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/
Prepaid cards, a popular gift choice during the holiday season, are increasingly being used to launder illicit funds. The cards, which are available at drug stores and retail outlets across the United States, can be used almost anywhere in the world, and in some cases allow their holders to withdraw cash from ATMs.
In most cases, authorities have to obtain warrants before they can gain access to prepaid card information, making it difficult to launch investigations into the accounts. As the Drug Enforcement Administration’s 2010 National Drug Threat Assessment notes, this results in a situation where “law enforcement agents cannot efficiently determine whether the total value associated with a card is suspicious.”
This also means that the extent of the use of prepaid cards to launder money is unknown. As a U.S. Government Accountability Office report noted in 2010, “The nature and extent of the use of stored value for cross-border currency smuggling and other illegal activities remains unknown, but federal law enforcement agencies are concerned about its use."
To make matters worse, U.S. Customs guidelines do not currently require travelers to include the value of these cards when declaring the total amount of money they bring in to the country. Because of this, and because of the relative ease with which they are obtained, prepaid cards have become a popular alternative to smuggling bulk cash for Mexico-based money launderers in recent years.
This was recently confirmed by an anonymous U.S. drug enforcement official, who told Reuters last month that he was familiar with instances where drug traffickers bought prepaid cards with their profits in the U.S. and then moved overseas, where they were then exchanged for money that was not linked to the drug trade.
One known instance of this, as reported by the Associated Press, occurred in 2006 when a Dallas-based firm known as Virtual Money Inc. provided stored value cards to individuals who then assisted a Colombian drug trafficking organization in moving more than $7 million to Medellin over a period of three months. According to a defense attorney in the case, the accused used about 400-500 cards with maximum load limits of $1,000, which they emptied and refilled repeatedly.
John Tobon, a senior U.S. Immigration and Customs Enforcement agent, told the AP in May of this year that prepaid cards have become the “the preferred means of paying couriers who transport illicit drugs across the U.S.,” adding that "Law enforcement loses lives all over the world trying to keep [major criminals] unbanked, and these prepaid cards are offering them a great alternative to sneak into our financial system.”
All of this is set to change in the near future, however, in response to a new regulation proposed by the U.S. Treasury Department. Under the new rules, travelers would have to include prepaid cards, gift cards, and potentially even cell phones to the list of “monetary instruments” whose value must be declared upon entering or leaving the country. When the total exceeds $10,000, the individual would have to file a special report with customs officialsl.






