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Category Archives: 86 Miscellaneous Drug Crime Victories

U.S. v. Mr. T (DMC No.14567) – Federal Felony Conspiracy to Commit Money Laundering ($175,000), Felony Conspiracy to Distribute a Controlled Substance (5kg of Steroids/383,000 Dosage Units), Felony Conspiracy to Import a Controlled Substance, and Related Forfeiture Issues – Reduced to 1 Count Conspiracy with Intent to Distribute Steroids with Probation and 7 Months of Incarceration and  Forfeiture Amount Reduced from $175,000 to $25,000 – United States District Court, District of Arizona (Case No. CR-15-01044-002-PHX-DLR).

Investigators in Phoenix became aware of seizures of packages at the Port of Entry in San Francisco, which were destined for Phoenix and contained both anabolic steroids and synthetic male hormones. One package contained 400 tablets of counterfeit Cialis, and 200 tablets of counterfeit Viagra. Although they are not controlled substances, they are frequently used in conjunction with anabolic steroids to counter impotency.

An investigation unwound in which Mr. T and his co-defendant were seen on a weekly basis traveling to a commercial warehouse in Phoenix. They would then go to various post offices and postal stores to mail parcels to destinations outside of Arizona. The Agents confirmed that the packages contained anabolic steroids and other controlled substances. Investigators also discovered that Mr. T and the co-defendant would travel to multiple Safeway stores and Fry’s stores that advertised Western Union services. They would do multiple wire transfers for $925. Any Western Union money transfer over $999 requires identification. By keeping the number under $999, they were able to avoid detection per that requirement.

During the investigations with the Postal Inspectors, they discovered that over a three-year period Mr. T had sent wire transfers to Israel and China totaling more than $75,000. Other wire transfers were discovered and eventually an arrest warrant was issued. Mr. T was found to be holding $25,000 in cash, over 300,000 dosage units of steroids, and multiple pieces of equipment for manufacturing steroids from analog chemical components. Agents seized approximately $125,000 of Mr. T’s cash, along with a Toyota Prius.

We became involved in the case and began working with the Assistant U.S. Attorney and the investigating Agents. Mr. T demonstrated a complete acceptance of responsibility through cooperation with Agents, whereby they were provided information on sources of steroids that come in from different countries including Israel, Turkey, Moldovia, Bosnia, and China. Ultimately, the Assistant US Attorney agreed to extend an offer which included 1 year in prison.

Mr. T was ultimately charged with Felony Conspiracy to Commit Money Laundering, per 18 U.S.C. 1956(h); Conspiracy to Distribute a Controlled Substance – 5kg of Steroids/383,000 Dosage Units, per 21 U.S.C. 846; Felony Conspiracy to Import Controlled Substances, per 21 U.S.C. 963; and a Forfeiture Action was filed regarding $175,00 in cash and a Toyota Prius, per 18 U.S.C. 981, 21 U.S.C 853 and 881, and 28 U.S.C. 2461(c). At the time of Sentencing, we were able to present significant mitigation to the Judge and have the sentence reduced to a mere 7 months. In addition, at the Forfeiture Proceedings involving this case, the amount was reduced from $175,000 down to $25,000, thereby saving Mr. T approximately $150,000 of his money. Potentially, Mr. T could have spent well over a decade in prison if there had been no mitigation and cooperation proffered in his case.

Approximately 3 years before ms. S hired our firm, she had been arrested while driving her vehicle. The police gave her a preliminary breath test which revealed no alcohol in her system. When ms. S refused to do field sobriety test’s, they arrested her and searched her vehicle. They found a tylenol bottle which contained various prescription drugs inside. They then charged her with dui drugs and possession of dangerous prescription drugs.

It was later shown that she did not have any impairing quantities of the drugs in her system while she was driving. In addition, she did have prescriptions for all of the medication found in her possession. At that time, the prosecutor agreed to dismiss all charges “in the interest of justice”. However, this arrest still appeared on her record and was causing her problems with employment. She then hired us to have her arrest record cleared by way of a “notation on the record”. We were able to explain to the judge all of the proceeding facts, and he agreed with our motion argument, and issued a “notation of cleared person on the record.” this resulted in cleaning up her arrest record, and that prior arrest no longer appears when employers run background checks regarding ms. S.

RICO/ILLEGAL CONTROL of an ENTERPRISE; ASSISTING a CRIMINAL SYNDICATE; CONSPIRACY to COMMIT POSSESSION of MARIJUANA for SALE and USE of a WIRE COMMUNICATION in a DRUG RELATED TRANSACTION: ALL REDUCED to FACILITATION to COMMIT TRANSPORTATION of MARIJUANA for SALE with PROBATION and ZERO ADDITIONAL DAYS in JAIL. – State v. Mr. M (DMC No. 9464) (Maricopa County Superior Court CR 2010-005410): Mr. M was employed as a UPS driver and had become involved with 22 other co-defendants who were shipping Marijuana via UPS. After all defendants were arrested, Mr. M was charged with Assisting a Criminal Syndicate under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show that Mr. M was a very minor player who received low compensation for being involved in this Criminal Syndicate. Because he was not the “King Pin”, we were able to negotiate a deal which reduced all charges to the lowest level Felony of “Facilitation” which included Probation and zero additional days in Jail. If Mr. M were to have been convicted of all charges, he could have potentially spent the rest of his life in Prison.

RICO/ILLEGAL CONTROL of an ENTERPRISE; CONSPIRACY; 2 COUNTS PRODUCTION of MARIJUANA (59 Plants) and POSSESSION of MARIJUANA for SALE: ALL REDUCED to ATTEMPTED POSSESSION of MARIJUANA for SALE with PROBATION and ZERO DAYS in JAIL – State v. Ms. M (DMC No. 9458) (Maricopa County Superior Court CR 2009-006134): Ms. M and 3 male codefendants were all living in a residence which maintained a Hydroponic growing facility which produced Marijuana. Officers had responded to a call of a strong odor of Marijuana coming from the residence, and after speaking with the residents a search warrant was issued. Eventually, 59 plants were found along with various Marijuana growing equipment that was valued at over $60,000. She was then charged under the Arizona RICO (Racketeering Influenced Corrupt Organization Act). We were able to show the Assistant Arizona Attorney General that Ms. M was far less involved than the other co-defendants, and therefore she deserved an offer which included Probation with the ability to argue for zero days in Jail. At sentencing, the co-defendants were given 1 year in Jail, and Ms. M was awarded zero days in Jail. Originally she had been facing mandatory Prison time.

 

REDUCED | POSSESSION of MARIJUANA for SALE, USE of a WIRE in DRUG TRANSACTION and POSSESSION of DRUG PARAPHERNALIA REDUCED to FACILITATION/SOLICITATION class 6 open/misdemeanor with 4 MONTHS PROBATION and ZERO DAYS in JAIL – State v. Mr. A. (DMC No. 11048) (Maricopa County Superior Court CR2011-163521): Mr. A. and his roommate were being surveilled by undercover police officers for allegedly selling marijuana.  Eventually, a raid on the apartment occurred and marijuana and drug paraphernalia were found throughout the apartment.  Mr. A. was also charged with using a cell phone in drug sales.  Were able to convince the Prosecutor to reduce his charges down to a simple Facilitation and Solicitation with a class 6 “open”, which was designated as a misdemeanor immediately at sentencing.

NOT CHARGED | FEDERAL TRANSPORTATION of  DRUGS FOR SALE/CONSPIRACY NOT CHARGED – State v. Mr. S. (DMC No. 6762) (DEA Investigated): Mr. S. was in a fraternity and he drove with a fraternity brother towards L.A.  He was stopped in Arizona, and a quarter pound of marijuana, cocaine, and 200 pills of ecstasy were found in the vehicle.   His fraternity brother was taken into jail, and Mr. S. was released.  We were able to enter into cooperation deal with the DEA Investigator and no charges were ever brought against Mr. S.

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