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Florida Man Indicted in Connection with Fraudulent Vending Machine Business Opportunity Venture
WASHINGTON – A Tampa federal grand jury has charged a Florida man with criminal contempt of a federal court order in connection with the operation of a fraudulent vending machine business opportunity, the Justice Department announced today. The criminal charges form part of the government’s continued nationwide crackdown on business opportunity fraud.
The indictment returned by the grand jury alleges that Mark Miller, 40, of Maitland, Fla., fraudulently marketed and sold business opportunities nationwide under the names Site Selectors Inc., Five-Star Vending Inc., Markland Group Inc. and Break Time Vending. Miller and his representatives allegedly told customers that, for purchase prices of $2,500 or more, they would receive snack and drink vending machines and be able to place them in profitable locations through the use of Miller’s locating services.
Miller was subject to a 2003 federal court order that, among other things, banned him from the sale of business ventures, forbid misrepresentations in the sale of such ventures (should he decide to violate the ban), and required that he monitor his salespeople to ensure they made no misrepresentations. According to the indictment, Miller violated this order by selling vending machine business ventures out of Seminole and Orange Counties in Florida from at least April 2005 through at least April 2007, making various misrepresentations when he sold the ventures, and using an alias to do so. Miller’s violations allegedly cost consumers more than $450,000.
The indictment further alleges that Miller’s customers complained to him and his representatives about not receiving purchased vending machines or locating services. Miller allegedly refused to give refunds and instead told, and instructed employees to tell, complaining customers false stories about the reasons for his not providing the promised business ventures.
"This case stems from an injunction we obtained after the Federal Trade Commission referred a civil case to us involving Mark Miller and a business opportunity he sold called Century Placements that also involved vending machines. The 2003 order in the civil case gave Miller a chance to obey the law, but instead he continued with the same type of illegal scheme," said Tony West, Assistant Attorney General for the Justice Department’s Civil Division. "When people disobey court orders and cause consumers to lose money, we will not hesitate to seek justice by filing criminal contempt charges. In fact, we have charged over 100 individuals with business opportunity-related felonies in the past five years."
Miller is charged with seven felony counts of criminal contempt. If convicted, Miller faces imprisonment and a possible fine. An indictment is merely an allegation, and every defendant is presumed innocent until proven guilty beyond a reasonable doubt.
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Twenty-Four Defendant Indictment Names Members and Leaders of Notorious MS-13 Gang, Alleging Federal Racketeering Violations, Including Multiple Murders
In the first indictment in Los Angeles to allege racketeering charges against the MS-13 Gang, several members, leaders and associates were arrested early this morning after the return of a federal indictment which charges two dozen defendants, including the executive director of a non-profit gang intervention organization with violations ranging from murder and conspiracy to commit murder and extortion to narcotics trafficking, announced Thomas O'Brien, United States Attorney in Los Angeles, Salvador Hernandez, Assistant Director of the FBI in Los Angeles, and Chief William Bratton of the Los Angeles Police Department.
The sixteen-count federal indictment, unsealed today, charges 24 members and associates of MS-13 with participating in a racketeering conspiracy that involved a variety of crimes including murder, conspiracy to commit murder, extortion, robbery, narcotics trafficking, and witness intimidation, over a period of fifteen years. The indictment alleges the defendants who engaged in the racketeering enterprise, were responsible for seven murders and eight conspiracies to commit murder since 1995.
Five of the defendants charged allegedly conspired to murder a veteran detective with the Los Angeles Police Department's Gang unit. According to the indictment, defendants Carlos Cuentas, Pedro Lopez, Kelvin Melgar, Francisco Morales and Eric Salazar engaged in discussions to kill the detective and even discussed the weapon that would be used to carry out the murder.
The indictment charges Alex Sanchez, the Executive Director of "Homies Unidos," a non-profit organization which purports to use the public and private charitable contributions it receives for gang intervention efforts. Sanchez is charged with racketeering offenses, including conspiracy to murder, during the time he was associated with Homies Unidos.
“Today, in Los Angeles, where the MS-13 gang was formed, we are holding its leaders accountable for the violence and intimidation they have used to bring terror to the citizens living and working within the gang’s territory,” said Thomas P. O’Brien, the United States Attorney in Los Angeles. “We will continue to work with all of our law enforcement partners, both local and federal, to ensure that this gang’s leaders’ are held accountable for their criminal conduct.”
The indictment announced today is a result of a three-year investigation by the FBI and the LAPD which focused on the leadership of multiple cliques of the MS-13 gang, spanning from 1995 to the present. MS-13 members and associates allegedly used violence and intimidation to control narcotics sales and distribution within its claimed territory, and to collect extortion payments or "rent" from gang members and non-gang members who conducted business in its territory, to include legitimate business.
"As demonstrated by the indictment, local members of the MS-13 gang operated with of level of lethality alarming even by violent street gang standards," said Salvador Hernandez, Assistant Director in Charge of the FBI in Los Angeles. "The FBI will continue to work with its partners to pursue these most violent of criminals to ensure they are removed from our cities' streets."
Los Angeles is the birthplace for MS-13, or "Mara Salvatrucha-13," and was formed by immigrants who fled the civil war in El Salvador in the 1980s. The number "13" relates to the thirteenth letter of the alphabet, or "M," a known to reference "La Eme," or the Mexican Mafia, a California-based prison gang that exercises control over MS-13 members and other street gangs whose members pay taxes in exchange for protection. MS-13 operates in areas of Los Angeles including, but not limited to Rampart, Wilshire, Olympic, and Hollywood. The gang is estimated to have several thousand members in multiple U.S. cities, as well as throughout Central America and Mexico, and is known for its brutality.
Chief William Bratton of the LAPD said, “Since the early 1980s when they were a fledgling gang, to this very day, MS-13 has been a blight on every street where they exist. Whether house to house, street to street, or city to city, MS-13 has spread like a cancer. These indictments, arrests and warrants represent one success in an ongoing effort to rid the community of an element that lacks a single redeeming quality."
Several arrest warrants were served this morning by agents with the FBI and officers with the Los Angeles Police Department. Sixteen of those indicted were already in custody. One defendant was recently killed in southern California.
Those charged in the indictment include:
- Jose Alfaro, 31, currently in federal custody
- Edwin Arias, 36, currently in state custody
- Hugo Bolanos, 34, of Las Vegas, arrested today by FBI Agents in Las Vegas
- Juan Cendejas, 34, in federal custody
- Carlos Cuentas, 34, in federal custody
- Yanira Escalante, 33, of Los Angeles, CA, arrested today
- Juan Fuentes, 30, in federal custody
- Brian Giron, 20, in state custody
- Jose Gonzalez, 30, in federal custody
- Paul Cortez Jovel, 35, in federal custody
- Luis Lazo, 33, currently in custody in El Salvador
- Oscar Linares, 34, in federal custody
- Pedro Lopez, 27, in state custody
- Juan Mancilla, 40, in federal custody
- Josue Martinez, 33, arrested today at LAX
- Kelvin Melgar, 29, in federal custody
- Fernando Morales, 25, in federal custody
- Edwin Navas, 33, currently being sought
- Ruben Pineda, 36, of Los Angeles, CA, currently being sought
- David Rivera, 30, in federal custody
- Eric Salazar, deceased, killed recently in southern California
- Alex Sanchez, 37, Bellflower, CA, arrested today
- Guillermo Vasquez-Landaver, 40, in federal custody
- Marvin Vasquez, 28, of Hollywood, CA, currently being sought
If convicted of the federal racketeering charges, defendants named in the racketeering indictment face a maximum statutory penalty ranging from 25 years to life in prison.
In addition to the twenty-four defendants listed in the indictment, at least fifteen individuals were arrested by LAPD, assisted by the U.S. Immigration and Customs Enforcement (ICE), the Los Angeles County Department of Probation, the California Department of Corrections and Rehabilitation and the Drug Enforcement Administration, for charges unrelated to the federal indictment. Three children were also taken into protective custody by the Department of Child and Family Services.
Ronald Palacios, 25, of Van Nuys, was also arrested today on outstanding warrant unrelated to federal RICO indictment. Palacios was indicted on drug charges during a previous investigation. Defendants arrested today will be afforded an initial appearance before a United States Magistrate in United States District Court in Los Angeles this afternoon.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until proven guilty in court.
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Mohsen Sazegara, a founder of Iran´s Revolutionary Guards who became a democracy advocate and was arrested in 2003 for his opposition to the Islamic republic, said there were rumors in Iranian opposition circles that the Germans had sold the state powerful new technology that would make their monitoring efforts more effective.
Hadi Ghaemi, spokesman for the International Campaign for Human Rights in Iran, said 12 women´s rights activists were arrested late last month at a private meeting to celebrate the Persian New Year. He said the raid suggested the state had access to private communications.
Two European companies a major contractor to the U.S. government and a top cell-phone equipment maker last year installed an electronic surveillance system for Iran that human rights advocates and intelligence experts say can help Iran target dissidents.
Nokia Siemens Networks (NSN), a joint venture between the Finnish cell-phone giant Nokia and German powerhouse Siemens, delivered what is known as a monitoring center to Irantelecom, Iran´s state-owned telephone company.
A spokesman for NSN said the servers were sold for "lawful intercept functionality," a technical term used by the cell-phone industry to refer to law enforcement´s ability to tap phones, read e-mails and surveil electronic data on communications networks.
In Iran, a country that frequently jails dissidents and where regime opponents rely heavily on Web-based communication with the outside world, a monitoring center that can archive these intercepts could provide a valuable tool to intensify repression.
Lily Mazaheri, a human rights and immigration lawyer who represents high-profile Iranian dissidents, said she had suspected that the government had increased its capability to monitor its perceived enemies.
Recently, one of her clients was arrested because of instant messaging he had participated in with Ms. Mazaheri, she said.
"He told me he had received a call from the Ministry of Intelligence, and this guy when he went to the interrogation, they put in front of him printed copies of his chats with me. He said he was dumbfounded, and he was sent to prison."
Source
http://www.washingtontimes.com/news/2009/apr/13/europe39s-telecoms-aid-with-spy-tech/
NOW WITH THE GREEN MOVEMENT WITH MANY Irans people deed.
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Chicago Police Officer Sentenced for Violating Federal Civil Rights of a Man Beaten While Restrained in a Wheelchair
William Cozzi, a Chicago police officer, was sentenced today to 40 months in federal prison for violating the federal civil rights of a man whom the officer struck repeatedly with a dangerous weapon while the man was handcuffed and shackled in a wheelchair.
Cozzi, 52, of Chicago, pleaded guilty in January and admitted that he used excessive or unreasonable force while acting under color of law. He was ordered to begin serving his sentence on Aug. 6, 2009. The sentence was imposed by U.S. District Judge Blanche Manning, who also imposed a $2,000 fine, two years of supervised release and 200 hours of community service. Cozzi joined the Chicago Police Department in 1992 and was assigned to the 25th District at the time of the alleged incident. He was subsequently suspended from duty.
Cozzi was charged in April 2008 with depriving the victim of his civil rights. In pleading guilty, Cozzi admitted that on Aug. 2, 2005, while performing his duties as a police officer, he used a "sap" – a dangerous weapon similar to a blackjack – to repeatedly strike the unnamed victim, identified only as "Victim A," who was handcuffed and shackled in a wheelchair at Norwegian American Hospital in Chicago, resulting in bodily injury. At the time, Victim A was awaiting treatment in the hospital emergency room after being stabbed in the shoulder.
"Police officers are given tremendous authority and responsibility so that they can protect and serve the public trust. Those who abuse that authority face serious consequences," said Loretta King, Assistant Attorney General for the Civil Rights Division. "The Civil Rights Division is committed to the vigorous enforcement of federal laws prohibiting this type of misconduct by law enforcement officials."
"No law enforcement officer may use unreasonable force with impunity and every citizen, regardless of being in police custody, has a Constitutional right to be free from the use of excessive force," U.S. Attorney Patrick J. Fitzgerald said.
Cozzi pleaded guilty while reserving his right to appeal a judge’s rulings last year denying his motion to dismiss the indictment on the grounds that the prosecution was based in part on compelled statements he made to the Chicago Police Department’s Office of Professional Standards and during a police review board hearing.
According to a plea agreement, Cozzi was dispatched to the hospital to respond to the stabbing and approached Victim A who was being loud and verbally abusive while awaiting treatment for the stabbing. Shortly after approaching Victim A, Cozzi placed him in handcuffs and left the emergency room to retrieve leg shackles, which he then placed upon Victim A. With the victim restrained, Cozzi used a sap to repeatedly strike him in the face and body. At the time, Victim A posed no physical threat to Cozzi or anyone else at the hospital, according to the plea agreement.
Cozzi also admitted that he subsequently prepared a false arrest report and misdemeanor complaints stating that Victim A attempted to punch him and two hospital security guards, as well as a false tactical response report stating that he used an "open hand strike" on Victim A but omitted that he struck the victim with a sap.
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United States Transfers Two Guantanamo Detainees to Foreign Nations
The Department today announced that one national of Iraq and one national of Chad have been transferred from the detention facility at Guantanamo Bay to their home countries.
As directed by the President’s Jan. 22, 2009, Executive Order, the interagency Guantanamo Review Task Force conducted a comprehensive review of each of these cases. As a result of that review, these detainees were approved for transfer from Guantanamo Bay. The transfers were carried out pursuant to arrangements between the United States and the governments of Iraq and Chad.
Last night, Iraqi national Jawad Jabber Sadkhan was transferred to Iraq. Chadian national Mohammed El Gharani was transferred to Chad earlier today. On Jan. 14, 2009, a federal court ordered the U.S. government to take all necessary and appropriate steps to facilitate El Gharani’s release from Guantanamo Bay.
"As our review of detainees continues, the support of the international community is critical to the closure of the detention facility at Guantanamo Bay and the security of our country," said Matthew Olsen, Executive Director of the Guantanamo Review Task Force. "We are grateful for the cooperation of the Governments of Iraq and Chad and for their assistance on the successful transfer of these individuals."
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Arrests Made in Operation Targeting Network Selling Stolen Native American Artifacts
Two-Year Undercover Operation in Four Corners Region Leads to Nation’s Largest Investigation of Artifacts Taken from Public, Native American Lands
FBI and BLM agents, joined by the U.S. Marshals and local and state law enforcement partners, were simultaneously arresting defendants and executing search warrants in Utah Wednesday morning following a more than two-year undercover operation targeting a network of individuals allegedly involved in the sale, purchase, and exchange of artifacts illegally taken from public or Indian lands in the Four Corners region of the country. The investigation represents the nation’s largest investigation of archaeological and cultural artifact thefts.
Twelve indictments charging 24 defendants with violations of the Archaeological Resources Protection Act (ARPA) and the Native American Graves Protection and Repatriation Act (NAGPRA) were unsealed this morning in Salt Lake City. Arrest warrants were issued for 23 of the 24 individuals charged as a part of the investigation. Twelve search warrants also are being executed. The case involves 256 artifacts totaling $335,685.
The indictments were announced this morning in Salt Lake City by the Deputy Attorney General David W. Ogden of the U.S. Department of Justice; Ken Salazar, Secretary of the Interior; Brett L. Tolman, U.S Attorney in Utah; Timothy J. Fuhrman, Special Agent in Charge of the FBI’s Salt Lake City Field Office; and Larry Echo Hawk, Assistant Secretary of the Interior for Indian Affairs.
In addition to ARPA and NAGPRA violations, the indictments allege theft of government property, depredation of government property, and theft of Indian tribal property. The indictments unsealed today were returned by a grand jury in Utah and charge defendants in Utah, New Mexico, and Colorado. A list of defendants and the charges they face is included as an attachment to this press release. Defendants charged in federal indictments are presumed innocent unless or until proven guilty in court.
"These archaeological treasures are precious and protecting them preserves a rich history and heritage. That is why the Justice Department will use all of its tools to vigorously enforce the laws designed to safeguard the cultural heritage of Native Americans," said Deputy Attorney General Ogden. "Recommitting resources and focus to criminal justice in Indian Country is of paramount importance to the Justice Department. We are currently conducting a training initiative with the Interior Department for federal prosecutors and law enforcement personnel on looting, vandalism, and illegal trafficking of cultural heritage, and are planning to reach out to with Indian Country leaders in the near future to engage in an ongoing consultation on these issues."
"Let this case serve notice to anyone who is considering breaking these laws and trampling our nation’s cultural heritage that the BLM, the Department of Justice, and the federal government will track you down and bring you to justice," said Secretary Salazar. "As these alleged criminals are prosecuted and as federal agents continue to hunt down wrong doers, BLM cultural resources staff will work to ensure the proper recovery, identification, repatriation, and storage of the artifacts that have been confiscated.
"The indictments unsealed today charge a group of defendants, largely excavators, dealers, and collectors, with serious violations of federal law," U.S. Attorney Tolman said today. "Those who remove or damage artifacts on public or tribal lands take something from all of us. These treasures are the heritage of all Americans, and in many cases, the objects are sacred to Native Americans. The notion that you can take whatever you want from public lands is wrong. Individuals engaged in this kind of conduct will be investigated and prosecuted."
"The FBI has taken this matter seriously and spent a significant amount of personnel and financial resources in exposing this network of individuals illegally trafficking in these items," said FBI Special Agent in Charge Fuhrman. "The FBI remains committed to devoting all necessary resources to address this problem."
"The problem American Indian and Alaska Native tribes face of looters robbing them of their cultural patrimony is a major law enforcement issue for federal agencies responsible for enforcing historic preservation laws in Indian Country," said Assistant Secretary of the Interior for Indian Affairs Larry Echo Hawk. "Today’s action should give tribes reassurance that the Obama Administration is serious in preserving and protecting their cultural property."
The Four Corners region, rich in archaeological resources, contains artifacts that are vitally important to the scientific, academic, and Native American communities. The illegally obtained relics include decorated Anasazi pottery, an assortment of burial and ceremonial masks, a buffalo headdress, and ancient sandals known to be associated with Native American burials. Additionally, improperly excavated archeological sites mean a significant amount of historical information is lost because the artifacts are not identified in the context of where they were located.
Defendants will have initial appearances before U.S. Magistrate Judge Samuel Alba at the Grand County Courthouse in Moab Wednesday. The U.S. Attorney’s Office is seeking to detain one of the defendants. Others will be ordered to maintain and store in current condition all artifacts in their possession and engage in reasonable efforts to protect them from damage, destruction, loss or theft. One defendant is not being arrested and will be issued a summons to appear in federal court.
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United States Resettles Four Uighur Detainees from Guantanamo Bay to the Government of Bermuda
Four detainees, Chinese nationals of Uighur ethnicity who had been held at the Guantanamo Bay detention facility, have been resettled in Bermuda. These detainees, who were subject to release as a result of court orders, had been cleared for release by the prior administration, which determined they would no longer treat them as enemy combatants. The detainees were again cleared for release this year after review by the interagency Guantanamo Review Task Force.
As directed by the President’s January 22, 2009, Executive Order, the interagency Guantanamo Review Task Force conducted a comprehensive review of the four, including a threat evaluation, and approved them for resettlement. The detainees left Guantanamo Bay today pursuant to an arrangement between the United States and the Government of Bermuda.
The Uighurs are a Turkic Muslim minority from the Xinjiang province of far-west China. The Uighurs currently at Guantanamo Bay left China and made their way to Afghanistan, where most eventually settled in a camp with other Uighurs opposed to the Chinese government. After the United States conducted aerial strikes in the area in October 2001, the Uighurs from that camp fled to Pakistan and were later apprehended. According to available information, these individuals did not travel to Afghanistan with the intent to take any hostile action against the United States.
This marks the first time since 2006 that the U.S. government has successfully resettled any of the Guantanamo Uighur population. In 2006, five Uighurs were transferred to Albania; there have been no reports of post-resettlement engagement in criminal behavior or terrorist activities.
"By helping accomplish the President’s objective of closing Guantanamo, the transfer of these detainees will make America safer," said Attorney General Eric Holder. "We are extremely grateful to the government of Bermuda for its assistance in the successful resettlement of these four detainees, and we commend the leadership they have demonstrated on this important issue."
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Defendant Found Guilty of Conspiracy to Support Terrorists
Syed Haris Ahmed Faces up to 15 Years in Federal Prison
WASHINGTON - After a bench trial held last week in the Northern District of Georgia, U.S. District Judge William S. Duffey, Jr., announced today that Syed Haris Ahmed, 24, has been found guilty of conspiracy to provide material support to terrorists.
"This case has never been about an imminent threat to the United States, because in the post-9/11 world we will not wait to disrupt terrorism-related activity until a bomb is built and ready to explode," said David E. Nahmias, U.S. Attorney for the Northern District of Georgia. "The fuse that leads to an explosion of violence may be long, but once it is lit – once individuals unlawfully agree to support terrorist acts at home or abroad – we will prosecute them to snuff that fuse out. This investigation is connected to arrests and convictions of multiple terrorist supporters in Atlanta and around the world – all before any innocent people were killed. I commend the agents, prosecutors, and support staff who have worked so hard for so long to gather and present the evidence that led to today’s guilty verdict."
"This prosecution underscores the importance of international and domestic cooperation in combating terrorism," said David Kris, Assistant Attorney General for National Security. "The agents, analysts and prosecutors involved in this case and in related investigations around the world deserve a special thanks for their efforts."
"Protecting the United States from terrorist attacks is the highest priority of every FBI employee," said FBI Atlanta Special Agent in Charge Gregory Jones. "Working with our law enforcement and intelligence community partners, the FBI was fortunate enough to have disrupted and dismantled a group whose stated goal was to provide support to those engaged in terrorism. I would like to thank the men and women of the Atlanta Joint Terrorism Task Force (JTTF) who, for over a year and a half, painstakingly pursued this defendant and others as they conspired and devised ways to achieve their dangerous goals. The conviction in this case validates the FBI’s approach that we do not need to wait, nor should we wait, for an individual to be caught with his hands on a bomb before we recognize and respond to the threat."
According to U.S. Attorney Nahmias and the evidence presented during the trial:
Ahmed is a naturalized U.S. citizen who was born in Pakistan and raised in Marietta and Dawsonville, Ga. At trial, the government presented evidence that, beginning in late 2004 and early 2005, Ahmed unlawfully agreed (conspired) with others to provide material support to terrorists engaged in violent jihad. The evidence indicated that the material support consisted of: (1) Ahmed and other individuals who would provide themselves as personnel to engage in violent jihad, and (2) property, namely, video clips of symbolic and infrastructure targets for potential terrorist attacks in the Washington, D.C., area, including the United States Capitol, which were taken by Ahmed and his principal alleged co-conspirator and then sent to "the jihadi brothers" abroad.
At trial, the government presented evidence that Ahmed and his co-conspirators used the Internet to develop relationships and maintain contact with each other and with other supporters of violent jihad in the United States, Canada, the United Kingdom, Pakistan, and elsewhere. In support of the conspiracy, in March 2005 Ahmed traveled with his principal co-conspirator to Toronto, Canada, to meet with other co-conspirators and discuss their plans to travel to Pakistan in an effort to attend a paramilitary training camp operated by a terrorist organization, as well as potential targets for terrorist attacks in the United States.
In April 2005, Ahmed and his principal co-conspirator traveled to the Washington, D.C., area to take the casing videos, which the government’s evidence showed they made to establish their credentials with other violent jihad supporters as well as for use in violent jihad propaganda and planning. Ahmed’s co-conspirator sent several of the video clips to Younis Tsouli, a/k/a "Irhabi007" (Arabic for "Terrorist 007"), a propagandist and recruiter for the terrorist organization Al Qaeda in Iraq, and to Aabid Hussein Khan, a/k/a "Abu Umar," a facilitator for the Pakistan-based terrorist organizations "Lashkar-e-Tayyiba" and "Jaish-e-Mohammed." Both Tsouli and Khan have since been convicted of terrorism offenses in the United Kingdom.
The government also presented evidence at trial that in July 2005, Ahmed traveled from Atlanta to Pakistan in an unsuccessful attempt to enter a training camp and ultimately engage in violent jihad. After returning to Atlanta to resume his studies at Georgia Tech in August 2005, Ahmed expressed regret at his failure to join violent jihadists, conducted internet research on topics such as high explosives and evading surveillance, and discussed his intent to make another attempt to enter a violent jihad training camp.
In March 2006, however, Ahmed was approached by FBI agents and agreed to a series of voluntary, non-custodial interviews over the course of eight days. Amid efforts to deny his illegal activities and mislead the agents, Ahmed made increasingly incriminating statements. Efforts by the FBI to obtain Ahmed’s cooperation in the ongoing international terrorism investigation ended after the FBI discovered that Ahmed was surreptitiously contacting his principal co-conspirator, who was then in Bangladesh, to advise him of the FBI investigation and to warn him not to return to the United States. The conspiracy to provide material support to terrorists did not result in any known acts of terrorism.
Ahmed was arrested in Atlanta on March 23, 2006, on the original indictment in this case, which charged him with one count of material support of terrorism. He has been in custody since that time. The initial indictment was unsealed and publicly announced on April 20, 2006, after the arrest of the alleged principal co-conspirator in Bangladesh. Superseding indictments added three additional charges.
Ahmed recently waived his right to a jury trial on the conspiracy charge of the second superseding indictment (Count One) and agreed to have the verdict decided by the Court. The other three counts were severed. The bench trial was held on June 1-4, 2009, and the Court then took the verdict under advisement until today.
Judge Duffey delivered the guilty verdict in open court, but sealed his written findings supporting the verdict until the completion of the jury trial of a related case against the alleged principal co-conspirator, which is scheduled to begin on August 3, 2009. Judge Duffey set a hearing for tomorrow, June 11, at 11:00 a.m., for anyone interested in being heard on the sealing of the findings supporting the guilty verdict.
Ahmed could receive a maximum sentence of 15 years in prison, followed by a term of supervised release up to life, and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. A sentencing date will be set after the completion of the alleged co-conspirator’s trial.
This case is being investigated by agents and officers of the Atlanta Joint Terrorism Task Force (JTTF), which is led by the FBI, Atlanta Division.
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Ahmed Ghailani Transferred from Guantanamo Bay to New York for Prosecution on Terror Charges
Ahmed Khalfan Ghailani, a Tanzanian national who had been held at the Guantanamo Bay detention facility since September 2006, arrived early this morning in the Southern District of New York to face criminal charges stemming from his alleged role in the Aug. 7, 1998 bombing of the U.S. Embassies in Dar es Salaam, Tanzania and Nairobi, Kenya.
After a thorough review of his case by the interagency Guantanamo Review Task Force, Ghailani was recently referred for criminal prosecution in the Southern District of New York pursuant to a March 12, 2001 superseding indictment against him.
Ghailani was transferred from the custody of the Department of Defense to the Southern District of New York by the U.S. Marshals Service. He is currently in custody at the Metropolitan Correctional Center, which has housed numerous terror suspects over the years during their prosecutions in the Southern District of New York. Ghailani is expected to make his initial appearance in Manhattan federal court later today.
Ghailani faces 286 separate counts in the March 2001 superseding indictment. Among other violations, the superseding indictment charges him with conspiring with Usama bin Laden and other members of al-Qaeda to kill Americans anywhere in the world, as well as separate charges of murder for the deaths of each of the 224 people killed in the U.S. Embassy bombings in Tanzania and Kenya and various other offenses related to the bombings.
"With his appearance in federal court today, Ahmed Ghailani is being held accountable for his alleged role in the bombing of U.S. Embassies in Tanzania and Kenya and the murder of 224 people," said Attorney General Eric Holder. "The Justice Department has a long history of securely detaining and successfully prosecuting terror suspects through the criminal justice system, and we will bring that experience to bear in seeking justice in this case."
The chart below details the charges against Ghailani and the statutory maximum penalties. The public is reminded that the charges and allegations contained in the superseding indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
|
Count(s) |
Description of Charge |
Maximum Penalties |
|
Counts 1 – 6: Conspiracies to Murder, Bomb, and Maim |
|
1 |
Conspiracy to Kill U.S. Nationals |
Life |
|
2 |
Conspiracy to Murder, Kidnap, and Maim At Places Outside the United States |
Life |
|
3 |
Conspiracy to Murder |
Life |
|
4 |
Conspiracy to Use Weapons of Mass Destruction Against U.S. Nationals |
Death or life |
|
5 |
Conspiracy to Destroy Buildings and Property of the United States |
Life (mandatory minimum of 20 years) |
|
6 |
Conspiracy to Attack National Defense Utilities |
10 years |
|
Counts 7 – 286: The Africa Bombings |
|
7 |
Bombing of the U.S. Embassy in Nairobi, Kenya |
Death or life (mandatory minimum of 20 years) |
|
8 |
Bombing of the U.S. Embassy in Dar es Salaam, Tanzania |
Death or life (mandatory minimum of 20 years) |
|
9 |
Use and Attempted Use of Weapons of Mass Destruction Against U.S. Nationals in Nairobi, Kenya |
Death or life |
|
10 |
Use and Attempted Use of Weapons of Mass Destruction Against U.S. Nationals in Dar es Salaam, Tanzania |
Death or life |
|
11–223 |
Murders in Nairobi, Kenya |
Death or mandatory life |
|
224–234 |
Murders in Dar es Salaam, Tanzania |
Death or mandatory life |
|
235–275 |
Murder of U.S. Employees in Nairobi, Kenya |
Death or mandatory life |
|
276 |
Attempted Murder of U.S. Employees in Nairobi, Kenya |
20 years |
|
277–278 |
Murder of U.S. Employees in Dar es Salaam, Tanzania |
Death or mandatory life |
|
279 |
Attempted Murder of U.S. Employees in Dar es Salaam, Tanzania |
20 years |
|
280–281 |
Murder of Internationally Protected Persons in Nairobi, Kenya |
Death or mandatory life |
|
282 |
Attempted Murder of Internationally Protected Persons in Nairobi, Kenya |
20 years |
|
283 |
Attempted Murder of Internationally Protected Persons in Dar es Salaam, Tanzania |
20 years |
|
284 |
Using and Carrying An Explosive During the Commission of A Felony |
10 years consecutive |
|
285 |
Using and Carrying A Dangerous Device During the Bombing Of the U.S. Embassy in Nairobi, Kenya |
30 years consecutive |
|
286 |
Using and Carrying A Dangerous Device During the Bombing Of the U.S. Embassy in Dar es Salaam, Tanzania |
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Detaining Terror Inmates in Federal Prisons
International Terror Inmates
There are currently 216 inmates in Bureau of Prisons (BOP) custody who have a history of/or nexus to international terrorism. Sixty seven of these individuals were extradited to the United States for prosecution, while 149 were not extradited. Seventy two of these individuals are U.S. citizens (45 of them born in the United States, 27 of them naturalized). The "Supermax" facility in Florence, Colo. (ADX Florence), which is BOP’s most secure facility, houses 33 of these international terrorists. There has never been an escape from ADX Florence, and BOP has housed some of these international terrorists since the early 1990s. In addition to the ADX Florence, the BOP houses such individuals in the Communications Management Units at Terre Haute, Ind., and Marion, Ill., as well as in other facilities among different institutions around the country.
Among those convicted international terrorists currently serving sentences in BOP facilities are:
- Sheikh Omar Abdel-Rahman, convicted of the 1993 World Trade Center bombing
- Ramzi Yousef, convicted of the 1993 World Trade Center bombing
- Ahmed Ressam, the Millenium Bomber
- Wadih el-Hage, convicted of the 1998 U.S. Embassy bombings in Africa
- Richard Reid, convicted of attempting to ignite a shoe bomb while on a flight from Paris to Miami carrying 184 passengers and 14 crewmembers
- Ahmed Omar Abu Ali, convicted of plotting to assassinate the U.S. President as well as attack and destroy civilian airliners
- Zacarias Moussaoui, convicted of conspiring with al-Qaeda to hijack and crash planes into prominent U.S. buildings as part of the 9/11 attacks
Domestic Terror Inmates
In addition to those inmates with an international terrorism history or nexus, there are approximately 139 individuals in BOP custody who have a history of/or nexus to domestic terrorism. These individuals include:
- Theodore Kaczynski, the Unabomber
- Terry Nichols, convicted accomplice of Timothy McVeigh in the 1995 Oklahoma City bombing
Special Administrative Measures
Under the law, the Attorney General may direct the BOP to initiate Special Administrative Measures (SAMs) with respect to a particular inmate (including those being held pre-trial or during trial) when there is a substantial risk that a prisoner's communications or contacts with persons could result in death or serious bodily injury to persons, or substantial damage to property that would entail the risk of death or serious bodily injury to persons. Generally, these measures can be initiated to prevent acts of terrorism, acts of violence, or the disclosure of classified information.
SAMs are specific to a particular inmate. The special administrative measures may include housing the inmate in administrative detention and/or limiting certain privileges, including, but not limited to, correspondence, visiting, and other communications, as is reasonably necessary to protect persons against the risk of acts of violence or terrorism, while still maintaining the inmate’s attorney/client privilege. The SAMs authorization automatically expires after one year, unless renewed or vacated.
- As of May 22, 2009, there were 44 inmates subject to SAMs, out of a total federal inmate population of more than 205,000.
- Of the 44 inmates subject to SAMs, 29 were incarcerated on terrorism-related charges, while 11 were incarcerated on violent crime-related charges (gangs, organized crime, etc.), and four were incarcerated on espionage charges.
*The public is reminded that charges contained in an indictment or criminal complaint are mere allegations, and that defendants are presumed innocent unless and until proven guilty.
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Terror Prosecutions Nationwide
Nationwide, the Justice Department and its U.S. Attorney’s offices have prosecuted many terrorism cases in recent months and years . Last year, Human Rights First published a comprehensive study on prosecuting terrorism in federal court from 9/11 through the end of 2007. The study, entitled: "In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Court," found that federal prosecutors achieved a conviction rate of more than 90 percent in the set of terrorism cases examined by the report’s authors. The study examined a specific set of 257 defendants charged with terrorism related violations in the United States between 9/11 and the end of 2007. Of the 160 defendants from this group who had their cases resolved, 145 were convicted of at least one count, either by a verdict of guilty after trial or by a guilty plea.
Recent Cases:
Since Jan. 1, 2009, more than 30 individuals charged with terrorism violations have been successfully prosecuted and/or sentenced in federal courts nationwide, including the following:
Five Sentenced in Terror Finance Case: (Northern District of Texas) – On May 27, 2009, five leaders of the Holy Land Foundation, once the largest Muslim charity in the United States, were sentenced for their role in funneling more than $12 million to the Hamas terror organization. Shukri Abu Baker and Ghassan Elashi were each sentenced to 65 years in prison. Mufid Abdulqader was sentenced to 20 years in prison, while Mohammed El Mezain and Abdulrahman Odeh were each sentenced to 15 years in prison.
Mohammed Warsame: (District of Minnesota) – On May 20, 2009, Mohammed Warsame pleaded guilty to conspiracy to provide material support to al-Qaeda, admitting that he attended al-Qaeda training camps, sent money from Canada to one of his former training camp commanders and continued to exchange messages with individuals associated with al-Qaeda once in Minnesota.
Ali al-Marri: (Central District of Illinois) – On April 30, 2009, Ali al-Marri pleaded guilty to conspiracy to provide material support to al-Qaeda, admitting that he attended terrorist training camps, learned al-Qaeda tradecraft and was dispatched by al-Qaeda to carry out its terrorist objectives in America.
Five Sentenced in Fort Dix Terror Plot: (District of New Jersey) – On April 28, 29, 2009, five individuals -- Mohamad Ibrahim Shnewer, brothers Dritan Duka, Shain Duka and Eljvir Duka and Serdar Tatar -- received sentences ranging from 33 years in prison, to life in prison plus 30 years, for plotting to kill U.S. soldiers in an armed attack on the military base in Fort Dix, New Jersey. All five individuals were convicted at trial in December 2008.
Seven Plead Guilty in MEK Terror Case: (Central District of California) – On April 28, 2009, seven individuals – Roya Rahmani, Alireza Mohammadmoradi, Moustafa Ahmady, Hossein Afshari, Hassan Rezaie, Navid Taj and Mohammad Omidvar -- who were engaged in fundraising activities on behalf of the Mujahedin-e-Khalq (MEK), a designated foreign terrorist organization, pleaded guilty to federal charges of providing material support to terrorists.
Wesam al-Delaema: (District of Columbia) -- On April 16, 2009, Wesam al-Delaema was sentenced to 25 years in prison for conspiring to murder Americans overseas, including by planting roadside bombs targeting U.S. soldiers in Iraq and by demonstrating on video how these explosives would be detonated to destroy American vehicles. He pleaded guilty on Feb. 25, 2009.
Christopher Paul: (Southern District of Ohio) -- On Feb. 26, 2009, Christopher Paul was sentenced to 20 years in prison for conspiring to use explosives against targets in Europe and the United States. Paul joined al-Qaeda in the early 1990s, fought in Afghanistan and Bosnia and conspired with others to target Americans both at home and abroad.
Four Plead Guilty in LTTE Prosecution: (Eastern District of New York) -- On Jan. 27, 2009, four defendants -- Thiruthanikan Thanigasalam, Sahilal Sabaratnam, Sathajhan Sarachandran and Yogarasa Nadarasa -- pleaded guilty to terrorism violations in connection with their efforts to acquire surface-to-air missiles, missile launchers and hundreds of assault rifles for the Liberation Tigers of Tamil Eelam (LTTE), a designated terrorist organization.
Two Plead Guilty in Plot to Murder U.S. Soldiers: (Northern District of Ohio) -- On Jan. 15, 2009, Zubair Ahmed and Khaleel Ahmed pleaded guilty to conspiracy to provide material support to terrorists in connection with their efforts to travel abroad in order to murder or maim U.S. military forces in Iraq or Afghanistan.
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Terror Prosecutions in the Southern District of New York
Since the 1990s, the U.S. Attorney’s Office for the Southern District of New York (SDNY) has investigated and successfully prosecuted a wide range of international and domestic terrorism cases — including the bombings of the World Trade Center and U.S. Embassies in East Africa in the 1990s. More recent cases include those against individuals who provided material support to al-Qaeda and other terrorist groups, as well as against international arms trafficker Monzer al Kassar and the Somalian pirate charged in the hijacking of the Maersk Alabama.
Major Historical Cases in SDNY:
1993 World Trade Center Bombing: After two trials, in 1993 and 1997, six defendants were convicted and sentenced principally to life in prison for detonating a truck bomb in the garage of the World Trade Center, killing six people and injuring hundreds more. One of the defendants convicted at the second trial was Ramzi Yousef, the mastermind of the attack.
1994-95 Manila Air Plot: Ramzi Yousef and two others were convicted in 1996 for plotting to plant bombs aboard a dozen U.S. commercial aircraft that were timed to go off as the planes were flying over the Pacific. The defendants were sentenced to substantial prison terms. Yousef concocted the plan with Khalid Sheikh Mohammed, who is currently detained at Guantanamo Bay and has been indicted in SDNY for the Manila Air conspiracy since 1996.
1995 "Blind Sheikh" Trial: Ten defendants associated with a mosque in Brooklyn, N.Y., were convicted of plotting to blow up the World Trade Center, United Nations headquarters, and various bridges, tunnels and landmarks in and around New York City. The lead defendant, Omar Abdel Rahman, also known as the "Blind Sheikh," was sentenced to life in prison, while his co-defendants were sentenced to prison terms ranging between life and 25 years.
Bin Laden Indictment and Embassy Bombings Trial: Shortly after the August 1998 bombings of the U.S. Embassies in Kenya and Tanzania, SDNY indicted Usama Bin Laden and approximately 20 alleged al-Qaeda loyalists for conspiring to murder Americans worldwide. Many of the defendants were also charged for their roles in the attacks on the U.S. Embassies in East Africa, including three defendants who were convicted after a six-month trial in early 2001. Those three defendants, and a fourth al-Qaeda member who was tried with them, were all sentenced to life in prison.
Recent Cases in SDNY:
James Cromitie et al.: On May 20, 2009, four individuals -- James Cromitie, David Williams, Onta Williams and Laguerre Payen -- were arrested on charges arising from a plot to detonate explosives near a synagogue in the Bronx, N.Y., and to shoot Stinger surface-to-air guided missiles at military planes located at a the National Guard Base at Stewart Airport in Newburgh, N.Y. On June 2, 2009, all four defendants were charged in an eight-count indictment and face potential life in prison, if convicted.*
Oussama Kassir: On May 12, 2009, Oussama Kassir was convicted of charges related to his participation in an effort to establish a jihad training camp in Oregon and his operation of several terrorist Web sites containing instructions about how to make bombs and poisons. Kassir was found guilty of all 11 charges against him, including providing material support to al-Qaeda and distributing information on explosives and weapons of mass destruction.
Abduwali Abdukhadir Muse: On April 21, 2009, accused Somalian pirate Abduwali Abdukhadir Muse was transported to the SDNY to face criminal charges stemming from his alleged participation in the April 8, 2009, hijacking of the Maersk Alabama container ship in the Indian Ocean. Muse is charged in a 10-count indictment and faces a mandatory life sentence, if convicted.*
U.S. v. Viktor Bout: On April 9, 2008, international arms dealer Viktor Bout was arrested by Thai authorities on a provisional arrest warrant based on an SDNY complaint, which charged conspiracy to provide material support to a designated foreign terrorist organization. Bout was later indicted for, among other things, conspiring to sell millions of dollars worth of weapons to the Fuerzas Armadas Revolucionarias de Colombia (FARC) to be used to kill Americans in Colombia. Bout has been in custody in Thailand since March 6, 2008, pending an extradition request by the United States.*
Monzer al Kassar et. al.: On Nov. 20, 2008, international arms trafficker Monzer al Kassar and a co-defendant were convicted after a three-week jury trial of all charges — including conspiracy to murder U.S. nationals; conspiracy to murder U.S. officers; conspiracy to acquire and export anti-aircraft missiles; and conspiracy to provide material support and resources to the FARC, a designated foreign terrorist organization — for conspiring to sell millions of dollars worth of high-powered weapons to the FARC to be used to kill Americans in Colombia. Al Kassar, who had been extradited on these charges from Spain, and the co-defendant, who had been extradited from Romania (the first ever to the United States on terrorism charges), were sentenced to 30 and 25 years in prison, respectively. Another co-defendant, who was also extradited from Romania, was found guilty on similar charges, and awaits sentencing.
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Korean Corporate Owner of Cargo Vessel Sentenced to Pay $2.2 Million for Conspiracy and Falsifying Records
WASHINGTON—U. S. District Court Judge Richard Lazzara (Middle District of Florida) today sentenced the Korean corporation STX Pan Ocean Co. Ltd., which operates the commercial cargo ship M/V Ocean Jade, to pay $2.2 million in penalties and serve four years of probation for conspiring to falsify and falsifying environmental compliance records, the Justice Department announced.
Of the $2.2 million that STX must pay, $200,000 will go to the National Fish and Wildlife Foundation, which partners in Florida with the Pinellas County Environmental Fund (PCEF). PCEF has funded numerous wide-ranging projects related to the protection, restoration and enhancement of fish and wildlife habitat in the Tampa Bay area. The court also ordered STX to implement a detailed environmental compliance plan, including monitoring of its fleet-wide operations for the next four years, training for crew members, and engineering alterations to protect gulf and ocean waters.
STX pleaded guilty to four felony offenses on April 24, 2009, including conspiracy, falsifying records, and making false statements, all of which were committed by crew members aboard the M/V Ocean Jade from July to October 2008. Federal and international law requires that all ships comply with pollution regulations that include the proper disposal of oily waste and sludge by passing the oily waste through an oil-water separator aboard the vessel or burning the sludge in the ship’s incinerator. Federal law requires the ship’s crew to record accurately each transfer or disposal of oily waste and sludge in the ship’s oil record book. In addition, federal and international law also requires that ships record disposals of garbage in the vessel’s garbage record book. Both record books must be available for inspection by the U.S. Coast Guard when the vessel is within the waters of the United States.
According to the various plea agreements filed in the case, in late July 2008, the Chief Engineer Hong Hak Kang ordered several crew members to dump approximately 10 barrels containing oily waste water directly overboard into the ocean. Then, on Sept. 27, 2008, Chief Officer Jeong Gyu Lee instructed several members of the deck department to dispose of oily waste from the crane houses directly into the ocean using a flexible plastic hose that was draped over the side of the vessel. In addition, from August to October 2008, Chief Engineer Kang and another engineering officer made entries into the M/V Ocean Jade’s oil record book by applying a pre-established formula, rather than recording the actual amounts of oily waste and sludge transferred, burned or discharged. When the ship arrived in the Port of Tampa on Oct. 7, 2008, its officers presented false oil and garbage record books to Coast Guard investigators. Several crew members also provided investigators with false statements about the several dumping incidents that had occurred in the three months before the ship arrived in Tampa.
Chief Officer Lee and Chief Engineer Kang both pleaded guilty to felony offenses relating to their falsification of the M/V Ocean Jade’s oil and garbage record book. In April 2008, Judge James Whittemore sentenced Lee to time served and three years’ supervised release. Today Judge Richard Lazzara also sentenced Kang to three years of probation and a $1,500 fine.
"Dumping pollution directly overboard into the ocean and lying to investigators is unacceptable and will not be tolerated," said John C. Cruden, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "This sentence should make clear to the shipping industry that the Justice Department along with our federal partners will continue to prosecute companies and crew members if they fail to abide by laws protecting the environment."
U.S. Attorney A. Brian Albritton stated, "Keeping our ocean waters clean and free from pollution is extremely important. Those who recklessly foul our waters must pay a penalty and take measures to make sure it does not happen again."
"This outcome sends a clear message that it doesn’t pay to intentionally pollute and intentionally disregard international pollution prevention standards," said Captain Timothy Close, Commander of U.S. Coast Guard Sector St. Petersburg. "The U.S. Coast Guard will pursue all such cases and will continue to work closely with the U.S. Attorney and the Department of Justice to prosecute offenders."
"The defendants used the ocean as a dumping ground for waste oil and then tried to cover it up," said Maureen O'Mara Special Agent in Charge, U.S. Environmental Protection Agency (EPA). "The oceans must be protected and marine shipping companies and crew members that break the law will be prosecuted."
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Four Miami-Area Residents Sentenced in $10 Million Medicare Fraud Scheme
Defendants Admitted to Conspiring to Defraud Medicare at HIV Infusion Clinics
WASHINGTON – Four Miami-area residents were sentenced today in connection with a $10 million Medicare fraud scheme involving HIV infusion clinics, Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney R. Alexander Acosta of the Southern District of Florida announced.
Alexis Dagnesses, 44; Gonzalo Nodarse, 38; Alexis Carrazana, 41; and Dr. Carlos Garrido, 69, all pleaded guilty in March 2009 to one count of conspiracy to commit health care fraud before U.S. District Judge Paul C. Huck.
Today, Judge Huck sentenced Dagnesses to 90 months in prison, to be followed by a three-year-term of supervised release. Dagnesses was also ordered to pay $12.4 million in restitution. Nodarse was sentenced to 78 months in prison, with a three-year-term of supervised release following his prison term, and was ordered to pay $5.1 million in restitution. Carrazana was sentenced to 72 months in prison, to be followed by three years of supervised release, and was ordered to pay $3.6 million in restitution. Garrido was sentenced today to 37 months in prison and three years of supervised release, and was ordered by the judge to pay $747,000 in restitution.
All four defendants had admitted to working at Midway Medical Center Inc. (Midway), a Miami clinic that purported to specialize in the treatment of patients with HIV. According to plea documents, most of the services allegedly provided to patients at Midway were billed to the Medicare program as treatments for a diagnosis of thrombocytopenia, a disorder involving a low count of platelets in the blood. None of Midway’s patients actually had low blood platelet counts.
Dagnesses’ admitted role at Midway was to manipulate the blood samples drawn from the clinic’s patients before the blood was sent to a laboratory for analysis, so that the resulting laboratory reports would make it appear that the patients actually had dangerously low blood platelet counts. Specifically, Dagnesses would obtain vials of blood drawn from Midway’s patients and place those vials in a blood centrifuge. After rotating the blood in the centrifuge for approximately 15 minutes, the blood would separate into its component parts, enabling Dagnesses to extract the platelets from the sample. Dagnesses would then return the adulterated blood to his co-conspirators at Midway, who would send it to a laboratory for testing.
Dagnesses admitted he was generally paid $1,000 for every vial of blood that he tainted for his co-conspirators at Midway. Dagnesses also admitted he was fully aware that the purpose of tainting the blood was to obtain false laboratory reports for Midway’s medical files, which would make it appear that the medications allegedly provided at Midway were medically necessary, when in fact they were not. At today’s sentencing, Dagnesses was found to have engaged in similar conduct at two additional fraudulent HIV infusion clinics, and he was held accountable for conspiring to cause the submission of more than $20 million in fraudulent claims at the three clinics.
Nodarse and Carrazana worked at Midway as medical assistants. In their pleas, the two defendants admitted to making false entries in medical records that indicated they had provided medications on particular dates and in particular dosages to patients, when, in fact, they had not. The two also admitted to being fully aware that blood samples drawn from Midway’s patients were tainted to make it appear that the patients had conditions they did not have. Despite this awareness, both assistants admitted to administering medications to patients that they knew the patients did not need. Both defendants were found to have conspired to submit more than $10 million in false and fraudulent claims for HIV infusion services allegedly provided at the clinic.
Garrido was a part-owner and practicing physician at Midway. In his plea, Garrido admitted that he and his co-conspirators billed the Medicare program routinely for services that were medically unnecessary and in many instances were never provided. Garrido admitted to purchasing only a small fraction of the medication that was purportedly being administered to Midway’s patients, and that he ordered the patients treated with medications he knew they did not need and, in many instances, the clinic did not have available. Garrido also admitted to working at Midway for approximately eight months (the last eight months the clinic was open). In that time, he admitted to submitting more than $1 million in fraudulent claims to the Medicare program.
Two additional co-conspirators, Doctors Carmen Lourdes del Cueto and Roberto Rodriguez, also pleaded guilty in March 2009 to conspiring to commit health care fraud at Midway. Rodriguez’s sentencing is scheduled for June 29, 2009, and Del Cueto’s has been scheduled for Sept. 11, 2009.
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Appeals Court Rejects Challenge to Conviction of Former Mississippi Klansman in 1964 Kidnapping and Murder of Two African American Men
WASHINGTON – The U.S. Court of Appeals for the Fifth Circuit today rejected a challenge to the conviction of James Ford Seale, a former member of the White Knights of the Ku Klux Klan of Mississippi.
Seale was convicted by a federal jury in Mississippi in 2007 and sentenced to three life terms in prison. The jury determined that Seale and other Klansmen conspired to abduct, interrogate, beat and eventually murder Henry Hezekiah Dee and Charlie Eddie Moore, both 19 years old at the time of their murders.
Seale appealed his convictions, arguing that a 1972 amendment to the federal kidnapping statute changed the statute of limitations to five years. In September 2008, a three-judge panel agreed with Seale, overturning his convictions. The United States successfully urged the full court to rehear the case and, in the meantime, to keep Seale in jail. Today, a divided court upheld the trial court’s decision to deny Seale’s motion to dismiss the indictment based on the statute of limitations. The appeal will return to the original three-judge panel to resolve the remaining issues.
"We are pleased with today’s decision rejecting the argument that it was too late to bring Seale to justice," said Loretta King, Acting Assistant Attorney General for the Civil Rights Division.
Based on evidence presented at trial, the jury determined that on May 2, 1964, Seale and his accomplices abducted Dee and Moore and drove the two young men into the Homochitto National Forest in Franklin County, Miss., where the Klansmen beat the victims, interrogated them at gunpoint and bound the two men with duct tape. The Klansmen then drove the victims to Parker’s Landing in Warren County, Miss., passing through the state of Louisiana, where the Klansmen secured Dee and Moore to heavy objects and threw them into the Old Mississippi River, drowning them.
Seale is the first and only individual to be convicted for participating in the kidnapping and murders.
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Four Indicted for Plot to Bomb Synagogue and Jewish Community Center and to Shoot Military Planes With Stinger Missiles
NEW YORK—Lev L. Dassin, the Acting United States Attorney for the Southern District of New York, announced today the filing of an eight-count Indictment against James Cromitie, a/k/a "Abdul Rahman," a/k/a "Abdul Rehman," David Williams, a/k/a "Daoud," a/k/a "DL," Onta Williams, a/k/a "Hamza," and Laguerre Payen, a/k/a "Amin," a/k/a "Almondo," arising from their plot to detonate explosives near a synagogue and Jewish community center in the Riverdale section of Bronx, N.Y., and to shoot military planes located at the New York Air National Guard Base at Stewart Airport in Newburgh, N.Y., with Stinger surface-to-air guided missiles.
All four defendants were arrested on May 20, 2009, in Bronx, New York, on the basis of charges set forth in a sworn criminal Complaint. They were presented before United States Magistrate Judge Lisa M. Smith on May 21, 2009, and ordered detained pending trial.
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73 Arrested in Texas Steroid Bust
JAN 30 -- (Fort Bend County, Texas) Milton Wright, Fort Bend County Sheriff, Zoran B. Yankovich, Special Agent-in-Charge of the Houston Field Division of the Drug Enforcement Administration, John Healey, Fort Bend County District Attorney, Tim Johnson, United States Attorney, Southern District of Texas, Rodney E. Clarke, Special Agent in Charge of the Internal Revenue Service Criminal Investigation Division of the Houston Field Office and Tommy Hennesy, Resident Agent-in-Charge, F.D.A. Austin announce the arrest of 73 defendants targeted in an investigation dubbed Operation “Farmacia de Juicy Phruit”.
In August 2006, The Fort Bend County Narcotics Task Force, which is a Houston High Intensity Drug Trafficking Area (HIDTA) Enforcement Team and the Drug Enforcement Administration (DEA), Houston Field Division, initiated Operation“Farmacia de Juicy Phruit”. Those individuals identified during this investigation were part of an international drug trafficking organization involved in the distribution of hundreds of thousands of dosage units of anabolic steroids, human growth hormones, MDMA (ecstasy) and controlled pharmaceutical substances to include; Anabolic steroids, Human Growth Hormones, Hydrocodone, Xanax and Viagra.
Fort Bend County Sheriff Milton Wright commented, “In my thirteen years as Sheriff of Fort Bend County this is by far one of the largest and most significant action our Fort Bend County Narcotics Task Force has initiated and enforced. This investigation is in fact by far the largest drug enforcement operation successfully executed in Fort Bend History. For that and many other reasons I commend our Narcotics Task Force and the Drug Enforcement Administration, Houston Field Division along with the Fort Bend County District Attorney’s Office, all of the local law enforcement agencies, the United States Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
In connection with Operation “Farmacia de Juicy Phruit” 51 defendants have been indicted by the Fort Bend County District Attorney’s Office and 22 defendants have been indicted by the United States Attorney’s Office, Southern District of Texas. Today, agents and officers of the Fort Bend County Sheriffs Office, the Fort Bend County HIDTA Enforcement Team, the Drug Enforcement Administration, Rosenberg Police Department, Houston Police Department (HPD), HPD SWAT, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service (USMS) arrested a total of 59 defendants in connection with Operation “Farmacia de Juicy Phruit”. Arrests have also been made in Georgia, Louisiana, California and Indiana.
Those defendants in state custody face charges to include conspiracy to manufacture or deliver controlled substances and conspiracy to commit delivery of dangerous drugs. If convicted on felony charges each defendant faces up to 10 years in prison and a maximum fine of $10,000.
Fort Bend County District Attorney John Healey commented, “Our citizens should be proud that their law enforcement agencies are sending the message that the scourge of illegal steroids needs to be driven from our communities. People need only look at the tragic example of former professional athletes to realize that illegal steroid use can destroy their life.”
Special Agent-in-Charge of the Houston Field Division of the Drug Enforcement Administration, Zoran B. Yankovich commented “DEA and its law enforcement counterparts have uncovered an elaborate drug trafficking network involving the importation and distribution of anabolic steroids, human growth hormones, and addictive pharmaceutical drugs. We have seen too many times the dangers of steroids, HGH and prescription drug abuse. These drugs are harmful and they ruin lives, families and communities. DEA will continue to work everyday to rid our communities of these harmful poisons and the criminals who sell them.
Those defendants in Federal custody face charges to include money laundering, conspiracy to possess with intent to distribute a controlled substance, aiding and abetting possession with intent to distribute a controlled substance and conspiracy to manufacture and possess a controlled substance. If convicted defendants can face up to 5 years in prison and be required to pay up to $250,000.00 in fines. The money laundering charge holds a penalty of up to 25 years in prison and up to $500,000.00 in fines.
Special Agent-in-Charge of the Houston Field Office of the Internal Revenue Service, Criminal Investigation, commented, “This case brings together the Federal, State and Local Agencies to identify, investigate and vigorously prosecute those involved in International Drug Trafficking and Money Laundering Activities. IRS – CI remains committed to working with its Law Enforcement Partners to identify those involved in these illegal activites. These arrests were the result of a two year investigation by the Fort Bend County High Intensity Drug Trafficking Area (HIDTA) Enforcement Team, the Drug Enforcement Administration (DEA), Internal Revenue Service and the Food and Drug Administration (FDA).
This is an ongoing investigation which initially started as a local investigation targeting individual distributors of anabolic steroids. As the investigation evolved it uncovered regional, national and international targets involved in the illegal importation of controlled substances from China, Europe and Canada. Over time the investigation crossed the lines from illegal distribution of anabolic steroids to illegal distribution of prescription drugs and distribution of designer drugs such as MDMA/ecstasy.
Criminal complaints and indictments by a grand jury are accusatory in nature and should not be considered a determination of guilt. All defendants are considered innocent until proven otherwise in a court of law.
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Court Orders Tewksbury, Mass. Employer to Timely Pay Withholding and Unemployment Taxes
Company That Provides In-Home Health Aide Services Has Lengthy History of Failing to Comply with Federal Employment and Unemployment Tax Obligations
WASHINGTON - A federal court in Boston issued a preliminary injunction ordering Excel Home Care Inc. and Diane E. Porter of Tewksbury, Mass., to comply with federal tax withholding requirements and to timely pay all future employment and unemployment tax liabilities, the Justice Department announced today.
The Justice Department filed suit on April 15, 2009, seeking a preliminary and permanent injunction order that requires the defendants to comply with all federal employment and unemployment tax filing and deposit requirements. The complaint alleges that the defendants have failed to comply fully with Excel Home Care’s employment and unemployment tax obligations since the fourth quarter of 2005 and the year 2003, respectively.
At the time the complaint was filed, the government alleged that Excel Home Care failed to pay employment taxes for the quarters ending Dec. 31, 2005, through March 31, 2008. It was further alleged that Excel Home Care has failed to pay unemployment taxes for the years 2003 and 2005-2007. In addition, the pleadings state that the Internal Revenue Service (IRS) estimates for each new quarter that Excel Home Care fails to pay its employment taxes the loss of revenue approximates $100,000 and for each year that this entity fails to pay its unemployment taxes, the revenue loss is in excess of $7,000.
The order also prohibits the defendants from making any disbursements or assigning any property outside the ordinary course of business from the date of payment of wages until the amounts which are required to be withheld from the payment of those wages are, in fact, paid to the IRS. In addition, the defendants are required to notify IRS representatives of any new company or business that Ms. Porter owns or manages.
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Accused East Africa Embassy Bomber Held at Guantanamo Bay to Be Prosecuted in U.S. Federal Court
Ahmed Khalfan Ghailani, a Tanzanian national who has been held at the Guantanamo Bay detention facility since September 2006, will be prosecuted in federal court in the United States pursuant to the March 12, 2001 superseding indictment currently pending against him in the Southern District of New York.
In accordance with the President’s Jan. 22, 2009 Executive Order, which called for a review of all Guantanamo detainees and the closure of the Guantanamo Bay detention facility within a year, the interagency Guantanamo Review Task Force conducted a thorough review of Ghailani’s case. As a result of that review, Ghailani’s case was referred to the Justice Department for prosecution pursuant to the superseding indictment against him in the Southern District of New York.
"By prosecuting Ahmed Ghailani in federal court, we will ensure that he finally answers for his alleged role in the bombing of our embassies in Tanzania and Kenya," said Attorney General Eric Holder. "This administration is committed to keeping the American people safe and upholding the rule of law, and by closing Guantanamo and bringing terrorists housed there to justice we will make our nation stronger and safer."
Ghailani was first indicted on Dec. 16, 1998, by a federal grand jury in the Southern District of New York for conspiring with Osama bin Laden and other members of al-Qaeda to kill Americans overseas and for his role in the Aug. 7, 1998, bombing of the U.S. Embassy in Dar es Salam, Tanzania, which killed at least eleven people and caused injuries to at least 85 people.
Ghailani has since been charged in several superseding indictments in the Southern District of New York. He currently stands accused in a March 12, 2001, superseding indictment with 286 different counts, including charges related to his role in the murder of more than 200 people in the 1998 bombings of the U.S. Embassies in Tanzania and Nairobi, Kenya, as well as his participation in an al-Qaeda conspiracy to murder, bomb, and maim U.S. civilians anywhere in the world.
Among other things, the superseding indictment alleges that Ghailani assisted in the purchase of the Nissan truck as well as the oxygen and acetylene tanks that were used in the bombing of the U.S. Embassy in Tanzania. He is further alleged to have participated in loading boxes of TNT, cylinder tanks, batteries, detonators, fertilizer and sand bags into the back of the truck in the weeks immediately before the bombing. Ghailani departed Africa for Pakistan the night before the bombing.
Ghailani was captured in July 2004. In September 2006, he and several other "high value detainees" were transferred to Guantanamo Bay. Ghailani has remained in Defense Department custody at Guantanamo Bay since that time.
On March 31, 2008, the Office of the Chief Prosecutor of the Military Commissions swore charges against Ghailani under the Military Commissions Act for his alleged role in the 1998 attack on the U.S. Embassy in Tanzania and for his alleged service to al-Qaeda after the bombing, including serving as a document forger, physical trainer at an al-Qaeda camp, and as a bodyguard for Osama bin Laden.
Ghailani was charged with the following substantive offenses: murder in violation of the Law of War, murder of protected persons, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, and destruction of property in violation of the Law of War and Terrorism. He was also charged with conspiracy to commit all of the above offenses, as well as providing material support to terrorism. On Oct. 3, 2008, these charges were referred to trial by military commission.
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Minneapolis Man Pleads Guilty to Conspiracy to Provide Material Support to Al-Qaeda
Mohammed Abdullah Warsame, a 35-year-old resident of Minneapolis, has pleaded guilty to one count of conspiring to provide material support and resources to al-Qaeda
Warsame, a naturalized Canadian citizen of Somali descent, entered his plea of guilty this afternoon before U.S. District Judge John R. Tunheim in federal court in Minneapolis. At sentencing, which was set for 1:30 pm on July 9, 2009, Warsame faces a statutory maximum sentence of 15 years imprisonment and a $250,000 fine. He has agreed to be removed to Canada upon completion of his criminal sentence.
Warsame was charged with one count of conspiracy to provide material support to al-Qaeda in a Jan. 20, 2004, indictment returned in the District of Minnesota. A June 21, 2005, superseding indictment charged Warsame with one count of conspiracy to provide material support to al-Qaeda, one count of providing material support to al-Qaeda, and three counts of making false statements to the FBI. Warsame today pleaded guilty to count one of the superseding indictment. The government has agreed to dismiss the remaining charges.
According to the plea agreement, from about March 2000 through at least December 2003, Warsame conspired with others to provide material support to al-Qaeda in the form of personnel, training and currency.
Specifically, in March of 2000, Warsame traveled to Afghanistan where he attended an al-Qaeda training camp outside Kabul. In the summer of 2000, he then traveled to the al Faruq training camp, where he received further training and met Osama Bin Laden. Warsame subsequently worked at an al-Qaeda guesthouse and clinic.
According to the plea agreement, in late March 2001, Warsame traveled from Pakistan via London to Canada. After leaving Pakistan, Warsame established email contacts with several al-Qaeda associates that he had met in Afghanistan. In addition, he sent money to one of his former training camp commanders.
Warsame then relocated to Minneapolis. Throughout 2002 and 2003, he continued to exchange email messages with, and provide information to, several individuals associated with al-Qaeda, according to the plea agreement.
"The many agents, analysts and prosecutors who helped bring about today’s guilty plea -- after years of investigation and extensive pre-trial litigation -- deserve special thanks for their efforts," said Assistant Attorney General Kris. "This case serves as a reminder of the continuing threats we face as a nation and our resolve to meet those threats."
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