June 13, 2012 - The Federal Crimes Watch Daily

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    2 Federal Criminal Defense Lawyers

    McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

    Submitted at 10:26 AM June 13, 2012

    ABC News on June 12, 2012 released thefollowing:By Jason Ryan

    In what seemed to be an unusualdisclosure, Attorney General Eric Holdertoday testified that both he and FBIDirector Robert Mueller have beeninterviewed by FBI agents conducting theleak investigation into disclosures of therecent Al Qaeda bomb plot.In an abundance of caution Ill justsay this both the director and I havebeen already interviewed in connection

    with the knowledge that we had of thosematters; at least of that matter, Holdertestified before the Senate JudiciaryCommittee.Agents from the Washington Field Office

    have been investigating the leaks aboutthe averted attack, which was firstrevealed by The Associated Press. TheFBI is also investigating the source of theleak over who revealed that the individualat the center of the plot was a doubleagent working for Britains MI-6 secretintelligence service and the CIA, alongwith Saudi Arabian intelligence assets.I can also tell you that I have beeninterviewed already and I can tell you thatthat interview was not some kind of proforma, take it easy interview. I mean,these were serious a serious interviewthat was done by some serious FBI agents.The same thing happened to the directorof the FBI, as well, because we werepeople who had knowledge of thesematters and we wanted to make sure thatwith regard to the investigation that itbegan with us, Holder testifiedHolder was extensively questioned by

    Republican senators about why he has notappointed a special counsel to oversee theleak investigations into the Al Qaeda inthe Arabian Peninsula bomb plot and thedisclosures about President Obamaordering cyber-attacks against Iran withthe Stuxnet computer worm that appearedin an article in the New York Times byDavid Sanger. Last Friday Holderappointed Ron Machen, the U.S. attorneyfor the District of Colombia, and RodRosenstein to lead the criminalinvestigations.Sen. Lindsey Graham, R-S.C., drew a

    connection of the leaks to the WhiteHouse in his questioning of AttorneyGeneral Holder, citing Sangers book onObamas foreign policy, Confront and

    Conceal.Mr. Sanger clearly has enjoyed greataccess to senior White House officials,most notably to Thomas Donilon, thenational security adviser. Mr. Donilon, ineffect, is the hero of the book as well asthe commentator of record on events. Idont know what Mr. Donilon did, butaccording to this review and from myreading of excerpts of the book, somebodyat the highest level of our government hasbeen talking about programs that I think are incredibly sensitive, Graham said.I think they are extremely serious,Holder said about the damaging effect of the leaks but defended his appointment of

    the two U.S. attorneys to lead the cases.The two people, I have appointed to look into these matters, are first-rateprosecutors, who will do, I think, a great

    job. And as we look at the history of whatU.S. attorneys, who have been appointedin these kinds of cases, I think we can feela great deal of comfort, Holder said.Graham said it was a double standard that

    Holder has not appointed a special counselyet when compared to the leak investigation of CIA Officer ValeriePlame, which focused on the Bush WhiteHouse.Vice President Biden was on TVmorning, noon and night, urging the Bushadministration to appoint a special counselin the Valerie Plame case, Graham said.As attorney general, I am seized with theresponsibility of looking at allegations,controversies and making the decision onthe basis of what I think is best for asuccessful investigation and potentialprosecution, Holder said.In the Plame case then Attorney General

    John Ashcroft recused himself from theinvestigation when it appeared the White

    House may be involved. Several monthsafter the initial investigation began thenDeputy Attorney General James Comeyappointed U.S. Attorney Patrick Fitzgerald as special counsel.Under questioning from Sen. Jon Kyl, R-

    Ariz., Holder hinted today that he mayhave to recuse himself at some point.Could you specifically tell us whethereither David Axelrod or the president orJay Carney have a valid basis for reachingthe conclusion that the case does notpresent a conflict of interest? Can theyreally say that at this point knowingly?Kyl asked.Well, I would say on the basis of what Iknow at this early stage of theinvestigation, there is not a basis for a

    conflict determination. But it is somethingthat we are monitoring on an ongoingbasis. Director Mueller and I have both setup in place at the Justice Department andthe FBI a mechanism so that we can beadvised on the possibility of a conflict.And if, at some point, the people whohave been given that responsibilityindicate to Bob to Director Mueller orto me that we are in a conflict situation,we will act appropriately, Holder said.Texas Republican Sen. John Cornyn, who

    had called for Holders resignation duringthe hearing, asked Holder if he wasconcerned that U.S. Attorney RonMachen, who is heading up one of the

    criminal leak investigations, had made$4,600 in political donations to the Obamacampaign in 2007 and 2008 before he wasappointed U.S. attorney.Would it surprise you to know that he isa political contributor to PresidentObamas campaign and indeed serves as avolunteer in Obama for America, andassisted in the vetting of potential vicepresidential candidates? Cornyn asked.I am confident that he has the ability, thecapacity to investigate this case in a non-partisan, independent, thorough andaggressive way, Holder responded.Following Holders hearing Sen. John

    McCain, R-Ariz., introduced a resolutionin the Senate calling for the appointmentof a special counsel to investigate thestring of recent national security andintelligence leaks.To find additional federal criminal news,

    please read Federal Criminal DefenseDaily .Douglas McNabb and other members of

    the U.S. law firm practice and write and/

    or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOLs RedNotice brings to this equation.The author of this blog is Douglas C.

    McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

    http://federalcrimesblog.com/http://federalcrimesblog.com/http://federalcrimesblog.com/http://paper.li/douglasmcnabb/1311894940http://paper.li/douglasmcnabb/1311894940http://mailto:[email protected]/http://mailto:[email protected]/http://paper.li/douglasmcnabb/1311894940http://paper.li/douglasmcnabb/1311894940http://federalcrimesblog.com/http://federalcrimesblog.com/http://federalcrimesblog.com/2012/06/13/ag-holder-and-fbi-director-questioned-in-leak-investigation/http://federalcrimesblog.com/2012/06/13/ag-holder-and-fbi-director-questioned-in-leak-investigation/
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    3Federal Criminal Defense Lawyers

    McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

    Submitted at 1:11 PM June 13, 2012

    CNN on June 12, 2012 released thefollowing:By Paul Courson, CNNWashington (CNN) Dueling scientists,

    a former trainer, friends and family areamong the witnesses whose testimony a

    jury will consider as they decide if famedbaseball pitcher Roger Clemens lied toCongress during an investigation of steroid use among major league players.The case against Clemens involves one

    count of obstruction of Congress, threecounts of making false statements and two

    counts of perjury. He is not charged withillicit use of performance-enhancingdrugs, but his denial of such use is part of the case against him.Federal prosecutor Courtney Saleski, in

    closing arguments Tuesday, told the juryClemens wanted to protect his brand, hewanted to protect his livelihood, indenying the use of steroids during a 2008investigation by the U.S. House of Representatives into the problem.He did that at the expense of ourCongress. He threw sand in their eyes. Hestole the truth from them, Saleski said.She said a guilty verdict would give that

    truth back to lawmakers.The Clemens defense team disputed

    whether the government has made itscase, telling the jury all the evidence camethrough a former personal trainer, BrianMcNamee, who had incentive to lie.You saw Brian McNamee, the onlywitness in the history of the world whosays he gave or saw an injection of thatman, said defense attorney MichaelAttanasio. One person in the entireworld. During closing arguments, the

    defense cited the lack of corroboratingwitnesses, which they said would be abasis for reasonable doubt against anyconviction.McNamee defines reasonable doubt,Attanasio said, because of perceivedinconsistencies, retractions andcorrections he made while testifying.After verbally providing instructions to

    the jury late Tuesday, U.S. District judgeReggie Walton sent the jury back to begindeliberations, while acknowledging theymay only have time to select a forepersonbefore letting them go for the day.The trial has run longer than envisioned,

    and one juror was moved to alternate

    status Tuesday because of a fellowship inGermany for which he must depart nextweek. An alternate was then sent back to

    join the others.It took about eight weeks for the

    prosecution and defense to question 46witnesses, and the most direct conflictcame among expert witnesses as to how tointerpret a collection of discarded medicalitems that allegedly link Clemens tosteroid use.Soiled medical wrappings, cotton balls,

    drug vials and hypodermic needles thatMcNamee kept were interpreteddifferently by both sides. Witnesses forthe government said genetic material

    linked with Clemens suggested it wasimpossible for McNamee to fabricate theevidence.But defense witnesses on the same topic

    said storage in a beer can for yearsallowed commingling and contaminationof materials, making reliable conclusionsimpossible, and the evidence nearlyworthless.If you have garbage at the start, youllhave garbage at the end, said defenseexpert witness Dr. Bruce Goldberger, whosaid his lab would refuse to test suchmaterials without a solid basis for theirstorage and handling before analysis.Prosecution witness Dr. Cynthia Morris-

    Kukoski, an FBI toxicologist, said it is notup to the toxicology lab to make

    judgments about the materials submittedfor testing, with their job only todetermine the substances and any geneticidentifiers involved.Former teammate and friend Mike

    Boddicker testified as to whether Clemenshad ever accepted injections, providing aneyewitness account that he had. I think itwas either 1989 or 1990, Boddicker said,

    referring to their time together with theBoston Red Sox, describing that he cameinto the training room, and saw Rogerbent over the table with his pants down,getting a shot.The vial, Boddicker said, was clearly

    marked B-12 a substance said to providea pick-me-up after a game or workout.This is the second trial for Clemens. A

    year ago, a mistrial was declared beforethe case reached the jury. Thegovernments lawyers played videoevidence the judge had already banned.Prosecutors said it was an editing mistake,but the Clemens defense team suggestedprosecutors were unprepared and had

    gotten off to a bad start.This was a mistake, a regretful mistake,government attorney David Goodhandsaid in September in arguing for a newtrial. But Walton blasted prosecutors forletting inadmissible evidence be shown.I would hate to believe they just blatantlydisregarded rulings that I made, but itshard for me to reach any otherconclusion, Walton said, before rejectinga defense request that he dismiss theindictment entirely. After consideration,Walton then ordered the new trial.Several pretrial hearings this time

    included protests from defense attorneysthat the prosecution was trying to take

    advantage of having heard the initialopening statement last summer by thedefense. In the latest trial, defenseattorneys expressed concern thatprosecutors were trying to do overcertain efforts the defense may haverefuted.Deliberations Wednesday were set to

    begin at 1:30 p.m.Douglas McNabb McNabb Associates,

    P.C.sFederal Criminal Defense Attorneys

    Videos: Federal Crimes Be Careful Federal Crimes Be Proactive Federal Crimes Federal IndictmentTo find additional federal criminal news,

    please read Federal Criminal DefenseDaily .Douglas McNabb and other members of

    the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOL

    Red Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOLs RedNotice brings to this equation.The author of this blog is Douglas C.

    McNabb. Please feel free to contact himdirectly [email protected] or at oneof the offices listed above.

    http://federalcrimesblog.com/http://federalcrimesblog.com/http://federalcrimesblog.com/http://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Be-Carefulhttp://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Be-Proactivehttp://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Federal-Indictmenthttp://paper.li/douglasmcnabb/1311894940http://paper.li/douglasmcnabb/1311894940http://mailto:[email protected]/http://mailto:[email protected]/http://paper.li/douglasmcnabb/1311894940http://paper.li/douglasmcnabb/1311894940http://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Federal-Indictmenthttp://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Be-Proactivehttp://mcnabbassociates.com/federal-crimes-video.html#Federal-Crimes-Be-Carefulhttp://federalcrimesblog.com/http://federalcrimesblog.com/http://federalcrimesblog.com/2012/06/13/arguments-conclude-in-roger-clemens-perjury-trial/http://federalcrimesblog.com/2012/06/13/arguments-conclude-in-roger-clemens-perjury-trial/
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    5Federal Criminal Defense Lawyers

    McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

    Submitted at 10:14 AM June 13, 2012

    Fox13Now.com on June 12, 2012released the following:by Ben WinslowWEST VALLEY CITY, Utah Federal

    agents swarmed a call center here andquestioned employees as part of anongoing probe into a Midvale law firmsmortgage modification business.The U.S. Attorneys Office for Utah

    confirmed to FOX 13 an investigation wasunder way into CC Brown Law, whichadvertised itself online as helping peoplewith debt problems. The U.S. Attorneys

    Office said the business operated underSentry Legal, WT Lee and JLMartin, among other names.FOX 13 was there as agents blocked off

    the exits to the building and escortedemployees, one by one, into a commandpost to be questioned. FBI agents at thescene in West Valley City refused tocomment.In a statement, the U.S. Attorneys Office

    for Utah said the search warrants servedwere sealed and no criminal charges havebeen filed. However, the office put out aplea for people who have been using thefirms services to come forward and speak with the FBI.Individuals who have been working withthe business on a mortgage modification,who would like information, can contact atoll free number established by the FBI at1-877-236-8947 (press option 2). The toll-free number will be activated thisevening, the statement said.A recorded message will adviseindividuals that they can submit contactinformation and copies of any documentsto the FBI by mailing them to the FBI Salt

    Lake City Division, attention CC BrownInvestigation. The FBIs address is 257East 200 South, Suite 1200, Salt LakeCity, UT 84111.

    Individuals can also submit informationabout the companys business practices tothe FBI by e-mail [email protected], the statementsaid.Attempts to reach CC Brown Law

    representatives for comment at its FortUnion offices on Tuesday afternoon wereunsuccessful. A man who was seen beingled into the FBIs mobile command postrefused to comment to FOX 13 as hewalked to his car.I cant say anything, man, he said as hegot into the vehicle.In a statement sent to FOX 13 on

    Tuesday night, Sentry Legal disassociated

    itself with CC Brown Law Firm.While Sentry Legal is contracted toprovide legal support services to the LawOffices of C. C. Brown, we are not, norhave we ever been, a subsidiary, principalor operated under the name of C.C.Brown, the statement said. Sentry Legalis a separate company from the LawOffices of C. C. Brown. Sentry Legal hasnot been raided by the FBI, in fact, uponhearing of the C.C. Brown news, SentryLegal has contacted the FBI and U.S.Attorneys Office to cooperate as needed.Online, CC Brown Law had numerous

    websites that appeared to no longer be inservice. One listed testimonials, includingone that proclaimed the firm specializedin helping people in getting loanmodifications for the last few years.Several people have been helped from theCC Brown Law services and they arelooking to help many more.But also online were numerous websites

    and even a Facebook group blasting thefirm for its customer service and claimingit is a scam.The Utah Division of Real Estate said it

    has taken action against the company in2010. The company was fined $5,000 foradvertising loan modification serviceswithout a mortgage license, state officials

    said.The state of Maryland issued a cease and

    desist order against CC Brown Law in2011.Judy Driggs, the president of the Better

    Business Bureau of Utah said her officehad fielded 55 complaints against CCBrown Law, with people claiming theyhad given money to the firm to work withlenders. Those people, she said, had lostanywhere from $1,000 to $4,000 withouthearing back from the firm.Douglas McNabb McNabb Associates,

    P.C.s

    Federal Criminal Defense AttorneysVideos: Federal Crimes Be Careful Federal Crimes Be Proactive Federal Crimes Federal Indictment Federal Crimes Detention Hearing Federal Mail Fraud CrimesTo find additional federal criminal news,

    please read Federal Criminal DefenseDaily .Douglas McNabb and other members of

    the U.S. law firm practice and write and/ or report extensively on matters involvingFederal Criminal Defense, INTERPOLRed Notice Removal, InternationalExtradition Defense, OFAC SDNSanctions Removal, InternationalCriminal Court Defense, and US Seizureof Non-Resident, Foreign-Owned Assets.Because we have experience dealing withINTERPOL, our firm understands theinter-relationship that INTERPOLs RedNotice brings to this equation.The author of this blog is Douglas C.

    McNabb. Please feel free to contact him

    directly [email protected] or at oneof the offices listed above.

    McNabb Associates, P.C. ( Federal Criminal Defense Lawyers )

    Submitted at 10:49 AM June 13, 2012

    Forbes on June 12, 2012 released the

    following:Walter Pavlo, ContributorKurt Mix, former drilling engineer whowas arrested on April 24th, is trying togain access to information that could clearhis name. Mix is accused by federalprosecutors of deleting two (2) text

    messages from his iPhone that wererelated to the flow rate of oil from BPsMacondo well (Gulf of Mexico Oil Spill).The charge is obstruction of justice.

    In a motion filed yesterday, Mix is askingfor access to BPs confidential (attorneyclient privileged information) files whichhe says will prove that he was notobstructing justice when he may havedeleted those two messages. Where thegovernment says that Mix corruptly

    destroyed two text messages, Mixsattorney, Joan McPhee, states in hermotion that at the time Mix wassupposedly deleting the offending text

    messages, he was simultaneouslyaffirmatively cooperating with thegovernments investigation and disclosingthe very same information (flow rate of oilinto the Gulf of Mexico) that he is accused

    FORMER page 7

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