Federal Executive Clemency – 10 Questions to Ask

Federal Executive Clemency - 10 Questions to Ask
Federal Executive Clemency
10 Questions to Ask

Florida Update 2020


Florida Clemency Board Blocks Pardons

As of August, the clemency board had a backlog of more than 24,000 cases.

https://news.wfsu.org/state-news/2020-09-23/florida-clemency-board-blocks-pardon-blocked-for-felons-rights-leader


We spent considerable time last week assembling our team to begin expediting the clemency petitions to be filed under the new Executive Clemency Initiative. Our team includes two Board Certified Criminal trial Lawyers and a number of other attorneys and paralegals. Our sense is that while most inmates will eventually receive some attention, our goal will be to quickly gather needed information, and to expedite the completion of the case file for federal authorities to evaluate. We have collected and listed below the basic information needed to get started and the specific questions we believe will need answers.


Ten Facts Needed for Executive Clemency Review


 

To begin the process, our clemency attorneys will need the following information:
• Name – first, last, middle
• Date of Birth
• District Court Case Number
• Bureau of Prisons Facility Location and Address
• BOP Register Number
• District where sentenced
• Projected Release Date
• Attorney who represented you at sentencing — please provide name and address if you know it
• Attorney(s) who previously represented you in any appeal, habeas proceeding, sentence reduction proceeding, or application for sentence commutation — please provide name and address if you know it.
• If you currently have an attorney representing you in any aspect of your federal criminal case including an application for sentence commutation, please provide the attorney’s name, address, and any other contact information if you know it.

Ten Important Questions on Executive Clemency


 

1. For what offense(s) were you convicted for which you are serving your current federal sentence?
2. What sentence did the judge originally impose?
3. When were you originally sentenced?
4. Were you given a longer sentence for possessing or using a weapon?
5. Was your sentence later changed?
6. If you answered yes to Question 5, what is your current sentence?
7. How much time have you served on your current sentence?
8. Are you currently appealing or challenging any part of your conviction or sentence? If you answered yes, is that case pending?
9. Have you been convicted of any other crimes besides the one(s) for which you are serving your current federal sentence?
10. Have you received any incident reports while serving your current sentence?

Video – Clemency Attorney Continues Efforts to Free Federal Inmates

Clemency, Clemency Attorney, Federal Clemency Attorney

Federal Clemency Attorney

Federal Clemency Attorney

Florida Update 2020


Florida Clemency Board Blocks Pardons

As of August, the clemency board had a backlog of more than 24,000 cases.

https://news.wfsu.org/state-news/2020-09-23/florida-clemency-board-blocks-pardon-blocked-for-felons-rights-leader


 

Federal Clemency Attorney, W.F. “Casey” Ebsary, Jr. was involved with Families Against Minimum Mandatories (FAMM) and efforts to release federal inmates incarcerated on crack cocaine sentences in years gone by. This was a successful project. One of our friend’s children was released and we received a tearful call from a grateful father upon the child’s arrival home.

“This new and improved approach will make the criteria for clemency recommendation more expansive.  This will allow the Department of Justice and the president to consider requests from a larger field of eligible individuals.” Attorney General Eric Holder April 21, 2014.

Now Casey has shifted focus to this effort by the United States Attorney General to seek release of other non violent drug offenders. According to the Washington Post, the federal government will now make an  “effort to foster equity in criminal sentencing by considering clemency requests from as many as thousands of federal inmates serving time for drug offenses . . . ”

A Video Message from the 

Attorney General of the United States

 

Federal Clemency Lawyer /practice-areas/tampa-criminal-attorney/clemency-petitions-pardons/ in Tampa, Florida is a Board Certified Criminal Defense Attorney. Tampa Criminal Defense Lawyer, W.F. “Casey” Ebsary, Jr. can be reached at 813-222-2220. Portions of this News Video were Press Released by the Attorney General Who Does Not Endorse This Lawfirm.

Transcript:

“In 2010, President Obama signed the Fair Sentencing Act, reducing unfair disparities in sentences imposed on people for offenses involving different forms of cocaine.

“But there are still too many people in federal prison who were sentenced under the old regime – and who, as a result, will have to spend far more time in prison than they would if sentenced today for exactly the same crime.

“This is simply not right.

“Legislation pending in Congress would help address these types of cases.  In the meantime, President Obama took a sensible step towards addressing this situation by granting commutations last December to eight men and women who had each served more than 15 years in prison for crack cocaine offenses.  For two of these individuals, it was the first conviction they’d ever received – yet, due to mandatory minimum guidelines that were considered severe at the time, and are profoundly out of date today – they and four others received life sentences.

“These stories illustrate the vital role that the clemency process can play in America’s justice system.

“The White House has indicated it wants to consider additional clemency applications, to restore a degree of justice, fairness, and proportionality for deserving individuals who do not pose a threat to public safety.  The Justice Department is committed to recommending as many qualified applicants as possible for reduced sentences.

“Later this week, the deputy attorney general will announce new criteria that the department will consider when recommending applications for the President’s review.  This new and improved approach will make the criteria for clemency recommendation more expansive.  This will allow the Department of Justice and the president to consider requests from a larger field of eligible individuals.

“Once these reforms go into effect, we expect to receive thousands of additional applications for clemency.  And we at the Department of Justice will meet this need by assigning potentially dozens of lawyers – with backgrounds in both prosecution and defense – to review applications and provide the rigorous scrutiny that all clemency applications require.

“As a society, we pay much too high a price whenever our system fails to deliver the just outcomes necessary to deter and punish crime, to keep us safe, and to ensure that those who have paid their debts have a chance to become productive citizens.

“Our expanded clemency application process will aid in this effort.  And it will advance the aims of our innovative new Smart on Crime initiative – to strengthen the criminal justice system, promote public safety and deliver on the promise of equal justice under law.”

Source: https://www.washingtonpost.com/world/national-security/justice-department-prepares-for-clemency-requests-from-thousands-of-inmates/2014/04/21/43237688-c964-11e3-a75e-463587891b57_story.html

https://www.justice.gov/opa/pr/2014/April/14-ag-409.html

How to Forfeit Most of your Assets in Federal Court in 10 Easy Steps?

How to Forfeit Most of your Assets in Federal Court in 10 Easy Steps?

How to Forfeit Most of your Assets in Federal Court in 10 Easy Steps?

Many forfeitures of assets to the Federal Government are conditions included in standard plea agreements to criminal charges in the Middle District of Florida Tampa Division. So some have asked: How can someone Forfeit Most of their Assets in Federal Court? Let me walk you through an actual case we reviewed in Tampa. I did not represent this now broke person who now lives in a Federal Prison.

Ironically, after agreeing to give up everything he owned, the defendant filed a claim in Federal Court trying to retrieve his money, other assets and a rather nice Bentley automobile. Good luck with that claim. Here is how to lose all of your stuff through an agreement with the Federal Government.

How to lose everything in a Federal Forfeiture Case in 10 Easy Steps?

  1. Commit and plead to a federal indictment that includes forfeiture provisions that usually read like this: The defendant agrees to forfeit to the United States immediately and voluntarily any and all assets and property, or portions thereof, subject to forfeiture, pursuant to Title 18, United States Code, Sections 981(a)(l)(C) and Title 28, United States Code, Section 2461(c), whether in the possession or control of the United States or in the possession or control of the defendant or defendant’s nominees. The assets to be forfeited specifically include, but are not limited to, the following: a forfeiture money judgment of at least $1,176,787.00. representing the total amount.
  2. Have a list like this one included in your plea agreement: “Items Seized from the Defendant Approximately $118,275.00 stored on 143 Green Dot and Wal-Mart Money cards; 2005 Bentley GT, Baranato Green, VIN SCBCR63W25C026307; 18 Karat Gold Rolex Oyster Perpetual Day Date Watch with a Diamond Dial; 14 Karat Gold Necklace with “RS’Pendant with 703 Diamonds; 14 Karat Gold Double Cuban Link Chrome Chain; 14 Karat Gold Men’s Ring with 1 10 Diamonds; 14 Karat Gold and Diamond Men’s Bracelet with 2,420 Round Diamonds; 14 Karat Gold Men’s Square Ring with 54 Round Diamonds; KC Stainless Steel Men’s Watch with 57 Diamonds; KC Stainless Steel Men’s Watch with 33 Diamonds; and approximately $25,000.00 in U.S. Currency; approximately $22,580 in U.S. Currency.
  3. Agree and Consent to the following: defendant “agrees and consents to the forfeiture of these assets pursuant to any federal criminal, civil, andfor administrative forfeiture action. The defendant also hereby agrees that the forfeiture described herein is not excessive and, in any event, the defendant waives any constitutional claims that the defendant may have that the forfeiture constitutes an excessive fine.
  4. Agree that the property is related to the offense charged: “The defendant admits and agrees that the conduct described in the Factual Basis below provides a sufficient factual and statutory basis for the forfeiture of the property sought by the government. Pursuant to the provisions of Rule 32.2(b)(l), the United States and the defendant request that at the time of accepting this ptea agreement, the court make a determination that the government has established the requisite nexus between the property subject to forfeiture and the offense(s) to which defendant is pleading guilty and enter a preliminary order of forfeiture. Pursuant to Rule 32.2(b)(4), the defendant agrees that the preliminary order of forfeiture shall be final as to the defendant at the time it is entered, notwithstanding the requirement that it be made a part of the sentence and be included in the judgment.
  5. Agree to help the feds find all of your stuff: “Defendant further agrees to take all steps necessary to locate property and to pass title to the United States before the defendant’s sentencing. To that end, defendant agrees to fully assist the government in the recovery and return to the United States of any assets, or portions thereof, as described above wherever located. The defendant agrees to make a full and complete disclosure of all assets over which defendant exercises control and those which are held or controlled by a nominee. The defendant further agrees to be polygraphed on the issue of assets, if it is deemed necessary….”
  6. Agree that the feds can go after other stuff too: ” The defendant agrees that the United States is not limited to forfeiture of the property described above. If the United States determines that property of the defendant identified for forfeiture cannot be located upon the exercise of due diligence; has been transferred or sold to, or deposited with, a third party; has been placed beyond the jurisdiction of the Court; has been substantially diminished in value; or has been commingled with other property which cannot be divided without difficulty; then the United States shall, at its option, be entitled to forfeiture of any other property (substitute assets) of the defendant.
  7. Agree to the Facts of the case like this: “Defendant is pleading guilty because defendant is in fact guilty. The defendant certifies that defendant does hereby admit that the facts set forth below are true, and were this case to go to trial, the United States would be able to prove those specific facts and others beyond a reasonable doubt: . . . From at least in or about March 201 1, through the present, [The Defendant who was Indicted], in part through his car dealership known as “[Name of your Business here],” engaged in a scheme and artifice to defraud the U.S. Treasury Department, commonly known as “Turbo Tax Fraud,” by filing fraudulent income tax returns and negotiating fraudulent federal income tax refunds. During the summer of 2011, law enforcement received multiple tips that [Defendant who was charged with a federal Crime] was engaging in tax fraud at his business, [Your Business Name Here]. The sources stated that [Soon to be Broke Defendant who agreed to all this] sold automobiles to buyers who paid him with United States Treasury checks obtained from the filing of fraudulent federal income tax returns. The sources advised that the fraudulently obtained Treasury checks [Name Deleted} received were for a much higher value than the sales price of the vehicles sold. Simmons then negotiated the checks and laundered the proceeds through his business accounts. Sources also stated that [defendant] filed fraudulent tax returns from his computer located at his business, . . .  and maintained a ledger that contained numerous personal identifiers associated with the filing of fraudulent tax returns such as names, dates of birth, and social security numbers of identity theft victims. The sources  further stated that Simmons would frequently possess multiple Treasury checks or prepaid debit cards in names other than his own and would place the proceeds from the negotiated checks and debit cards into his business account(s).
  8. Have your Buddy Cooperate with the Feds Like This: “On or about July 12,201 1, a cooperating defendant (CD) wearing a concealed digital audio recorder traveled to …the Middle District of Florida, and met . . advised the CD to bring him . . . Green Dot cards and he would take care of the rest.”
  9. Get videotaped in your scheme; “Surveillance video captured . . .  using a pre-paid debit card [and  on another date] captured on video .  . . making an ATM withdrawal using the card [and then] was captured on video using a money machine at at 1208 East Brandon Blvd, Brandon, in the Middle District of Florida.”
  10. Have Zero Chance of Getting Your Stuff Back Later.
Sources: 
 
Federal Court Documents

Foreign Corrupt Practices Act

Foreign Corrupt Practices Act

Foreign Corrupt Practices Act

Foreign Corrupt Practices Act (FCPA)

What is the Foreign Corrupt Practices Act? Indictment charging criminal violations of the FCPA.

For those of you unfamiliar with the Foreign Corrupt Practices Act (FCPA), if may be time to get acquainted.

The FCPA, found at Title 15 U.S. Code Section 78dd, prohibits “bribes” to any individual working in the executive, legislative, or judicial branch of a foreign government in order to obtain or retain business. For years, business was done in certain foreign countries under a “pay to play” scenario- someone needed to get paid in order to get the deal done. Most often, when these arrangements were detected, the Department of Justice imposed civil fines and penalties and permitted the American company and its employees to keep doing business. That trend seems to have ended.
The DOJ and FBI have recently ramped up criminal enforcement of this law. Entire FBI squads as well as teams of DOJ lawyers are now assigned, full time, to identifying criminal violations and prosecuting alleged violators, individuals and companies. In addition to our very recent case in DC, on May 10, 2011, the government obtained convictions of Lindsey Manufacturing and two of its executives on charges of Conspiracy to violate the FCPA, arising out of an scheme to bribe Mexicans officials. Another criminal FCPA trial against employees of a California company, alleging bribes to a Chinese officials, will begin soon in Los Angeles. Do not think that these cases are limited to Fortune 500 companies and their employees- my client owned a mid-sized police equipment supply company in St. Petersburg . I must admit that I did not realize the full scope of the government’s efforts in this area until becoming involved in this case.
What happened in my case? After 9 weeks of trial and 6 days of deliberations, a mistrial was declared when the jury was unable to reach a verdict. They were hung 9-2 with one undecided for acquittal on the conspiracy, but closer on the substantive counts. We had raised many defenses available under the FCPA, including lack of business nexus between the payment and the contract, and absence of mens rea – the statute requires the government to prove both willfulness and corrupt intent. We also attacked, successfully, I believe, the method and integrity of the FBI’s investigation.
The bottom line here is that all clients and companies doing business with foreign governments must be made aware of this law. Although “bribes” are illegal, there are permissible ways to compensate foreign agents and foreign officials under limited circumstances. It is important to recognize the difference. Look for a lot more of these cases in the future.
Special Thanks to Guest Author.

What is Entrapment?

What is Entrapment?
Sometimes law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of.

What is Entrapment?


Entrapment occurs when criminal conduct is a product of law enforcement officials. In other words, a police officer can’t lure an innocent person to commit a crime then arrest them for it. When cops cross this boundary the defense of entrapment is available.


Florida Laws on Entrapment


Florida recognizes two theories of defense based on entrapment: subjective and objective entrapment. See 777.201, Florida Statutes; Munoz v. State, 629 So. 2d 90, 99 (Fla. 1993). Subjective entrapment focuses on whether conduct by law enforcement induced, encouraged, or caused the defendant to commit a crime when he or she was not predisposed to do so. See § 777.201, Fla. Stat.; Jones v. State, 114 So. 3d 1123, 1126 (Fla. 1st DCA 2013).


Subjective Entrapment


The test to establish a subjective entrapment defense includes:

1. whether a government agent induced the defendant to commit the crime charged;

Inducement has been defined as “any government conduct creating a substantial risk that an otherwise law-abiding citizen would commit an offense, including persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward, or pleas based on need, sympathy or friendship” Farley v. State, 848 So. 2d 393 (Fla. 4th DCA 2003).

2. whether the defendant was predisposed to commit the crime charged;

Predisposition asks whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense. Munoz, 629 So. 2d at 99. Predisposition is not present when one has no prior criminal history related to the offense at issue. Nadeau v. State, 683 So. 2d 504, 506 (Fla. 4th DCA 1995).

(3) whether the entrapment defense should be evaluated by the jury.

Where the facts and the law establish entrapment there is no need for the jury to make any findings of fact. Where facts are contested though the issue of entrapment will be decided by a jury.


Objective Entrapment


Objective entrapment occurs when egregious law enforcement conduct amounts to a violation of the defendant’s right to due process under article I, section 9, of the Florida Constitution. See Munoz, 629 So. 2d at 99.

Simply put, law enforcement behavior can be so despicable that their conduct and method of investigation leads only to entrapped citizens. This form of entrapment is rare but not unheard of.

Thanks to Guest Author Robson Powers of the Law Office of Michael P. Maddux, P.A.

 

Pasco Oxycodone Defense Attorney – 813-222-2220 – Video on YouTube

Pasco Oxycodone Defense Attorney

Pasco Oxycodone Defense Attorney


Pasco Oxycodone Defense Attorney has a FREE fully searchable Pasco Drug Crimes Oxycodone defense database on Oxycontin and drug charges in Florida. Drug Crimes Data Base Click Here. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police improperly search for and then seize contraband. Casey reviews the Minimum Mandatory sentences that may apply to some Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Pasco County, Florida.


Transcript: [Pasco Oxycodone Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Pasco Oxycontin Defense Lawyer Narration]

Polk Marijuana Defense Attorney 813-222-2220 – Drug Crimes – Cannabis

Polk County Marijuana Law

Polk County Marijuana Law


Drug2Go.com and Polk Marijuana Defense Attorney now have a FREE fully searchable Polk Drug Crimes Cannabis Marijuana defense database on marijuana and drug charges in Florida. This video discusses and Compares How to use probable cause in criminal cases and the possibility of drug charges being dropped or dismissed when police illegally improperly search for and then seize contraband without a Search Warrant. Casey reviews the Minimum Mandatory sentences that may apply to some Marijuana and Cannabis Drug Trafficking cases. W.F. “Casey” Ebsary, Jr. is a Board Certified Criminal Trial Attorney, a specialist who defends drug crimes in Polk County, Florida.

 


Transcript: [Polk Marijuana Defense Attorney Narrates] Hundreds of people are arrested every day. You may be one of them. I spend most of my time defending cases in State and Federal Courts. Many times drug crimes arise from searches of motor vehicles. Sometimes police will stop a car and then search it. Sometimes we are able to attack these searches when police do not have reasonable suspicion or probable cause to search the motor vehicle. In the event we can suppress the evidence, we may be able to have the drug charges dismissed, since there is no longer any evidence to be admitted against you in a criminal prosecution and evidence becomes unavailable for admission in a trial. I have arrived at my destination – one of the many courthouses in Tampa Bay where I help people. Let me help you. Criminal charges in State or federal Court? Let me help. Call me at 813-222-2220. Let me drive to court to help you.[End of Polk Cannabis Defense Lawyer Narration]

Boston Marathon Bombing Criminal Complaint Download PDF Here

Boston Marathon Bombing Criminal Complaint is available here:

https://centrallaw.com/BostonMarathonBombingCriminalComplaintTsarnaev.pdf


Excerpts from Special Agent’s Affidavit:


 

bombing, Criminal Complaint Boston Marathon, terrorism, United States District Court,

Criminal Complaint Boston Marathon,

Boston Marathon Bombing
Criminal Complaint
Download PDF Here

“I submit this affidavit in support of an application for a complaint charging DZHOKHAR TSARNAEV with (1) unlawfully using and conspiring to use a weapon of mass destruction (namely, an improvised explosive device) against persons and property within the United States …”

 

“I have reviewed videotape footage taken from a seculity camcra located on Boylston Street near the corner of Boylston and Gloucester Streets. At approximately 2:38 p.m. (based on the video’s duration and timing of the explosions) — i.e., approximately 1 I minutes before the first explosion –two young men can be seen turning left (eastward) onto Uoylsion from Gloucester Street. Both men are carrying large knapsacks.”

 

“Approximately 30 seconds before the first explosion, he lifts his phone to his ear as if he is speaking on his cell phone, and keeps it there for approximately 18 seconds. A few seconds afler he finishes the call, the large crowd of people around him can be seen reacting to the first explosion. Virtually every head turns to the east (towards the finish line) and stares in that direction in apparent bewilderment and alarm. Bomber
Two, virtually alone among the individuals in front of’the restaurant, appears calm.”

 

“In addition, from the scene of the shootout on Laurel Street in Watertown, the FBI has recovered two unexploded IEDs, as well as the remnants of numerous exploded IEDs.”
“The remnants of at least one of the exploded IEDs at the scene of the shootout indicate that a low-grade explosive had been contained in a pressure cooker. The pressure cooker was of the same brand as the ones used in the Marathon explosions. The explosive also contained metallic BBs contained within an adhesive material as well as green-colored hobby fuse. The intact low-grade explosive device found in the abandoned car was in a plastic container and wrapped with green-colored hobby fuse.”

“On April 21, 2013, the FBI searched DZHOKHAR TSARNAEV’s dormitory room at 7341 Pine Dale Hall at the University of Massachusetts at Dartmouth, pursuant to a search warrant. The FBI seized from his room, among other things, a large pyrotechnic, a black jacket and a white hat of the same general  appearance as those worn by Bomber Two at the Boston Marathon on April 15, 2013, and BBs.”

“Based on the foregoing, there is probable cause to believe that on or about April 15, 2013, DZHOKHAR TSARNAEV violated 18 U.S.C. $5 2332a (using and conspiring to use a weapon of mass destruction, resulting in death) and 844(i) (malicious destruction of property by means of an explosive devicc, resulting in death). Accordingly, I respectfully request that the Court issue a complaint charging DZHOKHAR  TSARNAEV with those crimes. Special Agent
Federal Bureau of Investigation”

Federal Criminal Prosecutions on the Rise – By the Numbers

federal criminal defense, Middle District of Florida, Federal Criminal Defense Attorney,

Federal Criminal Prosecutions on the Rise

Federal Criminal Prosecutions are up for 2012 in the Middle District of Florida says a United States Department of Justice report. USDOJ  national statistics reveal in 2012, there were 84,307 criminal filings in the nation. In the Middle District of Florida for 2012 there were 1,505 Filings and 2011 had 1,290 filings.

Sadly, drug cases, including marijuana, remained by far the largest category  with 593  of the 1505 total (39%) cases. The next largest number of case filings – Immigration (241 cases) (16%) , then Fraud offenses right behind it at 227 (15%) ; Firearms (Alcohol Tobacco and Firearms –  ATF) Gun cases were next at 171 filings (11%).  In the 11th Circuit there were 2,064 criminal appeals filed in 2012 compared to 1,433 filed in 2011.

Tampa Federal Criminal US District Courthouse

Tampa Federal Criminal Courthouse

Tampa Federal Criminal Defense Attorney, Tampa Federal Criminal Defense Lawyer, United States District Court

United States District Court Tampa Federal Courthouse

Tampa Federal Criminal Defense Attorney – Photo Credit

 

Tampa Federal Criminal Defense Attorney helps those in need at United States District Courthouse Tampa Federal Courthouse 801 North Florida Ave. Tampa, Florida 33602. This high resolution  rendering of the Tampa Federal Courthouse was  rendered using several processes available in Photoshop and Android photo applications. As a criminal defense attorney, this is one of the places where I help those in need.

Map Tampa Federal Criminal Courthouse

Tampa Federal Criminal Defense Attorney

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