Federal Criminal Defense Lawyers

Thursday, July 14, 2011

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Pennsylvania Man Indicted for Allegedly Soliciting Jihadists to Kill Americans

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 3:38 PM July 14, 2011

The Federal Bureau of Investigation (FBI) on July 14, 2011 released the following: WASHINGTON Emerson Winfield Begolly, 22, of New Bethlehem, Pa., was indicted by a federal grand jury in Alexandria, Va., today for allegedly soliciting Islamic extremists to engage in acts of terrorism within the United States and posting bomb-making instruction materials online. The indictment was announced by Neil H. MacBride, U.S. Attorney for the Eastern District of Virginia; Lisa Monaco, Assistant Attorney General for National Security; James W. McJunkin, Assistant Director in Charge of the FBI Washington Field Office; and David J. Hickton, U.S. Attorney for the Western District of Pennsylvania. Emerson Begolly is accused of repeatedly using the Internet to promote violent jihad against Americans, said U.S. Attorney MacBride. These allegations demonstrate how young people in the United States can become influenced by and eventually participate in jihadist propaganda that is a serious threat to the safety of us all. Todays case underscores the continuing threat posed by homegrown extremists seeking to use the Internet to incite violence, said Assistant Attorney General Monaco. Today, the FBI is faced with a complex threat environment that combines homegrown extremism and the Internet, said Assistant Director in Charge McJunkin. The FBIs top priority is
Tracy Russo (USDOJ: Justice Blog)
Submitted at 3:42 PM July 14, 2011

stopping terrorism, and we remain vigilant against those who solicit violent acts in the United States. Those who attempt to harm or kill Americans will face a determined, coordinated law enforcement effort, said U.S. Attorney Hickton. According to the two-count indictment, Begolly has been an active moderator of a popular, internationally known Islamic extremist web forum, the Ansar alMujahideen English Forum (AMEF), used by its members to promote and distribute jihadist propaganda. The indictment alleges that since July 2010, Begolly has placed a number of postings encouraging attacks within the United States, including the use of firearms, explosives and propane tanks against targets such as police stations, post offices, synagogues military facilities, train lines, bridges, cell phone towers and water plants. Following the reported shootings in Northern Virginia at the Pentagon and the Marine Corps Museum in October 2010, Begolly allegedly posted a comment online that praised the shootings and hoped the shooter had followed his previous postings encouraging similar acts of violence that might seem small but cause big damage. On Dec. 28, 2010, Begolly allegedly posted links to a 101-page document that contains information on how to set up a laboratory, conduct basic chemistry and manufacture explosives. The indictment charges Begolly with solicitation to commit a crime of violence, which carries a maximum penalty of 10 years in prison, and distribution of information relating to explosives, destructive devices and weapons of mass women in tribal communities and allow Federal and tribal law-enforcement agencies to hold more perpetrators of domestic violence accountable for their crimes. At the hearing, entitled Native Women: Protecting, [...]

destruction, which carries a maximum penalty of 20 years in prison. On Feb. 2, 2011, Begolly was indicted for allegedly assaulting federal agents and firearms-related charges in the Western District of Pennsylvania. He faces a maximum sentence of life in prison if convicted of the charges filed in that district. Criminal indictments are only charges and not evidence of guilt. A defendant is presumed to be innocent until and unless proven guilty. This case is being investigated by the FBI Washington Field Office. Assistant U.S. Attorney Neil Hammerstrom of the U.S. Attorneys Office for the Eastern District of Virginias National Security and International Crime Unit, Assistant U.S. Attorney James Kitchen of the U.S. Attorneys Office for the Western District of Pennsylvania, and Trial Attorney Stephen Ponticiello of the Counterterrorism Section in the Justice Departments National Security Division are 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.

Justice for Native American Women

This afternoon, Associate Attorney General Tom Perrelli testified before the Senate Committee on Indian Affairs, to strongly recommend legal reforms that would significantly improve the safety of
(USDOJ: Justice News)
Submitted at 12:24 PM July 14, 2011

Pennsylvania Man Indicted for Soliciting Jihadists to Kill Americans

Emerson Winfield Begolly, 22, of New Bethlehem, Pa., was indicted by a federal grand jury in Alexandria, Va., today for allegedly soliciting Islamic extremists to engage in acts of terrorism within the United States and posting bomb-making instruction materials online.

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Federal Criminal Defense Lawyers

DOJ Seeks Access to Locked Computer

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 11:56 AM July 14, 2011

Main Justice on July 11, 2011 released the following: By Colin Ross Can federal prosecutors force you to unlock your computer for them? That is the question being debated in a case in Colorado, in which Justice Department officials have demanded that a defendant, Ramona Fricosu, decrypt her laptop so that they can examine it for potential evidence against her, CNET News reports. There have been few rulings on this issue and so the decision of the Colorado federal district court will have a large impact on future cases. Fricosu and civil liberties groups argue that to force someone to open her computer to the government violates the Fifth Amendments right to remain silent. Prosecutors contend that a defendant decrypting her own computer is the legal equivalent of opening a safe or providing DNA evidence, activities which are not protected under the Fifth Amendment. The DOJ also claims that giving computer passwords constitutional protection would give a powerful tool to criminals looking to conceal evidence from the government.

Failing to compel Ms. Fricosu amounts to a concession to her and potential criminalsthat encrypting all inculpatory digital evidence will serve to defeat the efforts of law enforcement officers to obtain such evidence through judicially authorized search warrants, and thus make their prosecution impossible, prosecutors argued, CNET News reported. The computer was seized by the government in a May 2010 raid on the Fricosus home, along with several other computers and digital storage devices. Fricosu and her husband have been charged with crimes relating to fraudulent real estate practices. After the raid, the government applied for and received another search warrant to specifically examine the contents of one of the laptops, but could not get passed the devices encryption. It was not until a year later, this May, when prosecutors asked the court to force the defendant to access the computers information for them. Prosecutors said they do not want the password, which some courts have ruled is protected, just the information it is protecting. The digital civil liberties group Electronic Frontier Foundation filed an amicus brief on the side of the defendant. The group argues that if Fricosu is forced to access

the computer using her password, that will amount to a forced admission that the computer and its information belongs to her, and she possible would incriminate herself. As businesses and individuals alike recognize the need to protect the privacy and security of the information of their computers, more and more people will find themselves in Fricosus situation, the group said in its brief. Prosecutors have given the Fricosu limited immunity in an attempt to get around the possible self-incrimination issue, but the foundation argues that it was not comprehensive enough. 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.

FBI Probing News Corp. 9/11 Phone Link

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 2:37 PM July 14, 2011

The Associated Press (AP) on July 14, 2011 released the following: By TOM HAYS Associated Press NEW YORK (AP) The FBI has opened an investigation into allegations that media mogul Rupert Murdochs News Corp. sought to hack into the phones of Sept. 11 victims, a law enforcement official said Thursday. The decision to investigate was made after U.S. Rep. Peter King, a Republican, wrote FBI Director Robert Mueller demanding an investigation, said the official, who spoke to The Associated Press on condition of anonymity because he wasnt authorized to speak publicly. The FBI had received letters from King and other members of Congress. News Corp., based in New York, has been in crisis mode because of a scandal that sank its U.K. newspaper the News of the World. A rival newspaper reported last week that the News of the World had hacked into

the phone of U.K. teenage murder victim Milly Dowler in 2002 and may have impeded a police investigation into her disappearance. More possible victims soon emerged: other child murder victims, 2005 London bombing victims, the families of dead soldiers and former Prime Minister Gordon Brown. The FBIs New York office didnt immediately comment Thursday. There was no immediate response to a phone message left for News Corp. The U.S. attorneys office in Manhattan referred a call to the Department of Justice, which declined immediate comment. On Thursday, Murdoch caved in to pressure from Britains Parliament as he and his son James first refused, then agreed, to appear next week before lawmakers investigating phone hacking and bribery by employees of their newspaper empire. Murdoch began his media career in Australia in 1952 after inheriting The News newspaper after the death of his father, and he has built News Corp. into one of the worlds biggest media groups.

Assets include Fox News, the 20th Century Fox movie studio, The Wall Street Journal, the New York Post and three newspapers in Britain down from four with the death of the News of the World. Also Thursday, Scotland Yard said it had made its seventh arrest related to the inquiry into phone hacking at the nowdefunct tabloid, whose closure was a doomed effort to keep alive a bid for the highly profitable network British Sky Broadcasting. Police didnt disclose the name of the arrested man. 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.

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David Lawless Indicted on Two Counts of Arson and One Count of Using a Destructive Device During a Crime of Violence
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 7:11 AM July 14, 2011

The U.S. Attorneys Office District of Colorado on July 13, 2011 released the following press release: DENVER David Joseph Lawless, age 30, of Denver, was indicted by a federal grand jury yesterday on charges of arson of a building and use of a destructive device during a crime of violence, the Department of Justice and the Lakewood Police Department announced today. Lawless is currently in state custody in Clear Creek County, where he is being held on unrelated state charges. There is no timetable for when Lawless will be transferred from state custody to federal custody. According to the indictment, on June 25, 2011, Lawless did maliciously damage and destroy, and attempt to damage and destroy, by means of fire and an explosive, a building or other real property, namely the building and contents of Borders Books and Music located in the Colorado Mills Shopping Center. Further, the indictment also

alleges that on June 24, 2011 Lawless did maliciously damage and destroy, and attempt to damage and destroy, by means of fire and an explosive, a building or other real property, namely the building and contents of Urban Sombrero Restaurant, located in Denver. Lawless is also charged with knowingly use and carry, or possess, a destructive device, also known as a homemade bomb, during and in relation to a crime of violence, namely the device placed at Borders Books and Music. If convicted of counts 1 and 3, arson of a building and other real property in interstate commerce, Lawless faces not less than 5 years, and up to 20 years in federal prison. If convicted of count 2, use of a destructive device during and in relation to a crime of violence, Lawless faces not less than 30 years, and not more than life imprisonment, consecutive to any other sentence imposed. Both counts also carry a fine of not more than $250,000, plus restitution. This case was investigated by the FBIs Joint Terrorism Task Force, the Bureau of Alcohol, Tobacco, Firearms and

Explosives (ATF), and the Lakewood Police Department, with assistance from the Jefferson County Sheriffs Office, the Jefferson County Bomb Squad, the West Metro Fire and Rescue Department, and the Colorado State Patrol. The defendant is being prosecuted by Assistant U.S. Attorney Greg Holloway. The charges contained in the [indictment] are allegations, and the 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.

Army Private Charged with Attempting to Board Flight While Possessing Small Amount of Explosive
McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 3:33 PM July 14, 2011

The Federal Bureau of Investigation (FBI) on July 14, 2011 released the following: YUMA, AZUnited States Army Private First Class Christopher Eric Wey, 19, was arrested and charged today with Attempt to Carry an Explosive on an Aircraft and Transportation of a Stolen Explosive. On Wednesday, July 13, Wey attempted to board a United Airlines flight from Yuma, Ariz., to Los Angeles. During a standard Transportation Security Administration (TSA) screening at the Yuma International Airport, security officers detected the presence of explosives in Weys baggage. TSA personnel subsequently found one-half ounce of C4 explosive hidden in a tobacco can inside one of Weys bags. Wey was detained for investigation, and

interviewed by Special Agents of the Federal Bureau of Investigation. The Complaint alleges that Wey stole the C4 while attending a recent explosive training course. Authorities found no evidence to believe that Wey intended any harm with the small amount of explosives in his possession. A conviction for Attempt to Carry an Explosive on an Aircraft and Transportation of a Stolen Explosive carries a maximum penalty of 10 years imprisonment, and a $250,000 fine. In determining an actual sentence, the sentencing judge will consult the U.S. Sentencing Guidelines, which provide appropriate sentencing ranges. The judge, however, is not bound by those guidelines in determining a sentence. A criminal complaint 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 in this case was conducted by the Federal Bureau of Investigation. The prosecution is being handled by John Boyle, Assistant U.S. Attorney, District of Arizona, Phoenix. CASE NUMBER: CR-11-9699-M RELEASE NUMBER: 2011-149(Wey) 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 Justice

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Judge Weighs Mistrial in Clemens Case

McNabb Associates, P.C. (Federal Criminal Defense Lawyers)
Submitted at 10:41 AM July 14, 2011

The Wall Street Journal on July 14, 2011 released the following: By Devlin Barrett The judge in the Roger Clemens trial said Thursday he will probably have to declare a mistrial after jurors improperly heard details that he had previously ruled were inadmissible. I cant in good faith leave this case in a situation where a mans liberty is at risk when the government should have taken steps to ensure that we were not in this situation, said Judge Reggie Walton, who is overseeing the trial at federal court in Washington, D.C. I dont see how I can unring the bell. Clemens, considered one of the greatest pitchers in baseball history, is on trial for allegedly lying to lawmakers when he repeatedly claimed under oath in 2008 that he had not used steroids or human growth

hormone. He faces a possible prison sentence if convicted. The second day of testimony came to a grinding halt Thursday morning after prosecutors played tape of Clemens being questioned by a member of Congress. In the video shown to the jury, a lawmaker asks Clemens about statements made by Laura Pettitte, the wife of Andy Pettitte, a friend and former teammate of Clemens on the New York Yankees and Houston Astros. The judge had previously ruled that the jurors would not be told that Ms. Pettitte had confirmed her husbands account that Clemens once admitted using human growth hormone. She told investigators that her husband told her about that conversation shortly after it happened in 1999 or 2000. The judge ruled the conversation with the wife was hearsay, and not admissible. Yet the video shown to the jury showed a mention of that statement by Laura

Pettitte. I think a first year law student would know that you cant bolster the credibility of a witness with clearly inadmissible evidence, Judge Walton told prosecutors on Thursday. There must be a total misunderstanding on the governments part, said the judge. I thought I had made it perfectly clear. 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.

Pittsburgh Crips Gang Member Sentenced to 128 Months in Prison

(USDOJ: Justice News)
Submitted at 3:22 PM July 14, 2011

Statement of Associate Attorney General Thomas J. Perrelli Before the Committee on Indian Affairs on Violence Against Native American Women
(USDOJ: Justice News)
Submitted at 3:25 PM July 14, 2011

A Pittsburgh man was sentenced today to 128 months in prison for conspiring to conduct a racketeering enterprise related to his membership in a Pittsburgh Crips gang, announced Assistant Attorney General Lanny A. Breuer of the Justice Departments Criminal Division and U.S. Attorney David J. Hickton of the Western District of Pennsylvania.

"In anticipation of this years reauthorization of the Violence Against Women Act (VAWA), the Department has been engaging in comprehensive discussions, including formal consultations with Indian tribes, about how best to protect the safety of Native women."

Owner of Fraudulent Physical Therapy Company Pleads Guilty to Medicare Fraud Scheme
(USDOJ: Justice News)
Submitted at 1:50 PM July 14, 2011

Federal Court Permanently Shuts Down Iowa Tax Preparers

(USDOJ: Justice News)
Submitted at 1:49 PM July 14, 2011

A Miami-area resident and owner of a fraudulent physical therapy company in Lakeland, Fla., pleaded guilty today for his role in a scheme to defraud Medicare.

A federal court has permanently barred Howard Musin, his wife Jill SchwartzMusin and their three companies from preparing federal tax returns for others.