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June 19, 2012 - The Federal Crimes Watch Daily

June 19, 2012 - The Federal Crimes Watch Daily

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Published by Douglas McNabb
The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney.
The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney.

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Published by: Douglas McNabb on Jun 20, 2012
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Federal Criminal Defense Lawyerswww.McNabbAssociates.comTuesday, June 19, 2012
Submitted at 2:21 PM June 19, 2012
SeattlePI on June 19, 2012 released thefollowing:“GENE JOHNSON, Associated PressSEATTLE (AP) — The JusticeDepartment’s top official in Seattlepromised Monday to start sending morepeople to federal prison for gun crimesfollowing several tragic and randomshootings in the city, including the deathsof four people at an artsy cafe.For more than a decade, federalprosecutors have reviewed state cases of felons caught with weapons under anationwide program called Project SafeNeighborhoods, and they’ve gone aftersome of the worst offenders — sendingthem to federal prison for longer than theywould face under state law.Seattle U.S. Attorney Jenny Durkan saidher office will now prosecute all felon-in-possession gun cases in Seattle in whichthere is federal jurisdiction and in whichthe defendants would face more timefederally.“We have seen way too many shootings inthe city this year,” Durkan said at a newsconference. “If you bring a gun to a crime,you will do time, and you likely will dofederal time.”The federal penalties for gun crimesinclude up to 10 years for being a feloncaught with a firearm, an automatic five-year minimum for bringing a gun to adrug deal, and a 15-year minimum forthose who are caught with a gun afterhaving three prior violent or drug-relatedfelony convictions.By contrast, under state law, ex-cons whoare caught with a gun could face a two-year sentence if their underlying felony isconsidered “serious.” If the underlyingfelony is not considered serious —burglary, drug cases, and childpornography among others — it takes fourconvictions for being a felon-in-possession before the offender is sent back to prison for one year, said King CountyProsecutor Dan Satterberg, who hosted thenews conference Monday.Few people realize how lenient state lawis about felons who get guns, Satterbergsaid, and Washington state is alsopermissive when it comes to armedchildren. Children under 18 have to beconvicted of illegal gun possession fivetimes before they are sent to a stateJuvenile Rehabilitation Authority facilityfor 15 weeks, he said.Seattle has already seen more homicidesthis year — 21 — than it saw all of lastyear, though it remains one of the nation’ssafer big cities.On May 30, a man with a history of undiagnosed mental problems walked intoa cafe in the city’s University District andopened fire, killing four people andwounding another. He then killed awoman downtown while stealing her car,and took his own life on a city street thatafternoon as police moved in to arresthim.The spree followed two unrelated,random killings. In the first, a 21-year-oldculinary student who had just moved toSeattle was killed by a bullet fired from apassing car as she was walking home. Inthe second, a man was driving in a vanwith his children and his parents in broaddaylight when a bullet struck him in thehead. The still-unidentified shooter, whohad been in an argument on the street, wasaiming for someone else.Last year, a King County deputyprosecutor specially designated to reviewgun cases for federal prosecution, StephenHobbs, looked at 200 cases. The U.S.attorney’s office wound up prosecuting 40of those cases, and in about 50 others,Hobbs sent a letter to the defendantswarning them that they would probablyface federal prosecution — and a longersentence — unless they agreed to pleadguilty in state court.In about 25 to 50 of the cases, the U.S.attorney’s office might have had jurisdiction but declined to prosecute, saidspokeswoman Emily Langlie. For now,the office’s new policy of taking all casesapplies only to Seattle.Durkan, Satterberg and Seattle MayorMike McGinn acknowledged that solvinggun violence takes more than toughprosecution. The state lacks the capacityin many cases to provide meaningfulinterventions in emergency mental healthsituations, Satterberg said, and budgetarycuts to social services have compoundedthat.But there are things people can do tohelp, they said. They urged gun owners tokeep their guns properly locked up. WhileSeattle police have recovered 361 gunsfrom criminals this year, 81 others havebeen reported stolen in burglaries, DeputySeattle Police Chief Nick Metz said.They also said state laws should bechanged to make penalties stiffer forfelons and children who get guns illegally,and to stop gun purchases at gun showswithout a background check.Durkan urged people to call police ormental health hotlines if they’reconcerned about relatives who haveweapons and may be mentally ill.“There’s more help out there than peopleunderstand,” she said.”————————————————————–Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————–To find additional federal criminal news,please readFederal Criminal DefenseDaily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation.The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly atmcnabb@mcnabbassociates.comor at oneof the offices listed above.
Submitted at 4:45 PM June 19, 2012
Sentencing hearing has been rescheduledfor November 9, 2012 at 1:30 p.m.Eastern
 
2Federal Criminal Defense Lawyers
Submitted at 11:08 AM June 19, 2012
The Washington Post on June 18, 2012released the following:“By Associated Press, Published: June 18AUSTIN, Texas — A federal judge ruledMonday that a Texas horse trainer chargedwith conspiring to launder money forMexico’s powerful Zetas drug cartelshould be released on bail, rejecting theprosecution’s argument that the threat of cartel reprisals against him was so severeit could harm the surrounding community.Eusevio Maldonado-Huitron remained incustody because federal prosecutors saidthey will appeal the decision. Hours later,however, federal prosecutors filed amotion to withdraw their appeal, clearingthe way for Maldonado-Huitron’s releasesoon.Maldonado-Huitron ran a horse farm inBastrop County southeast of Austin and isamong 15 people charged with helping theZetas launder millions of dollars throughquarter horse operations in Oklahoma,Texas, New Mexico and California.After listening to a string of witnesses ina bail hearing that stretched over twodays, U.S. Magistrate Judge AndrewAustin said he was setting conditions forMaldonado-Huitron’s release, but hedidn’t immediately make them public.Prosecutors conceded that they had noevidence Maldonado-Huitron was violentbut said there was a risk he could flee toMexico and disappear given his familyties in that country. However, the greaterdanger in releasing him from federalcustody, they argued, was the threat posedby the Zetas targeting him and his family— and by extension, the community atlarge.Assistant U.S. Attorney Michelle Fernaldsaid she was limited on what she couldsay in open court prior to trial. But sheargued that Maldonado-Huitron shouldremain in custody given the “nature andseriousness of the danger to any memberof the community,” due to both “thenature of this organization and theseriousness of the potential retaliation, not just to him but to his family members andanyone else.”That argument was based on testimonyFriday from FBI agent Haskell Wilkins,who said the defendant was a seriousflight risk due to the possibility he couldbe targeted by the Zetas.But Maldonado-Huitron’s attorney,assistant federal Public Defender JoseGonzalez-Falla, countered Monday that“we haven’t heard anything to indicate”his client’s guilt. He said prosecutors’arguments of “’trust us, it’s in theindictment’” is not enough.Gonzalez-Falla said Maldonado-Huitronis an illiterate horse trainer who poses nothreat to the Zetas. An associate of Maldonado-Huitron’s from El Pasotestified Monday that the trainer wasactually dismissed weeks before his arrestbecause his horses were underperforming,which the defense attorney said meant hisclient was now even less important in theeyes of the cartel.“Why on earth would they hit my client?”he asked. “What has he done? He’s ahorse trainer.”Also testifying Monday was Maldonado-Huitron’s brother, Jesus, who when askedif he knew what the Zetas were answeredthrough an interpreter, “just what you hearon TV.”“From what they say, they killed a lot of people in Mexico and then they toss thebodies out,” the elder Maldonado-Huitrontestified.Gonzalez-Falla said his client had a rightto get paid for his services no matter whohired him, adding that the government’sarguments were based only on “a bunch of rumors about receiving some money.” Hesaid prosecutors feared the ferociousnessof any possible reprisals, “just becausethey’re the Zetas and they’re bad and theykill people and take their heads off.”“What does that have to do with myclient?” he asked.Austin sided with the defense, sayingMaldonado-Huitron’s family might betargeted, but that the threat was no lessacute if the defendant was in prison. Hesaid the only risk to the lager communityhe could see might be “someone’s horsemight get beat in a race if Mr. Huitrontrains the horse.”Austin also said he appreciated the flightrisk but couldn’t imagine the defendantfleeing to Mexico given how powerful theZetas are there.Maldonado-Huitron is “frankly, a lotbetter off in the United States than inMexico, which is the only place I can seehe’d flee to,” the judge said.”————————————————————–Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment 
 
Federal Crimes – Detention Hearing————————————————————–To find additional federal criminal news,please readFederal Criminal DefenseDaily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation.The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly atmcnabb@mcnabbassociates.comor at oneof the offices listed above.
Submitted at 1:48 PM June 19, 2012
The Justice Department announced todaythat the Civil Rights Division will monitorthe municipal election on June 20, 2012,in Crisfield, Md. The monitoring willensure compliance with the Voting RightsAct of 1965. The Voting Rights Actprohibits discrimination in the electionprocess on the basis of race, color ormembership in a minority language group.
Submitted at 4:26 PM June 19, 2012
U.S. District Judge Patricia A. Seitz inMiami sentenced Marietha Morales, 38, to108 months in prison and Eduardo Saborit-Dominguez, 48, to 46 months in prison.
Submitted at 4:44 PM June 19, 2012
Sentencing hearing has been scheduledfor August 23, 2012 at 9:30 a.m. Eastern
Federal Criminal Justice Antitrust
 
3Federal Criminal Defense Lawyers
Submitted at 3:42 PM June 19, 2012
The Herald Bulletin on June 19, 2012released the following:“Associated PressINDIANAPOLIS — Federal prosecutorswrapped up their case Monday against aprominent Indianapolis businessman whothey say bilked investors out of $200million, much of it life savings.For the past week, prosecutors havepresented evidence against Tim Durham,business partner James F. Cochran andaccountant Rick D. Snow. The men areaccused of raiding the Akron, Ohio-basedFair Finance Co. and allegedly used aPonzi scheme to steal the savings fromabout 5,000 mostly elderly investors.They are charged with 12 felony counts of wire fraud, securities fraud and conspiracyto commit wire and securities fraud.One of them, Donald Russell of Doylestown, Ohio, testified that he lost$350,000, and his 82-year-old mother lost$125,000 and died a month later. He saidhe believes the stress of losing her lifesavings pushed her over the edge.“They have no hearts or souls,” Russellsaid of Durham and his partners.Defense attorney John Tompkins saidDurham is innocent, but told TheIndianapolis Star that he feels sorry forRussell.“I don’t think that there are any words thatcould begin to address the situation that hefaces,” Tompkins said. “He had a horriblecircumstance, and words cannot consolehim.”Prosecutors presented analyses of forensic accountants that showed moneyfrom Fair Finance being used to help payfor an expensive Playboy party, Durham’sclassic cars and trips to luxury resorts andcasinos.Donald Fair, who sold his company toDurham and Cochran in 2002, testifiedthat the men loaned investors’ money tothemselves and their businesses and neverrepaid it.Prosecutors played recorded phone callsin which Durham and Cochran allegedlymade up excuses to give investors aboutwhy their interest checks had stopped andthey couldn’t cash in. The men tried topersuade Ohio regulators to allow them tosell another $250 million in investmentcertificates, prosecutors said, and took cash deposits from investors to whom theypromised to issue more investmentcertificates later.Cochran doubted regulators would shutdown the company, according torecordings played in court.“If they’re gonna blow us up, we’re gonnablow them up,” Cochran allegedly said ina phone call with Durham on Nov. 13,2009. “I mean nobody wins andeverybody loses, but we lose the worst. …I mean it would be a catastrophic event inthe state of Ohio. And I’m sure they don’twant that kind of headline.”Prosecutors presented emails andrecordings in which the men discussedlayoffs, selling off assets and other waysto cut costs or conceal the loans, yetCochran also asked to raise his salary to$1 million a year.In the weeks before an FBI raid shutdown Fair Finance in November 2009,prosecutors said Monday, Durham and hispartners transferred $85 million from theparent company, DC Investments, toFair’s books to show more assets on thecompany’s balance sheet, the IndianapolisBusiness Journal reported.Defense attorneys are expected to presenttheir case Tuesday morning, and closingarguments are scheduled for Tuesdayafternoon. Jury deliberations are expectedto begin Wednesday.Attorneys for Cochran and Snow havedeclined to talk about the trial, andTompkins refused to discuss his defensestrategy. He said he didn’t know if Durham would testify in his own defense.“That will be his decision, but I willadvise him,” Tompkins said. “We haven’thad our discussion.”"————————————————————–Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————–To find additional federal criminal news,please readFederal Criminal Defense
 
Daily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation.The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly atmcnabb@mcnabbassociates.comor at oneof the offices listed above.
Submitted at 5:33 PM June 19, 2012
The Justice Department announced todaythe filing of a lawsuit against Rose AcreFarms Inc., a major U.S. egg producerbased in Seymour, Ind., alleging that RoseAcre engaged in a pattern or practice of discrimination against work-authorizednon-citizens in the employment eligibilityverification process.
Submitted at 5:09 PM June 19, 2012
Sentencing hearing has been scheduledfor October 16, 2012 at 9:15 a.m. Pacific
Federal Criminal Justice Antitrust

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