Recent Posts in Federal Criminal Defense Category

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.

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.

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

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 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.

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.

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.

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.

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.

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.