FBI: “Former Executive at First Command Financial Services Pleads Guilty”

August 26, 2014

The Federal Bureau of Investigation (FBI) on August 25, 2014 released the following:

“FORT WORTH, TX—A former executive at First Command Financial Services, an investment advisor and financial planning firm located in Fort Worth, Texas, pleaded guilty this morning before U.S. District Judge Reed C. O’Connor to a felony offense stemming from a fraud scheme she ran while employed there, announced U.S. Attorney Sarah R. Saldaña of the Northern District of Texas.

Redonda Russell, 66, of Fort Worth, pleaded guilty to a felony Information charging one count of wire fraud. She faces a maximum statutory penalty of 20 years in federal prison, a $250,000 fine, and restitution. She will remain on bond pending sentencing, which is set for December 8, 2014.

Russell worked for First Command for 22 years, before leaving the company in the spring of 2013. She is a registered Investment Advisory Representative and Broker-Dealer Agent. She is able to buy and sell securities, and she is authorized to give investment advice to clients. She is a Chartered Financial Consultant (ChFC), a designation she earned by completing a comprehensive course of financial education, examinations, and practical experience. Through First Command’s client database, Russell had access to clients’ personal identifying information (PII), investment/insurance account numbers, and balances for the account holder and beneficiaries.

According to plea documents filed in the case, beginning on approximately April 3, 2012, and continuing through April 18, 2013, Russell obtained PII for at least 18 First Command clients, eight of whom were deceased. Russell admitted using that information to forge, or otherwise present claims as the account holder, beneficiary, or legal representative of the account holder/beneficiary, to First Command’s affiliated investment and insurance partners to liquidate the targeted accounts.

Russell admitted that part of her scheme was to steal funds from inactive clients’ accounts, thus making the fraud harder to detect. She also targeted accounts that were maintained by First Command’s business partners that were part of an industry-standard, paperless signature program that eliminated the need for the verifying entity to send additional substantiating paperwork to the receiver. After Russell altered ownership/control of the targeted customers’ accounts, Russell sent a policy cancellation/disbursement form and W-9 tax withholding form and instructed the affiliated partner to either liquidate or take a loan against the targeted accounts.

Funds were subsequently wired into one of Russell’s 12 bank accounts or, if checks were mailed, Russell would endorse and deposit them. Checks were endorsed by Russell, Russell signing as her husband, Russell signing as her daughter-in-law, or an amalgam of signatures she used to perpetuate the scheme usually having the surname “Russell.”

Russell’s scheme resulted in the liquidation of more than $316,000 from First Command’s clients’ accounts.

The FBI investigated the case; Assistant U.S. Attorney Nancy Larson is in charge of the prosecution.”

More Information on Federal Wire Fraud Statutes, Jury Instructions, and Crimes
Federal Wire Fraud Crimes – 18 U.S.C. § 1343

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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.


“Inmate Charged in Murder-for-Hire Plot Against Federal Judge”

May 16, 2013

The Federal Bureau of Investigation (FBI) on May 15, 2013 released the following:

“FORT WORTH, TX— Phillip Monroe Ballard, 71, has been charged with murder for hire, United States Attorney Kenneth Magidson of the Southern District of Texas announced today.

The indictment, returned just a short time ago, alleges Ballard solicited the murder for hire of a U.S. District Judge in the Northern District of Texas.

Ballard, currently in federal custody on unrelated charges in the Northern District of Texas, will remain in custody pending further criminal proceedings in this case. He is expected to appear before a U.S. Magistrate Judge in Fort Worth in the near future.

If convicted, Ballard faces up to 20 years in prison and a $250,000 fine.

The case is being investigated by the FBI. Assistant U.S. Attorneys Mark McIntyre and Craig Feazel are prosecuting the case.

An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.”

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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.


Thirteen Individuals Indicted in an Alleged Health Care Fraud and Drug Distribution Scheme

March 20, 2013

The Federal Bureau of Investigation (FBI) on March 19, 2013 released the following:

“Five Doctors, Four Pharmacists, and Home Health Agency Owner Among Those Indicted in Follow-Up to the Babubhai Patel Case

Thirteen individuals have been charged in a large-scale health care fraud and drug distribution scheme, United States Attorney Barbara L. McQuade announced today.

McQuade was joined in the announcement by Special Agent in Charge Robert L. Corso of the Drug Enforcement Administration, Special Agent in Charge Robert D. Foley, III of the Federal Bureau of Investigation, and Lamont Pugh, Special Agent in Charge of the Inspector General of the Department of Health and Human Services.

The superseding indictment, unsealed yesterday, adds 13 new defendants and new charges to a 2011 indictment, which charged Canton Pharmacist Babubhai ‘Bob” Patel with overseeing a massive health care fraud and drug distribution ring at more than 20 pharmacies that he owned and controlled in metro-Detroit.

The 13 new defendants named in the superseding indictment include five doctors, four pharmacists, and a home health agency owner:

  • pharmacist Mehul Patel, 34, of Canton
  • pharmacist Pradeep Pandya, 49, of Grand Blanc
  • pharmacist Vikas Sharma, 34, of Windsor
  • pharmacist Mukesh Khunt, 33, of Toronto
  • physicians Richard Utarnachitt, 71; of Clinton Township
  • physician Ruben Benito, 72, of Madison Heights
  • physician Javaid Bashir, 59, of Jackson
  • physician Carl Fowler, 60, of West Bloomfield
  • physician Rajat Daniel, 47, of West Bloomfield
  • home health agency owner Vinod Patel, 40, of Canton
  • business associate Atul Patel, 31, of Canton
  • marketer Anthony Macklin, a.k.a. “Jimbo,” of Detroit
  • marketer Michael Thoran, a.k.a. “Ace,” also of Detroit

The 21-count superseding indictment charges that Babubhai Patel was the owner and controller of approximately 26 Michigan pharmacies. The indictment alleges that Babubhai Patel would offer and provide kickbacks, bribes, and other illegal benefits to physicians to induce those physicians to write prescriptions for patients with Medicare, Medicaid, and private insurance. Patel would also direct that those prescriptions be presented to one of the Patel Pharmacies for billing. In exchange for their kickbacks and inducements, the physicians would write prescriptions for the patients and bill the relevant insurers for services supposedly provided to the patients without regard to the medical necessity of those prescriptions and services. The physicians would direct the patients to fill their prescriptions at one of the Patel Pharmacies, where Babubhai Patel and his pharmacists would bill insurers, including Medicare, Medicaid, and private insurers, for dispensing the medications, despite the fact that the medications were medically unnecessary and, in many cases, never provided. Patients were recruited into the scheme by patient recruiters or “marketers,” who would pay kickbacks and bribes to patients in exchange for the patients’ permitting the Patel Pharmacies and the physicians associated with Patel to bill their insurance for medications and services that were medically unnecessary and/or never provided.

The indictment further alleges a conspiracy to distribute controlled substances at the Patel pharmacies to facilitate the submission of false and fraudulent claims to Medicare, Medicaid, and private insurers. According to the indictment, Babubhai Patel and his associates paid physicians kickbacks for prescriptions for controlled substances for their patients and directed those patients to fill the prescriptions at a Patel Pharmacy. The controlled substances included the Schedule II drug oxycodone (Oxycontin), the Schedule III drug hydrocodone (Vicodin, Lortab), the Schedule IV drug alprazolam (Xanax), and the Schedule V drug cough syrup with codeine. According to the indictment, prescriptions for these drugs were written outside the course of legitimate medical practice. Babubhai Patel and his pharmacists would then dispense the controlled drugs to patients without medical necessity. The distribution of controlled substances in this manner was intended, in part, as a kickback to the patients for agreeing to enable their insurance cards to be billed for medications purportedly dispensed at the Patel Pharmacies. The indictment also alleges that Babubhai Patel and his pharmacists dispensed controlled substances outside the scope of legitimate medical practice to patient recruiters or “marketers,” as a kickback for their efforts in to recruit patients into the scheme.

In addition to his pharmacies, the indictment alleges that Babubhai Patel had an ownership interest in a home health agency managed by his brother, Vinod Patel. The indictment alleges that Vinod Patel, Babubhai Patel, and others bribed physicians and other referral sources for referrals to that home health agency and then billed the Medicare program for home health services that were medically unnecessary and never provided.

Of the 26 defendants originally charged in the indictment, six, including Babubhai Patel and four pharmacists, were convicted at a trial last summer. Fifteen additional defendants, including six pharmacists and two doctors, have pleaded guilty in the case. The five remaining defendants whose charges were renewed in the superseding indictment are set for trial on June 10, 2013. On February 1, 2013, Babubhai Patel was sentenced to 17 years’ imprisonment by U.S. District Judge Arthur J. Tarnow.

“Taxpayers fund Medicare and Medicaid to provide health care for needy citizens,” McQuade said. “We hope that doctors and pharmacists will take note that if they exploit these programs for personal profit, they will face serious consequences.”

Robert L. Corso, Special Agent in Charge of DEA’s Detroit Field Division stated, “Confronting the illegal diversion and abuse of controlled pharmaceuticals is a top priority of DEA and our law enforcement partners. Today’s indictments, particularly of the medical professionals are significant. It is alleged that these individuals abused their positions of trust and endangered the lives of countless people by illegally distributing opiate painkillers and depressants throughout southeast Michigan. This investigation makes it clear that the DEA and our partners in law enforcement will continue to investigate and bring to justice those individuals that are responsible for the illegal distribution of prescription medicines.”

FBI Special Agent Robert Foley stated, “Dishonest health care providers and pharmacists who exploit Medicare and Medicaid through fraudulent billing and other schemes will be held accountable for their crimes. The FBI remains committed to investigating this type of fraud and bringing those who abuse the system to justice.”

“Schemes involving the illegal diversion and/or distribution of controlled substances go hand and hand with the fraudulent billing of Medicare and other health care programs,” said Lamont Pugh, III, Special Agent in Charge of the U.S. Department of Health & Human Services, Office of Inspector General—Chicago Regional Office. “The OIG and our law enforcement partners are acutely aware of the potential for those who commit health care fraud to utilize this blended approach when seeking to line their pockets with tax payer dollars. The indictments and arrests announced today illustrate our combined commitment and effort to protect the safety and well-being of the public and as well as the health care programs they rely upon.”

The investigation in this case was handled by the Drug Enforcement Administration, the Federal Bureau of Investigation, and the Department of Health and Human Services Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorneys John K. Neal and Wayne F. Pratt.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove 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

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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.


8 former federal prosecutors in Chicago are considered for next U.S. attorney

October 17, 2012

Chicago Tribune on October 17, 2012 released the following:

“By Annie Sweeney and Ameet Sachdev, Chicago Tribune reporters

Eight former federal prosecutors in Chicago — six men and two women — have been chosen for interviews as a selection committee narrows its search on who should succeed former U.S. Attorney Patrick Fitzgerald, according to sources.

Six partners in major Chicago law firms are among the finalists, as well as a federal judge and the state’s inspector general, the sources said.

Fitzgerald stepped down in June after a record stint of nearly 11 years as Chicago’s chief federal prosecutor.

With the presidential election hovering over the selection, Illinois’ two U.S. senators, Democrat Dick Durbin and Republican Mark Kirk, have vowed to make a bipartisan pick.

The Tribune previously reported that U.S. District Judge Virginia Kendall was in the running for the U.S. attorney post after court officials last month transferred her criminal caseload to other judges to avoid any appearance of a conflict of interest. She has been on the federal bench since 2006.

Two of the finalists are minorities — Lori Lightfoot, a partner at the law firm of Mayer Brown, and Ricardo Meza, the executive inspector general in Gov. Pat Quinn’s administration.

The best-known candidate could be Patrick Collins, who garnered much attention as the lead prosecutor in the Operation Safe Roads probe that culminated in the 2006 conviction of former Gov. George Ryan and numerous of his former top aides. He is a partner at the law firm of Perkins Coie.

Zachary Fardon, another key member of the prosecution team at Ryan’s six-month trial, is a partner in Chicago at the law firm of Latham Watkins. Fardon, who grew up in Tennessee, held the No. 2 post at the U.S. attorney’s office in Nashville before going into private practice.

Three finalists have ties to a co-chair of the selection committee, Mark Filip, who resigned from the federal bench to take the No. 2 post in the Justice Department in the final year of President George W. Bush’s administration. Jonathan Bunge and John Lausch are partners at the same law firm — Kirkland & Ellis — as Filip. And Gil Soffer joined Filip at the Justice Department in a high-ranking post. Soffer is now a partner at the law firm of Katten Muchin Rosenman.”

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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.


Adel Daoud Indicted By a Federal Grand Jury for Allegedly Trying to Detonate a Car Bomb Outside a Chicago Bar

September 21, 2012

Chicago Tribune on September 20, 2012 released the following:

“Man indicted for attempted bombing of Chicago bar

Peter Bohan
Reuters

CHICAGO (Reuters) – An 18-year-old man his attorney described as a “misguided kid” was denied bail and indicted on Thursday for attempting to detonate what he thought was a car bomb outside a Chicago bar.

Adel Daoud was subdued in federal court, dressed in bright orange prison clothing with shackled legs, a mop of frizzy black hair and a sparse beard and mustache. He exchanged a few words with his attorney but said nothing during the hearing.

Daoud, a U.S. citizen who lives in the Chicago suburb of Hillside, was arrested on September 10 after trying to explode a fake bomb provided by an undercover FBI agent as part of an investigation lasting several months, authorities said.

A grand jury on Thursday indicted him on two counts of attempting to use a weapon of mass destruction and maliciously attempting to use an explosive to destroy a building. If convicted on the first count, Daoud faces up to life in prison.

Daoud’s attorney Thomas Durkin argued before U.S. Magistrate Judge Arlander Keys that Daoud had been entrapped by the FBI and “this kid couldn’t build a bomb if his life depended on it.”

But Assistant U.S. Attorney William Ridgway read through details of the charges against Daoud with evidence recorded over months, including alleged comments that Daoud said he would “only be satisfied of 100 were killed and 300 injured” in the attack. Daoud had repeatedly rejected suggestions to delay or halt plans for the attack, Ridgway said.

Ridgway described Daoud as deceptive, charismatic and knowledgeable, arguing that the defendant was dangerous and a flight risk. The judge agreed.

“The evidence shows he was predisposed to do it before the FBI” got involved, Judge Keys said of the bomb plot, adding that Daoud appeared to have “a strong desire to kill Americans, felt justified in doing so, and the more he could kill the better.”

The judge ordered Daoud held without bail after the 20-minute hearing. Daoud shuffled out silently but glanced at his father, Ahmed, who was seated in the front row at court.

According to an FBI affidavit, Daoud used email accounts starting in about October 2011 to gather and send materials “relating to violent jihad and the killing of Americans.”

Undercover FBI employees began corresponding with Daoud in May and later provided Daoud with a Jeep apparently full of explosives – but which was an inert device produced by undercover law enforcement, according to the affidavit. Daoud was arrested after trying to detonate it outside a downtown bar located near the Chicago Board of Trade building.

Durkin, who has experience as a defense lawyer in terrorist trials including representing detainees held at Guantanamo Bay, told reporters after the hearing that he was not surprised by the denial of bail.

“No judge in the world is going to let anybody out on a terrorism case,” he said.

But he accused the FBI of coming down hard on Daoud because Islam and terrorism were involved and despite evidence that his father and two religious leaders had tried to dissuade Daoud from “ideas” like jihad.

“Anybody at 18 years old who was raised in America who would be seriously questioning those type of values I would think might have some mental issues, and I think the FBI would know that as well,” Durkin told reporters.

The next hearing will be an arraignment before U.S. District Judge Sharon Coleman. No date was set.”

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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.


Feds drop terrorism charges against Miami cab driver accused of aiding Taliban

June 14, 2012

The Miami Herald on June 13, 2012 released the following:

“Federal prosecutors have dropped charges against a member of a South Florida family accused of supporting the Pakistani Taliban, a designated terrorist group.

BY JAY WEAVER
JWEAVER@MIAMIHERALD.COM

A one-time Miami cab driver who was detained for nearly a year on charges alleging that he provided aid to Pakistani Taliban terrorists won’t face trial, after federal prosecutors dropped the case against him, according to a dismissal order filed Wednesday.

The U.S. attorney’s office provided no reason for dismissing charges against Irfan Khan, 39, a U.S. citizen who is married with two children. The one-paragraph dismissal order was signed Tuesday by U.S. District Judge Robert Scola.

“We are unable to comment on the internal deliberations that led to our decision,” said Alicia Valle, special counsel to U.S. Attorney Wifredo Ferrer. “However, the charges against his co-defendants remain in place and trial is pending for those defendants in U.S. custody.”

Khan was arrested in May 2011 in Los Angeles, where he was working part-time in a software computer job. He was indicted on charges of conspiring with his father and brother, imams who led two mosques in Miami-Dade and Broward counties, and three others to provide financial support to the Pakistani Taliban, a designated terrorist organization.

Khan had been detained in the Federal Detention Center in downtown Miami until April, when he was granted a bond by a federal magistrate judge.

“Irfan is obviously pleased that the government has recognized what we’ve long known — that he did not send any money to Pakistan to aid the Taliban,” said his attorney, Miami acting federal public defender Michael Caruso. “His happiness is tempered by his father and brother’s continued imprisonment, but he looks forward to rebuilding his life with his wife and two young children.”

Last year, Irfan Khan; his father, Hafiz Khan, 77, the former leader of a Miami mosque; his brother, Izhar Khan, 25, the one-time head of a Margate mosque; and three others were charged with conspiring to collect and send at least $50,000 from South Florida to the Taliban between 2008 and 2010. The other defendants — all believed to be living in Pakistan — are Irfan Khan’s sister, Amina Khan; her son, Alam Zeb; and Ali Rehman.

Irfan Khan, in particular, was accused of making four wire transfers — for $990, $980, $980, and $500 — to Pakistan, including one to his sister.

The FBI used a confidential informant, bank transfer records and more than 1,000 wiretapped phone calls to build the case, which made national headlines.

The Taliban has been accused of attacking both U.S. and Pakistani interests. It has been linked to al-Qaida, and is suspected of playing a role in the failed May 2010 attempt to bomb New York’s Times Square.

Last August, U.S. District Judge Adalberto Jordan ordered that Hafiz Khan, the elderly Muslim cleric, and both of his sons remain in custody until trial. Jordan said evidence against the two younger Khans was less compelling than that against their father. But the judge decided the case was still strong enough to warrant detention, citing their danger to the community and risk of flight.

In April, however, Magistrate Judge Patrick White released Irfan Khan from detention to home confinement on a combined bond package totaling about $700,000. White granted the bond after prosecutors agreed to the terms proposed by Khan’s lawyers in exchange for their dropping his appeal.

His father and brother are still locked up and prohibited from having contact with each other in the federal detention center.

Their trial, a complex case built on wiretaps authorized under the Foreign Intelligence Surveillance Act, is set for early November.”

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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.


An aggressive, all-out defense

June 6, 2012

ESPN on June 6, 2012 released the following:

“By Lester Munson

WASHINGTON — It would be easy for Roger Clemens and his legal team to poke a few holes in the evidence against him and then argue to the jury that federal prosecutors have failed to meet the Constitution’s requirement of proof “beyond a reasonable doubt.” If they managed to convince one or two jurors, they could hope for a deadlock in the jury’s deliberations and a mistrial and a technical victory.

That is not what they are doing. As they presented their 14th witness on Tuesday, they were in the middle of a massive effort that seeks nothing less than the total destruction of the government’s effort and a not-guilty-on-all-counts verdict that will vindicate Clemens and begin to restore his legacy as one of baseball’s greatest pitchers.

It’s a highly unusual strategy. There was enough doubt about the government’s evidence after the four-day cross-examination of the prosecutors’ star witness, Brian McNamee, that many defense lawyers would have concluded their efforts and relied on the jury to find the necessary “reasonable doubt.” McNamee confessed to numerous lies, mistakes and exaggerations, the kinds of admissions that most defense lawyers agree are enough to persuade one or more dubious jurors to hold out for a not guilty verdict.

But lead Clemens attorney Rusty Hardin’s cross-examination of McNamee was only the beginning, not the end, of the defense effort.

Relying on a high school teammate, retired ballplayers, expert witnesses, a housekeeper, two masseuses, a broadcaster, and even an FBI agent, Hardin is offering answers to every element of the government’s charges against Clemens. And there is more to come. Hardin says he’ll finish his presentation of as many as 21 witnesses on Friday, and when he is done, it promises be an impressive accumulation of evidence.

Here’s a look at how the Clemens lawyers have responded so far to the government’s charges that Clemens lied to Congress when he denied that he had ever used steroids or HGH.

At the center of the government’s case is a trove of syringes, cotton balls, vials, and ampoules that McNamee claims he used to inject Clemens with performance-enhancing drugs. McNamee gathered the physical evidence after injecting Clemens in August 2001, stored it in a beer can and a FedEx box in his house, and finally turned it in to the government in January 2008. The prosecutors used an FBI expert and a forensic scientist from a private lab to show that Clemens’ DNA was present on some of the materials.

On Tuesday afternoon, Bruce Goldberger, a Ph.D. forensic toxicologist who is the founder and director of a lab at the University of Florida, explained to the jury that the physical evidence did not meet the standards that apply to the collection and preservation of physical evidence.

Goldberger’s testimony came after a vigorous and extended argument from Asst. U.S. Attorney Daniel Butler, who insisted to U.S. District Judge Reggie Walton that Goldberger was not qualified to offer expertise on the collection of evidence and was qualified only to examine substances (blood, urine, drugs) in his laboratory. Clearly impressed with Goldberger and his knowledge of evidence collection, Walton allowed Hardin to present the expert to the jury.

Commingling the cotton balls, the syringes, and the other materials in what may have been a damp beer can, Goldberger said, leads to the possibility of “cross-contamination” and precludes the connection of any of the materials to anyone.

Speaking calmly and persuasively in what was the most powerful testimony in the entire trial, Goldberger told the jury that “the possibility of contamination leads to unreliable laboratory conclusions” and “there must be certainty beyond a reasonable doubt before we can make the scientific connection” between the material and an individual.

In the course of Goldberger’s testimony, the language of the trial was transformed with words like “manipulation” and “fabrication” and “garbage” suddenly being used in connection with materials the prosecutors had described as “medical waste.”

Goldberger told the jury that the material was doubly suspicious because it had been “collected and preserved by the accuser.” Hardin was soon referring to McNamee as the “accuser-collector.”

Butler’s cross-examination of Goldberger did not help as he quarreled with Goldberger about his qualifications and picked at him with questions about the “back story” of a piece of evidence. Butler succeeded only in allowing Hardin to come back with a question that prompted Goldberger to conclude that the physical evidence was the worst Goldberger had seen in 30 years of working with trial evidence.

On another central issue in the trial, Hardin has managed to suggest something that seemed totally unlikely ballplayers’ use injections of Vitamin B12 the way most of us use aspirin or Tylenol. Clemens, in what once seemed to be a weak response to allegations that he had been injected with steroids, claimed that the injections were B12.

Former pitcher Mike Boddicker told the jury that B12 injections were common during his 13 years in the big leagues and that he once walked into the Boston Red Sox training room and was surprised to see Clemens with his pants down being injected in the buttocks with B12. Boddicker, another charming and engaging witness for the defense, told the jury that he could see “B12” on the vial on the training table.

Like the other MLB players that Hardin and Clemens have presented, Boddicker seemed to capture the attention of the jury with his stories that he survived in the big leagues for 13 years with an 84-mph fastball and that he was once traded from the Baltimore Orioles to the Red Sox for Brady Anderson and Curt Schilling.

Prosecutor Steven Durham tried to cross-examine Boddicker by raising the well-known, unwritten law of an MLB clubhouse that what happens in the clubhouse stays in the clubhouse. It was supposed to show that Boddicker would skew his testimony to help Clemens. But, instead, it opened the door for Hardin to return with Boddicker’s report that Clemens would frequently leave the clubhouse in uniform to visit children in Boston hospitals and that he insisted that his teammates tell no one, especially media, about it.

The enormous Clemens-Hardin effort clearly has the prosecutors scrambling. In his attempt to prepare for Goldberger’s testimony, Butler was on the phone with Goldberger on Tuesday morning, only hours before Goldberger appeared before the jury. To prepare for Boddicker’s testimony, the prosecutors sent an FBI agent to interview him on Sunday before his Tuesday appearance.

The defense strategy is proactive, and it is aggressive. It fits what we know of the Clemens way of doing things. It’s working now, but as another great ballplayer said, “It ain’t over ’til it’s over.””

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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.


Documents provide rare insight into FBI’s terrorism stings

April 16, 2012

The Washington Post on April 13, 2012 released the following:

“By Peter Finn

Days before his arrest in Pittsburgh last month, Khalifa Ali al-Akili posted a remarkable message on his Facebook page: A mysterious man who spoke often of jihad had tried to interest Akili in buying a gun, then later introduced him to a second man, whom Akili was assured was “all about the struggle.”

It smelled, Akili wrote on Facebook, like a setup.

“I had a feeling that I had just played out a part in some Hollywood movie where I had just been introduced to the leader of a ‘terrorist’ sleeper cell,” Akili wrote.

When he googled a phone number provided by the second man, it turned out to be to Shahed Hussain, one of the FBI’s most prolific and controversial informants for terrorism cases. Soon the sting was off; Akili was subsequently arrested on gun — not terrorism — charges, which he has denied.

It was a rare miss for Hussain, 55, who has played a wealthy, dapper member of a Pakistani terrorist group in several FBI operations over nearly a decade.

This role has inflamed Muslim and civil rights activists, who describe Hussain as an “agent provocateur,” and prompted harsh comments from the presiding judge in a 2010 case, who questioned his honesty and the aggressiveness of the FBI’s tactics.

“I believe beyond a shadow of a doubt that there would have been no crime here except the government instigated it, planned it and brought it to fruition,” said U.S. District Judge Colleen McMahon at the sentencing of four men from Newburgh, N.Y., convicted on terrorism charges. She added, “That does not mean there was no crime.”

Hussain declined to speak about his work for the FBI, saying in a brief phone interview, “I can’t say anything for security reasons.” The FBI declined to discuss Hussain or McMahon’s comments.

But the blown Pittsburgh sting and the voluminous court records from the 2010 case have provided rare insight into a tactic used increasingly by the FBI since the Sept. 11, 2001, attacks in which suspects are monitored almost from the beginning of plots and provided with means to help them carry them out. The targets in such stings have included Washington’s Metro subway system, the Pentagon and the U.S. Capitol.

There have been 138 terrorism or national security cases involving informants since 2001, and 51 of those have come over the past three years, according to the Center on National Security at Fordham Law School in New York. The center said the government secured convictions in 91 percent of those cases.

Law enforcement officials say stings are a vital tactic for heading off terrorism. But civil rights activists and others say the FBI has been identifying individuals with radical views who, despite brash talk, might have little ability to launch attacks without the government’s help.

“It almost seems like the government is creating a theatrical event that produces more fear in the community,” said Michael German, a senior policy counsel at the American Civil Liberties Union and a former FBI agent who worked undercover.

Yet in these terrorism stings, every attempted defense that has alleged entrapment by the government has failed, according to Fordham’s Center on National Security. The FBI said that record speaks volumes and rejected any suggestion that it has invented terrorist plots. “They present the idea,” FBI spokesman Kathleen Wright said of the targets of investigations. “It is not us coming up with these ideas.”

Officials said the subjects of these stings are the ones who first generate suspicion — by contacting terrorists overseas, attempting to secure weapons or speaking of a desire to commit violence.

One of the prosecutors in the 2010 case, Assistant U.S. Attorney Jason Halperin, said in court that confidential informants such as Hussain are an “important tool” for the FBI. “Mr. Hussain is Pakistani. He speaks Urdu. He speaks Pashto. He’s Muslim. He can read Arabic,” Halperin said. “All of these things make Mr. Hussain a very valuable asset for the FBI.”

The birth of an asset

In testimony for the 2010 terrorism case, for which Hussain appeared as a witness for the prosecution, he described himself as a member of a politically connected family in Pakistan who fled to the United States with his wife and children after he was falsely accused of murder during a government crackdown against the secular MQM party. He arrived on a fake British passport in 1994, Hussain testified.

In the years since, his relatives in Pakistan have transferred hundreds of thousands of dollars to him, allowing him and his family to acquire gas stations, a beverage center and a motel in Upstate New York, according to financial records produced in court. He also testified that former Pakistan prime minister Benazir Bhutto, during a trip to New York, gave his son $40,000 to buy a new car, but the judge, McMahon, questioned the veracity of the claim.

It was not the only time McMahon expressed doubts about Hussain’s honesty.

“By the end of the trial, the jury knew that Hussain had lied about his finances to at least two courts (the Northern District of New York and the Northern District Bankruptcy Court), lied to the Immigration and Naturalization Service, lied to the Town of Colonie and its school district about his residence, lied to potential customers of his motel, and lied to the IRS about his income at tax time,” wrote McMahon.

In late 2001, Hussain was arrested on federal fraud charges of helping immigrants illegally secure driver’s licenses. Hussain, who had been working as a translator for the Department of Motor Vehicles, faced a possible prison term and deportation to Pakistan. He pleaded guilty and, as part of his agreement with the government, cooperated with the FBI by going undercover to secure evidence against several former associates in the scheme, including his mistress.

Hussain excelled in this new role — a fact grudgingly accepted even by his detractors.

“Both his physical and emotional presence seemed impervious to chastisement, to exposure, to anything — nothing seemed to throw his casual defiance off course,” said Karen Greenberg, the director of Fordham’s Center on National Security, who has observed Hussain in court.

The bureau also has sent Hussain to London and Pakistan, where he infiltrated a terrorist training camp, according to court testimony.

In the summer of 2003, Hussain first adopted the persona of the suave, moneyed terrorist at the direction of the FBI. The object of the sting was Yassin Aref, an Iraqi Kurd and the spiritual leader of an Albany mosque.

Aref was convicted of participating in a plot to launder funds from the sale of a shoulder-fired missile. Aref’s attorneys said he simply saw what he thought was a loan between Hussain and the owner of a struggling pizza parlor who was also convicted. Aref and the owner of the pizza parlor were sentenced to 15 years in prison.

The informant at work

On another assignment for the FBI, Hussain went to Newburgh’s Masjid al-Ikhlas mosque 12 times before he met James Cromitie, a convert to Islam and a stocker at a Wal-Mart, in June 2008.

In a poor community, Hussain struck an odd figure, driving Hummers and BMWs and wearing designer clothes.

Salahuddin Muhammad, imam of the mosque, said in an interview that some people suspected that Hussain was an FBI informant. He was too eager to engage people in conversation about jihad, Muhammad said.

Cromitie, who attended the mosque infrequently, either didn’t hear of the suspicions of others or didn’t care.

Hussain later told the FBI that Cromitie said: “Look, brother, I might have done a lot of sin, but to die like a shaded (martyr), I will go to paradise . . . I want to do something to America.”

By July, Hussain had told Cromitie he was part of a Pakistani terrorist group. Cromitie, who had multiple drug convictions but no history of violence, said he wanted to join, according to the FBI’s debriefing of the informant.

During a November 2008 trip to Philadelphia with Hussain, which coincided with the terrorist attacks on several locations in Mumbai, India, Cromitie made some of his most incendiary statements.

Cromitie hadn’t heard of the attacks, but Hussain pointed out that one of the targets in Mumbai was a Jewish center, according to transcripts of conversations that were secretly recorded and later played in court.

“I’d like to get a synagogue,” Cromitie said.

The judge later noted in a finding of fact that “whenever Hussain asked Cromitie to act on those sentiments — make a plan, pick a target, find recruits, introduce the [confidential informant] to like-minded brothers, procure guns and conduct surveillance — Cromitie did none of the above.”

McMahon said that at this point Hussain began to add “more worldly inducements” to the “offer of paradise” beginning with a BMW “but only after Cromitie had completed a mission.”

Closing the net

Hussain left for Pakistan on Dec. 18, 2008, and didn’t return to the United States for two months. While he was away, the FBI briefed officials at Stewart International Airport in New York on the investigation but assured them that “Cromitie was unlikely to commit an act without the support of the FBI source.”

Indeed, Cromitie said, “I just dropped everything,” according to the transcript of the conversation. But when Hussain returned, Cromitie’s enthusiasm was rekindled.

McMahon later wrote that “the court believes and specifically finds that it was about this time when Hussain offered Cromitie as much as a quarter million dollars to participate in a mission.”

Such an offer was not authorized by the FBI, the prosecutor told the court. Hussain denied making it, saying the reference to a specific amount of money was not intended to be literal. McMahon, in her sentencing, said she did not believe him.

After a surveillance drive around Stewart Air National Guard Base on Feb. 24, 2009, Cromitie cut off communication with Hussain for six weeks, he later testified. Cromitie pretended to have left town, although he was still in Newburgh.

On April 5, Cromitie called Hussain. “I have to try to make some money, brother,” Cromitie said.

“I told you. I can make you $250,000, but you don’t want it, brother. What can I tell you,” Hussain said.

Cromitie soon was back in.

On May 20, 2009, Hussain, Cromitie and three associates drove south from Newburgh carrying three duffel bags, each stuffed with nearly 40 pounds of explosives and 500 steel ball bearings to maximize casualties at a synagogue and a Jewish community center in the Bronx. After bombing them, the men planned to double back north to Stewart Air National Guard base near Newburgh to launch a stinger missile at parked military planes.

But the FBI had provided the bombs and the missile and had rendered them harmless.

All four Newburgh men were later convicted on terrorism charges in a jury trial and sentenced to 25 years in prison. They have appealed.

On the final drive to the Bronx, Hussain tried to get Cromitie to prime the bombs by following his instructions on which wires to connect, Hussain testified. But Cromitie and the others couldn’t figure it out, and Hussain had to stop the car and do it himself.

When they got to the Bronx, Hussain had to explain how to operate a car key fob so Cromitie could open the first of the pre-parked cars and plant the bomb.

Afterward, Hussain asked him if he had turned the bomb on. “I forgot,” Cromitie replied.

Hussain told him not to worry, it could still be detonated.

Cromitie then set off to plant the other two bombs, but he couldn’t open the trunk of the next car. Hussain told Cromitie by walkie-talkie to just put them in the back seat.

Hussain then signaled for the FBI to move in.”

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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 Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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


Roger Clemens’ second trial starts Monday

April 16, 2012

The Washington Post on April 15, 2012 released the following:

“By Ann E. Marimow and Del Quentin Wilber

Former pitching powerhouse Roger Clemens returns to the District’s federal courthouse Monday to be tried for a second time on charges that he lied to Congress about using performance-enhancing drugs.

The baseball legend’s first trial ended after just two days last summer when the judge declared a mistrial because of a prosecutorial error.

Now the Justice Department will have another chance to try Clemens, an 11-time all-star accused of perjury, obstruction of Congress and making false statements. Clemens could face 30 years in prison if convicted on all charges.

The high-stakes trial begins Monday with jury selection, a process expected to include lengthy questioning of the backgrounds and biases of more than 80 Washingtonians. Some legal observers familiar with the case said the retrial gives the government an advantage because prosecutors have had a preview of the defense team’s approach and time to retool and prepare witnesses.

The government has the “upper hand” after hearing the defense’s road map for the case the first time around, said Steven Levin, a former federal prosecutor and criminal defense lawyer.

But Michael Volkov, another former federal prosecutor, said the government must overcome the challenge of convincing jurors of the importance of bringing such a case when no one was injured and no major national policy was affected by the allegations.

Volkov suggested that the government would have to tie its case to broader concerns about steroid abuse in professional sports and its potential impact on children.

“The question is, how do prosecutors make people care?” Volkov said. “Everybody believes Congress lies to them anyway.”

In their first round of opening statements last July, prosecutors said Clemens used performance-enhancing drugs to prolong his storied career and then lied about it to a House committee to shore up his legacy.

Clemens, 49, won an unprecedented seven Cy Young awards during his 24-year career with the Boston Red Sox, Toronto Blue Jays, New York Yankees and Houston Astros. His defense team, led by Rusty Hardin, said Clemens had a track record as a hard-working professional who was clean, and never lied.

A central figure in the case is Clemens’s former trainer, Brian McNamee, who told Congress he had injected Clemens with performance-enhancing drugs. Clemens’s lawyers have said McNamee, whose story about steroids has changed over the years, cannot be trusted.

Finding an impartial jury for such a well-publicized case could be tricky. The trial coincides with the start of the Major League Baseball season and the return to the sport of pitcher Andy Pettitte, a former Clemens teammate and friend who may be a key government witness.

“It makes a difficult process exponentially more difficult,” said Andrew White, a former federal prosecutor.

The Justice Department initially took the case after Congress requested an investigation into Clemens’s testimony to the House Committee on Oversight and Government Reform in 2008. Clemens denied using steroids or human growth hormone following a 2007 report by former senator George Mitchell that identified Clemens and dozens of other players as having taken banned substances.

Major League Baseball has since 1971 prohibited the use of steroids and human growth hormone — known as HGH — without a prescription. The league explicitly banned steroids in 1991 and HGH in 2005.

U.S. District Judge Reggie B. Walton declared a mistrial last July after the government showed a video clip that included barred evidence.

Prosecutors led by Steven Durham and Daniel Butler played a videotaped segment of congressional testimony that referenced Pettitte’s wife. Andy Pettitte, who recently came out of retirement to rejoin the Yankees and was also named in Mitchell’s report, told congressional investigators Clemens confided in him about taking a performance-enhancing substance. He said he shared the conversation with his wife.

Laurie Pettitte gave Congress an affidavit backing her husband’s claims, and Walton ruled before the first trial that prosecutors could not raise her statements before the jury.

While Walton said he was troubled by the government’s misstep, he ruled that a second trial would not violate Clemens’s constitutional protection against double jeopardy, which ensures defendants are not subjected to endless prosecutions.”

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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 Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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


Review finds judge showed no bias

April 13, 2012

The Augusta Chronicle on April 12, 2012 released the following:

“By Greg Bluestein
Associated Press

ATLANTA — Prosecutors say they have found no evidence that mental impairment or racial bias affected any cases handled by a disgraced judge who was sent to prison for buying drugs with a stripper, ending the U.S. Attorney office’s review of the ex-jurist’s legal decisions.

U.S. Attorney Sally Quillian Yates said her office reached that conclusion after examining the cases of 29 defendants who asked for the review after former U.S. District Judge Jack Camp was arrested in October 2010. Camp, who resigned from the bench, was sentenced to 30 days in prison in March 2011 after pleading guilty to drug-related charges.

Yates called for the review after witnesses interviewed as part of the federal investigation into Camp suggested he had a racial bias, and Camp admitted in court filings that a 2000 bicycling accident caused brain damage and led him to use drugs.

“I hope that this demonstrates to citizens we serve that we are committed to justice, not to convictions,” Yates said this week. “When you have a situation that strikes at the heart of our justice system, we have to do everything we can to assure that the public has confidence in the system.”

Camp, who has been out of prison for about a year, said in a statement to The Associated Press that he felt vindicated by the review.

“Today, the U.S. Attorney has publicly confirmed what I never doubted throughout this ordeal,” he said. “I am pleased the report vindicates that my decisions were fair, impartial, and true to the law. Just as drug tests by the government had already shown no controlled substances, the report further confirms the fact that my work as a judge was never affected by drugs.”

Camp was 67 when he was arrested in a suburban Atlanta parking lot on Oct. 1 after he handed the stripper $160 to buy drugs from an undercover officer, according to court documents. The stripper was secretly cooperating with authorities.

The married judge, who has two grown children, pleaded guilty soon after his arrest to buying drugs for the stripper, possessing illegal drugs and giving the woman his $825 government-issued laptop. The former judge apologized at the March 2011 sentencing, saying he wanted to pay the debt he owed to society and rebuild his reputation.

Yates recused her office from the criminal case against Camp, but knew her office would need to deal with appeals filed by defendants who believed they were unfairly treated by the judge.

Yates said she decided her office would not object to any requests by any defendant sentenced by Camp between March 2010 and September 2010 — when Camp was believed to have been using drugs — for a new sentencing hearing with a different judge.

Of the 12 defendants who did so, six received the same sentence Camp had imposed, and five others’ sentences were reduced. Two of those were reduced when the new judge accepted a request from prosecutors that Camp had rejected to reduce the sentence because the defendants cooperated with authorities. One case is still pending.

It’s not unusual for a sentence to be reduced when the details of the case are heard by another judge.

In one case, U.S. District Judge Owen Forrester reduced Harold Wardlaw’s sentence for bank fraud from 145 months to 120 months. Wardlaw’s attorneys argued that his original sentence was “distorted” and failed to account for charitable giving in his past.

Another case involved former professional wrestler “Hardbody” Harrison Norris, who was initially sentenced to life in prison after he was convicted of leading a sex trafficking ring. His sentence was reduced to 35 years behind bars in December 2010 by another judge, after he argued the sentence was “grossly disproportionate” to those convicted of other crimes.

As more details of the Camp investigation surfaced, Yates had to consider expanding her office’s review.

Court filings in the case outlined Camp’s decades-long battle with depression and he blamed brain damage he suffered after the 2000 accident for his eventual dalliance with the stripper. Yates also said the investigation uncovered evidence of a possible bias: One witness told investigators Camp said it was difficult sentencing black men because they reminded him of someone he didn’t like, and another witness said Camp once used a racial slur to describe the same man.

Because of those two factors, Yates decided her office would consider reviews for the hundreds of cases that Camp heard during his 22-year career on the bench.

“We recognize that feelings of racial bias don’t arise overnight,” she said. “We felt it was important to tell any defendant who went before Camp that we would hear their case regardless of when it happened.”

Twenty-nine defendants made the request, and Yates assigned a team of 25 attorneys to review the cases. They spent hundreds of hours reading the trial transcripts, vetting motions and reviewing court filings. Each filled out a nine-page form with details about the case, detailing any potential problems with Camp’s decisions and issues regarding the “fairness or integrity of the judicial process.”

The attorneys went to great lengths to document anything out of the ordinary involving each case, even noting when Camp, who was known as a temperamental jurist, became cranky, lost his train of thought or forgot the name of an attorney trying the case.

“We wanted to go beyond that to see if something had gone amiss here — was there anything that would reflect a racial bias or that he was impaired?” Yates said. “Did anything look out of whack to us, even if it was legally defensible?”

Prosecutors found that of the 23 black defendants who requested the review, 10 received sentences at the lower end of the guideline range, eight were near the middle to high end and three more defendants were actually sentenced below what the range suggested. One other defendant was given life in prison because the law required it based on his prior convictions. The last case, involving a 1993 bank robbery conviction, fell within the guideline range but records didn’t indicate where.

Of the six remaining cases, five involved white defendants and one involved a Hispanic defendant. The review found that Camp sentenced two of those defendants to stiffer sentences than the guidelines suggested, one was sentenced near the middle of the guideline range, one was sentenced below the range and one is still pending. The records from the final case, which took place in 1996, haven’t arrived at the office yet.

Yates said the review brings an end to her office’s vetting of the case.

“This closes this chapter. It’s been a very difficult and troubling chapter for everyone,” she said. “But it’s something for us to be mindful of to make sure that the public be treated fairly.”

Meanwhile, other cases involving Camp are still pending.

The 11th U.S. Circuit Court of Appeals is considering an appeal by Rolando Martinez. He wants the court to review his drug trafficking conviction on grounds that prosecutors shouldn’t have allowed his case to be tried before Camp because they knew he was using illegal drugs. Camp declared a mistrial in Martinez’s case a day before his arrest because of a hung jury, and the defendant was later convicted in a trial before another judge.

And several civil cases are pending, too, including a lawsuit filed by attorneys from a now-shuttered strip club. They contend Camp should have recused himself from the club’s case because his personal experience put him too close to the debate.

But it won’t be easy to persuade the judges to overturn Camp’s decisions. At the March hearing involving the strip club’s challenge, a veteran judge suggested Camp’s out-of-court activities don’t necessarily merit a do-over.

“We have an unusual circumstance and we are very concerned,” said Circuit Judge J.L. Edmondson. “But we haven’t just canceled out what Judge Camp has done for months and months nor do we see a reason to do so.”

Camp, for his part, said he’s moving on from the “dark chapter” in his life.

“I deeply appreciate the encouragement offered by friends both near and far as I have come to terms with my mistakes, learned to manage my condition, and begun to forge a meaningful path toward the future,” he said in the statement.”

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To find additional federal criminal news, please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN Sanctions Removal.

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