FBI: “Federal Grand Jury Returns 30-Count Indictment Related to Boston Marathon Explosions and Murder of MIT Police Officer Sean Collier”

June 27, 2013

The Federal Bureau of Investigation (FBI) on June 27, 2013 released the following:

“WASHINGTON—A federal grand jury returned a 30-count indictment against Dzhokhar A. Tsarnaev for his alleged role in using weapons of mass destruction at the Boston Marathon to kill three individuals and maim or seriously injure many others, as well as for using a firearm to intentionally kill Massachusetts Institute of Technology (MIT) Police Officer Sean Collier.

Tsarnaev, aka “Jahar Tsarni,” 19, a U.S. citizen residing in Cambridge, Massachusetts, was charged today by indictment with the use of a weapon of mass destruction resulting in death and conspiracy; bombing of a place of public use resulting in death and conspiracy; malicious destruction of property resulting in death and conspiracy; use of a firearm during and in relation to a crime of violence; use of a firearm during and in relation to a crime of violence causing death; carjacking resulting in serious bodily injury; interference with commerce by threats or violence; and aiding and abetting.

“This indictment is the result of exemplary cooperation between federal prosecutors and a wide range of federal, state, and local law enforcement agencies to investigate the horrific attacks on the Boston Marathon two months ago,” said Attorney General Eric Holder. “The department is firmly committed to achieving justice on behalf of all who were affected by these senseless acts of violence. And today’s action proves our unyielding resolve to hold accountable—to the fullest extent of the law—anyone who would threaten the American people or attempt to terrorize our great cities. I would like to thank our law enforcement partners, the FBI, the Department’s National Security Division, the U.S. Attorney’s Office for the District of Massachusetts, and every investigator, agent, officer, attorney, analyst, and support staff member whose courage and commitment continues to make our communities and our nation safer.”

“Today’s indictment is the result of the dedicated and collective efforts of law enforcement and intelligence partners, working with a sense of urgency and purpose to find those responsible for these deadly attacks,” said FBI Director Robert S. Mueller. “These continuing efforts reflect the pursuit of justice for those who lost their lives and for the scores of individuals who were injured.”

“Our hearts go out to the victims of these horrendous acts of violence, and our gratitude to the courageous law enforcement officers who have given so much to protect the people of Boston and the United States,” said John Carlin, Acting Assistant Attorney General of the Justice Department’s National Security Division. “We remain committed to obtaining justice in this matter and will continue to work side by side with our partners throughout the law enforcement and intelligence communities to protect the American people from future harm.”

“Today’s charges reflect the serious and violent nature of the events that occurred on April 15th and the tragic series of events that followed,” said Carmen Ortiz, U.S. Attorney for the District of Massachusetts. “The defendant’s alleged conduct forever changed lives. The victims, their families, and this community have shown extraordinary strength and resilience in the face of this senseless violence, and it is with the hundreds of injured, as well as Krystle, Lingzi, Martin, and Sean in mind that we proceed to ensure that justice is served in this case.”

The indictment alleges that beginning no later than February 2013 and continuing until Tsarnaev was apprehended on April 19, 2013, Tsarnaev and his brother Tamerlan conspired to use improvised explosive devices (IEDs) against people, property, and places of public use. Specifically, the indictment alleges that on April 15, 2013, during the 117th running of the Boston Marathon, Tsarnaev and his brother placed IEDs among the crowds of spectators who were cheering the runners on Boylston Street towards the marathon finish line. After placing the IEDs among the crowd, the indictment alleges, Tsarnaev and his brother detonated the bombs seconds apart, killing three people, maiming and injuring many more, and forcing a premature end to the marathon. The indictment alleges that the IEDs were constructed from pressure cookers, explosive powder, shrapnel, adhesives, and other items and were designed to shred skin, shatter bone, and cause extreme pain and suffering, as well as death.

The indictment also alleges that on April 18, 2013, the FBI released photographs of Tsarnaev and his brother, identifying them as suspects in the marathon bombings. These photographs were widely disseminated on television and elsewhere. The indictment alleges that hours later on April 18, Tsarnaev and his brother, armed with five IEDs, a Ruger P95 semi-automatic handgun, ammunition, a machete, and a hunting knife, drove in their Honda Civic to the MIT campus, where they shot MIT Police Officer Sean Collier and attempted to steal his service weapon.

The indictment further alleges that shortly after Tsarnaev and his brother killed Officer Collier, they carjacked a Mercedes and kidnapped the driver and forced him to drive to a gas station, robbing him of $800 along the way. After the driver managed to escape, the brothers are alleged to have driven the carjacked vehicle to the vicinity of Laurel Street and Dexter Avenue in Watertown, Massachusetts, where Watertown Police officers located them and tried to apprehend them. The indictment alleges that the brothers fired at the police officers and used four additional IEDs against them; then, Tsarnaev re-entered the carjacked vehicle, drove it directly at the officers, and ran over his brother as he managed to escape. Tsarnaev is alleged to have hidden in a dry-docked boat in a Watertown backyard until his arrest the following night.

Seventeen of the charges authorize a penalty of up to life in prison or the death penalty. The remainder authorize a maximum penalty of life in prison or a fixed term of years. Tsarnaev is scheduled to be arraigned on July 10, 2013.

U.S. Attorney Carmen M. Ortiz; Middlesex County, Massachusetts District Attorney Marian T. Ryan; Suffolk County, Massachusetts District Attorney Daniel F. Conley; Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Division; Boston Police Commissioner Edward Davis; Colonel Timothy P. Alben, Superintendent of the Massachusetts State Police; Kenneth J. Croke, Acting Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Boston Field Division; and Bruce M. Foucart, Special Agent in Charge of U.S. Immigration and Customs Enforcement-Homeland Security Investigations (ICE-HSI) in Boston, made the announcement today during a press conference.

This investigation was conducted by the FBI’s Boston Division, the Boston Police Department, the Massachusetts State Police, and member agencies of the Boston Joint Terrorism Task Force, which is composed of more than 30 federal, state, and local law enforcement agencies, including the ATF, ICE-HSI, U.S. Marshals Service, U.S. Secret Service, the Massachusetts Bay Transit Authority, and others. In addition, the Watertown Police Department, the Cambridge Police Department, the MIT Police Department, the Boston Fire Department, the National Guard, and police, fire, and emergency responders from across Massachusetts and New England played critical roles in the investigation and response.

This case is being prosecuted by Assistant U.S. Attorneys William Weinreb and Aloke Chakravarty of the U.S. Attorney’s Office for the District of Massachusetts’ Anti-Terrorism and National Security Unit; Nadine Pellegrini, Chief of its Major Crimes Unit; and Trial Attorneys of the U.S. Department of Justice’s National Security Division’s Counterterrorism Section and its Criminal Division.

The details contained in the indictment are allegations. The defendant is presumed to be innocent unless and until proven guilty beyond a reasonable doubt in a court 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.


F.B.I. Arrests Second Suspect in Bomb Plot Against Bank

October 19, 2012

The New York Times on October 18, 2012 released the following:

“By MOSI SECRET

The Bangladeshi man who was arrested Wednesday on charges that he plotted to blow up the Federal Reserve Bank of New York had an accomplice in San Diego, who was arrested later on unrelated child-pornography charges, a law enforcement official said on Thursday.

The man described as the accomplice, Howard Willie Carter II, was arrested after an agent with the Federal Bureau of Investigation found 1,000 images and three video files containing child pornography on a laptop and hard drive in the trash near Mr. Carter’s apartment, according to a government document. Officials used material stored on the computer to trace it back to Mr. Carter.

The computer also contained e-mails addressed to “Yaqeen,” a name that Brooklyn prosecutors said Mr. Carter had used in the plot to bomb the Federal Reserve building.

On Wednesday, federal prosecutors in Brooklyn charged the Bangladeshi man, Quazi Mohammad Rezwanul Ahsan Nafis, 21, with conspiring to use weapons of mass destruction and with providing material support to Al Qaeda. They said he had tried to detonate what he believed was a 1,000-pound bomb hidden in a van parked near the Federal Reserve building, on Liberty Street, in the financial district.

Mr. Nafis had been under surveillance for months as part of an elaborate sting operation. An undercover officer gave him fake bomb material that could not have exploded. Mr. Nafis met several times with the undercover officer to plan the attack, and mentioned that he was collaborating with Yaqeen, who was identified in the complaint as a co-conspirator.

In July, the complaint against Mr. Nafis said, he told the undercover agent that Yaqeen had told him about a military base in Baltimore, with only one guard standing outside, that they could attack.

Mr. Carter had been placed under surveillance in San Diego as early as August, according to court documents in the pornography case. A federal agent there found the computer involved in that case on Aug. 16, but officials waited until after Mr. Nafis’s arrest to arrest Mr. Carter. Mr. Nafis arrived in the United States in January on a student visa. Prosecutors said he later tried to recruit people to form a terrorist cell and contacted a confidential informer who introduced him to the undercover agent.

On Wednesday morning, Mr. Nafis and the agent parked a van filled with what Mr. Nafis was led to believe was a bomb in front of the Federal Reserve building, according to the complaint against him. They went to a nearby hotel, where Mr. Nafis tried to detonate it by dialing a number on his cellphone, the complaint said. Then he was arrested.”

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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.


Uncle Sam fabricates crimes due to political agenda – Bout

May 14, 2012

RT.com on May 13, 2012 released the following:

“Convicted arms trafficker Victor Bout told RT in an exclusive interview his case is purely political. Bout says his false conviction exposes America’s justice system as one of a police state on the brink of dictatorship.

Bout, who continues to maintain his innocence, is serving 25 years for conspiring to kill US citizens and sell arms to Colombian militants.

This week, it was decided that Bout will be sent from a New York prison to a super-maximum security prison, despite his trial judge recommending medium-security confinement.

The Colorado prison is known as the ‘Alcatraz of the Rockies’, and houses America’s most-dangerous and violent criminals. Bout’s lawyer is fighting to overturn the decision.

RT: You are sentenced to a quarter of a century behind bars. What does it feel like?

Viktor Bout: They can put physically your body in jail but they cannot jail your spirit. If your spirit is free and you understand what freedom is – it is impossible to break you down to your knees. I know I did not commit anything to get that punishment. Whatever they allege me as crimes – these crimes would never exist, unless the US government would invent that crime.

They labeled that conspiracy with “kill Americans” which works like a magic bullet for the jury here. The trial was very similar to medieval witch-hunt trials of inquisition when you must confess that you did bad things.

I understand the reality. I try to bring the message to my friends and my family, to the Russian people: listen, what is happening to me is a pure political case.

RT: You’re in a process of appeal and you’ve also asked Russia’s State Duma to file a complaint against the US and Thailand. What are you hoping for legally and politically?

VB: Legally the lawyers would know better the precedent of American law and what my perspectives are and what they are going to do. But I have almost no hope because this system works so that once you’re put under judicial decisions – no judge, even the Supreme Court, would ever cancel that. Because this is a “truth in Über state”. Nobody can ever reconsider that decision. [In the US] it is accepted that juries cannot fail.

RT: We know you’re about to be transferred to prison in Colorado. Considering your family and lawyer are in New York, will this affect you a lot, this transfer?

VB: They are trying to put me in the most notorious underground jail in the mountains hidden underground so I could never see daylight again as a punishment. For them this is a chance to create more obstacles to a proper appeal.

RT: You said in court to the jury and DEA agents: “God knows the truth, you know the truth.” What is your message to the US officials today, maybe the US president?

VB: I have a message to the US president: “If you keep using those thugs named DEA agents who invent crimes, this would not help America to really solve the problem of drug wars. But instead of going to the real problem they would just create crimes because there is no danger for them to go to those who do not hide, provoke them, do their dirty tricks and frame people up instead of solving real problems with real drug traffickers.

RT: It has been reported you knew you were dealing with undercover agents, not FARC members, at the time of your arrest. Is this the case?

VB: I was not sure who they are. For me they were very strange people and by their posing I understood right away they have nothing to do with FARC at all.

RT: You were dubbed the ‘Merchant of Death’ – do you think this nickname affected your case more than it should have?

VB: Of course. This is what the entire story is about. First you create a myth, then you bring in people who already saw the movie… My company was doing transportation, but that was legitimate contracts with legitimate governments with all the formalities done properly.

RT: Why do you think they went after you?

VB: For them it does not matter whom they are going to pick up. The mass media is spoon-feeding the American population so they do not care whom they pick up.

RT: You’ve seen the movie about yourself with Nicolas Cage playing you. What do you think about his performance?

VB: I feel sorry for him because it is a very mediocre movie. I do not even think it is interesting to watch or that it is a fair representation of the problems of Africa.

RT: If you knew you’d be serving 25 years behind bars, would you act differently?

VB: I do not regret nothing in my life and I can face anything I did because I didn’t do anything wrong in my life.

RT: If you were a free man right now, do you know what you would be doing? Would you start something new?

VB: Of course. I’m already locked-up for four years behind bars by Uncle Sam. My life is ruined completely. I don’t have any money left at all. They have not only closed my company, but put executive orders claiming $3 billion from me.

I’m asking a challenging president of the US: show the proof that I ever owned those billions! At least I know where to get money for my defense team.

If you repeat something a thousand times – it becomes the truth. This is the recipe used by the US administration, just like they did with weapons of mass destruction in Iraq.

RT: Critics of your case have been saying it is anti-Russian. Is it the case?

VB: Of course it is anti-Russian. Look at what happened in Thailand during the extradition procedure. The criminal court of Bangkok denied the extradition. They applied tremendous pressure on the government of Thailand and actually bought me out, not extradited. We submitted an appeal to the Thai court and it is still not finished. The pressure was so huge they had to pass me to the American side. My case is still on the shelves in Thailand.

If there is a political will of the Thai government and they want to prove they have real, not mock, justice, and that they are not a colony of the US – they have to do a decision on my case.

RT: Will there be more ‘manufactured crimes’ when foreigners are brought unlawfully to American soil?

VB: The FBI and the DEA are manufacturing crimes regularly. I closely monitor such cases… This is how they fight their war on terror, because terror is not a state or a person.

RT: You said you’ll be able to return home earlier than your term is over. How is that?

VB: My case is purely political. Despite the American procedures the Russian public knows the truth.

My case shows the real condition of the American justice system of a police state close to dictatorship.”

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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.


Militia members acquitted of plotting to overthrow government

March 28, 2012

Los Angeles Times on March 28, 2012 released the following:

“A federal judge’s ruling disparages the government case against seven members of the Hutaree militia in Michigan. Two of the defendants still face lesser charges.

By Times Wire Services

DETROIT — In a sharp rebuke, a federal judge Tuesday acquitted seven members of a Michigan militia of plotting to overthrow the U.S. government with weapons of mass destruction — crimes that could have landed them in prison for life.

The ruling is an embarrassment for the government, which secretly planted a paid informant and an FBI agent inside the Hutaree militia four years ago and contended that members were armed for war in rural southern Michigan. Nine members were arrested in 2010. One previously pleaded guilty, and one was found incompetent to stand trial.

U.S. District Judge Victoria Roberts said federal prosecutors, who rested their case last week, failed in five weeks of trial to prove that the Hutaree had a specific plan to kill a police officer and attack law enforcement personnel who showed up for the funeral.

Although testimony showed that Hutaree leader David Stone Sr. “may have wanted to engage in a war with the federal government … it is totally devoid of any agreement to do so between Stone and the other defendants,” Roberts wrote in a 28-page decision.

“This plan is utterly short on specifics,” the judge said, adding that “it is a stretch to infer that other members of the Hutaree knew of this plan, and agreed to further it.”

Defense lawyers say highly offensive remarks about police and the government were wrongly turned into a high-profile criminal case that drew public praise from U.S. Atty. Gen. Eric H. Holder Jr., who called the Hutaree a “dangerous organization.”

Roberts’ decision leaves federal prosecutors with what legal experts described as a “run of the mill” illegal firearms case against Stone, 47, and his son Joshua Stone, 24. They still face charges of possession of a machine gun and an unregistered firearm, which carry a maximum penalty of 10 years in prison.

The judge acquitted the five other defendants, including another son, David Stone Jr.

All defendants were acquitted of the most serious charges: seditious conspiracy, which carried a maximum penalty of 20 years in prison, and conspiring to use weapons of mass destruction, which carries a maximum penalty of life in prison. The judge also acquitted them of five lesser counts.

Attorney William Swor, who is representing Stone Sr. and visited him in the Wayne County Jail, said his client was grateful.

“He was quiet. He thanked God. He thanked the defense attorneys,” Swor told the Detroit Free Press. “And he shed a tear.”

Legal experts said prosecutors can’t appeal Roberts’ decision, which is equivalent to a jury’s acquittal.

“She stepped in and took the role of a jury,” said Wayne State University law professor Peter Henning, a former federal prosecutor. “It’s as if the jury acquitted them, and there can be no appeal of a jury acquittal.”

The U.S. attorney’s office declined to comment, pending the outcome of the trial against the remaining two defendants. The trial resumes Thursday.”

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

Federal Crimes – Be Careful

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.


F.B.I. Focusing on Security Over Ordinary Crime

August 25, 2011

The New York Times on August 23, 2011 released the following:

“By CHARLIE SAVAGE

WASHINGTON — Agents of the Federal Bureau of Investigation have been more likely to be hunting for potential threats to national security than for ordinary criminals in recent years, but much of the time found neither, according to newly disclosed internal information.

Data from a recent two-year period showed that the bureau opened 82,325 assessments of people and groups in search for signs of wrongdoing. Agents closed out most of the assessments, the lowest-level of F.B.I. investigation, without finding information that justified a more intensive inquiry.

Separately, the bureau also initiated 1,819 assessments during the period to identify any possible threats within particular geographic districts. That activity ranged from looking for the presence of particular organizations, like gangs or terrorist groups with definable characteristics, to evaluating other potential vulnerabilities, like a university with classified research and many foreign students.

The data, obtained by The New York Times under the Freedom of Information Act, offers a panoramic view of the bureau’s activities toward the end of a decade-long effort to transform the F.B.I. from a law-enforcement agency focused on solving crimes to a domestic intelligence agency whose mission is to detect potential threats before they can reach fruition.

The disclosure, covering March 25, 2009, to March 31, 2011, focused on assessments, which an agent may open “proactively or in response to investigative leads” and without first having a particular factual basis for suspecting a target of wrongdoing, according to the F.B.I. manual. Former Attorney General Michael Mukasey issued guidelines for the bureau creating that category in 2008.

During an assessment, agents may use a limited set of techniques, including searching databases about targets, conducting surveillance of their movements and sending a confidential informant to an organization’s meetings. But to use more intrusive techniques, like secretly reading e-mail, agents must open a more traditional “preliminary” or “full” investigation. Such inquiries require agents to first have a greater reason to start scrutinizing someone: either an “information or allegation” or an “articulable factual basis” indicating possible wrongdoing.

According to the data, during the 2009-11 period agents opened 42,888 assessments of people or groups to see whether they were terrorists or spies. A database search in May 2011 showed that 41,056 of the assessments had been closed. Information gathered by agents during those assessments had led to 1,986 preliminary or full investigations.

The data also showed that agents initiated 39,437 assessments of people or groups to see whether they were engaged in ordinary crime. Of those, 36,044 had been closed, while 1,329 preliminary or full investigations had been opened based on the information gathered.

Michael German, a former F.B.I. agent who is now with the American Civil Liberties Union, said the high number of assessments relative to the number that developed into more intensive investigations was cause for concern. He noted that the F.B.I. retained the data it collects about a target, even if the person or group turns out to be innocent.

“It’s clear the F.B.I. is casting its investigative net too broadly,” Mr. German said. “And remember that only a small proportion of ‘preliminary’ investigations become ‘full’ investigations, and only a small percentage of full investigations result in criminal charges. This data makes it clear that the ‘assessment’ authority granted in the attorney general guidelines is far too broad.”

But Valerie E. Caproni, the F.B.I. general counsel, said that the data showed that agents had been able to dispose of about 96 percent of the low-grade reasons they might have had for suspecting someone of wrongdoing, like a vague tip or some other ambiguous lead, using “low intrusion techniques” rather than by opening a potentially more invasive preliminary investigation.

The new investigation standards, Ms. Caproni said, “end up being privacy protective because previously, without a well-developed, robust assessment category, many if not most of those would have been opened as preliminary investigations.”

The newly disclosed data roughly matched a far more limited disclosure earlier this year about assessments of people and groups generated in late 2008 and early 2009, but the latest data covered a longer period and included additional detail. The data also bolsters the F.B.I.’s assertion that since the Sept. 11 attacks, the bureau has taken low-grade tips about national security threats more seriously than similarly vague and seemingly implausible leads about possible criminal activity. The 39,437 criminal assessments were based on 73,303 complaints received by the F.B.I., indicating that about half of the time, agents merely filled out a complaint form but saw nothing worth following up on.

In contrast, the disclosure did not offer a separate number of national security complaints, suggesting that some were not followed up with an assessment. The bureau says its policy calls for every national security-related tip, no matter how dubious, to be investigated. Still, Ms. Caproni cautioned that the assessment data did not offer a complete view of the F.B.I.’s activities. For example, she said, if the Central Intelligence Agency told the bureau that an overseas source had provided a specific claim about a terrorist cell operating inside the United States, agents would immediately open a more intensive investigation rather than starting with an assessment.

She also cautioned that some details about the numbers might be fuzzy. In the past, for example, the F.B.I. has noted that one assessment may uncover information that leads to more than one preliminary investigation. At the same time, agents may occasionally have neglected, when opening a preliminary investigation, to record the fact that it developed out of an assessment.

The new data also showed that while the agency has opened fewer assessments looking for broader intelligence about possible threats and vulnerabilities within a district, a category it calls Type 3 assessments, it has been slower to close them. Of the 1,819 it had opened during the period, 1,056 were open by May.

Those figures covered Type 3 assessments generated both by national security programs — like domestic and international terrorism, weapons of mass destruction and counterintelligence — and criminal programs, like civil rights, gangs, organized crime, violent crime and white-collar crime. The F.B.I. censored the specific breakdown for each category. The data release comes as the F.B.I. is preparing to issue agents a new version of its manual, the Domestic Investigations and Operations Guide, that will relax some rules about the techniques allowed at the assessment stage. Ms. Caproni said the new rulebook is at the printer now, and a partly redacted version is likely to be released to the public at the same time it takes effect around mid-October.”

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

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

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

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