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Tag: Indictments

  • In 2021, judge warned of gay bar attacker’s shootout plans

    In 2021, judge warned of gay bar attacker’s shootout plans

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    COLORADO SPRINGS, Colo. — A judge who dismissed a 2021 kidnapping case against the Colorado gay nightclub shooter warned last year that the defendant had been stockpiling weapons and planning a shootout, and needed mental health treatment or “it’s going to be so bad.”

    The comments made by Judge Robin Chittum in August last year are contained in court documents obtained by The Associated Press. They add to the warning signs authorities had about Anderson Aldrich’s increasingly violent behavior prior to the Nov. 19 shooting at Club Q in Colorado Springs.

    Five people were killed and 17 wounded.

    The judge’s comments came during a preliminary hearing on charges that Aldrich kidnapped their grandparents, and had previously been under a court seal that was lifted last week.

    “You clearly have been planning for something else,” Chittum told Aldrich during the hearing, after the defendant testified about an affinity for shooting firearms and a history of mental health problems.

    “It didn’t have to do with your grandma and grandpa. It was saving all these firearms and trying to make this bomb, and making statements about other people being involved in some sort of shootout and a huge thing. And then that’s kind of what it turned into,” the judge said.

    Chittum’s assistant Chad Dees said Friday that the judge declined to comment.

    The 2021 charges against Aldrich — who had stockpiled explosives and allegedly spoke of plans to become the “next mass killer” before engaging in an armed standoff with SWAT teams — were thrown out during a four-minute hearing this past July at which the prosecution didn’t even argue to keep the case active.

    Chittum, who received a letter last year from relatives of the grandparents warning that Aldrich was “certain” to commit murder if freed, granted defense attorneys’ motion to dismiss the case because a deadline was looming to bring it to trial.

    There was no discussion at that July hearing about Aldrich’s mental health treatment, violent past, or exploring options to compel Aldrich’s grandparents and mother to testify.

    Details of the failed 2021 prosecution — laid out in 13 court hearing transcripts obtained by the AP — paint a picture of potential missteps in the case against Aldrich and raise more questions about whether enough was done to stop the recent mass shooting.

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  • Louisiana officers charged in Black motorist’s deadly arrest

    Louisiana officers charged in Black motorist’s deadly arrest

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    FARMERVILLE, La. — Five Louisiana law enforcement officers were charged with state crimes ranging from negligent homicide to malfeasance Thursday in the deadly 2019 arrest of Ronald Greene. They are the first charges to emerge from a death authorities initially blamed on a car crash before long suppressed body-camera video showed white officers beating, stunning and dragging the Black motorist as he wailed, “I’m scared!”

    Greene’s bloody death on a roadside in rural northeast Louisiana got little attention until an Associated Press investigation exposed a cover-up and prompted scrutiny of top Louisiana State Police brass, a sweeping U.S. Justice Department review of the agency and a legislative inquiry now looking at what Gov. John Bel Edwards knew and when he knew it.

    Facing the most serious charges from a state grand jury was Master Trooper Kory York, who was seen on the body-camera footage dragging Greene by his ankle shackles and leaving the heavyset man face down in the dirt for more than nine minutes. York was charged with negligent homicide and 10 counts of malfeasance in office.

    Others, including a Union Parish sheriff’s deputy and three other troopers, were charged with malfeasance and obstruction of justice.

    “We’re all excited for the indictments, but are they actually going to pay for it?” said Greene’s mother, Mona Hardin, who for more than three years has kept the pressure on state and federal investigators and vowed not to bury the cremated remains of her “Ronnie” until she gets justice. “As happy as we are, we want something to stick.”

    Union Parish District Attorney John Belton submitted arrest warrants for all five of the indicted officers.

    Belton had long held off on pursuing state charges at the request of the U.S. Justice Department, which is conducting a separate criminal investigation. But as years passed and federal prosecutors grew increasingly skeptical they could prove the officers acted “willfully” — a key component of the civil rights charges they’ve been considering — they gave Belton the go-ahead this spring to convene a state grand jury.

    That panel has has since last month considered detailed evidence and testimony related to the troopers’ use of force and their decision to leave the handcuffed Greene prone for several minutes before rendering aid. And for the first time in the case, a medical expert deemed Greene’s death a homicide.

    The federal grand jury investigation, which expanded last year to examine whether state police brass obstructed justice to protect the troopers, remains open, and prosecutors have been tight-lipped about when the panel could make a decision on charges.

    Greene’s May 10, 2019, death was shrouded in secrecy from the beginning, when authorities told grieving relatives that the 49-year-old died in a car crash at the end of a high-speed chase near Monroe — an account questioned by both his family and even an emergency room doctor who noted Greene’s battered body. Still, a coroner’s report listed Greene’s cause of death as a motor vehicle accident, a state police crash report omitted any mention of troopers using force and 462 days would pass before state police began an internal probe.

    All the while, the body-camera video remained so secret it was withheld from Greene’s initial autopsy and officials from Edwards on down declined repeated requests to release it, citing ongoing investigations.

    But then last year, the AP obtained and published the footage, which showed what really happened: Troopers swarming Greene’s car, stunning him repeatedly, punching him in the head, dragging him by the shackles and leaving him prone on the ground for more than nine minutes. At times, Greene could be heard pleading for mercy and wailing, “I’m your brother! I’m scared! I’m scared!”

    At one point, a trooper orders Greene to “lay on your f—— belly like I told you to!” — a tactic use-of-force experts criticized as dangerous and likely to have restricted his breathing. A sheriff’s deputy can also be heard taunting, “Yeah, yeah, that s— hurts, doesn’t it?”

    Fallout brought federal scrutiny not just to the troopers but to whether top brass obstructed justice to protect them.

    Investigators have focused on a meeting in which detectives say that state police commanders pressured them to hold off on arresting a trooper seen on body-camera video striking Greene in the head and later boasting, “I beat the ever-living f— out of him.” That trooper, Chris Hollingsworth, was widely seen as the most culpable of the half-dozen officers involved, but he died in a high-speed, single-vehicle crash in 2020 just hours after he was informed he would be fired over his role in Greene’s arrest.

    The AP later found that Greene’s arrest was among at least a dozen cases over the past decade in which state police troopers or their bosses ignored or concealed evidence of beatings of mostly Black men, deflected blame and impeded efforts to root out misconduct. Dozens of current and former troopers said the beatings were countenanced by a culture of impunity, nepotism and, in some cases, racism.

    Such reports were cited by the U.S. Justice Department this year in launching a sweeping civil rights investigation into the Louisiana State Police, the first “pattern or practice” probe of a statewide law enforcement agency in more than two decades.

    Scrutiny has also turned to the actions of the Democratic governor, who oversees the state police.

    A legislative panel launched an “all-levels” investigation into the state’s handling of the Greene case this year after AP reported that Edwards had been informed within hours that the troopers arresting Greene engaged in a “violent, lengthy struggle,” yet stayed mostly silent for two years as police continued to press the car crash theory.

    Another AP report found Edwards privately watched a key body-camera video of Greene’s deadly arrest six months before state prosecutors say they knew it even existed, and neither the governor, his staff nor the state police acted urgently to get the footage into the hands of those with the power to bring charges.

    Edwards has repeatedly said he did nothing to influence or hinder the Greene investigation and has described the troopers’ actions as both criminal and racist. But he has yet to testify before the legislative panel, saying he was unable to appear at a hearing last month, instead attending a groundbreaking ceremony for an infrastructure project.

    “The governor has been consistent in his public statements that he intends to cooperate,” a spokesman told the AP. “That has not changed.”

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  • New FTX CEO says lax oversight, bad decisions caused failure

    New FTX CEO says lax oversight, bad decisions caused failure

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    WASHINGTON — Sam Bankman-Fried, founder and former CEO of the failed cryptocurrency exchange FTX, helped 1,500 Bahamian investors remove $100 million from their accounts while other customers around the world were locked out of the exchange, according to the company’s new CEO, who testified before a House committee Tuesday

    FTX CEO John Ray III, who has guided dozens of companies, including Enron, through bankruptcy restructuring, called FTX’s collapse one of the worst business failures he has seen — a “paperless bankruptcy,” fueled by an “unprecedented lack of documentation.”

    For nearly four hours, without a break, Ray told lawmakers about the lack of oversight and financial controls that he discovered since taking over FTX a month ago. He found a loan where Bankman-Fried was both the issuer and the recipient. There were expenses approved by emoji. FTX didn’t have accountants. For record-keeping, employees used QuickBooks, pre-packaged software typically used by small and medium-sized businesses, to manage FTX’s finances.

    “Nothing against QuickBooks,” Ray said. “It’s a very nice tool, just not for a multibillion-dollar company.”

    At its peak, FTX’s market value topped $30 billion.

    Notably absent from the hearing before the House Financial Services Committee was Bankman-Fried, who was arrested in the Bahamas just hours before he was scheduled to testify. The arrest was made at the request of the U.S. government, which on Tuesday announced criminal charges against Bankman-Fried including wire fraud and money laundering.

    The timing of Bankman-Fried’s arrest frustrated many committee members. Republican Rep. William Timmons, of South Carolina, called the timing “bizarre” and added that, as a former prosecutor, he couldn’t imagine why any prosecutor wouldn’t want “hours of congressional grilling for the target of an investigation” to help make a case.

    FTX filed for bankruptcy protection on Nov. 11, when the firm ran out of money after the cryptocurrency equivalent of a bank run. The collapse of crypto’s second-largest exchange has garnered worldwide attention, and prompted worries in the crypto industry that the pain could become widespread. Ray estimated that about $8 billion of customer funds are missing.

    Some customers in the Bahamas, where FTX was based, were able to recover some money, Ray said. That’s because the Bahamian government and Bankman-Fried agreed to let them get their money out of FTX while customers in other countries were blocked from doing so, Ray said.

    Ray, who took over FTX on Nov. 11, told the committee that the problems at FTX were a cumulation of months or even years of bad decisions and poor financial controls.

    “This is not something that happened overnight or in a context of a week,” he said.

    However, Ray didn’t answer numerous questions about what regulations could have stopped the collapse of FTX. Instead, he focused on how unusual FTX was — having no board of directors, having no real structure that prohibited money invested by consumers in FTX to be shifted to Bankman-Fried’s hedge fund Alameda Research for other investments or lavish purchases, without the original investors’ knowledge.

    In his prepared remarks, Ray painted a picture of a company acting with little to no oversight.

    “FTX Group’s collapse appears to stem from the absolute concentration of control in the hands of a very small group of grossly inexperienced and unsophisticated individuals who failed to implement virtually any of the systems or controls that are necessary for a company that is entrusted with other people’s money or assets,” Ray said.

    In interviews since FTX filed for bankruptcy protection, Bankman-Fried acknowledged that the company lacked proper financial controls and corporate governance, but denied any fraud had been committed.

    U.S. prosecutors and financial regulators disagreed with that assessment. An indictment unsealed Tuesday charged Bankman-Fried with a host of financial crimes and campaign finance violations, alleging he played a central role in the rapid collapse of FTX and hid its problems from the public and investors. The Securities and Exchange Commission said Bankman-Fried illegally used investors’ money to buy real estate on behalf of himself and family.

    Ray’s comments supported those allegations.

    “This is just old fashion embezzlement, taking money from others and using it for your own purposes,” he said. “This is not sophisticated at all.”

    A lawyer for Bankman-Fried, Mark S. Cohen, said Tuesday he is “reviewing the charges with his legal team and considering all of his legal options.”

    ————

    Reporter Ken Sweet contributed.

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  • FTX founder charged in scheme to defraud crypto investors

    FTX founder charged in scheme to defraud crypto investors

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    NEW YORK — The U.S. government charged Samuel Bankman-Fried, the founder and former CEO of cryptocurrency exchange FTX, with a host of financial crimes on Tuesday, alleging he intentionally deceived customers and investors to enrich himself and others, while playing a central role in the company’s multibillion-dollar collapse.

    Federal prosecutors said Bankman-Fried devised “a scheme and artifice to defraud” FTX’s customers and investors beginning in 2019, the year it was founded. He illegally diverted their money to cover expenses, debts and risky trades at the crypto hedge fund he started in 2017, Alameda Research, and to make lavish real estate purchases and large political donations, prosecutors said in a 13-page indictment.

    Bankman-Fried, 30, was arrested Monday in the Bahamas at the request of the U.S. government, and remains in custody after being denied bail.

    He has been charged with eight criminal violations, ranging from wire fraud to money laundering to conspiracy to commit fraud. If convicted of all the charges, Bankman-Fried — referred to by crypto enthusiasts as “SBF” — could face decades in jail.

    At a press conference on Tuesday, U.S. Attorney Damian Williams in New York called it “one of the biggest frauds in American history,” and said the investigation is ongoing and fast-moving.

    Bankman-Fried has fallen hard and fast from the top of the cryptocurrency industry he helped to evangelize. FTX filed for bankruptcy on Nov. 11, when it ran out of money after the cryptocurrency equivalent of a bank run.

    Before the bankruptcy, he was considered by many in Washington and on Wall Street as a wunderkind of digital currencies, someone who could help take them mainstream, in part by working with policymakers to bring more oversight and trust to the industry.

    Bankman-Fried had been worth tens of billions of dollars — at least on paper — and was able to attract celebrities like Tom Brady or former politicians like Tony Blair and Bill Clinton to his conferences at luxury resorts in the Bahamas. One prominent Silicon Valley firm, Sequoia Capital, invested hundreds of millions of dollars in FTX.

    Sporting shorts and t-shirts to contrast himself with the buttoned-down world of Wall Street, he was the subject of fawning media profiles, a vocal advocate for a type of charitable giving known as “effective altruism,” and garnered millions of Twitter followers.

    But since FTX’s implosion, Bankman-Fried and his company have been likened to other disgraced financiers and companies, such as Bernie Madoff and Enron.

    The criminal indictment against Bankman-Fried and “others” at FTX is on top of civil charges announced Tuesday by the Securities and Exchange Commission and the Commodity Futures Trading Commission. The SEC alleges Bankman-Fried defrauded FTX customers by making loans to himself and other FTX executives, and illegally using investors’ money to buy real estate for himself and his family.

    No other FTX executives were named in the indictment, nor was the CEO of Alameda Research, Caroline Ellison. Also not named in the indictment: Bankman-Fried’s father, Joseph Bankman, a Stanford University law professor who was considered an adviser to his son.

    U.S. authorities said they will try to claw back any of Bankman-Fried’s financial gains from the alleged scheme.

    A lawyer for Bankman-Fried, Mark S. Cohen, said Tuesday he is “reviewing the charges with his legal team and considering all of his legal options.”

    At a congressional hearing Tuesday that was scheduled before Bankman-Fried’s arrest, the new CEO brought in to steer FTX through its bankruptcy proceedings leveled harsh criticism. He said there was scant oversight of customers’ money and “very few rules” about how their funds could be used.

    John Ray III told members of the House Financial Services Committee that the collapse of FTX, resulting in the loss of more than $7 billion, was the culmination of months, or even years, of bad decisions and poor financial controls.

    “This is not something that happened overnight or in a context of a week,” he said.

    He added: “This is just plain, old-fashioned embezzlement, taking money from others and using it for your own purposes.”

    Before his arrest, Bankman-Fried had been holed up in his luxury compound in the Bahamas. U.S. authorities are expected to request his extradition to the U.S.

    Bankman-Fried was denied bail at a court hearing in the Bahamas on Tuesday after prosecutors argued he was a flight risk, according to Our News, a broadcast news company based there.

    Bankman-Fried’s was previously one of the world’s wealthiest people on paper; at one point his net worth reached $26.5 billion, according to Forbes. He was a prominent personality in Washington, donating millions of dollars to Democrats and Republicans. U.S. Attorney Williams said Tuesday that Bankman-Fried made “tens of millions of dollars” in illegal campaign donations.

    His wealth unraveled quickly last month, when reports called into question the strength of FTX’s balance sheet. As customers sought to withdraw billions of dollars, FTX could not satisfy the requests: their money was gone.

    “We allege that Sam Bankman-Fried built a house of cards on a foundation of deception while telling investors that it was one of the safest buildings in crypto,” said SEC Chair Gary Gensler.

    The SEC complaint alleges that Bankman-Fried had raised more than $1.8 billion from investors since May 2019 by promoting FTX as a safe, responsible platform for trading crypto assets.

    Instead, the complaint says, Bankman-Fried diverted customers’ funds to Alameda Research without telling them.

    “He then used Alameda as his personal piggy bank to buy luxury condominiums, support political campaigns, and make private investments, among other uses,” the complaint reads.

    In the weeks after FTX’s collapse, but before his arrest, Bankman-Fried gave interviews to several news organizations in which he grasped for ways to explain what happened.

    For example, Bankman-Fried said he did not “knowingly” misuse customers’ funds, and that he believes angry customers will eventually get their money back.

    At Tuesday’s congressional hearing, the new FTX CEO bluntly disputed those assertions: “We will never get all these assets back,” Ray said.

    Jack Sharman, an attorney at Lightfoot, Franklin & White, said Bankman-Fried’s recent comments to the media could be damaging, admissible evidence in court. “Those statements in that speaking tour were in no way helpful to his cause,” Sharman said.

    In its complaint, the SEC challenged Bankman-Fried’s recent statements that FTX and its customers were victims of a sudden market collapse that overwhelmed safeguards that had been in place.

    “FTX operated behind a veneer of legitimacy,” said Gurbir Grewal, director of the SEC’s enforcement division. “That veneer wasn’t just thin, it was fraudulent.”

    The collapse of FTX — which followed other cryptocurrency debacles earlier this year — is adding urgency to efforts to regulate the industry.

    Yesha Yadav, a law professor at Vanderbilt University who specializes in financial and securities regulation, said U.S. lawmakers and regulators have been too slow to act, but that is likely to change.

    “Lawmakers are clearly under pressure to do something, given that so many people have lost their money,” she said.

    ——————

    Hussein contributed to this report from Washington.

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  • SEC charges former FTX CEO with defrauding crypto investors

    SEC charges former FTX CEO with defrauding crypto investors

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    NEW YORK — The U.S. Securities and Exchange Commission has charged the former CEO of failed cryptocurrency firm FTX with orchestrating a scheme to defraud investors.

    An SEC complaint filed Tuesday alleges that Sam Bankman-Fried raised more than $1.8 billion from equity investors since May 2019 by promoting FTX as a safe, responsible platform for trading crypto assets.

    The civil complaint says Bankman-Fried diverted customer funds to Alameda Research LLC, his privately-held crypto fund, without telling them. The complaint also says Bankman-Fried commingled FTX customers’ funds at Alameda to make undisclosed venture investments, lavish real estate purchases, and large political donations.

    “Bankman-Fried placed billions of dollars of FTX customer funds into Alameda. He then used Alameda as his personal piggy bank to buy luxury condominiums, support political campaigns, and make private investments, among other uses,” the complaint reads. “None of this was disclosed to FTX equity investors or to the platform’s trading customers.”

    Alameda did not segregate FTX investor funds and Alameda investments, the SEC said, using that money to “indiscriminately fund its trading operations,” as well as other ventures of Bankman-Fried.

    “We allege that Sam Bankman-Fried built a house of cards on a foundation of deception while telling investors that it was one of the safest buildings in crypto,” said SEC Chair Gary Gensler. “The alleged fraud committed by Mr. Bankman-Fried is a clarion call to crypto platforms that they need to come into compliance with our laws.”

    Bankman-Fried was arrested Monday in the Bahamas at the request of the U.S. government, U.S. and Bahamian authorities said.

    The arrest was made after the U.S. filed criminal charges that are expected to be unsealed Tuesday, according to U.S. Attorney Damian Williams. Bankman-Fried had been under criminal investigation by U.S. and Bahamian authorities following the collapse last month of FTX, which filed for bankruptcy on Nov. 11, when it ran out of money after the cryptocurrency equivalent of a bank run.

    The SEC charges are separate from the criminal charges expected to be unsealed later Tuesday.

    A spokesman for Bankman-Fried had no comment Monday evening. Bankman-Fried has a right to contest his extradition, which could delay but not likely stop his transfer to the U.S.

    Bankman-Fried’s arrest comes just a day before he was due to testify in front of the House Financial Services Committee. Rep. Maxine Waters, D-Calif., chairwoman of the committee, said she was “disappointed” that the American public, and FTX’s customers, would not get to see Bankman-Fried testify under oath.

    That hearing, however, will be held Tuesday despite the arrest of Bankman-Fried.

    Bankman-Fried was one of the world’s wealthiest people on paper, with an estimated net worth of $32 billion. He was a prominent personality in Washington, donating millions of dollars toward mostly left-leaning political causes and Democratic political campaigns. FTX grew to become the second-largest cryptocurrency exchange in the world.

    That all unraveled quickly last month, when reports called into question the strength of FTX’s balance sheet. Customers moved to withdraw billions of dollars, but FTX could not meet all the requests because it apparently used its customers deposits to cover bad bets at Bankman-Fried’s investment arm, Alameda Research.

    Bankman-Fried said recently that he did not “knowingly” misuse customers’ funds, and said he believes his millions of angry customers will eventually be made whole.

    The SEC challenged that assertion Tuesday in its complaint.

    “FTX operated behind a veneer of legitimacy Mr. Bankman-Fried created by, among other things, touting its best-in-class controls, including a proprietary ‘risk engine,’ and FTX’s adherence to specific investor protection principles and detailed terms of service. But as we allege in our complaint, that veneer wasn’t just thin, it was fraudulent,” said Gurbir Grewal, director of the SEC’s Division of Enforcement. “FTX’s collapse highlights the very real risks that unregistered crypto asset trading platforms can pose for investors and customers alike.”

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  • Former FTX CEO Sam Bankman-Fried arrested in the Bahamas

    Former FTX CEO Sam Bankman-Fried arrested in the Bahamas

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    NEW YORK (AP) — The former CEO of failed cryptocurrency firm FTX, Sam Bankman-Fried, has been arrested in the Bahamas at the request of the U.S. government, U.S. and Bahamian authorities said Monday.

    The arrest was made Monday after the U.S. filed criminal charges that are expected to be unsealed Tuesday, according to U.S. Attorney Damian Williams. Bankman-Fried had been under criminal investigation by U.S. and Bahamian authorities following the collapse last month of FTX. The firm filed for bankruptcy on Nov. 11, when it ran out of money after the cryptocurrency equivalent of a bank run.

    “We expect to move to unseal the indictment in the morning and will have more to say at that time,” Williams said.

    Bahamian Attorney General Ryan Pinder said the Bahamas would “promptly” extradite Bankman-Fried to the U.S. once the indictment is unsealed and U.S. authorities make a formal request. FTX is headquartered in the Bahamas and Bankman-Fried has largely remained in his Bahamian luxury compound in Nassau since the company’s failure.

    A spokesman for Bankman-Fried had no comment Monday evening. Bankman-Fried has a right to contest his extradition, which could delay but not likely stop his transfer to the U.S.

    Bankman-Fried’s arrest comes just a day before he was due to testify in front of the House Financial Services Committee. Rep. Maxine Waters, D-Calif., chairwoman of the committee, said she was “disappointed” that the American public, and FTX’s customers, would not get to see Bankman-Fried testify under oath.

    Bankman-Fried was one of the world’s wealthiest people on paper, with an estimated net worth of $32 billion. He was a prominent personality in Washington, donating millions of dollars toward mostly left-leaning political causes and Democratic political campaigns. FTX grew to become the second-largest cryptocurrency exchange in the world.

    That all unraveled quickly last month, when reports called into question the strength of FTX’s balance sheet. Customers moved to withdraw billions of dollars, but FTX could not meet all the requests because it apparently used its customers deposits to cover bad bets at Bankman-Fried’s investment arm, Alameda Research.

    Bankman-Fried said recently that he did not “knowingly” misuse customers’ funds, and said he believes his millions of angry customers will eventually be made whole.

    The House Financial Services Committee is still expected to hear testimony Tuesday from current CEO John Ray III. Ray, who took over FTX on Nov. 11 and is a long-time restructuring specialist, has said in court filings that the financial conditions at FTX were worse than at Enron.

    Bahamian authorities plan to continue their own investigation into Bankman-Fried.

    “The Bahamas and the United States have a shared interest in holding accountable all individuals associated with FTX who may have betrayed the public trust and broken the law,” said Bahamian Prime Minister Philip Davis, in a statement.

    The U.S. Securities and Exchange Commission said it had authorized separate charges related to alleged violations of securities laws and would file them publicly Tuesday.

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  • Former NFL player indicted for murder of his girlfriend, Harris County DA says | CNN

    Former NFL player indicted for murder of his girlfriend, Harris County DA says | CNN

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    CNN
     — 

    Former NFL player Kevin Ware has been indicted on charges of murder and tampering with evidence, specifically a corpse, in the death of his girlfriend, Taylor Pomaski, who disappeared in 2021, according to a news release from the Harris County District Attorney Kim Ogg.

    “Prosecutors presented the evidence to a Harris County grand jury, which determined there was sufficient evidence for criminal charges,” Ogg said in the release.

    CNN reached out to the Harris County District Clerk’s Office for the indictment and was told the case file is not viewable to the public at this time.

    Lacy Johnson, a chief prosecutor in the Major Offenders Division, who is handling the case, said, “Although this investigation has been going on since Taylor’s disappearance in 2021, the court process is just beginning, and we encourage anyone who has knowledge about what happened between Kevin and Taylor to come forward.”

    On May 11, 2021, Pomaski’s family reported her missing and “possibly endangered,” according to a Harris County Sheriff’s Office news release. An investigation revealed that she was last seen in April following a party at her residence, and the circumstances surrounding her disappearance “appeared suspicious.”

    In December 2021, authorities found remains they believed to be related to Pomaski. In April 2022, the remains were identified as belonging to Pomaski, online records show.

    Ware is currently in jail for an unrelated case, according to Montgomery County Jail records.

    Ware’s attorney did not immediately respond to CNN’s request for comment.

    According to the NFL official website, Kevin Ware had a two season career in the league.

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  • Breonna Taylor’s boyfriend settles lawsuits over shooting

    Breonna Taylor’s boyfriend settles lawsuits over shooting

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    LOUISVILLE, Ky. — The boyfriend of Breonna Taylor who fired a shot at police as they burst through Taylor’s door the night she was killed has settled two lawsuits against the city of Louisville, his attorneys said Monday.

    The city agreed to pay $2 million to settle lawsuits filed by Walker in federal and state court, one of his attorneys, Steve Romines said in a written statement. He added that Taylor’s death “will haunt Kenny for the rest of his life.”

    “He will live with the effects of being put in harm’s way due to a falsified warrant, to being a victim of a hailstorm of gunfire and to suffering the unimaginable and horrific death of Breonna Taylor,” Romines said.

    Walker and Taylor were settled in bed for the night when they were roused by knocking on her apartment door around midnight on March 13, 2020. Police were outside with a drug warrant, and they used a battering ram to knock down the door. Walker fired a single shot from a handgun, striking Sgt. John Mattingly in the leg. Mattingly and two other officers then opened fire, killing Taylor.

    Walker was initially charged with attempted murder of a police officer, but charges against him were eventually dropped as protests and news media attention on the Taylor case intensified in the spring of 2020.

    Walker told investigators he didn’t know police were at the door, and he thought an intruder was trying to break in.

    Earlier this year, U.S. Justice Department prosecutors charged three Louisville officers with a conspiracy to falsify the Taylor warrant. One of the now-former officers, Kelly Goodlett, has pleaded guilty and admitted to helping create a false link between Taylor and a wanted drug dealer.

    Walker wrote in an opinion piece in the Washington Post in August that a police officer had “finally taken some responsibility for the death of my girlfriend.”

    “Knowing all the problems that this failed raid would create, the Louisville police tried to use me as a scapegoat to deflect blame,” he wrote. “It almost worked.”

    Two other former officers involved in the warrant, Joshua Jaynes and Kyle Meany, are scheduled to go on trial in federal court next year.

    The city of Louisville paid a $12 million settlement to Taylor mother’s, Tamika Palmer, in September 2020.

    Walker’s attorneys said Monday that part of the settlement he received would be used to set up a scholarship fund for law school students interested in practicing civil rights law. Another portion will be contributed to the Center for Innovations in Community Safety, a police and community reform Center at Georgetown Law School.

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  • Mauritanian indicted in 3 deadly 2015 terror attacks in Mali

    Mauritanian indicted in 3 deadly 2015 terror attacks in Mali

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    NEW YORK — A Mauritanian national suspected of planning and coordinating three lethal attacks in 2015 on Westerners in Mali was arraigned in a New York federal court on Saturday, a day after being transferred to U.S. custody in Mali.

    Fawaz Ould Ahmed Ould Ahemeid faces multiple terrorism charges in a six-count indictment, including for his alleged role in the attacks on a restaurant and two hotels that killed a total of 38 people. The victims included five United Nations workers and a U.S. citizen.

    “Today, we have made clear that the United States is steadfast in our commitment to bring to justice those who commit barbaric acts of terrorism targeting innocent victims, including, as in this case, an American aid worker who was killed more than 4,000 miles from her home in Maryland,” U.S. Attorney Breon Peace said in a statement.

    Ahemeid, 44, also known as “Ibrahim Idress” and “Ibrahim Dix,” appeared in a federal court in Brooklyn, where U.S. Magistrate Judge James R. Cho ordered him to be detained, pending trial. Samuel Jacobson, one of Ahemeid’s federal public defenders, said they had no comment at this time.

    Ahemeid was previously sentenced to death in 2020 by a Malian court for his role in the same attacks. A spokesperson for U.S. Attorney’s Office said the Malian government agreed to turn him over to U.S. authorities.

    Alex Thurston, assistant professor at the University of Cincinnati, said “accountability for the organizers of terrorist attacks is important.” He noted “the case is unlikely to have much of an impact back in Mali, however, where most jihadist violence occurs far from the capital,” referring to more recent attacks in the West African nation.

    Ahemeid is charged with the murder of Anita Ashok Datar, the U.S. citizen who was among the 20 victims of a Nov. 20, 2015 attack on the Radisson Blu Hotel in Bamako, the capital of Mali. Datar, a 41-year-old public health expert from Takoma Park, Maryland, was a guest at the hotel and had been working for an international developing firm helping the U.S. Agency for International Development.

    Ahemeid also faces charges of unlawful use of firearms and explosives and helping provide support to the terrorist groups al-Mourabitoun and al-Qaida in the Islamic Maghreb, a group he allegedly joined in or around 2007.

    The charges also relate to the March 7, 2015 attack on the La Terrasse restaurant in Bamako, Mali where a masked gunman sprayed bullets in a restaurant popular with foreigners, killing five people, including French and Belgium nationals. Documents filed by prosecutors accuse Ahemeid of personally committing the attack, armed with two assault rifles, a pistol and grenades. The group al-Mourabitoun publicly claimed responsibility that day for the attack.

    The third attack occurred on Aug. 7, 2015 at the Hotel Byblos in Sevare, Mali, where 13 individuals, including the five U.N. workers, were killed after a gunman armed with an assault rifle and wearing a suicide vest opened fire. Al-Mourabitoun claimed responsibility for that attack as well.

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  • Fifth teenager pleads guilty in shooting near Iowa school

    Fifth teenager pleads guilty in shooting near Iowa school

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    DES MOINES, Iowa — Another teenager accused in a fatal shooting near an Iowa high school has admitted to the crime, marking the fifth guilty plea among the 10 people charged.

    Daniel Hernandez, 18, pleaded guilty Friday to second-degree murder and two counts of willful injury, the Des Moines Register reported. He had previously been charged with first-degree murder, two counts of attempted murder and two counts of willful injury.

    Ten teenagers were charged in the shooting that happened March 7 outside Des Moines’ East High School. Fifteen-year-old Jose Lopez died. His sister, 16-year-old Jessica Lopez, along with 18-year-old Kemery Ortega, were badly injured. Jose Lopez was not a student at the school, but the two injured teens were.

    Eight defendants were initially charged as adults with first-degree murder and other crimes while the remaining two were sent to juvenile court. Those accused ranged in age from 14 to 18 at the time of the crime.

    Hernandez said in a court hearing on Friday that he was involved in a “caravan” of three vehicles that fired shots as it rolled past the school. He didn’t say what prompted the gunfire. The victims were standing near a sidewalk when they were struck.

    The first suspect to be sentenced was 16-year-old Kevin Martinez, who pleaded guilty to intimidation with a deadly weapon and was sentenced to 20 years in prison.

    Two other suspects have pleaded guilty to second-degree murder and other charges. Another pleaded guilty to being an accessory after the fact and weapons charges.

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  • Peru’s ex-president faced bigotry for impoverished past

    Peru’s ex-president faced bigotry for impoverished past

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    LIMA, Peru — When Pedro Castillo won Peru’s presidency last year, it was celebrated as a victory by the country’s poor — the peasants and Indigenous people who live deep in the Andes and whose struggles had long been ignored.

    His supporters hoped Castillo, a populist outsider of humble roots, would redress their plight — or at least end their invisibility.

    But during 17 months in office before being ousted and detained Wednesday, supporters instead saw Castillo face the racism and discrimination they often experience. He was mocked for wearing a traditional hat and poncho, ridiculed for his accent and criticized for incorporating Indigenous ceremonies into official events.

    Protests against Castillo’s government featured a donkey — a symbol of ignorance in Latin America — with a hat similar to his. The attacks were endless, so much so that observers from the Organization of American States documented it during a recent mission to the deeply unequal and divided country.

    Castillo, however, squandered the popularity he enjoyed among the poor, along with any opportunity he had to deliver on his promises to improve their lives, when he stunned the nation by ordering Congress dissolved Wednesday, followed by his ouster and arrest on charges of rebellion. His act of political suicide, which recalled some of the darkest days of the nation’s anti-democratic past, came hours before Congress was set to start a third impeachment attempt against him.

    Now with Castillo in custody and the country being led by his former vice president, Dina Boluarte, it remains to be seen if she, too, will be subjected to the same discrimination.

    Boluarte, a lawyer who worked in the state agency that hands out identity documents before becoming vice president, is not part of Peru’s political elite either. She was raised in an impoverished town in the Andes, speaks one of the country’s Indigenous languages, Quechua, and, a leftist like Castillo, promised to “fight for the nobodies.”

    The Organization of American States, in a report published last week, noted that in Peru “there are sectors that promote racism and discrimination and do not accept that a person from outside traditional political circles occupy the presidential chair.”

    “This has resulted in insults toward the image of the president,” it said.

    After being sworn in as president Wednesday, Boluarte called for a truce with the lawmakers who ousted Castillo on charges of “permanent moral incapacity.”

    Peru has had six presidents in the last six years. In 2020, it cycled through three in a week.

    Castillo, a rural schoolteacher, had never held office before narrowly winning a runoff election in June 2021 after campaigning on promises to nationalize Peru’s key mining industry and rewrite the constitution, winning wide support in the impoverished countryside.

    Peru is the second-largest copper exporter in the world and mining accounts for almost 10% of its gross domestic product and 60% of its exports. But its economy was crushed by the coronavirus pandemic, increasing poverty and eliminating the gains of a decade.

    Castillo defeated by just 44,000 votes one of the most recognizable names among Peru’s political class: Keiko Fujimori, the daughter of former strongman Alberto Fujimori, who is serving a 25-year prison sentence for the murder of Peruvians executed during his government by a clandestine military squad.

    Keiko Fujimori’s supporters have often called Castillo “terruco,” or terrorist, a term often used by the right to attack the left, poor and rural residents.

    Once in office, Castillo went through more than 70 Cabinet choices, a number of whom have been accused of wrongdoing; faced two impeachment votes, and confronted multiple criminal investigations into accusations ranging from influence peddling to plagiarism.

    Omar Coronel, a sociology professor at Peru’s Pontific Catholic University, said while the corruption accusations and criticism of Castillo’s lack of experience have merit, they were tinged with racism, “a constant in any Peruvian equation.”

    “One can criticize his political inexperience, his clumsiness, his crimes,” Coronel said. But the way in which this was framed, that it was because Castillo was from a rural community with different customs, “is a deeply racist discourse and tremendously hypocritical,” because right-wing presidents have also faced corruption allegations.

    “Social media networks have been flooded with visceral racism during all these 17 months,” Coronel said.

    Some of Castillo’s remaining supporters have protested and blocked roads across the country since his arrest. They have also gathered outside the detention facility where he and Alberto Fujimori are held.

    “They have called him all sorts of discriminatory words,” Castillo supporter Fernando Picatoste said Friday outside the prison. “It’s a racial issue. In Congress, lawmakers, who supposedly have national representation, … have the audacity to insult the president.”

    ———

    Associated Press writer Franklin Briceño contributed to this report.

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  • Jury goes a week with no verdict at Weinstein rape trial

    Jury goes a week with no verdict at Weinstein rape trial

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    LOS ANGELES — Jurors at the Los Angeles rape and sexual misconduct trial of Harvey Weinstein have been deliberating for a week without reaching a verdict.

    The jury of eight men and four women went home Friday afternoon and will return to resume deliberations on Monday morning.

    They must decide on two counts of rape and five other sexual assault counts against the 70-year-old former movie magnate.

    The jurors have had no questions for the court that might provide insight into the status of their work.

    They got the case at the end of closing arguments on Dec. 2. They have been deliberating for 5 1/2 days, or about 24 hours total.

    The only issue raised, and the only time the attorneys have returned to the courtroom in a week, came Friday morning when one of the five alternate jurors asked if he could be excused because of travel plans. Weinstein’s lawyers objected, and the judge rejected the request.

    Weinstein still has more than 20 years left on his sentence in New York after a rape and sexual assault conviction there that is under appeal.

    In California, he could get 60 years to life in prison if he’s convicted on all counts involving all four women he’s charged with assaulting.

    All four testified during the trial, along with four other accusers who testified for prosecutors attempting to show a propensity for such acts by Weinstein.

    Prosecutors urged jurors to end the “reign of terror” of a man they called a “degenerate rapist.”

    Weinstein’s lawyers argued that two of the women’s accusations are entirely fabricated and two others reframed consensual sexual encounters as assault years later, after the #MeToo movement made Weinstein a target.

    He has pleaded not guilty and denied engaging in any non-consensual sex.

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  • Warnings on gay club shooter stir questions about old case

    Warnings on gay club shooter stir questions about old case

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    DENVER — A California woman who warned a judge last year about the danger posed by the suspect in the Colorado Springs gay nightclub shooting said Friday that the deaths could have been prevented if earlier charges against the suspect weren’t dismissed.

    Jeanie Streltzoff — a relative of alleged shooter Anderson Lee Aldrich — urged Colorado Judge Robin Chittum in a letter last November to incarcerate the suspect following a 2021 standoff with SWAT teams that uncovered a stockpile of more than 100 pounds (45 kilograms) of explosive material, firearms and ammunition.

    Aldrich should have been in prison at the time of the shooting and prevented from obtaining weapons, she told The Associated Press on Friday.

    “Five people died,” Streltzoff said, hushing the final word. “Someone should have done something.”

    Streltzoff blamed Aldrich’s grandmother and mother for dodging subpoenas that would have forced them to testify in the bomb threat case. But documents unsealed Thursday also raised questions about whether authorities were aggressive enough in their pursuit of a conviction or could have sought different charges when it became clear Aldrich’s mother, Laura Voepel, and grandparents Jonathan and Pamela Pullen wouldn’t testify.

    The case was derailed because prosecutors couldn’t properly serve subpoenas to the Pullens, who had moved to Florida, and Voepel, who was still in Colorado Springs, and ran out of time under fair trial rules, according to District Attorney Michael Allen and court documents.

    George Washington University Law Professor Jonathan Turley said he found the district attorney’s explanations of why he dropped the case “incomplete” and was surprised Allen didn’t amend the charges to involve the threat to the police and community.

    “This was a potential crime that didn’t just solely impact the grandparents,” Turley said. “This was a three hour standoff. This was disruptive. The police were threatened.”

    It’s rare for a criminal case to fall apart over a failure to deliver subpoenas to a couple victims or witnesses, Turley said. He also noted that police and prosecutors have enhanced abilities to access property and serve people in criminal cases.

    Aldrich, 22, who is nonbinary and uses they/them pronouns according to defense attorneys, was initially charged with kidnapping and other felonies in the 2021 case.

    Court documents describe how Aldrich told frightened grandparents about firearms and bomb-making material in their basement, talked of plans to become the “next mass killer,” and vowed not to let them interfere with plans to “go out in a blaze.” Aldrich livestreamed on Facebook a subsequent confrontation with SWAT teams at the house of mother Laura Voepel.

    Former deputy district attorney Mark Waller, who ran against Allen in the last election, said prosecutors should have amended charges to obstruction of justice, given that Aldrich was deemed so dangerous a SWAT team and bomb squad had to be deployed and surrounding homes evacuated.

    “They have that video of (Aldrich) saying he’s going to blow everything up. They could have easily charged … obstruction of justice,” said Waller. “It could have prevented this whole thing from happening.”

    A spokesperson for the district attorney’s office, Howard Black, said “numerous” attempts were made to serve subpoenas in the case but did not provide further details.

    About a week before the case was dismissed, a lawyer for Pamela Pullen asked the court to quash, or reject, a subpoena that had been left in her mailbox. It’s not clear when that subpoena had been left for her. Black said it was “just one attempt of many” to subpoena Pullen.

    He dismissed the idea prosecutors could have pursued charges for the harm caused to neighbors during the bomb scare, noting that evacuations happen a lot. Prosecutors filed charges based on the evidence they had and what they ethically believed they could prove in court, Black said.

    Pullen’s attorney in the bomb threat case, Aaron Gaddis, did not immediately respond to a phone message seeking comment. Phone calls to Pamela and Jonathan Pullen have not been returned.

    Jonathan Pullen is Streltzoff’s brother and Aldrich’s step-grandfather. Streltzoff said he is a “gentle soul” who had lived in fear of his grandchild for years.

    In the letter Streltzoff and her older brother, Robert Pullen, wrote to the court in November 2021, they detailed multiple instances of Aldrich menacing their brother, who they said “lived in a virtual prison.”

    Aldrich punched holes in the walls of the grandparents’ Colorado home and broke windows, and the grandparents “had to sleep in their bedroom with the door locked” and a bat by the bed, they wrote. They also said Pamela Pullen gave Aldrich $30,000, used to buy a 3D printer to make gun parts.

    Streltzoff said Aldrich was treated with “kid gloves” by their grandmother “no matter what” they did.

    During Aldrich’s teenage years in San Antonio, the letter said Aldrich attacked Jonathan Pullen and sent him to the emergency room with undisclosed injuries. Jonathan Pullen later lied to police out of fear of Aldrich, according to the letter, which also said the suspect could not get along with classmates as a youth so had been homeschooled.

    Streltzoff said Friday from the doorway of her Southern California home that the letter actually underplayed how menacing Aldrich was. She said they had “terrorized my younger brother for years.”

    She hasn’t seen Jonathan Pullen since 2010 and has lost touch with him since the bomb scare. He hasn’t returned her recent call and text messages and her other brother hasn’t spoken with him.

    “No one knows where they are now,” Streltzoff said.

    Aldrich tried to reclaim guns seized by authorities after the 2021 threat, but they were not returned, according to Allen. But soon after the charges were dropped, Aldrich boasted of having regained firearms and showed former roommate Xavier Kraus two rifles, body armor and incendiary rounds, Kraus told AP.

    Aldrich was formally charged Tuesday with 305 criminal counts, including hate crimes and murder, in the Nov. 19 shooting at Club Q, a sanctuary for the LGBTQ community in mostly conservative Colorado Springs.

    Investigators say Aldrich entered just before midnight with an AR-15-style semi-automatic rifle and began shooting during a drag queen’s birthday celebration. Patrons stopped the killing by wrestling the suspect to the ground and beating Aldrich into submission, witnesses said.

    ————

    Melley reported from Los Angeles and Condon from New York. Matthew Brown contributed from Billings, Mont.

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  • Squirrel shooter arrested after bullet breaks child’s window

    Squirrel shooter arrested after bullet breaks child’s window

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    EAST GRAND FORKS, Minn. — A 76-year-old Minnesota man is facing criminal charges because he was shooting at a squirrel and a bullet went through a child’s bedroom window in a neighboring home.

    East Grand Forks Police said they arrested the man Sunday after his neighbor reported some bullet holes in the siding of their home and a hole in the window of their son’s bedroom.

    The man told officers he had been watching ball games on television and noticed a squirrel on his bird feeder, according to police. He told officers he shot a .22-caliber rifle from his bedroom window at the squirrel and believed he hit the animal.

    He told officers he had shot at squirrels at least six times over the past two years because he considered it “war” when they got into his bird feeder, according to court documents.

    The man’s wife said to him, “Well, I told you” as he was being arrested, police said.

    The man is charged with recklessly handling a dangerous weapon, a misdemeanor, and a felony count of discharging a firearm within a municipality. He faces up to two years in prison and a $5,000 fine for the felony charge.

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  • Griner case latest in string of high-profile prisoner swaps

    Griner case latest in string of high-profile prisoner swaps

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    Associated Press — Delicate negotiations between the United States and Russia led to basketball star Brittney Griner’s return Friday in exchange for notorious arms dealer Viktor Bout, once nicknamed “the Merchant of Death.”

    It’s the latest in a series of high-profile prisoner swaps involving Americans detained abroad. Here is a look at some of the most notable exchanges.

    ———

    FRANCIS GARY POWERS, 1962

    Perhaps the most famous one came at the height of the Cold War when Powers, a high-altitude U-2 spy plane pilot who was shot down over the Soviet Union in 1960, was exchanged on a German bridge for Russian spy Col. Rudolph Abel.

    The swap was depicted in Steven Spielberg’s 2015 movie “Bridge of Spies.”

    Powers was criticized by some for allowing himself to be captured but cleared of wrongdoing. Documents declassified in 1998 show that Soviet intelligence gained no vital information from him, according his biography on the National Air and Space Museum’s website.

    ———

    NICHOLAS DANILOFF, 1986

    In August 1986, Gennadiy Zakharov, a 39-year-old Soviet physicist and United Nations employee, was arrested by the FBI on federal espionage charges.

    Days later Daniloff, the Moscow bureau chief for U.S. News & World Report, was arrested by the KGB after a Soviet acquaintance handed him a closed package containing maps marked “top secret.”

    The administration of President Ronald Reagan called Daniloff’s detention a “setup,” though Moscow denied it was retaliation for Zakharov’s arrest.

    That September, Daniloff was released and Zakharov was allowed to leave the U.S.

    ———

    BOWE BERGDAHL, 2014

    Bergdahl, a U.S. Army sergeant, was handed over to U.S. special forces in May 2014 after nearly five years in captivity in Afghanistan and arrived at at Fort Sam Houston in San Antonio the following month.

    In exchange, the United States released five Taliban prisoners being held at the U.S. military prison at Guantanamo Bay, Cuba.

    Bergdahl had vanished from a base in Afghanistan’s Paktika province near the border with Pakistan in June 2009 and was called a deserter by some. He pleaded guilty to desertion and endangering his comrades in October 2017 and was dishonorably discharged, but was not imprisoned.

    ———

    TREVOR REED, 2022

    Earlier this year Reed, a Marine veteran imprisoned in Russia for nearly three years, was swapped for Konstantin Yaroshenko, a Russian pilot who had been serving a 20-year federal sentence for conspiring to smuggle cocaine into the U.S.

    Reed was arrested in summer 2019 and later sentenced to nine years in prison after Russian authorities said he assaulted an officer while being driven to a police station following a night of heavy drinking.

    The U.S. government said he was unjustly detained, and his family maintained his innocence.

    Yaroshenko was arrested in Liberia in 2010 and extradited to the U.S on drug trafficking charges.

    ———

    US-IRAN SWAP, 2016

    Four Americans including Washington Post reporter Jason Rezaian, former U.S. Marine Amir Hekmati, Christian pastor Saeed Abedini and Nosratollah Khosravi-Roodsari were released from prison by Iranian authorities in January 2016.

    The U.S. pardoned or dropped charges against seven Iranians.

    Rezaian and Hekmati, who were both charged with espionage by Tehran, said they were tortured while in custody. Abedini was detained for compromising national security, presumably because of Christian proselytizing.

    ———

    RUSSIAN SLEEPER AGENTS, 2010

    In what was called the biggest spy swap since the end of the Cold War, 10 sleeper agents who infiltrated suburban America were sentenced to time served and deported in July 2010 after pleading guilty to conspiracy.

    They included Anna Chapman, whose sultry photos on social media sites made her a tabloid sensation.

    They were exchanged for four Russian prisoners convicted of spying for the West.

    ———

    List compiled by Associated Press writer Mark Pratt in Boston.

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  • Flint water crisis charges dismissed against ex-Gov. Snyder

    Flint water crisis charges dismissed against ex-Gov. Snyder

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    FLINT, Mich. — A judge dismissed criminal charges against former Michigan Gov. Rick Snyder in the Flint water crisis, months after the state Supreme Court said indictments returned by a one-person grand jury were invalid.

    Snyder, a Republican who left office in 2019, was charged with two misdemeanor counts of willful neglect of duty. He was the first person in state history to be charged for alleged crimes related to service as governor.

    Snyder also is the eighth person to have a Flint water case thrown out after the Supreme Court’s unanimous June opinion.

    Genesee County Judge F. Kay Behm signed the order Wednesday, a day after the U.S. Senate approved her nomination to become a federal judge in eastern Michigan.

    “The charges against (Snyder) were not properly brought and must be dismissed at this time,” Behm wrote.

    Only one case remains pending in the water scandal, which not only exposed children to toxic lead but was blamed for nine deaths linked to an outbreak of Legionnaires’ disease. Activists who believe crimes were committed are frustrated that no one has been locked up.

    The Michigan attorney general’s office has desperately tried to keep the cases alive but so far has lost at every turn. Prosecutors have argued that the indictments could simply be turned into common criminal complaints in district court, but Behm and another judge have rejected that approach.

    Flint’s water became tainted with lead after city managers appointed by Snyder began using the Flint River in 2014 to save money while a new pipeline to Lake Huron was built. The water wasn’t treated to reduce its corrosive qualities, causing lead to break off from old pipes and contaminate the system for more than a year.

    The Michigan Civil Rights Commission said it was the result of systemic racism, doubting that the water switch and the brush-off of complaints in the majority-Black city would have occurred in a white, prosperous community.

    Flint residents complained about the water’s smell, taste and appearance, raising health concerns and reporting rashes, hair loss and other problems. Snyder didn’t acknowledge that lead was a problem until 17 months after the water switch, in fall 2015, when he pledged to take action.

    Snyder acknowledged that state government had botched the water switch, especially regulators who didn’t require certain treatments. But his lawyers argued that criminal charges were the result of “political persecution” by the attorney general’s office.

    Michigan prosecutors typically file charges in a district court after a police investigation. A one-judge grand jury was rare and had mostly been used in Detroit and Flint to protect witnesses who could testify in private about violent crimes.

    State prosecutors, however, chose that path in the Flint water saga to hear evidence in secret and get indictments against Snyder and others.

    But the state Supreme Court unanimously said a one-judge grand jury can’t issue indictments. The process apparently had never been challenged.

    Judge Elizabeth Kelly in October dismissed felony charges against seven people, including two senior health officials from Snyder’s administration, Nick Lyon and Eden Wells, who had been charged with involuntary manslaughter in nine Legionnaires’ deaths.

    A former Flint public works official, Howard Croft, still has misdemeanors pending with a different judge.

    ———

    Follow Ed White at http://twitter.com/edwritez

    ———

    This version corrects that the misdemeanors were for willful neglect of duty, not misconduct.

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  • Club shooter’s 2021 bomb case dropped, family uncooperative

    Club shooter’s 2021 bomb case dropped, family uncooperative

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    COLORADO SPRINGS, Colo. — The Colorado Springs gay nightclub shooter had charges dropped in a 2021 bomb threat case after family members who were terrorized in the incident refused to cooperate, according to the district attorney and unsealed court documents.

    The charges were dropped despite authorities a finding a tub with more than 100 pounds (45 kilograms) of explosive materials and later receiving warnings from other relatives that suspect Anderson Lee Aldrich was sure to hurt or murder a set of grandparents if freed, according to the documents, which were unsealed Thursday.

    In a letter last November to state District Court Judge Robin Chittum, the relatives painted a picture of an isolated, violent person who did not have a job and was given $30,000 that was spent largely on the purchase of 3D printers to make guns. Chittum is the same judge who ruled to unseal the case Thursday.

    Aldrich tried to reclaim guns seized after the threat, but authorities did not return the weapons, El Paso County District Attorney Michael Allen said. The case included allegations that Aldrich threatened to kill the grandparents in a chilling confrontation in which he said the suspect planned become the “next mass killer” more than a year before the nightclub attack that killed five people.

    The suspect’s mother and the grandparents derailed that earlier case by evading prosecutors’ efforts to serve them with a subpoena, leading to a dismissal of the charges after defense attorneys said speedy trial rules were at risk, Allen said.

    Testifying at a hearing two months after the threat, the suspect’s mother and grandmother described Aldrich in court as a “loving” and “sweet” young person who did not deserve to be jailed, the prosecutor said.

    The former district attorney who was replaced by Allen told The Associated Press he faced many cases in which people dodged subpoenas, but the inability to serve Aldrich’s family seemed extraordinary.

    “I don’t know that they were hiding, but if that was the case, shame on them,” Dan May said of the suspect’s family. “This is an extreme example of apparent manipulation that has resulted in something horrible.”

    Aldrich’s attorney, public defender Joseph Archambault, had argued against the document release, saying Aldrich’s right to a fair trial was paramount.

    “This will make sure there is no presumption of innocence,” Archambault said.

    The grandmother’s in-laws wrote to the court in November 2021 saying Alrich was a continuing danger and should remain incarcerated. The letter also said police tried to hold Aldrich for 72 hours after a prior response to the home, but the grandmother intervened.

    “We believe that my brother, and his wife, would undergo bodily harm or more if Anderson were released. Besides being incarcerated, we believe Anderson needs therapy and counseling,” Robert Pullen and Jeanie Streltzoff wrote. They said Aldrich had punched holes in the walls of the grandparents’ Colorado home and broken windows and that the grandparents “had to sleep in their bedroom with the door locked” and a bat by the bed.

    During Aldrich’s teenage years in San Antonio, the letter said, Aldrich attacked the grandfather and sent him to the emergency room with undisclosed injuries. The grandfather later lied to police out of fear of Aldrich, according to the letter, which said the suspect could not get along with classmates as a youth so had been homeschooled.

    The judge’s order came after news organizations, including the AP, sought to unseal the documents, and two days after the AP published portions of the documents that were verified with a law enforcement official.

    Aldrich, 22, was arrested in June 2021 on allegations of making a threat that led to the evacuation of about 10 homes. The documents describe how Aldrich told the frightened grandparents about firearms and bomb-making material in the grandparents’ basement and vowed not to let them interfere with plans for Aldrich to be “the next mass killer” and “go out in a blaze.”

    Aldrich — who uses they/them pronouns and is nonbinary, according to their attorneys — holed up in their mother’s home in a standoff with SWAT teams and warned about having armor-piercing rounds and a determination to “go to the end.” Investigators later searched the mother’s and grandparents’ houses and found and seized handguns, hundreds of rounds of ammunition, body armor, magazines, a gas mask and a 12-gallon tub with explosive chemicals.

    The tub had bags with an estimated 113 pounds (51 kilograms) of ammonium nitrate and packets of aluminum powder that are explosive when combined, the documents show.

    The bags were labeled “Tannerite,” a brand of legal exploding targets used for sighting rifles, documents show. The unregulated material has been used in bombings and attacks, including in 2016 with bombs placed in New York City and New Jersey. The Las Vegas gunman who killed 58 people in 2017 suspect had 50 pounds (23 kilograms) of Tannerite in his car.

    A sheriff’s report said there had been prior calls to law enforcement referring to Aldrich’s “escalating homicidal behavior” but did not elaborate. A sheriff’s office spokesperson did not immediately provide more information.

    The grandparents’ call to 911 led to the suspect’s arrest, and Aldrich was booked into jail on suspicion of felony menacing and kidnapping. But after their bond was set at $1 million, Aldrich’s mother and grandparents sought to lower the bond, which was reduced to $100,000 with conditions including therapy.

    The case was dropped when attempts to serve the family members with subpoenas to testify against Aldrich failed, according to Allen. Both grandparents moved out of state, complicating the subpoena process, Allen said.

    Grandmother Pamela Pullen said through an attorney that there was a subpoena in her mailbox, but it was never handed to her personally or served properly, documents show.

    “At the end of the day, they weren’t going to testify against Andy,” Xavier Kraus, a former friend and neighbor of Aldrich, told the AP.

    Kraus said he had text messages from Aldrich’s mother saying she and the suspect were “hiding from somebody.” He later found out the family had been dodging subpoenas. Aldrich’s “words were, ‘They got nothing. There’s no evidence,’” Kraus said.

    A protective order against the suspect that was in place until July 5 prevented Aldrich from possessing firearms, the El Paso County Sheriff’s Office said.

    Soon after the charges were dropped, Aldrich began boasting that they had regained access to firearms, Kraus said, adding that Aldrich had shown him two assault-style rifles, body armor and incendiary rounds.

    Aldrich “was really excited about it,” Kraus said, and slept with a rifle nearby under a blanket.

    Relatives of Aldrich’s grandmother said after the suspect’s 2021 arrest that she had recently given Aldrich $30,000, “much of which went to his purchase of two 3D printers — on which he was making guns,” according to documents in the case.

    Aldrich’s statements in the bomb case raised questions about whether authorities could have used Colorado’s “red flag” law to seize weapons from the suspect.

    El Paso County Sheriff Bill Elder released a statement Thursday saying there was no need to ask for a red flag order because Aldrich’s weapons had already been seized as part of the arrest and Aldrich couldn’t buy new ones.

    The sheriff also rejected the idea that he could have asked for a red flag order after the case was dismissed. The bombing case was too old to argue there was danger in the near future, Elder said, and the evidence was sealed a month after the dismissal and could not be used.

    “There was no legal mechanism” to take guns following the case dismissal, the sheriff said.

    Under Colorado law, records are automatically sealed when a case is dropped and defendants are not prosecuted, as happened in Aldrich’s 2021 case. Once sealed, officials cannot acknowledge that the records exist, and the process to unseal the documents initially happens behind closed doors with no docket to follow and an unnamed judge.

    Chittum said the “profound” public interest in the case outweighed Aldrich’s privacy rights. The judge added that scrutiny of judicial cases is “foundational to our system of government.”

    During Thursday’s hearing, Aldrich sat at the defense table looking straight ahead or down at times and did not appear to show any reaction when their mother’s lawyer asked that the case remain sealed.

    Aldrich was formally charged Tuesday with 305 criminal counts, including hate crimes and murder, in the Nov. 19 shooting at Club Q, a sanctuary for the LGBTQ community in mostly conservative Colorado Springs.

    Investigators say Aldrich entered just before midnight with an AR-15-style semiautomatic rifle and began shooting during a drag queen’s birthday celebration. Patrons stopped the killing by wrestling the suspect to the ground and beating Aldrich into submission, witnesses said.

    Seventeen people suffered gunshot wounds but survived, authorities said.

    ———

    Mustian, Balsamo and Condon reported from New York, and Bedayn reported from Denver. Matthew Brown in Billings, Montana, contributed to this report. Bedayn is a corps member for The Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.

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  • Cop who held Floyd’s torso to be sentenced for manslaughter

    Cop who held Floyd’s torso to be sentenced for manslaughter

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    MINNEAPOLIS — The former Minneapolis police officer who kneeled on George Floyd’s back while another officer kneeled on the Black man’s neck is expected to be sentenced Friday to 3 1/2 years in prison for manslaughter.

    J. Alexander Kueng pleaded guilty in October to a state count of aiding and abetting second-degree manslaughter. The plea came on the same day jury selection was set to begin in his trial. His guilty plea — along with another officer’s decision to let a judge decide his fate — averted what would have been the third long and painful trial over Floyd’s killing.

    Floyd died on May 25, 2020, after former Officer Derek Chauvin kneeled on Floyd’s neck for 9 1/2 minutes as Floyd repeatedly said he couldn’t breathe and eventually went limp. The killing, which was recorded on video by a bystander, sparked worldwide protests as part of a broader reckoning over racial injustice.

    Kueng kneeled on Floyd’s back during the restraint. Then-Officer Thomas Lane held Floyd’s legs and Tou Thao, also an officer at the time, kept bystanders from intervening. All of the officers were fired and faced state and federal charges.

    Kueng, who is already serving a federal sentence for violating Floyd’s civil rights, will appear at Friday’s sentencing hearing via video from a low-security federal prison in Ohio. Kueng has the right to make a statement, but it’s not known if he will.

    Floyd’s family members also have the right to make victim impact statements.

    As part of his plea agreement, Kueng admitted that he held Floyd’s torso, that he knew from his experience and training that restraining a handcuffed person in a prone position created a substantial risk, and that the restraint of Floyd was unreasonable under the circumstances.

    Kueng agreed to a state sentence of 3 1/2 years in prison, to be served at the same time as his federal sentence and in federal custody.

    Kueng’s sentencing will bring the cases against all of the former officers a step closer to resolution, though the state case against Thao is still pending.

    Thao previously told Judge Peter Cahill that it “would be lying” to plead guilty. In October, he agreed to what’s called a stipulated evidence trial on the aiding and abetting manslaughter count. As part of that process, his attorneys and prosecutors are working out agreed-upon evidence in his case and filing written closing arguments. Cahill will then decide whether he is guilty or not.

    If Thao is convicted, the murder count — which carries a presumptive sentence of 12 1/2 years in prison — will be dropped.

    Chauvin, who is white, was convicted of state murder and manslaughter charges last year and is serving 22 1/2 years in the state case. He also pleaded guilty to a federal charge of violating Floyd’s civil rights and was sentenced to 21 years. He is serving the sentences concurrently at the Federal Correctional Institution in Tucson, Arizona.

    Kueng, Lane and Thao were convicted of federal charges in February: All three were convicted of depriving Floyd of his right to medical care and Thao and Kueng were also convicted of failing to intervene to stop Chauvin during the killing.

    Lane, who is white, is serving his 2 1/2-year federal sentence at a facility in Colorado. He’s serving a three-year state sentence at the same time. Kueng, who is Black, was sentenced to three years on the federal counts; Thao, who is Hmong American, got a 3 1/2-year federal sentence.

    ———

    Groves reported from Sioux Falls, South Dakota.

    ———

    For more AP coverage of the killing of George Floyd: https://apnews.com/hub/death-of-george-floyd

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  • ‘Merchant of Death’ Viktor Bout now part of a deal himself

    ‘Merchant of Death’ Viktor Bout now part of a deal himself

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    MOSCOW — Russian arms dealer Viktor Bout, swapped Thursday for WNBA star Brittney Griner, is widely known abroad as the “Merchant of Death” who fueled some of the world’s worst conflicts.

    In Russia, however, he’s seen as a swashbuckling businessman who was unjustly imprisoned after an overly aggressive U.S. sting operation.

    The 2005 Nicolas Cage movie “Lord of War” was loosely based on Bout, a former Soviet air force officer who gained fame supposedly by supplying weapons for civil wars in South America, the Middle East and Africa. His clients were said to include Liberia’s Charles Taylor, longtime Libyan leader Moammar Gadhafi and both sides in Angola’s civil war.

    On Thursday, the U.S. and Russia announced that Griner had been exchanged for Bout, and that he was headed home.

    Russia had pressed for Bout’s release for years and as speculation grew about such a deal, the upper house of parliament opened a display of paintings he made in prison – whose subjects ranged from Soviet dictator Josef Stalin to a kitten.

    The show of his art underlined Bout’s complexities. Though in a bloody business, the 55-year-old was a vegetarian and classical music fan who is said to speak six languages.

    Even the former federal judge who sentenced him in 2011 thought his 11 years behind bars was adequate punishment.

    “He’s done enough time for what he did in this case,” Shira A. Scheindlin told The Associated Press in July as prospects for his release appeared to rise.

    Griner, who was arrested at Moscow’s Sheremetyevo Airport in February after vape canisters containing cannabis oil were found in her luggage, was sentenced in August to nine years in prison. Washington protested her sentence as disproportionate, and some observers suggested that trading an arms merchant for someone jailed for a small amount of drugs would be a poor deal.

    Bout was convicted in 2011 on terrorism charges. Prosecutors said he was ready to sell up to $20 million in weapons, including surface-to-air missiles to shoot down U.S. helicopters. When they made the claim at his 2012 sentencing, Bout shouted: “It’s a lie!”

    Bout has steadfastly proclaimed his innocence, describing himself as a legitimate businessman who didn’t sell weapons.

    Bout’s case fit well into Moscow’s narrative that Washington sought to trap and oppress innocent Russians on flimsy grounds.

    “From the resonant Bout case, a real ‘hunt’ by Americans for Russian citizens around the world has unfolded,” the government newspaper Rossiiskaya Gazeta wrote last year.

    Increasingly, Russia cited his case as a human rights issue. His wife and lawyer claimed his health deteriorated in the harsh prison environment where foreigners are not always eligible for breaks that Americans might receive.

    Bout had not been scheduled to be released until 2029. He was held in a medium-security facility in Marion, Illinois.

    “He got a hard deal,” said Scheindlin, the retired judge, noting the U.S. sting operatives “put words in his mouth” so he’d say he was aware Americans could die from weapons he sold in order to require a terrorism enhancement that would force a long prison sentence, if not a life term.

    Scheindlin gave Bout the mandatory minimum 25-year sentence but said she did so only because it was required.

    At the time, his defense lawyer claimed the U.S. targeted Bout vindictively because it was embarrassed that his companies helped deliver goods to American military contractors involved in the war in Iraq.

    The deliveries occurred despite United Nations sanctions imposed against Bout since 2001 because of his reputation as a notorious illegal arms dealer.

    Prosecutors had urged Scheindlin to impose a life sentence, saying that if Bout was right to call himself nothing more than a businessman, “he was a businessman of the most dangerous order.”

    Bout was estimated to be worth about $6 billion in March 2008 when he was arrested in Bangkok, Thailand. U.S. authorities tricked him into leaving Russia for what he thought was a meeting over a business deal to ship what prosecutors described as “a breathtaking arsenal of weapons — including hundreds of surface-to-air missiles, machine guns and sniper rifles — 10 million rounds of ammunition and five tons of plastic explosives.”

    He was taken into custody at a Bangkok luxury hotel after conversations with the Drug Enforcement Administration sting operation’s informants who posed as officials of the Revolutionary Armed Forces of Colombia, also known as the FARC. The group had been classified by Washington as a narco-terrorist group.

    He was brought to the U.S. in November 2010.

    The “Merchant of Death” moniker was attached to Bout by a high-ranking minister of Britain’s Foreign Office. The nickname was included in the U.S. government’s indictment of Bout.

    ———

    Associated Press writer Larry Neumeister in New York contributed.

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  • Polygamous ‘prophet’ leader had child brides, documents say

    Polygamous ‘prophet’ leader had child brides, documents say

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    FLAGSTAFF, Ariz. — The leader of a small polygamous group on the Arizona-Utah border had taken at least 20 wives, most of them minors, and punished followers who did not treat him as a prophet, newly filed federal court documents show.

    The filing provides insight into what investigators have found in a case that first became public in August. It came as federal authorities charged three of the self-declared prophet’s wives with kidnapping and impeding a foreseeable prosecution after eight girls associated with the group fled from state foster care.

    Naomi Bistline and Donnae Barlow appeared in federal magistrate court in Flagstaff on Wednesday. They remain jailed and have court hearings scheduled next week. Moretta Rose Johnson is awaiting extradition from Washington state.

    The FBI affidavit filed in the women’s case centers on Samuel Bateman, who proclaimed himself a prophet in 2019. Authorities wrote that Bateman orchestrated sexual acts involving minors and gave wives as gifts to his male followers, claiming to do so on orders from the “Heavenly Father.” The men supported Bateman financially and gave him their own wives and young daughters as wives.

    Bateman, 46, has pleaded not guilty to state child abuse charges and federal charges of tampering with evidence. A trial on the federal charges is scheduled for January. He remains imprisoned in Arizona.

    Bateman was a former member of the Fundamentalist Church of Jesus Christ of Latter-Day Saints, until he left in recent years and started his own small offshoot group, said Sam Brower, who has spent years investigating the group. Bateman was once among the trusted followers of imprisoned leader Warren Jeffs, but Jeffs denounced Bateman in a written revelation sent to his followers from prison, Brower said.

    Jeffs is serving a life sentence in Texas for child sex abuse related to underage marriages.

    The FLDS is itself a breakaway sect of the Church of Jesus Christ of Latter-Day Saints, widely known as the Mormon Church. Polygamy is a legacy of the early teachings of the mainstream church, but it abandoned the practice in 1890 and now strictly prohibits it.

    Federal officials contend Bateman engaged in horrific acts with children and called upon his followers to help cover his tracks. His followers say federal officials have falsely accused him and claim something else is at play.

    Barlow’s sister, Alice Barlow, said the community is supportive, children are happy and wives consider each other sisters. She said Bateman is a “sweet, gentle spirit,” who teaches that forgiveness and repentance are within reach.

    “What they’re trying to do is annihilate a religion,” she told The Associated Press following Wednesday’s hearing. “Samuel is a prophet and a savior in this world. He hasn’t done wrong. They’ve got to realize that God will defend his prophet.”

    According to the FBI affidavit, Bateman demanded that his followers confess publicly for any indiscretions, and shared those confessions widely. He claimed the punishments, which ranged from a time out to public shaming and sexual activity, came from the Lord, the affidavit states. Bateman lived in Colorado City, a community that straddles the border between Arizona and Utah, among a patchwork of devout members of the polygamous FLDS, ex-FLDS members and those who don’t practice the beliefs. Bateman and his followers believe polygamy brings exaltation in heaven.

    He once tried to take his only daughter as a wife, but she told her mother about her father’s plan and the mother and daughter moved out and got a restraining order against Bateman. The mother was Bateman’s only wife in 2019, before Bateman started taking more wives.

    Bateman was first arrested in August when someone spotted small fingers in the gap of a trailer he was hauling through Flagstaff. Police found three girls, between 11 and 14, in a makeshift room in the unventilated trailer.

    The girls told authorities they didn’t have any health or medical needs, according to an Arizona Department of Public Safety report.

    Bateman posted bond but was arrested again in September and charged with obstructing justice in a federal investigation into whether children were being transported across state lines for sexual activity. Authorities said that following his first arrest he instructed his followers to obtain passports and to delete messages sent through an encrypted messaging app.

    Alice Barlow said the family already was planning to get passports for a family trip to Mexico, not to evade authorities.

    At the time of the September arrest, authorities removed nine children from Bateman’s home in Colorado City and placed them in foster care.

    None of the girls, identified by their initials in court documents, disclosed sexual abuse by Bateman during forensic interviews, though one said she was present during sexual activity, according to the FBI affidavit. But several of the girls wrote in journals that were seized by the FBI about intimate interactions with Bateman. Authorities believe the older girls influenced the younger ones not to talk about Bateman, the FBI said.

    Eight of the children later escaped from foster care, and the FBI alleged Bistline, Barlow and Johnson — all relatives of the children as well as Bateman’s current or former wives — played a part in getting them out of Arizona. The girls were found last week, hundreds of miles away in Spokane, Washington, in a vehicle that Johnson was driving, the FBI affidavit said.

    In court Wednesday, Barlow’s attorney said her client was only doing what she believed was right. The attorney, Roberta McVickers, added that Barlow would follow whatever orders the court issues.

    Barlow has lived in Colorado City much of her life and has a 2-year-old with special needs, McVickers said in arguing for her to be released from custody. Barlow was educated at home through the 7th grade, and has no independent source of income and no criminal history, McVickers said.

    “It’s an adjustment for her to learn whose rules to follow,” McVickers said.

    Prosecutor Wayne Venhuizen noted Bistline and Barlow were communicating with Bateman about the children.

    “These women have proven that they will stop at nothing to interfere with a federal investigation and protect Bateman, who was sexually abusing children,” he said.

    Ultimately, the federal judge overseeing the case ordered Barlow and Bistline, whose brief hearing focused on setting further court dates, to remain in custody.

    Barlow, Bistline and Johnson face life in prison if convicted of the charges. Johnson does not yet have an attorney publicly listed in Arizona.

    FBI spokesperson Kevin Smith declined Tuesday to discuss the trajectory of the case against the women and Bateman. Court records allege Bateman, 46, engaged in child sex trafficking and polygamy, but none of his current charges relate to those allegations. Bateman’s attorney in the federal case, Adam Zickerman, did not respond to requests for comment.

    Criminal defense attorney Michael Piccarreta, who represented Warren Jeffs on Arizona charges that were dismissed and is not involved in the current cases, said Arizona has a history of trying to take a stand against polygamy by charging relatively minor offenses to build bigger cases.

    “Whether this is the same tactic that has been used in the past or whether there’s more to the story, only time will tell,” he said.

    Polygamy is a felony in Arizona but in Utah it is only a misdemeanor, after a change in 2020 ended jail time for polygamy between consenting adults. Lawmakers voted overwhelmingly for the proposal, which supporters said will allow the 30,000 or so people living in the state’s polygamous communities to come out of the shadows and report abuses such as underage marriage by other polygamists without fear of prosecution.

    Arizona Department of Child Services spokesperson Darren DaRonco declined to comment on the status of the nine children in state custody.

    Alice Barlow has two teenage daughters in state custody, one of whom ran away from the group home. She says she hasn’t been allowed to see or communicate with them lately.

    ———

    Associated Press writer Sam Metz in Salt Lake City contributed to this story.

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