Federal Criminal Defense Lawyers

Monday, July 25, 2011

www.McNabbAssociates.com

Christian Pereira, Daniel Perez, and Sophie Perlmutter Charged by a Criminal Complaint with Conspiring to Affect Interstate Commerce by Robbery (18 U.S.C. 1951(a)), Use of Interstate Commerce Facilities in the Commission of Murder-for-hire (18 U.S.C. 1958), and Possession of a Firearm in Furtherance of Crimes of Violence (18 U.S.C. 924(c)(1)(A))
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 10:18 AM July 25, 2011

The U.S. Attorneys Office Southern District of Florida on July 22, 2011 released the following: THREE MIAMI-DADE RESIDENTS CHARGED IN MURDER- FOR-HIRE SCHEME Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Hugo J. Barrera, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, James K. Loftus, Director, Miami-Dade Police Department, and Addy Villanueva, Special Agent in Charge, Florida Department of Law Enforcement (FDLE), Miami Operations Center, announced the arrest of defendants Christian Pereira, 22, Daniel Perez, 20, and Sophie Perlmutter, 21, all of Miami-Dade. The defendants are charged in a criminal complaint with conspiring to rob and murder a Miamibased drug dealer. Specifically, the defendants are charged with one count of conspiring to affect interstate commerce by robbery (18 U.S.C. 1951(a)), one count of use of interstate commerce facilities in the commission of murder-forhire (18 U.S.C. 1958), and one count of possession of a firearm in furtherance of crimes of violence (18 U.S.C. 924(c)(1)(A)). The defendants made their initial appearance in federal court today. A pretrial detention hearing is scheduled for Wednesday, July 27, 2011 at 10:00 A.M. If convicted, the defendants face a maximum statutory sentence of up to 20 years in prison on the interstate robbery count, up to 10 years in prison on the murder for hire count, and up to life in prison for the firearm count, which carries a five year mandatory minimum. Todays charges are the result of the ATFs Street Terror Offender Program (STOP). STOP is a multi-agency task force specializing in the investigation of violent crime associated with the narcotics trade in South Florida. Using federal narcotics, robbery and firearms laws,
fbi (Current)

STOP members target violent career offenders, with the goal of reducing violent crime in Miami-Dade. According to the affidavit filed in support of the criminal complaint, a confidential source (CS) alerted ATF/MDPD that he had been asked to assist in the robbery and murder of a marijuana dealer to whom defendant Pereira owed money. During a recorded meeting with the CS, Pereira and Perez discussed the robbery and murder plan in detail. The plan called for Pereira and Perez to meet the targeted victim at the victims residence under the pretext of paying their debt, confront the victim with a firearm, and then have the CS strangle the victim with a rope. Pereira and Perez promised the CS money in return for his strangling the intended victim. According to the affidavit, on the morning of July 21, 2011, the day of the planned robbery and murder, police surveillance units watched as Pereira and his girlfriend Perlmutter picked up the CS and traveled to meet Perez, who was waiting at a Publix near the intended victims residence. Before Perez and Perlmutter reached their destination, they were pulled over by police. Police officers discovered a semi-automatic firearm, gloves, plastic tarp and cleaning agents inside the car. Agents then found Perez at the Publix where he was waiting, but Perez attempted to flee on foot. During the chase, Perez tried to discard his cellular telephone. Perez was arrested and his phone was recovered. When Perezs car was searched, investigators discovered a backpack containing a piece of rope in the front passenger seat. U.S. Attorney Wifredo A. Ferrer noted, Drug trafficking does not exist in a vacuum. Rather, drug trafficking breeds other crimes, including, as in this case, robbery, illegal gun use, and even conspiracy to murder. These defendants planned to rob and murder a drug dealer for their own profit. Instead, they now face long prison sentences. It is a good day for law enforcement when violent offenders and their guns are removed from our community before they have a chance

to do harm. The removal of violent criminals and their guns from the streets of South Florida is a top priority for ATF. Todays charges are the result of our commitment to work jointly with state and local law enforcement to do everything possible to ensure that our citizens and visitors are kept safe from harm, said Hugo J. Barrera, Special Agent in Charge of ATFs Miami Office. The message is clear: if you seek to do harm through violence in South Florida, you will be found and you will be prosecuted to the fullest extent of the law. Director James K. Loftus of the MiamiDade Police Department added, The apprehension of these violent offenders is attributed to the strong working relationship amongst law enforcement agencies and their unified commitment to public safety. FDLE Special Agent in Charge Addy Villanueva stated, The STOP Unit seeks out the worst of the worst offenders. This multi-agency Task Force saved a life and the perpetrators was brought to justice. Mr. Ferrer commended the investigative efforts of ATF, Miami-Dade Police Department and FDLE. This case is being prosecuted by Assistant U.S. Attorney Anthony LaCosta. An Complaint is only an accusation, and defendant are presumed innocent until and unless proven guilty beyond a reasonable doubt. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Edward J. Hanko Named Special Agent in Charge of the Cincinnati Division

Washington, D.C.

Federal Criminal Justice

Federal Criminal Defense Lawyers

Ralph Hunt a Border Patrol Agent Indicted by a Federal Grand Jury For Making False Statements
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:05 AM July 25, 2011

The U.S. Attorneys Office District of Arizona on July 22, 2011 released the following: TUCSON, Ariz. A federal grand jury in Tucson returned a three-count indictment on July 21, 2011, against U.S. Border Patrol Agent Ralph Hunt, of Tucson, for making false statements during a compelled interview. Hunt will be issued a summons to appear for an initial appearance on the indictment before a Federal Magistrate Judge. The indictment alleges that on the afternoon of May 21, 2009, while on duty, Agent Hunt performed a traffic stop of a black GMC Denali. As Hunt approached the vehicle to question the occupants, the vehicle fled. After a pursuit that lasted approximately 45 minutes and over 30 miles, the occupants of this vehicle were arrested. As part of his normal job duties when an arrest is made, Hunt prepared a Report of Apprehension, also known as an I-44, which documented the vehicle stop, the pursuit, the arrest of the occupants of the GMC Denali, and the seizure of marijuana. This I-44 is then submitted to the Drug Enforcement Administration in order for that agency to present the matter to the U.S. Attorneys Office for criminal prosecution. On September 25, 2009, as a condition of Hunts employment with the Border Patrol, the defendant participated in a

compelled interview regarding the events that occurred during the pursuit and statements made in his I-44. Before this interview began, the defendant was advised that he could be subjected to criminal liability if he provided false statements or information during this interview. The indictment alleges that Hunt knowingly and willfully made three material false statements during this compelled interview. Count One alleges that Hunt falsely stated that he thought there was a child in a black GMC Denali that he had been pursuing, and that is why he told the Border Patrol dispatch to tell the Arizona Department of Public Safety that he was chasing a sexual offender and that there might be a child in the automobile. In truth and in fact, defendant knew that there was no child in the automobile and he is alleged to have intentionally made that statement to gain assistance of DPS. Count Two alleges that Hunt falsely stated that the GMC Denali he was pursuing performed a U-turn and attempted to run him off the road, when in truth and in fact, the driver of the suspect automobile did not make a U-turn and did not attempt to run the defendant off the road. Count Three alleges that Hunt falsely stated that the driver of the GMC Denali avoided attempt to spike the vehicles tires near Milepost 16 on State Road 286 by driving in hazardous manner. In truth and in fact, the driver did not avoid the spiking attempt by driving in a hazardous manner,

nor did the defendant see the manner in which the driver avoided the spiking attempt and no other agent communicated to the defendant how the driver avoided the spiking attempt. A conviction for a false statement carries a maximum penalty of 5 years in prison, a $250,000 fine or both. An indictment is simply the method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until competent evidence is presented to a jury that establishes guilt beyond a reasonable doubt. The investigation preceding the indictment was conducted by the Office of Internal Affairs for U.S. Customs and Border Protection, in Tucson. The prosecution is being handled by Karen Rolley and Eric Markovich, Assistant U.S. Attorneys, District of Arizona, Tucson. CASE NUMBER: CR-11-2572TUC RCC/DTF To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

A New Strategy to Combat an Evolving Threat

Tracy Russo (USDOJ: Justice Blog)
Submitted at 10:51 AM July 25, 2011

Attorney General Eric Holder Speaks at the Announcement of the Transnational Organized Crime Strategy
(USDOJ: Justice News)
Submitted at 11:51 AM July 25, 2011

Andrew Zayac Found Guilty of Federal Murder by a Federal Jury in Bridgeport

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 9:13 AM July 25, 2011

The following post appears courtesy of Attorney General Eric Holder. Today, I am proud to stand with my colleagues from across the Administration as we unveil a comprehensive, cutting-edge strategy the Strategy to Combat Transnational Organized Crime that will take our nations fight against transnational organized crime to the next level. Not only will this [...]

"It is a privilege to join with you and with so many other key leaders and critical partners, as we unveil a cuttingedge, comprehensive strategy that will take our nations fight against transnational organized crime to the next level."

The U.S. Attorneys Office District of Connecticut on July 22, 2011 released the following: David B. Fein, United States Attorney for the District of Connecticut, today announced that a federal jury in Bridgeport has found ANDREW ZAYAC, 31, of Scarsdale, New York, guilty of federal murder and other offenses in connection with the February 8, 2009, kidnap and murder of Edward Rivera, 37, of the Bronx, New York. The trial began on July 14 and the jury returned the ANDREW page 3

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Federal Criminal

Harvard H. Hill, a Houston Venture Capitalist, Charged in a Three Count Federal Indictment with Wire Fraud
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 3:39 PM July 25, 2011

The U.S. Attorneys Office Southern District of Texas on July 25, 2011 released the following: HOUSTON Harvard H. Hill, of Houston, has been charged with three counts of wire fraud in connection with an investment in the general partnership of a Houston-based venture capital fund he promoted, United States Attorney Jos Angel Moreno announced today. Hill, 74, surrendered to FBI agents this morning as a result of the return of the three-count indictment on July 21, 2011. He made his initial appearance this morning before U.S. Magistrate Judge Mary Milloy. He is scheduled to appear again today at 1:45 p.m., at which time the issue of bond will be decided. The indictment alleges that Hill defrauded an investor in the general partnership that managed the James Sunbelt Investment LP Fund that Hill promoted. Hill, who has operated venture capital funds in Houston under the name Houston Partners, solicited an investor to become a special limited partner in the general partnership. Under the supposed

structure of the fund, the general partnership would receive 20 percent of the funds profit distributions and a 2 percent annual management fee. The special limited partner would receive a percentage of the general partnerships stake, so the ability to repay the special limited partner depended in significant part on the amount invested in the fund given the annual 2 percent management fee. The indictment alleges that Hill misrepresented that millions of dollars were already in the fund under the management of the general partnership, provided false information listing the names of companies in which the fund was supposedly invested and falsely claimed that professors at Rice and MD Anderson Cancer Center had agreed to serve on the funds Scientific Advisory Board. The indictment further alleges that within a week of the investor wiring $500,000 to Hill in July 2006, Hill had transferred over half the funds to a personal account in his name, a bank account controlled by a member of Hills family and an account in the name of another fund in which Hill had past due expenses. According to the indictment,

within two months of receipt of the investment, more than 80 percent of the money had been spent and was not used for promoting and managing the fund. Each wire fraud count carries a potential punishment of up to 20 years in prison and a $250,000 fine. The case was investigated by the FBI and is being prosecuted by Assistant United States Attorney Gregg Costa. An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

ANDREW
continued from page 2

verdicts this afternoon. I want to commend the excellent work by members of the Drug Enforcement Administration, the Danbury Police Department and the United States Marshals Service who investigated this matter and have helped to provide justice for the victims family and loved ones, stated U.S. Attorney Fein. According to the evidence presented during the trial, in early 2009, ZAYAC negotiated the purchase of 68 pounds of marijuana from Edward Rivera. ZAYAC and Rivera arranged to meet on February 8, 2009, to complete the transaction. On that date, ZAYAC kidnapped Rivera from the Bronx for the purpose of robbing him of the marijuana. During the course of the kidnapping and robbery, Rivera was shot twice and died as a result of the gunshot wounds. ZAYAC and his associate, Heriberto Gonzalez, 31, also of the Bronx, then dumped Riveras body in Danbury, Connecticut, drove back to the Bronx and burned ZAYACs car. On February 28, 2009, law enforcement officers executed a search warrant at ZAYACs residence and seized

approximately 61 pounds of marijuana. ZAYAC was arrested at that time. Today the jury found ZAYAC guilty of one count of kidnapping resulting in death, one count of murder during the commission of a robbery, one count of interference with commerce through the use of violence, one count of possession with intent to distribute marijuana, one count of conspiracy to use or possess a firearm in furtherance of crimes of violence and a narcotics trafficking offense, three counts of destruction/ concealment of evidence, and one count of conspiracy to destroy/conceal evidence. The jury found ZAYAC not guilty of one count of premeditated murder. United States District Judge Janet C. Hall has scheduled sentencing for October 7, 2011, at which time ZAYAC faces a mandatory term of imprisonment of life on the murder charges. On June 21, 2011, after a separate trial, a jury found Gonzalez guilty of one count of possession with intent to distribute marijuana, three counts of destruction/ concealment of evidence, and one count of conspiracy to destroy/conceal evidence.

He awaits sentencing. ZAYAC has been detained since his arrest. Gonzalez was arrested on June 17, 2009, and is also detained. This matter has been investigated by the Drug Enforcement Administration, the Danbury Police Department and the United States Marshals Service. This case is being prosecuted by Assistant United States Attorneys Michael J. Gustafson and Brian P. Leaming. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Federal Criminal

Federal Criminal Defense Lawyers

Michael Franzenburg, Joseph Grizzanti, and Kenneth Foote Charged by a Criminal Complaint with Conspiring to Commit Mail Fraud, in Violation of Title 18, United States Code, Section 1349
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 10:08 AM July 25, 2011

The U.S. Attorneys Office Southern District of Florida on July 22, 2011 released the following: THREE CHARGED IN PALM BEACH COUNTY TIME SHARE BOILER ROOM CONSPIRACY Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, and John V. Gillies, Special Agent in Charge, Federal Bureau of Investigation (FBI), Miami Field Office, announced that Michael Franzenburg, 47, of West Palm Beach, Joseph Grizzanti, 30, of Greenacres, and Kenneth Foote, 40, of Lake Worth, were charged with conspiring to commit mail fraud, in violation of Title 18, United States Code, Section 1349. According to the Criminal Information filed with the court, the defendants engaged in a scheme to defraud timeshare owners throughout the United States and Canada. From July 2009 to February 2010, telemarketers contacted more than 2,000 victims, and collected more than $3.3 million for timeshare marketing and sales services, which were never provided.

The telemarketers, operating under the name International Resort Solutions LLC (IRS), solicited clients through at least four separate boiler rooms, each of which was located in Palm Beach County. Franzenburg allegedly created IRS and arranged to have various boiler room owners establish boiler rooms in Palm Beach County, through which they could solicit customers who were willing to pay advanced fees for purported timeshare marketing and sales services. The boiler room owners, including Grizzanti, used managers to operate the boiler rooms. The managers, including Foote, were, in turn, responsible for the day-to-day operations of the boiler rooms, including oversight of all sales and supervision of the telemarketers. According to the Information, the boiler room managers directed the telemarketers to call timeshare owners throughout the United States and Canada to induce them to pay up-front fees for purported timeshare marketing and sales services by making false and misleading representations about IRSs services. Among the false representations, the telemarketers claimed that IRS had buyers for their timeshares, that IRS had closings

scheduled for their timeshares, and that IRS would actively market their timeshares to potential buyers. If convicted, each defendant faces a maximum term of imprisonment of up to twenty years, to be followed by up to three years of supervised release. Mr. Ferrer commended the investigative efforts of the FBI. The case is being prosecuted by Assistant U.S. Attorney Adrienne Rabinowitz. An Information is only an accusation, and a defendant is presumed innocent unless and until proven guilty. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

Cooper Kweme Indicted by an Alexandria Federal Grand Jury for Sex Trafficking, Transportation of a Minor for Prostitution, and Production of Child Pornography
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 10:35 AM July 25, 2011

The U.S. Attorneys Office Eastern District of Virginia on July 22, 2011 released the following: ALEXANDRIA, Va. Cooper Kweme, 31, of Silver Spring, Md., has been indicted by a federal grand jury of sex trafficking, transportation of a minor for prostitution, and production of child pornography. Neil MacBride, United States Attorney for the Eastern District of Virginia; James McJunkin, Assistant Director in Charge of the FBIs Washington Field Office; and M. Douglas Scott, Arlington County Chief of Police made the announcement. Its anguishing to think that contact through a teen social site could lead a vulnerable girl into the world of sex slavery, said U.S. Attorney MacBride. Mr. Kweme is accused of recruiting girls online and other locations to work for his prostitution business. Our youth must be vigilant against predators trolling on

social networking sites, like Tagged, and bring any suspicious activity to the attention of law enforcement so we can catch sex traffickers before they can enslave more victims. According to the indictment and court records, Kweme allegedly operated a prostitution business in the District of Columbia, Maryland, and Virginia, and used the Internet to advertise women as prostitutes. In February 2011, Kweme is accused of recruiting a juvenile female to work as a prostitute after meeting her on an online social network targeted at teens. Kweme subsequently posted photographs of the juvenile on the Internet, including a sexually explicit photograph. Kweme was arrested by the Arlington County Police Department on June 1, 2011, and later charged in federal court. Kweme is scheduled to be arraigned on July 29, 2011, in the United States District Court in Alexandria, Virginia. If convicted, Kweme faces a mandatory minimum of 10 years and a maximum of life in prison for the sex trafficking and

transportation of a minor for prostitution charges. He faces a mandatory minimum of 15 years and a maximum of 30 years in prison for the production of child pornography charge. This case was investigated by the Arlington County Police Department and FBIs Northern Virginia Resident Agency. Assistant United States Attorneys Morris Parker and Mary Daly are prosecuting the case on behalf of the United States. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. COOPER page 5

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Federal Criminal

Former Dekalb Police Officer Donald Bristol Pleads Guilty To Federal Criminal Charges in Atlantas Federal Court
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 10:24 AM July 25, 2011

The U.S. Attorneys Office Northern District of Georgia on July 22, 2011 released the following: Bristol Helped Conceal a Stolen Vehicle, Used His Police Computer for Criminal Purposes & Lied to Federal Agents ATLANTA, GA DONALD BRISTOL, 41, of Lilburn, Georgia, pleaded guilty today in federal district court on charges that, while he was employed as a DeKalb County police officer, he helped others possess and hide a stolen vehicle, unlawfully accessed governmental information, and lied to federal agents. United States Attorney Sally Quillian Yates said, This defendant was a criminal in a police officers uniform. The evidence showed that during his tenure as a police officer, he violated the very laws that he had sworn to enforce and then lied about it to federal agents. According to United States Attorney

Yates, the charges, and other information presented in court: Starting in April 2010, BRISTOL used his position as a DeKalb County Police Officer to help two separately-charged defendants hide the fact that the car they were using was stolen. BRISTOL also misused his access to a sensitive law enforcement database to provide his associates with information. When questioned about some of his activities, BRISTOL made numerous false statements to federal agents. On May 25, 2011, BRISTOL was charged in a 10-count indictment. Today, BRISTOL pleaded guilty to aiding others to possess and hide a stolen vehicle, to unlawfully accessing governmental information, and to lying to federal agents. The most serious of the charges carries a maximum sentence of 10 years in prison and a fine of up to $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders

Sentencing is scheduled for October 18, 2011 at 11:00 a.m.., before United States District Judge Timothy C. Batten, Sr. This case is being investigated by Special Agents of the Federal Bureau of Investigation, the DeKalb County Police Department, and Special Agents of the Drug Enforcement Administration. Assistant United States Attorney Jeffrey W. Davis is prosecuting the case. To find additional federal criminal news, please read The Federal Crimes Watch Daily. Douglas McNabb and other members of the U.S. law firm practice and write extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition and OFAC SDN List Removal. The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.

COOPER
continued from page 4

The author of this blog is Douglas McNabb. Please feel free to contact him directly at mcnabb@mcnabbassociates.com or at one of the offices listed above.