Fresno men indicted in money laundering and drug trafficking case

A federal grand jury returned an indictment against 41-year-old Joseph Edwin Gable, aka Mike Jones; 41-year-old Elgeron Graves; 52-year-old Vincent Graves; 45-year-old Herman Graves; 43-year-old Damone Kelley; 45-year-old Catatea James; all of Fresno, and 27-year-old Kevin Eugene Spencer Jr. of Roseville.
The indictment charges Gable, Elgeron Graves, Vincent Graves, and Kelley with conspiring to cultivate, distribute and possess with intent to distribute marijuana, distributing marijuana, and possessing marijuana with intent to distribute. Elgeron and Herman Graves are also charged with cultivating marijuana in Fresno County. Gable is charged with structuring cash derived from marijuana trafficking in order to evade currency transaction reporting requirements. Gable, Kelley, James and Spencer are charged with conspiring to launder the proceeds of marijuana trafficking and with several counts of money laundering.
According to court documents, Gable allegedly was in charge of a long-term interstate marijuana-trafficking conspiracy. Some of the marijuana was grown by Elgeron Graves and his brother, Herman Graves, on property leased by Elgeron Graves in Fresno County. The Graves brothers recruited people to obtain California medical recommendations from a local physician for the purpose of growing marijuana, which was in fact being shipped to Alabama, Michigan, Ohio, Georgia, Louisiana, Mississippi, Tennessee, and North Carolina. The Graves brothers also allegedly used a now defunct marijuana dispensary in Fresno as a front business for the interstate shipment of marijuana.
Kelley and Vincent Graves, who is unrelated to the Graves brothers, are alleged to have transported or assisted in the transportation of marijuana to Birmingham, Alabama for distribution through DK Transport, a trucking business owned by Kelley. DEA has already seized a DK Transport semi-tractor trailer valued at $25,000 and equipped with a hidden compartment used to conceal marijuana that was shipped outside of California.
During the course of the conspiracy, Gable allegedly obtained over $600,000 from the sale of marijuana in Alabama and directed the deposit of those funds into bank accounts of friends and relatives in California and Oregon in amounts less than $10,000 in order to avoid IRS reporting requirements. He directed his friends and relatives to withdraw the cash in amounts less than $10,000 and give the money back to him. According to court documents, most of the drug proceeds went through bank accounts maintained by James, an IRS employee and Gable’s half-sister, and Spencer, formerly of Fresno.
“The defendants in this case are alleged to have used California medical marijuana recommendations to camouflage a profitable interstate trafficking network,” said U.S. Attorney Wagner. “Unfortunately, the misuse of California laws on medical marijuana by those who seek to profit from the interstate sale of marijuana for non-medical purposes has become all too common.”
This case is the product of an investigation by the DEA and IRS Criminal Investigation with assistance from the Treasury Inspector General of Tax Administration (TIGTA), U.S. Postal Inspection Service in Birmingham, Ala., the California Highway Patrol, the Fresno County Sheriff’s Office, the Fresno Police Department, and the Madera County Narcotics Enforcement Team (MADNET). If convicted, each drug offense carries a statutory mandatory minimum prison term of five years and a maximum prison term of 40 years, along with a fine of up to $5 million. The money laundering charges carry a maximum prison term of 20 years and a fine of more than $1 million. The structuring charge carries a maximum prison term of 10 years and a fine of up to $250,000. The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt. The defendants are scheduled to appear in federal court in Fresno for arraignment on Tuesday, February 21, 2012 before U.S. Magistrate Judge Gary S. Austin.


Michael Hearns an Anti Money Laundering specialist with over 24 years of AML experience can also be found at http://www.launderingmoney.com/ and on twitter at : http://twitter.com/#!/LaunderingMoney http://moneylaunderingworld.blogspot.com/   and http://launderingmoney.com/

Mexican drug kingpin Benjamin Arellano Felix pleads guilty to US charges in San Diego

Mexican drug kingpin Benjamin Arellano Felix pleaded guilty Wednesday to racketeering and conspiracy to launder money, avoiding the spectacle of a trial for the leader of a cartel that once smuggled hundreds of tons of cocaine and marijuana into the United States and dissolved bodies of its rivals in vats of lye.
Under an agreement with federal prosecutors, Arellano Felix, 58, can be sentenced to no more than 25 years in prison — a lighter punishment than ordered for lower-ranking members of his once-mighty, Tijuana-based cartel.
Prosecutors agreed to dismiss other charges that could have brought 140 years in prison if he was convicted.
The half-hour hearing was an anticlimactic finish to the U.S. government’s pursuit of one of the world’s most powerful drug bosses during the 1990s. His cartel, with its iron-tight grip on the drug trade along California’s border with Mexico, was portrayed in the Steven Soderbergh film “Traffic” but has struggled in recent years as other cartels have become more ruthless than ever.
Laura Duffy, the U.S. attorney in San Diego who built much of her career on the case, said Arellano Felix will likely spend the rest of his life in U.S. prison but did not elaborate on the reasoning for the plea deal.
“Today’s guilty plea marks the end of his reign of murder, mayhem and corruption, and his historic admission of guilt sends a clear message to the Mexican cartel leaders operating today: The United States will spare no effort to investigate, extradite and prosecute you for your criminal activities,” Duffy said.
Arellano Felix stood attentively in court, acknowledging his guilt as U.S. District Judge Larry Burns recited parts of a 17-page plea agreement. He told the judge that he has been suffering migraine headaches almost daily but that the problem didn’t impair his judgment to accept the plea agreement.
Anthony Colombo Jr., Arellano Felix’s attorney, said his client could be released from U.S. prison in 20 years if credited for time served in this country and good behavior, assuming he gets the maximum 25-year sentence. As a Mexican citizen, he would then be deported to Mexico, where he still has nine years left on a sentence for related crimes.
Colombo said the government may have agreed to the deal to avoid having to bargain with 21 potential government witnesses for reduced sentences in exchange for their testimony. They also may have wanted to avoid a lengthy trial.
“They have to consider years and years of litigation, plus the expense, is avoided by this resolution,” Colombo told reporters.
John Kirby, a former federal prosecutor who co-wrote the 2003 indictment against Arellano Felix, said the case rested entirely on cooperating witnesses, instead of wiretaps or physical evidence. He said those cases weaken over time as witnesses die, get into more trouble or change their minds about testifying.
“This kind of case is based solely on witness testimony, and it slowly disintegrates,” Kirby said. “Maybe from the time when we put it together and now, it’s not such a great case anymore.”
The cost of a trial was unlikely to have influenced prosecutors, Kirby said.
“The government doesn’t care about the expense, the government cares about winning,” he said.
Francisco Javier Arellano Felix, a younger brother who led the cartel after Benjamin was arrested in Mexico in 2002, was sentenced in San Diego to life in prison in 2007, a year after he was captured by U.S. authorities in international waters off Mexico’s Baja California coast. Jesus Labra Aviles, a lieutenant under Benjamin Arellano Felix, was sentenced in San Diego to 40 years in prison in 2010.
Benjamin Arellano Felix was extradited from Mexico in April 2011 to face drug, money-laundering and racketeering charges, one of the highest-profile kingpins to face prosecution in the United States.
The U.S. indictment said Arellano Felix was the top leader of a cartel he led with his brothers, going back to 1986. It says the cartel tortured and killed rivals in the United States and Mexico as it smuggled Mexican marijuana and Colombian cocaine.
“He was the top of the chain,” Kirby said. “The brothers were at the top, and he was at the very top. He had the final say ... He was like the CEO of the operation.”
The cartel began to lose influence along California’s border with Mexico after Arellano Felix was arrested in 2002. A month earlier, his brother, Ramon, called the cartel’s top enforcer, died in a shootout with Mexican authorities.
Benjamin Arellano Felix was incarcerated in Mexico after his 2002 arrest and was later sentenced to 22 years in prison on drug trafficking and organized crime charges.
Arellano Felix also agreed to forfeit $100 million, a figure that will be difficult for the government to collect.
“Whether there is anything out there that (the government) can seize, I don’t know,” Colombo said.
Sentencing was set for April 2.


Michael Hearns an Anti Money Laundering specialist with over 24 years of AML experience can also be found at http://www.launderingmoney.com/ and on twitter at : http://twitter.com/#!/LaunderingMoney http://moneylaunderingworld.blogspot.com/   and http://launderingmoney.com/

12 charged with laundering money from behind prison bars

By Jennifer van der Kleu

     

The Santa Clara County District Attorney’s Office, in partnership with the Santa Clara County Sheriff’s Department, has uncovered a money laundering scheme within the walls of the Milpitas-based Elmwood Correctional Facility  that has left 34 victims with a total of $17,000 in losses.
According to County District Attorney Jeffrey Rosen and Deputy District Attorney Tom Flattery, an Elmwood inmate identified as 26-year-old Darin Volk of Turlock headed up the scheme with 11 others.
Volk allegedly enlisted the help of fellow inmates for the use of their commissary and telephone accounts to launder money obtained from stolen credit card accounts. Commissary accounts are given to inmates in prison and allow them to either deposit funds they earn from prison jobs, or allow friends and family to deposit funds for them, which can then be used to purchase items from the prison’s commissary store. Inmates can also authorize friends and family on the outside to withdraw money from their commissary accounts.
According to the District Attorney’s Office, one of Volk’s co-conspirators on the outside, Brian Hoar of Turlock, used stolen credit card accounts to deposit money into the commissary and telephone accounts of Volk and several other inmates.
Volk would then direct three other co-conspirators—Heather Murphree of Turlock, Shanna Conroy of San Jose, and Jaimelynn Sakoda of San Jose—to withdraw a portion of the funds from the inmate accounts. If the inmates authorized the withdrawals from their accounts, they were rewarded by retaining the remainder of the funds, as payment for their cooperation.
“Jail personnel followed standard procedure and issued Santa Clara County checks to the three women without knowing that the accounts had been funded by fraud,” District Attorney Rosen said in a statement about the case.
Volk and his co-conspirators are being charged with conspiracy to commit identity theft, and identity theft.
Rosen also said that Volk and several others are being charged with “conspiracy to possess a cell phone in jail,” which is a crime.
“It is also alleged that, for a short time, Volk and other inmates had the use of a contraband cell phone inside the Elmwood facility,” said Rosen.
From April 24 to May 3, of this year, Rosen explained that the contraband cell phone was used to make 1,375 unauthorized calls from within jail, including 367 calls placed to online retailers, banks and shipping businesses.
“It is alleged that Volk arranged fraudulent commissary trust account deposits as payment for access to the contraband cell phone,” Rosen said.
The Elmwood money laundering scheme is not Volk’s first foray into the world of identity theft—the District Attorney’s Office said that, at the time he committed these crimes, Volk was serving time at Elmwood for a large-scale, multi-jurisdictional, counterfeit credit card manufacturing scheme.
For his part in the money laundering scheme, Volk faces an additional 25 years of local incarceration. Deputy District Attorney Flattery says Volk has been arraigned, and all of the defendants are scheduled to appear in court for a plea date on Wednesday, Dec. 21.
This case comes on the heels of a big announcement California Attorney General Kamala Harris is expected to make today in San Jose, regarding a new task force she is forming dedicated to investigating technology crimes and identity theft.

Michael Hearns an Anti Money Laundering specialist with over 24 years of AML experience can also be found at:


 www.launderingmoney.com
 and on twitter at : http://twitter.com/#!/LaunderingMoney
 http://moneylaunderingworld.blogspot.com/
 http://launderingmoney.com/