Recent Posts in Federal Crimes Category
| January 11, 2011 |
| California Gang Leader Sentenced to Federal Prison for Racketeering and Drug Distribution |
| Posted By admin |
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A man identified as a drug kingpin and a key defendant in a federal gang sweep was sentenced to 30 years in federal prison for overseeing the racketeering and drug activities of the Varrio Hawaiian Gardens street gang. George Manuel Flores was arrested in 2009 as part of Operation Knockout, one of the nation's largest gang sweeps. He was labeled a leader in the Hawaiian Gardens gangs and was accused of ordering gang members to collect taxes from drug dealers in this Los Angeles county city. He pleaded guilty to five counts including racketeering conspiracy, being a felon in possession of ammunition and other drug charges. Flores was sentenced by a United States District Judge, who is presiding over the 57-defendant racketeering indictment. Prosecutors portrayed Flores as a drug lord.
As part of his guilty plea, he admitted to distributing mass quantities of drugs, including more than 30 kilograms of heroin, more than 4.5 kilograms of crack cocaine, more than 1.5 kilograms of pure methamphetamine, more than 15 kilograms of narcotics that contained methamphetamine, and more than 100 kilograms of marijuana.
The investigation began after Los Angeles County Sheriff's Deputy Jerry Ortiz was murdered in 2005 by a gang member he was attempting to arrest. In 2009, about 170 gang members were taken into custody in the massive operation. Flores is the last defendant to be sentenced in this federal prosecution. Marcos Romero was sentenced last November to 291 months in federal prison for being a primary wholesaler of narcotics. Brian Viramontes was sentenced in September to 210 months in federal prison for distributing narcotics. This case also revealed a link between the Nazi Low Riders and the gang. Frank Wayne Henley, a member of the Nazi Low Riders gang, was sentenced last November to 262 months in federal prison for supplying members of the Hawaiian Gardens gang with methamphetamine and heroin.
Federal crimes can be labeled as such by falling under federal legislation of Title 18 of the United States Code. A federal crime is defined as a crime that is either made illegal by falling under this legislation, or because of occurring on federal property. Federal crimes are normally investigated by the FBI and are tried in the Federal Court system. Federal courts have their own governing rules and regulations which are different from California State laws. If you are facing federal criminal charges, you will need to discuss your case with a federal criminal defense lawyer who has the special knowledge of this area of the law. At Marks & Brooklier, we have qualified Los Angeles federal criminal defense attorneys to represent you.
Federal criminal defense attorneys Donald Marks and Anthony Brooklier are uniquely qualified to represent you in court. They have represented defendants in virtually every major organized crime case prosecuted in Southern California. In 1980, Marks & Brooklier was lead counsel in the "Los Angeles Mafia" case in a major RICO conspiracy case. Conact our office anytime, 24/7, for a free case evaluation. All consultations are strictly confidential. |
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| January 06, 2011 |
| Chico, California Man Arrested for Possession of Child Pornography |
| Posted By admin |
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A San Diego FBI Special Agent announced the arrest of Amado Nicholas Hernandez, of Chico, California. Hernandez was arrested as he arrived on board a cruise ship at the Port of San Diego. Hernandez was arrested by FBI Agents based on information developed from an investigation conducted by the Sacramento FBI. According to the affidavit in a federal criminal complaint filed, Hernandez is alleged to have received and possessed child pornography in violation of federal laws.
In the summer of 2010, the Sacramento Division of the FBI received information from a deputy of the Glenn County Sheriff’s Department regarding a computer he received from a concerned citizen. The citizen had received the computer at an estate sale in Chico, California. The computer had been given away by a woman holding the sale because the computer was thought to be broken. The person who received the computer was a technician who was able to repair the computer. Once the computer was repaired, the citizen discovered images of child pornography on the hard drive and promptly turned the computer over to law enforcement.
A law enforcement forensic review of the computer revealed that there were approximately 450 still images files of child pornography and approximately 250 video files of child pornography on the computer. Additional review of the computer and address checks for the estate sale residence linked Hernandez to both the computer and residence. The still and video images found on Hernandez’s computer were forwarded to the National Center for Missing and Exploited Children (NCMEC) which compared those files with images of known child pornography victims. NCMEC subsequently reported that 43 of the submitted videos files were of known child victims from 15 different identifiable series of child pornography. They also reported that there were 72 child pornography still images from 35 different identifiable series of child pornography. As there were some video and image files from the same series, there were a total of 44 different child victims who appeared in video or image files on the abandoned computer.
A federal arrest warrant was authorized by a U. S. Magistrate Judge from the United States District Court, Eastern District of California, charging Hernandez with receiving and possessing child pornography. Hernandez was booked into the Bureau of Prisons (BOP) Metropolitan Correctional Center in Los Angeles.
The Los Angeles child pornography lawyers at Marks & Brooklier are qualified to defend individuals who have been accused of child pornography or any related sex crime. Having the most skilled and experienced criminal defense attorney will ensure you are provided with the defense you require to overcome the these charges. We provide our clients with the highest quality defense that includes a skilled legal team that is aware of how these charges can affect your future. Child pornography lawyers Donald Marks and Anthony Brooklier have the experience necessary to present a defense that will allow a jury to view all the facts without judging you based soley on emotion. Contact our office for a free case evaluation. |
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| December 06, 2010 |
| Two California Men Sentenced to Prison for Child Pornography Charges |
| Posted By admin |
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In Sacramento, California, a United States Attorney announced that United States District Judge Garland E. Burrell sentenced two men to 20-year prison terms today as follows:
David Wehde—Docket #: No. Cr.S-07-491-GEB
David Wehde, 24, of Sacramento, pleaded guilty to using a minor to produce images of child pornography and for receiving visual depictions of minors engaged in sexually explicit conduct via the Internet. He was sentenced to 20 years in prison, and a life term of supervised release upon his release from custody. He will also have to register as a sex offender and adhere to numerous other conditions of release.
Wehde came to the attention of law enforcement when a minor female from the Natomas area reported Wehde had contacted her via an Internet site called "espinthebottle.com," and that they had sexual relations. At the time the girl was 13 years old, and Wehde was 21 years old. During the examination of Wehde's computer, a forensic analyst found images and videos of child pornography along with Internet chats between Wehde, the 13-year-old girl, and a second 13-year-old girl from El Dorado County. In the chats between Wehde and the El Dorado County girl, the two discussed sex acts they had engaged in. The forensic analyst also found sexually explicit and provocative images Wehde had taken of this girl using his cell phone camera and evidence that he had sent one of the sexually provocative images to another person he communicated with via the Internet.
This case was the product of an extensive investigation by officers and detectives from the Sacramento County Sheriff's Department and the Sacramento Valley High Tech Crimes Task Force. Assistant United States Attorney Laurel D. White prosecuted the case.
Russell Johnson—Docket #: 2:07-cr-491-GEB
Russell Johnson, of Tracy, California, pleaded guilty to possessing child pornography. On October 13, 2009, FBI, local, and state law enforcement officers conducted searches in the residences of registered sex offenders in a number of counties, including San Joaquin. Agents contacted Johnson and seized electronic media, including a laptop computer, central processing unit towers, external drives, and other computer components. In addition, law enforcement seized a thumb drive and three compact discs that had been tossed out of the window of the motel room where Johnson was staying when law enforcement knocked and announced themselves at the door. A subsequent forensic analysis of the computer revealed approximately 1,960 image files and 28 video of child pornography. Johnson has two prior state convictions for lewd acts upon a child under 14.
This case is the product of a joint investigation involving multiple agencies in support of the FBI's Innocent Images National Initiative. Both cases were brought as part of Project Safe Childhood (PSC), a nationwide initiative by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, PSC mobilizes federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information, visit www.projectsafechildhood.gov or call the U.S. Attorney's Office for the Eastern District of California and ask to speak with the PSC coordinator.
Attorney's Donald Marks and Anthony Brooklier are well known Los Angeles child pornography criminal defense attorneys.
The Los Angeles child pornography criminal defense lawyers at Marks & Brooklier are qualified to represent clients who have been accused of child pornography or any related crime. Having the most skilled and regarded criminal defense attorney will ensure you are provided with the defense you require to overcome the 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. Contact our office for a free consultation |
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| November 29, 2010 |
| Six Indicted in Connection with Interstate Marijuana Drug Shipments |
| Posted By admin |
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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. |
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| November 23, 2010 |
| Jury Convicts Oakland Patient Recruiter for Health Care Fraud |
| Posted By Jerry Kastler |
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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 |
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| November 10, 2010 |
| Arrest Made in Child Pornography Investigation in San Diego, California |
| Posted By admin |
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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. |
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| November 08, 2010 |
| Fugitive Brothers Wanted for Parental Kidnapping Arrested in the Netherlands |
| Posted By admin |
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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. |
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| November 02, 2010 |
| Joint Investigation Leads to Drug Trafficking Sentence in San Diego |
| Posted By admin |
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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. |
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| October 28, 2010 |
| Dirty UPS Driver Convicted of Drug Trafficking Conspiracy |
| Posted By admin |
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In Phoenix, Arizona, Stanley William Taylor, Jr., of Cleveland, Ohio, was found guilty of conspiracy to possess marijuana with intent to distribute by a federal jury in Phoenix. The trial began before United States District Court Judge Susan R. Bolton on September 8, 2010, and the jury returned its verdict of guilt on September 15, 2010. The defendant was taken into the custody of the United States Marshal Service.
The evidence at trial showed that a marijuana trafficking organization was acquiring wholesale quantities of marijuana in Arizona, and then shipping the drug to purchasers in Florida, Georgia, Maryland, New York, Ohio, Pennsylvania, and Rhode Island. The defendant agreed to use his position as a UPS delivery driver in Cleveland, Ohio to assist the drug trafficking organization with the delivery of boxes filled with illegal drugs. A Special Agent with the United States Drug Enforcement Administration testified that the organization’s drug ledgers reflected the sale of more than 6,900 pounds of marijuana. The banking records of the defendant’s associates showed more than $900,000 in cash deposits while the two-year conspiracy was underway.
“The success of a drug trafficking organization requires the complicity of many, and this verdict demonstrates you will be held to answer,” said Dennis K. Burke, the United States Attorney for the District of Arizona.
A conviction for conspiracy to possess at least 100 kilograms of marijuana with intent to distribute carries a maximum penalty of 40 years, a $2,000,000 fine, or both. In determining an actual sentence, Judge Bolton will consult the United States Sentencing Guidelines, which provide appropriate sentencing ranges.
The investigation leading to the guilty verdict was conducted by the U.S. Drug Enforcement Administration, the Internal Revenue Service, the Mesa Police Department, the Arizona Department of Public Safety, the U.S. Postal Inspection Service, the Tempe Police Department, the Pinal County Sheriff’s Office, and the Federal Bureau of Investigation. The prosecution was handled by the Assistant United States Attorneys, District of Arizona, Phoenix
Federal criminal defense lawyers Donald Marks and Anthony Brooklier have been representing clients on drug trafficking matters for three decades. We are well aware of all the issues and complexities that can arise from such charges and have successfully handled numerous cases. When faced with marijuana drug trafficking charges you need a skilled Los Angeles and United States drug trafficking criminal defense attorney with 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 trafficking crime, we recommend you contact us in order to begin to prepare your case for a successful defense. |
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| October 26, 2010 |
| San Francisco Man Charged in $25 Million Ponzi Scheme |
| Posted By admin |
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| Maher Talal Muhawieh was charged for perpetrating a Ponzi scheme over the course of almost three years, United States Attorney Melinda Haag announced. According to court documents, Muhawieh allegedly took in more than $25 million from a total of at least 80 victims. According to information in the Indictment, which was filed yesterday, Muhawieh 31, of San Francisco , told potential victims various lies to get them to lend him money. For example, Muhawieh represented to victims that their funds would be used to purchase and to renovate specific residential properties in San Francisco that would then be sold at a profit. Muhawieh claimed he would make regular and high rates of return for the lenders with limited risk. Muhawieh also represented to victims that their funds were secured by deeds of trust on the residential properties that he represented would be purchased and renovated with the lenders’ funds.
The indictment alleges that Muhawieh operated a Ponzi scheme whereby he used the lenders’ funds to reimburse earlier lenders. In addition, Muhawieh allegedly used the lenders’ funds for a variety of unauthorized activities such as personal expenses and investing in retail businesses located in San Francisco. Unbeknownst to the victims, Muhawieh provided multiple deeds of trust for the properties that purportedly served as collateral for the lenders’ funds; as a result, the deeds of trust did not provide the lenders with adequate security.
Muhawieh is charged in the Indictment with 12 counts of wire fraud, in violation of Title 18, United States Code, Section 1343. The maximum statutory penalty for each count of wire fraud is 20 years’ imprisonment, a fine of $250,000 or twice the gain or loss, supervised release of three years, and restitution to victims of the alleged scheme. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Muhawieh made his initial appearance in federal court in San Francisco. The defendant was released to a half-way house pursuant to a $375,000 secured bond. The prosecution is the result of a 15-month investigation by the Federal Bureau of Investigation.
This law enforcement action is part of the work being done by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.
If you have been charged with federal crime such as wire fraud, you need and experienced California and United States federal wire fraud criminal defense attorney to protect your rights. Federal attorneys Donald Marks and Anthony Brooklier have been successfully representing clients on federal crime charges since 1976. Federal charges are a serious crime that must be handled in the proper manner to avoid dire legal consequences. If you have been charged or under investigation for any type of federal crime, it is vital you contact a Los Angeles and United States federal criminal defense attorney to protect your legal rights. Contact us for a free, strictly confidential, consultation 24/7. |
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| October 25, 2010 |
| 12 California Defendants Arrested for Methamphetamine Drug Trafficking |
| Posted By admin |
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| United States Attorney Benjamin B. Wagner and Federal Bureau of Investigation Special Agent in Charge announced the unsealing of an indictment and arrests resulting from a 16-month investigation into the trafficking of methamphetamine. According to a 26-count indictment filed on October 7, 2010, Amador Eli Rosales aka Eli Rosales, 32; Tony Rosales, 29; Albert Vasquez, 40; Adrianna Cano, 33; Jonathan Gonzalez, 32; Michael Leonard Lovato, 44; Michael Valentino Lovato, 21; Andre Kovacs, 44; Nicole Garcia, 32; Derick Noble, 27, all of Sacramento; and James Murphy, 55, of Elk Grove, are charged with conspiring to distribute methamphetamine, the distribution of methamphetamine, and the unlawful use of a communication facility. Bryan Perez, 33, of Sacramento was indicted separately for two counts of distribution of methamphetamine. According to court documents, during the course of this investigation, Eli Rosales and others sold methamphetamine to a confidential source.
This case is the product of an extensive investigation by the Federal Bureau of Investigation Safe Streets Task Force, which includes the Sacramento Police Department, the California Highway Patrol, and the California Department of Corrections and Rehabilitation, assisted by the Sacramento HIDTA (High Intensity Drug Trafficking Area) team.
Nine defendants appeared for arraignment and entered not guilty pleas before United States Magistrate Judge Dale A. Drozd. Albert Vasquez and James Murphy have not yet been arrested. Derick Noble is in state custody on other charges and will be transferred to federal custody at a later date.
U.S. Attorney Wagner said, “Methamphetamine is a highly dangerous drug infecting our communities. Targeting methamphetamine distributors is an effective way to combat the spread of this drug, while also reducing the violence and other criminal activity associated with meth trafficking.”
Special Agent in Charge Parenti said, “The FBI has a long and successful history of utilizing the Safe Streets Violent Crime Initiative with our law enforcement partners across the country to combat violent crime. The indictments and arrests related to this case offer further proof that this approach to rooting out the criminals plaguing our neighborhoods is working.”
The statutory penalty for conspiracy to distribute methamphetamine is a mandatory minimum sentence of 10 years up to life, a fine of $4 million or both; the maximum penalty associated with the distribution of methamphetamine is 40 years in prison depending on the quantity and purity levels; the penalty for unlawful use of a communication facility is up to four years in prison or $250,000 fine or both. 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 drug trafficking matters since 1976. 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 drug trafficking charges you need experienced Los Angeles drug trafficking criminal defense lawyers 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. |
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| October 19, 2010 |
| Eleven Indicted in Connection with Multi-Agency Pharmacy Investigation |
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| A federal grand jury indicted 11 defendants for participating in three separate but related conspiracies to distribute controlled substances outside the scope of professional medical practice, United States Attorney Melinda Haag and Drug Enforcement Administration Special Agent in Charge Anthony D. Williams, announced. According to the indictment, in the Safescripts Online conspiracy, which began in November 2004 and continued until December 2006, eight individuals conspired to distribute in excess of $22.2 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are: Christopher Napoli, 44, of Newtown Square, Pa.; Joseph Carozza, M.D., 65, of Garden City, N.Y.; Daniel Johnson, 38, of Pekin, Ill.; Jeffrey Herholz, 43, of Fayetteville, N.C.; Darrell Creque, 60, of Clayton, N.C.; Jeffrey Entel, 40, of the Dominican Republic, Steven Paul, 49, of Glendale, Ariz.; and Salvatore Lamorte, 52, of Freehold, N.J. All of the defendants were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). In addition, all but Paul were charged with distribution of the schedule IV controlled substance Phentermine, in violation of 21 U.S.C. § 841(a)(1), and all but Creque were charged with conspiracy to launder money, in violation of 18 U.S.C. § 1956(h).
The indictment also alleges that, in the Pitcairn conspiracy, which ran between May 2003 and April 2007, five defendants sold at least $55 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are: Michael Arnold, 40, of Boca Raton, Fla.; Diego Podolsky Paes, 29, of Brazil; Lamorte, Herholz, and Creque. All of the defendants were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846. In addition, Lamorte, Arnold, and Paes were charged with four counts of distribution of the schedule IV controlled substance Phentermine, in violation of 21 U.S.C. § 841(a)(1), and all defendants but Creque were charged with conspiracy to launder money, in violation of 18 U.S.C. § 1956(h).
According to the indictment, during the United Mail Pharmacy Services conspiracy, which began in January 2006 and ended in March 2008, three defendants conspired to distribute in excess of $48 million worth of controlled substances outside the scope of professional medical practice and without establishing a legitimate medical purpose for the drugs. The individuals charged are Paul, Entel, and Dino Antonioni, 42, of Miramar, Fla. All three were charged with conspiracy to distribute schedule III and IV controlled substances, in violation of 21 U.S.C. § 846, and conspiracy to launder money, in violation of 18 U.S.C. § 1956(h). Entel and Antonioni were also charged with the Attempted Distribution of Schedule III and IV Controlled Substances, in violation of 21 U.S.C. § 846, and international money laundering, in violation of 18 U.S.C. §1956(a)(2)(A).
The narcotics conspiracy offenses (21 U.S.C. § 846) carry a maximum penalty of: five years of imprisonment, a $250,000 fine, three years of supervised release, and a $100 special assessment. The offense of distribution of a schedule IV controlled substance (21 U.S.C. § 841(a)(1)) carries a maximum penalty of: three years of imprisonment, a $250,000 fine, one year of supervised release, and a $100 special assessment. The offense of attempted distribution of schedule III and IV controlled substances (21 U.S.C. § 846) carries a maximum penalty of: five years of imprisonment, a $250,000 fine, three years of supervised release, and a $100 special assessment. The money laundering offenses (18 U.S.C. §§ 1956(h) and 1956(a)(2)(A)) carry a minimum penalty of: 20 years of imprisonment, a fines of up to $500,000, or twice the value of the property involved in the offense, three years of supervised release, and a $100 special assessment.
The indictment was obtained in connection with an international investigation of illegal Internet pharmacies that began in 2005. The investigation has resulted in the indictment of 37 federal defendants, the conviction of 26 individuals on federal criminal charges, and the dismantling of more than five Internet pharmacies that illegally distributed more than 80 million doses of controlled substances to users in the United States. As a result of the investigation, law enforcement agents have seized more than $39 million in cash and assets, including several high value homes and multiple luxury vehicles.
The federal criminal cases resulted from an Organized Crime and Drug Enforcement Task Force (OCDETF) investigation involving the coordinated efforts of multiple federal and state law enforcement agencies plus foreign authorities from several jurisdictions. The law enforcement agencies include the U.S. Drug Enforcement Administration, the Internal Revenue Service Criminal Investigation Division, U.S. Immigrations and Customs Enforcement Homeland Security Investigations, the Food and Drug Administration Office of Criminal Investigations, the Federal Bureau of Investigation, the United States Postal Inspection Service, and the Boards of Pharmacy from North Carolina, Florida, Kansas, Colorado, Connecticut, and Louisiana. Significant additional assistance was provided by authorities in Brazil, Panama, the Netherlands, Switzerland, Liechtenstein, Romania, Costa Rica, The Netherlands Antilles, St. Kitts and Nevis, and the Bahamas. Additional federal prosecutions are contemplated upon completion of the ongoing investigations.
Criminal defense attorneys Donald Marks and Anthony Brooklier have been representing clients on conspiracy to distribute controlled substances and other drug related matters since 1976. When faced with drug conspiracy charges you need experienced Los Angeles criminal defense lawyers with experience in representing individuals for drug crime charges. If you have been charged with a drug conspiracy crime, we recommend you contact us in order to begin to prepare your case for a successful defense. |
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| October 05, 2010 |
| Los Angeles Medical Equipment Supplier Sentenced to Federal Prison for Healthcare Fraud |
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| The owner and operator of a Los Angeles durable medical equipment (DME) company was sentenced to 46 months in federal prison in connection with a power wheelchair scheme to defraud Medicare, the Departments of Justice and Health and Human Services (HHS) announced. Sylvester Ijewere, was also ordered to pay $211,755 in restitution by United States District Judge Dale S. Fischer of the Central District of California. In addition, Ijewere was ordered to serve three years of supervised release following his prison term.
Ijewere pleaded guilty on April 12, 2010, to health care fraud. Ijewere, the owner of Maydads Medical Supply, admitted that between June 2007 and October 2009, he conspired with others to purchase fraudulent prescriptions and medical documents which he used to submit false claims to Medicare for expensive, high-end power wheelchairs, and other DME. Ijewere received approximately $4,000 in reimbursement payments for each power wheelchair claim he submitted to Medicare. Approximately 50 percent of the Medicare beneficiaries to whom Ijewere claimed Maydads had supplied power wheelchairs and other equipment lived more than 100 miles from Maydads’ Los Angeles-area offices in Central and Northern California.
As a result of this scheme, Ijewere admitted that he submitted or caused the submission of approximately $471,345 in false and fraudulent claims to Medicare through Maydads. Ijewere’s co-conspirator, Donna Wells, a patient recruiter, was charged for her role in the scheme in October 2009, and is scheduled to begin trial on Nov. 9, 2010.
Sentencing was announced by Assistant Attorney General Lanny A. Breuer of the Criminal Division; U.S. Attorney André Birotte Jr. for the Central District of California; Tony Sidley, Assistant Chief of the California Department of Justice, Bureau of Medi-Cal Fraud and Elder Abuse (CAL-DOJ); Glenn R. Ferry, Special Agent-in-Charge for the Los Angeles Region of the Office of Inspector General (OIG) for HHS (HHS-OIG); and Steven Martinez, Assistant Director in Charge of the FBI’s Los Angeles Field Office.
The case is being prosecuted by Trial Attorney Jonathan T. Baum of the Criminal Division’s Fraud Section and Assistant U.S. Attorney Kerry C. O’Neill of the Central District of California. The case is being investigated by CAL-DOJ. 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 810 individuals who collectively have falsely billed the Medicare program for more than $1.85 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 an experienced and professional attorney who can take charge of the situation quickly. Penalties for federal fraud crime include sentences up to 30 years, in addition to fines and other penalties. 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 lawyers from Marks & Brooklier. We have years 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 fraud crime charges. Contact a Los Angeles healthcare fraud criminal defense lawyer today for a free consultation |
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| September 22, 2010 |
| Southern California Medical Center to Pay Millions to Resolve Fraud Allegations |
| Posted By admin |
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| The El Centro Regional Medical Center in Imperial County, California, has agreed to pay the United States $2.2 million, plus interest, to settle allegations that it defrauded Medicare. The government alleges that the 165-bed acute care hospital fraudulently inflated its charges to Medicare patients to obtain larger reimbursements from the federal health care program. The settlement covers claims submitted by the hospital for short inpatient admissions, usually of one day or less, when the services should have been billed on an outpatient observation basis or as emergency room visits.
“Our office will aggressively work with investigative partners to protect healthcare funds from fraud and abuse,” said Laura Duffy, United States Attorney for the Southern District of California. “Today’s settlement demonstrates our commitment to holding health care providers who receive federal funds and knowingly defraud or overcharge federal health care programs accountable.”
The allegations arise from a lawsuit that was brought under the qui tam, or whistleblower, provisions of the False Claims Act (FCA), which permit private citizens with knowledge of fraud against the government to bring an action on behalf of the United States and to share in any recovery. The whistleblower in this case, Pietro Ingrande, a former employee of El Centro Regional Medical Center, will receive $375,000 as his share of the recovery.
The United States has agreed to dismiss the lawsuit as a result of the settlement. In addition, as a condition of continued participation in federal health care programs, the Office of Inspector General of the U.S. Department of Health and Human Services (OIG-HHS) has required El Centro Regional Medical Center to enter into a Corporate Integrity Agreement. The agreement subjects the hospital to strict policies and procedures to ensure future compliance with applicable statutes and regulations that govern the use of federal health care funds.
“Whistleblowers are critical to ensuring that Medicare dollars are not siphoned off, but find their way to those who most need them,” said Glenn R. Ferry, Special Agent in Charge for the Los Angeles Region of the OIG-HHS. “Office of Inspector General special agents and our law enforcement partners have forged a powerful team that will work with private citizens who come forward to protect the Medicare Trust Fund and defend it from fraud and abuse.”
The investigation and settlement of this case are the result of the collaborative effort of the Justice Department’s Civil Division, the U.S. Attorney’s Office for the Southern District of California, OIG-HHS, and the FBI. This settlement is part of the government’s emphasis on combating health care fraud and another step for the HEAT initiative, which was announced by Attorney General Holder and Secretary Sebelius in May 2009. The partnership between the two departments has focused efforts to reduce and prevent Medicare and Medicaid fraud through enhanced cooperation.
Fraud consists of many different types of crimes, but is generally defined as intentional misrepresentation or concealment of information in order to deceive or mislead. Fraud crimes use deception on unsuspecting individuals who fall for a scheme or sales pitch that sounds too good to be true. If you have been accused of a state or federal fraud crime, you will need an experienced Los Angeles fraud crimes defense attorney to represent you in defense against these charges. Depending on the manner in which the fraud was committed, a fraud crime may be charged on the state or federal level. Fraud criminal lawyers at the Los Angeles based law firm Marks and Brooklier handle defense for any number of fraud crime charges.
If you has been arrested for a federal fraud crime, you will need to consult a Los Angeles and United States federal fraud criminal defense lawyer who has the special knowledge of this area of the law. Attorneys Donald Marks and Anthony Brooklier are qualified Los Angeles criminal attorneys to represent you. Contact us for a free consultation, 24/7, strictly confidential. |
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| September 08, 2010 |
| International Serial Rapist Extradited to Los Angeles After Interpol DNA Match |
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A man suspected of being an international serial rapist is in custody in Orange County after being extradited from Austria following a DNA match through INTERPOL. The defendant was featured on the Orange County District Attorney’s Ten Most Wanted list.
Ali Achekzai, 32, formerly of Ladera Ranch, will be arriving at Los Angeles International Airport (LAX) from Austria. He is being escorted by the Federal Bureau of Investigation (FBI) and Tustin Police Department.
The defendant will be held in the Orange County Jail on $1 million bail and is subject to a United States Immigration and Customs Enforcement nobail hold. He is expected to be arraigned in the Central Jail, Santa Ana.
Achekzai is charged with two felony counts of forcible rape, two felony count of sexual penetration by foreign object by force, one felony count of aggravated assault, one felony count of assault with the intent to commit a sexual offense, and sentencing enhancements and allegations for committing sexual crimes against more than one victim and causing great bodily injury to a victim. The Orange County District Attorney's Office is prosecuting the defendant for rapes and assault with the intent to commit a sexual offense that occurred in both Orange and San Diego Counties. If convicted, Achekzai faces a maximum sentence of 68 years and four months to life in state prison.
Tustin Police Department is the lead investigating agency and the FBI coordinated the extradition. The OCDA charged the defendant and a $500,000 arrest warrant was issued for him Oct. 19, 2004. The warrant was later increased to $1 million and Achekzai was arrested in Salzburg, Austria, on Jan. 26, 2010. The Federal Ministry of Justice in Vienna, Austria granted extradition on Aug. 13, 2010.
Achekzai's return to the United States will be funded by the FBI Project Welcome Home, which provides funding to facilitate the transportation of fugitives wanted by the FBI to the United States. It is anticipated that the federal government will dismiss the federal warrant charging Achekzai with Unlawful Flight to Avoid Prosecution in lieu of the OCDA prosecution.
Circumstances of the Rape of Jane Doe #1
On Jan. 31, 2004, Achekzai is accused of meeting 21-year-old Jane Doe #1 at a nightclub in Laguna Beach. Shortly after 2:00 a.m., Jane Doe #1 observed the defendant following her in his car as she was driving on Jamboree Road toward Tustin. The defendant is accused of following Jane Doe #1 as she drove around and attempted to get away from him. Achekzai is accused of pulling up near Jane Doe in his car and yelling for her to pull over because he wanted to talk to her about something important.
Jane Doe #1 parked in a fast food restaurant lot and Achekzai is accused of getting into her car under the pretense of warning her about another man she had met at the nightclub. The victim became scared, got out of her car, and attempted to run away. Achekzai is accused of getting out of the victim’s car, chasing Jane Doe #1, catching her, and leading her back to the car as she cried and struggled to get away. Once they were back in the car, the defendant is accused of grabbing Jane Doe #1 by the neck, holding her down, digitally penetrating and forcibly raping her. He is accused of then getting back into his car and driving away. Jane Doe #1 reported the rape to police and DNA was collected from her clothing. TPD investigated this case.
Circumstances of the Rape of Jane Doe #2
On May 3, 2004, Achekzai is accused of meeting two women while at a nightclub with his male cousin in San Diego. Late that night, the defendant is accused of going with his cousin and the two women to Mount Soledad in San Diego County. Achekzai is accused of isolating 21-year-old Jane Doe #2 from the other two friends by inviting her to take a walk through a dark park. Once the defendant was alone with the victim, he is accused of grabbing her and pulling her to the ground as she struggled to get away.
Achekzai is accused of repeatedly hitting and punching the victim and telling her that he would kill her if she screamed. He is accused of covering the victim’s mouth to keep her quiet and forcibly raping and sexually penetrating her in the bushes. The defendant is accused of threatening Jane Doe #2 that he would kill her if she told anyone about the rape.
When the defendant and victim returned to the car, Jane Doe #2 immediately told her friend that she had been raped. Achekzai is accused of becoming angry and punching her in the mouth, knocking out her front tooth. Jane Doe #2 reported the rape to police and DNA was collected from her clothing. The San Diego Police Department investigated this case. In July 2004, DNA linked both rapes to the same defendant. Charges were filed against Achekzai for the sexual assaults of Jane Doe #1 and Jane Doe #2 in October 2004.
Circumstances of Assault Against Jane Doe #3
On Oct. 26, 2002, Achekzai is accused of getting into a limousine with four other people including 24-year-old Jane Doe #3, her friend, and two friends of the defendant. The group had been at a nightclub in Laguna Beach and drove to Costa Mesa to drop one of the men off at home. While still in the limousine, Achekzai is accused of removing Jane Doe #3’s pants and assaulting her after she fell asleep with the intent to commit a sexual offense. The victim woke up to find the defendant fondling her breasts. Achekzai is accused of swearing at the victim and telling Jane Doe #3 to shut up as she screamed. Jane Doe #3’s friend was also asleep in the limousine.
Circumstances of the Flight and Arrest
Achekzai is accused of fleeing the country prior to being charged for the rapes. The defendant is accused of fleeing illegally into Canada. He is accused of changing his name several times and obtaining identification under the identities of Ali Achekzai, Ali Achekza, Ali Achelczia, Waleed Nawabi, Walid Nawabi, David Azizi, and Wali Ahmed Shoja. He is a national and citizen of Afghanistan and is suspected to have lived in Afghanistan, Germany, San Francisco, Canada, Austria, and England.
Based on the fact that Achekzai had multiple California victims, and knowing that he fled internationally, Tustin Police Department worked with the Orange County Sheriff’s Department Crime Lab in December 2009 to coordinate the submission of Achekzai’s DNA to the international police agency, INTERPOL.
On April 24, 2009, Achekzai was arrested in Austria for rape under the name Wali Ahmed Shoja. His DNA was taken at that time, but the case in Austria was later dismissed. As a result of this case, INTERPOL matched the defendant from the Austria rape to the rapes in Orange and San Diego Counties and determined that Achekzai was living in Salzburg, Austria.
He was arrested Jan. 26, 2010, at the Hotel Unterbrunn in the Austrian town of Neukirchen am Grossvenediger. He was arrested by the Salzburg Criminal Investigative Division in cooperation with the FBI.
The case against and arrest of Achekzai has been a coordinated effort between the Tustin Police Department, Orange County District Attorney's Office, Federal Bureau of Investigation and FBI Legal Attache in Vienna, Orange County Sheriff’s Department, United States Immigration and Customs Enforcement (ICE) and ICE Homeland Security Investigations, United States Marshals Service, United States Department of Justice Office of International Affairs, Toronto Police Services Fugitive Squad, INTERPOL, Salzburg CID, Austrian Federal Police, Austrian Ministries of Justice and Interior, San Diego Police Department and San Diego District Attorney’s Office.
If you have been charged with a sex crime, you need to contact a Los Angeles rape and sex crimes criminal defense attorney who has the extensive knowledge of this area of the law. At Marks & Brooklier, we have qualified California and Los Angeles rape and sex crimes lawyers to defend you. You will absolutely need the experience that our law firm can provide you with. Our international legal team has handled high profile cases involving rape and other sex crimes with great success and can do the same for you. Contact us for a free consultation, 24/7, strictly confidential. |
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| September 06, 2010 |
| Los Angeles Sheriff Says Almost All Medical Marijuana Clinics Criminal |
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The Los Angeles County sheriff has escalated his war of words against California medical marijuana dispensaries, saying as many as 97 percent operate as criminal enterprises.
Some of the pot shops get marijuana from Mexican drug cartels, and most dole out pot to people with no medical need for it, Sheriff Lee Baca said.
"Millions of dollars are being made for profit, and it's all illegal," the sheriff said.
Baca presented no evidence to support his claim. His comments coincided with a recent announcement that he would lead efforts against a November ballot measure to legalize marijuana for personal use in California. Critics said his claims about the dispensaries were politically motivated and untrue.
"When they run out of scare tactics, they come out with stuff like this," said Michael Backes, a board member of the Cornerstone Research Collective, which provides marijuana to patients in the Eagle Rock area of Los Angeles.
Backes stressed there was no need to buy pot from Mexican cartels because more than enough quality marijuana is legally grown in California to supply the dispensaries.
A Drug Enforcement Administration spokesman, who works in the San Francisco office, said it was difficult to substantiate or refute Baca's claims because of challenges in determining where pot found in dispensaries was produced.
Baca, however, said chemical analyses of pot confiscated during drug raids against street dealers showed similar pesticide content and other characteristics as marijuana sold in dispensaries.
Allegations of criminal activity involving pot shops increased after a string of deaths, including the slaying of three men in West Hollywood, California who police suspect had been buying up bulk quantities of high-grade marijuana from dispensaries and reselling it on the street.
The suspect in that case confessed to killing the men when he didn't have enough cash to complete a transaction. In addition, two workers at different marijuana dispensaries have been killed during robberies in recent weeks.
"It is no surprise that people are going to get killed, drugs and violence go together," Baca said. Despite his concerns about the way dispensaries operate, Baca has been a longtime advocate of medical marijuana use by AIDS patients and people with other chronic conditions.
The 1996 law approved by California voters allows collectives to grow medicinal marijuana, though they are not supposed to make profits and can only charge enough to cover operating expenses.
Baca said the intent of the law was good but had been corrupted almost beyond recognition with most "patients" producing spurious notes from doctors describing vague ailments that don't need to be treated with marijuana.
Thirteen other states have legalized medical marijuana, and many jurisdictions around the country have decriminalized marijuana to the point that low-level possession offenses aren't prosecuted.
At Marks & Brooklier, criminal lawyers Donald Marks and Anthony Brooklier have been representing clients on medical marijuana and other drug related matters since 1976. When faced with medical marijuana charges you need experienced Los Angeles medical marijuana criminal defense lawyers with experience in representing individuals for California marijuana drug crimes. If you have been charged with a medical marijuana drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense. |
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| August 31, 2010 |
| Los Angeles Doctor Under DEA Probe for Over-Prescribing Painkillers |
| Posted By admin |
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Dr. Lisa Tseng, a Rowland Heights osteopath, is the focus of a DEA probe into the over-prescribing of painkillers. At least six of her patients in their 20s have died since 2007.
Last December, Joey Rovero and a couple of pals from Arizona State University set out on a road trip to Southern California.
They weren't headed to Hollywood or some other spot likely to attract a trio of rowdy frat boys out for a good time. Their destination was a clinic in a mini-mall off the 60 Freeway. After a short visit with Dr. Lisa Tseng, the young men left with a handful of prescriptions and headed back to ASU. Nine days later, Rovero, a muscular former high school football star, was dead of an overdose. He was 21.
Rovero was one of at least six men in their 20s who have died of overdoses since 2007 after making the trek to Tseng's office in Rowland Heights. Two others died after getting drugs from patients who got them from Tseng. Though Tseng is a general practitioner without a specialty, some patients drove from San Clemente, Palm Springs and places even farther away to see her.
Many who died were white men in their early 20s from Orange County. As kids, they played baseball and soccer and went surfing. They had nice homes and loving parents. Several shared a mischievous streak or bad-boy edge that led them to experiment with drugs. Friends and family members of some patients described their loved ones as addicts who used old injuries, a once-shattered ankle from riding motocross, a sore knee from a snowboarding mishap or a stiff back from a car accident, as excuses to score drugs.
Tseng prescribed an array of painkillers, muscle relaxants and anti-anxiety medications, according to records. Sold under the brand names OxyContin, Vicodin, Soma and Xanax, these drugs are widely abused by teens and young adults who increasingly are ending up in detox centers, emergency rooms and county morgues. The United States Drug Enforcement Administration deemed her "an imminent danger to public health and safety" and suspended her license to prescribe drugs prone to abuse. Since then, law enforcement officers have received calls from more parents alleging that their children had overdosed after getting prescriptions from Tseng.
Hsiu-Ying "Lisa" Tseng graduated from Michigan State University's College of Human Medicine with an osteopathic degree in 1996. Her California medical license remains in good standing, according to state records. She has no reported malpractice judgments against her or settlements of note and has not been charged with any crime. The drugs Tseng prescribed, although addictive, can provide much-needed relief to patients in pain. The law gives doctors broad latitude to make diagnoses and treatment decisions, but requires that they conduct physicals and document a patient's medical history.
Experts say such measures should help physicians tell the difference between a patient with real pain and an addict shopping for his or her next high. Among the most obvious signs of abuse are patients willing to drive long distances to see a doctor; patients asking for a specific medication in its most potent dosage; and patients going to multiple pharmacies to have their prescriptions filled. Tseng said she had noticed that some of her patients drove long distances to see her. She said she asked them why and was told that they had been referred by friends or relatives, an explanation she accepted.
Cases against doctors are fraught with the difficulties medical and legal authorities face in drawing the line between legitimate medicine and drug dealing. "If somebody is selling heroin or coke on the street, one undercover buy and they are going to prison," said Steve Opferman, a Los Angeles County sheriff's detective who specializes in medical fraud. "With doctors, it's a whole other matter. You need overwhelming evidence."
Matt Stavron was happiest soaring through the air on his Yamaha dirt bike after hitting a jump on the various motocross tracks throughout Southern California that he would visit with his dad and little brother. Landing wasn't always so much fun. Stavron was 13 when he suffered a compound leg fracture in the mid-1990s, the first of many injuries. He was hospitalized and given morphine for the pain. His parents think that's when he started on the road toward addiction.
Over the next decade, Stavron was in and out of rehab, battling an addiction to painkillers. As much as his son loved competing in motocross and hoped to turn pro, Bruce Stavron said, it got to the point where he began to wonder whether Matt was crashing his bike on purpose to get drugs. In 2007, however, things began to look up. Stavron spent the summer in rehab and this time, his parents said, it appeared to be taking. He had been clean for three months and was engaged to be married.
That September, Stavron's fiancee broke her neck and, rather than continue with his rehab in Long Beach, he stayed home to take care of her. He relapsed about two weeks later. His mother, Kelle, found him curled up in the fetal position on the bathroom floor, dead at age 24. Pills, large white ones, small bluish green ones and rectangular bars, were strewn about: There was OxyContin, Soma and Xanax, all traced back to Tseng, more than 50 miles away in Rowland Heights, according to Orange County coroner's records. She prescribed 80 milligrams of OxyContin, intended for people in extreme pain and favored by addicts. Of the 30 tablets Tseng prescribed just two days earlier, four remained.
Stavron's parents said they had never heard of Tseng and didn't know how their son had met her. What they did know, they said, was that he had no legitimate injury requiring the sort of medication he was given. Kelle Stavron said she knows her son could have died after scoring drugs on the street, "but the truth is this doctor gave him those pills, and he died," she said. "She's gotta live with that."
Ryan Latham was 21 when he overdosed in 2008. He died of the combined effects of hydrocodone, Xanax and Soma, the same drugs prescribed by Tseng less than a week earlier. The coroner ruled his death a suicide, noting, among other things, that Latham had grown depressed after breaking up with his girlfriend about a year earlier.His mother, Tina, said her son was particularly upset because his ex-girlfriend was about to get married. Handsome and gregarious on the surface, Latham was "pretty sensitive, emotional" underneath, his mother said. He struggled with drugs for years, but had been clean for about six months before he started seeing Tseng.
Tina Latham said her son was born with a mild case of spina bifida and had suffered a broken jaw in a fight a year or so before his death. Neither was causing him any pain, she said. In fact, Latham said, her son confided to her that Tseng, given some pretext, "an old X-ray, whatever," would prescribe "all the drugs you want." Ronnie Wiessbrod, one of Ryan Latham's roommates when he died, recalled his friend sending him a text message from Tseng's waiting room in which he talked about other patients laughing about the things they were planning to tell Tseng to get drugs.
Jeffrey "Neil" West did not die of an overdose. But his mother says she believes Tseng played a role in his death. In the two weeks before West fatally shot himself in July 2009, Tseng wrote him seven prescriptions totaling 325 pills, Adderall, Xanax, Soma, hydromorphone and 80-milligram tablets of OxyContin, coroner's records show. At one point, she wrote him overlapping prescriptions for Soma, 90 tablets on July 8 that should have lasted a month, then another 45 a week later. Upon learning after his death that Tseng had been prescribing such powerful drugs to her son, she blamed the doctor for fueling his addiction.
Criminal defense lawyers Donald Marks and Anthony Brooklier have been representing clients on prescription drug and other drug related matters since 1976. When faced with unlawful prescription drug charges you need experienced Los Angeles criminal defense attorneys with experience in representing individuals for prescription drug crimes. Such charges could include offenses for unlawful prescription drug possession, drug trafficking and other drug related charges. If you have been charged with a prescription drug crime, we recommend you contact us in order to begin to prepare your case for a successful defense. |
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| May 18, 2010 |
| Owner Of California Bookkeeping Co. Sentenced For Federal Fraud Charges |
| Posted By Marks and Brooklier |
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Owner of Irving bookkeeping and taxes company defrauded investors out of millions and was sentenced to federal prison for 20 years.
In San Francisco, Roberto Heckscher was sentenced today to 240 months in federal prison in connection with a fraudulent investment scheme he operated from 1979 to 2009, United States Attorney Joseph P. Russoniello announced.
In his guilty plea on Oct. 30, 2009, Heckscher, who owned and operated Irving Bookkeeping & Taxes in San Francisco’s Sunset District, admitted to engaging in fraudulent conduct that caused investors to lose between approximately $20 million and $100 million. The court found that, by June 2009 when the scheme collapsed, Heckscher had defrauded at least 292 investors out of a principal amount of approximately $52 million.
“For nearly three decades, Roberto Heckscher made his livelihood by stealing the hopes and dreams of the people he knew,” U.S. Attorney Russoniello said. “Today’s sentence should send a strong message to everyone, preying on the trust of hardworking people for personal gain will land you in prison. My office will continue to seek out the individuals committing these crimes and prosecute them to the fullest extent of the law.”
Between approximately 1979 and June 2009, Heckscher defrauded investors, who included his family, friends, and business clients, by promising to arrange short-term commercial loans between his clients and himself. Heckscher misled investors into believing that those purported loans would generate regular interest payments. Instead, Heckscher operated a Ponzi scheme in which some of the funds were transferred to existing investors as “interest payments” or used to repay principal. Heckscher used the remainder for his own purposes, including gambling at Nevada casinos as well as speculative investments in the equities and commodities markets.
Heckscher, 55, formerly of San Mateo, Calif., was originally charged on Oct. 14, 2009, in an Information with one count of mail fraud, in violation of 18 U.S.C. § 1341. After his arraignment on Oct. 30, 2009, Heckscher waived a formal detention hearing and was remanded to the custody of the United States Marshals.
The sentence was handed down by U.S. District Court Judge Susan Illston, who also sentenced the defendant to a three year period of supervised release. Judge Illston also ordered the appointment of a special master to assist in the determination of an allocation of restitution among the victims.
Timothy J. Lucey is the Assistant United States Attorney who is prosecuting this case with the assistance of Ponly Tu. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
This law enforcement action is part of President Barack Obama’s Financial Fraud Enforcement Task Force (FFETF). President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for the victims of financial crimes.
If you have been charged with a federal fraud crime, you will need a knowledgeable Los Angeles and San Fernando Valley fraud crimes lawyer to assist you in your defense against these charges. Depending on the manner in which the fraud was perpetrated, a fraud crime may be charged on the state or federal level. When charged on the federal level the fraud normally involves such things as counterfeiting or fraud that crossed state lines. We handle defense for any number of fraud crime charges such as Bank Fraud, Government Fraud, Counterfeiting, Theft, Bribery, Embezzlement, Wire Fraud and Pyramid Schemes.
Because a fraud crimes charge is a serious matter, you will need to retain the services of an experienced and professional attorney who can take charge of the situation quickly. Penalties for fraud crime include sentences up to 30 years, in addition to fines and other penalties. And if your fraud crimes becomes a federal charge, you may have involvement of the FBI into t he investigation of your case. It is imperative you do not risk your freedom when you have the power of the federal government investigating your case. Attorney's Donald Marks and Anthony Brooklier are strong and aggressive lawyers from Marks & Brooklier. We have years of experience in this field, serving hundreds of clients in Los Angeles, San fernando Valley and Beverly Hills area. We are confident we can assist you with your fraud crime charges. Contact a Los Angeles fraud attorney today for your free initial case evaluation. |
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| May 14, 2010 |
| Santa Monica Man Expected To Plead Guilty In Cambodian Sex Tourism Case |
| Posted By Marks and Brooklier |
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A 75-year-old former Santa Monica resident with a previous child-sex conviction is expected to plead guilty in Los Angeles federal court to traveling to Cambodia to have sex with boys.
Jack Louis "Dad" Sporich, most recently a resident of Sedona, Ariz., was arrested by Cambodian national authorities in February 2009, after two 12- year-old boys told of being repeatedly molested by the man, according to a plea agreement filed in U.S. District Court in downtown Los Angeles.
According to an affidavit in support of the charges, witnesses alleged that Sporich drove a motor bike through the streets of the city of Siem Riep, dropping Cambodian currency as a way to attract children. Last summer, Sporich was expelled from Cambodia and brought to Los Angeles, where he was arrested pursuant to a warrant in the case.
Sporich is facing a statutory maximum of 120 years in federal prison, but his plea agreement states that prosecutors are instead recommending a term of 10 years behind bars and a lifetime period of supervised release. The document also states that as part of his deal, Sporich will pay an amount up to $30,000 to be deposited in a fund for the education of the boys he had sex with.
In 1987, Sporich was convicted in Ventura County of lewd acts with a child under 14 years of age and sentenced to 18 years behind bars, according to court papers. The defendant was charged as a result of operation "Twisted Traveler," an ongoing effort by federal law enforcement to identify and prosecute "sex tourists" who travel to Cambodia to engage in illicit sex with children, a U.S. Attorney's Office spokesman said.
If you have been charged with a federal sex crime, you will need the services of a federal sex crimes criminal defense lawyer who has the special knowledge of this area of the law. At Marks & Brooklier, we have qualified Los Angeles and Beverly Hills federal sex crimes attorneys to represent you. You will need the over 33 years of experience that our law firm can provide you with. Our legal team has handled high profile cases involving federal sex crimes with great success and can do the same for you. Having represented alleged mafia bosses as well as organized crime defendents, we are well-versed in this area of the law. Contact us for a free consultation, 24/7, strictly confidential. |
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