“Lavabit, Snowden’s E-Mail Service, in a Legal Tug of War”

October 3, 2013

The New York Times on October 2, 2013 released the following:

By NICOLE PERLROTH and SCOTT SHANE

“DALLAS — One day last May, Ladar Levison returned home to find an F.B.I. agent’s business card on his Dallas doorstep. So began a four-month tangle with law enforcement officials that would end with Mr. Levison’s shutting the business he had spent a decade building and becoming an unlikely hero of privacy advocates in their escalating battle with the government over Internet security.

Prosecutors, it turned out, were pursuing a notable user of Lavabit, Mr. Levison’s secure e-mail service: Edward J. Snowden, the former National Security Agency contractor who leaked classified documents that have put the intelligence agency under sharp scrutiny. Mr. Levison was willing to allow investigators with a court order to tap Mr. Snowden’s e-mail account; he had complied with similar narrowly targeted requests involving other customers some two dozen times.

But they wanted more, he said: the passwords, encryption keys and computer code that would essentially allow the government untrammeled access to the protected messages of all his customers. That, he said, was too much.

“You don’t need to bug an entire city to bug one guy’s phone calls,” Mr. Levison, 32, said in a recent interview. “In my case, they wanted to break open the entire box just to get to one connection.”

On Aug. 8, Mr. Levison closed Lavabit rather than, in his view, betray his promise of secure e-mail to his customers. The move, which he explained in a letter on his Web site, drew fervent support from civil libertarians but was seen by prosecutors as an act of defiance that fell just short of a crime.

The full story of what happened to Mr. Levison since May has not previously been told, in part because he was subject to a court’s gag order. But on Wednesday, a federal judge unsealed documents in the case, allowing the tech entrepreneur to speak candidly for the first time about his experiences. He had been summoned to testify to a grand jury in Virginia; forbidden to discuss his case; held in contempt of court and fined $10,000 for handing over his private encryption keys on paper and not in digital form; and, finally, threatened with arrest for saying too much when he shuttered his business.

Spokesmen for the Justice Department and the F.B.I. said they had no comment beyond what was in the documents.

Mr. Levison’s battle to preserve his customers’ privacy comes at a time when Mr. Snowden’s disclosures have ignited a national debate about the proper limits of surveillance and government intrusion into American Internet companies that promise users that their digital communications are secure.

Much of the attention has been focused on Internet giants like Microsoft and Google. Lavabit, with just two employees and perhaps 40,000 regular users, was a midget by comparison, but its size and Mr. Levison’s personal pledge of security made it attractive to tech-savvy users like Mr. Snowden.

While Mr. Levison’s struggles have been with the F.B.I., hovering in the background is the N.S.A., which has worked secretly for years to undermine or bypass encrypted services like Lavabit so that their electronic message scrambling cannot obstruct the agency’s spying. Earlier in September, The New York Times, ProPublica and The Guardian wrote about the N.S.A.’s campaign to weaken encryption. Mr. Levison’s case shows how law enforcement officials can use legal tools to pry open messages, no matter how well protected.

Mr. Levison said he set up Lavabit to make it impossible for outsiders, whether governments or hackers, to spy on users’ communications. He followed the government’s own secure coding guidelines, based on the N.S.A.’s technical guidance, and engineered his systems so as not to log user communications. That way, even if he received a subpoena for a user’s communications, he would not be able to gain access to them. For added measure, he gave customers the option to pay extra to encrypt their e-mail and passwords.

Mr. Levison, who studied politics and computer science at Southern Methodist University, started Lavabit in April 2004, the same month Google rolled out Gmail. To pay his bills, he worked as a Web consultant, helping develop Web sites for major brands like Dr Pepper, Nokia and Adidas. But by 2010, the e-mail service had attracted enough paying customers to allow Mr. Levison to turn to Lavabit full time.

The agent did not mention at first who the government was pursuing, and Mr. Levison will not name the targets of the government’s investigation. The name was redacted from the court order unsealed Wednesday, but the offenses listed are violations of the Espionage Act, and the timing of the government’s case coincides with its leak investigation into Mr. Snowden, which began in May when he fled Hawaii for Hong Kong carrying laptops containing thousands of classified documents.

By then, Mr. Snowden’s Lavabit e-mail address was already public. He had listed his personal Lavabit e-mail address in January 2010, and was still using a Lavabit address this July, when he summoned reporters to a news conference at the Moscow airport.

That e-mail invitation proved to be an unintended endorsement for Lavabit’s security. Before that, Mr. Levison said that, on average, Lavabit was signing up 200 new users daily. In the days after Mr. Snowden’s e-mail, more than 4,000 new customers joined each day.

But a month before the news conference, court documents show, Mr. Levison had already received a subpoena for Mr. Snowden’s encrypted e-mail account. The government was particularly interested in his e-mail metadata — with whom Mr. Snowden was communicating, when and from where. The order, from the Federal District Court in Alexandria, Va., required Mr. Levison to log Mr. Snowden’s account information and provide the F.B.I. with “technical assistance,” which agents told him meant handing over the private encryption keys, technically called SSL certificates, that unlock communications for all users, he said.

“It was the equivalent of asking Coca-Cola to hand over its secret formula,” Mr. Levison said.

By July, he said, he had 410,000 registered users. Similar services like Hushmail, a Canadian encrypted e-mail service, had lost users in 2007 after court documents revealed that the company had handed 12 CDs’ worth of decoded e-mails from three Hushmail accounts to American law enforcement officials through a mutual assistance treaty.

“The whole concept of the Internet was built on the idea that companies can keep their own keys,” Mr. Levison said. He told the agents that he would need their request for his encryption keys in writing.

A redacted version of that request, which was among the 23 documents that were unsealed, shows that the court issued an order July 16 for Lavabit’s encryption keys. Prosecutors said they had no intention of collecting any information on Lavabit’s 400,000 other customers. “There’s no agents looking through the 400,000 other bits of information, customers, whatever,” Jim Trump, one of the prosecutors, said at a closed Aug. 1 hearing.

But Mr. Levison said he spent much of the following day thinking of a compromise. He would log the target’s communications, unscramble them with the encryption keys and upload them to a government server once a day. The F.B.I. told him that was not enough. It needed his target’s communications “in real time,” he said.

“How as a small business do you hire the lawyers to appeal this and change public opinion to get the laws changed when Congress doesn’t even know what is going on?” Mr. Levison said.

When it was clear Mr. Levison had no choice but to comply, he devised a way to obey the order but make the government’s intrusion more arduous. On Aug 2, he infuriated agents by printing the encryption keys — long strings of seemingly random numbers — on paper in a font he believed would be hard to scan and turn into a usable digital format. Indeed, prosecutors described the file as “largely illegible.”

On Aug. 5, Judge Claude M. Hilton ordered a $5,000-a-day fine until Mr. Levison produced the keys in electronic form. Mr. Levison’s lawyer, Jesse R. Binnall, appealed both the order to turn over the keys and the fine.

After two days, Mr. Levison gave in, turning over the digital keys — and simultaneously closing his e-mail service, apologizing to customers on his site. That double maneuver, a prosecutor later told his lawyer, fell just short of a criminal act.

He hopes to resurrect the business he spent a decade building. “This wasn’t about one person,” Mr. Levison said. “This was about the lengths our government was willing to go to conduct Internet surveillance on one person.””

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Douglas McNabb – McNabb Associates, P.C.’s
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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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“Ex-agent testifies to good FBI reviews while taking Bulger bribes”

June 28, 2013

Reuters on June 28, 2013 released the following:

By Richard Valdmanis

“(Reuters) – Now retired FBI agent John Morris testified that he received excellent performance reviews from the bureau in the 1970s and 1980s while he and a colleague accepted cash bribes from members of Boston’s violent Winter Hill Gang and protected them from arrest.

In a Boston court on Friday, a lawyer for accused gang boss James “Whitey” Bulger showed Morris three of his reviews describing him as “excellent” and “exemplary” – part of his questioning aimed at undermining the credibility of FBI evidence at the murder trial of Bulger, the reputed head of Winter Hill.

Once one of the most feared men in Boston, Bulger, 83, is on trial for killing or ordering the murders of 19 people while running extortion and gambling rackets for decades. Bulger, who has pleaded not guilty to all charges, evaded capture for 16 years and now faces life imprisonment if convicted by a Boston federal jury.

“I received good reviews,” Morris said on the witness stand, as defense lawyer Henry Brennan showed him a series of documents, including one which said other FBI supervisors looked to Morris for guidance.

The trial, which began June 12, has given the jury a glimpse of an era when machine-gun toting mobsters shot associates who talked too much and buried bodies under bridges in a bloody struggle for control of the criminal underworld.

But it also has shown a dark side of the FBI during that period, when some former agents are suspected of having traded information with Bulger and his gang to help them elude arrest and murder “rats” who spoke to police.

Morris testified on Thursday that he and another ex-FBI agent John Connolly – who cultivated Bulger as an FBI informant – would sometimes invite Bulger and his associate Steven “The Rifleman” Flemmi to dinner, where they would trade information and gifts.

Connolly apparently became so rich on kickbacks that he began wearing jewelry and bought a boat and a second home on Cape Cod, Morris said, adding that he too had accepted at least $5,000 in cash directly from Bulger and provided tips.

“I felt helpless. I didn’t know what to do. I felt awful about everything,” he said.

Morris, who now works as a part-time wine consultant, was offered immunity from prosecution in late 1997 in exchange for his testimony in hearings about FBI misconduct.

“I didn’t want to carry that burden anymore,” Morris said.

Bulger cursed at Morris in court on Thursday and called him a liar as the prosecution witness described how Bulger received special treatment for being a government informant.

Bulger denies providing any information to law enforcement officials, contending that he paid them for tips, but offered none of his own.

The gangster’s story has fascinated Boston for decades and inspired the 2006 Academy Award-winning Martin Scorsese film, “The Departed,” in which Jack Nicholson played a character loosely based on Bulger.

Called “Whitey” because he once had white-blond hair, fled Boston after a 1994 tip from Connolly that authorities were preparing to arrest him.

Connolly is serving a 40-year prison term for murder and racketeering.

Bulger’s attorneys have spent much of the past few days attacking the reliability of the FBI’s 700-page informant file on him, which they contend was fabricated by Connolly to provide a cover for his frequent meetings with the gang boss.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

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————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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“NSA leaker’s father lives in Upper Macungie”

June 10, 2013

The Morning Call on June 10, 2013 released the following:

“Lonnie Snowden and his wife, Karen, aren’t talking about Edward Snowden.

By Colby Itkowitz and Daniel Patrick Sheehan, Call Washington Bureau

The father and stepmother of Edward Snowden, the man who said he leaked news of the government’s classified surveillance program, live in Upper Macungie Township and were visited this afternoon by two people who identified themselves as FBI agents.

Karen Snowden, 48, said the couple had been “bombarded” by media, including ABC’s “Good Morning America,” since the story broke Sunday. Lonnie Snowden, 52. briefly spoke to ABC News Sunday, saying he had last seen his son months ago for dinner and the two parted with a hug. The elder Snowden told ABC he was still “digesting and processing” the news about his son.

Cordial, but firm, Karen Snowden refused to offer any information about her stepson, including whether he ever lived in the Lehigh Valley. She and her husband would be making a public statement but were not planning to do so today, she added.

A short time later, two people arrived at the home and identified themselves to a newspaper photographer as FBI agents from the Allentown office. An FBI spokesperson in Philadelphia said she could not comment.

Lonnie Snowden was an officer in the Coast Guard, according to public records. He would have had Edward Snowden when he was 22 years old.

Edward Snowden revealed himself to the British newspaper The Guardian as the person responsible for outlining the U.S. National Security Agency’s practice of monitoring Americans’ calls, e-mails and Internet usage.

A high-school dropout who most recently worked as a government contractor in Hawaii, Edward Snowden said that as an analyst he had the capability to wiretap anyone.

After leaking the information, he fled to Hong Kong without telling his family, he told The Guardian.

“No. My family does not know what is happening … My primary fear is that they will come after my family, my friends, my partner. Anyone I have a relationship with …,” Snowden said in the interview.

“I will have to live with that for the rest of my life. I am not going to be able to communicate with them. They [the authorities] will act aggressively against anyone who has known me. That keeps me up at night.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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“1 bank robbery suspect killed, 2 others arrested, FBI says”

May 11, 2013

Chicago Tribune on May 11, 2013 released the following:

“FBI agents shot one bank robbery suspect dead and arrested two others at a bank in the small town of Richmond on Friday, investigators said.

Federal investigators had been tailing the three men on I-90 and to the bank because they were suspected of previous bank robberies and were thought to be planning another, a source close to the investigation said.

FBI spokeswoman Joan Hyde said the men “had been the subject of an investigation,” but declined to elaborate.

The shooting occurred at about 11:30 a.m. in the parking lot of Associated Bank at 10910 N. Main St. in Richmond, on Route 12 just west of the Chain O’ Lakes near Wisconsin. Hyde did not know what precipitated the shooting, but said the suspects never entered the bank.

Photos from the scene showed the car had driven off the pavement of the parking lot and appeared to hit a pole and slightly smashed its front end. No bystanders or investigators were injured, Hyde said.

The scene remained blocked off Friday evening, and Route 12 was closed in the area. An FBI evidence response team was on the scene and investigators questioned witnesses.

Though the investigation was out of the FBI’s Chicago office, the two suspects were taken to Winnebago County Jail in Rockford, where the agency has a satellite office, Hyde said

Associated Bank released the following statement: “Our customers and colleagues at our Richmond branch are safe and secure. We are fully cooperating with local law enforcement to help resolve the situation.”

A woman who works in the business next door said workers were terrified by the shooting.

Geri Rubel, an accountant at a firm in an adjoining part of the bank building, said she heard two bursts of rapid, automatic gunfire outside, one short and one long. She and her co-workers looked out the front window of her office and saw men with guns running through the parking lot toward the bank.

“That scared the (expletive) out of us,” she said. “We locked the door, went to a corner of the room and cried because we didn’t know what was going on. I thought of my kids, and called the high school (to alert them).”

They peeked out the window occasionally, until she said a police officer came to tell them that investigators had been staking out the bank, believing a robbery was planned. The FBI would not comment on whether a robbery had been thwarted.

Rubel said the dead man was in the parking lot, and another man was taken away in handcuffs in a black SUV. The men she saw with the guns turned out to be law enforcement agents.

“This kind of thing doesn’t happen ever here,” Rubel said. “I hear about it in the city (of Chicago). This is a small town. It’s not something you expect to see here.”

The police response was so quick that it seemed obvious they expected the robbery, she said. “To have all of them within 30 seconds, I’m thinking they must have known something,” Rubel said.

McHenry County Undersheriff Andrew Zinke said his office was called to help the FBI and Richmond and Spring Grove police. “They had been involved in an incident out in front of the bank where a shooting had taken place,” he said.

“There is no threat or danger to the Richmond community at this point,” Zinke said.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

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Former FBI Agent and Others Face Federal Criminal Charges Alleging Conspiracy, Honest Services Wire Fraud, Obstruction of Justice, and Obstructing an Agency Proceeding

October 22, 2012

Deseret News on October 22, 2012 released the following:

“Former FBI agent charged in military contract bribery case

By Dennis Romboy, Deseret News

SALT LAKE CITY — A former FBI agent faces federal charges for allegedly trying to derail a Utah-initiated investigation of a business partner with whom he was pursuing lucrative government security and energy contracts.

A federal grand jury in Salt Lake City returned an 11-count indictment against Robert G. Lustyik Jr., 50, of Sleepy Hollow, N.Y.; Michael L. Taylor, 51, of Harvard, Mass.; and Johannes W. Thaler, 49, of New Fairfield, Conn. Each is charged with one count of conspiracy, eight counts of honest services wire fraud, one count of obstructing justice and one count of obstructing an agency proceeding.

Lustyik used his position in an attempt to stave off a criminal investigation into Taylor, owner of Boston-based American International Security Corp., according to the indictment. Authorities say the former agent used Thaler, a childhood friend, as a go-between.

The indictment charges that Taylor, a former Green Beret, offered Lustyik $200,000 in cash, money purportedly for the medical expenses of Lustyik’s minor child, and a share in the proceeds of several anticipated contracts worth millions of dollars.

In hearing in U.S. District Court in Salt Lake City last month, a federal prosecutor quoted Taylor telling Lustyik in a message, “If they don’t put me in jail, I’ll make you filthy, stinkin’ rich.”

According to the indictment, Lustyik, a 20-year FBI veteran, was assigned to counterintelligence work in White Plains, N.Y., until September 2012. The indictment states that from at least June 2011, the three men had a business relationship pursuing contracts for security services, electric power and energy development in the Middle East and Africa.

In September 2011, Taylor learned of a Utah-based federal criminal investigation into whether Taylor, his business and others bribed an Army officer to obtain a $54 million military training contract in Afghanistan.

Taylor and Christopher Harris, of St. George, were charged in a 72-count indictment in August with bribing a public official, accepting of a bribe by public official, money laundering and wire fraud. Taylor remains in jail in Utah pending trail.

Court records say it was Harris’ banking habits in St. George that opened the case for federal investigators three years ago.

Harris, who worked for Taylor as a manager in Afghanistan, was paid about $17.4 million by American International, according to court records. He tried to hide the money by structuring his transactions at America First Credit Union in St. George so he wouldn’t be detected by the bank’s warning mechanisms, the indictment states.

Lustyik impeded the investigation by designating Taylor as an FBI confidential source and texting and calling the Utah investigators and prosecutors to dissuade them from charging Taylor, according to the indictment. He also interviewed witnesses and potential targets in the Utah investigation, authorities say.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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Florida Man Charged Alleging His Involvement in Three Philadelphia Bank Robberies

October 21, 2012

The Federal Bureau of Investigation on October 19, 2012 released the following:

“Michael Russell Marsico, 51, of Homestead, Florida, formerly of Philadelphia, was charged today by criminal complaint with three counts of bank robbery, announced United States Attorney Zane David Memeger and FBI Special Agent in Charge George C. Venizelos. FBI agents arrested Marsico yesterday on an open warrant charging him with an October 3, 2012 robbery of a Chase Bank branch in Miami, Florida. The criminal complaint charges Marsico in the October 13, 2012 robbery of the Wells Fargo bank at 2227 South Broad Street; the October 14, 2012 robbery of the Republic Bank branch at 1601 Market Street; and October 16, 2012 robbery of the TD Bank branch at 121 South Broad Street.

If convicted, the defendant faces a maximum possible sentence of 60 years’ imprisonment on the Philadelphia charges.

The case was investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Mark S. Miller.

A criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

————————————————————–

To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

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Feds charge Cherryville cops with allegedly aiding ‘crooks’

October 19, 2012
FBI
“Ray Gora / Lincoln Times-News
FBI agents seize computers and other materials from the Cherryville Police Department on Wednesday.”

Lincoln Times-News on October 19, 2012 released the following:

“JENNA-LEY HARRISON

Staff Writer

An undercover federal investigation is shaking up the Cherryville Police Department this week, amid claims that some police officers were operating on the wrong side of the law.

Four law enforcement officers and two other men who are accused of conspiring earlier this year to safeguard stolen property and proceeds from their sale, are set to make their second appearance in a Charlotte courtroom today, following an FBI raid on Wednesday.

The officers have also been accused of securing monetary bribes for their legal authority in the operation, the U.S. Attorney’s Office in the state’s Western District said.

According to federal authorities, the men made a serious blunder – their partners in the conspiracy, whom they believed to be criminals, were actually undercover FBI agents.

As a result of the arrests, the city of Cherryville has also suspended its police chief and captain.

Federal officials are not saying who else might be a target of the ongoing investigation.

Two federal indictments were unsealed earlier Wednesday in the case.

One indictment from Tuesday charged Cherryville Police officer Frankie Dellinger, 40, Gaston County Sheriff’s reserve officer Wesley Clayton Golden, 39, and Cherryville resident Mark Ray Hoyle, 39.

Each man faces one count each of conspiracy to extort under color of official right, money laundering conspiracy, conspiracy to transport and/or receive stolen property, four counts each of transportation of stolen property, money laundering and aiding and abetting and three counts of possession of a firearm in relation to a crime of violence, according to a press release.

Federal authorities also charged Dellinger with with an extra count of extortion.

The three men are accused of protecting the men they believed were co-conspirators by allowing them to safely transport tractor trailers filled with stolen property through the area, the U.S. Attorney’s Office said. Hoyle, Dellinger and Golden also protected the transportation of more than $400,000, proceeds from the merchandises’ sale, the release said.

Goods included televisions and generators worth nearly $160,000.

A second indictment from Aug. 21 charged Cherryville patrol officers Casey Justin Crawford, 32, and David Paul Mauney III, 23, along with Cherryville resident John Ashley Hendricks, 47, with one count each of conspiracy to transport and/or receive stolen property and conspiracy to extort under color of official right.

Crawford additionally faces one count of program fraud bribery.

Since May, Crawford, Mauney and Hendricks similarly worked with undercover agents they thought were criminals in protecting the transport of more than $300,000 in stolen merchandise along with more than $300,000 in proceeds from the items’ sale, the release said.

Hoyle’s role in the conspiracy included “representing himself as a law enforcement officer,” the U.S. Attorney’s Office said. On the other hand, Hendricks, Crawford and Mauney used counter-surveillance to ensure other officers wouldn’t discover the illegal operation, the release said.

FBI officials launched the investigation following allegations last year that Dellinger had been involved in illegal activity, an indictment said.

The phony criminals requested assistance from law enforcement officers who would be willing to provide protection for stolen items in exchange for cash bribes.

Dellinger accepted the offer and soon “recruited” Hoyle and Golden, according to the indictment.

The three men received $17,000 in the scheme in exchange for keeping the stolen goods away from thieves and the detection of other law enforcement agencies and even agreed to use violence, if necessary, to carry out such duties, the U.S. Attorney’s Office said.

All six men appeared in a Charlotte courtroom today on the charges.

They each face up to 20 years in prison and hundreds of thousands of dollars in fines, if convicted, the release said.

Interim City Manager and Cherryville Fire Chief Jeff Cash released a separate statement late Wednesday announcing that Police Chief Woody Burgess and Capt. Mike Allred, a Lincoln County resident, have been suspended with pay pending the outcome of the investigation, though neither has been charged to this point.

“As interim city manager, I will be naming myself interim police chief with the day-to-day operational activities to be supervised by Sgt. Cam Jenks,” Cash wrote.

Cash said safety of the citizens would not be compromised by the investigation into the police department and other law enforcement agencies were assisting as needed.

Individuals with emergencies can call 911 or police dispatch at (704) 435-1717.

The Gaston County District Attorney’s Office was quoted by other area news media saying they may drop pending criminal cases relying on any of charged officers’ testimonies, though the Times-News was unable to independently confirm this. Just how many cases that would include is also unclear.

Five of the six suspects remain without bond behind Mecklenburg County bars. The location of John Hendricks is currently unknown. He was not listed as a current Mecklenburg County inmate and does not even have a record in the county, an employee with CharMeck Citizen Services told the Times-News Thursday afternoon.

The State Bureau of Investigation has also been looking into the city of Cherryville since last year for misuse of town funds.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

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International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

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Judge Ponders Canadian Man’s Extradition to the United States

October 17, 2012

ABC News on October 17, 2012 released the following:

EDMONTON, Alberta
Associated Press

“A judge will rule Friday whether to extradite a Canadian man to the United States on charges that he helped coordinate Tunisian jihadists believed responsible for separate suicide attacks in Iraq in 2009 that killed five American soldiers outside a U.S. base and seven people at an Iraqi police complex.

Sayfildin Tahir Sharif, who holds dual Canadian and Iraqi citizenship, was arrested in 2011 on a U.S. warrant and has been fighting extradition to New York.

The prosecution contends that evidence from intercepted Internet and phone conversations shows that Sharif was directly involved in supporting terrorists who conducted the suicide bombings.

Sharif, 40, never left Canada as part of the alleged conspiracy. He was born in Iraq but moved to Toronto as a refugee in 1993 and became a Canadian citizen. He has also gone by other names, including Faruq Muhammad’Isa.

His lawyer, Bob Aloneissi, argued in final submissions Tuesday that the prosecution provided no clear evidence that Sharif helped support a terrorist group.

Aloneissi said Sharif’s right to legal advice was violated when the Royal Canadian Mounted Police, FBI and U.S. Justice Department officials interrogated him immediately following his Jan. 19, 2011, arrest at an Edmonton apartment.

A U.S. Department of Justice investigator interviewed him with an FBI agent and a RCMP corporal present, the extradition request said. The interview “was conducted in compliance with United States law,” with Muhammad ‘Isa signing a waiver before voluntarily answering questions, it said.

During the interview, Muhammad ‘Isa admitted he corresponded by email from Canada with two of the terrorists while they were in Syria, and knew that they were on a mission to kill Americans, the paperwork says. The documents allege he corresponded with “facilitators” who were trying to get the attackers into Iraq, and wired one of them $700.

Justice Adam Germain of Edmonton Court of Queen’s Bench reserved his ruling until Friday.

Germain pointed out the standard of evidence required to extradite someone is much lower than is required for use in a criminal trial.

On Monday, Germain ruled that videotaped statements that Sharif made to police during his interrogation would be admitted as evidence.

If convicted of terrorism charges in the United States, Sharif could face a maximum sentence of life imprisonment.”

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Douglas McNabb – McNabb Associates, P.C.’s
International Extradition Lawyers Videos:

International Extradition – When the FBI Seeks Extradition

International Extradition – Wire Transfer – Email – Telephone Call

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We previously discussed the extradition treaty between the United States and Canada here.

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


Adel Daoud Indicted By a Federal Grand Jury for Allegedly Trying to Detonate a Car Bomb Outside a Chicago Bar

September 21, 2012

Chicago Tribune on September 20, 2012 released the following:

“Man indicted for attempted bombing of Chicago bar

Peter Bohan
Reuters

CHICAGO (Reuters) – An 18-year-old man his attorney described as a “misguided kid” was denied bail and indicted on Thursday for attempting to detonate what he thought was a car bomb outside a Chicago bar.

Adel Daoud was subdued in federal court, dressed in bright orange prison clothing with shackled legs, a mop of frizzy black hair and a sparse beard and mustache. He exchanged a few words with his attorney but said nothing during the hearing.

Daoud, a U.S. citizen who lives in the Chicago suburb of Hillside, was arrested on September 10 after trying to explode a fake bomb provided by an undercover FBI agent as part of an investigation lasting several months, authorities said.

A grand jury on Thursday indicted him on two counts of attempting to use a weapon of mass destruction and maliciously attempting to use an explosive to destroy a building. If convicted on the first count, Daoud faces up to life in prison.

Daoud’s attorney Thomas Durkin argued before U.S. Magistrate Judge Arlander Keys that Daoud had been entrapped by the FBI and “this kid couldn’t build a bomb if his life depended on it.”

But Assistant U.S. Attorney William Ridgway read through details of the charges against Daoud with evidence recorded over months, including alleged comments that Daoud said he would “only be satisfied of 100 were killed and 300 injured” in the attack. Daoud had repeatedly rejected suggestions to delay or halt plans for the attack, Ridgway said.

Ridgway described Daoud as deceptive, charismatic and knowledgeable, arguing that the defendant was dangerous and a flight risk. The judge agreed.

“The evidence shows he was predisposed to do it before the FBI” got involved, Judge Keys said of the bomb plot, adding that Daoud appeared to have “a strong desire to kill Americans, felt justified in doing so, and the more he could kill the better.”

The judge ordered Daoud held without bail after the 20-minute hearing. Daoud shuffled out silently but glanced at his father, Ahmed, who was seated in the front row at court.

According to an FBI affidavit, Daoud used email accounts starting in about October 2011 to gather and send materials “relating to violent jihad and the killing of Americans.”

Undercover FBI employees began corresponding with Daoud in May and later provided Daoud with a Jeep apparently full of explosives – but which was an inert device produced by undercover law enforcement, according to the affidavit. Daoud was arrested after trying to detonate it outside a downtown bar located near the Chicago Board of Trade building.

Durkin, who has experience as a defense lawyer in terrorist trials including representing detainees held at Guantanamo Bay, told reporters after the hearing that he was not surprised by the denial of bail.

“No judge in the world is going to let anybody out on a terrorism case,” he said.

But he accused the FBI of coming down hard on Daoud because Islam and terrorism were involved and despite evidence that his father and two religious leaders had tried to dissuade Daoud from “ideas” like jihad.

“Anybody at 18 years old who was raised in America who would be seriously questioning those type of values I would think might have some mental issues, and I think the FBI would know that as well,” Durkin told reporters.

The next hearing will be an arraignment before U.S. District Judge Sharon Coleman. No date was set.”

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


US prosecutor: 18-year-old arrested for attempting to set off car bomb outside Chicago bar

September 15, 2012

The Washington Post on September 15, 2012 released the following:

“By Associated Press

CHICAGO — Undercover FBI agents arrested an 18-year-old American man who tried to detonate what he believed was a car bomb outside a downtown Chicago bar, federal prosecutors said Saturday.

Adel Daoud, a U.S. citizen from the Chicago suburb of Hillside, was arrested Friday night in an undercover operation in which agents pretending to be terrorists provided him with a phony car bomb.

The U.S. Attorney’s Office in Chicago, which announced the arrest Saturday, said the device was harmless and the public was never at risk.

Daoud is charged with attempting to use a weapon of mass destruction and attempting to damage and destroy a building with an explosive.

Someone who answered a call to Daoud’s home in Hillside on Saturday who said her name was Hiba and that she was Daoud’s sister declined to discuss Daoud, the family or the arrest.

“We don’t even know anything. We don’t know that much. We know as little as you do,” she said. “They’re just accusations.”

“We’d like to be left alone,” she said.

The FBI began monitoring Daoud after he posted material online about violent jihad and the killing of Americans, federal prosecutors said.

In May, two undercover FBI agents contacted Daoud in response to the postings and exchanged several electronic messages with him in which he expressed an interest in engaging in violent jihad in the United States or abroad, according to an affidavit by an FBI special agent.

Prosecutors say that after being introduced to an undercover FBI agent who claimed to be a terrorist living in New York, Daoud set about identifying 29 potential targets, including military recruiting centers, bars, malls and tourist attractions in Chicago.

Shortly after 7 p.m. Friday, Daoud met in the suburb of Villa Park with the undercover agent who claimed to be from New York, and the two drove to downtown Chicago, where the restaurants and bars were packed with workers ringing in the weekend on a pleasantly warm evening. According to the affidavit, they entered a parking lot where a Jeep Cherokee containing the phony bomb was parked.

Daoud drove the vehicle and parked in front of a bar that was among the pre-selected targets, then walked a block away and attempted to detonate the device by pressing a triggering mechanism in the presence of the agent, according to the affidavit. He was then arrested.

The court documents do not identify the bar.

Prosecutors said Daoud was offered several chances to change his mind and walk away from the plot.

The affidavit said the Daoud was active in jihadist Internet forums and was accessing articles written by Anwar al-Awlaki, the U.S.-born radical cleric who became a key figure in the Yemen-based al-Qaida offshoot known as al-Qaida in the Arabian Peninsula.

Al-Awlaki was killed in a U.S. drone strike in Yemen last year.

In his communications with one of the FBI agents about possible targets, Daoud allegedly said he wanted to carry out an attack that would kill a large number of people.

“I wanted something that’s … massive; I want something that’s gonna make it in the news,” he wrote, according to the affidavit. “I want to get to like, for me I want to get the most evil place, but I want to get a more populated place.””

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Douglas McNabb – McNabb Associates, P.C.’s
Federal Criminal Defense Attorneys Videos:

Federal Crimes – Be Careful

Federal Crimes – Be Proactive

Federal Crimes – Federal Indictment

Federal Crimes – Detention Hearing

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To find additional global criminal news, please read The Global Criminal Defense Daily.

Douglas McNabb and other members of the U.S. law firm practice and write and/or report extensively on matters involving Federal Criminal Defense, INTERPOL Red Notice Removal, International Extradition Defense, OFAC SDN Sanctions Removal, International Criminal Court Defense, and US Seizure of Non-Resident, Foreign-Owned Assets. Because we have experience dealing with INTERPOL, our firm understands the inter-relationship that INTERPOL’s “Red Notice” brings to this equation.

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

————————————————————–

International criminal defense questions, but want to be anonymous?

Free Skype Tel: +1.202.470.3427, OR

Free Skype call:

           Office Locations

Email:


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