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W.Va.: Ex-Senator, Husband Plead Guilty
Criminal Law | 2007/08/08 03:51

A former West Virginia state senator pleaded guilty Tuesday to federal mail and tax fraud charges. Lisa Smith admitted that she failed to pay the IRS more than $86,000 withheld for taxes from her employees' wages when it was due in 2002. The 43-year-old Putnam County Republican ran two in-home health care companies, Elite Professional Health Associates and Elite Health Care Inc., with her husband.

Smith also admitted she mailed a false campaign finance statement to state election officials while running for her Senate seat in 2002.

Federal prosecutors allege Smith had given her campaign $15,000 illegally siphoned from her businesses, then concealed it as contributions from various individuals.

Smith's husband also pleaded guilty Tuesday. Mark Smith admitted to a tax fraud charge involving $63,000 in withholding taxes due in 2004 from the health care companies.

The Smiths had faced a 17-count indictment in the case. The charges also included tax evasion and tax fraud counts against them both, alleging nearly $1 million in unpaid withholding taxes, as well as campaign-related mail fraud counts against the former legislator.

Each pleaded guilty as part of separate agreements with prosecutors. Though court officials have yet to calculate the punishment recommended under federal sentencing guidelines, their plea agreements suggest prison terms of up to five years each as well as fines.

The couple remains free on bail pending a Nov. 5 sentencing hearing.

Lisa Smith had served two terms in the House of Delegates when she challenged and defeated then-Senate Finance Chairman Oshel Craigo, D-Putnam, in a 2002 election upset. She resigned the Senate seat in December 2004, citing an undisclosed illness.

The Smiths were indicted in early 2006. The case was delayed after Lisa Smith was found mentally incompetent to stand trial. She received treatment at a Federal Bureau of Prisons facility, and U.S. District Judge Robert C. Chambers declared her competent in late March.

Lisa Smith remains in a doctor's care and relies of various medications for her mental health, Chambers was told Tuesday.



Suspect Pleads Guilty in Ohio Mall Plot
Criminal Law | 2007/08/01 07:18
A Somali immigrant the government says plotted to blow up an Ohio shopping mall pleaded guilty Tuesday to conspiring to provide material support to terrorists. Nuradin Abdi, 35, entered his plea before U.S. District Judge Algenon Marbley a week before his trial had been expected to start Aug. 6. The Justice Department accused Abdi of suggesting the plan to attack a Columbus shopping mall during an August 2002 meeting at a coffee shop with now-convicted terrorist Iyman Faris and a third suspect, Christopher Paul.

Faris is serving 20 years in a maximum-security federal prison in Florence, Colo., for his role in an al-Qaida plot to destroy the Brooklyn Bridge. Faris scouted the bridge and told al-Qaida its plans wouldn't work, court papers have said.

Federal agents arrested Abdi the morning of Nov. 28, 2003, the day after Thanksgiving, out of fear the attack would be carried out on the heavy shopping day. He was arrested at 6 a.m. while leaving his Columbus home for morning prayers.

Prosecutors say Abdi gave stolen credit card numbers to a man accused of buying gear for al-Qaida, and lied on immigration documents to visit a jihadist training camp.

Abdi's attorneys said he was merely upset at the war in Afghanistan and reports of civilians killed in bombings by the U.S.-led invasion. They have said that the stolen numbers were never used and that the Justice Department never alleged what organization they believed was running the camp, what Abdi intended to do with the training, or whether he ever actually went.

Prosecutors accused Paul, who was arrested in April, of joining al-Qaida and plotting to bomb European tourist resorts and U.S. government facilities and military bases overseas.

Under a plea deal, Abdi is expected to receive a 10-year sentence on the one conspiracy count, which carries a maximum penalty of 15 years. Three additional charges were dropped in exchange for the plea.

He was to remain at the Franklin County jail until his sentencing date, which was not set.



Doctor's wife guilty of murder-for-hire
Criminal Law | 2007/07/06 09:18

A woman accused of offering her younger lover a share of her doctor husband's multimillion-dollar estate to entice him to kill the 69-year-old was convicted Friday of murder-for-hire and other charges. Donna Moonda, 48, could now face the death penalty. The defense had argued that her 25-year-old lover, Damian Bradford, had acted alone and that Moonda had tried to revive her husband after Bradford shot him along the Ohio turnpike. Federal prosecutors argued the two were in it together and portrayed Moonda as a perpetual liar, thief and drug user.

"Two minds were set on murder," assistant U.S. attorney Linda Barr told jurors Thursday in closing arguments. "Two fingers were on the trigger of that gun on May 13, 2005, and two people must be held accountable."

Bradford has admitted shooting the doctor in the side of the head after his wife pulled over on the turnpike south of Cleveland, supposedly to let her husband take the wheel.

The federal jury also convicted Moonda of interstate stalking and two counts of using or carrying a firearm in the commission of a violent crime.

As U.S. District Judge David D. Dowd Jr. read the four guilty verdicts, Moonda went from holding back tears, to shaking her head to quietly sobbing, dabbing her eyes with a tissue.

Jurors deliberated for eight hours over two days after more than two weeks of testimony.

Moonda's defense was that Bradford, a convicted drug dealer, robbed and killed the doctor in a steroid-fueled rage. Defense attorney Roger Synenberg told jurors that if they believed Bradford, then his client came up with the worst plan to murder a husband.

Bradford testified that on the day of the shooting, he followed the couple as they left their home in Hermitage, Pa., near the Ohio state line, and pulled in behind them when Donna Moonda stopped their Jaguar along the turnpike. He said he ran to the passenger side of the car and shot the doctor.

Other key evidence cited by prosecutors were a series of phone calls and text messages between Bradford and Moonda the day of the killing, up until she and her husband left on their trip.

Prosecutors pointed to Moonda's description of the shooter being the same height as her husband, 5-foot-3, as more evidence of her deceit. But Synenberg explained that the 5-foot-10 Bradford may have appeared shorter because he was leaning down looking into the car when he shot the doctor in the temple.

Moonda's attorney said in his closing argument that the doctor still had a pulse when paramedics arrived because his wife, a nurse anesthetist, had performed CPR. Synenberg said that action was proof of her innocence.

Bradford, of Monaca, Pa., met Donna Moonda in drug rehab, according to court records. He has pleaded guilty to interstate stalking and a gun charge and is expected to receive a 17 1/2-year sentence.



Not-guilty pleas in police beating case
Criminal Law | 2007/07/03 04:01
Three Chicago police officers accused of beating four businessmen in a bar pleaded not guilty. The incident was one of several videotaped confrontations that have led to criticism of the city's Police Department.

Sgt. Jeffrey Planey and Officers Paul Powers and Gregory Barnes entered their pleas during a hearing in Cook County Circuit Court, said Andy Conklin, a spokesman with the Cook County state's attorney's office.

Planey was charged with two counts of obstruction of justice, six counts of aggravated battery and five counts of official misconduct; Powers and Barnes each face two counts of aggravated battery, Conklin said.


Two plead guilty in horse doping case
Criminal Law | 2007/06/28 03:24

A father and son accused of trying to fix races by injecting harness horses with substances designed to deaden pain or improve performance pleaded guilty Wednesday to felony charges. William Barrack, 68, and his son, Keith, 43, pleaded guilty to one count each of interference with a domestic animal in Saratoga County Court, district attorney James A. Murphy III said.

The men originally were indicted on two felony counts of first-degree scheming to defraud and fifth-degree conspiracy, among other misdemeanor charges. A deal was reached and the men pleaded guilty to the most serious charges for injecting Disco Force A with cobra snake venom on Oct. 26, 2006, and Epogen on Nov. 9, 2006, Murphy said. The men earned $900 on the Oct. 26 race, Murphy said.

The investigation began in September at Saratoga Gaming and Raceway following a tip from people at the track that harness horses were being injected.

The indictments also charged the Barracks with wrongly giving Patsy B Happy the anti-bleeding drug Lasix on Nov. 3, 2006. They earned $540 in that race.

The men will be sentenced Aug. 31. Murphy said it was likely the men would receive probation, but a judge will make that determination.

The Barracks' horse racing licenses are currently suspended, and a hearing will determine whether they will be permanently revoked.

Marc Mosher, 38, Robert Moscone, 60, and Carl Forrester, 31, also face charges in the case. It was unclear late Wednesday when their trials will take place. Each was charged with two counts of fifth-degree conspiracy, a misdemeanor.



Shelton pleads guilty to attempted murder of teen
Criminal Law | 2007/06/18 04:22

A former Metro East teacher pleaded guilty to attempted murder today and was sentenced to 20 years in prison for an attack that left a teenager clinging to life in a Belleville park. Samson Shelton entered his plea in St. Clair County. During his court appearance today, he answered the judge's questions but declined to address the court before his sentencing and didn't offer an apology to his victim.

Authorities say Samson snapped Ashley Reeves' neck in April of last year and left the teen in the park, where she was found 30 hours later.

Reeves was in court today and says she didn't expect an apology. She says she's glad to have the case over with and wants to go on with her life.

The 18-year-old says she's continuing her rehabilitation and plans to go to college.



Three MS-13 Leaders Charged with Racketeering
Criminal Law | 2007/06/06 10:06

A federal grand jury in Greenbelt, Md., has charged leaders of the violent street gang known as MS-13 with federal racketeering crimes, including two men who allegedly ordered murders inside the United States from their prison cells in El Salvador, Attorney General Alberto R. Gonzales announced today.

The 30-count superseding indictment returned June 4, 2007, alleges that the three defendants—Dany Fredy Ramos Mejia, aka “Sisco,” Saul Antonios Turcio Angel, aka “Trece,” and Rigoberto Del Transito Mejia Regaldo, aka “Ski”—conspired to participate in a racketeering enterprise in the United States and El Salvador that involved murder, robbery, obstruction of justice, and witness tampering through their participation in La Mara Salvatrucha, or MS-13. Two of the defendants allegedly communicated with MS-13 gang members from prison in El Salvador to commit a variety of crimes, including one instance which resulted in the murders of two persons in the United States.

Specifically, the indictment alleges that the three defendants and at least 13 others in the United States conspired from at least 2001 to March 2007 to operate an MS-13 enterprise in the United States and El Salvador through a pattern of racketeering activity, including: eight murders in Maryland and one in Virginia; the use of deadly weapons including firearms, baseball bats, machetes, bottles or knives in the commission of murders, attempted murders, and assaults on juvenile females, rival gang members, and an MS-13 gang member from El Salvador; kidnapping; robbery; obstruction of justice; and witness tampering.

“Today's announcement results, in part, from a series of comprehensive anti-gang initiatives undertaken by the Department to target and pursue America's most violent and dangerous gangs,” said Attorney General Gonzales.  "I also want to acknowledge the cooperation provided by officials in the government of El Salvador who have strongly demonstrated their commitment to combating MS-13 and other violent gangs that operate in El Salvador, and elsewhere in Central America, Mexico and the United States.”

Among other things, the indictment alleges that in or about September or October 2004, Mejia and Angel produced a videotape of themselves and fellow MS-13 gang members in El Salvador, in which they communicated to MS-13 gang members in Maryland regarding the activities of MS-13 in El Salvador. The indictment also alleges that on or about Oct. 9, 2005, Angel communicated with members of the Teclas Locos Salvatruchos clique in Maryland via cell phone from inside prison in El Salvador regarding acts of violence, including murder, against rival gang members, and that later that same day, other gang members in Maryland killed two people and wounded a juvenile.

The indictment also alleges that on or about Aug. 21, 2005, Regaldo participated in the premeditated murder of Anber Juarez Sanchez in Howard County, Md. The indictment further alleges that on or about May 27, 2006, Regaldo and others participated in the armed robbery of a grocery story in Reisterstown, Md.

All three defendants are currently incarcerated in El Salvador on charges for crimes allegedly committed in that country. If convicted, each defendant faces a maximum sentence in the United States of life in prison for conspiracy to participate in a racketeering enterprise. All defendants are presumed innocent under the law until and unless convicted.

“This indictment is an example of the strategic approach that the Department of Justice has taken to combating the international and multi-jurisdictional problem of violent gangs,” said Assistant Attorney General Alice S. Fisher of the Criminal Division.  “We have marshaled our resources to ultimately target the leadership of these gangs, whether on the streets of our neighborhoods or in cities abroad.”

“Federal, state and local law enforcement authorities are united with our international partners in pursuing gang leaders who direct criminal activity as well as members who carry it out,” said U.S. Attorney Rod J. Rosenstein of the District of Maryland. “If you join a gang that commits crimes, you can be held accountable for all criminal activity committed by other gang members.”

“MS-13 is a criminal organization that has terrorized our nation’s neighborhoods and jeopardized community safety for far too long,” said Acting Director Michael J. Sullivan, Bureau of Alcohol, Tobacco, Firearms, and Explosives. “This indictment sends a strong signal that anyone who joins the gang and participates in violent acts on its behalf will continue to be brought to justice, no matter where they may hide.”

“This indictment should send a message to MS-13 and other gangs that their violence will not be tolerated in our streets and our neighborhoods, and we will not permit gang leaders to seek refuge outside of our borders to commit crimes within the United States,” said Assistant Director Kenneth W. Kaiser, FBI Criminal Investigative Division. “The FBI’s MS-13 National Gang Task Force, in partnership with local, state, federal and international law enforcement, is working diligently to dismantle MS-13 and eradicate the threat it poses around the world.”

Attorney General Gonzales announced in San Salvador on Feb. 5, 2007, a far-reaching set of anti-gang initiatives in cooperation with El Salvador, Mexico, and neighboring countries. The February announcement included the establishment of a new Transnational Anti-Gang Center (TAG), including up to a dozen investigators from the Civilian National Police (PNC) in El Salvador, embedded prosecutors from the El Salvador Attorney General’s office, special FBI teams assigned to El Salvador, and State Department support. The effort to stand up the TAG center is underway, and PNC investigators who are part of the new center assisted in the investigation in this case.

In matters related to this case to date, 42 MS-13 gang members have been charged with various federal offenses, with 30 defendants charged in this RICO conspiracy case. Jose Hipolito Cruz Diaz, a/k/a “Pirana,” Omar Vasquez, a/k/a “Duke,” and Henry Zelaya, a/k/a “Homeboy,” were convicted at trial by a federal jury on April 27, 2007, of the racketeering conspiracy and face a maximum sentence of life in prison. Edgar Alberto Ayala, a/k/a “Pony,” and Oscar Ramos Velasquez, a/k/a “Casper,” were convicted at trial by a federal jury in November 2006 of racketeering conspiracies. Ayala was sentenced on June 1, 2007, to 35 years in prison, and Velasquez faces a maximum sentence of life at his sentencing scheduled for July 23, 2007. Nine defendants, all of Maryland, have pleaded guilty, including: Walter Barahona, who was sentenced on April 16, 2007, to 14 years in prison; Franklin Mejia Molina, who was sentenced on Dec. 4, 2006, to more than nine years in prison; and Juan Lopez, who was sentenced on Oct. 16, 2006, to 87 months in prison. Jose Pena Aguilar was sentenced to 10 years in prison on Nov. 6, 2006, for using a firearm in furtherance of a racketeering conspiracy, to be served consecutive to a 20-year sentence received in the Circuit Court of Prince George’s County for attempted murder.

The charges span three states, three federal districts, and two countries. In addition to the murders in Maryland and Virginia, and the conduct in El Salvador, the indictment also alleges a relationship to alleged MS-13 gang members and activity charged recently by a federal grand jury in Nashville. That indictment charges 14 defendants with RICO and gun charges and is being prosecuted by the Criminal Division’s Gang Squad and the U.S. Attorney’s Office for the Middle District of Tennessee.

The charges stem from a long-term investigation initiated by the U.S. Attorney’s Office for the District of Maryland, conducted jointly with the Gang Squad of the Criminal Division at the U.S. Department of Justice and a task force headed by the ATF. The Regional Area Gang Enforcement (RAGE) Task Force is comprised of agents and officers from the ATF; the Federal Bureau of Investigation; the Bureau of Immigration and Customs Enforcement (ICE) at the Department of Homeland Security; the Maryland National Capital Park Police; the Prince George’s County, Howard County and Montgomery County Police Departments; as well as the Maryland State Police. Both the FBI’s MS-13 National Gang Task Force and the PNC in El Salvador assisted the Task Force with investigating the international defendants in El Salvador.

Assistant U.S. Attorneys James Trusty and Chan Park from the District of Maryland and Trial Attorney David Jaffe from the Justice Department’s Gang Squad are prosecuting this case.



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