FEDERAL DISTRICT ARCHIVE
Eastern District of California
Press releases recorded for this federal judicial district.
Bakersfield Man Sentenced to a Year in Prison for Assaulting Postal EmployeeRead the Press Release
FRESNO, Calif. — Donald Landry Beverly, 25, of Bakersfield, was sentenced Monday to one year and one day in prison for assaulting a federal officer, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 19, 2018, Beverly confronted a letter carrier for the United States Postal Service while she was performing her regular mail delivery duties. He complained to the letter carrier that certain mail that he was expecting had not been delivered. After an extended discussion, Beverly slammed his forearm and elbow against her face and shoulder without warning or provocation. The assault resulted in significant bruising to her face and arm.
This case was the product of an investigation by the U.S. Postal Inspection Service. Assistant U.S. Attorneys Brian Delaney, Brian Enos, and Katherine Schuh prosecuted the case.
Benicia Man Sentenced to 6 Months in Prison for Bankruptcy FraudRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Kimberly J. Mueller sentenced Steven Brian Homan, 62, of Benicia, today to six months in prison, to be followed by two years of supervised release, for one count of concealment of bankruptcy assets, U.S. Attorney McGregor W. Scott announced.
According to court documents, Homan sought protection from and discharge of more than $1.3 million in personal and business debt. He also wanted to preserve a non-exempt cabin in Redding from liquidation. To protect the cabin, Homan arranged to sell it from his bankruptcy estate to a relative for $100,000. However, Homan concealed from the bankruptcy trustee that the cabin had been destroyed by fire before the trustee accepted the offer.
After the fire, Homan filed an insurance claim that settled for more than $258,000 in losses associated with the cabin and personal property contained in the cabin at the time of the fire. That money constituted property of the bankruptcy estate, which Homan concealed from the trustee. After the sale of the cabin was complete, the bankruptcy trustee learned of the fire and concealed insurance settlement.
This case was the product of an investigation by the Federal Bureau of Investigation and the IRS Criminal Investigation. Assistant U.S. Attorney André M. Espinosa prosecuted the case.
Bakersfield Man Sentenced for Conspiring with Police Officers to Sell Methamphetamine and MarijuanaRead the Press Release
BAKERSFIELD, Calif. — Noel Carter, 45, of Bakersfield, was sentenced today for conspiring with Bakersfield police officers Damacio Diaz and Patrick Mara to distribute methamphetamine and marijuana that Diaz and Mara seized in the course of their duties as police officers, U.S. Attorney McGregor W. Scott announced.
U.S. District Judge Lawrence J. O’Neill sentenced Carter to seven and a half years in prison, to be followed by five years of supervised release. Carter was also ordered to pay $70,513 in restitution to his former employer and to forfeit $286,251 representing proceeds from his drug trafficking activity.
According to court documents, from April 2012 to August 2015, Carter conspired with Diaz and Mara, who deliberately failed to submit the seized drugs into the Bakersfield Police Department evidence room and instead provided the stolen narcotics to Carter so that Carter could sell those narcotics for profit.
In May 2016, Diaz pleaded guilty to possessing with the intent to distribute methamphetamine, as well as receiving bribes and making a false income tax return. In June 2016, Mara pleaded guilty to conspiring to distribute, and to possess with the intent to distribute, methamphetamine. Both were removed from active duty with the Bakersfield Police Department and are currently serving federal prison sentences.
According to the plea agreement in October 2018, Carter agreed to pay restitution to Pacific Workplaces, his former employer. Starting in September 2016 and up until his termination in September 2017, Carter was a contract manager for Pacific Workplaces, a virtual office and short-term office rental business. Carter admitted to embezzling money from the company and depositing the money into his personal account.
This case was the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the IRS Criminal Investigation, and the Bakersfield Police Department. Assistant U.S. Attorneys Brian K. Delaney and Angela Scott prosecuted the case.
Bakersfield Man Charged with Shipping Heroin, Methamphetamine, Fentanyl, and CocaineRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment on Thursday, April 4, 2019, against Jose Luis Rivas Jr., 26, of Bakersfield, charging him with conspiracy to distribute and possess with intent to distribute, heroin, methamphetamine, cocaine and fentanyl, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 2016 and May 2018, Rivas conspired with another Bakersfield man, Juan Pina, 23, to use a national parcel service company to ship packages of narcotics to various distributors around the country. Records filed with the court indicate that Rivas and Pina made kilogram-quantity shipments of controlled substances on several occasions.
On May 3, 2018, search warrants were executed for Pina’s residence and vehicle. Pina was arrested while driving his vehicle and in the back seat was a three-foot-long rectangular box, similar in size to the earlier shipments. The package was searched and found to contain approximately 700 grams of cocaine. In a search of Pina’s home, agents recovered over 2 pounds of heroin, over 2 pounds of cocaine, approximately 70 grams of methamphetamine as well as a loaded handgun and three long guns all found within close proximity to the drugs.
On March 27, 2019, when search warrants were executed for Rivas’s residence, agents recovered 12 cellphones and arrested Rivas.
On April 8, 2019, Juan Pina plead guilty to conspiracy to distribute and possess with intent to distribute, cocaine, methamphetamine, and heroin.
This case is the product of an investigation by Homeland Security Investigations and Bakersfield Police Department. Assistant U.S. Attorneys Brian K. Delaney and Thomas Newman are prosecuting the case.
If convicted, Rivas faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Pina is scheduled to be sentenced on August 12. He faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
U.S. Attorney Announces the Indictment of Fentanyl and Heroin Darknet Vendors, and the Results of Coordinated Federal Operation Targeting Darknet Drug TraffickingRead the Press Release
SACRAMENTO, Calif. — A Rancho Cordova woman was indicted on Thursday, charged with distribution of fentanyl and oxycodone and other opioids as a result of a coordinated operation by the U.S. Attorney’s Office, the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, and the U.S. Postal Inspection Service that has identified, disrupted, and prosecuted illegal operators on the darknet.
U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, HSI Special Agent in Charge Ryan L. Spradlin, DEA Special Agent in Charge Christopher Nielsen, and USPIS Inspector in Charge Rafael E. Nunez made the announcement today.
U.S. Attorney Scott stated: “Building on the seizure and shut-down of the AlphaBay criminal marketplace in 2017, the cases we are discussing today continue to send a clear message, that if you choose to engage in criminal transactions on the darknet, you will have federal law enforcement from every district and state across the nation pursuing you. There is no hiding, no safety, and no anonymity in the darknet.”
“The darknet supports an illegitimate commerce system where criminals think they can anonymously traffic dangerous substances and goods into the Unites States,” said Ryan L. Spradlin, Homeland Security Investigations Special Agent in Charge for northern California. “HSI is watching and taking down criminals by using innovative technology and uniquely trained analysts and special agents to uncover this type of illicit and dangerous activity. Our country is in the midst of a serious opioid addiction crisis; and some users will do anything to get their hands on drugs like fentanyl. Tens of thousands of people die every year from overdosing on opioids. We all need to do our part to police the streets and all corners of the internet to make sure people do not have unlimited access to these potentially deadly substances.”
“The darknet has become a one-stop shop for individuals peddling powerful opioids, like fentanyl, because of the anonymity it seemingly offers to those who seek to evade detection. As these investigations demonstrate, sophisticated technology is no match for law enforcement when resources and expertise are combined to achieve a common public-safety goal. We will identify and prosecute those who distribute drugs under this illusion of secrecy,” stated DEA Special Agent in Charge Chris Nielsen.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors are continuously working with the U.S. Attorney’s Office and our partners in law enforcement in operations just like this one to keep dangerous drugs out of the communities we serve.”
The operation, which was initiated in September of last year, has yielded 14 arrests, four indictments, and 40 search and tracking warrants. In addition, agents have seized $423,912 in U.S. currency, $1,937,410 in cryptocurrency, four vehicles, two pill presses, and six firearms. Agents have also made large seizures of narcotics, including heroin, cocaine, methamphetamine, LSD, psilocybin mushrooms, marijuana, and oxycodone.
Two recent cases exemplify the work of the coordinated operation.
United States v. Carrie Alaine Markis, et al. (Case No. 2:19-cr-062 JAM):
On April 4, 2019, a federal grand jury returned a six-count indictment against Carrie Alaine Markis, 42, of Rancho Cordova, charging her with distribution of fentanyl, distribution of oxycodone, and conspiracy.
According to court documents, Markis was a registered California nurse who sold more than 20,000 prescription opioid pills and products on various darknet sites, including Silk Road 2.0, Pandora, and AlphaBay. Between 2013 and 2016, she purchased legitimate prescriptions from willing sellers. Then, she resold these pills and patches through her darknet business, “Farmacy41,” which she ran from her Rancho Cordova home.
Markis’s business operated on Silk Road 2.0 from November 2013 through May 2014. During this time, Markis sent private messages to her customers revealing that she was a licensed California medical professional. She sold more than 8,500 hydrocodone pills and more than 2,500 oxycodone pills. In combination with other sales of morphine, hydromorphone, fentanyl, and methadone, Markis earned about $230,000 in Bitcoin at the time.
Markis’s Farmacy41 business operated on Pandora from December 2013 through August 2014. During this time, she again sold more than 2,500 hydrocodone and more than 2,000 oxycodone pills. In combination with other sales of morphine, hydromorphone, methadone, and fentanyl, she completed about 393 transactions and earned about $122,000 in Bitcoin at the time.
On AlphaBay, Markis operated her Farmacy41 business from November 2015 through April 2016. There, she completed about 262 transactions for hydrocodone, oxycodone, morphine, methadone, and fentanyl. At the time, her Bitcoin earnings were worth about $74,000.
Federal agents searched Markis’s residence on January 24, 2019, and found about $1.8 million in Bitcoin held on a cold storage cryptocurrency wallet. Agents also found about $234,000 in cash. Markis was arrested on a federal complaint and made her initial appearance in court on January 25, 2019.
Andrea Michelle Jordan, aka Jill Jordan, 52, was arrested April 4, 2019, in Elk Grove. According to court documents, Jordan allegedly purchased legitimate pill and patch prescriptions from sellers in the area and then provided these to Markis, who then sold them to customers through Markis’ Farmacy41 darknet storefronts.
Assistant U.S. Attorney Amanda Beck is prosecuting the case. If convicted, Markis 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.
United States v. Jason Keith Arnold, et al. (Case No. 2:19-cr-043-MCE):
On March 7, 2019, a federal grand jury returned a five-count indictment against Jason Keith Arnold, 45, David Lee White, 49, and Alicia Marie McCoy, 30, all of Chandler, Arizona, charging them with distribution of heroin and methamphetamine, and conspiracy. According to court documents, Arnold, White, and McCoy operated the vendor accounts “TheSickness” and “SicknessVersion2” on Dream Marketplace, through which they conducted more than 3,000 transactions for heroin and methamphetamine to customers throughout the country.
Federal agents conducted several undercover purchases of heroin from SicknessVersion2 from May 2018 through October 2018. In the parcels received by agents, the purchased heroin was placed inside Haribo Gold gummy bear packages. All of the parcels were mailed from the Chandler, Arizona area. One of the undercover purchases was paid for with a postal account controlled by Arnold. Agents conducted surveillance of post offices in the Chandler, Arizona region and were able to determine that White and McCoy were mailing a large volume of parcels and were purchasing thousands of dollars in stamps. Arnold, White, and McCoy also held accounts at a cryptocurrency exchange company in which they exchanged hundreds of thousands of dollars in Bitcoins for U.S. currency.
On February 21, 2019, federal agents executed search and arrest warrants at Arnold’s residence, his tattoo shop, and a motel room occupied by White and McCoy. In the motel room, agents found heroin, and methamphetamine. Agents also found heroin at Arnold’s residence.
Assistant U.S. Attorneys Grant Rabenn and Paul Hemesath are prosecuting the case. Arnold made his initial appearance in Phoenix, Arizona on February 22, 2019. White made his initial appearance in Sacramento, on March 21, 2019. McCoy made her initial appearance in Sacramento, on March 7, 2019.
If convicted of conspiracy, Arnold, White, and McCoy face a maximum statutory penalty of life in prison, a mandatory minimum of 10 years in prison, and a $10 million fine. If convicted of distribution of a controlled substance, Arnold, White, and McCoy face a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
These and other cases are the product of investigations by the Northern California Illicit Digital Economy (NCIDE) task force, which is composed of the Federal Bureau of Investigation, Homeland Security Investigations, the Drug Enforcement Administration, and the United States Postal Inspection Service. The Rancho Cordova Police Department and Health and Human Services, Office of Inspector General assisted in U.S. v. Markis.
These cases were brought in conjunction with the Joint Criminal Opioid Darknet Enforcement (J-CODE) Team. Established within the FBI’s Hi-Tech Organized Crime Unit, J‑CODE is an initiative announced in January 2018, targeting drug trafficking, especially fentanyl and other opioids, on the darknet. Building on the work initiated with the takedowns of Silk Road and AlphaBay, the FBI’s J-CODE team brings together agents, analysts, and professional staff with expertise in drugs, gangs, health care fraud, and more, and our federal, state, and local law enforcement partners from across the U.S. Government, to focus on disrupting the sale of drugs via the Darknet and dismantling criminal enterprises that facilitate this trafficking.
Sherman Oaks Man Pleads Guilty to Conspiring to Launder Money from Illegal Gambling BusinessRead the Press Release
SACRAMENTO, Calif. — Atir Dadon, 34, of Sherman Oaks, pleaded guilty today to conspiring to launder money, U.S. Attorney McGregor W. Scott announced.
According to court documents, between October 2016 and November 2017, Dadon conspired to launder money with his co-defendants, Orel Gohar, 28, of San Francisco, and Bar Shani, 27, of San Francisco. Orel Gohar and co-defendant Yaniv Gohar, 35, of Berkeley, operated an illegal gambling business that placed and maintained video slot machines at businesses in Northern California, including locations in the Eastern District of California. Dadon, Shani, and Orel Gohar conspired to launder the proceeds of the illegal gambling business.
According to court documents, Dadon, Shani, and Orel Gohar agreed that Orel Gohar would give cash proceeds from the Gohars’ gambling business to Dadon and Shani, who would use the cash to pay the workers in their cosmetics business. They agreed that in exchange for the cash from Orel Gohar, Dadon and Shani would arrange for Orel to receive checks from the cosmetics business. To conceal the fact that the financial transactions involved the proceeds of illegal activity, Dadon, Shani, and Orel used code words in their conversations about the transactions, referring to the money as bottles of alcohol or other non-cash items. Dadon also put false memo lines on the checks to Orel Gohar, indicating that Gohar had providing consulting and training services, when in fact he had not done so. Between October 2016 and November 2017, Dadon laundered over $150,000 from the Gohars’ gambling business.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Department of Justice – Bureau of Gambling Control. Assistant U.S. Attorneys Matthew M. Yelovich and Miriam R. Hinman are prosecuting the case.
Yaniv Gohar and Orel Gohar fled the United States upon their release in December 2017 and remain at large. Anyone with information about their whereabouts should call the Federal Bureau of Investigation at (916) 746-7000. Bar Shani is detained pending trial. Co-defendant Adam Atari, 35, of Sherman Oaks, charged with conspiring to launder money with Yaniv and Orel Gohar and with witness tampering, is also detained. Co-defendant Raz Razla, 48, of Sherman Oaks, charged with making false statements to the grand jury, is out of custody. Co-defendant Eran Buhbut, 33, of Oakland, charged with operating an illegal gambling business, is also out of custody. Co-defendant May Levy, 28, of Walnut Creek, charged with operating an illegal gambling business, pleaded guilty.
Dadon is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr., on July 12, 2019. Dadon faces a statutory maximum penalty of 20 years in prison and a fine of up to $500,000, or twice the value of the monetary instrument or funds involved, whichever is greater. 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.
Three Indicted for Manufacture of Methamphetamine in MaderaRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Oscar Rene Marrot-Garcia (Marrot), 26, of Chowchilla, and Mexican nationals Jose Monge Ponce (Ponce), 26, and Francisco Alcantar-Miranda (Alcantar), 30, charging them with conspiring to manufacture, to distribute and to possess with intent to distribute methamphetamine, cocaine, heroin, and marijuana, manufacturing methamphetamine, possessing with intent to distribute methamphetamine, cocaine, heroin, and marijuana, and maintaining drug premises, U.S. Attorney McGregor W. Scott announced.
According to court documents, Marrot rented a rural residence in Madera in December 2018 and set up a methamphetamine lab there. Joined by Ponce and Alcantar, the three assisted in manufacturing methamphetamine and storing large quantities of other drugs at the unoccupied Madera residence. At the end of January law enforcement executed a search warrant at the residence and found all three men there. They also found 22.4 pounds of methamphetamine in solution, 14 pounds of finished methamphetamine, 1 pound of cocaine, 2 pounds of heroin, and 25 pounds of marijuana. A handgun with a fully loaded magazine was also found.
This case is the product of an investigation by the Madera County Narcotic Enforcement Team (MADNET) and the High Intensity Drug Trafficking Area (HIDTA) team, which consists of agents from Homeland Security Investigations, California Department of Justice, California Highway Patrol, Fresno, the Sheriffs’ Offices of Tulare, and King Counties, and the Fresno Police Department. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
If convicted of the drug conspiracy, manufacturing, and possession with the intent to distribute charges, the defendants face 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. As to maintaining drug premises, the defendants face a maximum statutory penalty of 20 years in prison and a $500,000 fine. The defendants may also be responsible to pay any cleanup costs associated with the disposal of the hazardous materials. 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 County Man Indicted on Conspiracy, Armed Robbery, and Fraud ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a nine-count indictment today against Damian Deleal, 30, of Carmichael, charging him with conspiracy to commit offenses against the United States, armed robbery of a U.S. Mail carrier, possession of a stolen Postal Service key, bank fraud, aggravated identity theft, and possession of stolen U.S. mail, U.S. Attorney McGregor W. Scott announced.
According to court documents, in March 2018, Deleal conspired with other individuals to rob a mail carrier of a U.S. Postal Service key that was capable of opening numerous residential mailboxes in Sacramento. Deleal conspired to obtain the key so he and his coconspirators – including Jayce Powell, Brandon Moses, and Loren Patrick – could commit bank fraud and identity theft using bankcards, checks, and other financial instruments stolen from the mail.
On March 9, 2018, in South Sacramento, an unnamed co-conspirator robbed a mail carrier at gunpoint and took a Postal Service key. Although the gun resembled a real firearm, investigators later determined it was a BB gun that Deleal supplied as part of the conspiracy. During the following week, Deleal, Powell, Moses, and Patrick used the key to steal mailed bankcards and checks. They then posed as the victims and attempted to use their bankcards and checks to purchase goods and obtain cash.
Deleal and Powell further conspired to fraudulently claim reward money offered for information relating to the robbery and the stolen Postal Service key. In executing this plan, they planted the stolen key on Moses while he was sleeping in his car and called the U.S. Postal Service to report Moses’ location and inquire about the reward. After receiving this tip, investigators worked quickly to make arrests and learned that Deleal orchestrated the conspiracy and related crimes.
This case is the product of an investigation by the U.S. Postal Inspection Service, the Sacramento County Sheriff’s Department, and the Sacramento Police Department. Assistant U.S. Attorney Michelle Rodriguez and Special Assistant U.S. Attorney Robert J. Artuz are prosecuting the case.
Deleal is currently in custody on unrelated charges. Powell, Moses, and Patrick have already pleaded guilty to federal charges in the following related cases in this district: U.S. v. Patrick, 2:18-cr-079-MCE; U.S. v. Powell, 2:18-cr-083-MCE; and U.S. v. Moses, 2:18-cr-090‑MCE.
If convicted of bank fraud, Deleal faces a maximum statutory penalty of 30 years in prison and a $1 million fine. If convicted of armed robbery, he faces a maximum statutory penalty of 25 years in prison and a $1 million fine. If convicted of aggravated identity theft, he faces a mandatory sentence of two years in prison consecutive to any other sentence imposed. The maximum sentence for conspiracy is five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican National Charged for Failure to Register or Update His Registration as Sex OffenderRead the Press Release
FRESNO, Calif. — A federal grand jury returned a one-count indictment today against Jose Reyes-Delgado, 57, a Mexican national residing in Fresno, charging him with failure to register or update his registration as a sex offender, U.S. Attorney McGregor W. Scott announced.
According to court documents, from April 2018 until March 2019, Reyes-Delgado was present in the State of California but failed to register as a sex offender as required by law. Reyes-Delgado was previously convicted in 1989 in California for lewd conduct with a child under 16, at which time he acquired his registration requirement.
This case is the product of an investigation by the U.S. Marshals Service, and ICE Enforcement and Removal Operations. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, Reyes-Delgado faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Final Defendant Sentenced in Stockton Tax Refund Fraud RingRead the Press Release
SACRAMENTO, Calif. — Jeffrey S. Grady, 35, of Stockton, was sentenced today by U.S. District Judge Troy L. Nunley to two and a half years in prison and ordered to pay more than $25,000 in restitution for conspiracy to submit false claims to the IRS and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
“The harm caused by Mr. Grady and his co-defendants goes beyond simply cheating the government,” said Kareem Carter, IRS Criminal Investigation Special Agent in Charge. “Stealing identities and filing false tax returns is a serious crime that has a devastating impact on the victims. Identity theft is a pervasive crime and stopping it remains a top priority for us.”
According to court documents, Grady and his co-conspirators submitted tax returns to the IRS that falsely claimed that the persons named on the returns were entitled to tax refunds. Grady obtained the names, social security numbers, and other personal identifying information of various individuals and used that information, often without the knowledge of those people, to submit the tax returns in their names. Altogether, Grady took part in submitting at least 150 false tax returns, requesting approximately $94,140 in tax refunds. The IRS paid more than $25,000 in tax refunds based on those fraudulent tax returns. Grady was one of four defendants charged in the same conspiracy and the last to be sentenced.
Christopher Grady, of Stockton, was sentenced on July 13, 2017, to approximately 38 months of time served in custody and ordered to pay more than $250,000 in restitution.
Jacob Cook, of Stockton, was sentenced on September 7, 2017, to serve 30 months in prison and ordered to pay more than $69,000 in restitution.
Tosh Babu, of Stockton, was sentenced on September 21, 2017, to serve 30 months in prison and ordered to pay more than $94,000 in restitution.
This case was the product of an investigation by the IRS Criminal Investigation. Assistant U.S. Attorney Matthew G. Morris prosecuted the case.
Minnesota Man Sentenced to 16 Years in Prison for Receipt and Distribution of Child PornographyRead the Press Release
FRESNO, Calif. — Terrence Goldberg, 35, of Brook Park, Minnesota, was sentenced today to 16 years in prison, to be followed by 15 years of supervised release for two counts of receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, investigators in Rochester, New York detected Goldberg sharing child pornography files in 2016 from a location at which a children’s camp operated in Madera County, California. When agents located Goldberg in North Fork, California, on July 11, 2016, he was actively downloading child pornography files outside of a church. Goldberg admitted that he had been downloading child pornography and consented to a search of electronic devices that he had been using. He then relocated to Minnesota, and investigators with FBI offices in Minnesota and Wisconsin opened their own investigations after they detected Goldberg sharing child pornography files from October 2016 through May 2017. As part of those investigations, a search of Goldberg’s residence was conducted on May 26, 2017, and he was arrested. A magistrate judge in Minnesota ordered Goldberg detained and returned to California where an indictment had been filed on June 1, 2017.
A restitution hearing has been set before U.S. District Judge Dale A. Drozd on June 24.
This case is the product of an investigation by the FBI offices in Rochester, New York; Minneapolis, Minnesota; La Crosse, Wisconsin; and Fresno, California with assistance from the Madera County Sheriff’s Office. Assistant U.S. Attorney David Gappa prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
United States Files Lawsuit Against California State Water Resources Control Board for Failure to Comply with California Environmental Quality ActRead the Press Release
The Department of Justice and the U.S. Department of the Interior (DOI) today filed civil actions, in both federal and state court, against the California State Water Resources Control Board for failing to comply with the California Environmental Quality Act (CEQA).
On Dec. 12, 2018, the California State Water Resources Control Board (the Board) approved and adopted amendments to the Water Quality Control Plan for the San Francisco Bay/Sacramento–San Joaquin Delta Estuary (amended plan) and the related Substitute Environmental Document (SED). According to the complaint, the Amended Plan fails to comply with CEQA and, once implemented, will impair DOI’s ability to operate the New Melones Dam consistent with Congressional directives for the project.
“The environmental analysis by the California State Water Resources Control Board hid the true impacts of their plan and could put substantial operational constraints on the Department of the Interior’s ability to effectively operate the New Melones Dam, which plays a critical role in flood control, irrigation, and power generation in the Sacramento region,” said Assistant Attorney General Jeffrey Bossert Clark for the Department of Justice’s Environment and Natural Resources Division. “The Department of Justice will continue to advocate on behalf of our federal partners, especially when it comes to the proper application of federal and state environmental laws.”
“As stated in our letter to the Board on July 27, 2018, today’s lawsuit affirms the Bureau of Reclamation’s continued opposition to the State Water Board plan. The plan poses an unacceptable risk to Reclamation’s water storage and power generation capabilities at the New Melones Project in California and to local recreational opportunities,” said Bureau of Reclamation Commissioner Brenda Burman. “We pledge our commitment to environmentally and economically sound water management for California’s farms, families, business, and natural resources, and the American public as a whole.”
CEQA is a California statute which requires state and local agencies to identify the significant environmental impacts of their actions and to avoid or mitigate those impacts, if feasible. The lawsuits filed today allege that in approving the amended plan and final SED, the Board failed to comply with the requirements of CEQA in a number of ways:
- The Board failed to provide an accurate, stable and finite project description, because the Board analyzed a project materially different from the project described in the project description;
- The Board improperly masked potential environmental impacts of the amended plan by including carryover storage targets and other reservoir controls – mitigation measures – in its impacts analysis and by not analyzing the impacts of the amended plan on the environment without reservoir controls; and
- The Board failed to adequately analyze the impacts of the amended plan, including with respect to water temperature and related water quality conditions, and water supply.
As alleged in the lawsuits, the United States will be directly and substantially impacted by the Board’s actions, which impacts include, but are not limited to, operational constraints on the New Melones Project, loss of available surface water supplies for New Melones Project purposes, including Central Valley Project (CVP) water service contracts, and involuntary dedication of federal reservoir space for Board purposes.
The New Melones Dam is a federally owned Reclamation facility and a component of the federal CVP. The Dam stores water under permits issued by the State of California, and delivers water from storage to irrigation and water districts under contracts entered into under federal reclamation law. The lawsuits further allege that the new flow objectives will significantly reduce the amount of water available in New Melones reservoir for meeting congressionally authorized purposes of the New Melones Project, including irrigation, municipal and industrial purposes, power generation, and recreational opportunities at New Melones. The reduced water available for New Melones Project purposes would also impair Reclamation’s delivery of water under contracts it presently holds with irrigation and water districts.
The United States is represented in this action by Assistant Attorney General Clark and United States Attorney McGregor W. Scott; with lead counsel Stephen M. Macfarlane, Romney Philpott, Erika Norman of the Natural Resources Section; and Kelli L. Taylor of the U.S. Attorney’s Office for the Eastern District of California.
Sacramento Man Indicted for Mailing Threatening Communications, Hoax Letters Containing White Powder, and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Darnell Ray Owens, 32, of Sacramento, charging him with mailing threatening communications, hoaxes involving biological weapons, and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Owens allegedly sent threatening letters via U.S. mail to individuals and organizations, using the return addresses of people he knew. Two letters contained white powder.
According to the indictment, on July 10, 2018, Owens mailed a letter to the pastor of a church in Dallas, Texas, which said in part, “I will assassinate your pastor in the name of Allah, I will burn down Christian churches … This is a threat.”
According to the indictment, on October 20, 2018, Owens sent a letter to Sacramento television station Fox 40 KTXL with threats to kill four employees. The letter stated in part, “Allah has commanded me to burn down the news station with fire and murder anyone who comes out with a gun … This is a threat and a promise.”
According to the indictment, On March 14, 2019, Owens mailed a letter to an elected official in Sacramento. It stated, “I knew you was going to not charge those corrupt racist cops. You have failed this city and the people. So I am making a threat on your life, I will assassinate you with a bullet to your head, you will not survive I will watch your body shake as the life in you leaves.”
In addition, the indictment charges Owens with sending two letters containing white powder under circumstances where the recipient may have reasonably believed that the letters contained a biological agent or toxin for use as a weapon. The letter to the church in Texas contained white powder and the other letter containing white powder was sent to the Sacramento County Department of Revenue Recovery. Owens allegedly sent the hoax letters using the identities of other persons, an action which would constitute aggravated identity theft.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the City of Sacramento Police Department. Assistant U.S. Attorney Shea J. Kenny is prosecuting the case.
Owens is in custody after being arrested in Tulsa, Oklahoma on March 22, 2019. He is awaiting transfer to the Eastern District of California.
If convicted, Owens faces a maximum statutory penalty of five years in prison for each of the threat and hoax counts, and a mandatory statutory penalty of two years in prison for each aggravated identity theft count, 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.
Stockton Man Pleads Guilty to Unemployment Benefits Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — John Michael “Mike” Herron II, 36, of Stockton, pleaded guilty today to mail fraud and aggravated identify theft in connection with an unemployment benefits fraud and identity theft scheme, U.S. Attorney McGregor W. Scott announced.
According to court documents, from at least December 2014 through January 2018, Herron participated in a scheme to defraud the State of California Employment Development Department (EDD) by filing fraudulent claims for unemployment insurance benefits. In furtherance of this scheme, Herron and his co-defendant, Robert Maher, formerly of Stockton, created fictitious companies and fictitious employees (by using the real identities of persons with and without their knowledge), and filed claims with EDD, falsely stating that the employees had been laid-off or fired. The unemployment benefits were deposited onto debit cards that were mailed to addresses controlled by Herron, Maher, or their associates. In at least one instance, ATM cameras captured Herron withdrawing unemployment benefit funds using a debit card registered to an identity theft victim. Herron was connected to approximately $578,185 in fraudulent claims to EDD, of which approximately $485,685 was paid out by EDD.
This case is the product of an investigation by the U.S. Department of Labor Office of Inspector General, the Federal Bureau of Investigation, and the California Employment Development Department’s Investigation Division. Assistant U.S. Attorneys Amy Schuller Hitchcock and Shelley D. Weger are prosecuting the case.
The charges against Maher are pending. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Herron is scheduled to be sentenced by U.S. District Judge John A. Mendez on July 2. Herron faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for the mail fraud count, and a mandatory two-year consecutive sentence and $250,000 fine for the aggravated identity theft count. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sacramento Man Arrested in Oklahoma for Mailing Interstate Threats, Some Containing White PowderRead the Press Release
SACRAMENTO, Calif. — Darnell Ray Owens, 32, of Sacramento, was arrested March 22 in Tulsa, Oklahoma, after being charged in Sacramento with mailing threatening communications and a hoax involving biological weapons, U.S. Attorney McGregor W. Scott announced.
According to the criminal complaint, between February 2018 and March 2019, Owens allegedly sent approximately 50 letters and online complaints to law enforcement agencies, individuals and organizations, in which he made threats to kill police officers, other government officials, homosexuals, and “white people.” He used return addresses of people he knew with the apparent purpose of having others blamed for sending the letters. Owens allegedly mailed no less than two letters containing a white powder, intending that the recipients would believe the powder to be a biological weapon. The majority of the letters were sent via the U.S. Postal Service and were postmarked from Sacramento.
According to the criminal complaint, in July 2018, one of the letters containing white powder was sent to a church in Dallas, Texas with a threat to assassinate the pastor. On August 3, 2018, the Sacramento County Department of Revenue Recovery received a letter containing white powder, and the letter threatened to burn down the department and kill “a lot of people.” On October 24, 2018, a television news station, KTXL Fox40 received a letter threatening to kill certain employees at the station. The last letter Owens allegedly sent was to the Sacramento County District Attorney, threatening her life.
This case is the product of an ongoing investigation by the Federal Bureau of Investigation, the U.S. Postal Inspection Service, and the City of Sacramento Police Department. Assistant U.S. Attorney Shea J. Kenny is prosecuting the case.
If convicted, Owens faces a maximum statutory penalty of five years in prison 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.
Shasta County Man Sentenced to 40 Years in Prison for Child Pornography OffensesRead the Press Release
SACRAMENTO, Calif. — On Friday, U.S. District Judge Garland E. Burrell Jr. sentenced James Jay Hitt, 51, of Anderson, to 40 years in prison for distribution and receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Hitt interacted with a 12-person network of child pornographers, managed a blog where he posted child pornography, and messaged people through a Russian website that served as a platform for child pornographers to trade and discuss child pornography. Based on a lead from the FBI in Ohio, investigators in California searched Hitt’s house on January 4, 2013. When they entered his house to conduct the search, he brandished a knife at them. They found over 4,000 images and dozens of videos of child pornography on a desktop computer, an 80 gigabyte internal hard drive, and several CDs. Hitt has been in custody since June 15, 2015. Hitt had a prior conviction for a crime relating to sexual abuse that enhanced his sentence.
This case was the product of an investigation by the Federal Bureau of Investigation, the Anderson Police Department, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Roger Yang and Michael M. Beckwith 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.
Former Oroville Resident Sentenced to Home Detention for Making a False Bomb ThreatRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Troy L. Nunley sentenced Kao Xiong, 34, of Saint Paul, Minnesota, today to time served plus five months of home detention and three years of supervised release for making a false bomb threat, U.S. Attorney McGregor W. Scott said today.
According to court documents, in August 2017, while Xiong was living in Oroville, Xiong mailed a letter to a company in Sunnyvale, informing the company that Xiong and others were going to bomb the location. The bomb threat was reported to the Sunnyvale Police Department who responded to the scene to investigate, and ultimately reported the incident to the FBI. The letter was identified as one of approximately 150 letters Xiong mailed between January and December 2017, containing false information about bombings and assassinations. Although the U.S. Postal Service intercepted many of the letters, others were delivered to the intended recipients who were located across the United States, including FBI offices, an airport, a mall, and the current and former presidents of the United States.
Xiong was arrested on December 22, 2017, and remained in custody until May 23, 2018, which is approximately 153 days. Xiong pleaded guilty on January 3, 2019.
This case was the product of an investigation by the Federal Bureau of Investigation, the U.S. Secret Service, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Shelley D. Weger prosecuted the case.
Department of Homeland Security’s Nonprofit Security Grant Program Funds Training and Security EnhancementsRead the Press Release
SACRAMENTO, Calif. — In the aftermath of the deadly shooting that occurred in New Zealand, U.S. Attorney McGregor W. Scott recommends continued training and preparation for active shooter incidents to ensure the safety of all communities.
Following the shooting at the Tree of Life Synagogue in Pennsylvania last October, the U.S. Attorney’s Office for the Eastern District of California brought together faith leaders to discuss strategies and to provide training to deal with active shooter incidents in houses of worship. In an ongoing effort to keep our community safe, the Department of Homeland Security provides practical assistance to high risk groups.
The Department of Homeland Security’s Nonprofit Security Grant Program (NSGP) competitively awards grant funding to assist nonprofit organizations that are considered to be at high risk of terrorist attack and located within a designated urban area. NSGP provides up to $75,000 to nonprofit organizations for training and physical security enhancements, including fencing, surveillance systems, security systems, and lighting. It is also designed to promote coordination and collaboration in emergency preparedness activities among public and private community representatives, as well as state and local government agencies.
The grant program is administered by the California Office of Emergency Services (Cal OES) Infrastructure Grants Unit, which administers the program for the Department of Homeland Security. The Department of Justice does not administer the grant program.
In preparation for the release of the Notice of Funding Opportunity, Cal OES will be conducting a webinar on Tuesday, April 2 to explain the NSGP requirements and assist nonprofit organizations with the application process. . Please see the attachment for further details.
DHS has indicated that there will be $60 million in grants available nationwide for nonprofit 501(c)(3) tax-exempt groups.
Jury Convicts Roseville Man of 3 Counts of Wire Fraud in Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — After a seven–day trial, a federal jury found Erik Hermann Green, 37, of Roseville, guilty on Tuesday of three counts of wire fraud in a mortgage fraud scheme, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, Green was part of a large-scale mortgage fraud scheme to defraud the New Century Mortgage Company by submitting false documentation about employment, income and assets, including fraudulent loan applications and other altered bank documents. Around October 2006, when Green submitted his fraudulent loan applications to obtain a loan for $820,000, he was a licensed real estate sales person and managed approximately 15 loan officers. As part of the scheme, Green received a check for $100,000 that was funneled through a shell company at the close of escrow. Green used the funds for personal expenses.
This case is the product of an investigation by the IRS Criminal Investigation and the Alameda County District Attorney’s Office. Assistant U.S. Attorneys Michael D. Anderson and Miriam R. Hinman are prosecuting the case.
Co-defendants Stephen Pirt and Janis Pirt previously pleaded guilty to wire fraud. Stephen Pirt was sentenced in 2015 to 25 months in prison and in 2014, Janis Pirt was sentenced to five years of probation with a year of home detention.
Green is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on June 13. Green faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of 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.
U.S. Air Force Member Charged with Producing and Receiving Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an eight-count indictment Thursday against Bryce Carter Studebaker, 22, currently stationed at Beal Air Force Base, charging him with four counts of producing and attempting to produce child pornography and four counts of receiving child pornography, U.S. Attorney McGregor W. Scott announced. Studebaker was arrested this morning.
According to court documents, Studebaker produced and received sexually explicit images of a minor on four occasions between December 31, 2017, and March 30, 2018.
This case is the product of an investigation by the U.S. Air Force Office of Special Investigations. Assistant U.S. Attorney André M. Espinosa is prosecuting the case.
If convicted, Studebaker faces a maximum statutory penalty of 30 years in prison for each count of producing and attempting to produce child pornography, a maximum statutory penalty of 20 years in prison for each count of receiving child pornography, and a $250,000 fine on all 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 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.
Former Stockton Couple Convicted of Human Trafficking Charges Related to Forced Labor of Foreign NationalsRead the Press Release
SACRAMENTO, Calif. — After an 11-day trial, a federal jury found Satish Kartan, 45, and his wife, Sharmistha Barai, 40, guilty on March 14 of conspiracy to obtain forced labor and two counts of obtaining forced labor. In addition, Kartan was found guilty of fraud in foreign labor contracting. Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney McGregor W. Scott, Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office, Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office, and Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California made the announcement.
“Human trafficking is a disgraceful and unacceptable crime. The defendants in this case took advantage of overseas workers, forcing them to work without pay, physically abusing them, and threatening negative repercussions if they tried to leave,” said Assistant Attorney General Eric Dreiband. "The Justice Department will continue to investigate and vigorously prosecute human traffickers in order to bring justice to victims.”
“These defendants exploited one victim after another, using them to labor in their home, failing to pay wages and depriving them of basic human rights,” said U.S. Attorney Scott. “The U.S. Attorney’s Office continues its commitment to protect and defend vulnerable members of our society from human trafficking.”
“The Diplomatic Security Service will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain," said Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office. "DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Eastern District of California continues to be essential in the pursuit of justice.”
“Kartan and Barai did not simply fail to pay victims for their work,” said Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office. “They deprived them of their dignity and robbed them of their federally protected civil rights. The FBI will work with partner agencies to protect victims of human trafficking wherever that crime occurs.”
“Millions of people worldwide are affected by this type of forced labor and human trafficking,” said Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California. “This case is a testament of the dedication of HSI and our law enforcement partners. We are committed to working together to eradicate these deplorable crimes from our community.”
According to court documents and evidence presented at trial, between February 2014 and October 2016, Kartan and Barai hired workers from overseas to perform domestic labor in their home in Stockton. In advertisements seeking workers on the internet and India-based newspapers, the defendants made false claims regarding the wages and the duties of employment. Then, once the workers arrived at the defendants’ Stockton residence, Kartan and Barai forced them to work 18 hours a day with limited rest and nourishment. Few of them were paid any wage. The defendants kept their domestic workers from leaving and induced them to keep working for them by threatening them, by creating an atmosphere of fear, control, and disempowerment, and at times by physically hitting or burning them. When a victim pushed back or said she wanted to leave, it got worse.
Victims flew from India and Nepal to testify. According to evidence presented at trial, the defendants struck one worker on multiple occasions. Barai threatened to kill her and throw her bones in the garbage, backhanded her across the face for talking back, and slammed her hands down on a gas stove, causing her to suffer first and second degree burns on her hands from the flames. The defendants also threatened several other victims to coerce them to keep working, including by telling the victims they would report them to police or immigration authorities if they tried to leave. Throughout the victims’ time in the defendants’ home, they were deprived of sleep and food. The defendants subjected the victims to verbal abuse and harassment in an effort to intimidate them into continuing to provide labor and services.
Kartan and Barai are scheduled to be sentenced on June 6. Each defendant faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by Homeland Security Investigations (HSI), the FBI, and the State Department’s Diplomatic Security Service. The Stockton Police Department provided the initial investigation and later assistance with victim services. Assistant U.S. Attorneys Jason Hitt and Katherine Lydon are prosecuting the case with the assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Eastern District of California (Sacramento) is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team, through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Former Stockton Couple Convicted of Human Trafficking Charges Related to Forced Labor of Foreign NationalsRead the Press Release
After an 11-day trial, a federal jury found Satish Kartan, 45, and his wife, Sharmistha Barai, 40, guilty on March 14 of conspiracy to obtain forced labor and two counts of obtaining forced labor. In addition, Kartan was found guilty of fraud in foreign labor contracting. Assistant Attorney General Eric Dreiband for the Department of Justice’s Civil Rights Division, U.S. Attorney McGregor W. Scott, Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office, Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office, and Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California made the announcement.
“Human trafficking is a disgraceful and unacceptable crime. The defendants in this case took advantage of overseas workers, forcing them to work without pay, physically abusing them, and threatening negative repercussions if they tried to leave,” said Assistant Attorney General Eric Dreiband. “The Justice Department will continue to investigate and vigorously prosecute human traffickers in order to bring justice to victims.”
“These defendants exploited one victim after another, using them to labor in their home, failing to pay wages and depriving them of basic human rights,” said U.S. Attorney Scott. “The U.S. Attorney’s Office continues its commitment to protect and defend vulnerable members of our society from human trafficking.”
“The Diplomatic Security Service will continue to pursue those who abuse domestic worker visas to manipulate and exploit their employees for personal gain," said Matthew Perlman, Special Agent in Charge of the of the Diplomatic Security Service San Francisco Field Office. "DSS’s strong relationship with our law enforcement partners and the U.S. Attorney’s Office for the Eastern District of California continues to be essential in the pursuit of justice.”
“Kartan and Barai did not simply fail to pay victims for their work,” said Sean Ragan, Special Agent in Charge of the Sacramento FBI Field Office. “They deprived them of their dignity and robbed them of their federally-protected civil rights. The FBI will work with partner agencies to protect victims of human trafficking wherever that crime occurs.”
“Millions of people world-wide are affected by this type of forced labor and human trafficking,” said Ryan L. Spradlin, the Special Agent in Charge for Homeland Security Investigations in Northern California. “This case is a testament of the dedication of HSI and our law enforcement partners. We are committed to working together to eradicate these deplorable crimes from our community.”
According to court documents and evidence presented at trial, between February 2014 and October 2016, Kartan and Barai hired workers from overseas to perform domestic labor in their home in Stockton. In advertisements seeking workers on the internet and India-based newspapers, the defendants made false claims regarding the wages and the duties of employment. Then, once the workers arrived at the defendants’ Stockton residence, Kartan and Barai forced them to work 18 hours a day with limited rest and nourishment. Few of them were paid any wage. The defendants kept their domestic workers from leaving, and induced them to keep working for them, by threatening them, by creating an atmosphere of fear, control, and disempowerment, and at times by physically hitting or burning them. When a victim pushed back or said she wanted to leave, it got worse.
Victims flew from India and Nepal to testify. According to evidence presented at trial, the defendants struck one worker on multiple occasions. Barai threatened to kill her and throw her bones in the garbage, backhanded her across the face for talking back, and slammed her hands down on a gas stove, causing her to suffer first and second degree burns on her hands from the flames. The defendants also threatened several other victims to coerce them to keep working, including by telling the victims they would report them to police or immigration authorities if they tried to leave. Throughout the victims’ time in the defendants’ home, they were deprived of sleep and food. The defendants subjected the victims to verbal abuse and harassment in an effort to intimidate them into continuing to provide labor and services.
Kartan and Barai are scheduled to be sentenced on June 6. Each defendant faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by Homeland Security Investigations (HSI), the FBI, and the State Department’s Diplomatic Security Service. The Stockton Police Department provided valuable initial investigation and later assistance with victim services. Assistant U.S. Attorneys Jason Hitt and Katherine Lydon are prosecuting the case with the assistance of the Civil Rights Division’s Human Trafficking Prosecution Unit.
The Eastern District of California (Sacramento) is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team, through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
Two Indicted in 45-Pound Methamphetamine Deal in Fresno CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment Thursday against Los Angeles residents Josue Garcia-Beltran, 40, and Rafael Medina Labrada, 34, charging them with conspiracy to distribute and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, on February 25, 2019, the defendants were arrested delivering methamphetamine to an undercover officer in Fresno. Forty-five pounds of methamphetamine were seized during the operation.
This case is the product of an investigation by the Fresno High Impact Investigation Team (HIIT), composed of law enforcement personnel from Homeland Security Investigations, the California Department of Justice, the Fresno Police Department, the California Highway Patrol, the Tulare County Sheriff’s Office, the Kings County Sheriff’s Office, and the Fresno County Sheriff’s Office. HIIT conducts major narcotic and other major criminal investigations in the Central Valley. Assistant U.S. Attorney Katherine Schuh is prosecuting the case.
If convicted, Garcia-Beltran and Labrada face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Shasta County Man Pleads Guilty to Aggravated Identity Theft Committed as Part of a Mail Theft and Bank Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — William Lee Ashley, 37, of Anderson, pleaded guilty today to aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between December 2017 and March 2018, Ashley committed a scheme to steal identities and defraud banks. During this scheme, Ashley broke into residential mailboxes throughout Northern California and stole U.S. mail containing bankcards, personal and business checks, and personally identifiable information of mail-theft victims. He then fraudulently activated and used bankcards to withdraw cash at ATMs and make purchases at retail establishments. Ashley also forged and altered stolen checks and deposited them into bank accounts under his control. On March 9, 2018, when he was arrested in Anderson, he possessed stolen mail and a U.S. Postal Service lock that he intended to use to facilitate this scheme.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Anderson Police Department. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Ashley is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on June 13, 2019. Ashley faces a mandatory statutory term of two years in prison for aggravated identity theft and a fine 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.
Inmate Sentenced to 6 Years in Prison for Making Threats to Harm Federal JudgeRead the Press Release
FRESNO, Calif. — U.S. District Judge Lawrence J. O’Neill sentenced Craig Shults, 52, of Huntington Beach, today to six years in prison for threatening to harm a federal judge, U.S. Attorney McGregor W. Scott announced.
Shults was convicted of this offense following a December 2018 jury trial.
According to court documents and evidence at trial, in 2016 at a federal prison in Taft, California, Shults, then an inmate, made threats to assault a federal judge with the intent to retaliate against the judge for presiding over a prior criminal case involving Shults. He made the threatening communications in retaliation for, among other reasons, being remanded to custody following a bond violation hearing, and being sentenced to a substantially longer prison sentence than Shults requested. Some of Shults’s threats were captured on a recording device and presented at trial.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Angela L. Scott and Henry Z. Carbajal prosecuted the case.
Fair Oaks Man Sentenced to 4 years in Prison for Conspiring to Sell Stolen Credit Card Information and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Mkrtych “Mike” Sargsyan, 55, of Fair Oaks, was sentenced today by Senior U.S. District Judge William B. Shubb to four years in prison for conspiring to sell stolen credit card information and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, between September 2015 and April 2016, Sargsyan and others agreed to obtain and sell stolen credit card information. On three occasions, Sargsyan traveled to Southern California to obtain electronic storage devices containing stolen credit card numbers and corresponding account holder information. Sargsyan then delivered that information to a buyer in Southern California and Rancho Cordova. During the course of the conspiracy, Sargsyan and his co-conspirators obtained information related to 587 credit card accounts.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brian A. Fogerty prosecuted the case.
Former El Dorado County Gymnastics Coach Charged with Attempting to Produce Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Keith Willette, 56, of Cameron Park, charging him with attempted production of child pornography, Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney McGregor W. Scott announced.
According to court documents, between May 2000 and April 2002, Willette attempted to produce child pornography of a juvenile victim.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Rosanne L. Rust and Trial Attorney Jessica Urban with the Child Exploitation and Obscenity Section of the Department of Justice, Criminal Division, are prosecuting the case.
If convicted, Willette faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charge is only an allegation; 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.
Five Tulare Residents Charged in Superseding Indictment with Possessing and Selling False Identification DocumentsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a 10-count superseding indictment today for a case involving the production and sale of false Social Security cards and green cards first charged in August 2018, U.S. Attorney McGregor W. Scott announced.
Today’s superseding indictment adds three counts and a fifth defendant. Tulare residents Elfego Alcala, 46; Aida Corona, 37; Tamilene Cisneros, 48; Lupita Cisneros; and the fifth defendant, Maria Elena Soriano-Salinas, 57, are charged with conspiring to produce false identification documents, the production and sale of false identification documents, and fraud and misuse of visas and related documents.
According to court documents, in March, May, and August of 2018, the defendants engaged in transactions in which they manufactured and sold false identification documents to buyers. These documents included Social Security cards and green cards.
This case is the product of an investigation by Homeland Security Investigations. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Stockton Woman Pleads Guilty to Two Separate Fraud ConspiraciesRead the Press Release
SACRAMENTO, Calif. — Kioni M. Dogan, 38, of Stockton, pleaded guilty Tuesday to separate criminal conspiracies to submit false claims for federal income tax refunds and to commit mail fraud in connection with California state unemployment insurance benefits, U.S. Attorney McGregor W. Scott announced.
According to court documents, Dogan and her co-conspirators together illegally sought over $2 million from the California and federal governments with these schemes.
In the tax case, Dogan conspired with her co-defendant Antonia Brasley and others to submit false tax returns to the IRS by obtaining personal identifying information from family, friends, and others, and then submitting returns seeking refunds to which the people listed on the returns were not entitled. To pursue the refunds, false statements were placed on the returns regarding income, withholding from income, and gambling losses, with fraudulent supporting tax forms. From May 2011 through April 2012, Dogan and her co-conspirators sought over $940,000 in fraudulent tax refunds, of which approximately $708,188 were paid out by the IRS.
In the unemployment insurance case, from 2010 through 2015, Dogan and her co‑conspirators operated a “fictitious employer” scheme. Dogan created an employer with the California Employment Development Department (EDD) that was fictitious and did not conduct any business. Dogan then caused the submission of information to the EDD falsely indicating that various persons were employed by the fictitious entity. Dogan subsequently filed unemployment claims in the names of the fake employees. Co-defendants Gloria Harris and Lavonda Bailey are among the individuals alleged to have collected the fraudulent benefits, both in their own names and in the names of other fake employees. Dogan was connected to approximately $1.3 million in fraudulent claims to EDD, of which approximately $972,319 were paid out by EDD.
The unemployment fraud case is the product of an investigation by the U.S. Department of Labor, the California Employment Development Department, and the U.S. Postal Inspection Service. The tax fraud case was the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Christopher S. Hales is prosecuting both cases.
The charges against co-defendants Brasley, Harris, and Bailey remain pending. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Dogan is scheduled to be sentenced by U.S. District Judge John A. Mendez on June 11, 2019. Dogan faces a maximum statutory penalty of 10 years in prison for conspiracy to submit false claims, and 20 years in prison for conspiracy to commit mail fraud, as well as a $250,000 fine on each count. 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.
Statement Following the Completion of State and Local InvestigationsRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott and Special Agent in Charge Sean Ragan of the FBI’s Sacramento Field Office today issued the following statement:
“Now that both state and local authorities have completed their investigations into the shooting of Stephon Clark, the U.S. Attorney’s Office and the FBI, in conjunction with the Civil Rights Division of the U.S. Department of Justice, will examine whether the shooting involved violations of Mr. Clark’s federal civil rights. That examination will involve a review of the substance and results of the state and local investigations, and any additional investigative steps, if warranted.”
Kings County Woman Sentenced to 10 Years in Prison for Distributing MethamphetamineRead the Press Release
FRESNO, Calif. — Nancy Lopez Perez, 44, of Lemoore, was sentenced today to 10 years in prison for distributing methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Perez obtained and delivered methamphetamine and two assault rifles during an undercover transaction on the side of the road in rural Fresno County. Three additional firearms were seized from Perez’s residence during a follow-up search. As a convicted felon, Perez was prohibited from possessing firearms.
This case was the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Kings County Narcotic Task Force. The OCDETF program was established in 1982 to conduct comprehensive, multilevel 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. Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Los Angeles Man Sentenced to Prison for Conspiring to Obtain Fraudulent Commercial Driver's LicenseRead the Press Release
SACRAMENTO, Calif. — Rahim Mahboob, 67, of Los Angeles, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to two years and three months in prison and a $58,500 fine for conspiring to commit bribery, identity fraud, and unauthorized access to a computer, and a separate count of identity fraud, U.S. Attorney McGregor W. Scott announced.
According to court documents, Mahboob conspired with former DMV employee and co‑defendant, Lisa Terraciano, to pay her money to alter DMV records that caused commercial driving permits to be issued for Mahboob’s clients. Mahboob was responsible for the issuance or attempted issuance of no less than 39 fraudulent commercial licenses, including permits, for which he paid Terraciano.
This case was a part of a series of ongoing investigations by the California Department of Motor Vehicles, Office of Internal Affairs, the Federal Bureau of Investigation, Homeland Security Investigations, and the Department of Transportation, Office of Inspector General. Assistant U.S. Attorney Rosanne L. Rust prosecuting the cases.
Mahboob was ordered to self-surrender to begin serving his sentence on June 3, 2019.
Stockton Man Indicted for Illegal Firearms PossessionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment today against Joseph Flowers, 29, of Stockton, charging him with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on January 16, 2019, Flowers was found in possession of a Pietro Beretta model 92F semi-automatic pistol. Flowers has three prior felony convictions, making it illegal for him to possess a firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Stockton Police Department. Assistant U.S. Attorney David Spencer is prosecuting the case.
If convicted, Flowers faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Two Sentenced for Identity and Mail Theft in Sacramento, San Joaquin, and Stanislaus CountiesRead the Press Release
SACRAMENTO, Calif. — Derek Hillgert, 29, of Carmichael, and Jeffrey Wilhite, 31, of Linden, were each sentenced Monday to five years in prison for committing access device fraud, aggravated identity theft, and possession of stolen mail, U.S. Attorney McGregor W. Scott announced.
According to court documents, Hillgert and Wilhite worked together to steal U.S. mail and conduct transactions with stolen identities. On the day of their arrests, they possessed over 200 pieces of stolen mail addressed to over 100 victims. With Wilhite’s assistance, Hillgert used a stolen identity to purchase a van at a dealership in Modesto. Hillgert presented a fraudulent driver’s license in the other person’s name but with Hillgert’s photograph, and he obtained a loan in the other person’s name for over $39,000. Wilhite opened a Target debit card account using a second stolen identity, and the defendants made more than $3,000 in purchases with it.
This case was the product of an investigation by the U.S. Postal Inspection Service with assistance from the Tracy Police Department. Assistant U.S. Attorney Miriam R. Hinman prosecuted the case.
South Lake Tahoe Man Sentenced to Prison for Destruction of Archaeological SitesRead the Press Release
SACRAMENTO, Calif. — Timothy Brian Harrison, 50, of South Lake Tahoe, was sentenced today by United States District Judge John A. Mendez to one year and one day in prison and ordered to pay $113,000 in restitution for two counts of excavation and removal of archaeological resources from public lands and one misdemeanor count of unlawful possession of methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Harrison conducted illegal digging at prehistoric Native American archaeological sites on federal lands in Alpine and El Dorado Counties, near Lake Tahoe. He collected tens of thousands of ancient artifacts from multiple archaeological sites, and virtually destroyed two very significant archaeological sites. Archaeologists explained that Harrison’s conduct led to the irreplaceable loss of unique historical information. Archaeologists learn the cultural history of the prior inhabitants from artifacts left behind by the inhabitants by carefully documenting where the artifacts are found, and looting of the artifacts destroys that context.
Representatives of the Washoe Tribe of California and Nevada spoke about the impact on the tribe from this destruction of sites. They explained that Harrison’s digging erased their past and interfered with the tribe’s ability to teach younger generations about their history and culture.
This case was the product of an investigation by the U.S. Forest Service, the Bureau of Land Management, the National Park Service, the Drug Enforcement Administration, the Federal Bureau of Investigation, California State Fish & Wildlife Service, California Highway Patrol, and Alpine County Sheriff’s Department. Assistant U.S. Attorneys Samuel Wong, Christopher S. Hales, and Miriam R. Hinman prosecuted the case.
Harrison is out of custody and was ordered to self-surrender to begin serving his sentence on April 23, 2019.
Sacramento Man Pleads Guilty to Selling Unapproved Drugs on the InternetRead the Press Release
SACRAMENTO, Calif. — Scott Edward Cavell, 35, of Sacramento, pleaded guilty today to one count of causing misbranded drugs to be introduced into interstate commerce, U.S. Attorney McGregor W. Scott announced.
According to court documents, between 2015 and 2017, Cavell, with others, developed a scheme to market and sell a drug, 2,4-Dinitrophenol (also known as DNP), as a weight loss drug and “fat burner” despite knowing that DNP is unapproved by the FDA as a substance for human consumption. Cavell sold DNP in pill form and called it a fertilizer — a term under which is it legally sold in other circumstances.
DNP has been commercially used to manufacture dyes and wood preservatives, as a fertilizer, and as a pesticide. The U.S. Food and Drug Administration has declared that DNP is too toxic to be used for human consumption under any circumstances.
This case is the product of an investigation by the U.S. Food and Drug Administration Office of Criminal Investigations, Drug Enforcement Administration, Homeland Security Investigations, and the U.S. Postal Inspection Service. Assistant U.S. Attorney Paul Hemesath is prosecuting the case.
Cavell is scheduled to be sentenced on June 4, 2019, by U.S. District Judge John A. Mendez. Cavell faces a maximum statutory penalty of three years in prison and a $10,000 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.
Los Angeles Man Found Guilty on All Counts in Nationwide Credit Card Fraud Scheme with Links to Sacramento and MoscowRead the Press Release
SACRAMENTO, Calif. — After a four-day trial, a jury found Ruslan Kirilyuk, 41, of Beverly Hills, guilty on Tuesday of 24 counts of wire fraud, two counts of mail fraud, and one count each of aggravated identity theft and failure to appear, all arising out of his involvement in a nationwide credit card fraud scheme, U.S. Attorney McGregor W. Scott announced.
According to evidence presented at trial, between approximately October 5, 2011, and March 5, 2014, Kirilyuk conspired with Mihran Melkonyan, 38, of Sacramento; Rouslan Akhmerov, 42, of Studio City; Alexandr Maslov, 38, of Sacramento, and others in a credit card billing scheme that involved creating approximately 71 fraudulent online companies established with the sole purpose of fraudulently charging approximately 119,000 stolen credit card numbers. In total, the members of the scheme billed the stolen credit card numbers for over $3.4 million in unauthorized charges.
As established at trial, to create the fraudulent companies, the members of the scheme obtained over 200 stolen report cards from the San Juan Unified School District in Sacramento. Those report cards had students’ personal identifying information on them such as names and social security numbers. Using that information, Kirilyuk and his associates created fraudulent companies with names designed to sound like real companies, such as “CVS Store,” “Walt Mart,” and “Chevran.”
Working with a hacker based in Moscow, they used those fraudulent companies to charge stolen American Express credit card account numbers. In order to transfer the stolen money, they used shell bank accounts held in the names of individuals whose identities had been stolen and former Russian J-1 visa holders. According to court documents, Kirilyuk has a history of corporate cyberintrusion dating back to at least 2003.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Michael D. Anderson and Matthew M. Yelovich are prosecuting the case.
Kirilyuk is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on May 17, 2019. Kirilyuk faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each wire and mail fraud count, a mandatory two-year consecutive sentence for the aggravated identity theft count, and up to 10 years in prison and a $250,000 fine for the failure to appear charge. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
In an earlier trial, on February 15, 2017, Melkonyan was found guilty of all 24 counts of wire fraud and two counts of mail fraud charged against him related to the scheme. He was sentenced on January 4, 2019, to 19 years and two months in prison.
On December 15, 2014, Akhmerov pleaded guilty to one count of access device fraud for his participation in the scheme. He is set to be sentenced on March 29, 2019.
Maslov failed to appear at an earlier court appearance and a bench warrant has been issued for his arrest. Anyone with information about his whereabouts should contact the Federal Bureau of Investigation at (916) 746-7000. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Arrested in Granite Bay, Contra Costa County Woman Pleads Guilty in Northern California Mail Theft SchemeRead the Press Release
SACRAMENTO, Calif. — Toni Tinay, 24, of Oakley, pleaded guilty today to bank fraud, aggravated identity theft, and possession of reproduced U.S. Postal Service keys, U.S. Attorney McGregor W. Scott announced.
According to court documents, between February and August 2018, Tinay participated in a scheme to defraud banks in which she and others used counterfeit U.S. Postal Service keys to break into residential mailboxes throughout the Eastern and Northern Districts of California. Tinay stole mail from mailboxes – which contained bankcards, personal and business checks, and government-issued IDs. Tinay then fraudulently activated and used the bankcards to withdraw cash at ATMs and make purchases at retail establishments. In one instance, on February 25, 2018, Tinay fraudulently used a stolen Comenity Bank-issued Victoria’s Secret credit card, to purchase $821.85 in goods at a Victoria’s Secret store in Fairfield. On August 29, 2018, when she was arrested in Granite Bay, she and her companions were found to be in possession of four U.S. Postal Service keys with the intention of using them to steal U.S. mail.
This case is the product of an investigation by the U.S. Postal Inspection Service. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Tinay is scheduled to be sentenced by U.S. District Judge John A. Mendez on June 4, 2019. Tinay faces a maximum statutory penalty of 30 years in prison and a $1 million fine for bank fraud. She faces a mandatory statutory term of two years in prison for aggravated identity theft and a fine up to $250,000, and 10 years in prison and a $250,000 fine for possession of reproduced U.S. Postal Service keys. 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.
Two Tulare County Men Sentenced for Series of Armed Robberies in Tulare and Kern CountiesRead the Press Release
FRESNO, Calif. — Today, U.S. District Judge Lawrence J. O’Neill sentenced Javier Beltran, 25, of Strathmore, to 23 years in prison for his conviction for two counts of use of a firearm during and in relation to a crime of violence, and he sentenced Ulises Medina, 25, of Earlimart, to 15 years in prison for his conviction for conspiracy to commit Hobbs Act robbery, U.S. Attorney McGregor W. Scott and Tulare County District Attorney Tim Ward announced.
U.S. Attorney Scott said, “Today’s sentences are the result of our commitment to work with our federal, state and local partners to identify and prosecute cases that will help to reduce violent crime in our communities. We are confident that these efforts will continue to reduce crime, save lives, and restore safety to our communities.”
District Attorney Ward stated: “When we began this relationship with U.S. Attorney Scott and his office, our intent was to make Tulare County a safer place. The resolution of this case is a direct and powerful example of why this relationship with our federal partners is important. Under current California law, the defendants in this case would have been eligible for youthful offender parole in California far earlier than when their federal sentences will end. We will stop at nothing to protect the communities we call home. To that end, I commend the work of the U.S. Attorney’s Office and local law enforcement, and I pledge our continued support of Project Safe Neighborhoods.”
According to court documents, Beltran and Medina conspired to commit a series of armed robberies of gas stations, convenience stores, and liquor stores. Beltran, Medina, and their associates committed at least seven armed robberies in Tulare and Kern Counties between May 2016 and January 2017. In February, Beltran, Medina, and their associates and their associates travelled to Nebraska, where they committed two more robberies. They then returned to California, where they committed three more armed robberies.
Beltran and Medina both admitted that they robbed Joe’s Westside in Porterville, California on January 18, 2017. Prior to the robbery, Beltran, Medina, and other conspirators stole a 2006 Chevrolet Trailblazer by pushing a hole in the driver’s side lock, cracking the steering shaft, and starting the vehicle without a key. They drove the vehicle to Joe’s Westside where they entered the store wearing masks and carrying guns.
Inside the store, Beltran, Medina, and another co-conspirator ordered the store clerk to the ground at gunpoint, forced the clerk to open the cash register, and stole over $8,000. Beltran, Medina, and their associates then fled in the stolen Chevrolet Trailblazer, which they abandoned approximately half a mile away with the engine still running.
Beltran also admitted that on July 22, 2017, he and other co-conspirators robbed Woodville Liquor in Woodville. Beltran and his associates stole a 2006 Chevrolet Silverado by cracking the steering shaft and starting the vehicle without a key, then drove it to Woodville Liquor. Beltran entered the store along with two other suspects, each carrying a firearm. They ordered the customers in the store to the ground at gunpoint and used zip ties to tie up one of the store employees. They then stole approximately $2,000 in cash, $4,000 in checks, bottles of whiskey, and cartons of cigarettes before fleeing in the stolen vehicle.
This case was the product of an investigation by the Federal Bureau of Investigation, Tulare County Sheriff’s Office, Porterville Police Department, Lindsay Police Department, Bakersfield Police Department, Fremont (Nebraska) Police Department, and Dodge County (Nebraska) Sheriff’s Office. Assistant U.S. Attorneys Ross Pearson and Kathleen Servatius prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Mexican National Sentenced for Toxic Marijuana Grow in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Maximiliano Farias Martinez, 49, a Mexican national, was sentenced today to five years and 10 months in prison for conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
According to court documents, Farias supervised Jose Manuel Sanchez Zapien, 39, of Dos Palos, who delivered supplies in Farias’ vehicle to growers at a marijuana cultivation site in the Sequoia National Forest. Law enforcement officers found approximately 20,952 marijuana plants at the site. The cultivation operation caused extensive environmental damage. Approximately three acres were stripped of vegetation and the ground was terraced to accommodate the marijuana plants. Large amounts of ammonium nitrate and other fertilizers were found at the site. Spectracide brand insecticide containers and trash were found scattered throughout the grow site. Farias was ordered to pay $8,664 in restitution to the Forest Service to cover the clean-up cost.
Sanchez pleaded guilty to the drug conspiracy and was sentenced to 10 years in prison and ordered to pay restitution to the Forest Service.
This case was the product of an investigation by the U.S. Forest Service with assistance from Homeland Security Investigations, Office of Inspector General of the Social Security Administration, Drug Enforcement Administration (DEA), California Department of Fish and Wildlife, and Merced Area Gang and Narcotics Enforcement Team (MAGNET). Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Bulldog Gang Member Sentenced to over 8 Years in Prison in Connection with Fresno ShootingRead the Press Release
FRESNO, Calif. — Alberto Perez, 31, of Fresno, was sentenced today by U.S. District Judge Lawrence J. O’Neill to eight years and four months in prison for being a felon in possession of a firearm and ammunition, U.S. Attorney McGregor W. Scott announced.
According to court documents, on June 26, 2017, while riding in a car in the area of Highway 99 and Ventura, Perez fired shots at a car, intending to hit an occupant inside the vehicle. Perez later discussed the shooting in a call with Carlos Montano, who is charged and has pleaded guilty to drug trafficking, firearms, and sex trafficking offenses in a related criminal case. Agents monitoring the intercepted communications were able to further connect Perez to the shooting using various investigative techniques. In September, 2017, investigators obtained a search warrant and found ammunition at Perez’s residence.
The charges are the product of an investigation by the DEA, FBI, HSI, ATF, the Fresno Police Department, the Fresno County Sheriff’s Office, and the Multi-Agency Gang Enforcement Consortium (MAGEC), with assistance from the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Kimberly A. Sanchez and Jeffrey Spivak 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, multilevel 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.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Atwater Man Pleads Guilty to Offenses Related to the Sexual Exploitation of Children Through Social MediaRead the Press Release
FRESNO, Calif. — Nikko Adolfo Perez, 26, of Atwater, pleaded guilty today to the sexual exploitation of children, coercion and enticement of a minor, and receipt and distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to a criminal complaint, Perez, using the Instagram screen name captainamerica272018, victimized two boys, ages 8 and 10, in Utah by coercing them to create and send him images of them engaged in sexually explicit conduct. Perez offered to pay the boys with Google Play credits if they engaged in requested sexual acts or poses, and when one of the victims said he would call 911, Perez threatened to disseminate the sexually explicit images of the victims. He also threatened to harm family members of the victims.
Perez admitted in a plea agreement that he also used Skype, Kik, Discord, Snapchat, and LiveMe to communicate with between 50 and 100 minors for the purpose of soliciting sexually explicit images of those minors. He admitted that he persuaded the victims to pose nude or engage in sexually explicit activities, sometimes with other minors. He admitted that he often paid victims to engage in this conduct, and he sent some of the material that he had requested to other people.
Perez is scheduled to be sentenced by Chief U.S. District Judge Lawrence J. O’Neill on May 20, 2019. Perez faces the following possible penalties: a mandatory minimum term of 15 years and a maximum of 30 years in prison for the sexual exploitation count; a mandatory minimum of 10 years to a maximum of life in prison for the coercion and enticement count; and a between 5 and 20 years in prison for the one count of receipt of child pornography. For all counts there is a potential $250,000 fine and a lifetime term of supervised release. 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 the product of an investigation by the Salt Lake City Police Department and the Federal Bureau of Investigation offices in Salt Lake City, Utah and Fresno. Assistant U.S. Attorney David Gappa is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Yuba City Man Sentenced to 20 Years in Prison for Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. — Chad Carl Jaycox, 28, of Yuba City, was sentenced today to 20 years in prison to be followed by 25 years of supervised release for receiving images of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, Jaycox received the images between April 2011 and September 2013. Jaycox was convicted in 2010 of unlawful sex with a minor, and he was on probation for that offense when federal agents executed a search warrant at his residence in September 2013. Upon the discovery of child pornography, Jaycox was arrested by state law enforcement agents for a violation of his probation.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Matthew G. Morris 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.
Vallejo Couple Indicted for Manufacturing Methamphetamine Pills at Elder Care FacilityRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a seven-count indictment today against Henry Benson, 37, and Roselle Cipriano, 35, of Vallejo, charging them with conspiracy to distribute and manufacture methamphetamine, distribution of methamphetamine, possession with intent to distribute methamphetamine, and possession of a firearm in furtherance of a drug trafficking crime, U.S. Attorney McGregor W. Scott announced. Benson was also charged with being a felon in possession of a firearm.
According to court documents, Benson and Cipriano manufactured pills inside a building that also housed an eldercare facility that they owned and operated in Vallejo. They manufactured the pills in various colors and shapes, including the Kool-Aid smiling pitcher, a likeness of President Donald J. Trump’s face, the Tesla emblem, and minions. Although the pills were sold as MDMA, they were found to contain methamphetamine.
When the eldercare facility was searched on February 7, 2019, agents seized a pill press, 31 pounds of methamphetamine pills, 17 pounds of suspected methamphetamine, various other powders and manufacturing equipment, and a shotgun within three feet of the pills. A search warrant executed the next day at a storage facility rented by Benson and Cipriano turned up five additional pill presses, hazmat clothing, and additional powder suspected of containing narcotics.
This case is the product of an investigation by the Drug Enforcement Administration. Assistant U.S. Attorney Cameron L. Desmond is 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, multilevel 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.
Benson and Cipriano are in custody pending trial. If convicted, they each face 10 years to life in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Three Indicted for Firearms Offenses in Sacramento and Solano CountyRead 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 returned indictments today in the following cases involving illegal firearms offenses.
Jedidiah Nathaniel Smith, 40, of Fairfield, is charged with being a felon in possession of a firearm. According to court documents, on December 5, 2018, police officers stopped a car with an expired registration that Smith was traveling in. After their initial contact with Smith, they learned that he was carrying a loaded revolver in his waistband. Smith cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense. This case is the product of an investigation by the Suisun City Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Jesus Aguilar Jr., 34, of Fairfield, is charged with being a felon in possession of a firearm. According to court documents, on November 19, 2018, police officers responded to emergency calls reporting that a man was trying to open motorists’ doors while the cars were stopped at an intersection. After the officers arrived on scene and tried to contact Aguilar, he discarded the handgun and was arrested moments later. Aguilar cannot lawfully possess firearms or ammunition because he has previously been convicted of a felony offense. This case is the product of an investigation by the Suisun City Police Department with assistance from the FBI’s Solano County Violent Crimes Task Force and the Solano County District Attorney’s Office.
Nassir Michaels, 39, of Reno, Nevada, is charged with one count of unlawful dealing in firearms and two counts of being a felon in possession of a firearm. According to court documents, between September 16, 2018, and October 12, 2108, Michaels engaged in the business of dealing in firearms without having an appropriate license. The firearms involved in the charged transactions included three assault rifles, one of which was capable of accepting a high-capacity magazine. Michaels is prohibited from lawfully possessing a firearm because he has previously been convicted of a felony offense. This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Federal Bureau of Investigation, Sacramento and Las Vegas Divisions, Sacramento Police Department, Sacramento County Sheriff's Department, California Department of Corrections and Rehabilitation's Special Services Unit (SSU) and the California Highway Patrol. Assistant U.S. Attorney Vincenza Rabenn is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty for the felon in possession of a firearm charge of 10 years in prison and a $250,000 fine. If convicted of the unlawful dealing in firearms charge, Michaels faces a maximum sentence of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Additional Charges Filed in Case of Seven Aliens Who Conspired to Harbor Newman Police Officer’s Alleged KillerRead the Press Release
FRESNO, Calif. — A federal grand jury returned a nine-count superseding indictment today against Erik Razo-Quiroz, 29, of Merced; Adrian Virgen-Mendoza, 25, of Fairfield; Conrado Virgen Mendoza, 34, of Chowchilla; Erasmo Villegas-Suarez, 36, of Buttonwillow; Ana Leydi Cervantes-Sanchez, 31, of Newman; Bernabe Madrigal-Castaneda, 59, of Lamont; and Maria Luisa Moreno, 57, of Lamont, adding six new charges relating to fraudulent identification documents to the previous charges of conspiring to harbor an alien and, as to Razo, being a felon and an alien in possession of a firearm.
U.S. Attorney McGregor W. Scott and Homeland Security Investigations Special Agent in Charge Ryan L. Spradlin made the announcement.
According to court documents, between December 26, 2018, and December 28, 2018, the defendants conspired to harbor and conceal Paulo Virgen Mendoza as he attempted to flee from California to Mexico to avoid prosecution for the murder of Newman Police Corporal Ronil Singh. It is alleged that in the early hours of December 26, 2018, Mendoza, an alien not lawfully present in the United States, shot and killed Corporal Singh. Thereafter, the seven defendants helped Mendoza hide from law enforcement, despite knowing that he had killed a police officer. The defendants transported, hosted, and provisioned Mendoza with clothes, money, and a new cellphone; concealed the truck that Mendoza was driving when he allegedly killed Corporal Singh; and made plans and wired money to smuggle Mendoza out of California and back to Mexico. Additionally, Razo, a convicted felon, disposed of the gun that Mendoza allegedly used. All of the defendants are aliens not lawfully present in the United States.
In the superseding indictment, Mendoza’s brothers, Conrado Virgen Mendoza and Adrian Virgen Mendoza, are also charged with using a false Social Security Number and possessing a false lawful permanent resident card in connection with securing employment. Another relative, Erasmo Villegas-Suarez, is also charged with using a false Social Security Number in connection with securing employment.
This case is the product of an investigation by Homeland Security Investigations (HSI) and the Stanislaus County Sheriff’s Office with assistance from the Immigration and Customs Enforcement’s Enforcement and Removal Operations, the Office of the Inspector General of the Social Security Administration, the Central Valley High Intensity Drug Trafficking Area (HIDTA) task force, the Southern Tri-County HIDTA, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the California Highway Patrol, the Kern, Merced, and Santa Cruz Counties Sheriff’s Offices, and the Police Departments of the cities of Merced, Turlock, Modesto, and Santa Cruz. Assistant U.S. Attorney Karen A. Escobar and Laura D. Withers are prosecuting the case.
The defendants are next scheduled to appear in federal court for a status conference on February 25. If convicted of the firearms offenses, Razo faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The charges of harboring conspiracy and misuse of a social security number carry a maximum statutory penalty of five years in prison and a $250,000 fine. Possession of false immigration documents carries a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ceres Man Pleads Guilty to 15-Pound Methamphetamine Deal in Kern CountyRead the Press Release
FRESNO, Calif. — Jose Manuel Sotelo-Mendoza, 26, of Ceres, pleaded guilty today to conspiring to distribute and possess with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Sotelo and his co-defendant Oscar Ivan Salazar-Avalos, 28, a citizen of Mexico, delivered 15 pounds of methamphetamine to an undercover officer in Delano after Salazar negotiated with the officer to sell the drug for $3,400 per pound. In pleading guilty, Salazar acknowledged that he and Sotelo had met his source of supply in Castaic in the northern part of Los Angeles County to obtain the 15 pounds of methamphetamine. In addition, Salazar indicated that they intended to make $51,000 on the deal.
Salazar is scheduled for sentencing on April 8, 2019, before U.S. District Judge Dale A. Drozd. Sotelo is scheduled for sentencing on May 13, 2019. They both face a 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.
This case is the product of an investigation by the Central Valley High Intensity Drug Trafficking Area Task Force, consisting of law enforcement officers of Homeland Security Investigations, California Highway Patrol, Bureau of Investigation of the California Department of Justice, Fresno Police Department, and Fresno County Sheriff’s Office. Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Indiana Man Charged with Sexual Exploitation Involving a Minor from Madera CountyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment today against Scott Matthew Trischler, 24, of Ft. Wayne, Indiana, charging him with one count of sexual exploitation of a minor, one count of enticement of a minor, and one count of receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to a criminal complaint, Trischler developed a relationship with a minor in Madera County while playing an online game with her. Trischler then communicated with the minor through Kik Messenger, Skype, TextNow, and Google Hangouts. He convinced her to create and transmit to him images of herself engaging in sexually explicit conduct from approximately December 2017 through March 2018.
Trischler was arrested in Ft. Wayne, Indiana on February 5, 2019, and he has been ordered detained at least through his next court appearance there on March 5, 2019.
This case is the product of an investigation by the Fresno, California and Ft. Wayne, Indiana offices of the Federal Bureau of Investigation as well as the Madera County Sheriff’s Office. Assistant U.S. Attorney David Gappa is prosecuting the case.
If convicted, Trischler faces the following possible penalties: a mandatory minimum term of 15 years and a maximum of 30 years in prison for the sexual exploitation count; a mandatory minimum of 10 years to a maximum of life in prison for the enticement count; and a potential five to 20 years in prison for the one count of receipt of child pornography. For all counts there is a potential $250,000 fine and a lifetime term of supervised release. 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.
Sierra Pacific Mortgage Agrees to Pay $3.67 Million to Resolve False Claims Act Allegations Related to the FHA Loan ProgramRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott announced today that Sierra Pacific Mortgage Company Inc. (SPM), a national mortgage lender headquartered in Folsom, has agreed to pay the United States $3,670,000 to resolve allegations that it violated the False Claims Act by falsely certifying compliance with Federal Housing Administration (FHA) mortgage insurance requirements in connection with certain loans.
During the time period covered by the settlement, SPM participated as a direct endorsement lender (DEL) in the U.S. Department of Housing and Urban Development’s FHA insurance program. A DEL has the authority to originate, underwrite, and endorse mortgages for FHA insurance. If a DEL approves a mortgage loan for FHA insurance and the loan later defaults, the holder of the loan may submit an insurance claim to HUD for the resulting losses. DELs are required to follow program rules designed to ensure they are properly underwriting and certifying mortgages for FHA insurance and to maintain a quality control program that can prevent and correct deficiencies in their underwriting practices.
The United States alleged that between April 2007 and June 2009, SPM knowingly submitted loans for FHA insurance that did not qualify. The United States further alleged that SPM failed to properly respond to internal warning signs that its loans were poorly underwritten and failed to properly implement a quality control program once it was aware of those warning signs.
The False Claims Act allows the government to recover damages and penalties for the presentation of false claims for payment to the United States. By improperly approving loans that did not qualify for FHA insurance, SPM caused the United States to pay insurance claims on those loans when they defaulted.
“When mortgage companies fail to follow lending standards, it harms both taxpayers and borrowers,” said U.S. Attorney Scott. “We will continue to work with HUD/FHA and our law our law enforcement partners to ensure the integrity of the FHA insurance program.”
“The wrongful actions of SPM were not minor mistakes or foot faults. There is no room at FHA for lenders who knowingly violate the trust placed in them as direct endorsement lenders,” HUD General Counsel Paul Compton said.
Assistant Special Agent in Charge Tony Meeks, HUD-Office of Inspector General, added, “When unscrupulous lenders deliberately ignore HUD guidelines, it undermines the housing market and creates distrust between potential home buyers and federal programs designed to assist them. Our office is committed to ensuring the FHA insurance program will not be mismanaged, and we are committed to pursuing all acts of fraud, waste and abuse.”
This settlement was the result of a joint investigation conducted with HUD’s Office of Inspector General. Assistant U.S. Attorney Colleen M. Kennedy handled the case for the United States. The claims settled by this agreement are allegations only and there has been no determination of liability.
Prisoner Convicted of Mailing Threats to Murder a Federal JudgeRead the Press Release
FRESNO, Calif. — After a two-day trial, a federal jury found Cyrus Dennis Braswell, 57, guilty today of three counts of mailing threatening communications, U.S. Attorney McGregor W. Scott announced.
According to court documents, a federal judge in the District of Alaska sentenced Braswell in 1998. Thereafter, while an inmate at Mendota Federal Correctional Institute in Fresno County, Braswell mailed communications to Alaska in which he threated to murder the judge after he got out of prison.
This case is the product of an investigation by the Federal Bureau of Investigation, the U.S. Marshals Service, and the Bureau of Prisons. Assistant U.S. Attorneys Laura D. Withers and Kirk E. Sherriff are prosecuting the case.
Braswell is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 6, 2019. Braswell faces a maximum statutory penalty of 10 years in prison and a $250,000 fine on each count. 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. Braswell currently remains in the custody of the Bureau of Prisons.