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U.S. Indicts Ohio Man and Two Foreign Residents

Alleged Ukraine-Based “Scareware” Fraud Scheme That Caused $100 Million in Losses to Internet Victims Worldwide

CHICAGO—An international cybercrime scheme caused Internet users in more than 60 countries to purchase more than one million bogus software products, causing victims to lose more than $100 million, according to a federal indictment returned here against a Cincinnati area man and two other men believed to be living abroad. The charges allege that the defendants, through fake advertisements placed on various legitimate companies’ websites, deceived Internet users into falsely believing that their computers were infected with “malware” or had other critical errors to induce them to purchase “scareware” software products that had limited or no ability to remedy the purported, but nonexistent, defects. The alleged scheme is widely regarded as one of the fastest-growing and most prevalent types of Internet fraud.

Two defendants, Bjorn Daniel Sundin, and Shaileshkumar P. Jain, with others owned and operated Innovative Marketing, Inc. (IM), a company registered in Belize that purported to sell anti-virus and computer performance/repair software through the internet and that operated a subsidiary called Innovative Marketing Ukraine, located in Kiev. The company appeared to close down last year after the U.S. Federal Trade Commission filed a federal lawsuit in Maryland seeking to end the allegedly fraudulent practices.

Jain, 40, who performed the functions of IM’s chief executive officer, is a U.S. citizen and is believed to be living in Ukraine. Sundin, 31, who performed the duties of IM’s chief technology officer and chief operating officer, is a Swedish citizen and is believed to be in Sweden.

The third defendant, James Reno, 26, of Amelia, Ohio, with others owned and operated the former Byte Hosting Internet Services, which operated call centers that provided technical and billing support to victim consumers on behalf of IM. Reno is expected to present himself for arraignment at a later date in U.S. District Court in Chicago.

Sundin and Jain were each charged with 24 counts of wire fraud, and Reno with 12 counts of wire fraud, and all three were charged with one count each of conspiracy to commit computer fraud and computer fraud in a 26-count indictment returned yesterday by a federal grand jury in Chicago. The indictment also seeks forfeiture of approximately $100 million and any and all funds held in a bank account in Kiev.

The charges were announced by Patrick J. Fitzgerald, United States Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the Federal Bureau of Investigation, which conducted the global investigation. The Justice Department’s Office of International Affairs and the Computer Crimes and Intellectual Property Section assisted in the investigation.

“These defendants allegedly preyed on innocent computer users, exploiting their fraudulently induced fears for personal gain. We will continue our efforts to identify and aggressively investigate similar schemes with the assistance of our law enforcement partners both at home and internationally,” Mr. Grant said.

According to the indictment, after causing a series of false error messages, Sudin, Jain and others caused Internet users worldwide, including throughout the United States, Sweden and Ukraine, to purchase software products bearing such names as “DriveCleaner” and “ErrorSafe,” ranging in price from approximately $30 to $70, which they falsely represented would rid the victims’ computers of purported defects, but actually did little or nothing to improve or repair computer performance, resulting in financial losses exceeding $100 million.

Sundin, Jain and others allegedly created at least seven fictitious advertising agencies that contacted multiple victim companies purporting to act as advertising brokers on behalf of known legitimate entities that wanted to place Internet ads on the unnamed victim companies’ websites, when in fact the ads were unauthorized. The victim companies allegedly were defrauded of at least $85,000 in unpaid fees promised by the fictitious ad agencies.

Unknown to the victim companies, the Internet ads that were placed on their websites by these fictitious agencies contained hidden computer code that “hijacked” the Internet browsers of individual victims, redirecting their computers without their consent to websites controlled by Sudin, Jain and others, the indictment alleges. The individual victims were then prompted with a series of error messages claiming that the user’s computer was experiencing a critical error and the victim needed to purchase an IM-distributed software product to remedy the problem.

Reno allegedly aided and abetted Sudin, Jain and others in creating and operating the fictitious ad agencies by providing support as a technical adviser for the computer servers and networks used to facilitate their operation. The fictitious ad agencies included “BurnAds,” “UniqAds,” “Infyte,” “NetMediaGroup,” and “ForceUp,” according to the indictment.

After the defendants caused a victim to be directed to an IM scareware website they controlled, the indictment alleges that the following events typically occurred:

the IM scareware site appeared not to be a website at all, but rather a warning message from the computer user’s operating system, falsely informing the user of an error and prompting the user to click on a box to address the purported error. Further error message prompts occurred regardless of whether the user clicked the box agreeing to or declining to proceed or attempted to close the error message window;

the IM scareware displayed an animated graphic image that gave the fake appearance that the computer was being scanned for various errors or viruses. Bogus results falsely showed that critical errors were detected by the fake scan; and

the IM scareware website then prompted the victim user to download a free trial version of an IM product, falsely promising that the software could repair the nonexistent critical errors.

As a result of the browser hijacking, multiple fraudulent scans, and false error messages the defendants and others allegedly deceived victims into purchasing the full paid versions of IM software products, such as “Malware Alarm,” “Antivirus 2008,” and “VirusRemover 2008.” At times, the defendants defrauded victims into purchasing multiple products through a deceptive order screen that kept hidden certain pre-checked option boxes which, when checked, increased the total number of products being purchased, the indictment alleges.

The proceeds of these sales, typically by credit card, were allegedly deposited into bank accounts controlled by the defendants and others throughout the world, and then were transferred to additional bank accounts located in Europe.

The defendants and others allegedly used Byte Hosting to deflect complaints from victims who purchased IM software products. Knowing the products to be fraudulent and distributed and sold under false pretenses, Reno and others caused call center representatives to be instructed to lie to customers about the products and persuade them to remove legitimate pre-existing anti-virus software, the indictment alleges. To persuade the Byte Hosting call center representatives to continue their employment, Reno and others falsely informed them that they were not involved in a fraud scheme because United States law did not apply to IM and its business practices because IM was based overseas. The call center employees were authorized to provide refunds to discourage victims from notifying their credit card companies or law enforcement that they were deceived into purchasing the fraudulent software products, according to the indictment.

Individuals who believe they are victims and want to receive information about the criminal prosecution may call a toll-free hotline, 866-364-2621, ext. 1, for periodic updates.

The government is being represented by Assistant U.S. Attorneys Michael Ferrara and William Ridgway.

Each count of wire fraud carries a maximum penalty of 20 years in prison and a $250,000 fine and restitution is mandatory. The Court may also impose a fine totaling twice the loss to any victim or twice the gain to the defendant, whichever is greater. If convicted, the Court would determine a reasonable sentence to impose under the advisory United States Sentencing Guidelines.

An indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.



Jonathan Rodriguez Sentenced in U.S. District Court

The United States Attorney’s Office announced that during a federal court session in Billings, on May 27, 2010, before Chief U.S. District Judge Richard F. Cebull, JONATHAN RODRIGUEZ, a 24-year-old resident of Billings, appeared for sentencing. RODRIGUEZ was sentenced to a term of:
Prison: 105 months
Special Assessment: $100
Supervised Release: Five years

RODRIGUEZ was sentenced in connection with his guilty plea to conspiracy to possess with the intent to distribute methamphetamine and conspiracy to distribute methamphetamine.

In an Offer of Proof filed by Assistant U.S. Attorney James E. Seykora, the government stated it would have proved at trial the following:

On July 29, 2009, members of the FBI Big Sky Safe Streets Task Force executed a search warrant at RODRIGUEZ’s Billings residence after receiving information that he had a large amount of methamphetamine at his residence. Probation officers had responded and located several ounces of suspected methamphetamine before summoning the task force.

A subsequent search yielded 617 grams of suspected methamphetamine, which field tested positive. DEA lab results show the amount to be 585.4 grams of a mixture of meth or 159.3 grams of actual methamphetamine.

When interviewed, RODRIGUEZ admitted to the following:

He began obtaining and distributing methamphetamine in early January of 2009.

Between January 2009 and July 29, 2009, he estimated that he received and re-distributed approximately nine to ten pounds of methamphetamine to various subjects in Billings.

He directed other people, some of whom were juveniles, to wire money to his drug sources in Arizona as payment for drugs. RODRIGUEZ stated he provided them with the money to wire.

The day he was arrested (July 29, 2009), he received approximately one and a half pounds of methamphetamine for re-distribution.

Because there is no parole in the federal system, the “truth in sentencing” guidelines mandate that RODRIGUEZ will likely serve all of the time imposed by the court. In the federal system, RODRIGUEZ does have the opportunity to earn a sentence reduction for “good behavior.” However, this reduction will not exceed 15 percent of the overall sentence.

The investigation was conducted by the FBI’s Big Sky Safe Streets Task Force and Probation and Parole.



Four Charged in West Suburban Drug Sweep

Four members of a suburban family were charged with operating a drug distribution network that purchased and re-sold wholesale quantities of powder cocaine in the western suburbs, announced Robert D. Grant, Special Agent-in-Charge of the Chicago office of the Federal Bureau of Investigation (FBI) and John E. Zaruba, DuPage County Sheriff.

Two of the men, JOSE ZUNO Jr., and his cousin, JUAN ZUNO, were arrested yesterday, without incident, by FBI Special Agents and local police officers, after being charged in a criminal complaint filed in U.S. District Court in Chicago with violating Federal drug laws. A second brother, ISMAEL ZUNO, was in state custody on unrelated charges while a fourth defendant, JUAN ROCHEL, who is related by marriage to the Zuno brothers, surrendered to authorities.

The charges announced today were the result of a two-year, multi-jurisdictional investigation, code named “Operation Breakwater”, which targeted the distribution of controlled substances, primarily powder cocaine, in both western Cook and DuPage counties in Illinois. The investigation incorporated the use of court authorized monitoring of telephones used by the targets of the investigation in the furtherance of their operation and undercover operatives making controlled purchases of illicit drugs.

The complaint charges two brothers, JOSE ZUNO Jr., who is also known as “Little Rican”, age 24, of 5011 Valley Lane in Streamwood, Illinois and ISMAEL ZUNO, who is also known as “Izzy”, age 25, of 1517 Robbin Avenue in Melrose Park, Illinois with purchasing in excess of 500 grams of cocaine which they re-sold to retail customers. The complaint further alleges that their cousin, JUAN J. ZUNO, who is also known as “Roach”, age 25, of 105 Valley Drive in Bolingbrook, Illinois, assisted the Zuno brothers in their drug distribution operation.

The complaint also identifies JUAN ROCHEL, age 28, of 656 Hastings Street in Elgin, Illinois, who is married to the sister of the Zuno brothers, as a wholesale supplier of cocaine to the Zunos. ROCHEL and two others, JENNIFER CAMANA, age 21, and JULIO GOMEZ-BRAVO, age 39, both of 4031 West Nelson in Chicago, were arrested in February of this year in connection with this investigation. All three were charged in a separate complaint filed in February with violating Federal drug laws. The charges against them are still pending.

During the course of the investigation, in excess of eight (8) kilograms of cocaine, 400 grams of methamphetamine and large quantities of marijuana were recovered, along with nearly $200 thousand in cash and two weapons.

JOSE ZUNO Jr., JUAN ZUNO and ROCHEL appeared before Magistrate Judge Michael Mason in Chicago, late yesterday afternoon, where they were formally charged. The two ZUNO’s were ordered held without bond, pending their next court appearance, which is scheduled for May 28th before Judge Mason. Until then, they will be housed at the Metropolitan Correctional Center (MCC) in Chicago. ROCHEL was released on a continuation of his earlier bond. ISMAEL ZUNO remains in state custody and will appear before Judge Mason at a date yet to be determined. If convicted of the charges filed against them, the six defendants from this investigation face varying penalties ranging from five (5) years incarceration to a maximum of life in prison.

This case was investigated by a joint federal - state task force, comprised of FBI Special Agents, Investigators from the DuPage County Sheriff’s Office Narcotics Task Force, and officers from the Glendale Heights, Melrose Park, Streamwood and West Chicago Police Departments.

The public is reminded that a complaint is not evidence of guilt and that all defendants in a criminal case are presumed innocent until proven guilty in a court of law.



Internet Seller of Pirated Software Sentenced to 18 Months in Prison for Criminal Copyright Infringement

WASHINGTON—Robert Cimino, 60, of Syracuse, N.Y., was sentenced to 18 months in prison by U.S. District Judge Anthony J. Trenga in the Eastern District of Virginia for his sales of more than $250,000 worth of pirated software, announced Assistant Attorney General Lanny A. Breuer of the Criminal Division and U.S. Attorney Neil H. MacBride of the Eastern District of Virginia.

Cimino was also ordered to pay $272,655 in restitution to copyright owners and sentenced to three years of supervised release following his prison term.

On Feb. 25, 2010, Cimino pleaded guilty to a single count of criminal copyright infringement for manufacturing and distributing pirated copies of popular business, engineering and graphic design copies of software titles by Adobe, Autodesk, Intuit, Quark and others over a more than three-year period.

According to court documents, Cimino operated under the business name “SoftwareSuite” and advertised the sale of discounted popular software programs on a variety of Internet-based advertising forums, including www.buysellcommunity.com, www.adpost.com and www.sell.com. Customers would contact Cimino by email and would typically pay for the products by PayPal. Cimino would then mail pirated copies of the programs he had burned to CD or DVD to the customers, including customers in the Eastern District of Virginia. >From February 2006 to September 2009, Cimino received at least $270,035 in gross proceeds from his sales of pirated software products.

The case was prosecuted by Trial Attorney Tyler G. Newby of the Criminal Division’s Computer Crime and Intellectual Property Section and Assistant U.S. Attorney Jay V. Prabhu of the Eastern District of Virginia. The case was investigated by the FBI’s Washington Field Office.



U.S. Marshals Task Force Finds Fugitive with Loaded Firearm in Baby Stroller

Mansfield, OH – Earlier today, members of the U.S. Marshals Northern Ohio Violent Fugitive Task Force arrested Mychael J. Martin, age 19, at a residence on the 700 block of Burns Street in Mansfield, after a lengthy investigation. Martin was wanted by the Mansfield Police Department for pandering obscenity involving a minor, a second degree felony, as well as failing to appear in the Richland County Common Pleas Court for a drug trafficking trial.

The fugitive case was referred to the Northern Ohio Violent Fugitive Task Force and the team went on the hunt. After a month of developing probable locations for Martin, Task Force investigators got the tip needed that placed Martin at the residence. In the process of taking Martin into custody, officers found a loaded handgun in a baby stroller within Martin’s reach. Martin’s one year old child was present in the same room as the firearm. The Mansfield Police Department is looking into additional charges concerning the firearm.

U.S. Marshal Pete Elliott stated, “This is an excellent example of teamwork and cooperation between agencies paying dividends. We were able to help Mansfield Police close their investigation, bring him before the courts on his other charges, and take another firearm off of the street.”

Detective Jeff Shook of the Mansfield Police Department said, “We are pleased that this violent offender was taken into custody safely. This case had the recipe for danger but through teamwork, that wasn’t allowed to happen.”

Anyone with information regarding the whereabouts of a known fugitive is encouraged to contact the U.S. Marshals Northern Ohio Violent Fugitive Task Force at: 1-866-4-WANTED. Callers may remain anonymous.

The Northern Ohio Violent Fugitive Task Force - Richland County Division is composed of the following federal, state and local agencies: Ashland County Sheriff’s Office, Bellville Police Department, Bureau of Alcohol, Tobacco & Firearms, Galion Police Department, Lexington Police Department, Mansfield Municipal Probation, Mansfield Police Department, Ohio Adult Parole Authority, Ontario Police Department, Plymouth Police Department, Richland County Probation, Richland County Prosecutor’s Office, Richland County Sheriff’s Office, Shelby Police Department and the U.S. Marshals Service.



Louisiana Man Sentenced for Civil Rights Violation in Connection with Cross-Burning

cross-lighting_edited-2

WASHINGTON—Daniel Earl Danforth, 31, of Minden, Louisiana was sentenced to four years in prison and three years of supervised release in federal court in Shreveport, Louisiana on federal hate crime and obstruction of justice charges in connection with a cross-burning he carried out with others near the home of an interracial couple in Athens, Louisiana the Justice Department announced today.

Danforth was convicted on Jan. 21, 2010, following a jury trial. At trial, the evidence revealed that on Oct. 23 or 24, 2008, Danforth agreed with his two cousins to build, erect and burn a cross near the homes of a cousin and her African-American boyfriend (now husband), and other relatives who approved of their interracial relationship. Danforth and his co-conspirators built the cross using two pine trees, wire or cable and a large nail.

One of Danforth’s cousins then went to get diesel fuel to use to burn the cross. Meanwhile, Danforth and his other cousin transported the cross to an area adjacent to the victims’ homes where, using chainsaw gas, they set the cross on fire in order to intimidate the victims. On Oct. 26, 2008, Danforth telephoned a relative who was living with the victims and directed her to the location of the burned cross.

“Driven only by bigotry and hate, the defendant threatened members of his own family with violence because they associated with persons of another race. Incidents of this kind have no place in this country, and they are a reminder of the civil rights challenges we still face in 2010,” said Thomas E. Perez, Assistant Attorney General of the Civil Rights Division.

“The defendant’s burning cross was designed to send a terrifying message of racial intolerance and intimidation to a couple who desired nothing more than to live in their home in peace,” said William J. Flanagan, Acting U.S. Attorney for the Western District of Louisiana.

Evidence also showed that several days later, after the defendant and his co-conspirators learned that the FBI was investigating the crime as a potential civil rights violation, Danforth, his cousin who helped transport and burn the cross, and the cousin’s girlfriend formed a plan to get rid of the burned cross to prevent the FBI from discovering it and using it as evidence. Danforth’s cousin drove Danforth to the woods behind the victims’ homes, where Danforth removed the cross, disassembled it and hid it in the woods in an effort to thwart the FBI investigation into the cross-burning.

On April 28, 2010, a federal grand jury returned an indictment charging Danforth’s cousin, Joshua James Moro, for his participation in the civil rights conspiracy. The charges set forth in an indictment are merely accusations and the defendant is presumed innocent until proven guilty.

This case is being investigated by the FBI and prosecuted by Assistant U.S. Attorney Mary J. Mudrick for the Western District of Louisiana and Trial Attorney Erin Aslan from the Justice Department’s Civil Rights Division.



President Obama Releases National Strategy To Reduce Drug Use and Its Consequences

New Balanced and Collaborative Approach Emphasizes Prevention, Treatment, Enforcement, International Cooperation

WASHINGTON, DC – Today, President Obama released the Administration’s inaugural National Drug Control Strategy, which establishes five-year goals for reducing drug use and its consequences through a balanced policy of prevention, treatment, enforcement, and international cooperation. The Strategy was developed by the Office of National Drug Control Policy (ONDCP) with input from a variety of Federal, State, and local partners.

“This Strategy calls for a balanced approach to confronting the complex challenge of drug use and its consequences,” said President Obama. “By boosting community-based prevention, expanding treatment, strengthening law enforcement, and working collaboratively with our global partners, we will reduce drug use and the great damage it causes in our communities. I am confident that when we take the steps outlined in this Strategy, we will make our country stronger and our people healthier and safer.”



Answers sought in animal cruelty case

Authorities are investigating a case in which a Fort Worth family’s animals were brutally attacked.

Fort Worth (WiredPRNews.com)2010-05-10 04:00:03 (GMT) – Authorities are investigating the brutal attack and disappearance of three animals belonging to a Fort Worth family. As reported by CBS 11 News, police are searching for the person or persons responsible for cutting the throat and attacking a dog and cat belonging Cherry Taylor and her family. Taylor is quoted in the report as stating of the dogs she’d had for several years, who failed to return home the night of the attack, “They’re both sweet, very, very sweet dogs. They’re not aggressive at all.”

As noted in the report, the City of Fort Worth is issuing a public warning about the incident, and has asked that suspicious activity or missing pets or abuse be reported to the Code Compliance Department. Brandon Bennet, Code Compliance Director, is quoted in the report as stating of the matter, “when you look at modern day serial killers, you know one of the things they had in common, they started out by abusing animals. And it wasn’t just minor abuse. It was the kind of abuse we saw in this particular case. There’s no reason to believe this was the act of a serial killer. Nonetheless there’s enough of a concern to say we need to investigate and make sure that’s not the case.”



Grand Jury Indicts Two Men for Mailing Hoax Anthrax Letters

BIRMINGHAM—A federal grand jury indicted two men in connection with a series of hoax anthrax letters that were mailed in Alabama, April and in March, U.S. Attorney Joyce White Vance, U.S. Postal Inspector Frank Dyer and Federal Protective Service Threat Management Branch Chief Curtis Huston announced.

The first 15 counts of the 24-count indictment charge CLIFTON LAMAR “CLIFF” DODD, 38, of Lincoln, with mailing 15 hoax letters between March 6 and April 5 that contained a threat in the form of white powder that reasonably could have been perceived as the biological toxin, anthrax.

One of those letters was delivered to U.S. Sen. Richard Shelby’s office in the Robert S. Vance Federal Building in Birmingham on March 8. Other recipients of the white-powder letters DODD is charged with sending include Alabama Sen. Jim Preuitt of Talladega, two Talladega County state court judges, Talladega County Sheriff Jerry Studdard, several Talladega County Jail inmates who were in the jail at the same time as DODD, and police investigators from both the Lincoln and Oxford police departments who previously had interviewed DODD, according to the indictment and an arrest affidavit filed Monday in U.S. District Court.

Counts 16-23 of the indictment charge DODD and MILSTEAD EARL “MICKEY” DARDEN, 38, of Lincoln, with mailing eight other anthrax hoax letters on Saturday, April 24. Count 24 of the indictment charges the two men with conspiring to send the threatening hoax letters mailed April 24.

As part of the conspiracy, the indictment charges that DARDEN allowed DODD to put together those eight letters while sitting in DARDEN’s car, and that DARDEN drove DODD to the Pell City Post Office to mail them.

Postal inspectors arrested DODD and DARDEN on April 24 after they deposited eight letters in an outdoor drop box at the Pell City Post Office and the letters were found to contain white powder, according to the arrest affidavit.

This case was investigated by the U.S. Postal Service, the FBI, the Federal Protective Service and the Talladega County Sheriff’s Office. It is being prosecuted by Assistant U.S. Attorney Michael Whisonant. Members of the public are reminded that an indictment contains only charges. A defendant is presumed innocent of the charges and it will be the government’s burden to prove a defendant’s guilt beyond a reasonable doubt at trial.



Driver Cell Phone Use Nabs Culprit

police-car

Florida driver in a fatal hit-and-run accident also implicated in a crime due to cell phone records.

The Florida driver in a fatal hit-and-run accident may have been another example of a dangerous motorist distracted by his cell phone. However, in this case, the cell phone use may have also implicated the driver in a crime. His cell phone records could help convict him on vehicular homicide charges in Fort Lauderdale.

A speeding Porsche hit and killed two men. The car's owner, Ryan LeVin, claims another man, Derek Cook, was driving his car at the time of the crash. To help uncover the truth, local police worked with the Secret Service to analyze Cook and LeVin's cell phone records.

Though many users are unaware, cell phone companies can record the location within 20 to 300 yards of any phone within range of three or more cellular towers. Using cell phone records from Sprint and AT&T, investigators tracked the location of Cook and LeVin's phones before and after the crash. The investigation found that Cook could not have been driving the car when it crashed into another vehicle and killed two other men.

Cell phone tracking records could become a more common piece of evidence in a range of personal injury cases, and other civil and criminal cases. They can be used in real time to track drug dealers or other criminals, and cell phone tracking records have been combed to find criminals, such as a pair of Texas bank robbers. In that case, the FBI used cell phone records to find two phones that were used at the location of 12 successive bank heists.

For several years, law enforcement officials have been increasingly at odds with civil liberties groups and privacy advocates.

In 2007, an internal Justice Department memo recommended that federal prosecutors seek warrants for cellular tracking based on probable cause. However, the Justice Department this year defended warrantless cell phone tracking in a federal appeals court case. The American Civil Liberties Union, the Electronic Frontier Foundation and the Center for Democracy and Technology have all filed opposing briefs defending Americans' privacy rights.

The court's decision, which is expected soon, could also impact the use of cell phone tracking records in other court cases.

Meanwhile, cell phone companies are making the tracking technology more advanced for legal and commercial reasons. First, they must comply with a federal mandate to provide enhanced 911 tracking. Also, they are selling new services that allow users to find nearby friends or help parents track their children.

As tracking with global positioning satellite systems and cell phone towers becomes more precise, the use of such evidence in courtrooms will see higher demand -- and continued controversy.

Article provided by The Law Offices of Mark Kaire, P.A.
Visit us at www.kairelaw.com



Drug Kingpin Turned Informant Sentenced in Secrecy to 25 Years

Mexican drug lord Osiel Cardenas received 25 years in a U.S. prison in a sealed sentencing hearing in a Texas court for federal charges of drug dealing, money laundering and threatening U.S. agents.

He was once one of Mexico's most feared drug lords, ruling his cocaine smuggling empire along the Texas border with a violent ferocity aimed at competitors and disloyal employees alike. Now Osiel Cardenas has become an informant himself, sharing secrets so explosive they've been hidden by a U.S. court from the public at a closed sentencing hearing.

Cardenas was sentenced to 25 years in prison after pleading guilty to five counts, including drug trafficking, money laundering and the attempted murder and assault of an FBI agent and Drug Enforcement Administration agent. As part of his sentencing in a Houston federal courtroom, the former head of the Gulf Cartel also forfeited $50 million in assets.

As part of his plea agreement, Cardenas is giving the U.S. government information about his drug operations in Tamaulipas.

Infamous Incident

In an interview with the Houston Chronicle, DEA agent Joe DuBois described in detail a 1999 armed standoff with Cardenas and his gunmen in Matamoros, a city just across the Rio Grande from Brownsville.

In the incident, Cardenas wanted the American agents to turn over to him a Mexican informant. Brandishing a gold-plated AK-47, the drug kingpin threatened to kill the agents and the informant before relenting and allowing them to drive off.

After his arrest in Mexico in 2003, Cardenas was extradited to the U.S. in 2007 along with 14 other major Mexican crime figures. He has been cooperating with federal authorities since then.

For the past two years, attorneys on both sides have engaged in secretive legal wrangling resulting in the sentence handed out in a courtroom empty of everyone but the defendant, attorneys and court personnel.

Rare Secrecy

Legal experts say it's extremely unusual for a judge to bar the public from a sentencing hearing. It's much more common for some documents related to the plea agreement to be sealed in case the documents could harm ongoing criminal investigations.

Criminal law authorities told the New York Times that in those cases, and even in sentencing hearings for terrorists, the public isn't typically barred from the courtroom.

However, in the case of Cardenas, the judge noted that if the hearing had been public, "the defendant, court personnel, United States marshal personnel, other courthouse personnel and the general public [would] be placed in imminent danger."

Federal Charges

If you or a member of your family has been charged with a federal crime, contact a federal law criminal defense attorney focused on protecting clients in the federal court system.

Article provided by Frank A. Rubino
Visit us at www.whitecollarlawyer-houston.com



U.S. Marshals Task Force Convinces Shooting Suspect to Surrender

Shoot out at the G-Spot Bar

LogoMansfield, Ohio – Members of the U.S. Marshals Northern Ohio Violent Fugitive Task Force and the Mansfield Division of Police arrested Desiree Marshall, age 22, at a family member’s residence in Mansfield. Marshall is charged with felonious assault by the Mansfield Police Department. Marshall allegedly had a verbal altercation in which she fired multiple shots striking a victim in the chest. The incident occurred outside of the G-Spot Bar in Mansfield last Saturday night.

Task Force Officers began working the case this Tuesday and followed leads around the clock. After feeling the pressure from the Task Force, Marshall contacted one of the Task Force Officers who then convinced the fugitive that a life on the run was not worth it and Marshall subsequently surrendered to the Task Force today without incident.

U.S. Marshal Pete Elliott stated, “The persistence and tenacity of the officers on our Task Force should be credited for this safe and timely apprehension. When we close off all avenues of escape, the best option for anyone on the run is to self surrender and we are glad that Desiree Marshall made the right choice today.



Fugitive Wanted in Shreveport, LA Captured in Oakland

San Francisco, CA – U. S. Marshal Federico Rocha of the Northern District of California announced the arrest of Timothy Cummings. On April 21, Cummings, 38, was arrested in the 1900 block of 92nd Avenue in Oakland.

Cummings wanted for a number of local, state, and federal charges stemming from July 2005 thru May 2009. Allegedly Cummings sexually abused his girlfriend’s daughter. He is charged with aggravated rape, sexual battery and indecent behavior with a juvenile; and failure to appear. Cummings was booked into the Alameda County Jail without incident he is awaiting extraditing back to Louisiana.

This arrest was the cooperative efforts of the Western District of Louisiana U.S. Marshals Service Fugitive Apprehension Task Force, California Department Corrections Rehabilitation, and the Northern District of California U.S. Marshals Service Fugitive Apprehension Task Force.

The U.S. Marshals are committed to the pursuit of justice put forth in the U.S. constitution. With a legacy dating back to 1789, our mission has remained steadfast.



Roanoke, Virginia Neo-Nazi Sentenced for Threats, Witness Intimidation

Adolf Hitler gives Nazi salute, Sieg Heil

WASHINGTON—William A. “Bill” White, the self-proclaimed commander of the neo-Nazi group the American National Socialist Workers Party, was sentenced today in federal court for threatening two individuals and for attempting to intimidate litigants in a federal housing discrimination lawsuit, the Justice Department announced.

White was sentenced by U.S. District Judge James C. Turk to 30 months in federal prison. White was also sentenced to three years of supervised release, during which he is prohibited from maintaining a website and using the Internet for employment or for a hobby.

White was convicted in December 2009, for three counts of communicating threats in interstate commerce and one count of witness intimidation. One additional count of conviction for communicating threats in interstate commerce was dismissed by Judge Turk in February 2010.

In December, a jury found White guilty of threatening a bank employee who White mistakenly believed was assigned to handle a financial dispute involving his Citibank accounts. The defendant made dozens of phone calls to Citibank offices in an attempt to identify and locate the victim. White eventually discovered the victim’s office and home telephone numbers and e-mail address, and left voice mails and sent her an e-mail which referenced the murder of a federal judge.

The jury also found White guilty of using intimidation to delay or prevent the testimony of African-American tenants in a discrimination case against their landlord. On May 23, 2007, White mailed letters to the African-American tenants at their Virginia Beach, Va., homes, using the letterhead of the White National Socialist American Working Party, a Nazi swastika and White’s signature and title. The letters read, in part: “I do not know [name redacted] but I do know your type of slum [racial epithet], and I wanted you to know that your actions have not been missed by the white community…and we know that you are and will never be anything other than a dirty parasite—and that our patience with you and the government that coddles you runs thin.” In addition to the letter, White also included a copy of the ANSWP Magazine titled “The Negro Beast and Why Blacks Who Work Aren’t Worth the Cost of Welfare.” The letter and magazine were sent directly to the children of one of the victims.

White was also convicted for making threats to a university administrator who was responsible for implementing a diversity program. On Oct. 31, 2007, White called the victim’s home and office, attempting to verify her home address. White spoke with the victim’s secretary and told her that people like the victim should be hunted down and shot. Later that morning, White posted the victim’s personal information on various websites. Included in the postings was the text, “Go to their homes here,” “We shot Marxists sixty years ago, we can shoot them again!” and “You know what to do. Get to work!”

“Our nation will not tolerate the acts of individuals who, fueled by bigotry and hate, threaten or intimidate individuals because of their race,” said Assistant Attorney General Thomas E. Perez for the Civil Rights Division. “William White tried to disguise his hateful behavior as speech protected by the First Amendment. The jury rejected this defense in December, and this sentence demonstrates that all threatening and intimidating behavior, no matter how a perpetrator tries to mask it, will be subject to the same punishment under the law.”

“Racial prejudice has no place in a civilized society. No one who lives in this community should feel at liberty to threaten or intimidate others as an expression of that racial animus. While the First Amendment protects everyone’s right to free expression, it does not protect hate-mongers like Bill White,” said U.S.Attorney Timothy J. Heaphy for the Western District of Virginia. “The Department of Justice will react swiftly when anyone attempts to threaten or intimidate other people due to their race. The White case demonstrates our commitment to vigorously prosecuting anyone who commits a hate crime in this district.”

The case was investigated by Special Agent David Church of the FBI. The case was prosecuted by trial attorneys John Richmond and Cindy Chung from the Civil Rights Division of the Department of Justice, with assistance from Assistant U.S. Attorney C. Patrick Hogeboom, III for the Western District of Virginia.



Columbia Man Sentenced to 20 Years in Prison for Drive-By Shooting Among Six More Defendants Sentenced for Drug Trafficking, Illegal Firearms in Connection with Cut Throats Gang

JEFFERSON CITY, MO—Beth Phillips, United States Attorney for the Western District of Missouri, announced today that six more defendants have been sentenced in federal court for their involvement in illegal drug trafficking and firearms in association with the Cut Throats gang.
cut-throat-drive-by





Three Arrested on Federal Explosives Charges

Federal Bureau of Investigation (FBI) Cincinnati Office Special Agent in Charge (SAC) Keith Bennett; Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Columbus Field Division SAC Christopher Sadowski; FBI Louisville Office SAC Elizabeth Fries; and ATF Louisville SAC Paul Vido announced that on April 13, 2010, FBI and ATF agents arrested three individuals on federal charges that they illegally possessed and delivered explosives. In addition, agents executed four federal search warrants in Ohio and one in Kentucky as the result of the same investigation.

Arrested were:

   1. Daniel J. Bancroft, age 43, Sidney, OH. Daniel Bancroft is charged with illegally possessing and transferring explosives as well as conspiring to transfer explosives.
   2. Robert Bancroft, age 41, Williamstown, KY (Daniel’s brother). Robert Bancroft is charged with the same offenses as Daniel Bancroft.
   3. Paul Zahn, age 44, Bainbridge, OH. Zahn is charged with conspiring to possess and transfer explosives.

Search warrants were executed as follows:

   1. 313 North Walnut Avenue, Sidney, OH (Daniel Bancroft’s home)
   2. 2761 Tong Hollow Road, Bainbridge, OH
   3. 127 High Street, Williamstown, KY (Robert Bancroft’s home)
   4. 1994 Dodge Dakota truck (owned by Daniel Bancroft)
   5. 1992 Chevrolet S-10 truck (owned by Zahn)

A federal complaint filed in the U.S. District Court for the Eastern District of Kentucky alleges that on two separate occasions during February 2010, the Bancrofts sold a total of 12 blocks of military C4 explosives at a location in Walton, Kentucky. Zahn is alleged to have conspired with the Bancrofts to obtain and deliver the explosives.

All three were arrested without incident this morning between 6 a.m. and 7 a.m. All three will receive an initial appearance before a U.S. Magistrate Judge at Covington today. The U.S. Magistrate will determine whether they will be detained pending further judicial proceedings.

The following state and local law enforcement agencies assisted in today’s operations: Sidney, Ohio PD; Ross County, Ohio Sheriff’s Office; Columbus Division of Fire Bomb Squad; Dayton Police Department Bomb Squad; Williamstown, Kentucky PD; Kentucky State Police; and Boone County, Kentucky Sheriff’s Office.





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