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Second Ohio Man Sentenced for Hate Crimes
Court Watch | 2007/02/23 11:14

Joseph Kuzlik, of Cleveland, Ohio, was sentenced today to 27 months in federal prison and three years of supervised release for committing a racially motivated crime which violated the federally protected civil rights of a Cleveland family. Kuzlik was also ordered to pay restitution of $23,000 to the U.S. Environmental Protection Agency (EPA), $767 to the Ohio EPA, and additional sums to the individual victims who suffered financial losses as a result of the offenses. At the sentencing hearing, Judge Patricia Anne Gaughan said, “The abusive and serious nature of this offense is obvious to anyone with a modicum of decency and morality.  I cannot imagine the terror that was inflicted on these victims.  A message must be sent loud and clear that this behavior will not be tolerated and will result in a punishment at the high end of the guideline range.” 

On Nov. 27, 2006, Kuzlik pleaded guilty to conspiring to interfere with the federally protected housing rights of an interracial family because of their race, and for making false statements to federal investigators. Another Cleveland resident, David Fredericy, was sentenced on Jan. 17, 2007, to serve 33 months in prison for his role in the crime.

Fredericy and Kuzlik engaged in a series of acts intended to threaten and intimidate interracial residents in their neighborhood, including placing toxic mercury on the porch of a family with children for the purpose of intimidating them because one of the parents was African-American. As part of his guilty plea, Kuzlik admitted that he and Fredericy were attempting to intimidate the family and drive them from the neighborhood. In order to keep their unlawful actions secret, both Fredericy and Kuzlik lied to federal investigators from the EPA, the federal agency initially charged with cleaning up the mercury and investigating the incident.

“Bias-motivated acts of violence are despicable and intolerable, especially when they involve innocent children,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to the vigorous prosecution of these types of federal hate crimes.”

Gregory White, U.S. Attorney for the Northern District of Ohio said, “Today’s sentence is a fitting conclusion to a joint effort by the FBI, the U.S. EPA, the Ohio EPA, and the Cleveland Police Department, and demonstrates the commitment of both state and federal law enforcement authorities to protecting every citizen’s basic right to live in and enjoy his or her own home without fear of racial intimidation.”

The case was prosecuted by Assistant U.S. Attorney Ann C. Rowland and Trial Attorney Kristy L. Parker of the Civil Rights Division.



Crown requests jail time for 75-year-old fraudster
Court Watch | 2007/02/21 06:31

A prosecutor wants federal prison time for a 75-year-old former lawyer who bilked his elderly clients of millions of dollars.

Gordon McGilton's spotless reputation as a volunteer, church member and veteran lawyer specializing in wills was exactly why people trusted him, Crown prosecutor Francois Drolet said yesterday. He said McGilton abused that trust by misappropriating $1.7 million of his elderly clients' money.

Defence lawyer Jeffrey Boro said his client has a heart condition and is legally blind, and asked that McGilton serve two years less a day under house arrest when he's sentenced on April 10. McGilton has had to sell his Westmount home and lives in a small apartment with his wife, Boro said.

McGilton transferred the stolen money to a company owned by his cousin who was investing in a bogus Nigerian oil investment.



Texas Man Pleads Guilty to Environmental Crimes
Court Watch | 2007/02/20 09:22

Dennis Rodriguez of El Paso, Texas, pleaded guilty today to criminal environmental crimes related to the operation of his company, North American Waste Assistance, LLC (NAWA), also located in El Paso. Under the plea agreement, entered in federal district court for the Western District of Texas, Rodriguez admitted to making a material false statement or representations in a manifest used to transport hazardous waste and to two counts of transporting hazardous waste to a facility that did not have a permit issued pursuant to the Resource Conservation and Recovery Act (RCRA).

Both Rodriguez and his company were indicted in November 2005 for violations related to the handling and transportation of hazardous waste. According to the indictment, Rodriguez and NAWA were hired to dispose of over of 155 gallon drums of construction-related waste. Approximately 75 of the drums contained expired petroleum-based concrete curing compound, which is an ignitable hazardous waste when disposal becomes necessary.

The indictment alleged that on or about March 27, 2002, Rodriguez and NAWA transported the drums using several Uniform Hazardous Waste Manifests that stated that the drums contained “Non-RCRA, Non-Regulated” waste. Rodriguez then made arrangements to transport the drums, for disposal, to landfills in Avalon, Texas, and Walterboro, S.C. that were not permitted under RCRA to accept hazardous waste. The drums of hazardous waster were then disposed of at unauthorized facilities.

Rodriguez faces a maximum sentence of up to five years in prison and a total maximum fine of $250,000 per count.

This case was investigated by Special Agents of the EPA, with the assistance of the Criminal Investigation Division of the Texas Commission on Environmental Quality, and is being prosecuted by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Western District of Texas.



Federal appeals court upholds MCA habeas-stripping provisions
Court Watch | 2007/02/20 05:19

The US Court of Appeals for the DC Circuit ruled Tuesday that provisions in the Military Commissions Act stripping foreign nationals held as "enemy combatants" of the right to file habeas corpus petitions challenging their detentions do not violate the Suspension Clause of the US Constitution. The ruling came in the consolidated cases of hundreds of Guantanamo Bay detainees. The court also held that Congress was clear in its intent to strip federal courts of habeas jurisdiction even in pending challenges. The DC Circuit vacated the lower court decisions in the cases and dismissed the detainees' petitions for lack of jurisdiction.

President Bush signed the MCA into law last October and shortly thereafter the the US Justice Department sent letters to the DC district and appeals courts, notifying the lower court that it no longer had jurisdiction over some 200 pending cases filed by Guantanamo detainees, and urging the appeals court to reach the merits in the present cases. Tuesday's appeals court ruling is expected to be appealed to the US Supreme Court.



DOD Employee Pleads Guilty to Accepting Gratuities
Court Watch | 2007/02/16 13:58

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.



PokerTek being sued by Tellis for Breach & Fraud
Court Watch | 2007/02/08 15:10
AUSTIN, Texas- Barry & Loewy LLP today announced it has filed a multimillion-dollar lawsuit against PokerTek, Inc. (NASDAQ:PTEK) and its Chief Executive Officer, Lou White, for breach of contract and fraud.

The suit was filed on behalf of TELLIS Software, Inc. (“TELLIS”), a Texas software development company. The suit alleges that PokerTek contracted with TELLIS in 2004 to develop the software to run its PokerPro™ electronic poker tables. In exchange for the software, the contract required that PokerTek compensate TELLIS by granting it equity in PokerTek, and providing monetary compensation.

TELLIS fulfilled its contractual obligations and developed the software for PokerTek. However, once PokerTek received the software, the suit alleges it illegally breached its contract with TELLIS and refused to compensate the company for the software.

“In our view, PokerTek took TELLIS’ software without fully paying for it,” stated attorney Adam Loewy, of Barry & Loewy LLP. “With this lawsuit, we hope that PokerTek finally compensates our client for the software, as they originally promised to do.”  The suit is seeking millions of dollars in actual and punitive damages. The suit is filed in the Galveston Division of the Southern District of Texas (case number: 3:07-cv-00072).

If you would like to discuss this action or receive a copy of the lawsuit, please contact attorney Adam Loewy via email at aloewy@barryloewy.com or via telephone at 800-892-5044.

Barry & Loewy LLP is a Texas-based trial law firm with offices in Austin, San Antonio and Houston. The firm is active in major litigations pending in federal and state courts throughout the United States. The Barry & Loewy website (http://www.barryloewy.com) has more information about the firm.


Minnesota Man Banned From Preparing Taxes
Court Watch | 2007/02/06 12:54

WASHINGTON – A federal court in Minnesota has issued a permanent order barring Nash Sonibare, who operated Liberty Financial Group in St. Paul, Minn., from preparing federal income tax returns for others, the Justice Department announced today. The permanent injunction order was entered on February 5, 2007, by Judge Donovan Frank of the U.S. District Court for the District of Minnesota.

The government complaint alleged that Sonibare, a Nigerian immigrant, repeatedly prepared returns for his customers containing false or inflated credits and deductions. The complaint alleged that many of Sonibare’s customers are recent immigrants with limited English-language skills from various African countries, including Somalia, Ethopia, Eritrea, Nigeria, Ghana and Cameroon.

The court found that Sonibare repeatedly prepared federal income tax returns that contained false or inflated Schedule C expenses, false Schedule C businesses, false or inflated Schedule C business losses, false education credits, false dependency exemptions, and other fraudulent items. A Schedule C reports profits and losses from businesses and is used for sole proprietorships.

The Justice Department has sought and obtained injunctions against more than 220 federal tax promoters and preparers since 2001. Information about these cases is available on the Justice Department Tax Division’s Web site at http://www.usdoj.gov/tax/taxpress2006.htm. More information about the Justice Department’s Tax Division can be found at http://www.usdoj.gov/tax.



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