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Drug Sting Leads to 44 Arrests in Puerto Rico

Drug Sting Leads to 44 Arrests in Puerto Rico

On October 5, 2012, the Immigration and Customs Enforcement (ICE) announced that 44 people were arrested in eastern Puerto for participation in a drug trafficking and money laundering organization.  The sting was conducted by Homeland Security Investigations (HSI) under the ICE, the Puerto Rico Police Department, and the DEA.  

The indictment stated that Julio L. De Jesus-Gomez, Tania De Jesus-Gomez and Julia Gomez-Calcaño all tried to launder profits from drug trafficking into Luquillo Boat Glass Inc.  The ICE reports that the three defendants bought real estate and other assets by falsifying the source of money.  Purchases included $75,000 for land, $265,000 for property in Fajardo, and more.  

Tania De Jesus-Gomez and Julia Gomez-Calcaño were also indicted for tampering with a witness.  The ICE reports that the two defendants told a witness how to respond to law enforcement if the authorities asked questions about the purchases.

Angel Melendez, the Acting Special Agent in Charge for HIS San Juan, stated: “This case exemplifies that those involved in money laundering and the importation of narcotics and other contraband into and out of our country will be vigorously investigated and prosecuted.  HSI thanks out local, state and federal law enforcement partners for their significant cooperation in dismantling this narcotics and money laundering organization.”

All 44 defendants face a charge for conspiracy to commit drug trafficking.  Some of the members used private boats and boats from the Puerto Rico Maritime Transportation Authority to smuggle large amounts of cocaine and heroin throughout Puerto Rico.  23 of the defendants face additional charges for carrying firearms in connection with the drug trafficking.  

In total, the ICE reports that three leaders, one manager, six drug point owners, four enforcers, one supplier, ten runners, two drug processors, and twenty-four distributors have been charged.  

Source: U.S. Immigration and Customs Enforcement

NYC Supervisory Officials Plead Guilty to Bribery

NYC Supervisory Officials Plead Guilty to Bribery

On October 2, 2012, the US Attorney’s Office for the Eastern District of New York announced that two former supervisors part of the New York City Department of Housing Preservation and Development (HPD) pleaded guilty to bribery charges in a scheme to bribe highly ranked officials and receive much desired construction contracts.  Luis Adorno, who was the inspections supervisor for the HPD, and Michael Provenzano, who was the former HPD director of construction services, pleaded guilty.  

 
The FBI reports that HPD is the biggest municipal developer of affordable housing in the country.  According to complaint documents, Provenzano received bribes numerous $10,000 bribes over a span of several years in return for making inspection reports to the hired contractor.  The FBI also reports that Adorno received a $100,000 bribe from a general contractor in return of awarding the contractor with construction contracts.  
 
FBI Assistant Director in Charge, Mary Galligan, stated: “As alleged, these defendants flouted their responsibilities as city employees to profit personally.  When public employees favor bribe-payers, inevitably the city and the public stand to lose.  The city gets substandard goods or services or pays above market rates for them or the public is otherwise at risk.” 
 
Both Provenzano and Adorno face a maximum penalty of 10 years in prison.  The investigation was handled by the Internal Revenue Service’s Criminal Investigation in New York, the United States Department of Housing and Urban Development (HUD), and the New York City Police Department, and the FBI.  United States Attorney Lynch thanks the organizations for their assistance.  
 
DOI Commissioner Gill Hearn commented, “These two ex-employees lost their city jobs and are now felons who have admitted taking bribes.  Their conduct shows the peril and foolishness of corruption.  We will continue to work with our partners in law enforcement and our colleagues in city government to expose, stop, and prevent corruption and protect the city and its taxpayers from this kind of abuse.” 
 
Source: Federal Bureau of Investigation

11 Russian Procurement Network Members Charged and Arrested

11 Russian Procurement Network Members Charged and Arrested

 

On October 3, 2012, the US Attorney’s Office for the Eastern District of New York announced that a Russian agent and 10 other members of a procurement network for the Russian Military and Intelligence were arrested while operating in the United States.  The individuals were charged for their part in exporting high-tech microelectronics form the U.S. to Russia.  The agent, Alexander Fishenko, was also charged for operating an unregistered agent for Russia while in the United States. 
 
The microelectronics are strictly controlled by the U.S government because they can be used in military systems like radar, surveillance systems, guidance systems for weapons, and detonation triggers.  
 
According to the indictment, Fishenko founded a company called Arc Electronics Inc. in Houston after he immigrated to the U.S. in 1994.  Between 2002 and before being arrested, Fishenko is believed to have shipped about $50,000,000 worth of microelectronics and other types of technology to Russia.  Fishenko is also part owner of Apex System LLC in Moscow, which is a supplier of military equipment to the Russian government.  
 
In order to export the technologies, the defendants reported false information concerning the purchase of the technology, hid the fact that they were exporters, and falsely identified the technologies in record submitted to the Department of Commerce.  The FBI reports that the defendants used sophisticated techniques to hide their procurement activities with the Russian military.  
 
The Department of Commerce also compiled a list of 165 foreign companies and persons that receives, transported, or allowed for the exportation of the technologies.  The defendants are Arc Electronics Inc., Apex System LLC, Alexander Fishenko, Shavat Abdullaev, Lyudmila Bagdikian, Anastasia Diatlova, Viktoria Klebanova, Sergey Klinov, Alexander Posobilov, Yuri Savin, Dmitriy Shegurov, Sevinj Taghiyeva, Svetalina Zagon.  
 
FBI Special Agent in Charge, Stephen L. Morris, announced, “In this day and time, the ability of foreign countries to illegally acquire sensitive and sophisticated U.S. technology poses a significant threat to both the economic and national security of our nation.”  
 
Source: Federal Bureau of Investigation

Man Deported for Murder, Extortion, and Organized Crime

Man Deported for Murder, Extortion, and Organized Crime

 

On October 2, 2012, the Enforcement and Removal Operations (ERO) under the Immigration and Custom’s Enforcement announced that a Salvadorian man was deported to his home country because he is wanted for murder, organized crime, and extortion.  The man’s name is Walter Fernando Alfaro-Pineda.
 
Officers under the Criminal Alien Program met with Alfaro-Pineda at Lee County Jail in Texas after officers retrieved an Interpol fugitive warrant after his arrest on June 18.  He was then released into custody of the ERO and sentenced by an immigration judge on September 5, 2012.
 
The Salvadorian fugitive was removed by the country on a charter flight by the ERO’s Air Operations Unit (IAO).  The ERO reports that 500 foreign fugitives have been removed from the United States since October 1, 2009.  The fugitives have been accused of serious crimes like rape, kidnapping, major drug offences, murder, and more.
 
David W. Jennings, a field office director at ERO Houston, stated, “This removal is the positive result of ICE’s thorough screening of jails and prisons throughout the nation.  This case is representative of the hard work and service by ERO and our law enforcement partners to ensure public safety.”
 
The Criminal Alien Program under the ERO attempts to identify fugitive aliens that are located in jails and prisons in the United States.  Targeting is mainly accomplished by conducting interviews and reviewing an inmate’s biographical information within their record.  Some of the criminal may stay in U.S. jails to finish their sentencing in this country before being deported and tried in their own country.
 
The ERO decides to hold the criminals or immediately deport the criminals based on their level of risk and the severity of the crimes in the home country.
 
Source: U.S. Immigration and Custom’s Enforcement

FDA Cracks Down on Illegal Internet Pharmacies

FDA Cracks Down on Illegal Internet Pharmacies

 

On October 4, 2012, the Food and Drug Administration announced that it took action against over 4,100 internet pharmacies that are illegally selling dangerous or unapproved drugs this week.  The FDA partnered with numerous law enforcement and international regulatory agencies.  
 
The FDA reports that this year’s effort to control online sales and distribution is called Operation Pangea V.  The initiative occurred between September 25 and October 2, and over 18,000 illegal pharmaceutical websites were shutdown and more than $10.5 million was seized worldwide.  
 
The FDA identified a large number of illegal medicines sold by the pharmaceutical websites: 
 
• Domperidone: the medicine was removed from the United States in 1998 because it can cause an irregular heartbeat, sudden stop of the heart, and even sudden death.  The medicine is used for increasing milk production in nursing mothers. 
• Isotretinoin (Accutane): the medicine is strictly controlled and used to treat serious nodular acne.  The medicine has serious side effects like birth defects, so the medicine has restrictions in the U.S. 
• Tamiflu: this drug is used to treat the flu and is often sold in its generic form online.  There is no FDA-approved generic version of the drug, and the FDA reports that many generic version contain the wrong active ingredients.  
• Viagra: the drug is used to treat erectile dysfunction and is strictly regulated because it dangerous when used by people with certain heart conditions.  
 
The FDA reports that it also sent warning letter to over 4,100 websites.  According to FDA Commissioner Margaret A. Hamburg, M.D., “Consumers in the United States and around the world face a real threat from Internet pharmacies that illegally sell potentially substandard, counterfeit, adulterated, or otherwise unsafe medicines.  The week’s efforts show that strong international enforcement efforts are required to combat this global public health concern.” 
 
Source: U.S. Food and Drug Administration

Man Receives 41 Months for Threatening Pro-Life Supporters

Man Receives 41 Months for Threatening Pro-Life Supporters

 

On October 3, 2012, the U.S. Attorney’s Office for the Southern District of New York stated that Theodore Shulman, a pro-choice supporter, was sentenced in a Manhattan federal court to 41 months in prison after he threatened to kill to pro-life supporters.  The announcement was made by Preet Bharara, the U.S. Attorney for the Southern District of New York.  
 
The FBI reports that Mr. Shulman pled guilty in May of 2012 to “one count of transmitting a threat to injure another person.”  The guilty plea was presented before United States District Judge Paul A. Crotty, who also issued the sentence on October 3.  
 
According to court documents, Mr. Shulman made a threat to two pro-life advocates on January 14, 2010.  Mr. Shulman made the threat by post a message on a blog called “SecondHandSmoke” on the website, FirstThings.com.  The FBI reports that the message read, “If Roeder is acquitted, someone will respond by killing [Victim-1] of [the university] and [Victim-2] of Priests of Life.”  
 
The Roeder comment applied to Scott Roeder.  He was convicted in 2010 for murdering Dr. George Tiller, who provided abortions.  The FBI reports the threat was serious after they found cyanide, castor beans, and rosary peas in Shulman’s possession during his arrest on February of 2011.  
 
U.S. Attorney Preet Bharara stated, “The vibrant exchange of ideas that is a hallmark of our society does not include threats.  As Theodore Shulman’s sentence makes clear, advocating one’s point of view through threats of violence is illegal conduct that will be punished.” 
 
Shulman is also sentenced to three years of supervised release.  The FBI was responsible for the investigation.  The prosecution was handled by Assistant United States Attorneys Kan M. Nawaday and David Miller who were part of the Office’s General Crimes Unit.  
 
Source: Federal Bureau of Investigation

Alabama Police Officer Accused of Excessive Force

Alabama Police Officer Accused of Excessive Force

 

On October 3, 2012, the US Attorney’s Office for the Northern District of Alabama announced that Corey L. Hooper, a Birmingham police officer, was convicted by a federal jury after he used excessive force on a handcuffed defendant in 2007.  The announcement was made by U.S. Attorney Joyce White Vance and FBI Acting Special Agent in Charge Robert E. Haley, III.  
 
In July of 2012, the federal jury indicted officer Hooper after he was charged with violating the civil rights of two apprehended individuals while he was on the job.  Both incidents occurred in 2007, and Mr. Hooper is still employed as a Birmingham police officer to this date.  
 
During the trial, it was found the officer Hooper repeatedly struck Martez Gulley with his hands and fists while Gulley was handcuffed and sitting in the backseat of the patrol car.  The incident occurred on September 6, 2007.  After deliberating for less than an hour and a half, the jury found Corey L. Hooper “guilty of depriving the civil rights of Martez Gulley.  Hooper was found not guilty for the second charge where he used a X26 taser stun gun on a handcuffed defendant on August 4, 2007.  
 
U.S. Attorney Joyce White Vance stated, “Few police officers violate their oaths to uphold the law and protect the public, but those who do must be held accountable, as this defendant was today.  I thank the FBI for its hard work compiling the evidence in this case.  This was the district’s first civil rights trial since my office formed a Civil Rights Enforcement Unit to expand the office’s work in enforcing civil rights laws.  We are committed to aggressive civil rights enforcement.” 
 
Officer Hooper faces a maximum penalty of 10 years in prison and a fine up to $250,000.  
 
Source: Federal Bureau of Investigation

Every Person Deserves a Zealous Advocate, Says Texas Criminal Defense Attorney

Every Person Deserves a Zealous Advocate, Says Texas Criminal Defense Attorney

San Antonio, TX—For Demetrio Duarte, defending people accused of crimes has been a career for over 25 years.  Duarte told laws.com in a recent interview that his upbringing made him realize how badly criminal defenders are needed.

“Being a young Hispanic male in the 1960s and 1970s in South Texas, I witnessed a lack of legal representation in my community,” he recalls.  “This led to a growing desire to defend people of all communities, but in particular, those in my community who were in severe need of help.”

(More on News at LAWS.com, Contact Alberto for interviews “support@laws.com”)

After going to the University of Texas Law School in Austin, Duarte took a job at the Bexar County District Attorney's Office, which he says “gave me the mentorship I needed” to get started in criminal law.  He later struck out on his own, starting a solo practice.

Today, Demetrio Duarte, Jr. & Associates, P.C. represents clients in a wide variety of legal situations.  Trying to decide which cases to take is a matter of careful consideration for Duarte.  “I would say that 95 percent of the people who walk into a criminal defense attorney's office are guilty of something, and they all need help because of a mistake they have made,” he says.  “Helping people who want to be helped and who admit that they have issues are always easier to assist than those who demand a guarantee of a favorable result from me.”

This last type of client is often worth avoiding, according to Duarte.  “Typically, those who seek a guarantee of a favorable result and are demanding have to do with organized crime, and those are cases I try to avoid.  I prefer to work with clients who have realistic expectations.”

Doing criminal defense work in 2013 may be harder than ever, according to Duarte.  “Over the years, I have seen such an erosion of Miranda rights and civil liberties in favor of the government and the police, and less and less in favor of the protection of the individual.  Standing up for individuals' rights has become extremely difficult for defense attorneys today because of this.”

New types of evidence can also lead to more convictions, Duarte says.  “It's harder to try cases in court nowadays, because of the amount of technology that we have today that we didn't before.  Now, we have DNA, videotapes, cell phone cameras, and street corners with video surveillance—this makes it more difficult to try cases.”  As a result, plea bargains are up and trial numbers are down versus just a decade ago.

Duarte believes that new attorneys, regardless of where they went to law school or what practice area they want to specialize in, should find a mentor.  “There are many attorneys who are willing to help a student out, if only they ask.  There is no need to start trying cases without the assistance of an attorney with experience who can guide you in the beginning of your career,” he says, noting that he mentors several young attorneys today.  “Leave your pride aside and ask for help when you first start practicing law.”

Demetrio Duarte, Jr. & Associates, P.C. operates as a team. Each player on the team focuses on moving all issues forward toward a goal in. The attorneys in the law firm are committed to treating client matters as if they were their own. To learn more about his practice click here.

Conduct Disorder

Conduct Disorder

Conduct Disorder

Conduct disorder refers to a mental condition that describes individuals that display a callous lack of empathy for others and typically display aggressive and antisocial behavior without regards to the pain inflicted on others.  Conduct disorder is often hard to diagnose but typically affect young persons that display anti-social behavior such as vandalism and cruel behavior.
How is conduct disorder identified?
The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association maintains a classification system to diagnose potential conduct disorder.  The criteria are categorized in the following manner:
– Aggression to people and animals (fighting, bullying, use of weapons, cruelty)
– Destruction of property (setting fires to destroy property)
– Deceitfulness or theft (stealing, conning and shoplifting)
– Serious violations of rules (truancy and violations of curfew)
Typically, any combination of these three criteria within 12 months diagnoses some form of conduct disorder, ranging from mild to moderate or severe.  Clearly, the mild categorization, despite some causes for concern, does not typically label the child a danger to others.  Persisting symptoms of conduct disorder however, may cause concern, especially if these symptoms do not dissipate with age.
How does environment affect conduct disorder?
Conduct disorder typically affects only a small percentage of children, but this is more common for children that have poor parenting or live in a violent area.  This may change the behavior of the child toward delinquency and antisocial behavior due to a lack of guidance or factors that encourage such behavior, such as peers with conduct disorder.
What are the long term consequences of conduct disorder?
Failure to treat or mistreating conduct disorder can lead to further alienation and escalation of the child’s antisocial behavior.  With an improper or confrontational approach, the conduct disorder can be exacerbated or the child may lash out in other ways, potentially even becoming self-destructive.  This behavior can also lead to mental health issues in adulthood, which will eventually lead to serious a repeating cycle of destructive behavior.
How can conduct disorder be managed?
Conduct disorder is usually best managed by the family with the aid of mental health professionals.  This is because behavior associated with conduct disorder is frequent and rarely understood by others.  The parents are typically the best equipped to work with their child to ensure their long term emotional health and development.  The mental health professional will offer advice to help the child cope with violent or destructive urges and try to establish protocol to deal with further incidents of conduct disorder.

Gang Rape

Gang Rape

Gang Rape

The term gang rape is involuntary sexual intercourse by two or more persons.  This usually includes an element of coercion or date rape on the part of the attackers.  Individuals that do not participate in the intercourse but witness or otherwise facilitate the attack will be held liable, to differing degrees, according to state laws.  California, for instance, made the failure to report an attack on a child under 14 illegal.
The victim can never be blamed for rape and other forced sexual contact especially due to prior intoxication, drug use, clothing worn by the victim or any comments made the attackers prior to the assault.  Every jurisdiction in the United States will protect the victim’s identity and prevent further contact between the victims and accused.
What is the relationship between date rape and gang rape?
Victims of gang rape are sometimes under the influence of drugs or alcohol, which will make them more compliant than in normal circumstances.  Of course, pure coercion and physical force can be the only factors in the gang rape case, but there are typically substances affecting the victim during the assault.  The use of drugs during a gang rape will entail very severe penalties added to other charges.  Remember that rape does not always entail intercourse and can constituted forced inappropriate touching, fellatio and other sexual violations.
What to do if you are the victim of a gang rape
If you were gang raped or suspect that you were gang raped but cannot remember due to intoxication or involuntary drugging, you need to call the police immediately so that you can be taken to a hospital.  You will be examined at the hospital and DNA samples will be taken.  Washing and other hygienic actions pose the risk of destroying vital evidence that can identify the attackers.  
Based on the evidence collected, the police will be able to make a determination on the possible culprits.  Rape carries stiff criminal penalties and even facilitating the attack or protecting the culprits will lead to secondary penalties for accomplices and other parties to the time.
What to do after the culprits have been caught
There exist many support networks and groups that help rape victims, both male and female cope with emotional and mental trauma associated with sexual violence.  Experts in particular have identified fear of audiences and crowds among gang rape victims, which affect them for an extended period of time after the assault has occurred.  These groups will generally contain experts on rape victim rehabilitation and will be able to facilitate healing, if possible, for the victim.  Gang rapes are typically violent and psychologically damaging, which leads to increased thoughts of suicide and drug use.  Studies have shown that women that have been victims of gang rape are more likely to seek help or contact the police than those that suffer from individual rape, but suffer severe long term psychological damage.  They have rates of alcohol and drug abuse consistent with other rape victims.
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