Eastern District of California
Press releases recorded for this federal judicial district.
Mexican National Sentenced for Harmful Marijuana Cultivation Operation in Sequoia National Forest in Tulare CountyRead the Press Release
FRESNO, Calif. — U.S. District Judge Dale A. Drozd sentenced Raul Cardenas-Solis (Cardenas), 22, a citizen of Michoacán, Mexico, today to three years and 10 months in prison for conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
In addition to his prison sentence, Judge Drozd ordered Cardenas to pay $11,195 in restitution to the U.S. Forest Service to defray the costs of cleaning up the area damaged by the cultivation operation.
On March 12, 2018, Cardenas pleaded guilty to the charges. According to court documents, in July, 2017, law enforcement officers found Cardenas checking water lines at a marijuana cultivation site in the North Meadow Creek area in Tulare County in the Sequoia National Forest. Cardenas resided at the site, which contained 10,488 marijuana plants. The cultivation operation caused extensive damage to the land and natural resources as a result of deforestation, pesticide and fertilizer use, the diversion of natural water sources, and trash dumped at the site.
This case was the product of an investigation by the U.S. Forest Service with assistance from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Karen A. Escobar prosecuted the case.
Mexican National Pleads Guilty to Theft of Social Security BenefitsRead the Press Release
SACRAMENTO, Calif. —Roberto Alvarez-Rivera, 84, a Mexican citizen residing in French Camp, pleaded guilty today to theft of government property, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 1954, Alvarez obtained the birth certificate of his cousin, who was a U.S. citizen, and used it to create a false identity to obtain a Social Security number and residence and employment in the United States. In 1996, Alvarez filed for Social Security retirement benefits under his false identity and collected approximately $221,210 in Social Security retirement benefits from 1996 to 2017. This money was the property of the United States, and Alvarez collected the money knowing he was not entitled to it.
This case is the product of an investigation by the Office of the Inspector General, Social Security Administration. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
Alvarez is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on October 22, 2018. Alvarez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sacramento Man Charged with Possession of a Firearm in Furtherance of a Drug Trafficking OffenseRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against David Donald Savage, 44, of Sacramento, charging him with possession with intent to distribute methamphetamine and heroin and possession of a firearm in furtherance of a drug trafficking offense, U.S. Attorney McGregor W. Scott announced.
According to court documents, Savage was arrested after a search of his vehicle revealed a backpack containing a loaded .45-caliber Springfield XD pistol, 120 grams of methamphetamine, 30 grams of heroin, and a scale.
This case is the product of an investigation by the Bureau of Alcohol Tobacco, Firearms, and Explosives, Sacramento County Sheriff’s Department, and Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Savage faces a maximum statutory penalty of life in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Sacramento Man Charged with Possession of Machine Guns and MethamphetamineRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Russell Valenzuela, 42, of Sacramento, charging him with unlawful possession of unregistered firearms, prohibited possession of a firearm, and possession with intent to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, Valenzuela was found to be in possession of two fully automatic submachine guns and 55 grams of methamphetamine following a search of the house where he was residing.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Sacramento Sheriff’s Department, and the Sacramento County District Attorney’s Office. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Valenzuela 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.
Roseville Man Indicted for Child Exploitation and Distribution of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Brian Baptiste Formiconi, 39, of Roseville, charging him with sexual exploitation of a child, distribution of child pornography, and possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, the Royal Canadian Mounted Police investigated a series of groups of users who were trading child pornography using Kik Messenger. Eventually, it was discovered that a user, whose account was traced to Roseville, was trading child pornography with at least three members of these groups. Further investigation lead to a search warrant for Formiconi’s home. During the search, at least one child pornography video was found on a laptop in the home.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Royal Canadian Mounted Police. Assistant U.S. Attorneys Audrey Hemesath and Roger Yang are prosecuting the case.
If convicted, Formiconi faces a maximum statutory penalty of 30 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Mexican National Charged with Growing Marijuana in the Shasta-Trinity National ForestRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Everado Cuadro Campos, 49, of Michoacán, Mexico, charging him with conspiracy to grow marijuana with the intent to distribute it and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 17, 2018, Campos was arrested in a marijuana garden in the Shasta-Trinity National Forest in Shasta County. Water to irrigate the marijuana plants was diverted from the Rock Creek drainage area, and there was an extensive waterline and trail system in the forest to tend to the marijuana plants.
This case is the product of an investigation by the United States Forest Service and the California Department of Fish & Wildlife.
If convicted, Campos faces a mandatory minimum penalty of 10 years in prison and up to life in prison and a $10 million fine for the marijuana conspiracy and manufacturing counts. If convicted of the environmental crime, Campos faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former Fresno-Area Auto Dealer Facing Federal Charges of Bank Fraud and Aggravated Identity TheftRead the Press Release
FRESNO, Calif. — Scott Radtke, 56, of Clovis, was arraigned today on a nine-count indictment charging him with bank fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, Radtke owned California Motoring Company, a car dealership in Clovis. Beginning as early as January 1, 2016, and continuing through June 2017, Radtke executed a scheme to defraud banks. When customers wanted to buy vehicles that Radtke’s dealership did not have in its inventory, Radtke offered customers the opportunity to buy them from other dealerships. Radtke received up-front payments from the customers or their banks, but did not give that money to the other dealerships. Instead, he spent it on business and personal expenses. Radtke then signed the customers’ names on sale documents and loan applications, which led banks to issue loans without the customers’ knowledge or authorization. Radtke’s actions involved at least 48 vehicles and over $2 million in fraudulently obtained goods and funds.
This case is the product of an investigation by the California Department of Motor Vehicles, the Federal Bureau of Investigation, and the Clovis Police Department. Assistant U.S. Attorney Michael G. Tierney is prosecuting the case.
If convicted, Radtke faces a maximum statutory penalty of 30 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.
Two Indicted for Trafficking Counterfeit Oxycodone Pills Containing FentanylRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today charging Alfredo Sanchez, 39, of Madera, and Saybyn Borges, 27, of Sacramento, with conspiracy to distribute fentanyl, distribution of fentanyl, and possession with intent to distribute fentanyl, U.S. Attorney McGregor W. Scott announced. Sanchez was also charged with being a felon in possession of a firearm.
According to the indictment, between May 3, 2018, and June 7, 2018, in Placer, San Joaquin and Madera Counties, Sanchez and Borges conspired to distribute and possess with intent to distribute fentanyl. According to the criminal complaint, Sanchez and Borges were involved in the sale of approximately 7,500 counterfeit oxycodone pills that were found to contain fentanyl, a synthetic opioid.
A search warrant executed on Sanchez’s residence recovered four firearms: a Kel-Tec 12 gauge shotgun, Ruger .38-caliber revolver, Colt .38-caliber Mustang Pocketlite semi‑automatic pistol, and Colt Commander .38‑caliber pistol. Sanchez is prohibited from possessing firearms.
This case is the product of an investigation by the Drug Enforcement Administration Tactical Diversion Squad. Assistant U.S. Attorney Cameron L. Desmond is prosecuting the case.
If convicted of the fentanyl counts, Borges and Sanchez face a minimum five years and a maximum of life in prison and up to a $5 million fine. If convicted on the firearms possession charge, Sanchez faces up to 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Project Safe Neighborhoods Cases Sentenced TodayRead the Press Release
SACRAMENTO, Calif. — As part the Eastern District of California’s strategy to reduce violent crime by focusing on eradicating illegal firearms, U.S. Attorney McGregor W. Scott announced the sentencing today of three federal firearms offenders.
U.S. District Judge Troy L. Nunley sentenced Tony Hill, 25, of Stockton to seven years and two months in prison for being a felon in possession of a firearm. According to court documents, Hill was found in possession of a stolen Smith & Wesson pistol with a speed-loader. Hill, who has multiple prior felony convictions, was on parole at the time of his arrest from a prior offense, and had been out of prison for less than four months. This case is the product of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives and Stockton Police Department. Assistant U.S. Attorney Cameron Desmond prosecuted the case. 2:17-cr-168 TLN
U.S. District Judge Morrison C. England Jr. sentenced Nicholas J. Lopez, 31, of Sacramento to seven years in prison for being a felon in possession of a firearm. According to court documents, in October 2016, Lopez was stopped for speeding on Interstate 5 in Glenn County. Because Lopez was driving with a suspended license, the car was seized and later searched. Inside the car the officers found a 9 mm handgun with a loaded 15-round magazine, two .40-caliber firearm magazines loaded with 10 rounds, and two 9 mm firearm magazines loaded with 10 rounds. Officers then executed a search warrant at Lopez’s residence where they found additional firearms. Because Lopez has previous felony convictions, he is prohibited from possessing firearms. This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Glenn Interagency Narcotics Task Force and the California Highway Patrol. Assistant U.S. Attorney Owen Roth prosecuted the case.
2:17-cr-003 MCEJudge Nunley sentenced Lavell McDonald, 38, of Stockton, to five years in prison for being a felon in possession of a firearm. According to court documents, on February 16, 2016, McDonald was stopped while driving a moped in Stockton for an outstanding warrant. Officers searched him and found a 9 mm handgun with a bullet in the chamber. They also found a loaded magazine that matched the handgun nearby. McDonald had previously been convicted of a felony and was prohibited from possessing a firearm or ammunition. This case is the product of an investigation by Bureau of Alcohol, Tobacco, Firearms and Explosives and the Stockton Police Department. Assistant U.S. Attorney Owen Roth prosecuted the case. 2:17-cr-010 TLN
These cases are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Mexican National Indicted for Marijuana Cultivation Near Sawmill Road in the Sequoia National ForestRead the Press Release
FRESNO, Calif. — A federal grand jury returned a three-count indictment Thursday against Saul Arreola-Cardenas, 27, of Mexico, charging him with conspiracy to grow marijuana with the intent to distribute it and damaging public lands and natural resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, Arreola-Cardenas was apprehended near Sawmill Road in the Sequoia National Forest after the U.S. Forest Service received a tip regarding a suspected marijuana grow in the area. Law enforcement agents scouted the area in an attempt to locate the site, and they eventually spotted part of the grow site. At that time, they encountered Arreola‑Cardenas walking along a trail near the site while carrying buckets and speaking on a cellphone.
Upon further investigation, law enforcement agents found approximately 1,402 marijuana plants, thousands of pounds of trash, irrigation hose, camping equipment, fertilizer and pesticides at the grow site. Native trees, brush and other vegetation had been cut down at and near the grow site, and dead native wildlife were found at the site as well.
This case is the product of an investigation by the U.S. Forest Service with assistance from the Kern County Sheriff’s Office, and the U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO). Assistant U.S. Attorney Angela Scott is prosecuting the case.
If convicted, Arreola-Cardenas faces a minimum statutory penalty of 10 years in prison, a maximum statutory penalty of life in prison, and a $10 million fine. If convicted of the environmental crime, Arreola-Cardenas faces a maximum statutory penalty of 10 years in prison and a fine of up to $250,000. If convicted, Arreola-Cardenas may also be liable for restitution to the U.S. Forest Service for damages stemming from the marijuana cultivation activities. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican National Charged with Possessing and Selling False Identification DocumentsRead the Press Release
FRESNO, Calif. — A federal grand jury returned an eight-count indictment today against Fernando Hernandez-Hernandez, 58, a Mexican citizen residing in Fresno, charging him with production and sales of false identification documents, possession of document‑making implements with intent to make false identification documents, fraud and misuse of visas and related documents, and being a previously deported alien found in the United States, U.S. Attorney McGregor W. Scott announced.
According to court documents, in March and May 2018, Hernandez-Hernandez manufactured and sold false identification documents to buyers. He is also charged with possessing document-making implements primarily used to manufacture the false identification documents. These documents included social security cards and lawful permanent resident “green” cards. Hernandez‑Hernandez is also charged with being found in the United States following a prior deportation.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, Hernandez-Hernandez faces a maximum statutory penalty of 15 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former DMV Employee Sentenced to over 3 Years in Prison for Bank Fraud and Identity Theft SchemeRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Troy L. Nunley sentenced Sarah Laray Sandoval, 40, of West Sacramento, today to three years and three months in prison for her participation in a scheme that involved stealing U.S. Mail and DMV data to commit bank fraud and identity theft, U.S. Attorney McGregor W. Scott announced.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors work closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for fraud schemes committed against the public.”
On May 10, 2018, Sandoval pleaded guilty to three counts of bank fraud and one count of aggravated identity theft. According to court documents, between December 2016 and June 2, 2017, Sandoval and co-defendant Anthony Andrew Zamarron, 38, of Elk Grove, and others, stole mail throughout Sacramento and Yolo Counties, including neighborhoods in West Sacramento, Elk Grove, and Sacramento. Then Sandoval and her associates cataloged the stolen mail, profiled victims for identity theft, and researched victims using DMV databases. Sandoval and her associates opened bank and credit accounts in the name of mail theft victims. They forged signatures and deposited the forged checks into accounts in Sandoval's name or into fraudulently opened accounts in victim names. They caused financial institutions to send debit and credit cards and related items to U.S. mail boxes under their control or to which they had access, including Sandoval's own residence.
Sandoval worked at the California DMV starting on June 26, 2000, and was in the DMV “Mandatory Actions Unit” from 2005 to July 14, 2017. She was responsible for making final decisions on reinstating the driving privileges for, among other offenses, driving under the influence. As a senior technician, Sandoval had access to statewide DMV records for license holders and databases containing license holders’ assigned driver license number and personal information, including name, date of birth, business, or residence mailing address. Sandoval accessed DMV data to assist the bank fraud and identity theft scheme.
Sandoval and her associates’ bank fraud and identity theft scheme involved over 100 different victims and intended loss of over $77,000.
Charges are pending against Zamarron, and he has not yet appeared in federal court on these charges. He is presently in custody in the state of Nevada for unrelated charges. The charges against Zamarron are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of investigation by the U.S. Postal Inspection Service with assistance from the California DMV Special Investigations Unit and the Elk Grove Police Department. Assistant U.S. Attorney Michelle Rodriguez is prosecuting the case.
Vallejo Woman Pleads Guilty to Tax Fraud ConspiracyRead the Press Release
SACRAMENTO, Calif. — Porsha D. Dickens, 44, of Vallejo, pleaded guilty Tuesday to conspiring to submit false claims for tax refunds to the Internal Revenue Service, U.S. Attorney McGregor W. Scott announced.
According to court documents, from March 2011 through March 2013, Dickens and her co-defendant Dionna Bradshaw participated in a conspiracy to submit false tax returns to the IRS by obtaining personal identifying information of 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 tax returns regarding employers, income, withholding from income, and eligibility for certain tax credits, among other things. The employers listed on most of the fraudulent returns were companies purportedly belonging to Dickens. The fraudulently obtained tax refunds were frequently directly deposited into the bank accounts of Dickens and Bradshaw. The total amount of refunds claimed in connection with the conspiracy was over $300,000.
This case is the product of an investigation by IRS Criminal Investigation. Assistant U.S. Attorney Christopher S. Hales is prosecuting the case.
Dickens is scheduled to be sentenced by U.S. District Judge John A. Mendez on October 23, 2018. Bradshaw previously pleaded guilty and also awaits sentencing. Dickens faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Former IRS Employee in Fresno Charged with Aiding and Assisting in the Preparation of False and Fraudulent Tax ReturnsRead the Press Release
FRESNO, Calif. — On April 12, 2018, a federal grand jury returned a seven-count indictment against Angela Milton, 35, of Fresno, charging her with aiding and assisting in the preparation and presentation of false and fraudulent tax returns, U.S. Attorney McGregor W. Scott announced.
The case was sealed until Milton’s arrest on Tuesday. According to court documents, between 2007 and 2014, Milton worked as a tax examining technician at the IRS in Fresno. Between 2010 and 2013, Milton allegedly prepared and filed false and fraudulent federal income tax returns for others and for herself. She added false information that she knew would increase the amount of the refund. For some tax returns, and without the authorization of the taxpayer, Milton claimed a split refund with part of the refund amount going to the taxpayer and the remaining refund directly deposited into accounts to which Milton had access. For other taxpayers, Milton filed a tax return without their knowledge or consent and caused the entire refund amount to be deposited into accounts to which Milton had access. As a result of her conduct, Milton is alleged to have defrauded the IRS of over $170,000.
This case is the product of an investigation by the U.S. Department of the Treasury, Office of Inspector General and IRS Criminal Investigation. Assistant U.S. Attorney Laura D. Withers is prosecuting the case.
If convicted, Milton faces a maximum statutory penalty of three 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.
Sacramento Man Sentenced to over Three Years in Prison for Nationwide Debit Card Fraud Scheme Targeting Apple StoresRead the Press Release
SACRAMENTO, Calif. — Marcus Israel Butler, 33, of Sacramento, was sentenced today by United States District Judge John A. Mendez to 41 months in prison and ordered to pay over $353,000 in restitution for fraud involving a debit card, United States Attorney McGregor W. Scott announced.
According to court documents, Butler traveled from Sacramento to cities throughout California and the rest of the United States, including the East Coast, Midwest, and Alaska, using a revoked debit card to purchase products from Apple stores. Butler told store associates that there was a problem with his debit card and invited the associates to call his bank. In fact, it was Butler’s conspirator with whom the associates spoke. The conspirator gave the sales associates a false code that allowed the transactions to be completed on Butler’s revoked debit card. Butler was arrested in Colorado after attempting further fraudulent purchases at Apple stores.
Butler also used the revoked debit card to purchase other goods and services. All totaled, the loss caused by Butler’s fraud scheme was approximately $353,000.
This case was the product of an investigation by the United States Secret Service. Assistant United States Attorney Todd A. Pickles prosecuted the case.
SACRAMENTO, Calif. — Marcus Israel Butler, 33, of Sacramento, was sentenced today by United States District Judge John A. Mendez to 41 months in prison and ordered to pay over $353,000 in restitution for fraud involving a debit card, United States Attorney McGregor W. Scott announced.
According to court documents, Butler traveled from Sacramento to cities throughout California and the rest of the United States, including the East Coast, Midwest, and Alaska, using a revoked debit card to purchase products from Apple stores. Butler told store associates that there was a problem with his debit card and invited the associates to call his bank. In fact, it was Butler’s conspirator with whom the associates spoke. The conspirator gave the sales associates a false code that allowed the transactions to be completed on Butler’s revoked debit card. Butler was arrested in Colorado after attempting further fraudulent purchases at Apple stores.
Butler also used the revoked debit card to purchase other goods and services. All totaled, the loss caused by Butler’s fraud scheme was approximately $353,000.
This case was the product of an investigation by the United States Secret Service. Assistant United States Attorney Todd A. Pickles prosecuted the case.
San Joaquin County Man Sentenced to 20 Years in Prison for International Drug-Trafficking ConspiracyRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge William B. Shubb sentenced Francisco Felix, 45, of Mountain House, to 20 years in prison for his role in leading a large, multi-defendant drug-trafficking conspiracy that moved significant quantities of methamphetamine from Mexico into California and throughout the United States, and that controlled at least three large marijuana grows in the Central Valley of California, U.S. Attorney McGregor W. Scott announced.
U.S. Attorney Scott stated: “This defendant coordinated the smuggling of vast amounts of methamphetamine from Mexico into the United States and facilitated their distribution throughout the Central Valley. Through hard work and coordination with our many law enforcement partners, we were able to bring Felix to justice. We are committed to continuing the fight against large-scale drug trafficking enterprises and will prosecute them to the fullest extent of the law.”
On August 7, 2017, a federal jury convicted Felix of one count of conspiring to distribute methamphetamine, one count of conspiring to manufacture and distribute marijuana, and three counts of using a cellphone to facilitate a drug trafficking crime.
On February 13, 2014, Felix and 13 other defendants were charged with a number of drug-trafficking crimes. Felix is the only defendant to go to trial; 10 co-defendants pleaded guilty and three are fugitives.
This case arose from a year-long investigation that revealed a drug-trafficking organization with connections to the state of Sinaloa in Mexico. The organization was based in the Central Valley of California, and actively imported large amounts of methamphetamine into the United States. Evidence at trial established that Felix and his network were capable of importing 50 pounds of methamphetamine (with a wholesale value of approximately $200,000) into the United States every eight days.
In addition, the evidence at trial established that the organization was cultivating substantial quantities of marijuana at many properties in both Stanislaus and San Joaquin counties.
Over nine months, investigators acquired over 80 pounds of methamphetamine, approximately 20 pounds of marijuana, and six firearms, including three assault rifles and a “Desert Eagle” .50-caliber handgun, from members of the organization. Finally, on the day of Felix’s arrest, investigators seized over 2,100 marijuana plants at properties under Felix’s control.
This case is the product of an investigation by the California Department of Justice’s Mountain and Valley Marijuana Investigation Team (MAVMIT), under the auspices of the Central Valley High Intensity Drug Trafficking Area (HIDTA) Program; U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI); the Placer County District Attorney’s Office; the Placer County Special Investigations Unit (SIU); the Sheriff’s Departments from Placer, El Dorado and Sacramento Counties; the California Department of Fish and Wildlife; the California Department of Corrections and Rehabilitation; the California National Guard, Counterdrug Task Force; and the Yolo Narcotic Enforcement Team (YONET). In addition, at the conclusion of the investigation, hundreds of law enforcement officers from several states took part in a 28-location takedown.
Assistant U.S. Attorneys Justin Lee and Michael Beckwith prosecuted 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.
Fresno Gamecock Breeder Pleads Guilty to Animal Cruelty ChargeRead the Press Release
FRESNO, Calif. — Thomas Lee Crow, 49, of Fresno, pleaded guilty today to aiding and abetting an unlawful animal fighting venture involving a large cockfighting enterprise, U.S. Attorney McGregor W. Scott announced.
Animal fighting is illegal under federal law. In cockfighting, roosters are typically outfitted with sharp instruments or spurs on their legs and fight to the death with spectators betting on the outcome.
According to his plea agreement, law enforcement officers searched Crow’s rural Fresno residential property last summer after he was found at a large cockfighting event in Kerman. At the cockfight, Fresno County deputies and detectives recovered 129 fighting roosters, including 28 dead and nine injured roosters. Crow was in possession of $22,800 in cash, along with a score sheet that tracked fighting bird entries and winnings. They also found cockfighting equipment, such as gaffs, blades, sheaths, gamecock leather boots, and scales. During the search of Crow’s residence, officers found an additional 200 fighting roosters and other items associated with cockfighting. They seized over 300 gaffs, including Mexican slashers, injectables used for fighting birds, and scoresheets.
Crow is scheduled for sentencing on October 22, 2018, before Chief U.S. District Judge Lawrence J. O’Neill. Crow faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Department of Agriculture Office of Inspector General, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Fresno County Sheriff’s Office, Humane Society, and Central California SPCA. The Environmental Crimes Section of the U.S. Department of Justice also assisted in the investigation.
The U.S. Attorney’s Office has partnered with the Rural Crimes and Animal Cruelty Unit of the Fresno County District Attorney’s Office in coordinating the filing of charges against Crow and three spectators at the cockfight in Kerman. The District Attorney’s Office prosecuted and convicted the spectators Job Hernandez, 35, of Visalia, Javier Flores-Arreola, 49, of Los Banos, and Javier Cerda, 65, of Reedley on animal cruelty charges. Assistant United States Attorney Karen A. Escobar prosecuted the case against Crow.
Final Defendant Pleads Guilty to Defrauding California Workers’ Compensation SystemRead the Press Release
FRESNO, Calif. — John Thomas Terrence, 75, of Marina del Rey, pleaded guilty today to health care fraud involving a scheme to defraud the California workers’ compensation insurance system, U.S. Attorney McGregor W. Scott announced.
According to court documents, Terrence, a clinical psychologist saw patients in Bakersfield by “Skype,” generated reports for each patient that were virtually word-for-word identical, and then submitted identical bills to the insurance companies. Co-defendants Bhahar Gharib-Danesh, 41, of Woodland Hills, and Na Young Eoh, 44, of Bakersfield, were chiropractors working at the same company. They previously pleaded guilty to health care fraud charges in this case. The three defendants admitted to assisting in submitting bills to workers’ compensation insurers for medical-legal evaluations for which they were not legally permitted to bill.
Pain Free Diagnostics Inc. (dba Pain Free Management) pleaded guilty on July 9, 2018, to conspiracy to commit health care fraud and agreed to pay restitution to the defrauded worker’s compensation insurers in the amount of $1.2 million.
This case is the product of an investigation by the Federal Bureau of Investigation, the California Department of Insurance Fraud Division, and the Kern County District Attorney’s Office. Assistant U.S. Attorneys Mark J. McKeon and Michael Tierney are prosecuting the case.
Terrence is scheduled to be sentenced by U.S. District Judge Lawrence J. O’Neill on October 22, 2018; Gharib-Danesh is scheduled to be sentenced on October 1, 2018; and, Eoh is scheduled to be sentenced on September 4, 2018. Each defendant faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Tulare County Men Indicted for Series of Armed Robberies in Tulare and Kern Counties and in NebraskaRead the Press Release
FRESNO, Calif. — A federal grand jury returned a five-count indictment Thursday against Javier Beltran, 34, of Strathmore, and Ulises Medina, 24, of Earlimart, charging them with conspiracy to commit Hobbs Act robbery, interference with commerce by robbery, and brandishing a firearm during and in relation to a crime of violence, U.S. Attorney McGregor W. Scott announced.
According to court documents, Beltran and Medina were members of a conspiracy that committed a series of armed robberies of gas stations, convenience stores, and liquor stores from May 19, 2016, until July 22, 2017.
Beltran, Medina, and their co-conspirators used a similar modus operandi for each robbery. First, Beltran, Medina, and other conspirators would steal a Chevrolet or GMC sports utility vehicle or truck manufactured between 2000 and 2006. Beltran, Medina, and other conspirators would push a hole in the lock on the door of the vehicle, open the steering shaft, and start the vehicle without a key. Next, Beltran, Medina, and other conspirators would drive to a gas station, convenience store, or liquor store in the stolen vehicle. They would park the vehicle outside, and Beltran, Medina, and other conspirators, wearing masks and gloves, would enter the store carrying guns. They would order the store clerk to give them money, then they would steal money from the cash register or safe in the store. Finally, Beltran, Medina, and other conspirators would flee in the stolen vehicle, drive it a short distance, and switch to another getaway vehicle, often leaving the stolen vehicle running.
The indictment alleges that Beltran, Medina, and their conspirators committed at least seven armed robberies in Tulare and Kern Counties between May 2016 and January 2017. The next month, Beltran, Medina, and other conspirators travelled to Nebraska, where they engaged in similar conduct. Beltran, Medina, and their conspirators then returned to California, where they committed three more armed robberies.
According to the indictment, in furtherance of the conspiracy, Beltran, Medina and other conspirators committed robberies that included:
May 19, 2016, Applegate’s Market, Porterville
June 29, 2016, Applegate’s Market, Porterville
October 2, 2016, EZ Shop-N-Go, Strathmore
November 4, 2016, EZ Shop-N-Go, Strathmore
December 20, 2016, SA Market, Earlimart
December 30, 2016, Payless Liquor, Bakersfield
January 18, 2017, Joe’s Westside, Porterville
February 22, 2017, Robbery of Tienda Mexicana Guerrero, Fremont, Nebraska
March 13, 2017, Amigo’s Market, Earlimart
May 12, 2017, Sunshine Market, Earlimart
July 22, 2017, Woodville Liquor, Porterville
This case is 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 are prosecuting the case.
If convicted of the conspiracy to commit a Hobbs Act robbery, the defendants face a mandatory statutory penalty of 20 years in prison, a maximum penalty of life in prison and a $250,000 fine. Beltran was charged with two counts and Medina was charged with one count of interference with commerce by robbery, which carries a maximum of 20 years in prison and a $250,000 fine if convicted. Beltran was charged with two counts and Medina was charged with one count of brandishing a firearm during and in relation to a crime of violence, which carries a mandatory statutory penalty of at least seven consecutive years up to a maximum statutory penalty of life in prison, and a $250,000 fine if convicted. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Synthetic Drug Dealer Convicted on All CountsRead the Press Release
FRESNO, Calif. — Following a month-long jury trial, Douglas Jason Way, aka Jason Way, 45, of Evanston, Illinois, was found guilty today on all counts for a conspiracy to manufacture and distribute synthetic marijuana, U.S. Attorney McGregor W. Scott announced.
On May 15, 2014, Way was charged by an indictment filed in Fresno with conspiring to manufacture, distribute, and possess with intent to distribute synthetic cannabinoids or designer drugs, commonly known at the street level as “spice,” “K2” or “herbal incense.” He was also charged with manufacturing, distributing, possessing with intent to distribute, and attempting to possess with intent to distribute synthetic cannabinoids and with conspiring to possess acetone, a List II chemical, for the purpose of manufacturing synthetic cannabinoids, conspiring to defraud the United States and commit offenses against the United States, and causing the introduction of misbranded drugs into interstate commerce.
According to court documents, Way was the leader of a drug conspiracy involving the manufacture and distribution of at least 24 tons of smokable synthetic cannabinoids that contained the synthetic drugs AM-2201 and XLR11, also known as 5-F-UR-144. The chemicals came from China and the finished product was sold to smoke shops and retail outlets throughout the United States and generated over $32 million in illicit income in five months. Manufactured by companies called Zencense and ZenBio, the drugs were processed in warehouses in Millbrae and Stockton and marketed under the brand names of Bizarro, Posh, Sonic Zero, Headhunter, Neutronium, and Orgazmo. They were distributed to The Stuffed Pipe smoke shops located throughout the Central Valley of California, as well as to other retail establishments in 47 states.
Public health and law enforcement agencies have seen the emergence of synthetic drug use. State and local public health departments note that synthetic cannabinoids cause serious adverse health effects, including agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremor, seizures, hallucinations, paranoid behavior, and even death. According to the American Association of Poison Control Centers, poison centers throughout the United States received 5,230 calls about exposures to these drugs in 2012 and 2,656 exposures in 2013. Making matters worse, synthetic cannabinoids are often marketed as “legal” substances and sometimes labeled as “herbal incense” or “potpourri.” The 2012 Synthetic Drug Abuse Prevention Act made 26 types of synthetic cannabinoids, including AM-2201, Schedule I drugs under the Controlled Substance Act. DEA placed JWH-018 in Schedule I in 2011 and placed XLR11 in Schedule I in 2013.
This case was the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the DEA, IRS, and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with assistance from the Food and Drug Administration (FDA), and Fresno County Sheriff’s Office. Numerous other law enforcement agencies assisted in follow-up investigation, including the St. Cloud, Minnesota Police Department; Mars Hill, North Carolina Police Department; Montgomery County, North Carolina Sheriff’s Office; Buncombe County, North Carolina, Sheriff’s Office; and Willis, Texas Police Department. The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General’s drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. This OCDETF investigation was also part of a nationwide law enforcement effort coordinated by the DEA’s Special Operations Division. Assistant U.S. Attorneys Karen A. Escobar and Vincenza Rabenn are prosecuting the case.
Way is scheduled for sentencing on October 29, 2018, before U.S. District Judge Dale A. Drozd. With respect to the drug charges, Way faces a maximum statutory penalty of 20 years in prison and a $1 million fine, as to each count. The conspiracy to defraud charge carries a maximum penalty of five years in prison and a $250,000 fine. The FDA mislabeling charge carries 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.
Way is also facing the forfeiture of over $589,000, representing the drug proceeds that he derived from the illegal operation. To date, the U.S. Attorney’s Office has forfeited more than $6.5 million of drug proceeds: $6,488,000 in cash and $191,000 in other assets, including a 2013 Ford F350 pickup truck and a 2014 Airstream travel trailer.
Shasta County Woman Sentenced to 1 Year in Prison for Faking Redding-Area Drug Test ResultsRead the Press Release
SACRAMENTO, Calif. — Demetri Dearth, 61, of Cottonwood, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to one year in prison and $2,500 in special assessments for forging and falsifying documents and then billing clients of her employment drug testing company for tests that never occurred, U.S. Attorney McGregor W. Scott announced.
According to court documents, between about 2006 and about 2010, Dearth owned and operated Advanced Substance Abuse Programs in Redding, California. This company assisted employers in complying with United States and California regulations requiring pre-employment and random employee drug screenings. Dearth’s client roster included more than 80 companies in industries as varied as aviation, trucking, construction, logging, and education. They paid her to test prospective and current employees for drug use, to notify companies of these drug test results, and to maintain testing records in compliance with federal and state regulations.
Between March 2009 and February 2010, Dearth forged some of the drug test results that she reported to her client companies. In at least 46 instances, Dearth did not forward urine samples to approved testing laboratories. Instead, she faked documents certifying that the samples had been tested and obtained negative results. Doing so allowed her to bill client companies for testing that never occurred. It also prevented these companies from knowing whether their prospective and current employees were, in fact, drug-free when they performed potentially dangerous work, such as driving heavy trucks on public highways or providing services to the airline industry.
On October 20, 2017, Dearth pled guilty to 16 counts of making false statements to a government agency and nine counts of mail fraud. Dearth has been ordered to surrender to federal authorities on September 6, 2018. After completing her prison sentence, she will serve one year of probation.
This case was the product of an investigation by the Department of Transportation, Office of the Inspector General and the California Highway Patrol. Assistant United States Attorneys Amanda Beck, Michael D. Anderson, and Lee S. Bickley prosecuted the case.
Operation Synthetic Opioid Surge Announced by the Department of JusticeRead the Press Release
SACRAMENTO, Calif. — Attorney General Jeff Sessions, U.S. Attorney McGregor W. Scott of the Eastern District of California and DEA Special Agent in Charge Chris Nielsen announced this week Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas, specifically fentanyl, and to identify wholesale distribution networks and international and domestic suppliers.
“When it comes to synthetic opioids, there is no such thing as a small case,” Attorney General Sessions said. “In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal — that’s not even enough to cover up Lincoln’s face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy — and the new prosecutors who will help carry it out — will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs.”
As part of Operation S.O.S., the Department will launch an enforcement surge in 10 districts that have experienced high drug overdose death rates, including the Eastern District of California. The DEA Special Operations Division will coordinate efforts to ensure that leads from street-level cases are used to identify larger-scale distributors. In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.
“The deadliness of synthetic opioids cannot be emphasized enough,” U.S. Attorney McGregor W. Scott said. “These drugs kill and have the power to ruin the lives of those in their grip. The Eastern District of California is a transshipment corridor for all kinds of drugs, including fentanyl and fentanyl analogues, and many of our communities, especially in the district’s northern counties, have experienced their devastating effects. We plan to employ these new resources to help protect our communities from these lethal drugs.”
“Too many Americans are caught in the terrible grip of opioid addiction, and fentanyl can kill,” stated DEA Special Agent in Charge Chris Nielsen. “We have seen an increase in the availability of synthetic opioids in this region — along with the destructive consequences that follow. DEA is committed to using every tool available to pursue those distributing this poison in our communities, and we welcome this announcement by the Attorney General.”
The Eastern District of California will use the additional resources to coordinate with district attorney offices to prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids. The office will also redouble efforts to disrupt the distribution of these drugs by targeting the transshipment corridors that bisect the district: Interstate Highways 5 and 80. Through these efforts, law enforcement can stop further distribution of the drugs to the Midwest and East Coast, while also working to identify and prosecute large-scale suppliers. Already this year, 13.9 kilos (over 30 pounds) of fentanyl have been seized in the Eastern District of California.
According to the California Department of Public Health, Modoc County had an opioid overdose death rate of 23.78 out of 100,000 residents in 2017, which is about five times the overall rate for California, which is 4.49 opioid deaths per 100,000 residents. Yuba and Shasta County’s opioid overdose death rate is almost three times the state’s rate.
The other nine districts participating in Operation S.O.S. are:
Northern District of Ohio
Southern District of Ohio
Eastern District of Tennessee
Eastern District of Kentucky
Southern District of West Virginia
Northern District of West Virginia
District of Maine
Western District of Pennsylvania
District of New Hampshire
Leader of Large-Scale Drug Distribution and Money Laundering Conspiracy Sentenced to over 10 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Dustin Wilson, 41, of Clear Lake, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 10 years and 10 months in prison for distribution of cocaine and money laundering, U.S. Attorney McGregor W. Scott announced.
According to court documents, Wilson conspired with co-defendants Michele Troung and Brandon Roberts to distribute marijuana and cocaine from Sacramento to the Southeastern United States. These defendants also conspired to conceal the proceeds of their drug trafficking through various monetary transactions, including, at Wilson’s direction, using associates to send drug proceeds through MoneyGram or depositing it into Troung’s bank account.
This case was the product of an investigation by the Drug Enforcement Administration and the IRS Criminal Investigation. Assistant U.S. Attorney Todd A. Pickles prosecuted the case.
Troung was sentenced to six years and six months in prison, and Roberts was sentenced to three years and one month in prison.
Courier for Drug-Trafficking Ring Sentenced to 3 Years in Prison for Transporting Drug Proceeds to MexicoRead the Press Release
SACRAMENTO, Calif. — Verenys Parra Arellanez, 23, of San Bernardino, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to three years in prison for conspiring to distribute heroin, U.S. Attorney McGregor W. Scott announced.
According to court documents, Parra Arellanez transported money to Mexico from the sale of heroin in the Eastern District of California. In total, Parra Arellanez took almost $300,000 in drug proceeds to Mexico.
This case was the product of an investigation by the Drug Enforcement Administration. Assistant United States Attorney Todd A. Pickles prosecuted the case.
Parra Arellanez is the latest defendant to be sentenced as part of the DEA’s investigation of a drug-trafficking ring centered in Sacramento and Bakersfield that distributed heroin and methamphetamine throughout the Eastern District. To date, 12 defendants have been sentenced to a combined 69.5 years of incarceration.
Charges are pending against co-defendants Maria D. Arellanez Rios, Juan Alamilla Guzman, and Jesus Ramon Machado Lopez, who are believed to be fugitives. They are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Guilty Plea in Multimillion Dollar Movie Studio Construction Scam in Northern CaliforniaRead the Press Release
SACRAMENTO, Calif. —Carissa Carpenter, 55, formerly of Malibu, pleaded guilty today to two counts of mail fraud and one count of lying to a federal agent, U.S. Attorney McGregor W. Scott announced.
According to court documents, from 1997 until October 24, 2014, Carpenter represented to investors and others that she had a project to build a movie studio in Northern California. As a result of the scheme, investors, firms who did work for Carpenter, and municipalities collectively lost millions on the project.
According to the factual basis in support of the plea, Carpenter claimed that her projected movie studio complex was supported by well-connected people in the entertainment industry and that she had invested hundreds of millions of dollars of her own money in the project and that she had arranged financing for the project but needed investment or bridge loans until the alleged financing was complete. The locations of the project varied: El Dorado Hills, north of the Sacramento International Airport in Sutter County, Lathrop, the former naval base on Mare Island in Vallejo, and Dixon, among other places. Additionally, Carpenter represented that reputable architecture, construction, design, and public relations firms were involved in the project, and that she had or was in the process of finalizing the purchase of the land where the studio would be built. As a result, investors gave Carpenter millions of dollars to invest in her studio project.
In fact, Carpenter used investor money to fund her personal expenses and extravagant lifestyle. Contrary to her claims, the Hollywood people were not involved in the project at all or had little involvement. Similarly, the architecture, construction, design, and public relations firms were not involved or had done only preliminary work on the project. Carpenter also did not own or purchase property for the studio.
Further, during the investigation in July 2013, Carpenter told an FBI agent that she told investors that she was going to use their money for personal expenses and that she had used 50 to 75 percent of investor money for the project. These statements were false.
This case is the product of an investigation by the Federal Bureau of Investigation and IRS-Criminal Investigation. Assistant U.S. Attorneys Todd A. Pickles and Rosanne L. Rust are prosecuting the case.
Carpenter is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on September 28, 2018. Carpenter faces a maximum statutory penalty of 20 years in prison and a $250,000 fine or twice the gross loss or gain for the two counts of mail fraud and up to five years in prison for false statement to a government agent. 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.
Solano County Man Sentenced to 15 Years in Prison for Methamphetamine and Firearms ConvictionsRead the Press Release
SACRAMENTO, Calif. — Wesley Keith Smith, 35, of Fairfield, was sentenced today by U.S. District Judge John A. Mendez to 15 years in prison for possessing methamphetamine with the intent to distribute it and for being a felon in possession of firearms, U.S. Attorney McGregor W. Scott announced.
According to court documents, in September 2016, police officers executed search warrants on Smith, a car he drove, and a house he was known to frequent. In that search, the officers found that Smith was in possession of more than a pound of methamphetamine, a digital scale, clear plastic baggies, $4,000 in cash, and two firearms. At the time of the search, Smith had prior state-law convictions for possession of controlled substances for sale. Smith was taken into custody at the time of the search and has remained in custody since then. He will now be transferred to the Bureau of Prisons to serve the balance of his sentence.
This case was the product of an investigation by the Fairfield Police Department and the FBI Solano County Violent Crimes Task Force. Assistant U.S. Attorney Owen Roth prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Elk Grove Man Sentenced to 22 Years in Prison for Producing Child PornographyRead the Press Release
SACRAMENTO, Calif. —Alexander Jordan Miller, 22, of Elk Grove, was sentenced today to 22 years in prison for producing child pornography, U.S. Attorney McGregor W. Scott announced.
U.S. Attorney Scott stated: “Miller was a social media predator who spent hours searching for victims who were old enough to know how to use social media, but young enough to be susceptible to his extortion scheme. Rather than physical force, he used fear to compel girls to create the videos he demanded. Today’s sentence rightly takes into account the physical and psychological pain he inflicted on the young, vulnerable victims.”
“This case highlights the critical importance of educating children about safe and responsible internet use,” said Special Agent in Charge Sean Ragan of the FBI Sacramento Field Office. “Miller used the anonymity of the internet to his advantage and used coercive threats, blackmail, and shame to put his young victims in impossible situations. The impact of Miller’s despicable behavior on his victims cannot be overstated. The FBI is committed to unmasking those who use the internet to exploit the innocence of our nation’s children. We hope Miller’s sentencing serves as caution to families about internet safety and as a message to would-be offenders that such crimes will not go undetected.”
According to court documents, in 2015, Miller, under various pseudonyms, used social media and a messaging app to persuade minor victims to take and then send nude photos of themselves engaged in sexually explicit conduct. In each instance, after Miller obtained one or more nude photos of the victim, Miller demanded that the victim provide additional, and increasingly graphic, nude videos and photos. Miller told each victim that if she did not provide more nude videos or photos, he would send the victim’s friends and family the explicit photos that the victim provided previously, or he threatened to post the victim’s photos on the internet. As part of this extortion scheme, Miller used at least 12 minor victims to produce child pornography. One of the victims was 11 years old at the time of the offense.
This case was the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brian A. Fogerty 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.
Bay Area Methamphetamine Trafficker Sentenced to 25 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge John A. Mendez sentenced Donnie Joe Phillips, 65, of Concord, today to 25 years in prison for methamphetamine trafficking, U.S. Attorney McGregor W. Scott announced.
On February 7, 2018, after a five-day trial, a federal jury found Phillips and his co‑defendant Gordon Owen Miller, 60, of Clayton, guilty of conspiracy to distribute methamphetamine. Miller was found guilty of two counts of distribution and two counts of possession with intent to distribute methamphetamine. Phillips was found guilty of eight counts of distribution and two counts of possession with intent to distribute methamphetamine.
According to evidence produced at trial, between June 2014 and February 2015, Phillips and Miller supplied methamphetamine to co-defendant Phyliss Mosher, 51, of Vallejo, who supplied it to an undercover agent. The drug deals took place in Solano and Yolo Counties. On January 25, 2018, Mosher was sentenced to 15 years in prison after she pleaded guilty to the methamphetamine trafficking conspiracy on May 9, 2017. On May 15, 2018, Miller was sentenced to 20 years in prison.
This case was the product of an investigation by the Drug Enforcement Administration, the El Dorado County Sheriff’s Office, the El Dorado County District Attorney’s Office, the California Highway Patrol, the Vallejo Police Department, and the California Department of Corrections and Rehabilitation. Assistant U.S. Attorneys Jason Hitt and Jill Thomas prosecuted 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.
Solano County Woman Sentenced to over 2 Years in Prison for Conspiracy and Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — Michelle Louise Travis, 53, of Suisun City, was sentenced today by U.S. District Judge Kimberly J. Mueller to two years and three months in prison for conspiracy to commit wire fraud and aggravated identity theft, U.S. Attorney McGregor W. Scott announced.
According to court documents, in 2013, Travis and co-defendant Pamela Dawn Pierson used identity theft victims’ personal identifying information to file fraudulent tax returns in order to obtain income tax refunds to which they were not entitled. As part of their scheme, Travis and Pierson obtained and shared lists of personal identifying information, which included identity theft victims’ names and social security numbers. Travis and Pierson submitted a total of $66,022 in fraudulent claims to the Internal Revenue Service.
This case was the product of an investigation by the IRS Criminal Investigation, the Federal Bureau of Investigation, and the Fairfield Police Department. Assistant U.S. Attorney Brian A. Fogerty prosecuted the case.
On March 14, 2018, Judge Mueller sentenced Pierson to two years and three months in prison.
Four Bakersfield Men Arrested Today for Conspiring to Distribute Synthetic NarcoticsRead the Press Release
FRESNO, Calif. — On June 28, 2018, a federal grand jury returned an indictment against Mubarek Alnajar, 28; Yousef Nazem Alnajar, 24; Nazem Ahmed Alnajar, 46; and Bandar Gamal Saleh Alnaggar, 39, all of Bakersfield, charging them with conspiring to distribute synthetic narcotics, U.S. Attorney McGregor W. Scott announced.
According to court documents, from August 2016 through March 2018, the defendants conspired to distribute synthetic narcotics, including FUB-AMB, ADB-PINACA, AB‑FUBINACA, all Schedule I controlled substances. They distributed narcotics through several minimarts and smoke shops they owned and managed in Bakersfield.
This case is the product of an investigation by the Drug Enforcement Administration, California Highway Patrol, and Bakersfield Police Department. Assistant U.S. Attorney Grant B. Rabenn is prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This 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.
Two Stockton Men Indicted on Firearms ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned two indictments this week charging Stockton residents Somnang Chea, 34, with being a felon in possession of ammunition and Phirum Phin, 30, with being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, Stockton Police officers arrested Chea and Phin after they ran following an attempted a traffic stop. Court documents allege that Chea possessed a fully automatic handgun with a laser sight and a high-capacity magazine with 22 rounds of ammunition, and that Phin possessed a stolen Glock handgun with a laser sight and high-capacity magazine.
Chea and Phin have previously been convicted of felonies and are prohibited from possessing firearms or ammunition.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Stockton Police Department, and the San Joaquin County District Attorney’s Office. Assistant U.S. Attorney Cameron L. Desmond is prosecuting the case.
If convicted, Chea and Phin each face a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants arepresumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Sacramento Man Indicted for Illegal Firearm PossessionRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a one-count indictment this week against Dominic Raymond Orozco, 38, of Sacramento, charging him with being a felon in possession of a firearm, United States Attorney McGregor Scott announced.
According to court documents, on May 16, 2018, Orozco was found in possession of a Smith & Wesson 9 mm handgun. Orozco has at least one prior felony convictions, making it illegal for him to possess a firearm.
This case was the product of an investigation by the Federal Bureau of Investigation Safe Streets Task Force, the Sacramento County District Attorney’s Office, the Sacramento Police Department, and the Sacramento County Sheriff’s Department. Assistant United States Attorneys David W. Spencer and Justin L. Lee are prosecuting the case.
If convicted, Orozco 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 applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Sacramento County Man Sentenced to 10 Years for Attempted Enticement of A MinorRead the Press Release
SACRAMENTO, Calif. — George Hristovski, 59, of Elverta, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 10 years in prison for attempted enticement of a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, Hristovski posted an online advertisement seeking a mother who was willing to allow him to have sex with her daughter. An undercover agent with the Placer County Sheriff’s Department responded to the advertisement and began to correspond with Hristovski, posing as a mother and eventually her 13-year-old daughter. Hristovski was arrested on August 4, 2014, after making explicit demands for pornographic images of the 13-year-old girl that he believed he was communicating with, and for attempting to arrange a meeting with the girl for the purpose of having sex with her.
This case was the product of an investigation by the Federal Bureau of Investigation with assistance from the Placer County Sheriff’s Department. Assistant U.S. Attorney Michele 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 Elk Grove Resident Indicted for Bankruptcy-Related OffensesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an 18-count indictment today against Arlina Alexander-Zaplutus, 50, formerly of Elk Grove, charging her with making false statements in bankruptcy cases, and falsification of documents in bankruptcy, U.S. Attorney McGregor W. Scott announced.
According to court documents, Alexander-Zaplutus filed and caused the filing of bankruptcy petitions in the U.S. Bankruptcy Court for the Eastern District of California that contained materially false information, including purported debtors’ names, addresses, and Social Security numbers. Alexander-Zaplutus is alleged to have filed and caused the filing of the falsified petitions to invoke the automatic stay provisions of federal bankruptcy law with respect to her and her clients’ residential properties, which halted creditors’ collection and foreclosure actions. The indictment also alleges that Alexander-Zaplutus falsified bankruptcy petitions with the intent to obstruct the investigation and proper administration of bankruptcy cases.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorneys Philip A. Ferrari and Matthew C. Thuesen are prosecuting the case.
Alexander-Zaplutus’ whereabouts are unknown. A warrant was issued for her arrest.
If convicted, Alexander-Zaplutus faces a maximum statutory penalty of five years in prison and a $250,000 fine for each false statement count and 20 years in prison and a $250,000 fine for each count of falsifying documents in bankruptcy. 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.
National Health Care Fraud Takedown Results in Charges Against 601 Individuals Responsible for $2 Billion in Fraud LossesRead the Press Release
FRESNO, Calif. — Attorney General Jeff Sessions and Department of Health and Human Services (HHS) Secretary Alex M. Azar III, announced today the largest ever health care fraud enforcement action by the Medicare Fraud Strike Force, involving 601 charged defendants across 58 federal districts, including 165 doctors, nurses, and other licensed medical professionals for their alleged participation in health care fraud schemes involving approximately $2 billion in false billings. Of those charged, over 162 defendants, including 76 doctors, were charged for their roles in prescribing and distributing opioids and other dangerous narcotics. Thirty state Medicaid Fraud Control Units also participated in today’s arrests. In addition, HHS has initiated suspension actions against 587 providers, including doctors, nurses and pharmacists.
As part of today’s enforcement actions, U.S. Attorney for the Eastern District of California, McGregor W. Scott, announced four individuals facing health care fraud charges in Fresno.
Today’s enforcement actions were led and coordinated by the Criminal Division, Fraud Section’s Health Care Fraud Unit in conjunction with its Medicare Fraud Strike Force (MFSF) partners, a partnership between the Criminal Division, U.S. Attorney’s Offices, the FBI and HHS-OIG. In addition, the operation includes the participation of the DEA, DCIS, and State Medicaid Fraud Control Units.
The charges announced today aggressively target schemes billing Medicare, Medicaid, and TRICARE (a health insurance program for members and veterans of the armed forces and their families) for medically unnecessary prescription drugs and compounded medications that often were never even purchased or distributed to beneficiaries. The charges also involve individuals contributing to the opioid epidemic, with a particular focus on medical professionals involved in the unlawful distribution of opioids and other prescription narcotics, a particular focus for the Department. According to the CDC, approximately 115 Americans die every day of an opioid-related overdose.
“Health care fraud is a betrayal of vulnerable patients, and often it is theft from the taxpayer,” said Attorney General Sessions. “In many cases, doctors, nurses, and pharmacists take advantage of people suffering from drug addiction in order to line their pockets. These are despicable crimes. That’s why this Department of Justice has taken historic new steps to go after fraudsters, including hiring more prosecutors and leveraging the power of data analytics. Today the Department of Justice is announcing the largest health care fraud enforcement action in American history. This is the most fraud, the most defendants, and the most doctors ever charged in a single operation—and we have evidence that our ongoing work has stopped or prevented billions of dollars’ worth of fraud. I want to thank our fabulous partners with the FBI, DEA, our Health Care Fraud task forces, HHS, the Defense Criminal Investigative Service, IRS Criminal Investigation, Medicare, and especially the more than 1,000 federal, state, local, and tribal law enforcement officers from across America who made this possible. By every measure we are more effective at finding and prosecuting medical fraud than ever.”
“Every dollar recovered in this year’s operation represents not just a taxpayer’s hard-earned money—it’s a dollar that can go toward providing healthcare for Americans in need,” said HHS Secretary Azar. “This year’s Takedown Day is a significant accomplishment for the American people, and every public servant involved should be proud of their work.”
U.S. Attorney McGregor W. Scott said, “As today’s announcement highlights, we are working diligently with our law enforcement partners to hold accountable those who lie and cheat in an attempt to enrich themselves off of taxpayer dollars that are meant to help those in need. The U.S. Attorney’s Office for the Eastern District of California is committed to continuing these cooperative efforts and prosecuting health care fraud cases.”
According to court documents, the many defendants charged today allegedly participated in schemes to submit claims to Medicare, Medicaid and TRICARE for treatments that were medically unnecessary and often never provided. In many cases, patient recruiters, beneficiaries and other co-conspirators were allegedly paid cash kickbacks in return for supplying beneficiary information to providers, so that the providers could then submit fraudulent bills to Medicare for services that were medically unnecessary or never performed. Collectively, the doctors, nurses, licensed medical professionals, health care company owners and others charged are accused of submitting a total of over 2 billion in fraudulent billings. Because virtually every health care fraud scheme requires a corrupt medical professional to be involved in order for Medicare or Medicaid to pay the fraudulent claims, aggressively pursuing corrupt medical professionals not only has a deterrent effect on other medical professionals, but also ensures that their licenses can no longer be used to bilk the system.
The following cases in the Eastern District of California are part of today’s announcement:
Case no. 1:18-mj-100-sko
A criminal complaint filed in Fresno alleges that Hermine Hambartsumyan, 36, of Fresno, and Tem Phaphonh, 65, of Fresno, used the information of elderly Lao Medicare beneficiaries to submit false claims for durable medical equipment (DME) and physical therapy services. Phaphonh recruited the patients and gained their identification and insurance information. She then passed it to Hambartsumyan, who ran a series of DME businesses. The DME companies submitted claims to Medicare indicating that they had provided expensive orthotic braces to the beneficiaries. These claims were false because either the beneficiaries had received nothing or they had received inexpensive items for which Medicare does not reimburse. For example, one of the DME companies billed Medicare approximately $1,936 for orthotic braces including two knee braces and two ankle-foot braces for a Medicare beneficiary who had had his left leg amputated from the knee down and wore a prosthesis. The beneficiary had no knowledge of the DME company, never received the braces, and did not have a left foot or ankle on which to place an orthotic brace.
Hambartsumyan and Phaphonh also set up a health clinic in Porterville, California known as Villa Health Center LLC (VHC). Phaphonh recruited patients for this clinic for the purpose of submitting false claims, including false claims for physical therapy services. Beneficiaries received massages during their visits to VHC, and VHC billed Medicare for physical therapy services. The claims were false because Medicare requires such services be provided by trained physical or occupational therapists.
Case no. 1:18-mj-101-sko
A separate criminal complaint alleges that Gabriel Huerta, 38, of Fresno, and Natalie Corral, 38, of Fresno, were co-owners of a durable medical equipment business known as Central Valley Medical Supplies (CVMS) that falsely billed government health insurance programs for power wheelchair repairs. In many cases, CVMS did not perform the repairs, but even in the small amount of cases in which they were performed, the claims were false because the repairs were unnecessary and were not authorized by a physician, both of which are required by the programs. CVMS also billed for providing loaner wheelchairs to beneficiaries during the “repairs,” but no loaners were provided. From approximately January 2013 to June 2016, Medicare paid over $916,000 for false claims submitted under the direction of Huerta and Corral.
The Eastern District of California cases are the product of investigations by the Federal Bureau of Investigation, HHS OIG, and California Department of Health Care Services Investigation Branch. Assistant U.S. Attorney Michael G. Tierney is prosecuting the cases. A complaint, information, or indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Mexican National Indicted for Illegal Firearm Possession and Growing Marijuana on Public Forest LandRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Enrique Gomez-Perez, 30, of Mexico, charging him with manufacturing at least 100 marijuana plants, being an illegal alien in possession of a firearm, and depredation of public lands and resources, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement officers who were conducting aerial surveillance spotted an illegal marijuana grow in the area of Upper Backbone Creek in Shasta County, on land owned by the Bureau of Land Management. Law enforcement hiked into the area where they observed Gomez-Perez watering marijuana plants. They recovered a handgun, whose serial number was filed off and unidentifiable, from Gomez-Perez, and eradicated more than 800 plants from the area. At the site, water from a nearby stream had been diverted, many trees and other vegetation were cut to make room for the marijuana plants, and large piles of trash were stuffed under boulders and buried along the stream.
This case is the product of an investigation by the Bureau of Land Management, California Department of Fish and Wildlife, and California Department of Justice North State Marijuana Investigation Team. Assistant U.S. Attorneys David Spencer and Cameron Desmond are prosecuting the case.
If convicted, Gomez-Perez faces a mandatory minimum of five years in prison and a maximum statutory penalty of 40 years in prison and a $10 million fine for marijuana cultivation. He faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for each of the other two 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.
Former DMV Employee Found Guilty of Conspiring to Issue Fraudulent California Driver’s LicensesRead the Press Release
SACRAMENTO, Calif. — On Tuesday, after a four-day trial, a federal jury found Robert S. Turchin, 68, of Salinas, guilty of one count of conspiracy to commit bribery and identity fraud and three counts of identity fraud, U.S. Attorney McGregor W. Scott announced.
“This prosecution of a California state employee for bribery resulting in grave danger to public safety is very troubling,” U.S. Attorney Scott stated. ”It is alarming to think that unqualified persons were licensed to operate big rigs and buses on our public roadways. We will continue to do everything we can to root out public corruption at any level, and hold those in positions of trust accountable for their greed.”
According to evidence presented at trial, Turchin was an employee at the Salinas field office for the Department of Motor Vehicles, including between 2012 and 2015. Turchin was responsible for conducting tests for applicants for commercial licenses to operate 18-wheel tractor-trailers and commercial buses.
The trial evidence demonstrated that truck school owner Mangal Gill offered to get people commercial licenses without having to pass the written tests or even take the required behind-the-wheel tests. Gill worked with Turchin and another DMV employee, Emma Klem, to have them access the DMV database to fraudulently update the tests at Gill’s request.
During the investigation, confidential operatives were able to obtain three official commercial licenses in 2013 and 2014. Collectively, they paid Gill over $12,000 after Turchin and Klem accessed the DMV database to fraudulently enter passing scores for the operatives despite the fact that the operatives did not pass or otherwise take the required tests. The trial evidence also demonstrated that Gill and Turchin continued to be involved in this fraudulent conduct until March 28, 2015, days before agents executed search warrants and found in Turchin’s vehicle slips of paper containing the numbers of fraudulently updated driver license records as well as several envelopes full of cash totaling over $10,000. The trial evidence showed that Turchin and his co-conspirators falsified DMV database records for at least 40 individuals for the purpose of obtaining commercial licenses.
This case is the product of a series of ongoing investigations by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Federal Bureau of Investigation, and the California DMV Office of Internal Affairs. Assistant U.S. Attorneys Todd A. Pickles and Rosanne Rust are prosecuting the case.
Co-defendants Gill and Klem previously pleaded guilty to counts of conspiracy to commit bribery and identity fraud and are awaiting sentencing.
Turchin is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on September 21, 2018. Turchin faces a maximum statutory penalty of five years in prison for the conspiracy count and a maximum of 15 years in prison for the fraud involving identification documents counts, and up to a $250,000 fine per 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.
Fresno Woman Sentenced to over 3 Years in Prison for Stealing More than $1.5 M from International Food Distribution CompanyRead the Press Release
FRESNO, Calif. — Leslie Michelle Hays, 50, of Fresno, was sentenced today to three years and five months in prison for embezzling funds from her employer, U.S. Attorney McGregor W. Scott announced.
U.S. District Judge Dale A. Drozd ordered Hays to self-surrender on September 26, 2018, and to pay $1,632,093 in restitution.
According to court documents, Hays was the director of human resources from 2005 through 2014 at Borges USA, a food distribution company based in Spain with regional headquarters in Fresno. To embezzle funds from Borges USA, Hays misreported her salary, expenses, and vacation time to the company’s payroll processor, which then remitted the stolen funds to Hays’s bank account. In total, Hays stole more than $1.5 million in inflated salary payments and false expenses reimbursements from Borges USA.
This case was the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant U.S. Attorney Grant B. Rabenn prosecuted the case.
Former Lincoln Resident Sentenced to over 4 Years in Prison for Her Participation in a $22 Million Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Today, U.S. District Judge Garland E. Burrell Jr. sentenced Mary Sue Weaver, 65, currently of Scottsdale, Arizona and formerly of Lincoln, California, to four years and two months in prison and ordered to pay $15,387,945 in restitution for her participation in a $22 million fraud scheme, U.S. Attorney McGregor W. Scott announced.
On December 15, 2017, Weaver pleaded guilty to one count of wire fraud and one count of bank fraud. On June 1, 2018, co-defendant Abolghasseni “Abe” Alizadeh, 59, of Granite Bay, was sentenced to four years and eight months in prison and ordered to pay $15,879,945 in restitution to the victims of his crimes.
According to court documents, Weaver was employed at a local title company and assisted Alizadeh, a Sacramento-area commercial real estate developer, restauranteur and owner of Kobra Properties, in a scheme to fraudulently purchase land that he planned to develop.
According to court documents, Alizadeh would write checks for the down payment on a commercial property, but because he lacked funds to cover the checks, he would call Weaver and ask her to delay depositing the checks until after escrow closed. Once escrow closed, Weaver disbursed funds from the title company’s escrow trust account to Kobra Properties. Kobra Properties then used those funds to cover its down payment and other costs. In this way, it appeared as though Alizadeh was making a substantial down payment when in fact he was not. Alizadeh’s entire scheme, involving no fewer than six properties in the Sacramento area, resulted in a loss to various financial institutions of over $22 million.
This case was the product of an investigation by the Federal Bureau of Investigation, the IRS Criminal Investigation, and the Federal Deposit Insurance Corporation, Office of Inspector General. Assistant U.S. Attorneys Michael D. Anderson and Heiko P. Coppola are prosecuting the case.
Dark Web Gun Trafficker from Nevada County Pleads Guilty to Unlawful Dealing in FirearmsRead the Press Release
SACRAMENTO, Calif. —Michael Paul Grisham Smith, 44, of Grass Valley, pleaded guilty today to unlawful dealing and manufacturing in firearms, U.S. Attorney McGregor W. Scott announced.
According to court documents, Smith contacted a firearms vendor on the dark web seeking to sell AR-15-style “ghost” guns that have no serial number. The firearms vendor was in fact an undercover law enforcement agent working for the Homeland Security Investigations. Between October 5, 2017, and February 15, 2018, Smith manufactured and sold eight AR‑15‑style firearms without serial numbers to the undercover agent in exchange for payment in bitcoin.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
Smith is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on September 7, 2018. Smith faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Vacaville Man Sentenced to Four Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — Maurice Darnell Jones, Jr., 22, of Vacaville, was sentenced today by U.S. District Judge John A. Mendez to four years in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on August 27, 2017, the Vacaville Police Department received a call about an auto burglary in progress. The caller described a male suspect fleeing in a silver sedan. Moments later, police identified a car matching the description. When an officer tried to stop the car, the driver fled for several blocks, and then parked his car and began running from police. Police recovered various items in and around the car that showed ties to Jones, including paperwork in the trunk with Jones’s name on it, and a cellphone next to the car that was determined to be Jones’s phone. In addition, police located a .40-caliber handgun in the area where Jones had fled. Ammunition from the gun matched ammunition found with Jones’s belongings in an apartment unit nearby. Jones cannot lawfully possess firearms because he previously has been convicted of two felony offenses.
This case was the product of an investigation by the Vacaville Police Department and the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force, with assistance from the Solano County District Attorney’s Office.
This case was brought as a part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department of Justice’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Two Indictments Brought Against Bakersfield Women for Possession of Stolen Mail and Identity TheftRead the Press Release
FRESNO, Calif. — Two Bakersfield women were arrested today for federal offenses related to possession of stolen U.S. mail and aggravated identity theft, U.S. Attorney McGregor W. Scott announced. A federal grand jury in Fresno returned the indictments on June 7, 2018.
According to the first indictment, Kammi Sargent, 48, was charged with bank fraud, possession of stolen U.S. mail and aggravated identity theft. Court documents indicate that Sargent obtained stolen identity documents, including driver’s licenses of women who had similar appearances to her. With the stolen identification documents, Sargent opened bank accounts under the victims’ names. She obtained checks stolen from the mail and washed off the name of the payee, substituting the name of the stolen identity onto the check. Sargent then deposited the stolen and altered checks into the fraudulently obtained bank accounts, and used a credit or debit card tied to the accounts to withdraw funds.
According to the second indictment, Erin Peterson, 40, is charged with possession of stolen U.S. mail, unlawfully possessing 15 or more unauthorized access devices (credit or debit cards), possession with intent to distribute 50 grams and more of methamphetamine, and aggravated identity theft.
According to court documents, from July to December 2017, Peterson was using credit and debit cards stolen from the mail to make purchases at various retail establishments in Bakersfield. Purchase records, including photographic captures of Peterson conducting fraudulent purchases, were obtained from the retail stores.
On December 28, 2017, a federal search warrant at Peterson’s residence found 428 pieces of stolen mail, 31 stolen credit and debit cards, over a hundred personal and business checks, and a counterfeit arrow key used to access community mailboxes. Also located in the residence was approximately 149 grams of crystal methamphetamine, $1,400 in cash, narcotics packaging material, and a digital scale.
These cases are the product of investigations by the U.S. Postal Inspection Service and the Bakersfield Police Department with assistance from the Kern County Sheriff’s Office. Assistant US. Attorney Brian R. Delaney is prosecuting both cases.
If convicted, Sargent faces a maximum statutory penalty of 30 years in prison and a $1 million fine. If convicted, Peterson faces a maximum statutory penalty of life in prison and a $5 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.
North Hollywood Man Pleads Guilty to Conspiracy to Sell Stolen Credit Card InformationRead the Press Release
SACRAMENTO, Calif. — Oganes Emirzyan, 54, of North Hollywood, pleaded guilty today to a scheme to traffic in and possess stolen credit card numbers and the account holders’ information, U.S. Attorney McGregor W. Scott announced.
According to the plea agreement, Emirzyan pleaded guilty to conspiring to traffic in at least one unauthorized access device and to possess at least 15 access devices.
According to court documents, on April 28, 2016, Emirzyan conspired with co-defendant Mkrtych “Mike” Robertovic Sargsyan to obtain and sell stolen credit card information. Emirzyan obtained an electronic storage device containing 199 stolen credit card numbers and corresponding account holder information. He then met with a buyer at his home in North Hollywood. During that meeting, Emirzyan sold the stolen credit card information to the buyer for $8,700.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Brian A. Fogerty is prosecuting the case.
Charges are pending against Sargsyan. The charges against him are allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Emirzyan is scheduled to be sentenced by U.S. District Judg William B. Shubb on November 5, 2018. Emirzyan faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Modesto Real Estate Attorney Sentenced to Two Years in Prison for Fraudulent Short-Sale SchemeRead the Press Release
FRESNO, Calif. — Robert Farrace, 54, of Modesto, was sentenced today to two years in prison for a fraudulent short-sale scheme, U.S. Attorney McGregor W. Scott announced.
On November 14, 2017, a jury found Farrace guilty of three counts of wire fraud in connection with the scheme. According to court documents, Farrace, an attorney specializing in real estate law and the former president of the Stanislaus County Bar Association, owned two properties in Modesto with substantial mortgage loans. By early 2010, Farrace was in default and received foreclosure notices for the two properties. In order to keep the properties and avoid foreclosure, Farrace formed an entity called “Dignitas LLC” to purchase the properties.
According to evidence presented at trial, Farrace controlled Dignitas, but listed a friend’s name on the paperwork as a nominal manager because he knew the bank would not sell the property to a related party. Farrace then submitted short sale offers to the bank that serviced the loans on both properties, listing Dignitas and the nominee manager as the purchaser. Farrace misrepresented his relationship to Dignitas to induce the bank to approve the short sale. Because the servicing bank did not know of the true relationship, it went forward and completed one of the short sales. The short sale on the second property was stopped after law enforcement informed the bank of Farrace’s scheme.
This case was the product of an investigation by the Federal Housing Finance Agency–Office of Inspector General, the Federal Bureau of Investigation, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorneys Michael G. Tierney and Shelley D. Weger prosecuted the case.
Superseding Indictment Brought Against Bakersfield Man Who Allegedly Conspired with Police Officers to Sell Methamphetamine and MarijuanaRead the Press Release
BAKERSFIELD, Calif. — On Thursday, a superseding indictment was brought against Noel Carter, 45, of Bakersfield, adding charges of bank fraud and making a false statement on a loan application, U.S. Attorney McGregor W. Scott announced.
On September 14, 2017, Carter was charged in an indictment for conspiring with Bakersfield Police Department 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.
The superseding indictment re-alleges that from April 2012 to August 2015, Carter conspired with Diaz and Mara who deliberately failed to submit the seized drugs into the BPD evidence room, and instead provided the stolen narcotics to Carter so Carter could sell those narcotics for profit. The indictment also alleges that Mara took marijuana and provided it to Carter to process so it was suitable for sale. Finally, the indictment alleges that Carter conspired with Mara to unlawfully manufacture, process, and sell marijuana for profit.
Earlier court records indicate that 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.
The superseding indictment adds five additional charges of bank fraud against Carter, alleging that in 2016 and 2017 Carter was a manager of a virtual office and short-term office rental business known as Pacific Workplaces located in the Bank of America Building, 5th Floor, 1430 Truxtun Avenue in Bakersfield. As a contract manager for the Pacific Workplaces office, Carter was responsible for the overall operation of the office, which included the rental of space, sale of services, and the invoicing and collection of payments from clients who used the services and facilities of Pacific Workplaces. Carter was required to deposit payments of Pacific Workplaces’ customers into company checking accounts. Carter is charged with knowingly and fraudulently negotiating Pacific Workplaces customers’ checks and depositing those checks into his personal bank account at Chase Bank, for his own personal gain.
The superseding indictment also adds one additional count of making false statement on a loan application with a federally insured financial institution. The count alleges that on November 3, 2017, Carter knowingly made false statements in a loan application for the purchase of a new Mercedes-Benz automobile. Carter claimed that he earned a gross monthly income of $20,000 from Pacific Workplaces, and provided false pay stubs in support of this statement, when in fact, his actual monthly income from Pacific Workplaces was approximately $4,000.
This case is 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 are prosecuting the case.
If convicted, Carter 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.
Sacramento Man Sentenced to 2.5 Years in Prison for Possessing Cocaine with Intent to DistributeRead the Press Release
SACRAMENTO, Calif. — Robert Thomas Honeycutt, 30, of Sacramento, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to two years and six months in prison for possessing cocaine with intent to distribute, U.S. Attorney McGregor W. Scott announced. Honeycutt was ordered to surrender to federal custody on August 3, 2018.
According to court documents, on May 2, 2017, officers in Nevada County pulled over a suspicious vehicle driving with expired registration tags. Officers determined that the vehicle was registered to Honeycutt and identified him as the passenger. They also determined that Honeycutt was on searchable probation.
During a search of Honeycutt’s vehicle, officers found approximately 28 grams of cocaine under the driver’s seat and items consistent with narcotics distribution including a digital scale and 300 small baggies. During a search of Honeycutt’s person, officers found approximately 245 grams of cocaine concealed in his pants. During a later search of Honeycutt’s residence, officers found additional cocaine, digital scales, and small baggies.
On March 16, 2018, Honeycutt pleaded guilty to one count of possession with intent to distribute cocaine.
This case was the product of an investigation by the Drug Enforcement Administration, the Nevada County Sheriff’s Office, the Nevada City Police Department, and the Grass Valley Police Department. Special Assistant U.S. Attorney Robert J. Artuz and Assistant U.S. Attorney Justin Lee prosecuted the case.
Sacramento Man Pleads Guilty to Attempted Child EnticementRead the Press Release
SACRAMENTO, Calif. — Kevin Joseph Martin, 43, of Sacramento, pleaded guilty today to one count of attempting to entice a child to engage in illegal sexual activity, U.S. Attorney McGregor W. Scott announced.
According to court documents, between March 9, 2017, and April 22, 2017, Martin communicated with an undercover agent who was posing as person with a sexual interest in children. During the chats using a messaging application and text messages, Martin discussed with the undercover agent various ways to sexually assault the 11-year-old daughter that the undercover agent claimed to have. Eventually, the undercover agent agreed to meet Martin in a parking lot where Martin believed he would have the opportunity to perform sex acts on the girl. Martin was arrested by law enforcement when he arrived at the agreed upon location.
This case is the product of an investigation by the Federal Bureau of Investigation, the FBI Child Exploitation Task Force, and the Sacramento Valley Hi-Tech Crimes Task Force. Assistant U.S. Attorney Shelley D. Weger is prosecuting the case.
Martin is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on August 30, 2018. Martin faces a mandatory minimum of 10 years in prison and a maximum statutory penalty of life in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Fairfield Man Sentenced to Prison for Tax Refund Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Brandon Anderson-Lacy, 30, of Fairfield, was sentenced today by U.S. District Judge John A. Mendez to three years and five months in prison for a tax refund fraud conspiracy, U.S. Attorney McGregor W. Scott announced.
“Today’s sentencing shows the seriousness of identity theft with the filing of false tax returns to the IRS,” said Cindy S. Chen, Acting Special Agent in Charge, IRS Criminal Investigation. “IRS-CI continues to investigate these types of tax crimes and purse the criminals who steal other people’s identity and file false tax returns to enrich themselves and undermine the U.S. tax system. We will continue to work with our law enforcement partners in combating these tax crimes.”
According to court documents, from February 2011 through March 2012, Anderson-Lacy and others participated in a conspiracy to submit false tax returns to the IRS by obtaining personal identifying information of others, and then submitting returns seeking refunds to which the people listed on the returns were not entitled. The false tax returns included fake Forms W-2 listing false employers, false income amounts, and false federal income tax withholdings, all of which was used to help generate a claimed refund. Many of the tax returns also included false information related to dependents and education expenses that were used to further increase the refunds requested. Anderson-Lacy and his co-conspirators requested that the refunds issue in a variety of ways, including by prepaid debit cards, direct deposit into bank accounts, and by treasury check. More than $319,000 in refunds were claimed in connection with the conspiracy.
This case was the product of an investigation by IRS Criminal Investigation with assistance from the Vacaville Police Department. Assistant U.S. Attorneys Christopher S. Hales and Miriam R. Hinman are prosecuting the case.
Sacramento Man Pleads Guilty to Producing and Distributing Child PornographyRead the Press Release
SACRAMENTO, Calif. — Mark Corum, 62, of Sacramento, pleaded guilty today to four counts of production of child pornography and one count of distribution of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, Corum engaged in Skype conversations with various Skype users in the Philippines in which he instructed the other parties to perform sexual acts on children while he watched on live webcam. Corum sent the persons in the Philippines payments of between $25 and $35 via money transmittal services in exchange for them performing the sexual acts he requested on children and transmitting the images to him via webcam. Transcripts of the Skype chats filed with the court reflect that, at Corum’s direction, children between the ages of infancy and 10 years old were sexually abused. The Skype chats also contain statements by Corum alluding to prior trips to the Philippines and sex acts with children there. He stated that he had visited the Philippines “many times” and had “many good memories.” He also indicated that if he visited the Philippines again, he wanted to have sex with one of the children he had directed to be abused, a six-year-old girl. In addition, on June 23, 2016, Corum used the internet to transmit images of prepubescent children engaged in sexually explicit conduct to another person.
This case was investigated by the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant U.S. Attorneys Katherine T. Lydon and Jill Thomas are prosecuting the case.
Corum is scheduled to be sentenced by U.S. District Judge Kimberly J. Mueller on October 29, 2018. Corum faces a maximum statutory penalty of 20 years in prison on the distribution of child pornography count and a maximum statutory penalty of 30 years in prison on each of the four production of child pornography counts, as well as a maximum statutory fine of $250,000 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.
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 Merced County Store Manager Sentenced for Conspiracy to Defraud Government Benefits ProgramRead the Press Release
FRESNO, Calif. — Suzy Vang Lo, 41, formerly of Merced, was sentenced today by U.S. District Judge Lawrence J. O’Neill to 21 months in prison for conspiring to defraud the United States by unlawfully purchasing Supplemental Nutrition Assistance Program (SNAP) benefits from recipients in exchange for cash, U.S. Attorney McGregor W. Scott announced.
Suzy Vang Lo and her husband, Michael Chu Lo, pleaded guilty to the scheme in March 2018. According to court documents, Suzy Vang Lo was the manager of LV Market in Winton. Her husband performed many employee functions at the store even though he was not officially employed at the store. Suzy Vang Lo conspired with her husband to give SNAP recipients cash in exchange for swiping their benefit cards. When the defendants exchanged SNAP benefits for cash, it caused the U.S. Department of Agriculture (USDA) to wire sums of money into an account that Suzy Vang Lo controlled.
Special Agent-in-Charge Lori Chan, United States Department of Agriculture (USDA), Office of Inspector General (OIG), Western Region, stated: “The USDA OIG has the responsibility for protecting the integrity of the Supplemental Nutrition Assistance Program. Protecting the integrity of SNAP is a major investigative priority for OIG. OIG conducts investigations in each region of the United States to deter and uncover criminal activity that undermines important USDA nutrition programs. Vendors who engage in SNAP fraud exploit the program’s needy beneficiaries and misuse the substantial funding that taxpayers provide. The OIG at USDA works to ensure SNAP funds are used for their intended purpose, feeding families, not for the enrichment of criminal enterprises.”
The USDA, through its Food and Nutrition Service, administers SNAP, a food assistance program designed to help low-income individuals and families purchase food. In California, the Food and Nutrition Service authorizes retail food stores to accept SNAP benefits for eligible food items from authorized recipients via the Electronic Benefit Transfer (EBT) system. Through EBT, the funds provided by SNAP and other state benefits programs are loaded onto the benefit recipients’ EBT debit cards. When a recipient wishes to use SNAP benefits to purchase eligible food items at a participating store, the store or customer swipes the recipient’s EBT card, and the recipient enters a Personal Identification Number (PIN). The SNAP dollar amount is immediately deducted from the customer’s SNAP account and is credited dollar-for-dollar to the retailer’s bank account.
When a retailer is authorized to participate in SNAP, it is informed that it may accept SNAP benefits only in exchange for eligible food items, and it must acknowledge in writing that trading cash for SNAP benefits is illegal.
In this case, for approximately three and a half years, the defendants swiped SNAP beneficiaries’ EBT cards and give them cash in the approximate amount of 69 cents per dollar of SNAP benefits. Michael Chu Lo kept notes at the cash registers to warn customers to remain silent during the transactions to avoid detection, and he attempted to hide large transactions by swiping EBT cards multiple times.
This case is the product of an investigation by the U.S. Department of Agriculture Office of Inspector General. Assistant U.S. Attorneys Megan A. S. Richards and Jeffrey A. Spivak are prosecuting the case.
Co-defendant Michael Lo is scheduled to be sentenced on July 25, 2018.