june 21, 2011 - the federal crimes watch daily

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Federal Criminal Defense Lawyers www.McNabbAssociates.com Tuesday, June 21, 2011 U.S. Army Sergeant and Associate Indicted by a Federal Grand Jury for Alleged Bribery Scheme Involving Contracts at Camp Arifjan in Kuwait McNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) Submitted at 5:09 PM June 21, 2011 The Department of Justice (DOJ) on June 21, 2011 released the following press release: “WASHINGTON – An 11-count indictment unsealed today in federal court in Wheeling, W.V., charges an Army sergeant first class and his associate for their alleged roles in a bribery and money laundering scheme at Camp Arifjan, a U.S. military base in Kuwait, announced Assistant Attorney General Lanny A. Breuer of the Justice Department’s Criminal Division and U.S. Attorney William J. Ihlenfeld II for the Northern District of West Virginia. The indictment, returned by a federal grand jury in the Northern District of West Virginia on June 8, 2011, charges Sergeant First Class Richard Evick, 41, of Parsons, W.V., with receiving more than $170,000 in bribes from two firms that had contracts with the U.S. Department of Defense (DoD) in Kuwait. The indictment also charges Evick and his associate, Crystal Martin, 48, of Pontiac, Mich., with laundering the bribe money through bank accounts in Kuwait and the United States. Evick and Martin were arrested today by FBI agents. Martin made her initial appearance today in Detroit before U.S. Magistrate Judge Mona K. Majzoub of the Eastern District of Michigan. Evick is expected to ma ke his initial appearance tomorrow in Raleigh, N.C., before U.S. Magistrate Judge James E. Gates of the Eastern District of North Carolina. The indictment alleges that Evick, a senior procurement non-commissioned officer who served at Camp Arifjan from February 2005 to December 2006, along with former Majors James Momon and Christopher Murray, awarded Army contracting business and improperly disclosed contracting information to two firms that were seeking contracts from the U.S. military. According to the indictment, as a result of the actions taken by Evick, Momon and Murray, these firms received nearly $25 million from contracts to deliver bottled water and other commodities to U.S. military bases in Iraq and Kuwait, as well as to paint and clean DoD facilities in Kuwait. In exchange, Evick, Momon and Murray allegedly received cash, airplane tickets, hotel accommodations, and the ability to conceal large amounts of cash in a hidden safe located in the villa of Wajdi Rezik Birjas, a DoD contract employee who worked in the host nation affairs office at Camp Arifjan. The indictment also alleges that Evick entrusted his bribe money to Martin, a former Army master sergeant, who from October 2005 to December 2008, operated a concession to sell clothing and other items at various U.S. military bases in Kuwait and maintained bank accounts in Kuwait and the United States. The indictment alleges that Martin arranged to transfer the bribe money from Kuwait to the United States and into the possession of Evick, his wife and his girlfriend. Additionally, the indictment alleges that Evick and Martin assisted Momon’s efforts to retrieve between $200,000 and $250,000 of Momon’s bribe money from Birjas and to transfer that money from Kuwait to the United States. Evick is charged with one count of conspiracy to commit bribery, two substantive bribery counts, one count of conspiracy to commit money laundering, six substantive money laundering counts and one count of obstructing an agency proceeding. If convic ted, he faces up to five years in prison on the bribery conspiracy charge, 15 years in prison for each of the bribery counts, 20 years in prison for the money laundering conspiracy count and each of the substantive money laundering counts and five years in prison on the obstruction charge. Martin is charged with one count of conspiracy to commit bribery and four substantive money laundering counts. She faces up to 20 years in prison for the money laundering conspiracy count and each of the substantive money laundering counts. Evick and Martin also face fines and a term of supervised release, if convicted. The indictment also seeks the forfeiture of any property or money involved in the alleged offenses. Momon, Murray and Birjas have pleaded guilty to crimes relating to their activities at Campr Arifjan and are awaiting sentencing. As a result of this investigation, 17 individuals have pleaded guilty or been found guilty at trial for their roles in the corruption at Camp Arifjan, and four others, including Evick and Martin, are awaiting trial. An indictment is merely an accusation and defendants are presumed innocent unless and until proven guilty at trial beyond a reasonable doubt. The case is being prosecuted by Trial Attorneys Peter C. Sprung and Timothy J. Kelly of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Robert McWilliams of the U.S. Attorney’s Office for the Northern District of West Virginia. The ongoing investigation is being handled by the Army Criminal Investigation Division, Defense Criminal Investigation Service, FBI and the Special Inspector General for Iraq Reconstruction.” To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at [email protected] or at one of the offices listed above.

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Federal Criminal Defense Lawyers www.McNabbAssociates.comTuesday, June 21, 2011

U.S. Army Sergeant and Associate Indicted by aFederal Grand Jury for Alleged Bribery SchemeInvolving Contracts at Camp Arifjan in KuwaitMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 5:09 PM June 21, 2011

The Department of Justice (DOJ) on June21, 2011 released the following pressrelease:“WASHINGTON – An 11-count

indictment unsealed today in federal courtin Wheeling, W.V., charges an Armysergeant first class and his associate fortheir alleged roles in a bribery and moneylaundering scheme at Camp Arifjan, aU.S. military base in Kuwait, announcedAssistant Attorney General Lanny A.Breuer of the Justice Department’sCriminal Division and U.S. AttorneyWilliam J. Ihlenfeld II for the NorthernDistrict of West Virginia.The indictment, returned by a federal

grand jury in the Northern District of 

West Virginia on June 8, 2011, chargesSergeant First Class Richard Evick, 41, of Parsons, W.V., with receiving more than$170,000 in bribes from two firms thathad contracts with the U.S. Department of Defense (DoD) in Kuwait. Theindictment also charges Evick and hisassociate, Crystal Martin, 48, of Pontiac,Mich., with laundering the bribe moneythrough bank accounts in Kuwait and theUnited States. Evick and Martin werearrested today by FBI agents. Martinmade her initial appearance today inDetroit before U.S. Magistrate Judge

Mona K. Majzoub of the Eastern Districtof Michigan. Evick is expected to makehis initial appearance tomorrow inRaleigh, N.C., before U.S. MagistrateJudge James E. Gates of the EasternDistrict of North Carolina.The indictment alleges that Evick, a

senior procurement non-commissionedofficer who served at Camp Arifjan fromFebruary 2005 to December 2006, alongwith former Majors James Momon andChristopher Murray, awarded Armycontracting business and improperly

disclosed contracting information to twofirms that were seeking contracts from theU.S. military. According to the

indictment, as a result of the actions takenby Evick, Momon and Murray, these firmsreceived nearly $25 million from contractsto deliver bottled water and othercommodities to U.S. military bases in Iraqand Kuwait, as well as to paint and cleanDoD facilities in Kuwait. In exchange,

Evick, Momon and Murray allegedlyreceived cash, airplane tickets, hotelaccommodations, and the ability toconceal large amounts of cash in a hiddensafe located in the villa of Wajdi Rezik Birjas, a DoD contract employee whoworked in the host nation affairs office atCamp Arifjan.The indictment also alleges that Evick 

entrusted his bribe money to Martin, aformer Army master sergeant, who fromOctober 2005 to December 2008, operateda concession to sell clothing and other

items at various U.S. military bases inKuwait and maintained bank accounts inKuwait and the United States. Theindictment alleges that Martin arranged totransfer the bribe money from Kuwait tothe United States and into the possessionof Evick, his wife and his girlfriend.Additionally, the indictment alleges thatEvick and Martin assisted Momon’sefforts to retrieve between $200,000 and$250,000 of Momon’s bribe money fromBirjas and to transfer that money fromKuwait to the United States.Evick is charged with one count of 

conspiracy to commit bribery, twosubstantive bribery counts, one count of conspiracy to commit money laundering,six substantive money laundering countsand one count of obstructing an agencyproceeding. If convicted, he faces up tofive years in prison on the briberyconspiracy charge, 15 years in prison foreach of the bribery counts, 20 years inprison for the money launderingconspiracy count and each of thesubstantive money laundering counts andfive years in prison on the obstruction

charge.Martin is charged with one count of conspiracy to commit bribery and four

substantive money laundering counts.She faces up to 20 years in prison for themoney laundering conspiracy count andeach of the substantive money launderingcounts. Evick and Martin also face finesand a term of supervised release, if convicted. The indictment also seeks the

forfeiture of any property or moneyinvolved in the alleged offenses.Momon, Murray and Birjas have pleaded

guilty to crimes relating to their activitiesat Campr Arifjan and are awaitingsentencing.As a result of this investigation, 17

individuals have pleaded guilty or beenfound guilty at trial for their roles in thecorruption at Camp Arifjan, and fourothers, including Evick and Martin, areawaiting trial.An indictment is merely an accusation

and defendants are presumed innocentunless and until proven guilty at trialbeyond a reasonable doubt.The case is being prosecuted by Trial

Attorneys Peter C. Sprung and Timothy J.Kelly of the Criminal Division’s PublicIntegrity Section and Assistant U.S.Attorney Robert McWilliams of the U.S.Attorney’s Office for the Northern Districtof West Virginia. The ongoinginvestigation is being handled by theArmy Criminal Investigation Division,Defense Criminal Investigation Service,FBI and the Special Inspector General for

Iraq Reconstruction.”To find additional federal criminal news,

please read The Federal Crimes WatchDaily.Douglas McNabb and other members of 

the U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is Douglas

McNabb. Please feel free to contact himdirectly at

[email protected] or at oneof the offices listed above.

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2 Federal Criminal Defense Lawyers

ATF Director to Resign, Agency Sources SayMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 10:30 AM June 21, 2011

Kenneth E. Melson, acting director of theBureau of Alcohol, Tobacco, Firearms

and Explosives, in 2009. (Eric Gay / Associated Press / August 13, 2009)Los Angeles Times on June 21, 2011released the story:“ Kenneth E. Melson’s exit would be thebiggest response yet to the uproar over anoperation that allowed the sale of weaponsto suspected agents of Mexican drugcartels.By Richard A. Serrano and Kim Murphy,Los Angeles TimesThe acting director of the federal Bureauof Alcohol, Tobacco, Firearms andExplosives is expected to step down

because of a controversial gun-runninginvestigation that allowed weapons to besold to suspected agents of Mexican drugcartels, according to two sources insidethe agency.Kenneth E. Melson’s resignation, whichcould happen as early as this week, is themost significant repercussion yet from agrowing public outcry over the code-named Fast and Furious operation, underwhich ATF agents watched while strawpurchasers acquired more than 1,700 AK-47s and other high-powered rifles from

Arizona gun dealers and delivered them toothers.Hundreds of the weapons turned up atcrime scenes in Mexico and the U.S.,including in southern Arizona lastDecember where a Border Patrol agentwas shot to death.At a House hearing last week, internalgovernment documents showed thatMelson was closely involved inoverseeing the operation and receivedweekly briefings. Documents released byCongress showed that he asked for andreceived log-in information and a link to

an Internet feed so that he could watchsome of the illegal straw purchases takingplace in an Arizona gun store.Melson became acting director in April2009 and has remained in place becausegun rights groups have held upconfirmation of the proposed permanentdirector, Andrew Traver, head of theATF’s Chicago field office.“Traver has been deeply aligned with guncontrol advocates and anti-gun activities,”the National Rifle Assn. said in January.“This makes him the wrong choice to lead

an enforcement agency that has almostexclusive oversight and control over thefirearms industry, its retailers andconsumers.”Sources in the agency, who asked not tobe identified because the processremained fluid, said Traver could not

serve as acting director while hisnomination remained under consideration.So it was not clear whether Traver wouldstep in immediately or whether someoneelse would be named acting director.“Melson is out,” one source said. “Traveris flying into Washington to meet with theJustice Department,” the ATF’s parentagency. “The administration still favors

him because he will do what theDepartment of Justice instructs him todo.”But the source said that Traver, althoughclose to Obama through their Chicagoconnections, did not have “the rank andfile” support from agents around thecountry.“We need someone permanent in thatslot,” the source said. “It’s been five yearssince we’ve had a permanent director.That’s the rub.”A second source, also speaking on the

condition of anonymity, said “the feelingon the inside is that Melson is going toresign and that they will have Traver inplace in Washington to do a pressconference and show there is no gap in theleadership.”Officially, the ATF declined to addressthe reports.“Melson continues to be focused onleading ATF in its efforts to reduceviolent crime and to stem the flow of firearms to criminals and criminalorganizations,” Scot Thomasson, theagency’s chief spokesman, said Monday.

“We are not going to comment on anyspeculations” about his status as head of the agency.Melson’s resignation would mark themost significant response yet to the outcryover Fast and Furious. But it wouldprobably fall far short of resolvingquestions in Congress and amongMexican lawmakers over who authorizedthe operation.In interviews with The Times, severaldisgruntled agents have said they weretold the operation had been approved at

the highest levels in Washington.The operation marked a rare instance inwhich ATF agents allowed guns to “walk”into the hands of criminals, ostensiblywith the goal of catching higher-ups ingun-trafficking organizations.“We want to know what felony stupid bad

 judgment led to allowing thisinvestigation at the highest levels,” Rep.Darrell Issa (R-Vista), chairman of theHouse Committee on Oversight andGovernment Reform, said at last week’s

hearing.Sen. Charles E. Grassley (R-Iowa),ranking member of the Senate JudiciaryCommittee, said in a statement Mondaythat Melson’s departure would not clearup his committee’s questions.“It would be a shame if the JusticeDepartment makes Mr. Melson the onlyfall guy for this disastrous strategy —there’s plenty of blame to go around atboth the ATF and the JusticeDepartment,” Grassley said in a statement.“A resignation by the acting directorwould be, by no means, the end of our

inquiry. Congressman Issa and I are eagerto talk to Mr. Melson and hear his side of the story as soon as possible.”A clue to where the congressionalinquiries are going might lie in a sealeddocument that was inadvertently releasedpartially because of the investigation. Thedocument makes it clear that at least onewiretap application under Fast andFurious, in March 2010, was signed byAssistant Atty. Gen. Lanny A. Breuer,head of the Justice Department’s criminaldivision.

Department officials reacted angrilywhen the document’s heavily redactedcover letter was recently made public,saying it justified their refusal to turn overother sensitive documents.One ATF source, speaking anonymouslybecause he was not authorized to speak publicly, called Melson a career JusticeDepartment attorney who “got terribleadvice from his inner circle. Ken Melsonis an attorney. He was not raised as anagent. …If you spend just 10 minutes inour academy for new agents, you knowour mission is to deny guns to criminals.

And yet they told Melson this was OK.”Three agents from ATF’s Phoenix officetestified before Issa’s committee last week that they had repeatedly objected but weretold to back off surveillance once the gunswere transferred to third parties.“Several special agents in the group,including myself, became increasinglyconcerned and alarmed at [Phoenixmanagement's] refusal to address or stopthe suspected straw purchaser frompurchasing additional firearms,” AgentOlindo James Casa told the committee.

“On several occasions I personallyrequested to interdict or seize firearms insuch a manner that would only further theinvestigation,” he said, “but I was always[ordered] to stand down and not to seize

Federal Criminal

ATF page 3

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3Federal Criminal Defense Lawyers

Magistrate Judges: “Indispensable Resource” forFederal CourtsMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 5:27 PM June 21, 2011

The U.S. Courts – The Third Branch inJune 2011 released the following:“U.S. magistrate judges have beenessential to federal court operations fordecades, but in fiscal year 2010, theircontributions reached new heights as theyhandled more than 1 million matters.“Magistrate judges are an indispensableresource,” said Judge George King (C.D.Calif.), who chairs the JudicialConference’s Committee on theAdministration of the Magistrate JudgesSystem. “Quite simply, the federal trial

courts would not be able to functionwithout the magistrate judges whoconduct all the important preliminaryproceedings in criminal cases and performa wide range of duties in civil cases.”One of King’s predecessors as theCommittee chair, Judge Philip Pro (D.Nev.) agrees. “I would characterize therole of a magistrate judge asfundamentally important,” he said. “Theunprecedented growth of caseloads infederal court over the past half century,together with the complexity of many of those cases and the litigation process

itself, has spurred reliance on magistrate judges to undertake substantially greaterresponsibilities.”The nation’s 94 federal judicial districtsare served by 528 full-time and 44 part-time magistrate judges. Full-time judgesare appointed to eight-year terms, and part-time judges to four-year terms, by district judges in their district. The terms can berenewed.Magistrate judges preside over federalmisdemeanor cases, handle preliminarymatters in felony cases, and are usually

the first judicial officer a criminaldefendant sees after arrest or indictment.In most districts, magistrate judges alsohandle pretrial motions and hearings incivil cases and felony criminal cases,

which are eventually turned over todistrict judges for final disposition.However, at least 27 district courts

include magistrate judges on the civil caseassignment wheel for direct, randomassignment of a portion of cases to themas the presiding judge, subject to theparties’ consent or request forreassignment to a district judge.In FY 2010, magistrate judges (the jobtitle was changed from magistrates in1990) disposed of 12,470 civil cases withthe consent of the parties and 116,983misdemeanor and petty offense cases,took on 192,531 additional duties incriminal cases and 260,796 additional

duties in civil cases, drew 21,878 prisonerlitigation assignments, handled 368,157preliminary proceedings and another54,376 miscellaneous tasks—a record1,027,191 matters in all, a 4.5 percentincrease over the previous fiscal year.“Although magistrate judges cannot fullycompensate for an insufficient number of district judges,” said King, “magistrate judges perform critical duties to ensure thetimely adjudication of both civil andcriminal cases.”His court, based in Los Angeles, recentlyrenewed its Magistrate Judge Civil

Consent Pilot Project for an additional twoyears. Established in 2008, the pilotassigns full-time magistrate judges with atleast three years on the bench two civilcases each month. If all parties timelyconsent in writing to the magistrate judge’s exercise of civil jurisdiction, thecase remains with that judge for allpurposes—including trial and entry of afinal judgment. (The district has 24authorized full-time and one part-timemagistrate judge positions.)In a statement announcing the pilot’s

extension, the district court said: “Theproject furthers the court’s core mission of the timely administration and justadjudication of all matters before thecourt.”

Worth noting is one phenomenonregarding magistrate judges: they oftenare appointed to lifetime jobs as Article III

 judges, nominated by the President andconfirmed by the Senate. As of June 1, atotal of 143 magistrate judges have beenappointed as Article III judges. That totalincludes Judges King and Pro.Pro explained those numbers as“consistent with the evolution of themagistrate judges system over the past 40years.”“The varied duties of magistrate judgesand their flexible utilization throughoutthe country well qualify them to undertakeArticle III responsibilities,” he said.

“Equally important, the system providesan arena in which magistrate judgesroutinely demonstrate their ability to do soin a manner which makes them crediblecandidates for nomination to district andcircuit judgeships.”King added that magistrate judges,through their service, offer “a reliableyardstick by which to measure thecandidates’ qualifications . . . a proventrack record as judicial officers.”“They carry a judicial footprint from theirbody of work, their commitment to therule of law, their temperament and

demeanor on the bench, and theirdedication to the public service,” he said.”To find additional federal criminal news,please read The Federal Crimes WatchDaily.Douglas McNabb and other members of the U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is DouglasMcNabb. Please feel free to contact him

directly [email protected] or at oneof the offices listed above.

ATFcontinued from page 2

the firearms.”Mexican lawmakers believe that at least150 Mexicans have been killed orwounded with weapons smuggled in theoperation. And the ATF has estimated thatat least 372 of the guns have been

recovered in Arizona and Texas, mainly atcrime scenes.”To find additional federal criminal news,please read The Federal Crimes WatchDaily.Douglas McNabb and other members of the U.S. law firm practice and write

extensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is DouglasMcNabb. Please feel free to contact him

directly [email protected] or at oneof the offices listed above.

Former Hickman County,Tennessee Deputy Sheriff PleadsGuilty to Civil Rights Charges( USDOJ: Justice News  ) 

Submitted at 6:04 PM June 21, 2011

The Justice Department announced thatformer Hickman County Deputy Sheriff 

Kenneth H. Smith, 43, pleaded guiltytoday to violating the rights of two womenby photographing parts of their unclothedbodies under the false pretense that thosephotographs were necessary for an officialinvestigation.

Federal Criminal Justice

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4 Federal Criminal Defense Lawyers

Terrance Clark a Pittsburgh Crips Gang MemberPleads Guilty to Racketeering ChargesMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 9:44 AM June 21, 2011

The Department of Justice (DOJ) on June21, 2011 released the following pressrelease:“WASHINGTON – A Pittsburgh man haspleaded guilty in federal court to chargesof conspiring to conduct a racketeeringenterprise related to his membership in aPittsburgh Crips gang, announcedAssistant Attorney General Lanny A.Breuer of the Justice Department’sCriminal Division and U.S. AttorneyDavid J. Hickton of the Western Districtof Pennsylvania.

Terrance Clark, 22, aka “Doo Wop,”pleaded guilty yesterday before SeniorU.S. District Judge Gustave Diamond toone count of conspiracy to engage in aracketeering enterprise.According to the guilty plea, Clark and

others participated in a pattern of racketeering activity that includedmultiple acts involving robberies at gunpoint; attempted murders; distribution of controlled substances, including cocaine,heroin and crack cocaine; and obstructionof justice and witness intimidation.According to court documents, Clark was

a member of the Northview Heights/ Fineview Crips, a criminal street gangoperating out of the Northview Heightspublic housing facility in the Northsideneighborhood, and in the nearby Fineviewneighborhood of Pittsburgh. The ganghad been operating in the Northside since2002; in 2003, it formed an alliance withthe Brighton Place Crips to expand thegang’s drug trafficking territory andincrease the gang’s capability forviolence.The Brighton Place/Northview Heights

Crips gang maintains exclusive controlover drug trafficking in theseneighborhoods through continuousviolence and intimidation of rivals and

witnesses. Members of the gang supporteach other through payment of attorneys’fees and bonds, as well as payments to jail

commissary accounts and supportpayments to incarcerated members’families.In addition, the Brighton Place/Northview

Heights Crips gang maintains an ongoingfeud with the Manchester OriginalGangsters, a criminal street gang locatedin the Manchester area of the NorthsideSection of Pittsburgh. Brighton Place/ Northview Heights Crips gang membersidentify themselves by wearing blue,using Crips gang hand signals, and usingphrases such as “Cuz,” “C-Safe,” “Loc”

and “G.K.” According to courtdocuments, members and associates of thegang gain greater authority and prestigewithin the gang based upon theirreputation for violence and their ability toobtain and sell a steady supply of illegaldrugs.According to court documents, Clark 

acted as a “hustler” or distributor of controlled substances, including heroin,cocaine and crack cocaine, for the gang.He also acted as a “soldier/ gorilla” orenforcer for the gang, providing protectionfor the enterprise through the commission

of violent crimes. According toinformation presented in court, Clark anda co-conspirator were responsible for atleast two armed robberies, one of whichinvolved a carjacking. Clark was alsoinvolved in at least two instances relatingto the obstruction of criminalinvestigations, including a homicideprosecution. In addition, in December2007, Clark pointed a firearm at severalBureau of Alcohol, Tobacco, Firearmsand Explosives (ATF) agents and task force officers as they drove an unmarked

car through the Brighton Placeneighborhood seeking to serve a subpoenaon a government witness. Subsequentrecorded telephone conversations from jail

between Clark and his co-conspiratorsshowed that Clark initially believed theoccupants of the vehicle were members of 

a rival gang attempting to shoot at himand his fellow Crips members.Clark is one of 26 defendants charged in

February 2010 with being members of,and conducting racketeering activitythrough, the Brighton Place/NorthviewHeights Crips gang. This prosecutionresulted from a Project SafeNeighborhoods Task Force investigationthat began in 2005. To date, 16 membersof the Brighton Place/ Northview HeightsCrips who were charged in this indictmenthave pleaded guilty to racketeering

charges.Clark faces a maximum sentence of lifein prison and a fine of $250,000. He isscheduled to be sentenced on Oct. 20,2011.This case is being prosecuted by

Assistant U.S. Attorneys Charles A.Eberle and Troy Rivetti of the WesternDistrict of Pennsylvania and TrialAttorney Kevin Rosenberg of theCriminal Division’s Organized Crime andGang Section. The case was investigatedby the ATF; the City of Pittsburgh Bureauof Police; the Allegheny County, Penn.,

Police Department; and the AlleghenyCounty Sheriff’s Office.”To find additional federal criminal news,

please read The Federal Crimes WatchDaily.Douglas McNabb and other members of 

the U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is Douglas

McNabb. Please feel free to contact him

directly [email protected] or at oneof the offices listed above.

Attorney General Eric Holder Speaks at theDepartment of Labor’s Roundtable Discussion on theJob Market( USDOJ: Justice News  ) 

Submitted at 10:36 AM June 21, 2011

"With your unique insights, and yourongoing engagement, I have no doubt thatwe can move forward in meeting the goalsthat we all share: improving public safety;saving precious taxpayer dollars; andensuring that the millions of Americans

who have served their time – and arestruggling to rejoin their communities –are able to become productive members of society, to contribute their skills andtraining to our workforce, to provide forthemselves and their families, and toremain crime-free."

Special Master Sheila L.Birnbaum Announces DraftRegulations to Govern 9/11Victim Compensation Fund( USDOJ: Justice News  ) 

Submitted at 2:25 PM June 21, 2011

One month after assuming the position,September 11th Victim Compensation

Fund (VCF) Special Master Sheila L.Birnbaum today published draftregulations to govern the VCF, and askedthe public to give her feedback on theproposals before victims can beginsubmitting claims to the fund later thisyear.

Federal Criminal Justice

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5Federal Criminal Defense Lawyers

Three FARC Guerillas Convicted in ManhattanFederal Court of Taking a U.S. Citizen HostageMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 12:18 PM June 21, 2011

U.S. Attorney’s Office Southern Districtof New York on June 21, 2011 releasedthe following press release:“PREET BHARARA, the United StatesAttorney for the Southern District of NewYork, announced the convictions of EDILBERTO BERRIO ORTIZ, a/k/a “ElGavilan,” ALEJANDRO PALACIOSRENGIFO, a/k/a “El Gato,” andANDERSON CHAMAPURODOGIRAMA, a/k/a “El Tigre,” forhostage-taking and hostage-takingconspiracy in connection with the April

2008 kidnapping of an American Citizenin Panama by the 57th Front of theFuerzas Armadas Revolucionarias deColombia (“FARC”), a U.S. designatedforeign terrorist organization. Thedefendants were found guilty on June 20,2011, by United States District Judge JEDS. RAKOFF following a bench trial basedon stipulated facts. They were arrested inColombia in December of 2009 andextradited to the United States in late 2010and early 2011. After a prior hearing inthe case, Judge RAKOFF ruled that thedefendants were precluded as a matter of 

law from presenting a defense of duress tothe charges.Manhattan U.S. Attorney PREETBHARARA said: “For ten months thatmust have seemed like a lifetime for himand his family, an American citizen washeld captive by the FARC, not knowing if he would live or die. The FARC will stopat nothing to finance their terroristactivities, and this case underscores thisOffice’s continued commitment toworking with all our law enforcement

partners, both here and abroad, toprosecute those who would do harm toAmericans.”

According to the Indictment unsealed onSeptember 28, 2009, other courtdocuments, and testimony and exhibitsfrom the hearing and trial:The FARC was formed in 1964 and isstructured as a military organization, withapproximately 10,000 armed guerillasorganized into seven “blocs,” 68numbered “Fronts” (including the 57thFront), nine named “Fronts,” and foururban “militias.” It is dedicated to theviolent overthrow of Colombia’sdemocratically-elected government and

has been designated as a foreign terroristorganization by the United StatesDepartment of State.The 57th Front operates in the territorywithin Colombia’s Choco Department,which borders Panama. It supports theFARC’s terrorist activities throughnarcotics trafficking and kidnapping forransom, including the kidnapping of Americans and other foreign nationals.On April 4, 2008, at the direction of 57thFront leadership, an American citizen waskidnapped in Panama City, Panama.ORTIZ, RENGIFO, and DOGIRAMA

guarded the victim while he was held forransom at a FARC jungle camp forapproximately ten months. The ransomwas demanded from the victim’s relativesin the United States, who were told theywould never see him alive again if theransom was not paid. The victim wasreleased in February 2009, after a memberof his family paid the ransom.Although the charges carry a maximumsentence of life in prison, the U.S. hasgiven assurances to the Government of 

Colombia that the defendants will notreceive life sentences. ORTIZ, RENGIFO,and DOGIRAMA are scheduled to be

sentenced by Judge RAKOFF on October,24, 2011.Mr. BHARARA praised the investigativework of the FBI’s Extraterritorial HostageTaking Squad in Miami, the FBI attachéin Panama and Colombia, the DEA’s NewYork Organized Crime Drug EnforcementStrike Force, the Narco-Terrorism Groupof the DEA’s Bogota Country Office, theDEA’s Panama City Country Office, theDepartment of Justice’s Office of International Affairs, and the Departmentof Justice’s National Security Division.

Mr. BHARARA also thanked ColombianNavy, the Colombian National Police, theColombia Attorney General’s Office, andthe Panamanian National Police for theirassistance in the investigation.The prosecution is being handled by theOffice’s Terrorism and InternationalNarcotics Unit. Assistant United StatesAttorneys REBECCA M. RICIGLIANOand JEFFREY A. BROWN are in chargeof the prosecution.”To find additional federal criminal news,please read The Federal Crimes WatchDaily.

Douglas McNabb and other members of the U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL RedNotice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

A Message from the Special

Master for the September 11thVictim Compensation FundTracy Russo ( USDOJ: Justice Blog  ) 

Submitted at 1:28 PM June 21, 2011

Today Sheila L. Birnbaum, the SpecialMaster for the September 11th VictimCompensation Fund sent the followingemail outlining her priorities foradministering the fund. She alsoannounced the posting of draft rules onregulations.gov. Read the email below.For more information on the fund, visit

 justice.gov/vcf ———- Dear Friend,When I was appointed to serve as Special[...]

International Cooperation& Collaboration on AssetForfeitureTracy Russo ( USDOJ: Justice Blog  ) 

Submitted at 12:58 PM June 21, 2011

It is becoming increasingly common forcriminals to commit their crimes in onecountry and launder illicit proceeds inanother. Law enforcement partners fromaround the globe must work together tolocate and forfeit the proceeds of thesecriminal activities, increasing the need forcooperation and collaboration. To fosterthis cooperation and collaboration,forfeiture experts from [...]

U.S. Army Sergeant and

Associate Indicted for AllegedBribe Scheme InvolvingContracts at Camp Arifjan inKuwait( USDOJ: Justice News  ) 

Submitted at 5:18 PM June 21, 2011

An 11-count indictment unsealed today infederal court in Wheeling, W.V., chargesan Army sergeant first class and hisassociate for their alleged roles in abribery and money laundering scheme atCamp Arifjan, a U.S. military base in

Kuwait.

Federal Criminal Justice

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6 Federal Criminal Defense Lawyers

International Cooperation & Collaboration onAsset ForfeitureMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 5:20 PM June 21, 2011

The Department of Justice (DOJ) on June21, 2011 released the following:“It is becoming increasingly common forcriminals to commit their crimes in onecountry and launder illicit proceeds inanother. Law enforcement partners fromaround the globe must work together tolocate and forfeit the proceeds of thesecriminal activities, increasing the need forcooperation and collaboration.To foster this cooperation and

collaboration, forfeiture experts from theUnited States and Latin American

countries are gathering in Lima, Peru, todiscuss the use of asset forfeiture to fightinternational crime, including drug carteloperations in Latin America. The event ishosted by the Asset Forfeiture and MoneyLaundering Section in the JusticeDepartment’s Criminal Division, inpartnership with the Bureau of 

International Narcotics and LawEnforcement (INL) of the U.S.Department of State and the Public

Ministry-Fiscalia de la Nacion of Peru.Many of the countries represented at the

conference have successfully investigatedand assisted in the restraint and forfeitureof criminal funds related to narcoticstrafficking, fraud, smuggling and otherserious crimes. Speakers from Colombia,Mexico and the United States, as well aspanelists from Peru, Paraguay, Brazil andGuatemala, will describe their experiencesin using asset forfeiture as a tool incombating these types of crimes,including sharing successful investigative

techniques and discussing currentchallenges.U.S. Ambassador to Peru Rose M. Likins

and U.S. Deputy Assistant AttorneyGeneral Kenneth Blanco from the JusticeDepartment’s Criminal Division stressedin their opening remarks the importance of international cooperation, the need to

understand national confiscationprocedures throughout the region, and theimportance of fostering international

collaboration to effectively fightorganized crime. Peruvian AttorneyGeneral José Peláez Bardales alsoaddressed the more than 60 attendees of the conference, which is scheduled to runfrom June 21 through June 23, 2011.”To find additional federal criminal news,

please read The Federal Crimes WatchDaily.Douglas McNabb and other members of 

the U.S. law firm practice and writeextensively on matters involving FederalCriminal Defense, INTERPOL Red

Notice Removal, International Extraditionand OFAC SDN List Removal.The author of this blog is Douglas

McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Former Co-Owner of IllinoisTechnology Company Sentencedto Serve One Year and a Day inPrison for Role in Conspiracy to

Defraud the Federal E-RateProgram( USDOJ: Justice News  ) 

Submitted at 2:01 PM June 21, 2011

A former co-owner of an Illinois-basedtechnology company, Global NetworkingTechnologies Inc. (GNT), was sentencedtoday to serve one year and a day inprison for his participation in a conspiracyto defraud the federal E-Rate program.

Former TBW CEOSentenced to 40 Months inPrison for Fraud Scheme( USDOJ: Justice News  ) 

Submitted at 2:20 PM June 21, 2011

The former chief executive officer (CEO)of Taylor, Bean & Whitaker (TBW) wassentenced today to 40 months in prison forhis role in a more than $2.9 billion fraudscheme that contributed to the failure of TBW.

Texas Man Sentenced to Jail inConnection with Kansas Deer

Hunting and Guiding Operation( USDOJ: Justice News  ) 

Submitted at 2:58 PM June 21, 2011

A Texas man was sentenced today infederal court in Wichita on felony chargesof conspiracy, wildlife trafficking andobstruction of justice related to the illegalsale of guided deer hunts in southernKansas.

Massachusetts Man Sentencedto 96 Months in Prison onChild Pornography Charges( USDOJ: Justice News  ) 

Submitted at 4:55 PM June 21, 2011

George H. Lunt, 27, of Plymouth, Mass.,was sentenced today to 96 months inprison, to be followed by five years of supervised release for his transportationand possession of child pornography.

Bloods Gang Member inNashville Pleads Guilty toFederal Racketeering Charges( USDOJ: Justice News  ) 

Submitted at 3:17 PM June 21, 2011

A Nashville, Tenn., man pleaded guiltytoday to conspiring to participate inracketeering activity related to hismembership in the Bloods criminalenterprise.

Owner of Detroit-Area Medical Clinic Sentenced toPrison for Role in $1.12 Million Diagnostic TestingFraud Scheme( USDOJ: Justice News  ) 

Submitted at 5:09 PM June 21, 2011

An owner of a Detroit-area medical clinic

was sentenced today to 15 months inprison for her role in a $1.12 millionMedicare fraud scheme.

Philip Selton Named SpecialAgent in Charge of theIntelligence Division at theWashington Field Office( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

Director Robert S. Mueller, III hasappointed Philip A. Selton special agent incharge of the Intelligence Division at theWashington Field Office. Mr. Selton mostrecently served as section chief in theCounterterrorism Division at FBIHeadquarters. He oversaw management of overseas FBI terrorism cases and FBIpersonnel assigned to the Department of Defense Combatant Commands.

Federal Criminal Justice FBI

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7Federal Criminal Defense Lawyers

Former Baltimore PoliceOfficer Pleads Guilty toExtortion( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

Former Baltimore Police officer Jermaine

Rice, age 28, of Woodstock, Maryland,pleaded guilty today to extortion undercolor of official right in connection with ascheme in which a repair shop owner paidpolice officers, including Rice, to arrangefor the repair shop, rather than a city-authorized company, to tow vehicles fromaccident scenes and make repairs.

Former TBW CEOSentenced to 40 Months inPrison for Fraud Scheme( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

The former chief executive officer (CEO)of Taylor, Bean & Whitaker (TBW) wassentenced today to 40 months in prison forhis role in a more than $2.9 billion fraudscheme that contributed to the failure of TBW. At one time, TBW was one of thelargest privately held mortgage lendingcompanies in the United States.

Stamford Man Indicted forExtortion and IllegalPossession of Ammunition( FBI in the News  ) 

Submitted at 3:04 PM June 21, 2011

A federal grand jury in New Haven has

returned a superseding indictmentcharging Nicola Melia, 78, Stamford, withfive counts of collecting extensions of credit by extortionate means and onecount of possession of ammunition by apreviously convicted felon.

Real Estate Lawyer Sentenced inManhattan Federal Court to 46Months in Prison for His Role in

a Multimillion-Dollar MortgageFraud Scheme( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

Alexander Kaplan, formerly a Brooklyn-based real estate lawyer and the owner of a title insurance company, was sentencedto 46 months in prison for his role in amultimillion dollar mortgage fraudscheme.

FBI Seeks PublicAssistance in IdentifyingSuspicious Man( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

The Charlotte Division of the FBI and theCharlotte-Mecklenburg Police Departmentare asking the public to help identify aman who was in a restricted area along theCharlotte Area Transit System (CATS)LYNX Blue Line in April.

Phoenix Real Estate InvestorPleads Guilty to $50 MillionMortgage Fraud Scheme( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

Brett Matheson, 46, pleaded guilty on

Monday in federal court to conspiracy tocommit wire fraud in a $50 millionmortgage fraud scheme based in Phoenix.Two others have also entered guilty pleasand are awaiting sentencing.

Red Lake Man Indicted forInvoluntary Manslaughter in

Connection with 2009 Incident( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

A 20-year-old Red Lake man wasindicted in connection with the death of ateenage girl following an automobilecrash that occurred between Redby andPonemah on August 28, 2009.

Plymouth Man PleadsGuilty in Connection withTrevor Cook Ponzi Scheme( FBI in the News  ) 

Submitted at 2:46 PM June 21, 2011

A 54-year-old Plymouth man pleaded

guilty to lending credibility to andultimately persuading others to invest in amulti-million dollar Ponzi schemeorchestrated by Trevor Cook.

U.S. Marshals to Auction SeattleNightclubs Formerly Run byColacurcio Crime Family( U.S. Marshals Service News  ) 

Submitted at 3:34 PM June 21, 2011

June 21, 2011 - Two former strip clubs inSeattle will be sold via a U.S. Marshalsauction June 29 at 2 p.m. The auction forboth properties will take place on site atthe former “Rick’s Nightclub,” 11332Lake City Way NE, Seattle. Registrationmay be done online atwww.lpsauctions.com or on site beginningat 11 a.m. June 29.

FBI US Marshals