“Jury hearing ‘Whitey’ Bulger trial reaches verdict: prosecutors”

August 12, 2013

Reuters on August 12, 2013 released the following:

“(Reuters) – The jury hearing the racketeering and murder trial of former mob boss James “Whitey” Bulger reached a verdict on Monday, the U.S. Attorney’s Office in Boston said.

Bulger, 83, is on trial for charges including 19 murders he is accused of committing or ordering in the 1970s and 1980s while running the Winter Hill crime gang. The verdict is due to be read at U.S. District Court in Boston later on Monday.”

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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.


Bulger’s lawyers due in federal court on trial prep

October 22, 2012

7News whdh.com on October 22, 2012 released the following:

“BOSTON (AP) — Mobster James “Whitey” Bulger’s lawyers will be returning to federal court in Boston to give a judge a status report on preparation for his March trial.

The former leader of the Winter Hill Gang is accused of participating in 19 murders. He fled Boston in 1994 and remained one of the FBI’s most wanted fugitives until his capture in Santa Monica, Calif., last year.

Bulger’s lawyers have repeatedly complained that they won’t have enough time to prepare for trial, given that prosecutors have turned over more than 300,000 documents.

Bulger lawyer J.W. Carney Jr. has said that Bulger will testify about his claim that he was given immunity to commit crimes while he was an informant.

A status conference is scheduled Monday in U.S. District Court.”

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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

————————————————————–

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.


Bulger plans to take the stand

August 7, 2012

The Boston Globe on August 7, 2012 released the following:

“He would detail an immunity deal

By Milton J. Valencia
Globe Staff

James “Whitey” Bulger, once America’s most wanted criminal, will for the first time ­address the charges against him, taking the stand in his own defense in hope of convincing a jury that federal officials once granted him immunity for his many crimes, his lawyer said Monday.

J.W. Carney Jr. announced that plan during a hearing in US District Court in Boston. He said Bulger wants to provide a firsthand account of his relationship with the FBI and the deal he had for working secretly as a government informant.

“He is going to tell the truth, if the judge permits him to,” Carney later told reporters outside the federal courthouse.

Bulger’s testimony could further shed light on one of the darkest eras of the FBI, as the gangster would probably describe the crimes he committed, what the FBI knew of them, and whether he received promises for his cooperation, providing a firsthand, real-life account of the type of underworld events that have become the fodder of books and movies.

Carney said that Bulger, a ­fugitive for more than 16 years until his arrest in June 2011, wants to tell his story directly to jurors at his trial, scheduled for March, rather than bring it ­before US District Court Judge Richard Stearns, who is presiding over the case.

Bulger’s lead attorney has questioned whether Stearns, who was head of the criminal division in the US attorney’s ­office in Boston during part of the time Bulger allegedly committed his crimes, would be able to look at the immunity claim impartially.

“Our client believes that he will get fairer consideration on the issue of immunity from a jury than he will from the person who was the head of the criminal bureau of the United States attorney’s office,” Carney said, adding, “I expect that he will get a fair jury and trust that they will see the truth.”

Bulger, a notorious gangster in Boston, had been secretly working as an FBI informant while allegedly carrying out his crimes. He fled shortly before a federal indictment of him came down in January 1995, after ­being tipped off by his corrupt FBI handler, John Connolly, who is now in prison for his role in a murder linked to Bulger.

Later, hearings in US District Court in Boston exposed Bulger’s inappropriate relationship with the FBI, and he was eventually charged with participating in 19 murders. He was discovered and arrested in ­Santa Monica, Calif. in a rent-controlled apartment he had been sharing with his girlfriend, Catherine Greig, since 1996.

Family members of some of Bulger’s alleged victims said outside the courthouse Monday that Carney is getting desperate in his representation of the ­notorious gangster, and they questioned how Bulger could believe he had a “license to kill.”

But they also said they look forward to his testimony.

“I want to hear what he has to say,” said Patricia Donahue, whose husband, Michael, was an innocent bystander allegedly gunned down by Bulger in 1982 while giving a friend a ride home.

Whether Bulger will be able to raise an immunity defense before jurors remains an open question, according to legal ­analysts. The courts have established, in the case of Bulger’s longtime cohort, Stephen “The Rifleman” Flemmi, that a ­defendant cannot claim immunity offered by a rogue FBI agent.

US District Court Judge Mark L. Wolf made that ruling, which was upheld by the US Court of Appeals for the First Circuit, when Flemmi said he and Bulger were granted ­immunity for passing along information incriminating the Mafia.

But Carney has said that Bulger’s deal was different: The 82-year-old gangster asserts the immunity was granted not by the FBI, but from within the US Department of Justice, which has the authority to make ­immunity agreements.

Carney would not identify the law enforcement official he said granted Bulger’s immunity, saying he will do that at trial. But he has indicated in court ­records that he plans to call as witnesses some of the former law enforcement officials who held leadership positions in the US attorney’s office, such as Stearns and William F. Weld, former governor, who was also a US attorney during a part of the time Bulger allegedly committed his crimes.

Carney also said he would introduce evidence that would impeach the credibility of past statements by former and ­deceased law enforcement officials, such as former US attorney Jeremiah O’Sullivan.

O’Sullivan was the US attorney who decided against indicting Bulger and Flemmi in a historic horse race-fixing scheme, though about 20 other gangsters, including associates in their Winter Hill gang, were charged and received lengthy prison sentences.

A.J. Manieri, a Providence-based criminal defense lawyer who has followed the Bulger case and others in organized crime, said the assertion of ­immunity seems to be a question of law that Stearns might have to decide before it reaches jurors. Prosecutors will probably argue that Bulger had no deal of immunity for crimes such as murder, and jurors should not be exposed to the assertion. Manieri said that the judge could exclude testimony that would not be relevant to the charges.

But he also said that Carney will want to show that the agreement came not from a rogue FBI agent, but from within the leadership of the Department of Justice. He said Carney could be successful just in having Stearns take up the legal ­issue because it would settle the question of law. “It’s going to be a bloodbath in there,” he said.”

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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

————————————————————–

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.


Members of Alleged Asian Organized Crime Organization Appear in Federal Court Today

July 12, 2011

The U.S. Attorney’s Office District of Massachusetts on July 12, 2011 released the following:

“Detention Hearing Scheduled for Five Defendants Today at Noon

BOSTON, Mass. – Five federal defendants are scheduled to appear in U.S. District Court in Boston today, following a multi-year federal investigation into their roles in illegal activity in Chinatown and elsewhere. A total of 26 individuals from Massachusetts, Florida and Rhode Island have been indicted in connection with the alleged organized crime conspiracy.

According to court filings, the FBI’s Organized Crime Task Force led a long-term investigation into drug-trafficking, illegal gambling, extortion, prostitution, and other criminal activity in the Chinatown area of Boston and elsewhere. The investigation included court-authorized wire surveillance of cellular telephones for seven months, including the cell phones of five of the defendants. The investigation to date has resulted in the seizure of more than $340,000, thirteen firearms and approximately 12,000 pills of suspected oxycodone. Investigators also uncovered extensive evidence of illegal gambling and prostitution, and the use of extortionate threats to collect loans to gamblers and others.

“Organized crime can paralyze or seriously disrupt small communities, particularly close-knit neighborhoods like Chinatown,” said U.S. Attorney Carmen M. Ortiz. “This criminal organization is alleged to have trafficked large amounts of drugs, threatened and beat up individuals who failed to pay off large illegal debts, and moved women around the country to work in their brothels.”

“We encourage the victims of these alleged crimes to contact us to assist in protecting the community and prosecuting those responsible,” added U.S. Attorney Ortiz. “We are very fortunate in Massachusetts to have dedicated prosecutors, agents and local law enforcement who challenge themselves and creatively leverage resources to work these multi-faceted complex investigations.”

Richard DesLauriers, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division, said, “The indictments and arrests stemming from this operation send a clear message to those involved in organized crime organizations everywhere: The FBI and its law enforcement partners will pursue those who engage in drug dealing, illegal gambling, extortion and exploitation of women regardless of the geographic boundaries.”

SAC DesLauriers added, “In this case, law enforcement’s jurisdictional reach and investigative tenacity culminated in the arrest of multiple individuals. The methodical nature and duration of this investigation reflects our collective dedicated effort to secure justice for the victims. Organized crime groups are emerging from every corner of the globe. Through our task-force and intelligence based model, we will use every tool at our disposal to disrupt and dismantle organized criminal enterprises.”

In late May, 13 men and women were charged in the first of three indictments with conspiracy to distribute and possession with intent to distribute oxycodone, marijuana and human growth hormone in the Massachusetts, Florida, South Carolina, and elsewhere. According to an affidavit filed in connection with detention proceedings, John Willis, 40, of Dorchester, also known as “Bac Guai John” (“White Devil John”), the leader of this drug-trafficking conspiracy, has a long history of involvement in Asian organized crime.

The following were also charged in the drug-trafficking conspiracy with Willis: Brant Welty, 39, Kevin Baranowski, 41, and Bridget Welty, 38, all of Boston; Vincent Alberico, 29, of Centerville, Mass.; Peter Melendez, 50, of Sunrise, Florida; Aibun Eng, 38,and Steven Le, 21, both of Quincy; Brian Bowes, 42, and Michael Clemente, 29, both of Sunrise, Florida; Michael Shaw, 39, of Wilton Manors, Florida; Mark Thompson, 28, of Davie, Florida; and Anevay Duffy, 25, of Cumberland, Rhode Island. Alberico is also charged with assaulting a federal official who was performing his official duties.

With the exception of Melendez, the defendants in this matter have been arrested. Willis, Le, and Alberico have been detained pending trial. Brant Welty remains in custody pending the court’s decision on the government’s motion for detention and Baranowski remains in custody pending a detention hearing on July 14. Alberico is in state custody.

If convicted on these charges, Willis and Baranowski face up to 30 years in federal prison. Each of the remaining defendants faces up to 20 years in federal prison to be followed by up to a life term of supervised release, and $1 million fine. In addition, Alberico also faces up to eight years in federal prison to be followed by up to three years of supervised release, and a $250,000 fine for the assault charge.

On June 30, 13 additional defendants were charged in two separate indictments. One of the indictments charged Minh Cam Luong, 46, Vapeng Joe, 44, Hin Pau, 45, Judy Huyen Truong, 41, and Hui Zhou, 24, all of Quincy; Jian Ming Chen, 38, of Brighton; Elburke Lamson, 47, of Chelsea; Tan Ngo, 54, of Waltham; Songzeng Cao, 28, of Malden; and Yao Zheng Cao, 23, of Somerville, for operating an illegal gambling business since January 2010. That business has been based, since November 2010, at a illegal gambling den at 17-23 Beach Street in Chinatown. Luong, Pau, Songzeng Cao, Yao Zheng Cao and Zhou were also charged with using extortionate means, including threats or actual use of violence, to collect debts, including debts owed to the illegal gambling business. With the exception of Lamson and Truong, all defendants are currently in custody pending detention hearings. Five defendants are expected to have detention hearings today at noon.

According to a court filing, Luong and Ngo were both members of Chinatown’s Ping On Gang in the late 1980s and early 1990s, when the Gang was vying for control of crime in Chinatown. Both were convicted on federal charges including heroin trafficking, and both have served sentences in federal prison.

If convicted on these charges, each of the defendants faces up to five years in federal prison to be followed by up to three years of supervised release, and a $250,000 fine on the illegal gambling business charge. Luong, Pau, Cao, Cao, and Zhou also face up to 20 years in federal prison to be followed by up to three years of supervised release, and a $250,000 fine for each count of using extortionate means to collect extensions of credit.

Lastly, Wei Xing Chen, 50, of Cambridge, and Yue Q. He, age unknown, of Boston, were charged in an indictment with conspiracy to possess with the intent to distribute 3,4-methylenedioxymethamphetamine and 1-benzylpiperazine, both also known as ecstasy, and possession with intent to distribute 1-benzylpiperazine. In addition, Chen, He and Xiaohong Xue, 41, also of Cambridge, were charged in the same indictment with conspiring to induce travel to engage in prostitution. Chen, who operated brothels in Cambridge and Boston, is currently in custody. Arrest warrants have been issued for He and Xue.

If convicted on the drug charges, Chen and He face up to 20 years in federal prison to be followed by at least three years of supervised release, and a $1 million fine on each count. In addition, if convicted of prostitution conspiracy, each of the defendants faces up to five years in federal prison to be followed by up to three years of supervised release, and a $250,000 fine.

According to the affidavit, Willis and several of his co-defendants frequented Chen’s brothels and Luong’s gambling den. Employees of Luong’s gambling business frequented Chen’s brothels. Some of Luong’s employees, including Joe, associated with Willis.

U.S. Attorney Ortiz; FBI SAC DesLauriers; William P. Offord; Special Agent in Charge of Internal Revenue Service, Criminal Investigation, Boston Field Division; Bruce Foucart, Special Agent in Charge of Immigration and Custom Enforcement’s Homeland Security Investigations in Boston; and Boston Police Commissioner Edward Davis made the announcement today.

The cases were investigated by the FBI, IRS Criminal Investigation, DEA, ICE Homeland Security Investigations, Massachusetts State Police, Massachusetts Department of Correction, and Quincy, Cambridge, Medford, Boston and New York City Police Departments. Assistance was also received from the Broward County (Fla..) Sheriff’s Office and the Ridgeland and Dillon Police Departments in South Carolina. The case is being prosecuted by Assistant U.S. Attorneys Timothy E. Moran and Richard L. Hoffman of Ortiz’s Strike Force Unit.

The details contained in the indictments are allegations. The defendants are presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”

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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