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Ohio Deputies Indicted on Civil Rights Charges
Breaking Legal News | 2006/12/08 10:55

WASHINGTON – Two Lucas County, Ohio, sheriff’s deputies were charged today with violating the civil rights of a juvenile who was in their custody, conspiring to obstruct and actually obstructing a federal investigation of the incident. The two defendants, Troy Jackson, 45, and Marc Odoms, 38, both of Toledo, were charged with violations of federal law for depriving the rights of the victims while acting in their official capacity as sheriff’s deputies, tampering with witnesses and conspiring to obstruct justice. Odoms was also charged with making false statements.

The indictment charges that on Jan. 20, 2005, Jackson, while on official duty, physically assaulted a handcuffed juvenile detained at the Lucas County Juvenile Justice Center by striking him multiple times in the eye and the side of the face. The indictment further charges that Odoms watched the assault and failed to intervene and that Jackson and Odoms subsequently both agreed to and eventually did obstruct a federal investigation of the assault by creating false written reports and making false statements to authorities investigating the incident.

If convicted, both men face a maximum sentence of 10 years in prison and fines of $250,000 on each criminal civil rights and obstruction charge. Odoms faces an additional five years in prison on the false statements charge.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials. In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Department of Justice has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years.

An indictment is merely an accusation and the defendants are presumed innocent unless proven guilty.

The case is being prosecuted by Trial Attorneys Kristy L. Parker and Eric Gibson of the Justice Department’s Civil Rights Division and by the U.S. Attorney’s Office for the Northern District of Ohio.



New Orleans Airport To Benefit From Fema Funds
Breaking Legal News | 2006/12/08 10:53

NEW ORLEANS, La. -- The Louis Armstrong New Orleans International Airport was obligated $2.27 million by the Department of Homeland Security’s Federal Emergency Management Agency, it was announced today.

When Hurricane Katrina tore through Louisiana last year, the airport was converted into a shelter that housed stranded passengers, evacuees, trauma victims, airport staff and emergency personnel. Part of the funds obligated today will go towards reimbursement for food, water, electrical services and other emergency services needed during that critical time.

The funds will also cover permanent repairs and renovations to various buildings across the site, including the Airborne Express building, the Hertz Rental Car facility and the Perishable Goods building. Additional work covered includes replacement of Dell Power Pack computers and battery packs for the terminals, damages to uninsured fleet vehicles and for the use of a 1500-gallon fire truck during the emergency.

When projects are obligated by FEMA, the funds are transferred to the state. This allows the state to draw down the monies and distribute them to the local applicants. The state may require additional documentation from the applicant before disbursals are made.

The Public Assistance program works with state and local officials to fund recovery measures and the rebuilding of government buildings, roads and bridges, schools, water and sewer plants, recreational facilities owned by government agencies, some facilities owned by nonprofit agencies, and other publicly owned facilities. FEMA can set aside money to bring each project back to its pre-disaster function and capacity, and the state distributes the money. In order for the process to be successful, federal, state and local partners coordinate to draw up project plans, fund these projects and oversee their completion.

FEMA manages federal response and recovery efforts following any national incident, initiates mitigation activities and manages the National Flood Insurance Program. FEMA works closely with state and local emergency managers, law enforcement personnel, firefighters and other first responders. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003.



FDA Investigating Taco Bell E. Coli Infections
Breaking Legal News | 2006/12/07 11:35

The Food and Drug Administration is assisting in the investigation of an outbreak of E. coli O157 infection in consumers associated with eating food from several Taco Bell restaurants in Northeastern states. FDA is actively working with state and local health officials, the U.S. Centers for Disease Control and Prevention (CDC), the firm, suppliers and distributors to determine the cause of the sicknesses and prevent additional infections.

States reporting probable cases associated with the outbreak are: New Jersey (20); New York (15); Pennsylvania (7); and Delaware (1). Additional cases are suspected in these states and in Connecticut. Thirty five individuals have been hospitalized, three with hemolytic uremic syndrome (HUS). No deaths have been reported to date. CDC reports that the first reported onset of illness connected with this outbreak occurred on November 20, 2006; the latest on December 2, 2006.

This morning, Taco Bell Corp. announced it was voluntarily removing green onions from its restaurants nationwide after preliminary tests by the firm indicated the possible presence of E. coli O157:H7 in samples of the product. To date the confirmatory test has not been reported by Taco Bell. In view of this FDA is continuing to explore the possibility of other food commodities being the source of the E. coli.

FDA is obtaining samples of all non-meat items served in the restaurants that could carry the pathogen. These include cilantro, cheddar cheese, blended cheese, green onions, yellow onions, tomatoes and lettuce. The samples will be tested at FDA laboratories. The states involved are testing as well. At this time the agency does not have data implicating or ruling out any of these items.

FDA also is working with Taco Bell Corp. and its suppliers and distributors to obtain information on sources and distribution of products, to aid in tracing back any products identified as contaminated with the pathogen. The agency continues to cooperate with CDC and state and local health officials to determine the specific cause of the outbreak and prevent further illnesses.

Infection with E. coli O157 causes diarrhea, often bloody. Although most healthy adults can recover completely within a week, some people can develop hemolytic uremic syndrome, a form of kidney failure. HUS is most likely to occur in young children and the elderly. The condition can lead to serious kidney damage and even death.

Consumers who are concerned that they may have contracted E. coli O157 infection should notify your local health department, contact their physician or health care provider or seek medical attention, as needed.

FDA will provide regular updates on this investigation as more information becomes available.



Roy Belfast Jr. Indicted on Torture Charges
Court Watch | 2006/12/07 09:46

WASHINGTON – A federal Grand Jury in Miami charged Roy Belfast Jr. with various crimes related to the alleged 2002 torture of a person in Liberia, Assistant Attorney General Alice S. Fisher of the Criminal Division, U.S. Attorney R. Alexander Acosta of the Southern District of Florida, Assistant Secretary Julie L. Myers for Immigration and Customs Enforcement (ICE), and Assistant Director Joseph Billy Jr. for the Counterterrorism Division of the Federal Bureau of Investigation announced today.

           Roy M. Belfast Jr., 29, aka Chuckie Taylor, aka Charles Taylor, Jr., aka Charles Taylor II, aka Charles McArther Emmanuel, was charged in an indictment returned today by a federal grand jury in Miami with one count of torture, one count of conspiracy to torture, and one count of using a firearm during the commission of a violent crime. The indictment charges Taylor, son of former Liberian President Charles Taylor, with participating in the torture of an individual on or about July 24, 2002, in and around Monrovia, Liberia. The defendant, who was born in the United States, is alleged to have been serving in his father’s government in Liberia at the time of the incident.

According to the indictment, on or about July 24, 2002, the victim was abducted from his home and transported to various locations, finally arriving at the residence of then-Liberian President Taylor.  The defendant observed questioning of the victim at this location.  The victim was then transported for continued interrogation to the residence of a co-conspirator, who was a member of the Liberian Special Security Service.

           According to the indictment, while at this residence, the defendant and others tortured the victim. The torture included repeatedly burning the victim's flesh with a hot iron, burning various parts of his body with scalding water, including forcing the victim to hold scalding water in his hands at gunpoint, repeatedly electrically shocking the victim's genitalia and other body parts, and rubbing salt into the victim's wounds.

“This marks the first time the Justice Department has charged a defendant with the crime of torture,” said Assistant Attorney General Fisher. “Crimes such as these will not go unanswered.”

“The allegations in this case include acts of torture, such as burning flesh with a hot iron, burning flesh with scalding water, and applying electric shocks,” U.S. Attorney Acosta stated. “Such conduct is criminal and constitutes torture and must be prosecuted.”

“Today’s indictment against Charles "Chuckie" Taylor marks a key milestone in ICE’s longstanding efforts to bring human rights violators to justice,” said Assistant Secretary Myers.  “This is a clear message that the United States will not be a safe haven for human rights violators.”              

“This case is a demonstration of our tireless efforts to ensure that justice is served,” said Assistant Director Joseph Billy, Jr. of the FBI.    

         This defendant is currently in federal custody in connection with a criminal charge of passport fraud, to which he pleaded guilty on Sept. 15, 2006.  His sentencing is scheduled for Dec. 7, 2006. This defendant is being prosecuted under a statute that criminalizes torture and provides U.S. courts jurisdiction to hear cases involving acts of torture committed outside the United States if the offender is a U.S. national or is present in the United States, regardless of nationality.

           The statutory maximum penalty for conviction on all offenses is life imprisonment.

           An indictment is merely an accusation.  All defendants are presumed innocent until proven guilty at trial beyond a reasonable doubt.

           The joint investigation is being conducted by ICE and the FBI.  The case is being prosecuted by Trial Attorney John Cox of the Criminal Division, Assistant U.S. Attorney Karen Rochlin of the Southern District of Florida, and Trial Attorney Brenda Sue Thornton of the National Security Division.



Former U.S Army Contractor Pleads Guilty to Bribery
Court Watch | 2006/12/07 09:34

WASHINGTON – A former Director of Contracting for the U.S. Army has pleaded guilty to accepting bribes in exchange for awarding U.S. Army contracts at an Army recreational facility in Germany and to filing false federal income tax returns, Assistant Attorney General Alice S. Fisher for the Criminal Division announced today.

Steven G. Potoski, 46, of Shriesheim, Germany, a former civilian employee of the U.S. Army, pleaded guilty to a criminal information charging him with one count of bribery and three counts of filing false tax returns in U.S. District Court in the Eastern District of New York in Central Islip before Judge Sandra J. Feuerstein.

According to the information filed, between August 1998 and July 2005, Potoski served as Director of Contracting for the Edelweiss Lodge and Resort, Armed Forces Recreation Center (AFRC Europe), in Garmisch, Germany. The Department of the Army serves as the executive agent for the AFRC Europe and operates it on behalf of the Department of Defense. Patrons at the AFRC Europe include active duty U.S. military personnel serving in Afghanistan and Iraq.

While serving as Director of Contracting, Potoski accepted bribes from contractors and subcontractors in exchange for contract awards related to work at the AFRC Europe. To fund and conceal the bribes, the contractors and subcontractors agreed with Potoski to fraudulently inflate the price of the contracts and to submit the inflated contracts to Potoski for approval. In some instances, the contractors and subcontractors would pay Potoski, and others at Potoski’s direction, the difference between the inflated and actual contract price. In other instances, the contractors and subcontractors would split with Potoski the difference between the actual and the inflated price of the contract. In all, Potoski accepted over $350,000 in bribes from 15 contractors or subcontractors – two American contractors, 12 German contractors, and one British contractor. Potoski also accepted bribes from defense contractors in the form of home renovations, automobile maintenance, airline tickets, hotel rooms and furniture, among other things.

Potoski faces a maximum sentence of 15 years in prison and a $250,000 fine for the bribery count and a maximum of three years in prison and $100,000 fine for each count of filing false tax returns.   The case was investigated by the U.S. Army Criminal Investigation Division Command and the Internal Revenue Service-Criminal Investigations Division. It is being prosecuted by Deputy Chief Steve A. Linick and Trial Attorney Suzanne R. Clement of the Fraud Section of the Criminal Division, with assistance from Allen Bode, Assistant U.S. Attorney, Eastern District of New York.

This case is part of the National Procurement Fraud Initiative that was announced by Deputy Attorney General Paul J. McNulty in October 2006, which is designed to promote the early detection, identification, prevention and prosecution of procurement fraud associated with the increase in contracting activity for national security and other government programs. As part of this initiative, the Deputy Attorney General has created the National Procurement Fraud Task Force, which is chaired by Assistant Attorney General Alice S. Fisher, and which includes U.S. Attorneys’ Offices, the FBI, the U.S. Inspectors General community, and a number of other federal law enforcement agencies.



US Marines prepare charges in Iraqi civilian killings
Breaking Legal News | 2006/12/06 10:38

The US military is close to charging at least five US Marines in connection with the deaths of 24 Iraqi civilians in Haditha last November, a military spokesperson said late Tuesday. Though specific details have not yet been disclosed, some Marines may be charged with murder and others with the lesser charge of negligent homicide. The 24 deaths prompted two separate military investigations: one conducted by the Naval Criminal Investigation Service (NCIS), aimed at determining whether to prosecute the soldiers involved, and an investigation into decisions made by Marine leadership led by US Army Major General Eldon Bargewell. An anonymous US official familiar with the NCIS investigation, speaking in May, suggested the Marines murdered in cold blood, and the probe concluded in August that evidence exists to support murder allegations. Bargewell's report has not yet been released, but officials briefed on the investigation said that there was evidence that soldiers concealed and destroyed evidence relating to the incident and were reluctant to hand over evidence.

Lt. Col. Jeffrey R. Chessani, the US Marine commander in charge of the Third Battalion, First Marine Regiment implicated in the Haditha incident, told the Washington Post in August that he did not order an immediate investigation into the deaths because he did not suspect any wrongdoing. Lt. Gen. James Mattis, the officer responsible for determining whether to charge the Marines involved, attracted press attention in 2005 when he told a panel discussion that "It's fun to shoot people".



Italy prosecutors seek indictments in CIA abduction
International | 2006/12/06 10:38

An Italian prosecutor on Tuesday requested the indictment of 26 Americans and five Italian secret service officials in the 2003 kidnapping of an Egyptian cleric in Milan - a case that continues to be an irritant to U.S.-Italian relations.

Prosecutor Armando Spataro said the indictment request is aimed at CIA agents and the former head of Italian military intelligence, Nicolo Pollari, for alleged involvement in the kidnapping.

Prosecutors have identified all but one of the Americans as CIA agents, including former station chiefs in Rome and Milan, and the 26th as a U.S. Air Force officer stationed at the time at Aviano air base near Venice.

Last month, Spataro asked the center-left government of Romano Prodi to request the Americans' extradition; he has not received a response.

The operation was believed to be part of an alleged CIA "extraordinary rendition" program in which terrorism suspects are transferred to third countries where some allegedly are tortured. It is the first known prosecution of alleged participants in such operations, which have come under growing criticism by America's allies in Europe.

The United States and Italy have an extradition treaty, although it was not likely that CIA agents would be turned over for trial abroad. In some instances, only the aliases of the agents are known.

The previous government of conservative Silvio Berlusconi had refused to request the Americans' extradition, and contended his government and Italian secret services were not informed about the operation and did not take part.

Berlusconi, one of the United States' staunchest allies in the war against terrorism and the invasion of Iraq, expressed support for Pollari.

"Gen. Pollari was one of the few to fight terrorism in the front lines, with the result that he came under the scrutiny of all Italians. Let's ask the government how it intends to protect those like Pollari who go up against terrorists, and the good name of our intelligence and Italy's reputation abroad," Berlusconi said.

Pollari was replaced last month as part of a purge that also included the heads of the civilian secret service agencies. Pollari, 63, had long resisted calls for his resignation that only intensified with the abduction case. He took over SISMI, the Italian military intelligence agency, in 2001 after holding key posts with Italy's financial police and civilian secret service agency.

Besides Pollari, the request also names his former deputy Marco Mancini, and three other secret service officials.

Pollari has insisted in questioning before parliamentary committees that Italian intelligence had no role in the cleric's disappearance, while Mancini, who was arrested this summer, is said by his lawyers to be cooperating with prosecutors in implicating his boss.

Osama Moustafa Hassan Nasr, an Egyptian cleric and terrorist suspect, also known as Abu Omar, was allegedly abducted from a Milan street in February 2003 and flown out of Italy from Aviano.

Among the Americans named in the request are Robert Seldon Lady, a former station chief in Milan, and Jeffrey Castelli, identified as a former CIA chief in Rome.

Spataro also is seeking indictments on charges of aiding and abetting against two other secret service officials and the deputy director of the newspaper Libero, Renato Farina. Four others - three secret service officials and a reporter for Libero - were dropped from the investigation.

From the outset, U.S. officials have declined comment. A lawyer for Lady, the only American who was living in Italy when arrest warrants were issued, said she was surprised by the indictment request.

"Even the documents of the prosecution show that he was not an organizer. If anything, he was someone who obeyed orders," lawyer Daria Pesce said.

Lady left the country before the warrant was served. Pesce said he lives in the United States, but declined to say where.

Prosecutors raided Lady's home near Turin last year, collecting a central piece of evidence - a picture of Nasr taken in January 2003 on the street where he was allegedly abducted a month later.

In another case, lawmakers from an Italian communist party demanded Tuesday that the government take action in the case of Abou Elkassim Britel, a Moroccan-born Italian citizen whose family and lawyer say was seized during a 2002 trip to Pakistan, tortured and interrogated by U.S. intelligence and local officials, then put on a CIA flight to Morocco, where he is serving a nine-year prison sentence on terrorism charges.

A report issued last week by the European Parliament committee investigating alleged CIA kidnappings and prisons in Europe condemned Britel's extraordinary rendition and said documents presented by lawyer Francesca Longhi show the Italian Interior Ministry cooperated with the foreign secret services who seized him.

Longhi and the lawmakers told reporters in Rome that Britel was sentenced in Morocco on the basis of a 2001 Italian terror investigation that has since been closed without any charges being brought.



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