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Archive for May 14th, 2018

Mexican Police Commander Pleads No Contest to Leaking Sensitive DEA Information to Drug Cartel Members

By Allan Lengel
ticklethewire.com

Here’s a scenario that has been played out countless times over the years.

Jason McGahan of the Daily Beast reports:

A top-ranking Mexican police commander who was the point person for intelligence sharing between U.S. and Mexican law enforcement has pleaded “no contest” in Chicago federal court to charges he leaked sensitive information, including the identity of an informant, to drug cartel members who were targets of a U.S.-led investigation.

Ivan Reyes Arzate, 46, is accused of funneling sensitive information about surveillance operations from U.S. Drug Enforcement Administration agents to the cartel members, who were the objects of those very same operations in Mexico, over a Blackberry Messenger app.

The unusual pleading of “nolo contendere,” which required a judge’s approval, means Reyes Arzate is acknowledging that the particular facts, if presented at trial, would result in a verdict of guilty, but stops short of admitting guilt.

Reyes Arzate flew to Chicago and self-surrendered to law enforcement in April 2017, according to Chris Hotaling, assistant United States Attorney for the Northern District of Illinois in Chicago.

Theft Trial for ATF Senior Agent in Alabama is Delayed

By Allan Lengel
ticklethewire.com

Trial in Birmingham, Ala., for senior ATF agent Jay Bagwell, who is charged with theft, has been delayed as a result of back surgery, AL.com reports.

The “prescribed pain medication renders the defendant unable to effectively participate in the defense of his case,” U.S. Chief Judge Karon O Bowdre wrote. The trial will resume when he recovers.

An indictment alleges that in November 2014 Bagwell “embezzled, stole, purloined, and knowingly converted to his use and the use of another, a thing of value of the United States and of any department or agency thereof.” The indictment only says that the amount of money exceeds $1,000.

“It is our privilege to represent Jay Bagwell, a twenty-five year veteran ATF agent. If a thorough investigation had been conducted by the government, and Mr. Bagwell allowed to provide documentation, this charge would have never existed,” defense attorney Lance Bell said. “We have provided documentation to the government to exonerate this charge and restore Mr. Bagwell’s good name. I wish that I could say more at this time, but I think that the end result will speak for itself.

Rep. Issa Rips DOJ, FBI, Accuses Them of Misleading Congress in Russia Probe

Rep. Darrell Issa

By Allan Lengel
ticklethewire.com

The war of words inside the Beltway over the Trump-Russia investigation shows no signs of letting up.

Rep. Darrell Issa accused the Justice Department and FBI of purposefully misleading Congress when it comes to the origin of the Trump-Russia investigation, Real Clear Politics reports.

“I believe they’re lying through their teeth,” Issa said on Fox News Channel’s “Sunday Morning Futures” with Maria Bartiromo.

Issa, formerly chair of the Oversight Committee, claims it “very much a tradition” for the Justice Department to lie to Congress. He wished Intelligence Committee Chair Devin Nunes and Oversight Committee Chair Trey Gowdy good luck finding the truth.

“To be honest, the deputy needs to recuse himself. We need to have a level of transparency. Probably not one person but multiple people who in fact oversee this to make sure that the American people get what they deserve,” Issa said.

An Offer Philly Mob Boss ‘Skinny Joey’ Couldn’t Refuse

Jerry Capeci is regarded as an expert on the mob. His website, Gang Land News, is a subscription-based website. This article was republished with permission.

Gang Land photo

By Jerry Capeci
Gang Land News

In the end, it was an offer Philadelphia mob boss Joseph (Skinny Joey) Merlino couldn’t refuse. After battling federal  prosecutors to a draw in a hard-fought racketeering trial earlier this year, the flamboyant 56-year-old life-long gambler has decided that the better bet is to take a plea deal with the government for the first — and he hopes the only time — in a long and storied career of forcing the law to prove its case before a jury of his peers.

A very important reason was that the usually hard-driving prosecutors in the so-called Sovereign District of New York agreed to give Skinny Joey an amazingly sweet plea deal — a guarantee that the most severe prison term the mob boss could receive from a judge who has publicly stated that he was a major organized crime figure is two years behind bars. None of the 44 other lesser ranked wiseguys and mobs associates who copped plea deals rather than go to trial — not even the minor defendants who pleaded guilty to selling untaxed cigarettes — was allowed to plead guilty to a charge carrying a maximum sentence of two years behind bars. As Skinny Joey well knows, it could have been worse.

The gambling and fraud charges listed in the four-count indictment against him could have brought a prison sentence of 10 years given Merlino’s two prior federal convictions and his designation in the case as one of the leaders of an East Coast La Cosa Nostra Enterprise.

Despite the great deal, several sources have told Gang Land that Merlino was on the fence about taking the government’s offer. Skinny Joey, whose lawyer described him at trial as a “degenerate gambler,” wanted to go to trial again, but the thought of what a loss would have meant to his family convinced him to take the deal.

Merlino has an older daughter graduating from college in a few weeks and his  younger daughter is on schedule to graduate in two years. If his sentencing falls right, he hopes to still be free for the first graduation and to have finished his latest prison term in time for the next one. His change of tune — “The only thing I’ll accept is an apology” was what he was telling associates after his mistrial — stems in part from advice from close friends, but also from his realization that he and his attorneys would not be able to present what they felt were some of their best arguments to the jury. During the trial, his lawyers were barred from playing any secretly recorded conversations in which Merlino disavowed his mob connections and in which he said he would not get involved in anything illegal.

Ruled Inadmissable

Those comments, in conversations with key government informant John (JR) Rubeo, were ruled inadmissible by Judge Richard Sullivan. Sullivan ruled the comments were self-serving and proved nothing. Merlino realized it was unlikely the judge would rule differently in a retrial. Sources say Merlino has apparently agreed to plead guilty to one gambling charge — placing bets via the Internet.

Three more serious charges, tied to medical insurance fraud and bookmaking , as well as the most serious charge, racketeering conspiracy, will be dropped, the sources say. And Merlino’s sentencing guideline range will be between 10 and 16 months, those same sources say.

He is scheduled to appear before Judge Sullivan on April 27 to enter the plea. A sentencing hearing would be scheduled sometime after that. In his prior skirmishes with the law, Skinny Joey has been convicted of an armored truck robbery and of racketeering. He was acquitted of murder, attempted murder and drug dealing charges. After his release to a halfway house in Florida in 2012, Merlino insisted that he was leaving his life of crime behind.

Gang Land photo

But federal authorities have a different perspective. They argue that despite relocating to Boca Raton, the transplanted South Philadelphia corner boy has continued to run the Philadelphia crime family. In the current case Merlino was identified as the boss of the Philadelphia branch of Cosa Nostra, an allegation he has continued to deny.

Merlino has told associates that he was unjustly targeted in the case because of his reputation and alleged standing in the underworld. He has portrayed himself as a victim of overzealous prosecutors and less than reliable mob informants who were using him as a get-out-of-jail-free card. In addition to the sweetened federal offer — and a chance to be home for both his daughters’ graduations — reports that many jurors had been leaning toward conviction likely play a role in his decision. Court room sources placed the votes at 10-2 and 9-3 for conviction on insurance fraud and bookmaking charges even though Rubeo, the prosecution’s key witness, came across as less than credible under heavy cross-examination by Merlino’s long time, Atlantic City-based lawyer, Edwin Jacobs Jr.

But as is often the case in mob trials, it was the tapes that appeared to be Merlino’s undoing. The credibility and motivation of cooperating witnesses like Rubeo can easily be challenged. JR was described by Jacobs in his opening statement to the jury as “an arch criminal,” a mob associate who began cooperating after getting jammed up in a major cocaine trafficking case that could have landed the 43-year-old in jail for life.

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