Eastern District of California

FRESNO, Calif. — Michael Shafer, 33, of Modesto, pleaded guilty today to conspiracy to distribute and possess with intent to distribute heroin and conspiracy to distribute and possess with intent to distribute marijuana, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Shafer was the Vice President of the Hells Angels Motorcycle Club in Modesto in 2019. As part of a years-long investigation into the Hells Angels Motorcycle Club, investigators obtained a court-authorized wiretap for Shafer’s phone. The wiretapped calls and messages showed that Shafer was conspiring to distribute marijuana and heroin. Specifically, in April 2019, Shafer conspired with a former Hells Angels member who was incarcerated in Pleasant Valley State Prison to smuggle heroin into prison.

This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Internal Revenue Service-Criminal Investigation, the Modesto Police Department, the Turlock Police Department, the Stanislaus County District Attorney’s Office, the California Department of Corrections and Rehabilitation, and the California Highway Patrol. Assistant U.S. Attorneys Ross Pearson and Laurel Montoya are prosecuting the case.

Shafer is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 22. Shafer faces a maximum statutory penalty of 40 years in prison, a mandatory minimum sentence of five years in prison, and a $5 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.

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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SACRAMENTO, Calif. — Filemon Padilla Martinez, 56, of Mexico, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to 10 years in prison for conspiring to manufacture marijuana and depredation of federal lands, Acting U.S. Attorney Phillip A. Talbert announced.

Judge England also ordered Padilla Martinez to pay $24,778 in restitution.

According to court documents, Padilla Martinez conspired with three co-defendants to grow marijuana in the Tomhead Mountain area in Shasta-Trinity National Forest. Padilla Martinez recruited, trained, and supplied two of these co-defendants, whom he left to live and work on the site while he stayed either at a nearby stash house or at his residence in Ione, California. The marijuana grow on Tomhead Mountain consisted of 1,054 marijuana plants.

This case is the product of an investigation by the U.S. Forest Service, the Tehama County Sheriff’s Department, and the California Department of Fish and Wildlife with assistance from the Amador County Sheriff’s Office and the California Department of Justice. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.

Oscar Francisco-Diego and Francisco Gomez Sanchez, two of Padilla Martinez’s co-defendants, have been previously sentenced for their role in the conspiracy. Timothy Charles Wilson, the remaining co-defendant, is currently pending trial. The charges against Wilson are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.

FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Jose Jesus Torres Garcia, 30, of Fresno, charging him with possessing fentanyl with intent to distribute it and possessing a firearm in furtherance of that drug trafficking offense, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on a Facebook Messenger group page dedicated to narcotics trafficking, Torres Garcia advertised the sale of narcotics, including counterfeit oxycodone pills stamped with an “M” on one side and a “30” on the other. On July 8, 2021, investigators executed a federal search warrant at Torres Garcia’s residence and seized several controlled substances, including the “M” “30” fentanyl pills, as well as a loaded, short-barreled AR-15 rifle with an extended magazine attached.

This case is the product of an investigation 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 the case.

If convicted, Torres Garcia faces a maximum statutory penalty of life in prison and a $1 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 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.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

A California man was sentenced today to 63 months, or more than five years, in prison for his role in a scheme to illegally export integrated circuits with military applications to China the required filing of electronic export information. As part of his sentence, the Judge ordered Shih to pay $362,698 in restitution to the IRS and fined him $300,000.

Yi-Chi Shih, 66, of Hollywood Hills, was convicted on July 2, 2019, to one count of conspiracy to violate the International Emergency Economic Powers Act (IEEPA) and the Export Administration Regulations (EAR). Shih also was convicted of four counts of mail fraud, two counts of wire fraud, one count of conspiracy to gain unauthorized access to a protected computer to obtain information, one count of making false statements to an FBI agent, three counts of subscribing to a false tax return, and four counts of making false statements to the IRS about his foreign assets.

According to court documents, Shih defrauded a U.S. company that manufactured broadband, high-powered semiconductor chips known as monolithic microwave integrated circuits (MMICs) out of its confidential and proprietary business information that was part of its MMIC manufacturing services, according to trial evidence. As part of the scheme, Shih accessed the victim company’s web portal after obtaining that access through an associate who posed as a domestic customer seeking to obtain custom-designed MMICs that would be used solely in the United States. In this way, Shih concealed his true intent to export the U.S. company’s MMICs to the People’s Republic of China.

The victim company’s semiconductor chips have several commercial and military applications. MMICs are used in missiles, missile guidance systems, fighter jets, electronic warfare, electronic warfare countermeasures and radar applications. The MMICs Shih exported to China were intended for AVIC 607, a state-owned entity in the PRC.

Shih was the President of Chengdu GaStone Technology Company (CGTC), a Chinese company that was building a MMIC manufacturing facility in Chengdu. In 2014, CGTC was placed on the Commerce Department’s Entity List, according to court documents, “due to its involvement in activities contrary to the national security and foreign policy interest of the United States – specifically, that it had been involved in the illicit procurement of commodities and items for unauthorized military end use in China.”

Shih used a Hollywood Hills-based company he controlled – Pullman Lane Productions, LLC – to funnel funds provided by Chinese entities to finance the manufacturing of the MMICs by the victim company. Pullman Lane received financing from a Beijing-based company that was placed on the Entity List the same day as CGTC “on the basis of its involvement in activities contrary to the national security and foreign policy interests of the United States,” according to court documents.

Shih’s associate, Kiet Mai, pleaded guilty in December 2018 to one felony count of smuggling and was sentenced to 18 months’ probation and a $5,000 fine.

Acting Assistant Attorney General Mark Lesko of the Justice Department’s National Security Division and Acting U.S. Attorney Tracy Wilkison for the Central District of California made the announcement.

The FBI, the U.S. Department of Commerce’s Bureau of Industry and Security Office of Export Enforcement, and IRS Criminal Investigation investigated the case, with valuable assistance provided by the Royal Canadian Mounted Police.

Assistant U.S. Attorneys Judith A. Heinz, Melanie Sartoris, Khaldoun Shobaki, William M. Rollins, James C. Hughes and Daniel G. Boyle of the Central District of California prosecuted the case with assistance from Elizabeth Cannon, Deputy Chief of the National Security Division’s Counterintelligence and Export Control Section.

SACRAMENTO, Calif. — The U.S. Department of Justice today launched five cross-jurisdictional strike forces to help reduce gun violence by disrupting illegal firearms trafficking in key regions across the country. Leveraging existing resources, the regional strike forces will better ensure sustained and focused coordination across jurisdictions and help stem the supply of illegally trafficked firearms from source cities, through other communities, and into five key market regions: New York, Chicago, Los Angeles, the San Francisco Bay Area/Sacramento Region and Washington, D.C.

Each strike force region will be led by designated United States Attorneys, who will collaborate with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and with state and local law enforcement partners within their own jurisdiction (where firearms are used in crimes) as well as law enforcement partners in areas where illegally trafficked guns originate. These officials will use the latest data, evidence, and intelligence from crime scenes to identify patterns, leads, and potential suspects in violent gun crimes.

“All too often, guns found at crime scenes come from hundreds or even thousands of miles away. We are redoubling our efforts as ATF works with law enforcement to track the movement of illegal firearms used in violent crimes. These strike forces enable sustained coordination across multiple jurisdictions to help disrupt the worst gun trafficking corridors,” said Attorney General Merrick B. Garland. “The Department of Justice will use all of its tools – enforcement, prevention, intervention, and investment – to help ensure the safety of our communities – the department’s highest priority.”

According to gun trace data, a significant number of firearms recovered in the Eastern District of California originate from other parts of the state and from other states including Nevada and Arizona and are illegally trafficked into the district. The new strike force, which will be co-led by Acting U.S. Attorney Phillip A. Talbert, Eastern District of California, and Acting U.S. Attorney Stephanie Hinds, Northern District of California, will help ensure sustained and focused coordination between law enforcement and prosecutors in the region with their counterparts in locations where many of the firearms originate.

“Because many of the firearm source locations in the Eastern District of California overlap with the source locations for firearms recovered in other parts of California, the San Francisco Bay Area/Sacramento Region Strike Force will work closely with the Los Angeles Strike Force,” Acting U.S. Attorney Talbert said. “With our law enforcement partners, we will work to stem the flow of illegally trafficked guns that end up in the hands of criminals who use them to commit violent crimes.”

The strike forces represent one important, concrete step in implementing the Department’s Comprehensive Violent Crime Reduction Strategy, which was announced on May 26, 2021. The comprehensive strategy supports local communities in preventing, investigating, and prosecuting gun violence and other violent crime—and requires U.S. Attorneys’ offices to work with federal, state, local and tribal law enforcement, as well as the communities they serve, to address the most significant drivers of violence in their districts. In guidance to federal agents and prosecutors as part of that comprehensive strategy, the Deputy Attorney General made clear that firearms traffickers providing weapons to violent offenders are an enforcement priority across the country.

Department of Justice Efforts to Address Violent Crime

Since April 2021, the Department has taken the following steps to reduce and prevent violent crime, especially the gun crime that is often at the core of the problem:

• April 8, 2021 – Attorney General Garland, alongside President Biden, announced four concrete steps for addressing gun violence: ATF would propose a new rule within 30 days to help curb the proliferation of so-called ghost guns, ATF would propose a new rule within 60 days on stabilizing braces used to convert pistols into short-barreled rifles, the Department would publish model state extreme risk protection order legislation within 60 days; and ATF would begin preparing a thorough and detailed new public study of firearms trafficking for the first time in 20 years.
• In April 2021, the Office of Justice Programs also made clear when existing grant funds could be used to support Community Violence Intervention (CVI) programs.
• On May 7, 2021, meeting the Attorney General’s announced timeline, ATF issued a notice of proposed rulemaking to update outdated firearms definitions and to help address the proliferation of ghost guns.
• May 26, 2021, the Attorney General announced the Department’s comprehensive strategy to reduce violent crime, including an overall Department Violent Crime Reduction Strategy, the strengthening of Project Safe Neighborhoods (PSN), and a directive to the U.S. Attorneys to work with their local partners in addressing the increase in violence that typically occurs over the summer (with specific support from DOJ law enforcement agencies)
• On June 7, meeting the Attorney General’s announced timeline, ATF issued a notice of proposed rulemaking to clarify that the restrictions imposed by the National Firearms Act apply when stabilizing braces are used to convert pistols into short-barreled rifles.
• On June 8, meeting the Attorney General’s announced timeline, the Department published model state extreme risk protection order legislation.
• On June 22, 2021, the Attorney General announced that the Department would be forming five Firearms Trafficking Strike Forces within 30 days.
• On, June 23, 2021, the Attorney General, alongside President Biden, announced steps that ATF would take to hold rogue gun dealers accountable for their actions. They include applying a “no tolerance” policy for federal firearms licensers (FFLs) that willfully commit violations that endanger public safety; designating points of contact for state and local government officials to report concerns about rogue FFLs; formalizing the use of public safety factors for inspection prioritization; sharing inspection information with states that regulate firearms dealers themselves; resuming the practice of notifying revoked dealers on how to dispose of their inventory and the potential criminal consequences of continuing to engage in the business; increasing ATF’s resources for inspections (see, FY 2022 Budget request); and publicly posting disaggregated inspection information to ATF’s website.

FRESNO, Calif. — On Thursday, July 15, a grand jury returned an indictment against three defendants for a scheme to submit over $1.4 million in fraudulent unemployment insurance claims in other inmates’ identities to the California Employment Development Department (EDD), Acting U.S. Attorney Phillip A. Talbert announced.

The indictment charges Daryol Richmond, 30; Telvin Breaux, 29; and Holly White, 30, with conspiracy to commit mail fraud and aggravated identity theft. Richmond and Breaux are inmates at the Kern Valley State Prison and California Correctional Institute, respectively. White resides in Los Angeles. The indictment was unsealed today following White’s arrest.

According to court documents, the underlying applications for the claims falsely stated that the inmates worked within the prescribed period as clothing merchants, handymen, and other jobs, and were available to work. To avoid detection, the defendants created fictitious email accounts and used different physical addresses throughout Southern California for the fraudulent claims. In some cases, they paid family members and associates up to $1,000 to use their physical addresses. The actual loss to the EDD and United States is over $270,000.

This case is the product of an investigation by the FBI and EDD. Assistant U.S. Attorneys Joseph Barton and Melanie Alsworth are prosecuting the case.

If convicted of the conspiracy to commit mail fraud, the defendants each face a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. If convicted of the aggravated identity theft, they each face a mandatory two-year consecutive sentence. Any sentence, however, would be determined at the discretion of the court after considering any applicable statutory factors and the Federal Sentencing Guidelines, which take into account several variables. The charges are only allegations and the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.

SACRAMENTO, Calif. — Kevin Blaine Cline, 47, of Fairfield, pleaded guilty today to attempted online coercion of a child, Acting U.S. Attorney Phillip A. Talbert announced.

According to the criminal complaint, on Nov. 1, 2019, an undercover agent observed Cline’s post on the social media platform Whisper that said he was “Looking for dad’s (sic) who love their daughters near me I … Have a question.” The notation at the bottom of Cline’s post said, “Freaky Sexual Desires.” The undercover agent, posing as a dad, engaged in a two-day conversation on Whisper with Cline, and Cline sent the agent two images of child pornography. Cline planned a meeting with the “dad” and “daughter” in order to sexually molest her. Cline then drove from Fairfield to Pleasant Hill to meet up with what he believed to be a seven‑year-old girl. When Cline arrived, however, he was placed under arrest.

The factual basis of the plea agreement contains a description of the sexual activity that Cline wanted to engage in with the seven-year-old girl, as well as sexual acts he planned to perform with a 10-year-old girl in Washington state.

This case is the product of an investigation by the Silicon Valley Internet Crimes Against Children Task Force (SVICAC) a federally and state-funded task force with agents from federal, state, and local agencies that investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. The Contra Costa District Attorney’s Office and Homeland Security Investigations conducted the investigation as part of the SVIAC. Assistant U.S. Attorney Christina McCall is prosecuting the case.

Cline is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on Oct. 18, 2021. Cline faces a mandatory minimum penalty of 10 years in prison and a maximum statutory penalty of life 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.

SACRAMENTO, Calif. — Orel Gohar, 30, formerly of San Francisco, was sentenced Tuesday by U.S. District Judge John A. Mendez to two and a half years in prison for conducting an illegal gambling business, conspiracy to commit money laundering, and failure to appear, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Gohar participated in operating an organization that installed and maintained illegal video slot machines at businesses open to the public across Northern California. Gohar also participated in two different conspiracies to launder the proceeds of the lucrative gambling business through co-defendants’ other businesses. In total, Gohar participated in laundering at least $650,000.

Court documents also detail Gohar’s escape from the United States by charter jet through Mexico, France, and Israel. Gohar was first arrested on Dec. 8, 2017, in connection with his initial charges and granted pretrial release. On Jan. 8, 2018, he failed to appear in federal court for a hearing, and he remained a fugitive for nearly two years until his arrest in Israel in December 2019.

This case was the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice – Bureau of Gambling Control. Assistance was provided by the Department of Justice’s Office of International Affairs and Israeli authorities. Assistant U.S. Attorneys Miriam R. Hinman and Mira Chernick prosecuted the case.

Gohar is the last of eight defendants to be sentenced in connection with the illegal gambling and money laundering schemes. May Levy was sentenced on Aug. 10, 2018, to probation and a $2,000 fine; Atir Dadon was sentenced on June 14, 2019, to one year and 10 months in prison and a $10,000 fine; Bar Shani was sentenced on July 12, 2019, to one year and eight months in prison and a $10,000 fine; Adam Atari was sentenced on Sept. 6, 2019, to two years and seven months in prison; Yaniv Gohar was sentenced on Dec. 20, 2019, to three years and nine months in prison; Raz Razla was sentenced on Oct. 6, 2020, to probation and a $5,500 fine; and Eran Buhbut was sentenced on Jan. 12, 2021, to probation and a $4,000 fine.

SACRAMENTO, Calif. — Matthew Keys, 34, of Vacaville, was sentenced today for violating the terms of his supervised release, Acting U.S. Attorney Phillip A. Talbert announced.

U.S. District Judge Kimberly J. Mueller ordered Keys to serve an additional six months in prison to be followed by 18 months of supervision with specific computer monitoring conditions.

Keys was originally indicted in 2013 on charges related to a scheme that resulted in unauthorized changes to an article on the Los Angeles Times website. The government also suspected Keys had sent threatening emails to employees at KTXL FOX40 where he used to work. Keys later confessed to sending the emails and to his role in changing the Los Angeles Times article. After a jury trial to resolve other disputes, such as the amount of the losses the Los Angeles Times suffered, Keys was convicted on all three counts of the superseding indictment. He was sentenced to two years in prison and two years of supervised release.

After Keys completed his prison sentence, he began working as the digital editor at Comstock’s Magazine in Sacramento. Keys wrote stories for Comstock’s and managed its website and social media accounts, including a YouTube channel. The magazine published videos on YouTube, and it used embedded links to YouTube videos in stories published on its own website. Keys resigned abruptly in late January 2020, a little less than a year after he started and about three months before his term of supervised release was set to expire.

In February 2020, an employee at Comstock’s Magazine discovered that a password to the Google account associated with the magazine’s YouTube account no longer functioned. Shortly thereafter, the employee found that links associated with videos on the YouTube account were broken. Comstock’s employees found that the videos had been deleted from the YouTube channel, along with nearly 700 subscriptions to the channel. The magazine then contacted federal prosecutors and the FBI with its suspicions that Keys was responsible.

The U.S. Probation Office, who was supervising Keys, investigated the deletion of the videos with the assistance of the FBI. Among other evidence, the investigation showed that Keys searched Google for the term “how to delete youtube channel” and then executed a command to delete the Comstock’s YouTube channel on Feb. 10, 2020.

On April 20, 2021, after an evidentiary hearing, Judge Mueller found that Keys violated his term of supervised release by committing new crimes: knowingly causing the transmission of command causing damage to a protected computer, and unauthorized destruction of data.

“Businesses and individuals are already struggling against threats to the integrity of their data from hackers and data thieves,” Acting U.S. Attorney Talbert said. “They should not also have to worry about data destruction from former employees seeking retribution. Federal law enforcement will vigorously investigate malicious data-deletion with all available tools.”

Assistant U.S. Attorneys Paul Hemesath and Matthew D. Segal prosecuted the case.

SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment Thursday against Balbino Sablad, 79, of Vallejo, charging him with traveling with the intent to engage in illicit sexual conduct and conspiring to do the same, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in 2019, Sablad flew to the Philippines with the intention of engaging in sexual conduct with a child under the age of 16. Sablad had engaged in sexual chats with the intended victim over Facebook and had sent her at least $1,800 prior to his travel to the Philippines. He had also discussed with a co-conspirator his plan to sexually abuse the victim in the Philippines.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Mira Chernick is prosecuting the case.

Sablad was arrested on July 1, 2021.

If convicted, Sablad faces a maximum statutory penalty of 30 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 www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Fresno residents David Garcia, 31; Luis Perez, 34; and Gerardo Perez, 48, charging them with conspiracy to distribute and to possess with the intent to distribute 500 grams or more of cocaine and methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.

Garcia was charged in three additional counts: one count of distributing cocaine and methamphetamine, one count of distributing cocaine, and one count of being a felon in possession of a firearm.

According to court documents, between April 2020 and May 2021, the defendants worked together to distribute more than 500 grams of cocaine, some of which was adulterated with methamphetamine.

This case is the product of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Marshals Service, the Fresno Police Department, the Fresno County Sheriff’s Office, the Tulare County Sheriff’s Department, the Multi-Agency Gang Enforcement Consortium, and the Fresno County District Attorney’s Office. Assistant U.S. Attorney Katherine E. Schuh is prosecuting the case.

If convicted, each defendant faces a mandatory minimum sentence of 10 years in prison and 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.

SACRAMENTO, Calif. — Akop Atoyan, 48, of Glendale, pleaded guilty today to one count of conspiracy to commit health care fraud and one count of conspiracy to pay and receive health care kickbacks, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Atoyan and his wife, Liana Karapetyan, owned and controlled home health care and hospice agencies in the greater Sacramento area: ANG Health Care Inc., Excel Home Healthcare Inc., and Excel Hospice Inc. On behalf of the agencies, Atoyan and Karapetyan certified to Medicare that they would not pay kickbacks in exchange for Medicare beneficiary referrals to the agencies.

Despite their certifications, from at least July 2015 through April 2019, Atoyan and Karapetyan paid and directed others to pay kickbacks to multiple individuals for beneficiary referrals, including employees of health care facilities, as well as employees’ spouses. The kickback recipients included John Eby, a registered nurse who worked for a hospital in Sacramento; Anita Vijay, the director of social services at a skilled nursing and assisted living facility in Sacramento; Jai Vijay, Anita Vijay’s husband; and Mariela Panganiban, the director of social services at a skilled nursing facility in Roseville.

In total, Atoyan, Karapetyan, and others caused the agencies to submit over 8,000 claims to Medicare for the cost of home health care and hospice services. Based on those claims, Medicare paid the agencies approximately $31 million. Of that amount, Medicare paid the agencies over $2 million for services purportedly provided to beneficiaries, but these beneficiaries were referred in exchange for kickbacks paid to, among others, Eby, Anita Vijay, Jai Vijay, and Panganiban. Because the agencies obtained the beneficiary referrals by paying kickbacks, the agencies should not have received any Medicare reimbursement.

This case is a product of an investigation by the Federal Bureau of Investigation and the U.S. Department of Health and Human Services’ Office of Inspector General. Assistant U.S. Attorney Matthew Thuesen is prosecuting the case.

As part of his guilty plea, Atoyan agreed to pay $2,525,363 in restitution to the U.S. Department of Health and Human Services. He also agreed to forfeit that same amount to the United States.

U.S. District Judge Morrison C. England Jr. is scheduled to sentence Atoyan on Oct. 7, 2021. Atoyan faces maximum statutory penalties of 10 years in prison for the health care fraud conspiracy charge and five years in prison for the kickback conspiracy charge. He also faces a maximum fine of $250,000 or twice the gross gain or loss for each charge. 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.

In separate cases, Karapetyan, Eby, Jai Vijay, Anita Vijay, and Panganiban pleaded guilty for their roles in the kickback scheme. They await sentencing.

FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Earnest Donte Ruff, 23, of Fresno, charging him with possessing ammunition after being convicted of a felony offense, Acting 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. Ruff has four convictions for illegally possessing firearms or ammunition.

This case is the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department Multi-Agency Gang Enforcement Consortium. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.

If convicted, Ruff faces a maximum statutory penalty of 10 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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Andres Nunez, 23, of Fresno, charging him with distribution of fentanyl to a person under 21 years old and possession of a firearm in furtherance of a drug trafficking crime, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Feb. 9, 2021, Nunez delivered a substance containing fentanyl to a person under 21 years of age. In June 2021, agents executed a search warrant at Nunez’s residence. In his bedroom, they found approximately 13 firearms, including a “ghost gun,” a Glock-style handgun with no serial number. Attached to the gun was an “auto-sear,” a device that attaches to a firearm enabling it function as a machine gun. Agents also found two additional “auto-sears,” a digital scale, packaging materials, a vacuum sealer, and four clear plastic bags, each containing approximately 1 pound of processed marijuana.

This case is the product of an investigation 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 the case.

If convicted, Nunez faces a maximum statutory penalty of life in prison and a $2 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 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.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — Jason Vertz, 51, of Fresno, and Alana Powers, 45, an inmate at the Central California Women’s Facility (CCWF) in Chowchilla, were each sentenced today by U.S. District Judge Dale A. Drozd to five years and one month in prison for conspiracy to commit mail fraud and aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Vertz and Powers submitted several fraudulent unemployment insurance claims in Powers’ and other CCWF inmates’ names to the California Employment Development Department (EDD). Recorded jail calls and emails show that Powers and other inmates provided names, dates of birth, and social security numbers for inmates at CCWF to Vertz to submit the fraudulent claims. Shortly thereafter, the benefits were loaded onto debit cards that were mailed to the addresses the defendants provided.

The underlying applications for the claims stated that the inmates had worked within the prescribed period as maids, cleaners, fabrication welders, and other occupations, and that they were available to work, which was not true because they were incarcerated. The claims would have been denied if accurate answers had been given. EDD and the United States have suffered an actual loss of over $74,000 as a result of the fraud.

This case was the product of an investigation by the FBI, the California Department of Corrections and Rehabilitation Investigative Services Unit, and the California EDD. Assistant U.S. Attorneys Alexandre Dempsey and Joseph Barton are prosecuting the case.

On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.

Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.

SACRAMENTO, Calif. — Pedro Alvarez-Alcazar, 28, a citizen of Mexico, was sentenced today by U.S. District Judge Kimberly J. Mueller to five years in prison for conspiracy to manufacture marijuana, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, after a nearly three-month investigation on Aug. 21, 2018, law enforcement agents raided a marijuana-cultivation site in the Shiell Gulch area of the Shasta-Trinity National Forest. Officers apprehended Alcazar-Alvarez at the site after he tried to draw a sheathed knife while struggling with the officer attempting to detain him. Co-defendants Fidencio Palacios-Riano, 22, and Romualdo Palacios-Hernandez, 38, both citizens of Mexico, were also apprehended at the site. Co-defendants Jesus Manzo Canela, 28, a citizen of Mexico; Jose Jesus Suarez Villa, 35, a citizen of Mexico; Joseph William Manzo, 32, of Sacramento; and Francisco Jesus Maldonado, 25, of Denair, were apprehended in a vehicle that had just visited the site. While at the site, officers observed bags being loaded into the trunk of the vehicle, and later found the trunk contained garbage bags holding 84 one-pound bags of processed marijuana. Agents eradicated 6,544 growing marijuana plants and seized another 500 pounds of processed marijuana at the site.

Alvarez-Alcazar is the sixth of seven defendants to be sentenced in connection with the marijuana grow. Romualdo Palacios-Hernandez was sentenced on Jan. 6, 2020 to two years and six months in prison; Jesus Manzo Canela was sentenced on Feb. 3, 2020 to three years and 10 months in prison; Fidencio Palacios-Riano was sentenced on Feb. 10, 2020 to two years and six months in prison; Jose Jesus Suarez Villa was sentenced on Feb. 10, 2020 to 17 months and 21 days in prison; and Joseph William Manzo was sentenced on March 2, 2020 to five years in prison. Francisco Jesus Maldonado is scheduled to be sentenced on Nov. 8, 2021.

This case is the product of an investigation by the U.S. Forest Service, the U.S. Bureau of Land Management, the Trinity County Sheriff’s Office, the California Department of Fish and Wildlife, and the Campaign Against Marijuana Planting (CAMP). Assistant U.S. Attorney Shelley Weger is prosecuting the case.

SACRAMENTO, Calif. — Sergey Tkachuk, 28, of North Highlands, was sentenced today by U.S. District Judge Kimberly J. Mueller to five years in prison for distribution of fentanyl, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in March 2016, Tkachuk obtained 40 pills bearing the mark “M367,” which indicated that the pill was a Lortab 10 or Norco. The pills were in fact counterfeit versions and contained fentanyl. Tkachuk then sold 16 of the pills to another person for $6 per pill, and that person subsequently died of an overdose.

On April 19, 2021, Tkachuk pleaded guilty to distribution of fentanyl. The plea agreement indicates that Tkachuk did not know that the pills were counterfeit.

“This case is another example of the extreme danger posed by pills that appear to be legitimate pharmaceutical products but actually contain fentanyl,” Acting U.S. Attorney Talbert said. “The public should be aware than any pill that did not come directly from a pharmacy as a result of a valid prescription could contain deadly quantities of fentanyl or other drugs. Counterfeit pills often look exactly like legitimate pills, but they have caused untold numbers of deaths as a result of what they actually contain. This sentence should be a message to anyone buying or selling illicitly obtained pills—not knowing that pills contain fentanyl is not an excuse from criminal liability and taking them could result in death.”

This case was the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Paul Hemesath prosecuted the case.

SACRAMENTO, Calif. — Damian Deleal, 33, of Carmichael, pleaded guilty Thursday to armed robbery of a U.S. mail carrier and bank fraud, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in March 2018, Deleal conspired with others, including Jacey Powell to rob a U.S. mail carrier of a postal service key that could open numerous residential cluster mailboxes in Sacramento County. Deleal conspired to obtain the key so he and his co-conspirators – including Jacey Powell, Brandon Moses, and Loren Patrick – could steal bankcards, checks, and other financial instruments from the mail.

On March 9, 2018, in South Sacramento, an unnamed co-conspirator robbed a mail carrier at gunpoint and forced the victim to hand over a postal service key. During the next few days, Deleal, Powell, Moses, and Patrick used the key to steal mailed bankcards and checks. They then attempted to use these items to purchase goods and obtain cash.

Powell and Deleal further conspired to claim reward money offered for information relating to the robbery and the stolen postal service key. In executing this plan, they planted the stolen key on Moses while he was sleeping in his car and called the U.S. Postal Service to report Moses’ location and inquire about the reward. After receiving this tip, investigators worked quickly to make arrests and learned that Deleal orchestrated the conspiracy and related crimes.

This case is the product of an investigation by the U.S. Postal Inspection Service, the Sacramento County Sheriff’s Department, and the Sacramento Police Department. Special Assistant U.S. Attorney Robert J. Artuz and Assistant U.S. Attorney Samuel Stefanki are prosecuting the case.

Deleal is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on Oct. 7, 2021. He faces a maximum statutory penalty of 25 years in prison and a $1 million fine for armed robbery, and a maximum statutory penalty of 30 years in prison and a $1 million fine for bank fraud. 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 consider a number of variables.

Moses, Patrick, and Powell have already pleaded guilty to federal charges and were sentenced in the following related cases in this district: U.S. v. Patrick, 2:18-cr-79-MCE, U.S. v. Moses, 2:18-cr-90‑MCE, and U.S. v. Powell, 2:18-cr-83-MCE.

FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Cesar Castro, 41, of Modesto, charging him with being a felon in possession of a firearm, and a one‑count indictment against Juan Dimas, 31, of Modesto, charging him with being a felon in possession of ammunition, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on June 1, Castro was arrested in Modesto in possession of a loaded firearm. On May 20, Dimas was arrested in Modesto after discarding a loaded firearm during a police chase. Both men are convicted felons prohibited from possessing firearms or ammunition, and both men were serving terms of post-release community supervision following firearms convictions at the time of their arrest on these charges.

This case is the product of an investigation by the Bureau of Alcohol Firearms, Tobacco and Explosives, the Stanislaus County District Attorney’s Office, and the Modesto Police Department. Assistant U.S. Attorney Katherine Schuh is prosecuting the case.

If convicted, Castro and Dimas each face a maximum statutory penalty of 10 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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — A federal grand jury returned a seven-count indictment today against Regino Garcia Jr., 20, and Anthony Martinez, 24, both of Tulare County, charging them with dealing firearms without a license, possession of an unregistered firearm, distribution of methamphetamine and possession of auto-sear devices, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Garcia and Martinez met with undercover officers and sold them a total of 14 firearms and 40 auto-sear devices for converting a firearm into a fully automatic weapon. One of the firearms sold was a short-barreled rifle. Additionally, they sold methamphetamine to the undercover officers on three occasions. Neither defendant had a license to deal firearms.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.

If convicted, both defendants face a maximum statutory penalty of 10 years to 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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Carlos Perez, 45, of Fresno, charging him with assault on a federal contractor, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on June 21, 2021, Perez assaulted a Court Security Officer inside the U.S. Federal Courthouse in Fresno by striking the officer in the face.

This case is the product of an investigation by the Federal Protective Services, the U.S. Marshals Service, and the Fresno Police Department. Assistant U.S. Attorney Katherine E. Schuh is prosecuting the case.

If convicted, Perez faces a maximum statutory penalty of eight 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.

FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Jesus Manuel Morfin Villa, 27, of Delano, charging him with distribution of methamphetamine and distribution of fentanyl, charging Omar Vayas Duran, 41, of Delano, with distribution of fentanyl, and charging both Villa and Duran with conspiracy to distribute and to possess with intent to distribute methamphetamine and fentanyl, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents over the course of 11 months, Villa distributed methamphetamine on one occasion, distributed fentanyl with Duran on another occasion, and distributed both methamphetamine and fentanyl on yet another occasion.

This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Laura Jean Berger is prosecuting the case.

If convicted, Villa and Duran 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.

SACRAMENTO, Calif. — Christopher Firle, 51, of Fairfield, pleaded guilty today to one count of wire fraud, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Firle was the Chief Financial Officer of a holding company that managed several vehicle dealerships. From January 2016 through September 2019, Firle misappropriated over $1.6 million from the company. He carried out his embezzlement scheme in multiple ways, including by using company credit cards to pay for over $750,000 in personal expenses. The unauthorized charges included tickets to sporting events and purchases at several retail stores, including Bergdorf Goodman, Chanel, Hermès, Nordstrom, and Tiffany & Co. Firle also initiated over 30 unauthorized wire transfers from the company to a family member. Those transfers totaled over $500,000. Additionally, Firle issued over 30 unauthorized company checks to himself that totaled over $165,000, and he withdrew over $50,000 from a company account without authorization. Finally, Firle issued himself excess bonus payments totaling almost $160,000.   

This case is a product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorney Matthew Thuesen is prosecuting the case.

As part of his guilty plea, Firle agreed to pay restitution of $1,937,706 to his former employer. He also agreed to forfeit $1,652,269.44 to the United States.

U.S. District Judge John A. Mendez is scheduled to sentence Firle on October 19, 2021. Firle faces a maximum statutory penalty of 20 years in prison and a $250,000 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.

SACRAMENTO, Calif. — Sabrina Raylene Toilolo, 26, of Corning, pleaded guilty today to conspiracy to commit wire fraud for her participation in a refund‑fraud scheme, Acting U.S. Attorney Phillip A. Talbert announced.

In June 2020, a federal grand jury returned a 14-count superseding indictment against her and her previously charged co-defendant Johnathon Ward, charging them with conspiracy to commit wire fraud, wire fraud, and aggravated identity theft.

According to court documents, between July 2017 and September 2019, Sabrina Toilolo, Johnathon Ward, Monica Nunes, and Talalima Toilolo conspired to defraud financial institutions using a scheme that exploited the merchant refund process used by businesses and retail establishments to refund customers for returns, reimbursements, and erroneous charges.

The defendants committed this scheme by stealing or purchasing point-of-sale (POS) terminals used by businesses to process bankcard transactions. The defendants programmed each terminal to make it appear as if it was authorized by a particular retail merchant, connected the terminals to payment processing intermediaries, and executed refund transactions even though no purchases had been made. The payment processors, falsely believing the terminals were authorized, approved the refunds and caused the merchants’ payment processors to transfer funds to the defendants’ fraudulent accounts. The defendants then drained the stolen funds from the accounts and distributed them among members of the conspiracy.

This case is the product of an investigation by the Regional Enforcement Allied Computer Team (REACT) Task Force, which includes investigators from the Santa Clara County District Attorney’s Office and the Federal Bureau of Investigation. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.

Sabrina Toilolo is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on September 23, 2021. She faces a maximum statutory penalty of 20 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.

On April 2, Nunes was sentenced to 12 and a half years in prison.  On February 11, Talalima Toilolo was sentenced to10 years in prison. Charges against Ward are pending. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.

FRESNO, Calif. —Antonio Castellanos, 38, of Whittier, pleaded guilty today to conspiring to distribute methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Castellanos, Genaro Serrato-Calles, aka Alejandro, aka Meno, 51; Antonio Valencia-Hernandez, aka Tito, 65, both of Modesto; and Jose Reyes-Pineda, 48, of Anaheim were charged with conspiring over a two-year period to distribute methamphetamine in Stanislaus and San Joaquin Counties. In pleading guilty, Castellanos admitted to working with individuals in Mexico to distribute methamphetamine in the United States and, on one occasion, arranging for the shipment of over 20 pounds of methamphetamine to Serrato-Calles.

Castellanos is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 18. Castellanos faces a statutory mandatory minimum prison term of 10 years and a maximum of life in prison, and a fine of 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.

A jury trial is set for Serrato-Calles, Valencia-Hernandez, and Reyes-Pineda for Sept. 8. They are presumed innocent until and unless proven guilty beyond a reasonable doubt.

This case is the product of an investigation by the Drug Enforcement Administration; the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force; the San Joaquin County Metropolitan Narcotics Task Force; the Stanislaus Drug Enforcement Agency; and the Orange County Sheriff’s Special Investigations Bureau. Assistant U.S. Attorney Karen 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.

FRESNO, Calif. — Luis Madrigal-Reyes, 37, a native and citizen of Mexico, pleaded guilty to conspiring to manufacture, distribute, and possess with intent to distribute marijuana, Acting U.S. Attorney Phillip A. Talbert announced. He also agreed to pay $45,057 in restitution to the U.S. Forest Service for the damage that the cultivation operation had on public land.

According to court documents, the cultivation operation contained 2,307 marijuana plants and was located in the Basin Creek drainage in the Dutch Oven Creek area of the Sierra National Forest. U.S. Forest Service agents saw Madrigal carrying fertilizers and bags of groceries into the grow site and later apprehended him after they chased him down the side of a mountain.

The cultivation operation caused extensive environmental damage to the area, which serves as the habitat for the Sierra Nevada yellow-legged frog, an endangered species and the California spotted owl, which is currently being considered for listing under the Endangered Species Act. Agents found toxic banned pesticides, which appeared to have been applied to the marijuana plants. The water from Dutch Oven Creek had also been diverted to irrigate the plants. Dutch Oven Creek is part of the Chiquito Creek watershed, which drains into the Fresno River before flowing into the San Joaquin River.

This case is the product of an investigation by the U.S. Forest Service, the California Department of Fish and Wildlife, the Campaign Against Marijuana Planting (CAMP) of the California Department of Justice, and the Madera County Sheriff’s Office. Assistance was provided by the Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.

Madrigal is scheduled for sentencing on Sept. 20. He faces a mandatory minimum statutory penalty of 10 years and a maximum 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.

Charges are pending against co-defendant, Lester Eduardo Cardenas Flores, 24, also a citizen of Mexico. He is presumed innocent until and unless proven guilty beyond a reasonable doubt.

SACRAMENTO, Calif. — Skilled nursing facility operator Plum Healthcare Group LLC and its entity Azalea Holdings LLC, dba McKinley Park Care Center have agreed to pay more than $451,439 to resolve allegations that they violated the False Claims Act, Acting U.S. Attorney Phillip A. Talbert announced today.

Specifically, Plum Healthcare Group agreed to resolve allegations that an employee at its McKinley Park Care Center knowingly created billing records for services that were not actually provided. According to the settlement agreement, Plum Healthcare Group then used these false records to bill Medicare, leading it to obtain Medicare reimbursements that were higher than warranted. The government also alleges that the management of Plum Healthcare Group learned of the extent of these false billings to Medicare, did not conduct an adequate investigation into this conduct, and then failed to submit a refund to Medicare for the full amount management knew had been overbilled or otherwise disclose its false billings to the government.

“Medicare participants who fail to voluntarily disclose fraud risk significant consequences,” said Acting U.S. Attorney Talbert. “As this settlement makes clear, knowingly retaining Medicare funds obtained by fraud is itself a violation of the law, and this office is committed to pursuing enforcement actions to remedy this conduct.”

“It’s unacceptable to stick taxpayers with a bill for health care services that were never provided and for health care executives to look the other way when these false claims were submitted to Medicare,” said Special Agent in Charge Steven J. Ryan of the U.S. Health and Human Services, Office of the Inspector General. “Working closely with our law enforcement partners, we will continue to protect the integrity of Federal health care programs and investigate false billing allegations.”

“The FBI is committed to working with our partners to identify and investigate fraud, especially when it defrauds taxpayer-funded programs,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “This settlement serves as a warning to Medicare participants to carefully audit and investigate records and billing to ensure their business operations are not in violation of federal law.”

The settlement with Plum Healthcare Group resolves allegations originally brought in a lawsuit filed by a former employee under the whistleblower provisions of the False Claims Act. The act permits private parties to sue on behalf of the government for false claims for government funds and to receive a share of any recovery. The whistleblower will receive over $90,000 as her share of the recovery from Plum Healthcare Group. The whistleblower’s claims for retaliation and attorneys’ fees are not resolved by this settlement.

This case was the result of an investigation by the HHS Office of the Inspector General, the Federal Bureau of Investigation, along with the U.S. Attorney’s Office for the Eastern District of California. Assistant U.S. Attorney Steven Tennyson handled the matter for the United States. The claims settled by this agreement are allegations only, and there has been no determination of liability.

SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Jacob Harding-Abeyta, 28, of Vallejo, charging him with being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Oct. 7, 2020, a parole search of Harding-Abeyta’s residence resulted in the discovery of a loaded .45-caliber Springfield XDS firearm in his bedroom. Harding-Abeyta is prohibited from possessing firearms or ammunition because he has prior felony convictions in Solano County for attempted murder in 2014 and vehicle theft in 2011.

This case is the product of an investigation by the Solano County Sheriff’s Office, 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. Attorneys Jason Hitt and Adrian T. Kinsella are prosecuting the case.

If convicted, Harding-Abeyta faces a maximum statutory penalty of 10 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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Steven Domingo, 37, of Stockton, charging him with being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Domingo was on federal probation at the time of the offense. The weapon he is accused of possessing is a Fabrique Nationale (FN) Herstal FNS-40, a .40‑caliber semi-automatic handgun. Domingo has been convicted of several felonies.

This case is the product of an investigation by the Stockton Police Department, the California Department of Corrections and Rehabilitation, and the San Joaquin County District Attorney’s Office. Assistant U.S. Attorney Michael W. Redding is prosecuting the case.

If convicted, Domingo faces a maximum statutory penalty of 10 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 also a collaboration with Operation Ceasefire. As part of Operation Ceasefire in the city of Stockton, the U.S. Attorney’s Office works closely with the San Joaquin County District Attorney’s Office and the Stockton Police Department to deliver on Ceasefire’s mission to establish a peaceful community by investigating and prosecuting members and associates of criminal groups who continue to commit serious and violent felonies in the city, including individuals who have previously been prosecuted for illegal gun and gang-related crimes.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

Calif. — A federal grand jury returned a 27-count indictment today against Carlos Villasenor, 38, of Placerville, charging him with possession of dogs for use in an animal fighting venture, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on June 17, 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. Many of the dogs also had untreated veterinary conditions. Numerous implements of the dog fighting trade were found on the property, including a breeding stand, treadmills, and veterinary supplies including skin staplers, antibiotics, syringes, and IV bags. Investigators also found paperwork indicating that Villasenor owned dogs used in dog fighting.

“This investigation and indictment should send a strong zero-tolerance message to those individuals who traffic in inflicting pain and suffering on animals,” said Patricia Contreras, Special Agent in Charge, U.S. Department of Agriculture-Office of Inspector General. “We appreciate the commitment of our federal partners in pursuing these purveyors of death who operate animal fighting ventures.”

This case is the product of an investigation by the U.S. Department of Agriculture. Assistant U.S. Attorney Mira Chernick is prosecuting the case.

If convicted, Villasenor faces a maximum statutory penalty of five years in prison and a $250,000 fine. He may also be ordered to pay restitution for the care and rehabilitation of the dogs. 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.

SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against former Sacramento resident, William A. Sassman, 53, now residing in Orange County, charging him with knowingly engaging in monetary transactions with criminally derived property, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, between October and December 2019, Sassman deposited checks totaling $325,000 into a bank account, knowing that the money was derived from a crime. The money originated from a wire fraud scheme, which is a specified unlawful activity under federal money laundering statutes.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Nirav Desai is prosecuting the case.

If convicted, Sassman faces a maximum statutory penalty of 10 years in prison and a fine of $250,000 or up to twice the amount of the laundered money. 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.

SACRAMENTO, Calif. — Johnnie Earl Ross III, 20, of Stockton, pleaded guilty today to conspiracy to deal firearms without a license and possession of an unregistered machine gun, Acting U.S. Attorney Phillip A. Talbert announced. 

According to court documents, between Oct. 10, 2019, and Oct. 22, 2020, Ross and his co‑conspirators sold at least 13 firearms to an undercover agent or confidential source on behalf of the Everybody Killa (EBK) street gang in Stockton. Many of the firearms were obtained out of state in Reno, Nevada, and some were obtained by a straw purchaser from federally licensed firearms dealers in Reno. One of the firearms was a Glock handgun with a switch that converted it to a fully automatic firearm.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and the San Joaquin County Sheriff’s Office. Assistant U.S. Attorney David W. Spencer is prosecuting the case.

Charges remain pending against co-defendant Vin Whealen Gaines Jr. He is in custody and scheduled for a status hearing on Aug. 24. The charges against Gaines are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.

Ross is scheduled to be sentenced by U.S. District Judge John A. Mendez on Sept. 28. Ross 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.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

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.

SACRAMENTO, Calif. — An indictment was unsealed following the arrest of an Acampo man Monday, Acting U.S. Attorney Phillip A. Talbert announced.

On June 10, a federal grand jury returned a six-count indictment against Robert Allen Pooley, 46, of Acampo, charging him with wire fraud and aggravated identity theft related to tandem parachuting courses.

According to court documents, in 2010, Pooley obtained ratings as a “tandem examiner” with the U.S. Parachute Association (USPA) and as a “tandem examiner” with Uninsured United Parachute Technologies LLC (UPT), a manufacturer of tandem parachute systems. He then began conducting training courses for candidates seeking to obtain their USPA Tandem Instructor rating and/or their certification to use UPT tandem parachute systems. He charged for these courses and conducted them at a skydiving business located in Acampo.

In August 2015, USPA and UPT suspended Pooley’s tandem examiner ratings and could no longer conduct the tandem instructor courses on his own. Nevertheless, he continued running USPA and UPT tandem instructor rating courses without authorization, and he concealed his suspensions from tandem instructor candidates. Pooley led students to believe they could obtain USPA and UPT tandem ratings through his courses, concealed the fact that he had been suspended, and helped students fill out USPA and UPT rating paperwork to further the impression that the students would legitimately get their tandem ratings through his courses.

As part of the scheme, Pooley used a digital image of the signature of another properly rated USPA and UPT tandem examiner to sign off on training that Pooley himself had conducted when the other tandem examiner was not even in the country. Pooley accepted numerous students in this manner in 2016 from around the world, including the Republic of Korea, Chile, New Zealand, and Mexico. Each student typically paid $1,000 to $1,600 total for these courses. On Aug. 6, 2016, one such student fell to his death in a tandem diving accident with a customer who also perished. After those deaths, numerous victims of Pooley’s scheme asked for their money back, but he did not repay them, and several students had to pay for entirely new tandem instructor courses at other locations.

This case is the product of an investigation by the Department of Transportation Office of Inspector General. Assistant U.S. Attorneys Christopher S. Hales and Katherine T. Lydon are prosecuting the case.

If convicted, Pooley faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of wire fraud, and a mandatory two year sentence on each count of aggravated identity theft. 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.

SACRAMENTO, Calif. — Robert Joseph Maher, 42, formerly of Stockton, was sentenced today by U.S. District Judge John A. Mendez to six years and three months in prison for mail fraud and aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, between November 2010 and February 2018, Maher participated in a scheme to defraud the State of California Employment Development Department (EDD) by filing fraudulent claims for unemployment insurance benefits. In furtherance of this scheme, Maher and his co-defendant, Michael Herron II, also of Stockton, created fictitious companies and fictitious employees by using the real identities of persons with and without their knowledge. They then filed claims with EDD, falsely stating that the employees had been laid-off or fired. The unemployment benefits were deposited onto debit cards that were mailed to addresses controlled by Maher, Herron, or their associates.

In one instance, Maher and Herron electronically filed an unemployment insurance claim in the name of an identity-theft victim. Maher knew that the victim was a real person because the claim listed the victim’s correct date of birth and social security number. The claim also listed Maher’s address in Stockton as the claimant’s address, which caused a bank to mail an EDD debit card in the victim’s name to Maher’s address. Maher and Herron then transferred the card’s benefits to Maher’s personal bank account. Maher and Herron also used the victim’s name to register another fictitious business entity that was used in the fraud scheme. In all, Maher and Herron filed at least 72 fraudulent claims for unemployment insurance benefits, seeking a total of $739,535, of which EDD paid out approximately $609,335. Judge Mendez ordered Maher to pay restitution to EDD in the amount of $609,335.

This case is the product of an investigation by the U.S. Department of Labor - Office of Inspector General, the Federal Bureau of Investigation, and the California Employment Development Department’s Investigation Division. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.

On March 26, 2019, Herron pleaded guilty to similar counts of mail fraud and aggravated identity theft and, on June 25, 2019, was sentenced to six years and three months in prison.

FRESNO, Calif. — Jose Mario Quintero Beltran, 31, of Bakersfield, pleaded guilty today to possessing with the intent to distribute fentanyl, cocaine, and methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on March 31, Quintero Beltran arranged to meet a customer at a Bakersfield shopping mall and sell him 20,000 counterfeit oxycodone pills containing fentanyl for $42,000. During their meeting, Quintero Beltran also offered to sell the customer methamphetamine. Afterwards, law enforcement officers searched Quintero Beltran’s vehicle and residence and located a total of 51,000 counterfeit oxycodone pills containing fentanyl, approximately 40 pounds of cocaine, and approximately 3 pounds of crystal and liquid methamphetamine, all of which Quintero Beltran intended to distribute to others.

This case is the product of an investigation by the Drug Enforcement Administration, Homeland Security Investigations, and the Kern County Sheriff’s Office. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.

Quintero Beltran is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Sept. 7. Quintero Beltran faces a mandatory minimum penalty of 10 years in prison and a maximum life sentence, and up to 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.

FRESNO, Calif. — A federal grand jury returned a one-count indictment Thursday against Richard Charles Thomas Jr., 38, of Merced, charging him with possession with intent to distribute methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Aug. 25, 2020, Thomas led law enforcement officers on a highspeed chase through the city of Merced. While fleeing police, Thomas threw a black bag from the vehicle. Officers recovered the bag, which contained approximately 839 grams of methamphetamine, $3,162 in cash, and personal effects belonging to Thomas.

This case is the product of an investigation by the Drug Enforcement Administration and the Merced Police Department. Assistant U.S. Attorney Jessica A. Massey is prosecuting the case.

If convicted, Thomas faces a mandatory minimum statutory penalty of 10 years 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 case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SACRAMENTO, Calif. — A federal grand jury returned a superseding indictment Thursday adding the charges of conspiracy to commit kidnapping and kidnapping to the previous charges of conspiracy to commit forced labor, forced labor, conspiracy to harbor aliens, and harboring aliens, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Nery A. Martinez Vasquez, 52, and his wife Maura N. Martinez, 52, both of Shasta Lake, were naturalized United States citizens, originally from Guatemala. They owned and operated Latino’s, a restaurant, and Redding Carpet Cleaning & Janitorial Services, a cleaning company that serviced various businesses, including multiple car dealerships, in the Shasta Lake area.

The original indictment alleges that between September 2016 and February 2018, the defendants conspired to bring a Guatemalan woman and her two minor daughters to the United States using temporary visitor visas, harbored them after their visas expired, and forced them to work long hours at a restaurant and cleaning service for minimal to no pay. The indictment further alleges that the defendants imposed a debt on the victims to prevent them from returning to Guatemala; subjected them to physical, psychological, and verbal abuse; threatened them with arrest; and separated the woman from her daughters, all to compel their labor.

In addition, according to the superseding indictment, in January 1997, the defendants conspired to kidnap a 13-year-old girl. They made promises to the girl’s parents that they would bring her back in a week and told the girl that they would give her presents and money. They then drove her from her home in Las Vegas to their home in Redding, California and held her against her will and the will of her parents for almost two years. They forced the girl to clean car dealerships and provide other labor, working long hours seven days a week without pay. Nery A. Martinez Vasquez is also alleged to have routinely sexually molested and raped the girl.

This case is the product of an investigation by the Federal Bureau of Investigation. Civil Rights Division Trial Attorney Avner Shapiro and Assistant U.S. Attorneys Katherine T. Lydon and Tanya B. Syed are prosecuting the case.

If convicted of the forced labor charges, the defendants face a maximum statutory penalty of 20 years in prison and a $250,000 fine. If convicted of harboring an alien, the defendants face a maximum statutory penalty of 10 years in prison and a $250,000 fine. If convicted of the kidnapping charges, the defendants face 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.

SACRAMENTO, Calif. — A federal grand jury returned two indictments Thursday against a total of 17 defendants for conspiracy to distribute methamphetamine, heroin, and cocaine, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, between April 2019 and June 2020, agents seized more than 140 kilograms of methamphetamine, more than 500 grams of heroin, and $130,000 in cash.

The first indictment charges 12 defendants with conspiring to distribute and possess with the intent to distribute 500 grams or more of a mixture and substance containing methamphetamine and more than 100 grams of heroin. In furtherance of this conspiracy, the indictment also charges several defendants with possessing methamphetamine with the intent to distribute it. As well, each defendant is charged with using a cellphone in furtherance of the conspiracy. Charged in this indictment are: Antonio Mendoza Ramos, 42, of Bakersfield; Leopoldo Gonzalez Jr., 30, of Modesto; Victor Manuel Velazquez, 34, of Ceres; Erasmo Zarate Solorzano, 42, of Sacramento; Estela Acevedo, 60, of Las Vegas; Carlos Cano Manzo, 49, of Mexico; Diana Cervantes, 26, of Ceres; Jose Genaro Vargas-Ramirez, 19, of Des Moines, Iowa; Alma Adriana Mora Madrigal, 49, of Ontario; Alejandro Mora Madrigal, 51, of El Monte; Fernando Cardenas, 47, of Compton; and Humberto Pimentel Caranza, 27, of Modesto.

The second indictment charges Juan Zamora Torres, 59, of Turlock; Julio Mendoza Madrigal, 29, of Modesto; Robert Lewis McCommas, 45, of Idaho; Dorian Willes, 43, of Idaho; and Heather Romoser, 42, of Idaho. Torres is separately charged with several counts of distributing methamphetamine and heroin. Torres and Madrigal are charged with conspiring to distribute and possess with the intent to distribute methamphetamine. Madrigal, McCommas, Willes, and Romoser are charged with conspiring to distribute and possess with the intent to distribute methamphetamine and cocaine. Each defendant is also charged with using a cellphone in furtherance of the conspiracy.

These cases are the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, Homeland Security Investigations, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Forest Service, the U.S. Postal Inspection Service, the Bureau of Land Management, the California Department of Corrections and Rehabilitation, the California Highway Patrol, the Sacramento County Sheriff’s Office, the Stanislaus County Sheriff’s Office, the Ceres Police Department, the Modesto Police Department, the Merced Police Department, the Merced County Sheriff’s Office, the Los Angeles Impact, the Ada County Sheriff’s Office, the California Multi-Jurisdictional Methamphetamine Enforcement Team, the Central Valley Gang Impact Task Force, El Segundo High Intensity Drug Trafficking Area 48, the Los Angeles Inter-Agency Metropolitan Police Apprehension Crime Task Force, the Modesto Police Department, the Sacramento Area Intelligence Narcotics Team, the Tri-Area Drug Enforcement Narcotics Team, the Turlock Police Department, the Turlock Special Investigations Unit, the West Sacramento Police Department, the Woodland Police Department, the Yolo County District Attorney’s Office, and the Yolo County Sheriff’s Office. Assistant U.S. Attorneys Angela Scott and Michael W. Redding are 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 prosecution is part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. The Sacramento Strike Force is a co-located model that enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the Sacramento Strike Force is to identify, investigate, disrupt, and dismantle the most significant drug trafficking organizations (DTOs) and transnational criminal organizations (TCOs) shipping narcotics, firearms, and money through the Eastern District of California, thereby reducing the flow of these criminal resources in California and the rest of the United States. The Sacramento Strike Force leads intelligence-driven investigations targeting the leadership and support elements of these DTOs and TCOs operating within the Eastern District of California, regardless of their geographic base of operations.

SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Marco Guzman, 32, of Stockton, charging him with being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Jan. 1, 2021, Guzman possessed a Glock Model 27 pistol. Guzman has been convicted of multiple felony offenses in San Joaquin County Superior Court and is prohibited from possessing a firearm.

This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Stockton Police Department. Assistant U.S. Attorney Ross Pearson is prosecuting the case.

If convicted, Guzman faces a maximum statutory penalty of 10 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 part of Operation Ceasefire in the city of Stockton. The U.S. Attorney’s Office works closely with San Joaquin County District Attorney’s Office and the Stockton Police Department to deliver on Ceasefire’s mission to establish a peaceful community by investigating and prosecuting members and associates of criminal groups who continue to commit serious and violent felonies in the city, including individuals who have previously been prosecuted for illegal gun and gang-related crimes.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SACRAMENTO, Calif. — A 16-count indictment was unsealed Wednesday charging Kenneth Ray Hawkins, 47, of Tracy; Jacqueline Marie Marquez, 34, formerly of Las Vegas; Alyssa Marie Jones, 32, of Barstow; and Ebony Chanel Jones, 20, of Barstow, with conspiracy to commit mail fraud and mail fraud, Acting U.S. Attorney Phillip A. Talbert announced.

A federal grand jury returned the indictment on May 13. According to court documents, between June 2020 and January 2021, the four defendants conspired to execute and executed a scheme to defraud by filing fraudulent unemployment insurance claims with the California Employment Development Department (EDD), seeking Pandemic Unemployment Assistance benefits under the CARES Act. During the conspiracy, Hawkins was an inmate at the Deuel Vocational Institution (DVI), a California state prison in Tracy, California. Hawkins collected identity information, including names and Social Security numbers, of California prison inmates and other individuals and used the identities and an unauthorized cellphone to file fraudulent unemployment insurance claims from his jail cell. The claims represented, among other things, that the claimants had recently lost employment from businesses or were unable to find employment due to the COVID-19 pandemic. These claims were fraudulent because, for example, the inmates were incarcerated, not recently employed, and ineligible for unemployment insurance benefits.

In the applications, Hawkins requested that the benefits be mailed to various California addresses that were under the control of one or more co-conspirators. EDD approved dozens of the fraudulent claims and authorized Bank of America to mail out EDD debit cards containing benefits. Co-defendants Marquez, Alyssa Jones, and Ebony Jones then obtained the EDD debit cards and used them to withdraw the benefits at ATMs throughout California for the benefit of the conspirators. The scheme sought over $1.2 million and resulted in EDD paying out over $900,000.

This case is the product of an investigation by the U.S. Postal Inspection Service, the California Department of Corrections and Rehabilitation Office of Correctional Safety, the DVI Investigative Services Unit, and EDD – Investigation Division. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.

Alyssa Jones and Ebony Jones recently made their initial appearances in the Central District of California and were released on bond to appear in the Eastern District of California. Marquez has not yet made her initial appearance in federal court. Hawkins remains in state prison for an unrelated conviction.

If convicted, each defendant faces a maximum statutory penalty of 20 years in prison and a $250,000 fine on each of the 16 counts. 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.

SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Aaron Rex, 57, of Oroville, charging him with two counts of distributing heroin, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Rex distributed heroin on two occasions in 2020.

This case is the product of an investigation by the Drug Enforcement Administration and the Butte County Interagency Narcotics Task Force. Assistant U.S. Attorney Ross Pearson is prosecuting the case.

If convicted, Rex faces a maximum sentence of up to 20 years in prison on each distribution count and a $1 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.

FRESNO, Calif. — Angela Milton, 38, of Sacramento, pleaded guilty today to aiding and assisting in the preparation and presentation of false and fraudulent tax returns, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Milton was an IRS tax examining technician in Fresno between 2010 and 2013. During that time, she helped prepare and file numerous fraudulent tax returns in other peoples’ names to increase the refund that the IRS disbursed. In some cases, Milton received a fee while in others she took a portion of the refund without the knowledge of the taxpayer. As a result of her conduct, Milton attempted to defraud the IRS of over $170,000, and the actual loss was approximately $101,475.

This case is the product of an investigation by the U.S. Department of the Treasury, Office of Inspector General and IRS Criminal Investigation. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.

Milton is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Sept. 3. Milton faces a maximum statutory penalty of three years in prison and a $250,000 fine as well as restitution owed to the IRS. 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.

SACRAMENTO, Calif. — Javontae D. Rucker, 29, of Sacramento, was sentenced today by U.S. District Judge Troy L. Nunley to 27 years in prison for production of child pornography, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, between February and March 2017, while babysitting, Rucker took advantage of an infant in his care, and he used his cellphone to produce pornographic images and a video of the victim and himself. Rucker also admitted to possessing over a thousand child pornography videos and images of other victims.

“Given the severity of this defendant’s conduct and the need to deter him and protect the public from further crimes by him—especially young, vulnerable children like the infant victim—today’s sentence is necessary and appropriate,” said Acting U.S. Attorney Talbert. “We are committed to investigating and prosecuting those who create or possess these horrific images and will relentlessly pursue predators who sexually abuse children.”

“This case exemplifies the work the FBI and our law enforcement partners at the Sacramento County Sheriff’s Office do to identify and investigate child predators who exploit innocence and trust in truly horrific ways,” said Special Agent in charge Sean Ragan of the FBI Sacramento Field Office.“ Javontae Rucker exploited his trusted role as a babysitter for a family, preying upon an innocent infant in his care. Cases like these remind us all of the important role the FBI has in protecting our country’s children from child predators who live among us.”

This case was the product of an investigation by the Internet Crimes Against Children Task Force, composed of various law enforcement agencies, including the Sacramento County Sheriff’s Department and the Federal Bureau of Investigation. Assistant U.S. Attorney Rosanne L. Rust 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, Calif. — A federal grand jury returned a two-count indictment today against Brent Hooton, 48, of Marysville, charging him with sexual exploitation of a child and distribution of child pornography, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in May 2021, Hooton produced images of a child under the age of 12 engaged in sexually explicit conduct. Hooton then distributed those images to other users over the Kik messaging application.

This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Mira Chernick is prosecuting the case.

If convicted of sexual exploitation of a child, Hooton faces a mandatory minimum sentence of 15 years in prison, a maximum statutory penalty of 30 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 www.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.

BAKERSFIELD, Calif. — After a one–day bench trial, U.S. Magistrate Judge Jennifer L. Thurston found Jason E. Murchison, 37, of Huntington Beach, guilty today of one count of operating an unpermitted business on National Forest land, Acting U.S. Attorney Phillip A. Talbert announced.

According to evidence presented at trial, Murchison operated an unpermitted snowboard-instructing service on Mammoth Mountain Ski Area, within the Inyo National Forest. In February 2020, an undercover operation revealed that Murchison was the principal operator of Learn to Snowboard and advertised paid lessons on a website www.learntosnowboardbb[.]com. Neither Learn to Snowboard nor Murchison had a special use authorization from the U.S. Forest Service to operate on Forest Service lands.

“The USDA Forest Service is entrusted with sustaining the health, diversity, and productivity of the nation’s forests to meet the needs of present and future generations,” said Don Hoang, Special Agent in Charge, Forest Service - Law Enforcement and Investigations, Pacific Southwest Region. “Unpermitted activity on National Forest System lands, however, negatively impacts our shared natural resources and authorized permittees. Forest Service Law Enforcement investigates and prosecutes unauthorized use like in this case to ensure the sustainability of National Forest System land.”

This case was the product of an investigation by the U.S. Forest Service and the Newport Beach Police Department. Special Assistant U.S. Attorney Philip N. Tankovich and Assistant U.S. Attorney Jeffrey Spivak prosecuted the case.

The charge is a class B misdemeanor, and immediately after trial, Judge Thurston sentenced Murchison to two years of probation and a fine of $500. A restitution hearing is scheduled for July 21.

FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Keith Breazell, 31, of Fresno, charging him with being a felon in possession of ammunition, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on May 25, 2021, detectives arrested Breazell for unlawfully possessing a semi‑automatic, .40-caliber pistol with no serial number. These guns are often referred to as “ghost guns” because the lack of a serial number on the firearm renders them untraceable. Breazell’s ghost gun was found inside a satchel that he had abandoned after fleeing from the approaching officers. The firearm was loaded with 15 rounds of ammunition. Breazell is prohibited from possessing firearms and ammunition because of his prior criminal history. In 2014, he was convicted of assaulting a person with a semiautomatic firearm. He also has two prior convictions for illegally possessing firearms.

This case is the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department Multi-Agency Gang Enforcement Consortium. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.

If convicted, Breazell faces a maximum statutory penalty of 10 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 being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

FRESNO, Calif. — Miguel Alberto Burgos, 28, of Bakersfield, pleaded guilty today to being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, on Jan. 18, 2021, a law enforcement officer stopped Burgos for committing traffic infractions while driving a vehicle in Bakersfield. Burgos yielded his vehicle and fled on foot. The officer gave chase and eventually secured Burgos on the ground, but he broke free and continued flight. Shortly afterwards, officers caught and arrested Burgos. During the chase, Burgos possessed and discarded a Ruger LCP .380‑caliber handgun loaded with a high-capacity magazine. Burgos cannot lawfully possess firearms because he was convicted in 2013 of second-degree robbery.

This case is the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol and the Kern County Fire Department. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.

Burgos is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Sept. 3. Burgos faces a maximum term 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.

This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.

SACRAMENTO, Calif. — A federal grand jury returned a 45-count indictment today against 15 defendants for a conspiracy to traffic cocaine, cocaine base, and heroin in the Sacramento area, Acting U.S. Attorney Phillip A. Talbert announced.

The indictment charges the following defendants: Tyrone Anderson, 40, of Sacramento; Maurice Bryant, 51, of Antelope; Yovanny Ontiveros, 41, of Sacramento; Alex White, 61, of North Highlands; Jason Tolbert, 44, of Sacramento; Andre Hellams, 38, of North Highlands; Michael Hampton, 57, of Vallejo; Steven Hampton, 61, of Sacramento; Wilmer Harden, 52, of Elk Grove; Charles Sidney Carter, 34, of Sacramento; Bobby Conner, 50, of Sacramento; Jerome Adams, 54, of North Highlands; Dwight Haney, 49, of Sacramento; Arlington Caine, 47, of Rio Linda; and Mark Martin, 62, of Sacramento.

The indictment charges Bryant, Harden, Anderson, Carter, Conner, Adams, Haney, Caine, Martin, White, Hellams, Tolbert, Steven Hampton, and Michael Hampton with conspiracy to distribute and possess with intent to distribute at least 5 kilograms of cocaine and 280 grams of cocaine base. The indictment also charges Anderson and Ontiveros with conspiracy to distribute and possess with intent to distribute heroin. During and in furtherance of these conspiracies, the indictment charges certain defendants with distributing cocaine and cocaine base, possessing with intent to distribute cocaine and cocaine base, possessing with intent to distribute heroin, possessing firearms as felons, and using communication facilities to facilitate drug trafficking offenses. According to court documents, between March 1, 2018, and May 19, 2021, law enforcement seized over 5 kilograms of cocaine, a kilogram of heroin, a half kilogram of cocaine base, and multiple firearms.

“This investigation and indictment results in the dismantling of a network of long-time leaders and organizers in a regional cocaine, heroin, and crack cocaine distribution chain that stretches beyond the Eastern District of California, through Southern California, and into Mexico,” said Acting U.S. Attorney Talbert.

“This criminal organization utilized an interstate drug pipeline that reached far beyond the Sacramento region,” said DEA Special Agent in Charge Wade R. Shannon. “These arrests underscore our commitment to rid communities of drug trafficking networks and the poison they peddle.”

“The FBI is proud to partner with its local, state, and federal Strike Force partners to disrupt and dismantle violent criminal organizations that threaten the safety of the communities we serve,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Together, we are stronger, leveraging seamless communication and our individual strengths to identify and disrupt illegal drug distribution networks.”

“The success of this indictment highlights the importance and necessity of law enforcement partnerships across the spectrum,” said Special Agent in Charge Tatum King, who oversees HSI operations in Northern California. “Strong partnerships among federal, state and local law enforcement agencies are critical to apprehending those that profit from the purveyance of dangerous drugs to our communities.”

This case is the product of an investigation by the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations, the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Forest Service, the U.S. Postal Inspection Service, the Bureau of Land Management, the California Department of Corrections and Rehabilitation, the California Department of Justice, the California Highway Patrol, the Sacramento County Sheriff’s Office, and the Sacramento Police Department. Assistant U.S. Attorneys Cameron L. Desmond and Aaron D. Pennekamp are prosecuting the case.

If convicted of the conspiracy to distribute and possess with intent to distribute cocaine and cocaine base charge, Bryant, Harden, Anderson, Carter, Conner, Adams, Haney, Caine, Martin, White, Hellams, Tolbert, Steven Hampton, and Michael Hampton face a maximum statutory penalty of life in prison and a $10 million fine. If convicted of the conspiracy to distribute and possess with intent to distribute heroin charge, Bryant and Ontiveros face a maximum statutory penalty of 20 years in prison and a $1 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 prosecution is part of the Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. The Sacramento Strike Force is a co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. The specific mission of the Sacramento Strike Force is to identify, investigate, disrupt, and dismantle the most significant drug trafficking organizations (DTOs) and transnational criminal organizations (TCOs) shipping narcotics, firearms, and money through the Eastern District of California, thereby reducing the flow of these criminal resources in California and the rest of the United States. The Sacramento Strike Force leads intelligence-driven investigations targeting the leadership and support elements of these DTOs and TCOs operating within the Eastern District of California, regardless of their geographic base of operations.

FRESNO, Calif. — Christina Smith, 38, who was on parole and had previously been incarcerated at the Central California Women’s Facility (CCWF) in Chowchilla, pleaded guilty in federal court today to conspiracy and aggravated identity theft charges for the submission of fraudulent unemployment insurance claims to the California Employment Development Department (EDD) in the names of current CCWF inmates, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, Sholanda Thomas, 37, a current CCWF inmate, sent her own and several other inmates’ personally identifiable information (PII) to Smith to submit the unemployment insurance claims in their names. The underlying applications represented that the inmates had been working various jobs, which was untrue because they were incarcerated and therefore ineligible for benefits. The loss to the EDD and the United States is over $250,000. Smith split the proceeds with her co-conspirators.

This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation’s Investigative Services Unit, and the EDD. Assistant U.S. Attorney Joseph Barton is prosecuting the case.

Smith is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Aug. 23. For the conspiracy charge, Smith faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. For the aggravated identity theft charge, she faces a mandatory two-year sentence consecutive to any other sentence 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.

Thomas was indicted on December 17, 2020, along with Smith and is also facing federal prosecution. The charges are only allegations; Thomas is presumed innocent until and unless proven guilty beyond a reasonable doubt.

FRESNO, Calif. — Patrick Maldonado, 46, of Madera, pleaded guilty today to conspiring to distribute and possess with intent to distribute cocaine and marijuana, Acting U.S. Attorney Phillip A. Talbert announced.

According to court documents, in November 2018, Maldonado coordinated with Tan Minh Vo, 48, of San Jose, to send two shipments of marijuana to Halen Frazier, 34, of Kingsville, Missouri. The first shipment was seized from Frazier during a traffic stop after Tien Van Phan, 56, of Milpitas, delivered 92 pounds of marijuana to him in two suitcases at a hotel in Kansas City.

Later, agents intercepted calls between Maldonado, co-defendant Elias Zambrano Jr., 41, of Fresno, and Frazier in which they discussed the shipment of 384 pounds of marijuana to Frazier in Kansas City. Maldonado and Zambrano had packed the load in the trailer of a truck driven by co-defendant David McGowan, of Kansas City. Arizona State Troopers discovered the marijuana and $1,629 in cash after a traffic stop.

Following these seizures, agents executed a search warrant at Maldonado’s residence in Madera and found more than 3 kilograms of cocaine, 20 pounds of marijuana, a handgun, and approximately $45,281 in cash. In pleading guilty, Maldonado also agreed to the forfeiture of the firearm and cash.

This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force consisting of agents from the Drug Enforcement Administration, Homeland Security Investigations, the Federal Bureau of Investigation, the Tulare, Kings, and Fresno County Sheriff’s Offices, the Fresno Police Department, the Arizona Department of Health, and the Kansas City Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.

Maldonado is scheduled for sentencing on Aug. 23. He faces a minimum statutory penalty of five years in prison and a maximum statutory penalty of 40 years in prison, along with a $5 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.

Frazier and Phan previously entered guilty pleas to the drug conspiracy and were sentenced to two years and three months and three and one half years in prison, respectively. Zambrano recently entered a guilty plea and is scheduled for sentencing on Aug. 16.

Charges are pending against McGowan and Vo, who are scheduled for a status conference on July 28. As to these defendants, the charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.