Drug Kingpin Pleads Guilty to Drug Trafficking In NYC

A Canadian Drug Kingpin Pleads Guilty to Drug Trafficking In NYC and Gets 20 Year Mandatory Minimum Sentence

Jimmy “Cosmo” Cournoyer, 33, a native of Quebec, Canada faces a mandatory 20 years in prison after a plea agreement was reached with Brooklyn federal prosecutors last week in New York. Cournoyer was one of New York City’s biggest marijuana traffickers, and had alliances with New York’s Bonnano crime family, the Hell’s Angels, Mexico’s Sinaloa cartel, and two more organized crime organizations in Montreal. Cournoyer’s trafficking scheme operated by growing high quality marijuana in British Columbia, transporting it to Quebec, and then across the border into the U.S. The proceeds from the New York marijuana sales were then flown in private jets from New York to California, where the cash was smuggled into Mexico to purchase cocaine from the Sinaloa cartel.

At a hearing in New York last week, Cournoyer’s defense attorney discussed options with his client for 20 minutes before deciding to go forward with the plea.

To read more about Cournoyer’s illicit activities and the New York hearing, please click on the following link:

http://www.nypost.com/p/news/local/brooklyn/french_canadian_drug_kingpin_pleads_yc0mujvl8BDyUPB31eVBvN

If you find yourself accused of a drug trafficking or narcotics offense, call the Law Offices of John L. Calcagni, III to learn about your options. Mr. Calcagni is an experienced federal criminal defense attorney serving Rhode Island, Massachusetts, New York, Connecticut and Florida

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters.

John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case or visit our website at www,CalcagniLaw.com

If you cannot make it to one of our offices, we will to come to your home or detention center.

RI Prisoner Charged in Inmate Attack

If you have been charged with a felony crime in RI and need legal assistance, contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 or visit the website for more information.

Convicted murderer charged with attack
Police say he stabbed fellow inmate in neck

By Bill Tomison

CRANSTON, R.I. (WPRI) - A convicted Westerly murderer, serving life plus thirty-six years, is facing new charges of attacking one of his fellow inmates while behind bars.

Victor Semidey was convicted in 2003 of shooting in the head and killing his girlfriend Tammy Chan as her teenage son watched. Now, he's charged with assault with intent to commit murder.

Rhode Island State Police say he got into a dispute with another inmate at the Adult Correctional Institutions high security building. He then plotted to attack the inmate by taking two pens, taping them together and stabbing the other inmate in the neck on Saturday.

The inmate got superficial wounds and was treated at Rhode Island Hospital. Officials aren't naming him.

Judge Pamela Woodcock-Pfeiffer ordered Semidey to have no contact with his victim.

At his murder trial, Semidey was a controversial figure, giving offensive signs to news cameras with both hands: "You got that?" he barked at photographers. He also freely admitted to killing Chan, with no signs of remorse in court.

Before that conviction, he'd had previous domestic violence convictions, as well as a conviction for slamming a man's head on a sidewalk.

Federal Criminal Attorney Defends Cocaine Trafficking Case in RI

If you are being charged with a Federal Criminal Offense, contact Criminal Defense Attorney John L. Calcagni now at (401) 351-5100

Federal Defendant Receives Below-Guidelines Range Sentence in Cocaine Trafficking Case.

Local police, in conjunction with the U.S. Drug Enforcement Agency, conducted a long term undercover investigation into a local cocaine trafficking organization. The investigation transpired over the course of several months and relied primarily upon surveillance; confidential informants; and a series of controlled narcotics purchases. Investigators learned that the organization had two main members: the leader and his designated deliveryman.

Investigators further learned that the men worked from two stash houses and utilized designated motor vehicles with secret compartments to hide and transport cocaine from their supplier; to and from the stash houses; and ultimately to the organization's customers. After a few months into the investigation, law enforcement officers received credible information to believe that the drug trafficking organization was going to receive a large cocaine shipment. Based on this information, investigators stepped up their investigative efforts and ultimately arrested the organization's leader and deliveryman, raided their homes and executed search warrants on thereon as well as the two stash houses.

The leader was arrested inside his home. A subsequent search of his apartment led to the discovery of a safe containing a .45 caliber pistol, nearly $14,000.00 in cash and a drug ledger. The stash home from which the leader operated yielded the discovery of approximately 1.2 kilograms of cocaine contained in various-sized individually wrapped bags and miscellaneous cocaine trafficking materials such as mixing agents, grinders, gloves, strainers, masks and cut-off plastic bags. The deliveryman was also arrested following a traffic stop.

A subsequent search of his vehicle led to the discovery of a secret compartment that contained quantities of cocaine and cash. The cocaine was comprised of 61 individually wrapped bags totaling approximately 183 grams. Both men were arrested without incident and subsequently charged with drug-related offenses. The men were thereafter charged federally by the U.S. Attorney's Office with forming a cocaine distribution conspiracy, as well as possessing with the intent to deliver cocaine.

Attorney Calcagni represented the deliveryman who was charged with two-count information that alleged: conspiracy to possess with the intent to distribute cocaine and actual possession with the intent to distribute cocaine. The deliveryman had no prior arrest record. This was his first offense. However, the evidence against him regarding these charges was overwhelming.

Investigators conducted a series of controlled drug purchases from the deliveryman as well as extensive surveillance. The crimes charged carried a mandatory minimum jail sentence of 5 years and a maximum potential sentence of 40 years. Based on the strength of the government’s evidence and potential punishment if convicted at trial, the deliveryman chose to plead guilty.

When a defendant in the federal criminal justice system decides to plead guilty, his lawyer's focus turns away from defending against the charged offenses and to minimizing the sentence to be imposed. Unlike the state system where defendants agree to plead guilty in exchange for a known sentence, there are no such guarantees in Federal court. In the federal system, sentences are a function of two main factors: the minimum and maximum penalties set forth by the criminal statute the defendant has violated, and an elaborate points system referred to as the sentencing guidelines. The sentencing guidelines factor in a defendant's criminal history and seriousness and nature of his offense to assign the defendant a numerical value or number of points which correlates to an advisory sentencing guidelines range. This range is considered by the federal courts, along with a defendant's personal characteristics and purposes for punishment set forth by the law, when imposing sentence.

In the case of Attorney Calcagni's deliveryman client, the defendant had no criminal history. He also pleaded guilty to possessing with intent to distribute cocaine and conspiring to do the same involving cocaine quantities of more than 500 grams, but less than 2 kilograms. These facts gave him a sentencing guidelines range of 37 to 46 months in jail. In an effort to further reduce the man's sentence, Attorney Calcagni interviewed his client's family both in the United States and the Dominican Republic where the man was born and raised. Attorney Calcagni specifically traveled to the DR to meet his client's mother, wife and children, as well as his other relatives.

This trip enabled Attorney Calcagni to document the family's poverty stricken living conditions, as well as to come face to face with the deliveryman's loved ones whom he struggled to financially support. Attorney Calcagni documented his efforts with photographs and handwritten statements from his client's family that he presented to the court for consideration at the deliveryman's sentencing. Attorney Calcagni also focused on his client's legal U.S. Residency at the time of his offenses, and how after serving his jail sentence, the client faced deportation as a collateral consequence of his crimes, and would be forever barred from visiting or otherwise returning to the United States.

At sentencing, Attorney Calcagni argued that his client be afforded a second chance. He highlighted that the deliveryman was both a first time and last time offender who had already learned harsh lessons from his criminal behavior. He further argued that his client, a college educated, smart man, made a very stupid decision to traffic in drugs. However, though inexcusable, his actions were motivated, not by greed, but by survival for himself and his extended family, both here and abroad who suffered under poverty stricken circumstances, because the deliveryman, who after immigrating to the United States, had found little to no job opportunities due, in part, to his lack of job skills and inability to speak English.

Based on these collective factors, Attorney Calcagni successfully persuaded the Court to deviate from the advisory guidelines range of 37 to 46 months by sentencing the man to 30 months. This outcome is considered a great victory for the defense, which includes both Attorney Calcagni and his grateful client.

Massachusetts Firearm Identification Card

 

The Massachusetts Firearm Identification Card (FID) is a requirement based on gun policy changes which were part of the Massachusetts Gun Control Act which went into affect June 1, 1998. As part of the new set of Massachusetts firearm requirements all new firearm license applicants must complete a certified firearms safety course or Basic Hunter Education Course. These courses provide one of two FID cards with varying requirements. A class “A" license to carry permits the purchase, possession and carrying of all ammunition, handguns, rifles, shotguns and feeding devices and in addition, permits the holder to carry a concealed firearm. The class "B" permits the purchase, possession and carrying of all ammunition, non-large capacity handguns, and all rifles and shotguns but does not allow the holder to carry a concealed firearm under any circumstances.

The requirements for obtaining a Massachusetts FID card consist of: being at least 18 years old (15-17 with parental consent), and completing a Massachusetts approved firearms safety course or basic hunter education course. The license is valid for a total of 6 years, after which applicants must reapply but are not required to attend the safety course. A restricted FID card is also available specifically for the possession of mace or pepper spray, which also does not require the firearm safety course. Massachusetts has strict penalties for being caught with an unlicensed firearm, and lawbreakers may even be subject to a 90 day sentence that extends to possession of ammunition.

Medicare Fraud Case Decided by US District Court

RI Criminal Attorney Calcagni reports on the following case results for a criminal fraud defense client.


FACTS:
A pharmacist was charged in U.S. District Court with two counts of Conspiracy to Commit Medicare/Medicaid Fraud. The government alleged that the pharmacist conspired with patients to purchase their prescription slips for narcotic and other expensive medications.

The pharmacist did not fill these prescriptions, but instead, accepted the slips in exchange for cash. He then used the slips to support billing requests he submitted to Medicare/Medicaid to receive payment for prescribed medications that were never dispensed.

The government charges that the pharmacist engaged in this fraud scheme with multiple patients over a prolonged period during which he defrauded the United States and Medicare/Medicaid Programs out of approximately $150,000.00.

The pharmacist remained in pretrial custody for nearly 8 months while his case was pending. Prior to being charged, he spent 6 months in ICE custody due to an order that he be deported from the United States because his Green Card had expired.

POTENTIAL SENTENCE:
The pharmacist pled guilty to this misconduct and entered into a plea agreement with the government that provided for a sentencing range of 18-24 months. Notwithstanding, he still faced a maximum potential punishment of 10 years in jail; 3 years of supervised release, a fine of up to $250,000.00 and restitution of $150,000.00.

ARGUMENT:
A carefully prepared statement for the pharmacist’s sentencing presented the extenuating and mitigating factors of family; economic oppression, loss of pharmacy license, business and assets; life circumstances, and other factors to the sentencing judge.

Attorney Calcagni submitted these matters in support of his sentencing recommendation on the pharmacist’s behalf that he be sentenced to the time served in pretrial custody. Both the government, who sought a sentence of 19 months; and the U.S. Probation Department, who sought a sentence in the range of 3 years; opposed this request.

At the time of sentencing, the Court approved Attorney Calcagni’s sentencing recommendation. The pharmacist was sentenced to time served; no fine; and restitution in the approximate amount of $150,000.00.

SENTENCE:
Medicare/Medicaid Fraud: Time Served.




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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Lie to FBI Gets Massachusetts Man Two Years In Jail

MA and Federal Criminal Defense Attorney Calcagni posts the following article regarding a MA individual involved in a mortgage fraud and lying case.

In an attempt to garner sympathy from his wife and family over mismanaged financials, a Massachusetts man lied to the FBI regarding his involvement in a Hanover MA mortgage fraud scheme. The United States District Court Judge was not amused and sentenced Paul Plahn of Taunton to two years in prison for his fraudulent statements about his alleged involvement in a sting operation with the MA State Police and mortgage fraud investigators. The full article follows below.


Massachusetts Man Sentenced for Lying to the FBI

BOSTON, MA—A former Hanover man was sentenced today in federal court to two years' probation for making false statements to a federal agency about his supposed victimization in a mortgage fraud scheme. PAUL L PLAHN, 43, of Taunton, was sentenced by United States District Judge Patti B Saris to two years of probation. On June 23, 2010, he pleaded guilty to one count of making materially false statements to a federal agency. Plahn had developed an elaborate scheme to deceive his wife and extended family about their deteriorating financial status and avoid losing their Hanover house in foreclosure.

In April 2008, Plahn told an agent from the Federal Bureau of Investigation that he was a victim of unscrupulous mortgage lenders and foreclosure rescue services. Among other things, Plahn told the agent that he was assisting in a “sting” operation being conducted by the Massachusetts State Police investigating mortgage fraud and provided the agent with a letter on State Police letterhead thanking Plahn for his efforts. In fact, there was no sting operation and Plahn had fabricated the letter. United States Attorney Carmen M Ortiz, Richard DesLaureiers, Special Agent in Charge of the Federal Bureau of Investigation - Boston Field Office and Hanover Police Chief Walter Sweeney announced the sentencing today.

It is being prosecuted by Assistant United States Attorney Sandra S Bower of Ortiz’s Economic Crimes Unit.



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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Federal Felony Lasering Commercial Aircraft Terrorist Activity

Federal Criminal Defense Attorney Calcagni posts the following article regarding the lasering of a commercial aircraft by a RI man. A Federal Criminal offense, the penalty if convicted of this terrorist-like criminal activity carries a sentence of 20 years imprisonment and a fine of $250,000 per charge.

The full article follows below.


Rhode Island Man Indicted For Lasering Airborne Commercial Aircraft
By Bill Goldston

September 24, 2010 - Joseph Aquino, 31, of Warwick, R.I., was indicted by a federal grand jury and arraigned Wednesday in U.S. District Court in Providence on charges of willfully interfering with the safe operation of an airborne commercial aircraft and endangering the safety of the passengers and crew.

Aquino was indicted on charges he interfered with the safe operation of an aircraft and endangered the passengers and crew on September 15, 2010, when he allegedly illuminated the cockpit of an incoming commercial flight on final approach to T.F. Green Airport with a laser light, momentarily blinding the pilot.

U.S. Attorney Peter Neronha was joined at a news conference today at T.F. Green State Airport by federal, state, and local law enforcement and aviation agencies; the U.S. Coast Guard; and a representative of the International Pilots Association to highlight the dramatic increase in the number of aircraft lasering incidents in Rhode Island, New England, and across the nation. They also addressed the cooperative efforts of federal, state and local law enforcement and aviation agencies and prosecutors to investigate these incidents, and arrest and prosecute those responsible.



According to figures provided by the FBI, in 2008, approximately 1,000 instances of lasering aircraft were reported nationwide. In comparison, through August of this year, 1,700 incidents have occurred around the country. In Maine, Massachusetts, New Hampshire, and Rhode Island, 66 total incidents were reported from January of 2009 through August of this year. Seventeen of those were in Rhode Island.

At Thursday’s news conference, U.S. Attorney Peter F. Neronha said, “Let there be no mistake: We take these alleged violations of federal law very seriously. The safety of our nation’s airports, and everyone who flies in and out of them, is of critical importance. The type of conduct alleged here, as detailed in the affidavit filed in connection with the initial federal arrest of Mr. Aquino, is no joke. It is no harmless prank. It endangers lives, and unfortunately, there have been similar lasering incidents in this area and around the country.”

Richard DesLauriers, Special Agent in Charge of the FBI’s Boston Field Office added, "most often, lasers are pointed at aircraft during critical phases of flights—while they are at low altitude when taking off or preparing to land. Any brief distraction in the cockpit during this time can be catastrophic.


“Each time a laser is pointed at aircraft—military or civilian—the safety of the crew, passengers, and those on the ground is jeopardized. Given the potentially lethal consequences of lasering, our collective goal today is to educate the community that lasering is dangerous and illegal, and will be vigorously addressed by the law enforcement community."

Rhode Island State Police Superintendent Colonel Brendan P. Doherty told reporters, “This arrest and federal indictment should send a clear message that there will always be a cooperative effort between local, state and federal law enforcement to detect and arrest people who engage in this type of activity and who are a threat of public safety.”

Also in attendance at Thursday’s news conference were Leo D. Messier, Chief of the RI Airport Police; Joseph Salter, Federal Security Director, Department of Homeland Security – TSA R.I.; Barry Morgan, FAA Facility Manager - Providence Air Traffic Control Tower; Commander Paul Lattanzzi Chief of Prevention, U.S. Coast Guard - Southeastern New England; Warwick Police Chief Colonel Stephen M. McCartney; and Captain Thomas Walsh of the International Pilots Association, an international pilot for Delta Airlines.

Aquino pleaded not guilty at his arraignment and released on unsecured bond. If convicted, Aquino faces maximum sentences of 20 years’ imprisonment; three years' supervised release; and $250,000 fine on each count.


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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA Personal Injury, and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.