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Federal Criminal Defense Lawyers

Thursday, September 29, 2011

www.McNabbAssociates.com

Former Guard Charged with Allegedly Attempting to Communicate National Defense Information to Peoples Republic of China
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 6:35 AM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 28, 2011 released the following: WASHINGTON Bryan Underwood, a former contract guard working at a U.S. Consulate in China, has been charged in a superseding indictment with one count of attempting to communicate national defense information to a foreign government, two counts of making false statements, and one count of failing to appear in court pursuant to his conditions of release. The superseding indictment, which was returned today by a federal grand jury in the District of Columbia, was announced by Lisa Monaco, Assistant Attorney General for National Security; Ronald C. Machen Jr., U.S. Attorney for the District of Columbia; and James W. McJunkin, Assistant Director in Charge of the FBIs Washington Field Office. Underwood, 31, was first charged in an indictment on Aug. 31, 2011, with two counts of making false statements and was arrested on Sept. 1, 2011. On Sept. 21, 2011, Underwood was scheduled to appear at a status hearing in federal court in the District of Columbia, but failed to do so. The FBI located Underwood in Los Angeles and arrested him there in the early morning hours of Sept. 24, 2011. Underwood will be brought back to the District of Columbia for arraignment on the superseding indictment. If convicted of the charges against him in the superseding indictment, Underwood faces

a maximum potential sentence of life in prison. According to the superseding indictment, from about March 1, 2011, to about Aug. 5, 2011, Underwood knowingly and unlawfully attempted to communicate photographs and other information relating to the national defense to representatives of the Peoples Republic of China (PRC), with the intent and reason to believe that these materials would be used to the injury of the United States and to the advantage of a foreign nation. The indictment further alleges that on Aug. 5, 2011, Underwood made a false statement when he stated to an FBI representative that he was intending to assist the FBI when he wrote a letter stating his interest in initiating a business arrangement with the PRC. Underwood also made a false statement, according to the indictment, when he stated to an FBI representative that he was intending to assist the FBI when he took certain photographs of his place of work. Finally, the indictment alleges that Underwood failed to appear in court on Sept. 21, 2011 in accordance with the conditions of his release, after his initial arrest on Aug. 31, 2011. As this case demonstrates, we remain vigilant in protecting Americas secrets and in bringing to justice those who attempt to compromise them, said Assistant Attorney General Monaco. Our national security depends upon our ability to keep our most sensitive information confidential. Bryan Underwood is charged with trying to pass American secrets to China and then lying

to cover up his betrayal, said U.S. Attorney Machen. I want to congratulate the FBI for so quickly tracking down this defendant in California so that he could be brought back to the District of Columbia to face these charges. The FBI is committed to working with our partners in the U.S. Government to prevent the compromise of U.S. national security information by those who would attempt to sell it for personal gain, said FBI Assistant Director in Charge McJunkin. Those who seek to flee from justice should know that the FBI will locate and apprehend them. This investigation was conducted by the FBIs Washington Field Office, with assistance from the State Departments Bureau of Diplomatic Security. The prosecution is being handled by the U.S. Attorneys Office for the District of Columbia and Trial Attorney Ryan Fayhee from the Counterespionage Section of the Justice Departments National Security Division. 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.

SAIC and Others to Pay U.S. More Than $22.6 Million to Resolve False Claims Allegations
(USDOJ: Justice News)
Submitted at 1:45 PM September 29, 2011

U.S. v. Ernesto Heinzelmann, et al


(Antitrust Division: Criminal Case Filings)
Submitted at 2:13 PM September 29, 2011

Science Applications International Inc. (SAIC); its subcontractor, Applied Enterprise Solutions LLC (AES); AES
(USDOJ: Justice News)
Submitted at 1:01 PM September 29, 2011

CEO Dale Galloway; and former government employees Stephen Adamec and Robert Knesel will pay the United States $22,676,000 to resolve allegations of false claims in a whistleblower suit. pleaded guilty today for her role in founding NinjaVideo.net, a website that provided millions of users with the ability

Document filed on September 27, 2011 Indictment

NinjaVideo Founder Pleads Guilty in Virginia to Criminal Copyright Conspiracy


Hana A. Beshara, 29, of Las Vegas, to illegally download infringing copies of copyright-protected movies and television programs in high-quality formats.

Federal Criminal

Federal Criminal Defense Lawyers

Twenty South Florida Residents Charged in $40 Million Bank and Mortgage Fraud Scheme
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 5:16 PM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 29, 2011 released the following: MIAMI Twenty individuals, including numerous licensed real estate industry professionals, have been charged with conspiracy to commit bank fraud and bank fraud in connection with their alleged participation in a $40 million mortgage fraud scheme. According to the indictment, from March 2006 through June 2008, the defendants conspired to submit false loan applications and related documents to multiple banks for the purpose of obtaining approximately $40 million in mortgage loans and home equity lines of credit (HELOC). This resulted in approximately $20 million in losses to the banks. The indictment was announced today by Wifredo A. Ferrer, U.S. Attorney for the Southern District of Florida; John V. Gillies, Special Agent in Charge, FBI Miami Field Office; Michael K. Fithen, Special Agent in Charge, U.S. Secret Service (USSS); Jon T. Rymer, Inspector General, Federal Deposit Insurance Corporation (FDIC-OIG); and James K. Loftus, Director, Miami-Dade Police Department (MDPD), along with members of the Federal-State Mortgage Fraud Strike Force. The 25-count indictment charges the following defendants: Alina Rubi, 45, of Miami (mortgage broker); Camilo Garcia, 39, of Miami (mortgage broker and realtor); Sylvia M. Zagales, 48, of Miami Lakes, Fla., (title agent); Ivette Carreno, 34, of Miami (bank manager); Pedro Rubi, 42, of Miami (mortgage broker); Dianelys Garcia, 37, of Miami (mortgage broker and realtor); Luis Pardo Dieguez, 51, of Miami (realtor); Galia Fernandez, Jr., 50, of Miami (mortgage broker and realtor); Sheena Eizmendiz, 36, of Miami; Ivis R. Hernandez, 41, of Miami (realtor); Jose Raul Hernandez, 52, of Miami (realtor); Yovanis Obregon Jimenez, 38, of Key Largo (real estate appraiser); Jose Manuel Pardo, 49, of Miami (realtor); Sandra M. Rodriguez, 50, of Miami, Mayra Martinez Suarez, 46, of Miami (mortgage broker); Laura E. Diaz, 57, of Hialeah, Fla.; Juan R. Prieto, 49, of Miami (realtor); Flavia E. Perez, 52, of Miami (mortgage broker); Jose Antonio Diaz, 75, of Miami, and Johny Hernandez, 25, of Miami (mortgage broker). The defendants are variously charged with conspiracy to commit bank fraud

(count 1); bank fraud (counts 2-21); receipt of gifts for procuring loans (counts 22 and 23); and providing gifts for procuring loans (count 24 and 25). The indictment also seeks the forfeiture of real property and money derived from the fraud. If convicted, the defendants face a maximum statutory penalty of up to 30 years in prison on each count. U.S. Attorney Ferrer stated, Even by South Florida fraud standards, todays prosecution is shocking. Never before have we seen so many real estate and bank industry professionals charged in a single indictment. In addition, the defendants $40 million fraud spanned two years and resulted in $20 million in actual losses to the victim banks. Our commitment to stomp out mortgage fraud is unwavering. We will continue to prosecute all those involved in fraud, from straw buyers and sellers, all the way up the chain to corrupt bank officials and mortgage brokers. Combating mortgage fraud continues to be a priority due to the impact of lending and the housing market on the nations economy, said Special Agent in Charge Gillies. This is a warning to those in the mortgage industry who think they can get away with creating phony documents to line their pockets with stolen loan proceeds. The FBI will continue to work with its federal, state and local law enforcement and regulatory partners to bring the perpetrators of these crimes to justice. The Federal Deposit Insurance Corporation Office of Inspector General is pleased to join the United States Attorney for the Southern District of Florida and our law enforcement colleagues in announcing these indictments today. We are committed to our partnerships with federal, state, and local law enforcement to address mortgage fraud cases throughout the country. The American people need to be assured that their government is working to ensure integrity in the financial services and housing industries and that those involved in criminal misconduct that undermines that integrity will be held accountable, said Inspector General Rymer. Miami-Dade Police Director Loftus added, Though we are pleased with the outcome of this investigation, we recognize that the indictment of this organization is only a small part of a systemic, ongoing criminal enterprise. We will remain vigilant in our pursuit of these offenders. As part of the scheme, brother and sister team, Alina Rubi and Camilo Garcia used

Ivette Carreno, then a manager at Regions Bank, to obtain approval of nearly 200 fraud-based HELOCs. Alina Rubi, Camilo Garcia and his wife, Dianelys Garcia, and other co-defendants prepared false documents, such as proof of employment, tax returns, and property deeds, to support loan applications that were replete with false statements. Other co-defendants, such as Pedro Rubi, Luis Pardo Dieguez, and Ivis Hernandez, prepared mortgage and HELOC loan applications on behalf of unqualified borrowers and buyers. The loan applications and related documents, which were submitted to lenders, contained numerous false statements regarding the borrowers and buyers employment, income, deposits, assets, liabilities, and other information necessary for lenders to assess their qualifications to borrow money. Some of the false statements included misrepresentations that the borrowers were doctors, dentists, engineers, or engaged in other highpaying professions, with false yearly incomes, sometimes exceeding $300,000. In many instances, the unqualified buyers lied about property ownership, in that they did not even own the properties for which they received the equity lines of credit. On some occasions, the defendants used the HELOC proceeds to later purchase the very properties for which they had obtained the HELOC loans. Alina Rubi, Camilo Garcia, Pedro Rubi, Luis Pardo Dieguez, and Galia Fernandez recruited individuals, and paid others to recruit individuals, to fraudulently obtain mortgage and HELOC loans on the properties. Among the individuals recruited to act as unqualified buyers and borrowers were defendants and coconspirators Sheena Eizmendiz, Yovanis Obregon Jimenez, Jose Manuel Pardo, Sandra M. Rodriguez, Mayra Martinez Suarez, Laura Diaz, Juan Prieto, Flavia Perez, Jose Antonio Diaz, and Johny Hernandez. To further the fraud scheme, Alina Rubi, Camilo Garcia, and other co-defendants used Silvia Zagales, a title agent, and her company, the Title Services Group, to divide and disburse, among the defendants, millions of dollars in loan proceeds. As part of the closing procedure, Zagales prepared and submitted to lenders documents that falsely stated, among other things, that borrowers supplied their own funds at the closing of the sale transactions; that she had sufficient loan proceeds and cash-toTWENTY page 7

Federal Criminal Defense Lawyers

Federal Criminal Justice Antitrust

Eighteen Indicted by Federal Grand Jury on Drug Charges


McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 4:44 PM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 29, 2011 released the following: Defendants Face up to Life Imprisonment An indictment charging 18 defendants with conspiracy to distribute cocaine and marijuana has been unsealed, United States Attorney Barbara L. McQuade announced today. McQuade was joined in the announcement by Andrew G. Arena, Special Agent in Charge of the Detroit office of the Federal Bureau of Investigation; Robert Corso, Special Agent in Charge of the Drug Enforcement Administration; and Chief Ralph Godbee, Detroit Police Department. The indictment charges eighteen defendantsall alleged to be members of a national drug trafficking organizationwith conspiring to distribute cocaine and marijuana in Detroit over the past 11 years. The 18 defendants are: CLARENCE WILLIAMSON, JR., a/k/a Dawg and Junior, 48, of Southfield, MI ANTHONY BERNARDE EDWARDS, a/k/a Ant and Mick, 40, of Southfield, MI DARYL KEITH SEWELL, a/k/a DNice, 43, of Arizona MALCOLM MARTINES LONG, a/k/a Black, 38, of Macomb Township, MI ISAAC JOHNSON SHEPPARD, 30, of Detroit, MI CARL LEE JONES, a/k/a Pookie, 30,

of Farmington Hills, MI GEOFFREY LAMAR HIGHTOWER, a/k/a Chief, 40, of Wayne, MI DENNIS CORNELIUS TATE, a/k/a Deezy and Terrence, 36, of Belleville, MI KENDRAH SMARTT, a/k/a Old Girl, 46, of Colorado TERRENCE LYNN PRITCHETT, a/k/ a Cowboy and C-Bo, 40, of Detroit, MI JOHN LIGHTING III, a/k/a J-Rock, 29, of Detroit, MI SHAUN DEVON ASKEW, a/k/a Dot, 28, of Detroit, MI JOHNNY RICHARDS, JR., 43, of Roseville, MI JAAMI TOWNSEND, a/k/a Jam, 33, of Plymouth, MI DENISE DARRINE WILLIAMSON, a/ k/a Neecey, 42, of Detroit, MI ERIKA ROYCE FLOWERS, a/k/a E, 29, of Detroit, MI THEBERA SHLANDA FLOWERS, 47, of Detroit, MI TERRELL RAYNARD CLARK, 23, of Detroit, MI Isaac Johnson Sheppard is in custody in Detroit, and Kendrah Smartt is in custody in the State of Nebraska. We need to find new ways to address gun, drug, and violent crimes, McQuade said. Our law enforcement agencies are working together to use our resources in strategic ways. The FBI remains committed to working with our law enforcement partners, particularly through our Violent Gang Task Force, and working with prosecutors

to aggressively investigate drug dealing organizations, Arena said. Drug Enforcement Administration Special Agent in Charge Robert Corso stated, The arrests that stemmed from this investigation are strong examples of the positive results that can be achieved when state, local and federal law enforcement agencies work together to fight drug trafficking. The DEA will continue to work with our partners to make our community safer by focusing on dismantling violent drug organizations. The most serious charge in the indictment, conspiracy to distribute more than five kilograms of powder cocaine and more than 1,000 kilograms of marijuana, carries a penalty of 10 years to life imprisonment. An indictment is a charging document and not evidence of guilt. Each and every defendant is presumed to be innocent. The case is being prosecuted by Assistant U.S. Attorney David Portelli. 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.

Furukawa Electric Co. Ltd. and Three Executives Agree to Plead Guilty to Automobile Parts Price -Fixing and Bid-Rigging Conspiracy
(USDOJ: Justice News)
Submitted at 10:46 AM September 29, 2011

Florida Federal Jury U.S. v. M & B Builders, Convicts Man for Business LLC Opportunity Fraud Scheme (Antitrust Division: Criminal Case Filings)
(USDOJ: Justice News)
Submitted at 3:44 PM September 29, 2011 Submitted at 2:27 PM September 29, 2011

Furukawa Electric Co. Ltd. has agreed to plead guilty and to pay a $200 million fine for its role in a criminal price-fixing and bid-rigging conspiracy involving the sale of parts to automobile manufacturers.

A federal jury in Fort Lauderdale, Fla., yesterday found Manuel Rodriguez guilty of fraud in connection with a coffee machine business opportunity scheme.

Document filed on September 15, 2011 Criminal Information

U.S. v. Gloria F. Harper


(Antitrust Division: Upcoming Public Hearings)
Submitted at 11:20 AM September 29, 2011

Two Massachusetts Individuals Charged with Child Pornography Offenses


(USDOJ: Justice News)
Submitted at 3:48 PM September 29, 2011

U.S. v. Harold H. Buchman


(Antitrust Division: Criminal Case Filings)
Submitted at 2:34 PM September 29, 2011

Sentencing hearing has been scheduled for December 15, 2011 at 9:30a.m. Eastern.

Document filed on September 15, 2011 Criminal Information

Two Massachusetts individuals were charged in separate cases today with child pornography offenses.

U.S. v. Chien Chung Chen, aka Andrew Chen


(Antitrust Division: Upcoming Public Hearings)
Submitted at 11:19 AM September 29, 2011

Sentencing hearing has been rescheduled for July 17, 2012 at 2:30 p.m. Pacific.

Federal Criminal

Federal Criminal Defense Lawyers

Former President of Registered Investment Adviser Firm Charged with Allegedly Committing Mail Fraud and Obstruction
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 7:23 AM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 28, 2011 released the following: SAN FRANCISCO Today the United States Attorneys Office for the Northern District of California charged Kurt S. Hovan, of Belvedere, Calif., with mail fraud and obstruction, United States Attorney Melinda Haag announced. The charges result from Hovans alleged fraudulent use of soft dollars and his subsequent obstruction of an investigation being conducted by the Securities and Exchange Commission (SEC). According to the information filed today, Hovan, 43, is alleged to have created a scheme to defraud brokerage firms into paying soft dollars to Hovans brother, who then funneled the money back to benefit Hovans company, Hovan Capital Management, LLC (HCM). Soft dollars are credits from a brokerage firm on commissions generated by client trades in brokerage firm accounts. Brokerage firm clients, such as a registered investment adviser firm like HCM, are allowed to use those credits to pay for research services to benefit the investment advisers clients. The investment adviser, however, must disclose its use of these soft dollar credits, and the investment adviser is prohibited from using these credits to pay for its own benefit instead of its clients benefit.

According to the information, Hovan allegedly caused the creation of Bolton Research, LLC, in Connecticut. Hovan then submitted invoices to brokerage firms to support requests that those firms pay Bolton using HCMs accumulated soft dollars. Hovan falsely claimed to the brokerage firms that Boltons invoices reflected charges for independent research Bolton had conducted to benefit HCMs clients. The brokerage firms paid the invoices to Bolton, which was, in fact, simply Hovans brother. Hovans brother then funneled a substantial amount of the payments back to HCM to pay HCMs rent. In January 2010, the SEC asked Hovan to provide documentation of the purported independent research Bolton had conducted. In response, Hovan allegedly created false and misleading documents to falsely reflect that Bolton had conducted significant independent research, that Bolton had prepared reports summarizing the research, and that Bolton had done so on a schedule coinciding with the monthly soft dollar payments to Bolton. Hovan then produced these false documents to the SEC, and later falsely stated to the SEC that He did not create them. Hovans initial appearance in federal court has not been scheduled. The maximum statutory penalty for mail fraud, in violation of Title 18, United States Code, Section 1341, is 20 years in prison, a $250,000 fine, and five years of supervised release. The maximum

statutory penalty for obstruction is five years in prison, a $250,000 fine, and three years of supervised release. Any sentence following conviction, however, would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. 3553. Doug Sprague is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Rayneisha Booth. The prosecution is the result of a five-month investigation by the Federal Bureau of Investigation, with substantial assistance from the San Francisco Regional Office of the Securities and Exchange Commission. Please note, an information contains only allegations against an individual and, as with all defendants, Mr. Hovan must be presumed innocent unless and until proven guilty. Further Information: Case #: CR 11-0699 RS 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.

More Than Two Dozen Boeing Employees Arrested in Drug Sting in Pennsylvania
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 4:52 PM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 29, 2011 released the following: PHILADELPHIA Agents from the FBI and Drug Enforcement Administration (DEA) this morning arrested employees and former employees of Boeings Ridley Park, Pennsylvania plant and one non-employee in a coordinated, long-term, undercover effort aimed at prescription drug abuse at the manufacturing plant. Joining U.S. Attorney for the Eastern District of Pennsylvania Zane David Memeger in announcing the charges were FBI Special

Agent in Charge George Venizelos and DEA Acting Special Agent in Charge Vito S. Guarino. Indictments against 23 individuals were unsealed today charging each with the illegal distribution of a prescription drug. The drugs being distributed by these defendants include but are not limited to fentanyl (Actiq), oxycodone (Oxycontin), alprazolam (Xanax), and buprenorphine (Suboxone). In addition to the indictments, 14 other defendants are charged with attempted possession of the various drugs being sold by their coworkers. This is a misdemeanor charge which is the reason they are not charged by indictment. The charges allege that each defendant either sold a controlled

substance to an FBI cooperator or bought what was believed to be a controlled substance from the cooperator but which was, in fact, a placebo. The drugs were being distributed on Boeings property. Boeing officials brought their suspicions of drug activity to federal law enforcement and have cooperated fully with the long-term investigation. This investigation and prosecution focused not only on the sellers, but also on the users because of the critical role that these employees play in manufacturing military aircraft, said U.S. Attorney Memeger. Prescription drug abuse has MORE page 7

Federal Criminal Defense Lawyers

Federal Criminal

Madison Federal Grand Jury Returns Indictments


McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 5:52 AM September 29, 2011

The Federal Bureau of Investigation (FBI) on September 28, 2011 released the following: MADISON, WI A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty. Eau Claire Man Charged with Child Pornography Crimes David J. Kmetz, 43, Eau Claire, Wis., is charged with one count of distributing child pornography and one count of possessing a computer hard drive containing child pornography. The indictment alleges that on July 26, 2010, he distributed computer images and video files containing visual depictions involving the use of minors engaged in sexually explicit conduct, and that he possessed the computer hard drive on January 11, 2011. If convicted, Kmetz faces a penalty of at least five years and up to 20 years in

federal prison on the distribution count, and 10 years on the possession count. The charges against him are the result of an investigation by the Federal Bureau of Investigation. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz. This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys Offices and the Criminal Divisions Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov. Waterloo Man Charged with Embezzlement Allen R. Howe, 63, Waterloo, Wis., is charged with embezzling $56,723.74, from the Allen Howe & Son, Inc. Simple Retirement Account Trust. The indictment

alleges that from December 2006 through September 2009, he withheld that amount of Allen Howe & Son, Inc. employee contributions, and failed to make payments to any financial institution on behalf of those employees. If convicted, Howe faces a maximum penalty of five years in federal prison. The charge against him is the result of an investigation by the U.S. Department of Labor, Employee Benefits Security Administration. The prosecution of this case has been assigned to Assistant U.S. Attorney Peter M. Jarosz. 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.

More than 2,900 convicted criminal immigrants arrested, ICE says


McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 8:16 AM September 29, 2011

CNN on September 29, 2011 released the following: By the CNN Wire Staff Washington (CNN) In a huge, sevenday operation covering all 50 states and four U.S. territories, U.S. Immigration and Customs Enforcement officials arrested 2,901 convicted criminal immigrants as part of the Cross Check enforcement operation, ICE officials announced Wednesday. ICE officials trumpeted the arrests at a news conference designed to highlight the Obama administrations ongoing commitment to prioritizing the removal of criminal aliens and egregious immigration law violators. ICE Director John Morton said all those arrested had prior criminal convictions, including 1,282 who had multiple convictions. More than 1,600 of those arrested had felony convictions including manslaughter, attempted murder, kidnapping, armed robbery, drug

trafficking, child abuse, sexual crimes against minors and aggravated assault. Forty-two of them were gang members and 151 were convicted sex offenders, officials said. ICE officials acknowledged that despite the large number of arrests, there were still an estimated 1 million convicted criminal aliens in the United States. Morton said one of the issues ICE is trying to deal with is the lack of notification to immigration authorities when offenders are released from jail. Most of the people detained 2,642 were men. Those arrested came from 115 countries, with immigration fugitives accounting for 681 of those detained in the operation, Morton said. Of the people arrested, 386 were illegal re-entrants. The results of this targeted enforcement operation underscore ICEs ongoing commitment and focus on the arrest and removal of convicted criminal aliens and those that game our nations immigration system, Morton in a statement released before the news conference. Because of the tireless efforts and teamwork of ICE

officers and agents in tracking down at large criminal aliens and fugitives, there are 2,901 fewer criminal aliens in our neighborhoods across the country. ICE began conducting large-scale operations to target convicted criminal aliens in December 2009 and since then, nine regional and national Cross Check operations including last weeks have resulted in the arrest of more than 7,400 convicted criminal aliens. 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.

Federal Criminal

Federal Criminal Defense Lawyers

Feds to seek new indictment vs. Greig


McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 8:08 AM September 29, 2011

Turnto10.com on September 28, 2011 released the following: By: DENISE LAVOIE | AP Legal Affairs Writer BOSTON Federal prosecutors plan to seek a new indictment against the longtime girlfriend of former Boston crime boss James Whitey Bulger, according to a written status report filed in court Wednesday. Catherine Greig, 60, already has been indicted for allegedly helping Bulger elude authorities after he fled Boston in late 1994, just before he was indicted on racketeering charges. The couple was apprehended in Santa Monica, Calif., in June after spending more than 16 years on the run. Greigs lawyers and prosecutors are expected to present the status report to a judge in court Thursday. The filing by prosecutors, which was

reviewed by The Associated Press, says the government anticipates seeking a superseding indictment in the future. No other details were provided. Greig has pleaded not guilty to a charge of conspiracy to harbor and conceal a fugitive. The charge carries a maximum prison sentence of five years. Her lawyer, Kevin Reddington, did not immediately return a message left on his cellphone seeking comment Wednesday. Bulger, the former leader of the notorious Winter Hill Gang, is charged for his alleged role in 19 murders. Prosecutors say Greig actively helped Bulger, now 82, escape capture. Her lawyer has said she was in love with Bulger and didnt know the extent of his alleged crimes when she left Boston with him in 1995. In their court filing Wednesday, prosecutors say it is premature to know whether there could be a plea deal in the case against Greig. It is too early to determine whether plea

negotiations will resolve this case, First Assistant Jack Pirozzolo and Assistant U.S. Attorney James Herbert wrote. Reddington has said Greig will not cooperate with authorities in their case against Bulger. Shes going to trial on the case thats it, Reddington said last month, after Greig pleaded not guilty to the charge. 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.

Before news of FBI raid, investors bet against Boca firm, raising insider trading suspicions
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 4:57 PM September 29, 2011

The Palm Beach Post on September 29, 2011 released the following: By JEFF OSTROWSKI Palm Beach Post Staff Writer BOCA RATON In the hours before investors learned that Imperial Holdings was the target of a federal investigation, investors made a large number of bets that the companys stock would plunge. Volume for puts to sell shares a bet that the stock price would fall totaled 1,948 on Tuesday. That was 85 times the daily average since the options were listed on exchanges in February, Bloomberg News reports today. Call volume was 35 times the normal activity. The most active options were October $5 puts, which accounted for more than half of all volume. Those contracts, which had never traded before that day, changed hands in blocks as large

as 80, Bloomberg reported. The options trading began at 11:25 a.m. Tuesday, Bloomberg said. The New York Stock Exchange halted trading of Imperial Holding (NYSE: IFT) at 1:42 p.m. Investors learned that FBI agents had raided the companys Boca headquarters at 2:26 p.m., when The Palm Beach Post reported the raid. The spike in options activity raised eyebrows. This feels like a trade with prior knowledge of a news event, or extraordinarily good timing, Ophir Gottlieb, managing director of client services at San Francisco-based Livevol Inc., told Bloomberg. Imperial is a specialty finance firm that finances insurance premiums, buys life insurance policies from policyholders and buys structured settlements from plaintiffs in lawsuits. Chief Executive Antony Mitchell, 45, and Chief Operating Officer Jonathan

Neuman, 38, are among the Imperial Holdings employees under investigation in the District of New Hampshire in connection with the companys lifefinance business, the company said in a statement. Imperial Holdings shares fell 65 percent Wednesday and have jumped 23 percent today. 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.

Federal Criminal Defense Lawyers

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close funds to cover the disbursements approved by the lender; and that good faith deposits had been provided by borrowers. Zagales and her coconspirators fraudulently disbursed the loan proceeds to the sellers and others. In some instances, Zagales used the loan proceeds to satisfy the buyers cash-toclose obligations, and would often pocket seller proceeds through another company that she owned and operated. In addition, to conceal the fraud and to conduct multiple mortgage loan and HELOC closings with the same properties, Zagales and her co-defendants, in some cases, failed to timely record, and falsely recorded, mortgage deeds and mortgage documentation with State of Florida authorities. This law enforcement action is sponsored by the Financial Fraud Enforcement Task Force. The interagency Financial Fraud Enforcement Task Force was established

to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. U.S. Attorney Ferrer commended the investigative efforts of the FBI, U.S. Secret Service, the FDIC, and the MiamiDade Police Department. The case is

being prosecuted by Assistant U.S. Attorney Roger Cruz. An indictment is only an accusation and a defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt. 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.

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been on the rise in our community, and this is just one example of how pervasive the problem is. Drug abuse and the illegal sale and purchase of controlled substances are serious criminal problems in the U.S. today, and those who engage in the sale and distribution of pharmaceutical drugs will be targeted, said Special Agent in Charge Venizelos. The abuse of prescription narcotic drugs can be as dangerous and devastating as the use of illegal drugs. The defendants in this case are accused of diverting controlled substances and selling them to alleged abusers without any medical supervision, said Acting Special Agent in Charge Guarino. These sales placed the individual abusers, as well as society at large, at risk. Part of DEAs mission is to investigate the unlawful diversion of pharmaceutical controlled substances and bring those involved to justice, whether it is a doctor, pharmacist, or street distributor.

The case was investigated by the FBI and the DEA. It is being prosecuted by Assistant U.S. Attorneys Faithe Moore Taylor and Ashley Lunkenheimer. An indictment or information is an accusation. A defendant is presumed innocent unless and until proven guilty. 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.