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Thursday, December 11, 2014

Indictment Returned on Courthouse Bomb Threats

United States Attorney Walt Green announced the filing of an indictment returned by a federal grand jury that charges BRIAN CAVALIER, age 33, of Baton Rouge, Louisiana, with two (2) counts of making threats by mail, in violation of Title 18, United States Code, Section 844(e). If convicted, the defendant could face significant incarceration, fines, restitution, and supervised release following imprisonment.

The indictment alleges that on or about November 1, 2013, CAVALIER mailed a threatening letter to the United States District Court for the Middle District of Louisiana in which he falsely and maliciously conveyed that a bomb had been planted in the federal courthouse and that the bomb was set to detonate within twenty-four (24) hours. According to the indictment, approximately one month later, on or about December 2, 2013, CAVALIER mailed a second threatening letter, this time to the 19th Judicial District Court in Baton Rouge, which also falsely and maliciously conveyed that a bomb had been planted in the state courthouse and that the bomb would soon detonate.

U.S. Attorney Green stated: “My office takes threats to the safety and security of our community’s judicial and governmental offices very seriously. Specific and credible threats not only disrupt the functioning of our government and affect the daily lives of many individuals who live and work in our community, but they also divert law enforcement resources from more critical missions.”

Monday, December 08, 2014

"Inside the Shelton Gang: One Daughter's Discovery" By Ruthie Shelton and Jon Musgrave

Inside the Shelton Gang: One Daughter's Discoverytells the true story of what happens when a father’s wall of secrets begin to crumble and a family’s lost heritage of violence erupts from the front pages of history.

For daughter Ruthie it’s a discovery that will forever change her life as she learns what it meant to be a Shelton in the days of Prohibition and the decades following, to be a member of a crime family that rivaled Al Capone’s for control of Illinois.

Friday, December 05, 2014

Sheriff of the Year Award Winner: Keep your politics away from our guns

No other instrument or object in American society is more vilified and maligned -- or evokes more emotion and passionate debate -- than the firearm. Any category of death by unnatural causes should get attention. However, when that death occurs as the result of a gun being illegally used, reason and logic are marginalized, myths become facts and emotion drives the conversation.

The problem with the gun in America is that the left has politicized it. An entire advocacy has been developed and is part of their political platform. Their call for gun control is deceptively wrapped around a theme of reducing street violence and mass killings. The flaw in their argument is that none of the remedies they offer to reduce these senseless acts has anything to do with why this violence occurs. For the anti-gun cabal, this is more about defeating a political adversary, the influential National Rifle Association, than it is about reducing gun violence.

Universal background checks and limiting magazine capacity are offered as reasonable approaches to reducing violence. Neither of these suggestions is directly associated with gun violence. Instead, these technical fixes frustrate the overwhelming number of law-abiding American gun owners.

Our system of jurisprudence is predicated on punishing those individuals directly involved in committing crime, not those who are not. Gun control has never worked to eradicate violence. The cities of Chicago and Washington have had some of the strictest gun laws in America, yet they continue to experience high levels of gun-related, violent crime.

A little-talked-about truth is that gun control in America has its roots in racism.

Its original intent was to keep firearms out of the hands of black people, more specifically, newly-freed slaves. As Charles C.W. Cooke noted in his article "The Great Equalizer," civil rights champion Ida B. Wells said this about the value of bearing arms, "...the only case where the proposed lynching (of a Black man) did not occur was where the men armed themselves."

She went on to say that the "lesson that teaches, and which every Afro-American should ponder well, is that a Winchester rifle should have a place of honor in every black home and it should be used for that protection which the law refuses to give."

In a recent New York Times article, Charles W. Cooke quoted civil rights champion Ida B. Wells on the value of bearing arms: "'...the only times an Afro-American who was assaulted got away has been when he had a gun and used it in self-defense.'" And, quoting her further: "'... a Winchester rifle should have a place of honor in every black home, and it should be used for that protection which the law refuses to give.'"
Abolitionist Frederick Douglass also supported the right of blacks to arm themselves to guard against mob violence. As noted in Stephen P. Halbrook's book, "That Every Man Be Armed: The Evolution of a Constitutional Right," Douglass believed that "slaves without arms" could never attain freedom. Even the U.S. Congress at the time recognized the key role that arming blacks played in the ending of slavery.

In 2010, the U.S. Supreme Court granted Otis McDonald, a Chicago resident, that same protection by validating his right to keep and bear arms when they struck down the city's unreasonable gun control ordinance. McDonald sued Chicago, claiming that the restriction prevented him from protecting himself and his home from gang violence.

Preventing private citizens the right to arm themselves for their own defense is a de facto death sentence.
Here are more effective ways to reduce gun violence:

First, let's rid ourselves of the fantasy that strict gun control is even achievable. In his blog for the Milwaukee Journal Sentinel, Marquette University law professor Rick Esenberg said that "such a conversation about gun violence should be tempered by constitutional, political and practical realities. We are not about to ban the private ownership of guns in the United States."

Second, end social engineering experiments in the criminal justice system that see criminal perpetrators in a warped view as victims of society to be treated leniently. Punishment, when applied early in a criminal's career, is an effective deterrent to crime.

Finally, stop conditioning society that guns are evil. They save many more lives than they take. Instead, start providing gun safety education that teaches people to respect firearms, not fear them.

Thanks to Sheriff David A. Clarke Jr..

Milwaukee County Sheriff David A. Clarke, Jr. is a lifelong resident of Milwaukee. He received the 2013 Sheriff of the Year Award from the Constitutional Sheriffs and Peace Officers Association for "staying true to his oath, true to his badge, and true to the people he has promised to serve and protect."

Wednesday, December 03, 2014

14 Charged in Large Scale Sports Betting Operation

Rockland County District Attorney Thomas P. Zugibe today announced the arrests of 14 individuals on charges of unlawfully operating a sports betting enterprise that stretched from Rockland County to New York City and from Bergen County, New Jersey to Palm Beach, Florida. It is estimated that the ring took in millions of dollars a month over a 16-month period by accepting wagers on a wide variety of sporting events – ranging from professional football, basketball, hockey and baseball to college basketball, among others.

District Attorney Zugibe said, “The defendants are accused of operating an incredibly lucrative gambling operation – taking in millions of dollars a month. Such unlawfully earned profits are commonly diverted to more insidious criminal enterprises. In fact, the investigation uncovered evidence that the enterprise had links to organized crime.”

The defendants - who range in age from 27 to 74, are charged with Promoting Gambling, Possession of Gambling Records, Money Laundering and other offenses. Based on information obtained during the probe, there were approximately 60 court authorized search warrants in New York, New Jersey and Florida. To date more than $3 million dollars in cash and other properties have been seized.

The defendants arraigned before Clarkstown Town Justice
  • Patsy Capolongo, 8210 Spyglass Dr, West Palm Beach, Florida charged with Promoting Gambling in the First degree and possession of gambling records in the first degree.
  • Carmine Potenza, 93 N. Pilgrim, Pearl River, NY charged with Promoting Gambling in the First degree and possession of gambling records in the first degree.
  • Harry Floershiem, 6 Mountain View Dr, Tompkins Cove, NY charged with Promoting Gambling in the First degree and possession of gambling records in the first degree.
  • Thomas Feeney, 6 College Rd, Nanuet, NY charged with Promoting Gambling in the First degree and possession of gambling records in the firs tdegree.
  • Brian E. Kelly, 23 Carlton Rd, Pearl River, NY charged with Promoting Gambling in the First degree and possession of gambling records in the second degree
  • Richard Simko, 5 Herbet Ct, Tomkins Cove, NY charged with Promoting Gambling in the second degree and possession of gambling records in the first degree, and criminal possession of a weapon in the 4th degree
  • Richard Lacava, 622 Pelhamdale Ave, Pelham Manor, NY charged with Promoting Gambling in the First degree and possession of gambling records in the first degree
  • Eric Wachter, 2430 Stuart St, Brooklyn, NY charged with Money Laundering in the Fourth degree
  • John Tognino, 3191 Ampere Ave, Bronx, NY charged with Promoting Gambling in the First degree and possession of gambling records in the first degree.
  • Robert Wisiak, 7356 196th St, Queens, NY charged with Promoting Gambling in the First degree and possession of gambling records in the first degree.
The crackdown was the culmination of a 16-month probe led by the District Attorney’s Organized Crime Unit with the assistance of the New York State Police Special Investigative Unit, the Clarkstown Police Department, the Ramapo Police Department, the Bergen County Prosecutor’s Office, the Queens District Attorney’s Organized Crime Division, the NYPD Asset Forfeiture Unit, the Department of Homeland Security, the Broward County Sheriff’s Department, the Palm Beach County Sheriff’s Department and the FBI.

"Illegal gambling is not a victimless crime. Those who participate in these criminal enterprises often use threats, intimidation and even physical force to collect debts and regularly charge usurious interest rates on outstanding debts. In addition to our local and state partners, I want to thank our federal law enforcement colleagues and out-of-state police authorities for their cooperation and
efforts in this sweeping probe,” said Zugibe.

All of the defendants were arraigned before Clarkstown Town Justice Rolf Thorsen. All defendants were released on their own recognizance.

This is an ongoing investigation and it is anticipated that there will be further arrests.

Tuesday, November 25, 2014

Investigations to Proceed on #OperationChokePoint

As reported last month, a coalition of congressional representatives led by Rep. Blaine Luetkemeyer  (R-Mo.) had requested internal investigators at the Department of Justice (DOJ) and the Federal Deposit Insurance Corporation (FDIC) to conduct formal inquiries into Operation Choke Point, as well as any officials and staff involved in the program. Rep. Luetkemeyer is now reporting that those requests have been granted. According to his press release announcing the decisions, “The correspondence I received from the FDIC and DOJ is a great first step in ensuring that those responsible for Operation Choke Point are held accountable and that Congress and the American people receive details and answers they deserve.”

Over the past year, the NRA has reported at length on the abuses of Operation Choke Point, an enforcement program involving DOJ and FDIC (among other agencies) that claims to target financial fraud, but in reality is being used to choke off banking services to legitimate, although politically-disfavored, businesses. These businesses include retailers of firearms and ammunition, a number of which have found their banking relationships abruptly severed with little or no explanation and without reference to anything the individual businesses did or did not do. Earlier this year, a congressional report based on examination of nearly 900 internal DOJ documents found that the operation's adverse effect on legitimate businesses was not merely an unintended side-effect but the outcome of a deliberate attempt to target entire business sectors that, while legal, were deemed objectionable by regulators.

Many questions about the program remain, including who decided which business sectors should be targeted, the extent of coordination between the agencies involved, and who within the Obama administration knew of or encouraged the activity. The forthcoming investigations should hopefully shed light on these and other important issues. What is clear is that DOJ and FDIC have a lot of explaining to do.

The NRA remains committed to shedding light on the abusive practices of Operation Choke Point. While other attempts to reign in Choke Point are underway -- including legislation and litigation by affected members of the financial services industry -- the ultimate solutions to such rank abuse of investigative and enforcement authorities is to ensure they are clearly revealed for what they are and to pinpoint the decision-makers and planners involved. Legislation and court orders, while beneficial and certainly indicated in addressing Operation Choke Point, are no substitute for integrity, sound discretion, and professional ethics.  In this regard, Operation Choke Point may have more to say about the character of those administering the system than about the soundness of the system itself.

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