The trial in the Fairfax City General District Court began with the prosecution showing a videotape of the traffic stop. Once the video finished playing, the judge stopped the trial. He said the officer did not have a sufficient reason to pull over the FAA chief, instead stopping him on nothing more than an instinct. The judge therefore dismissed the case against the man.
]]> According to the video, the driver made a left turn, crossing double yellow lines. The officer's report had indicated that the man drove on the wrong side of the road, but the video did not back that account. The judge stopped the proceedings before prosecutors could submit the man's blood-alcohol tests results, which they said exceeded the legal limit. Defense attorneys disputed that finding, saying the first test administered to the man registered below Virginia's 0.08 legal limit.In court, the man's attorney said he had been to a dinner party and had up to three glasses of wine over more than three hours. The man, 65, showed no signs of being drunk, the lawyer said. As he headed home, his car's GPS indicated he had gone the wrong way, so he turned left into a business complex to turn around.
Just after his arrest late last year, federal authorities put the man on administrative leave before his resignation. He said he did not have any anger toward the arresting officer and did not regret his resignation, saying he never wanted to serve as a distraction to the agency.
When making traffic stops, police officers must comply with applicable laws and standards. Dashboard cameras mounted in police cars can in some circumstances provide exculpatory evidence for defendants who believe they have been wrongly accused of DUI.
Source: The Washington Post, "Drunken driving charge dismissed against former FAA chief Randy Babbitt," Justin Jouvenal, May 10, 2012.
]]>The man, from South Arlington, Virginia, had worked for the Naval Sea Systems Command. He is alleged to have used his position of overseeing some Navy contracts to urge others to steer kickbacks into third-party accounts for his benefit. The crimes allegedly occurred between 1996 and January 2011.
]]> Also indicted was the man's 80-year-old father. The indictments came after three others connected to the plot pleaded guilty and agreed to work with federal officials. The younger man faces 33 counts that include theft of government funds, bribery, extortion, conspiracy, tax evasion and wire fraud. The father has been charged with three counts of tax evasion.The investigation started in February 2011, when the younger man and a colleague in another state were arrested. The other man owned a firm that had $120 million in Navy contracts. The firm has since shut down. That original case led to this indictment.
In the current indictment, the Virginia man is alleged to have assisted the out-of-state firm by helping it to gain certain naval contracts. He allegedly threatened to destroy the company's relationship with the Navy if the company did not send money to companies formed by a third man. By 2010, the accounts of the third man were receiving about $15,000 each week to be funneled to the father-and-son duo. The son also received about $3,500 every other week in cash.
Over a 14-year-span, the out-of-state business owner allegedly sifted about $8 million through subcontractors to the Virginia man and his associates, according to the government. The owner of the out-of-state company pleaded guilty to paying $8 million in bribes over a span of more than 10 years.
Source: Associated Press, "Va. man and his father indicted in Rhode Island in $10M US Navy kickbacks case," April 26, 2012
]]>The government has put 13 natives of Yemen or Somalia on trial, charging each with smuggling khat. While not a highly recognizable drug in the United States, it is illegal here. However, it is both legal and common in the defendants' native lands.
]]> Prosecutors claim that the group smuggled khat worth millions of dollars into the U.S. over a six-year period. Lawyers for some of the defendants have said the government chose to prosecute their clients out of fear they are selling the drug to finance terrorist operations, but the government has turned up no evidence of that. Most of the defendants are U.S. citizens. It's important that U.S. citizens don't let the government capitalize on people's fears of terrorist attacks to pursue charges against people.Khat is a leaf known to give a user who chews it a mild high. It contains cathinone and cathine, which the U.S. government has labeled controlled substances. Under federal law, cathinone possession, in particular, is treated as a serious offense.
Cathinone is reputed to break down quickly after khat has been harvested, and prosecutors have said the alleged drug ring made sure to import the khat as quickly as possible. In the U.S., appellate courts have ruled that importing khat does not violate law unless it has at least one controlled substance in it.
One of the defendant's lawyers said that prosecutors must prove the cathinone was present instead of using cathinone and khat interchangeably. That could be a high burden of proof for prosecutors, and the defendants should realize that.
This case is similar to a 2006 case in which the Justice Department tried 44 defendants of an alleged khat ring. Prosecutors called that case "Operation Somalia Express" and got convictions of just more than half of the defendants. Of those convicted, most received jail sentences of just a few months.
In the current case, two people believed to be the ringleaders of the operation already have pleaded guilty. They received prison sentences that will last less than three years.
Source: Associated Press, "13 defendants in khat smuggling case go to trial, allegedly imported $5M worth of the drug," April 17, 2012
]]>The woman, now 25, told local media before her marriage that she suffered from terminal leukemia and wanted to marry the man of her dreams before her death.
]]> She was extradited to a northeastern state where she lived when she allegedly committed the crimes. If convicted, she could wind up in prison for four years, the state attorney general said.The woman allegedly received thousands of dollars of services and gifts after sharing her story. The owner of a local bridal store customized an ivory gown valued at $1,500 for her and said the bride never returned it.
Hundreds of other strangers donated enough money to fund a honeymoon in Aruba, matching wedding bands, and makeovers for the bride and bridesmaids.
A few months after their wedding, the woman's new husband exposed the alleged fraud. He said that he had been deceived and felt like a fool for falling for her story.
In response, said the woman said the man had come up with the plan to tell people she was ill. She called him abusive and told a newspaper that she really had been diagnosed with leukemia, but did not provide any medical evidence to support her claim.
The couple had sought a divorce but seemingly got back together and relocated to Virginia. They have two children. The man said his wife was a good mother, and admitted that he had been abusive in the past. If the woman is lying, this trauma could play a part in it.
Source: New York Daily News, "Bride who faked cancer to collect wedding gifts jailed," Corky Siemaszko, April 10, 2012
]]>The 26-year-old woman, whose case has previously been written about by this blog, admitted in U.S. District Court in Alexandria, Virginia, that she pulled off the series of crimes in November 2011. She pleaded guilty to one count each of bank robbery, conspiracy to distribute heroin and transporting a stolen vehicle.
]]> She confessed to a carjacking at the Tysons Corner shopping area and bank robberies in Fairfax and Prince William counties, according to court documents.Police said in one instance the woman displayed a note to a bank teller stating she had a gun and wanted $10,000. Instead, records show $1,400 was stolen.
Authorities said she then took a 2007 Chrysler that her relatives had reported stolen the previous day. Police said the car had been used in the bank robbery before she abandoned it.
Then she approached a woman at Tysons Corner and asked her to take her to a gas station, prosecutors said. The suspect allegedly took control of the steering wheel and ordered the driver to pull over. As she did, the driver noticed the woman had a knife and jumped out of the car, according to court records.
Police caught up with her as the woman pulled away from the unsuccessful bank robbery.
Once in custody, she also admitted to working for three years to import heroin into the Northern Virginia area, selling it to dealers in the Manassas area.
She will face up to 35 years in prison when the judge sentences her later this year. According to reports, she testified in a 2005 murder trial involving a gang, then entered the Witness Protection Program.
As previously reported, the woman pled not guilty in a previous court appearance. If it appears there is enough evidence for a conviction, a plea agreement may be the best option, but it's not a decision that one should make lightly.
Source: InsideNOVA, "Blond bandit' pleads guilty,'" Amanda Stewart, April 5, 2012
]]>The U.S. District Court judge said the five enlisted Marines charged had been duped into agreeing to the potential of both civilian criminal and military punishment. Base officials, the judge said, had erred in allowing both types of punishment in its policy on DUI cases.
]]> Quantico's policy had been to seek both civilian prosecution and a military sanction, but that can only happen if a Marine agrees to waive the right to a court martial and seek to have the case heard in a nonjudicial manner. Facing a court martial and a criminal punishment could result in double jeopardy. However, since a nonjudicial finding would be administrative, double jeopardy would not occur.At a Marine base, a Marine is typically charged with a DUI on base is prosecuted through the courts or the military, but not both.
Quantico officials said the base would change its policies. A spokesman said the intention had been to make sure that Marines and civilians who violated drunk driving laws received the same treatment. By seeking criminal charges against the Marines, it would ensure that a guilty conviction would wind up on the Marine's driving history. When handled within the military alone, that does not happen.
Now, records with the Virginia Department of Motor Vehicles will no longer reflect a Marine's DUI if the case goes through nonjudicial proceedings.
The judge's ruling is just the latest in this case, which wound up in federal court 18 months ago. He upheld an earlier finding to throw out the cases, ruling that the base had not informed the Marines of the advantages and disadvantages of waiving their right to a court martial.
The military had argued that the Marines knew their rights and had the option to consult with an attorney before making a decision.
Source: Associated Press, "Judge tosses DWI cases at Quantico, says Marines' rights were violated; base changing policy," March 30, 2012
]]>The office of the U.S. Attorney for the Eastern District of Virginia said officials took into custody seven members of a ring based in Richmond, Virginia. While the seven live in the southern portion of Virginia, they are thought to have committed or attempted robberies in Fairfax, Henrico and Prince William counties in Northern Virginia. Additionally, authorities said they have linked them to crimes in California, Maryland, New Jersey, New York, North Carolina and Tennessee.
]]> The alleged robberies date back to March 2010. One of the first crimes allegedly committed by the group occurred in a hotel parking lot and involved a salesman, who had taken his merchandise to a Richmond jewelry store a day earlier and was robbed as he put his bags in the car. The salesman sustained several lacerations during the alleged robbery and needed 20 staples in his hand and another 10 in his head.Prosecutors described the group as patient and mobile, able to move quickly when members detected a potential target. Participants in the theft ring did their research, too, reportedly keeping a watch on jewelry stores, looking for salespeople whom they then could track to houses or hotels.
Most of the alleged robberies were carried out in a similar fashion. As the people carried the jewelry near their car, the purported thieves would allegedly threaten them at knifepoint, puncture their car tires and steal their cell phones. Once obtaining the goods, the alleged thieves then would travel to New York, where the merchandise would be resold or melted down for future sale.
Documents filed in court accuse the group of having ties to criminal groups in South America. But it's important that the suspects are treated fairly and not discriminated against because of their Latino heritage.
Source: Richmond Times-Dispatch, "Seven arrested in $4.6 million jewelry theft ring based in Richmond," Staff, March 21, 2012
]]>According to a search warrant on file in Fairfax County Circuit Court, the 36-year-old man deposited two checks worth about $130,000 at a Vienna bank. The checks were from the account of a company the man reportedly leads, but the account had less than $100 in it the day the check was written. The following day, the man went to the same bank branch, but this time, he took out $8,000 and purchased a cashier's check for $250, the warrant states.
]]> Officials believe he altered that check so that the amount would read $250,000. That's the check he allegedly used for gambling, according to the warrant. He turned in his chips for more than that amount.By the time his scheme unraveled, police believe the man, his wife and their son had left the United States for an undisclosed destination. The passports they presented at the airport had false identities and different birth dates, according to the search warrant.
The man is believed to be of Iranian descent and to have come to the United States as a teenager. An attorney at the law firm where he worked said he had been there about a year and assisted with cases concerning immigration issues. He was described as a hardworking employee, and a co-worker said he was shocked by the allegations.
After searching his home, police left with two computers, guns and a filing cabinet filled with items of interest.
If the man is interested in clearing his name, he will need to return to the United States to fight the allegations.
Source: The Washington Post, "Police: Vienna man cashed forged check for $250K at casino," Justin Jouvenal, March 15, 2012
]]>The man, 42, had run the American operations of a Belgian-based manufacturer of adhesives and sealants from its offices in Manassas, Virginia. Prosecutors from the U.S. attorney's office said he admitted to the theft of at least $950,000 over a three-year period from September 2008 through August 2011 and pleaded guilty to one count of wire fraud in U.S. District Court in Alexandria, Virginia.
]]> According to prosecutors, the man would take money from the corporate accounts and transfer them to his personal bank account. Or, he would claim items as corporate expenses and seek reimbursement. He also paid himself a monthly commission on top of his salary without the approval or consent of company officials from the corporate office and used his company-issued debit card for his own expenses.The man had to take significant steps to alter his company's books to hide his alleged fraudulent activity, according to prosecutors. He allegedly used his company laptop computer to falsify an invoice for $8,500. He also entered his personal expenses in the books and claimed them as corporate purchases.
Prosecutors claimed the man purchased a number of items with the company funds, including vacations, a home remodeling, sporting goods and theater tickets.
In cases like this, sometimes a plea deal can be advantageous to endlessly fighting a case. The federal government can be an intimidating opponent, and serving a sentence and moving on with one's life could be a decision to consider.
Source: Inside NoVA, "Gainesville man pleads guilty to embezzling nearly $1 million," Amanda Stewart, March 9, 2012
]]>The investigation began after U.S. Immigration and Customs Enforcement agents in Northern Virginia received a tip that fake designer boots and handbags, cigarettes and more were entering the United States.
]]> That tip led to the arrests of 29 people, who were charged with importing methamphetamine, trafficking in counterfeit merchandise, conspiracy and money laundering. The drug charges alone could bring life in prison to the three defendants facing those counts if they are convicted.Most of the arrested were from the New York and New Jersey area. Federal authorities said counterfeit items were made in China, then sent to the United States through the Port Newark-Elizabeth Marine Terminal -- the East Coast's busiest port. The counterfeit goods included fake UGG boots, counterfeit Nike shoes, clothing and handbags made by designer labels.
The case unfolded after federal agents organized a bogus shipping company that said it could use its connections to help process the goods at the port. From August 2008 to February 2012, the alleged smugglers compensated the fake company with more than $900,000, according to the U.S. attorney's office.
After the goods got through the port, the boxes were transported to warehouses. According to the indictment, people in on the plot then would remove generic outer labels that had been placed there to lessen shipping costs. Once the label came off, the boxes bore labels with brand names. Wholesalers and retailers who had agreed to buy the goods -- likely believing they were the genuine article -- then received those boxes.
With so many people involved, it would not be surprising to learn that people who should not have been targeted were caught up. Anyone who learns they are being investigated should immediately contact a defense attorney, who can ensure that constitutional rights are protected.
Source: Associated Press, "NJ officials charge 29 in counterfeit goods ring," March 2, 2012
]]>Federal prosecutors have charged the woman, from Manassas, Virginia, with six federal counts -- three on bank robbery charges and another three for transporting a stolen vehicle.
]]> The 26-year-old woman is alleged to have committed the bank robberies in Fairfax and Prince William counties, as well as a carjacking at the upscale Tysons Corner shopping area, located less than 10 miles from Fairfax.Police said the woman committed her first crime when she robbed a bank near Manassas in mid-November. In that instance, she allegedly told a teller she had a gun and wanted money. Documents presented in court claim she walked away with more than $1,300 that day, although it's unknown if law enforcement found the money in her possession.
The following day, she is alleged to have told a shopper in a parking lot in the Tysons Corner area that her car was out of gas. After the pair got in the shopper's car, the woman allegedly told the driver to stop in a parking lot. When the driver saw that the woman had a knife, she quickly exited the car as the woman drove off with the vehicle, according to court documents.
A few days later, the woman allegedly passed a note to a teller at a Springfield, Virginia, bank, demanding money. In that case, police say she took more than $1,800.
Later in that week, Maryland police found the car that the woman allegedly stole at Tysons Corner. Police said they found a note inside the car that was a demand for cash similar to what was presented to the bank teller.
The woman could face serious consequences if she is convicted, and a federal prison sentence usually does not allow for the possibility of parole.
Source: Inside NoVA, "'Blond bandit' pleads not guilty to federal charges," Amanda Stewart, Feb. 24, 2012
]]>The three men, ranging in age from 28 to 40 years old, are among the 55 people convicted as part of an investigation led by the Organized Crime and Drug Enforcement Task Force into an alleged Mexico-based drug-trafficking ring. Two of the men live in Woodbridge, Virginia, and the third in nearby Stafford.
]]> When the men are sentenced on May 18, one of them will receive a sentence that carries a mandatory minimum of 10 years up to life in prison. The others each will receive a mandatory minimum of five years in prison with a maximum of 40 years. Federal prison sentences usually do not allow for parole, either.Prosecutors used evidence that they said showed Northern Virginia residents received several packages of cocaine each month from Mexico. The drugs were parceled out in Prince William and Fairfax counties, allegedly via a network of drug runners, cocaine dealers and lieutenants in the operation.
The man who is set to receive the longest sentence was allegedly the local contact for the couriers carrying the cocaine from Mexico. The others were allegedly dealers charged with the distribution.
The case involving these men is part of the task force's "Operation Springfield Snow." Launched in November 2008, its purpose was to bring down the operations of the group that had taken root in Northern Virginia.
The task force investigation involved federal and local jurisdictions. Working together were the Drug Enforcement Administration, the Washington, D.C., office of the FBI, the U.S. Immigration and Customs Enforcement Agency, U.S. Marshals, and the police departments of Alexandria, Fairfax County and Prince William County.
Source: Fairfax News, "NoVa Men Convicted on Cocaine Trafficking Charges," Feb. 14, 2012
]]>Under the proposal, even first-time offenders would need to have a breath test machine installed on their car for at least six months to qualify for a restricted license to get to school or work. If they choose not to use the machine on their cars and possess a restricted license, they face being ticketed for driving without a license.
]]> The state House of Delegates approved the bill by a vote of 87 to 11. The Senate's version made it out of a committee and is due for a vote before the full chamber.Currently, only drivers who have at least two drunk driving offenses or were convicted of DUI with a blood alcohol content of 0.15 or higher must install a breath test machine in their car.
Virginia's legal limit is 0.08. For those who have the device on their cars, it will not start if the breath test measures 0.02 or above after the driver blows into it.
Already, groups are lining up on both sides of the bill. On one side is Mothers Against Drunk Driving, which contends that a first-time offender likely has driven while under the influence of alcohol 87 times before finally being cited. On the opposing side is a beverage trade group that lobbies for Virginia restaurants. An official with that group said that efforts should go into enforcing laws to keep repeat offenders from driving drunk and not targeting first-time violators.
The legal community has weighed in as well, with a DUI prosecutor saying he sees no debate. If enacted, the law would save lives, he said, and that makes it worth supporting. But there are important constitutional protections to be considered. Breath test machines often are not calibrated correctly and may not function. It is not fair to continually punish someone who has already paid his or her debt to society.
Source: Daily Press, "State lawmakers consider requiring breath-test machines for first-time DUIs," Peter Dujardin, Feb. 11, 2012
]]>A Fairfax teen was arrested for attempted grand larceny and petit larceny this week after he allegedly posed as an armored car guard. Fairfax City Police say that he used the ruse as a way to gain money from a local grocery store.
]]> According to the police report, the 18-year-old boy had donned the outfit and entered the establishment at sometime around 8 in the morning. The person who walked into the store had a BB gun hanging from his person. He told cashiers that he was "there to pick up the day's money deposit."The employees did not believe the teen boy and called the police without his knowledge while refusing to give the suspect the money that was requested. Police quickly responded to the scene and at some point shortly after arrested the 18-year-old.
When the boy was arrested, law enforcement officials confiscated several legal recreational sport guns, including BB, Airsoft and paintball. The items were all seized from the boy's vehicle. He is currently being held in custody at the Adult Detention Center.
The boy was arrested earlier this month when police say he allegedly attempted to steal a vehicle. The police also claim that earlier that day he was linked to another armored car ruse. When a person is arrested on multiple charges, the penalties are even more serious and a good defense is even more important.
Source: Fairfax City Patch, "Fairfax Teen Arrested Twice for Attempted Grand Larceny," Lauren Sausser, Feb. 17, 2012
]]>The 24-year-old man, a native of Bolivia, was convicted of felony murder and other charges. At the time of the August 2010 crash, he faced a deportation hearing.
]]> The accident occurred as the nuns were traveling from Richmond, Virginia, to Bristow, just west of Manassas. They were headed to an annual retreat when a Subaru barreled toward them on a two-lane road, crashing into their Toyota.One of the nuns, age 66, was killed. Her two traveling companions, now 77 and 71, had to undergo lengthy medical treatment and recovery.
The surviving nuns were not in court at the sentencing, but the women have said they want the man to be forgiven. It was an accident, they have said, and they prefer to label him as a young man sick with the disease of alcoholism instead of a murderer. They want him to get out of prison one day and turn his life around.
Their friend who perished in the accident, who was a formerly a missionary and a high school teacher, would have wanted forgiveness for him as well, one of the surviving nuns said.
The nuns, in fact, have embraced the convicted man and his family. His mother has joined them for dinner in the monastery. One of the nuns said the man has sent notes at Christmas, apologizing for his actions.
It is possible that with good behavior and more signs of contrition that the man could be released early. It is important that he gets help for his alcohol addiction, and that he is not just left to suffer in prison.
Source: The Washington Post, "Drunk driver gets 20 years for Va. crash that led to nun's death," Jeremy Borden, Feb. 3, 2012
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