Federal grand jury returns indictments

PLANO, TX—U.S. Attorney John M. Bales announced that a federal grand jury returned indictments on July 8, 2009, charging multiple individuals in separate cases of federal violations in the Eastern District of Texas.

TRAVIS HUNTER BLANK, 32, of Plano, Texas, has been charged transporting child pornography using the internet and possession of child pornography. If convicted, Blank faces up to 20 years in federal prison.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

This case is being investigated by the Plano Police Department, the Collin County Sheriff's Office, and U.S. Immigration and Customs Enforcement and is being prosecuted by Assistant U.S. Attorney Mandy Griffith.

ANMOL KUMAR NAGPAL, 20, and ANUPAM KUMAR NAGPAL, 34, both of India, have been charged with conspiring to unlawfully transfer identification documents. If convicted, they each face up to 15 years in federal prison.

According to the indictment, the Nagpal brothers conspired and attempted to transfer false identification documents, specifically Texas Driver's Licenses, knowing that these documents were illegally produced.

This case is being investigated by the U.S. Department of Homeland Security and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

JAMES ELBY ROGERS, 47, of Howe, Texas, has been charged with two counts of firearms violations relating to his possession and making of a pipe bomb. If convicted, Rogers could face up to 10 years in federal prison. According to the indictment, in March 2009, a destructive device, commonly referred to as a pipe bomb, was discovered at the residence where Rogers had been staying. The Denton County Bomb Squad safely removed and detonated the device without incident.

This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Grayson County Sheriff's Office and is being prosecuted by Special Assistant U.S. Attorney Charles E. Roy.

KEITHA KAY CARSON, 28, of Denton, Texas, and KENT RUSSELL GIPSON, 35, of Gainsville, Texas, have been charged with counterfeiting and forging obligations of the United States and aiding and abetting. If convicted, they each face up to 20 years in federal prison.

This case is being investigated by the U.S. Secret Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

CHRISTOPHER PAUL RUNGE, 37, of Denton, Texas, has been charged with possession of counterfeit obligations of the United States. If convicted, he faces up to 20 years in federal prison.

This case is being investigated by the U.S. Secret Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

MICHAEL CHARLES PURCELL, 40, of the Colony, Texas, has been charged with using an unauthorized access device. According to the indictment, from Mar. 3 to Mar. 24, 2008, Purcell used an unauthorized MasterCard debit card to obtain goods or merchandise in excess of $1,000. If convicted, he faces up to 10 years in federal prison.

This case is being investigated by the U.S. Postal Inspection Service and prosecuted by Assistant U.S. Attorney M. Andrew Stover.

FEDERICO DIAZ-MONDRAGON, 36, of Mexico, has been indicted for illegal re-entry of a deported alien. According to the indictment, on Oct. 16, 2008, Denton County officials noticed federal authorities that the defendant was in custody on a local warrant. If convicted, Diaz-Mondragon faces up to 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Kevin D. Collins.

JAVIER COLLAZO-MEDRANO, 40, of Mexico, has been indicted for illegal reentry of a deported alien. According to the indictment, on June 2, 2009, the Cooke County Sheriff's Office notified federal authorities that the defendant was in custody on a local warrant. If convicted, he faces up 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

ROBERTO RODRIGUEZ-VEGA, 47, of Mexico, has been indicted for illegal reentry of a deported alien. According to the indictment, on June 22, 2009, the Denton County Sheriff's Office notified federal authorities that the defendant was in custody on a local warrant. If convicted, he faces up 20 years in federal prison.

This case is being investigated by U.S. Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Richard J. Johnson.

It is important to note that an indictment should not be considered as evidence of guilt and that all persons charged with a crime are presumed innocent until proven guilty beyond a reasonable doubt.

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Plano man sentenced for fraud scheme

PLANO, TX – U.S. Attorney John M. Bales announced that a 46-year-old Plano, Texas man has been sentenced to federal prison for his role in a fraud scheme in the Eastern District of Texas.

U.S. Attorney Bales said, “Blair’s unconscionable acts of thievery are now punished! Now, our goal will be to recover the stolen money for the parishioners of the church who had entrusted Blair with the church finances. The one thing that is difficult for the victims to recover is their trust in others in the future, all because of the appalling deceit and fraud of Blair.”

DONALD PATRICK BLAIR pleaded guilty to an Information in March 2009, charging him with mail fraud and making false statements on his tax returns and was sentenced to 24 months in federal prison today by U.S. District Judge Marcia Crone. Blair was also ordered to pay restitution in the amount of $1.5 million.

According to information presented in court, between 2000 and 2007, Blair served as the business administrator for a local church in Carrollton, Texas. During this time, he embezzled more than $1.2 million from the church by diverting these funds to his personal expenditures. In connection with his scheme to defraud, Blair understated the amounts of his taxable income for tax years 2001 through 2006, thereby owing an additional $262,663 in taxes. The amount of restitution includes the amount stole from the church and the amount owed to the government for taxes.

Mike Lahey, Special Agent in Charge, Internal Revenue Service, Criminal Investigations Dallas Field Office, highlighted the importance of the prosecution, "Like many other illegal activities, embezzlement is a crime that not only runs the risk of being punished for the underlying crime, but also for the subsequent tax evasion that most criminals commit in trying to hide their criminal acts."

Blair was ordered to surrender to the U.S. Marshal's Service on Sep. 7, 2009, to be transported to federal prison and begin serving his sentence.

This case was investigated by the Internal Revenue Service and was prosecuted by Assistant U.S. Attorney Shamoil T. Shipchandler.

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McKenna files claim against Rent-A-Center

SEATTLE (Legal Newsline) - Washington Attorney General Rob McKenna on Friday filed a lawsuit against Rent-A-Center for alleged consumer harassment and deceptive debt collection practices.

McKenna said Rent-A-Center has violated the state's Consumer Protection Act and Lease Purchase Agreements Act by repeatedly harassing consumers over the telephone, using profanity, showing up to customer's residence and claiming a false court order.

According to a sworn statement by Carol Hammons, a customer of Rent-A-Center, company employees showed up to her home and refused to leave after being warned.

The employees then distributed personal information about her family to other residents of the neighborhood.

In another sworn statement, a consumer alleged the company made repeated phone calls to the customer's home using profanity and threatening language. He said employees later arrived at his home and tried to kick his door in.

"While companies certainly have the right to collect on outstanding debts, state law, along with the most basic standards of common courtesy, dictate how companies may collect on those debts," McKenna said.

"Attempting to kick doors down, calling the debtor's friends and relatives, and scaring their children aren't included in those basic standards."

According to the complaint, Rent-A-Center has allegedly harassed consumers with repeated phone calls at home and work, repeated collection to third parties such as friends and relatives, used profanity while attempting to collect unpaid debt, pounded on consumers doors, revealed personal consumer information to third parties, using false threats of criminal arrest and claiming to have a court order when they did not.

McKenna said his office has also asked the court to force Rent-A-Center to hand over all documents outlining its collection practices and to stop engaging in unlawful conduct.

Texas-based Rent-A-Center has 50 stores located in Washington.

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Crusade Against Illegal Immigration Thwarts DWI Prosecution

RALEIGH, N.C. -- A Wake County District Court Judge dismissed DWI charges against Stephanie Smith on Friday, June 19, 2009 after the Defendant prevailed on a Motion to Dismiss. David J. Ward, Esq., attorney for the Defendant, contended that the continued detention of Ms. Smith subsequent to her breath test was illegal under North Carolina Law.

Ms. Smith was arrested on November 26, 2008 and taken to the police station so that she could submit to a breath alcohol test. Under North Carolina Law, when an individual is arrested for a DWI, an individual is not permitted to be detained any longer than necessary for a magistrate to make a determination of probable cause absent additional facts justifying a prolonged detention. Ms. Smith was detained for approximately 4 hours subsequent to her breath test.

The State contended that Ms. Smith’s prolonged detention was justifiable due to the Wake County Jail’s “287(g)” program. By implementing a 287(g) program, the Wake County Sheriff’s Office has certain Detention Deputies trained by Immigration and Customs Enforcement to detect and detain illegal aliens. The Deputies in charge of the 287(g) program in Wake County detained Ms. Smith in order to determine her citizenship status. The Court ruled that the case should be dismissed because Ms. Smith was a natural born United States Citizen.

David Ward, attorney for Ms. Smith stated “The illegal detention of Ms. Smith came at a crucial time when she could have gathered evidence in her own defense. Any time public sentiment results in reactionary programs like the 287(g) Program, there are always going to be unintended consequences. As long as Counties in North Carolina continue to participate in programs that result in the illegal detention of US citizens, we are going to see more cases like Ms. Smith’s.”

ABOUT DAVID WARD: David J. Ward is a criminal defense attorney in Raleigh, North Carolina. Mr. Ward is the current president of the Wake County Academy of Criminal Trial Lawyers. The Ward Law Firm handles misdemeanor and felony criminal defense matters in Wake, Durham, Orange and Chatham Counties. More information on the firm and attorneys can be found at www.WardLawFirmNC.com.

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Lawyer missing amid charges for tampering with DWI cases

RALEIGH – A Johnston County lawyer who faces charges of tampering with dozens of DWI cases is missing. Family members of Chad Lee said no one has seen or heard from him since June 25.

Lee’s truck was last seen at the Holiday Inn in Duplin County.

The family filed a missing persons case earlier this week. Detectives said they’ll go through credit card charges and cell phone records hoping to find lee’s whereabouts.

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