federal criminal defense lawyers tuesday, may 29,...
TRANSCRIPT
Federal Criminal Defense Lawyers www.McNabbAssociates.comTuesday, May 29, 2012
Prosecutors Poised to Rest in Roger Clemens’Federal Criminal TrialMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 12:07 PM May 29, 2012
MLB.com on May 29, 2012 released thefollowing: By John Schlegel / MLB.com“Prosecutors poised to rest case vs.Clemens WASHINGTON — As the seventh weekof the Roger Clemens federal perjury trialbegins, the prosecution is poised to rest itscase against the former star pitcher. With likely two witnesses remainingbefore the government’s case gives way tothe defense’s case, which lead attorneyRusty Hardin has said will take seven oreight court days to present, theprosecution has called 21 witnesses over19 days of complicated, detailed andsometimes tedious testimony to attempt toprove to jurors beyond a reasonable doubtthat Clemens lied to Congress in 2008. The defense will continue to endeavor toraise that doubt with its case, which willinclude repeat appearances from federalagents Jeff Novitzky and John Longmire,who each spent several hours on the standas witnesses for the prosecution. Before Hardin and fellow defenseattorney Michael Attanasio, who provedto be a potent force in cross-examinationof witnesses from Andy Pettitte toscientific experts, take their turn inpresenting Clemens’ case, the prosecutionwill wrap up its presentation with what ithopes is an effective finale Tuesday. Clemens is charged with three counts ofmaking false statements, two counts ofperjury and one count of obstruction ofCongress based on his testimony during aFeb. 13, 2008, hearing before the HouseCommittee on Oversight and GovernmentReform and a Feb. 5, 2008, depositionconducted by committee staff members.Clemens said at the hearing, “Let me beclear: I have never used steroids or HGH.” Brian McNamee, who served as astrength and conditioning trainer toClemens in one capacity or another fornearly a decade, said in his owndeposition and at that same hearing andagain in a week-long stay on the witnessstand in the trial that he had injectedClemens with performance-enhancing
drugs on numerous occasions, keepingitems he says proves it in a beer can and amailing box for nearly seven years. Forensic scientist Alan Keel revealedFriday that Clemens’ DNA was found ona needle and two cotton balls that werepart of the physical evidence McNameekept in his house for several years beforeturning it over to the government. Keelalso withstood rigorous cross-examinationfrom Attanasio and numerous skepticalquestions from jurors. When court reconvenes Tuesday, thegovernment intends to call Wall Streetinvestment manager Anthony Corso andFBI forensic scientist Eric Pokorak.Prosecutors indicated at one point theymight call one other as yet unnamedwitness as well. Corso is expected to testify about howMcNamee told him in 2002 that Clemenshad used HGH to help with recovery andtold him in 2005 that he had saved needlesfrom Clemens, combining with thetestimony from former Major LeaguerDavid Segui to further rebut defenseattacks that McNamee made up his storyto appease federal investigators in 2007. Pokorak likely will tie up the loose endson the forensics introduced so far.Testimony has yet to provide the linkbetween the items Keel testified hadClemens’ DNA to the steroids that otherscientific experts testified were found onthe items. The government filed a pair of motionson Memorial Day. One moves to rebut thedefense’s attacks on Keel and inform thejury that the defense also could havetested the evidence. The other motion attempts to head offsome of the character witnesses thedefense intends to call, asking the court to“preclude or limit additional evidence ofthe defendant’s athletic work ethic andany opinion testimony by former coaches,trainers or teammates regarding thedefendant not showing any signs ofsteroid or HGH use.” The government argued that suchtestimony should open the door totestimony from other baseball players who“also adhered to strong athletic workethics but nonetheless used steroids or
HGH to perform better than theircompetitors.” The pace of the trial was a significantissue earlier in the trial, which wasprojected to last 4-6 weeks — so much sothat Judge Reggie Walton imposed timelimits on the attorneys of 90 minutes fordirect and cross. But Walton allowed bothsides some leeway on that with Keel,given the importance of the evidence hediscussed. Juror questions of Keel tookabout an hour as well. Two jurors were excused for fallingasleep on the job, and now a third jurormay not be able to return. Juror No. 16, aMetro transit police officer, found out asFriday’s proceedings were coming to aclose that her mother had passed away.Walton indicated it’s unlikely she’ll returnto duty, which would leave the jury panelwith 12 jurors and just one alternateremaining.”————————————————————– Douglas McNabb – McNabb Associates,P.C.’s Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————– To find additional federal criminal news,please read Federal Criminal DefenseDaily. Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
2 Federal Criminal Defense Lawyers
Prominent defense lawyer faces US chargesMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 11:58 AM May 29, 2012
The Boston Globe on May 29, 2012released the following:“Robert A. George goes on trial today oncharges of conspiring to launder money By Milton J. Valencia In a recent trial in federal court in Boston,well-known lawyer Robert A. Georgestood before a jury for his closingarguments, and spoke directly.“When you’re innocent, you have a rightto stand up and say something,’’ hedeclared in defense of his client, aDorchester nurse and a mother of fivecharged with distributing prescriptiondrugs. But George might well have beenspeaking for himself – because he, too, isabout to stand trial. The 57-year-old father of three is accusedby federal prosecutors of conspiring tohelp a former client launder drug money,and of restructuring bank deposits inviolation of tax laws. Jury selection isslated for Tuesday. The case is a fight forhis career and his livelihood. The arrest of George in March 2011caused a stir in the legal community, anddefense lawyers descended on theMoakley courthouse to show theirsupport. In the year since FBI agents firstswarmed his home, George, known for histesty exchanges with prosecutors, hasrepresented clients just as aggressively ashe did years ago when he defended Mafiafigures and, later, the trash collector whomaintains he was wrongly convicted ofmurdering Cape Cod fashion writerChrista Worthington. George has also fought for a new trial fora former Stoughton police chief afterfinding information about one of thejurors that could have excluded her fromserving on the panel in that extortion case.That request is pending in state court. He has been working on his own casewith two of the state’s better knowndefense lawyers, Robert M. Goldstein andKevin R. Reddington. With them, he hasfiled repeated motions. George has accused prosecutors ofretaliating against him, being vindictivebecause of his defense of a man accusedof plotting to kill a federal prosecutorseveral years ago. He has questioned thepropriety of the government’s use of aconfidential informant in his case, a manwith a lengthy criminal history. George and his lawyers are evenattempting to include US Attorney
Carmen M. Ortiz on his witness list.“He has been laser focused on his clients’cases, as well as his own,’’ said ThomasShamshak, a former police chief inSpencer and Winthrop and a Somervillelieutenant who founded his own privateinvestigative firm. He has worked withGeorge on several cases, including thisone. “He is a ferocious advocate unlikeanyone I have ever worked for.’’ Martin Weinberg, a lawyer who hasrepresented high-profile clients in federalcourt and who won the acquittal of alawyer in a racketeering case several yearsago in Florida, said the case alsodemonstrates the quintessential challengefor any lawyer: representing anothercriminal defense lawyer and thesymbolism that comes with it.“There’s always that added context, thatyou’re representing the lifestyle,’’ saidWeinberg. “You’re representingeverything he is.’’ Lawyers in Massachusetts can lose theirlaw license if they are convicted of afelony, but nothing prevents them fromcarrying out their practice until their casehas concluded. Court rules require only that a lawyernotify his or her clients of the pendingcharges. A lawyer would have to notifythe state Office of Bar Counsel ifconvicted. George, who has lived on Cape Cod andthe suburbs west of Boston, faces up to 20years in prison on charges of trying tohelp a former client launder his drug-dealing profits for a fee, by referring himto a mortgage broker who would help him. The former client, Ronald Dardinski, wascooperating with authorities, and Georgealleges he was targeted by authoritiesbecause he represented a man who in2007 plotted to kill prosecutor JackPirozzolo. Prosecutors rejected that allegation, andUS District Court Judge Nathaniel Gortonrefused to dismiss the case or to hold anevidentiary hearing, saying there was noevidence of retaliation. Prosecutors saythey have audio recordings of Georgesetting up the money-laundering scheme. Rosemary Scapicchio, a friend ofGeorge’s, represented him at his initialhearing, before he could hire Reddington,and she lashed out at prosecutors for“investigating a criminal defense attorneywho is out there protecting people’srights. This is outrageous.’’ It is not the first time a defense lawyerhas been a defendant in federal court inBoston. Last January, for instance, Gortonadmonished attorney Lawrence M.
Perlmutter before sentencing him to 5 1/2years for laundering drug profits for hisclients.“You have disgraced not only yourself,but the rest of us who hold our professionin the highest esteem, and for what?’’Gorton hissed. He is the same judge inGeorge’s case. George and his lawyers would notcomment for this article. One of George’s last appearances in afederal courtroom was May 9, for thesentencing of Gladys Ihenacho, theDorchester nurse and wife of apharmacist. Her husband, Baldwin, whohad a different lawyer, was sentenced to63 months in prison. Gladys was acquitted of 23 of the 30charges she faced. Prosecutors had asked that she serve 27months in prison, saying she showedgreed. But George had asked that sheserve no prison time because she had afamily to care for, and argued that thecharges did not reflect her work as amother. She was sentenced to probation, with 10days of home detention, and went homethat day.”————————————————————– Douglas McNabb – McNabb Associates,P.C.’s Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————– To find additional federal criminal news,please read Federal Criminal DefenseDaily. Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
Federal Criminal
3Federal Criminal Defense Lawyers
Edwards jury shows no signs of nearing verdictMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 2:15 PM May 29, 2012
The Washington Post on May 29, 2012released the following:“By Manuel Roig-Franzia, GREENSBORO, N.C. — Those color-coordinated alternate jurors in the JohnEdwards corruption case are at it again. The four alternates — three women andone man — each wore gray or black topsTuesday. Last week, they were even morein sync, each wearing red tops Friday andyellow Thursday. The curious behavior of the alternateslends a bit of a sideshow atmosphere todeliberations now deep into their seventhday and showing every sign of continuing.One of the alternates, a 20-somethingwoman, has frequently smiled at Edwards,sometimes flipping her hair or eyeing himin a manner that some have interpreted asflirtatious. But on Tuesday, the woman —dubbed “the Lady in Red” over theweekend by some commentators — wasmuch more reserved. There have been hints of tensions in thejury room, and Tuesday, Judge CatherineEagles lamented to jurors and alternates inopen court that many things can happenduring long deliberations and “somearen’t good.” Eagles warned the jurorsabout making sure that their deliberationscannot be overheard in the courtroom.
During the week of deliberations, at leastone juror has gestured across the room atalternates in the courtroom during breaks.The jury and the alternates have had anunusual level of interaction during thedeliberations. Some judges don’t allowalternates to mingle with jurors, butEagles has grouped them together in thesame room for lunch.“That’s very unusual,” said KieranShanahan, a defense attorney. Federalprosecutors agreed. Eagles seemed to be urging both jurorsand alternates to relax Tuesday, saying,“Give yourself a mental break overlunch.” The case is in its sixth week. Edwards isaccused of six counts of campaign financeviolations and conspiracy for allegedlyfailing to report to the Federal ElectionCommission almost $1 million inpayments from wealthy donors during andafter his 2008 presidential campaign thatwas used to cover up his extramaritalaffair with Rielle Hunter and the child shebore him. The jury has been given hundreds ofexhibits for a second look, and the judgeseemed to be digging in Thursday formuch more deliberating. Before they wentoff to lunch, Eagles told jurors andalternates that she would considerscheduling conflicts raised by jurors notonly this week but also next week.
“It appears,” she said, “to be high schoolgraduation season.””————————————————————– Douglas McNabb – McNabb Associates,P.C.’s Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————– To find additional federal criminal news,please read Federal Criminal DefenseDaily. Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
John Edwards Jury Resumes Deliberation for7th DayMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 12:12 PM May 29, 2012
ABC News on May 29, 2012 released thefollowing: Associated Press“The jury in the John Edwards campaigncorruption trial is deliberating for aseventh day after a judge gave the panel astern warning not to talk about the caseover the weekend. The jurors reconvened Tuesday morning.The judge met in a closed courtroomFriday with attorneys to talk about aproblem with a juror, but she did notelaborate. The judge again met with the attorneysbehind closed doors Tuesday, but theirdiscussions were not made public. Some of the alternate jurors wore
matching shirts last week, and one of themwas said to be flirting with Edwards. Edwards faces six charges involvingnearly $1 million provided by two wealthydonors to help hide his pregnant mistressas he sought the White House.”————————————————————– Douglas McNabb – McNabb Associates,P.C.’s Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————– To find additional federal criminal news,please read Federal Criminal DefenseDaily.
Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
The Case of the Misbranded Drugfbi (White-Collar Crime)
Submitted at 8:30 AM May 29, 2012
Pharmaceutical company penalized formisleading statements about pain killer.
Federal Criminal FBI
4 Federal Criminal Defense Lawyers
Witness in Clemens trial says was told Clemensused drugMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 2:44 PM May 29, 2012
Fox News on May 29, 2012 released thefollowing: Reuters“Ex-trainer Brian McNamee, who says heinjected performance-enhancing drugsinto former pitching ace Roger Clemens,told a client that Clemens had used humangrowth hormone to recover more quicklyfrom injuries and strains, the clienttestified on Tuesday. Prosecution witness Anthony Corso’stestimony bolsters that of McNamee, aformer strength and conditioning coach,whose allegations that he injectedClemens with steroids and human growthhormone have been the core of thegovernment’s case. Federal prosecutors claim the retiredpitching star lied to a congressional panelwhen he denied using performance-enhancing drugs.“Mr McNamee had mentioned that Mr.Clemens was one of the athletes that hewas getting positive results from himbeing able to push himself to limits …using the medication to recover,” Corso,49, testified. Clemens’ lawyers sought to cast doubt onCorso’s testimony when the witnessrevealed he could not recall whetherMcNamee had mentioned Clemens during
a conversation about saving syringes fromplayers using the drugs. Corso testified that McNamee had toldhim in or around 2005 that the trainer hadsaved syringes from players to avoidgetting “thrown under the bus” should thedrug usage be discovered but saidMcNamee had not named Clemens as oneof those players. According to prosecutors, Corso had tolda grand jury in 2010 that McNameeclaimed the syringes had been “used onRoger.”“The two answers are different. So wouldit be a fair testimony … that you made amistake?” Clemens’ lawyer Rusty Hardinasked.“Yes,” Corso said. Clemens’ attorneys have worked to paintMcNamee as a liar who obtainedimmunity in exchange for his testimony. McNamee has said that he saved medicalwaste from a 2001 injection of anabolicsteroids into Clemens and turned theevidence in to authorities in 2008. Clemens, 49, a seven-time Cy YoungAward winner as best pitcher, is beingtried for a second time on federal chargesof lying in 2008 to the U.S. House ofRepresentatives’ Committee on Oversightand Government Reform, which wasinvestigating drug use in Major LeagueBaseball. His first trial ended last year in amistrial.”
————————————————————– Douglas McNabb – McNabb Associates,P.C.’s Federal Criminal Defense AttorneysVideos: Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————– To find additional federal criminal news,please read Federal Criminal DefenseDaily. Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.
Owner of Hawaii CarDealerships and Chief FinancialOfficer Plead Guilty to TaxCrimes(USDOJ: Justice News)
Submitted at 2:06 PM May 29, 2012
Charles Alan Pflueger, owner of PfluegerInc., Randall Kurata, the company’s chieffinancial officer, and Julie Kam,Pflueger’s executive assistant, pleadedguilty to filing false federal income taxreturns before U.S. District Court JudgeLeslie E. Kobayashi in Honolulu, theJustice Department and the InternalRevenue Service (IRS) announced today.
Mid-America Pipeline Companyand Enterprise ProductsOperating to Pay $1 Million forSpills in Iowa, Kansas andNebraska(USDOJ: Justice News)
Submitted at 12:01 PM May 29, 2012
Mid-America Pipeline Company LLC(MAPCO), and Enterprise ProductsOperating LLC, of Houston, have agreedto pay a civil penalty of more than $1million to the United States to settleviolations of the federal Clean Water Actrelated to three natural gasoline pipelinespills in Iowa, Kansas and Nebraska.
Justice Department Announces Agreement to ProtectRights of Military and Overseas Voters in California(USDOJ: Justice News)
Submitted at 1:31 PM May 29, 2012
The Justice Department announced todaythat it has reached an agreement withCalifornia state officials to help ensure
that military servicemembers, their familymembers and U.S. citizens living overseashave the opportunity to participate fully inCalifornia’s June 5, 2012, federal primaryelection.
Bo Zhang Pleads Guilty in U.S.District Court in Manhattan toStealing Software Code Fromthe Federal Reserve Bank ofNew YorkMcNabb Associates, P.C. (Federal Criminal DefenseLawyers)
Submitted at 2:09 PM May 29, 2012
Reuters on May 29, 2012 released thefollowing:“Chinese man pleads guilty to NY Fedcyber theft By Basil Katz May 29 (Reuters) – A Chinese computerprogrammer on Tuesday pleaded guilty tostealing software code from the FederalReserve Bank of New York. Bo Zhang, 33, was accused of illegallycopying the software code to an externalhard drive, according to a criminalcomplaint filed in U.S. District Court inManhattan. The charge was made publicon Jan. 18. Authorities said the software, owned bythe U.S. Treasury Department, cost about
Federal Criminal Justice
ZHANG page 5
5Federal Criminal Defense Lawyers
ZHANGcontinued from page 4
$9.5 million to develop.“I knowingly stole and converted to myuse an item owned by the United Statesgovernment valued at more than $1,000,”Zhang told U.S. Magistrate Judge MichaelDolinger on Tuesday.“Specifically, while working at theFederal Reserve Bank of New York, Iappropriated proprietary software ownedby the United States Department ofTreasury for my own personal use,” saidZhang, who is a U.S. permanent resident. Zhang on Tuesday also pleaded guilty toone charge of immigration fraud. He iscurrently free on $200,000 bail and is dueto be sentenced on Oct. 1. The code, called the Government-wideAccounting and Reporting Program, wasdeveloped to help track the billions ofdollars the U.S. government transfersdaily. The program provides federalagencies with a statement of their accountbalance, the court documents said. Zhang was hired as a contract employeein May 2011 by an unnamed technology
consulting company used by the NewYork Fed to work on its computers, courtdocuments said. According to an April cooperationagreement with Zhang, Manhattan federalprosecutors recommended he be sentencedto one to 1-1/2 years in prison, much lessthan the potential 10-year maximum termthe theft charge carries. The case is USA v. Bo Zhang, U.S.District Court for the Southern District ofNew York, No. 12-0390.”————————————————————– 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————————————————————– To find additional federal criminal news,
please read Federal Criminal DefenseDaily. Douglas McNabb and other members ofthe U.S. law firm practice and write and/or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOL’s “RedNotice” brings to this equation. The author of this blog is Douglas C.McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.