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Federal Criminal Defense Lawyers www.McNabbAssociates.comTuesday, January 17, 2012

Houston’s inspector general resignsMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 5:31 PM January 17, 2012

Houston Chronicle on January 16, 2012released the following:“By Chris Moran, HOUSTONCHRONICLEThe city of Houston’s top internal affairs

investigator is resigning after 14 monthson the job.Inspector General Robert Doguim’s

resignation is effective Feb. 3.

Doguim said Monday that the Office of Inspector General should be anindependent city department, but he wasnot leaving in protest. Mayor AnniseParker’s administration was supportive of his work, even when that meant primarilystaying out of his way, he said.“The OIG, particularly for a city thislarge, should be a stand-alone department.It should not be assigned under the LegalDepartment,” Doguim said. He reports toCity Attorney David Feldman.When asked if Feldman ever interfered

with his work, Doguim said, “Mr.Feldman, never, never tried to influencethe actions or the decisions of the OIG.”Other big-city OIGs have subpoena

power and the ability to conduct criminalinvestigations, and Doguim said hebelieves Houston’s should, too. Justweeks after he was hired, he persuadedSen. John Whitmire to carry legislation todo so. The bill did not pass.Instead, the Office of Inspector General’s

duties are limited to investigations of allegations of violations of city procedures

and rules. If OIG investigators findevidence of criminal violations, they canrefer matters to law enforcement agencies.Doguim said he is leaving, in part, on the

principle that an inspector general shouldbe a limited-term appointment. He said healso has a family matter to attend to.The former FBI agent became Houston’s

inspector general in late 2010, shortlyafter Parker moved the office thatinvestigates employee misconduct out of the Houston Police Department and under

the control of the mayor’s office.Last June, Doguim’s office issued

findings that then-Councilwoman JolandaJones had used city resources to supporther private law practice. He referred thematter to the district attorney’s office,which found insufficient evidence toprosecute Jones.A special three-member ethics panel

headed by the mayor declined to send thefindings to the full council for possiblesanctions that could have includedremoval from office.

A footnote in the panel’s report referredto a “lack of thoroughness” in the OIGinvestigation and that the panel foundseveral instances where propersubstantiation of findings was notobtained in a timely manner.The Office of Inspector General also

cleared Jones in a previous probe andexonerated council members StephenCostello and Al Hoang of ethics chargesduring Doguim’s tenure.Doguim had been director of homeland

security and emergency management at

the Harris County Sheriff’s Office beforecoming to the city.Doguim worked for 20 years for the FBI.

As a federal agent working undercover,Doguim and an FBI informant gave then-Councilman Ben Reyes $50,000 in cash inexchange for his assistance securing a citycontract. As a result, in 1998 Reyes wasconvicted of bribery and mail fraud. Heserved a nine-year prison sentence. PortCommissioner Betti Maldonado also wasconvicted of bribery and sentenced to 51

months in prison as a result of theinvestigation.”————————————————————–Douglas McNabb – McNabb Associates,

P.C.’sFederal Criminal Defense Attorneys

Videos: Federal Crimes – Be Careful Federal Crimes – Be Proactive————————————————————–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 himdirectly atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

Marubeni Corporation ResolvesForeign Corrupt Practices ActInvestigation and Agrees to Paya $54.6 Million Criminal Penalty( USDOJ: Justice News  ) 

Submitted at 2:57 PM January 17, 2012

Marubeni Corporation has agreed to paya $54.6 million criminal penalty to resolvecharges related to the Foreign CorruptPractices Act (FCPA) for its participationin a decade-long scheme to bribe Nigeriangovernment officials to obtainengineering, procurement and

construction (EPC) contracts.

Miami-Area Resident PleadsGuilty to Participating in $200Million Medicare Fraud Scheme( USDOJ: Justice News  ) 

Submitted at 6:25 PM January 17, 2012

Sandra Jimenez, 38, admitted toparticipating in a fraud scheme that wasorchestrated by the owners and operatorsof American Therapeutic Corporation(ATC); its management company,Medlink Professional Management GroupInc.; and the American Sleep Institute(ASI).

New Jersey Pipe SupplyCompany and Owner Sentencedfor Their Role in Fraud andBribery Conspiracy in PowerGeneration Industry( USDOJ: Justice News  ) 

Submitted at 6:05 PM January 17, 2012

A New Jersey industrial pipe supplycompany and its owner were sentencedtoday for participating in a conspiracy tocommit fraud and pay bribes to apurchasing manager at ConsolidatedEdison of New York (Con Ed) in returnfor the manager’s efforts to steer contractsto the company.

Pennsylvania Man Indicted on Child Pornography Charges( USDOJ: Justice News  ) 

Submitted at 6:32 PM January 17, 2012

Jeffrey W. Herschell, 53, was chargedwith three counts in a superseding

indictment.

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2 Federal Criminal Defense Lawyers

AP Exclusive: Border Patrol to toughen policyMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 9:49 AM January 17, 2012

Associated Press on January 17, 2012released the following:

“By ELLIOT SPAGATAssociated PressSAN DIEGO (AP) — The U.S. Border

Patrol is moving to halt a revolving-doorpolicy of sending migrants back toMexico without any punishment.The agency this month is overhauling its

approach on migrants caught illegallycrossing the 1,954-mile border that theUnited States shares with Mexico. Yearsof enormous growth at the federal agencyin terms of staff and technology havehelped drive down apprehensions of migrants to 40-year lows.

The number of agents since 2004 hasmore than doubled to 21,000. The BorderPatrol has blanketed one-third of theborder with fences and other physicalbarriers, and spent heavily on cameras,sensors and other gizmos. Major advancesin fingerprinting technology have vastlyimproved intelligence on border-crossers.In the 2011 fiscal year, border agentsmade 327,577 apprehensions on theMexican border, down 80 percent frommore than 1.6 million in 2000. It was theBorder Patrol’s slowest year since 1971.

It’s a far cry from just a few years ago.Older agents remember being soovermatched that they powerlesslywatched migrants cross illegally, minutesafter catching them and dropping them off at the nearest border crossing. BorderPatrol Chief Mike Fisher, who joined theBorder Patrol in 1987, recallsapprehending the same migrant 10 timesin his eight-hour shift as a young agent.The Border Patrol now feels it has

enough of a handle to begin imposingmore serious consequences on almosteveryone it catches, from areas including

Texas’ Rio Grande Valley to San Diego.The “Consequence Delivery System” – akey part of the Border Patrol’s newnational strategy to be announced withinweeks – relies largely on tools that havebeen rolled out over the last decade onparts of the border and expanded. Itdivides border crossers into sevencategories, ranging from first-timeoffenders to people with criminal records.Punishments vary by region but there is a

common thread: Simply turning peoplearound after taking their fingerprints is the

choice of last resort. Some, includingchildren and the medically ill, will still geta free pass by being turned around at thenearest border crossing, but they will befew and far between.“What we want to be able to do is makethat the exception and not necessarily the

norm,” Fisher told The Associated Press.Consequences can be severe for detained

migrants and expensive to Americantaxpayers, including felony prosecution orbeing taken to an unfamiliar border city

hundreds of miles away to be sent back toMexico. One tool used during summers inArizona involves flying migrants toMexico City, where they get one-way bustickets to their hometowns. Anotherreleases them to Mexican authorities forprosecution south of the border. One putsthem on buses to return to Mexico inanother border city that may be hundredsof miles away.In the past, migrants caught in Douglas,

Ariz., were given a bologna sandwich andorange juice before being taken back toMexico at the same location on the same

afternoon, Fisher said. Now, they mayspend the night at an immigrationdetention facility near Phoenix andeventually return to Mexico through DelRio, Texas, more than 800 miles away.Those migrants are effectively cut off 

from the smugglers who helped themcross the border, whose typical fees haveskyrocketed to between $3,200 and$3,500 and are increasingly demandingpayment upfront instead of after crossing,Fisher said. At minimum, they will haveto wait longer to try again as they raise

money to pay another smuggler.“What used to be hours and days is nowbeing translated into days and weeks,”said Fisher.The new strategy was first introduced a

year ago in the office at Tucson, Ariz., thepatrol’s busiest corridor for illegalcrossings. Field supervisors rankedconsequences on a scale from 1 to 5 using15 different yardsticks, including thelength of time since the person was lastcaught and per-hour cost for processing.The longstanding practice of turning

migrants straight around without any

punishment, known as “voluntaryreturns,” ranked least expensive – andleast effective.Agents got color-coded, wallet-sized

cards – also made into posters at BorderPatrol stations – that tells them what to dowith each category of offender. For first-time violators, prosecution is a goodchoice, with one-way flights to MexicoCity also scoring high. For knownsmugglers, prosecution in Mexico is thetop pick.The Border Patrol has introduced many

new tools in recent years without muchconsideration to whether a first-timeviolator merited different treatment than arepeat crosser.“There really wasn’t much thought otherthan, `Hey, the bus is outside, let’s put thepeople we just finished processing on the

bus and therefore wherever that bus isgoing, that’s where they go,’” Fisher said.Now, a first-time offender faces different

treatment than one caught two or threetimes. A fourth-time violator faces other

consequences.The number of those who have beenapprehended in the Tucson sector hasplunged 80 percent since 2000, allowingthe Border Patrol to spend more time andmoney on each of the roughly 260migrants caught daily. George Allen, anassistant sector chief, said there are 188seats on four daily buses to border cities inCalifornia and Texas. During summers, adaily flight to Mexico City has 146 seats.Only about 10 percent of those

apprehended now get “voluntary returns”in the Tucson sector, down from about 85

percent three years ago, said Rick Barlow,the sector chief. Most of those who aresimply turned around are children,

 justified by the Border Patrol onhumanitarian grounds.Fisher acknowledged that the new

strategy depends heavily on otheragencies. Federal prosecutors must agreeto take his cases. U.S. Immigration andCustoms Enforcement must have enoughbeds in its detention facilities.In Southern California, the U.S.

attorney’s office doesn’t participate in a

widely used Border Patrol program thatprosecutes even first-time offenders withmisdemeanors punishable by up to sixmonths in custody, opting instead topursue only felonies for the mostegregious cases, including serial border-crossers and criminals.Laura Duffy, the U.S. attorney in San

Diego, said limited resources, includinglack of jail space, force her to makechoices.“It has not been the practice (inCalifornia) to target and prosecuteeconomic migrants who have no criminal

histories, who are coming in to the UnitedStates to work or to be with theirfamilies,” Duffy said. “We do target theindividuals who are smuggling thoseindividuals.”Fisher would like to refer more cases for

prosecution south of the border, but theMexican government can only prosecutesmugglers: smuggling migrants is a crimein Mexico but there is nothing wrongabout crossing illegally to the UnitedStates. It also said its resources werestretched on some parts of the border.

Criticism of the Border Patrol’s newtactics is guaranteed to persist as the newstrategy goes into effect at other locations.Some say immigration cases areoverwhelming federal courts on the border

Federal Criminal

EXCLUSIVE: page 6

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3Federal Criminal Defense Lawyers

Vladimir Zdorovenin and Kirill Zdorovenin Face Federal Criminal Chargesof Conspiracy, Mail Fraud, Wire Fraud, Computer Fraud, AggravatedIdentity Theft, and Securities Fraud After Being Extradited to the USMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 3:48 PM January 17, 2012

The Federal Bureau of Investigation(FBI) on January 17, 2012 released thefollowing:“Manhattan U.S. Attorney and FBIAssistant Director in Charge AnnounceExtradition of Russian Citizen to FaceCharges for International Cyber CrimesNine-Count Indictment ChargesDefendants with Stealing Personal andFinancial Information and Stock MarketManipulationPreet Bharara, the United States Attorneyfor the Southern District of New York,

and Janice K. Fedarcyk, the AssistantDirector in Charge of the New York Office of the Federal Bureau of Investigation (“FBI”), announced todaythe unsealing of a nine-count indictmentcharging VLADIMIR ZDOROVENINand his son, KIRILL ZDOROVENIN, twoRussian citizens, with conspiracy, mailfraud, wire fraud, computer fraud,aggravated identity theft, and securitiesfraud. They were indicted under seal inMay 2007. VLADIMIR ZDOROVENINwas apprehended on March 27, 2011, inZurich, Switzerland, and arrived in New

York yesterday following his extraditionby Swiss authorities. He will be presentedand arraigned before U.S. MagistrateJudge Gabriel W. Gorenstein inManhattan federal court later today.KIRILL ZDOROVENIN remains at large.Manhattan U.S. Attorney Preet Bhararasaid: “Cyber crime is a pandemic thatmakes geography meaningless. From faraway, with the click of a mouse, the cybercriminal can victimize millions of peoplein the U.S. As alleged, VladimirZdorovenin and his son did exactly that;

they engaged in serial cyber crimes inRussia that targeted Americans andwrought havoc with their personal andfinancial information, using it to makephony purchases and to manipulate stock prices. As the unsealing of today’sIndictment demonstrates, we will reachout across the globe, and wait as long as ittakes to bring cyber criminals to justice.”FBI Assistant Director in Charge JaniceK. Fedarcyk stated: “Mr. Zdorovenin’segregious behavior illustrated the truecolors of the cyber underground, as he andhis son allegedly defrauded consumers of 

hundreds of thousands of dollars using

methods that included compromised creditcards, all fronted through fictitiouscompanies they had created. In addition,

Zdorovenin allegedly installed malware toaccess victims’ brokerage accounts,trading victims’ securities andmanipulating the price of stocksZdorovenin already owned. This shouldserve as a stark reminder to anyone whobelieves he can commit cyber crime andhide behind the safety and anonymity of aRussian IP address; you are not beyondthe reach of the FBI.”According to the indictment unsealedtoday in Manhattan federal court:At various times between 2004 and 2005,

VLADIMIR ZDOROVENIN and his sonKIRILL ZDOROVENIN allegedlyengaged in a series of crimes in Russiathat victimized citizens of the UnitedStates through the use of stolen credit cardinformation, multiple phony websites, andbank accounts in Russia and Latvia.Specifically, the indictment alleges thatthe ZDOROVENINs stole victims’personal identification information,including credit card numbers, through theuse of computer programs that weresurreptitiously installed on victims’computers and that recorded the

information as it was entered. TheZDOROVENINs also allegedly purchasedstolen credit card numbers from otherindividuals, and used the stolen credit cardinformation to make what appeared to belegitimate purchases of goods fromvarious Internet businesses that they ran.However, as alleged, the purchases werefraudulent and were used as a means of deceiving banks, credit card serviceprocessors, credit card holders, and others,thereby enabling the ZDOROVENINS tosteal the money they directed to their

websites.Additionally, as alleged in the indictment,the ZDOROVENINs, used the Internet tounlawfully access the financial servicesaccounts of victims located in the UnitedStates and then transferred or attempted totransfer hundreds of thousands of dollarsfrom those accounts to bank accountsunder the ZDOROVENINs’ control.Finally, the Indictment charges that aftertaking over victims’ online brokerageaccounts, the ZDOROVENINs boughtand sold thousands of shares of certaincompanies’ stock in an effort to

manipulate the prices of those stocks. The

ZDOROVENINs allegedly realizedprofits through this scheme bysimultaneously purchasing or selling

shares of the same stocks through theirown online brokerage account, maintainedin the name of Rim InvestmentManagement, Ltd.* * *VLADIMIR ZDOROVENIN, 54, of Moscow, Russia, faces a maximumsentence of 142 years in prison inconnection with the charges in theindictment. The case has been assigned toU.S. District Judge Paul G. Gardephe.Mr. Bharara praised the outstandinginvestigative work of the FBI. He also

thanked the Office of International Affairsin the U.S. Department of Justice’sCriminal Division for its assistance withthe extradition.This case is being handled by the Office’sComplex Frauds Unit. Assistant U.S.Attorneys James J. Pastore, Jr. andThomas G.A. Brown are in charge of theprosecution.The charge and allegations contained inthe Indictment are merely accusations, andthe defendants are presumed innocentunless and until proven guilty.”—————————————————

———–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 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 atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

U.S. v. David Rubin( Antitrust Division: Criminal Case Filings  ) 

Submitted at 10:32 AM January 17, 2012

Document filed on January 6, 2012

• Plea Agreement

Federal Criminal Antitrust

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4 Federal Criminal Defense Lawyers

Former Employee and Contractors of Florida PropertyManagement Company Indicted in Illinois for AllegedConspiracy to Commit Bribery and Wire FraudMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 2:48 PM January 17, 2012

The U.S. Department of Justice (DOJ) onJanuary 17, 2012 released the following:“WASHINGTON – A Rockford, Ill.,grand jury today indicted a formerresidential sales manager and two formercontractors of a Florida propertymanagement company in connection withhousing repair contracts for the U.S.Department of Veterans Affairs (VA), theDepartment of Justice announced.The 10-count indictment filed today in

U.S. District Court in Rockford chargedRyan J. Piana, Ronald B. Hurst andBryant A. Carbonell with conspiring tocommit bribery and wire fraud frombeginning at least as early as January 2006continuing until as late as September2007. Piana, Hurst and Carbonell are alsocharged with bribery and wire fraud.Piana is a former residential sales

manager at West Palm Beach, Fla.-basedOcwen Loan Servicing LLC, and Hurstand Carbonell are former contractors forOcwen. According to court documents,Ocwen managed foreclosed properties

under contract with the VA, whichguaranteed qualifying residentialmortgages for veterans. Under the contractbetween the VA and Ocwen, if a veterandefaulted, Ocwen completed necessaryrepairs and re-sold the property.Proceeds from the re-sale of VA-acquired

properties directly benefit the VA byreducing the cost of guaranteeing

residential mortgages to veterans.

According to the charges, Hurst andCarbonell paid Piana to steer housingrepair work to companies affiliated withHurst and Carbonell. Piana recruited otherOcwen employees into the scheme andpaid them on behalf of himself and theother conspirators. The department said inorder to execute the scheme, theconspirators sent, or caused to be sent,various transmissions via wirecommunication.This is the second case involving

properties managed by Ocwen undercontract with the VA. On Dec. 3, 2010,Benjamin K. Graves, also a former Ocwenemployee, pleaded guilty in U.S. DistrictCourt in Orlando, Fla., to wire fraud inconnection with the VA contract.The wire fraud charges carry a maximum

penalty of 20 years in prison; the briberycharges carry a maximum penalty of 15years in prison; and the conspiracy chargecarries a maximum penalty of five yearsin prison. The maximum fine for eachcharge is $250,000. For wire fraud andconspiracy, the maximum fine may beincreased to twice the gain derived from

the crime or twice the loss suffered by thevictims of the crime, if either of thoseamounts is greater than the statutorymaximum fine. For bribery, the maximumfine may be increased to three times thevalue of the bribes, if that amount isgreater than the statutory maximum fine.The charges announced today resulted

from an ongoing federal investigation of 

housing repair contracts performed under

contract with the VA. The investigation isbeing conducted by the AntitrustDivision’ s Chicago Field Office and theCentral Field Office of the U.S.Department of Veterans Affairs, Office of Inspector General, Criminal InvestigationsDivision, located in Hines, Ill. “————————————————————–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 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, International

Extradition and OFAC SDN SanctionsRemoval.The author of this blog is Douglas

McNabb. Please feel free to contact himdirectly atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

Over six tonnes of drugs found on sub: navyMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 9:29 AM January 17, 2012

News.NineMSN.com.au on January 17,2012 released the following:“FBI divers aided by the US Coast Guardand a Canadian warship recovered a drugcargo in the Caribbean from a scuttled self -propelled semi-submersible, theCanadian navy said Monday.The FBI laboratory’s technical dive team

backed by the United States Coast GuardCutter Cypress and Her Majesty’sCanadian Ship St. John’s recovered morethan 6,700 kg of cocaine from the vessel

in the Caribbean Basin, said a statement.The semi-sub was scuttled off the coast of 

Honduras by traffickers being pursued byUS and Honduran forces, an official saidbut declined to say when the cocaine was

recovered.

According to a Honduran general, threesuspects were arrested on November 20but the vessels had remained out of reachof authorities then, some 3,000 feet (morethan 900 meters) underwater.A helicopter from the St. John’s was

called upon during the operation toevacuate a sailor from the Cypress to ahospital in the region. Details of themedical emergency were not disclosed.The drugs were destined for distribution

in North America and had an estimatedstreet value of US$180 million, said theCanadian navy.”

————————————————————–Douglas McNabb – McNabb Associates,

P.C.’sFederal Criminal Defense Attorneys

Videos:

 Federal Crimes – Be Careful Federal Crimes – Be Proactive Federal Crimes – Federal Indictment————————————————————–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 atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

Federal Criminal

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5Federal Criminal Defense Lawyers

Oscar Ramiro Ortega-Hernandez Indicted forAllegedly Attempting to Assassinate thePresident of the United StatesMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 2:05 PM January 17, 2012

The Federal Bureau of Investigation(FBI) on January 17, 2012 released thefollowing:“WASHINGTON— Oscar Ramiro Ortega-Hernandez, 21, of Idaho Falls, Idaho, wasindicted by a federal grand jury today forattempting to assassinate the president of the United States. The indictment stemsfrom the November 11, 2011 shootingnear the White House.The indictment was announced by U.S.

Attorney Ronald C. Machen Jr.; James W.McJunkin, Assistant Director of the FBI’sWashington Field Office; and DavidBeach, Special Agent in Charge of theWashington Field Office of the U.S.Secret Service.The federal grand jury in the District of 

Columbia returned a 17-count indictmentagainst Ortega-Hernandez, who has beenin custody since his arrest November 16,2011. In addition to the attemptedassassination charge, Ortega-Hernandezwas charged with assaulting federal

officers with a deadly weapon, injuringproperty of the United States, and relatedfirearms charges. The grand jury returnedcriminal charges against Ortega-

Hernandez for violating District of Columbia law as well. Under federalsentencing guidelines, the charges carry apossible prison term of life imprisonment.According to the government’s evidence,

on November 11, 2011, at about 9 p.m.,the defendant drove his Honda Accordwestbound in the 1600 block of Constitution Avenue NW. He stopped thevehicle just past the entrance to theEllipse, and fired several rounds at theWhite House. No one was injured. FBIinvestigators examined the building andlocated several confirmed bullet impactpoints on the south side of the building onor above the second story residence area.Several bullets and fragments also werecollected in the area near the impactpoints.An indictment is merely a formal charge

that a defendant has committed a violationof criminal laws and every defendant ispresumed innocent until, and unless,proven guilty.In announcing the charges, U.S. Attorney

Machen, Assistant Director McJunkin,and Special Agent in Charge Beach

expressed their appreciation to all thosewho diligently investigated this case fromthe FBI, the Secret Service, and the U.S.Park Police. The case is being prosecuted

by Assistant U.S. Attorneys George P.Varghese and John W. Borchert of theNational Security Section of the UnitedStates Attorney’s Office.”————————————————————–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 atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

Michael Fijal Indicted by a Federal Grand Juryfor Alleged ArsonMcNabb Associates, P.C. ( Federal Criminal Defense Lawyers  ) 

Submitted at 5:33 PM January 17, 2012

The Federal Bureau of Investigation

(FBI) on January 17, 2012 released thefollowing:“BUFFALO, NY—U.S. Attorney WilliamJ. Hochul, Jr. announced today that afederal grand jury has returned anindictment charging Michael Fijal, 58, of Buffalo, N.Y., with arson. The chargecarries a maximum penalty of 20 years inprison, a $250,000 fine or both.According to Assistant U.S. Attorney

Michael L. McCabe, who is handling thecase, in May 2011, Fijal, a local bank employee, conspired with others to burndown a duplex at 179 Mackinaw Street,which is located in Buffalo’s Old FirstWard neighborhood. The defendant isspecifically accused of withdrawingmoney from a local bank for the purposeof paying an accomplice to burn thebuilding and paying the accomplice both

before and after the fire on May 22, 2011.The indictment is the result of 

investigation on the part of special agentsof the Federal Bureau of Investigation,

under the driection of Special Agent inCharge Christopher M. Piehota: theBureau of Alcohol, Tobacco, Firearms,and Explosives, under the direction of Resident Agent in Charge Frank Christiano; and investigators from theBuffalo Fire Department, under thedirection of Commissioner GarnellWhitfield.Fijal was arraigned on this charge today

before U.S. Magistrate Judge JeremiahMcCarthy and released. The fact that adefendant has been charged with a crimeis merely an accusation and the defendantis presumed innocent until and unlessproven guilty.”————————————————————–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 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 himdirectly atmcnabb@mcnabbassociates.com or at oneof the offices listed above.

Federal Criminal

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6 Federal Criminal Defense Lawyers

EXCLUSIVE:continued from page 2

at the expense of investigations into white-collar crime, public corruption and otherserious threats. Others consider prisontime for first-time offenders to beexcessively harsh.The Border Patrol also may be challenged

when the U.S. economy recovers, creating jobs that may encourage more illegalcrossings. Still, many believe heightenedU.S. enforcement and an aging populationin Mexico that is benefiting from arelatively stable economy will keepmigrants away.“We’ll never see the numbers that we sawin the late 1990s and early 2000s,” saidEdward Alden, senior fellow at theCouncil on Foreign Relations.Doris Meissner, who oversaw the BorderPatrol as head of the former Immigration

and Naturalization Service in the 1990s,said the new approach makes sense “onthe face of it” but that it will be expensive.She also said it is unclear so far if it will

be more effective at discouragingmigrants from trying again.“I do think the Border Patrol is finally at apoint where it has sufficient resources thatit can actually try some of these things,”said Meissner, a senior fellow at the

Migration Policy Institute.Tucson, the only sector to have tried thenew approach for a full year, has alreadytweaked its color-coded chart of punishments two or three times. Fishersaid initial signs are promising, with thenumber of repeat crossers falling at afaster rate than before and faster than onother parts of the border.“I’m not going to claim it was a directeffect, but it was enough to say it hasmerit,” he said.”—————————————————

———–Douglas McNabb – McNabb Associates,P.C.’sFederal Criminal Defense Attorneys

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

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 atmcnabb@mcnabbassociates.com or at one

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Former Employee andContractors of Florida PropertyManagement Company Indictedin Illinois for Conspiracy toCommit Bribery and Wire Fraud( USDOJ: Justice News  ) 

Submitted at 3:11 PM January 17, 2012

A Rockford, Ill., grand jury today

indicted a former residential salesmanager and two former contractors of aFlorida property management company inconnection with housing repair contractsfor the U.S. Department of VeteransAffairs.

Kentuckians Convicted of LaceyAct Crimes for IllegallyHarvesting and Making FalseRecords for Ohio RiverPaddlefish( USDOJ: Justice News  ) 

Submitted at 3:55 PM January 17, 2012

Steve Kinder, along with his wife,

Cornelia Joyce Kinder, both of Owenton,Ky., owned and operated Kinder CaviarInc. and Black Star Caviar Company.Those companies were in the business of exporting paddlefish eggs as caviar tocustomers in foreign countries.

Justice