges, evaded capture for 16 years and now faces life imprisonment if convicted by a Boston federal jury.

“I received good reviews,” Morris said on the witness stand, as defense lawyer Henry Brennan showed him a series of documents, including one which said other FBI supervisors looked to Morris for guidance.

The trial, which began June 12, has given the jury a glimpse of an era when machine-gun toting mobsters shot associates who talked too much and buried bodies under bridges in a bloody struggle for control of the criminal underworld.

But it also has shown a dark side of the FBI during that period, when some former agents are suspected of having traded information with Bulger and his gang to help them elude arrest and murder “rats” who spoke to police.

Morris testified on Thursday that he and another ex-FBI agent John Connolly – who cultivated Bulger as an FBI informant – would sometimes invite Bulger and his associate Steven “The Rifleman” Flemmi to dinner, where they would trade information and gifts.

Connolly apparently became so rich on kickbacks that he began wearing jewelry and bought a boat and a second home on Cape Cod, Morris said, adding that he too had accepted at least $5,000 in cash directly from Bulger and provided tips.

“I felt helpless. I didn’t know what to do. I felt awful about everything,” he said.

Morris, who now works as a part-time wine consultant, was offered immunity from prosecution in late 1997 in exchange for his testimony in hearings about FBI misconduct.

“I didn’t want to carry that burden anymore,” Morris said.

Bulger cursed at Morris in court on Thursday and called him a liar as the prosecution witness described how Bulger received special treatment for being a government informant.

Bulger denies providing any information to law enforcement officials, contending that he paid them for tips, but offered none of his own.

The gangster’s story has fascinated Boston for decades and inspired the 2006 Academy Award-winning Martin Scorsese film, “The Departed,” in which Jack Nicholson played a character loosely based on Bulger.

Called “Whitey” because he once had white-blond hair, fled Boston after a 1994 tip from Connolly that authorities were preparing to arrest him.

Connolly is serving a 40-year prison term for murder and racketeering.

Bulger’s attorneys have spent much of the past few days attacking the reliability of the FBI’s 700-page informant file on him, which they contend was fabricated by Connolly to provide a cover for his frequent meetings with the gang boss.”

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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

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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.


“Feds: Bulger at center of murder, mayhem in Boston”

June 12, 2013

KSL.com on June 12, 2013 released the following press release:

By Denise Lavoie, Associated Press

“BOSTON (AP) – A federal prosecutor said in opening statements Wednesday at James “Whitey” Bulger’s racketeering trial that the reputed mobster was at the center of “murder and mayhem” in Boston for almost 30 years, while the defense attacked the credibility of the government’s star witnesses.

Prosecutor Brian Kelly told jurors that Bulger headed the violent Winter Hill Gang that “ran amok” in Boston for nearly three decades, killing 19 people, extorting millions from drug dealers and other criminals, and corrupting police and FBI agents.

“At the center of all this murder and mayhem is one man – the defendant in this case, James Bulger,” Kelly said.

Bulger’s lead attorney, J. W. Carney Jr., went after the prosecution’s star witnesses, including hit man John Martorano, who admitted killing 20 people and has agreed to testify against Bulger.

Martorano served 12 years in prison for his crimes, in what Carney called an “extraordinary benefit” for his cooperation with prosecutors.

“The federal government was so desperate to have John Martorano testify … they basically put their hands up in the air and said take anything you want,” Carney said.

Other once-loyal Bulger cohorts who will likely testify against him include Stephen “The Rifleman” Flemmi, Bulger’s former partner, and Kevin Weeks, a former Bulger lieutenant who led authorities to six bodies.

The government plans to show the jury a 700-page file they say shows that Bulger, while committing a long list of crimes, was also working as an FBI informant, providing information on the New England Mob – his gang’s main rivals – and corrupting FBI agents who ignored his crimes.

Kelly says Bulger’s gang succeeded by instilling fear in other criminals and corrupting law enforcement officials who tipped them off when they were being investigated.

“It was part of a strategy they had, and it worked for them,” Kelly said.

Carney denied that the FBI ever tipped off Bulger.

“James Bulger never ever – the evidence will show – was an informant,” Carney said.

Carney acknowledged that Bulger was involved in illegal gambling and drugs but told the jury that Bulger paid law enforcement to protect him from prosecution.

Bulger, now 83, was one of the nation’s most wanted fugitives when he fled Boston in 1994 after receiving a tip from his former FBI handler, John Connolly, that he was about to be indicted. He was finally captured in 2011 in Santa Monica, Calif., where he had been living with his longtime girlfriend in a rent-controlled apartment.

Connolly was convicted of racketeering for warning Bulger and later of second-degree murder for giving information to Bulger that led to the slaying of a Boston businessman in Miami.

Bulger’s lawyers have indicated that they will argue that Connolly fabricated informant reports in Bulger’s lengthy FBI file.

The defense may also present another side of Bulger seen by some residents of South Boston, where he was known for years as a kind of harmless tough guy who gave Thanksgiving dinners to his working-class neighbors.

Prosecutors, however, plan to call one family member of each of the 19 people prosecutors allege were killed by Bulger and his gang. Among the victims were two 26-year-old women who Bulger is accused of strangling.

The trial is expected to last three to four months.”

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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

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

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

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


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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

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

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

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


“Madoff Has Met His Match: Mortgage Fraud Crime of the Century”

October 26, 2012

Forbes on October 26, 2012 released the following:

John Wasik, Contributor

“With less than 88 years left in this century, it’s awful tough to say what the crime of this century will be.

Will it be the $60 billion Madoff Ponzi scam? The Dot-Com bubble? My candidate is a slam dunk so far: Mortgage fraud.

Mortgage fraud took place on so many levels for so many years that it eclipses Madoff by a factor of 100. That’s my humble estimate because nobody really knows how pervasive it was. Prosecutors are still issuing indictments more than six years after the real estate market peaked.

The recent $1 billion suit against Bank of America/Countrywide alleging that the bank sold defective loans to Fannie Mae and Freddie Mac is but a small piece of this unraveling series of financial flim-flams, which rival most scams because of its pervasive nature and involvement of thousands of financial institutions and intermediaries. The bank says the government’s claims are “simply false.”

Why is mortgage fraud such a Tyrannosaurus Rex in the world of scamdom? Because it combined easy money, greed and securitizing that avarice all over the world. It was based on the myth that home prices don’t decline and quick profits could be had by nearly anyone. You, too, could become an investment banker! More importantly, it may prove to be the mother of all swindles because it nearly took down the world’s largest financial system. And we’re not out of the woods yet.

We have some idea of how many mortgage crimes were out there thanks to the suspicious activity reports supplied to the FBI by banks, starting in the first quarter of 2006. These weren’t necessarily fraud cases that resulted in prosecution. In fact, very few ended up as court cases in which people went to jail, which has been a widespread problem in mortgage fraud.

Starting in 2006, the FBI got wind of some 7,500 suspicious mortgage activities. By 2008, that figure doubled and peaked in the second quarter of last year at nearly 30,000, according to the Financial Crimes Enforcement Network or FinCen. The number of fraud filings dropped 41 percent from the second quarter of last year through this year’s second quarter.

What do these numbers mean? That bankers suspected foul play in the origination or refinancing of mortgages. And these reports were the proverbial tip of the iceberg, because they only looked at the problem from one step in the process. Here’s what else was going on, although we don’t have any hard numbers:

  • Mortgage Foreclosure “Rescues.” Companies would set up shop to promise defaulting homeowners that they could halt the foreclosure process. They’d fleece the hapless homeowner for a steep fee, then move on.
  • Appraisal Scams. Individuals would hire crooked appraisers to under-appraise a home, obtain a mortgage, then sell it at a much-higher price.
  • Securitization Swindles. This may be the biggest scam of all. Junk mortgages were bundled, given the highest credit ratings, then sold to investors in vehicles like collateralized mortgage obligations. These “sub-prime loans” are still on the books of some of our largest banks, Fannie Mae and Freddie Mac.
  • Robo-Signing. Banks eager to sell loans to Wall Street hurried the process along by creating automated, illegitimate pipelines. State attorneys general settled with the banks on this issue, although no one seems to have been prosecuted for these crimes and it’s done little to stem the foreclosure wave.
  • Predatory Lending. Low-income areas were targeted by rapacious brokers and bankers to sell mortgages and home-equity loans with high rates and fees to people who couldn’t afford them.

How much did all of this cost Americans? Again, there’s no reliable estimate, but when this massive house of cards came tumbling down at the end of 2008, trillions were lost. Wall Street and AIG insurance got a $700-billion-plus bailout and American homeowners are still down some $7 trillion in terms of lost equity, according to Robert Reich, an economist and former labor secretary.

While a handful of hedge fund gurus and contrarian investors won big on betting against this mammoth mortgage swindle, “Wall Street’s excesses almost ruined the economy,” Reich said. If the Federal Reserve, U.S. Treasury, Congress, George W. Bush and President Obama hadn’t teamed up to bail out the banks, this year would’ve been worse than 1932, instead of a sluggish 2012.

And the beat goes on as prosecutors dig through layers of the mortgage fraud. Here’s just a typical sampling of some recent activity from the FBI and federal prosecutors:

“A federal indictment charged 17 defendants in Charlotte, North Carolina, and elsewhere with racketeering, investment fraud, mortgage fraud, bank bribery, and money laundering. The government alleges a criminal enterprise engaged in an extensive pattern of racketeering activities, consisting of investment fraud, mortgage fraud, bank fraud, money laundering, and distribution of illegal drugs. Members of the enterprise also bribed bank officials and committed perjury before the grand jury. The co-conspirators stole more than $27 million from more than 50 investor victims. Rather than investing victims’ money as promised, the enterprise diverted victims’ money to finance its mortgage fraud operations and to support its members’ lifestyles.”

I wouldn’t be exaggerating if I predicted that there are hundreds more mortgage frauds yet to be discovered and prosecuted. The states are finding them all the time, some four years after the collapse of Lehman Brothers.

The larger problem is that the perpetrators are still at large and the system that allowed huge derivative gambles on mortgages is still in place. The mega-banks behind this devilish casino got larger, and still need to be broken up. Fannie Mae and Freddie Mac, the two quasi-public mortgage insurers that bought warehouses of bad mortgages, are still wards of the state. And foreclosures continue to ravage communities from California to Florida.

After what will certainly be one of the closest and contentious elections in decades, Congress needs to get to work to bust up hobbled giants like Bank and America and Citigroup. Then it needs to institute the Volcker rule to isolate speculation from federally insured banking activities or bring back Glass-Steagall, which completely separated trading from regulated lending as part of New Deal reforms.

A tax on speculative trading would also reduce systemic risk. I don’t care if banks gamble on their trading desks, but they shouldn’t do it expecting a big bailout on the taxpayers’ backs.

What can you do? You can report suspicious activity to your state attorney general or the Department of Justice, through its financial crimes site stopfraud.gov. You may not help the government land a big crook — they all seem to be enjoying their fat compensation packages in the Hamptons — but you could give prosecutors a leg up on shutting down an ongoing scam.”

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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.


Plea deal may force Catherine Greig to forfeit intellectual property rights

June 7, 2012

Boston Globe on June 7, 2012 released the following:

“By Travis Andersen

Federal prosecutors are asking a judge to order Catherine Greig, the girlfriend of notorious gangster James “Whitey” Bulger, to waive the right to profit from her story, which she agreed to do in March when she pleaded guilty to helping Bulger evade capture for 16 years.

In a Wednesday filing seeking the forfeiture order on Greig’s intellectual property rights, prosecutors also noted that she agreed to waive any claim to property seized from the apartment she shared with Bulger in Santa Monica, Calif., where the couple was apprehended in June 2011.

The FBI found more than $820,000 in cash and 30 loaded guns hidden inside the walls of the apartment after authorities took Bulger and Greig into custody.

Christina Dilorio-Sterling, a spokeswoman for US Attorney Carmen M. Ortiz, said by e-mail that prosecutors did not seek a forfeiture order in Wednesday’s motion for property seized from the apartment.

Greig agreed in her plea agreement to waive any claim to “any vehicles, currency, or other personal property” seized by the government, according to court records.

Dilorio-Sterling said prosecutors are “filing the motions necessary to effectuate the agreement.”

Greig’s lawyer, Kevin J. Reddington, said Wednesday night that he had not seen the latest motion from prosecutors.

Bulger, 82, is scheduled to face trial in federal court in Boston in November on a sweeping racketeering indictment charging him the murders of 19 people.

Greig, 61, is scheduled to be sentenced on Tuesday in the same courthouse and faces up to 15 years in prison, but family members of some of Bulger’s alleged victims have said prosecutors warned them she could face as little as 32 months under federal sentencing guidelines.”

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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 – Appeal

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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.


19 indicted in alleged racketeering case targeting South San Francisco street gang Long-term probe links suspects to multiple murders, robberies, drug trafficking

May 6, 2012

U.S. Immigration and Customs Enforcement (ICE) on May 3, 2012 released the following:

“SAN FRANCISCO — Federal and local authorities announced the indictment Thursday of 19 members of a South San Francisco street gang on racketeering and other federal charges, alleging they engaged in a host of crimes, including murder, robbery and narcotics trafficking as part of a broader conspiracy to preserve the organization’s power and protect its territory from rival gangs.

Thirteen of the defendants, members and associates of the “500 Block/C Street” gang, were arrested Thursday during a multi-agency law enforcement operation. Three special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) were injured during the enforcement action. They were transported to a Bay area hospital for treatment of non-life threatening injuries.

The 13 individuals arrested Thursday, and two other defendants who were already in federal custody, are expected to make their initial appearance in federal court Friday morning. The remaining four defendants, who are currently in state custody, will be turned over to federal authorities next week to face the charges.

During a news conference Thursday afternoon, federal and local officials provided an overview of the 17-month probe and the resulting 29-count superseding indictment. The prosecution is being overseen by the U.S. Attorney’s Office for the Northern District of California.

“The charges that were unsealed today are the result of the tireless efforts of several law enforcement agencies who are working together to keep the community safe,” said U.S. Attorney Melinda Haag. “For the victims and their families, there is nothing we can do to erase their pain and sorrow. I hope, however, that these charges begin to provide some closure for them. Our thoughts and prayers are with the three Homeland Security Investigation (special) agents who were injured during this morning’s operation. My office is proud to be associated with professionals who put their lives on the line to protect others and are serious about keeping the community safe. We will continue to work with our local, state and federal law enforcement partners to help bring to justice those who terrorize their communities with violence and fear.”

The indictment, handed down April 24 and unsealed Friday, accuses the members and associates of the “500 Block/C Street” gang with conspiring to commit murder and assault in the aid of racketeering; using firearms in connection with violent crime; and obstruction of justice. Four of the defendants who are specifically charged with using a firearm in the commission of a murder could face the death penalty. Additionally, 12 of the other defendants in the case could receive up to life in prison if convicted of all of the charges lodged against them.

“Today is a welcome day for residents of South San Francisco and a very bad day for an entrenched gang based here in the Bay Area,” said Clark Settles, special agent in charge for HSI San Francisco. “This indictment and the related arrests serve as a warning to local gangs about the consequences of using violence and fear to maintain control of their turf.”

The indictment is the culmination of investigations originally initiated by the Daly City Police Department and the South San Francisco Police Department following separate shootings in those communities. The Daly City shooting occurred Dec. 18, 2010, and left three people injured. Four days later, a shooting in South San Francisco killed three individuals and wounded three others. As the probe widened, the local police departments sought the assistance and expertise of ICE HSI. The San Mateo County Sheriff’s Office also aided with the investigation. The U.S. Marshals Service provided significant assistance during Thursday’s enforcement action.

“The South San Francisco City Council extends its sincere congratulations to our Police Department, members of the U.S. Attorney’s Office, Homeland Security Investigations, the Daly City Police Department and to the members of the San Mateo County Gang Intelligence Unit for their diligent investigative efforts over the past 16 months,” said South San Francisco Mayor Richard Garbarino. “Knowing arrests have been made will hopefully start to bring a sense of closure for the families and the entire community. The City of South San Francisco will continue its commitment to strengthen our community and encourages everyone to stand together against community violence.”

The indictment alleges the “500 Block/C Street” gang constituted a racketeering enterprise and that the defendants conspired to engage in narcotics trafficking, extortion, robbery and murder to further the aims of the organization. The indictment further states that while the “500 Block/C Street” was a Norteño gang, the organization warred not only with Sureño gangs, but also with rival Norteño cliques. Below are the 16 defendants charged as part of the racketeering conspiracy and the maximum penalties they face:

  • Joseph “Little Vicious” Ortiz, 22, of South San Francisco, possible death penalty;
  • Victor “Little Creeper” Flores, 20, of Petaluma; possible death penalty;
  • Justin “Teddy” Whipple, 19, of San Bruno, possible death penalty;
  • Benjamin “BG” Campos-Gonzalez, 21, of San Mateo, possible death penalty;
  • Michael “Vicious” Ortiz, Jr., 25, of San Bruno, life in prison;
  • Michael “Blackie” Ortiz, Sr., 48, of San Bruno, life in prison;
  • Armando “Savage” Acosta, 27, of Pacifica, life in prison;
  • Giovanni “Gio” Rimando Ascencio, 22, of South San Francisco, life in prison;
  • Raymond “Tear Drop” Hembry, 33, of South San Francisco, life in prison;
  • James “Pimpy” Hembry, 31, of Daly City, life in prison;
  • Richard “Maniac” Martinez, 25, of Hayward, life in prison;
  • Rodrigo “Ayo” Aguayo, 23, of San Mateo, life in prison;
  • Gregorio “Rhino” Guzman, 38, of San Mateo, life in prison;
  • Mario “Fat Boy” Bergren, 23, of South San Francisco, life in prison;
  • Andrew “Andy” Bryant, 29, of Daly City, life in prison; and
  • Peter “P-Nasty” Davis, 26, of San Francisco, life in prison.

The indictment also charges four of the above defendants – Joseph Ortiz, Victor Flores, Justin Whipple and Benjamin Campos-Gonzalez – with three counts of murder in aid of racketeering; four counts of attempted murder in aid of racketeering; and related firearms offenses stemming from their alleged role in the fatal South San Francisco shooting. Additionally, Joseph Ortiz is charged with four other attempted murders in aid of racketeering and a related firearms offense arising from the Daly City shooting.

The indictment details the defendants’ involvement in the gang and the organization’s current leadership structure. It alleges that Joseph Ortiz, one of the ranking members of the 500 Block clique, initially joined the gang when he was approximately 11 years old. According to the indictment, in 2011 Raymond Hembry took over as the leader of the C Street clique of the merged gang and Giovanni Ascencio assumed control over the 500 Block side of the organization.

The three defendants in the case who are not facing racketeering charges are accused of being accessories after the fact to the South San Francisco murders and attempted murders. They are:

  • Louis Rodriguez, 30, of Milbrae, 60 years in prison;
  • Tanya “La China” Rodriguez, 45, of San Bruno, 40 years in prison; and
  • Betty Ortiz, 49, of San Bruno, 40 years in prison.

Specifically, these defendants are charged with various obstruction-related offenses for their alleged efforts to hinder the investigation into “Eighth Lane” shootings. According to the court document, their actions included washing and concealing weapons used in the murders; questioning a perspective witnesses and transporting that person from northern California to Mexico; and wiring money to Mexico.

The case is being prosecuted by Assistant U.S. Attorneys Acadia L. Senese and W.S. Wilson Leung, with support from paralegal Kevin Costello and legal technician Daniel Charlier-Smith.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

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

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

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