Connecticut Teacher Sentenced to Prison for Child Sexual Exploitation

A former Connecticut teacher was sentenced Monday, January 28, 2013, by Senior U.S. District Judge Ellen Breen Burns to 121 months in federal prison, followed by five years of supervised release, for child sexual exploitation offenses. The sentence is the result of an extensive investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Richard D. Hendricks, 32, of Ashford, Conn., was formerly employed as a computer teacher at the East Hampton Middle School in East Hampton, Conn.

"This solemn but important prosecution revealed that the defendant, a middle school teacher, paid for and viewed live webcasts showing the sexual abuse of children overseas, and voyeuristically photographed and videotaped female students in his classroom," said U.S. Attorney David B. Fein, District of Connecticut. "His criminal behavior represents an extreme violation of trust, which we at the U.S. Attorney's Office, along with our law enforcement investigative partners, are committed to combating."

"The receipt and of possession of child pornography by a teacher is one of the most heartbreaking violations of trust imaginable," said Bruce M. Foucart, special agent in charge of HSI Boston. Foucart oversees HSI throughout New England. "We have an obligation to ensure that individuals who hold positions of trust in our community are held accountable for their actions. Today's sentence is a stern reminder about the consequences awaiting those who use the Internet to sexually exploit innocent children."

According to court documents and statements made in court, a national HSI investigation revealed that Hendricks purchased Internet access to live sex shows involving minors from approximately October 2009 to April 2010. The abusive shows originated in the Philippines.

HSI special agents seized two laptop computers, one desktop computer and two external hard drives from Hendricks's residence June 6, 2011. Subsequent forensic evaluation revealed that Hendricks used his computer to receive numerous images and video files of child pornography – including images of children under the age of 12 – and images portraying sadistic or masochistic conduct or other depictions of violence.

Investigators also discovered numerous images and videos of Hendricks' students at East Hampton Middle School. While many of the pictures were related to Hendricks' duties as yearbook advisor, investigators discovered that Hendricks secretly took voyeuristic photos and videos of female students in his classroom. He also manipulated some of these images to enhance their visibility, and used a software program to attempt to visualize the private areas of clothed girls.

During the course of the investigation, parental notification was made when investigators identified children who Hendricks secretly photographed or video recorded. With parental consent, agents conducted dozens of forensic interviews of the children.

Hendricks has been detained since his arrest June 9, 2011. On Jan. 19, 2012, he pleaded guilty to one count of receipt of child pornography.

HSI received assistance in investigating this case from the Connecticut State Police and the East Hampton Police Department.

This investigation was part of Operation Predator, a nationwide HSI initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. HSI encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-347-2423 or by completing its online tip form. Both are staffed around the clock by investigators.

Suspected child sexual exploitation or missing children may be reported to the National Center for Missing & Exploited Children, an Operation Predator partner, via its toll-free 24-hour hotline, 1-800-843-5678.

HSI is a founding member and current chair of the Virtual Global Taskforce, an international alliance of law enforcement agencies and private industry sector partners working together to prevent and deter online child sexual abuse.

Assistant U.S. Attorneys Ray Miller and Deborah Slater, District of Connecticut, prosecuted this case on behalf of the U.S. government.

M.C. Law Group Attorney Alex Meyerovich Explains Legal Fees

BRIDGEPORT, Conn. -- At M.C. Law Group, we know that hiring an attorney is a serious financial decision. However, in many immigration cases, hiring the cheapest attorney can cost you more money in the long run. At M.C. Law Group, we provide exceptional service for reasonable fees, and we include many services in your legal fees that other attorneys leave out.

Watch the video below to see Attorney Alex Meyerovich explain how M.C. Law Group fees are different from other immigration attorneys.

Learn more about M.C. Law Group

Connecticut Resident and Former Peace Corps Volunteer Sentenced for Abusing Minors in South Africa

Officials from the National Prosecuting Authority (NPA) of South Africa and U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) announced the sentencing of a U.S. citizen for crimes he committed while he was a volunteer with the U.S. Peace Corps. He was sentenced Oct. 10, 2012, in a U.S. court in the state of Connecticut.

Jesse Osmun, 33, was sentenced Wednesday, October 10, 2012 in Hartford, Conn., to 180 months in prison, followed by 10 years of supervised release, for sexually abusing four minor girls, all under the age of 6, while he was a volunteer in South Africa.

"Thanks to the close collaboration of HSI's attaché at the U.S. Embassy in Pretoria, the National Prosecuting Authority of South Africa and the Directorate for Priority Crime Investigations, a U.S. citizen has been sentenced to 15 years in prison for crimes he committed here in South Africa," said Peter Vincent, director of HSI's Office of International Affairs. "As this sentence clearly demonstrates, there will be no refuge for U.S. citizens who believe that they may victimize children outside the United States. No place is too distant or too remote to escape the attention of law enforcement. Thanks to an extensive investigation we worked jointly with our South African counterparts, Jesse Osmun will now spend a considerable amount of time in a U.S. jail. Law enforcement will hunt down child predators to the ends of the earth to protect innocent children from being violated."

"This case has shown that both the United States and South Africa have no tolerance when it comes to the abuse of innocent children," said U.S. Embassy Pretoria Chargé d'Affairs Virginia E. Palmer. "Through close collaboration between U.S. and South African law enforcement officials we have been able to close this sad case and bring justice to this criminal. Our heart goes out to the young victims involved."

"I appreciate the well-coordinated efforts of the Department of Justice, Peace Corps Office of Inspector General, Homeland Security Investigations and the South African Police Service, to ensure that justice was served in this case," said Carrie Hessler-Radelet, acting director of the Peace Corps. "The Peace Corps has no tolerance for abuse of any kind, and our deepest sympathies are with all the victims involved."

According to court documents, Osmun was sworn in as a Peace Corps volunteer in early 2010 and began his service at a non-governmental organization (NGO) in South Africa that provides education, food and other services to children, many of whom are orphans. In May 2011, Osmun resigned from the Peace Corps after being confronted by the program director of the NGO with allegations of sexual abuse. He returned to the United States June 2, 2011. Shortly thereafter, HSI special agents, working with members of the South African Police Service (SAPS), Directorate for Priority Crime Investigations (DPCI), began investigating the allegations of abuse.

The investigation revealed that, while volunteering at the NGO, Osmun enticed four young girls, all of whom were under the age of six, to engage in illicit sexual acts with him. Osmun persuaded the children to engage in this conduct by playing games with them and providing them with candy. Osmun sexually abused one of the victims approximately two times a week over the course of approximately five months.

On Aug. 4, 2011, Osmun was arrested at his home in Milford, Conn. On June 27, 2012, he pleaded guilty to one count of traveling from the United States to South Africa to engage in illicit sexual conduct with children.

Osmun has been detained since his arrest.

HSI targets, investigates and prosecutes sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders and child sex traffickers. Since the creation of HSI and the passage of the PROTECT Act – a U.S. law – HSI has expanded the resources devoted to these types of investigations.

"PROTECT" is an acronym which stands for "Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today." Part of this U.S. law authorizes fines and imprisonment for U.S. citizens or residents who engage in illicit sexual conduct abroad.

In the nine years since the federal laws protecting children outside the United States from American sexual predators were significantly strengthened, HSI has arrested 93 suspects on child sex tourism charges.

Numerous agencies in the United States and South Africa participated in this extensive investigation. United States agencies included: HSI; Peace Corps, Office of Inspector General; and the U.S. Department of State's regional security officer in Durban, South Africa.

In South Africa, the investigation was conducted and coordinated by the NPA and SAPS DPCI.

Terrorism Suspects Extradited from the United Kingdom to Face Charges in U.S.

Two British nationals were extradited from the United Kingdom late Friday, October 5, 2012, and now face terrorism-related charges in the United States. If convicted of the charges, both face up to life in prison. This investigation is being led by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).

Babar Ahmad, 38, and Syed Talha Ahsan, 33, were extradited Oct. 5, arriving in the United States early in the morning Oct. 6. They appeared before U.S. District Court Judge Janet C. Hall the same day. Both pleaded not guilty, but were ordered detained while they await trial.

Ahmad and Ahsan are charged with terrorism-related offenses stemming from their involvement in, and operation of "Azzam Publications," an entity in London that allegedly provided material support to the Chechen Muhjahideen, the Taliban and associated terrorist groups.

On Oct. 6, 2004, a federal grand jury sitting in Bridgeport, Conn., returned an indictment charging Ahmad with conspiracy to provide material support to terrorists, providing material support to terrorists, conspiring to kill persons in a foreign country and money laundering.

On June 28, 2006, a Bridgeport grand jury returned an indictment charging Ahsan with conspiracy to provide material support to terrorists, providing material support to terrorists and conspiring to kill persons in a foreign country. Ahmad and Ahsan have been detained since their arrests by British law enforcement authorities Aug. 5, 2004, and July 19, 2006, respectively.

The indictments allege that Ahmad and Ahsan were members of a group that supported the Chechen Muhjahideen, the Taliban and associated terrorist groups through various means, including the operation of a series of websites under the name of "Azzam Publications," which promoted violent jihad and featured jihadi training manuals, interviews with Al-Qaeda and Chechen leaders and associates, and stories and martyrdom videos of fallen jihadists.

The indictments allege that the defendants assisted the Taliban and the Chechen Mujahideen by providing funds, military items, communications equipment, lodging, training, safe houses, expert advice and assistance, personnel, transportation, false documentation and identification, and other supplies, knowing and intending that such conduct would support the military activities of these and associated groups.

Among other things, the indictments allege that Ahmad made efforts to secure GPS devices, Kevlar helmets, night vision goggles, ballistic vests and camouflage uniforms. In addition, Ahmad and Ahsan are alleged to have recruited and arranged for individuals to travel to Afghanistan to train for violent jihad.

The indictments further allege that a search of Ahmad's residence in the United Kingdom in December 2003 revealed Ahmad in possession of an electronic document setting forth what were previously classified plans regarding the makeup, advance movements and mission of a U.S. Naval battle group as it was to transit from California to its deployment in the Middle East. The document discussed the battle group's perceived vulnerability to terrorist attack. Ahsan is alleged to have possessed, accessed and modified the electronic battle group document in April 2001.

"Homeland Security Investigations continues to use every available resource to protect the American public from those who would compromise our national security through terrorism," said ICE Director John Morton. "This extradition demonstrates law enforcement's resolve to bring to justice anyone who supports those who would target American interests at home or abroad. As a result of HSI's extraordinary cooperation with our British partners, Ahmad and Ahsan will now face justice for their alleged crimes in a U.S. courtroom."

"This has been a lengthy process, but the government's commitment to presenting this case to a jury during a fair and open trial has never wavered," said U.S. Attorney David B. Fein, District of Connecticut. "The allegations contained in the indictments, which include promotion of terrorism and conspiracy to murder persons living abroad, are as serious today as when they were initially charged. I commend Homeland Security Investigations, the FBI and the many other law enforcement agencies here and in the U.K. for investigating this matter. I also want to acknowledge the Department of Homeland Security, FBI and Department of Justice attachés at the U.S. Embassy in London and the attorneys and staff at the Department of Justice's Office of International Affairs who have seamlessly coordinated with us during this extradition process."

"Today, more than at any other time in U.S. history, terrorism investigations involve the identification, disruption and dismantling of material and financial support systems," said Kimberly K. Mertz, special agent in charge of the FBI New Haven Division. "Without those support systems, terrorists and terrorist groups simply cannot survive. This investigation underscores Homeland Security Investigations' and the FBI's enduring commitment to combating terrorism by uprooting these global and often complex support networks."

This case is being investigated by a task force in Connecticut led by HSI. Other law enforcement agencies involved in the investigation include: FBI's Joint Terrorism Task Force; Internal Revenue Service (IRS), Criminal Investigation Division; IRS, Criminal Investigation Electronic Crimes Program; Defense Criminal Investigative Service; and the Naval Criminal Investigative Service.

U.S. Attorney Fein praised the substantial efforts of law enforcement authorities from the Metropolitan Police Service's Anti-Terrorist Branch and the Extradition and International Assistance Unit, both within New Scotland Yard, whose efforts and assistance have been essential in the investigation in this case. U.S. Attorney Fein also thanked the U.S. Marshals Service for its assistance in the extradition of the defendants.

The case is being prosecuted by a team of federal prosecutors including Assistant U.S. Attorney Stephen Reynolds, District of Connecticut; and Attorneys Sharon Lever and Alexis Collins from the National Security Division's Counterterrorism Section of the U.S. Department of Justice in Washington.

Mexican National Living in Connecticut Sentenced for Illegal Reentry

A Mexican national was sentenced Monday, March 26, to 42 months in federal prison for illegally reentering the United States after being deported, and for violating the conditions of his supervised release, stemming from a previous federal conviction in 2006 for illegally reentering the United States after deportation. The sentence is the result of an investigation by U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO).

Adalberto Arteaga-Rodriguez, 35, of Mexico, was encountered by ERO officers May 30, 2009, after having been deported three times in 2001, 2002 and 2007. Arteaga-Rodriguez's deportations in 2001 and 2002 resulted from his 1998 conviction for first degree unlawful restraint and fourth degree sexual assault.

In 2005, after he illegally returned to the United States, Arteaga-Rodriguez was charged in the District of Connecticut with illegal reentry. Arteaga-Rodriguez pleaded guilty to the charge and was sentenced to 23 months in prison, followed by three years of supervised release. He was released from the Federal Bureau of Prisons in February 2007 and was deported to Mexico March 17, 2007.

On May 30, 2009, Arteaga-Rodriguez was arrested by the New Haven (Conn.) Police Department after he was found in a vehicle with a .22 caliber rifle on his lap. Arteaga-Rodriguez pleaded guilty to one count of criminal possession of a firearm and sentenced July 22, 2009, in New Haven Superior Court to five years of incarceration, suspended after two.

On April 29, 2010, Arteaga-Rodriguez pleaded guilty in federal court to one count of unlawful presence of a deported alien, and also admitted that he violated the conditions of his supervised release from his 2006 conviction for illegal reentry.

Today, Arteaga-Rodriguez was sentenced to 30 months in prison for the illegal reentry and a consecutive 12-month term in prison for violating his supervised release. Arteaga-Rodriguez has been detained since his May 2009 arrest.

The case was prosecuted by Assistant United States Attorney Deborah R. Slater, District of Connecticut.

Attorney Alex Meyerovich Speaks Out Against ICE Secure Communities Program

By: Mallory Huron

Bridgeport, CT -- Local attorney Alex Meyerovich spoke out recently against the federal Secure Communities program, which went into effect statewide in Connecticut on February 22.

Secure Communities, launched in 2008, is a federal program that combines the resources of Immigration and Customs Enforcement (ICE), the Federal Bureau of Investigation (FBI), and local law enforcement.

Through the program, any set of fingerprints taken by local law enforcement will automatically be sent first to the FBI for a criminal background check, and next to the ICE database for an immigration status check. If there is a match to a criminal record, and/or ICE records show that the individual is in the U.S. illegally, or “otherwise removable,” the individual will be detained and subject to deportation proceedings.

 

As of October 2011, the program cites over 110,000 removals of immigrants convicted of crimes, which includes 39,500 removals of immigrants convicted of aggravated felony offenses such as murder, rape, and child sex abuse. The program is set to be in effect nationwide by 2013.

However, although the program is designed to target immigrants convicted of serious and often violent crimes, some claim that it will have possible detrimental side effects.

M.C. Law Group immigration attorney Alex Meyerovich, who opposes the program, discussed the potential pitfalls of Secure Communities on Wednesday, February 22, when the program went into effect statewide.

“For many people, it’s a challenge,” Meyerovich said of the program’s consequences on Wednesday. The program is already proving challenging – and controversial – with many arguing that it could have the problematic consequence of effectively turning local law enforcement into ICE immigration officers.

Secure Communities insists that local law enforcement officers are not given any additional responsibilities under the program, nor are they instructed or authorized to enforce federal immigration law. However, concerns about possible misuse of power linger, as well concerns over the larger impact for local communities.

“This program will probably do more damage to the communities than good,” said Meyerovich. “It creates a disincentive for immigrants to call the police, ever.”

This disincentive, Meyerovich argues, could pose a serious threat to community safety. Immigrants may begin to fear any interaction with local law enforcement, and may avoid reporting anything from car accidents to domestic violence disputes for fear of potential deportation. He maintains that if any resident, whether they reside in the U.S. legally or illegally, is dissuaded from alerting the police about matters of public and personal safety, then Secure Communities will actually be creating insecure and unsafe communities.

Watch the full News12 Connecticut interview with Attorney Meyerovich below.

2d Cir says CT conviction for larceny in form of defrauding public community is a Crime Involving Moral Turpitude (CIMT)

Mendez v. Mukasey (2d Cir. 11/6/08, no. 07-1114-ag)

KATZMANN, Sack, Rakoff

Petitioner argued that her CT conviction for first degree larceny in the form of "defrauding a public community" was not a crime involving moral turpitude. The 2d Circuit reviewed the Board's determination that the crime was a CIMT de novo, according no deference to the Board's construction of state criminal statutes. See Gill v. INS, 420 F.3d 82, 89 (2d Cir. 2005). However, the court also found that the crime was a CIMT and denied the petition.

The court applied the modified categorical approach, finding that the statute under which Petitioner was convicted was divisible and thus looking to the record of conviction - which evidenced a conviction for larceny by defrauding a public community. Petitioner argued that this conviction - under Conn. Gen. Stat. 53a-119(6) - was not a CIMT because the state did not need to prove an intent to defraud in order to obtain a conviction under this particular subsection of the statute. She argued that the statutory language in 53a-119 defining larceny as "wrongfully tak[ing]" property from another "with intent to deprive" that person of the property was simply prefatory language and that a person could be convicted under (6) without either an intent to defraud or prejudice the government. The court rejected this argument, finding in accordance with an earlier decision, Abimbola v. Ashcroft, 378 F.3d 173 (2d Cir. 2004) that the "intent to deprive" language in 53a-119 was mandatory throughout the statute's subsections. Although Abimbola did not control the case at hand as it dealt with third degree larceny, dicta in Abimbola recognized that the intent to deprive requirement also applied to first and second degree larceny.

Finally, the court rejected Petitioner's arguments that the CT Appellate Court's decision in State v. Robins vitiated the statutory requirement of intent, finding that Robins stood for the much narrower proposition that the state need not prove that a person making a fraudulent claim otherwise would not be entitled to benefits. In addition, the court found that while not every offense under the CT larceny statute constitutes a CIMT, defrauding a public community does since the temporary v. permanent taking distinction that applies to theft does not apply to offenses involving an intent to defraud. See Wala v. Mukasey, 511 F.3d 102(2d Cir. 2007).

PFR denied.