BANGOR (Feb 19): A Native American group comprised of prison inmates is suing Maine State Prison Warden Jeffrey Merrill, among other prison officials, for refusing to permit the group reasonable accommodations to practice its religion.

The group, Sacred Feather, has 27 members and was formed in December 1998. It filed a similar lawsuit against Merrill in May 2003, but the case was dismissed seven months later in December of that year. According to the most recent lawsuit, the 2003 case was dismissed and attorneys for the Maine Department of Corrections and Sacred Feather entered into a settlement agreement, which expired, as stipulated, on Dec. 23, 2005.

Since that time, Sacred Feather alleges it has attempted to retain "religious freedom" and "quality of religious practices" afforded other religious faith inmate groups, to no avail.

One of the things that has not been in keeping with fair treatment, according to Sacred Feather, has been the requirement that smudging ceremonies take place in a location described as a high-traffic area of the prison grounds.

In a smudging ceremony, sacred tobacco and sweet grass are burned in a ceremonial smudge bowl. Then, as group members stand in a circle in prayer, the resulting smoke is blown onto each member's face and body with an eagle feather.

Holding the smudging ceremony between buildings in a heavily traveled part of the prison's outdoor yard results in "many onlookers and derogatory comments made both from passing non-Native American inmates and from prison guards," claims Sacred Feather.

In the court document, Sacred Feather states that its Native American members are entitled to practice their religion with dignity and with accommodations equal to those afforded to Catholic and Protestant groups. Sacred Feather alleges that continues to not be the case at Maine State Prison.

Sacred Feather points to the prison's provision of a chapel where Catholics and Protestants can privately practice their religions and of office space and funds to purchase office supplies and other items needed to practice their religious faith.

"Catholics are provided weekly services, their own priest, inmate clerks and the ability to take Communion every week," states the court document. "Candles are burned during the weekly services, and holidays of special religious significance, like Christmas, Easter and Ash Wednesday, are also fully observed and accommodated at the prison."

Sacred Feather also alleges that accommodations are provided for Protestant Kairos groups in the prison but not for the Native American group. One example cited is the prison's provision of a space for the inmate Protestant group and an outside Protestant group to conduct their Kairos ceremony, for which the prison also provides, without charge, extra guards to monitor the large group.

Sacred Feather alleges that prison officials have failed to provide religious items agreed to when the group first formed in 1998, including a medicine bag, drums, eagle feathers, sweet grass, a sacred pipe, tobacco ties, sage, cedar and a smudge bowl.

Sacred Feather further alleges that prison officials have canceled smudging ceremonies more than 18 times since 2003 and have not provided a shelter for smudging ceremonies held in inclement weather.

"Reasons for the cancellations range from 'No officers are available' or 'We are not feeling like it,'" states Sacred Feather in the court document.

And despite earlier agreeing to continue to communicate about whether it is possible to erect a sweat lodge for sweat lodge ceremonies, prison officials have been reluctant to communicate about resolving the issue, alleges Sacred Feather.

"Prison officials have also denied the plaintiffs powwows, ceremonial foods and ceremonial music," states Sacred Feather in the court document. "Though the defendants plan, prepare and pay for ceremonial foods of Christian religions at major Christian holidays, no such accommodation is made for Native American festivals or holy days."

Sacred Feather is demanding that the court find in its favor in terms of it being entitled to the same level of accommodation and dignity as inmates practicing Christian religions.

Sacred Feather is seeking the right to hold twice-weekly smudging ceremonies and twice-monthly pipe ceremonies, in a location that provides privacy and does not subject the ceremonies to cancellation due to inclement weather. It also seeks permission to construct a sweat lodge, and to hold sweat-lodge ceremonies at least monthly.

Sacred Feather also seeks to have its members be allowed to retain religious items in their prison cells in order to practice their religion daily, as well as entitlement to a proportionate share of the funds provided to other religious groups at the prison.

Along with requiring that Merrill issue a directive to his staff prohibiting any form of retaliation against members of the group, Sacred Feather also asks the court to issue an order permanently prohibiting prison officials from engaging in any of the conduct alleged in the complaint.

In addition to costs and fees associated with filing the lawsuit, Sacred Feather also seeks unspecified damages to compensate for the violation of its constitutional rights, and asks that the court award damages in an amount Sacred Feather would have received for religious purposes dating back to Dec. 16, 1998, equivalent to the amounts received by the other religious prison groups during that same period.

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Apple Inc. has another week to respond to Cisco Systems Inc.'s trademark infringement lawsuit that threatens to keep Apple from using the name "iPhone" on its much-hyped cell phone-music player.

After the companies had previously agreed to extend the deadline until Thursday night, the world's largest networking equipment maker said Apple now has until Wednesday to respond to the lawsuit filed last month in San Francisco federal court.

Both companies reiterated previous statements that they want to use the extra time to reach a settlement.

Cisco, whose Linksys division began shipping a line of iPhones last spring, has said it would allow Apple to use the trademarked name but wants both companies' phones to be able to communicate with each other. It has not provided details of such interoperability.

Apple has called the lawsuit "silly" and argued that it's entitled to use the iPhone name because the phones operate over different networks. Apple's works using cellular technology, and Cisco's operates over the Internet using a technology called Voice over Internet Protocol, or VoIP.

Cisco has owned the trademark since 2000, when it acquired InfoGear Technology Corp., which originally registered the name.

A lawyer pleaded guilty to stealing more than $20 million from a bank and at least one client, spending the loot on vacation homes, a wedding and generous salaries for his employees, authorities said.

Under a deal with prosecutors, Anthony Bellettieri, 53, faces more than a decade in prison after admitting Thursday in federal court to bank and mail fraud dating to at least 2003.

AdvertisementBellettieri, a real estate lawyer, stole the funds through check kiting – taking money from his law firm's escrow account and writing checks on another account to cover the escrow account's losses.
According to J.P. Morgan Chase, the primary victim, the tactic worked partly because he used checks with a printed error. The scheme fell apart after the bank issued correct checks in November.

Authorities said Bellettieri also convinced a client to invest almost $2 million in phony private mortgages.

Defense lawyer Murray Richman told The Journal News, “It's a terrible thing to see a man destroyed and humbled by his own actions and lose control of his life.”

Prosecutor Cynthia Keefe Dunne said the stolen money paid for, among other things, a swimming pool at Bellettieri's Pleasantville home, a family wedding, high salaries for the law firm's workers and condos in Miami Beach and Aruba.

Bellettieri was released on $500,000 bond. Sentencing is May 18. His plea agreement requires him to pay as much as $22 million in restitution and forfeit properties he purchased.

WASHINGTON — Search warrants were carried out in seven cities this week by special agents from the Internal Revenue Service. According to affidavits filed in federal court, the IRS is seeking evidence from tax-preparation businesses suspected of preparing returns on behalf of clients requesting egregious amounts involving this year’s special telephone excise tax refund.

IRS criminal investigators served search warrants at tax preparation businesses in Atlanta, Ga.; Dallas, Tyler and Athens, Texas; Riverside, Calif.; Miami, Fla.; and New Orleans, La. Special agents temporarily closed the businesses, seizing computers and documents to use in their investigations.

“We want everyone who is eligible for the telephone tax refund to claim it but not to inflate the amount requested,” said IRS Commissioner Mark W. Everson. “We have seen limited but serious instances of abuse, and we’ve sent in criminal investigators to pursue the matter accordingly.”

Along with the IRS enforcement action in seven cities, other tax preparers across the nation who are preparing questionable telephone tax refund requests are receiving visits from IRS revenue agents (auditors) and special agents. The agency began conducting the visits last week. The IRS advised taxpayers to stay away from unscrupulous promoters and tax preparers who make false claims about the telephone tax refund and suggest that many, if not most, phone customers can get hundreds of dollars or more back under this program.

At the same time, the IRS urged taxpayers now filling out their 2006 returns not to overlook the telephone tax refund. Out of early filers, nearly one in three are failing to request this special refund, and although some of them may not be eligible, others may qualify and not know it. The vast majority of those who are requesting it are doing so correctly.

The government stopped collecting the long-distance excise tax last August after several federal court decisions held that the tax does not apply to long-distance service as it is billed today. Officials also authorized a one-time refund of the federal excise tax paid on service billed during the previous 41 months, stretching from the beginning of March 2003 to the end of July 2006. The tax continues to apply to local-only phone service.

The IRS has monitored telephone excise tax refund requests for potential problems since the tax-filing season opened in early January. The agency has seen some problems with returns from tax preparers that may indicate criminal intent.

Some tax-return preparers are requesting thousands of dollars of refunds for their clients in instances where clients are entitled to only a tiny fraction of that amount. In some cases, taxpayers requested a refund in the thousands of dollars, suggesting that the taxpayer paid more for telephone service than they received in income. In several instances, taxpayers requested a refund of $30,000 — hundreds of times of what could be reasonably expected. Some refund requests appear to be for the entire amount of the taxpayer’s phone bill, rather than just the three-percent long-distance tax.

Taxpayers who request more of a refund than they are entitled to receive will have their refunds held and be subject to an audit.

To make the refund easier to figure, the government established a standard refund amount, based on personal exemptions, ranging from $30 to $60. If taxpayers have phone bills and other records, they can request the actual amount of excise tax paid. Though using the standard amount is optional, it is easy to figure and approximates the eligible amount for most individual taxpayers. Taxpayers only have to fill out one line on their return, and they don’t need to present proof to the IRS.

To avoid mistakes and get a refund quickly, the IRS encourages taxpayers to file their tax return electronically and electronically deposit their refund directly into a checking or savings account. Electronic-filing software helps taxpayers figure tax breaks, such as the telephone tax refund, accurately and report them properly. Free e-file services are available to low and moderate-income taxpayers (incomes of $52,000 or less) through the Free File link on this Web site.

The best and most reliable information on this unique refund can be found in the Telephone Excise Tax Refund section of this Web site. Here, taxpayers can download forms, find answers to frequently-asked questions and link to participating private-sector Free File partners offering free electronic-filing services.

WASHINGTON – A federal grand jury in the District of the Virgin Islands returned an indictment charging a St. Thomas man with five counts of child pornography, Assistant Attorney General Alice S. Fisher of the Criminal Division and U.S. Attorney Anthony J. Jenkins for the District of the Virgin Islands announced today.

Bradley Douglas Highbarger is charged with two counts of receiving child pornography, two counts of possessing child pornography, and one count of attempting to distribute child pornography. If convicted on all of the charges, the defendant faces a mandatory minimum sentence of five years and a maximum sentence of 20 years with a $250,000 fine and the possibility of lifetime supervised release.

On July 20, 2006, investigators initially executed two search warrants on Highbarger’s residence and computer to investigate suspected crimes involving passport fraud and controlled substances. During the review of the computer evidence, investigators also uncovered still pictures and video depicting child pornography. In or about July 2006, the defendant used peer-to-peer file sharing software to download and then possess child pornography. The defendant also configured the software to allow further distribution of the child pornography to any and all users of the peer-to-peer software program around the world.

The defendant was arrested and detained on the drug and passport fraud offenses on July 20, 2006, and has since been detained in federal custody.

The case is being prosecuted by Trial Attorney Kayla Bakshi of the Criminal Division’s Child Exploitation and Obscenity Section and Assistant U.S. Attorney St. Clair Theodore of the U.S. Attorney’s office for the District of the Virgin Islands. This case is being investigated by multiple law enforcement agencies including the Immigration and Customs Enforcement Agency, Diplomatic Security Service of the U.S. Department of State, and the Postal Inspection Service.

The charges contained in this indictment are allegations only and the defendant is presumed innocent until convicted at trial.

This case is being brought as part of Project Safe Childhood. In February 2006, Attorney General Alberto R. Gonzales created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorneys Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov/.

WASHINGTON – Steven Merkes, a former Department of Defense (DOD) employee, pleaded guilty to accepting illegal gratuities while serving as an operational support planner in the Future Operations Division of the U.S. Army Headquarters, Special Operations Command–Europe (HQSOCEUR), Assistant Attorney General Alice S. Fisher of the Criminal Division announced today.

According to plea documents filed in federal court, Merkes served in the U.S. Air Force until January 2005, when he left active duty and began work as a DOD civilian employee. In both the Air Force and in his civilian DOD employment, Merkes served as a logistical planner for the HQSOCEUR in Stuttgart, Germany. In both positions, Merkes’ official duties consisted of planning military exercises for U.S. Special Operations forces in the European theater of operations.

In April 2005, Merkes took official acts to benefit Philip Bloom, a U.S. citizen who operated and controlled construction and service companies in Romania and Iraq that did business with the U.S. government. Shortly thereafter, Merkes accepted a job offer and $24,000 from Bloom, knowing that the job and the money were for official acts he had agreed to perform for Bloom.

Merkes pleaded guilty to accepting illegal gratuities which carries a maximum penalty of two years in prison and a fine of $250,000. Sentencing has been set for June 1, 2007.

On March 10, 2006, Bloom, pleaded guilty to unrelated charges of conspiracy, bribery and money laundering. Bloom was sentenced earlier today to 46 months in prison.

This case is being prosecuted by trial attorneys James A. Crowell IV and John P. Pearson of the Public Integrity Section, headed by Acting Section Chief Edward C. Nucci, and trial attorney Patrick Murphy of the Asset Forfeiture and Money Laundering Section, headed by Section Chief Richard Weber, of the Criminal Division.

These cases are being investigated by the Special Inspector General for Iraq Reconstruction, the Internal Revenue Service (IRS) Criminal Investigation, the U.S. Immigration and Customs Enforcement at the Department of Homeland Security (ICE), U.S. Army Criminal Investigation Division, the U.S. Department of State Office of Inspector General, and the FBI Washington Field Office in support of the Justice Department’s National Procurement Fraud Task Force and the International Contract Corruption Initiative. The investigation has received substantial assistance from the ICE Cybercrimes Division.

The National Procurement Fraud Initiative was announced by Deputy Attorney General Paul J. McNulty in October 2006, and 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 Fisher.