"Hero" or "Terrorist" Cuban Exile Luis Posada Carriles Feted in Miami Following Acquittal on 11 Counts; Deportation Sought by U.S. Government

Luis Posada Carriles was 30 years old at the time of the 1959 Cuban Revolution. He was sent to prison by the regime of Fidel Castro and subsequently sought asylum in Mexico. Posada then emigrated to the United States where he helped to organize President John F. Kennedy's and the CIA's failed 1961 Bay of Pigs invasion. He then returned to the U.S. where he became a 2nd Lieutenant in the U.S. Army and was active in the CIA's Operation 40--a guerilla force which operated covertly to overthrow the Castro regime. Posada also developed close ties to anti-Castro groups in the U.S., including the Cuban American National Foundation.

Eventually suspected by the CIA of alleged involvement in several bombing plots, Posada relocated to Venezuela in 1968. Carriles became a chief of operations for Venezuela's intelligence agencies. The CIA severed all ties with Posada in 1976, on suspicion that he was allegedly involved in cocaine trafficking. That same year, he was arrested in Venezuela for alleged involvement in the bombing of Cubana airlines flight 455, which killed all 73 people on board. He was acquitted in a trial in military court, however the verdict was overturned and Posada was retried in a civil court. He escaped from prison in Venezuela and sought asylum in Chile.

Posada was imprisoned in Chile until 1985, when he escaped from prison again, dressing as a priest. He fled to El Salvador, where he again became involved in U.S. activities in the region, helping to provide supplies to the Contra forces opposed to the Sandinista regime of Nicaragua for the administration of President Ronald Reagan. Following the Reagan administration, Posada became a security advisor to the Guatemalan government. He was shot in Guatemala City in 1990, upon information and belief by Cuban agents.

Posada was implicated in a series of bombings in Cuba in 1997 which killed a Canadian citizen and wounded 11 other people. He was arrested in Panama City in 2000 with 200 pounds of explosives which were allegedly to be used to assassinate Castro, who was to visit Panama for the first time since 1959. In 2004, Panamanian President Mireya Moscoso pardoned Posada and his alleged co-conspirators. Posada requested asylum in the United States in 2005, and he was detained by the Department of Homeland Security, which sought to deport him. He was released on bond in 2007, and was indicted on seven counts of alleged immigration fraud. In 2009, a grand jury in El Paso, Texas, issued a superseding indictment against Posada, charging him with 11 counts, including immigration fraud, obstruction of a terrorism investigation and terrorism charges relating to the 1997 Cuban bombings. As reported by the Miami Herald, Posada was tried in a 13 week trial in the Western District of Texas in 2010. The jury took 3 hours to find him not guilty on all charges. 

Last week, the 83 year-old Posada received a gala dinner in Miami by Cuban exile organizations including Alpha 66, intended to help defray his legal expenses. Posada's counsel stated that they believed that the jury was favorably disposed to Posada as a result of his military history. However, as a result of his 2004 Panamanian conviction, Posada is barred from seeking residency in the U.S. No other countries will accept Posada, however, besides Cuba and Venezuela, and the U.S. has refused to deport him to Cuba or Venezuela, citing concerns that he might be tortured. Venezuela has announced that it will re-file its petition to extradite Posada. Venezuelan President Hugo Chavez has called Posada the "biggest terrorist" on the continent, and Castro has denounced Posada as a "coward."

Six Indicted for Alleged Medicare Fraud in South Georgia; Augusta Man Indicted for Alleged Fraud from Federally-Funded Meals for Children Program

Federal criminal activity has been brisk in the Southern District of Georgia. First, six defendants were charged with conspiracy to defraud Medicare and money laundering, according to a press release from the U.S. Attorney's Office. The charges were the result of a nationwide investigation which included the Federal Bureau of Investigation (FBI), the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), and Immigration and Customs Enforcement (ICE) which has resulted in the arrests of more than 35 defendants across the country.

The government has alleged that, beginning in 2006, the defendants allegedly opened five sham medical clinics in Savannah, Macon and Brunswick, and allegedly stole the identities of physicians and Medicare beneficiaries. The defendants are alleged to have submitted over $4 million in false claims to Medicare for services which were allegedly never provided. Nationwide, the scheme is alleged to have cost Medicare $163 million. The Georgia defendants are also charged with allegedly laundering the proceeds through various shell corporations.

Later in the week, an Augusta man was indicted for allegedly defrauding a program which provided meals to low income children in the Savannah River area under the Federal Head Start program of tens of thousands of dollars.

 

Chief Justice John Roberts Issues Year-End Report on the Federal Judiciary; Judiciary "Operating Soundly"; New Criminal Cases at Highest Levels Since 1932

As the final hours of 2009 were running out on New Years' Eve, U.S. Supreme Court Chief Justice John Roberts issued the Chief Justice's Year-End Report on the Federal Judiciary, available here, a tradition begun by Chief Justice Warren Burger in 1970 to address the most critical needs of the federal judiciary. The Chief Justice has used the Year-End Report in the past to call for salary increases for federal judges. However, this year, the Report merely states that the federal courts are operating soundly, citing the hardships experienced by the nation in 2009.

The Appendix to the Report surveys the workload of the federal courts in 2009. It notes that the total number of cases filed in the Supreme Court decreased by about 6.1% from 2007 to 2008, however the Court hear more cases argued and issued more signed opinions in 2008 than 2007. Filings in the Federal Circuit Courts of Appeals also declined 6% to 57,740, mostly due to a drop in appeals from the Board of Immigration Appeals.

The Year-End Report notes, however, that criminal case filings in federal district courts rose 8% to 76,655, and the number of defendants climbed 6% to 97,982, surpassing the previous record for the number of defendants, 92,714, set in 2003, and reached its highest level since 1932. Filings relating to immigration, fraud, marijuana trafficking, and sex offenses increased. The number of mmigration cases and defendants reached record levels, as a result of illegal re-entries and visa or entry permit fraud. Most of the increase was in five federal districts near the southwestern border. The Report also observes that, as of September 30, 2009, the number of persons under post-conviction supervision was 124,183, an increase of 3% from the previous year. Supervised release cases and pretrial services cases also rose by several percent.

New State/Federal Secure I.D. Initiative IDs Identity Thieves... and Illegals

     In the ever-increasing cooperation between federal and state authorities, especially in the immigration sphere, Georgia Governor Sonny Perdue has authorized a Secure Identity Initiative, under which United States Immigration and Customs Enforcement, the Georgia Bureau of Investigation and the Georgia Department of Drivers Services combine resources to investigate identity theft offenses. The first person to fall in the Secure I.D. Initiative was Mr. Al Amin Patni, a Pakistani national, who was living in Marietta, Georgia. Mr. Al Patni was previously deported from the United States and subsequently re-entered the country. However, when Mr. Patni used another person's Social Security number to open a checking account, he was discovered in a joint investigation by ICE and GBI agents under the Initiative. Mr. Patni has been indicted in the United States District Court for the Northern District of Georgia for misuse of a Social Security number, aggravated identity theft and illegal reentry.

Hall County Sheriff Now Extension of U.S. Immigration and Customs Enforcement

The growing anti-illegal immigration movement is showing increasing effects in Georgia, with growing consequences for illegals arrested for crimes. The Hall County Sheriff’s Department has finally implemented a new program which will allow deputies to initiate deportation proceedings against illegals in custody. Hall County deputies have undergone a Bureau of Immigration and Customs Enforcement (ICE) training course. Section 287(g) of the Illegal Immigration Reform and Immigrant Responsibility Act authorizes the secretary of the United States Department of Homeland Security , pursuant to a Memorandum of Agreement (MOA), to enter into agreements with state and local law enforcement agencies, permitting designated officers to perform immigration law enforcement functions. ICE supervises all designated officers in the exercise of immigration enforcement. State and local agencies in more than a dozen states have entered into MOAs. Hall County joins Whitfield County and Cobb County as the only areas in Georgia which have entered into the 287(g) program so far.