Cuban Citizen Extradited from Latvia and Arraigned for Allegedly Trafficking Counterfeit Slot Machines and Computer Programs

Source: United States Department of Justice Criminal Division

Rodolfo Rodriguez Cabrera, 43, a Cuban national, was arraigned today in U.S. District Court for the District of Nevada on charges of producing and selling counterfeit International Game Technology (IGT) video gaming machines, commonly known as slot machines, and counterfeit IGT computer programs.

Cabrera and Henry Mantilla, 35, of Cape Coral, Fla., were indicted by a federal grand jury in Las Vegas on April 22, 2009, with one count of conspiracy, two counts of trafficking in counterfeit goods, two counts of trafficking in counterfeit labels and two counts of criminal copyright infringement. According to the indictment, Cabrera and Mantilla conspired between August 2007 and April 15, 2009, to make and sell unauthorized copies of computer programs designed for IGT video slot machines and counterfeit IGT video slot machines bearing IGT’s registered trademarks, all without the permission of IGT. The indictment also contains 13 forfeiture allegations seeking forfeiture of any and all counterfeit items and up to $5 million in illegal proceeds from their alleged criminal activity.

If convicted on the conspiracy charge, each defendant faces a maximum of five years in prison and a $250,000 fine. The copyright infringement and counterfeit labels charges also carry a maximum penalty of five years in prison and a $250,000 fine, per count. The charges of counterfeit goods carry a maximum penalty of 10 years in prison and a $2 million fine, per count.

Cabrera was arrested June 8, 2009, in Riga, Latvia, and extradited from Latvia to the United States on Oct. 23, 2009. Cabrera is the first individual to be extradited from Latvia to the United States under a new extradition treaty between the U.S. and Latvia, which entered into force on April 15, 2009. Cabrera’s arrest and extradition is the result of cooperation between U.S. and Latvian law enforcement and the Latvian government. At the hearing today, Cabrera pleaded not guilty and U.S. Magistrate Judge Peggy A. Leen ordered him detained pending trial, which is scheduled to begin Dec. 8, 2009. Mantilla pleaded not guilty at his arraignment on July 2, 2009, and trial is currently scheduled for Dec. 8, 2009, before U.S. District Court Judge Phillip M. Pro.

The case is being prosecuted by Trial Attorney Thomas S. Dougherty of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Michael Chu of the U.S. Attorney’s Office for the District of Nevada. Significant assistance has been provided by the Central Criminal Police Department of the Latvian Ministry of Interior; Latvia’s Office of the Prosecutor General, International Cooperation Division; and Senior Trial Attorney Deborah Gaynus of the Criminal Division’s Office of International Affairs.

An indictment is merely a formal charge by the grand jury. Each defendant is presumed innocent unless and until proven guilty in a court of law.

Two Chicago Men Charged in Connection with Alleged Roles in Foreign Terror Plot That Focused on Targets in Denmark

Source: United States Department of Justice Criminal Division

Two Chicago men have been arrested on federal charges for their alleged roles in conspiracies to provide material support and/or to commit terrorist acts against overseas targets, including facilities and employees of a Danish newspaper that published cartoons of the Prophet Mohammed in 2005, federal law enforcement officials announced today. There was no imminent danger in the Chicago area, officials said, adding that the charges are unrelated to recent terror plot arrests in Boston, New York, Colorado, Texas and central Illinois.

The defendants charged in separate criminal complaints unsealed today in U.S. District Court in Chicago are David Coleman Headley, 49, and Tahawwur Hussain Rana, 48, also known as Tahawar Rana, announced Patrick J. Fitzgerald, U.S. Attorney for the Northern District of Illinois, and Robert D. Grant, Special Agent-in-Charge of the Chicago Office of the FBI. The complaints remained under seal temporarily after the defendants’ arrests, with court approval, so as not to compromise further investigative activity.

Headley, a U.S. citizen who changed his name from Daood Gilani in 2006 and resides primarily in Chicago, was arrested on Oct. 3, 2009, by the Chicago FBI’s Joint Terrorism Task Force (JTTF) at O’Hare International Airport before boarding a flight to Philadelphia, intending to travel on to Pakistan. He was charged with one count of conspiracy to commit terrorist acts involving murder and maiming outside the United States and one count of conspiracy to provide material support to that overseas terrorism conspiracy.

Rana, a native of Pakistan and citizen of Canada who also primarily resides in Chicago, was arrested on Oct. 18, 2009, at his home by federal agents. Rana is the owner of several businesses, including First World Immigration Services, which has offices on Devon Avenue in Chicago, as well as in New York and Toronto. He was charged with one count of conspiracy to provide material support to a foreign terrorism conspiracy that involved Headley and at least three other specific individuals in Pakistan.

Both men have been held in federal custody since each was arrested. If convicted, Headley faces a maximum sentence of life imprisonment for conspiracy to murder or maim persons abroad, while Headley and Rana each face a maximum of 15 years in prison for conspiracy to provide material support to terrorism.

On Oct. 18, 2009, JTTF agents executed search warrants in connection with the investigation at four locations: Headley’s and Rana’s residences on the north side of Chicago, Rana’s immigration business in Chicago, and a farm he owns in Kinsman, Ill., approximately 80 miles southwest of Chicago, which is used to provide halal meat for Muslim customers, as well as a grocery store in Chicago.

According to both complaints, since at least late 2008 until Oct. 3, 2009, as part of the conspiracy to murder and maim persons abroad, Headley allegedly identified and conducted surveillance of potential targets of a terrorist attack in Denmark on two separate trips to Denmark in January and July 2009, and reported and attempted to report on his efforts to other conspirators in Pakistan. As part of the conspiracy to provide material support to terrorism, Rana allegedly helped arrange Headley’s travels overseas and conceal their true nature and purpose to surveil potential terror targets overseas, and discussed potential targets for attack with Headley.

Headley allegedly reported and attempted to report on his overseas surveillance to other conspirators, according to the affidavits, including:

Ilyas Kashmiri, identified as the operational chief of the Azad Kashmir section of Harakat-ul Jihad Islami (HUJI), a Pakistani-based terrorist organization with links to al Qaeda. Kashmiri, who is presently believed to be in Waziristan in the Federally Administered Tribal Area (FATA) region in northwestern Pakistan, issued a statement this month that he was alive and working with al Qaeda;

“Individual A” (who is identified as Individual A in the Headley affidavit and as Individual B in the Rana affidavit), who is associated with Kashmiri, as well as with Lashkar-e-Taiba (LeT), another Pakistani-based terrorist organization;

an individual identified as “Lashkar-e-Taiba Member A” (LeT Member A), who has substantial influence and responsibility within the organization and whose identity is known to the government.

“The public should be reassured that there was no imminent danger in the Chicago area. However, law enforcement has the duty to be vigilant to guard against not just those who would carry out attacks here on our soil but those who plot on our soil to help carry out violent attacks overseas. I wish to express my deep appreciation to the FBI agents and other members of the Joint Terrorism Task Force for their extremely hard work on this matter,” said Mr. Fitzgerald.

“The criminal complaints unsealed today have exposed a serious plot against overseas targets by two Chicago-based men working with Pakistani-based terrorist organizations.  Information developed during this investigation was shared with our foreign partners as we worked together to mitigate these threats. This case is a reminder that the threat posed by international terrorist organizations is global in nature and requires constant vigilance at home and abroad,” said David Kris, Assistant Attorney General for National Security.

“This investigation demonstrates the well-established relationships that we have with our law enforcement partners, both foreign and domestic. We work closely with state, local and federal law enforcement agencies in the United States, as well as with our overseas partners, to identify and disrupt threats here and abroad,” said Mr. Grant.

According to the affidavits in both cases, Headley at times has claimed to be a consultant with or representative of Rana’s business, First World Immigration Services, but appears to perform little if any actual work for the business. In addition, Headley’s apartment in Chicago is leased to an individual who is deceased. Despite his apparent lack of financial resources and substantial employment, Headley has traveled extensively since the second half of 2008, including multiple trips to Pakistan and various countries in Europe. Postings to an internet group for graduates of a military school in the Pakistani town of Hasan Abdal (a group that refers to itself as “abdalians”), reflect that both Rana and Headley have participated in the group and referred to their attendance at that school.

The Denmark Project

Beginning in late 2008, Headley corresponded extensively with Individual A and LeT Member A regarding what they referred to in coded communications as the “Mickey Mouse Project,” “mmp,” and “the northern project,” according to the affidavit. The Mickey Mouse Project allegedly involved planning for one or more attacks at facilities and employees of Morgenavisen Jyllands-Posten, a Danish newspaper that in 2005 published cartoons depicting the Prophet Mohammed, to which many Muslims took great offense. In October 2008, Headley allegedly posted a message to the “abdalians” internet discussion group stating that “I feel disposed towards violence for the offending parties,” referring to the Danish cartoonists and others who he identified “as making fun of Islam.”

Using coded language, Rana, Headley, Individual A and LeT Member A allegedly have referred to this plot, as well as discussions of other targets, as “investments,” “projects,” “business,” and “action,” and have described their hopes for success both in terms of receiving religious awards, as well as getting “rich,” “richer,” and making “profit.” Between August 2008 and Dec. 7, 2008, Headley sent multiple email messages from internet addresses located in Karachi and Lahore in Pakistan, the charges allege. On Dec. 7, 2008, just before traveling from Pakistan to the United States that same day, Headley alleged used one of multiple email accounts to store a detailed list of items for himself, which he titled “Mickey Mouse.” Included on the list (contained in the affidavits) were the following items:

Route Design (train, bus, air)

Cross (Cover Authenticator)

Trade? Immigration?

Ad? (Lost Luggage) (Business) (Entry?)

Kings Square (French Embassy)

Counter surveillance (magic eye)

Security (armed)?

In January 2009, Headley traveled to Copenhagen, Denmark, and Rana allegedly arranged portions of his travel. During the trip, Headley allegedly visited two different offices of the Jyllands-Posten — in Copenhagen and Arhus, Denmark. The Copenhagen office is located in Kings Square near the French Embassy. Headley falsely told Jyllands-Posten employees that he was visiting on behalf of First World Immigration Services, which he said was considering opening offices in Denmark and might be interested in advertising the business in the newspaper. While in Denmark, Headley instructed Rana to be alert for an email from a Jyllands-Posten sales representative, and to ask First World’s Toronto and New York offices to “remember me,” in case a newspaper representative called. According to the complaints, Rana corresponded from Chicago with a representative of the Jyllands-Posten by email in which he pretended to be Headley.

After visiting Denmark, Headley traveled to Pakistan to meet with Individual A. During this visit, Headley traveled with Individual A to Pakistan’s FATA region and met with Kashmiri. Before returning to Chicago in June 2009, Headley sent his will to Rana and Rana responded by sending a coded message establishing a new email account, the complaint alleges.

In July and August 2009, Headley exchanged a series of emails with LeT Member A, including an exchange in which Headley asked if the Denmark project was on hold, and whether a visit to India that LeT Member A had asked him to undertake was for the purpose of surveilling targets for a new terrorist attack. These emails reflect that LeT Member A was placing a higher priority on using Headley to assist in planning a new attack in India than on completing the planned attack in Denmark. After this time, Headley and Individual A allegedly continued focusing on the plan with Kashmiri to attack the newspaper, rather than working with LeT, the complaint alleges.

In late July 2009, Headley traveled again to Copenhagen and to other locations in Europe, and Rana again arranged portions of his travel. When Headley returned to the United States, he falsely told border inspectors that he was traveling on business as a representative of First World Immigration, although his luggage contained no papers or other documents relating to First World.

After returning to Chicago in August 2009, Headley allegedly used coded language to repeatedly inquire if Individual A had been in touch with Kashmiri regarding planning for the attack, and expressing concern that Individual A’s communications with Kashmiri had been cut off. In early September 2009, Headley and Rana took a lengthy car ride during which they discussed the activities of the other individuals, including past terrorist acts, and Headley discussed with Rana five actions involving targets that expressly included “Denmark.” In conversations with Rana and Individual A in August and September 2009, Headley indicated that if the “doctor” (alleged to be a reference to Kashmiri) and his people were unable to assist, then Headley would perform the planned operation himself.

In September 2009, after initial press reports indicated that Kashmiri had been killed in a drone attack in Pakistan, Headley and Individual A allegedly had a series of coded conversations in which they discussed the reports of Kashmiri’s death and what it meant for the projects they were planning. Individual A sought to reassure and encourage Headley, telling him, among other things, that “[t]his is business sir; these types of things happen.” On Sept. 20, 2009, Headley allegedly told a family member words to the effect that he had spoken to Rana and they agreed that “business must go on.”

In a Sept. 21, 2009, telephone conversation, Individual A indicated to Headley that Kashmiri was alive and “doing well.” In a subsequent conversation on Sept. 30, 2009, Individual A again assured Headley that Kashmiri, whom he referred to as “Pir Sahib,” was “absolutely all right” and had not gotten “married,” which was code for being killed. Headley asked Individual A if it was possible to now have a meeting with Kashmiri and Individual A responded that Kashmiri “just today, was asking about you” (Headley).

According to the affidavit, Headley stated in conversations last month that he intended to travel to Pakistan in early October to meet with Individual A and Kashmiri, and he was arrested on Oct. 3 as he prepared to board a flight from Chicago to Philadelphia, intending to travel on to Pakistan. During a search of Headley’s luggage, a memory stick was recovered that contained approximately 10 short videos of Copenhagen, including video focused on the Jyllands-Posten building in King’s Square taken both during the day and night, as well as a nearby Danish military barracks and the exterior and interior of Copenhagen’s central train station, consistent with the checklist he stored which mentioned “route design.” In addition, Headley had an airline reservation, allegedly made by Rana, to fly from Atlanta to Copenhagen on Oct. 29, 2009.

The investigation is continuing and is being conducted by the Chicago FBI Joint Terrorism Task Force, with particular assistance from the Chicago Police Department, the Illinois State Police and the Department of Homeland Security.

The prosecution is being handled by Assistant U.S. Attorneys Daniel Collins and Vicki Peters from the Northern District of Illinois, with assistance from the Counterterrorism Section of the Justice Department’s National Security Division.

The public is reminded that a criminal complaint contains mere allegations that are not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

Utah-Based Tax Shelter Operators Plead Guilty in $200 Million Dollar Tax Fraud

Source: United States Department of Justice Criminal Division

WASHINGTON – David Plummer, Spencer Plummer and Terry Green, operators of a fraudulent tax shelter that offered tax benefits in connection with the leasing of thoroughbred mares, pleaded guilty today to a criminal information charging them with one count of conspiracy to defraud the United States, the Justice Department and the Internal Revenue Service (IRS) announced.

According to the criminal information and statements made in court, the defendants called their fraudulent tax product the Mare Lease Program and marketed it through a company called ClassicStar LLC. David Plummer created the Mare Lease Program and oversaw the program at ClassicStar. Spencer Plummer assisted David Plummer in the operation of the Mare Lease Program. Terry Green was a Certified Public Accountant and assisted investors in the Mare Lease Program in preparing and filing income tax returns on which they reported fraudulent deductions. Green also assisted customers in their IRS audits by creating false and back-dated documents and presenting them to IRS auditors. The investors in the Mare Lease Program filed tax returns with the IRS claiming false tax deductions of over $500 million, which resulted in a tax loss to the Government of over $200 million.

According to the criminal information and statements made in court, ClassicStar’s Mare Lease Program purported to offer wealthy individuals the opportunity to invest in thoroughbred horse breeding. According to Mare Lease Program promotional materials, investors leased the reproductive capacity of specific thoroughbred mares. If the mare had a foal during the time that the investor held the lease, the investor would own the foal. Mare Lease Program promoters told investors that they could take deductions on their federal income tax returns for the losses generated by the thoroughbred horse breeding operation. These deductions reduced or eliminated the investors’ taxes, and many investors received tax refunds, including refunds for years prior to their investments. These deductions were fraudulent because, among other reasons, the Mare Lease Program used fraudulent loans to finance investors’ participation, and the program induced investors to lease thoroughbred mares that the operators of the program knew ClassicStar could not provide.

According to the criminal information and statements made in court, most investors financed at least 50 percent of their investments in the Mare Lease Program through loans from the National Equine Lending Company (NELC), a purportedly independent financial institution. In fact, NELC was controlled by ClassicStar. ClassicStar’s operators claimed that NELC would transfer funds to ClassicStar on behalf of an investor to finance his or her investment in the Mare Lease Program. In reality, NELC had no funds of its own and would instead accept money from ClassicStar. Typically, ClassicStar transferred insufficient funds to NELC to finance an investor’s entire loan. To conceal the lack of funds, NELC and ClassicStar repeatedly transferred the same funds between their bank accounts to create a paper trail that gave the appearance that the investor’s loan was fully funded by NELC. At the conclusion of the investor’s participation in the Mare Lease Program, the investor, often having made no payments on the supposed loan, had the loan extinguished through fictitious trades involving an entity that purportedly owned interests in coal bed methane gas wells.

According to the criminal information and statements made in court, in addition to the fraudulent lending arrangements of the Mare Lease Program, ClassicStar sold Mare Lease Program investments knowing that it lacked sufficient thoroughbred mares to fulfill its contractual obligations to the investors. To justify the deductions that the investors claimed on their income tax returns, ClassicStar substituted less-valuable quarter horse mares for the thoroughbred mares that they had promised.

“U.S. taxpayers who honestly report their income and pay their taxes can rest assured that those who promote fraudulent schemes that illegally conceal assets and income will be investigated and prosecuted by the IRS and Department of Justice,” said John A. DiCicco, Acting Assistant Attorney General of the Justice Department’s Tax Division.

“Tax crimes hurt everyone, by depriving the Treasury of funds needed for important government programs. This nationwide fraudulent scheme is by far the largest criminal tax case in the history of Oregon, and we are grateful for the assistance of the Internal Revenue Service in the investigation of this case,” said Acting U.S. Attorney Robinson.

The case was investigated by special agents of the Internal Revenue Service – Criminal Investigation and is being prosecuted by Assistant U.S. Attorney and Senior Litigation Counsel Allan M. Garten and Department of Justice Tax Division Trial Attorney Jay Nanavati.

“The IRS uses all its investigative tools to uncover abusive tax schemes designed to create fraudulent deductions for investors,” said Eileen Mayer, Chief, IRS Criminal Investigation. “Investment schemes that seem too good to be true should be a signal to investors to stay clear. The IRS is actively pursuing promoters as well as investors who knowingly participate in these types of tax avoidance schemes.”

Additional information about the Justice Department’s Tax Division and its enforcement efforts may be found at http://www.usdoj.gov/tax.

Former Federal Corrections Officer Sentenced to Life in Prison on Civil Rights Charges Related to Fatal Assault

Source: United States Department of Justice Criminal Division

WASHINGTON – Erin Sharma, a former corrections officer with the Federal Bureau of Prisons, was sentenced today in federal court in Orlando, Fla., on federal civil rights charges related to the fatal assault of an inmate, announced Assistant Attorney General Thomas E. Perez of the Civil Rights Division and U.S. Attorney A. Brian Albritton of the Middle District of Florida. Sharma was sentenced to serve a term of life in prison, three years of post-release supervision and 75 hours of community service.

On July 29, 2009, a federal jury in Orlando found Sharma guilty of two felony federal civil rights charges related to the fatal assault of federal inmate Richard Delano in March 2005. The evidence at trial showed that on Feb. 28, 2005, Sharma and a co-conspirator agreed to move Delano into the cell of another inmate at the Coleman Federal Correctional Complex in Coleman, Fla. The evidence also showed that Sharma and the co-conspirator knew that the other inmate was likely to assault Delano and that this move was in retaliation for a prior altercation between Delano and Sharma. Sharma also encouraged the inmate to assault Delano. The co-conspirator moved Delano into the inmate’s cell on March 1, 2005, and the inmate assaulted Delano three days later, on March 4. On March 17, 2005, Delano died from the injuries he suffered during that assault.

“The brave work of our nation’s law enforcement officers must be guided by adherence to the laws they are sworn to uphold, and the overwhelming majority of officers abide by that principle,” said Assistant Attorney General Perez. “When law enforcement officers betray the great trust placed in them by abusing the individuals in their custody, the Justice Department will vigorously investigate, prosecute and seek appropriate punishment for those actions.”

“Nothing justifies or excuses the defendant’s outrageous conduct in this case,” said U.S. Attorney A. Brian Albritton. “When correction officers make the corrupt choice to act as judge, jury and executioner, the United States will prosecute such actions aggressively, just as it did here.”

The case was prosecuted by Assistant U.S. Attorneys Bruce Ambrose and Carolyn Adams from the U.S. Attorney’s Office, and Senior Litigation Counsel Gerard Hogan and Trial Attorney Douglas Kern from the Civil Rights Division. FBI Special Agent Jim Raby was the lead investigator on the case

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, including those laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement or other government officials.

Justice Department Settles Voting Rights Case with Lake Park, Florida

Source: United States Department of Justice Criminal Division

WASHINGTON – The Justice Department today announced the filing of a consent decree settling a Voting Rights Act lawsuit against the town of Lake Park, Fla., that, subject to court approval, will alter the method of electing the town commission. The town will discontinue use of its current at-large method of electing the commissioners. Lake Park will use a limited voting plan beginning with the March 2010 elections.

The lawsuit, filed on March 31, 2009, in federal court in Miami, challenged the at-large method of electing the Lake Park Town Commission on the ground that it dilutes the voting strength of African-American citizens in violation of Section 2 of the Voting Rights Act. Although African-Americans comprise over 38 percent of the town’s total citizen voting-age population, black voters usually have been unsuccessful in electing their candidate of choice and no black candidate for the commission has ever won an election since Lake Park was incorporated in 1923.

“All Americans cherish the right to have our voices heard in the voting booth, and the Voting Rights Act continues to be a vital tool allowing us to protect that right,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “We are pleased that the Lake Park Town Commission has agreed to adopt a voting plan that will provide African-American citizens with the opportunity to elect commissioners of their choice.”

U.S. Attorney Jeffrey H. Sloman for the Southern District of Florida stated, “In the consent decree, the town of Lake Park conceded that there is a factual and legal basis for concluding that the current at-large method of electing the town’s commissioners results in an unfair dilution of the African-American vote. Today’s consent decree is a first step to remedying that situation and providing equal access to the political process.”

Racially polarized voting patterns prevail in Lake Park elections. The department was prepared to prove through an analysis of statistical and non-statistical evidence, including past town election returns and voting patterns, that the African-American population of Lake Park is politically cohesive and that white persons usually vote sufficiently as a bloc to defeat the preferred candidate of African-American voters.

In the consent decree, the town conceded that there is a basis in both fact and law for believing that the current at-large method of electing commissioners, under all the circumstances, results in African-Americans having less opportunity to participate in the town’s political process and to elect representatives of their choice.

Under the limited voting plan systems, all four commission seats will be up for election and voters will be limited to casting a vote for only one candidate. The four candidates receiving the highest number of votes will be elected to the Lake Park Town Commission for a three-year term. The limited voting plan is in effect permanently, unless changed by the terms in the agreement and in compliance with Section 2 of the Voting Rights Act.

Complaints about discriminatory voting practices may be reported to the Justice Department at 1-800-253-3931. More information about the Voting Rights Act and other federal voting laws is available on the Department of Justice Web site at http://www.usdoj.gov/crt/voting.