Eastern District of California
Press releases recorded for this federal judicial district.
West Sacramento Resident and Former Postal Service Employee Sentenced for Theft of Mail and Possession with Intent to Distribute MarijuanaRead the Press Release
SACRAMENTO, Calif. — Shabina Debbie, 54, of West Sacramento, was sentenced today to five months in prison for theft of mail by a Postal Service employee and possession with intent to distribute marijuana, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between October 2018 and February 2019, Debbie stole 18 mail parcels that had been entrusted to her in the course of her duties as a postal employee at the Sacramento Main Post Office. Law enforcement executed a federal search warrant at Debbie’s residence, where they found several parcels, one of which contained over 3 pounds of marijuana. At the time of the search, Debbie confessed to stealing parcels containing marijuana from the post office and selling the contents. Per a plea agreement, Debbie agreed to forfeit over $125,000 in cash found in her home.
U.S. Postal Service Office of Inspector General (USPS OIG), Western Pacific Area Field Office, Executive Special Agent-in-Charge Kenneth Bulle said, “Today’s sentencing underscores the value of the public’s trust in the USPS and the consequences that result when a USPS employee breaches that trust through theft. USPS OIG special agents remain resolute in maintaining the integrity of the Postal Service. USPS OIG values our partnership with the U.S. Attorney’s Office and the U.S. Postal Inspection Service in holding USPS personnel accountable when they abuse their position of trust.”
This case was the product of an investigation by the U.S. Postal Service Office of Inspector General and the U.S. Postal Inspection Service. Assistant U.S. Attorney Denise N. Yasinow prosecuted the case.
California Truck Parts Manufacturer Sinister Diesel Agrees to Pay $1 Million After Pleading Guilty to Conspiracy and for Manufacturing and Selling Illegal Defeat DevicesRead the Press Release
SACRAMENTO, Calif. — Diesel performance parts manufacturer Sinister Mfg. Company Inc. – doing business as “Sinister Diesel” – pleaded guilty to criminal charges today in federal court and agreed to pay a total of $1 million in criminal fines and civil penalties. The company also agreed to implement a compliance program and to not manufacture, sell or install any device that defeats a vehicle’s emissions controls.
Sinister Diesel pleaded guilty to a two-count Information, charging it with conspiracy to violate the Clean Air Act (CAA) and defraud the United States, and with violating the CAA by tampering with the monitoring device of an emissions control system of a diesel truck. Under the plea agreement, the defendant agrees to pay a $500,000 criminal fine.
Sinister must pay an additional $500,000 under the civil consent decree, which the United States filed simultaneously with its civil complaint against Sinister, alleging violations of the CAA’s prohibition against the sale or manufacture of devices that bypass, defeat or render inoperative emissions controls. The civil consent decree prohibits the company from making, selling, or offering to sell defeat products, including delete tuners, and prevents Sinister Diesel from transferring intellectual property that would allow others to make such products. To ensure compliance with these requirements, Sinister Diesel will implement a robust internal training program and notify its distributors and former customers about the settlement.
“Sinister Diesel sold products that allowed drivers to strip the emissions controls from their trucks, causing a dramatic increase in the release of pollutants that worsen air quality and harm the quality of life,” said U.S. Attorney Phillip A. Talbert for the Eastern District of California. “Environmental laws that control diesel pollution are especially important to protect sensitive populations such as the young, the elderly, and people who suffer from respiratory conditions. My Office will continue to vigorously prosecute those who place profit above the public’s health and the environment.”
“Businesses that manufacture and sell illegal devices to defeat a vehicle’s emissions controls foster pollution and risk decades of progress in curtailing harmful emissions from motor vehicles in this country,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The plea agreement and civil settlement show that we will take strong action to enforce the Clean Air Act and ensure that emissions control requirements for cars and trucks are being followed.”
“For close to ten years, Sinister Diesel sold parts designed to override or disable the emissions control systems on trucks,” said Principal Deputy Assistant Administrator Larry Starfield for the Environmental Protection Agency’s (EPA) Office of Enforcement and Compliance Assurance. “EPA testing has shown that a vehicle altered with these parts can emit more than 100 times the amount of certain harmful air pollutants, compared to a vehicle with an intact emissions control system. This case shows that we will aggressively prosecute those who manufacture and sell devices designed to defeat vehicle emissions controls.”
According to court documents, Sinister Diesel – from its 2010 incorporation to April 2020 – manufactured and sold parts intended to be installed on motor vehicles, particularly diesel trucks, to enable “deleting” the trucks by removing or disabling the trucks’ emissions control systems. Various products, referred to as “delete devices” or “defeat devices,” are used in the process of “deleting” a vehicle. Sinister often sold its products as part of “delete kits,” sometimes bundled with “delete tunes.” The delete tunes were software produced by another company which could alter a diesel truck’s onboard computer to allow a truck with its emissions controls “deleted” to appear to run normally.
Through its employees, Sinister Diesel reached agreements with other companies that manufactured tuners or tuning platforms to sell their products bundled together. Sinister would often advise customers on other needed parts for their deleted vehicles to run properly with Sinister’s delete kits — such as a tuner or tuning platform and delete tunes — and sell them those products, too. Sinister also counseled customers on how to evade state emissions tests.
Though Sinister sometimes labeled its delete products for “racing” and included disclaimers in marketing materials indicating that its products should be used only in off-road settings, the company knew most of its delete products were purchased by diesel truck drivers who used those products on public roads, not racetracks. At times, approximately 25% of Sinister’s gross revenue stemmed from its delete products. According to Sinister’s sales statistics, between October 30, 2015, and July 17, 2017, it sold 39,792 defeat devices, including at least 35,960 kits that disable vehicles’ exhaust gas recirculation systems.
Deleting a diesel truck causes its emissions to increase dramatically. For example, for a fully deleted truck with all emissions equipment removed, EPA testing has quantified the increased emissions as follows: Nitrogen oxides increased 310 times, non-methane hydrocarbons increased 1,400 times, carbon monoxide increased 120 times and particulate matter increased 40 times. EPA’s Air Enforcement Division released a report in November 2020 finding that more than 500,000 diesel pickup trucks in the United States – approximately 15% of U.S. diesel trucks that were originally certified with emissions controls – have been illegally deleted.
Diesel emissions contain multiple hazardous compounds and harm human health and the environment. Diesel emissions have been found to cause and worsen respiratory ailments such as asthma and lung cancer. One study found that 21,000 American deaths annually are attributable to diesel particulate matter. Additionally, exposure to polluted air in utero has been associated with a host of problems with lifelong ramifications including low birth weight, preterm birth, autism, asthma and brain and memory disorders.
The defendant is scheduled to be sentenced in the criminal case by U.S. District Court Judge John A. Mendez for the Eastern District of California on November 14, 2023. Though Sinister Diesel agreed to pay a $500,000 criminal fine under its plea agreement, the company faces – for each count – a maximum fine of $500,000 or twice the gross pecuniary gain derived from the offense. Its sentence will be determined at the discretion of the court after consideration of all applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
The criminal case was the product of an investigation by the EPA’s Criminal Investigation Division, with assistance from the Federal Bureau of Investigation’s Sacramento Field Office. Assistant United States Attorney Katherine T. Lydon of the Eastern District of California and Senior Counsel Krishna S. Dighe and Trial Attorney Stephen J. Foster of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division (ENRD) are prosecuting the criminal case. The federal civil case is being handled by Senior Attorney Eric Albert and Senior Counsel Joanna Day of the Environmental Enforcement Section of ENRD, Attorney Advisor David H. Kim of EPA’s Region 9 office, and Janice Chan of the EPA’s Region 9 office.
Stopping the manufacture, sale, and installation of illegal delete devices is a priority for EPA. To learn more, visit: www.epa.gov/enforcement/national-compliance-initiative-stopping-aftermarket-defeat-devices-vehicles-and-engines. To learn more about EPA’s criminal enforcement actions on defeat devices, visit www.epa.gov/enforcement/criminal-press-releases-2023 and https://www.epa.gov/enforcement/criminal-press-releases-2022.
The consent decree for this settlement, lodged today in the U.S. District Court for the Eastern District of California, is subject to a 30-day public comment period and approval by the court. A copy of the consent decree and information on submitting comments will be available on the Department of Justice website at: www.justice.gov/enrd/consent-decrees.
sinister_-_doc_10_-_plea_agreement.pdfThree Fresno County Residents Indicted for Conspiracy to Sell 6.5 Pounds of Fentanyl Pills and 30 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Gilberto Arteaga, 41, of Fresno; Juan Castro, 48, of Sanger; and Shannon Calhoun, 53, of Sanger, charging them with conspiring to possess with intent to distribute fentanyl and methamphetamine and possessing with intent to distribute fentanyl and methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in the spring of 2023, law enforcement began investigating Arteaga for suspicion of trafficking fentanyl. The investigation revealed a connection between Arteaga and a car owned by Calhoun that had made several, same day, quick trips into Mexico and back to California. On July 15, 2023, Calhoun’s car crossed into Mexico and then hours later back into California. The next day, agents observed Calhoun’s car next to Arteaga’s car in Fresno. Both cars were stopped and searched. Inside Calhoun’s car, officers found a bag with about 30,000 fentanyl pills and 30 pounds of methamphetamine. Arteaga, Castro, and Calhoun were all arrested.
This case is the product of an investigation by FORT (a multi-agency team composed of Homeland Security Investigations, the Drug Enforcement Administration, the Fresno Police Department, and the Clovis Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, the defendants face a mandatory minimum sentence of 10 years up to a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Ten MS-13 Members and Associates Indicted for Gang-Related Murders and RacketeeringRead the Press Release
FRESNO, Calif. — A seven-count superseding indictment was unsealed today, charging 10 MS‑13 members and associates with a RICO conspiracy and murder in aid of racketeering, U.S. Attorney Phillip A. Talbert announced.
“When reports surfaced that MS-13 had established a presence in the City of Mendota in the Central Valley, a multi-agency investigation was launched,” U.S. Attorney Talbert said. “Today’s announcement is a direct result of the arrests in 2018 of 25 individuals on federal and state charges in connection with their Mara Salvatrucha (MS‑13) gang activities. One of the highest priorities of my office and of the federal law enforcement agencies we work with is to partner with the police departments, sheriffs’ offices, and district attorneys in our district to reduce violent crime.”
According to court documents, the following defendants named in the indictment are alleged members and associates of Mara Salvatrucha (MS-13), a violent criminal street gang: Martin Alfredo Leiva-Leiva, 43, of Richmond; Juan Carlos Urias-Torres, 34, of Stockton; Angel Antonio Diaz-Morales, 32, of Salinas; Jose Rene Barrera-Martinez, 34, of Mendota; Luis Fausino Diaz-Pineda, 28, of Mendota; Angel Antonio Castro-Alfaro, 29, of Mendota; Jose Joaquin Amaya-Orellana, 31, of Mendota; Julio Cesar Recinos-Sorto, 28, of Leesburg, Virginia; Jose Armando Torres-Garcia, 27, of El Salvador; and Jose Santos Hernandez-Otero, 29, of El Salvador. The criminal organization’s members and associates engage in acts of violence, including acts involving murder, extortion, kidnapping, assault, and other crimes often with the purpose of intimidating rival gang members, victims of extortion, and members of the community, and to protect their “turf” and fellow gang members.
MS-13
According to court documents, MS-13 (Mara Salvatrucha) was formed in Los Angeles in the mid 1980s by Salvadoran immigrants and is known for committing brutal acts of violence against rival gang members and nongang members. MS-13 in Los Angeles is beholden to the Mexican Mafia, which is a criminal organization that united Hispanic gang members under a single alliance operating within the California state prison system, the streets and suburbs of large cities throughout Southern California, and elsewhere.
MS-13 has a self-imposed code of conduct to enforce and maintain compliance among its members. MS-13 also adopts and enforces the Mexican Mafia’s rules. MS-13 has zero tolerance for members and associates who cooperate with law enforcement. Once MS-13 has evidence that someone has cooperated with law enforcement, MS-13 issues a “green light” as to that person, which is an order that if any MS-13 member sees the person who is allegedly or actually cooperating with law enforcement, that person is to be killed on sight. MS-13 members also engage in acts of violence against innocent citizens and rival gang members in their territory.
Participation in violent acts increases the respect accorded to members who commit violent acts. Additionally, commission of violent acts by MS-13 members enhances the gang’s overall reputation for violence in the community, resulting in the intimidation of citizens in MS-13’s territory.
MS-13 in Fresno County
Since 2015, there are more than 14 homicides alleged to be related to MS-13 in Mendota. These homicides are alleged to be related to MS-13 for a variety of reasons that include: the locations where the homicide victims were recovered (in and around Mendota), the association between the homicide victims and known MS-13 gang members, and the cause of death or condition the homicide victims have been found, including gruesome attacks caused by machetes, a weapon commonly used by MS‑13 gang members.
The MS-13 subsets operating in Mendota have a direct connection to, and originate from, MS‑13 from Los Angeles. Investigators allege that the individuals charged in the indictment were associated with a Mara Salvatrucha subset in Mendota known as Vatos Locos Salvatruchos (VLS).
Murder of an adult male on Jan. 26, 2016
Leiva-Leiva and Diaz-Morales are charged with the murder of an adult male on Jan. 26, 2016, in San Benito County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female on July 13, 2016
Leiva-Leiva and Urias-Torres are charged with the murder in Fresno County of an adult female that occurred on July 13, 2016, for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female and an adult male on Oct. 30, 2016
Leiva-Leiva, Hernandez-Otero, Torres-Garcia, Amaya-Orellana, and Recinos-Sorto are charged with murdering an adult female and an adult male on Oct. 30, 2016, in Fresno County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult male in January 2017
Leiva-Leiva, Barrera-Martinez, Diaz-Pineda, and Angel Antonio Castro-Alfaro are charged with the January 2017 murder of an adult male in Fresno County for the purpose of gaining entrance and maintaining and increasing position in MS-13.Murder of an adult female on Dec. 13, 2017
Leiva-Leiva and Urias-Torres are charged with the murder of an adult female on Dec. 13, 2017, for the purpose of gaining entrance and maintaining and increasing position in MS-13.“MS-13 gang members prey upon the communities they live in, committing the most heinous, violent acts against their victims. The streets of the Central Valley and surrounding communities are safer when criminal gang members are arrested and held to account for their crimes,” said HSI San Francisco Special Agent in Charge Tatum King. “I’m proud of HSI’s exhaustive investigative work, together with the Federal Bureau of Investigation, the Fresno County Sheriff’s Office, the California Highway Patrol, the California Department of Justice, and the US Attorney’s Office in the Eastern District of California, in bringing these subjects to justice.”
“The FBI is deeply committed to leveraging all of its assets, both foreign and domestic, in collaboration with our local, state, and federal partners to disrupt and dismantle criminal organizations that threaten the communities we serve. Every family deserves to live in a community free of fear and gang violence,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We also need the public to come forward with information to help us all in that mission. Never suffer in silence; law enforcement can and will help ensure justice for victims and safer communities for all.”
This case is the product of an investigation by the Federal Bureau of Investigation and Homeland Security Investigations, in partnership with the Fresno County Sheriff’s Office, the Multi-Agency Gang Enforcement Consortium (MAGEC), and the Fresno County District Attorney’s Office with assistance from the Mendota Police Department, the San Benito County Sheriff’s Office, the Los Angeles Police Department Robbery, Homicide Division and the Los Angeles County Sheriff’s Office. The U.S. Department of Justice’s Organized Crime and Gang Section (OCGS), the Office of Enforcement Operations (OEO), and the Office of International Affairs (OIA) also assisted. Assistant U.S. Attorneys Kimberly A. Sanchez and Justin J. Gilio and Special Assistant U.S. Attorney Robert Veneman-Hughes are prosecuting the case.
If convicted, the defendants face a mandatory minimum sentence of life in prison and a maximum statutory penalty of death. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Anyone with information on murders committed in the Mendota area 2014-2018, please call the Fresno County Sheriff’s Office Homicide Unit at 559-600-3111.
leiva-leiva_superseding_indictment.pdfNigerian National Based in Maryland Sentenced to 4 Years and 9 Months in Prison and Nigerian House Ordered Forfeited for Schemes to Steal Unemployment Insurance BenefitsRead the Press Release
SACRAMENTO, Calif. — Nigerian national Olamide Yusuf Bakare, 26, currently residing in Laurel, Maryland, was sentenced today to four years and nine months in prison for conspiracy to commit wire fraud during the COVID-19 pandemic, U.S. Attorney Phillip A. Talbert announced.
Bakare pleaded guilty in January 2023. According to court documents, between June 2020 and July 2021, Bakare, along with co-defendants Quazeem Owolabi Adeyinka and Ayodeji Jonathan Sangode, and others, participated in a conspiracy to submit fraudulent unemployment insurance (UI) and Pandemic Unemployment Assistance (PUA) claims to the States of Maryland and California. More than 200 individual applications were filed with the California Employment Development Department (EDD) and the Maryland Department of Labor (MDOL) indicating that the claimants’ address was the Hyattsville, Maryland, apartment that the defendants shared.
During the conspiracy, the conspirators obtained the personally identifiable information (PII) of persons who were not eligible for UI or PUA benefits or who did not authorize the conspirators to act on their behalf with respect to seeking such benefits. Such PII included names, dates of birth, and Social Security numbers. The conspirators then used the PII to submit dozens of fraudulent UI and PUA claims to EDD and MDOL under the putative claimants’ identities and without their authorization.
The underlying benefit applications contained fraudulent representations, including, for example, that the claimants had worked for certain employers and supervisors; had specific annual incomes; worked during certain time periods; were self-employed in various occupations; were laid off and had no work; were newly unemployed due to a disaster including the COVID-19 pandemic; and were currently available to work. Most, if not all, of these claims were false because the claimants were not so previously working, employed, newly unemployed, or seeking new employment.
The conspirators knew that these representations were false or lacked the knowledge and authority to make such representations. These actions caused EDD and MDOL to approve at least 142 fraudulent UI and PUA claims.
For each approved claim, EDD and MDOL deposited benefit funds into a debit card account administered by Bank of America and under the identity of the putative claimant. Bank of America then mailed at least 142 unauthorized debit cards to addresses under the control of the defendants. Bakare then obtained these debit cards to withdraw cash at ATMs for the benefit of himself and his coconspirators.
During this conspiracy, Bakare also possessed three additional UI debit cards which had been issued by Maine’s Bureau of Unemployment Compensation, North Carolina’s Division of Employment Security, and Nevada’s Department of Employment Training and Rehabilitation. Each debit card was linked to an account that contained UI benefits. Bakare was not the named beneficiary on the cards or for the associated benefits, and he possessed them with intent to defraud the state agencies.
The debit cards that Bakare possessed and used during the conspiracy were linked to bank accounts that received a total of at least $2,265,844 in fraudulent UI and PUA benefits. He used this money, in part, to purchase a condominium in Lekki, Lagos State, Nigeria for $70 million Naira. As part of the sentence, this asset was ordered forfeited.
This case is the product of an investigation by the Department of Labor – Office of the Inspector General, the Federal Bureau of Investigation, the Department of Homeland Security – Office of the Inspector General – Covid Fraud Unit, and the California EDD – Investigation Division. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
Adeyinka pleaded guilty to conspiracy to commit wire fraud, and Sangode pleaded guilty to access device fraud. Both are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Aug. 22, 2023. Adeyinka faces a maximum statutory penalty of 20 years in prison, and Sangode faces a maximum statutory penalty of 15 years in prison. Their actual sentences, however, will be determined at the discretion of the Court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This effort is part of a California COVID-19 Fraud Enforcement Strike Force operation, one of three interagency COVID-19 fraud strike force teams established by the U.S. Department of Justice. The California Strike Force combines law enforcement and prosecutorial resources in the Eastern and Central Districts of California and focuses on large-scale, multistate pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces use prosecutor-led and data analyst-driven teams to identify and bring to justice those who stole pandemic relief funds.
Two Galt Men Indicted for Being Felons in Possession of FirearmsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment Thursday, July 20, 2023, against Galt residents Dexter Weeks, 32, and William Lesley, 33, charging both with being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on May 25, 2023, law enforcement officers conducted a parole search of Weeks’ residence, where Lesley also was staying. Over the course of the search, law enforcement found multiple firearms of different calibers from in Week’s bedroom and Lesley’s bedroom and other areas of the residence. The firearms included a Saiga AK-47 semi-automatic rifle. Weeks and Lesley are prohibited from possessing firearms or ammunition because they each have multiple state felony convictions, including convictions for felon in possession of a firearm in Cook County, Illinois.
This case is the product of an investigation by the Sacramento Sheriff’s Office, the Parole Division of the California Department of Corrections and Rehabilitation, the Federal Bureau of Investigation, and the FBI’s Safe Streets Task Force. Assistant U.S. Attorney Haddy Abouzeid is prosecuting the case.
If convicted, each defendant faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fresno Man with Four Prior Convictions for Unlawfully Possessing Firearms and Ammunition Sentenced to 4 Years in Prison for Illegal Possession of AmmunitionRead the Press Release
FRESNO, Calif. — Earnest Donte Ruff, 25, of Fresno, was sentenced to four years and three months in prison for being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 21, 2021, Ruff was arrested and found to be in possession of a loaded .40‑caliber gun with no serial number. At the time, Ruff was out on bond pending sentencing in a case in which he had pleaded guilty to participating in a shooting on “the Strip” in Las Vegas. When Ruff possessed the firearm in this case, he was also on community supervision for illegally possessing another firearm in Fresno in 2019. This conviction is Ruff’s fifth conviction for illegally possessing firearms or ammunition.
This case was the product of an investigation by the Federal Bureau of Investigation and the Multi-Agency Gang Enforcement Consortium. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
San Francisco Felon Pleads Guilty to Trafficking FirearmsRead the Press Release
Rondell Cramer, 45, of San Francisco, pleaded guilty Thursday to unlawful dealing in firearms, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on June 1, 2022, while driving in Fairfield, Cramer was pulled over for driving a vehicle without a license plate. The officer arrested Cramer for two outstanding felony warrants. A search of his vehicle resulted in the discovery of a Glock 9 mm caliber firearm, as well as a bill of sale for another firearm and stolen merchandise, much of which still had antitheft tags on them. Cramer is not allowed to possess firearms or ammunition because he has previously been convicted of six felony offenses, including a prior conviction for being a felon in possession of a firearm. A search of Cramer’s phones revealed multiple conversations showing that Cramer was buying firearms in Arizona under an alias, and then selling them in California. Follow-on investigation by the ATF confirmed that Cramer had been trafficking firearms since at least August 2020.
This case is the product of an investigation by the California Highway Patrol and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
Cramer is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Oct. 12, 2023. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Nevada Woman Sentenced to 5 Years Prison for Hiring Hitman on Dark Web to Kill Her Ex-HusbandRead the Press Release
SACRAMENTO, Calif. — Kristy Lynn Felkins, 38, of Fallon, Nevada, was sentenced Thursday to five years in prison for a murder for hire plot, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Felkins sent 12 bitcoin (valued at approximately $5,000 at the time) to a dark web hitman website, known as Besa Mafia, to have her ex-husband murdered. From February to May 2016, Felkins regularly communicated with the administrator of the site to pay and arrange for the murder of her ex-husband. Felkins gave the administrator the specific location of her husband in an attempt to have him murdered.
Besa Mafia operated as a “hidden service” on the Tor network, which is an anonymizing internet service that is known informally as the “dark web.” The Besa Mafia website, however, was actually a scam, and Felkins was not refunded the bitcoin she sent to the site, which is no longer in operation.
This case was the product of an investigation by Homeland Security Investigations (HSI), as part of the Northern California Illicit Digital Economy (NCIDE) Task Force, consisting of agents from HSI, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the Drug Enforcement Administration. The NCIDE Task Force is a federal task force targeting all forms of dark web and cryptocurrency criminal activity in the Eastern District of California. Assistant U.S. Attorney Justin Lee prosecuted the case.
Fairfield Man Sentenced to 10 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — William Josiah Scrivner, 37, of Fairfield, was sentenced Thursday to 10 years in prison for being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on March 23, 2022, law enforcement officers observed Scrivner as the driver and sole occupant of a vehicle in the parking lot of the NorthBay Medical Center in Fairfield. The officers arrested Scrivner on an outstanding Solano County arrest warrant. A post-arrest search of his person and vehicle resulted in approximately 40 grams of methamphetamine, $551 on his person, and a digital scale found in his car. A probation search of Scrivner’s residence resulted in the discovery of two firearms, one of which was stolen, firearm parts and ammunition, additional methamphetamine, and two more scales. Scrivner is prohibited from possessing firearms or ammunition because he has been convicted of several felonies, including two prior convictions for possession of methamphetamine for sale and a prior conviction for being a felon in possession of ammunition.
This case was the product of an investigation by the Fairfield Police Department, the Solano County District Attorney’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the FBI’s Solano County Violent Crimes Task Force. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Two Indictments Charge International Travel to Engage in Illicit Sexual Activity with MinorsRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney Phillip A. Talbert joins with Homeland Security Investigations Special Agent in Charge Tatum King, FBI Special Agent in Charge Sean Ragan, and Kathleen Nicholls, Chief of the Department of Consumer Affairs Division of Investigation to announce indictments charging sexual exploitation of children, a global problem demanding a global response.
The indictments are part of an initiative known as Project Safe Childhood that seeks to prevent the sexual exploitation of children and achieve justice for the victims of such crimes.
“To vindicate victims of child exploitation and bring criminals to justice, our law enforcement and our communities must work together in partnership across county, state, and national borders,” U.S. Attorney Talbert said. “Our office is committed to protect our children and hold offenders accountable.”
“Homeland Security Investigations San Francisco/NorCal and FBI, in partnership with the California Dept of Consumer Affairs and the U.S. Attorney’s Office are seeking information on any individuals that may have been victimized by Mr. Reger,” said HSI Special Agent in Charge Tatum King. “Of importance, HSI and Law Enforcement partners are focused on providing victim support and holding the alleged violator accountable for his actions in a court of law. We ask the community and media to help magnify this request so that victims, regardless of their current location around the world can be aware of the latest developments in this case.”
“Child predators prey upon the innocence and naivete of their victims, damaging trust and forever changing the course of their lives. The FBI Sacramento Field Office is determined to thoroughly investigate allegations like these to seek justice and connect identified victims with vital services that can help heal the trauma they have experienced,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “We are grateful for our continued partnership with the Lassen County Sheriff’s Office, Lassen County District Attorney’s Office, and Homeland Security Investigations. Trust and collaboration are essential to ensuring the safety and security of the communities we serve. We also thank the Church of the Nazarene and California Department of Consumer Affairs for their efforts to aid this investigation.”
“The California Department of Consumer Affairs is committed to protecting California consumers,” said Kathleen Nicholls, Chief of the Department of Consumer Affairs Division of Investigation. “We are grateful for our law enforcement partners who share the common goal of taking action against those who violate the law.”
Danish Man Alleged to Have Traveled from Denmark to Fresno to Exploit a Minor
A federal grand jury returned a two-count indictment today against Claus Svelmo Marcuslund, 58, of Denmark, charging him with distribution of child pornography and attempted coercion or enticement of a minor to engage in illicit sexual activity.
According to court documents, in January 2023, Marcuslund contacted an undercover agent who had created the profile of a mother with a seven-year-old daughter, on a dark web website dedicated to persons interested in pedophilia. Marcuslund told the agent that “I’m Scandinavian, professional music producer/songwriter and lyricist and yeah, I’m also a pedophile.” He also stated that “I’m divorced and now searching [for] a nice woman/mom to get to know better, hopefully with the potential of getting together in real life one day. Obviously, she must be 100% supportive of pedophilia and incest.” During the next several months Marcuslund sent messages to the agent through the website’s messaging feature, as well as the fully encrypted Telegram application, that explained in graphic detail the sexual acts in which he hoped to engage with the mother and child. As part of those communications, he sent images of adults sexually abusing young children. He also discussed having another child with the mother and molesting the newborn.
Marcuslund boarded a flight from Copenhagen to the Los Angeles International Airport and then boarded a flight to Fresno. On July 11, 2023, Marcuslund was arrested upon arrival at the Fresno International Airport and has been ordered detained as a risk of flight and danger to the community.
This case is the product of an investigation by Homeland Security Investigations with assistance from the Central Valley Internet Crimes Against Children Task Force. Assistant U.S. Attorney David Gappa is prosecuting the case.
Susanville Man Charged with Multiple Crimes Involving Sexual Abuse of Minors
A federal grand jury returned a five-count indictment today against Bradley Earl Reger, 67, of Susanville, charging him with: engaging in illicit sexual activity abroad, transportation of a minor with intent to engage in criminal sexual activity, and coercion and enticement.
According to court documents, Reger sexually abused more than a dozen patients between the ages of 12 and 22 under the guise of conducting purported medical examinations at his medical clinic in Susanville, and in hotel rooms and camp sites all over the world. Reger is a licensed Nurse Practitioner with the California Board of Registered Nursing and has been since at least 2003. Since at least 1986, Reger has been heavily involved in various Christian schools, summer camps, youth groups, and church missions. He has held positions as a teacher, camp counselor, church deacon, youth group leader, and owner of affiliated nonprofit organizations.
The indictment alleges that Reger sexually abused three different minor victims, in locations such as: Susanville, Nevada, Virginia, and Poland. These offenses allegedly took place between 2006 and 2014.
This case is the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, and the California Department of Consumer Affairs with assistance from the Lassen County Sheriff’s Office and the Lassen County District Attorney’s Office. Assistant U.S. Attorneys Christina McCall and Roger Yang are prosecuting the case.
The FBI and HSI are seeking to identify potential victims of Bradley Reger. If you believe that you and/or your minor dependent(s) were victimized by Reger at any time, in the United States or abroad, or have information relevant to this investigation, please complete the online form available at: www.fbi.gov/RegerVictims. Additionally, if you know of someone else who may have been victimized by Bradley Reger, please encourage them to complete the form.
If convicted, Reger faces a maximum statutory penalty of 30 years in prison and a $250,000 fine for the counts of engaging in illicit sexual conduct abroad, up to life in prison and a fine of $250,000 for transportation with intent to engage in criminal sexual activity, and up to 20 years in prison and a fine of up to $250,000 for coercion and enticement. If convicted, Marcuslund faces a maximum statutory penalty of life in prison and a $250,000 fine.
Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
These cases are brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
reger_indictment.pdf
marcuslund_filed_copy.pdfJury Finds Former Correctional Sergeant Guilty of Perjury During Investigation into Cover-Up of Assault of a CSP Sacramento InmateRead the Press Release
SACRAMENTO, Calif. — A jury found a former California state correctional officer guilty yesterday afternoon of perjury in connection with a federal grand jury investigation into a conspiracy to cover up an assault of an inmate, U.S. Attorney Phillip A. Talbert announced. Following a three-day trial, Brenda Villa, 32, of North Highlands, was found guilty of one count of perjury.
According to the court records and evidence presented at trial, Villa was a correctional sergeant supervising other officers at California State Prison – Sacramento (also known as New Folsom State Prison or CSP-Sacramento) when correctional officer Arturo Pacheco unlawfully assaulted an inmate under color of law. Following the assault and the inmate’s death, the California Department of Corrections and Rehabilitation (CDCR) initiated an internal investigation. As the CDCR internal investigation proceeded, a federal grand jury began investigating federal criminal charges in conjunction with the Federal Bureau of Investigation and the U.S. Attorney’s Office.
Villa was called to testify in front of the grand jury about her role and the actions of her fellow officers in covering up the unlawful assault. Villa lied under oath to the federal grand jury investigating the incident.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Michael D. Anderson and Rosanne L. Rust are prosecuting the case.
Former correctional officers Arturo Pacheco and Ashley Aurich pleaded guilty and were sentenced to 12½ years and 21 months in prison, respectively.
Villa’s sentencing will be scheduled in front of U.S. District Judge William B. Shubb at a future court hearing. The next hearing in the case is on Monday, July 24, 2023. Villa faces a maximum statutory penalty of five years in prison for perjury and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former Bay Area Resident Pleads Guilty to Arson in the Lake Tahoe AreaRead the Press Release
SACRAMENTO, Calif. — Douglas Gregory Edwards, 37, formerly of Berkeley, pleaded guilty today to setting fire to federal land in the Lake Tahoe area, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on July 5, 2020, Edwards set three separate fires in the forest and near hiking trails in a protected area of federal land known as the Lake Tahoe Basin Management Unit. At the time of the fires, campfires were restricted, and smoking was prohibited except inside of a vehicle or other designated areas.
The Echo Fire
Edwards set the first fire at approximately 3:00 a.m. on a slope near Echo Lake, which became known as the Echo Fire. Civilian witnesses at the Echo Lake Chalet witnessed this fire as it began to emit smoke and notified first responders, who extinguished it with the help of a firefighting helicopter. A witness saw Edwards at the site of the Echo Fire watching an eight-foot dead tree burning but taking no steps to extinguish the fire. After firefighters extinguished the fire, investigators found a cigarette butt directly above the ignition site.
The Upper Fire
The second fire ignited shortly after 9:00 a.m. less than a mile downhill from the site of Edwards’s first fire. Again, firefighters contained this second fire using water drops from aircraft, and it was contained at approximately 4:30 p.m. Investigators found two cigarette butts near the ignition site of this second fire, and DNA analysis of those cigarette butts connected them to Edwards. In addition, a single set of shoe impressions from the Upper Fire’s origin area led back to a hiking trail that connects to Echo Peak. The tread and size of the shoe prints matched the shoes that Edward was wearing when he was arrested on July 5, 2020.
The Lake Fire
The third fire ignited around noon in the same general vicinity, near a hiking path that provides access to the Pacific Crest Trail. It was in a remote location with thick brush and trees that limited access for fire response resources. Multiple witnesses hiking in the area observed Edwards running and hiking near where this third fire began. The witnesses observed Edwards smoking a cigarette and holding a cigarette lighter. Law enforcement agents subsequently arrested Edwards in the afternoon as he was hiking approximately a quarter of a mile away from the ignition sites of each of the three fires.
This case is the product of an investigation by the U.S. Forest Service. The California Highway Patrol, the El Dorado County Sheriff’s Office, and the California Department of Justice’s Bureau of Forensic Science provided assistance. Assistant U.S. Attorney Sam Stefanki is prosecuting the case.
Edwards is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 24, 2023. Edwards faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Orange County Man Sentenced to 4.25 Years in Prison for Trafficking Fentanyl and Heroin in Bakersfield and FresnoRead the Press Release
FRESNO, Calif. — Luis Noe Hernandez Rojo, 34, of Orange, was sentenced today to four years and three months in prison for conspiring to distribute and possess with intent to distribute fentanyl and heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Hernandez participated in a well-established heroin and methamphetamine drug trafficking organization based in Mexico by agreeing to deliver fentanyl and heroin on two occasions in Bakersfield on behalf of the organization. On Aug. 7, 2019, Hernandez delivered approximately 2,000 counterfeit oxycodone pills laced with fentanyl to an undercover agent. On Dec. 13, 2019, Hernandez was arrested while transporting to the same undercover agent in Fresno approximately 60,000 counterfeit oxycodone pills laced with fentanyl, 4.2 pounds of fentanyl powder, and 17.6 pounds of black tar heroin.
Co-defendant Donis Ariel Maldonado, 31, a citizen of Guatemala, was arrested last year for his involvement in the drug conspiracy and is scheduled for a status conference in federal court in Fresno on Sept. 20, 2023.
This case is the product of an investigation by the Federal Bureau of Investigation and the High Impact Investigation Team (HITT) with assistance from the Drug Enforcement Administration. HIIT is a High Intensity Drug Trafficking Area (HIDTA) Initiative, which consists of personnel from the FBI, the California Department of Justice, the California Highway Patrol, the Tulare County Sheriff’s Office, the Kings County Sheriff’s Office, the Madera County Sheriff’s Office, the Fresno County Sheriff’s Office, the Fresno County District Attorney’s Office, and the Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Leader of Marijuana Grow in Shasta-Trinity National Forest Sentenced to over 11 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Fidel Sanchez-Cruz, 42, of Mexico, was sentenced today to 11 years and three months in prison and ordered to pay $19,354 in restitution to the United States, for conspiracy to grow marijuana in the National Forest and depredation of public lands and resources, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Sanchez-Cruz was the leader and organizer of a marijuana grow operation in the Shasta-Trinity National Forest near Highway 36 in Trinity County. In August 2018, law enforcement officers executed a search of the grow site and eradicated 6,575 marijuana plants, a marijuana processing area, and harvested marijuana. Sanchez-Cruz oversaw the operation from a distance, while co-defendants Abraham De Los Santos-Sanchez and Agustin Cruz-Sanchez lived at the grow site from April to August 2018. Sanchez-Cruz made brief visits to the grow site at strategic times, including during planting season and at harvest time to inspect the marijuana crop, drop off supplies, and provide instructions to the workers during the grow season.
A .40 caliber Smith & Wesson handgun with an obliterated serial number, pellet rifles, a loaded Smith & Wesson magazine, and a .40 caliber Smith & Wesson ammunition cartridge were found at the site.
The environmental damage to the forest was analyzed and documented by Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems that has examined over 100 public land marijuana grow sites. According to the environmental assessment report, environmental scientists found and documented extensive environmental damage, including the use and disposal of bottles of pesticides, fertilizers, and other chemicals. The hazardous wastes found at the grow site included carbofuran, a toxic pesticide that is banned in the United States. The environmental assessment concluded that the carbofuran and other pesticides and fertilizer at the grow site likely posed a significant direct risk to a number of endangered and threatened species, including the northern spotted owl, the foothill-yellow-legged frog, and coho salmon. Makeshift reservoirs and a large network of plastic irrigation lines were also found and eradicated. The environmental assessment concluded that more than 14.25 million gallons of water were illegally diverted at the grow site.
Law enforcement also searched Sanchez-Cruz’s residence in Corning, on Aug. 17, 2018, and found two baggies with about 24 grams of cocaine, five bags of processed marijuana weighing a total of about 3.96 pounds, a digital scale, packaging materials, three bags of marijuana seeds, cultivation tools, and a Winchester 20-gauge shotgun.
This case was the product of an investigation by the U.S. Forest Service with assistance from the U.S. Bureau of Land Management, the California Department of Fish and Wildlife, the California Highway Patrol, the California Department of Justice – North State Marijuana Investigation Team, the Trinity County Sheriff’s Office, the Tehama County Sheriff’s Office, the Corning Police Department, and the Red Bluff Police Department. Assistant U.S. Attorney David W. Spencer prosecuted the case.
Santos-Sanchez pleaded guilty to conspiracy to manufacture marijuana and on June 18, 2020, was sentenced to 10 years in prison. Cruz-Sanchez pleaded guilty to conspiracy to manufacture marijuana and depredation of public lands and resources and on March 9, 2023, was sentenced to 10 years in prison.
California Doctor and Medical Practice Agree to Pay $11.4 Million to Resolve False Claims Act Allegations Relating to Skin Biopsies, Spine Surgeries, and Urine Drug TestingRead the Press Release
SACRAMENTO, Calif. — Lags Spine & Sportscare Medical Centers Inc. (Lags Medical) and Francis P. Lagattuta M.D., the owner and medical director of Lags Medical, have agreed to pay $11,388,887 to resolve allegations that they violated the False Claims Act by submitting millions of dollars of false claims to Medicare, Medi-Cal, and the Oregon Medicaid program for medically unnecessary skin biopsies, spinal cord stimulation surgeries, and urine drug testing, U.S. Attorney Phillip A. Talbert announced today.
Skin Biopsies
The settlement resolves allegations that, from 2016 to 2021, Lagattuta and Lags Medical performed medically unnecessary skin biopsies to test patients for small fiber neuropathy. As part of the settlement, Lagattuta and Lags Medical acknowledged that Lagattuta created what he named an “Artificial Intelligence Team” of non-provider staff who were required to order at least 150 skin biopsies per week for patients without the consent of the patients’ treating providers at Lags Medical. Each biopsy order stated that the patient had identical symptoms of small fiber neuropathy, yet those symptoms were generally inconsistent with those patients’ actual symptoms. Lagattuta and Lags Medical also acknowledged as part of this settlement that, if a patient refused a skin biopsy, Lags Medical told the patient that they would reduce their opioid medication and instructed the patient’s provider to immediately taper the patient’s medication.
Spinal Cord Stimulation Surgeries
The settlement also resolves allegations that, from 2018 to 2021, Lagattuta and Lags Medical performed medically unnecessary surgeries to implant spinal cord stimulators, which is an invasive surgery of last resort for the treatment of chronic pain. Lagattuta paid a psychiatrist to state to Medicare and Medicaid insurers that the psychiatrist had performed a necessary psychological evaluation on each patient prior to receiving the surgery and that the patient did not have any preexisting psychological or active substance abuse disorders that would adversely affect their response to the surgery. But Lagattuta and Lags Medical knew that the psychiatrist did not perform in-person psychological evaluations of any patients and ignored indications that many patients suffered from psychological or substance use disorders before receiving spinal cord stimulation surgery.
Urine Drug Testing
Finally, the settlement resolves allegations that, from 2017 to 2021, Lagattuta and Lags Medical performed medically unnecessary definitive urine drug testing, which identifies the concentration of specific medications, illicit substances, and metabolites in urine samples. Blanket orders of urine drug testing—identical orders for all patients without regard to each patient’s individualized medical necessity for the test—are not covered by Medicare. Lagattuta and Lags Medical acknowledged that they made identical orders of urine drug tests for all patients to be tested every four months and ordered the maximum number of drug panels for each patient, using Healthcare Common Procedure Coding System Code G0483. Lags Medical’s CEO stated to Lagattuta that performing urine drug tests on all their patients “[s]hould be a big money maker” and called it “Operation GO483!” When a new consultant for Lags Medical told Lagattuta that it was “medically unnecessary but also wasteful” to order the maximum number of drug panels for each patient, Lagattuta directed a Lags Medical executive not to contact the consultant “because she might report us. For anything.”
The United States alleges that Lagattuta’s and Lags Medical’s conduct relating to these three procedures violated the False Claims Act.
The settlement amount of $11,388,887 is based on Lagattuta’s and Lags Medical’s ability to pay and includes proceeds from Lagattuta’s sale of a remotely operated underwater vehicle. As part of the settlement. Lagattuta has also agreed to a voluntary exclusion from federal health care programs for five years.
“Dr. Lagattuta and Lags Medical engaged in a brazen scheme to defraud Medicare and Medicaid of millions of dollars by inflicting unnecessary and painful procedures on patients whom they were supposed to be relieving of pain,” said U.S. Attorney Talbert. “The United States Attorney’s Office and our law enforcement partners will use all of the tools at our disposal to stop fraud against federal health care programs and prevent patient harm.”
“Thousands of Medi-Cal patients trusted Dr. Lagattuta to take away their pain,” said Attorney General Bonta. “Instead he exploited their trust by carrying out arrays of unnecessary tests and billing for them over the objections of the doctors he employed. Billing for services that providers know are unnecessary undermines the quality of care that patients receive, and increases the costs to the Medi-Cal program. I am grateful to the U.S. Attorney’s Office for their partnership in this effort to hold Dr. Lagattuta to account. My office remains committed to pursuing justice against those who seek to abuse the Medi-Cal system for their own benefit.”
“Health care providers, including physicians, who perform medically unnecessary procedures to boost profits undermine the public’s trust in the health care system and exploit taxpayer-funded programs,” stated Special Agent in Charge Steven J. Ryan of the Department of Health and Human Services Office of Inspector General (HHS-OIG). “Working with our law enforcement partners, HHS-OIG is committed to protecting the health of patients and the integrity of federal health care programs serving them.”
The civil settlement includes the resolution of claims brought under the qui tam or whistleblower provisions of the False Claims Act by Steven Capeder, Lags Medical’s former operations director and marketing director. Under those provisions, a private party can file an action on behalf of the United States and receive a portion of any recovery. The qui tam case is captioned United States and California ex rel. Steven Capeder v. Francis P. Lagattuta, M.D., Lagz Corporation, Spine & Pain Treatment Medical Center of Santa Barbara, Inc., and LAGS Spine & Sportscare Medical Centers, Inc., No. 2:18-cv-2928 KJM KJN (E.D. Cal.). As part of the settlement announced today, Capeder will receive approximately $2.1 million.
The investigation was conducted with the California Department of Justice, the U.S. Department of Health and Human Services, Office of the Inspector General, the Federal Bureau of Investigation, and the U.S. Department of Defense, Defense Criminal Investigative Service.
lagattuta_agreement_fully_executed_final.pdfTwo Men Convicted of Using Credit and Debit Card Skimmers at Gas Stations to Steal Nearly $200,000 in Fresno and Southern CaliforniaRead the Press Release
FRESNO, Calif. — Akop Dongelyan, 47, of Glendale, and Artak Vardanyan, 40, of Burbank, pleaded guilty today to conspiring to commit credit and debit card fraud, U.S. Attorney Phillip A. Talbert announced.
According to court records, in November 2015, Dongelyan and Vardanyan went on a crime spree in Fresno and Southern California where they stole multiple victims’ credit and debit card information through skimmers placed at gas stations. They then used that information to make counterfeit credit and debit cards and fraudulently withdraw $198,000 from the victims’ accounts.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Joseph Barton is prosecuting the case.
Dongelyan is scheduled to be sentenced on Nov. 6, 2023, and Vardanyan is scheduled to be sentenced on Oct. 16, 2023, by U.S. District Judge Ana de Alba. They each face a maximum statutory penalty of five years in prison and $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Kern County Man Charged in Operation Red Reaper Sentenced to over 11 Years in Prison for Methamphetamine DistributionRead the Press Release
FRESNO, Calif. — Ernesto Zibray, 34, of Delano, was sentenced today to 11 years and three months in prison for distribution of over 500 grams of methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Zibray was charged as part of Operation Red Reaper, a multi-agency operation that resulted in three federal cases charging a total of 23 individuals. The months-long investigation uncovered evidence that the Nuestra Familia prison gang and its associates were responsible for large-scale trafficking of methamphetamine and other controlled substances, as well as various firearms offenses and other violent crimes in Kings and Tulare Counties.
On May 6, 2019, Zibray, who was on probation for another drug trafficking offense, distributed 2 pounds of methamphetamine to a co-defendant in Delano. Moments later, investigators conducted a traffic stop on the car in which the co-defendant was traveling, searched the car, and found the methamphetamine.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the Kings County Gang Task Force, the California Department of Justice, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the Kings County District Attorney’s Office, and the Tulare County Sheriff’s Office. Assistant U.S. Attorney Justin J. Gilio prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Fresno Sex Offender Pleads Guilty to Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — Gary Lee Briggs, 66, of Fresno, pleaded guilty today to receipt and distribution of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Jan. 3, 2020, a concerned citizen reported to law enforcement that Briggs appeared to be trying to lure an eight-year-old boy into Briggs’s apartment in Fresno. When officers confronted Briggs, he reported that he planned to test his ability to withstand urges that attracted him to the boy. Briggs also admitted that Facebook recently had terminated his account for having transmitted sexually explicit material on that platform. Facebook separately had notified the National Center for Missing & Exploited Children that Briggs’s Facebook account had been used to transmit sexually explicit images of minors from August through December 2019.
This case is the product of an investigation by the Central Valley Internet Crimes Against Children Task Force, specifically the Fresno Police Department, the Fresno County Sheriff’s Office, and Homeland Security Investigations. Assistant U.S. Attorney David Gappa is prosecuting the case.
Briggs is scheduled to be sentenced before U.S. District Judge Jennifer L. Thurston on Oct. 23, 2023. Briggs faces a mandatory prison term of between 15 and 40 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Fresno Man Charged in Operation No Fly Zone Sentenced to over 2 Years in Prison for Illegal Possession of AmmunitionRead the Press Release
FRESNO, Calif. — Donald Ray Phelps Jr., 29, of Fresno, was sentenced to two years and three months in prison for being a felon in possession of ammunition, U.S. Attorney Phillip A. Talbert announced.
According to court documents, the charges stemmed from Operation No Fly Zone, a multi‑agency, months-long investigation that sought to address a rise in the number of shootings and homicides in Fresno. The operation resulted in the arrests of over 40 individuals, including seven federal defendants.
On March 18, 2022, investigators learned about the presence of a firearm inside a car in which Phelps was a passenger. Officers conducted a traffic stop on the car, and during a search of the car, under the seat where Phelps had been sitting, officers found a loaded, privately manufactured, semi-automatic handgun with no serial number and a compatible extended firearm magazine.
This case was the product of an investigation by the Federal Bureau of Investigation. The following agencies also assisted: Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Fresno Police Department; the Fresno-area Multi-Agency Gang Enforcement Consortium (MAGEC); the California Department of Justice Special Operations Unit; the California Department of Justice Human Trafficking/Sexual Predator Apprehension Team; the California Highway Patrol; the Fresno County Sheriff’s Office; the Kings County Sheriff’s Office; the California Department of Corrections and Rehabilitation; and the Fresno County District Attorney’s Office. Assistant U.S. Attorneys Justin J. Gilio and Antonio J. Pataca prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Two Kern County Defendants Charged with Sexual Exploitation of a Minor and Receiving and Distributing Child PornographyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a five-count indictment Thursday against Bakersfield residents Roy Richard Truitt III, 40, and Amber Louise Lowe, 46, charging them with sexual exploitation of a minor, attempt and conspiracy. Lowe is further charged with distribution of child pornography. Truitt is further charged with receiving and distributing child pornography and committing a felony offense involving a minor while being required to register as a sex offender, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Truitt and Lowe conspired to, attempted to, and sexually exploited a minor victim, producing photographs of the sexual exploitation, which Lowe distributed to Truitt, and Truitt distributed to others. Truitt further distributed other images of child pornography to other individuals over the internet. During the relevant time period, Truitt was required to register as a sex offender in California.
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Jeffrey A. Spivak is prosecuting the case.
If convicted, Truitt faces a mandatory minimum penalty of 25 years in prison and a maximum of 50 years in prison, and a $250,000 fine for sexual exploitation of a minor, a mandatory minimum penalty of 15 years in prison and a maximum of up to 40 years in prison for receipt and distribution of child pornography. If convicted for committing a felony offense against a minor while being a registered sex offender, Truitt faces a mandatory minimum consecutive sentence of 10 years in prison. If convicted, Lowe faces a mandatory minimum penalty of 15 years in prison and a maximum of up to 30 years in prison, and a $250,000 fine for sexual exploitation of a minor. If convicted of distribution of child pornography Lowe faces a mandatory minimum sentence of five years in prison and a maximum of up to 20 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Six Indicted for Drug Trafficking in San Joaquin County and ElsewhereRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 13-count indictment Thursday against Jorge Omar Arredondo Garcia, 44, of Lodi; Gregorio Ontiveros Verdugo, 39, of Morada; Jose Manuel Ontiveros Verdugo, 37, of Stockton; Alberto Navarro Zapata, 36, of Stockton; and Wilfredo Reyes, 48, of Manteca; charging them with conspiracy to distribute methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, distribution of heroin, and unlawful use of a telephone, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between July 2019 and December 2019, the defendants conspired with each other and with others to distribute methamphetamine. During the investigation, an undercover source bought a total of 11 pounds of methamphetamine and a half pound of heroin from this drug trafficking organization. Law enforcement interdicted the group’s shipments of 50 pounds of methamphetamine destined for Nebraska, as well as a 21‑pound shipment destined for Pennsylvania.
This investigation also resulted in the indictment of Robert Godinez, 50, of Hayward, who was pulled over on a traffic stop after buying methamphetamine from a former member of this conspiracy. A federal grand jury returned a three-count indictment against Godinez today, charging him with possession with intent to distribute methamphetamine and heroin and unlawful use of a cellphone. Two pounds of methamphetamine and approximately a half pound of heroin were found in his vehicle.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation, Customs and Borders Protection, the Drug Enforcement Administration, Homeland Security Investigations, the San Joaquin County Probation, the Stockton Police Department, and the Tracy Police Department. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Placer County Man Indicted for Sexual Exploitation Offenses Against a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Ryan Davidek, 39, of Lincoln, charging him with transportation of a minor with intent to engage in criminal sexual activity and travel with intent to engage in illicit sexual conduct, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2016, Davidek began a sexual relationship with a 14-year-old victim who he had met online. Over the course of several years, Davidek booked hotel rooms and traveled across state lines, as well as transported the victim from another state to the Eastern District of California, to commit the charged crimes.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Alexis Klein is prosecuting the case.
If convicted of transportation of a minor with intent to engage in criminal sexual activity, Davidek faces a mandatory minimum of 10 years in prison and a maximum of life in prison and a $250,000 fine, and if convicted of travel with intent to engage in illicit sexual conduct, he faces up to 30 years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Yuba City Man Indicted for Unlawfully Possessing and Selling GunsRead the Press Release
SACRAMENTO, Calif. — On June 15, 2023, a federal grand jury returned a five-count indictment against Billy Glyn Sims Jr., 29, of Yuba City, charging him with dealing in firearms without a license, being a felon in possession of firearms and ammunition, and selling ammunition to a prohibited person, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between April 1, 2022, and March 9, 2023, in the Counties of Yuba, Yolo and Sutter, Sims, who is not a licensed firearms dealer, unlawfully engaged in the business of dealing in firearms. In connection with his dealing, Sims was in possession of two guns and ammunition, which he is prohibited from possessing because of his prior felony convictions, including for domestic violence and burglary. Sims also sold ammunition to a person that he knew had prior felony convictions and could not legally possess ammunition.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Justin L. Lee and Dhruv M. Sharma are prosecuting the case.
If convicted, Sims faces a maximum statutory penalty of five years in prison and a $250,000 fine for unlawfully dealing in firearms, 10 years in prison and a $250,000 fine for being a felon in possession of a firearm, and up to 15 years in prison and a $250,000 fine for being a felon in possession of ammunition and for selling ammunition to a prohibited person. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Grass Valley Man Sentenced to 10 Years in Prison for a Fentanyl Trafficking Conspiracy and other Narcotics OffensesRead the Press Release
SACRAMENTO, Calif. — Nathaniel Opondo Hubbert, 42, of Grass Valley, was sentenced today to 10 years in prison for conspiring to possess and distribute fentanyl, possession with intent to distribute fentanyl, and possession with intent to distribute heroin and methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in June 2020, Hubbert conspired with Steven Lawrence Robinson, 36, of Granite Bay, and others, to possess and distribute fentanyl in Placer County. A search of Robinson’s residence on June 2, 2020, resulted in the discovery of over 40 grams of fentanyl involved in this conspiracy. On June 24, 2020, a probation search of two hotel rooms Hubbert had rented, and a subsequent booking search of his person, resulted in the discovery of methamphetamine, heroin, and additional fentanyl. Robinson and Hubbert were connected to at least one overdose of a victim who had to be given medical treatment after using drugs purchased from Hubbert.
On March 26, 2021, Robinson was sentenced to five years in prison for his role in the fentanyl trafficking conspiracy.
This case was the product of an investigation by the Drug Enforcement Administration, the Lincoln Police Department, the Placer County District Attorney’s Office, the Placer County Sheriff’s Office, and the Roseville Police Department. Assistant U.S. Attorney Adrian T. Kinsella prosecuted the case.
Placerville Man Sentenced to 15 Months in Prison for Possessing 27 Dogs for FightingRead the Press Release
SACRAMENTO, Calif. — Carlos Villasenor, 40, of Placerville, was sentenced today to 15 months in prison for possession of dogs for use in an animal fighting venture, U.S. Attorney Phillip A. Talbert announced. Villasenor was also ordered to pay a $5,500 fine and a $2,700 special assessment.
According to court documents, Villasenor operated a dog breeding business in which he bred dogs from a number of well-known and desirable dogfighting bloodlines. Villasenor transported dogs between California and Mexico for dogfighting, trained dogs for dogfighting on his property in Placerville, and sold dogs to buyers primarily outside California.
In September 2020, the sound of dogfighting, with humans egging the dogs on, could be heard from Villasenor’s Placerville property. In June 2021, law enforcement agents executed a federal search warrant at Villasenor’s property and seized 27 pit bull-type dogs, one of whom had injuries to its face consistent with an attack from another dog. Agents also seized one chihuahua mix that was used as a “bait dog.” Approximately half the dogs were tethered by heavy chains and spaced so that they could see one another, but not reach one another, in order to frustrate the dogs and foster aggression. Many of the dogs had untreated veterinary conditions. Numerous implements of the dogfighting trade were found on the property, including a breeding stand, treadmills, and veterinary supplies including skin staplers, antibiotics, syringes, and IV bags. In his plea agreement in December 2022, Villasenor surrendered his interest in the dogs and property seized by law enforcement.
Evidence in the case, including phone records, showed that Villasenor engaged in the sale of dogs for profit, selling dogs both within and outside California. Villasenor used his reputation to build a clientele outside of the West Coast, for the purpose of keeping his dogs outside the hands of his competition in the Bay Area. He also traveled to Mexico to further the illegal sport. His history in the business of breeding, selling, and fighting dogs dates back to at least 2009.
This case was the product of an investigation by the U.S. Department of Agriculture with assistance from El Dorado County Animal Services. Assistant U.S. Attorney Audrey Hemesath prosecuted the case.
Mexican National Pleads Guilty to Madera Methamphetamine TransactionRead the Press Release
FRESNO, Calif. — Jesus Alberto Reyes-Parra, 31, a citizen of Mexico, pleaded guilty today to possessing with intent to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Reyes-Parra brought nearly 50 pounds of methamphetamine to an undercover drug transaction in Madera following negotiations by a third party for the sale of 50 pounds of methamphetamine for $125,000. Following a traffic stop of Reyes-Parra’s vehicle, a law enforcement officer recovered the methamphetamine and located a stolen Colt .38 caliber handgun with a loaded magazine inserted in the center console of the vehicle.
This case is the product of an investigation by Homeland Security Investigations with assistance from the Tri-County Drug Enforcement Team, a High Intensity Drug Trafficking Area initiative task force. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Reyes-Parra is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on Oct. 10, 2023. Reyes-Parra faces a mandatory minimum prison term of 10 years in prison and a maximum statutory penalty of life in prison, as well as a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Central Valley Man Sentenced to over 6 Years in Prison for $9 Million Cow Manure Ponzi SchemeRead the Press Release
FRESNO, Calif. — Ray Brewer, 66, of Porterville, and Sheridan, Montana, was sentenced today to six years and nine months in prison for running a multimillion-dollar fraud scheme where he purported to turn cow manure into green energy, U.S. Attorney Phillip A. Talbert announced.
According to court records, from March 2014 through December 2019, Brewer stole $8,750,000 from investors by claiming to build anaerobic digesters on dairies in Fresno, Kern, Kings, and Tulare Counties, as well as other counties in California and Idaho. Anaerobic digesters are large machines that use microorganisms to break down biodegradable material and turn it into methane. The methane can then be sold on the open market as green energy. The methane also produces Renewable Energy Credits (REC), which represent the property right to the reduction in greenhouse gas emissions achieved through green energy creation. RECs are commonly purchased by companies to meet green energy regulatory, contractual, and initiative requirements or commitments. Brewer’s investors were supposed to receive 66% of all net profits as well as tax incentives.
Brewer made various misrepresentations to his investors. Brewer took investors on tours of dairies where he said that he was going to build the digesters and sent them forged lease agreements with the dairy owners. He also sent the investors altered agreements with banks that made it appear as though he had obtained millions of dollars in loans to build the digesters. Moreover, he sent the investors forged contracts with multinational companies that made it appear as though he had secured revenue streams. Finally, he sent the investors fake pictures of the digesters under construction. None of this was true.
Fake digester picture sent to investors
After Brewer received the investors’ money, he transferred the funds to multiple other bank accounts that he opened in the names of different entities, his family members, and an alias. He used false descriptions for the transfers. He did so to conceal the location, source, ownership, and control of the money before using it for personal expenditures. These expenditures included two plots of land that were 10 or more acres each, a 3,700 square foot custom home, and new Dodge Ram pickup trucks.
Brewer subsequently told his investors that the digesters were progressing when that was not the case. He did so by sending them fake documents: construction schedules, invoices for project-related costs, power generation reports, RECs, and pictures.
In some instances, Brewer purported to refund investors all or some of their money. The refunds, however, came from newly received money from other investors who had not authorized Brewer to use their money in this way. When Brewer’s investors realized the fraud and obtained civil judgments against him, he moved to Montana and assumed a new identity.
Upon his arrest, Brewer told officers that they had the wrong man. He also claimed to have been in the Navy and recalled how he once saved several soldiers during a fire by blocking the flames with his body so that they could escape. Brewer has since admitted that these were both lies meant to curry favor with law enforcement.
This case was the product of an investigation by the Internal Revenue Service, Criminal Investigation, the Federal Bureau of Investigation, and the Social Security Administration Office of Inspector General. Assistant U.S. Attorneys Joseph D. Barton, Henry Z. Carbajal III, and Alyson A. Berg prosecuted the case.
Sacramento Man Indicted for Possessing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Christopher Eric Campbell, 48, of Sacramento, charging him with possession of child pornography, United States Attorney Phillip A. Talbert announced.
According to court documents, Campbell possessed child pornography in March 2023. The indictment seeks forfeiture of three different electronic devices that Campbell used to commit the offense, including an iPad, a cell phone, and a hard drive.
This case was the product of an investigation by the Sacramento Valley Hi-Tech Crimes Task Force Internet Crimes Against Children Unit, including Homeland Security Investigations and the Sacramento County Sheriff’s Office. Assistant United States Attorney Emily G. Sauvageau is prosecuting the case.
Campbell is in state custody on related charges. If convicted in this case and proven to have a prior conviction under the laws of any State relating to the sexual abuse of a minor, Campbell faces a minimum statutory penalty of 10 years in prison, a maximum statutory penalty of 20 years in prison, and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Southern California Woman Sentenced to 33 months in Prison for Knife Assault on a Camper in Sequoia National ParkRead the Press Release
FRESNO, Calif. — Sarah E. Meenahan, 28, of Manhattan Beach, was sentenced today to 33 months in prison for assault with intent to commit a felony, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on May 16, 2022, Meenahan entered a camper van in Sequoia National Park with the intent to steal the camper van from the occupant, who was sleeping. Meenahan exited the camper van, but moments later reentered the camper and attempted to stab the occupant with a 4-inch serrated knife. The occupant was able to subdue Meenahan and eject her from the camper before she could stab him. Then Meenahan fled in a stolen car. When National Park Service rangers encountered her and tried to arrest her, she refused to comply with commands, and was only taken into custody after rangers deployed a taser.
On Feb. 21, 2023, Meenahan pleaded guilty to the assault.
This case was the product of an investigation by the National Park Service. Assistant U.S. Attorneys Kimberly A. Sanchez and Michael G. Tierney prosecuted the case.
Owner of Desert Star Motel in Bakersfield Sentenced to 4 Years in Prison for Participation in Sex Trafficking EnterpriseRead the Press Release
FRESNO, Calif. — Jatinbhai Naresh Bhakta, 31, of Bakersfield, was sentenced today to 4 years in prison and ordered to pay a forfeiture money judgment of over $1 million for using a facility of interstate commerce in aid of a racketeering enterprise, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in 2015, Bhakta purchased and began operating the Desert Star Motel at 516 South Union Avenue in Bakersfield. Bhakta lived in a unit at the motel. Co‑defendant Roy Gene Drees, 45, also lived at the motel and was employed as a handyman and general manager. During Bhakta’s ownership from at least 2018 to 2020, the Desert Star primarily catered to prostitutes and their actual and potential clients. Bhakta communicated with pimps by telephone and messaging applications, and would check in on prostitutes when asked to do so by the pimps. Depending on the time of day, it was not unusual to see most, if not all, of the doors to motel rooms wide open with suspected prostitutes in lingerie standing outside, waving to drivers and approaching their vehicles. Prospective customers would park directly in front of the room of the prostitute they desired, and the prostitute would either direct them into the room immediately or meet the customer outside to arrange a deal. There were approximately 20 to 25 rooms available for rent, most of which were occupied by prostitutes, with very few, if any, used for legitimate overnight residency. Bhakta routinely charged rates of $120-140 per room per night in cash. From 2018 through January 2020, Bhakta deposited over $1 million in cash into his bank accounts, at a typical rate of approximately $30,000 to $40,000 per month.
In May 2019, two minor females were rescued from the property after having been trafficked by Darnell Edwards, 33, of Antioch at the Desert Star. On Jan. 22, 2021, a search warrant was executed at the Desert Star, and 15 prostitutes and three pimps were encountered. Drees and Bhakta were arrested at that time.
On Nov. 10, 2022, Bhakta pleaded guilty. On May 1, 2023, Edwards was sentenced to 19 years and seven months for sex trafficking of the two minors.
Charges are pending against Drees, who is scheduled for trial on March 23, 2024. If convicted, he faces a maximum statutory penalty of up to five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Federal Bureau of Investigation, Homeland Security Investigations, the Bakersfield Police Department, and the Parole Division of the California Department of Corrections and Rehabilitation. Assistant U.S. Attorney David L. Gappa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Fresno Woman Pleads Guilty to Bank Fraud and Identity Theft in Year-Long SchemeRead the Press Release
FRESNO, Calif. — Bobbi Jo Heiss, 36, of Fresno, pleaded guilty today to bank fraud and aggravated identity theft, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between August 2020 and September 2021, Heiss engaged in a scheme to steal debit cards, checks, identity documents, and banking information in order to make fraudulent purchases, cash checks, and open unauthorized lines of credit. The scheme caused at least $250,000 in actual and attempted loss during that year-long period.
For example, as part of the scheme, on April 30, 2021, Heiss presented a check for $57,767 to a car dealership in Fresno with the name and driver’s license number of an identity theft victim in order to purchase a 2017 Sierra GMA.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the Fresno County Sheriff’s Office - Elder Abuse Unit. Assistant U.S. Attorney Henry Carbajal is prosecuting the case.
Heiss is scheduled to be sentenced by U.S. District Judge Jennifer L. Thurston on August 21, 2023. Heiss faces a maximum statutory penalty of 30 years in prison and a fine of $250,000 for bank fraud. She faces a maximum sentence of two years in prison consecutive to any other sentence and a fine of $250,000 for aggravated identity theft. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Defendants in Two Fresno Cases of Fentanyl Trafficking and Illegal Gun Possession Plead GuiltyRead the Press Release
FRESNO, Calif. — Two defendants pleaded guilty today to charges brought in 2021 of fentanyl trafficking and illegal firearm possession, U.S. Attorney Phillip A. Talbert announced.
In the first case, Nicholas Solis, 28, of Fresno, pleaded guilty today to possessing fentanyl with intent to distribute it and possessing a firearm in furtherance of a drug trafficking offense. According to court documents, on Jan. 6, 2021, an undercover officer ordered fentanyl pills from Solis using a Snap Chat account. Based on the messages, a search warrant was issued for Solis’s person, car, and residence. The same day, Solis posted a video of himself in his car counting a large sum of money with a firearm on his lap. Moments later, agents executed the search warrant and found fentanyl pills and the firearm from the video Solis had posted.
In the second case Uriel Diaz-Santos, 21, of Fresno, pleaded guilty to possession with intent to distribute fentanyl and possession of a firearm in furtherance of a drug trafficking crime. According to court documents, after two juveniles overdosed on fentanyl pills, investigators interviewed witnesses and reviewed phone records, ultimately developing enough evidence to obtain a search warrant for Diaz-Santos’s residence. On Nov. 2, 2021, investigators searched Diaz-Santos’s house and found thousands of fentanyl pills and a firearm.
These cases are the product of investigations by the Fentanyl Overdose Resolution Team, a multi‑agency team composed of Homeland Security Investigations, the Drug Enforcement Administration, and the Fresno Police Department. Assistant U.S. Attorney Justin J. Gilio is prosecuting both cases.
Diaz-Santos and Solis are both scheduled to be sentenced on October 2, 2023. The defendants face a maximum statutory penalty of life in prison and a $1 million fine for trafficking fentanyl. The firearm charge carries a mandatory minimum penalty of five years in prison, consecutive to any other sentence. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Bakersfield Man Sentenced for Transferring Obscene Material to a MinorRead the Press Release
FRESNO, Calif. — Alexis Rudy Reyes, 29, of Bakersfield, was sentenced today to 21 months in prison and fined $5,000 for transferring obscene material to a minor, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in April and May 2017, Reyes engaged in electronic video and messaging communications with the victim in this case, who was just eight years old. In those communications Reyes threatened to kill the victim’s mother if the victim did not take off her clothes while he watched. Reyes then proceeded to have multiple video chats with the victim in which the victim took off her clothing, and Reyes then exposed himself to the victim while manipulating his private parts.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney David Gappa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Sacramento Area Group Charged for Shipping Fentanyl Pills Across the United StatesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 17-count indictment Thursday against Sacramento residents Marcus Miller, 33; Reginald Jones, 33; Felicia Shaw, 31; Jimmy Van II, 38; and Jazzmine Campbell, 30; charging them with conspiracy to distribute and possess with intent to distribute fentanyl and methamphetamine, in addition to other drug and gun charges, U.S. Attorney Phillip A. Talbert announced.
According to court documents, the conspirators shipped hundreds of thousands of fentanyl pills around the country for more than a year. On several occasions, law enforcement seized packages shipped by Miller, Jones, and their co-conspirators, and found fentanyl pills, often hidden inside children’s toys. In total, law enforcement seized approximately 450,000 fentanyl pills connected to the conspiracy through seized shipments and search warrants. Based on additional evidence, law enforcement estimates that members of the conspiracy have shipped more than one million fentanyl pills to customers in several different states.
During searches connected to the conspiracy, agents found hundreds of thousands of fentanyl pills, over $80,000 in cash, and 17 firearms. Some of the pills and firearms were hidden inside secret compartments in the vehicles of Miller and Jones.
This case was the result of a joint investigation between the U.S. Postal Inspection Service; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Drug Enforcement Administration with assistance from the Sacramento Police Department, the Folsom Police Department, the U.S. Marshals Service, and the Citrus Heights Police Department. Assistant U.S. Attorneys Alexis Klein and Ross Pearson are prosecuting the case.
If convicted, all defendants face a mandatory minimum penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
This case is part of Operation Synthetic Opioid Surge (S.O.S.) a program designed to reduce the supply of deadly synthetic opioids in high impact areas as well as identifying wholesale distribution networks and international and domestic suppliers. In July 2018, the Justice Department announced the creation of S.O.S., which is being implemented in the Eastern District of California and nine other federal districts.
Property Management Company to Pay Nearly $75,000 to Resolve Servicemembers Civil Relief Act ClaimsRead the Press Release
The Justice Department today announced that FPI Management Inc. (FPI) has agreed to pay $74,087 to resolve allegations that it violated the Servicemembers Civil Relief Act (SCRA) by imposing unlawful charges on nine servicemembers who were exercising their right to terminate their apartment leases after receiving military orders to relocate.
“The SCRA protects servicemembers who have answered our country’s call to serve,” said U.S. Attorney Phillip A. Talbert. “The U.S. Attorney’s Office and our partners in the Civil Rights Division stand ready to vindicate those rights, to allow our servicemembers to focus on their duty and relieve stress on them and their families.”
“The right for servicemembers to terminate leases without penalty when military orders send them elsewhere is a critical protection for people who already sacrifice so much,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will continue to enforce federal civil rights laws to ensure that paying rent for housing they no longer need is not another sacrifice servicemembers must bear.”
The SCRA extends various protections to servicemembers to allow them to devote their entire energy to the national defense. The SCRA provides protections for servicemembers in areas such as evictions, security deposits, pre-paid rent, civil judicial proceedings, installment contracts, interest rates, foreclosures, and automobile leases. The SCRA also allows servicemembers to terminate their residential leases after entering military service or receiving military orders for a permanent change of station, deployment, or retirement. Landlords are prohibited from imposing an early termination charge on servicemembers who terminate their leases under the SCRA.
The department launched an investigation into FPI’s leasing practices after receiving a referral from Coast Guard Legal Assistance about two instances where FPI attempted to require servicemembers who were terminating their leases early under the SCRA to repay discounts they had received when they signed the lease. In one case, FPI required Coast Guard Petty Officer First Class Aaron Gomez and his wife to repay $8,590 in lease concessions after they terminated their lease at an apartment building in Oakland near Coast Guard Island Alameda. In the other case, FPI told Coast Guard Petty Officer First Class William Fuchs that he would have to repay $7,838 in lease incentives after he terminated his lease at the same apartment building. Fuchs had just received military orders to relocate Charleston, South Carolina.
In a complaint filed in the U.S. District Court for the Eastern District of California, the department alleges that FPI unlawfully imposed early termination charges on a total of nine servicemembers who had exercised their right to terminate their residential leases upon receipt of qualifying military orders.
Under the consent order, which still must be approved by the court, FPI has agreed to pay a total of $51,587 to the servicemembers and a $22,500 civil penalty to the United States. The order also requires FPI to repair the servicemembers’ tenant database entries, implement new policies and procedures that comply with the SCRA, and training its employees on the SCRA.
Since 2011, the Justice Department has been awarded over $481 million in monetary relief for over 146,000 servicemembers through its enforcement of the SCRA. For more information about the department’s SCRA enforcement efforts, please visit www.servicemembers.gov.
Servicemembers and their dependents who believe that their rights under the SCRA have been violated should contact the nearest Armed Forces Legal Assistance Program Office. Office locations may be found at http://legalassistance.law.af.mil.
Modesto Man Sentenced to over 12 Years in Prison for Drug Trafficking, Illegal Firearms PossessionRead the Press Release
FRESNO, Calif. — Joshua Harrington, 36, of Modesto, was sentenced Monday to 12 years and seven months in prison for possessing with intent to distribute methamphetamine and being a felon in possession of a firearm, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on April 2, 2021, Harrington discarded a backpack with two firearms while fleeing from law enforcement officers. Harrington is prohibited from possessing firearms and ammunition because he has been convicted of multiple felonies in Stanislaus County, including possession of a controlled substance and two convictions for being a felon in possession of a firearm. Officers also located methamphetamine possessed by Harrington for distribution in the garage at his residence. On Aug. 14, 2021, Harrington possessed methamphetamine with the intent to distribute it in Modesto.
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Stanislaus County District Attorney’s Office; the Stanislaus County Probation Department; and the Modesto Police Department. Assistant U.S. Attorney Kimberly Sanchez prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
South Lake Tahoe Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Timothy Mackey, 42, of South Lake Tahoe, pleaded guilty today to distribution of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Mackey was a member of chat groups that shared child pornography on the social media platform LiveMe, including a group named “No Limit!!!” On Feb. 6, 2020, and Feb. 25, 2020, Mackey, using the username “bag of rock,” posted multiple images of child pornography in the “No Limit!!!” group.
Mackey had worked as a snowboarding instructor and applied to become a foster parent prior to his arrest in April 2020.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
Mackey is scheduled to be sentenced on Sept. 11, 2023. He faces a mandatory minimum sentence of five years in prison, a maximum statutory penalty of 20 years in prison, and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Sentences Announced in Operation Red Reaper that Targeted the Criminal Activities of the Nuestra Familia Prison Gang in Kings and Tulare CountiesRead the Press Release
FRESNO, Calif. — U.S. Attorney Phillip A. Talbert announced the sentencings today in cases brought in 2019 following Operation Red Reaper, a multi-agency investigation into the Nuestra Familia prison gang and the Norteño street gang in Kings County. The last defendant in case number 1:19-cr-143, Angel Montes, 27, of Visalia, was sentenced to 11 years and three months in prison for facilitating the distribution of the gang’s drugs and the collection of the gang’s proceeds. Also today, Eric Mercado, a defendant in a related case (1:19-cr-248) was sentenced to two years and six months in prison for illegal possession of a machine gun.
The investigation uncovered that the Nuestra Familia was responsible for large-scale trafficking of methamphetamine and other controlled substances, as well as various firearms offenses and other violent crimes. According to court documents, high-ranking Nuestra Familia members Salvador Castro Jr. and Raymond Lopez used contraband cellphones from inside Fresno County’s Pleasant Valley State Prison to arrange the transport of illicit narcotics from drug sources in California and Mexico to a stash house in Kings County. From that stash house, gang members outside of the prison coordinated the preparation and delivery of the drugs to distributors throughout Kings and Tulare Counties.
The sentences of the other defendants in the case are as follows:
- Salvador Castro Jr., 53, was sentenced to 17 years and six months in prison;
- Raymond Lopez, 35, was sentenced to 16 years and eight months in prison;
- Jesse Juarez, 32, was sentenced to 16 years and eight months in prison;
- Manuel Garcia, 36, was sentenced to 15 years in prison;
- Rafael Lopez 42, was sentenced to 15 years in prison;
- Raul Lopez, 52, was sentenced to 15 years in prison;
- Michael Rocha, 40, was sentenced to 10 years and one month in prison;
- Ramon Amador 33, was sentenced to 10 years in prison;
- Daniel Juarez, 31, was sentenced to 8 years in prison;
- Manuel Barrera, 28, was sentenced to five years and 10 months in prison;
- Joann Bernal, 36, was sentenced to time served.
On May 30, 2023, in another case also generated by Operation Red Reaper, Florentino Gutierrez, 41, of Hanford, was sentenced to 21 years and 10 months in prison for conspiracy to distribute and possess with intent to distribute 500 grams and more of a mixture containing methamphetamine. According to court documents, in April and May 2019, Gutierrez conspired with others to traffic over 2 kilograms of methamphetamine. Gutierrez’s plan included using his Cadillac Escalade as collateral to purchase the methamphetamine. His co-conspirators then traveled from Hanford to Bakersfield where they picked up the methamphetamine. On the return trip, investigators stopped the car, searched it, and seized five bags containing a total of over 2 kilograms of methamphetamine.
One of Gutierrez’s co-defendants, Ernesto Zibray, 34, of Delano, pleaded guilty to distribution of methamphetamine and is scheduled to be sentenced on July 10, 2023. He faces a mandatory minimum sentence of 10 years in prison, a maximum sentence of life in prison, and a fine up to $10 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Operation Red Reaper is the product of an investigation by the Kings County Gang Task Force, the California Department of Justice, the California Highway Patrol, the California Department of Corrections and Rehabilitation, the FBI, the Kings County District Attorney’s Office, and the Tulare County Sheriff’s Office. Assistant U.S. Attorneys Justin J. Gilio and Kimberly A. Sanchez are prosecuting the cases.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Kern High School District Employee Charged with Federal Explosive OffensesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a six-count indictment today against Angelo Jackson Mendiver, 26, of Bakersfield, an employee of the Kern High School District, charging him with conspiring to commit offenses against the United States; engaging in manufacturing and dealing in explosive materials; two counts of mailing an explosive device; improper storage of explosives; and making false statements to agents of the Federal Bureau of Investigation, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Mendiver used an Instagram account to sell explosives and explosive materials and worked closely with a male juvenile Bakersfield high school student to fulfill transactions. A federal search warrant executed at Mendiver’s residence on June 1, 2023, resulted in the seizure of approximately 500 pounds of explosives and explosive materials. Agents seized another 500 pounds of explosives and explosive materials from the juvenile’s residence.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from U.S. Postal Inspection Service, the Kern County Sheriff’s Office, and the Bakersfield Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Mendiver is scheduled for arraignment on the indictment on June 15, 2023. If convicted of engaging in the manufacture and dealing in explosive materials, Mendiver faces a maximum statutory penalty of 10 years in prison and a $250,00 fine. If convicted of making false statements to the FBI and conspiring to commit offenses against the United States, he faces a maximum statutory penalty for each count of five years in prison and a $250,000 fine. Mailing an explosive device and improper storage of explosives carry a maximum penalty for each count of one year in prison and a $100,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Georgia Man Pleads Guilty to Defrauding California Car DealershipRead the Press Release
SACRAMENTO, Calif. — Michael Uziewe, 63, of Grayson, Georgia, pleaded guilty today to one count of bank fraud related to an online scheme that defrauded a business owner in California and a second business owner in New Jersey, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Uziewe owned a purported business named God’s Word Christian Book Store. In March 2020, the first victim, an owner of a classic car dealership in Irvine, began communicating with a purported seller of two transmissions. At the seller’s direction, the victim sent more than $13,000 to the God’s Word business account that Uziewe controlled at Ameris Bank. The victim never received the transmissions.
Also, in April 2020, the second victim, an owner of a nail salon in Jersey City, New Jersey, sent more than $100,000 to Uziewe’s Ameris Bank account. She sent the funds to assist the return to the United States of an individual who claimed he was a surgeon working for the United Nations in Yemen and needed money to pay for costs associated with traveling to the United States.
When Uziewe attempted to withdraw the funds from the God’s Word account, he falsely claimed that they were proceeds of book sales.
This case is the product of an investigation by the Federal Bureau of Investigation and the U.S. Department of Defense Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.
U.S. District Judge Daniel J. Calabretta is scheduled to sentence Uziewe on Sept. 14, 2023. He faces up to 30 years in prison and a $1 million fine. The actual sentence, however, will be determined at the court’s discretion after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Shasta County Man Sentenced for Black Market Firearms TraffickingRead the Press Release
SACRAMENTO, Calif. — Brian Scheckla, 65, of Burney, was sentenced today to two years in prison for unlawful dealing in firearms, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Scheckla traveled to gun shows buying guns only to turn around and sell them for a price markup on the black market. In 2018, the Bureau of Alcohol, Tobacco, Firearms and Explosives served Scheckla with a cease-and-desist letter, advising him that he was unlawfully selling guns without a license. Nevertheless, Scheckla continued to travel to 20 gun shows a year to sell guns in California, Arizona, Nevada, Oregon, and Idaho. Between March 2016 and February 2019, Scheckla purchased at least 77 guns from federally licensed firearms dealers. Ten of those firearms that have been recovered by law enforcement as part of criminal investigations in Manteca, Sacramento, Modesto, Vallejo, Elk Grove, Anderson, Ontario, and Rancho Cordova.
This case was the product of an investigation by the ATF. Assistant U.S. Attorney Justin Lee prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the U.S. Department of Justice launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Dark Web Traffickers of Heroin, Methamphetamine, and Cocaine ProsecutedRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney Phillip A. Talbert announces a sentencing and a guilty plea in two cases the United States Attorney’s Office is prosecuting involving drug trafficking on the dark web.
Sentence: United States v. Ian Hoffmann, No. 2:21-cr-017-JAM
Ian Hoffmann, 44, of Bell Canyon, was sentenced today to 10 years in prison for conspiring to distribute methamphetamine, heroin, and cocaine. According to court documents, Hoffmann ran multiple narcotics vendor accounts on various dark web marketplaces, including “CaliCartel” and “BuxomBrunette” on the Dream marketplace, “Playground” on the Silk Road 3.1 marketplace, and “GambinoCrimeFamily” on the Wall Street Market marketplace. Hoffmann was a prolific dark web drug trafficker, completing more than 2,000 drug sales in a six-month period between October 2018 and April 2019 alone. Hoffmann accepted cryptocurrency in exchange for his narcotics and sent the drugs he sold using the U.S. Postal Service.
Federal law enforcement agents surveilled Hoffmann as he mailed dozens of packages suspected to contain narcotics on various dates in 2019. Agents subsequently executed a search warrant at Hoffmann’s residence and seized approximately 5 pounds of heroin, 14 pounds of cocaine, 40 pounds of methamphetamine, two loaded firearms, three boxes of ammunition, a bulletproof vest, more than a quarter of a million dollars in cash, a money-counting machine, several scales, and packaging materials.
Plea Agreement: United States v. Gabriel Alva, No. 2:21-cr-178-JAM
Gabriel Alva, 31, of Winnetka, pleaded guilty today to conspiracy to distribute heroin, cocaine, and methamphetamine; and to possessing a firearm in furtherance of this drug trafficking offense. According to court documents, Alva and his co-conspirators ran multiple drug vendor accounts on various dark web contraband marketplaces, including “Diablow” on the Silk Road 3.1 marketplace, “RaiseAppeals” on the Dream marketplace, and “RaisedByDiablow” on the Nightmare marketplace. Alva’s dark web vendor pages offered crystal methamphetamine, heroin, cocaine, and other narcotics for sale. Alva accepted payment in cryptocurrency for the narcotics and converted approximately $1.3 million worth of various cryptocurrencies into cash. In May 2019, law enforcement agents seized nearly 2 kilograms of heroin, more than 2 kilograms of cocaine, and nearly 24 kilograms of methamphetamine from Alva’s residence. Agents also seized a Remington shotgun and a Smith & Wesson assault rifle, which Alva admitted that he possessed to further his dark web drug trafficking operation.
These cases are the product of investigations by the Northern California Illicit Digital Economy (NCIDE) Task Force, which includes agents from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the U.S. Postal Service Office of Inspector General, the Internal Revenue Service - Criminal Investigation, and the Drug Enforcement Administration. The NCIDE Task Force is a federal task force focused on targeting all forms of illicit dark web and cryptocurrency activity in the Eastern District of California and beyond. Assistant U.S. Attorney Sam Stefanki is prosecuting both cases.
Alva is scheduled to be sentenced by U.S. District Judge John A. Mendez on Sept. 26, 2023. Alva faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
U.S. Attorney’s Office and Not in Our Town Present First Sacramento Screening of Documentary Film Repairing the World: Stories from the Tree of LifeRead the Press Release
SACRAMENTO, Calif. — On Sunday, June 4, community members and leaders gathered at The Crest Theatre to watch the first screening in Sacramento and the Central Valley of “Repairing The World: Stories From The Tree Of Life.” The documentary film is about Pittsburgh’s powerful community response to hate in the aftermath of the deadliest antisemitic attack in U.S. history, showing what it means to be “stronger than hate.”
The documentary follows survivors, families of the victims, diverse community members, students, and civic leaders as they examine their vulnerabilities and the impact of rising antisemitism, racism, hate speech, and gun violence. Against the backdrop of a tumultuous period in the country, a local community that has faced violence and trauma works to heal and grapple with what it means to be stronger than hate.The screening was presented by the U.S. Attorney’s Office for the Eastern District of California and Not In Our Town, and co-sponsored by the Jewish Federation of the Sacramento Region, Jewish Community Relations Council, Leonard M. Friedman Bar Association, Federal Bar Association Sacramento Chapter, Asian/ Pacific Bar Association of Sacramento, Women Lawyers of Sacramento, and SacLegal, Sacramento’s LGBTQ+ Bar Association. The U.S. Attorney’s Office leads Hate Crimes Task Forces in Sacramento and Fresno that bring together federal, state, and local law enforcement with community partners to address and combat hate crimes.
“Hate-based violence is a serious crime that destroys communities, and preventing these crimes is a top department priority,” said U.S. Attorney Phillip A. Talbert. “The U.S. Attorney’s Office, along with our community and law enforcement partners, will continue to shine a light on the impact of these crimes and work with our partners to stand united against hate.”
The film’s director, Patrice O’Neill said, “Not In Our Town is honored to partner with the U.S. Attorney's Office and leading organizations in the Sacramento area for this first screening of “Repairing the World” in Central California. The Pittsburgh community presents powerful lessons about how we can build alliances in our cities and towns that will help us become stronger than hate.”
Learn more about this important film here: https://repairingtheworldfilm.org/.
Tehachapi Man Arrested for Fraud and Identity Theft OffensesRead the Press Release
FRESNO, Calif. — On May 25, 2023, a federal grand jury returned a 15-count indictment against Blake Wayne Reed, 27, of Tehachapi, charging him with bank fraud, use and possession of unauthorized debit and credit cards, aggravated identity theft, possession of stolen mail, and unauthorized possession of a Postal Service key, U.S. Attorney Phillip A. Talbert announced. The indictment was unsealed following his arrest today.
According to court documents, from August 2020 to April 2021, Reed obtained hundreds of pieces of stolen mail that included at least 130 checks and 30 debit cards or credit cards belonging to other individuals and businesses. Reed then altered and forged signatures on the stolen checks and used stolen debit cards to deposit the checks into victims’ bank accounts and into his own bank account. He then made cash withdrawals from the inflated accounts. He also used victims’ stolen debit cards to make cash withdrawals from their accounts. Reed’s scheme caused more than $40,000 in fraudulent transactions to be made on the victims’ bank accounts, debit cards, and credit cards.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Brittany M. Gunter and Joseph D. Barton are prosecuting the case.
If convicted, Reed faces a maximum statutory penalty of 30 years in prison and a fine of up to $1 million for each of the bank fraud charges, a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for use and possession of unauthorized debit and credit cards and unauthorized possession of a Postal Service key, a maximum statutory penalty of five years in prison and a fine of up to $250,000 for the possession of stolen mail charge, and a mandatory two-year sentence consecutive to other counts and a fine of up to $250,000 for the aggravated identity theft charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Vallejo Man Pleads Guilty to Stealing Money from U.S. Postal Service TruckRead the Press Release
SACRAMENTO, Calif. — Former U.S. Postal Service employee Edison Small, 42, of Vallejo, pleaded guilty today to theft of government property, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on May 24, 2022, Small climbed inside a trailer that a USPS truck was towing in Vallejo while the truck was stopped at a red light. The trailer is used to transport money and mail. Once inside, Small grabbed a bag and hid it under his shirt. When the truck drove down the street, Small hopped out of the trailer. The bag contained $17,460 in cash, $1,300 in money orders, and $504 in checks. During a search of Small’s apartment, $15,240 was found.
This case is the product of an investigation by the U.S. Postal Inspection Service with assistance from the Federal Bureau of Investigation. Assistant U.S. Attorney Nicholas M. Fogg is prosecuting the case.
Small is scheduled to be sentenced by U.S. District Judge Daniel J. Calabretta on Sept. 7, 2023. Small faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Stockton Methamphetamine Trafficker Sentenced to 9 Years in Prison for Selling Methamphetamine through FacebookRead the Press Release
SACRAMENTO, Calif. — Eliyen Alejandro Alarcon-Flores, 31, of Stockton, was sentenced today by U.S. District Judge Troy L. Nunley to nine years in prison for conspiracy to distribute methamphetamine, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Alarcon-Flores was a methamphetamine trafficker based in Stockton who sold up to 30 pounds of methamphetamine at a time. In 2021, an undercover officer arranged to purchase methamphetamine from a Facebook account that Alarcon-Flores had set up under a fake name. After law enforcement had identified Alarcon-Flores’s distribution network, officers arrested Alarcon-Flores and searched his house. During the search, officers seized 13 pounds of methamphetamine.
This case was the product of an investigation by the Drug Enforcement Administration with assistance from the San Joaquin County Metropolitan Narcotics Task Force (METRO), the Stockton Police Department, and the U.S. Marshals Service. Assistant U.S. Attorney Justin Lee prosecuted the case.
On June 9, 2022, co-defendant Juan Jose Valenzuela-Bustamante was sentenced to 10 years in prison.
Mexican National Living in Sacramento Indicted on Fentanyl ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment today against Luis Enrique Vasquez-Lopez, 45, a Mexican national living in Sacramento, charging him with distribution of fentanyl, possession with intent to distribute fentanyl, and possession with intent to distribute heroin, U.S. Attorney Phillip A. Talbert announced.
According to court documents, from December 2022 to April 2023, Vasquez-Lopez sold a confidential source at least 40 grams of fentanyl on four occasions. During the investigation, agents identified two privately owned rural properties that Vasquez-Lopez was utilizing to store his drugs. On May 22, 2023, Vasquez-Lopez was arrested and found to be in possession of a kilogram of fentanyl, heroin, and a firearm.
This case is the product of an investigation by the Drug Enforcement Administration with assistance from the Butte Interagency Narcotics Task Force and the California Highway Patrol. Assistant U.S. Attorney Alstyn Bennett is prosecuting the case.
If convicted, Vasquez-Lopez faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.
Los Angeles County Man Pleads Guilty to Child Exploitation Conspiracy with Yuba County ManRead the Press Release
SACRAMENTO, Calif. — Pedro Luis Millan, aka Peter Millan, 37, of Montebello, pleaded guilty today to conspiracy to sexually exploit a child, U.S. Attorney Phillip A. Talbert announced.
According to court documents, in May 2021, Millan conspired with Brent Hooton, 50, of Marysville, to produce an image of a child under the age of 12 engaged in sexually explicit conduct. Hooton produced the image and then sent it to Millan and other users over the Kik messaging app. Millan received that image, as well as additional pornographic images of the same child victim, from Hooton over the Kik app.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Denise N. Yasinow is prosecuting the case.
Millan is scheduled to be sentenced on Sept. 7, 2023, by U.S. District Judge Daniel J. Calabretta. Millan faces a mandatory minimum sentence of 15 years in prison and a maximum statutory penalty of 30 years in prison. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
On May 30, 2023, Hooton pleaded guilty today to sexual exploitation of a child and distribution of child pornography and is scheduled to be sentenced on Sept. 12, 2023, by U.S. District Judge Dale A. Drozd.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
Korean National Sentenced to 2 Years and 9 months in Prison for “Bust Out” Bank Fraud Scheme in Sacramento Area and ElsewhereRead the Press Release
SACRAMENTO, Calif. — Hee Soung Oh, 47, a Korean national residing in Southern California, was sentenced today to two years and nine months in prison for bank fraud and bank fraud conspiracy, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between January 2017 and September 2017, Oh participated in a nationwide check kiting “bust out” scheme in order to obtain cash from banks. The scheme’s participants obtained a real Republic of Korea passport that was altered to bear a new photograph and name, which they used to open bank accounts with a small amount of cash. The accounts were dormant until a time the participants believed the bank would allow the account holder to deposit a check and make withdrawals before the check actually cleared. At that time, the participants wrote checks from a different bank account with non-sufficient funds, deposited those checks into the dormant account, and then withdrew cash from the dormant account before the checks cleared. The participants would access funds by purchasing a money order and then depositing the money order into yet another bank account associated with the scheme.
The bust-out scheme resulted in an actual loss of $273,800 to the banks, and a total intended loss of $466,318 based on additional, unsuccessful bust-out attempts.
This case was the product of an investigation by the IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant U.S. Attorney Audrey B. Hemesath prosecuted the case.
Korean nationals Jong Eun Lee, 48, and Kyung Min Kong, 55, were previously sentenced: Lee to 22 months in prison and Kong to seven years and nine months in prison. Charges are pending against Ki Jang and Bon Soke Hong, who were indicted on Oct. 21, 2021. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.