“Oregon Man Indicted for Alleged Role in $50 Million Securities Fraud Scheme”

May 16, 2013

The U.S. Department of Justice Office of Public Affairs on May 16, 2013 released the following:

“An Oregon man has been charged with allegedly orchestrating a $50 million securities fraud scheme, announced Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Laura E. Duffy of the Southern District of California.

Bradley Holcom, 55, of Canby, Ore., was arrested Tuesday following his indictment in U.S. District Court for the Southern District of California. The indictment, which was filed on May 9, 2013, and unsealed late yesterday, charges Holcom with eight counts of mail fraud, four counts of wire fraud and one count of securities fraud.

According to the indictment, Holcom made false statements to investors in connection with the sale of approximately $50 million worth of promissory notes that he sold to more than 150 investors located throughout the United States from at least 2004 through 2010. The indictment alleges that Holcom solicited investors to provide funds for the development of raw land for commercial and residential purposes through an investment program he operated called the Trust Deed Investment Program. Holcom allegedly falsely told investors who purchased notes through the Trust Deed Investment Program that they would receive a lien on a specific piece of property he was developing and that the lien would be in first position, which would allow investors to directly foreclose on the underlying development property if Holcom was unable to repay the principal due under the notes.

Despite his statements to investors, Holcom allegedly never provided investors with a lien on the property he was purportedly developing and instead conveyed to investors a lesser interest that did not allow investors to directly foreclose on the property to protect their investment. In addition, the indictment alleges that while Holcom promised investors that their purported lien would be in first position, Holcom solicited investments for properties that he knew were already encumbered by first position liens.

According to the indictment, Holcom also allegedly sold properties that were supposedly serving as the security for investors without informing investors that the property they had financed for development was gone.

The indictment alleges that by approximately 2008, Holcom’s financial condition had seriously deteriorated, but he continued to solicit investors for new funds by making misrepresentations about his true financial condition and the manner in which he was using investor money.

The maximum penalty for each wire fraud and mail fraud count is 20 years in prison. The count of securities fraud carries a maximum penalty of 25 years in prison.

The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

This case was brought in connection with the President’s Financial Fraud Enforcement Task Force. The task force was established to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. attorneys’ offices and state and local partners, it’s the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since its formation, the task force has made great strides in facilitating increased investigation and prosecution of financial crimes; enhancing coordination and cooperation among federal, state and local authorities; addressing discrimination in the lending and financial markets and conducting outreach to the public, victims, financial institutions and other organizations. Over the past three fiscal years, the Justice Department has filed nearly 10,000 financial fraud cases against nearly 15,000 defendants including more than 2,900 mortgage fraud defendants. For more information on the task force, please visit http://www.StopFraud.gov .

This case was investigated by the FBI’s Phoenix Division – Yuma Resident Agency. The case is being prosecuted by Trial Attorney Henry P. Van Dyck and Deputy Chief Daniel Braun of the Criminal Division’s Fraud Section, and by Assistant U.S. Attorney Stephen Clark of the U.S. Attorney’s Office for the Southern District of California. The department recognizes the substantial assistance of the U.S. Securities and Exchange Commission.”

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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.


Five Individuals Charged in Alleged Connection with Death of a Customs and Border Protection Border Patrol Agent; $1 Million FBI Reward Announced

July 9, 2012

The Federal Bureau of Investigation (FBI) on July 9, 2012 released the following:

Individuals Charged Are Allegedly Responsible for Death of Agent Brian Terry

TUCSON, AZ— The indictment charging five individuals involved in the death of United States Border Patrol Agent Brian Terry was unsealed today in Tucson, Arizona, and a reward of up to $1 million for information leading to the arrest of four fugitives was announced by Department of Justice officials.

According to the indictment, Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes, and Lionel Portillo-Meza are charged with crimes including first-degree murder, second-degree murder, conspiracy to interfere with commerce by robbery, attempted interference with commerce by robbery, use and carrying a firearm during a crime of violence, assault on a federal officer, and possession of a firearm by a prohibited person. A sixth defendant, Rito Osorio-Arellanes, is charged only with conspiracy to interfere with commerce by robbery.

The 11-count third superseding indictment (Case Number: CR-11-0150-TUC-DCB-BPV), which was handed up by a federal grand jury in the District of Arizona on November 7, 2011, alleges that on December 14, 2010, five of the defendants (Manuel Osorio-Arellanes, Jesus Rosario Favela-Astorga, Ivan Soto-Barraza, Heraclio Osorio-Arellanes, and Lionel Portillo-Meza) engaged in a firefight with Border Patrol agents. During the exchange of gunfire, Agent Terry was shot and killed. The indictment alleges that the defendants had illegally entered the United States from Mexico for the purpose of robbing drug traffickers of their contraband. In addition to the murder of Agent Terry, the indictment also alleges that the five defendants assaulted Border Patrol Agents William Castano, Gabriel Fragoza, and Timothy Keller, who were with Agent Terry during the firefight.

United States Attorney Laura E. Duffy said, “Agent Terry died in the line of duty while protecting his country. But he was more than a federal agent—he was a son, a brother, a co-worker, and a friend to many. The indictment unsealed today reflects the progress our dedicated law enforcement team has made piecing together this complex murder case. But there is more work to be done and we will not rest until we bring justice to the family of Brian Terry.”

“United States Border Patrol Agent Brian Terry made the ultimate sacrifice in December of 2010, while protecting our border,” stated James L. Turgal Jr., FBI Special Agent in Charge, Phoenix Division. “Today’s announcement is an important step forward in the pursuit of justice for Border Patrol Agent Terry and his family. It is our hope that the publicity surrounding this case will lead to information concerning the whereabouts of the remaining four fugitives. The FBI and our law enforcement partners will continue to pursue those individuals responsible for the murder of Border Patrol Agent Brian Terry.”

Manuel Osorio-Arellanes has been in custody since his arrest the night of the shooting. Rito Osorio-Arellanes has been in custody since December 12, 2010, when he was arrested by Border Patrol agents on immigration charges. The indictment is being unsealed today in order to seek the public’s assistance in locating the fugitive defendants.

This case is being prosecuted in federal court in Tucson by attorneys from the Southern District of California, Special Attorneys Todd W. Robinson, David D. Leshner, and Fred A. Sheppard. The U.S. Attorney’s Office for the District of Arizona is recused. This case is being investigated by the Federal Bureau of Investigation.

An indictment is a formal charging document and defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.

Wanted Posters
Ivan Soto-Barraza
Heraclio Osorio-Arellanes
Jesus Rosario Favela-Astorga
Lionel Portillo-Meza”

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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 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.


119 Individuals Charged in Three Countywide Law Enforcement Operations

January 26, 2012

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

“Two Mexican Mafia Members and 117 San Diego County, California Street Gang Members and Associates with Ties to the Mexican Mafia Charged with Racketeering Conspiracy, Drug Trafficking Violations, and Firearms Offenses

119 Individuals Charged in Three Countywide Law Enforcement Operations

SAN DIEGO—A federal grand jury in San Diego has handed up 17 indictments and the U.S. Attorney’s Office for the Southern District of California has filed eight criminal complaints charging a total of 119 defendants with federal racketeering conspiracy, drug trafficking violations, and federal firearm offenses, announced U.S. Attorney for the Southern District of California Laura E. Duffy.

U.S. Attorney Duffy said, “The cases unsealed today make communities stronger and safer. The United States Attorney’s Office is committed to an anti-gang, anti-violence strategy built on close coordination between federal, state and local officials. This coordination provides better intelligence about street gangs and violent crime within our communities. And better intelligence means better law enforcement and prosecutions.”

FBI Special Agent in Charge Keith Slotter commented, “Today’s arrests mark one of the largest single takedowns in San Diego FBI history. The FBI and our law enforcement partners stand unified in our efforts to protect this county from the violence, drug trafficking and extortion schemes employed by the Mexican Mafia and its affiliates. San Diego is inherently safer today because of the cooperation between our agencies working together to disrupt and dismantle the criminal activities of these dangerous individuals.”

“This is a traditional case of dishonor amongst thieves,” commented San Diego County Sheriff Bill Gore. “Gangs were made to pay ‘taxes’ in order to facilitate their trafficking and violent behavior. We answered with a one-two punch: a strong and experienced multi-agency investigation, armed with the RICO statute. The results speak for themselves.”

The charges stem from three investigations entitled, “Operation Notorious County,” “Operation Carnalismo,” and “Operation 12-Step.”

“Operation Notorious County”

The indictments are the result of an 18-month-long investigation entitled, “Operation Notorious County,” led by the North County Regional Gang Task force. Eight indictments charging 51 individuals, including one charging 40 defendants with participating in a federal Racketeer Influenced and Corrupt Organization (RICO) conspiracy were unsealed today. All five indictments were handed up by a federal grand jury sitting in San Diego on Jan. 19, 2012. The RICO conspiracy alleged in the indictment involves the commission of both state and federal crimes, including attempted murder, kidnapping, robbery, extortion, money laundering, and drug trafficking violations. As set forth in the indictment, the defendants are members, associates and facilitators of violent street gangs operating primarily in north San Diego County under the auspices of the Mexican Mafia or “La Eme.” The gangs named in the indictment include the Diablos and West Side gangs, based in Escondido, Calif., as well as the Varrio San Marcos and the Varrio Fallbrook Locos. The individuals named in the indictment were involved in a long-standing criminal enterprise used to extort money by threat or violence. The money was then sent on to high-ranking members of the Mexican Mafia, including defendant Rudy Espudo. The indictment alleges that Espudo is a validated member of the Mexican Mafia who oversees their activities throughout much of northern San Diego County.

“Operation Carnalismo”

In “Operation Carnalismo,” led by the Violent Crime Task Force-Gang Group, a group of federal, state, and local law enforcement agents led by the FBI, five indictments charging 36 individuals were unsealed today. Eight defendants are charged in one indictment with a conspiracy to conduct enterprise affairs through a pattern of racketeering activity (RICO), violent crime in aid of racketeering (VCAR), distribution and conspiracy to distribute methamphetamine and heroin and criminal forfeiture. Four additional indictments, charging 28 defendants were also unsealed. These related indictments charge distribution and conspiracy to distribute methamphetamine and criminal forfeiture. All five indictments were handed up by a federal grand jury sitting in San Diego on Jan. 24, 2012, and unsealed today. The RICO indictment charges the criminal enterprise was run by Mexican Mafia member Salvador Colabella. Colabella and his associates conspired to distribute methamphetamine and heroin, extorted and robbed others, and laundered drug-trafficking proceeds. Colabella and his associates collected the extortion payments through the threat of violence and the commission of violence. According to the indictment, the Mexican Mafia has about 200 members, but its reach extends to thousands of Hispanic street-gang members in Southern California. A Mexican Mafia member is the highest level one can attain in the Mexican Mafia. A member, also called “Brother” or “Carnal” or “Tio,” controls, exploits and profits from the criminal activity conducted by street-gang members and others. This control over the criminal activity is enforced through acts of violence or the threat of violence.

“Operation 12-Step”

This year-long investigation, known as “Operation 12-Step,” was led by the East County Regional Gang Task Force, a group of federal and state law enforcement led by the FBI and the San Diego County Sheriff’s Department. Operation 12-Step focused on gang-related methamphetamine distribution activities in San Diego County. Today four indictments and eight complaints were unsealed charging 32 individuals with conspiracy to distribute methamphetamine. According to court records, individuals charged in this investigation belong to nine different criminal street gangs including Varrio Chula Vista, East Side Piru, Old Town National City, Shelltown, National City Locos, Imperial Beach Imperials, Paradise Hills, Varrio Encanto Locos and National City Block Boys. Between Feb. 22, 2011, and Dec. 13, 2011, law enforcement made more than 20 methamphetamine and heroin seizures in connection with this investigation. In addition, search warrants were executed at eight residences in San Diego; Spring Valley, Calif.; National City, Calif.; Imperial Beach, Calif.; and Chula Vista, Calif..

U.S. Attorney Duffy praised the coordinated effort of the law enforcement agencies of the Violent Crimes Task Force-Gang Group, the East County and North County Regional Gang Task Forces under the Organized Crime Drug Enforcement Task Force (OCDETF) for the coordinated team effort culminating in the charges filed in these cases. The OCDETF program was created to consolidate and utilize all law enforcement resources in this country’s battle against major drug trafficking.

The cases are being investigated by the FBI, the San Diego County Sheriff’s Department; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the National City, Calif., Police Department; the San Diego Police Department; the Escondido, Calif., Police Department; the Carlsbad, Calif., Police Department; the U.S. Marshals Service; the La Mesa, Calif., Police Department; the El Cajon, Calif., Police Department; the San Diego County District Attorney’s Office; the U.S. Bureau of Prisons; the California Department of Corrections and Rehabilitation; the San Diego County Probation Department; Immigration and Customs Enforcement’s Homeland Security Investigations; Internal Revenue Service-Criminal Investigations; and Customs and Border Protection-United States Border Patrol.

The cases are being prosecuted in San Diego federal court by Assistant U.S. Attorneys Peter Mazza, Jaime Parks, Fred Sheppard and Tara McGrath.

An indictment or a complaint are not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the government meets its burden in court of proving guilt beyond a reasonable doubt.”

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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 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.


William H. Noble Indicted by a Massachusetts Federal Grand Jury for Allegedly Transporting Child Pornography and Possessing Child Pornography

August 25, 2011

The Federal Bureau of Investigation (FBI) on August 24, 2011 released the following:

“Massachusetts Man Arrested and Charged in Child Pornography Case

WASHINGTON—A Lowell, Massachusetts man charged with transportation and possession of child pornography made his initial appearance today in U.S. District Court in Boston, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division, U.S. Attorney Carmen M. Ortiz of the District of Massachusetts, and Special Agent in Charge Richard DesLauriers of the FBI Boston Division.

William H. Noble, 46, of Lowell, was charged in an indictment unsealed yesterday with one count of transportation of child pornography and one count of possession of child pornography. Noble was arrested yesterday in the District of Massachusetts.

According to the indictment, in April 2009, Noble allegedly transported visual depictions of minors engaging in sexually explicit conduct. The indictment also alleges that Noble possessed additional images of child pornography.

In a separate indictment unsealed in the District of Massachusetts on Aug. 17, 2011, Steven Saunders, 28, was charged with one count of possession of child pornography. Saunders, a current resident of Chula Vista, Calif., and a former resident of Groton, Mass., was arrested on Aug. 17, 2011, in the Southern District of California. According to the indictment, on April 15, 2009, Saunders allegedly possessed visual depictions of minors engaging in sexually explicit conduct.

The maximum sentence for each count of possession of child pornography is 10 years in prison, lifetime supervised release and a $250,000 fine. The maximum sentence for each count of transportation of child pornography is 20 years in prison, lifetime supervised release and a $250,000 fine.

These cases are being prosecuted by Trial Attorney Thomas Franzinger of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorney Michael I. Yoon of District of Massachusetts Major Crimes Unit. The cases are being investigated by the FBI. The Groton Police Department is also investigating the case against Noble.

These cases were brought as part of Project Safe Childhood. In February 2006, the Department of Justice created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov/.”

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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