Seventeen Charged in Drug Conspiracy Accused of Distributing

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					Federal Criminal Defense Lawyers                        Wednesday, August 10, 2011               

Seventeen Charged in Drug Conspiracy,
Accused of Distributing Cocaine in Washington,
DC Area
McNabb Associates, P.C. (Federal Criminal Defense   David Emanuel Kyle, 41, of Camp                of investigative activities by a long-term
                                                    Springs, MD; Tyrone Marcel Smith, 42,          FBI/MPD alliance called the Safe Streets
Submitted at 8:45 AM August 10, 2011
                                                    of Accokeek, MD; Joseph Garvin Young,          Task Force. The Safe Streets Initiative
 The U.S. Attorney’s Office District of             35, of Lanham, MD; Anthony Andre               involves more than 150 Safe Streets Task
Columbia on August 9, 2011 released the             Carter, 32, of Fort Washington, MD;            Forces around the country that combat
following:                                          Walter Lybrant Hayman, 47, of Glenn            street gangs by combining federal, state
“WASHINGTON – Fifteen individuals                   Dale, MD; Marcus Alfred Gurley, 31, of         and local police resources. The task
have been arrested in connection with a             Glenn Dale, MD; and Eric Michael               forces, which began in 1992 in Los
three-year investigation into drug                  Woods, 40, of Washington, D.C.                 Angeles and the District of Columbia,
trafficking in the Washington, D.C.                  An indictment is merely a formal charge       address gang activity including drug-
metropolitan area. At the time of the               that a defendant has committed a violation     related crimes. Sharing resources,
arrests, law enforcement officers seized            of criminal law and is not evidence of         manpower and intelligence allows federal
illegal narcotics, six firearms, four               guilt. Every defendant is presumed             prosecutors to focus on securing the
vehicles, and more than $600,000 in cash.           innocent until, and unless, proven guilty.     maximum sentences and penalties for
The arrests follow the return of a federal           Following the return of the indictment,       gang members found guilty. By working
indictment charging 17 individuals with             law enforcement officers executed a series     through a Task Force, investigators can
conspiracy to distribute and possess with           of arrest and search warrants in the           focus on the entire criminal enterprise,
the intent to distribute cocaine, crack             District of Columbia and Maryland during       instead of the prosecution of individual
cocaine, and marijuana.                             the early morning hours of August 9,           gang members.
 The arrests, indictments, and seizures             2011, confiscating approximately one-half       In announcing the indictments, U.S.
were announced today by U.S. Attorney               kilogram of cocaine, one-quarter kilogram      Attorney Machen, Assistant Director
Ronald C. Machen Jr., James W.                      of crack cocaine, and one pound of             McJunkin and Chief Lanier commended
McJunkin, Assistant Director in Charge of           marijuana. In addition, the officers seized    the work of the FBI and MPD members of
the FBI’s Washington Field Office, and              four vehicles, more than $600,000 in cash,     the task force who investigated the case.
Cathy L. Lanier, Chief of the Metropolitan          and six firearms, including two machine        They also thanked the U.S. Marshals
Police Department (MPD).                            pistols.                                       Service, the U.S. Park Police, the United
 The defendants were indicted on                    “These arrests and seizures are the result     States Attorney’s Office for the District of
Thursday, August 4, 2011 on charges of              of a concerted, relentless campaign to         Maryland, and the Prince George’s
conspiracy to distribute and possess with           disrupt and dismantle the networks that        County Police Department, all of which
intent to distribute cocaine, crack cocaine,        fuel drug addiction in our city,” said U.S.    provided assistance. Finally, they cited
and marijuana. The indictment also                  Attorney Ronald C. Machen Jr. “By              the efforts of those who worked on the
includes a forfeiture allegation seeking all        removing these narcotics and guns from         case from the U.S. Attorney’s Office for
proceeds derived from and assets used to            our neighborhoods, we have made the            the District of Columbia, including
commit the alleged crimes. If convicted,            District of Columbia a safer place.”           Assistant U.S. Attorneys Kenneth F.
the defendants face a minimum of ten                “Today’s arrests show the hard work and        Whitted, Seth Adam Meinero, and Barry
years in custody and a maximum of life in           determination of agents and detectives         Wiegand.”
prison.                                             from FBI, MPD, Prince George’s County           To find additional federal criminal news,
 The seventeen defendants charged                   Police Department and the U.S. Marshals        please read Federal Criminal Defense
include Espey Brown, Jr., 37, of                    Service and U.S. Park Police who partner       Daily.
Washington, D.C.; Keith Gregory Gaston,             together to rid our streets of these alleged    Douglas McNabb and other members of
39, of Silver Spring, MD; Angela Denise             drug networks,” said Assistant Director in     the U.S. law firm practice and write
Peoples, 40, of Washington, D.C.; Eugene            Charge McJunkin.                               extensively on matters involving Federal
Edward Gadson, 38, of Washington, D.C.;             “Because of our continued focus in the         Criminal Defense, INTERPOL Red
Derrick Anthony Harris, 37, of                      Shaw community, we have seen a                 Notice Removal, International Extradition
Washington, D.C.; Laura Ann Cooper, 51,             dramatic reduction in violent crime,” said     and OFAC SDN List Removal.
of Washington, D.C.; Gregory Tuckson,               Chief Lanier. “These arrests are an             The author of this blog is Douglas
55, of Washington, D.C.; Harry Terrell,             example of the efforts of law enforcement      McNabb. Please feel free to contact him
Jr., 68, of Washington, D.C.; Thomas                working together to make our                   directly at
Kearney, Jr., 53, of Washington, D.C.;              communities safer.”                   or at one
Gregory Martin, 55, of Washington, D.C.;             The prosecution grew out of three years       of the offices listed above.
2                Federal Criminal                                                                    Federal Criminal Defense Lawyers

U.S. Attorney for the Southern District of New York
Charges 65 Yonkers Gang Members, Associates,
and Others with Narcotics and Firearms Offenses
McNabb Associates, P.C. (Federal Criminal Defense   joint investigations such as this which       DEXTER THOMAS, RONNELL
                                                    disrupt and dismantle gangs from top to       THOMAS, EDWARD WHITNEY, and
Submitted at 9:35 AM August 10, 2011
                                                    bottom are a very effective tool. This case   ANDREW WILSON—are charged with
 The U.S. Attorney’s Office Southern                will have a positive impact on this           conspiring to distribute
District of New York on August 9, 2011              neighborhood; an immediate visible and         crack cocaine from 2000 through August
released the following:                             tangible result will be evident. On behalf    2011. Forty-one of these defendants are
“Three Defendants Also Charged with                 of the Mayor and the people of the City of    also charged with using, carrying,
Murder of Rival Gang Member                         Yonkers, we extend our gratitude to the       possessing, and discharging firearms
 PREET BHARARA, the United States                   U.S Attorney’s Office for the Southern        during the narcotics conspiracy.
Attorney for the Southern District of New           District of New York and to the FBI New       KNOWLES, one of the leaders of the Elm
York; JANICE K. FEDARCYK, the                       York Office for their support, cooperation,   Street Wolves, and two other members,
Assistant Director in Charge of the New             and collaboration in this investigation.”     MICHAEL ANDREWS and DEXTER
York Field Office of the Federal Bureau              According to the indictments unsealed        GRANGER, are also charged with the
of Investigation (“FBI“); and EDMUND                today in White Plains federal court:          murder of Christopher Cokley, a member
HARTNETT, Police Commissioner of the                 A 21-count indictment, United States v.      of a rival gang, on July 4, 2009.
City of Yonkers, announced today the                Steven Knowles et. al., charges 47             A five-count indictment, United States v.
unsealing of five separate indictments              members and associates of the Elm Street      Preston Hardy et al., charges 12 members
charging a total of 65 defendants with a            Wolves street gang with multiple counts       and associates of the Cliff Street
series of federal crimes, including murder,         related to the distribution of crack          Gangsters with conspiracy to distribute
narcotics distribution, and firearms                cocaine, as well as firearm offenses. The     crack cocaine and marijuana, as well as
possession in Yonkers, New York. Fifty-             Elm Street Wolves are a drug trafficking      firearms offenses. The Cliff Street
nine of the defendants are members or               organization whose members have sold          Gangsters are a drug trafficking
associates of either the Elm Street Wolves          crack cocaine in the vicinity of Elm and      organization whose members have sold
or the Cliff Street Gangsters—two street-           Oak streets in Yonkers, New York, since       crack cocaine and high-grade marijuana in
gangs based in Yonkers, New York.                   at least 2000. Members and associates of      the vicinity of Cliff Street in Yonkers,
 U.S. Attorney PREET BHARARA                        the Elm Street Wolves worked together to      New York since at least 2005. Like the
stated: “The federal charges unsealed               ensure that they profited from the gang’s     Elm Street Wolves, members and
today should make it crystal clear that if          crack sales. Members and associates of        associates of the Cliff Street Gangsters
you join a gang or deal drugs or engage in          the Elm Street Wolves also shared             sold narcotics and shared firearms to
violence in Yonkers, you are facing                 firearms and used those firearms to protect   protect their territory from encroachment
federal time now. Today’s actions do not            the Wolves’ territory from encroachment       by rival gangs.
reflect any new law enforcement                     by rivals, including the Strip Boys and        Twelve members and associates of the
commitment—rather, they reflect a                   GMF gangs.                                    Cliff Street Gangsters—PRESTON
longstanding and deeply held belief that             Forty-seven members and associates of        HARDY, JAMES GLOVER, MICHAEL
every community in the Southern District            the Elm Street Wolves—STEVEN                  GLOVER, TERRANCE GONZALEZ,
of New York should be safe and free from            KNOWLES, MICHAEL ANDREWS,                     JAMES HARDY, AUDAI HOWARD,
the poison of drugs, gangs, and violence.           GLEN BASKET, JEROME BROOKS,                   JOSHUA JENKINS, TERRELL LUCAS,
We who police the streets and prosecute             ROBERT BRUCE, STANLEY BRUCE,                  MIGUEL MARQUEZ, GENE THOMAS,
criminals have no more important duty.”             MARCUS CHAMBERS, GERALD                       SHAWN THOMAS, and BRANDON
 FBI Assistant Director in Charge                   CHARLES, GERARD CHARLES,                      WILLIAMS—are charged with
JANICE K. FEDARCYK stated: “The                     MICHAEL CLEMONS, QUEJUAN                      conspiring to distribute crack cocaine and
Elm Street Wolves and Cliff Street                  COLLINS, MICHAEL DENNIS,                      marijuana from 2005 through August
Gangsters viciously defended their drug             RAYVON DIAZ, JOSEPH DUQUESNE,                 2011.
territories, at times aligning with each            JAMES EDMONSON, KYLE ELLISON,                  Eleven of these defendants are also
other against rival dealers, outsiders, and         CHRISTOPHER GLIVENS,                          charged with using, carrying, possessing
non-members. They retaliated against                CHRISTOPHER GRANGER, DEXTER                   and discharging firearms during the
anyone who dared to encroach on their               GRANGER, KAREEM GRANGER,                      narcotics conspiracy. The Cliff Street
territory, and they brought murder,                 RYAN GRANGER, DAQUAN                          Gangsters were aligned with the Elm
mayhem, and fear to our communities. We             GREENE, PAUL HARDY, JASON                     Street Wolves in a long-running, violent
are committed to eliminating the criminal           HARRIS, TYREE HUGHES, WILLIE                  dispute with members of the Strip Boys
enterprises that peddle poison and arm              JACKSON, MARK JONES, RASHAD                   and GMF gangs. Certain members of the
their sales force with guns. Whether you            MCNULTY, DONTE MELVIN,                        Elm Street Wolves and Cliff Street
live in Yonkers or Scarsdale, Mt. Vernon            ANTHONY NORTHOVER, MARCUS                     Gangsters committed acts of violence to
or Mt. Kisco, you have a right to safety            ODOM, DOMINICK PALLANO,                       protect their respective drug territory,
and security in your neighborhood.”                 SHAWN PATTERSON, DONALD                       including beatings, stabbings, and
 Yonkers Police Commissioner EDMUND                 PEGUES, DEXTER PICKETT,                       shootings.
HARTNETT stated: “The issue of gangs                MARQUISE PICKETT, BERNARD                      Two additional indictments, United States
and gang-related violence is not a local or         POTILLO, TRAVIS ROBINSON,                     v. Hector Valentine, et al., and United
regional matter. It’s a national problem.           MARCU.S.EPPERD, ERIC SMITH,                   States v. Michael Jones, charge four
While law enforcement must continue its             SHARIF STEWART, JAMES
efforts in the area of gang prevention,             SUMMERS, SAMUEL SUTTON,                                      U.S. page 5
Federal Criminal Defense Lawyers                                                                             Federal Criminal Justice       3

U.S. Asks to Hide Witnesses and Evidence
During the Upcoming Trial of Former CIA
Officer Jeffrey Sterling
McNabb Associates, P.C. (Federal Criminal Defense   which is currently set for October 17.         it has been edited to remove classified
                                                    “Sterling’s entitled to a public trial and     information.
Submitted at 12:42 PM August 10, 2011
                                                    we’re going to do everything we can to          The same prosecutor who is handling
 Politico on August 10, 2011 released the           make sure he actually gets a public trial      Sterling’s case, William Welch, recently
following:                                          and not one controlled by the CIA,”            proposed using the silent-witness rule as
“By Josh Gerstein                                   MacMahon said in a brief interview             well as a series of codes at the trial of a
 Federal prosecutors want permission to             Wednesday.                                     former National Security Agency staffer
introduce evidence that the public will not          The Sixth Amendment to the U.S.               who faced leak-related charges. The judge
see and to use screens to shield the                Constitution guarantees defendants the         in that case rejected that approach,
identities of some witnesses during the             right to a public trial and to confront        according to lawyers involved. The case
upcoming trial of former CIA officer                witnesses against them. However, judges        was settled through a plea bargain and
Jeffrey Sterling, who’s accused of leaking          have on some occasions allowed use of          never went to trial.
top-secret information to a New York                non-public evidence, pseudonyms, screens        In 2007, a federal judge ruled against the
Times reporter.                                     or even disguises for witnesses.               bulk of the government’s request to use
 In a court filing late Tuesday, prosecutors         One of the most controversial techniques      the silent-witness procedure as well as
said the unusual measures are neeeded to            proposed by the prosecution, the so-called     secret recordings at the trial of two pro-
safeguard national security secrets and to          silent witness rule, allows the judge, the     Israel lobbyists accused of obtaining and
assure the safety of witnesses who worked           prosecution, the defense and the jurors to     disclosing classified information. The
undercover as officers or agents for the            see a document while a witness is being        judge said he might allow the procedure
U.S.                                                questioned about it. Defense lawyers and       on a document-by-document basis. That
“In light of national security, counter-            press advocates have complained that the       case was dropped by the Justice
intelligence, and personal safety concerns,         technique amounts to secret testimony          Department in 2009.
the government asks that some of those              because the jury is effectively receiving       During a 2006 trial for alleged Hamas
witnesses be referred to throughout the             evidence to which the public has no            operatives in Chicago, the judge closed
public proceedings by the initial of their          access.                                        the courtroom as members of Israel’s
true last name (e.g. Mr. D. for John Doe),           Defense attorneys have also complained        secretive Shin Bet security service
and that a screen be used to prevent the            that the secrecy measures, when used at        testified in the case. The press and public
identities of several of those current or           trial, send a not-so secret signal to jurors   were permitted to hear the proceedings
former officers from being revealed to the          that the court has concluded that the          from a nearby room.
public,” prosecutors said in the motion             matters at issue involve national security      Brinkema ruled late last month that
submitted to U.S. District Court Judge              secrets–effectively encouraging jurors         prosecutors cannot require Risen to testify
Leonie Brinkema in Alexandria, Va.                  who must decide that issue to reach the        about his confidential sources. It is
 Sterling faces ten felony counts relating          same conclusion.                               unclear whether the government will seek
to allegations that he told Times reporter           Prosecutors also revealed Tuesday that        to appeal her ruling.”
James Risen about Operation Merlin, a               the Russian defector, referred to in court      To find additional federal criminal news,
CIA effort to transmit flawed nuclear               papers as “Human Asset No. 1,” may be          please read Federal Criminal Defense
weapon designs to Iran. In his 2006 book,           called as a witness at Sterling’s trial. In    Daily.
“State of War,” Risen said the Russian              the court filing (posted here), prosecutors     Douglas McNabb and other members of
defector to the U.S. that the CIA used to           said they are likely to request that his       the U.S. law firm practice and write
convey the information to Iran actually             identity and name be protected through         extensively on matters involving Federal
pointed out the flaws to the Iranians.              use of the same techniques.                    Criminal Defense, INTERPOL Red
Prosecutors have said aspects of Risen’s             Prosecutors said they expected the use of     Notice Removal, International Extradition
account are false but they have not been            the silent-witness procedure would occupy      and OFAC SDN List Removal.
specific.                                           only about 40 minutes of questioning            The author of this blog is Douglas
 Sterling’s lead defense attorney, Ed               during the trial. If the judge opposes using   McNabb. Please feel free to contact him
MacMahon, bridled at the prosecution                such a procedure, prosecutors asked that       directly at
requests to prevent the public from seeing          she close the courtroom altogether and or at one
some witnesses and evidence at the trial,           release a transcript of the testimony after    of the offices listed above.
Former TSA Employee Pleads Guilty to Federal Hate
Crime for Assaulting Elderly Somali Man
(USDOJ: Justice News)                               guilty today in federal court to violating
Submitted at 3:43 PM August 10, 2011                the Matthew Shepard and James Byrd Jr.
 George Thompson, 64, a former                      Hate Crimes Prevention Act by assaulting
employee of the Transportation Security             an 83-year-old Somali man on May 4,
Administration in Minneapolis, pleaded              2010.
4               Federal Criminal Justice                                                                Federal Criminal Defense Lawyers

Prosecutors Seek as Much as 24-1/2 Years for
Raj Rajaratnam
McNabb Associates, P.C. (Federal Criminal Defense   guidelines recommend, saying a long          contribution to charities he was involved
                                                    prison term would be tantamount to a         with.
Submitted at 11:37 AM August 10, 2011
                                                    death sentence.                              “I remember my mother looking out of the
 Reuters on August 10, 2011 released the             Lawyers for the 54-year-old Rajaratnam      window and feeling amazed by this boy
following:                                          said such a sentence would be unfair and     born with a silver spoon in his mouth
“By Andrew Longstreth                               overstate the seriousness of the offense.    working our lawn in sweltering Colombo
(Reuters) – Prosecutors asked a federal             “Mr. Rajaratnam’s failing health and the     heat to raise a few rupees for his cause,”
judge to sentence Raj Rajaratnam to as              unique constellation of ailments ravaging    the letter said.
much as 24-1/2 years in prison, calling the         his body mean, quite simply, that a           Rajaratnam’s lawyers argued that the
Galleon Group hedge fund founder                    lengthy period of imprisonment will          evidence submitted to the court “bears
“arguably the most egregious violator” of           constitute a death sentence and result in    scant resemblance to the greedy criminal
insider trading laws ever to be caught.             the permanent and final separation of Mr.    kingpin the government attempts to
 Rajaratnam, who was convicted of insider           Rajaratnam from his family,” said the        portray.”
trading in May, should receive a sentence           filing.                                       Rajaratnam was found guilty on five
of between 235 to 293 months, or roughly             U.S. District Judge Richard Holwell is      counts of conspiracy and nine counts of
19-1/2 to 24-1/2 years, said prosecutors in         expected to sentence Rajaratnam on           securities fraud in May.
a court filing Tuesday evening.                     September 27 and need not follow the          Prosecutors accused him of trading on
“Raj Rajaratnam’s criminal conduct was              federal guidelines.                          inside information from corporate
brazen, arrogant, harmful, and pervasive,”           In the memo, lawyers for Rajaratnam also    executives, traders and others, resulting in
said the filing. “He corrupted                      sought to portray him as a philanthropist    $63.8 million of illegal profit.
subordinates. He corrupted entire markets.          who has made a positive contribution to       The case is USA v Raj Rajaratnam et al,
Day after day, month after month, year              society. They noted he had donated more      U.S. District Court for the Southern
after year, Rajaratnam operated as a                than $45 million of his personal wealth to   District of New York, No. 09-01184.”
billion-dollar force of deception and               charitable causes.                            To find additional federal criminal news,
corruption on Wall Street.”                          They also pointed to letters provided by    please read Federal Criminal Defense
 Prosecutors argued that the sentence they          Rajaratnam’s friends, family, business       Daily.
seek, which they said is in accordance              colleagues and others that they say           Douglas McNabb and other members of
with the federal guidelines, is needed to           “describe a man remarkable for his           the U.S. law firm practice and write
reflect the seriousness of Rajaratnam’s             kindness, quiet manner, lack of pretense,    extensively on matters involving Federal
criminal activity and to “deter others —            and boundless generosity.”                   Criminal Defense, INTERPOL Red
particularly in the hedge fund and money             One letter they cited came from a           Notice Removal, International Extradition
management world from engaging a crime              childhood friend from Sri Lanka, where       and OFAC SDN List Removal.
that is far too rampant.”                           Rajaratnam was born as the second oldest      The author of this blog is Douglas
 A spokeswoman for Rajaratnam declined              of five children and the son of a business   McNabb. Please feel free to contact him
to comment on the government’s filing.              executive and homemaker.                     directly at
 In an earlier filing on Tuesday, lawyers            The letter said that as a boy Rajaratnam or at one
for Rajaratnam sought a sentence                    would help families with household           of the offices listed above.
“substantially below” what U.S.                     chores in exchange for a monetary
                                                                                                 U.S. Marine Corps Gunnery
Thai Court Reconsiders Viktor                                                                    Sergeant from South Carolina
                                                                                                 Pleads Guilty for Role in
Bout’s Extradition                                                                               Scheme to Steal Military
                                                                                                 Equipment in Iraq
McNabb Associates, P.C. (Federal Criminal Defense    This article was published by The Voice
                                                    of Russia on August 10, 2011. Thanks to      (USDOJ: Justice News)
Submitted at 11:15 AM August 10, 2011
                                                    @DOBROYEUTRO for sending the                 Submitted at 4:27 PM August 10, 2011

 The Thai court in Bangkok has started the          article to us.                                Eric Scott Hamilton, 40, of Pelzer, S.C.,
reconsideration of the decision on                   To find additional federal criminal news,   pleaded guilty before U.S. District Judge
extradition of Russian businessman Viktor           please read Federal Criminal Defense         J. Michelle Childs in the District of South
Bout to the US. Bout’s lawyer filed the             Daily.                                       Carolina to a criminal information
relevant demand back in 2010.                        Douglas McNabb and other members of         charging him with two counts of
 Bout was arrested in Thailand in 2008              the U.S. law firm practice and write         conspiracy to steal public property.
following the request from the US                   extensively on matters involving Federal
authorities.                                        Criminal Defense, INTERPOL Red
 In 2010 he was extradited to New York.             Notice Removal, International Extradition
His lawyers claim this was done with the            and OFAC SDN List Removal.
violation of the local legislation.                  The author of this blog is Douglas
 The US accuses Bout of illegal weapon              McNabb. Please feel free to contact him
trade but he denied the accusations. The            directly at
jury court on Bout’s case was slated on    or at one
October 11.                                         of the offices listed above.
Federal Criminal Defense Lawyers                                                                                             Justice US Marshals   5
continued from page 2

Yonkers residents with conspiracy to          be presented in White Plains federal court    Customs Enforcement, the New York
distribute crack cocaine as well as           later this afternoon. A chart setting forth   State Police, the Westchester County
substantive counts of possession and          the charges in the indictments and the        Department of Public Safety, and the
distribution of crack cocaine. HECTOR         applicable penalties is below.                Westchester County District Attorney’s
VALENTINE, LEONARD BAMBERG                     The Indictments are the result of a long-    Office for their assistance in the case. He
and RONALD CHANCE are charged                 term investigation conducted by federal,      added that the investigation is continuing.
with conspiring to distribute crack cocaine   state, and local law enforcement               The prosecution is being handled by the
in Yonkers from October 2010 through          authorities working with the U.S.             Office’s White Plains Division. Assistant
May 2011, and with possessing crack           Attorney’s Office for the Southern District   U.S. Attorneys MICHAEL ENGLISH,
cocaine with the intent to distribute the     of New York. In March 2009, this office       ANDREW BAUER, and TELEMACHUS
crack. MICHAEL JONES is charged with          charged three members of the Elm Street       KASULIS are in charge of the
conspiring to distribute crack cocaine in     Wolves—GREGORY FULLER, DAVON                  prosecution.
Yonkers from 2010 through May 2011            YOUNG, and THOMAS                              The charges contained in the indictments
and with possessing crack with the intent     CHAMBLISS—with the January 2008               are merely accusations, and the defendants
to distribute.                                murder of a narcotics dealer in northern      are presumed innocent unless and until
 A fifth indictment, United States v.         Yonkers. In January 2011, FULLER,             proven guilty.
Jonathan Harvey- Acquino, et al., charges     YOUNG, and CHAMBLISS were each                 11-236
two Yonkers residents with selling            convicted after trial of murder, conspiracy    U.S. v. Steven Knowles, et al.”
firearms. JONATHAN HARVEY-                    to distribute crack cocaine, robbery and       To find additional federal criminal news,
ACQUINO and BRANDEN JONES are                 firearms offenses.                            please read Federal Criminal Defense
charged with conspiring to distribute          They are scheduled to be sentenced on         Daily.
firearms and with selling two                 September 29, 2011. In July 2011, LUZ          Douglas McNabb and other members of
semiautomatic firearms in Yonkers from        RIVERA pled guilty to operating a stash       the U.S. law firm practice and write
November 2010 through April 16, 2011.         apartment used by members of the Elm          extensively on matters involving Federal
 Federal and local law enforcement            Street Wolves to package crack cocaine,       Criminal Defense, INTERPOL
officers executed court-authorized            and is awaiting sentencing.                    Red Notice Removal, International
warrants today on 13 locations tied to         This Office also charged DESHORN             Extradition and OFAC SDN List
many of the named defendants. During the      SHEALY, a member of the Cliff Street          Removal.
arrests and searches, agents and officers     Gangsters, with conspiracy to distribute       The author of this blog is Douglas
seized a number of firearms, quantities of    crack in October 2010. The case is            McNabb. Please feel free to contact him
crack and marijuana, as well as cash from     pending.                                      directly at
at least 11 individuals and locations.         Mr. BHARARA praised the outstanding or at one
 Sixty-two of the 65 defendants charged in    investigative work of the FBI and the         of the offices listed above.
the indictments were arrested today or        Yonkers Police Department. He also
were previously in custody. The               thanked the U.S. Drug Enforcement
defendants arrested today are expected to     Administration, U.S. Immigration and
Brooklyn Man Pleads Guilty to                 Los Angeles Jury Convicts Two                 U.S. Marshals Stop Local
Online Identity Theft Involving               Church Pastors and Their
More Than $700,000 in                         Employee of $14.2 Million
                                                                                            Escape Attempt
                                                                                            (U.S. Marshals Service News)
Reported Fraud                                Medicare Fraud Scheme                         Submitted at 10:53 AM August 10, 2011

(USDOJ: Justice News)                         (USDOJ: Justice News)                          August 09, 2011 - On August 4, 2011 the
Submitted at 11:28 AM August 10, 2011         Submitted at 1:18 PM August 10, 2011          United States Marshals along with Grady
 A Brooklyn, N.Y., man pleaded guilty          After a two-week trial in federal court in   County Jail personnel thwarted an attempt
today in U.S. District Court in Alexandria,   Los Angeles, a jury found Christopher         to escape from jail by federal prisoner
Va., for his role in managing a credit card   Iruke, 60; his wife, Connie Ikpoh, 49; and    Sergio Contreras-Sanchez, aka “Boxer”.
fraud operation that operated throughout      Aura Marroquin, 30, guilty of multiple        Also arrested in the escape attempt was
the East Coast of the United States.          charges.                                      Maria Jimenez, girlfriend to Contreras-
                                              The United States Marshals                    Sanchez.
Bastrop Area Child
Abuser Suspect Arrested                       Service Announces Interns
by Fugitive Task Force                        for the Fall Semester
(U.S. Marshals Service News)                  (U.S. Marshals Service News)
                                              Submitted at 11:04 AM August 10, 2011
Submitted at 10:56 AM August 10, 2011

 August 10, 2011 - Abraham Moya Ortiz,         August 10, 2011 - The Marshals Service
whose last known address was in the Del       is proud to announce that the first five
Valle area, was arrested this morning by      candidates for the New Mexico State
the Lone Star Fugitive Task Force near        University and United States Marshals
the intersection of Tinnin Ford Rd., and      Service Volunteer Student Internship
Riverside without incident. Ortiz was         Program in Las Cruces, New Mexico have
sought by Bastrop County authorities last     been selected. The Interns have received
month for his alleged involvement with        notice that they are to report and will
the continuous sexual abuse of a child, a     officially start the Volunteer Student
first degree felony in Texas.                 Intern Program in August.
6                Federal Criminal                                                                    Federal Criminal Defense Lawyers

Eduardo Garcia Indicted by a Laredo Federal Grand Jury
for Extortion Under Color of Official Right and
Unauthorized Access to Protected Computer Information
McNabb Associates, P.C. (Federal Criminal Defense   appearance this morning before U.S.           from a protected computer.
                                                    Magistrate Judge Guillermo Garcia at           Each of the three Hobbs Act violations
Submitted at 8:20 AM August 10, 2011
                                                    which time the indictment was officially      carries a statutory maximum penalty upon
 The U.S. Attorney’s Office Southern                unsealed and Garcia was ordered               conviction of 20 years in prison without
District of Texas on August 9, 2011                 temporarily detained pending a detention      parole and a $250,000 fine. The alleged
released the following:                             hearing set for Thursday, Aug. 11, 2011,      computer abuse and fraud act violation
“Webb County Deputy Constable Indicted              at 10:00 a.m. before U.S. Magistrate          carries a maximum five-year-term of
for Accepting Bribes                                Judge J. Scott Hacker.                        imprisonment and a $250,000 fine upon
 LAREDO, Texas – A Webb County                       According to allegations in the              conviction.
Deputy Constable has been arrested                  indictment, Garcia has been a peace            The investigation resulting in the charges
following the return of an indictment by a          officer since 1993. During all times          against Garcia was conducted by the
Laredo grand jury accusing him of                   relevant to the indictment, he was            Laredo offices of the FBI and the DEA.
accepting bribes in his official capacity           employed as a deputy constable involved       Assistant United States Attorneys Roberto
and accessing protected computer                    in operating a prison transport van among     F. Ramirez and Elizabeth R. Rabe are
information, United States Attorney José            other duties. In or about Oct. 22, 2008,      prosecuting the case.
Angel Moreno announced today along                  Garcia is accused of accepting a $500          An indictment is a formal accusation of
with FBI Special Agent in Charge Cory B.            bribe to provide protection for a vehicle     criminal conduct, not evidence.
Nelson and Drug Enforcement                         which he believed to be transporting in        A defendant is presumed innocent unless
Administration (DEA) acting Special                 excess of 500 grams of cocaine from           and until convicted through due process of
Agent in Charge Thomas E. Hinojosa.                 south Laredo to north Laredo. He is also      law.”
 A four-count indictment was returned               accused of accepting another $500 bribe        To find additional federal criminal news,
under seal on Tuesday, Aug. 2, 2011,                on Nov. 21, 2008, to escort a second          please read Federal Criminal Defense
charging Deputy Constable Eduardo                   vehicle he believed to be transporting        Daily.
Garcia, 44, of Laredo, with three counts of         cocaine. Garcia is accused in the third        Douglas McNabb and other members of
extortion under color of official right, that       count of the indictment of accepting a        the U.S. law firm practice and write
is, accepting bribes from another                   $200 bribe to cause another to check a        extensively on matters involving Federal
purported engaged in criminal conduct               license plate number for a specific license   Criminal Defense, INTERPOL Red
including illegal narcotics trafficking in          plate through the Texas Law Enforcement       Notice Removal, International Extradition
exchange for the performing or not                  Telecommunications System (TLETs), a          and OFAC SDN List Removal.
performing an official act. The fourth              protected computer system in March             The author of this blog is Douglas
count of the indictment accuses Garcia of           2011. Lastly, Garcia is accused of a          McNabb. Please feel free to contact him
unauthorized access to protected computer           violating the computer fraud and abuse act    directly at
information.                                        by causing another person to exceed  or at one
 Garcia was arrested by FBI agents late             authorized access by performing a license     of the offices listed above.
yesterday afternoon. He made his initial            plate check and obtaining information
Alleged Mexican Mafia Members Paul Anthony Sanchez, Eduardo Garcia, Jason Ryan Gonzales,
Christopher Ybarra, Jesus P. Sanchez, Adrian Lemus, John Jay Navarro, Andrew Rodriguez, and
Joseph Andrew Correa Indicted by a Federal Grand Jury on Federal Drug Charges
McNabb Associates, P.C. (Federal Criminal Defense   indictment include: 30-year-old Paul          coercive collection of a ten percent drug
                                                    Anthony Sanchez of Hondo, Texas; 40-          tax, also known as “the dime.” Collection
Submitted at 8:36 AM August 10, 2011
                                                    year-old Eduardo Garcia of Poteet, Texas;     of “the dime” was enforced by robbery,
 The U.S. Attorney’s Office Western                 30-year-old Jason Ryan Gonzales of            serious bodily injury or other acts of
District of Texas on August 9, 2011                 Hondo; 29-year-old Christopher Ybarra         violence.
released the following:                             of Hondo; 31-year-old Jesus P. Sanchez of      The indictment also charges defendants
“FEDERAL, STATE AND LOCAL                           San Antonio; 31-year-old Adrian Lemus         Correa and Rodriguez with two counts of
AUTHORITIES ARREST NINE                             of Hondo; 23-year-old John Jay Navarro        distribution of methamphetamine;
HONDO-BASED TEXAS MEXICAN                           of Pearsall, Texas, and, 29-year-old          Sanchez, one count of distribution of
MAFIA MEMBERS BASED ON                              Andrew Rodriguez of Hondo. Authorities        heroin. Upon conviction, the defendants
FEDERAL CHARGES                                     are still looking for 37-year-old Joseph      face up to 20 years in federal prison on the
 United States Attorney John E. Murphy,             Andrew Correa of Hondo.                       conspiracy charge and between five and
FBI Special Agent in Charge Cory B.                  A federal grand jury indictment, returned    40 years in federal prison per drug
Nelson and Texas Department of Public               on July 20, 2011, and unsealed today,         distribution charge.
Safety Director Steve McCraw announced              charges that since October 1, 2010, all of     Authorities also arrested 38-year-old
today that eight Hondo, Texas-based                 the defendants, with the exception of         Ignacio Aragon, Jr., of San Antonio this
members and associates of the Texas                 Rodriguez, have conspired to interfere        morning while executing a search warrant
Mexican Mafia (TMM) have been                       with commerce by threats and/or violence.     at his residence. Investigators discovered a
arrested based on a federal drug                    The indictment alleges that they conspired    loaded .40 caliber semiautomatic pistol
indictment; an ninth TMM member, on a               to extort money from methamphetamine,         inside the residence. A federal criminal
federal firearms charge.                            heroin and marijuana traffickers operating
 Those arrested, and charged by                     in Hondo, Poteet and Pearsall through the                 ALLEGED page 8
Federal Criminal Defense Lawyers                                                                                      Federal Criminal        7

Luis Andres Cardona Indicted by a McAllen
Federal Grand Jury for Production of Child
McNabb Associates, P.C. (Federal Criminal Defense   investigation by the FBI. Presently in state   state and local resources to better locate,
                                                    custody, Cardona is expected to be             apprehend and prosecute individuals who
Submitted at 8:15 AM August 10, 2011
                                                    transferred into federal custody for           exploit children via the Internet, as well as
 The U.S. Attorney’s Office Southern                arraignment on the federal charges in the      to identify and rescue victims. For more
District of Texas on August 9, 2011                 very near future.                              information about Project Safe Childhood,
released the following:                              If convicted of production of child           please visit
“McALLEN, Texas – A McAllen grand                   pornography, Cardona faces no less than
jury has indicted Luis Andres Cardona,              15 years up to life in federal prison           An indictment is a formal accusation of
53, for production of child pornography,            without parole, a fine of $250,000 and a       criminal conduct, not evidence.
United States Attorney José Angel                   term of supervised release of no less than      A defendant is presumed innocent unless
Moreno announced today.                             five years up to life during which the court   and until convicted through due process of
 The one-count indictment, returned by              can impose any number of conditions            law.”
the grand jury on Aug. 9, 2011, charges             designed to protect children. Additionally,     To find additional federal criminal news,
Cardona, of Mission, Texas, with                    registration as a sex offender is              please read Federal Criminal Defense
producing images of child pornography               mandatory.                                     Daily.
beginning in December 2008 through                   Assistant U.S. Attorneys Juan F. Alanis        Douglas McNabb and other members of
October 2010 of a minor child using                 and Kimberly Bulger Leo are prosecuting        the U.S. law firm practice and write
materials that had been mailed, shipped or          the case.                                      extensively on matters involving Federal
transported in or affecting interstate or            This case was brought as part of Project      Criminal Defense, INTERPOL Red
foreign commerce.                                   Safe Childhood, a nationwide initiative to     Notice Removal, International Extradition
 The federal charges arise from an                  combat the growing epidemic of child           and OFAC SDN List Removal.
investigation initiated by the Mission              sexual exploitation and abuse launched in       The author of this blog is Douglas
Police Department which culminated in               May 2006 by the Department of Justice.         McNabb. Please feel free to contact him
the arrest of Cardona in May 2011 on state          Led by United States Attorneys’ Offices        directly at
charges involving the alleged sexual abuse          and the Criminal Division’s Child     or at one
of a nine-year-old female child. The                Exploitation and Obscenity Section,            of the offices listed above.
federal charges are the result of further           Project Safe Childhood marshals federal,

Naser Jason Abdo Indicted by a Waco Federal Grand Jury for
Possession of an Unregistered Destructive Device As Well As
Possession of a Firearm and Ammunition by a Fugitive From Justice
McNabb Associates, P.C. (Federal Criminal Defense   fugitive from justice.                         Investigation Command, Bureau of
                                                     According to court records, officers with     Alcohol, Tobacco, Firearms and
Submitted at 8:26 AM August 10, 2011
                                                    the Killeen Police Department arrested         Explosives, Killeen Police Department
 The U.S. Attorney’s Office Western                 Abdo on July 27, 2011. At the time of his      and the Texas Department of Public
District of Texas on August 9, 2011                 arrest, the defendant, an absent without       Safety. Assistant United States Attorney
released the following:                             leave (AWOL) soldier from Fort                 Mark Frazier is prosecuting this case on
“NASER JASON ABDO INDICTED BY                       Campbell, Kentucky, was in possession of       behalf of the Government.
A FEDERAL GRAND JURY IN                             the handgun plus instructions on how to         An indictment is merely a charge and
CONNECTION WITH BOMB PLOT                           build a bomb as well as bomb making            should not be considered as evidence of
 United States Attorney John E. Murphy              components, including six bottles of           guilt. The defendant is presumed innocent
and Federal Bureau of Investigation                 smokeless gunpowder, shotgun shells,           until proven guilty in a court of law.”
Special Agent in Charge Cory B. Nelson              shotgun pellets, two clocks, two spools of      To find additional federal criminal news,
announced that a federal grand jury seated          auto wire, an electric drill and two           please read Federal Criminal Defense
in Waco returned an indictment this                 pressure cookers. Court documents also         Daily.
afternoon charging 21-year-old Naser                allege that Abdo intended to use the            Douglas McNabb and other members of
Jason Abdo with possession of an                    materials to assemble two destructive          the U.S. law firm practice and write
unregistered destructive device as well as          devices with the intention of detonating       extensively on matters involving Federal
possession of a firearm and ammunition              them inside an unspecified restaurant          Criminal Defense, INTERPOL Red
by a fugitive from justice.                         frequented by soldiers from Fort Hood.         Notice Removal, International Extradition
 The three-count indictment specifically             Abdo remains in federal custody. If           and OFAC SDN List Removal.
alleges that on July 27, 2011, Abdo was in          convicted, he faces up to ten years in          The author of this blog is Douglas
possession of a destructive device not              federal prison and a maximum $250,000          McNabb. Please feel free to contact him
registered to him in the National Firearms          fine per count.                                directly at
Registration and Transfer Record as well             This case is being investigated by agents or at one
as a .40 caliber semi-automatic pistol and          with the Federal Bureau of Investigation       of the offices listed above.
20-gauge shot shells while being a                  together with U.S. Army Criminal
8                                                                                         Federal Criminal Defense Lawyers
continued from page 6

complaint, filed this morning, charges       guilt. The defendants are presumed
Aragon with being a convicted felon in       innocent until proven guilty in a court of
possession of a firearm. Aragon’s            law.”
criminal history includes felony              To find additional federal criminal news,
convictions for possession of a controlled   please read Federal Criminal Defense
substance, burglary and unauthorized use     Daily.
of a motor vehicle. Upon conviction,          Douglas McNabb and other members of
Aragon faces up to ten years in federal      the U.S. law firm practice and write
prison.                                      extensively on matters involving Federal
 This investigation was conducted by the     Criminal Defense, INTERPOL Red
Federal Bureau of Investigation together     Notice Removal, International Extradition
with the Texas Department of Public          and OFAC SDN List Removal.
Safety–Criminal Investigations Division.      The author of this blog is Douglas
U.S. Immigrations and Customs                McNabb. Please feel free to contact him
Enforcement, U.S. Marshals Service, San      directly at
Antonio Police Department, Bexar County or at one
Sheriff’s Department and the Bexar           of the offices listed above.
County District Attorney’s Office also
assisted in this investigation.
 An indictment is merely a charge and
should not be considered as evidence of

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