Eastern District of California
Press releases recorded for this federal judicial district.
Calaveras County Man Sentenced for Embezzling Housing Assistance Program FundsRead the Press Release
FRESNO, Calif. — Raymond Cawthorne, 57, of Valley Springs, was sentenced today to five years’ probation for embezzlement of public funds, U.S. Attorney McGregor W. Scott announced.
Cawthorne previously paid $14,000 in restitution and forfeited another $14,000 as part of his sentence.
“Raymond Cawthorne was sentenced today for embezzling funds from a federal rescue program that is still in use today to help homeowners stay in their homes,” said Special Inspector General Christy Goldsmith Romero of SIGTARP. “He is one of 384 defendants convicted of crimes that SIGTARP investigated. We commend the Office of the U.S. Attorney for the Eastern District of California for prosecuting rescue fraud crime investigated by SIGTARP.”
According to court documents, between May 2015 and October 2016, Cawthorne embezzled over $14,000 belonging to the Keep Your Home California (KYHC) Program. The federally funded program was launched in response to the 2008 financial crisis and provided homeowners, who became unemployed, with temporary mortgage assistance so that they could avoid foreclosure and stay in their homes. Participating homeowners became ineligible after they found new employment. The program was part of a broader effort by the federal government to stabilize the nation’s housing market where states with the most distressed markets received federal monies to develop locally tailored foreclosure prevention solutions.
This case was the product of an investigation by the Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP), a federal law enforcement agency that targets crime at financial institutions and federally funded housing programs. Assistant U.S. Attorney Joseph Barton prosecuted the case.
Bakersfield Resident Pleads Guilty to Possessing a Machine GunRead the Press Release
FRESNO, Calif. — Liodam Gonzalez, 28, of Bakersfield, pleaded guilty today to unlawful possession of a machine gun and possession of an unregistered firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Aug. 30, 2019, Liodam Gonzalez fired a fully automatic handgun in a residential neighborhood in Bakersfield. At the time of his arrest, Gonzalez was a convicted felon and was member of the West Side Baker criminal street gang. Police officers found and seized the machine gun in Gonzalez’s residence.
This case is the product of an investigation by Homeland Security Investigations and the Bakersfield Police Department. Assistant U.S. Attorney Thomas Newman is prosecuting the case.
Gonzalez is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 16. Gonzalez faces a maximum 10-year prison term and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Statement on the arrest of Juan TangRead the Press Release
UPDATE
Pursuant to a motion by the government, the case against defendant Juan Tang described in the news release below was dismissed by the court on July 23, 2021.
Juan Tang, a Chinese national and former researcher at the University of California at Davis, was recently taken into federal custody by the FBI on an arrest warrant and complaint that were filed on June 26, and unsealed on July 20. Tang is scheduled to make an initial appearance in Sacramento on July 27 at 2:00 PM.
Two Men Indicted for Fentanyl Trafficking Conspiracy in Placer County and Other Narcotics OffensesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a five-count indictment today against Steven Lawrence Robinson, 34, of Granite Bay, and Nathaniel Opondo Hubbert, 39, of Grass Valley, charging them with a conspiracy to possess and distribute fentanyl and other narcotics offenses, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 2 and June 24, Robinson and Hubbert conspired to distribute fentanyl. Additionally, Robinson is charged with two counts of possession with intent to distribute fentanyl. Hubbert is also charged with possession with intent to distribute methamphetamine and possession with intent to distribute heroin and fentanyl. According to the criminal complaint, the defendants are connected to at least one overdose of a victim who had to be given medical treatment after using drugs purchased from Hubbert.
This case is the product of an investigation by the Drug Enforcement Administration, the Lincoln Police Department, the Placer County District Attorney’s Office, the Placer County Sheriff’s Office, and the Roseville Police Department. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted of the conspiracy count or the counts of possession with intent to distribute fentanyl, or the count of possession with intent to distribute methamphetamine, the defendants face a minimum statutory penalty of five years in prison and a maximum of 40 years in prison and a $5 million fine. The count of possession with intent to distribute heroin and fentanyl carries 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.
Two Fresno County Residents Indicted for Firearms OffensesRead the Press Release
FRESNO, Calif. — As part the U.S. Attorney’s Office for the Eastern District of California’s strategy to reduce violent crime by focusing on firearms prosecutions, U.S. Attorney McGregor W. Scott announced that a federal grand jury in Fresno returned indictments in the following cases involving illegal firearms offenses.
Anthony Murillo, 37, of Fresno, was charged today with two counts of being a felon in possession of a firearm. According to court documents, on April 17, Murillo possessed a Kahr Arms 9 mm handgun, and on May 15, Murillo was found to be in possession of a Glock 17 handgun and a Mini Draco AK rifle. Among Murillo’s prior felony convictions, three are for being a felon in possession of a firearm. These prior felonies prohibit him from possessing a firearm.
This case is the product of an investigation by the Federal Bureau of Investigation, the Fresno County Sheriff’s Office and the Fresno Police Department.
Brandon Castillo, 36, of Laton, was charged today with one count of being a felon in possession of ammunition. According to court documents, on May 25, Castillo was found to be in possession of .223-caliber ammunition. Castillo has prior felony convictions for assault with a deadly weapon and for being a felon in possession, which prohibit him from possessing ammunition.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Selma Police Department. Assistant U.S. Attorney Stephanie M. Stokman is prosecuting both cases.
If convicted, the defendants 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 part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Three Gang Members Charged Federally with Conspiracy to Commit Murder in Aid of Racketeering for Shooting in November that Killed FourRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against three members of the Mongolian Boys Society, charging them with conspiring to commit murder in aid of racketeering for acting as lookouts for a gang shooting that killed four, U.S. Attorney McGregor W. Scott announced.
According to court documents, Fresno residents Pao Vang, 30; Jhovanny Delgado, 19; and Johnny Xiong, 25, were members of the Mongolian Boys Society (MBS), a criminal organization active in Fresno and Visalia.
According to the indictment, on Nov. 17, 2019, members and associates of the MBS held a meeting and conspired to commit a retaliatory murder. They selected a target residence, chose shooters, provided them with guns, and drove to the target location. Vang, Delgado, and Xiong, who attended the meeting, were designated as lookouts. They positioned themselves on street corners near the target residence to report the presence of law enforcement to the shooters or other gang members. Subsequently, the MBS shooters killed four individuals and injured at least six others.
Vang, Delgado, and Xiong were charged by criminal complaint on Jan. 2 and have been detained in federal custody since that date.
Additionally, on Jan. 2, the Fresno County District Attorney’s Office filed a related felony complaint in the Fresno County Superior Court charging Ger Lee, 27; Anthony Montes, 27; Porge Kue, 26; and Billy Xiong, 25, with special circumstances murder, conspiracy to commit murder, multiple counts of attempted murder, as well as enhancements for personally using and discharging firearms in the commission of the offenses and for committing the crimes for the benefit of, at the direction of, or in association with a criminal street gang.
“Federal and local law enforcement are committed to stopping violent criminal organizations like this one,” said U.S. Attorney Scott. “We will continue to work with our state and federal partners to keep our communities safe from gang violence.”
“In conjunction with the ongoing criminal case in the Fresno County Superior Court, today’s news that a federal grand jury returned an indictment is a testament to the hard work of the Fresno Police Department and that of our federal partners,” said Fresno County District Attorney Lisa Smittcamp. “Collaboratively, we will do all we can to hold to account the perpetrators of this horrific offense and to seek justice for the victims and survivors.”
This case is the product of an investigation by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, Homeland Security Investigations, the U.S. Marshals Service, the Fresno Police, the Fresno County District Attorney’s Office with assistance from the Fresno County Sheriff’s Office and the Clovis Police Department. Assistant U.S. Attorney Thomas Newman is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Federal Grand Jury Indicts Two from Redding and Vacaville for Firearms OffensesRead the Press Release
SACRAMENTO, Calif. — As part the U.S. Attorney’s Office for the Eastern District of California’s strategy to reduce violent crime by focusing on firearms prosecutions, U.S. Attorney McGregor W. Scott announced that a federal grand jury in Sacramento returned indictments in the following cases involving illegal firearms offenses.
Michael James White, 37, of Redding, was charged today with being a felon in possession of a firearm. According to court documents, White was arrested on two separate occasions following traffic stops. On Aug. 10, 2019, officers stopped White’s vehicle for a traffic violation and subsequently found a Megastar .45-caliber handgun; and on Nov. 5, 2019, officers again stopped White’s vehicle following a traffic violation and found a Smith & Wesson .357 Magnum tucked into White’s waistband. White has several prior felony convictions—including prior convictions for illegally possessing firearms—that prohibit him from possessing firearms.
This case is the product of an investigation by the Shasta County District Attorney’s Office, the Redding Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant U.S. Attorney Aaron D. Pennekamp is prosecuting the case.
Carlos Biviescas, 28, of Vacaville, was charged on July 9 with one count of being a felon in possession of ammunition. According to court documents, Biviescas has two prior felony convictions and is prohibited from possessing ammunition.
This case is the product of an investigation by the Vacaville Police Department, with special assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. Assistant U.S. Attorney Adrian T. Kinsella is prosecuting the case.
If convicted, the defendants 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.
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
These cases are also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Researchers Charged with Visa Fraud After Lying About Their Work for China’s People’s Liberation ArmyRead the Press Release
UPDATE
The government dismissed all charges alleged in the indictment described in the press release below.
Four individuals have recently been charged with visa fraud in connection with a scheme to lie about their status as members of the People’s Republic of China’s military forces, the People’s Liberation Army (PLA), while in the United States conducting research. Three of these individuals have been arrested and the Federal Bureau of Investigation (FBI) is seeking the fourth who is a fugitive from justice currently being harbored at the Chinese Consulate in San Francisco.
In addition to these arrests, the FBI has recently conducted additional interviews of visa holders suspected of having undeclared affiliation with the Chinese military in more than 25 American cities.
“These members of China’s People Liberation Army applied for research visas while hiding their true affiliation with the PLA,” said Assistant Attorney General for National Security John C. Demers. “This is another part of the Chinese Communist Party’s plan to take advantage of our open society and exploit academic institutions. We will continue to conduct this investigation together with the FBI.”
“The United States welcomes students, academics, and researchers from across the globe. Today’s announcement shows the extreme lengths to which the Chinese government has gone to infiltrate and exploit America’s benevolence," said John Brown, Executive Assistant Director of the FBI's National Security Branch. “In interviews with members of the Chinese People’s Liberation Army in over 25 cities across the U.S., the FBI uncovered a concerted effort to hide their true affiliation to take advantage of the United States and the American people.”
Each defendant has been charged with visa fraud, in violation of 18 U.S.C. § 1546(a). If convicted, each faces a maximum statutory penalty of 10 years in prison and a fine of $250,000. The allegations against each are as follows:
Xin WANG
According to a complaint that was unsealed in the Northern District of California, on June 8, 2020 and court documents filed June 11, Wang entered the United States on March 26, 2019, after receiving a J1 non-immigrant visa in December of 2018. Wang’s visa application stated that the purpose of his visit was to conduct scientific research at the University of California, San Francisco (UCSF). Wang is alleged to have made fraudulent statements on this visa application. Specifically, Wang stated that he had served as an Associate Professor in Medicine in the People’s Liberation Army (PLA), from September 1, 2002 through September 1, 2016.
In reality, when interviewed by officers of Customs and Border Protection (CBP) at LAX on June 7, Wang provided information that he was, in fact, still currently a “Level 9” technician in the PLA, employed by a military university lab. CBP officers also obtained information that this roughly corresponded with the rank of Major. According to court documents, Wang was still employed by the PLA while he was studying in the United States, and he made false statements about his military service in his visa application in order to increase the likelihood that he would receive his J1 visa.
Also according to court documents, Wang provided information to CBP that he had been instructed by his supervisor, the director of his military university lab in the PRC, to observe the layout of the UCSF lab and bring back information on how to replicate it in China. Wang similarly told his supervising UCSF professor that he had duplicated some of the work of that professor at the lab in China. Some of the work of the UCSF lab was funded by grants from the United States Department of Health and Human Services, National Institutes of Health (NIH).
Wang was arrested on June 7, and had his initial appearance on June 8. A grand jury in the Northern District of California returned an indictment on June 22.
Juan TANG
According to court documents unsealed in the Eastern District of California on July 20, Tang, a researcher at the University of California at Davis, applied for a non-immigrant J1 visa on or about Oct. 28, 2019. The visa was issued in November 2019, and Tang entered the United States on or about Dec. 27, 2019. Tang is alleged to have made fraudulent statements on her visa application. Specifically, to the question, “Have you ever served in the military,” Tang responded “No.”
In fact, Tang is a uniformed officer of the PLA Air Force (PLAAF). As set forth in the Complaint, the FBI found a photograph of Tang in a military uniform and references to Tang’s employment at the Air Force Military Medical University, which has also been known as the Fourth Military Medical University. The FBI interviewed Tang on June 20. Although Tang denied having been a member of the military, an additional photograph of Tang in a different PLA military uniform was found on electronic media seized pursuant to a search warrant.
The FBI is seeking to arrest Tang pursuant to an Arrest Warrant and Complaint that were filed on June 26, and unsealed on July 20. Tang has sought refuge at the Chinese consulate in San Francisco, where she remains.
Chen SONG
The allegations describing the crime appear in an affidavit supporting the complaint filed on July 17 and unsealed in the Northern District of California on July 20. According to the affidavit, Song, 38, a Chinese national, applied for a J1 nonimmigrant visa in November 2018. She entered the United States on Dec. 23, 2018. In her visa application, in response to the question, “Have you ever served in the military,” Song stated that she had served in the Chinese military only from Sept. 1, through June 30, 2011. She further stated that her employer was “Xi Diaoyutai Hospital.” Song described herself in her visa application as a neurologist who was coming to the U.S. to conduct research at Stanford University related to brain disease.
The affidavit alleges that these were lies, that Song was a member of the PLA when she entered and while she was in the United States, and that the hospital she listed on her visa as her employer was a cover for her true employer, the PLA. The affidavit identifies four research articles that she co-authored, which described her as affiliated with institutions subordinate to the PLA Air Force. Specifically, the articles list Song as affiliated with the Air Force General Hospital in Beijing and the Fourth Military Medical University. In addition, as of July 13, a Chinese health care website listed Song as an attending physician of the Department of Neurology of the PLA Air Force General Hospital, and included a photograph of Song wearing what appears to be a military uniform. Further, an article published in 2015 identifies Song as the doctor at the PLA Air Force hospital who performed the autopsy on the former chief physician of the MRI Department at the hospital.
Finally, according to the affidavit, a search of Song’s external hard drive, recovered pursuant to a court-authorized search warrant, found that, on June 21, Song had deleted a folder titled, in Chinese, “2018 Visiting School Important Information.” The search recovered deleted documents from this folder. The affidavit alleges that one of the recovered documents was a letter from Song to the Chinese Consulate in New York, explaining that she was extending her time in the United States for another year, and wrote that her stated employer, Beijing Xi Diaoyutai Hospital, is a false front, which is why she had obtained approval for her extension from the PLA Air Force and FMMU. The letter further allegedly explained that, as these Chinese military approval documents were classified, she could not transmit them online.
Song was arrested on July 18.
Kaikai ZHAO
According to a complaint filed in the Southern District of Indiana on July 17 and unsealed today, Zhao, a graduate student studying machine learning and artificial intelligence at Indiana University, applied for an F1 nonimmigrant visa in June 2018. In response to the question on the visa application, “Have you ever served in the military,” Zhao answered, “No.” As set forth in the Complaint, Zhao served in the National University of Defense Technology, the PLA’s premier institution for scientific research and education, which is directly subordinate to the PRC’s Central Military Commission. Zhao also attended the Aviation University of Air Force (AUAF), which is a Chinese military academy analogous to the U.S. Air Force Academy. AUAF students are active military service members who receive military training. In addition, the FBI located an online photograph of Zhao wearing a PLAAF uniform.
Zhao was arrested on July 18.
Fresno Man on Federal Supervised Release Indicted on Drug and Firearms ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Elias Muhammad, 23, of Fresno, charging him with attempted possession of cocaine with the intent to distribute and two counts of being a felon in possession of a firearm and ammunition, U.S. Attorney McGregor W. Scott announced.
According to court documents, Muhammad was arrested after a vehicle stop on May 5. He was in possession of a firearm and .40 caliber ammunition after having suffered two prior felony convictions. He posted bail on that offense on May 10 and was released from custody. On June 25, Muhammad was again arrested for being a felon in possession of a firearm, attempting to possess cocaine with the intent to distribute, and for being in violation of his federal supervision resulting from a 2019 conviction for being a felon in possession of a firearm.
This case is the product of an investigation by the Clovis Police Department, the Multi-Agency Gang Enforcement Consortium (MAGEC) and the Bureau of Alcohol. Tobacco, Firearms and Explosives. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Muhammad faces 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Fresno Man Sentenced to 30 Years in Prison for Distributing Fentanyl Resulting in Two Overdose Deaths in Fresno and Madera CountiesRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Darnell Pearson, 42, of Fresno, today to 30 years in prison for two counts of distribution of fentanyl resulting in death and serious bodily injury, U.S. Attorney McGregor W. Scott announced.
“This defendant sold what his customers thought was cocaine that was, in fact, fentanyl and caused the deaths of two people and serious injury to two others,” U.S. Attorney Scott stated. “These two deaths were the first reported fentanyl overdose deaths in Fresno and Madera Counties. As they demonstrate, fentanyl is extremely dangerous and is a serious public health threat in our area and the nation as a whole. Even trace amounts of this drug can be lethal, and it poses serious risks to those who come into contact with it, including first responders. We will continue to work with our state and federal partners to target those who distribute this poison in our communities.”
“Fentanyl is man-made and potent in the smallest amounts. A few grains of the substance can lead to overdose, and we are increasingly seeing it sold as other illicit drugs. The message has been sent, if you distribute drugs that result in death and serious bodily injury, we will use every tool available to ensure that justice is served,” stated Drug Enforcement Administration Special Agent in Charge Daniel C. Comeaux. “I applaud the collaborative efforts and good old fashioned police work that led to the successful prosecution of this investigation.”
According to court documents, on Jan. 7, 2019, law enforcement officers responded to a call concerning an overdose in Fresno and found three individuals on the ground with faint or no pulse. All three individuals were transported to Community Regional Medical Center for treatment. One of the individuals was pronounced dead on Jan. 10, 2019. A toxicology report determined that the cause of death for the individual was overdose from fentanyl. The other two individuals survived and were later released from the hospital.
On Jan. 24, after a four-day trial, a jury found that the death resulted from the use of the fentanyl distributed by Pearson, and it caused the other two victims to suffer serious bodily injury. Pearson was convicted of a second count of distribution of fentanyl resulting in death of a victim in Madera, and the jury found the death of this victim resulted from the use of the fentanyl distributed by Pearson. On Jan. 7, 2019, the victim, the mother of Pearson’s children, was found motionless on the floor of her bathroom by family members. Officers and paramedics were unable to revive her and she was pronounced dead that evening.
During the sentencing hearing, Judge Drozd found that Pearson had obstructed justice during the investigation by deleting text messages between himself and the Madera victim in an effort to frustrate law enforcement. Additionally, Judge Drozd found that during the trial, Pearson obstructed justice by testifying falsely in an effort to mislead the jury resulting in an increased sentence. Even though Pearson may not have known he was distributing fentanyl and that his actions would cause the deaths of two people and serious bodily injury to two additional people, that was immaterial Judge Drozd said while imposing the sentence for Pearson’s distribution of drugs that had tragic results.
This case was the product of an investigation by the U.S. Drug Enforcement Administration, Homeland Security Investigations, the Fresno Police Department, and the Madera Police Department. Assistant U.S. Attorneys Laurel Montoya and Michael Tierney prosecuted the case.
Fresno Man Charged with Conspiring to Break into a Mail Truck and Other ChargesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against a Fresno resident, charging him with conspiracy, obstruction of correspondence, and possession of stolen mail, U.S. Attorney McGregor W. Scott announced.
According to court documents, Joaquin Velasco, 22, and another individual conspired to steal mail from a mail truck. On Feb. 26, they broke into a mail truck while the mail carrier was using the vehicle to deliver mail on a mail route. They removed multiple bags of mail and a white tray of mail and fled the area with the stolen mail in their vehicle. Velasco took the mail, before it was delivered to the person to whom it was directed, with the intent to obstruct the correspondence.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorney Alexandre Dempsey is prosecuting the case.
If convicted, Velasco faces a maximum statutory penalty of five years in prison and a $250,000 fine for each count. 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.
Woodland Man Indicted for Fentanyl Overdose Death and Fentanyl Trafficking ConspiracyRead the Press Release
SACRAMENTO, Calif. — A Woodland resident has been charged by indictment with distribution of fentanyl resulting in an overdose death and with distributing fentanyl on two separate dates after the overdose death, U.S. Attorney McGregor W. Scott announced.
According to the indictment, Joshua Cabanillas, 20, distributed fentanyl that resulted in the overdose death of a person in Woodland in February 2020. Additionally, Sacramento residents Gregory Tabarez, 22, and Joseph Elijah Cuaron, 20, are charged by complaint with distributing fentanyl alongside Cabanillas.
The complaint alleges that Cabanillas was arrested on May 15, after meeting with Tabarez and Cuaron to distribute an additional 1,000 counterfeit blue “M30” pills containing fentanyl. The counterfeit pills are designed to look like authentic oxycodone hydrochloride 30 mg pills that could be obtained from a pharmacy. Unlike authentic pharmaceuticals, the counterfeit pills are pressed illicitly and actually contain fentanyl.
Today, the United States faces an unprecedented drug epidemic. The Centers for Disease Control estimates that more than 70,000 Americans died of drug overdoses in 2019. Many of these deaths are attributed to the increased abuse of potent and dangerous synthetic opioids like fentanyl. The Drug Enforcement Administration has reported that fentanyl-containing counterfeit pills continue to be associated with overdose deaths across the country.
This case is the product of an investigation by the Federal Bureau of Investigation; the Woodland Police Department; the Sacramento County Probation Department; the Sacramento County Sheriff's Department; the Sacramento Police Department; the Yolo County Sheriff’s Office, Coroner Section; the Yolo County District Attorney’s Office; the Yolo County Probation Department; Placer County Sheriff’s Office; the California Highway Patrol; the California Department of Corrections and Rehabilitation, Special Service Unit; and the California Department of Corrections and Rehabilitation, Division of Adult Parole Operations. Assistant U.S. Attorney Vincenza Rabenn is prosecuting the case.
Cabanillas, Tabarez and Cuaron are currently in custody. If convicted of the distribution of fentanyl resulting in death, Cabanillas faces a maximum statutory penalty mandatory minimum of 20 years in prison and a maximum of life in prison. If convicted of the conspiracy or distribution charges, Cabanillas, Tabarez and Cuaron face a maximum statutory penalty of 20 years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fresno Escapee Sentenced to 8 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
FRESNO, Calif. — Samuel Delacruz, 38, of Fresno, was sentenced today to eight years in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 2017, Delacruz was serving the remainder of his federal sentence for a 2013 conviction at Turning Point Fresno Residential Reentry Center. On Oct. 15, 2017, he failed to return to the center as required following a day pass. A U.S. Marshals Service warrant was issued, but his whereabouts remained unknown for over five months. On March 22, 2018, when a sheriff’s deputy attempted to pull Delacruz over for a traffic violation, Delacruz attempted to flee in the car and then on foot. While he ran, he tossed a firearm into an area where children were playing. That firearm was loaded with 18 live rounds of ammunition. Fortunately, the gun was located and turned over to law enforcement.
Delacruz, an active Fresno Bulldog street gang member, has a previous felony conviction for being a felon in possession of a firearm and is prohibited from possessing a firearm or ammunition. On Dec. 2, 2019, Delacruz pleaded guilty to the offense.
This case was the product of an investigation by the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fresno County Sheriff’s Office. Assistant U.S. Attorneys Jessica A. Massey and Kimberly A. Sanchez prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Bakersfield Man Pleads Guilty to Destroying Evidence in a Federal InvestigationRead the Press Release
FRESNO, Calif. — Jerome Roberson, 33, of Bakersfield, pleaded guilty today to destroying evidence in a federal investigation, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Dec. 2, 2019, Roberson was facilitating prostitution in the Bakersfield area using his cellphone and by other means. At the time, federal agents were investigating Roberson due to his involvement in the Country Boy Crip gang in Bakersfield. Roberson smashed his cellphone in an effort to conceal evidence when he was confronted by federal agents. On Dec. 17, 2019, Roberson was charged with using a cellular device to facilitate interstate prostitution and obstruction of justice.
This case is the product of an investigation by the Federal Bureau of Investigation and the Bakersfield Police Department. Assistant U.S. Attorney Thomas Newman is prosecuting the case.
Roberson is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on Oct. 16. Roberson faces a maximum statutory penalty of 20 years in prison and a fine of up to $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Los Angeles County Woman Pleads Guilty to Conspiring to Distribute Heroin, Methamphetamine, and Cocaine on the DarknetRead the Press Release
SACRAMENTO, Calif. — Catherine Stuckey, 27, of Woodland Hills, pleaded guilty Tuesday to conspiracy to distribute controlled substances, U.S. Attorney McGregor W. Scott announced.
According to court documents, from June 2018 through May 2019, Stuckey conspired with others to operate several darknet vendor accounts, including “RaiseAppeals” on Dream Marketplace, “Diablow” on Silk Road 3.0, and “RaisedByDiablow” on Nightmare Marketplace. Through these accounts, Stuckey and her co-conspirators sold large quantities of heroin, cocaine, and methamphetamine to customers throughout the United States. Law enforcement searched the residences of Stuckey and her co-conspirators on May 16, 2019. Stuckey possessed more than 23 kilograms of methamphetamine, 1.9 kilograms of heroin, and 2.7 kilograms of cocaine.
This case is the product of an investigation by the Northern California Illicit Digital Economy Task Force (NCIDE), composed of agents from Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the Drug Enforcement Administration, and IRS Criminal Investigation. The NCIDE Task Force is a federal task force focused on targeting all forms of darknet and cryptocurrency activity in the Eastern District of California. Assistant U.S. Attorneys Grant B. Rabenn and Paul Hemesath are prosecuting the case.
Stuckey is scheduled to be sentenced by U.S. District Judge John A. Mendez on Oct. 20. Stuckey faces a maximum statutory penalty of life in prison, a 10-year mandatory minimum, and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tulare County Man Indicted for Falsely Marketing Herbal Mixtures as FDA-Approved Treatment for COVID-19Read the Press Release
FRESNO, Calif. — A Porterville man was arrested today after a federal grand jury returned a five‑count indictment on July 9, charging him with mail fraud and introducing a misbranded drug into interstate commerce with the intent to defraud, U.S. Attorney McGregor W. Scott announced.
According to the indictment, Huu Tieu, 58, is the president and chief executive officer of Golden Sunrise Pharmaceutical Inc. and Golden Sunrise Nutraceutical Inc., both headquartered in Porterville. From at least April 25 to July 9, through his companies, Tieu marketed and sold a package of herbal mixtures dubbed the “Emergency D-Virus Plan of Care,” which he claimed treated COVID-19. In materials posted on the companies’ websites and Facebook pages and in emails to the media, Tieu made a series of false statements about the Emergency D-Virus Plan of Care, including:
- That one of the mixtures in the product, called “ImunStem,” was the first dietary supplement in the United States to be FDA approved as a prescription medicine to treat serious or life-threatening conditions and had specifically been approved to treat COVID‑19. In reality, the FDA has never approved any Golden Sunrise product for any intended use and, on at least two occasions, has told Tieu in writing that ImunStem is not FDA approved; and
- That ImunStem was designated as a Regenerative Medicine Advanced Therapy (RMAT) under the 21st Century Cures Act. In reality, the FDA never granted an RMAT designation to any Golden Sunrise product, denied Tieu’s request for an RMAT designation for ImunStem in 2017, and reiterated that denial to Tieu in writing in 2019.
According to the indictment, Tieu made these misrepresentations for the purpose of soliciting customers, both patients and health care professionals, to acquire Golden Sunrise products so that he could submit reimbursement claims to the patients’ insurers, including Medicare and Medi-Cal. Tieu dispensed his products to customers in the Porterville area and also shipped the products to other parts of California and the United States.
On May 8, an undercover investigator with the Tulare County District Attorney’s Office met with Tieu in person, telling him her mother was 68 and very sick with COVID-19. The investigator asked Tieu if she should take her mother to the hospital. Tieu responded, “No. You cannot go in there,” and instead, encouraged her to use Golden Sunrise products.
“The FDA is actively monitoring the marketplace for fraudulent products claiming to treat COVID-19. Americans expect and deserve treatments that are safe, effective and meet appropriate standards, and the agency will continue to bring to justice those who place profits above the public health during this pandemic,” said Special Agent in Charge Lisa L. Malinowski, FDA Office of Criminal Investigations Los Angeles Field Office. “We commend the efforts of our law enforcement partners in this investigation and today’s announcement should serve as a reminder that we will take appropriate action against those who jeopardize the health of Americans while taking advantage of a crisis.”
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Department of Health and Human Services Office of Inspector General, the U.S. Food and Drug Administration, the U.S. Postal Inspection Service, and the California Department of Health Care Services with assistance from the Tulare County District Attorney’s Office and the California Bureau of Medi-Cal Fraud and Elder Abuse. Assistant U.S. Attorneys Vincente Tennerelli and Alexandre Dempsey are prosecuting the case.
If convicted, Tieu faces a maximum statutory penalty of 20 years in prison and a $250,000 fine on the mail fraud counts and three years in prison and a $10,000 fine on the misbranding 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
IRS Criminal Investigation and the U.S. Attorney remind taxpayers of upcoming tax filing deadline; urge taxpayers to remain vigilant of scamsRead the Press Release
SACRAMENTO, Calif. — The Internal Revenue Service Criminal Investigation division and the U.S. Attorney’s Office for the Eastern District of California reminded taxpayers of the July 15 filing and payment deadline and warned against an increase in tax and COVID-19 scams.
Due to COVID-19, the original filing deadline and tax payment due date for 2019 was postponed from April 15 to July 15. Taxpayers filing Form 1040 series returns must file Form 4868 by July 15 to obtain the automatic extension to Oct. 15.
“Although the extension provides additional time to file the tax return – it is not an extension to pay any taxes due,” said Kareem Carter, Special Agent in Charge of the IRS Criminal Investigation division in California. “For people facing hardships who cannot pay in full, including those affected by COVID-19, the IRS has several options available to help. The IRS encourages taxpayers to visit IRS.gov as soon as possible to explore these options and avoid accruing interest and penalties after the July 15 deadline.”
As the filing deadline approaches, taxpayers should beware of tax and COVID-19 related scams. “Criminals use the tax filing deadline as an opportunity to steal personal and financial information,” said U.S. Attorney McGregor W. Scott for the Eastern District of California. “Taxpayers should remain vigilant and know that the IRS will not initiate contact with them via phone, email or social media to request personal or financial information.”
In the last few months, the IRS Criminal Investigation division (CI) has continued to see a tremendous increase in a variety of Economic Impact Payment scams and other financial schemes. CI continues to work with its law enforcement partners to put a stop to these schemes and bring criminals to justice.
Taxpayers can report COVID-19 scams to the National Center for Disaster Fraud. Taxpayers can also report fraud or theft of their Economic Impact Payments to the Treasury Inspector General for Tax Administration (TIGTA). Unsolicited (phishing) emails that appear to be from the IRS should be forwarded to [email protected].
For the most up-to-date information about the tax filing deadline and IRS impersonation scams, taxpayers can visit IRS.gov. To verify the identity of an IRS Special Agent please contact [email protected].
U.S. Attorney Joins District Attorneys to Use Technology to Help Victims of Child Exploitation and Domestic ViolenceRead the Press Release
SACRAMENTO, Calif. — The District Attorneys of Alameda, Sacramento, and San Diego counties together with the U.S. Attorney’s Office for the Eastern District of California launched an online outreach campaign to help victims of domestic violence and child exploitation and abuse during the COVID-19 pandemic.
The outreach campaign was created to combat unintended consequence of COVID-19 public health measures — an alarming rise in domestic violence with victims trapped at home with their abusers, and in child exploitation as more children are pushed online for longer periods of time with school and summer camp closures. The National Center of Missing and Exploited Children (NCMEC) runs the CyberTipline, a centralized, national reporting system for the online exploitation of children. In March 2019, NCMEC received 983,734 reports and in April 2019, NCMEC received approximately 1 million reports through its CyberTipline. In March 2020, NCMEC received over 2 million reports, 4.2 million reports in April 2020.
“Our shared goal in this campaign is to help children who are being exploited by online predators, and other child abuse and domestic violence victims who are isolated and at risk during this pandemic by using one of the only available means to reach them — technology,” said U.S. Attorney Scott. “Every time one of our posts is seen or shared, it’s a chance to save a life.”
The public awareness messages are visible on Facebook and other social media platforms with a new post made each day for two weeks, with the ad campaign continuing to run through July. The posts provide information for victims with resources, such as 24-hour hotlines and other services vital to reporting abuse. The posts also provide tips for concerned friends, relatives, and educators on how they can help victims of abuse. This outreach campaign has reached more than 142,000 people, and will continue to reach more people throughout July.
A Facebook Live panel on July 10 featuring U.S. Attorney Scott and the District Attorneys of Alameda, Sacramento, and San Diego counties will discuss the current challenges facing victims and survivors of domestic violence and child abuse, and will be moderated by Childhelp, a nonprofit organization aiding victims of child abuse.
Mexican National Sentenced to 10 years in Prison for Poly-Drug Distribution ConspiracyRead the Press Release
FRESNO, Calif. — Francisco Alcantar-Miranda, aka Paquin, 31, of Mexico, was sentenced today to 10 years in prison for conspiring to manufacture, to distribute and to possess with intent to distribute methamphetamine, cocaine, heroin, and marijuana, U.S. Attorney McGregor W. Scott announced. U.S. District Judge Dale A. Drozd, who sentenced Alcantar, also ordered the forfeiture of a handgun and approximately $18,000 in cash.
On Feb. 2, Alcantar pleaded guilty and acknowledged that he assisted in manufacturing methamphetamine and storing large quantities of other drugs at an unoccupied residence in Madera. At the end of January 2019, detectives of the Madera County Sheriff’s Office Narcotic Enforcement Team (MADNET) executed a search warrant at the residence and found Alcantar, along with two other men, Oscar Rene Marrot-Garcia, 27, of Chowchilla, and Jose Monge-Ponce, 31, of Mexico. The detectives also found over 10 pounds of methamphetamine, 1 pound of heroin, 1 pound of cocaine, and 25 pounds of marijuana.
Marrot-Garcia pleaded guilty on June 12, and is scheduled for sentencing on Sept. 4. He faces a mandatory minimum statutory penalty of 10 years in prison and a maximum statutory penalty of life in prison, along with 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 Monge-Ponce, and he is scheduled for a jury trial on Oct. 26. The charges are only allegations; Monge-Ponce is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by MADNET detectives and agents of the High Intensity Drug Trafficking Area (HIDTA) High Impact Investigation Team (HIIT), consisting of agents of Homeland Security Investigations; California Department of Justice; California Highway Patrol; Fresno, Tulare, and King Counties Sheriffs’ Offices; and Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Turlock Man Sentenced for Laser Strikes on HelicopterRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced a Turlock man today to two years and three months in prison to be followed by three years of supervised release for purposefully striking a Stanislaus County Sheriff’s helicopter with the beam of a powerful laser, U.S. Attorney McGregor W. Scott announced.
In March 2018, Roger Shane John, 34, pleaded guilty. According to court documents, on the evening of Oct. 22, 2017, John struck a Stanislaus County Sheriff’s helicopter, Air 101, five to six times with a powerful green laser, causing visual interference of both the pilot and tactical flight officer and disrupting an air support response to a domestic violence call. The laser strikes occurred within the Federal Aviation Administration‑designated laser-free zone of the Modesto Airport.
According to the guilty plea, John knew that shining a laser at an aircraft is illegal. An examination of John’s laser revealed that it emitted 85 milliwatts (mW) of power and is 17 times more powerful than what is legally permissible for handheld laser devices. The Food and Drug Administration, which regulates handheld laser devices, has found that such power emission is dangerous and can cause either temporary visual effects or an eye injury.
This case was the product of an investigation by the Federal Bureau of Investigation, Stanislaus County Sheriff’s Department, and Modesto Police Department. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Chico Man Sentenced to 14 Years in Prison for Sex Trafficking of a Minor and Distribution of Methamphetamine to a MinorRead the Press Release
SACRAMENTO, Calif. — Christopher Ramonaguilar Lawrence, 25, of Chico, was sentenced today to 14 years in prison for sex trafficking of a minor and distribution of methamphetamine to a person under 21, U.S. Attorney McGregor W. Scott announced.
According to court documents and evidence presented at trial, in July and August 2017, Lawrence recruited a then 17-year-old girl to engage in prostitution for his financial benefit. Lawrence used social media to communicate with the victim, and on two occasions, he lured the victim to Chico motel rooms where he gave the victim methamphetamine, explained the methods of his prostitution business, including how to detect and evade law enforcement, and continued to recruit the victim to work for him as a prostitute. After a seven-day trial, a federal jury found Lawrence guilty on Aug. 29, 2019.
“Sex trafficking can occur in any community, and it is an exploitive, abusive crime that treats human beings as mere commodities to be bought and sold,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Our agents work closely with our local, state, and federal partners to identify individuals who are trafficking minors and adults for financial gain to disrupt this activity in the communities we serve. Today, as a result of our partnership with the Chico Police Department and Butte County Sheriff’s Office, an exploiter who entrapped his victim in a cycle of abuse and addiction will pay the penalty for his crimes, and those he exploited can take another step towards healing.”
This case was the product of an investigation by the Federal Bureau of Investigation, the Chico Police Department, and the Butte County Sheriff’s Office. Assistant U.S. Attorneys Brian A. Fogerty and Quinn Hochhalter 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.
Madera County Man Charged with Marijuana Cultivation Operation in the Sierra National ForestRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today against a Madera County man for a marijuana cultivation operation that consisted of over 1,000 marijuana plants grown in the Carter Creek watershed drainage network in the Sierra National Forest in Madera County, U.S. Attorney McGregor W. Scott announced.
The five-count indictment charged Carson Shane Wilhite, 41, of Ahwahnee, with conspiring to manufacture, distribute, and possess with intent to distribute marijuana, manufacturing marijuana, damaging public lands and natural resources, possessing firearms in furtherance of drug trafficking, and being a methamphetamine user in possession of firearms. According to the indictment, Wilhite was involved in the marijuana cultivation operation and, in furtherance of his drug trafficking activities, he possessed 12 firearms while using methamphetamine. The cultivation operation is alleged to have caused significant damage to the environment.
This case is the product of an investigation by the U.S. Forest Service, California Department of Fish and Wildlife, and the Madera County Sheriff’s Office. Integral Ecology Research Center, a nonprofit organization dedicated to the research and conservation of wildlife and their ecosystems, analyzed and documented the environmental damage. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
If convicted of the drug conspiracy and manufacturing offense, Wilhite 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 environmental charge and the charge of being a drug user in possession of firearms carry a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. The charge of possessing a firearm in connection with drug trafficking carries a mandatory minimum prison term of five years and a maximum term of life in prison and a $250,000 fine. The defendant faces a mandatory consecutive prison term of five years. In addition, he may be liable for restitution to the U.S. Forest Service for damage sustained to the land and natural resources as a result of the cultivation activities. 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.
Two Soledad Residents Sentenced for Conspiracy to Rob Chase Bank in ModestoRead the Press Release
FRESNO, Calif. — Two Soledad men were sentenced this week for conspiracy to rob the Chase Bank in Modesto, U.S. Attorney McGregor W. Scott announced. Robert Zavala, 24, was sentenced today to five years in prison, and Moises Misael Garcia DeLeon, 27, was sentenced to on Monday to four years and nine months in prison.
According to court documents, on Nov. 16, 2018, a deputy sheriff noticed a Nissan Altima that had been reported stolen from Salinas parked in a parking lot at an apartment complex in Modesto. Officers set up surveillance on the stolen Nissan and watched four cars carrying the five co-conspirators leave the apartment complex.
The cars traveled close to each other to a shopping area in Modesto that contained a Chase Bank. Zavala, who drove one of the cars, drove back and forth near the Chase Bank on surveillance.
The stolen Nissan, driven by co-defendant Victor Bravo, parked in a loading area behind the shopping center next to a car driven by Enrique Lopez. Lopez got out of his car and started loading items into the stolen Nissan. The stolen Nissan then left the loading area, drove through an alley, and parked in a parking lot near Chase Bank. Officers stopped the car and detained all four occupants. Inside the stolen Nissan, officers found two assault rifle-style firearms, a handgun, a revolver, masks, gloves, and a large duffel bag. DeLeon was sitting in the front passenger seat with an assault rifle next to him.
Three co-defendants have been sentenced. On June 2, Bravo and Lopez were each sentenced to five years in prison, and on June 15, Cesar Lemus was sentenced to four years and seven months in prison.
This case is the product of an investigation by the Federal Bureau of Investigation, the Stanislaus County Sheriff’s Department, the Modesto Police Department, the Monterey County Sheriff’s Department, San Mateo County Sheriff’s Department, Tulare County Sheriff’s Department, and Fresno County Sheriff’s Department. Assistant U.S. Attorney Ross Pearson is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Five Bay Area Residents Indicted for Burglarizing Vacaville Gun Store to Steal Guns During the Height of Recent Civil UnrestRead the Press Release
SACRAMENTO, Calif. — Five individuals were indicted Thursday for the burglary of a Vacaville gun shop, U.S. Attorney McGregor W. Scott announced.
According to court documents, on June 1, police responded to reports of suspicious activity at Guns, Fishing and Other Stuff, a two-story gun and outdoor recreation store in Vacaville. Guns, Fishing and Other Stuff is a federally licensed firearms dealer. When officers responded, four vehicles fled the scene. After a high-speed chase on Interstate 80 during which vehicles reached over 100 miles per hour, one vehicle, a rented minivan, was stopped, and its five passengers were arrested after a foot pursuit. In total, the gun store reported that over 70 firearms had been stolen.
According to the criminal complaint, inside the minivan were bolt cutters, a power saw, and 13 handguns with price tags from Guns, Fishing and Other Stuff still attached. Donte Marcel Anderson, 31, of Antioch; Desteny Estrella Leilani Salazar, 22, of San Francisco; Donley Thompson, 27, of Pinole; Tracy Whitfield, 31, of Pittsburg; and Adrian Oscar Duran, 23, of San Francisco, were arrested. They are charged with possession of a stolen firearm and burglary of a federally licensed firearms dealer.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Drug Enforcement Administration, Vacaville Police Department, Fairfield Police Department, Antioch Police Department, Vallejo Police Department, and California Department of Justice – Bureau of Firearms. Assistant U.S. Attorneys Justin L. Lee and Brian A. Fogerty are prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for both 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.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Woman Indicted After Flying from Hawaii and Attempting to Smuggle Heroin into High Desert State PrisonRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against a Honolulu woman, charging her with conspiracy to distribute heroin, and two counts of possessing heroin with intent to distribute heroin, U.S. Attorney McGregor W. Scott announced.
According to court documents, between Oct. 24, 2019, and Nov. 16, 2019, Arlene‑Alena Keko Olani, 29, conspired with an inmate at High Desert State Prison to fly from Honolulu to Sacramento, rent a car, obtain heroin, and then try to surreptitiously pass the drugs to the inmate during a contact visit at the prison.
Investigators learned of the plot by listening to recorded prison calls and decoding the calls between Keko Olani and the inmate. When Keko Olani flew from Honolulu and landed in Sacramento on Nov. 15, investigators spotted her in the airport and identified the silver Toyota Camry she rented to carry out the smuggling operation. On Nov. 16, 2019, Keko Olani arrived at High Desert State Prison in Susanville. Investigators seized heroin she had hidden on her person. They also discovered additional heroin in her rental car parked in the prison parking lot.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Corrections and Rehabilitation (CDCR), Lassen County Sheriff’s Office, Susanville Police Department, Lassen County District Attorney’s Office, and Sacramento County Sheriff’s Office. Assistant U.S. Attorney Jason Hitt is prosecuting the case.
Keko Olani made her initial appearance on March 11, and was ordered released on bond.
If convicted, Keko Olani faces 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Guilty Plea in a Refund Fraud Scheme Conducted from Hotels and Motels Throughout Northern CaliforniaRead the Press Release
SACRAMENTO, Calif. — A Salt Lake City man pleaded guilty Thursday to a conspiracy to commit bank fraud that attempted to defraud financial institutions of more than $1.5 million, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 2018 and February 2019, Talalima Toilolo, 44, conspired with Johnathon Ward and Monica Nunes, to defraud financial institutions using a scheme that exploited the merchant refund process used by businesses and retail establishments to pay back 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 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’ banks to transfer funds to the defendants’ accounts. The defendants then drained the stolen funds from the accounts. The indictment alleges that this scheme caused at least $3.5 million in intended victim losses.
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.
Nunes has pleaded guilty and is scheduled to be sentenced on Aug. 6. Charges are pending against Ward. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Toilolo is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on Sept. 17. Toilolo faces a maximum statutory penalty of 30 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.
Fresno Man Sentenced for Credit Card Fraud and Possession of Stolen MailRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced a Fresno man today to one year and one day in prison for credit card fraud and possession of stolen mail, U.S. Attorney McGregor W. Scott announced.
According to court records, from Dec. 5, 2018, through March 28, 2019, Justin Deger, 28, broke into mail boxes at various Fresno area residences and stole over 2,000 pieces of mail, including checks and 26 credit cards. He subsequently activated some of those credit cards and made unauthorized purchases and cash withdrawals at retailers and casinos totaling thousands of dollars. Deger was also ordered to pay full restitution to the victims and forfeit the proceeds of his crimes.
This case was the product of an investigation by the U.S. Postal Inspection Service and the Fresno Police Department. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton prosecuted the case.
Assistant Manager at Fresno County Retail Store Arrested for $100,000 in Credit Card FraudRead the Press Release
FRESNO, Calif. — On March 12, a federal grand jury brought a five-count indictment against an assistant manager of a Fresno-area retail store, charging her with bank fraud and use of unauthorized credit cards, U.S. Attorney McGregor W. Scott announced.
According to court documents, Alena Nicole George, 42, obtained the personally identifiable information (PII) of individuals with names similar to her own name, and obtained credit cards in those individuals’ names. For one such credit card, George made at least $100,000 in fraudulent purchases and cash advances. She was arrested today, and is scheduled to be arraigned on Thursday.
This case is the product of an investigation by the Federal Bureau of Investigation and U.S. Postal Inspection Service. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.
If convicted, George faces a maximum penalty of 30 years in prison and a $1 million fine for bank fraud, and a maximum penalty of 10 years in prison and a $250,000 fine for the unauthorized use of credit cards. 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.
Solano County Man Sentenced to 17 Years in Prison for Conspiring to Engage in Sex Trafficking of a ChildRead the Press Release
SACRAMENTO, Calif. — Jeremy Ray Warren, 26, of Vallejo, was sentenced on Monday by U.S. District Judge Kimberly J. Mueller to 17 years in prison for conspiring to engage in sex trafficking of a child, U.S. Attorney McGregor W. Scott announced.
According to court documents, between Feb. 1, 2012, and April 18, 2013, Warren trafficked two minor victims, knowing that force, threats of force, and coercion would be used to cause the minors to engage in prostitution. Between April 23 and April 25, 2013, Warren conspired with Alyssa Tegan Brulez, 26, of Vacaville, to traffic a third minor victim, and to benefit financially from commercial sex acts by the third minor victim.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Highway Patrol, the Vacaville Police Department and the Las Vegas Metropolitan Police Department. Assistant U.S. Attorney Michael M. Beckwith is prosecuting the case.
“Warren preyed on some of the weakest members of our community – children who lacked strong familial support or were suffering from other instability,” said U.S. Attorney Scott. “He exploited these weaknesses for his personal advantage and gain. The damage he caused can never be undone. The U.S. Attorney’s Office is committed to prosecuting sex traffickers, protecting children, and vindicating victims.”
“No person should ever be coerced, defrauded or sold as a mere commodity to whomever is willing to pay for illicit services,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “The FBI works with our law enforcement and community partners to ensure traffickers face justice for their crimes and their victims have an opportunity to escape the cycle of abuse. This sentence sends a clear message that exploitation will not be tolerated in the communities we serve.”
Brulez is scheduled to be sentenced by Judge Mueller on July 20.
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.
Kern County Man Charged with Firearms, Fraud, and Identity Theft OffensesRead the Press Release
FRESNO, Calif. — On June 18, a federal grand jury brought a 19-count indictment against Rogelio Benavides, 34, charging him with being a felon in possession of a firearm, bank fraud, use and possession of unauthorized credit cards, aggravated identity theft, and possession of stolen mail. Benavides was arrested on the indictment today, U.S. Attorney McGregor W. Scott announced.
According to the indictment unsealed today, between November 2018 and September 2019, Benavides obtained and received, without authorization, hundreds of pieces of stolen mail that included checks, checkbooks, and personally identifiable information (PII) belonging to other individuals and businesses. He then altered and forged checks belonging to other individuals or businesses and either cashed the checks or deposited the checks into his own bank accounts. He also used the PII belonging to the other individuals to apply for and receive unauthorized credit cards, which he used to make purchases and cash advances He used the PII belonging to the other individuals and businesses to access their bank accounts and make unauthorized payments for the unauthorized credit cards and for credit cards, loans, and insurance policies in Benavides’ own name and the names of his associates. Benavides’ scheme caused at least $95,000 in fraudulent charges to be made to other individuals’ bank accounts and credit cards.
This case is the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Vincente Tennerelli and Joseph Barton are prosecuting the case.
If convicted, Benavides faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for being a felon in possession of a firearm, a maximum statutory penalty of 30 years in prison and a fine of up to $1 million for bank fraud, a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for the counts of unauthorized use and possession of access devices, a mandatory two-year sentence consecutive to other counts for aggravated identity theft, and up to five years in prison and a fine of up to $250,000 for possession of stolen mail. 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.
Two Stockton Residents Charged with Sexual Exploitation of a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against two Stockton residents, charging them with sexual exploitation of a child, U.S. Attorney McGregor W. Scott announced.
According to court documents, between April and June 2020, Jonathan Michael Thornton, 36, and Katherine Leann Herrera, 30, produced images depicting a victim under the age of 10 engaged in sexually explicit conduct. Thornton then distributed the images on a darknet website. Thornton operates a photography business called Thornton Photography. The indictment also charges Thornton with distribution of child pornography.
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, Thornton and Herrera each face a mandatory minimum penalty 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 defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information.
South Lake Tahoe Man Charged with Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Timothy Mackey, 39, of South Lake Tahoe, charging him with distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between Feb. 5 and Feb. 26, Mackey distributed visual depictions of children engaging in sexually explicit activity. Mackey worked as a snowboarding instructor and had applied to become a foster parent prior to his arrest.
Anyone who has information related to this case or who believes their child may be a victim can contact the FBI at [email protected].
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, Mackey faces a mandatory minimum sentence of five years in prison, a maximum statutory penalty of 20 years in prison, and a fine of up to $250,000. 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.
Modesto Methamphetamine Dealers Indicted for Drug Trafficking and Being an Illegal Alien in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Raymond Rodriguez, 72, and Rigoberto Guerra-Salcedo, 54, charging them with conspiracy to distribute methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, and possessing a firearm while being an alien unlawfully in the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, Rodriguez sold kilogram quantities of methamphetamine to a confidential informant working for law enforcement in 2019 and 2020. A covert investigation determined that Guerra-Salcedo was supplying methamphetamine to Rodriguez. During the course of the investigation, law enforcement officers followed Guerra-Salcedo as he delivered wholesale amounts of methamphetamine to Rodriguez.
This case is the product of an investigation by the Tri-County Drug Enforcement Team (TRIDENT), the Drug Enforcement Administration, and Homeland Security Investigations. Assistant U.S. Attorney Justin Lee is prosecuting the case.
If convicted, Rodriguez and Guerra-Salcedo face a maximum statutory penalty of life in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fresno Man Indicted for Possession for Sale of 137 Pounds of MethamphetamineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against a Fresno man, charging him with possessing methamphetamine with the intent to distribute it and possessing firearms in furtherance of a drug trafficking crime, U.S. Attorney McGregor W. Scott announced.
According to court documents, Jesus Lopez-Zepeda, 27, negotiated to sell 60 kilograms of methamphetamine an undercover officer for $240,000. On March 12, agents seized approximately 137 pounds of methamphetamine from Lopez-Zepeda’s residence, as well as a firearm and three rifles.
This case is the product of an investigation by the High Impact Investigation Team (HIIT), a High Intensity Drug Trafficking Area Initiative (HIDTA), composed of personnel from the California Department of Justice, Homeland Security Investigations, Fresno Police Department, Fresno County Sheriff’s Office, Tulare County Sheriff’s Office, Kings County Sheriff’s Office, Fresno County District Attorney’s Office, Federal Bureau of Investigation, and the California Highway Patrol. Assistant U.S. Attorney Kathleen A. Servatius is prosecuting the case.
If convicted, Lopez-Zepeda faces a maximum statutory penalty of life in prison and a $10 million fine for the drug offense and a mandatory five year consecutive term on the firearms charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Attorney Licensed in New Jersey and New York Charged with Marijuana OffensesRead the Press Release
SACRAMENTO, Calif. — A grand jury brought a five-count indictment today against a Granite Bay resident, charging him with conspiracy to transport marijuana and concentrated cannabis oil in his Learjet, U.S. Attorney McGregor W. Scott announced.
Manish Patel, 33, is an attorney licensed in New Jersey and New York. According to court documents, between Feb. 27, 2017, and June 13, 2019, Patel allegedly conspired to fly marijuana and concentrated cannabis oil (tetrahydrocannabinol or TCH) from California across the country in his private airplane.
In May and June 2019, search warrants were executed at three locations that resulted in the seizure of approximately 1,400 pounds of marijuana contraband and $400,000 in cash. One of the locations searched was a warehouse being used as a laboratory to manufacture concentrated cannabis, where over 980 pounds of processed marijuana and over 50 pounds of concentrated cannabis were seized.
According to the criminal complaint, in January 2017, Patel is alleged to have paid $345,000 in cash for the Learjet. In August 2018, agents stopped Patel and several associates at an executive airport in Albuquerque, New Mexico and seized $80,000 in cash. When investigators searched the Learjet again in June 2019, it contained over 180 pounds of dried marijuana and over 18 pounds of THC. The flight plan for the Learjet showed that it was scheduled to fly to Colorado, then Illinois, and then New Jersey.
This case is the product of an investigation by the Drug Enforcement Administration, the El Dorado Sheriff’s Office, the El Dorado District Attorney’s Office, the Placer County Sheriff’s Office, and the Placer County District Attorney’s Office. Assistant U.S. Attorneys Kevin Khasigian and Vincenza Rabenn are prosecuting the case.
If convicted, Patel faces a mandatory minimum sentence of five years in prison and a maximum of up to 40 years in prison and a fine up to $5 million for the conspiracy to distribute marijuana and THC and possession with intent to distribute marijuana charges. He faces a maximum statutory penalty of 20 years in prison and a fine of up to $1 million for possession with intent to distribute THC. 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.
Bakersfield West Side Crip Member Sentenced to over 20 Years in Prison for Narcotics TraffickingRead the Press Release
FRESNO, Calif. — Tommie Thomas, 37, of Bakersfield, was sentenced by U.S. District Judge Dale A. Drozd on Tuesday to 20 years and six months in prison for distribution of methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Dec. 14, 2017, after a 10-month investigation, more than 35 members and associates of the West Side Crips, a local criminal street gang, were arrested on federal and state charges including burglary, illegal gun possession, drug sales, and murder. On April 4, 2019, a second superseding indictment charged Thomas, a West Side Crip member also known as “Tapp,” and co-conspirators with drug trafficking offenses. Since the December 2017 arrests, all defendants in federal custody have either been convicted of or have pleaded guilty to charged offenses.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Justice, the Bakersfield Police Department and the Drug Enforcement Administration. Assistant U.S. Attorneys Angela Scott and Thomas Newman are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF Program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Sacramento Man Sentenced for Impersonating an FBI AgentRead the Press Release
SACRAMENTO, Calif. — A Sacramento man was sentenced today by U.S. District Judge Kimberly J. Mueller to eight months in prison for impersonating an FBI agent, U.S. Attorney McGregor W. Scott announced.
“By pretending to be a FBI agent, Mr. Arushanov boldly exploited the trusted relationship the FBI has with the communities we serve,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “All FBI agents carry badges and credentials to aid identification and a call can be placed to the FBI or their local law enforcement agency to verify a claim that a person is a FBI agent on official business. Most importantly, please call 911 immediately if you feel you are in danger.”
According to court documents, on Feb. 11, Daniel Arushanov, 27, entered a Red Roof Inn in Sacramento and identified himself to the hotel clerk as a special agent with the FBI. Arushanov claimed to be involved in an investigation into underage prostitution and demanded to see a guest list for the hotel. When asked to show his badge, Arushanov refused and instead told a hotel employee to call the FBI. Arushanov left after the hotel employee called the FBI to report the incident. One of the hotel employees later identified Arushanov as the individual who posed as an FBI agent. Arushanov was arrested for impersonating a peace officer.
This case was the product of an investigation by the Federal Bureau of Investigation and the Sacramento County Sheriff’s Office. Assistant U.S. Attorney Shea J. Kenny prosecuted the case.
Former Sacramento Resident Extradited from UK to Face Federal ChargesRead the Press Release
SACRAMENTO, Calif. — Following three and a half years of extradition litigation before courts in the United Kingdom, a former Sacramento resident was arraigned today in the Eastern District of California, U.S. Attorney McGregor W. Scott announced.
On June 12, 2020, Brian Arthur Dempsey, 48, was extradited from the United Kingdom to the United States to stand trial on charges that he made false statements to an agent of the Federal Bureau of Investigation concerning his travel to Syria. He was first arrested in the United Kingdom on Jan. 18, 2017, and has been in custody since that date.
On June 23, 2016, a grand jury, sitting in the Eastern District of California, returned an indictment charging Dempsey with a single count of making false statements in a matter involving an international terrorism investigation. The indictment alleges that on or about Aug. 22, 2013, during an interview with an FBI agent at the Fiumicino International Airport in Rome, Italy, Dempsey did knowingly and willfully make and cause to be made materially false, fictitious, and fraudulent statements and representations in a matter involving international terrorism. The false statements were related to the nature of his travel to Syria in July 2013.
This case is the product of an investigation by the FBI. The Department of Justice acknowledges and expresses its appreciation of the significant assistance provided by the UK authorities. The Office of International Affairs of the Department of Justice’s Criminal Division provided significant support in securing and coordinating Dempsey’s arrest and extradition. Assistant U.S. Attorney Heiko Coppola is prosecuting the case.
If convicted, Dempsey faces a maximum statutory penalty of eight years in prison. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Bakersfield Man Sentenced for Structuring Synthetic Drug ProceedsRead the Press Release
FRESNO, Calif. — Majed Bashir Akroush, aka Magic Mike, 52, of Bakersfield, was sentenced today to two years and nine months in prison for conspiring to structure over $700,000 in cash withdrawals from four different bank accounts associated with his internet businesses that sold synthetic marijuana, U.S. Attorney McGregor W. Scott announced.
His sentencing follows his guilty plea earlier this year. According to court documents, Akroush structured cash withdrawals over a three-year period in amounts just under $10,000 in order to evade the currency transaction report filing requirements. In addition to imposing a prison sentence, the court fined the defendant $7,500 and ordered the forfeiture of the following assets owned by Akroush: real property in Bakersfield, approximately $109,555 seized from five different bank accounts, approximately $199,181 in cash seized from a safe in his residence, approximately $233,460 in cash seized from two safe deposit boxes, and a 1962 Chevrolet Impala worth $200,000.
According to court documents, during the time of the structured cash withdrawals, Akroush operated several internet businesses–Magic Man’s Wholesale, Blue Whale Wholesale, World of Incense, and Blue Bear– that distributed synthetic marijuana to convenience stores, smoke shops, and other customers throughout the country. Although marketed as a legal alternative to marijuana, the products contained illegal drugs that have much more harmful effects than marijuana. Akroush structured the proceeds derived from synthetic drug sales as a means of concealing the illegal nature of his businesses.
This case was the product of an investigation by the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, Homeland Security Investigations, and the California Highway Patrol with assistance from the U.S. Postal Inspection Service, the California Department of Motor Vehicles, Kern County Probation, Kern County Sheriff’s Office, and Bakersfield Police Department. Assistant U.S. Attorneys Karen A. Escobar and Henry Z. Carbajal III are prosecuting the case.
This case was designated an Organized Crime Drug Enforcement Task Force (OCDETF) case. The OCDETF program was established in 1982 to conduct comprehensive, multi-level attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
Mexican National Pleads Guilty to Drug Conspiracy and Guns OffensesRead the Press Release
FRESNO, Calif. — Javier Ochoa-Anaya, 49, residing in Denair, pleaded guilty today to conspiracy to distribute methamphetamine and possessing firearms in furtherance of drug trafficking offenses, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, Ochoa received a shipment of 54 kilograms of methamphetamine on Sept. 3, 2019. Ochoa enlisted the aid of co-defendant Victoria Rodriguez, to assist him in weighing and packaging the methamphetamine. On Sept. 5, 2019, agents seized the methamphetamine during a search of Ochoa’s vehicle. In addition, agents seized a cooler stored with the methamphetamine that contained 1 kilogram of cocaine, five loaded firearms, a bullet proof vest, several high capacity magazines, a substance used to dilute the drugs, and a digital scale.
This case is the product of an investigation by the Drug Enforcement Administration and the Sheriff’s Special Investigations Unit, composed of agents from the Stanislaus County Sheriff’s Department, the California Highway Patrol, the Stanislaus County District Attorney’s Office, Stanislaus County Probation, and Ceres Police Department. Assistant U.S. Attorney Kathleen A. Servatius is prosecuting the case.
Ochoa is scheduled to be sentenced on Sept. 4. He faces a maximum statutory penalty of life in prison and a $10 million fine for the drug offense and a mandatory five-year consecutive term on the firearms 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.
Victoria Rodriguez pleaded guilty to conspiring to distribute methamphetamine and is scheduled for sentencing on June 19, 2020.
Fairfield Man Convicted Twice in Six Years for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A Fairfield man pleaded guilty Thursday to being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
Antonio Tawan Bankhead, 32, was convicted of the same crime in Sacramento federal court in 2015. He violated his federal probation in that case when he committed this new offense.
According to court documents, on the evening of Oct. 11, 2019, police responded to the area of Laurel Creek Park for a report of a potential robbery involving three individuals, one of whom had a gun. As police arrived, Bankhead ignored commands to stop and began to walk away. As more police arrived and tried to cut off his path, Bankhead changed direction and started to sprint. After a pursuit by officers and a K9, Bankhead was caught in the bushes of a house across from the park, and a gun and phone he had been carrying were found on a baseball field, which was fenced in and closed to the public. The gun, a Glock Model 19 9 mm pistol, had a 30-round extended magazine, and was loaded with 30 live 9 mm rounds and one round in the chamber. Bankhead cannot lawfully possess firearms or ammunition because he has previously been convicted of three felony offenses.
This case is the product of an investigation by the Fairfield Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office. Assistant U.S. Attorney Christopher S. Hales is prosecuting the case.
Bankhead is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Aug. 27. Bankhead faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Bankhead also faces an additional maximum of two years for violating his federal probation from his 2015 conviction. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Bakersfield Truck Driving School Owner Sentenced for Scheme to Fraudulently Issue Commercial Driver’s LicensesRead the Press Release
FRESNO, Calif. — The owner of a Bakersfield truck driving school was sentenced today for his role in a conspiracy to sell California commercial driver’s licenses to unqualified drivers, U.S. Attorney McGregor W. Scott announced.
U.S. District Judge Dale A. Drozd sentenced Paramjit Singh Mangat, 56, of Bakersfield, to 14 months in prison and a $10,000 fine for his conviction on one count of unlawful production of an identification document and aiding and abetting. The court also finalized an order for forfeiture of $100,000 that had been seized as proceeds from the fraud scheme.
According to court documents, Mangat operated driving schools in Bakersfield that ostensibly provided training to those seeking to obtain driver’s licenses, including Akal Truck Driving School and Akal Driving School. When students had difficulty passing DMV examinations, in return for money, Mangat offered to assist them in obtaining fraudulently issued, yet official licenses through Mangat’s contact Javier Jesus Hernandez-Herrera, 56, then a DMV employee.
According to court documents, from approximately June 2012 through Aug. 24, 2016, Mangat conspired with Herrera, then a Licensing Registration Examiner at a DMV office in Bakersfield. In return for monetary payment, Herrera agreed to access the students’ DMV records and alter the records to reflect that the individual had passed DMV written and/or behind-the-wheel examinations, when, in fact, the individual had not passed one or more required DMV tests. Herrera’s alteration of the records resulted in the DMV issuing a California driver’s license and mailing it to that individual.
Herrera pleaded guilty on Nov. 12, 2019, and is scheduled to be sentenced on Aug. 14, 2020. Herrera faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the product of an investigation by Homeland Security Investigations and the California DMV, Investigations Division Office of Internal Affairs. Assistant U.S. Attorneys Henry Z. Carbajal III and David L. Gappa are prosecuting the case.
Five Bay Area Residents Face Federal Charges for Vacaville Gun Store BurglaryRead the Press Release
SACRAMENTO, Calif. —, Five individuals face federal charges for the burglary of a Vacaville gun shop, U.S. Attorney McGregor W. Scott announced.
According to court documents, on June 1, police responded to reports of suspicious activity at Guns, Fishing and Other Stuff, a two-story gun and outdoor recreation store in Vacaville. Guns, Fishing and Other Stuff is a federally licensed firearms dealer. When officers responded, four vehicles fled the scene. After a high-speed chase, one vehicle, a rented minivan, was stopped, and its five passengers were arrested after a foot pursuit.
According to the criminal complaint, inside the minivan were bolt cutters, a power saw, and 13 handguns with price tags from Guns, Fishing and Other Stuff still attached. Donte Marcel Anderson, 31, of Antioch; Desteny Estrella Leilani Salazar, 22, of San Francisco; Donley Thompson, 27, of Pinole; Tracy Whitfield, 31, of Pittsburg; and Adrian Oscar Duran, 23, of San Francisco, were arrested. They are charged with possession of a stolen firearm and burglary of a federally licensed firearms dealer
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Vacaville Police Department. Assistant U.S. Attorney Justin Lee is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 10 years in prison and a fine of up to $250,000 for both 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Yuba County Man Pleads Guilty to Possession of Child PornographyRead the Press Release
SACRAMENTO, Calif. — John Maasen, 65, of Olivehurst, pleaded guilty today to possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Jan. 16, 2019, Maasen knowingly possessed visual depictions of minors engaged in sexually explicit conduct. Maasen has a prior conviction by the State of California for lewd and lascivious acts on a child under the age of fourteen.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Shea J. Kenny and Amy S. Hitchcock are prosecuting the case.
Maasen is scheduled to be sentenced by U.S. District Judge John A. Mendez on Sept. 15. Maasen faces a minimum statutory penalty of 10 years in prison and a maximum penalty of 20 years in prison, as well as 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.
Community Leaders and Federal, State and Local Law Enforcement Call for Justice, Unity and PeaceRead the Press Release
SACRAMENTO, Calif. — Community leaders and federal, state and local law enforcement partners join together to condemn the death of George Floyd in Minneapolis and to call for justice, unity and peace,
U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, Sacramento County District Attorney Anne Marie Schubert, Sacramento County Sheriff Scott Jones, Sacramento Chief of Police Daniel Hahn, and the following community leaders announced.Sacramento NAACP
President Betty WilliamsVallejo NAACP
President Jimmie JacksonMadera NAACP
President Gloria BrownKings County, Hanford Unit, NAACP
Dr. Crystal JacksonThe 100 Black Men of Sacramento
President Richard CorneliusMLK Celebration Committee
President Toni GreenwellOrganization of Chinese Americans Sacramento
President Jinky DolarChurch of Scientology of Sacramento
President Mike KlagenbergSacramento Afghan Community
President Abdul Karim YusufzaiWest Sacramento Gurdwara
Public Relations Officer Darshan MundyRacial Healing Project
President Jan MerrillShasta County Citizens Advocating Respect
Chair Susan Morris-WilsonCenter for Interfaith Studies in America
CEO Jon FishInterfaith Council of Sacramento
President Edrine Ddungu
Public Relations Officer Akram KevalInterfaith Council of Elk Grove
President Dr. Richard ShankarIslamic Center of Vallejo
Secretary Najim KhanSikh Community of Fresno
Ike GrewalJapanese American Citizens League
President Janice LuszczakInternational Faith Based Coalition
Bishop Ron AllenSacramento Regional Coalition for Tolerance
President Susie WongGethsemane Lutheran Church of Sacramento
Reverend Jason BenseTwin Rivers Unified School District
Trustee Ramona LanderosGreater Solomon Temple Community Church
Pastor Bishop Ron AllenLutheran Church of our Redeemer
Reverend Jason BenseCalifornia Council of Churches
Policy Advocate Libby SholesJewish Federation of Sacramento CEO Willie Recht
President Deborah GonzalezJewish Community Relations Council Chair Bruce Pomer
Benito Juarez Association of North Sacramento
Founder Ramona LandarosMi Familia Vota
Calif. State Director Samuel MolinaLa Raza Lawyers Foundation President Michael Terhorst
Sacramento Valley Family Federation for World Peace
Pastor Charles de WattevilleLeonard M. Friedman Bar Association
President Misha IgraNorth State Relief
Secretary Joshua CookInterfaith Explorers
President Rachel Lyman and Reverend Dave LymanYeshua Helping Hands, Inc.
Pastor Elizabeth MassWestminster Presbyterian Church of Sacramento
Pastor Wes NordmanKutchi Cultural Association
Akram Keval and Aslam AhmePeaceful protest is a time-honored tradition in our country that is protected by the First Amendment. The peaceful protests in Sacramento, Fresno, Bakersfield, and around our country are addressing real and legitimate concerns about what happened to Mr. Floyd. Law enforcement supports the community’s right to peacefully protest and strives to protect this important right. But violence and destruction are not acceptable in our community nor in any other city in our country. It endangers our community, including those exercising their right to protest peacefully and those protecting that right.
“In this difficult time for our country, we stand together as one community to call for unity and peace, not division,” said U.S. Attorney Scott. “We stand together to call for justice, not violence and lawlessness. We call on our community to model peaceful protests like the one Chief Hahn and other community leaders joined in Sacramento on June 3.”
“Our mission is to protect the American people and uphold the Constitution,” said FBI Special Agent in Charge Ragan. “The FBI respects the First Amendment right to peacefully protest and be heard. Our investigative focus is on those who sow seeds of violence and destruction. These acts interfere with the rights of protestors and harm the community.”
On June 1, U.S. Attorney Scott convened the U.S. Attorney’s Hate Crimes Task Force, including community leaders, the FBI, and local law enforcement, to hear the concerns of community leaders and to identify positive steps to take going forward. The U.S. Attorney’s Office, FBI, Sacramento County District Attorney’s Office, Sacramento County Sheriff’s Department, Sacramento Police Department, and other federal, state, and local law enforcement are committed to safeguarding the constitutionally protected right to peaceful protest and continuing to work together with our community leaders to promote justice, unity, and peace for all.
Stockton Man Charged with Sexual Exploitation of a MinorRead the Press Release
SACRAMENTO, Calif. — A Stockton man was arrested on Tuesday and charged with production and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, from April to June 2020, Jonathan Thornton, 36, produced images depicting a seven-year-old engaged in sexually explicit conduct. He then distributed the images on a darknet website. Thornton operates a photography business called Thornton Photography.
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, Thornton faces a mandatory minimum 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.
Two Sentenced to 5 Years in Prison for Modesto Bank Robbery ConspiracyRead the Press Release
FRESNO, Calif. — Soledad residents Enrique Lopez, 28, and Victor Bravo, 25, were each sentenced today to five years in prison for conspiracy to commit armed bank robbery, U.S. Attorney McGregor W. Scott announced.
According to court documents, on Nov. 16, 2018, a deputy sheriff noticed a Nissan Altima parked in a parking lot at an apartment complex in Modesto that had been reported stolen from Salinas. Officers set up surveillance on the stolen Nissan and watched four cars carrying the five co-conspirators leave the apartment complex.
The cars traveled close to each other to a shopping area in Modesto that contained a Chase Bank. One co-conspirator drove back and forth past the Chase Bank, talking to the other conspirators on the phone.
The stolen Nissan, driven by Bravo, parked in a loading area behind the shopping center next to a car driven by Lopez. Lopez got out of his car and started loading items into the stolen Nissan. The stolen Nissan then left the loading area, drove through an alley, and parked in a parking lot near Chase Bank. Officers stopped the car and detained all four occupants. Inside the stolen Nissan, officers found two assault rifle-style firearms, a handgun, a revolver, masks, gloves, and a large duffel bag.
This case is the product of an investigation by the Federal Bureau of Investigation, the Stanislaus County Sheriff’s Department, the Modesto Police Department, the Monterey County Sheriff’s Department, San Mateo County Sheriff’s Department, Tulare County Sheriff’s Department, and Fresno County Sheriff’s Department. Assistant U.S. Attorney Ross Pearson is prosecuting the case.
Three other defendants have pleaded guilty are scheduled to be sentenced by U.S. District Judge Dale A. Drozd. The defendants face a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
This case is also part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see www.justice.gov/projectguardian.
Mexican National Pleads Guilty to Cultivating Marijuana on Public LandsRead the Press Release
FRESNO, Calif. — Marco Lizandro Duarte-Beltran, aka Marco Antonio Duarte-Beltran, 34, an illegal alien from Mexico, pleaded guilty today to conspiring to manufacture, distribute, and possess with intent to distribute marijuana, U.S. Attorney McGregor W. Scott announced.
According to court documents, Duarte-Beltran cultivated 1,082 marijuana plants in the Millwood Creek area of the Sequoia National Forest for four months. Duarte-Beltran was apprehended at the marijuana cultivation site after a two-month investigation. He was wearing camouflage clothing and was armed with a loaded revolver.
The marijuana cultivation operation caused extensive environmental damage: native vegetation and tree limbs had been cut down to make room for the plants; three areas had been terraced for the campsite where Duarte-Beltran resided; water had been diverted from a water source on federal land to irrigate the plants; irrigation tubing, trash, seed trays, seed pots, fertilizers, and pesticides were scattered throughout the grow site. It will cost $12,644 to clean up the area, which Duarte-Beltran has agreed to pay.
This case is the product of an investigation by the U.S. Forest Service. Homeland Security Investigations, the Enforcement and Removal Operations, the Campaign Against Marijuana Planting (CAMP), the California National Guard, and the Fresno County Sheriff’s Office assisted in the investigation. Integral Ecology Research Center, a non-profit organization dedicated to the research and conservation of wildlife and their ecosystems, analyzed and documented the environmental damage. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Duarte-Beltran is scheduled for sentencing on Aug. 24. He faces a mandatory minimum term of 10 years in prison, a maximum term 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.
Federal, State and Local Law Enforcement Statement on the Death of George Floyd and RiotsRead the Press Release
SACRAMENTO, Calif. — Federal, state and local law enforcement partners join together to condemn the death of George Floyd in Minneapolis and offer sincere condolences to his family and colleagues, U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, Sacramento County District Attorney Anne Marie Schubert, Sacramento County Sheriff Scott Jones, and Sacramento Chief of Police Daniel Hahn announced.
Mr. Floyd’s death is being addressed through our criminal justice system, which is moving quickly. The state prosecutor has brought murder charges against a former Minneapolis police officer. As United States Attorney General Barr announced on May 29, the Department of Justice, including the FBI, is also conducting an independent investigation to determine whether any federal civil rights laws were violated.
Peaceful protest is a time-honored tradition in our country, and we in law enforcement strive to protect these important First Amendment rights. The majority of those protesting are doing so peacefully. But when protests turn violent, this endangers the community, and law enforcement must act to protect the community. As a civilized society based upon the rule of law, we will not tolerate violence, anarchy or chaos that threatens the safety of the community.
Federal, state, and local law enforcement will continue to work together to protect the community’s First Amendment rights and to protect the community from violence and lawlessness. Federal and state felony statutes may apply.
“As part of the community, we share the concerns about George Floyd’s death,” said U.S. Attorney Scott. “We also recognize that his death comes at a time when we are also fighting, as a nation, an unprecedented pandemic that has taken its toll across our country and our District. Together with state and local law enforcement, we have reached out to our community leaders to address the real and legitimate concerns about what happened to Mr. Floyd and to identify positive steps we can take going forward. Please join me in a call for unity and peace, not violence, as we work together during this difficult time.”
The FBI Sacramento Field Office is deeply committed to protecting the civil rights of all people within the 34 California counties we serve,” said Special Agent in Charge Sean Ragan. “The FBI steadfastly investigates all allegations involving the deprivation of civil rights, including ‘color of law’ violations – official actions taken by persons acting under the authority of local, state, federal, or tribal laws to willfully deprive someone of a right or privilege secured or protected by the Constitution or laws of the United States. No one is above or beyond the law. The communities we serve can depend on the FBI to methodically collect facts in order to provide unbiased and independent investigative results so prosecutors can make a charging decision.”
DOJ Increases Efforts to Combat Sexual Harassment in Housing During the COVID 19 PandemicRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.
The COVID-19 Pandemic has impacted the ability of many people to pay rent on time and has increased housing insecurity. The Department of Justice has heard reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and the Department of Justice stands ready to investigate such allegations and pursue enforcement actions where appropriate.
The U.S. Attorney’s Office for the Eastern District of California will work closely with state and local partners to identify incidents of sexual harassment in housing.
The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.
Launched in 2017, the Initiative has filed lawsuits across the county alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department of Justice, through the Civil Rights Division and the U.S. Attorney’s Offices, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing [email protected].
Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.