december 6, 2011 - the federal crimes watch daily

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Federal Criminal Defense Lawyers www.McNabbAssociates.comTuesday, December 6, 2011

Sen. Schumer introducing bill to make pricegouging on drugs in short supply a federal crimeMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

Submitted at 2:58 PM December 6, 2011

The Washington Post on December 6,2011 released the following:“By Associated PressTRENTON, N.J. — Price gouging on

prescription drugs already in short supplywould become a federal crime under

legislation about to be introduced.Sen. Charles E. Schumer, D-N.Y., saidhe’s proposing a bill that that would givethe U.S. Department of Justice authorityto crack down on “unscrupulous drugdistributors” who sell hospitals life-savingprescription medicines in short supply athuge markups.The problem has been growing this year,

as shortages have dramatically worsenedfor normally cheap generic injectedmedicines that are the lifeblood of hospitals: drugs for cancer, pain,infections, even liquid nutrition and

anesthesia for surgery.The shortages are disrupting care of

patients and even clinical trials of experimental drugs that must be testedagainst older standard treatments.In September, The Associated Press

reported that at least patient 15 deathssince mid-2010 have been blamed on theshortages. In one case in Alabama, ninehospital patients died after gettinginadvertently contaminated liquidnutrition that had to be hand-mixed from apowder because the usual liquid version

wasn’t available.Schumer’s bill is to be introduced nextweek, an aide told the AP. It would allowpenalties of up to $500 million for eachcase of price gouging.“Forcing hospitals to buy life-savingmedications at outrageously inflatedprices is unquestionably unethical, andwith this legislation it would be illegal,too,” Schumer said in a statement.A Schumer spokesman said Monday that

the senator is working on lining up co-sponsors to the bill. Earlier in October,Schumer requested an investigation by the

Federal Trade Commission into possibleprice gouging by some distributors.In a typical year, there are always some

prescription drugs shortages. But thenumber of new shortages reported each

year has tripled since 2006. As of Nov.30, there had been 251 different new drugshortages this year.Multiple causes have been cited,

including manufacturing deficienciesleading to production shutdowns,companies ending production of somedrugs with tiny profit margins,consolidation in the generic drug industryand limited supplies of some ingredients.Hospital pharmacists and other officials

say the shortages have become a crisis,endangering patients and costing hospitals

significant money and staff time to try toobtain crucial drugs not available fromtheir regular suppliers.Some secondary suppliers say they are

helping hospitals get desperately neededdrugs by calling pharmacies and othersuppliers around the country, and that thedrugs have been marked up by othermiddlemen by the time the suppliers getthem.Politicians, responding to reports of

patients harmed by shortages, have beentaking up the issue, including President

Barack Obama.On Oct. 31, Obama signed an executiveorder instructing the Food and DrugAdministration to broaden its reporting of potential drug shortages, speed up reviewsof proposed production changes for drugsfacing shortages, and give the JusticeDepartment more information aboutpossible collusion or price gouging.That order included a key provision of

another bill, which would requiremanufacturers to notify the FDAimmediately of impending shortages of key drugs.

The bill was introduced by Sen. AmyKlobuchar, D-Minn., and recently wasendorsed by the American MedicalAssociation. It’s set to get its first

committee hearing on Dec. 15, before theSenate Health, Education, Labor andPensions Committee. A similar bill wasintroduced in the House by Rep. DianaDeGette, D-Colo.This Wednesday, the Senate Finance

Committee is set to hold a hearing onreasons for drug shortages.The FDA held a hearing on Sept. 26 on

causes and potential steps to address theshortages, three days after the healthsubcommittee of the House Energy andCommerce Committee held a similarhearing.Also in the House, Rep. Elijah

Cummings, the ranking Democrat on theHouse Oversight and Government ReformCommittee, has been demandinginformation from secondary distributorsaccused of price gouging, asking wherethey are getting drugs in short supply, howmuch they are paying for them and whatthey are charging hospitals for the drugs.

That committee held a hearing on pricegouging on Nov. 30 and is trying to lineup one with manufacturers of drugs inshort supply.”————————————————————–Douglas McNabb – McNabb Associates,

P.C.’sFederal Criminal Defense Attorneys

Videos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing————————————————————–To find additional federal criminal news,

please read Federal Crimes Watch Daily.Douglas McNabb and other members of

the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is Douglas

McNabb. Please feel free to contact him

directly [email protected] or at oneof the offices listed above.

http://www.mcnabbassociates.com/

http://federalcrimesblog.com/2011/12/06/sen-schumer-introducing-bill-to-make-price-gouging-on-drugs-in-short-supply-a-federal-crime/


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2 Federal Criminal Defense Lawyers

Federal Judge Slams FBI, Prosecutors ForMisconduct in Bribery CaseMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


Forbes on December 6, 2011 released thefollowing:“Daniel Fisher, Forbes Staff A friend in Texas sent me this scorching

ruling by a federal judge in California,throwing out the Foreign CorruptPractices Act convictions of a couple of utility-equipment executives because of prosecutorial misconduct and downrightfalse testimony by an FBI agent.The 41-page ruling by U.S. District Judge

Howard Matz in Los Angeles, issued Dec.1, doesn’t spare criticism of anyone

involved — including the judge himself.Stuck in the crossfire of prosecution anddefense motions during the bitterlycontested five-week trial, Motz says, hemissed “the proverbial forest for thetrees.”“There were so many motions that it wasdifficult to step back and look intowhether what was going on reflected notisolated acts but a pattern of invidiousconduct.”The facts against manufacturing

executives Keith E. Lindsey and Steve K.Lee of Lindsey Manufacturing were ugly,

but then doing business in Mexico oftenis. According to the Justice Department,the men were frustrated about losing acontract to state-owned Mexican utilityComisión Federal de Electricida, so theyhired the middleman they suspected hadhelped a rival company win the business.That firm, dubbed Grupo in theindictment, was run by Enrique andAngela Aguilar.Over time Lindsey paid Grupo $5.9

million in “commissions” at an eyebrow-raising 30% rate. Money from Grupo’s

account was used to pay for a $297,000Ferrari, a luxury yacht, and $29,000 inprivate-school bills to the benefit of someCFE executives. A Lindsey bookkeepertestified she changed the accounting entryfor the commissions to 15% in whatprosecutors said was evidence Lee knewGrupo was a front.A jury convicted Lindsey, Lee and the

company on all counts on May 10, withAssistant Attorney General Lanny A.Breuer crowing “Lindsey Manufacturingis the first company to be tried andconvicted on FCPA violations, but it will

not be the last.”But then things turned ugly for the

prosecution. In Matz’s retelling this is acase of the government turning a sketchy,circumstantial case into a convincing one

by manipulating the evidence. Thoseprivate-school tuition payments above?The same prosecutor had earlier accused aTexas subsidiary of Europeanmanufacturing conglomerate ABB of paying them, a conflict the governmentshrugged off as inconsequential.Defense lawyers smelled a rat in the way

the government linked the ABB case totheirs. In the Texas case ABB paid $28.5million in fines for routing bribes itdubbed a “Third World Tax” throughanother Aguilar-linked entity called

Sorvill. The same prosecutor, NicolaMrazek, was in charge of both cases.The Feds indicted the Aguilars and

arrested Angela when she was across theborder in Texas. Then they indictedLindsey and its top executives in October2010, based partly on evidence obtainedin a search of Lindsey offices. The searchwarrant included an affidavit by FBI agentFarrell Binder stating that Lindsey hadpaid Sorvill, the front company in theABB case.Oops. The defense later proved that

statement was false, and after a long delay

got its hands on the string of 14 draftaffidavits showing the first 12 versionsdidn’t have that claim. Agent SusanGuernsey compounded the problem bytestifying twice to a grand jury about thenonexistent payments to Sorvill, as well assaying Lee executives took suspiciousactions in 2006 in response to an IRSaudit they didn’t learn about until later.She also testified that “pretty much all”the money in the second Aguilar-linkedcompany, Grupo, came from Lee when inan earlier affidavit she’d accurately

pegged the amount at 70% (leaving roomfor somebody else to provide the cashallegedly used to bribe Mexican officials).Defense lawyers pressed for the

documents to back up their suspicions butonly got them in April 15 of this year, 10days into the trial.Matz, in his decision throwing out the

case, was especially harsh with Guernsey,saying her testimony “does not necessarilyestablish that she knowingly committedperjury. Perhaps she was sloppy, or lazy,or ill-prepared.”“In the Court’s considered opinion, once

the prosecutors secured the FirstSuperseding Indictment and certainly by

the time they were gearing up to presenttheir case at trial, they concluded not onlythat Guernsey would be an exceedingly

poor witness – – as she turned out to be –– but also that its investigation wasterribly flawed.”Matz didn’t go as far as to say the

defendants were “entitled to a finding of factual innocence; they are not.” They areentitled to dismissal, he said, to relievethem from “further anguish and anxiety”— and teach the government a lesson.The Supreme Court has ruled that

prosecutors are not typical courtroomadvocates but representatives “of asovereign whose obligation to govern

impartially is as compelling as itsobligation to govern at all,” Matz said.“He may prosecute with earnestness andvigor – – indeed, he should do so. But,while he may strike hard blows, he is notat liberty to strike foul ones.”“In this Court’s experience, almost all of the prosecutors in the Office of the UnitedStates Attorney for this districtconsistently display admirableprofessionalism, integrity and fairness. Soit is with deep regret that this Court iscompelled to find that the Governmentteam allowed a key FBI agent to testify

untruthfully before the grand jury, insertedmaterial falsehoods into affidavitssubmitted to magistrate judges in supportof applications for search warrants andseizure warrants, improperly reviewed e-mail communications between oneDefendant and her lawyer, recklesslyfailed to comply with its discoveryobligations, posed questions to certainwitnesses in violation of the Court’srulings, engaged in questionable behaviorduring closing argument and even mademisrepresentations to the Court.”"

————————————————————–To find additional federal criminal news,



McNabb. Please feel free to contact himdirectly at

[email protected] or at oneof the offices listed above.

U.S. v. Bobby Threlkeld, Jr.( Antitrust Division: Upcoming Public Hearings )


Arraignment/bail hearing has beenscheduled for December 13, 2011 at 1:30

p.m. Central

Federal Criminal Antitrust

http://federalcrimesblog.com/2011/12/06/federal-judge-slams-fbi-prosecutors-for-misconduct-in-bribery-case/





http://www.scribd.com/doc/74445224/Judge-Matz-Ruling-Vacating-Lindsey-Convictions




http://www.justice.gov/atr/victim/vrhearings.html#threlkeld

http://www.justice.gov/atr/victim/vrhearings.html


http://www.justice.gov/atr/victim/vrhearings.html#threlkeld











3Federal Criminal Defense Lawyers

Blago lawyer: ‘We accept the fact that’s acrime’McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


( Paul Beaty / Associated Press ) – FormerIllinois Governor Rod Blagojevich tries totalk with the media as he is led away bywife Patti, as they leave their homeheading to federal court for his sentencinghearing in Chicago, Tuesday, Dec. 6,2011. Blagojevich was convicted earlierthis year on 18 corruption counts,including trying to auction off PresidentBarack Obama’s old U.S. Senate seat.Chicago Tribune on December 6, 2011

released the following:“Lawyers for Rod Blagojevich appear to

have changed tactics this afternoon,conceding the former governor committedcrimes but arguing that a 15-year prisonsentence would be far too severe for suchwrongdoing.U.S. District Judge James Zagel has

heard from three Blagojevich lawyers thisafternoon, including one who told the

judge to try to look past all of thetechnical arguments on sentencingguidelines and think about whatBlagojevich was convicted of.Sheldon Sorosky told the judge

Blagojevich committed four wrongs,

chiefly the attempted sale of the Senateseat held by Barack Obama until hiselection as president. Blagojevich made amistake by asking for a job in return forpossibly appointing Obama’s friend,Valerie Jarrett to the Senate, Sorosky said.“We accept the fact that’s a crime. It’sillegal. He should not have done it,”Sorosky said. “That crime does not callfor a 15-year jail sentence.”A second Blagojevich lawyer, Aaron

Goldstein, then argued that generaldeterrence should not factor into the

punishment given the former governor.“I would suggest your honor that it doeswork,” said Goldstein, rattling off a seriesof public corruption cases in whichpoliticians who pocketed tens of thousands of dollars received shorter

sentences than what the government isproposing for Blagojevich.Blagojevich doesn’t warrant punishment

anywhere near the 15 to 20 years in prisonthat the government is seeking, Goldsteinsaid. Even if Blagojevich gets a 5-year

prison term, no other politician is going tothink he got away with a free pass, hesaid.Prosecutors have cited Blagojevich’s

publicity campaigns as something thecourt might consider in handing down asentence. But Goldstein said Blagojevichsaid things he was entitled to say in themedia and some other things that maybehe shouldn’t have said, but in no way didBlagojevich intend to attack Zagel as a

judge or the court process.Goldstein also encouraged Zagel to

consider certain figures in theinvestigation who were never chargeddespite their wrongdoing, citing RaghuNayak and Rajinder Bedi, who allegedlyoffered $1.5 million in exchange forappointing U.S. Rep. Jesse Jackson Jr. tothe Senate seat.The government thinks of Blagojevich as

a shark, he said.“But he wasn’t swimming with guppies,”Goldstein told the court.Another lawyer for Blagojevich, Carolyn

Gurland, asked Zagel not to sentenceBlagojevich to a stiff term to send a

broader message to other politicians.Blagojevich should not be given moreyears because it seems that prosecutionsof public corruption cases have done littleto stop elected officers from crossing the

line, she said.Blagojevich should be considered alone

and not sentenced for the “historical

political corruption in Illinois or anywhereelse,” she said. “He is an individual whohas and will suffer his punishment as anindividual.”All of it should be weighed against what

will be suffered by “a man and hisfamily,” Gurland said.Zagel asked the lawyers exactly what

sentence they were recommendingbecause a specific request for probationwas not part of defense filings eventhough that’s what the former governor’slegal team had been calling for weeks.

Goldstein avoided asking for probation,telling the judge the defense seeks “thelowest sentence possible.””————————————————————–Douglas McNabb – McNabb Associates,


Videos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing Federal Mail Fraud Crimes

Federal Crimes – Appeal————————————————————–To find additional federal criminal news,



McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Alpha Natural Resources Inc. and Department ofJustice Reach $209 Million Agreement Related toUpper Big Branch Mine Explosion( USDOJ: Justice News )


“The tragedy at Upper Big Branch willnever be forgotten, and the familiesaffected by it will never be madecompletely whole again. Today’sagreement represents the largest-ever

resolution in a criminal investigation of amine disaster and will ensure appropriatesteps are taken to improve mine safetynow and will fund research to enhancemine safety in the future,” said AttorneyGeneral Holder.

Detroit-Area Clinic OwnerPleads Guilty in Connectionwith Medicare Fraud Scheme( USDOJ: Justice News )


Dora Binimelis, 53, of Miami, pleaded

guilty before U.S. District Judge Arthur J.Tarnow in the Eastern District of Michigan to one count of conspiracy tocommit health care fraud. At sentencing,Binimelis faces a maximum penalty of 10years in prison and a $250,000 fine.

Federal Criminal Justice

http://federalcrimesblog.com/2011/12/06/blagojevich-attorney-says-actions-of-ex-governor-were-crimes-but-dont-warrant-long-sentence/









http://mcnabbassociates.com/federal-crimes-video.html#Federal-Mail-Fraud-Crimes

http://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Appeal



http://www.justice.gov/opa/pr/2011/December/11-ag-1577.html



http://www.justice.gov/opa/justicenews.php

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John Edwards’ lawyers defend calling campaignfinance expertsMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


Johnny Reid EdwardsPolitico on December 6, 2011 released

the following:Posted by Josh Gerstein

“Lawyers for former Sen. John Edwards(D-N.C.) are defending their plan to calltwo former Federal Election Commissionmembers as witnesses at Edwards’supcoming trial for conspiring to violatecampaign finance laws in connection withmore than $900,000 in payments two of his backers made to his mistress, RielleHunter.

Prosecutors have asked U.S. DistrictCourt Judge Catherine Eagles to barformer commissioners Scott Thomas andRobert Lenhard from testifying as defenseexperts on campaign finance law. Theyhave said they would have advisedEdwards that the payments at issue in thecase would not be considered politicaldonations under federal law. However, thegovernment has argued that determiningthe law is the province of the trial judgeand that the facts are to be found by the

jury.However, defense lawyers Abby Lowell

and Jim Cooney contend in a new courtfiling Monday (posted here) thatpresenting such experts is not onlyappropriate in cases involving highlytechnical legal fields, but that denyingEdwards the right to do so would violatehis fair trial rights.

The new filing suggests strongly but doesnot say outright that Edwards will testifyin his own defense at trial, if the case getsthat far.Lowell and Cooney write:Mr. Edwards agrees with the government

that an expert cannot assume the role of amind reader and testify as to what adefendant actually was thinking at thetime of the alleged offense, and an expertcannot assume the role of the judge andinstruct the jury on what the law requires.But Mr. Edwards does not intend for theFormer FEC Commissioners to assumeeither role. Rather, Mr. Edwards intendsto use the Former FEC Commissionerstestimony to buttress his claim of a goodfaith, innocent intent through experttestimony that establishes that Mr.

Edwards’ belief that his conduct did notviolate the election laws was reasonable.That is something the law plainly permits,

and numerous courts have found itreversible error to preclude a defendantfrom doing so.Jury selection for Edwards’s trial is set to

get underway Jan. 30 in Greensboro, NC.”————————————————————–Douglas McNabb – McNabb Associates,


Videos: Federal Crimes – Be Careful Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing Federal Mail Fraud Crimes Federal Crimes – Appeal————————————————————–To find additional federal criminal news,


the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN Sanctions

Removal.The author of this blog is Douglas


Seven Charged in in Floridain $120 Million NationalTax Fraud Scheme( USDOJ: Justice News )


Penny Jones, a resident of Rigby, Idaho;Christopher Marrero of Davie, Fla.;Michael D. Beiter, Jr., formerly a residentof Coral Springs, Fla.; David Clum Jr. of Whites Creek, Tenn.; Dale Peters, aresident of San Mateo, Calif., Laura Barel,a resident of Lauderhill, Fla.; and JohnMichael Smith, Jr. of Hidden Hills, Calif.,have been charged with participating inthe scheme to file false tax returns.

St. Louis-Based KVPharmaceutical to Pay $17Million to Settle False ClaimsAllegations( USDOJ: Justice News )


KV Pharmaceutical Company, which wasthe St. Louis-based parent company of now-defunct Ethex Corporation, will pay$17 million to resolve False Claims Actallegations that Ethex failed to advise theCenters for Medicare and MedicaidServices (CMS) that two unapprovedproducts did not qualify for coverageunder federal health care programs, theJustice Department announced today.

Doctor and Two Nurses Sentenced to Prison for Roles in $25 Million Miami

Health Care Fraud Scheme( USDOJ: Justice News )


Jose Nunez, 63, Luisa Morciego, 40, andEneida Fry, 46, were sentenced yesterday

in Miami federal court for theirparticipation in a $25 million home healthMedicare fraud scheme, announced theDepartment of Justice, the FBI and the

Department of Health and HumanServices (HHS).

Justice Department Files LawsuitAlleging Immigration-RelatedEmployment Discrimination byUniversity of California, SanDiego Medical Center( USDOJ: Justice News )


The Department of Justice today filed alawsuit against the University of California, San Diego Medical Center,alleging that the medical centerdiscriminated in the employmenteligibility verification process againstpeople who are authorized to work in theUnited States.

Federal Criminal Justice

http://federalcrimesblog.com/2011/12/06/john-edwards-lawyers-defend-calling-campaign-finance-experts/













http://www.justice.gov/opa/pr/2011/December/11-atj-1583.html




http://www.justice.gov/opa/pr/2011/December/11-civ-1579.html








http://www.justice.gov/opa/pr/2011/December/11-crt-1578.html







































Key factors judge must consider in calculatingBlagojevich’s sentenceMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

Submitted at 10:51 AM December 6, 2011

U.S. District Judge James ZagelChicago Tribune on December 5, 2011released the following:“The Associated PressCHICAGO (AP) — In a hearing thatstarts Tuesday, U.S. District Judge JamesZagel must answer several key, sometimesnuanced questions as he calculates afitting sentence for ousted Illinois Gov.Rod Blagojevich on 18 counts of corruption. Most legal experts sayBlagojevich is likely to get about 10 years,but Zagel has enormous discretion to give

him much more or much less.Among the questions:— Has Blagojevich acceptedresponsibility or expressed remorse? Todate, he has not. He could in a statementat sentencing, but signs are he may keepasserting his innocence by claiming aidesled him astray — declarations judgesfrown upon at the sentencing stage.— What harm did Blagojevich’s crimescause? The defense says Blagojevichdidn’t make a single cent off his schemes,some of which were attempts to extortmoney that failed. But Zagel could

conclude his actions badly underminedpublic confidence in government.— Did Blagojevich lie when he testifiedat his retrial? Federal judges can boost asentence by years if a defendant testifiedand was subsequently convicted. In lightof the jury’s guilty verdicts, prosecutors

have urged Zagel to view Blagojevich’stestimony as perjury.— Did he lead the conspiracies? The topdog in conspiracies gets more time andprosecutors say Blagojevich was just that.Zagel must decide if he buys the defenseargument that just because Blagojevichwas a boss didn’t mean he took the leadrole in the schemes.— Other crimes? It may come as a

surprise to some that federal judges canconsider actions not directly related tocrimes for which a felon was convicted.Prosecutors want Zagel to factor in thatBlagojevich started hatching schemesfrom the day he took office.— Has he otherwise been beneficial to

society? Judges can temper a sentence byconsidering good deeds. The defense citesBlagojevich’s legislative

accomplishments, including makinghealth insurance widely available toIllinois children.— Does the crime involve an electedofficial? Those, like Blagojevich, whocommit crimes in their official capacity,are deemed to have violated the publictrust. Judges consider that a majoraggravating factor.”————————————————————–Douglas McNabb – McNabb Associates,P.C.’s

Federal Criminal Defense AttorneysVideos: Federal Crimes – Appeal————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.

The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Ivory Smuggler PleadsGuilty in New York( USDOJ: Justice News )


Lin Feng Xu, 31, an antique dealer inChina, has pleaded guilty to smugglingand to violating the Endangered SpeciesAct in connection with the illegal exportof African elephant ivory in his carry-onluggage.

New Zealand Fishing CompanyIndicted for EnviromentalCrimes and Obstruction ofJustice( USDOJ: Justice News )


A federal grand jury in Washington,D.C., has returned a seven-countindictment charging Sanford Ltd. withviolating the Act to Prevent Pollutionfrom Ships, conspiracy and obstruction of justice.

Owners of Houston HealthCare Company Sentenced toPrison for Medicare Fraud( USDOJ: Justice News )


U.S. District Judge David Hittner in theSouthern District of Texas sentencedKemmie Houston to 63 months in prisonand Sharon Beal to 51 months in prison.

Thirteen Alleged Latin KingsMembers in North CarolinaIndicted on Federal RacketeeringCharges( USDOJ: Justice News )


“The indictment unsealed today alleges apattern of violent criminal activity byLatin Kings members in North Carolina,”said Assistant Attorney General Breuer.

U.S. v. Brian McKinzie( Antitrust Division: Criminal Case Filings )


Document filed on November 23, 2011• Plea Agreement

U.S. v. Brian McKinzie( Antitrust Division: Upcoming Public Hearings )


Status hearing has been scheduled forMay 23, 2012 at 2:30 p.m. Pacific

The RCFL Program Opens New Laboratory in NewMexicofbi ( Current )


— Washington, D.C.

Federal Criminal Justice Antitrust FBI

http://federalcrimesblog.com/2011/12/06/key-factors-judge-must-consider-in-calculating-blagojevichs-sentence/








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http://www.justice.gov/atr/cases/f277900/277925.pdf

http://www.justice.gov/atr/victim/vrhearings.html#mckinzie


http://www.fbi.gov/news/pressrel/press-releases/the-rcfl-program-opens-new-laboratory-in-new-mexico


http://www.fbi.gov/news/pressrel/current

http://www.fbi.gov/news/pressrel/current




http://www.justice.gov/atr/victim/vrhearings.html#mckinzie

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Kenneth L. Miller Arrested for Allegedly Aidingin International Parental KidnappingMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


The Federal Bureau of Investigation(FBI) on December 6, 2011 released thefollowing:“The Office of the United States Attorneyfor the District of Vermont stated thatKenneth L. Miller, 46, of Stuarts Draft,Virginia, surrendered today to facecharges stemming from his role in theinternational parental kidnapping by LisaMiller of a child who has been the subjectof a dispute of parental rights in Rutland,Vermont family court since 2004.According to the complaint unsealed

today, Kenneth L. Miller contactedassociates in Nicaragua and Canada torequest their support for Lisa Miller as shefled the United States with the daughtershe shared with her civil union partner in2009. The complaint alleges that atKenneth Miller’s direction, the individualspurchased plane tickets for Lisa Millerand her child to fly from Canada toNicaragua, and transported Miller and herchild from a hotel in Canada to the airportfor her flights. The complaint further

indicates that Kenneth Miller maintainedcontact with two cellular telephones thatappeared to travel from Virginia to

Canada in advance of Lisa Miller’sdeparture from Canada. A grand jury haspreviously returned an indictmentcharging Lisa Miller with internationalparental kidnapping.The United States Attorney emphasizesthat the charges contained in thecomplaint are merely accusations and thatthe defendant is presumed innocent unlessand until he is proven guilty. If he isconvicted, Kenneth Miller faces amaximum possible sentence of up to threeyears in prison; however, the actual

sentence in the event of a conviction willbe determined in accordance with thefederal sentencing guidelines and thesentencing factors of 18 U.S.C. § 3553(a).Mr. Miller is represented by Dennis Boyleof Boyle, Autry, and Murphy, Camp Hill,Pennsylvania, and local counsel BrooksG. McArthur of Jarvis, McArthur andWilliams.The United States Attorney commendedthe U.S. Marshals Service and the FederalBureau of Investigation for their hard

work on this matter.”————————————————————–

Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of

the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

List of Blagojevich convictions, maximumsentencesMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


Chicago Tribune on December 5, 2011released the following:“The Associated PressCHICAGO (AP) — A judge willsentence former Illinois Gov. RodBlagojevich on 18 counts of corruptionthis week. Jurors at his first trial last yeardeadlocked on all but one of 24 counts,convicting him only of lying to the FBI.At his retrial this year, jurors convictedhim on 17 of 20 counts. Combined, thecharges formally carry a maximum 305-year sentence, though he’s likely to getcloser to 10 years.The convictions and maximum sentencesfrom the retrial are:TEN COUNTS OF WIRE FRAUD,nearly all of which are related to theallegation Blagojevich tried to sell or tradePresident Barack Obama’s old Senate

seat. Each count carries a maximum 20-year prison sentence.ONE COUNT OF ATTEMPTEDEXTORTION related to an attempt to

shake down the CEO of Children’sMemorial Hospital for a campaigncontribution. Maximum penalty of 20years.ONE COUNT OF SOLICITING ABRIBE in the shakedown of the children’shospital executive. Maximum penalty of 10 years.ONE COUNT OF EXTORTIONCONSPIRACY for conspiring with anaide to shake down a racetrack executive.Maximum penalty of 20 years.ONE COUNT OF BRIBERYCONSPIRACY, related to shakedown of the racetrack executive. Maximum five-year sentence.ONE COUNT OF EXTORTIONCONSPIRACY, related to the Senate seat.Maximum penalty of 20 years.ONE COUNT OF ATTEMPTEDEXTORTION, related to the Senate seat.Maximum penalty of 20 years.ONE COUNT OF BRIBERY

CONSPIRACY, related to the Senate seat.Maximum of 5 years.And from the first trial:ONE COUNT OF FALSE

STATEMENTS, for lying to federalinvestigators about his fundraising.Maximum of 5 years.”————————————————————–Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense AttorneysVideos: Federal Crimes – Appeal————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact him

directly [email protected] or at oneof the offices listed above.

Federal Criminal

http://federalcrimesblog.com/2011/12/06/kenneth-l-miller-arrested-for-aiding-international-parental-kidnapping/











http://federalcrimesblog.com/2011/12/06/list-of-blagojevich-convictions-maximum-sentences/




























Orange High School Threats: FBI ExecutesSearch WarrantMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


Photo By Fox8.comFox8.com on December 6, 2011 releasedthe following:“By Ted AchladisFOX8.com ReporterORANGE VILLAGE, Ohio— TheFederal Bureau of Investigation ClevelandDivision confirms to Fox 8 News that itexecuted a search warrant related to therecent rash of emailed bomb threatsdirected at Orange High School.FBI special agent Scott Wilson says thatthe search started at approximately 7 a.m.

Tuesday. The warrant, according toWilson, was executed at a home on WestOrange Hill Circle, just north of MilesRoad.Orange Schools CommunicationCoordinator Lou DeVincentis says thatthe FBI informed the district in advance,but did not provide specific detailsregarding the search warrant.Starting on Nov. 6, threatening emailswere sent to school and media officials

that forced Orange High to shut down forthree days. After that, classes resumedunder tighter security, but the emails keptcoming, many threatening to harmstudents and staff with biological agents.The last documented threat was sent onNov. 21.Wilson had previously said that eachemail was analyzed by the FBI office inQuantico, Va. He believed someone washolding back information that could helpidentify the person(s) responsible for thethreats.The investigation is ongoing. Anyonewith any information is still encouraged tocontact the Pepper Pike PoliceDepartment or the FBI.”—————————————————

———–Douglas McNabb – McNabb Associates,P.C.’s

Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment Federal Crimes – Detention Hearing Federal Mail Fraud Crimes————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of the U.S. law firm practice and write and/

or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

Raj Rajaratnam Checked into Devens FederalMedical Center (FMC Devens)McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


Photo By Elise AmendolaDevens Federal Medical CenterBusiness Insider on December 6, 2011released the following:“Raj Rajaratnam’s New Neighbors InPrison Are A Bunch Of High-Level SexOffendersBy: Julia La RocheDisgraced Galleon chief Raj Rajaratnamvacated his luxury Sutton Place apartmentin Manhattan yesterday and checked intofederal prison that houses high-level sexoffenders.Rajaratnam’s new abode at the DevensFederal Medical Center houses nearly1,000 inmates. A significant portion of those inmates are sex offenders whorequire intensive, therapeutic treatment,while others suffer from severe substanceabuse, according to Bureau of Prison’swebsite[].

The hedge fund manager, who wasconvicted of orchestrating the largestinsider trading scheme in history, will at

least begin his 11 year prison sentence at

Devens.That’s because Rajaratnam, a diabeticwho requires dialysis, will need a facilityto suit his health needs. Devens has itsown dialysis treatment center on site.According to Ed Bales, a managingdirector for Federal Prison Consultants,Rajaratnam probably won’t have to do anymanual labor right away because of hishealth and he may never have to work during his sentence.“He’s going to be reviewed because of hismedical conditions,” Bale told Business

Insider. “They won’t put him to work right away. He’s going to be sittingaround loafing.”

For entertainment at Devens, there arerecreational rooms, but no individualtelevisions in the cells, Bale said. Thereare gym facilities the inmates can use, butthey are limited with equipment choicesbecause they aren’t suppose to bulk up, headded.“It’s a very mundane lifestyle — not toomuch excitement.”"————————————————————–To find additional federal criminal news,please read Federal Crimes Watch Daily.Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is DouglasMcNabb. Please feel free to contact himdirectly [email protected] or at one

of the offices listed above.

Federal Criminal

http://federalcrimesblog.com/2011/12/06/orange-high-school-threats-fbi-executes-search-warrant/












http://federalcrimesblog.com/2011/12/06/raj-rajaratnam-checked-into-devens-federal-medical-center-fmc-devens/



























DB Cooper Case Solved? Witness Marla CooperSays FBI May Soon Close InvestigationMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers )


DB CooperHuffington Post on December 6, 2011

released the following:“Forty years after a man in a suitcommandeered a 727 jet and parachutedinto the night carrying $200,000, federalinvestigators may be close to cracking theonly unsolved airplane hijacking in U.S.history.The FBI could soon solve the mystery of

DB Cooper, the man sought by authoritiessince the 1971 hijacking of a NorthwestOrient Airlines flight from Portland to

Seattle, according to a witness who hasbeen described by the agency as credible,NWCN reports.Investigators are currently attempting to

link fingerprints left behind on theairplane with fingerprints obtained fromthe toothbrush of a man known as LDCooper, the uncle of a tipster whocontacted authorities with suspicionsabout her relative earlier this year.Marla Cooper says her uncle was injured

when he arrived at her family’s home inSisters, Ore. the day after the hijacking,

but he blamed his wounds on a car crash.“I knew he did it, it wasn’t speculation, Iwas there when he pulled into thedriveway,” Marla Cooper told the newsstation.LD Cooper died in 1999.The hijacker bought his ticket under the

alias “Dan Cooper,” but news reportsmisidentified his name as DB Cooper.The FBI won’t comment on the specifics

of the investigation, but Marla Coopersays a lead investigator informed her thatthe case was winding down.

“Regardless of the findings of thefingerprints, he told me the case wasclosing because they were certain myuncle did it,” she said, according to toldthe news station.The agency recently confirmed that it has

started conducting forensic tests onevidence including partial fingerprints thatcould be linked to the hijacking.”————————————————————–To find additional federal criminal news,

please read Federal Crimes Watch Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition and OFAC SDN SanctionsRemoval.The author of this blog is Douglas


Federal Criminal

http://federalcrimesblog.com/2011/12/06/db-cooper-case-solved-witness-marla-cooper-says-fbi-may-soon-close-investigation/













december 6, 2011 - the federal crimes watch daily

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