Hiển thị các bài đăng có nhãn charges. Hiển thị tất cả bài đăng
Hiển thị các bài đăng có nhãn charges. Hiển thị tất cả bài đăng

Thứ Năm, 9 tháng 5, 2013

Cleveland man could face aggravated murder charges for allegedly terminating pregnancies

Ariel Castro, the man police say kidnapped and held captive three girls for more than a decade, was arraigned inside Cleveland Municipal Court Thursday morning where the judge set bail at $2 million for each criminal count he faces.

Ariel Castro, who wore a navy blue jumpsuit and tucked his chin inside his collar at the hearing, did not speak and was read the charges of four counts of kidnapping and rape and one count of kidnapping.

Brian Murphy, the assistant prosecutor, said Ariel Castro kidnapped the three women to use them in a "self-gratifying," "self-serving" way.

"Today the situation has turned, your honor, Mr. Castro stands before you a captive"

- Brian Murphy, the assistant prosecutor

"Two of these victims endured this horrifying ordeal for over a decade, a third for close to a decade," he said. 

Murphy said the victims were bound, sexually assaulted and beaten. They were not allowed to leave the home, he said.

"Today the situation has turned, your honor: Mr. Castro stands before you a captive, in captivity, a prisoner, and the women are free," he said

His brothers, who were initially arrested in connection with the investigation, were alongside him in the courtroom after spending four days in jail, but evidence did not support kidnapping charges against them.

Pedro Castro, 54, one brother, pleaded no contest to an open container charge and Onil Castro, 50, had minor misdemeanors from 12 years ago dismissed.

Ariel Castro, 52, who lived in the downtown Cleveland area for 39 years, had no prior felony convictions and was living on unemployment payments.  

Two of the alleged victims,  Amanda Berry and Gina DeJesus, were reunited with relatives Wednesday in Cleveland. They were greeted by supporters and a large media presence outside the homes. Amanda Berry was seen from a helicopter entering her sister's home with her 6-year-old girl police say she delivered while being held captive. 

Michelle Knight, another alleged victim, has been hospitalized at MetroHealth in the area and listed Thursday in good condition.


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Thứ Tư, 1 tháng 5, 2013

Arrests of Boston bombing suspect's friends: What the charges really mean

Today's news of the arrests of Dzhokar Tsarnaev's three friends is really just a sign that investigators are working from the bottom up, from the cleanup crew to the hopefully the masterminds.

Two 19-year old friends of suspected Boston Marathon bomber Dzhokar Tsarnaev, were charged with a single count of conspiracy to obstruct justice. A third friend was charged with making false statements to federal investigators.

For purposes of clarifying the timeline, on April 15th, two bombs were detonated near the finish line of the Boston Marathon. For days, the perpetrators remained unknown and no terrorist group claimed responsibility.

It was not until three days later, on April 18th, that the FBI released images of the alleged bombers: brothers Tamerlan and Dzhokar Tsarnaev. That night, after a wild goose chase and shootout with police, Tamerlan died of his injuries. On April 19th, Dzhokar was found hiding in a boat and he was taken into custody.

The FBI was clearly on the right path before they found Dzhokar. Also on the 19th, investigators spoke to Dzhokar’s friends, Azamat Tazhayakov and Dias Kadyrbayev. Kadyrbayev told investigators that the day before, on April 18, he and his two friends helped Dzhokar by disposing of a computer and  fireworks-filled backpack from his dorm room.

(The third friend, Robel Phillipos, was also interviewed; however, according to a separate complaint, he lied to authorities over the course of many days, from April 19th until the 25th, about his presence inside of the apartment and his knowledge about the other friends' behavior. It was not until the 26th that Phillipos confessed that he had previously lied.)

The very next day, on April 20th, authorities took Tazhayakov and Kadyrbayev, both citizens of Kazakhstan, into immigration custody on a “technical violation on a student visa for not regularly attending classes,” according to on of their attorneys. This is a common tactic among law enforcement: if a person can be taken into custody on a legitimate immigration violation, then authorities do not have to worry about the person becoming a flight risk. It also gives authorities time to interview the person about the underlying issue or crime.

The Tazhayakov/Kadyrbayev complaint highlights this tactic as it states that it was not until April 21, again after the men were in the custody of immigration, that authorities obtained a search warrant into Dzhokar’s dorm room. (Dzhokar’s roommate is unnamed in the complaint.) At this point, authorities did not have to worry about the men disposing of additional evidence.

If convicted, Tazhayakov and Kadyrbayev face up to 5 years in prison, fines, and deportation. The third man, Robel Phillipos, an American citizen, is charged with making false statements to federal investigators is a very broad crime. Simply saying, “I don’t know” can lead you to such a charge. He faces up to 8 years in prison and fines but obviously he cannot be deported.

Thus far, nothing suggests the conspiracy alleged between Dzhokar and his the three friends includes their involvement in the original plot with the Tsarnaev brothers. Instead, the men were apparently just the housekeepers for Dzhokar.

The crimes are very small in comparison to the severity of the ultimate terrorist acts. The Tsarnaev brothers obtained large amounts of explosives, guns, materials, and most importantly, knowledge about how to execute such terrible crimes. Interestingly, Tazhayakov, Kadyrbayev, Phillipos and Tsarnaev all began attending the University of Massachusetts Dartmouth at the same time in 2011. They were friends for this entire time, all of whom, aside from Phillipos, are from a similar region of Eastern Europe. The similarities suggest that the friends know more than what investigators have shared in the complaints.

It is my suspicion that prosecutors charged the three men with minor crimes in an attempt to get more information about the Tsarnaev brothers and their sources of money, intelligence and education into their crimes. The friends may hopefully lead investigators to those involved before the crimes, not just the cleanup crew.

Tamara Holder is an attorney and Fox News legal analyst. 


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Thứ Hai, 1 tháng 4, 2013

Department of Defense employee who called himself 'Godfather at Camp Pendleton' arrested on bribery charges

A Department of Defense employee who oversaw construction contracts at Camp Pendleton used his position to extort bribes from businesses seeking to work on the California Marine Corps base, federal prosecutors said Monday.

Natividad Lara Cervantes was arrested Thursday after authorities say he accepted $10,000 of a $40,000 bribe offered by a witness working with federal agents, said Daphne Hearn, the special agent in charge of the FBI's San Diego office.

Cervantes believed he was receiving the money in exchange for helping the witness secure a $4 million flooring contract, according to a federal complaint.

Prosecutors say Cervantes referred to himself as the "Godfather at Camp Pendleton," and, dating back to September 2008, he accepted thousands of dollars in cash payments and remodeling work on his condominium in exchange for helping contractors get business on the Marine Corps base north of San Diego.

Cervantes is a Department of Defense employee and a supervisor for construction and service contracts at Camp Pendleton.

Neither Cervantes nor his lawyer could be reached for comment.

According to the complaint, the witness working with the FBI met with Cervantes on March 26 and agreed to pay the $40,000 bribe. The first payment of $20,000 was to be paid Thursday, and the remainder was to be paid when the contract was awarded, prosecutors say. The meeting was monitored by federal agents.

Cervantes was arrested at a business in San Diego after the witness met him there to discuss the bribe payments and handed him an envelope containing $10,000, according to the complaint.


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Thứ Năm, 21 tháng 3, 2013

Former Chinese contractor at NASA's Langley Research Center faces hearing on lying charges

  • NASA Langley.jpg

    NASA photographer Sean Smith hitched a ride with the U.S. Coast Guard to get this aerial view of NASA Langley Research Center on December 7, 2011.NASA/Sean Smith

A court hearing is scheduled for a former Chinese contractor at NASA's Langley Research Center who was arrested on a Beijing-bound plane with hard drives and a laptop.

Bo Jiang has been indicted and charged with making false statements to federal agents. A preliminary and detention hearing are scheduled for Thursday.

Jiang worked for the National Institute of Aerospace in Hampton Va., for about two years. He was on a Beijing-bound plane at Dulles International Airport on Saturday when he was questioned by agents about what electronics he was taking with him.

The indictment says he failed to disclose a laptop and two hard drives, among other things.

An FBI affidavit says Jiang had a one-way ticket to China and was under investigation for possible violations of the Arms Control Export Act.


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Thứ Tư, 20 tháng 3, 2013

No charges in case of New Jersey boy pictured with gun

  • boygunphoto.jpg

    This undated photo provided by Shawn Moore shows his son Josh, 10, holding a rifle his father gave him for his 11th birthday, at their home in Carneys Point, N.J.AP/Shawn Moore

No charges will be filed against a man who posted online a photo of his young son holding what appeared to be a military-style rifle, police said Wednesday.

In a moment of heightened sensitivity around guns and gun control, the brief saga had the makings of a debate starter between people who oppose guns and those who say authorities are overzealous about even legal weapons.

Police in Carneys Point, a town of 8,000 some 30 miles southwest of Philadelphia, gave their version Wednesday, days after the boy's father, Shawn Moore, brought attention to the issue, saying that state child welfare workers and police in SWAT gear showed up at his home because of the online photos.

Moore first posted a comment about the incident on a gun rights website and within days was appearing with his son, Josh, on a Fox News talk show and elsewhere. Moore said that the weapon was a .22-caliber rifle made to look like an assault rifle and that it was a gift for Josh's upcoming 11th birthday.

In a statement, Carney Point Police Chief Robert DiGregorio and Mayor Richard Gatanis said officers went to the family's home at about 8:15 p.m. Friday after getting anonymous tips that a boy there might have access to weapons and ammunition.

"In light of some of the recent school shootings across our nation, the Carneys Point Police Department takes these types of calls seriously," they said, adding that they were obligated to go there with state Department of Children and Family caseworkers who requested assistance.

Moore had said the authorities requested to see his weapons, but with his lawyer on a speakerphone he denied them access because they did not have a search warrant.

The Carneys Point officials said the officers -- in night uniforms and body armor but not SWAT gear -- did not attempt an unlawful search.

The officials said that they respect citizens' rights to own weapons and that several officers knew the elder Moore from a shooting club.

Moore's lawyer, Evan Nappen, said the problem is the idea that the government could respond to people talking about or with photos of weapons on social media.

"This is a shame because of the impact it has on a really good dad and his son," Nappen said. "No one was in danger."

He said the state Department of Children and Families was aggressive and intimidating and could have avoided the situation by calling first.

A department spokesman did not return calls Wednesday, but said Tuesday --without commenting on the specific case -- that the department routinely checks on tips it receives.

The department has been under years of court-monitoring and has been criticized in several cases where children who died or were in peril were not checked on.


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Thứ Ba, 19 tháng 3, 2013

2 charged with threatening teen rape victim, as Ohio prosecutors eye charges for adults

Authorities have arrested two eastern Ohio girls suspected of making social media threats against a West Virginia girl who accused two high school football players of raping her in a case that drew widespread attention.

Ohio Attorney General Mike DeWine said the girls arrested Monday posted threatening Facebook and Twitter comments on Sunday, the day the players were convicted in Steubenville. DeWine says the girls are being held in juvenile detention on allegations of aggravated menacing after an investigation by state and local authorities.

DeWine says he hopes the arrests end harassment of the alleged victim. The head football coach at Steubenville High School and the owners of a house where an infamous 12-minute video was filmed also could be investigated as DeWine and other Ohio prosecutors look into how adults responded to allegations of rape last year.

A judge sentenced the players Sunday to at least a year in juvenile prison. The announcement of the guilty verdict was barely an hour old when DeWine said he was continuing his investigation and would consider charges against anyone who failed to speak up after the summertime attack. That group could include other teens, parents, school officials and coaches for the high school's beloved football team, which has won nine state championships.

According to trial testimony, one of the two football players said the coach knew about what happened and "took care of it."

The video, passed around widely online, depicted a student joking about the attack. "She is so raped right now," the boy says.

Investigators interviewed the owners of a Steubenville house where the video was filmed, which was also the same place a photograph was taken of the girl being carried by her ankles and wrists, DeWine's office confirmed Monday. That picture, Exhibit No. 1 at the trial, generated international outrage. There is no phone listing for the home.

Numerous students, including defendant Trenton Mays, referred to the girl as "dead" in text messages the night of the attacks, apparently in reference to her unconscious state. The girl, who acknowledged drinking, testified she had no memory of the assaults.

A grand jury will meet in mid-April to consider evidence gathered by investigators from dozens of interviews, including with the football program's 27 coaches, which include junior high, freshman and volunteer coaches.

Text messages introduced at trial suggested the head coach was aware of the rape allegation early on. Reno Saccoccia "took care of it," Mays said in one text introduced by prosecutors.

DeWine said coaches are among officials required by state law to report suspected child abuse. Saccoccia has not commented.

The case brought international attention to the small city of 18,000 and led to allegations of a cover-up to protect the Steubenville High School football team.

Steubenville city manager Cathy Davison said residents want to see justice done, and the city will be better off going forward because of the wider investigation.

"Football is important in Steubenville, but I think overall if you looked at the community in and of itself, it's the education process, the moral fiber of our community, and the heritage of our community, that is even more important," Davison told The Associated Press.

Steubenville schools Superintendent Mike McVey released a statement Monday reiterating his position that the district was waiting until the trial ended to take action. He declined to address the grand jury investigation.

"What we've heard so far is deeply disturbing," McVey's statement said. "At this time, we believe it is important to allow the legal process to play out in court before we as a school district make any decisions or take action against any of the individuals involved with this case."

It's unclear what could happen to the school's sports programs if coaches were charged. Sanctions against teams or programs typically involve violations of rules related to playing, such as improper recruiting of student-athletes or playing ineligible athletes, said Tim Stried, spokesman for the Ohio High School Athletic Association.

"The incident that happened was not during a contest, was not even at school. No playing rules were violated, and it didn't have anything to do with eligibility or recruiting," Stried said.

Mays and Ma'Lik Richmond were charged with penetrating the West Virginia girl with their fingers, first in the back seat of a moving car after a mostly underage drinking party on Aug. 11, and then in the basement of a house.

Mays, 17, and Richmond, 16, were sentenced to at least a year in juvenile prison for the rapes. Mays was ordered to serve an additional year for photographing the underage girl naked.

They can be held until they turn 21.

Special Judge Thomas Lipps recommended the boys be assigned to Lighthouse Youth Center-Paint Creek in Chillicothe. The Ohio Department of Youth Services contracts with the secure, residential center. Lipps said it had a strong program for treating juvenile sex offenders.


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Thứ Ba, 26 tháng 2, 2013

Authorities arrest head of Mexico's powerful teachers' union on embezzlement charges

The head of Mexico's powerful teachers' union was arrested at an airport near Mexico City Tuesday for alleged embezzlement, with federal officials accusing her of using union funds to pay for plastic surgery, to buy a house in San Diego and even to pay her bill at Neiman Marcus.

Attorney General Jesus Murillo Karam said that Elba Esther Gordillo, who has led the 1.5 million-member National Union of Education Workers for 23 years, was detained in Toluca on charges that she embezzled 2 billion pesos (about $160 million) from union funds.

The office didn't say whether Gordillo, a colorful woman long seen as a kingmaker and power-behind-the-scenes in Mexico, was arriving or leaving Toluca airport, or whether she was handcuffed. Murrillo said two other people were also arrested by did not name them.

The arrest of the 68-year-old Gordillo marks the downfall of a woman who rose from being a school teacher to one of Mexico's most powerful political operators, displaying her opulence openly with designer clothes and bags, bodyguards, expensive cars and properties including a penthouse apartment in Mexico City's exclusive Polanco neighborhood. She has been widely lampooned for her many plastic surgeries and depicted in political cartoons as ghoulish.

Meanwhile, Mexico's teachers are poorly paid and public education has long been considered sub-par.

"We are looking at a case in which the funds of education workers have been illegally misused, for the benefit of several people, among them Elba Esther Gordillo," Murillo Karam said.

Gordillo did not respond publicly to the accusations against her and was reportedly en route to Mexico City to appear before a judge.

Her detention came a day after President Enrique Pena Nieto signed Mexico's most sweeping education reform in seven decades into law, seeking to change a system dominated by Gordillo in which teaching positions could be sold or inherited.

Prosecutors said they had detected nearly $3 million in purchases at Neiman Marcus using those funds, as well as $17,000 in U.S. plastic surgery bills and the purchase of a million-dollar home in San Diego.

Assistant Attorney General Alfredo Castillo displayed a series of charts at the press conference with arrows detailing the allegations of illicit transfers from teachers' union accounts to personal accounts in the names of three union workers, Nora Guadalupe Ugarte Ramirez, Isaias Gallardo Chavez and Jose Manuel Diaz Flores, as well as a real estate company.

None were authorized to deal with finances. It wasn't clear if they were among those arrested.

"Between 2008 and 2012, there was systematic embezzlement of union accounts," Murillo Karam said.

Some funds eventually ended up in bank accounts in Switzerland and Liechtenstein. Castillo said that in one case they transferred $1 million to a Swiss account for a company owned by Gordillo's mother. Those funds were then used to buy a million-dollar house in the island of Coronado in San Diego.

The overhaul of Mexico's education system was Pena Nieto's first major proposal since taking office Dec. 1 and was considered a political blow to Gordillo.

Gordillo had organized a string of protests by teachers against the reform, which moves much of the control of the education system to the federal government from the teachers' union. Gordillo was elected to another six-year term as union leader in October.

The reform creates a system of uniform standards for teacher hiring and promotion based on merit instead of union connections. It also allows for the first census of Mexico's education system, which Gordillo's union has largely controlled for decades, allegedly padding the payroll with thousands of phantom teachers.

So great is the union's control that no one knows exactly how many schools, teachers or students exist in Mexico.

For years, she has beaten back attacks from union dissidents, political foes and journalists who have seen her as a symbol of Mexico's corrupt, old-style politics. Rivals have accused her of corruption, misuse of union funds and even a murder, but prosecutors who investigated never brought a charge against her.

She was expelled from Pena Nieto's Institutional Revolutionary Party in 2006 for supporting other parties' candidates and the formation of her own New Alliance party.

Gordillo's arrest recalled the 1989 arrest of another once-feared union boss, Joaquin Hernandez Galicia, known as "La Quina." The longtime head of Mexico's powerful oil workers union, Hernandez Galicia was arrested during the first months of the new administration of then-President Carlos Salinas.

Like Gordillo, Hernandez Galicia's power was believed to represent a challenge to the president, and his arrest was interpreted as an assertion of the president's authority. He was freed from prison after Salinas de Gortari left office.

In 1988, he criticized Salinas' presidential candidacy and threatened an oil workers' strike if Salinas privatized any part of the government oil monopoly, Petroleos Mexicanos, or Pemex. On Jan. 10, 1989, — about a month after Salinas took office — soldiers used a bazooka to blow down the door of Hernandez' home in the Gulf Coast city of Ciudad Madero.


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Thứ Tư, 20 tháng 2, 2013

Feds announce charges in Chinese honey import case

Five people and two companies have been accused of flooding the market with cheaper honey from China and avoiding $180 million in duties, federal officials said Wednesday.

The Chinese honey was declared as other commodities and shipped through other countries to the United States to avoid anti-dumping duties, Immigration and Customs Enforcement officials said.

Two of the nation's largest honey suppliers have also agreed to pay fines. Baytown, Texas-based Honey Holding agreed to pay $1 million and Onsted, Mich.-based Groeb Farms agreed to pay $2 million in fines, federal officials said.

An undercover agent posed as the director of procurement at Honey Holding, which cooperated in the investigation dubbed "Project Honeygate." The probe was jointly announced by U.S. Customs and Border Protection officials.

ICE Deputy Director Daniel Ragsdale said such schemes force legitimate importers and the domestic honey industry to endure years of unprofitable operations that put some out business.

"We will continue to enforce criminal violations of anti-dumping laws in all industries so American and foreign businesses all play by the same rules," Ragsdale said.

Three honey brokers, the former sales director for Honey Holding and an executive with a Canadian broker and distributor were charged.

Groeb Farms said in a statement the company takes full responsibility and regrets any errors made in honey importing, noting the allegations primarily involved two former senior executives. The company said the executives were responsible for purchasing and misled the company's board, customers and public. The company also noted that federal officials have not alleged any violation of food safety laws by Groeb Farms.

A telephone call and email to Honey Holding was not immediately returned.

The Commerce Department determined in 2001 that Chinese honey was being sold in the United States at less than fair market value and imposed anti-dumping duties as high as 221 percent of the declared value, the agencies said in a statement.

In 2008, federal authorities began investigating allegations of illegal importing that led to charges against 14 individuals, including executives of a German food conglomerate, who were accused of evading about $80 millions in anti-dumping duties. That investigation also led to the seizure of more than 3,000 drums of honey, federal officials said.

The charges announced Wednesday were the second phase of the investigation, focusing on domestic demand in the United States. Some of the honey contained antibiotics not approved for use in honey, but none of the charges allege any illnesses or public health consequences stemming from the honey.

Randy Verhoek, president of the American Honey Producers, said the charges were "like a dream come true" for the bee and honey industry. Verhoek said illegal imports of Chinese honey have created a two-tier market in which American producers and legitimate importers struggle to compete financially.

Legitimate producers and importers "track their honey and can source it. They have a legitimate paper trail of where their honey actually comes from. They pay legitimate prices. They have to pass that price on to their customers," Verhoek said.


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