Southern District of Alabama
Press releases recorded for this federal judicial district.
Armed Career Criminal Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Terrance Tyrone Davis, 47, of Mobile, was sentenced in federal court this morning as an “armed career criminal.” As such, under a federal statute punishing gun violations, he was subject to a mandatory minimum sentence of 15 years imprisonment. To qualify under this statute, a defendant who violates the gun law must have three prior convictions for violent felonies. Court documents identified Davis’ violent felonies as Robbery Third Degree, Assault Second Degree and Sexual Abuse First Degree. Davis was indicted in federal court in July of 2015, and pled guilty to the sole charge in the indictment, felon in possession of a firearm, in September of 2015.
United States District Court Judge Callie V. S. Granade imposed a sentence slightly in excess of the mandatory minimum, 188 months, which was the low end of the advisory guideline range that applied to Davis’ case. Judge Granade also ordered that Davis serve a term of five years on supervised release when he comes out of prison. No fine was imposed, but Davis was ordered to pay $100 in special mandatory assessments.
The case was investigated by the Prichard Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorneys Gina Vann and Gloria Bedwell.
Reentry Simulation Set for Mobile and State HouseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama, and Project HOPE Reentry Task Force Chairwoman, Senator Vivian Davis Figures, announce that a Reentry Simulation event will be held on Friday, March 4th at 2:30pm at the Mobile Alabama Cruise Terminal. Numerous public officials and reentry stakeholders in the City of Mobile and the Mobile region have been invited to participate in the simulation. Participants will assume new identities as well as new personal factors that apply to them as ex-offenders returning to the community. They will have to meet the strict life requirements that actual returning ex-offenders have to meet or risk going back to jail (yes, a mock jail is part of the simulation).
The purpose of the Reentry Simulation is to highlight unnecessary barriers to successful reentry so that they can be removed. When Mobile Mayor Sandy Stimpson was informed of this event he stated, "You never truly know the challenges others face in life until you walk in their shoes. I commend the Reentry Task Force for holding such an important event in Mobile."
Members of the Alabama Legislature will also be participants in a second Reentry Simulation event on April 13th in Montgomery that will feature remarks from Governor Nathan Deal of Georgia and Governor Robert Bentley. In 2012 and 2013 Governor Deal successfully spearheaded significant criminal justice reforms in Georgia which led to limiting costly prison bed space to the most violent and hardened criminals while reducing corrections costs for Georgia taxpayers. For example, historically, the Georgia Department of Corrections spent more than $20 million annually to keep state inmates in local jails pending their transfer to prison. By FY2014, state spending on such subsidies had fallen to $40,720. Moreover, Georgia tax payers avoided an additional expenditure of $264 million when they did not experience a projected inmate population increase of 8%.1 The State of Georgia then spent significantly less money to build up its reentry infrastructure as compared to the cost of direct incarceration in order to reduce prisoner recidivism.
Senator Figures stated, "Georgia has a blue print for what we can accomplish on a nonpartisan basis here in Alabama. I commend Governor Deal and my legislative colleagues in Georgia for placing an equal emphasis on both enforcement and reentry. I also want to thank Senator Cam Ward, Chair of the Senate Judiciary Committee, for partnering with me in order to bring fresh approaches to solving Alabama’s criminal justice problems."
US Attorney Brown said, "By developing a collective plan to address the needs of ex-offenders in our State we can assist thousands of individuals break the cycle of crime, poverty and self-degradation while promoting standards of good citizenship inclusive of sustained employment and the wherewithal to become tax payers and not a tax burden. In exchange, we, as the greater community, will recognize the benefits of lower crime rates and safer communities in which to live."
US Attorney Brown and Senator Figures are available for interviews upon request or at the March 4th reentry event.
Alabama Man Indicted on Child Pornography and Sex Tourism ChargesRead the Press Release
An Alabama native was indicted today and charged with multiple crimes involving travel with intent to engage in illicit sexual conduct with minors and child pornography, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney Kenyen R. Brown of the Southern District of Alabama.
Clarence Edward Evers Jr., aka Bud, a technology teacher employed by the Conecuh County, Alabama, Board of Education, was arrested on Feb. 11, 2016, and was charged today with five counts of travel with intent to engage in illicit sexual conduct with a minor, one count of attempted travel with intent to engage in illicit sexual conduct with a minor, one count of production and attempted production of child pornography, one count of transportation of child pornography, one count of receipt of child pornography, one count of access with intent to view child pornography and one count of possession of child pornography.
According to the indictment, Evers allegedly traveled to Thailand in the summers of 2010 through 2014 for the purpose of engaging in illicit sexual conduct with a minor and allegedly attempted to make a similar trip in the spring of 2015. During the 2014 trip, Evers also allegedly photographed his victims’ abuse and then transported the images back to the United States. In addition, Evers allegedly had other images of child sexual exploitation on his computers and other electronic devices.
The charges contained in the indictment are only allegations. Evers is presumed innocent unless and until he is proven guilty beyond a reasonable doubt in a court of law.
ICE-HSI is investigating this case. Trial Attorney James E. Burke IV of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Sean P. Costello and Maria E. Murphy of the Southern District of Alabama are prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Defendant Receives 12 Month Sentence for Steroids ConspiracyRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Thomas Daniel Williams, 44, of Orange Beach, Alabama was sentenced today by U.S. District Judge Kristi K. DuBose to 6 months imprisonment followed by 6 months home confinement for conspiring to distribute steroids. The judge ordered that Williams undergo 3 years of supervised release upon completing his term of imprisonment, that he receive drug and anger management treatment while incarcerated, and that he pay a $100 mandatory special assessment.
On July 1, 2015, Williams was arrested on a federal criminal complaint alleging that Williams had unlawfully bought, used, and sold anabolic steroids, human growth hormone, and cocaine. The complaint’s affidavit alleged that Williams imported certain substances from China and that he was previously recorded selling steroids to a confidential human source. The affidavit also noted that in September 2014, the government had executed a search warrant at Williams’s home and found steroids and other incriminating evidence. On July 30, 2015, Williams was indicted by a federal grand jury on 17 counts of various drug-related offenses. On September 22, 2015, Williams pled guilty to 1 count of conspiring to distribute steroids.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Gregory Bordenkircher and Sinan Kalayoglu.
Former Correctional Officer Charged with Sexually Assaulting A Federal InmateRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Samuel A. Hart, a former Correctional Officer of Escambia County Detention Center, has entered a guilty plea today to sexually assaulting a federal inmate that was in his custody.
Hart, who had been on the job for less than a month, was responsible for transporting a federal inmate from Coffee County Detention Center to Escambia County Detention Center. During the transport, Hart engaged in intimate conversations with the federal inmate, including comments about his private life. Shortly thereafter, Hart pulled the transport vehicle over near an abandoned building alongside Highway 29 North where he engaged in various sexual acts with the inmate that were improper and unlawful given his position as a corrections officer. Hart continually attempted to contact the federal inmate while she was in custody at Escambia County Detention Center. Hart’s actions ultimately led to his termination.
This case was investigated by the United States Marshal Service and prosecuted by Assistant United States Attorneys Suntrease Williams-Maynard and George May.
United States District Judge Kristi K. DuBose has set a sentencing date for March 18, 2016. At the time of that hearing, Hart faces up to 15 years in federal prison. He also faces a potential fine of $250,000.
Drug Trafficker Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Edison Norberto Sanchez, 39, of Orlando, Florida, was sentenced this morning in federal court for his participation in a scheme to possess with intent to distribute methamphetamine. Sanchez pled guilty to the conspiracy count in September of 2014. Court documents reflect that Sanchez was arrested in Mobile during an investigation initiated by the Mobile County Sheriff’s Office. The investigation involved controlled buys of methamphetamine from Sanchez’s co-defendant Edgar Ivan Contreras, who was also known as “Scooby.” Searches of vehicles and residences resulted in the seizure of additional amount of methamphetamine and documents relevant to the drug trafficking scheme.
United States District Court Judge William H. Steele imposed a sentence of 57 months this morning at Sanchez’s sentencing hearing. That sentence was at the low end of the advisory guideline range applicable in Sanchez’s case. The judge also ordered that Sanchez would serve a five-year term of supervised release when he completes his prison sentence, during which he will be monitored for drug use. Sanchez was ordered to pay a mandatory $100 special assessment, but the judge did not impose a fine.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.Armed Home Invader Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Reginald Martez Robinson, 35, of Saraland, was sentenced on December 1, 2015, for his role in several home invasions and kidnappings during 2011. Robinson was indicted on the federal charges in 2014, and he entered a guilty plea to two of the charges, conspiracy to use a firearm in the commission of a crime of violence and kidnapping, in October of last year.
United States District Court Judge William H. Steele imposed a sentence of 184 months on each count, and ordered that they run concurrently. He also ordered that Robinson will commence a five-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Robinson will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Robinson pay $200 in special mandatory assessments, but no fine was imposed.
The case was investigated by the Mobile Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Mobile Man Sentenced to More Than Five Years in Child Pornography CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Theron Bryce Brown, 42, of Mobile, was sentenced this morning to 65 months in prison for receiving child pornography. Following his release from prison, Brown will be supervised for fifteen years by the United States Probation Office and required to register as a sex offender.
Brown pled guilty to receiving child pornography via the internet. As part of his plea, Brown admitted that he received images of child pornography via the internet via a laptop computer in 2010 and 2011.
This case was investigated by the Mobile Police Department and the Federal Bureau of Investigation, and was prosecuted by Assistant United States Attorney Sean P. Costello. The investigation was pursued as part of Project Safe Childhood, the Department of Justice’s initiative to combat the proliferation of technology-facilitated sexual exploitation crimes against children. For more information, please visit http://www.justice.gov/psc
Defendant Sentenced to 166 Months for Armed RobberyRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Montez Lesha Bishop, 39, of Bay Minette, Alabama was sentenced today by Chief U.S. District Judge William H. Steele to 166 months imprisonment for Hobbs Act robbery and discharging a gun during the robbery. The judge ordered that Bishop undergo 5 years of supervised release upon completing his term of imprisonment, that he receive drug and mental health treatment while incarcerated, and that he pay a $200 mandatory special assessment.
In a 6-day span in December 2014, Bishop committed 5 armed robberies in Bay Minette at 5 different locations: a home, a Yogi Raceway Convenience Store, a Kangaroo Express Convenience Store, a Summit Convenience Store, and a New Horizons Credit Union branch. On December 12, 2014, the Bay Minette Police Department arrested Bishop soon after he robbed the New Horizons Credit Union. In January 2015, Bishop was indicted by a federal grand jury for robbing the 4 businesses. On April 18, 2015, Bishop pled guilty to robbing the Summit Convenience Store and shooting a handgun at a store employee during the robbery. In a plea agreement detailing the offense conduct, Bishop admitted to committing all 5 armed robberies.
The case was investigated by the Federal Bureau of Investigation and the Bay Minette Police Department. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Baldwin County Man Sentenced to 68 Months for Possession with Intent to Distribute Methamphetamine Ice and Possession of Firearm in Furtherance of Drug Trafficking CrimeRead the Press Release
The United States Attorney Kenyen Brown announces that Demond R. Banks, a 41 year old, resident of Daphne, Alabama was sentenced today to 68 months incarceration followed by five years of supervised release for possession with intent to distribute methamphetamine ICE and the use of a firearm in furtherance of his drug trafficking crime.
On June 15, 2015, Mr. Banks pled guilty after being caught with the ICE and firearms in his residence while waiting to receive and distribute additional quantities of ICE to and from another drug dealer.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 8 Months for Possession of Counterfeit CurrencyRead the Press Release
The United States Attorney Kenyen Brown announces that Ronald C. Howard, Jr, a 45 year old resident of Theodore, Alabama was sentenced today to 8 months incarceration followed by three years of supervised release for possession of counterfeit currency.
On July 21, 2015, Mr. Howard pled guilty pursuant to a plea agreement that noted he was found in the possession of approximately $2000 worth of counterfeit currency and a laser jet printer used to manufacture the counterfeit currency and for attempting to pass counterfeit $20 bills in the area along with a cohort. Mr. Howard agreed to and did forfeit the printer as a facility of his illegal activity.
Special agents of the United States Secret Service investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 15 Months for Conspiring to Pass and Utter Counterfeit CurrencyRead the Press Release
The United States Attorney Kenyen Brown announces that Brian Little, a 36 year old resident of Theodore, Alabama was sentenced today to 15 months incarceration followed by three years of supervised release for conspiring to pass and utter counterfeit currency at local businesses.
On July 31, 2015, Mr. Little pled guilty pursuant to a plea agreement that noted he was attempting to pass counterfeit $20 bills in the area along with a cohort.
Special agents of the United States Secret Service investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Meth Conspirator Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Thomas Jefferson Bentley, IV, 34, of Mobile, was sentenced today in federal court on charges involving his participation in conspiracies to manufacture methamphetamine and to possess a Schedule I chemical, pseudoephedrine, with knowledge it would be used to manufacture a controlled substance. Bentley pled guilty to the two charges in December of 2014.
United States District Court William H. Steele imposed a sentence of time served, which amounted to 20 months on each charge, and ordered that the sentences run concurrently. He also ordered that Bentley will commence a three-year term of supervised release when he is discharged from incarceration. As conditions of his supervision, Bentley will be subject to testing and treatment for drug abuse. Judge Steele also ordered that Bentley pay $200 in special mandatory assessments, but he did not impose a fine.
The case was investigated by the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Baldwin County Woman Sentenced to 18 Months for Possession with Intent to Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Heather Jaye Skidmore, a 38 year old resident of Spanish Fort, Alabama was sentenced today to 48 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 120 grams of methamphetamine ICE.
On July 21, 2015, Ms. Skidmore pled guilty after a search of her residence yielded varying quantities of ICE in different locations in her home.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Baldwin County Man Sentenced to 48 Months for Possession with Intent to Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Clifford Shane Hall, Jr. a 38 year old, resident of Bay Minette, Alabama was sentenced today to 48 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 120 grams of methamphetamine ICE.
On July 21, 2015, Mr. Hall pled guilty after being caught with the ICE on his person and in his vehicle while attempting to distribute the ICE to another drug dealer.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Baldwin County Man Sentenced to 120 Months for Possession with Intent TO Distribute Methamphetamine IceRead the Press Release
The United States Attorney Kenyen Brown announces that Robert Keith Corte, Jr. a 26 year old, resident of Summerdale, Alabama was sentenced today to 120 months incarceration followed by five years of supervised release for possession with intent to distribute approximately 149 grams of methamphetamine ICE.
On May 20, 2015, Mr. Corte pled guilty after being found in a vehicle with the ICE while parked at a convenience store.
Baldwin County, Alabama Sheriff’s Office deputies and the Loxley, Alabama Police Department officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 46 Months for Role in Bank RobberyRead the Press Release
The United States Attorney Kenyen Brown announces that Carl D. Greene, Jr., a 20 year old resident of Mobile, Alabama was sentenced today to 46 months incarceration and ordered to pay restitution in the amount of $5400.00 to Century Bank on Grand Bay Wilmer Road in Grand Bay, Alabama. After completion of his incarceration, he will serve a term of supervised release of three years.
On August 13, 2015, Mr. Greene pled guilty pursuant to a plea agreement that noted he was one of two men that robbed two banks in the area during March of this year. One each occasion, Greene acted as the masked man who entered the banks and obtained the money after threatening to shoot the tellers if they did not comply. No actual gun was displayed or used. His accomplice acted as the getaway driver. The other bank robbery occurred at the Bancorp South Bank on Schilliger Road. All the money from that robbery was recovered.
Special agents of the Federal Bureau of Investigation along with Mobile, Alabama police officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Mobile County Man Sentenced to 46 Months for Role in Bank RobberyRead the Press Release
The United States Attorney Kenyen Brown announces that Jason Dixon, a 20 year old resident of Mobile, Alabama was sentenced today to 46 months incarceration and ordered to pay restitution in the amount of $5400.00 to Century Bank on Grand Bay Wilmer Road in Grand Bay, Alabama. After completion of his incarceration, he will serve a term of supervised release of three years.
On August 14, 2015, Mr. Dixon pled guilty pursuant to a plea agreement that noted he was one of two men that robbed two banks in the area during March of this year. One each occasion, his cohort acted as the masked man who entered the banks and obtained the money after threatening to shoot the tellers if they did not comply. No actual gun was displayed or used. Dixon acted as the getaway driver both times. The other bank robbery occurred at the Bancorp South Bank on Schilliger Road. All the money from that robbery was recovered.
Special agents of the Federal Bureau of Investigation along with Mobile, Alabama police officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Norwegian Shipping Company and Engineering Officers Convicted with Environmental Crimes and Obstruction of JusticeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced federal jury in Mobile, Alabama, after a two week jury trial convicted Det Stavangerske Dampskibsselskab AS (DSD) and three employees with violating the Act to Prevent Pollution from Ships (APPS), conspiracy, obstruction of justice, and witness tampering,. DSD is a Norwegian-based shipping company that operates the oil tanker M/T Stavanger Blossom, a vessel engaged in the international transportation of crude oil. Also convicted at trial were three engineering officers, Bo Gao, Xiaobing Chen, and Xin Zhong, employed by DSD to work aboard the vessel. Daniel Paul Dancu a fourth engineer pled guilty in October.
In 2014 DSD and its employees conspired to bypass pollution prevention equipment aboard the M/T Stavanger Blossom and to conceal the direct discharge of approximately 20,000 gallons waste oil and oil-contaminated waste water from the vessel into the sea over a two month period. The operation of marine vessels, like the M/T Stavanger Blossom, generates large quantities of waste oil and oil-contaminated waste water. International and U.S. law requires that these vessels use pollution prevention equipment to preclude the discharge of these materials. Should any overboard discharges occur, they must be documented in an oil record book, a log that is regularly inspected by the U.S. Coast Guard. DSD and the engineering officers were convicted of violating the APPS for failing to record overboard discharges in the vessel’s oil record book and garbage record book, and with obstruction of justice and witness tampering for presenting false documents and deceiving the Coast Guard during an inspection.
DSD could be fined up to $500,000 per count, in addition to other possible penalties. Gao, Chen, and Zhong face a maximum penalty of 20 years in prison for the obstruction of justice charges
Resident Agent in Charge John Allen with the United States Coast Guard Investigative Service stated, "CGIS is dedicated to holding those individuals and Corporations accountable who violate United States and International law. CGIS will vigorously prosecute anyone who presents false documents to the U.S. Coast Guard or obstructs vessel examinations performed by the U.S. Coast Guard."
United States Attorney, Kenyen R. Brown was pleased with the outcome of the trial. Brown went on to say, "I am pleased with the record of this office in pursuing environmental crimes. We will continue to prosecute corporations and individuals to protect our resources here along the Gulf Coast as well as around the World. We need to ensure that all foreign vessels and corporations comply with U.S. Coast Guard Examinations to ensure these resources are protected."
This case was investigated by the U.S. Coast Guard Sector Mobile, U.S. Coast Guard District Eight, U.S. Coast Guard Investigative Services and the Environmental Protection Agency, Criminal Investigations Division. Assistant U.S. Attorney Michael D. Anderson, with the U.S. Attorney's Office for the Southern District of Alabama, and ECS Trial Attorney Shane N. Waller prosecuted the case.
Armed Marijuana Dealers Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Tony and Tommy Nguyen, brothers who live in Mobile, were sentenced today in federal court for their participation in a marijuana distribution conspiracy. The brothers pled guilty to gun and drug charges in June of 2015.
Tony Nguyen, 24, pled guilty to being a prohibited person (drug user) in possession of a firearm and conspiracy to possess with intent to distribute marijuana. Tommy Nguyen, 23, pled guilty to conspiracy to possess with intent to distribute marijuana and using, carrying, and possessing a firearm in relation to and in furtherance of a drug trafficking felony. Court documents reflect that Tony Nguyen traveled to the United States post office on St. Joseph Street in Mobile to pick up a package that had been identified as suspicious. He was confronted at the post office by Mobile County sheriff’s deputies and consented to the deputies’ request to open the package. It contained five pounds of high-grade marijuana. The sheriff’s deputies obtained search warrants for two apartments leased in Tony Nguyen’s name, and discovered three guns, six boxes identical to the one in the package where the marijuana had been shipped, 191 plastic bags identical to the ones used to package individual pounds of marijuana in the shipments, eight more pounds of marijuana, scales, packaging materials and other paraphernalia used in the consumption and distribution of marijuana. A second package identical to the one picked up by Tony Nguyen was also intercepted by postal investigators, and it was also found to contain five additional pounds of the same type of marijuana. Tommy Nguyen claimed residence in one of the two apartments leased in Tony Nguyen’s name. The apartment where Tommy Nguyen lived was where the bulk of the packaging and distribution of the drugs took place. He was present there when the sheriff’s deputies arrived to pursue the investigation. A third conspirator, Nick Somphonphakdy, 19, of Bayou La Batre, was also present in that apartment with Tommy Nguyen and admitted that he lived there with Tommy. Somphonphakdy was sentenced in September of this year to 90 months imprisonment.
United States District Court Judge William H. Steele imposed a sentence of 21 months in Tony Nguyen’s cases, and ordered that that the sentences run concurrently. He did not impose a fine, but ordered that Tony Nguyen pay $100 in special mandatory assessments. Tony was ordered to serve a three-year term of supervised release, which will commence when he is released from prison. As for Tommy Nguyen, Judge Steele imposed a sentence of 75 months imprisonment, consisting of 15 months on the drug charge consecutive to 60 months on the gun charge. Tommy was ordered to serve a five-year term of supervised release, which will commence on his release from prison. He is also required to pay $200 in special mandatory assessments.
The case was investigated by the United States Postal Inspectors and the Mobile county Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Sentenced in Jury Tampering CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jonathan Lawrence Oneal, 42, of Monroeville, was sentenced to three years of probation for attempted jury tampering. Oneal was sentenced by United States District Callie V.S. Granade, and in addition to the prison term, sentenced Oneal to pay a fine of $3,000.
Oneal pled guilty to corruptly endeavoring to influence, obstruct and impede the due administration of justice in the trial of United States v. Hastie. According to the plea agreement filed in the case, Oneal received a telephone call from one of the defendants in that trial and was asked if he knew any of the individuals identified as potential jurors. Oneal did, and agreed to pass a message to the potential jurors through the potential juror’s wife. Oneal contacted the wife of the potential juror at least twice in an attempt to influence the trial.
The case was investigated by the Federal Bureau of Investigation and the Monroe County Sheriff’s Office. The prosecution was handled by Assistant United States Attorney Sean P. Costello.
"Spice" Conspirator Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Irvin Louis Kendrick, 51, of Prichard, Alabama, was sentenced in federal court today for his role in a conspiracy to distribute synthetic marijuana, or "spice," and a conspiracy to launder drug money. Kendrick pled guilty to the charges in April of 2015.
United States District Court Judge Callie V. S. Granade imposed a sentence of 64 months in Kendrick’s cases, and ordered that the sentences run concurrently with each other. She ordered that when he is released from his prison sentence, Kendrick will serve three years of supervised release on each case, to run concurrently. The judge imposed $200 in mandatory special assessments, but did not order a fine. As a condition of his supervision, the judge ordered that Kendrick will be monitored for drug and alcohol abuse.
The case was investigated by the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Sex Offender SentenceRead the Press Release
The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Michael Robert Erskine was sentenced for receipt of child pornography in violation of 18 U.S.C. Section 2252A(a)(2) and failure to register as a sex offender in violation of 18 U.S.C. Section 2250(a).
Erskine was convicted in 1995 of Aggravated Sexual Battery on an eight year old victim in Hampton, Virginia. As a result of this conviction, Erskine was required to register as a sex offender. He was arrested on December 22, 2014 by the Saraland Police Department after he attempted to travel to the Philippines without prior approval. The Saraland Police Department referred the case to the United States Marshals Service for investigation of a federal charge of failure to register as a sex offender. The case was also referred to Homeland Security Investigations because images of child pornography were found on his computer.
At the sentencing hearing before Judge Kristi Dubose, the United States played portions of defendant’s taped statement admitting that he used the images in order to satisfy his urges for children. Because of the prior conviction and the continuing danger that he posed to the community, Erskine was sentenced to serve 180 months imprisonment and a life time term of supervised release.
This case was investigated by the Saraland Police Department, United States Marshals Service and the Department of Homeland Security. The case was prosecuted by the United States Attorney=s Office for the Southern District of Alabama, AUSA Maria Murphy.
Sentences Imposed in Marion Drug CasesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that on September 24, 2015, sentences were imposed in a case involving the distribution of substantial amounts of marijuana, cocaine and crack cocaine in and around Marion, Alabama. The small rural community had been the focus of a three-year federal investigation into drug trafficking, gun violence and money laundering involving numerous state and federal agencies.
At the sentencing hearings, Judge Kristi K. Dubose received stipulations from all the defendants that at least 1,000 kilograms (more than 1 ton) of marijuana was distributed through the conspiracy.
The defendants were Van Tubbs, 49, of Ft. Wayne, Indiana; Skylark Russell, 46, of Centreville, Alabama; Anthony Dewayne White, 39, of Marion; Kelvin Greene, 39, of Marion, Anthony Davis, 39, of Grove Hill, Alabama; and Shanda Tutt, 37, of Marion. All the defendants pled guilty to conspiracy to possess with intent to distribute controlled substances. Russell and Tubbs also pled guilty to conspiring to launder drug proceeds. Judge Dubose imposed the following sentences:
Van Tubbs was sentenced to 180 months in prison, to be followed by a five year term of supervised release. He was ordered to pay $200 in special mandatory assessments.
Kelvin Greene was sentenced to 60 months in prison, to be followed by a five year term of supervised release. He was ordered to pay $100 in special mandatory assessments.
Anthony Davis was sentenced to 54 months in prison, to be followed by a five year term of supervised release. He was ordered to pay $100 in special mandatory assessments.
Skylark Russell was sentenced to 36 months in prison, to be followed by a five year term of supervised release. He was ordered to pay $200 in special mandatory assessments.
Anthony White was sentenced to 48 months in prison, to be followed by a five year term of supervised release. He was ordered to pay $100 in special mandatory assessments.
Shanda Tutt was sentenced to 366 days in prison, to be followed by a five year term of supervised release. She was ordered to pay $100 in special mandatory assessments.
No fines were imposed in any of the cases.
The federal prosecution resulted through the participation of the following agencies: Bureau of Alcohol, Tobacco, Firearms and Explosives, 4th Judicial Circuit Task Force, Alabama Law Enforcement Agency, Alabama Attorney General’s Office, Internal Revenue Service, United States Secret Service, and the United States Department of Agriculture Office of Inspector General. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Sentenced on Carjacking and Federal Firearm ChargesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Letrenton Napoleon Nickles of Mobile was sentenced to 22 years imprisonment by Senior United States District Court Judge Charles R. Butler. The sentencing followed a June 2015 guilty plea to charges of carjacking; brandishing a firearm during a crime of violence; and, prohibited possession of a firearm. Nickles was prohibited from possessing a firearm or ammunition by virtue of previous felony convictions for Manslaughter and Possession of Marijuana, First Degree.
At approximately 7:00 a.m. on October 22, 2014, Mobile Police Department (MPD) officers responded to a robbery call at a residence located off Halls Mill Road in Mobile. The officers found two elderly residents were victims of a home invasion and carjacking committed by Nickles, while armed with a handgun. Nickles followed the female victim into the residence from the carport, pointed a handgun at her, and ordered her to the ground in the living room. When she screamed, her husband came to the living room and saw Nickles standing over his wife pointing a handgun at her. Nickles pointed the firearm at the husband and ordered him to lie down on the floor also. Nickles cursed them, and demanded their car keys, and then money. Nickles took the female victim back to the bedroom at gunpoint to retrieve the car keys. Nickles took the victims’ cell phone and went out to the carport and drove away in their vehicle.
At approximately 2:15 a.m. on October 23, 2014, officers of the Mobile Police Department observed the stolen vehicle near Holcombe Avenue and Government Street. When officers attempted to stop the vehicle using emergency lights, Nickles did not stop and drove away at a high rate of speed. MPD officers pursued Nickles and he lost control and crashed the vehicle into a guard rail and power pole on Cottage Hill Road near the intersection of Demotropolis Road. A 9mm semi-automatic pistol was recovered from inside the vehicle.
Carjacking is a violation of Title 18, United States Code § 2119 and is punishable by a maximum term of imprisonment of 15 years. Brandishing a firearm during and in furtherance of a crime of violence is a violation of Title 18, United States Code § 924(c), and is punishable by a minimum mandatory consecutive term of imprisonment of 7 years, up to life. Prohibited possession of a firearm is a violation Title 18, United States Code § 922(g)(1), and is punishable by a term of imprisonment of 10 years.
This case was referred for prosecution by ATF Special Agent Nicholas P. Murphy working in conjunction with the Mobile Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Letrenton Napoleon Nickles of Mobile was sentenced to 22 years imprisonment by Senior United States District Court Judge Charles R. Butler. The sentencing followed a June 2015 guilty plea to charges of carjacking; brandishing a firearm during a crime of violence; and, prohibited possession of a firearm. Nickles was prohibited from possessing a firearm or ammunition by virtue of previous felony convictions for Manslaughter and Possession of Marijuana, First Degree.
At approximately 7:00 a.m. on October 22, 2014, Mobile Police Department (MPD) officers responded to a robbery call at a residence located off Halls Mill Road in Mobile. The officers found two elderly residents were victims of a home invasion and carjacking committed by Nickles, while armed with a handgun. Nickles followed the female victim into the residence from the carport, pointed a handgun at her, and ordered her to the ground in the living room. When she screamed, her husband came to the living room and saw Nickles standing over his wife pointing a handgun at her. Nickles pointed the firearm at the husband and ordered him to lie down on the floor also. Nickles cursed them, and demanded their car keys, and then money. Nickles took the female victim back to the bedroom at gunpoint to retrieve the car keys. Nickles took the victims’ cell phone and went out to the carport and drove away in their vehicle.
At approximately 2:15 a.m. on October 23, 2014, officers of the Mobile Police Department observed the stolen vehicle near Holcombe Avenue and Government Street. When officers attempted to stop the vehicle using emergency lights, Nickles did not stop and drove away at a high rate of speed. MPD officers pursued Nickles and he lost control and crashed the vehicle into a guard rail and power pole on Cottage Hill Road near the intersection of Demotropolis Road. A 9mm semi-automatic pistol was recovered from inside the vehicle.
Carjacking is a violation of Title 18, United States Code § 2119 and is punishable by a maximum term of imprisonment of 15 years. Brandishing a firearm during and in furtherance of a crime of violence is a violation of Title 18, United States Code § 924(c), and is punishable by a minimum mandatory consecutive term of imprisonment of 7 years, up to life. Prohibited possession of a firearm is a violation Title 18, United States Code § 922(g)(1), and is punishable by a term of imprisonment of 10 years.
This case was referred for prosecution by ATF Special Agent Nicholas P. Murphy working in conjunction with the Mobile Police Department. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Gun Felon Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that James Browder Horn, II, 37, of Troy, Alabama, was sentenced in federal court this morning for being a felon in possession of a firearm and using and carrying a firearm during a drug trafficking felony. United States District Court Judge William H. Steele imposed a total sentence of 90 months imprisonment, consisting of 30 months on the felon in possession charge followed by 60 months mandatory consecutive time on the second gun count. The judge ordered that Horn undergo drug abuse treatment. The judge also ordered that when Horn is released from jail, he will serve a five year term of supervised release, during which he will undergo additional testing and treatment for drug and alcohol abuse. Horn was also ordered to pay $200 in special mandatory assessments, but no fine was imposed.
The case was investigated by the Mobile County Police Department, the Mobile County Sheriff’s Office, the Mobile County Street enforcement Narcotics Team, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Mobile Woman Sentenced to Federal Prison for Mail Fraud, Bankruptcy FraudRead the Press Release
United States Attorney Kenyen Brown announces that Jean Sanborn of Mobile, Alabama was sentenced to thirty (30) months imprisonment and three years supervised release in United States District Court for the Southern District of Alabama in Mobile, Alabama on September 28, 2015. Sanborn had pled guilty to one count of mail fraud in regard to falsely claiming to be entitled to monies in an insurance claim she filed with State Farm Insurance for a fire at her former business, The Complete Skin Care Center, 3404 Old Shell Road in Mobile, and one count of falsification of documents in relation to a bankruptcy case. Sanborn was also ordered to pay restitution of $490,495.27.
Sanborn’s claim for monies in the insurance claim to State Farm was false and fraudulent because Sanborn knew that she started the
Sunday, December 21, 2008 fire intentionally or with willful disregard of the fact that a fire would occur through her actions. Sanborn knew that she was therefore not entitled to payment on the claim.
Sanborn also pled guilty to a charge that her sworn Schedule of Assets and Statement of Financial Affairs filed in her July, 2014 bankruptcy case falsely
answered questions about her investments and income, which concealed the investments and income from the bankruptcy court, the Trustee and creditors. The statutory maximum penalty for the alleged violations is twenty years imprisonment, plus a fine of not more than $250,000.
The case was investigated by agents of the Mobile Office of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Mobile Fire Department. United States Attorney Kenyen R. Brown stated: "This prosecution shows that the Department of Justice understands its duty to work to ensure that Mobile firefighters and residents are not endangered by those who start fires to commit insurance fraud and that bankruptcy relief is allowed only to those who are honest and candid with the Court and creditors, and not to those who would scam the system." ATF Special Agent In Charge Steven Gerido stated: "This indictment shows ATF, Mobile Fire Department and the U.S. Attorney’s Office realize that starting a fire to commit insurance fraud is a crime of violence that places innocent people’s lives and property in harm’s way, and demonstrates their collaborative efforts to fight the crime of arson. ATF’s frontline strategy utilizes every available resource to make our communities a safer place to live." The case was prosecuted by Assistant U.S. Attorneys George May, Michael Anderson and Charles Baer on behalf of the United States Attorney=s Office for the Southern District of Alabama.
Strickland Youth Center to Become Accessible for People with DisabilitiesRead the Press Release
United States Attorney Kenyen R. Brown announced that his office has reached a settlement agreement with the Mobile County Commission to retrofit the Strickland Youth Center (SYC) so that it can be used by individuals with disabilities. The agreement resolves charges by the United States Attorney’s Office that the County violates Title II of the Americans with Disabilities Act (ADA) by failing to make the SYC facilities, programs and services available to persons with disabilities. Title II provides that no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services and activities provided by state and local governments because of a disability.
The SYC campus, located at 2315 Costarides Street, Mobile, Alabama, is home to the Juvenile Court Division of the 13th Judicial Circuit, State of Alabama, and the Mobile County Juvenile Detention Facility. Constructed in 1972, the main building houses four court rooms, a ninety-five (95) bed youth detention center, juvenile probation services, a twelve (12) bed youth crisis center, health clinic, cafeteria, classrooms, and other court-sponsored programs held weekly for juveniles, their parents and guardians. Although the main facility at SYC was built prior to passage of the Americans with Disabilities Act (ADA) in 1991, SYC was required by the ADA to make structural changes no later than January 26, 1995. 28 CFR § 35.150(c)(d). This was never done.
Since that time, SYC has added a newly constructed court records office, two separate juvenile dormitories, connecting breezeways, attorney conference rooms and more courtrooms. None of these alterations addressed the original barriers to entry, nor were the altered portions of the buildings made readily accessible to the maximum extent feasible. See 28 C.F.R. § 35.151(b).
Acting on a complaint from a wheelchair user, in 2014 the United States conducted an ADA compliance survey of SYC. The County cooperated fully in the survey process, which revealed significant violations of the ADA. Twenty-four years after passage of the ADA, there is not a single bathroom in the entire facility that is accessible to persons using wheelchairs. The designated accessible entrance to the main building is located at the opposite end of the building from the main entrance, through a locked door which can only be opened by court security personnel summoned by telephone. Courtrooms, offices, dormitories, administration buildings and parking lots: all present structural barriers to use by persons with disabilities.
County officials and employees cooperated with the compliance review and site visits, and demonstrated their commitment to ensuring that SYC services and programs become accessible to all persons, regardless of disability. The parties now have decided to resolve this matter as set forth below without adjudication of factual and legal disputes, by entering into the attached Settlement Agreement.
In order to ensure that people with disabilities be able to use SYC facilities, services and programs to the fullest extent possible, the County has agreed to make the following changes:
- Main Exterior Entrance to the Courthouse – The County will provide an ADA compliant ramp to the main entrance of the courthouse, and will locate six (6) accessible parking spaces with adjoining access aisles and curb cuts at this entrance.
- Exterior Intake Entrance – An ADA compliant ramp with appropriate signage will be provided at this entrance, which is used during evening hours and weekends as a public entrance.
- Courthouse Interior – A unisex accessible bathroom will be added near the main lobby for use by persons with disabilities. Both the receptionist area and the clerk’s office will be moved and will be provided with accessible information and payment windows. ADA compliant signage and accessible drinking fountains will be provided, as well as access to courtrooms, offices and attorney conference rooms.
- Juvenile Detention Facility – Accessible bathing and toilet facilities will be located inside each of three juvenile detention areas (girls, boys, and youth crisis center). The existing toilet room in the intake area will be altered so as to become accessible.
- Administration Building – Two accessible restrooms, male and female, will be created by modifying existing restrooms, and accessible drinking fountains will be provided. Two (2) accessible parking spaces with adjoining access aisles will be located at the entrance to this building, together with an accessible approach from the parking area.
- Leadership Building – Two new accessible unisex toilet rooms will be constructed, along with appropriate signage and interior entrances as well as the front entrance doors will be altered to provide access for persons with disabilities.
- Access to Public Street - An ADA compliant sidewalk will be constructed from the right-of-way on Costarides Street to the Administration building and thence to the parking lot in front of the main facility. Crosswalks and curb cuts will be located so that persons with disabilities may cross the parking lot to the main entrance and the Leadership building.
“Ensuring that the Strickland Youth Center, its facilities, programs and services can be used by everyone fulfills a core tenet of the ADA: that the courts must be open to all people, including those with disabilities,” said United States Attorney for the Southern District of Alabama Kenyen R. Brown. “We commend the Mobile County Commission’s commitment to make significant changes to bring the SYC into compliance with the ADA.”
The claims settled by this agreement are allegations only, and there has been no determination of liability. The investigation and litigation were conducted by the United States Attorney’s Office for the Southern District of Alabama. The attorney handling the matter is Assistant United States Attorney Holly L. Wiseman.
The Settlement Agreement was reached under Title II of the ADA, which provides that no qualified person with a disability may be excluded from participating in, or denied the benefits of, the programs, services and activities provided by state and local governments because of a disability. Those interested in finding out more about the ADA may call the Justice Department’s toll-free information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov.
Two Texas Men Sentenced to Prison in Stolen Polysilicon CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Judge Kristi K. DuBose sentenced Wasi Ismail Syed, age 38, of McKinney, Texas, to serve 24 months in prison, and sentenced Syed’s brother-in-law Shahab Uddin Mir, age 35, of Frisco, Texas, to serve 3 months in prison, and ordered them to make restitution, for their respective roles in criminal offenses involving a scheme to buy and sell stolen polysilicon and to launder the proceeds from these transactions.
Co-defendants William Short of Loxley, Alabama, George Welford of Gautier, Mississippi, and Darlene Row of Dallas, Texas, will be sentenced on October 9, 2015.
William Short and George Welford are former employees of the Mitsubishi Polysilicon manufacturing plant located in Theodore, Alabama. The plant produces exceptionally high-grade polysilicon, which is a material used in the manufacturing of computer chips that control high-tech devices from supercomputers, to hospital equipment, avionics, and weapons systems. The polysilicon produced at the Theodore plant is ultra-pure. There are only four plants in the United States, and approximately a dozen worldwide, that produce this type of high-grade polysilicon.
In late 2008, Short and Welford began stealing polysilicon rods from the Mitsubishi plant. Using reinforced backpacks and lunch pails, Short and Welford walked several rods per day out of the plant and into their vehicles. Before long, Short and Welford had stolen so much polysilicon that they needed a storage unit, and ultimately a warehouse to house the stolen material. Since the rods were stolen very shortly after coming out of the reactors, they were not etched or vacuum-sealed in a clean room like the finished rods coming out of the plant. Consequently, the rods lacked the normal specification sheets that are attached to the packaging.
Soon after they started stealing the polysilicon rods, Short and Welford began looking for a purchaser. Using the aliases William Smith (Short) and Butch Cassidy (Welford), the pair found Horizon Silicon online. The Dallas, Texas-based company was owned and operated by brothers-in-law Wasi Syed and Shahab Mir, and Darlene Row worked as a secretary.
Short and Welford negotiated with Syed and Row for the price and amount of polysilicon to be sold. During the course of the initial negotiations, Syed flew to Pensacola, Florida, to see the polysilicon for himself. This meeting, in which Syed tested the polysilicon with a resistivity meter to check its purity level, occurred at night in a Krystal’s parking lot.
After testing the buckets of polysilicon, Syed agreed to buy the polysilicon from Short and Welford for a price well below the market value. One condition of the deal was that payments were to be made in cash and in person.
Between February 2009 and March 2014, Short and Welford stole, and then subsequently sold, approximately 40 metric tons of Mitsubishi polysilicon rods to Syed. Typically, Syed would find a buyer for the polysilicon he was purchasing from Short and Welford, then Row would arrange for the polysilicon to be picked up and delivered to a port city on the west coast. Finally, Mir would fly or drive to Mobile, Alabama, and other locations along the Gulf Coast, with either backpacks or suitcases full of cash to pay Short and Welford.
The stolen polysilicon, valued at approximately $2.4 million, was exported from the United States after Syed sold the polysilicon to other buyers. While the final destination for all of the stolen polysilicon rods is not clear, at least some of the material ended up in the People’s Republic of China.
In early 2014, Short and Welford were caught by Mitsubishi. Syed, Mir, and Row were subsequently arrested in Texas in May 2014.
This matter was investigated by Homeland Security Investigations and IRS-Criminal Investigations in Mobile, Alabama, with assistance from the Dallas, Texas office of these agencies. The case was prosecuted by Donna B. Dobbins and Christopher J. Bodnar, Assistant United States Attorneys with the U.S. Attorney’s Office for the Southern District of Alabama.
Meth Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Calvin James Monceaux, 38, of Daphne, was sentenced today in federal court. Monceaux pled guilty to conspiracy to possess with intent to distribute methamphetamine in May of 2015.
United States District Court Judge Callie V. S. Granade ordered that Monceaux serve a sentence of 122 months imprisonment, which will be followed by a five-year term of supervised release, which will commence when he is released from prison. As a special condition of his supervision, Monceaux will undergo drug testing and treatment. Judge Granade ordered that Monceaux pay $100 in special mandatory assessments, but she did not impose a fine.
The case was investigated by the the Mobile County Sheriff’s Office and the Department of Homeland Security Investigations. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Nick Somphonphakdy, 19, of Bayou La Batre, was sentenced today in federal court for his role in a marijuana distribution conspiracy. Somphonphakdy pled guilty to conspiracy to possess with intent to distribute marijuana and possession of a firearm in furtherance of a drug trafficking felony in June of 2015.
United States District Court Judge William H. Steele ordered that Somphonphakdy serve a total sentence of 90 months imprisonment, consisting of 30 months on the drug charge consecutive to 60 months on the gun charge. He also ordered that Somphonphakdy serve a five-year term of supervised release, which will commence when he is released from prison. As a special condition of his supervision, Somphonphakdy will undergo drug testing and treatment. Judge Steele ordered that Somphonphakdy pay $200 in special mandatory assessments, but he did not impose a fine.
The case was investigated by the United States Postal Inspectors and the Mobile County Sheriff’s Office. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Mobile County Man Sentenced to 37 Months for Possession of Stolen FirearmRead the Press Release
The United States Attorney Kenyen Brown announces that Devine Kun a 20 year old, resident of Mobile, Alabama was sentenced today to 37 months incarceration followed by three years of supervised release for possession of a Taurus .22 caliber pistol.
On June 16, 2015, Mr. Kun pled guilty to possessing the firearm and to participating in the burglary of the home where the firearm was stolen.
Special agents of the Bureau of Alcohol Tobacco Firearms and Explosives investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Announcement of the Second Chance OR Else (SCORE) Drug Market Intervention ProgramRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama, Mobile Police Department (MPD) Chief of Police James Barber, Health Officer for Mobile County, Bernard H. Eichold II, and community leaders from Mobile’s Campground neighborhood announce a ceremony to acknowledge the successful progress of the Second Chance OR Else (SCORE) Program participants. The ceremony will take place on September 17, 2015 at Mount Olive Missionary Baptist Church located at 409 Lexington Avenue in Mobile, Alabama at 6pm. Friends and family members of the SCORE Program participants, law enforcement, the community and the media are encouraged to attend.
The SCORE Program is a collaborative Drug Market Intervention Program (DMIP) of the US Attorney’s Office, MPD, Mobile County Health Department’s Fatherhood Initiative and community leaders from Mobile’s Campground community. The purpose of the SCORE Program is to make the community safer by providing a select few street or low-level non-violent drug dealers an opportunity to engage in an intensive community mentorship program where the participants are connected with social service providers, community leaders and area clergy, all of which can assist them in transitioning their behavior and lives away from a life of crime. Participation in the SCORE is one year. Next week’s event marks SCORE Program participants’ successful six month participation in the program.
US Attorney Brown and Chief Barber will be available for interviews at the conclusion of the ceremony on September 17th.
Convicted Felon Sentenced for Illegal Possession of GunsRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Tommy Ladon Burt, 41, of Evergreen, was sentenced today in federal court on a single charge of being a convicted felon in possession of a firearm. Burt pled guilty to the charge in April of this year.
United States District Court Judge William H. Steele imposed a sentence of 21 months imprisonment, and he ordered that Burt undergo drug and mental health treatment while in custody. He also ordered that Burt receive drug and mental health treatment as conditions of his supervised release term of three years, which will commence when he is released from his prison sentence. No fine was imposed in the case.
The case was investigated by the Conecuh County Sheriff’s Office, the Alabama Law Enforcement Agency, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Armed Drug Dealer Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Jaquan Arkeem Hale, 25, of Mobile, was sentenced to 111 months in federal court this afternoon for his convictions on drug and gun offenses. Hale pled guilty to two charges, possession with intent to distribute marijuana and using and carrying a firearm in relation to a drug trafficking felony, in March of this year. Court documents show that Hale already had two prior convictions in state court for possession of marijuana in the first degree when he was arrested on the gun and drug offenses giving rise to the federal indictment.
United States District Court Judge Callie V. S. Granade pronounced the sentence in Hale’s case, which consisted of 51 months imprisonment on the drug count, to be followed by a consecutive sentence of 60 months on the gun count, for a total prison sentence of 111 months. Judge Granade ordered that Hale serve a three-year term of supervised release when he completes his prison sentences, but she did not impose a fine. She ordered that Hale pay $200 in special mandatory assessments.
The case was investigated by the Mobile County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria A. Bedwell.
Federal Indictments Charge Federal Firearm OffensesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Indictments charging defendants with federal firearms charges were unsealed today. This action follows early morning arrests of many of these defendants, by a multi-agency group of law enforcement led by Special Agents and Task Force Officers of the Bureau of Alcohol, Tobacco, Firearms & Explosives. The majority of the charges resulted from investigations of illegal firearm possession, which were referred by the Prichard Police Department to the local office of the Bureau of Alcohol, Tobacco, Firearms and Explosives, in cooperation with the Mobile Police Department.
The Indictments charge the majority of the defendants with being a prohibited person in possession of a firearm. In most of the cases the defendants were prohibited from possessing firearms or ammunition by virtue of a prior felony conviction, which is a violation of Title 18 United States Code § 922(g)(1). The statutory maximum penalty provided by law for each of these charges is 10 years imprisonment. However, if a defendant has qualifying prior felony convictions for serious drug offense or crimes of violence, the minimum mandatory sentence is 15 years, up to life imprisonment.
United States Attorney Kenyen Brown offered commendations for the collaborative efforts of the law enforcement agencies. "Today we are witness to the positive effects of cooperation and leadership in our community’s law enforcement agencies. I especially want to recognize the lead role taken by the local office of the Bureau of Alcohol, Tobacco, Firearms & Explosives. It is our mission to offer every bit of assistance available to small communities throughout our District, like the City of Prichard, who are striving to address violent crime, and the effects it has on its citizens."
Prichard Mayor Troy Ephriam said, "We appreciate the relationships and continued support of our county, state and federal law enforcement partners as we continue to make the City of Prichard a safe place to live and work. These agencies clearly want to help. We see this kind of collaborative effort as the path forward and will continue to develop and leverage our relationships to use all of the resources available to us in making our city a safe place to live and work."
Prichard Police Chief Bernard Parrish added, "Our top priority is to protect our citizens and keep the peace in the City of Prichard. It is important for people to know we are serious about enforcing the law and following the orders of the courts. We thank the U.S. Department of Justice, the U.S. Department of Alcohol, Tobacco and Firearms, the U.S. Marshall's Office, Mobile County Sheriff's Office and, of course, our own officers from the Prichard Police Department for this well-planned, targeted effort to make our city safer. Their support and active involvement is invaluable."
S.T.Y.L.E.Read the Press Release
The Daphne Police Department, along with the Mobile FBI and The United States Attorney Kenyen R. Brown of the Southern District of Alabama, announce they will be hosting Successful Tips for Youth on Law Enforcement Encounters, also known as S.T.Y.L.E. The S.T.Y.L.E program will take place at the Macedonia Baptist Church in Daphne on August 13th 2015. This program is specifically tailored for high school students, who will participate in several mock scenarios on how to engage law enforcement. These scenarios will include instructions on how to respond when approached by law enforcement officers while driving a car, on the street or at home. Additionally, in order to afford students with the opportunity to gain an appreciation for the split-second life or death decision law enforcement officers make on a daily basis, they will also have the opportunity to observe their chaperons participate in the FATS Simulator, which is a life sized video firearms training tool used by law enforcement. The program will conclude with the students participating in a roundtable discussion about the day’s events over lunch with individual officers.
The Daphne Police Department, United States Attorney Kenyen R. Brown and the Mobile FBI feel that law enforcement and the community it serves must "bridge the gap" with the recent events across the country. These tragic events can occur in smaller cities and rural areas as well as metropolitan areas. The Daphne Police Department would like to commend Special Agent in Charge of the Mobile FBI, Robert F. Lasky, and all of the agents and employees of the Mobile FBI along with Kenyen R. Brown, Southern District of Alabama United States Attorney, for their help in bringing this program to Daphne and the Macedonia Baptist Church.
This is an invitation for all media to cover the story. The program will begin at 9:00 am on August 13th and will last until approximately until 2:00 pm. Due to limited space, the program is full and not open to the public. The address is 902 Daphne Ave, Daphne, Alabama. We all hope to bring this program back to Daphne at a later date.
Woman Sentenced in Federal Court on Meth ChargesRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Heidi Elizabeth Hancock, 42, of Mobile, was sentenced today in federal court for her participation in conspiracy to manufacture methamphetamine and conspiracy to possess a List I chemical with knowledge it would be used to manufacture a controlled substance. Hancock pled guilty to the offenses on October 30, 2014. Court documents reflect that Mobile County sheriff’s deputies were looking for a co-conspirator, Justin Ryan Boles, to arrest him on active warrants. Pursuing a lead in the investigation, they knocked on the door of an apartment off Old Shell Road and Boles and other conspirators fled through another door. Other individuals were arrested and active methamphetamine labs were seized at that location. Hancock was one of the individuals involved in providing pseudoephedrine, a List I chemical used as a precursor during the methamphetamine manufacturing process. Boles was sentenced earlier this month to 168 months imprisonment for his role in the cases.
This morning, United States District Court Judge William H. Steele imposed a sentence of 84 months on each count, to be served concurrently. The judge also ordered that Hancock serve a period of supervised release of three years following her release from prison. Hancock was directed to undergo drug testing and treatment as a special condition of her supervised release. She was ordered to pay a special mandatory assessment of $200, but no fine was imposed.
Agencies participating in the investigation of the case were the Mobile County Sheriff’s Office and the Saraland Police Department. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Defendant Sentenced on Federal Firearm ChargeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Jason Rodney Clay of Gulf Shores was sentenced, following an October 2014 guilty plea to a charge of being a prohibited person in possession of a firearm. Clay was previously convicted in Ohio of Breaking & Entering, Theft and Criminal Damaging in 2002; and, Burglary, Theft, Misuse of Credit Cards and Forgery in 2009. Clay was also previously convicted in North Carolina of Possession of Cocaine in 2005; and, four counts of Larceny of Motor Vehicle and Breaking & Entering a Motor Vehicle and Felony Larceny in 2007. By virtue of these convictions Clay is prohibited from possessing firearms or ammunition.
On July 28, 2014, in the early morning hours, Gulf Shores Police Officer Seth Hedley was patrolling West Lagoon Avenue when he noticed Clay wearing dark clothing and looking into several vehicles. Officer Hedley requested backup, and then made contact with Clay. When asked if he had any weapons, Clay said no. During a pat down search, a loaded Springfield XD 9 mm semi-auto handgun was found tucked in his waistband in the small of his back. Clay said that he found the firearm back by the stop sign.
On August 2, 2014, an individual called the Gulf Shores Police Department to report that his vehicle had been broken into while vacationing at a house on West Lagoon Avenue. The individual was already on his way back to Oklahoma, when he noticed his firearm was missing. He said his firearm was pushed down between the seat and the console, but there was no forced entry into the truck and it may have been left unlocked. He described his firearm by make, model and serial number, and the Officer taking the report recognized the description as the firearm that had been recovered earlier in the week from Clay.
Possession of a firearm or ammunition by a previously convicted felon is a violation of Title 18, United States Code Section 922(g)(1). United States District Court Judge Callie V.S. Granade imposed a guideline sentence of 113 months imprisonment, to be followed by 3 years of supervised release.
This case was referred for prosecution by Federal Bureau of Investigation Task Force Officer Joseph Sullivan, with assistance from the Gulf Shores Police Department.
Monroeville Man Guilty of Trafficking DrugsRead the Press Release
The United States Attorney, Kenyen R. Brown, announces that Frederick Miller was found guilty after a jury trial in Federal Court. The jury returned a guilty verdict on all charged counts, namely, Conspiracy to possess and distribution of more than 500 grams of Cocaine, 300 grams of Crack Cocaine and 100 pounds of Marijuana, Possession of Cocaine, Crack Cocaine and Marijuana. Miller was also convicted of possessing three firearms in furtherance of a drug trafficking crime in violation of 18 United States Code, Section 924(c)
Mr. Miller must immediately forfeit $28,417.00 cash.
This case was investigated by the 35th Judicial Circuit Task Force and the Federal Bureau of Investigation. This case was prosecuted Assistant U.S. Attorney Gregory A. Bordenkircher.
Meth Cook Sentenced in Federal CourtRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Justin Ryan Boles, 32, of Mobile, was sentenced today in federal court for his participation in conspiracy to manufacture methamphetamine and conspiracy to possess a List I chemical with knowledge it would be used to manufacture a controlled substance. Boles pled guilty to the offenses on November 14, 2014. Court documents reflect that Boles was manufacturing methamphetamine at a residence in west Mobile when his clandestine lab exploded and the house burned to the ground. Later, he fled from sheriff’s deputies when they had information that he was manufacturing methamphetamine in an apartment off Old Shell Road. Other individuals were arrested and active methamphetamine labs were seized at that location, but Boles evaded arrest. He was finally taken into custody when deputies located him at another residence in west Mobile. Boles was implicated as a prolific methamphetamine "cook" with numerous suppliers of pseudoephedrine pills, which is the List I chemical that acts as a precursor in the methamphetamine manufacturing process.
This morning, United States District Court Judge William H. Steele imposed a sentence of 188 months on each count, to be served concurrently. The judge also ordered that Boles serve a period of supervised release of three years following his release from prison. Boles was directed to undergo drug testing and treatment as a special condition of his supervised release. He was ordered to pay a special mandatory assessment of $200, but no fine was imposed.
Agencies participating in the investigation of the case were the Mobile County Sheriff’s Office and the Saraland Police Department. It was prosecuted in the United States Attorney’s Office by Assistant United States Attorney Gloria Bedwell.
Gulf Coast Asphalt Company Enters Guilty Plea to Violations of the Oil Pollution Act and the Migratory Bird Treaty Act for A 2011 Oil Spill That Went into the Mobile RiverRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that representatives for Gulf Coast Asphalt Company, LLC appeared in U.S. District Court for the Southern District of Alabama today. Gulf Coast Asphalt Company, LLC entered a plea to two counts of an information charging violations of the Oil Pollution Act and Migratory Bird Treaty Act. These charges relate to an oil spill that occurred on September 1, 2011, and ultimately ended up in the Mobile River.
The information charges that the discharge of oil was caused by an over-fill of oil during a tank to tank transfer when employees pumped oil into the receiving tank under pressure. Because employees miscalculated the tank volume of the receiving tank prior to the transfer and engaged in the transfer of oil without employing proper procedures, the tank ruptured and oil was released into a secondary containment area and ultimately into the Mobile River. The information goes on to charge that because of this discharge of oil the Mobile River was closed to ship and vessel traffic by the United States Coast Guard and fish and wildlife were negatively impacted.
As part of the plea agreement Gulf Coast Asphalt Company, LLC has agreed to pay a total of one million dollars in criminal penalties. $667,000.00 will be paid in a criminal fee. The remaining penalty in the amount of $333,000.00 will be in the form of an organizational community service payment to the National Fish and Wildlife Foundation. The community service payment shall be applied by the National Fish and Wildlife Foundation to fund projects for the preservation and restoration of waterways and marine wildlife in and around the Southern District of Alabama.
Gulf Coast Asphalt Company, LLC also agreed to pay restitution in the amount of $292,000.00 to the United States Coast Guard and $75,000.00 to the Alabama Department of Conservation and Natural Resources, Wildlife and Freshwater Fisheries Division.
These penalties and restitution are collected above the statutory requirement under the Oil Pollution Act that the responsible party for the oil spill pays the expense of the environmental cleanup and environmental remediation.
The United States Attorney, Kenyen R. Brown stated, "this settlement is a fair and just resolution to this matter." Brown is pleased that the company agreed to pay an amount to the National Fish and Wildlife Foundation that will fund environmental projects here in the Southern District of Alabama. "This outcome could not be achieved without the diligent investigation and efforts of the U.S. Environmental Protection Agency (EPA) and the U.S. Fish and Wildlife Service (Service)," stated Brown.
"America’s environmental laws are designed to protect clean and safe water sources," said Andy Castro, Acting Special Agent in Charge of EPA’s criminal enforcement program in Alabama. "When operators fail to pay attention to required safety procedures and equipment, they not only harm natural resources and communities, they break the law. Given the nature of the violations, it is appropriate that the defendant will pay one-third of a million dollars in community service payment to the National Fish and Wildlife Foundation. Companies that damage the environment either through negligence or to save money can expect to face prosecution by EPA and its partner agencies."
"South Alabama has one of the most diverse ecological systems in the Southeast, and migratory birds are a key part of this ecosystem. In recent years, migratory bird populations in coastal Alabama have been severely affected by oil spills. This spill is yet another example of how human error has adversely affected migratory bird populations. The Service will continue to be vigilant in the prosecution of corporations and individuals responsible for harming migratory birds," said Luis Santiago, Special Agent in Charge in the Service’s Southeast Region.
"I am impressed with the collaborative efforts demonstrated during this investigation between Service and EPA law enforcement programs. I feel the cooperation displayed during this investigation is largely due to the relationships generated during quarterly Environmental Task Force meetings held by the U.S. Attorney’s Office in the Southern District of Alabama. These meetings allow state and federal agencies to meet and discuss environmental investigations and work effectively as a team," said Santiago.
This case was investigated by the U.S. Environmental Protection Agency, Criminal Investigation Division and U.S. Fish and Wildlife Service. The case was prosecuted by the United States Attorney’s Office for the Southern District of Alabama.
Reentry Task Force for Southwest Alabama to Be AnnouncedRead the Press Release
Senator Vivian Davis Figures and United States Attorney Kenyen Brown will hold a media event to announce the creation of the Project HOPE (Helping Offenders Pursue Excellence) Reentry Task Force for Southwest Alabama. Thirty-seven area leaders and stakeholders who have agreed to serve are being asked to develop a strategic plan that will address reentry issues and needs of ex-offenders who are transitioning back to area communities.
U.S. Attorney Kenyen Brown stated, "I’m excited that so many notable leaders from our regional community have answered the clarion call for change in Southern Alabama and the entire State of Alabama. I applaud their decision to lend us their experience and talents in order to come up with what we hope will be lasting solutions to the State’s criminal justice problems."
Senator Vivian Figures, the Chair of the Project HOPE Reentry Task Force, expressed, "There are growing concerns about the struggles inmates may encounter when released and the fears we all have about the endless cycles of arrest and re-incarceration that many experience." "It is in our best interest as their families, friends and neighbors that we forge new and hopeful pathways for those ready to chart new lives," said Senator Figures.
The formation of the Task Force is a collaborative effort encouraged by the Alabama Board of Pardons and Paroles and spearheaded locally by U. S. Attorney, Kenyen R. Brown, the Project HOPE Reentry Council and the Mobile Area Interfaith Conference. The planning process will create a network of partners committed to goals and implementation that will transform the reentry process.
The citizens of Southwest Alabama are increasingly aware of pressing issues that need to be addressed. The Alabama justice system is struggling with overcrowding and a high rate of recidivism. The Mobile County Metro Jail is the largest incarceration facility in Southwest Alabama and is straining to perform its duties as an arm of the local justice system. There is growing consensus in law enforcement, justice and elected officials that recidivism rates could be reduced by implementing basic strategies and services that help ex-offenders avoid being re-arrested and returned to jail. Building on existing community resources and with coordinated support, many ex-offenders would be able to make choices
that could lead to renewed hope and increased opportunities as law-abiding and self-sufficient citizens, thereby reducing recidivism for those deserving of another chance.
This event is intended for all media outlets that provide news and information for public awareness and for rallying public support for reentry initiatives. Elected officials are encouraged to attend and support the development of a reentry strategic plan.
"We are beginning to better understand the difficulties faced by anyone released from a correctional facility. By responding effectively, we can create a reentry process that also provides a safer community for all citizens," concluded Figures.
Dismissal of Conspiracy Count to Commit Tax Evasion by Kimberly Hastie and John Hastie, Jr.Read the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that the United States has moved to dismiss Count 18 of the superseding indictment against Kimberly Hastie and John Hastie, Jr., in criminal case number 14-00291-KD-N relating to conspiracy to commit tax evasion.
United States Attorney Kenyen Brown said, "The great bulk of the charges against Ms. Hastie involved allegations of public corruption. With the exception of one public corruption charge, a jury consisting of Ms. Hastie’s peers returned a not guilty verdict in her favor. Given this result, a further pursuit of the ancillary charge of conspiracy to commit tax evasion against Kimberly Hastie and John Hastie, Jr., is not in the best interest of justice at this time."
Defendant Sentenced to 2 Years for ID TheftRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Rosendo Landeros-Galvan, 37, of Robertsdale, Alabama was sentenced on July 22 by Chief U.S. District Judge William H. Steele to 24 months imprisonment for aggravated identity theft. The judge ordered that Landeros-Galvan, an illegal alien from Mexico, undergo 1 year of supervised release upon completing his term of imprisonment, that he receive deportation consideration, drug abuse testing and substance abuse treatment, and that he pay a $100 mandatory special assessment. Landeros-Galvan was arrested in April 2014 by the Robertsdale Police Department for a narcotics violation. During his arrest, he purported himself to be another person. Landeros-Galvan was indicted by a federal grand jury in June 2014 for unlawful use of a Social Security number. Law enforcement officials arrested Landeros-Galvan, a federal fugitive, in South Carolina in January 2015, when he again concealed his true identity from arresting agents. Landeros-Galvan pled guilty to aggravated identity theft in April 2015.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Choctaw County Man Sentenced to 30 Months for Illegal Possession of FirearmRead the Press Release
The United States Attorney Kenyen Brown announces that Jeremy Whitted Mosley, a 33 year old, resident of Butler, Alabama was sentenced today to 30 months incarceration followed by three years of supervised release for possession of a North American Arms pistol and a Savage rifle after being convicted of a felony, namely, Conspiracy to Possess With Intent to Distribute Methamphetamine.
On April 16, 2015, Mr. Mosley pled guilty to being a felon in possession of the firearms after he was discovered hunting over a baited field.
The Alabama Department of Conservation & Natural Resources Enforcement officers investigated the case and presented it to the U.S. Attorney's Office for prosecution. The prosecutor assigned to the case is Assistant United States Attorney, Gina S. Vann.
Defendant Sentenced to 30 Months on Gun ChargeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Derrick Dewayne Cooks, 31, of Mobile, Alabama was sentenced today by United States District Chief Judge William H. Steele to 30 months imprisonment for possession of a firearm by a felon. The judge ordered that Cooks undergo 3 years of supervised release upon completing his term of imprisonment, receive drug abuse testing and substance abuse treatment, and that he pay a $100 mandatory special assessment. Cooks was indicted by a federal grand jury in October 2014 for possessing a pistol as a convicted felon in January 2014. He pled guilty to the offense in April 2015.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Sinan Kalayoglu.
Wasi Syed and Shahab Mir Plead Guilty in Stolen Polysilicon CaseRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announces that Wasi Ismail Syed, age 38, of McKinney, Texas, and his brother-in-law Shahab Uddin Mir, age 35, of Frisco, Texas, have each pled guilty to two conspiracy charges related to a scheme to buy and sell stolen polysilicon and to launder the proceeds from these transactions. William Short of Loxley, Alabama, George Welford of Gautier, Mississippi, and Darlene Row of Dallas, Texas, have all previously pled guilty to their roles in these conspiracies.
William Short and George Welford are former employees of the Mitsubishi Polysilicon manufacturing plant located in Theodore, Alabama. The plant produces exceptionally high-grade polysilicon, which is a material used in the manufacturing of computer chips that control high-tech devices from super computers, to hospital equipment, avionics, and weapons systems. The polysilicon produced at the Theodore plant is ultra-pure. There are only four plants in the United States, and approximately a dozen worldwide, that produce this type of high-grade polysilicon.
In late 2008, Short and Welford began stealing polysilicon rods from the Mitsubishi plant. Using reinforced backpacks and lunch pails, Short and Welford walked several rods per day out of the plant and into their vehicles. Before long, Short and Welford had stolen so much polysilicon that they needed a storage unit, and ultimately a warehouse to house the stolen material. Since the rods were stolen very shortly after coming out of the reactors, they were not etched or vacuum-sealed in a clean room like the finished rods coming out of the plant. Consequently, the rods lacked the normal specification sheets that are attached to the packaging.
Soon after they started stealing the polysilicon rods, Short and Welford began looking for a purchaser. Using the aliases William Smith (Short) and Butch Cassidy (Welford), the pair found Horizon Silicon online. The Dallas, Texas-based company was owned and operated by brothers-in-law Wasi Syed and Shahab Mir, and Darlene Row worked as a secretary.
Short and Welford negotiated with Syed and Row for the price and amount of polysilicon to be sold. During the course of negotiations, Syed flew to Pensacola, Florida, to see the polysilicon for himself. This meeting, in which Syed tested the polysilicon with a resistivity meter to check its purity level, occurred at night in a Krystal’s parking lot.
After testing the buckets of polysilicon, Syed agreed to buy the polysilicon from Short and Welford for a price well below the market value. One condition of the deal was that payments were to be made in cash and in person.
Between February 2009 and Marcy 2014, Short and Welford stole, and then subsequently sold, approximately 50 metric tons of Mitsubishi polysilicon rods to Horizon Silicon. Typically, Syed would find a buyer for the polysilicon he was purchasing from Short and Welford. Then Row would arrange for the polysilicon to be picked up and delivered to a port city on the west coast. Finally, Mir would fly or drive to Mobile, Alabama, and other locations along the Gulf Coast, with either backpacks or suitcases full of cash to pay Short and Welford.
The stolen polysilicon, which was valued at over $2.5 million, was exported from the United States after being sold by Syed to other buyers. While the final destination for all of the stolen polysilicon rods is not clear, at least some of the material ended up in the People’s Republic of China.
In early 2014, Short and Welford were caught by Mitsubishi. Syed, Mir, and Row were subsequently arrested in Texas in May 2014. In February 2015, Short and Welford each pled guilty to one count of conspiracy to possess, transport, buy, and sell stolen material in interstate commerce and to one count of conspiracy to commit money laundering. Row pled guilty to the same charges in March 2015, as did Syed and Mir on June 29, 2015.
This matter was investigated by Homeland Security Investigations and IRS-Criminal Investigations in Mobile, Alabama, with assistance from the Dallas, Texas office of these agencies. The case was prosecuted by Donna B. Dobbins and Christopher J. Bodnar, Assistant United States Attorneys with the U.S. Attorney’s Office for the Southern District of Alabama.
Defendant Sentenced to 33 Months for Insurance Fraud SchemeRead the Press Release
United States Attorney Kenyen R. Brown of the Southern District of Alabama announced that Mark Edward Rowley, 62, of Dauphin Island, Alabama was sentenced today by Chief United States District Judge William H. Steele to 33 months imprisonment for wire fraud. The judge ordered that Rowley make restitution in the amount of $252,148.74 to victims of his crime and that he pay a $100 mandatory special assessment.
In March 2015, Rowley pled guilty to operating an insurance fraud scheme from June 2010 to December 2013. Despite having surrendered his Alabama insurance license in April 2010, Rowley falsely held himself out as a licensed insurance agent. He did business with individuals and entities in Alabama and the Florida panhandle, falsely claiming that he was buying his customers insurance through national insurance companies. Based upon Rowley’s false representations to his victims, they were misled into believing they had insurance coverage. Victims paid Rowley what they believed were insurance premiums, and he in turn frequently spent their money for his own benefit and gain. Rowley attempted to hide his fraudulent activity by issuing fraudulent insurance documents to his victims.
The case was investigated by the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorneys Gregory Bordenkircher and Sinan Kalayoglu.
Child Pornography SentenceRead the Press Release
The United States Attorney for the Southern District of Alabama, Kenyen R. Brown, announces that Joshua Hamilton Purvis was sentenced for possession of child pornography in violation of 18 U.S.C. Section 2252A(a)(5)(B). Purvis was sentenced to serve 120 months imprisonment and a life time term of supervised release by Judge Kristi Dubose. A minimum mandatory sentence of 120 months imprisonment is required when the defendant has prior qualifying convictions. He was also required to obtain mental health treatment, forfeit his telephone and pay a $100 Special Assessment.
This case was investigated by the Federal Bureau of Investigation. The case was prosecuted by the United States Attorney's Office for the Southern District of Alabama, AUSA Sean P. Costello.