Bulger defense says prosecutor gave immunity

October 25, 2012

The Boston Globe on October 25, 2012 released the following:

“Alleged deal was made decades ago

By Travis Andersen and Milton J. Valencia

Lawyers for James “Whitey” Bulger have identified the late federal prosecutor Jeremiah O’Sullivan as the federal agent who allegedly gave the notorious gangster immunity to commit his reign of terror.

Attorney J.W. Carney Jr. of Boston made the bombshell allegation in a court filing late Wednesday in which he again called for a US District Court judge to recuse himself from presiding over the case. He said the judge has an apparent conflict of interest as a former prosecutor who worked at the same time as O’Sullivan, a former US attorney who died in 2009 at age 66.

Carney said he may call US District Court Judge Richard G. Stearns and other former prosecutors as witnesses to testify about the leeway that the leadership within the US attorney’s office gave Bulger and about their failure for years to charge him with any crimes, which he said would speak to the immunity agreement that Bulger alleges that he had.

Stearns was a former federal prosecutor and chief of the criminal division during part of Bulger’s alleged reign of terror in the 1970s and 1980s. But the judge was not part of the New England Organized Crime Strike Force that had an apparent relationship with Bulger at the time and he has maintained he did not know Bulger was the target of any investigation.

Carney argued there was no line dividing work between the Strike Force and the US attorney’s office, and so prosecutors from both units shared and were aware of investigations.

The judge refused an initial request to recuse himself in ­July, citing the high standards that must be met for a judge to have to recuse himself for conflict of interest concerns.

“I have no doubt whatsoever about my ability to remain impartial at all times while presiding over the case,” Stearns said in his ruling, maintaining he had no knowledge “of any case or investigation” in which Bulger was “a subject or a target.”

But Carney said Bulger’s reputation was well known, or should have been, particularly among leaders in the US attorney’s office.

He also said that the notorious gangster, now 83, will testify to support his assertion. He said Bulger will provide “a detailed account of his receipt of immunity by O’Sullivan,” who was a member of the strike force and at one point its chief.

In one example, Carney said, Bulger will discuss a time when O’Sullivan allegedly ordered Bulger be removed from a list of targets in a horse race-fixing scheme in the early ’80s.

Brian T. Kelly, one of the prosecutors in the case, wrote a letter to Carney on Friday in which he said the government has given defense counsel ample materials pertaining to O’Sullivan, as requested, calling it typical procedure in the case.

He offered on his own, however, that “the First Circuit has already held that O’Sullivan was unaware of any promise of immunity.”

He added, “O’Sullivan himself testified under oath before Congress that he never extended immunity to either James Bulger or Stephen Flemmi.”

Carney added that, in addition to Stearns, he would call other Department of Justice leaders to testify as to why Bulger was never charged by the federal government. Those leaders would include FBI director Robert Mueller, who served as a federal prosecutor and chief of the criminal division in Massachusetts in the early 1980s, and with whom Stearns has a close relationship.

Carney said he will introduce evidence from a courthouse ceremony where Mueller characterized Stearns as a “friend and mentor,” and in which Stearns called the FBI director’s speech “the greatest tribute that a friend could pay.”

Bulger’s lead lawyer questioned whether Stearns could remain impartial in deciding whether he and Mueller could be called as a credible witness to testify about the immunity agreement, which has emerged as Bulger’s main point of defense in a trial that could trigger the death sentence.

“Federal law mandates in this situation that Judge Stearns recuse himself from this case,” Carney said in a 24-page motion filed late Wednesday. “The law — and common sense — says that a person cannot be both judge and witness. . . . To do so otherwise will put an irreparable taint on the public’s view of the fairness of the defendant’s trial, and allow citizens to believe that the infamous cover-up of misconduct by past members of the Department of Justice, the United State’s attorney’s office, and the FBI is continuing.”

Carney said Bulger wasn’t accused of any crimes in a US indictment until after Stearns, Mueller, and O’Sullivan left office, and he argued their testimony will focus on why that didn’t happen. That should be up to a jury to decide, he said.

Bulger was one of America’s Most Wanted until his arrest in June 2011 after 16 years on the lam. He is accused in a federal racketeering indictment of participating in 19 murders.

He is also the notorious gangster at the center of one of the most scandalous periods in the history of the FBI. A series of hearings in Boston in the ’90s exposed a corrupt relationship between him and his FBI handlers. During that time, he was allegedly allowed to carry out crimes including murders in exchange for working as a cooperating witness against the New England Mafia.

Carney has said that Bulger was granted immunity in exchange for his cooperation, though legal analysts have questioned whether anyone could have had a right to kill, as Bulger asserts.

US prosecutors, who have argued Stearns does not have to recuse himself, also deny Bulger had any claim of immunity.

O’Sullivan suffered a heart attack and several strokes in 1998 when he was slated to testify about Bulger and Flemmi before US District Court Judge Mark L. Wolf. O’Sullivan was in a coma for a month.

In 2002, O’Sullivan was called before Congress during the Government Reform Committee’s investigation of the Boston FBI. He denied ever protecting Bulger and Flemmi from prosecution for serious crimes.

O’Sullivan acknowledged dropping the pair from a 1978 race-fixing case against the Winter Hill Gang, of Somerville, because he said he considered them small-time players and was focused on gang leader Howie Winter.”

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

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

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

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

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


Briton Accused of Hacking Fox, PBS Websites

June 14, 2012

ABC News on June 14, 2012 released the following:

“By SHAYA TAYEFE MOHAJER Associated Press

A 20-year-old Briton suspected of links to the hacking group Lulz Security is accused of cracking into websites for a Fox reality TV show, a venerable news show and other sites to deface them or steal personal information, federal prosecutors said Wednesday.

A federal grand jury indicted Ryan Cleary on conspiracy and hacking charges for allegedly hacking sites for the talent competition “The X-Factor,” the site for “PBS NewsHour,” Sony Pictures and others.

The indictment filed Tuesday alleges Cleary and his co-conspirators would identify security vulnerabilities in companies’ computer systems and use them to gain unauthorized access and, often, cause mayhem.

In a separate and similar case filed against Cleary in the United Kingdom in 2011, he faces allegations that he and others hacked a law enforcement agency, the Serious Organized Crime Agency, and various British music sites — all while he was still a teenager.

Cleary was taken into custody in March and remains in custody in the United Kingdom, said Laura Eimiller, FBI spokeswoman.

In one instance, the U.S. indictment alleges, Cleary conspired to steal the confidential information of people who registered to get information on auditions for the Fox talent competition “The X-Factor.”

That hack was the first to be claimed by LulzSec, an offshoot of the larger hacking group Anonymous, in tweets about its international hacking spree that began in May 2011.

Later that month, LulzSec claimed to have hacked the website of the Public Broadcasting Service, where a phony news story was posted claiming the dead rapper Tupac Shakur was alive and living in New Zealand.

The post caused a stir on the site for “PBS NewsHour,” an award-winning broadcast news show, and came after the network aired a documentary on WikiLeaks founder Julian Assange that was deemed critical. PBS’ ombudsman at the time defended the program’s treatment of Assange as “tough but proper.”

The indictment also alleges LulzSec and Cleary hacked into the computer systems of Sony Pictures Entertainment Inc. in June 2011 to steal confidential information of users who had registered on the company’s website.

Cleary faces a maximum of 25 years if convicted on all charges.

Calls and emails to Fox, Sony and “The NewsHour” seeking comment and confirmation were not immediately returned Wednesday.

An after-hours call to Cleary’s legal representative in London was not returned. It was not immediately clear who would represent him in the United States.

LulzSec also has claimed responsibility for hacking incidents not listed in Cleary’s indictment, including hacking the CIA’s public-facing website and the Atlanta chapter of an FBI partner organization called InfraGard.”

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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.


Mexican Cartel Kingpin to Plead Guilty in US Federal Court

January 4, 2012

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

“By ELLIOT SPAGAT
Associated Press

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

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

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

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

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

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

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

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

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

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

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