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President Tinubu, Coups and a Few Good Men

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“My fellow Nigerians, let me begin by congratulating all of us for witnessing the celebration of another Democracy Day today, the 12th day of June 2024. This year also marks our nation’s 25 years of uninterrupted democratic governance. On this day, 31 years ago, we entered our rites of passage to becoming a true and enduring democratic society,” said President Bola Tinubu.

Going through that passage, the route to democracy, he said, was “hard and dangerous,” fighting and struggling for “our natural rights,” losing “great heroes and heroines along the way, including the winner of the June 12, 1993, presidential election, Chief MKO Abiola, his wife, Kudirat, Gen. Shehu Musa Yar’Adua, Pa Alfred Rewane, Chief Anthony Enahoro, Chief Abraham Adesanya, Commodore Dan Suleiman, Chief Arthur Nwankwo, Chief Chukwuemeka Ezeife, Admiral Ndubuisi Kanu, Chief Frank Kokori, Chief Bola Ige, Chief Adekunle Ajasin, Chief Ganiyu Dawodu, Chief Ayo Fasanmi, Chief Gani Fawehinmi, Chief Olabiyi Durojaiye, Dr Beko Ransome-Kuti, Chima Ubani, Gen Alani Akinrinade, Prof Bolaji Akinyemi, Professor Wole Soyinka, Chief Ralph Obioha, Chief Cornelius Adebayo, Olisa Agbakoba, Femi Falana, Abdul Oroh, Senator Shehu Sani, Governor Uba Sani, Chief Olu Falae, Chief Ayo Adebanjo, Chief Ayo Opadokun and others who “have transited to the higher realm.”

Tinubu acknowledged that they “bravely surrendered their futures so that our nation might have a better one,” noting that their sacrifices should never be forgotten.

The dust of the so-called phantom coups has yet to settle as several unsung victims, former military officers, succumb to physical, mental and emotional degeneration. Others have succumbed to the cold hands of death. The remains of the deceased have since settled in the soil, but the living officers gnash their teeth as their search for redemption vacillates between dashed and renewed hope.

They are waiting to hear from the president of the most populous black nation to heed their call for reparation and recognition. June 12 had come and gone: it had been so for decades, and one by one, the military officers accused of the so-called phantom coups languish in muted expectations as they yearn for the magnanimity of the incumbent president. They do not protest with an enduring faith in justice and recompense as “victims’ of Gen Sani Abacha’s alleged 1995 and 1997 coups.

They appeal to the incumbent president, trusting Tinubu will “speedily implement all recommendations made in our favour by the Oputa panel on human rights violations and abuses.”

They hope Tinubu will consider their plight and grant them the long-awaited reprieve. They point in the direction of the clear-cut facts and resolutions contained in the Oputa panel. They are convinced that justice delayed, which has left some of them deceased and others disconsolate, should not be justice denied.

Feeling left in the lurch, some of the victims stated that the Council of State approved the compensation for the victims of the phantom coup allegations, first in 2009 and later in 2011. They described their experiences in the hands of the Abacha hordes as “unjust, inhuman, satanic and callous acts of impunity against the said victims of rights violations and oppression cannot be wished away at all because it is alive in the recorded annals” of Nigeria and “in international libraries.”

In their enduring race for justice, the remaining so-called phantom coupists hinge their hope on Tinubu and Vice-President Kashim Shettima “to right the wrongs of the past, heal past wounds and wipe off sorrows and bewilderment from the life of the said victims of rights violations and abuses,” it is time the federal government should “deal with the horrible and psychological debilitating debrief our national callousness during Abacha’s years of darkness, callousness, treachery and oppression.”

For their labour not to be in vain, the victims of the Abacha dictatorship are seeking “prompt action” that the incumbent president should endorse the reliefs and compensation recommended by the Oputa panel, its white paper (Council of State Memo June 23, 2009, Council of State Memo March 13, 2013, and Nigeria Official Gazzete NO 33, VOL. 86, dated May 26 1999, in favour of the military and civilian victims to alleviate their 22 years of trauma and psychological stress).

Among other things, they seek promotion to their appropriate higher ranks in line with their coursemates in the Armed Forces. They stated that they were high-flyers before their lofty careers were truncated. Added to that by the panel’s recommendation is a letter of apology for wrongful detention, torture, deprivation, and ruthless rights violations and comprehensive rehabilitation of all military and civilian victims caught in the web of the phantom coup. There are other recommendations by the Oputa panel. The ex-servicemen eagerly await the full implementation of the recommendations.

In recent conversations, the military officers expressed their angst and anticipation. They explained their full trust in Tinubu’s sense of justice and reparation as they hailed his devotion to magnanimity and national sacrifice. The military officers aired their fear of being annotated and imprinted as a footnote to history, but the ex-soldiers rest their only hope on Tinubu’s swift steps in their matter.

They regret that ex-Presidents Olusegun Obasanjo and Muhammadu Buhari forgot them. They also did not find redemption during the reigns of former Presidents Goodluck Jonathan and Umar Yar’Adua. Obasanjo ruled for eight years, instituted the Oputa panel but “ignored the travails and injustice of those of us, so-called phantom coup plotters, to languish in anonymity in despair, hoping to get justice,” said a former military officer incarcerated during the terror-filled days of Abacha. His files and many others have gathered dust in the federal government’s archives for years. Many of the so-called phantom coup plotters felt their comrade Obasanjo dealt them perhaps the hardest blow by overlooking the Oputa panel report. During Buhari’s eight years, the files that would bring reprieve moved too slowly, and it was said the then-president did not get to sign them off, giving life to all the Oputa recommendations, the officer felt.

But, with Tinubu in the saddle, they are convinced it is now or never. The military officers felt he was their ilk in terms of persecution and love of democracy and would be more sympathetic to their delusion, demoralisation and lengthened humiliation. The military men accused of coups they repeatedly claimed they knew nothing about and probably never existed other than in the mind of the late despot are gasping for breath. Forlorn, they feared for the worse. Faint of heart, they dread to dream again. Decades of grit, gripping mental and physical pains, and the gruelling reality that they have laboured in vain for their fatherland appear a certain conclusion. The feeling, they said, gnawed their heaving hearts as they held on to the justice, in principle, that eluded them.

Some of the suspected phantom coupists left brutalised during the 1990s dictatorship include Colonels Lawan Gwadabe, Olusegun Oloruntoba, Gabriel Ajayi, Emmanuel Ndubueze, Rowland Emokpae, Bello Fadile, Emma Ndubueze, Edwin Jando, Navy Capt (Barrister) Lawrence Fabiyi, Navy Capt Denis Omesa, Lt-Colonels Martin Igwe, Sam Oyewole, Happy Bulus, Major Akinloye Akinyemi, and Kayode Olowomoran.

In most cases, suspects were “soaked in muddy water dead in the night, blindfolded, handcuffed, shackled and left naked in the open air for hours.” This was followed by taking the suspects through various torture modules. At a particular torture chamber, suspects had their upper limbs chained to their lower limbs symmetrically. After that, suspects were suspended in a manner “characteristic of a fowl prepared for roasting.” Suspects were kept in this position for “close to one hour, and by the time they were left off the hooks, their wrists, armpits and ankles had been terribly battered.”

They have waited for almost three decades with hope raised, flickering, dashed and now renewed, convinced of getting justice. Haunted by the injustice of the past, traumatised by the bygone days of horror and left to stand still as the years roll by without recompense, shame, deprivations, and disillusionment seem to be enveloping them, said the officers. Not that they did not try to hope, they said. They vowed they did. They pointed to the Oputa panel that exonerated them and the recommended compensations that came with it. That reprieve remained a mirage for more than a decade.

“This is it,” said some of the alleged coup plotters. “We trust Asiwaju. We cannot stop to hope. That’s the only badge of honour we carry.” 

Jury Convicts Carter Transportation Group Owner, Robert Carter, of Wire Fraud

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An Eau Claire, Wisconsin, man has been convicted of wire fraud and attempting to commit wire fraud. Robert Carter, 45, was convicted following a two-day trial in federal court in Madison. The jury reached a verdict today after just over an hour of deliberation.

Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced the guilty verdict.

The government presented evidence at trial that from April 22, 2020, to January 25, 2021, Carter made false statements and provided false documents to companies that leased and sold semi-trucks in an attempt to fraudulently obtain property, specifically, semi-trucks to use in his business, Carter Transportation Group.

In support of his lease applications, Carter submitted false financial statements for his businesses and submitted a false wire transfer receipt. Carter also falsely claimed that he had a multi-million-dollar trust.

U.S. District Judge William M. Conley scheduled sentencing for October 17, 2024. Carter faces a maximum penalty of 20 years in federal prison on each of the two fraud counts.

Carmichael Resident Sam Moss Kerfoot Pleads Guilty to Sexual Exploitation of Minor, Faces 50 Years’ Imprisonment

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Sam Moss Kerfoot, 27, of Carmichael, has pleaded guilty to sexual exploitation of a minor, United States Attorney Phillip A. Talbert announced. 

According to court documents, in April 2022, Kerfoot used the online application Omegle to meet teenage girls in the Sacramento area, including Victim 1, who was a minor. On multiple occasions, Kerfoot picked up the victim from school and took her off campus to have sexual intercourse with her, and Kerfoot took a video of this sexual exploitation.

Law enforcement searched Kerfoot’s phone and located 73 videos of child sexual abuse material. Law enforcement also searched Kerfoot’s SnapChat account and learned that Kerfoot had used Snapchat to send and receive child pornography.

This case is the product of an investigation by the Sacramento Valley Hi-Tech Crimes Task Force Internet Crimes Against Children unit, including the Sacramento County Sheriff’s Office, with assistance from the Federal Bureau of Investigation and Homeland Security Investigations. Assistant U.S. Attorney Emily Sauvageau is prosecuting the case.

Kerfoot is scheduled to be sentenced by Judge Dale A. Drozd on October 22, 2024. Kerfoot was previously convicted for crimes related to the sexual abuse of a minor and, accordingly, is subject to a 25-year mandatory minimum sentence.

Kerfoot faces a maximum statutory penalty of 50 years in prison.

The actual sentence, however, will be determined at the discretion of the court after considering any applicable statutory factors and the Federal Sentencing Guidelines, which consider several variables.

Washington State Man Zachary Rosenthal Faces 20 Years in Jail for Damaging Ostrander, Sunnyside Substations

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PORTLAND, OR - AUGUST 30: An Oregon State Trooper arrests journalist Gabriel Trumbly during a crowd dispersal near the Portland east police precinct on August 30, 2020 in Portland, Oregon. City leaders asked for calm and time to conduct an investigation after a man was shot and killed near a pro-Trump rally on Saturday. Nathan Howard/Getty Images/AFP == FOR NEWSPAPERS, INTERNET, TELCOS & TELEVISION USE ONLY ==

A federal grand jury in Portland has returned an indictment charging a Tacoma, Washington, man with damaging two Portland area energy facilities.

Zachary Rosenthal, 33, has been charged with three counts of damaging an energy facility.

According to the indictment, on November 24 and 28, 2022, Rosenthal is accused of knowingly and willfully damaging two energy facilities—the Ostrander Substation in Oregon City, Oregon and the Sunnyside Substation in Clackamas, Oregon—with the intent of interrupting or impairing the function of both facilities.

The indictment further alleges that Rosenthal caused damages exceeding $100,000 to the Ostrander Substation and $5,000 to the Sunnyside Substation. Both facilities are involved in the transmission and distribution of electricity.

A single accomplice, Nathaniel Adam Cheney, 30, of Centralia, Washington, is named alongside Rosenthal in charges stemming from the November 28, 2022, damage to the Sunnyside Substation.

A second indictment was also unsealed Tuesday, charging Rosenthal with stealing firearms from a federal firearms licensee and illegally possessing firearms as a convicted felon. According to this indictment, in January 2023, Rosenthal is alleged to have stolen 24 firearms he was restricted from possessing from a federal firearms licensee in the Portland area.

Rosenthal made his initial appearance in federal court today before a U.S. Magistrate Judge. He was arraigned on both indictments, pleaded not guilty to all charges, and was detained pending further court proceedings.

On April 10, 2023, Cheney made his first appearance in federal court. He was arraigned, pleaded not guilty, and released on conditions pending a two-day jury trial currently scheduled to begin on August 20, 2024.

Damaging an energy facility and causing more than $100,000 in damages is punishable by up to 20 years in federal prison and three years’ supervised release. Damaging an energy facility and causing more than $5,000 in damages is punishable by up to five years in federal prison and three years’ supervised release.

Essex County’s Warren Guerrier Admits Defrauding Victims in Car Theft, Fraudulent Resale Scheme

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An Essex County, New Jersey, man Tuesday admitted defrauding victims by orchestrating a multistate car theft and fraud ring, U.S. Attorney Philip R. Sellinger announced.

Warren Guerrier, 47, of Newark, pleaded guilty before U.S. District Judge William J. Martini in Newark federal court to an indictment charging him with conspiracy to commit wire fraud. 

According to documents filed in this case and statements made in court:

From November 2016 to June 2020, Guerrier and several conspirators acting at his direction orchestrated a scheme to steal and then fraudulently sell vehicles to unsuspecting buyers. Guerrier and his conspirators identified vehicles to steal, then photographed, tracked, and advertised them for sale on the Internet.

The buyer victims were provided with electronically programmed keys and falsified certificates of title for the stolen vehicles in exchange for a negotiated purchase price in cash. Buyer victims were also provided with fraudulent identity documents utilised by conspirators to obscure their true identities.    

The scheme involved the theft of at least 40 stolen vehicles, approximately 30 of which were sold by Guerrier and his conspirators to buyer victims. As a result of the scheme, Guerrier and his conspirators collected approximately $285,000.

The conspiracy to commit wire fraud count is punishable by a maximum penalty of 20 years in prison and a maximum $250,000 fine. Guerrier’s sentencing is scheduled for November 19, 2024.

Former Las Vegas City Councilwoman Michele Fiore Faces 20 Years in Jail for Charity Fraud Scheme

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A federal grand jury returned an indictment yesterday charging a former Las Vegas city councilwoman and current Nye County, Nevada, justice of the peace for her alleged scheme to defraud donors to a charity to memorialize police officers who lost their lives in the line of duty.

According to the indictment, Michele Fiore, 53, of Pahrump, Nevada, a then-Las Vegas city councilwoman, solicited donations to build a statue honouring Las Vegas police officers who were killed in the line of duty.

Fiore allegedly promised donors that “100% of the contributions” would be used to create this statue. As alleged, Fiore did not use any of the tens of thousands of dollars in charitable donations for the statue of the fallen officer and instead converted the money to her personal use.

The donations were used to pay her political fundraising bills and rent and were transferred to family members, including to pay for her daughter’s wedding. 

Fiore is charged with four counts of wire fraud and one count of conspiracy to commit wire fraud. She faces a maximum penalty of 20 years in prison on each count if convicted.

Former U.S. Official Sue Mi Terry Nabbed over Spying for South Korean Government

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Sue Mi Terry, 54, of New York, New York, was arrested yesterday and presented on criminal charges related to offences under the Foreign Agents Registration Act (FARA).

According to court documents, after leaving U.S. government service and for more than a decade, Terry worked as an agent of South Korea without registering as a foreign agent with the Attorney General as required by law.

As covertly directed by South Korean government officials, Terry publicly advocated South Korea’s policy positions, disclosed non-public U.S. government information to South Korean intelligence officers and enabled that country’s officials to gain access to U.S. government officials.

In exchange for these actions, South Korean intelligence officers provided Terry with luxury goods, expensive dinners and more than $37,000 in funding for a public policy program focusing on Korean affairs that Terry controlled.

From or about 2001 to 2011, Terry served in a series of positions in the U.S. government, including as an analyst on East Asian issues for the Central Intelligence Agency, as the Director for Korea, Japan and Oceanic Affairs for the White House National Security Council and as the Deputy National Intelligence Officer for East Asia at the National Intelligence Council.

Since leaving government service in or about 2011, Terry has worked at academic institutions and think tanks in New York City and Washington, D.C. Terry has made media appearances, published articles and hosted conferences as a policy expert specialising in, among other things, South Korea, North Korea and various regional issues impacting Asia.

Terry has also testified before Congress on at least three occasions regarding the U.S. government’s policy toward Korea.

As she admitted in a voluntary interview with the FBI in 2023, Terry served as a valuable “source” of information for the South Korean National Intelligence Service, the primary intelligence agency for South Korea. For example, in or about June 2022, Terry participated in a private, off-the-record group meeting with a U.S. secretary level official regarding the U.S. Ggovernment’s policy toward North Korea.

Immediately after the meeting, Terry’s primary South Korean NIS point of contact, or handler, picked up Terry in a car with South Korean Embassy diplomatic plates. While in the car, Terry passed her handler detailed handwritten notes of her meeting, which were written on the letterhead of a think tank where Terry had recently worked. Terry’s handler then photographed the notes while still sitting in the car with Terry.

Weeks later, at the request of her South Korean NIS handler, Terry hosted a happy hour for Congressional staff. Although the happy hour was ostensibly on behalf of the think tank where Terry worked, the South Korean NIS paid for it with Terry’s knowledge. Terry’s handler attended the event and posed as a diplomat, mingling with Congressional staff without disclosing that he was, in fact, a South Korean intelligence officer. 

South Korean government rewarded Terry for her services. For example, Terry’s South Korean NIS handlers gifted her a $2,950 Bottega Veneta handbag and a $3,450 Louis Vuitton handbag, both of which Terry selected during shopping trips with her handlers. One of Terry’s South Korean NIS handlers also gifted her a $2,845 Dolce & Gabbana coat. In addition to luxury goods, Terry’s South Korean NIS handlers provided her expensive meals, including at Michelin-starred restaurants.

Terry’s South Korean NIS handlers also deposited approximately $37,000 into an unrestricted “gift” account that Terry controlled at the think tank where she worked. In addition, South Korean government officials paid Terry to write articles in both the U.S. and Korean press conveying positions and phrases dictated by the South Korean government.

Terry is charged with one count of conspiracy to violate FARA and one count of failure to register under FARA. If convicted, she faces a maximum penalty of 10 years in prison. A federal district court judge will determine any sentence if convicted after considering the U.S. Sentencing Guidelines and other statutory factors.

Ian Foster Jailed for Raping Female Friend in Hotel Room While Asleep

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A man has been jailed after raping a woman while she slept at a hotel in north London.

Ian Foster, 41, of no fixed address, was sentenced to 16 years’ imprisonment at Wood Green Crown Court on Tuesday, July 16. He was also given a restraining order preventing him from directly or indirectly contacting the victim.

He was unanimously found guilty of rape on Friday, April 26, following a trial supported by extensive and damning evidence gathered by investigating officers.

The court heard that the victim, aged in her 30s, was known to the suspect. They attended a hotel in Edmonton, N9, on January 17, 2020. A heated argument ensued in the hotel room between the two, where Foster displayed sexual jealousy.

Following the argument, Foster and the woman went to sleep. It was in the early hours of the morning on January 18 2020 that Foster raped the victim while she slept.

Officers attended the hotel on January 18, 2020, after a concerned phone call from the victim’s mother following the argument. However, the victim did not disclose to officers that she had been raped because she was scared and just wanted to go home—her parents were en route to collect her.

In the early hours of January 19, once the victim was safely home, she reported the incident to police via her friend, and detectives from the North Area’s Public Protection team launched an investigation.

Specially trained sexual offence officers supported the victim in her own force area of Devon and Cornwall on behalf of the Met. Foster was circulated as wanted and was arrested in Devon on the afternoon of January 19 on suspicion of rape. He was recalled to prison in breach of his licence conditions following his conviction for two rapes in 2012 at Truro Crown Court. He had been released on licence in 2017.

He was subsequently charged on January 31, 2023, after an extensive investigation, which included taking witness accounts from hotel staff and family and friends of the victim and reviewing CCTV of the pair in the hotel’s public areas from check-in to check-out.

This showed Foster following the victim around like a ‘puppy dog’ and trying to ‘reason with her’ in the foyer on January 18 following the rape.

Officers reviewed hundreds of communications on their phones, which highlighted Foster’s sexual jealousy. There was also a message on January 18 with Foster saying he was unsure why he committed the act after he was challenged by the victim, who said, “What go through ur head to have sex with someone when they are not even awake?”

Detective Sergeant Myles Bossman, from the North Area’s Public Protection team, who led the investigation, said, “Foster is a highly dangerous individual, as reflected by his sentence, who has now been convicted of rape on two separate occasions.

“Foster appears enraged by sexual jealousy and insecurity and chose to attack the woman when she was at her most vulnerable as she slept. Foster has showed zero remorse for his actions.”

West End Officers Use Innovative New Tactics to Protect Women, Girls 

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Met officers patrolling the West End have used new training to identify predatory behaviour in response to concerns for the safety of women and girls.

The training, initially used in counter-terrorism policing, teaches officers to spot signs and behavioural cues of potential offenders.

It has been rolled out to officers who are patrolling London streets to protect women and girls at risk of violence.

This is part of the Met’s proactive operation ‘Project Vigilant’, where officers carry out plain-clothed patrols, trawling through live CCTV, and uniformed officers on standby to respond and engage with any individuals that need to be removed from the area.

Sergeant Augustine Anyaegbuna of the Westminster neighbourhood team said, “The Met is committed in tackling sexual offenders and rebuilding trust amongst women and girls in local communities.

“It is devastating that women and girls are not able to enjoy a night out with friends due to the potential harm they could face at the hands of predatory men.

“I am extremely pleased that our local officers utilised their behavioural detection training. We remain focused in creating a safe space for women and girls and encourage all victims of violence or sexual violence come forward to help bring offenders to justice.”

On the most recent Vigilant patrol, officers stopped eight men who raised officers’ suspicions. Six of these were subsequently arrested for offences including sexual assault, drugs, robbery and theft.

Global Cryptocurrency Exchange BitMEX Pleads Guilty To Bank Secrecy Act Offence

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Damian Williams, the United States Attorney for the Southern District of New York, and Christie M. Curtis, the Acting Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation, announced that HDR Global Trading Limited (Bitcoin Mercantile Exchange or BitMEX), pled guilty to violating the Bank Secrecy Act by willfully failing to establish, implement, and maintain an adequate anti-money laundering programme.  

According to the allegations in the information and other filings and statements made in court, Arthur Hayes, Benjamin Delo, and Samuel Reed founded BITMEX in or about 2014. Gregory Dwyer became BITMEX’s first employee in 2015 and later its Head of Business Development. BITMEX, which has long serviced and solicited business from U.S. traders and operated through U.S. offices, was required to register with the Commodity Futures Trading Commission and establish and maintain an adequate AML program. 

AML programs ensure that financial institutions, such as BITMEX, are not exploited for illicit purposes and serve to protect the integrity of the U.S. financial system and national security, more broadly.

The company and its executives knew that because BITMEX operated in the United States, including by serving U.S. customers, it was required to implement an AML programme that included a know-your-customer component but chose to flaunt those requirements, requiring only that customers provide an email address to use BITMEX’s services.  

Indeed, senior executives each knew that customers residing in the United States continued to access BITMEX’s trading platform through at least in or about 2018 and that BITMEX policies nominally in place to prevent such trading were toothless or easily overridden to serve BITMEX’s bottom line goal of obtaining revenue through the U.S. market without regard to U.S. criminal laws. 

Corporate executives took affirmative steps purportedly designed to exempt BITMEX from the application of U.S. laws like AML and KYC requirements despite knowing of BITMEX’s obligation to implement such programs by operating in the United States.  

As part of BITMEX’s willful evasion of U.S. AML laws, the company lied to a bank about the purpose and nature of a subsidiary to allow the company to pump millions of dollars through the U.S. financial system.

HDR Global Trading Limited an entity incorporated in Seychelles, pled guilty to one count of violating the Bank Secrecy Act, which carries a maximum sentence of five years in prison and a fine. The maximum potential sentence in this case is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.