Rhode Island White Collar Crime's Defense Attorney John E. MacDonald named Local Counsel in $10 Million bribery case

Rhode Island White Collar Defense Attorney John E. MacDonald named as the Local Counsel representing Rhode Island Defense Contractor and U.S. Navy personnel in a $10 Million bribery case. Details found below were reported in last weeks Providence Journal. 

R.I. Defense Firm Owner Out On Bond After Court Appearance

10:18 AM EST on Wednesday, February 16, 2011
By Katie Mulvaney, John E. Mulligan, and Tom Mooney


PROVIDENCE — Anjan Dutta-Gupta drove with his family by van from Georgia to face federal charges in Rhode Island that he doled out $10 million in bribes to secure Navy contracts for his Middletown company.

In his first appearance in U.S. District Court, in Rhode Island, Dutta-Gupta bowed his head slightly as he told U.S. Magistrate Judge Lincoln D. Almond Tuesday he understood the charge against him.

“I do, sir,” said Dutta-Gupta as his wife, two children and other family members looked on. The 58-year-old founder of Georgia-based Advanced Solutions for Tomorrow Inc. used headphones to assist his hearing. Heavyset with salt-and-pepper hair and a pronounced accent, Dutta-Gupta leaned in to speak with his lawyers John E. MacDonald and David M. Fragale, a Washington, D.C., attorney specializing in white-collar criminal defense.
Extra

Authorities arrested Dutta-Gupta on Feb. 6 in Atlanta as he returned from Chile. He is charged with bribing Ralph M. Mariano, a civilian program manager with the Naval Sea Systems Command, in a $10-million kickback scheme that authorities allege siphoned thousands of federal dollars to Dutta-Gupta, Mariano and Mariano’s family through a series of shell companies. Mariano, of Arlington, Va., who managed Advanced Solutions’ contracts with the Naval Undersea Warfare Center, in Newport, was also charged with bribery.

A federal magistrate in Georgia released Dutta-Gupta last week on a $25,000 unsecured bond. But Almond upped that sum Tuesday to a $50,000 unsecured bond, plus he must post $10,000 within a week.

Almond imposed the $10,000 bond, he said, in lieu of requiring Dutta-Gupta, of Roswell, Ga., to be monitored electronically and abide by a curfew, as Assistant U.S. Attorney Andrew Reich had asked. Almond restricted Dutta-Gupta’s travel to northern Georgia; Washington, D.C.; and Rhode Island. A native of Calcutta who is a naturalized U.S. citizen, Dutta-Gupta surrendered his passport.

Dutta-Gupta asked Almond if he would be violating the terms of his release by driving from Georgia to his Rhode Island court dates. Almond said he could stop briefly for food and gas but should not make long-term stops on his journeys without consulting court officials.

Dutta-Gupta founded Advanced Solutions in 1992, overseeing its growth as its Navy business increased. The firm worked on Navy research programs in Newport that included unmanned underwater vehicles and submarine command and control systems. The company is headquartered in Roswell, Ga., with offices in Middletown and Fairfax, Va.

Authorities say Dutta-Gupta and Mariano engineered a system of regular payments, largely for work never performed, to shell companies in a scheme dating to the late 1990s. A criminal complaint describes Mariano using his power as a senior Navy program official to steer contracts to Advanced Solutions.

Dutta-Gupta is accused of then channeling about $10 million, through companies he and associates controlled, to Mariano, his relatives and friends in return for his role in securing millions of dollars in Navy contracts for Dutta-Gupta’s firm.

Advanced Solutions was something of a family affair, according to the complaint, statements on the company’s website and other sources; Anjan’s wife, Indrani, was a company vice president.

The Dutta-Guptas and their children have been financial supporters of political campaigns. According to the Center for Responsive Politics, a Washington-based campaign finance monitor, the four family members have given an aggregate total of $48,512 to political campaigns over the years. But Anjan and Indrani Dutta-Gupta concentrated their political giving on members of the Rhode Island congressional delegation.

The younger Dutta-Guptas grew up in Georgia, where they ranked as award-winning scholars. Daughter Amrita Dutta-Gupta graduated from Vanderbilt University in 2003 and is listed as a fellow at the university’s management school.

A 2005 graduate of the University of Chicago, son Indivar Dutta-Gupta served as an $89,000-a-year staffer on the U.S. House Ways and Means Committee until last year. He joined the Center on Budget and Policy Priorities, a Washington think tank, this year. He is an expert on poverty issues.

Amrita, too, was president of Paramount Solutions, another defense contractor with offices in Middletown that did business with the Navy and Advanced Solutions. Like her father’s company, Paramount Solutions secured Navy work “earmarked” into a federal spending bill by Sen. Jack Reed, Democrat of Rhode Island.

Reed’s office said Tuesday that the senator secured a $1.6-million project that Paramount Solutions undertook jointly with the Naval Undersea Systems Command in Newport. That earmark, for work on submarine command-and-control systems, was in the 2008 appropriations bill. Amrita Dutta-Gupta was chief financial officer of the firm at the time, according to a company statement in which she thanked the senator for his assistance.

Reed spokesman Chip Unruh said the senator does not recall having met Amrita Dutta-Gupta.

Paramount Solutions was registered in Rhode Island in 2005 as a Georgia-based company “pursuing professional development services opportunities” with the state and the Navy. Amrita Dutta-Gupta was listed as president and vice president at the time. The directors include Wayne King of Bristol, who was in the news Monday as the acting chief of Advanced Solutions who informed its nearly 100 employees in Middletown that the company was closing its doors.

Paramount is tucked into a corner of a small, one-story office plaza along Aquidneck Avenue, less than two miles from Advanced Solutions for Tomorrow.

In total, Reed and former Rep. Patrick J. Kennedy secured more than $13 million in federal earmark money for Advanced Solutions projects. But Reed’s spokesman and a former top aide to Kennedy have said emphatically there appear to be no links between the money the lawmakers earmarked for the firm and the contracts detailed in the criminal papers as corrupted by Mariano and Dutta-Gupta.

There has been no suggestion of impropriety by Amrita Dutta-Gupta’s company or by the members of the state’s political delegation. It is not clear whether Amrita Dutta-Gupta is still associated with the firm.

A few former Advanced Solutions employees turned up Tuesday to witness Dutta-Gupta’s court appearance.

One, Richard Kulesh, stood in the cold outside the federal building waiting to face his old boss and watch him walk in.

“I want to see him go in … and I want the truth to come out,” said Kulesh, 37, of North Kingstown. “And if he’s done wrong, I want to see him to get his due.”

Kulesh described Dutta-Gupta as the kind of boss who made an effort to know the names of all, but “I had a lot of anger,” he said. His feelings moved to skepticism when he heard one of Dutta-Gupta’s lawyers say that the defendant, alleged to have skimmed more than $10 million from federal government contracts, had only $20,000 in cash.

“That’s really hard to believe,” he said. “I’m genuinely shocked by that. You could speculate all day about why.”

Dutta-Gupta “was a great guy if you can overlook this.”

Kulesh scoffed at his own suggestion.

He couldn’t.

KEY POINTS: Advanced Solutions for Tomorrow

STATUS: The company closed Monday; CEO Wayne M. King told employees in an e-mail that its assets had been frozen and efforts to find a buyer had failed. The closing followed the Feb. 6 arrest of company founder and owner Anjan Dutta-Gupta.

LOCATION: Had headquarters in Roswell, Ga., with offices in Washington and in Middletown, at the Aquidneck Corporate Park.

EMPLOYEES: Work force, about 160, has been laid off.

REVENUES: $30 million

BUSINESS: Provided information and technology services to government and private industry, including the Naval Undersea Warfare Center, in Newport. It had won contracts to develop submarine technology and underwater, unmanned vehicles for reconnaissance and combat missions. ASFT had 10 open contracts with the Navy, including the 3 largest, which total $128 million.

HISTORY: Founded by Anjan Dutta-Gupta in 1992 through a Department of Defense mentor program. The company expanded into Rhode Island in 1996 when it acquired Amtech, of Newport.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; ASFT Web pages, Zoominfo.com.

KEY PLAYER: Anjan Dutta-Gupta

AGE: 58

HOME: Roswell, Ga.

GROWING UP: Raised in Calcutta, India, son of a prominent banker from a large family.

EDUCATION: Undergraduate degree, University of Calcutta; master’s degree in business management from the Institute of Business Management, in Pakistan.

FAMILY: Married to Indrani Dutta-Gupta, former executive vice president of Advanced Solutions for Tomorrow; two children.

Sources: Affidavit of Patrick J. Hegart, special agent of U.S. Department of Defense, Criminal Investigative Service; article published by Indian-American author Kavitta Chibber

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Post-Conviction Relief Avoids Deportation

Post-Conviction Relief:  November, 2012.  

Client pled nolo contendere to conspiracy to violate the Uniform Controlled Substance Act in 2003 for a suspended sentence.

Client came to Attorney MacDonald to apply for citizenship.  Based upon this conviction, client was permanently barred from citizenship and subject to automatic deportation.

Post-conviction relief was filed and granted.

The original charge of conspiracy was amended to a non-removable offense allowing client to avoid the deportation and to apply for citizenship in the near future.

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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

Possession of Marijuana Case Results

Drug Possession Criminal Case Results

July 2012:

Clients charged with possession of marijuana by Rhode Island DEM authorities.

Case DISMISSED and EXPUNGED at the pre-trial stage
 
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If you have questions about this post or are interested in Criminal Defense, Divorce or Immigration Law in RI contact Rhode Island Criminal Defense Attorney John E. MacDonald at 401.421.1440.

To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

RI Family Court Restraining Order

The Rhode Island family court holds hearings for restraining orders that pertain to the following situations where Plaintiffs are seeking restraining orders against:

• a husband or wife or ex husband or ex-wife
• any biological family member or family member by marriage
• anyone with whom the Plaintiff has had children

The Rhode Island Family Court may also issue a restraining order for a Juvenile or against a Juvenile, or by a legal guardian on behalf of the juvenile against another parent.

The Rhode Island District Court handles retraining orders for Plaintiffs against former partners such as ex-boyfriends or ex-girlfriends with whom a substantial amount of time was spent in a relationship, but where no children of the parties were born.

Restraining orders issued by the RI Superior Court are intended to assist Plaintiffs with former friends, landlords, neighbors, and acquaintances.

Restraining Order vs No Contact Order

Restraining orders are often confused with what is called a "No contact order." A No Contact Order is an order that results from a criminal charge and can be applied not only by a court, but also by a police station. This order expires once a case has concluded in court provided the defendant is found ‘not guilty’.

If you need assistance with obtaining or defending against a restraining order, a RI criminal or family court attorney may be able to help. Contact John E. Macdonald at (401) 421-1440 for a free consultation or more information.


To learn more about John MacDonald, please visit his website at AggressiveLegalServices.com.

What is Post-Conviction Relief?

Post-Conviction Relief

The Post-conviction relief process is governed by various state and federal laws which essentially allow an eligible individual that has been convicted of a crime to have his or her sentence modified or even removed. This may include a new trial, or a change to the duration of a prison sentence, including elimination of sentence completely. Originally, the post-conviction relief process was intended as a partial replacement for habeas corpus, where a convicted individual's claims that his/her constitutional rights were violated are heard and answered.

Why it is important

One of many consequences that result from a criminal conviction is that of severe collateral damage to reputation, occupation, and damage to personal and social relationships. There is also a risk of being deported or even classified as a sex offender depending on the nature of the crime, and the residency status of the convict. In those times that an individual is found innocent of a crime after being convicted, he or she is eligible for Post-Conviction Relief.

Applying for Post-Conviction Relief

Entering into post-conviction relief involves submitting an application to the Superior Court where you will be able to present any legal arguments pertaining to your request. You will be solely responsible for bearing the burden of proving, by a preponderance of the evidence, that you are entitled to post conviction relief.The court will hear the testimony of any witnesses acting for or against you while also observing any documented evidence you submit.

The process of applying for Post-Conviction Relief is not by any means a simple one and requires the professional assistance of a qualified attorney. If you're applying for Post-Conviction Relief in the state of Rhode Island, please contact RI Criminal Defense Attorney John E. MacDonald now at (401) 421-1440 for a free consultation and more information.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Sexual Assault in Rhode Island

Sexual Assault in Rhode Island

Sexual Assault is a broad term used to describe a series of sex-related crimes which vary in severity as well as consequences. It is a crime that can happen anywhere, to anyone, and everyone should know what to do in the event they have been sexually assaulted. Sex crimes are among the most serious offenses, and often carry extremely severe sentences for both the victim and the offender. If you or anyone you know has recently been the victim of a sexual assault it is very important that they reach a safe area where medical treatment can be given and authorities can be alerted.

As with most violent crimes, there are degrees of sexual assault each with a corresponding penalty.

Degrees of sexual assault

The crime and penalty for sexual assault is defined by each individual state for which the crime occurs. Like most states, Rhode Island has broken it down into the following categories.

First degree sexual assault:

Any forced or coerced, penetration of the vagina, anus, or mouth by any part of the body or foreign object. If convicted, you may face anywhere from 10 years, to life in prison.

Second degree sexual assault:

Any kind of sexual contact that involves force or coercion, or is perpetrated on any victim that is deemed physically or mentally helpless, but does not involve penetration. If convicted, you may face anywhere from 3 to 15 years imprisonment.

Third degree sexual assault (Statutory Rape):

Any kind of sexual contact with a victim between the ages of 14 and 16, even without coercion or force, and involves penetration. If convicted you may face up to 5 years in prison.

First degree child molestation:

Any kind of sexual penetration involving a victim under the age of 14. If convicted you may face a minimum of 25 years, or a maximum of life in prison.

Second degree child molestation:

Any type of sexual contact with a victim under age of 14 but does not involve penetration. If convicted you may face a minimum of 6 years, and a maximum of 30 years in prison.

Failing to report sexual abuse:

Although it is not commonly known, it is a crime to withhold information regarding sexual abuse. If you or anyone you know is being, or has been sexually abused, you must report the crime to the authorities immediately. Failure to do so may result in a $500 fine and up to one year imprisonment.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Deferred Sentence Expungements in RI Client Testimonial

Expungement Testimonial for John MacDonald

“I took a 5 year deferred sentence back in 2005. In 2010 I thought my record was expunged as I was previously told it would be after the 5 years only to find out the RI court system had changed its ruling and I was potentially facing, having a record for the following 15 years. I spent the next 2 years trying to get my record expunged to no avail.

It was only when I came into contact with John Macdonald that things started to get better. I hired John and it was about as easy a process as I could imagine. It took about 3 months in total as he had told me and I didn’t even end up having to make a court appearance. I received a telephone call one afternoon only to hear Mr. Macdonald tell me that my record had been expunged.

It was probably the best phone call I think I’ve ever received. The process was quick and easy and almost exactly the way he had stated it was going to be.

Thank you John Macdonald for getting my life back on track!”- Matthew H.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Deferred Sentence Expungement Case Result

Attorney John MacDonald - Expungement Testimonial 

March 2012:

Client received a deferred sentence 7 years ago. He tried to expunge it but was told that that he must wait an additional ten years. 

Attorney MacDonald was retained to file post-conviction relief and vacate the plea. 

A post conviction relief petition was filed and after hearing, plea is vacated, charge dismissed and the matter sealed from his criminal history.

Client now has the clean criminal history he was promised when he agreed to the deferred sentence.

If you received a deferred sentence prior to 2011, contact Attorney MacDonald to explore your options.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Post Conviction Relief Client Testimonial

John MacDonald Client Testimonial - Post Conviction Relief

February, 2012:

Client was picked up by immigration authorities as a result of a 2000 felony assault conviction.

This conviction constituted an aggravated felony under immigration law and would result in her automatic deportation from the United States.

Attorney MacDonald filed post-conviction relief based upon a defect in the plea colloquy. The plea was vacated, the charge dismissed and immigration proceedings were terminated.

Here is the client’s testimonial:

“Mr. MacDonald, I would like to thank you for everything that you did for me and my family. You are my fairy godfather because of you I am still here with my family. Everything you promised I received and words cannot express how I feel about your firm. When it come to attorneys there is no other like you. Thank you!” ~ Joana
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

What to Expect If You are Charged With a Sexual Assault Crime

Rhode Island Sexual Assault

Regardless of whether or not you have committed a crime, being arrested is a very stressful and unsettling experience. Being charged with a sex crime is even more unsettling, as there are several possible outcomes that will have a seriously detrimental affect on you for the rest of your life.

Sexual assault is defined differently depending upon the state in which the charges are brought.

Generally, it encompasses any assault on another individual that is of a sexual nature, and that is done without consent.

What constitutes a sex assault is determined by the laws of the jurisdiction where the crime takes place. These crimes can include child sexual abuse, rape, attempted rape, incest, exhibitionism, voyeurism, obscene phone calls, fondling, and sexual harassment. The absence of consent is what defines sexual activity as an assault.

A guilty verdict for any form of sexual assault may result in serious fines, registration as a sexual offender, and possibly lengthy prison sentences depending upon the seriousness of the crime.
Immediately after charges are brought forward law enforcement will arrest you. You will be read your rights and handcuffed. There are few exceptions to being handcuffed, not even for the disabled or elderly. You will be searched and have any unauthorized items confiscated and placed in a property vault. It is important to note that any illegal items found in your possession will most certainly add to the charges against you.

You will be transported to the county jail where you will then be fingerprinted, photographed, and examined by a medical practitioner if necessary. Once this is over, you will be issued a jumpsuit, footwear, and escorted to a holding cell.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Providence Drug Crime Arrest Leads to Federal Conviction

The following news release by US Attorney for the District of RI Peter F. Neronha details the facts and ruling in a case involving a drug trafficking crime in Providence. 


U.S. Department of Justice
Peter F. Neronha
United States Attorney
District of Rhode Island
December 9, 2011

Armed Career Criminal Convicted on Federal Drug Trafficking & Firearms Charges; Faces up to Life in Federal Prison

PROVIDENCE, R.I. – A Providence man previously convicted of numerous crimes of violence including drug trafficking crimes was convicted on Thursday by a federal jury in Providence of trafficking heroin and crack cocaine, being in possession of a firearm in furtherance of drug trafficking and being a felon in possession of a firearm. Shelton Smalls, 42, faces up to life in federal prison when he is sentenced by U.S. District Court Chief Judge Mary M. Lisi on March 2, 2012.
Smalls’ conviction was announced by United States Attorney Peter F. Neronha and Providence Public Safety Commissioner Steven M. Pare.
According to testimony presented to the jury during a two-day trial, on April 26, 2011, detectives assigned to the Providence Police Department Narcotics and Organized Crime Bureau were conducting surveillance in a restaurant parking lot where drug dealing was believed to be prevalent. Detectives watched as a person sitting in a parked vehicle exited his vehicle and got into Smalls’ vehicle moments after Smalls arrived. In a meeting that lasted less than 30 seconds, detectives say they witnessed what they believed to be a drug transaction when Smalls provided what appeared to be small packets in exchange for cash.
Immediately after the transaction was completed, the person exited Smalls’ vehicle while placing the purchased items into a pants pocket. He then walked directly into the restaurant and into a restroom followed by an undercover detective. He voluntarily retrieved packets of heroin and crack cocaine that he had just purchased from Smalls from his pocket and turned them over to the detective. While he was being taken into custody, the arresting detective notified detectives outside the restaurant who then approached and placed Smalls into custody. Smalls later admitted to police that he had additional drugs stored at his residence.
Smalls voluntarily accompanied police to his residence where he provided access to an apartment where his wife and children were located and then into an upstairs apartment he was also using. In the upstairs apartment detectives discovered a .357 revolver and a .22 caliber handgun in a laundry basket; and then located heroin, crack cocaine, $1,300 in cash and assorted drug trafficking supplies in a safe to which Smalls also provided access. Detectives had already seized $853 in cash from Small’s pockets.
The case was prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan and Leslie J. Kane.
The matter was investigated by the Providence Police Department with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Human Sex Trafficking in RI

RI Targets Human Trafficking

October 24, 2011
By JIM BARON

PROVIDENCE — Like any other commodity, sex would not be sold if there was no one to buy it.
That’s why the RI Coalition Against Human Trafficking (RICAHT) is pointing an accusatory finger at men who patronize prostitutes as the real source of suffering and degradation.
There is a cause and effect relationship, the group says, between men paying for commercial sex acts and traffickers exploiting victims. There is a cause and effect relationship, they add, between an man purchasing a sex act from an 18, 25 or 35-year-old “and a pimp who stakes out a neighborhood, ready to prey upon the next runaway he can coerce into prostitution in exchange for food and a place to stay.”
RICAHT is launching a “Time to End the Demand” campaign focused on convincing, cajoling and shaming “johns.” From now until the end of the year, 16 RIPTA buses will carry large “Dear John” ads on their sides as they roll down Rhode Island roads. The ads will feature photographs of Lt. Gov. Elizabeth Roberts, Attorney General Peter Kilmartin, Providence Sen. Rhoda Perry and Laura Pisaturo, former director of advocacy and legal services for Day One, the sexual assault and trauma resource center in Providence, and a message to johns about the implications of their activities.
“Without you and your cash, sex trafficking would not exist,” some of the bus messages read.
RICAHT is spending about $7,000 on the campaign.
At a Statehouse press conference Monday, RICAHT Chairwoman Tammy Dudman read one of the messages aloud, telling johns “you are the reason why pimps and traffickers are inspired to find younger girls – that’s right, younger girls. The average age of entry into prostitution is 13, with pimps preying on their victims within 48 hours of a child running away from home.”
“I firmly believe this a generational quest,” Dudman said. “Without educating the next generation to the myths around prostitution and sex trafficking, we won’t be able to end this.”
Dudman called Roberts “a critical partner in combating the crime of sex trafficking in our state.”
Roberts congratulated RICAHT “for getting this really blunt and really direct message out there in a very public way.
“These are pretty bold and direct messages, and I’m proud one of them comes from me” Roberts said, “This is about saying we don’t need to be prosecuting the victims of sex trafficking, we need to be stopping the perpetrators.”
“These are daughters, these are mothers, these are real people and you are victimizing them when you take your cash out to purchase sex from one of them.”
Kilmartin, lauded as the first RI attorney general to prosecute and imprison sex traffickers, declared, “I like this message. You know what? We’re not going to focus on the victim, the woman or in some cases the child who’s been put out on the street for prostitution purposes. We’re going to focus on the purchaser who really provides the demand factor that makes this possible. We’re going to emphasize that you are part of this problem as much as the pimp.
Our office will gladly prosecute you as well as the pimp because you’re the two big parts of this problem. We’re going to fight you with every means we have under the law.”
Perry, who sponsored the state’s first sex trafficking law, as well as follow-up legislation, said, “Human trafficking, especially young women, exists because there is money in it. It persists because there is a market for it.
“Disrupting this demand, as well as punishing the suppliers and users is essential,” she said. “The focus should surely be on the issue of demand; we need to get this cruel industry out of Rhode Island once and for all.
Perry said education is a key part of the solution, “Education by mothers, by wives, by sisters, by lovers and by friends. We have to educate our men so they know that seeking sex from a trafficked woman is not appropriate and they should not do that.”
“John is a highly sanitized term,” Pisaturo told reporters. “Because men who buy sex from minors are abusers and child molesters. Zero tolerance for johns and pimps and traffickers is overdue.”
Kilmartin acknowledged that police departments have occasionally targeted johns in sweeps and stings for years, but said Monday, “from a prosecutorial standpoint, there are much stronger laws and many stronger tools today,” to go after the demand side of the sex trade.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

We Need an End to the Death Penalty in America

There is nothing quite as disappointing as watching our Courts and systems of Government fail and persecute the very people they are meant to protect.

Troy Anthony Davis: Victim of American Injustice

September 22, 2011
James Clark

Troy Davis was executed by the state of Georgia last night at 11:08 PM, despite a worldwide movement over 1 million strong that drew attention to the glaring doubts of his guilt. With no physical evidence and a host of witness recantations, all indications are that the state of Georgia killed an innocent man.

Outside the death row facility in Jackson, Georgia, I joined Troy's friends, family, and supporters in vigil. About 200 people arrived early enough to be allowed on the prison grounds in the highly controlled roped-off area reserved for execution opponents. Hundreds, maybe thousands more people were looking on from across the street. After visiting with Troy for the final time, his family attended a service at a makeshift church in a parking lot across the street before joining the protestors on the prison grounds.

Throughout the day of Troy's execution, periods of high energy and excitement alternated with long stretches of waiting. Prayer was continuous, as various clergy and other people of faith struggled with the difficulty of waiting for an execution while hoping for a reprieve. With each successive denial of Troy's final last-ditch appeal from the Superior Court and the Georgia Supreme Court, the mood grew somber and fearful.

At around 7 p.m., the crowd latched onto what turned out to be a false report of a stay from the U.S. Supreme Court. The entire crowd suddenly burst with joy and celebration. People jumped in the air and fell on their knees and prayed and hugged one another. Others had confused looks, made confirmation phone calls, and had to explain that this was not a stay of execution. The Court reviewed the appeal but took no action, delaying the execution for only a few hours. The Court finally did deny the appeal after 10:00 p.m. About an hour later, Troy Davis was dead.

Amidst so much doubt, there is only one certainty: the world is watching.

The Twitter hashtags #TooMuchDoubt and #TroyDavis have exploded as people around the world watched Georgia take the life of an innocent man. Protests were sparked around the country and the world, including an impromptu protest of hundreds at the United States Supreme Court while the Court deliberated Troy's appeal. Over 1 million people signed petitions for Troy before he was executed, and millions more watched in shock as the travesty of justice unfolded.

We must ensure that Troy Davis did not die for nothing. Millions of people have now seen the danger, dysfunction, and catastrophic injustice of America's death penalty.

I tweeted what I saw and experienced in Atlanta and Jackson from @ACLU and my main point was this: The only way to avoid executing the in nocent is end the #deathpenalty. #TroyDavis.
That clear statement of fact was retweeted more than one hundred times. And the hashtag "#RIPTroyDavis" is trending not just in Atlanta, but worldwide. So while the movement to save Troy's life ended late last night, the movement to end the death penalty is stronger than ever. We must turn our anger and anguish into action.

Join the fight to protect the innocent and end the death penalty in California, or wherever you live.
As the ACLU's Tanya Greene wrote this morning in the wake of Davis's execution, "We must continue to fight a system that disrespects people so viciously and so finally, all the while claiming fair proceedings in the name of justice…Until we win, I, too, am Troy Davis."

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

"Troy Davis and the History of Injustice in America"

Troy Davis and the History of Injustice in America

E.D. Kain
September 20, 2011


The history of justice in America is pocked with such deep institutional injustices that time and again we make a mockery of the word. From slavery to the War on Drugs, the powerful have trampled time and again on the weak.

Law and order masquerade as justice, and our prisons fill to the brim with young men, mostly black and Hispanic, mostly poor. Meanwhile, inner cities lie like sunken ruins across the wealthiest nation in the history of civilization, stomped upon by drug warriors and poverty and violence.

And though we accept the limitations of our government and of the good judgment of our leaders, we nevertheless believe in the infallibility of this system we call justice, but which is not justice, to hand down the most final sort of judgment a man could ever know.

Troy Davis, convicted over two decades ago of killing an off-duty cop, though much doubt has been cast upon his guilt and the methods which police and prosecutors used to secure his conviction, will be executed by the state of Georgia tomorrow. The Georgia Board of Pardons and Paroles has denied him clemency, and there are no other avenues left to save him.

In the end, I am not concerned so much with whether or not Davis is guilty or innocent. I am concerned with the uncertainty of his guilt. “I’m not for blood. I’m for justice,” said the mother of the slain police officer. But we extract one or the other, not both. In a case where the blood may be that of an innocent, how can we call it justice?

Death is tragic. The death of Mark MacPhail is a tragedy that will never be undone. Not by blood, not by prison bars, not by time, not by proof that Davis is guilty or proof that he is innocent. But if we have even a glimmer of doubt about his guilt, there will be no justice in his death. If we have even a hint of uncertainty over whether this man did the deeds he was accused of, but which most of his accusers have since recanted, we should stay his execution.

But the history of justice in America is scarred across by such tragedies.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Computer and Internet Crimes

Computer Crime

Computer Crime may encompass such activities as gaining unauthorized or unlawful access to a computer; changing or stealing information from a computer; contaminating or otherwise introducing a foreign program or destructive process to a computer system; using encryption or a computer to defraud or commit a crime; altering email information regarding computer sources and IP addresses; and using an information service from a pay provider without permission.

In addition to these strictly computer related criminal offenses, there are any number of activities one may engage in while online that would also be considered computer related crimes, though without the use of a computer, would simply be labeled as criminal offenses anyway.

Some of these kinds of crimes include Internet child pornography and various crimes involving sexual predators, all kinds of Internet piracy, cyber-based terrorism, and computer hacking or intrusions, among many others.

In order to understand the severity of these kinds of criminal activity, you must remember that these crimes are treated with the same diligence as non-computer related similar crimes are; just because the Internet has acted as a buffer-zone, does not make the activity any less illegal. In fact, in most Internet related criminal matters, the involvement of the FBI and CIA is almost a natural expectation, since these crimes can be considered global in nature and are bound to affect more than a few local people in their commission.

There is, however, still the possibility for grave errors and mistakes in judgment when it comes to pinpointing and located the perpetrators of many Internet crimes. The procedure is not foolproof, and much like the use of DNA evidence, has its limitations. At no time should you discuss anything, other than your name, with any Federal Agent who may question you regarding your involvement in computer related or Internet crimes without the advice and counsel of an experienced criminal defense attorney.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

RICO Act and Criminal Racketeering Laws

Criminal Racketeering and RICO

Criminal racketeering is the act of making money in a legitimate business by a criminal organization. This kind of illegal activity is covered in the RICO laws (Racketeer-Influenced and Corrupt Organization), and allows for the seizure of all of the assets belonging to the organization.

The objective of these kinds of laws is to eliminate any sources of income for criminal organizations to use to perpetuate criminal activity.

While the Federal RICO Act was enacted in 1970, state governments have since enacted their own sets of RICO laws which allow plaintiff's to bring civil suits against defendants for injuries or damages sustained in criminal violations against them. Similar to the criminal Victim's Compensation Act, however plaintiffs in the state mandated RICO cases are allowed judgments up to three times the actual amount of damages sustained. The state RICO laws further differ from their Federal counter-parts in the statute of limitations, the expanse of criminal activities included in the laws, easier established elements, and recovery of damages that are non-existent in the Federal version.

In order for a crime charged under the RICO Act to be proven, the government must show that there was in fact an established business; that the enterprise affected interstate commerce and trade; that the person accused was involved or had knowledge of the enterprise, either as an associate, employee, or other involved party; that the defendant was further involved in a pattern of activity that could fall under the RICO/Racketeering Laws; and that at least two acts of racketeering were participated in by the defendant, while involved in and participating with the enterprise in question.

The criteria and burden of proof in a RICO case is very high for the government, and adherence to the various statute of limitations and proper gathering of evidence are critical to establishing a solid defensive case. An experienced criminal defense attorney can help establish the facts surrounding any accusations, and prepare a defense in your favor.


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Ineffective Assistance of Counsel, the Untold Story of ‘Conviction’

Ineffective Counsel - The Kenneth Waters Story

In 1983, after a five-day jury trial in Middlesex County Superior Court, Kenneth Waters was convicted of the first-degree murder and armed robbery of Katharina Brow. He was sentenced to life in prison, without the possibility of parole. However, if Waters’ lawyer had done his job in the first place, he probably would have never been convicted.

‘Conviction’ is a powerful film about the undaunted dedication of Betty Anne Waters in proving her brother’s innocence. Hilary Swank plays the lead role of Betty Anne, a sister who literally dedicates her life to exonerating her brother Kenny from an unjust murder conviction. Despite being a single mother with two young boys, at her brother’s insistence, Betty Anne enrolls at CCRI and eventually completes her bachelor’s degree at Rhode Island College and law degree at Roger Williams University Law School. During law school, she learned about DNA testing and the work of the Innocence Project in exonerating individuals wrongfully convicted of crimes.

In November of 1998, Betty Anne wrote to the Innocence Project requesting assistance in her brother’s case. After locating the blood evidence still stored in the basement of the Middlesex Courthouse, Betty Anne secured the assistance of the Innocence Project to test the blood evidence which later determined that the DNA of the perpetrator did not match Waters. Kenny Waters was released from prison in 2001.

I first learned about Betty Anne Waters seven years ago when she was the guest speaker at the Rhode Island Association of Criminal Defense Lawyers’ annual meeting. Betty Anne told this very powerful story about with such amazing grace and humility. I sat in wonder over her absolute dedication to her brother’s cause, a dedication that spanned over two decades. I also couldn’t help think about the mistakes made by Waters’ defense counsel that led to his conviction. Recently, Betty Anne was kind enough to sit down and relate to me some lessons of her brother’s case that that all defense attorneys should be aware of.

“My family and I visited all of the top lawyers in the area, including F. Lee Bailey, but they all wanted a huge sum of money, up to fifty thousand dollars, just to get started,” remarked Betty Anne. “In my family, no one had graduated college and we had no money. We wanted to raise the funds but Kenny did not want the family spending money on a lawyer for a crime he didn’t commit.”

Throughout his case, Waters was represented by an experienced court-appointed attorney. “He seemed to have a command of the courtroom and told us that he had tried many murder cases, so we trusted him” noted Betty Anne. However, in the 28 years that elapsed since her brother’s conviction, Betty Anne learned that this attorney never properly investigated this case and was completely ineffective in obtaining available evidence that proved his innocence.

Kenny Waters was not convicted based upon eye-witness identification, forensic evidence or a confession to police. Instead, he was convicted primarily as a result of the testimony of two ex-girlfriends, both of which testified that Waters admitted to them that he had killed Katharina Brow. Their testimony, along with Waters’ failure to prove his alibi defense, was enough to convict him of first-degree murder with extreme atrocity and sentence him to life in prison without the possibility of parole. His appeal to the Massachusetts Supreme Judicial Court was heard and denied in 1987.
While DNA testing eventually cleared Waters, if his defense counsel had done his job in the first place, he probably would have never been convicted.

During grand jury proceedings, officials from the Ayer Police testified that no usable latent prints were recovered from the crime scene. Yet no defense motions were ever filed to confirm this testimony. In fact, Massachusetts State Police had recovered several usable latent prints from the crime scene that were identified as belonging to the perpetrator. These prints were compared with the prints of several suspects, including Waters, and he was excluded as the source. The evidence that Waters was innocent of this crime was in existence in 1980. It did not require the development of DNA testing 18 years later.

“I asked the retired State Police BCI Detective why he never came forward with this evidence, knowing full well that it proved that Kenny did not commit this murder. He told me he never thought to since he heard that Kenny had admitted to the murder,” said Betty Anne. It took over two decades and a civil action subpoena to produce the box of latent prints and test results that were still stored in the detective’s personal storage unit. When recovered, they proved that the Massachusetts State Police had already excluded Waters as a source of the perpetrator’s prints long before he was ever charged. It also proved that members of the Ayer Police Department were well aware of these results prior to charging him. These shocking findings helped secure a civil judgment against the town of Ayer.

The bottom line is that Waters’ trial lawyer never demanded an independent inspection of the latent prints recovered from the crime scene. Instead, he simply took the word of a police officer testifying under oath at a grand jury that no usable latent prints existed. If Waters’ attorney had demanded to inspect and test the prints, he would have discovered that they were not only usable, they exonerated his client. The so-called admissions testified to by Waters’ ex-girlfriends were later discarded by the District Attorney’s office in the face of compelling DNA evidence. This decision could have taken place two decades earlier in light of the fingerprint evidence. Without question, a jury verdict of not-guilty would have been much more probable.

To those of us in the criminal defense bar, the lessons of Kenny Waters’ conviction cannot be clearer. We simply cannot accept at face value the claims of police, state experts or for that matter, state prosecutors. (Interestingly enough, the former district attorney who tried this case, now a Massachusetts judge, later testified at deposition that she was unaware of what a latent print was). We must, without exception, separately investigate and verify all available evidence. If Kenny Waters’ original trial lawyer had done so, he probably would not have spent 18 years in prison for a crime he didn’t commit.

Copyright June 2011 @ John MacDonald, Esquire


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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Child Support, Not Just for Dad’s Anymore

More Women Paying Child Support

At one time in the Family Court system, you would have been hard-pressed to find a father with custody of their children after a divorce. It was almost a carte blanche fact that women, mothers, would end up with custody of the children in any divorce situation. In fact, if a woman didn’t end up with custody, there had to be something drastically wrong with the home environment; because judges loathed taking children from their mothers.

Like everything however, situations and criteria change over the years, and with more women than ever now having to enter the work force along-side their male companions, they are not necessarily the automatic choice anymore for custodial parent of the minor children.

In a sad and ironic twist, women, who entered the work force initially to help support their families when it became obvious that two incomes were needed often just for basic survival, have now eliminated themselves as sole custody winners in the battles for their children by this very behavior.

In the past, it was understood that a man would leave the house, often early in the morning, to work all day, and return late at night. This left him very little time to be available for the child. With the advances of women into careers and the workforce, more and more children were seeing daycare personnel more than they saw their own parents even while their parents were married. Judge’s consider this time constraint now when deciding which parent will have custody of the children.

Additional considerations are also made for the basic criteria of healthy home environment, and financial ability to support the children; though time available to devote to the child’s care has become a major factor in most custody decisions, forcing women to re-evaluate their roles as matriarch of their families and very often having no choice as to be allowed the luxury of choosing their children over their careers, means they no longer can support them financially anyway.

If you are entering into a divorce or custody situation with your spouse or partner, contact Aggressive Legal Services for advice and an appointment.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Domestic Assault and Domestic Violence Need Attention

Domestic Assault Issues

Domestic assault can have serious and far reaching effects on families of all types, and from all backgrounds of society. The damaging influence of being a member of a family where there is a standard set for violence in the home, is felt throughout life in the form of an inability to manage one's own affairs, fear of relationships and commitment, and the potential to become a violent transgressor in deference to either a parent or sibling who set the example when you were younger.

Many times domestic assault arises because of a simple lack of communication in the home, and a misunderstanding of how to handle and direct anger when it is felt as an emotion. A clearer understanding and some key tools for handling anger are typically a good start to helping heal the family unit, and eventually helping to reunite the members into a more healthy environment shared together.

There are situations however, where domestic assault is a result of drug or alcohol abuse and the violent behavior that often accompanies their use. If this is the situation, seek immediate intervention for yourself and any children that share the home with you in the form of drug or alcohol counseling, family support, or detoxification programs to help you put your life back together, and protect your loved ones from any harm that you may do to them and later regret.

It is only too easy to lose your temper and cause serious, irreparable harm to the people you love in a moment of heated temper or aggression. Husbands and wives have died, harmed their children, and themselves, only to calm down later and be crushed and devastated by their actions against their loved ones. There is no other way to combat domestic violence than by opening yourself to counseling for the issues that are driving you to behave violently in the first place.

If you are brought before the court on criminal charges for domestic assault, you will not only be sentenced to jail time in most instances, but will also be required to attend to the issues beneath the aggression and anger and seek help for yourself. Don't wait until you need the services of a criminal defense attorney to preserve your right to freedom, if you are prone to domestic violence, seek help immediately.
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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.

Crime of Illegal Immigration

Naturalization is still the best way to immigrate to any country. Following the legal rules and guidelines imposed by a society assures the most successful transition into the daily activities and lifestyles of that society. This is also the safest and most successful way of becoming a United States citizen currently in this country.

The recent immigration debate often overlooks the fact that many of the people being removed from the country are labeled as criminals, when in fact their only crime may be the situation that is getting them removed to begin with; their illegal immigration status.

An article from npr.org regarding the current immigration situation follows below.

Immigration Enforcement Working, Numbers Show

by Ted Robbins

This year promises to be another contentious one for U.S. immigration politics. The new Republican leadership in the House of Representatives has indicated it will take an even harder line against illegal immigration.

But while some politicians paint the Southern border as lawless and out of control, the numbers don't support that, says Doris Meissner, the former head of the Immigration and Naturalization Service, now known as Immigration and Customs Enforcement.

"It really is astonishing that all of the enforcement data show us that the trend is that enforcement is making a difference," says Meissner, who is now with the nonpartisan Migration Policy Institute.

Numbers from the Department of Homeland Security show a drop in apprehensions along the border — from more than 1 million five years ago to less than half a million in the past fiscal year. Fewer people are attempting to cross because there are fewer jobs available.

A Decade-Long Trend

But the trend began a decade ago, long before the recession began.

"This has been something that took hold when we started resourcing the borders — adding the infrastructure that was required, the technology — and that drop has continued," says Deputy Customs and Border Protection Commissioner David Aguilar.

Enforcement away from the border has also picked up. The government removed about 400,000 illegal immigrants from inside the U.S. last year — a small increase.

The biggest shift was a decision made two years ago to go after what the government calls "criminal aliens," or illegal immigrants who have committed crimes in the U.S. They now make up half of all illegal immigrants removed. Interior enforcement resources, though, are still small compared with border enforcement.

And there's still one place left where relatively large numbers of people still cross the border illegally: Arizona.

But even those numbers, says Aguilar, are low compared with what he used to see. There were 219,000 apprehensions last year in Arizona, less than half the number a decade ago. And despite high-profile incidents like the killing of a border patrol agent last month and a southern Arizona rancher last March, the FBI reports that overall violent crime in Southern border states is way down from a few years ago.

Real And Perceived Impacts

But Meissner says concerns and antipathy are "at an absolute high point."

It's not about the numbers, Meissner says. It's about the real and perceived impact immigrants are having on the country.

"And, underneath it all, the kind of cultural issues of how much immigration is changing us: What it means to the identities of communities, how different groups of people are being incorporated," she says.

Arizona State Rep. John Kavanagh is targeting illegal immigrants who have children in the U.S. He wants to change the way the Constitution grants those children citizenship.

"We believe that the current policy of giving citizenship based on your GPS presence in the U.S. at birth is a bad interpretation of the 14th Amendment," he says.

Kavanagh and legislators from 13 other states will announce a plan Wednesday they hope will result in the Supreme Court's reviewing the way birthright citizenship is applied.

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If you have questions about this posting or are interested in Criminal Defense, Divorce, or Immigration Law in RI contact Rhode Island Criminal Defense Lawyer John E. MacDonald at 401-421-1440.

To learn more about The Law Office of John MacDonald, please visit his website at AggressiveLegalServices.com.