Recent Blog Posts in November 2010

In Fresno, California, a United States Attorney, Drug Enforcement Administration Special Agent in Charge, and Fresno County Sheriff announced the unsealing of a federal indictment charging Bounepheng Savongsy, Phousangkhy Phanthadeth, Manop Souksavath, all of Fresno; Ernson Merisier, of Holbrook, Mass.; Marquis Allen Meca,  of New Bedford, Mass.; and Ruddys A. Pimentel, 28, of Roslindale, Mass.; with conspiring to manufacture, to distribute, and to possess with intent to distribute marijuana.

According to criminal complaints filed in the case, the defendants were involved in the interstate shipment and distribution of marijuana that was being grown in Fresno, under the guise of being “medicinal.” The marijuana was grown in agricultural fields in Fresno County that were posted with medicinal marijuana recommendations from medical doctors. Rather than being distributed in California for medicinal purposes, however, the defendants are charged with conspiring to make multiple shipments of large quantities of the marijuana to areas in and around Boston, where the drug was sold for about $3,000 per pound, about three times what it sells for in California.

The criminal complaints indicate that Savongsy is a grower and source of marijuana supply for the out-of-state drug traffickers. His nephew, Phanthadeth, is an interstate transporter who cultivated purportedly medicinal marijuana at the same location in southwest Fresno as his uncle and owns two properties in Fresno where marijuana was grown and processed. Souksavath is an interstate transporter, who has shipped multiple loads to the East Coast, two of which he transported with Phanthadeth. Merisier (a convicted drug felon), Meca, and Pimentel, are marijuana distributors in the Boston area. Phanthadeth and Souksavath were arrested in Utah in the course of transporting marijuana on November 4, 2010, following a traffic stop of their vehicle, which contained about 184 pounds of marijuana. The marijuana was then delivered to Merisier, Meca, and Pimentel in Roslindale, Mass., who agreed to purchase the load for about $570,400. Searches executed in the course of the investigation at locations in Fresno, Cedar City, Utah, and Roslindale, Mass. yielded 11 firearms, approximately 4,620 live marijuana plants, approximately 3,563 pounds of processed marijuana, approximately $115,000 in cash, and jewelry valued at about $9,000.

United States Attorney said: “As this case indicates, armed criminals who engage in the interstate trafficking of marijuana cannot hide their operations behind the label of ‘medicinal’ marijuana. We will continue to root out and prosecute drug traffickers who seek to use California’s medicinal marijuana law to cloak their illegal activity.”

This case is the product of a four-month investigation by the DEA offices in Fresno, Salt Lake City, and Boston, and the Fresno County Sheriff’s Office, with assistance from the Federal Bureau of Investigation, California Department of Justice Central Valley Marijuana Investigation Team, Tulare County Sheriff’s Office, Utah Highway Patrol, Boston Police Department, and North Attleboro Police Department. Assistant United States Attorney Karen A. Escobar is prosecuting the case. The U.S. Attorney’s Offices in St. George, Utah and Boston assisted in the arrests of the defendants and initial court proceedings.

With the exception of Savongsy, the defendants are in federal custody and detained without bail. An arrest warrant has issued for Savongsy, who is at large. In connection with the execution of one of six federal search warrants obtained in this case, agents also arrested Douangchanh Keovilayvanh, of Sanger, California, who was charged via a federal criminal complaint with possessing marijuana with intent to distribute and being a convicted felon in possession of a firearm.

If convicted of the drug offenses, the defendants, with the exception of Merisier, face a penalty of 10 years to life in prison and a $4 million fine. Based on his prior felony drug conviction, Merisier faces a penalty of 20 years to life in prison and an $8 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.

Criminal defense attorneys Donald Marks and Anthony Brooklier have been representing clients on marijuana drug trafficking matters for over four decades. We are well aware of all the issues and complexities that can arise from such charges and have successfully handled numerous cases for our clients. When faced with marijuana drug trafficking charges you need experienced Los Angeles marijuana drug trafficking criminal defense attorneys with extensive experience in representing clients for drug crimes. Such charges could include offenses for drug possession, drug trafficking and other drug related charges. If you or someone you know has been charged with a drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense.

In Washington, D.C., an Oakland, California woman was convicted of health care fraud in connection with a scheme to bill Medicare for power wheelchairs that were medically unnecessary, announced the Departments of Justice and Health and Human Services (HHS). After a one-week trial in federal court in Los Angeles, a jury found Donna K. Wells, guilty of one count of health care fraud. The evidence introduced at trial showed that Wells worked the streets and low-income, senior living communities of Oakland to recruit Medicare beneficiaries to bill Medicare for expensive power wheelchairs and other durable medical equipment (DME) which the beneficiaries did not want, need or use. The beneficiaries who testified at trial said that Wells approached them on the street, at the store, or in the lobby of their apartment buildings and offered them free power wheelchairs in exchange for the beneficiaries allowing Wells to copy their Medicare and California identification cards. One beneficiary testified that when she told Wells that she wanted a hospital bed and did not need or want a power wheelchair, Wells said that the beneficiary had to accept a power wheelchair in order to get a hospital bed. Based on that representation, the beneficiary agreed to accept both a power wheelchair and a hospital bed even though she did not need and never used the wheelchair.

Witnesses who lived in or worked at the San Pablo Hotel, one of the low-income senior living communities where Wells illegally recruited beneficiaries, testified that Wells often sat in the lobby of the hotel offering residents free power wheelchairs and copying their Medicare and California identification cards. These and other witnesses testified that many of the residents of the San Pablo Hotel did not use the power wheelchairs they received through Wells.

According to testimony at trial, Wells sold the beneficiaries' Medicare information to others. Witnesses testified that Wells charged them between $400 and $500 for the Medicare information of each beneficiary she recruited. One witness testified that over a four-year period, Wells sold the witness the Medicare information of approximately 200 different beneficiaries. Once these witnesses received the Medicare information from Wells, they sold the information to a fraudulent medical clinic in Los Angeles, which then used the information to fabricate fraudulent prescriptions for power wheelchairs and other DME in the names of the beneficiaries whom Wells recruited. One of the doctors whose name appeared on these fraudulent prescriptions testified that he never wrote the prescriptions or treated any of the Oakland beneficiaries whom Wells recruited.

Witnesses testified that they purchased the fraudulent power wheelchair and DME prescriptions from the fraudulent medical clinic, and then sold both the Medicare information they received from Wells and the fraudulent prescriptions for more than $1,000 per prescription to a number of Los Angeles-area DME supply companies. These DME supply companies used the beneficiaries' information and the fraudulent prescriptions to submit claims to Medicare for power wheelchairs which cost Medicare approximately $4,000 per wheelchair but cost the DME supply companies approximately $900 per wheelchair wholesale. Evidence introduced at trial showed that these DME supply companies submitted more than $577,000 in false power wheelchairs claims to Medicare. Several beneficiaries testified at trial that they did not need and rarely, if ever, used their power wheelchairs.

One of the DME supply companies that used the Medicare information from Wells was Maydads Medical Supply of Arleta, Calif. Trial evidence established that between June 2007 and August 2009, Maydads Medical Supply submitted approximately $470,973 in false and fraudulent claims to Medicare, almost all of which were for power wheelchairs. The owner and operator of Maydads Medical Supply, Sylvester Ijewere, pleaded guilty to health care fraud and was sentenced on Oct. 5, 2010, to 46 months in prison.

Wells was originally charged in October 2009 with three counts of health care fraud. The jury was unable to reach a verdict on two of the three counts. U.S. District Court Judge Dales S. Fischer scheduled Wells' sentencing for March 28, 2011. Wells faces a maximum penalty of 10 years in prison and a $250,000 fine.

The case was investigated by the California Department of Justice. HHS OIG assisted with the trial. The case was brought as part of the Medicare Fraud Strike Force, supervised by the Criminal Division's Fraud Section and the U.S. Attorney's Office for the Central District of California. Since their inception in March 2007, Strike Force operations in seven districts have obtained indictments of more than 825 individuals who collectively have falsely billed the Medicare program for more than $2 billion. In addition, HHS Centers for Medicare and Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.

Because a federal healthcare fraud crimes charge is a serious matter, you will need to consult a skilled and professional federal attorney who can take charge of the situation quickly. It is imperative you do not risk your freedom when you have the power of the federal government investigating your case. Criminal defense attorney's Donald Marks and Anthony Brooklier are strong and aggressive federal lawyers from Marks & Brooklier. We have four decades of experience in this field, serving hundreds of clients in Los Angeles County, San Fernando Valley and Beverly Hills area. We are confident we can assist you with your federal healthcare criminal charges. Contact a Los Angeles healthcare fraud criminal defense attorney today for a free consultation

Authorities using DNA evidence have linked a 44-year-old convicted murderer and rapist on death row to a 1990 double homicide in Riverside County. Alfredo Rolando Prieto, who is already on California's death row and who recently received the death penalty for a murder in Virginia, was linked to the slayings of Stacey Siegrist, 19, and Anthony Gianuzzi, 21, the Riverside County Sheriff’s Department said.

On May 5, 1990, a jogger discovered the victims’ bodies along a dirt power line access road west of the intersection of Canal and Alta streets in Rubidoux. The two were dating and had not been seen for nearly two days. Both had been shot once in the side of their heads and once in the back of their necks. Siegrist had also been sexually assaulted.

Earlier this year, Riverside County’s cold case unit submitted evidence from the crime scene to a private laboratory. The lab linked the DNA to Prieto. The department said it delayed notifying the public to ensure Virginia jurists were not influenced during the penalty phase of Prieto’s trial there. Prieto has been linked to nine murders and four sexual assaults, including the 1992 murder and rape of 15-year-old Yvette Woodruff of Ontario, the crimes for which he was sentenced to death. He is appealing his California death sentence.

In 2005, preliminary DNA tests implicated him in three 1988 Virginia slayings. Prosecutors from Fairfax County, Va., extradited Prieto from California to face trial for two of those murders. Prieto has operated with three other accomplices in the past, and authorities believe the Rubidoux murders involved one or two additional suspects.

If you have been arrested or under investigation for murder, it is important that you consult a Los Angeles homicide and murder criminal defense attorney immediately to begin planning of your legal defense. A conviction for murder can result in a lifetime sentence in a California penitentiary or even the death penalty.

Los Angeles Police will conduct an intensive investigation following a murder. If you are criminally charged, you will need an experienced murder criminal defense lawyer from Marks & Brooklier. Attorney's Donald Marks and Anthony Brooklier have been successfully representing clients for murder or homicide charges for over four decades. They have the skill necessary to provide you with an exceptional criminal defense. We will conduct our own thorough investigation of the facts and study all evidence obtained against you in order to present a strong defense. Our Los Angeles homicide criminal defense lawyers are aggressive and are well-versed in a court room setting and look forward to assisting you with your case. Contact us for a free consultation, 24/7.

Michael Dean Stephens, a 21-year-old, was convicted of murder in the 2007 Stevenson Ranch death of Joshua Pipho. Stephens was found guilty on one count of second-degree murder; however, the jury was unable to come to a decision on an attempted murder charge involving a second victim who was stabbed more than a dozen times but survived.

After the jury announced that it was deadlocked on the second charge, Judge Daniel Feldstern declared a mistrial. A decision on whether to retry the attempted murder count is expected to be announced later.

Pipho was among a group of young men who got into a fight with another group at a condominium complex on Nov. 24, 2007. The dispute got out of hand, as about 10 to 15 people were involved in the melee, which culminated with Pipho's killing. The Deputy District Attorney argued in court that Pipho, was stabbed and then run over by a car driven by Stephens. His sentencing is scheduled at North Valley Superior Court. He faces up to 17 years to life in prison.

Law Enforcement will conduct an intensive investigation following a murder. Therefore, if you are eventually charged, you will need an experienced homicide attorney from Marks & Brooklier. Criminal defense lawyers Donald Marks and Anthony Brooklier have been representing clients for murder charges for over four decades and have the resources and experience necessary to provide you with skilled criminal defense. It takes a dedicated legal team to fight a homicider charge, and with our firm you can feel condifent that we will provide you with the highest quality criminal defense team possible. Our Los Angeles homicide and murder criminal defense attorneys are aggressive and are well-versed in a court room setting and look forward to assisting you with your case. Contact us for a free consultation, 24/7.

San Diego FBI Special Agent in Charge announced the arrest of Joseph Valencia Gonzales II, age 36. He was arrested by FBI and NCIS agents on Naval Base Coronado. At the time of his arrest, Gonzalez was sitting in the parking lot of a fast food restaurant, using the restaurant’s wireless Internet service to view and download child pornography. FBI and NCIS agents arrested Gonzales as he sat in the driver seat of his truck typing on a laptop computer in his lap.

In a criminal complaint filed in United States District Court, Southern District of California, San Diego, California, Valencia was charged with possessing child pornography. Gonzalez’s laptop computer was found to contain at least 42 image files and three videos depicting child pornography.

It is anticipated that Valencia will be booked into the Metropolitan Correctional Center (MCC) followed by his initial appearance before a U.S. Magistrate Judge. If convicted, Valencia faces a maximum penalty of 10 years in prison and a fine up to $250,000 on the child pornography charge.

This investigation was assisted by the San Diego Internet Crimes Against Children Task Force, whose members include the Immigration and Customs Enforcement, the Federal Bureau of Investigation, the San Diego Police Department, the San Diego County Sheriff’s Department, the Chula Vista Police Department, the United States Attorney’s Office, the San Diego District Attorney’s Office, the United States Postal Inspection Service, the Naval Criminal Investigative Service, the United States Marshals Service, the Regional Computer Forensics Laboratory, the Defense Criminal Investigative Service, the National City Police Department, the La Mesa Police Department, the Oceanside Police Department, the El Cajon Police Department, the San Diego State University Police Department, the Riverside County Sheriff’s Department, and the Riverside County District Attorney’s Office. This case was brought about as part of the Department of Justice Project Safe Childhood (PSC), and the FBI’s Innocent Images National Initiative (IINI). Both are nationwide initiatives designed to protect children from online exploitation and abuse.

Los Angeles child pornography criminal defense attorneys, Donald Marks and Anthony Brooklier are exceptionally qualified to represent clients who have been accused of child pornography or any related sex crime offense. Having the most skilled and regarded child pornography criminal defense lawyer will ensure you are provided with the defense you require to overcome the stigma and charges in your case. We provide our clients with the highest quality defense, including a dedicated legal team that is aware of how these charges can adversely affect your future. Marks & Brooklier has the experience necessary to present the type of defense that will allow a jury to view the facts without being caught up in the nature of the charges made against you.

Serving the Los Angeles & Beverly Hills areas since 1976, we have a thorough understanding of the complexity and details involved in defending against child porn charges. Having successfully defended other individuals against these types of charges, we are confident we can do the same for you. Our skilled and caring lawyers will provide you with the individual support and experience you need to fully understand the process and guide you through this difficult time in your life. Conact our office for a free, strictly confidential, consultation.

With the invaluable cooperation of the Greek and Dutch governments, fugitive brothers John and George Silah were arrested in the Netherlands after being sought by the FBI since 2008 for removing their children from the United States without the consent of their custodial mothers, announced the Assistant Director in Charge of the FBI office in Los Angeles.

John Silah and George Silah were wanted for the July 2008 abduction of their children from their homes in Los Angeles, California. A state arrest warrant for parental abduction was issued by Los Angeles County on July 31, 2008. A federal arrest warrant was issued for the Silah brothers on October 15, 2008 by the United States District Court, Central District of California, after they were charged with unlawful flight to avoid prosecution.

After following domestic and international leads in this investigation, agents with the FBI and detectives with the Los Angeles Police Department directed their focus overseas. Several months ago, the investigation led to the area of Athens, Greece. Greek law enforcement officers conducted an exhaustive investigation that led them to the Netherlands, where they collaborated with Dutch law enforcement. The investigative efforts of law enforcement in Greece and the Netherlands resulted in the identification of the Silah brothers and the victim children.

Once the whereabouts of the brothers and the children were known, agents in Los Angeles obtained a provisional arrest warrant that enabled law enforcement in the Netherlands to carry out the arrest of the brothers and to safely recover the children on Tuesday, November 2. The successful arrests and recovery of the children would not have been possible without the international cooperation of the following law enforcement agencies and organizations:

The Hellenic National Police, Attica HQ, Athens, Greece & Juvenile Crimes Unit
The Netherlands Police Agency (KLPD)
Dutch National Prosecutor’s Office
The Los Angeles Police Department
The United States Attorney’s Office in Los Angeles
The United States Department of State
The District Attorney’s Office in Los Angeles County
Agents with the FBI's Los Angeles Field Office
FBI's Legal Attaché in Athens, Greece
FBI’s Legal Attaché Sub-Office in The Hague, Netherlands
Department of Justice, Office of International Affairs
The National Center for Missing and Exploited Children
The Association for the Recovery of Children
Find the Children of Santa Monica

The victim children are being held by Dutch family protective services. FBI agents will travel with the victims’ mothers to the Netherlands to reunite them with their children. The Silah brothers are being held in the custody of Dutch police based on the provisional arrest warrant issued in the United States. There are pending state and federal charges for the Silah brothers. The United States government will seek justice for the victims, working cooperatively with our international partners.

If you have been arrested, or under investigation for parental kidnapping, its important that you consult experienced legal counsel. Criminal defense attorneys Donald Marks and Anthony Brooklier will specially design a top legal team who will assist you in your parental kidnapping case. The Law Offices of Marks & Brooklier have experienced kidnapping criminal defense lawyers, who will ensure you receive the legal assistance you need.

Do not let any time go by without contacting a Los Angeles and United States parental kidnapping criminal defense attorney from the Law Offices of Marks & Brooklier to defend you against these charges. We will provide you with a strong defense and fully investigate all aspects of the kidnapping case and dispute any evidence brought against you immediately.

Although based in Los Angeles, we represent clients throughout the United States. Contact our office for a free consultation, 24/7.

A Rowland Heights, California woman was found guilty of three counts of first-degree murder in the 2007 deaths of her husband and two young sons in the family's townhouse. Manling Tsang Williams, could face the death penalty because the Pomona jury also found her guilty of the special circumstances of multiple murders and lying in wait.

On Aug. 7, 2007, Williams called police to report that she had come home from grocery shopping at 7:30 a.m. and found her husband and her children dead. At the time, neighbors said that Williams ran from her house screaming that her husband had been injured. When Los Angeles County sheriff's deputies arrived and searched the house, they found the bodies of Neal Williams, 27; Devon Williams, 7; and Ian Williams, 3. Prosecutors say Williams stabbed her husband to death with a sword and smothered their two sons, who were in their bunk beds in an upstairs bedroom, with a pillow. Manling Williams was arrested for the murders on Aug. 8.

A medical examiner testified during the trial that Neal Williams had been slashed and stabbed more than 90 times with a Samurai sword. The jury returned its verdict one day after closing arguments and final instructions. Testimony in the penalty phase now begins,  during which the same jury will have to decide between the penalty of death or life in prison without the possibility of parole.

Police will conduct an intensive and thorough investigation following a murder. Therefore, if you are eventually charged, you will need a skilled homicide lawyer from Marks & Brooklier. Criminal attorneys Donald Marks and Anthony Brooklier have been representing clients for homicide charges for three decades. It takes a dedicated legal team to fight a murder charge, and with our firm you can feel confident that we will provide you with the highest quality criminal defense team possible. We will conduct our own investigation of the evidence in order to present a strong defense. Our Los Angeles murder criminal defense attorneys are aggressive and well-versed in a court room setting and look forward to assisting you with your case. Contact us for a free consultation, 24/7.

A United States Attorney in San Diego, California announced that Augustin Jaime Lopez-Ceballos was sentenced to serve 181 months in prison after his guilty plea to conspiracy to distribute methamphetamine, distribution of methamphetamine, and possession of firearms in furtherance of a drug trafficking offense. United States District Judge Jeffrey T. Miller, who imposed the sentence, previously ordered Lopez-Ceballos to forfeit his interests in ten firearms, including handguns, shotguns, and rifles, and ammunition that were seized in connection with the offense.

The sentence imposed on Lopez-Ceballos resulted from an investigation begun in 2008 by the Federal Bureau of Investigation, the San Diego County Sheriff’s Department and the East County Regional Gang Task Force. The investigation identified Lopez-Ceballos as a methamphetamine distributor operating out of Spring Valley, California. According to court documents, Lopez-Ceballos used conspirators, including a juvenile, as couriers to distribute methamphetamine in east San Diego County.

Lopez-Ceballos is the final defendant to be sentenced from this investigation. The court previously sentenced co-defendants Dianne Lynn Pinal to serve 48 months in prison; Rafael Gaspar-Alvorado to serve 48 months in prison; and Felipe de Jesus Lopez-Lopez to serve 30 months in prison.

Federal criminal defense lawyers Donald Marks and Anthony Brooklier have been representing clients on drug conspiracy and distribution crimes for over 30 years. We are well aware of all the issues and complexities that can arise from such drug charges and have successfully handled hundreds of cases. When faced with conspiracy to distribute methamphetamine charges you need an experienced Los Angeles and United States drug conspiracy and distribution criminal defense lawyer with experience in representing clients for federal drug crimes. If you have been charged with a drug distribution crime in California, we recommend you contact us in order to begin to prepare your case for a successful defense.