Monday, August 31, 2009

Head of English Language School Sentenced to Federal Prison for Immigration Fraud Conspiracy

SONGWOO SHIM, 48, of Lawrenceville, Georgia, was sentenced today by United States District Judge Charles A. Pannell, Jr. to serve three years, 10 months in federal prison for conspiring to encourage and induce aliens to reside unlawfully in the United States and for manufacturing fraudulent visa documents.

Acting United States Attorney Sally Quillian Yates said, “This defendant obtained approval from the Department of Homeland Security to operate an English language school by submitting a fraudulent application. He then used the school as a front for manufacturing and selling fraudulent immigration documents to hundreds of unlawful aliens who were not entitled to remain in the United States. The sentence handed down today is appropriate for his fraudulent scheme to circumvent the immigration laws of the United States.”

“Immigration fraud poses a serious threat to national security and public safety. It creates a vulnerability that may enable terrorists, criminals, and illegal aliens to enter and remain in the United States,” said Kenneth Smith, Special Agent in Charge of ICE's Office of Investigations in Atlanta. “ICE will not tolerate this flagrant violation of law and will continue to bring these violators to justice.”

SHIM was sentenced to three years, 10 months in prison to be followed by three years of supervised release, and ordered to forfeit $24,000 seized related to the case. SHIM was convicted of these charges on June 4, 2009 after pleading guilty.

According to Acting United States Attorney Yates, the charges and other information presented in court: SHIM submitted a fraudulent I-17 petition to the United States Department of Homeland Security (DHS), Student and Exchange Visitor Program (SEVP), supported by letters purportedly issued by three educational institutions of higher learning. SEVP is the DHS program that provides approval and oversight to schools authorized to enroll nonimmigrant students. Non-accredited educational institutions seeking SEVP certification must submit letters from three institutions that are accredited by the United States Department of Education stating that the institutions have accepted transfer credits unconditionally on behalf of the students. The three letters submitted by SHIM in support of the I-17 petition for HLLC were forged or fraudulently obtained without the knowledge of the accredited institutions that purportedly issued the letters. In July 2006, DHS awarded SEVP-approved status to Humana Language Learning Center in Duluth, which SHIM managed and operated, based on the fraudulent I-17 petition he submitted.

After SHIM fraudulently obtained SEVP certification for Humana Language Learning Center, he and other individuals acting at his direction, including co-defendant IN YOUNG PARK, 36, of Duluth, Georgia, began facilitating the issuance of F-1 student visas to foreign-born individuals who were not eligible for those visas. SHIM, PARK, and others acting at SHIM’s direction manufactured and provided false documents, including resumes, school transcripts, diplomas, financial plans and statements, and I-94 forms, to the aliens to be used in support of applications for F-1 nonimmigrant student status. SHIM maintained document labs with computer equipment and files, first in an apartment in Alpharetta and then at an apartment in Duluth, where the fraudulent documents were manufactured. Although Humana Language Learning Center reported to DHS that it had enrolled hundreds of students, the vast majority of the aliens who obtained F-1 status never attended Humana Language Learning Center. SHIM charged the aliens thousands of dollars, purportedly as “tuition,” but actually for the fraudulent documents he provided them for the purpose of obtaining F-1 status.

PARK was convicted on June 12, 2009, after pleading guilty to conspiring with SHIM to encourage and induce aliens to reside unlawfully in the United States and to manufacture fraudulent immigration documents. PARK worked for SHIM and was responsible for creating the fraudulent documents in the two document labs. On August 11, 2009, Judge Pannell sentenced PARK to two years, three months in federal prison to be followed by three years of supervised release. Upon her release from prison, PARK, who is not a United States citizen, will be turned over to immigration authorities for proceedings to remove her from the United States.

This case was investigated by Special Agents of the Department of Homeland Security, Immigration and Customs Enforcement, and the Federal Bureau of Investigation, assisted by other law enforcement agencies in the Document and Benefit Fraud Task Force.

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Saturday, August 29, 2009

100 Days of Summer H.E.A.T. Program Underway

/24-7/ -H.E.A.T. - Targeting Aggressive Drivers

This year, the Georgia Governor's Office of Highway Safety and local law enforcement agencies came together for the sixth year of the 100 Days of Summer H.E.A.T. (or "Highway Enforcement of Aggressive Traffic") program. The program is a multi-jurisdictional effort mounted by police departments, sheriff deputies, state troopers and state motor carrier compliance officers in 159 counties across the state to crack down on aggressive drivers during the busy summer season and other holiday seasons.

In particular, law enforcement officers target drunk drivers, speeders and those not wearing their seatbelts or using proper child safety restraints -- offenses that statistics have shown to be the top three causes of fatalities on Georgia's roadways.

Operation Zero Tolerance - Enforcing the State's DUI Laws

As a part of the H.E.A.T. program, the police ran a second campaign specifically during the Fourth of July holiday period to enforce Georgia's "Over the Limit, Under Arrest" program. Running from June 19-July 5, Operation Zero Tolerance sought to decrease the number of alcohol-related accidents and deaths during the weeks that preceded the long holiday weekend. Last year alone, nearly 50% of the fatalities during the 4th of July holiday involved a drunk driver. Police in several counties conducted DUI dragnets over the 4th of July weekend as part of Operation Zero Tolerance. It appears that such law enforcement efforts will continue over future holiday weekends, perhaps including the upcoming end of summer Labor Day period.

Georgia DUI Penalties

With the state's increased focus on enforcing its traffic laws -- and more specifically, drunk driving laws -- it is important for all drivers to be aware of the steep penalties they face for even a first time offense. In the state of Georgia, there is no such thing as a simple slap on the wrist for a DUI charge.

First Offenses

According to section 40-6-391 of Georgia's criminal code, first time DUI offenders face:
-A fine of not less than $300.00 and not more than $1,000. 00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not fewer than ten days nor more than 12 months, which period of imprisonment may, at the sole discretion of the judge, be suspended, stayed, or probated, except that if the offender's alcohol concentration at the time of the offense was 0.08 grams or more, the judge may suspend, stay, or probate all but 24 hours of any term of imprisonment imposed under this subparagraph
-Not fewer than 40 hours of community service, except that for a conviction for violation of subsection (k) of this Code section where the person's alcohol concentration at the time of the offense was less than 0.08 grams, the period of community service shall be not fewer than 20 hours
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1; provided, however, that in the court's discretion such evaluation may be waived
-Finally, if the person is sentenced to a period of imprisonment for fewer than 12 months, a period of probation of 12 months less any days during which the person is actually incarcerated

Second Offenses

For second offenses -- defined as any second DUI offense within a ten year period -- the potential penalties are tougher, and could include:
-A fine of not less than $600.00 and not more than $1,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not fewer than 90 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 72 hours of actual incarceration
-Not fewer than 30 days of community service
-3 year license suspension
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of 12 months less any days during which the person is actually incarcerated

Third Offenses

While first and second DUI offenses are categorized as misdemeanors, a third conviction within a ten year period is deemed a high and aggravated misdemeanor, with potential penalties as follows:
-A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose; provided, however, that the offender shall be required to serve not fewer than 15 days of actual incarceration
-Not fewer than 30 days of community service
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of 12 months less any days during which the person is actually incarcerated
-Additionally, those receiving their third DUI conviction within five years of their second conviction are considered "habitual violators"

Fourth (and Subsequent) Offenses

A fourth DUI conviction within a 10 year period is a felony, as long as all of the DUI convictions occurred after July 1, 2008. As such, the penalties for a fourth conviction are more severe, and could include:
-A fine of not less than $1,000.00 and not more than $5,000.00, which fine shall not, except as provided in subsection (g) of this Code section, be subject to suspension, stay, or probation
-A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph. The judge shall probate at least a portion of such term of imprisonment, in accordance with subparagraph (F) of this paragraph, thereby subjecting the offender to the provisions of Article 7 of Chapter 8 of Title 42 and to such other terms and conditions as the judge may impose
-Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service
-Completion of a DUI Alcohol or Drug Use Risk Reduction Program. The sponsor of any such program shall provide written notice of the department's approval of the program to the person upon enrollment in the program
-A clinical evaluation as defined in Code Section 40-5-1 and, if recommended as a part of such evaluation, completion of a substance abuse treatment program as defined in Code Section 40-5-1
-A period of probation of five years less any days during which the person is actually imprisoned

Treatment Programs

Anyone convicted of any DUI offense is required to complete a DUI Alcohol or Drug Use Risk Reduction Program (often referred to as "DUI School"). Also, those convicted of a DUI offense are required to undergo a clinical evaluation to determine if additional drug and/or alcohol treatment is necessary. If it is determined to be necessary, the offender is required to complete the program -- either as a part of their sentence or as a condition for their probation -- and pay for the program out-of-pocket.

Ignition Interlock Devices

Per section 42-8-111 of Georgia's criminal code, anyone who receives their second or subsequent DUI conviction within 5 years of a previous conviction is required to install an ignition interlock device in their vehicles for at least 6 months. Ignition interlock devices are breathalyzers installed in the car that the driver must blow into before starting the ignition. If the device detects any alcohol at all on the driver's breath, the vehicle will not start. The driver also may have to breathe into the machine at irregular intervals after the car has been started in order to continue operating the vehicle. Offenders are required to pay for the costs to install the ignition interlock device in addition to any maintenance fees.

Conclusion

The State of Georgia is taking drunk driving seriously, not just during the summer holiday season, but also throughout the entire year. If you have been charged with drunk driving, you should not underestimate the consequences such a charge will have on the rest of your life. Not only are you facing increased insurance premiums and losing your driver's license, but you also may be out thousands of dollars and have to live with the social stigma of being a "drunk driver." For more information on defending against a drunk driving charge, contact an experienced DUI attorney.

Article provided by Howard Weintraub PC

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Friday, August 28, 2009

Tyrone Police Chief: New Sex Offender Search Website Released by Sheriff Hannah's Office

I was just notified of a new website maintained by the Sheriff's Office that allows citizens to view registered sex offenders and register to receive email alerts if one moves into your area. Visit the Sheriff Dept. website and then click on the Sex Offender Search button under the Sheriff Badge. Have a safe weekend. - Chief Brandon Perkins

Wednesday, August 26, 2009

Former Fulton County Jail Lieutenant Pleads Guilty to Using Excessive Force Against Inmate and Lying to FBI Agent

EARL GLENN, 47, of McDonough, Georgia, a former lieutenant at the Fulton County Jail, pleaded guilty August 25 in federal court in Atlanta to using excessive force against an inmate in his custody and to lying to an FBI agent about the incident.

Acting United States Attorney Sally Quillian Yates said, “The public deserves to put their trust and confidence in our community’s law enforcement officers, and honorable law enforcement officers deserve that trust and confidence. This former Lieutenant, who was a supervisor at the Fulton County Jail, betrayed and violated that trust and confidence by beating an inmate and lying about it to the FBI. Now he faces federal prison.”

Gregory Jones, FBI Special Agent in Charge of the Atlanta Office, said, “Law enforcement professionals, as part of their basic duties and responsibilities, are sworn to uphold the U.S. Constitution and its underlying principles of due process. Those serving in management roles are held to an even higher standard of ensuring that these oaths are followed and that civil liberties are protected. Not only did former Lt. Glenn fail do this, he obstructed the federal investigation looking into this matter. I would hope that others within the law enforcement community would take this as an opportunity to reflect on their own sworn oaths and to remember what it means.”

According to Acting United States Attorney Yates, the charges and the information presented during yesterday’s plea hearing: GLENN acknowledged that he abused his authority as a law enforcement officer on August 9, 2008, when he unnecessarily and repeatedly struck an inmate who was previously involved in an altercation with another detention officer. GLENN agreed that his conduct resulted in bodily injury to the inmate and violated federal law and the constitutional right of the Fulton County inmate not to be deprived of liberty without the due process of law. Two of GLENN’s fellow detention officers witnessed the incident and eventually reported to federal investigators that GLENN had used excessive force against the inmate. Additionally, GLENN admitted that he lied to a Special Agent with the FBI when he was interviewed about the incident on January 28, 2009.

GLENN is scheduled to be sentenced by United States District Court Judge Thomas W. Thrash, Jr., on November 6, 2009, at 11:00 a.m. GLENN faces a maximum sentence of 15 years in prison and a maximum fine of $500,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

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Saturday, August 22, 2009

Gainesville Man Sentenced to 12 Years in Prison for Operating a Ponzi Scheme

WENDELL RAY SPELL, 50, of Gainesville, Georgia, was sentenced August 20 by United States District Judge William C. O’Kelley to serve 12 years in federal prison for committing wire fraud in the execution of a scheme that defrauded investors out of more than $16 million.

United States Attorney David E. Nahmias said of the case, “This is another in a long line of multi-million dollar get-rich-quick schemes we have prosecuted in recent years. In this case, the con man raised more than $60 million by falsely leading investors to believe that they were purchasing construction equipment for resale, and that they would earn above-market returns with little or no risk to their investment capital. In fact, the defendant was not investing the money as promised but, instead, was using it to create an aura of legitimacy for his failing business. These fraudulent investment schemes come in many guises but seem to have one thing in common-- the ‘guaranteed’ returns are literally too good to be true.”

SPELL was sentenced to serve 12 years in prison followed by 3 years of supervised release, and ordered to pay restitution in an amount to be determined later by the Court. SPELL pleaded guilty to the charge on March 23, 2009.

According to Nahmias and information presented in court: From February 2005 through October 2008, SPELL was in the business of buying and selling construction equipment in Gainesville, Georgia. SPELL did business in the names of “North Georgia Equipment Sales, LLC,” and “Cornerstone International Investments, LLC.” In order to keep his failing businesses afloat, SPELL sought and obtained from investors the necessary funds to purchase additional construction equipment, which he said he could re-sell to third parties for a substantial profit. SPELL promised some of the investors that he would split the profits with them on a 50/50 basis, and he promised other investors that he would pay them interest at the rate of 36% per year.

Based upon such promises, SPELL obtained more than $60 million in investment capital from more than 50 investors in Gainesville, Georgia and elsewhere. SPELL then led the investors to believe that he had used their money to purchase specific pieces of construction equipment, which he knew he had not purchased. SPELL prepared and provided to the investors bogus bills of sale and other counterfeit documents to make it appear that he had purchased certain equipment as promised, thereby lulling the investors into a false sense of security and delaying or preventing their complaint to law enforcement authorities, and leading them to invest additional funds in his fraudulent scheme. SPELL used a substantial portion of the fraud proceeds to pay phantom "profits" to the investors, to pay his own personal expenses, and to purchase a variety of real and personal property for himself and his family members.

This case was investigated by Special Agents of the Federal Bureau of Investigation, the Georgia Bureau of Investigation (GBI) Region 8 Investigative Office, the GBI High Technology Unit and the Criminal Investigations Division of the Hall County Sheriff's Department.

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Friday, August 21, 2009

“Crown Royal Bandit” Pleads Guilty

BRUCE ALLEN HUGHES, 48, of Blairsville, Georgia, pleaded guilty this morning in federal district court to two counts of conspiracy to commit the armed robbery of 29 banks over 11 years, five counts of armed bank robbery, six counts of use of a firearm during the commission of a violent felony, and possession of a firearm by a convicted felon.

United States Attorney David E. Nahmias said, “Today’s guilty plea will lead to a life sentence for one of the most prolific armed bank robbers ever to plague the citizens of Georgia. Never again will this violent criminal terrorize another teller or customer as he did over the last decade. Thanks to literally years of exhaustive investigation, the reign of the Crown Royal Bandit is over.”

FBI Atlanta Special Agent in Charge Greg Jones said, “The FBI is very pleased to close its case on the Crown Royal Bandit. The law enforcement resources expended on this investigation by the Atlanta FBI's Violent Crimes Squad were a necessary burden. The many bank employees and customers that bore the brunt emotionally of this defendant’s robberies can take some measure of satisfaction that he will now be off the streets and that the FBI stayed the course in the pursuit of justice.”

According to United States Attorney Nahmias and the information presented in court: HUGHES pleaded guilty to charges related to armed bank robberies that occurred between May 7, 1997, and February 21, 2008, in the Northern and Middle Districts of Georgia. HUGHES, who was also known as “Brian Scott Hughes,” “Bruce Alan Hughes,” and “Bruce Allen Hughes,” participated in 29 armed bank robberies, many of which involved the use of a mask and the display of a gun, which was fired during two of the bank robberies. The FBI and other agencies referred to the string of robberies as having been committed by the “Crown Royal Bandit” because in the first few bank robberies the robber used purple “Crown Royal” liquor bags to collect the cash. The charges include one robbery, and a charge of use of a firearm during the commission of a violent felony in the Middle District of Georgia (Athens). HUGHES stole a total of over $300,000 in the robberies.

HUGHES was charged in a second superseding indictment in the Northern District of Georgia in June of 2009 on two counts of conspiracy to commit armed bank robberies, four counts of armed bank robbery, five counts of use of a firearm during the commission of a violent felony, and one count of possession of a firearm by a convicted felon. Today, he pleaded guilty to all of the charges in both Districts. He could receive a maximum sentence of life plus 175 years in prison, with a mandatory minimum of 147 years in prison and a fine of up to $3,500,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

A sentencing date for HUGHES has not yet been set before United States District Judge Richard W. Story.

This case is being investigated by Special Agents of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Significant assistance in this case has been provided by the Athens-Clarke County Police Department, the Banks County Sheriff’s Department, the Fannin County Sheriff’s Department and the Madison County Sheriff’s Department.

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Thursday, August 20, 2009

Atlanta Area Lawyer Sentenced to Over 10 Years in Prison for Operating a $40 Million “Ponzi” Investment Scheme

ROBERT P. COPELAND, 47, of Marietta, Georgia, was sentenced today by United States District Judge Beverly B. Martin to serve over 10 years in federal prison on a charge of wire fraud, relating to a $40 million investment fraud scheme.

United States Attorney David E. Nahmias said, “Many victims lost their life savings and retirements as a result of this massive and long-running scam, perpetrated by a lawyer who purposefully solicited retirees. He will now receive the retribution and punishment that this devastating crime requires.”

COPELAND was sentenced to 10 years, one month in prison to be followed by 3 years of supervised release, and ordered to pay restitution of approximately $16.7 million. The United States has also seized or frozen numerous assets relating to COPELAND’s scheme, including 12 real estate properties, bank accounts, artwork, jewelry, automobiles, and stock certificates. COPELAND pleaded guilty to the charge on April 9, 2009.

According to United States Attorney Nahmias and other information presented in court: COPELAND, a Marietta-based real estate and elder law attorney, operated a fraudulent investment scam, commonly known as a “Ponzi” scheme, from at least 2004 through early 2009. He solicited individuals directly, through seminars he participated in, and through financial planners to whom he paid commissions in exchange for referrals of investment clients. COPELAND falsely represented that he would use an investor’s money in lucrative real estate financing and/or development activities, such as by funding a mortgage or bridge loan to a real estate purchaser who needed financing.

Typically, COPELAND would promise returns as high as 15% every 6 to 12 months, and would furnish the investor a note and security deed that would purport to document the investor’s secured interest in a particular piece of real estate. Based on these representations, COPELAND raised more than $40 million since 2004 from hundreds of investors nationwide. Some of these investments constituted retirement funds.

COPELAND’s investment business was a scam. He was engaged in little if any real estate financing, development, or other profit-making activities with investor funds. The notes and security deeds he furnished investors were in almost all cases bogus. Instead of using investor funds in the ways he had represented, he operated a so-called “Ponzi” scheme. In other words, COPELAND used new investments to pay earlier investors the distributions that he had promised. When the time came to pay the new investors, he would have to solicit and take in yet more investments. This created an unsustainable and ever-expanding mountain of debt. When the scheme collapsed in early 2009, COPELAND was left owing over $28 million to over 125 victims.

The case remains under investigation.

This case is being investigated by Special Agents of the FBI. The U.S. Securities and Exchange Commission is pursuing a related civil enforcement action.

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Georgia Man Sentenced to Prison for Sending Terroristic Threats to FBI

MICHAEL ROBERT DEJONG, 24, of Auburn, Georgia, was sentenced yesterday by United States District Judge William C. O’Kelley to serve one year in federal prison on a charge of using the Internet to threaten to destroy buildings of the Federal Bureau of Investigation by fire or explosives.

United States Attorney David E. Nahmias said, “Any threat to national security, however communicated, must be taken seriously, investigated thoroughly, and prosecuted fully, even if ultimately determined to be a hoax. This repeat offender is being justly punished for his actions.”

DEJONG was sentenced to one year in prison, to be followed by three years of supervised release. DEJONG pleaded guilty to the charges on May 14, 2009.

According to United States Attorney Nahmias and other information presented in court: On February 4, 2009, DEJONG, identifying himself as “Mr. L,” sent a message to the threat/complaint page of the FBI's Internet website. In that message, DEJONG stated, in part, that he “was locked up for threatening President Bush in 2007-2008" and was charged with “interfering with the performance of the Secret Service.” DEJONG further threatened that he would “destroy every single FBI building. Starting here in Atlanta.” DEJONG’s message also included various statements regarding “failure,” “loss of hope,” and “loss of trust” in the country, as well as a comment that he is a “hero for [his] people.” After examining the computer used to send the threat, the FBI identified the sender as DEJONG and arrested him.

DEJONG was convicted in 2008 in the United States District Court for the Northern District of Georgia of interfering with the performance of the Secret Service. DEJONG served a year in federal prison for that crime and was still on supervised release when he sent the threatening e-mail to the FBI in February 2009. Today, in addition to sentencing DEJONG for the new conviction, Judge O’Kelley sentenced DEJONG to another 10 months in prison for violating the conditions of his supervised release by engaging in new criminal conduct. DEJONG will serve the 10-month supervised release sentence after he serves the one year sentence imposed for the new conviction involving the FBI hoax.

This case was investigated by special agents of the Federal Bureau of Investigation.

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Wednesday, August 19, 2009

States Increase Efforts to Combat Drunk Driving

/PRNewswire/ -- Drunk driving remains one of America's deadliest crimes. And the last few weeks of summer vacation are a time of increased road travel and drunk driving fatalities and injuries. According to the Insurance Institute for Highway Safety, August and September are among the most deadly periods on the roadways. The nation has made dramatic progress in reducing drunk driving deaths, but there were still more than 11,000 alcohol-impaired deaths in 2008 -- deaths that were completely preventable.

This is why GHSA's member State Highway Safety Offices are joining forces with law enforcement officers across the country to take part in the national "Drunk Driving. Over the Limit. Under Arrest." crackdown on impaired driving during the Labor Day holiday period. The crackdown, which runs from August 21 through September 7, includes sobriety checkpoints and saturation patrols, as well as a $13 million national media campaign supplemented by state-funded advertising.

This year, increased awareness is focused on women, who represent a growing percentage of drunk drivers. According to FBI figures that cover about 56 percent of country, the number of women arrested for driving under the influence of alcohol or drugs was 28.8 percent higher in 2007 than it was in 1998, while the number of men arrested declined 7.5 percent. Additionally, a new study from the Washington University School of Medicine reports a 40 percent increase in binge drinking among women ages 21 to 23 from 1979 to 2006.

State data also demonstrate this trend. In California, women accounted for nearly 19 percent of all DUI arrests in 2007, compared with 14 percent in 1998. Minnesota also saw a 5 percent increase in female DUI arrests during this period. Other states including Vermont, Missouri, New Jersey and New Mexico reported similar trends. States are beginning to address this trend in their media messaging. New Mexico recently conducted a campaign entitled "Women Drive Drunk, Too."

Barbara Harsha, Executive Director of GHSA, expects more states to focus on anti-DUI efforts toward women. Harsha says, "Women are driving more like men and, unfortunately, have picked up some of their dangerous habits. While males continue to represent the large majority of DUI arrests, it is alarming that women's rates have increased so significantly."

While the crackdown's enforcement and education components are helping to curb the number of drunk drivers on the road, progress is also being made on the legislative and technological fronts. An increasing number of states now require all convicted DUI offenders have an alcohol ignition interlock installed on their vehicle. This device measures a driver's Blood Alcohol Content (BAC) through a breath test before the car is allowed to start. Just this year, three more states have enacted this law, bringing the total number of states with such rules to 11.

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Tuesday, August 18, 2009

GEMA’s Ready Georgia Encourages Residents to Take Action During National Preparedness Month

PREPAREDNESS top-of-mind amid h1n1 threat, hurricane season

As the H1N1 pandemic flu and Atlantic hurricane season’s peak continue to threaten residents across the state, Governor Sonny Perdue is proclaiming Georgia’s support of National Preparedness Month in September. Ready Georgia, the state’s emergency preparedness campaign from the Georgia Emergency Management Agency (GEMA), is asking all residents to create a Ready kit, develop a household communications plan and stay informed about potential local emergencies.

“An overwhelming majority – almost 80 percent – of our state’s residents admit they are not prepared to face a large-scale disaster,” said Charley English, director of GEMA and the Office of Homeland Security. “By acting on Ready Georgia’s simple message of ‘prepare, plan and stay informed,’ individuals, families, businesses and communities have the power to become their own first responders during emergency situations.”

National Preparedness Month, sponsored by the U.S. Department of Homeland Security’s Ready America campaign, is a nationwide effort to increase awareness and encourage action for emergency preparedness. Nearly 2,000 private, public and nonprofit organizations across the country participate as National Preparedness Month Coalition Members and are creating a culture of emergency preparedness by hosting events and initiatives during September.

“Here in Georgia, Community Emergency Response Teams, local emergency management agencies and other organizations are participating in National Preparedness Month alongside GEMA and Ready Georgia,” continued English. “Individuals and families can turn to our Ready Georgia site to create an interactive, customizable communications plan and supply list.”

Visitors to www.ready.ga.gov simply enter their information and receive a tailored plan for the entire family that includes the specific amount of supplies to put in their household Ready kits. The site also offers local emergency contact information, preparedness testimonials from prominent Georgians and an online toolkit to help individuals and organizations localize Ready Georgia’s message.

To empower Georgia’s youth, Ready Georgia is partnering with The Home Depot stores across the state for the second consecutive year to bring the message of preparedness to thousands of families during The Home Depot’s monthly Kids Workshop on Sept. 5. Georgia’s fifth-graders also have the chance to take part in National Preparedness Month by entering Ready Georgia’s “Get Ready Georgia” art and essay contest, encouraging students to draw upon their personal experiences of how their families have already prepared for an emergency or how they plan to prepare.

For more information on Ready Georgia and ways to take part in National Preparedness Month, visit www.ready.ga.gov, and for information on preparing for H1N1 Influenza in Georgia, visit www.health.state.ga.us/h1n1flu.
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Mercer University to Hold Public Safety Impact Day in Henry

Mercer University will hold the inaugural Public Safety Impact Day in Henry County on Saturday, Aug. 22, from 10 a.m. to 3 p.m. This free community event will be held at Mercer’s Henry County Regional Academic Center, located at 160 Henry Parkway in McDonough.

The event is free for the community and is sponsored by the College of Continuing and Professional Studies as part of the roll-out of its newly reformulated undergraduate major in public safety in Henry County. The University has partnered with several co-sponsors to hold demonstrations and booths. Among the co-sponsors are the McDonough Fire Department, McDonough Police Department, Henry County Police Department, Henry County SWAT, Henry County K-9, Henry County Fire Department, the Henry County COPS program, Henry County Sheriff’s Office, Henry County Emergency Management and the Georgia State Patrol. The public safety demonstrations will take place every 30 minutes throughout the event.

In addition to the demonstrations, the event includes food, refreshments and child-friendly activities including a clown and a moonwalk. The event will also include free parking and shuttle service.

“Our public safety partners in the area were extremely happy to work with us to create a dynamic event that showcases the many aspects and dimensions of public safety,” said Dr. Larry D. Stewart, associate professor and program coordinator for the master’s degree in public safety leadership. “In a post-9-11 world, our public safety responses have to be integrated and comprehensive, from police and fire departments to emergency management, emergency medical services, and emergency preparedness. Our public safety partners have been extremely supportive of this event in part because of their understanding that effective public safety relies on cooperation with each other and a variety of community-based partners. Our partnerships reflect the role that educational institutions can play in establishing relationships among public safety agencies, businesses and the community to address the enormous challenge of homeland security in Georgia.”

The College of Continuing and Professional Studies reformulated its criminal justice undergraduate major into a degree in public safety to align it with the changing landscape of public safety. The profession has shifted from distinctive emergency services such as law enforcement, fire and emergency response into a more cohesive and professionalized framework. With new threats demanding an integrated response, this new degree will train a new breed of cross-trained professionals. Included in the new coursework for this program are courses in homeland security, cyber security, forensics, emergency management, terrorism, leadership and multicultural issues.

The undergraduate major compliments the College’s highly successful Master of Science in Public Safety Leadership program. The master’s degree was established in 2006 to train new leaders in the both the traditional elements and practices of public safety while addressing new challenges and advocating new directions for the traditional public safety within the new framework of homeland security. Designed for practicing and aspiring public safety leaders, the curriculum includes professional leadership principles, updated administrative practices, information gathering and sharing, risk and threat assessments, intelligence analysis, preparation for mass disasters including weapons of mass destruction, risk management, preemption of terrorism and use of consolidated incident command systems.

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Wednesday, August 12, 2009

Atlanta Defendant Found Guilty of Supporting Terrorists

A federal jury has found Ehsanul Islam Sadequee, 23, of Roswell, Ga., guilty on all four counts of an indictment charging him with supporting terrorists and a foreign terrorist organization, after a trial that lasted seven days. The jury deliberated for approximately five hours before reaching the guilty verdicts. U.S. District Judge William S. Duffey, Jr. presided over the trial.

David Kris, Assistant Attorney General for National Security, said, “This investigation and the two resulting trials of Mr. Sadequee and Mr. Ahmed underscore the importance of international and domestic cooperation in combating terrorism. The agents, analysts and prosecutors involved in these cases and in related investigations around the world deserve a special thanks for their efforts.”

U.S. Attorney for the Northern District of Georgia David E. Nahmias said, “With this guilty verdict, a long and successful international counter-terrorism investigation comes to a close. Defendants in the United States, the United Kingdom, Bosnia, and elsewhere - all of whom conspired together to provide material support to violent jihad - are now safely behind bars. For that, we can be thankful. This case remains, however, a sobering reminder that terrorism and its supporters are not confined to distant battlefields in Iraq and Afghanistan. As recent events further demonstrate, there are still some American citizens willing to take up arms against the United States, our people, our allies, and our interests. In the face of this clear threat, federal law enforcement must and will remain vigilant, seeking to disrupt future terrorist networks before a timer is ticking or a trigger is pulled. I commend the many law enforcement agents, prosecutors, and support staff who have worked so hard for so long to gather and present the evidence that led to today's guilty verdict and all the other terrorism convictions around the world that were part of this case.”

Atlanta FBI Special Agent in Charge Gregory Jones said, “The FBI continues to investigate a growing number of cases involving U.S. citizens providing material support to terrorists. However, as we move further away from the tragic events of September 11, 2001, there also seems to be a growing public perception that such conduct is harmless, especially since no bombs were exploded and no one was killed. This defendant, like many others we have investigated, tried to argue that his criminal conduct and activities were protected by the First Amendment of the U.S. Constitution. The FBI does not buy that argument and today the jury agreed." Jones added, "I would like to thank our law enforcement and intelligence community partners, domestic and international, who provided tremendous assistance to the Atlanta FBI Joint Terrorism Task Force throughout the investigation and prosecution of Sadequee, Syed Haris Ahmed, and their co-conspirators.”

According to U.S. Attorney Nahmias and the evidence presented during the trial, which began on August 3, 2009: Sadequee was born in Fairfax, Va., in 1986. He attended school in the United States, Canada, and Bangladesh. In December 2001, while living in Bangladesh, he sent an email seeking to join the Taliban, to help them in their fight against United States and coalition forces in Afghanistan. Several years later, in late 2004 and early 2005, Sadequee, having returned to the United States to his family home in Roswell, entered an illegal agreement - a conspiracy - with others to provide material support to terrorists engaged in violent jihad.

The evidence indicated that the material support consisted of (1) Sadequee; his co-defendant, Syed Haris Ahmed, who was convicted after a bench trial in June 2009; and other individuals who intended to provide themselves as personnel to engage in violent jihad abroad and in the United States, and (2) property, namely, short videos of symbolic and infrastructure targets for potential terrorist attacks in the Washington, D.C., area, including the U.S. Capitol, the World Bank, the Masonic Temple, and a fuel tank farm -- all of which were taken by Sadequee and Syed Haris Ahmed to be sent to “the jihadi brothers” abroad.

At trial the government presented evidence that Sadequee and his co-conspirators used the internet to develop relationships and maintain contact with each other and with other supporters of violent jihad in the United States, Canada, the United Kingdom, Pakistan, Bosnia and elsewhere. In support of the conspiracy, in March 2005, Sadequee traveled with Syed Haris Ahmed to Toronto, Canada, to meet with other co-conspirators, including Fahim Ahmed, one of the “Toronto 18” suspects now awaiting a terrorism trial in Canada. While in Canada, Sadequee and his co-conspirators discussed their plans to travel to Pakistan in an effort to attend a paramilitary training camp operated by a terrorist organization, such as Lashkar-e-Tayyiba (LET), as preparation for engaging in violent jihad abroad or in the United States. They also discussed potential targets for terrorist attacks in the United States.

In April 2005, Sadequee and Syed Haris Ahmed drove to the Washington, D.C., area to take the casing videos, which the government’s evidence showed they made to establish their credentials with other violent jihad supporters as well as for use in violent jihad propaganda and planning. Sadequee later sent several of the video clips to Younis Tsouli, aka “Irhabi007” (Arabic for “Terrorist 007”), a propagandist and recruiter for the terrorist organization Al Qaeda in Iraq, and to Aabid Hussein Khan, aka “Abu Umar,” a facilitator for the Pakistan-based terrorist organizations LET and Jaish-e-Mohammed (JEM). Both Tsouli and Khan have since been convicted of terrorism-related offenses in the United Kingdom and are imprisoned there.

During the trial, the government’s evidence showed that Sadequee and Khan, using a members-only violent jihadist web forum known as At-Tibyan Publications, also tried to recruit at least two other individuals to participate in violent jihad. One, a self-identified 17-year-old American convert, was praised by Sadequee for his “capacity of fulfilling [his] largest obligations in [his] native land.”

The government also presented evidence at trial that in July 2005, Syed Haris Ahmed traveled from Atlanta to Pakistan in an attempt to enter a training camp and then engage in violent jihad. While in Pakistan, Syed Haris Ahmed met with Aabid Hussein Khan and the two discussed Ahmed’s intention of joining a camp. However, Ahmed’s family and others convinced him to postpone that effort. The day before Syed Haris Ahmed returned to Atlanta, Sadequee departed Atlanta for Bangladesh, carrying with him, hidden in the lining of his suitcase, an encrypted CD; a map of Washington, D.C., that included all of the targets he and Syed Haris Ahmed had cased; and a scrap of paper with Khan’s mobile phone number in Pakistan.

Once in Bangladesh, Sadequee began to conspire more closely with Younis Tsouli and Mirsad Bektasevic, a Swedish national of Serbian origins. Specifically, Tsouli, Bektasevic, Sadequee and others formed a violent jihadist organization known as “Al Qaeda in Northern Europe.” The group was to be based in Sweden and focus on terrorist attacks in Europe. The evidence at trial showed that in October 2005, Sadequee sought a visa that would allow him to relocate from Bangladesh to Sweden. Bektasevic was arrested in Sarajevo, Bosnia and Herzegovina, on Oct. 19, 2005. He and a co-conspirator were found in possession of over 20 pounds of plastic explosives, a suicide belt containing plastic explosives and a detonator, and a firearm with a silencer. Bektasevic also had in his pocket a cassette containing a video demonstrating how to make detonators; displaying an arsenal of semi-automatic weapons, grenades, explosives and other arms, and announcing they were for use in Europe; and depicting Bektasevic and others placing a grenade booby trap in a forest near Sarajevo. Sadequee had been in electronic and telephonic contact with Bektasevic as recently as three days before Bektasevic’s arrest, discussing the silencer and explosives Bektasevic had acquired for the group and the making of Bektasevic’s video. Bektasevic has since been convicted of terrorism offenses in Bosnia and Herzegovina, and is imprisoned there.

Meanwhile, after returning to Atlanta to resume his studies at Georgia Tech in August 2005, Syed Haris Ahmed remained in contact with Sadequee, expressed regret at his failure to join violent jihadists in Pakistan, conducted Internet research on topics such as high explosives and defeating Special Operations troops, and discussed his intent to make another attempt to enter a training camp. In March 2006, Ahmed was approached by FBI agents and agreed to a series of voluntary, non-custodial interviews over the course of eight days. Amid efforts to deny his illegal activities and mislead the agents, Ahmed made increasingly incriminating statements. Efforts by the FBI to obtain Ahmed’s cooperation in the ongoing international terrorism investigation ended after the FBI discovered that Ahmed was surreptitiously contacting Sadequee, who was still in Bangladesh, to advise him of the FBI investigation and warn him not to return to the United States.

Sadequee was arrested by the FBI on April 20, 2006, in Bangladesh, on charges arising out of false statements he made in an August 2005 interview with the FBI at JFK Airport in the Eastern District of New York (EDNY). Sadequee was indicted in this district on July 19, 2006, and transferred to Atlanta in August of that year, after the charges in EDNY were dismissed at the Government’s request.

At trial, Sadequee elected to represent himself, with stand-by counsel present to assist him as requested.

Sadequee was convicted today of (1) conspiring to provide material support to terrorists; (2) attempting to provide and providing material support to terrorists; (3) conspiring to provide material support to Lashkar-e-Tayyiba (LET), a designated foreign terrorist organization; and (4) attempting to provide material support to LET. The material support for terrorists consisted of personnel and property (the Washington casing videos). The material support for LET consisted of personnel. Sadequee could receive a maximum sentence of 60 years in prison, followed by a term of supervised release up to life, and a fine of up to $1,000,000. In determining the actual sentence, the court will consider the U.S. Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders. Sentencing for Sadequee and Ahmed is scheduled before Judge Duffey on Oct. 15, 2009, at 9:30 a.m.

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Monday, August 10, 2009

Man Arrested on Charges of Conspiracy to Assault Federal Officers and Employees

Special Agent in Charge (SAC) Gregory Jones, FBI Atlanta; and Federal Protective Services, U.S. Immigration and Customs Enforcement announces the arrest today of Michael Eugene Hale, age 38. Hale was arrested on Friday, August 7, 2009, at his place of employment, 5427 Veterans Parkway, Columbus, Georgia, by FBI Special Agents and FPS Agents, without incident. Hale was charged with a violation of Title 18, Section 115(b), Conspiracy to Assault Federal Officers/Employees.

On Friday, August 7th, 2009, Special Agents and Officers of the FBI, FPS, Bureau of Alcohol, Tobacco and Firearms (ATF), Columbus Homeland Security Office and Investigators of the Harris County, Georgia Sheriffs Office executed a federal search warrant at 1285 Central Church Road, Midland, Georgia in connection with this investigation.

Hale is currently lodged in the Muscogee County Jail and will appear before a U.S. Magistrate Judge in Columbus, Georgia on August 11, 2009, for his initial appearance.

This investigation was conducted jointly by the above noted agencies and stems from an alleged threat to the Social Security Office at Columbus, Georgia.

The public is reminded that all persons are to be considered innocent until proven guilty in a court of law.

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The Home Depot Partners with GEMA’s Ready Georgia to Teach Thousands of Kids about Emergency Preparedness

The Home Depot is teaming with Ready Georgia, the emergency preparedness campaign from the Georgia Emergency Management Agency, to help Georgia’s youth learn about emergency preparedness. In recognition of National Preparedness Month, the free September Kids Workshop at The Home Depot will feature valuable information from Ready Georgia. Every child who attends will make a bean bag toss game and receive a Ready Kids activity book, a kid-sized orange apron and an achievement pin.

Where: All Home Depot locations throughout Georgia.
Find a store near you at www.HomeDepot.com.

When: Saturday, Sept. 5
9 a.m. – Noon

Who: Workshops are designed for children ages 5 to 12, and parents are welcome to attend.

Why: The Home Depot Kids Workshops teach children do-it-yourself skills and tool safety while instilling a sense of accomplishment. Kids will also learn about the importance of preparing for the unexpected and how they can help their families plan, prepare and stay informed.

Web: Ready Georgia: www.ready.ga.gov
The Home Depot: www.homedepot.com

ICE and DOJ Sign Agreements to Share Information on Drug Trafficking and Organized Crime

/PRNewswire/ -- U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) signed two Memoranda of Understanding (MOUs) on Thursday, Aug. 6, 2009, to foster increased communication between participating agencies at the Organized Crime Drug Enforcement Task Force (OCDETF) Fusion Center and the International Organized Crime Intelligence and Operations Center (IOC-2).

"The OCDETF Fusion Center and IOC-2 are founded on the principle that we can accomplish more together than we can separately," said Deputy Attorney General David W. Ogden. "By bringing together the agencies and personnel with existing resources and expertise we can work more effectively as partners to shut down organized crime networks, seize assets and save taxpayer dollars in the process. This agreement, coupled with recent agreements between ICE, DEA and ATF will allow new levels of cooperation and intelligence sharing."

"These additional agreements we've signed with our Department of Justice law enforcement partners help us all better combat the worst criminal offenders," said Homeland Security Assistant Secretary for ICE John Morton. "By combining our resources, we expect to stop more drug smugglers and organized crime across the country."

By becoming an active participant in the OCDETF Fusion Center as outlined in one MOU, ICE will be adding more than 25 million records, including reports of investigation, wiretap intercept information and financial investigative material, from its drug-related investigations and drug-related financial investigations to the Fusion Center. ICE will also gain access to the additional agency information available through the Fusion Center. This increased partnership will further help in the joint fight against drug trafficking organizations by all of the other Fusion Center agencies, including the FBI, the U.S. Drug Enforcement Administration (DEA) and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).

The ability of all participating Fusion Center agencies to develop target profiles and actionable investigative leads to disrupt and dismantle significant drug traffickers is enhanced by the increase of information collected at the Fusion Center. In addition to sharing in one collection of information, coordinating with the Fusion Center allows participating law enforcement agencies to "de-conflict" their investigations. De-confliction ensures that two or more agencies are not duplicating resources or that one agency's investigation will not have a negative impact on another agency's investigation.

DOJ and ICE also signed an MOU regarding ICE participation in the newly-created IOC-2, which marshals the resources and information of nine U.S. law enforcement agencies, as well as federal prosecutors, to collectively combat the threats posed by international criminal organizations to domestic safety and security. It allows partner agencies to join together in a task force setting, combine data and produce actionable leads for investigators and prosecutors working nationwide to combat international organized crime, and to coordinate the resulting multi-jurisdictional investigations and prosecutions. ICE's new membership in IOC-2 will allow all the partner agencies to draw on data that now ICE will provide, while allowing ICE to work investigations with other agencies that may be targeting the same syndicates.

These latest MOUs follow closely on the heels of two additional agreements DEA and ATF, respectively, signed recently with ICE. Together, these agreements show a significant level of partnership and cooperation within the federal law enforcement agencies to target major criminal organizations.

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Sunday, August 9, 2009

On Heels Of Updated NOAA Hurricane Outlook, FEMA Emphasizes Public Preparedness

Friday, the National Oceanic and Atmospheric Administration issued a revised hurricane outlook for the 2009 hurricane season. While this outlook provides important trends and cycles, FEMA is taking this opportunity to remind the public that no one can predict where the next storm will strike or what the impacts of that storm will be. That is why it is critical, as we move into the more active phase of the hurricanes season, that we all take steps now to prepare ourselves and our families.

“If you live in a hurricane prone area, it is common sense to ensure your family is prepared,” said FEMA Administrator Craig Fugate. “We do not know where the next hurricane will strike, but what we do know is that the more the public does now to prepare, the better the outcome will be. I’m encouraging anyone in a hurricane prone state to take a few small steps to ensure their family is ready.”

Everyone, even, those living outside of hurricane-risk areas, should ensure they have taken steps to prepare including developing an emergency kit, getting training in CPR or first aid, and knowing if they live in an evacuation route.

Important items to have ready in case of an emergency include a battery-powered radio, flashlight, extra batteries, medicines, non-perishable food, hand-operated can opener, utility knife, and first aid supplies. Copy and store your important documents in a waterproof bag. These may include medical records, contracts, property deeds, leases, banking records, insurance records, and birth certificates.

Earlier this week Administrator Fugate released a video message on the importance of personal preparedness. The video can be viewed at: www.youtube.com/fema.

For more preparedness information, please visit www.fema.gov and www.ready.gov.
FEMA's mission is to support our citizens and first responders to ensure that as a nation we work together to build, sustain, and improve our capability to prepare for, protect against, respond to, recover from, and mitigate all hazards.
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Friday, August 7, 2009

Savannah Attorney Benjamin Sheftall Eichholz Indicted on $950,000 Embezzlement Scheme, Lying and Obstruction of Justice

Edmund A. Booth, Jr., United States Attorney for the Southern District of Georgia, announced August 6 the return of a seventy-seven count indictment by the federal grand jury against Savannah attorney Benjamin Sheftall Eichholz, age 58, charging an alleged scheme to embezzle more than $950,000 from employee pension benefit plans established to provide retirement benefits to present and former employees of the Eichholz Law Firm. The charges against Eichholz include Embezzlement from Employee Pension Benefit Plans in violation of Title 18, United States Code, Section 664; Money Laundering in violation of Title 18, United States Code, Section 1957; Mail Fraud in violation of Title 18, United States Code, Section 1341; False Statements in Documents Required to be Filed by ERISA in violation of Title 18, United States Code, Section 1027; Obstruction of Justice in violation of Title 18, United States Code, Section 1505; and False Statements in violation of Title 18, United States Code, Section 1001.

The indictment alleges that beginning in or before 2001 and continuing to in or about October 2008, through a variety of different means, Eichholz embezzled more than $950,000 from two employee pension benefit plans at the Eichholz Law Firm, and then repeatedly executed, mailed and filed false documents with the United States Department of Labor in order to both execute and conceal his embezzlement. The indictment further alleges that during an investigation by the United States Department of Labor of Eichholz and the two employee pension benefit plans at the Eichholz Law Firm, Eichholz made numerous false statements to an investigator with the Department of Labor, and committed other acts to obstruct justice, in a further effort to cover up his embezzlement from the employee pension benefit plans.

Booth noted that, if convicted of the charges, Eichholz faces the following maximum statutory penalties :

Counts One Through Thirty - Embezzlement from Employee Pension Benefit Plans
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. § 3571), or both;
Not more than three (3) years supervised release (18 U.S.C. § 3583);

Counts Thirty-One Through Thirty-Four - Money Laundering
Imprisonment for not more than ten (10) years;
Fine of up to $250,000 (18 U.S.C. § 3571), or both;
Not more than 3 years supervised release (18 U.S.C. § 3583);

Counts Thirty-Five Through Forty-Four -Mail Fraud
Imprisonment for not more than twenty (20) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);

Counts Forty-Five Through Fifty-Four False Statements in Documents Required to be Filed by ERISA
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);

Count Fifty-Five - Obstruction of Proceedings Before Departments, Agencies, and Committees
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);

Counts Fifty-Six Through Seventy-Seven - False Statements
Imprisonment for not more than five (5) years;
Fine of up to $250,000 (18 U.S.C. §3571);
Not more than three (3) years Supervised Release (18 U.S.C. 3583);

Booth stressed that an indictment is only an accusation and is not evidence of guilt. The Defendant is entitled to a fair trial, during which it will be the Government’s burden to prove the defendant’s guilt beyond a reasonable doubt.

Booth stated that agents of the Federal Bureau of Investigation, United States Department of Labor, Internal Revenue Service, and the Savannah-Chatham Metro Police Department conducted the investigation.

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Former Polk County Jail Sergeant Pleads Guilty to Federal Civil Rights Charges

JOSHUA DAVID LOWE, 25, of Aragon, Georgia, a former sergeant at the Polk County Jail, pleaded guilty August 6 in federal court to a civil rights charge of using excessive force against an inmate in his custody.

United States Attorney David E. Nahmias said, “We recognize that detention officers have a difficult job as they guard inmates in our jails and prisons. The vast majority of officers serve with honor and courage. But under no circumstances can we allow a detention officer to abuse his authority to commit an unnecessary and violent assault on an inmate. We are committed to investigating and prosecuting any law enforcement officer who engages in such criminal conduct.”

Gregory Jones, Special Agent in Charge, FBI Atlanta, said, “We would like to thank Polk County Sheriff Kelly McClendon and his administration for not only recognizing the seriousness of the crime committed by Detention Officer Lowe but also in bringing it to the attention of the FBI. It is this type of leadership within law enforcement that brings credit to the entire criminal justice system.”

Polk County Sheriff Kelly McClendon said, “We in law enforcement are held to a high standard. It is our duty and responsibility to ensure to the people we protect that whatever circumstances we face that our training and oath as law enforcement officers are held to the laws given to us by the Constitution of the United States and the State of Georgia.”

According to United States Attorney Nahmias and the information in court: LOWE admitted during the guilty plea hearing that he abused his authority as a law enforcement officer on February 7, 2009, when he unnecessarily and repeatedly struck an inmate in his head and face while the inmate was strapped in a restraint chair. LOWE agreed that his conduct resulted in bodily injury to the inmate and violated federal law and the constitutional right of the Polk County inmate not to be deprived of liberty without due process of law.

A number of LOWE's fellow detention officers witnessed the incident and came forward to report that LOWE had gone too far with his use of force against the inmate. One of the detention officers who witnessed the assault told federal authorities that he "saw blood everywhere" and that the inmate was “spewing blood” after he was attacked by LOWE. Another detention officer told an FBI agent that LOWE's assault on the inmate was unjustified and “horrible.”

LOWE is scheduled to be sentenced in Rome by Senior United States District Court Judge Robert L. Vining, Jr. on October 15, 2009, at 10:30 a.m. LOWE faces a maximum sentence of 10 years in prison and a maximum fine of $250,000. In determining the actual sentence, the Court will consider the United States Sentencing Guidelines, which are not binding but provide appropriate sentencing ranges for most offenders.

This case is being investigated by Special Agents of the FBI and the Polk County Sheriff's Office.

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Thursday, August 6, 2009

Saluting First Responders

(NAPSI)-Ever since the country's first police officers took to the streets in 1712, America's men and women in blue have sacrificed to protect and serve. Similarly, the country's first professional firefighting force was established in 1678, and today, countless firefighters devote their lives to saving others.

Now, a group of veterans who were wounded in battle is saluting the courage and sacrifices made by these first responders.

"While the men and women of our armed forces dedicate their lives to the defense of our country, the men and women of our federal, state, county and local police and fire departments equally lay their lives on the line on a daily basis," says Harry Smart, the national public safety officer for the Military Order of the Purple Heart (MOPH).

To honor that sacrifice, the MOPH established an award for first responders and each of its chapters will have a "First Responder Coordinator." The coordinator's duty is to report to the group's national headquarters whenever a local public safety officer is injured or killed in the line of duty. The MOPH then recognizes the individual or his surviving family with a special "First Responder Memorial Plaque."

In the past year, 71 memorial plaques and national citations have been presented.

The MOPH is unique among veteran service organizations in that all its members were wounded in combat. For this sacrifice, they were awarded the Purple Heart Medal. In addition to honoring first responders, the group works to provide comfort and assistance to all veterans and their families, especially those requiring claims assistance with the VA, those who are homeless and those requiring employment assistance.

Smart says it was easy to see the parallels between his group's members and America's first responders.

"On September 11, 2001, our whole outlook on the service of these brave men and women changed," he explains. "The heroic dedication and accomplishments of the police and firefighters in New York City, Washington, D.C. and Shanksville, Pennsylvania made us all aware and appreciative of the dangers inherent to their service and sacrifice."

For more information, visit www.purpleheart.org or call (888) 668-1656.

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Tuesday, August 4, 2009

Currency Fund Manager Sentenced to Nearly Seven Years in Federal Prison for Perpetrating Ponzi Scheme

JAMES G. OSSIE, 48, of Atlanta, Georgia, was sentenced July 30 by United States District Judge William Duffey, Jr., to nearly seven years in federal prison for a wire fraud scheme involving the operations of his foreign exchange trading firm, “CRE Capital.”

United States Attorney David E. Nahmias said, “This defendant operated a major investment fraud scheme that defrauded dozens of victims out of millions of dollars. Those who prey on the investing public in this way will continue to find themselves facing substantial federal prison terms, as this defendant received today.”

OSSIE was sentenced to 6 years, 10 months in federal prison, to be followed by 3 years of supervised release, ordered to pay restitution in the amount of $18 million, and ordered to serve 250 hours of community service. OSSIE pleaded guilty to the charge on May 21, 2009.

According to United States Attorney Nahmias, and other information presented in court: OSSIE and CRE Capital operated an investment fund for private clients focused on options contracts in foreign currencies. The fund operated from approximately April 2008 into January 2009, when it was shut down by the United States Securities and Exchange Commission (“SEC”). OSSIE and CRE offered investment contracts, in amounts of at least $100,000, that guaranteed the return of an investor’s deposit plus 10% interest within just 30 days. OSSIE claimed to be able to pay such substantial monthly returns because he typically made even more than that through his trading activity. He also claimed that his trading profits allowed him to fund a substantial cash “reserve fund” sufficient to re-pay all investors their deposit plus 10% monthly profit, in case the market deteriorated. OSSIE claimed that CRE hired outside accountants, or auditors, who reviewed and confirmed the accuracy of the numbers.

OSSIE made these representations directly to individual investors, through salespersons known as “correspondents,” through the CRE Capital website, and in numerous mass conference calls involving groups of investors and prospective investors.

OSSIE admitted today that these claims were lies. Instead of making profits sufficient to pay 10% monthly returns and fund a “reserve” account, the Defendant lost millions of dollars. Indeed, during CRE’s 9-month lifespan, the firm lost over $12 million in its foreign currency trading accounts. There was no “reserve” account sufficient to repay investors. For example, by the end of 2008, CRE owed over $23 million in pending investment contracts but only had just over $2 million deposited in all of its bank and trading accounts combined. Although CRE hired outside accountants for limited projects, OSSIE did not allow any access to the records of the trading accounts that would have revealed his substantial losses.

Thus, because he was making no profits, OSSIE was only able to re-pay investors their deposits and guaranteed 10% returns through what is referred to as a “Ponzi” scheme. Specifically, he paid his debts to existing investors with money recently invested by new investors. When the time came to pay the returns promised to the new investors, OSSIE would recruit more investments from still newer investors. This unsustainable scheme was identified and shut down by the SEC in January. In the meantime, OSSIE had raised over $25 million from over 120 investors, approximately half of which was lost in unsuccessful currency trading.

This case was investigated by Special Agents of the Federal Bureau of Investigation. The SEC and Commodities Futures Trade Commission have also both brought civil enforcement actions against OSSIE based on violations of federal anti-fraud securities and commodities laws.

Assistant United States Attorneys Justin S. Anand and Douglas W. Gilfillan prosecuted the case.

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Sunday, August 2, 2009

Key Member of Atlanta Human Trafficking Ring Pleads Guilty to Sex Trafficking Charges

/PRNewswire/ -- The Justice Department today (July 30) announced that Juan Cortes-Meza, a Mexican National, pleaded guilty in federal district court in Atlanta to sex trafficking offenses involving young Mexican women and girls. Otto Jaime Larios Perez, a Guatemalan National, also pleaded guilty today to making a false statement to law enforcement and, thereby, obstructing a human trafficking investigation. Earlier this year, two other defendants charged in the same indictment, Francisco Cortes-Meza and Raul Cortes-Meza, pleaded guilty to sex trafficking offenses.

From Spring 2006 through June 2008, Juan Cortes-Meza, 31, and others charged in the conspiracy recruited and enticed approximately 10 victims to come to the Atlanta area from Mexico to engage in prostitution for the financial benefit of the members of the alleged conspiracy, according to information presented in court. With false promises of better lives, legitimate employment or marriage, Juan Cortes-Meza lured young, impoverished, rural Mexican women and girls with limited education, knowing the victims would actually be compelled into prostitution through a scheme of strict controls and physical violence.

The defendants who brought the victims into the United States used drivers, including defendant Larios Perez, 25, to transport the victims to the locations where they were forced to engage in acts of prostitution. Larios Perez was prosecuted for false statements he made when law enforcement officers stopped him with a victim in his car.

"Human trafficking and forced prostitution deny the victims not only their freedom, but also their dignity, and this sort of abhorrent illegal conduct will not be tolerated. We are committed to combating human trafficking and prosecuting those who exploit vulnerable women and girls for financial benefit," said Acting Assistant Attorney General Loretta King of the Civil Rights Division. "I applaud the many hardworking investigators and attorneys who have toppled this ring and brought its members to justice."

"Human trafficking is modern day slavery that robs individuals of their freedom and can have lasting psychological harm. Compelling women or girls by force, fraud or coercion to engage in commercial sex acts is a serious violation of federal law. This insidious abuse preys upon those who may be vulnerable due to their immigration status, unfamiliarity with this country's legal system or fear law enforcement," said U.S. Attorney David E. Nahmias for the Northern District of Georgia. "Federal laws protect all victims of such heinous crimes whether or not they are citizens. No victim should fear coming forward to report illegal activity and criminal abuse."

Sentencing hearings for defendants Juan Cortes-Meza and Otto Jaime Larios Perez related to the pleas entered today have not yet been set. The sex trafficking offense carries a mandatory minimum sentence of 10 years in federal prison. In determining the actual sentence for both defendants, the Court will consider the U.S. Sentencing Guidelines, which are not binding but provide advisory sentencing ranges.

This case is being investigated by Special Agents of U.S. Immigration and Customs Enforcement (ICE). Assistant U.S. Attorneys Corey Steinberg and Susan Coppedge and Trial Attorney Karima Maloney of the Civil Rights Division's Human Trafficking Prosecution Unit are prosecuting the case.

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