Eastern District of California
Press releases recorded for this federal judicial district.
Three Bakersfield Brothers Plead Guilty to Operating a Warehouse to Manufacture and Distribute Synthetic CannabinoidsRead the Press Release
FRESNO, Calif. — Brothers Yousef Aezah, 28; Adhim Aezah, 23; and Dirar Aezah, 19, all of Bakersfield, pleaded guilty today to maintaining a drug-involved premise for the purpose of manufacturing and distributing synthetic cannabinoids or “spice,” U.S. Attorney McGregor W. Scott announced. As part of the guilty pleas, the defendants agreed to forfeit more than $1 million in U.S. currency that was seized from them during their arrests.
According to the plea agreements, the defendants maintained a warehouse in Bakersfield that they used to manufacture and distribute synthetic cannabinoids, including AB-CHMINACA, a Schedule I controlled substance.
This case is the product of an investigation by the Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the California Highway Patrol, the Bakersfield Police Department, and the Fresno Police Department. Assistant United States Attorneys Grant B. Rabenn and Jeffrey A. Spivak are prosecuting the case.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
The defendants remain out of custody and are scheduled to be sentenced by U.S. District Judge Dale A. Drozd on July 16, 2018. The defendants face a maximum statutory penalty of 20 years in prison and a $500,000 criminal 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.
San Joaquin County Biodiesel Firm and Employees Charged with Clean Water Act ViolationsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 17-count indictment on Thursday against American Biodiesel Inc. and two employees at its biodiesel fuel manufacturing plant in Stockton for Clean Water Act violations, U.S. Attorney McGregor W. Scott announced.
American Biodiesel Inc., registered in San Joaquin County as Community Fuels, manufactured biodiesel fuel at 809-C Snedeker Avenue, Stockton, on property leased from the Port of Stockton. The company is charged with conspiracy, 12 counts of tampering with monitoring equipment, two counts of unlawful discharge of industrial wastewater, and one count of false statements.
According to the indictment, Christopher Young, 41, of El Dorado Hills, is charged with conspiracy, 12 counts of tampering with monitoring equipment, two counts of unlawful discharge of industrial wastewater, one count of false statements, and one count of witness tampering. The same indictment charges his brother Jeremiah Young, 38, of El Dorado, with conspiracy, eight counts of tampering with monitoring equipment, and two counts of unlawful discharge of industrial wastewater.
The indictment alleges that, from March 2009 through December 2016, Christopher Young was Director of Operations, which is the highest-ranking position at Community Fuels’ manufacturing plant. In this capacity, he directed employees to tamper with pH, and flow and volume monitoring devices to allow Community Fuels to discharge hundreds of thousands of gallons of polluted industrial wastewater into the City of Stockton Municipal Utility District sewer in violation of the company’s wastewater discharge permit and in violation of the Clean Water Act. Jeremiah Young, while working as an Assistant Operator for Community Fuels from 2014 to 2016, allegedly participated in the conspiracy and in certain Clean Water Act violations.
Community Fuels’ unpermitted wastewater discharges into the Stockton sewer were allegedly polluted with methanol, glycerin, oils and fats, and acids. Instead of discharging the unpermitted wastewater into the sewer, Community Fuels had represented to the City of Stockton water regulators that it would employ tanker trucks to haul the wastewater to the East Bay Municipal Utility District wastewater treatment plant in Oakland.
The indictment alleges that Christopher Young and Community Fuels made false statements to the U.S. Environmental Protection Agency (EPA) in an attempt to cover up the long‑term and recurring unlawful wastewater discharges.
The indictment further alleges that Christopher Young attempted to prevent a witness from communicating information relating to the commission of a federal offense to a law enforcement officer.
This case is the product of an investigation by the EPA, San Joaquin County District Attorney’s Office, City of Stockton Municipal Utilities Department, San Joaquin County Environmental Health Department, Port of Stockton, and California Department of Toxic Substances Control.
If convicted, Christopher Young faces a maximum statutory penalty of 20 years in prison on the witness tampering count, five years in prison on the conspiracy and false statement counts, three years in prison on the unlawful discharge counts, two years in prison on the counts charging tampering with monitoring equipment, and a maximum total fine of $4,250,000. If convicted, Jeremiah Young faces a maximum statutory penalty of five years in prison on the conspiracy count, three years in prison on the unlawful discharge counts, two years in prison on the counts charging tampering with monitoring equipment, and a maximum total fine of $2,500,000. If convicted, Community Fuels faces a maximum $4 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; each defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former U.S. Bureau of Prisons Employee Sentenced to over 11 Years in Prison for Sex TraffickingRead the Press Release
SACRAMENTO, Calif. — Charles Carstersen, 55, of Manteca, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 11 years and three months in prison to be followed by 10 years of supervised release, for sex trafficking a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, beginning in April 2014, while employed as an information technology technician at the Bureau of Prisons, Carstersen met the 16-year-old victim and engaged in sex acts with her for money. Between February and March 2015, knowing the victim was underage, he pursued a romantic relationship with her and encouraged her to participate in prostitution, renting hotel rooms for her in the Sacramento area and helping her to post online prostitution advertisements. He also encouraged her to engage in prostitution with two other females that he knew.
“Charles Carstersen’s illegal activities were in direct opposition to the core values of the Federal Bureau of Prisons, a system that holds its employees to a high standard of character and conduct,” said Special Agent in Charge Sean Ragan. “Commercial sexual exploitation of a minor is a serious crime that preys upon vulnerable young men and women in our community. As Carstersen’s victim discovered, there is hope. We encourage anyone who may be a victim to reach out to the National Human Trafficking Resource Center by calling 888-373-7888 or their local FBI office to obtain help and ensure the exploiter faces justice.”
This case was the product of an investigation by the Federal Bureau of Investigation’s Sacramento Child Exploitation Task Force, with assistance from the Sacramento Police Department, the U.S. Department of Justice, Office of the Inspector General, and the Roseville Police 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.
Chico Man Sentenced to 15 Years in Prison for Filming his Sexual Abuse of a ChildRead the Press Release
SACRAMENTO, Calif. — Nathan Alexander Drury, 39, of Chico, was sentenced today by Senior U.S. District Judge Garland E. Burrell Jr. to 15 years in prison for production of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between January 1, 2012, and December 1, 2014, Drury filmed images of a child engaged in sexually explicit conduct, including a 47-second video of a nude child who was under the age of 12. That video that Drury produced shows Drury sexually abusing the child.
“Homeland Security Investigations will do whatever it takes to investigate these people who are a scourge to society and prey on innocent children,” said Ryan L. Spradlin, Special Agent in Charge for HSI in Northern California and Northern Nevada. “This type of crime is way too prevalent; but let this serve as a warning for any of those engaged in this illicit and egregious activity – the investigators of the federal government will hold you responsible for your actions.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Federal Bureau of Investigation, and the Chico Police Department. 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.
Two Indicted in Seizure of More Than $300,000 Worth of FentanylRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Ramon DeJesus Magana, 40, of Paramont, and Maurilio Serrano-Cardenas, 27, of Fontana, charging them with conspiring and possessing fentanyl with intent to distribute, U.S. Attorney McGregor W. Scott announced.
According to court documents, Magana and Serrano-Cardenas were arrested on February 21, 2018 after delivering five kilograms of fentanyl and one kilogram of a chemical that is an immediate precursor to fentanyl (4-ANPP) to an undercover officer in Turlock, California. The undercover officer had negotiated to pay $30,000 for each kilogram of the controlled substances.
This case is the product of an investigation by the Drug Enforcement Administration and TRIDENT, a federally supported task force that is composed of agents from the El Dorado County Sheriff’s Department, Auburn Police Department, Rocklin Police Department, Placer County Sheriff’s Department, Placer County District Attorney’s Office, California Highway Patrol, California Department of Corrections and Rehabilitation, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Bureau of Land Management, and California National Guard. Assistant U.S. Attorney Kathleen A. Servatius is prosecuting the case.
Magana is scheduled to be arraigned on the indictment on April 6, 2018. Serrano-Cardenas will make his initial appearance on April 19, 2018. Both men have been released on bond.
If convicted, the defendants face a maximum statutory penalty of life in prison and a $10 million dollar 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.
Seven Kings County and Tennessee Residents Indicted for Firearms Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today charging seven Tennessee and California residents with various firearms offenses, including conspiracy to traffic in firearms by an unlicensed person, illegal transportation of firearms, and being a felon in possession of firearms, U.S. Attorney McGregor W. Scott announced. None of the defendants is licensed to deal or import firearms.
Rafael Sanchez Jr., 38, of Kettleman City, Califorinia, is charged with one count of conspiracy to traffic in firearms by an unlicensed person, three counts of illegal transportation of firearms and three counts of being a felon in possession of a firearm.
Alexis Sanchez, 19, of Kettleman City; and Tennessee residents Juan Daniel Gonzalez-Vazquez, 24; Victor Luna, 23; Ashley Sanchez, 22; and Elvia Sanchez, 40, are all charged with one count of conspiracy to traffic in firearms by an unlicensed person and three counts of illegal transportation of firearms
Veronica Ramirez, 38, of Lemoore, California, was charged with one count of conspiracy to traffic in firearms by an unlicensed person.
According to court documents, between April 2016 and March 2018, Rafael Sanchez conspired to have firearms purchased in Tennessee and shipped to him in California. Rafael Sanchez and Alexis Sanchez then transferred money to the Tennessee co-conspirators. With the assistance of Ramirez, Rafael Sanchez identified California-based purchasers and offered to sell them the firearms he received from Tennessee.
According to the indictment, the Tennessee co-conspirators shipped numerous firearms to California, including .45, .40 and 9 mm caliber handguns, as well as ammunition and firearms accessories, including extended magazines. In November 2017, Rafael Sanchez offered to sell to an associate in California an AR-15-style rifle with two 30-round magazines for $1,000.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Federal Bureau of Investigation. The U.S. Postal Inspection Service, Lenoir City Police Department in Tennessee, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the U.S. Attorney’s Office for the Eastern District of Tennessee assisted in the investigation. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case in the Eastern District of California.
If convicted, the defendants face a maximum statutory penalty of five years in prison and $250,000 fine for each of the conspiracy and firearms offenses. Rafael Sanchez faces an a maximum statutory penalty of 10 years in prison and $250,000 fine if convicted of the separate felon in possession of firearms counts. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fresno Escapee Charged Again with Being a Felon in Possession of a FirearmRead the Press Release
FRESNO, Calif. — A federal grand jury returned two one-count indictments today against Samuel Delacruz, 40, of Fresno, charging him with escaping from custody and being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, Delacruz was transferred from the Federal Correction Institute in Phoenix, Arizona to Turning Point Fresno Residential Reentry Center to serve the remainder of his federal sentence. He escaped on October 15, 2017, by leaving without permission, and his whereabouts remained unknown until he was apprehended in Fresno on March 22, 2018, after fleeing from police and tossing a gun into an area where children were playing. His underlying conviction was for being a felon in possession of a firearm.
This case is the product of an investigation by the U.S. Marshals Service and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Kimberly A. Sanchez is prosecuting the case.
If convicted, Delacruz faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the felon in possession charge and five years in prison and a $250,000 fine for the escape charge. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Bakersfield Trucking School Owner and Former DMV Employee Charged with Scheme to Fraudulently Issue California Driver’s LicensesRead the Press Release
FRESNO, Calif. — A federal grand jury returned a 13-count indictment on March 29, 2018, against Bikramjit Singh Pannu, aka Victor, 47, and Ulises Pena, 35, both of Bakersfield, charging them with criminal conspiracy, one count each of bribery concerning programs receiving federal funds, five counts of unlawful production of an identification document and five counts of unlawful transfer of an identification document, U.S. Attorney McGregor W. Scott announced today.
Pannu was arrested today and is scheduled to make his initial appearance in federal court at 2:30 p.m. today in Bakersfield before U.S. Magistrate Judge Jennifer Thurston. Pena made his initial appearance before Judge Thurston on April 4, 2018.
According to court documents, Pannu operated Skyway Truck Driving School in Bakersfield that ostensibly provided training to those seeking to obtain driver licenses. When a student could not pass the required DMV license written examinations, Pannu offered to assist them, in return for money, to have his co-defendant Pena, who was employed at a DMV field office in Bakersfield, access DMV records and alter them to show that the individual had passed DMV written examinations even though they had not. The DMV would then mail the student an officially issued California Driver License.
The scheme between Pannu and Pena continued from approximately January 2015 through August 25, 2016. In addition to the charged conspiracy and the bribery charges, the indictment also charges the unlawful production and transfer of five specific commercial Class A California driver’s licenses.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the California Department of Motor Vehicles, Investigations Division, Internal Affairs. Assistant U.S. Attorneys Henry Z. Carbajal III and David L. Gappa are prosecuting the case.
If convicted, the defendants face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy charge, a maximum statutory penalty of 10 years in prison and a $250,000 fine for the bribery charge, and a maximum statutory penalty of 15 years in prison and a $250,000 fine for each charge of unlawful production and transfer of identification documents. 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.
Sweeping Two-Day Operation Targets International Organized Crime in Sacramento Area NeighborhoodsRead the Press Release
SACRAMENTO, Calif. — Today, U.S. Attorney McGregor W. Scott, FBI Special Agent in Charge Sean Ragan, DEA Special Agent in Charge John J. Martin, Homeland Security Investigations Special Agent in Charge Ryan L. Spradlin, and IRS Criminal Investigation Assistant Special Agent in Charge Cindy Chen announced one of the largest residential forfeiture efforts in the nation’s history in a multi-agency effort to eradicate criminal enterprises operating in neighborhoods throughout the Sacramento region.
“Transnational criminal organizations are a blight on our communities, bringing dangerous drugs to our streets and trying to impose a false sovereignty over our neighborhoods,” Attorney General Sessions said. “The day I was sworn in as Attorney General, President Trump ordered me to make dismantling these organizations a priority, and we are carrying out that order with vigor. Today we take a major step toward that end using civil asset forfeiture, which is a key tool that helps us defund organized crime and weaken the criminals and the cartels. We have searched and filed forfeiture actions against dozens of houses allegedly used for criminal activity by Chinese drug traffickers, making this one of the largest residential forfeiture actions in American history. I want to thank all of our fabulous OCDETF members with the FBI, DEA, the Marshals Service, ICE, the IRS, Homeland Security Investigations, and our state and local partners with the California Highway Patrol, the Sacramento and Placer County Sheriffs’ Offices, and the Elk Grove police. They have helped make Sacramento safer. At the Department of Justice, we will remain focused on carrying out President Trump’s order and keeping dangerous and illegal drugs out of our country.”
“When criminal organizations funded by money from China reach into our cities to profit from illegal activity, our communities suffer,” said U.S. Attorney Scott. “These marijuana grow operations are illegal under federal and state law and are used to distribute marijuana all over the United States. They are a blight on our neighborhoods and create an unsafe environment for the men, women, and children who live there. The scope of this enforcement operation sends a clear message to international organized crime: get out of our neighborhoods. If you don’t, we will pursue you with all of the resources available to the federal government, seize your assets, search your properties, and target you for criminal prosecution. The success of this operation speaks to the effective partnerships across the federal and local law enforcement community and our united commitment to reduce violent crime in our residential neighborhoods by taking them back from criminal organizations with international ties and financing.”
“The FBI is committed to working with its federal, state, and local partners to disrupt and dismantle transnational organized criminal enterprises that place financial gain from their illicit activities ahead of the safety, security, and health of the residential communities they have hidden within,” said Special Agent in Charge Sean Ragan of the Federal Bureau of Investigation Sacramento Field Office. “Our partnerships within the intelligence and law enforcement communities are essential to ensure identification and coordinated investigation of those who threaten our neighborhoods with crimes such as drug trafficking, money laundering and human trafficking.”
“This operation targeted a sophisticated large-scale organized criminal network operating in our backyard,” said DEA Special Agent in Charge John J. Martin. “Individuals looking for opportunity chose the Sacramento region to set up shop and profit. DEA and our law enforcement partners will not stand for this and the message has been sent to those looking to invade our area with similar aspiration – you are not welcome. The citizens of our community deserve safe neighborhoods and we will work every day to ensure it.”
“Homeland Security Investigations has unique investigative authorities and has lent vast resources of specialized teams from across the country for this large-scale joint operation,” said Ryan L. Spradlin, Special Agent in Charge for HSI overseeing Sacramento. “The work on this case highlights our signature transnational investigative authorities and how we are able to help tackle these types of criminal organizations working side-by-side with all of our federal partners to make our communities safer.”
“This was a large-scale operation, with millions of dollars coming into the US from China,” said Cindy Chen, Assistant Special Agent in Charge, IRS Criminal Investigation. “This criminal organization used foreign money to purchase homes and turned them into marijuana grow houses; all at the cost of innocent neighborhoods. We are proud to provide our financial expertise as we work alongside our law enforcement partners to bring criminals to justice.”
On April 3 and 4, 2018, hundreds of federal agents and local law enforcement officers executed search warrants at approximately 74 houses suspected of being used by an international organization for marijuana cultivation, as well as two related business offices. Simultaneously, civil forfeiture actions were filed against more than 100 houses in the Sacramento region suspected of being related to this criminal organization and used as indoor marijuana grows. Some of the houses searched during this operation are subject to the forfeiture action. This represents one of the largest residential forfeiture efforts in the nation’s history.
Since 2014, state and federal law enforcement agencies have been investigating a number of indoor marijuana grows in residential neighborhoods throughout the Sacramento area. Common elements in some of the cases started to emerge: the down payments on the houses were financed by wires mainly from Fujian Province, in China; they used common Sacramento realtors; they used hard-money lenders rather than traditional banks; and they used straw buyers. The houses would then be converted into large-scale marijuana grows that often occupied a substantial portion, if not all, of the house and frequently involved hundreds or thousands of marijuana plants, which were later processed and distributed to other parts of the country, particularly the Eastern United States.
Such large-scale indoor grows violate federal and state law, as well as local codes and ordinances throughout the region. Further investigation found houses in the cities of Sacramento and Elk Grove and the counties of Sacramento, Calaveras, Placer, San Joaquin, El Dorado, Yuba, and Amador. The houses tended to use an extraordinary amount of electricity per month due to high-wattage lighting, circulatory fans, and other equipment, posing fire and environmental hazards; and frequently were left damaged or uninhabitable due to the grow operations. The influx of these marijuana cultivation sites into neighborhoods creates a risk of increased crime in from burglaries, robberies, and related activity. As of this afternoon, agents have seized approximately 61,050 marijuana plants from the houses and approximately 200 kilos of processed marijuana. They have also seized 15 firearms.
This operation was conducted by the Federal Bureau of Investigation, the Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the IRS Criminal Investigation with assistance from the U.S. Marshals Service, the Sacramento County Sheriff’s Office, the Elk Grove Police Department, the California Highway Patrol, the Placer County Sheriff’s Office, and the U.S. Customs and Border Protection Air and Marine Operations.
This case was part of an Organized Crime Drug Enforcement Task Force (OCDETF) effort. 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.
Justice Department Files Lawsuit to Invalidate New California Law Restricting Federal Land SalesRead the Press Release
WASHINGTON - The U.S. Department of Justice today filed a civil action in the U.S. District Court for the Eastern District of California against the State of California, Governor of California Edmund G. “Jerry” Brown Jr., and the California State Lands Commission, seeking a declaration that California Senate Bill 50 (“SB 50”), enacted in October 2017, is unconstitutional and seeking an injunction against implementation of this state law. This California law purports to give a state agency the power to block the sale, donation or exchange of federal lands by the federal government to any other person or entity. SB 50 also seeks to penalize (up to $5,000) any person who knowingly files real estate records pertaining to a federal land transfer unless the California government certifies that the transfer complies with state law.
“The Constitution empowers the federal government—not state legislatures—to decide when and how federal lands are sold,” said Attorney General Jeff Sessions. “California was admitted to the Union upon the express condition that it would never interfere with the disposal of federal land. And yet, once again, the California legislature has enacted an extreme state law attempting to frustrate federal policy. The Justice Department shouldn't have to spend valuable time and resources to file this suit today, but we have a duty to defend the rightful prerogatives of the U.S. military, the Interior Department, and other federal agencies to buy, sell, exchange or donate federal properties in a lawful manner in the national interest. We are confident that we will prevail in this case—because the facts are on our side.”
“Since the founding of the Republic, it has been fundamental to our constitutional system that a state may not discriminate against the United States or those with whom it deals,” said U.S. Attorney McGregor W. Scott for the Eastern District of California. “We will vigorously defend this principle.”
Under a range of federal laws, Congress has empowered federal agencies with the responsibility to determine when, to whom, for what purpose, and under what conditions federal interests in property will be conveyed. Federal conveyances serve a broad range of purposes such as supporting national defense, promoting local economic development, furthering land conservation, or otherwise providing important public benefits.
SB 50 interferes with federal land conveyances in the State of California. For example, SB 50 establishes a state policy to discourage transfers of federal lands in California out of federal ownership. It purports to render void federal land conveyances unless the California State Lands Commission is provided with a right of first refusal to the conveyance or the right to arrange for transfer to another entity. In addition, it purports to prohibit recordation of any deed or other conveyance document relating to a federal conveyance, unless the county recorder is presented with a certificate of compliance from the California State Lands Commission.
The United States’ complaint contends that SB 50 violates the Supremacy Clause of the U.S. Constitution and is therefore invalid. In the first claim for relief, the complaint alleges that SB 50 violates intergovernmental immunity because it discriminates against the United States and its transaction partners and, in the alternative, because it purports to regulate the United States. In the second claim for relief, the complaint alleges that a range of federal laws preempt SB 50, including because SB 50 stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.The Supremacy Clause of the Constitution provides: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . , shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2.
The Property Clause of the Constitution provides that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” U.S. Const. art. IV, § 3, cl. 2.
On Sept. 9, 1850, Congress enacted “An Act for the Admission of the State of California into the Union,” ch. 50, 9 Stat. 452. Section 3 of the Act provides in relevant part that “the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned.” 9 Stat. at 452.
The complaint lists examples of conveyances of federal real property purportedly subject to SB 50, including the following:- The Department of the Army’s planned conveyances to a developer in connection with a multi-phase transaction involving exchanges of about 78 acres of real property owned by the United States in the City of Dublin, Alameda County, for construction of facilities at Camp Parks, an Army military installation.
- The Department of the Navy’s closing on a contract with a developer for the purchase of the Admiral’s Cove property in Alameda, California. The General Services Administration serves as the Navy’s agent in connection with this transaction, providing services under an interagency agreement. This property was formerly used as housing for a military installation at the Naval Air Station Alameda. The Navy and a local redevelopment agency expended substantial resources over a period of many years, including in conducting environmental reviews, before the Navy decided to convey the property.
- The Department of Veterans Affairs plans to revitalize its 388-acre West Los Angeles Campus by leasing real property to other entities for the purpose of providing permanent supportive housing and related services for local veterans. The Department of Veterans Affairs also contemplates issuing an easement to the City of Los Angeles in support of the planned Purple Line Metro Project. These actions would help restore the campus to a safe and welcoming community for veterans and help to reduce veteran homelessness in Los Angeles.
The United States is represented in this action by Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, with lead counsel Deputy Assistant Attorney General Eric Grant, Justin Heminger, Stacy Stoller and Peter McVeigh, and Civil Chief David Shelledy of the U.S. Attorney’s Office for the Eastern District of California.
Justice Department Files Lawsuit to Invalidate New California Law Restricting Federal Land SalesRead the Press Release
The U.S. Department of Justice today filed a civil action in the U.S. District Court for the Eastern District of California against the State of California, Governor of California Edmund G. “Jerry” Brown Jr., and the California State Lands Commission, seeking a declaration that California Senate Bill 50 (“SB 50”), enacted in October 2017, is unconstitutional and seeking an injunction against implementation of this state law. This California law purports to give a state agency the power to block the sale, donation or exchange of federal lands by the federal government to any other person or entity. SB 50 also seeks to penalize (up to $5,000) any person who knowingly files real estate records pertaining to a federal land transfer unless the California government certifies that the transfer complies with state law.
“The Constitution empowers the federal government—not state legislatures—to decide when and how federal lands are sold,” said Attorney General Jeff Sessions. “California was admitted to the Union upon the express condition that it would never interfere with the disposal of federal land. And yet, once again, the California legislature has enacted an extreme state law attempting to frustrate federal policy. The Justice Department shouldn't have to spend valuable time and resources to file this suit today, but we have a duty to defend the rightful prerogatives of the U.S. military, the Interior Department, and other federal agencies to buy, sell, exchange or donate federal properties in a lawful manner in the national interest. We are confident that we will prevail in this case—because the facts are on our side.”
“Since the founding of the Republic, it has been fundamental to our constitutional system that a state may not discriminate against the United States or those with whom it deals,” said U.S. Attorney McGregor W. Scott for the Eastern District of California. “We will vigorously defend this principle.”
Under a range of federal laws, Congress has empowered federal agencies with the responsibility to determine when, to whom, for what purpose, and under what conditions federal interests in property will be conveyed. Federal conveyances serve a broad range of purposes such as supporting national defense, promoting local economic development, furthering land conservation, or otherwise providing important public benefits.
SB 50 interferes with federal land conveyances in the State of California. For example, SB 50 establishes a state policy to discourage transfers of federal lands in California out of federal ownership. It purports to render void federal land conveyances unless the California State Lands Commission is provided with a right of first refusal to the conveyance or the right to arrange for transfer to another entity. In addition, it purports to prohibit recordation of any deed or other conveyance document relating to a federal conveyance, unless the county recorder is presented with a certificate of compliance from the California State Lands Commission.
The United States’ complaint contends that SB 50 violates the Supremacy Clause of the U.S. Constitution and is therefore invalid. In the first claim for relief, the complaint alleges that SB 50 violates intergovernmental immunity because it discriminates against the United States and its transaction partners and, in the alternative, because it purports to regulate the United States. In the second claim for relief, the complaint alleges that a range of federal laws preempt SB 50, including because SB 50 stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.The Supremacy Clause of the Constitution provides: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof . . . , shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby; any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” U.S. Const. art. VI, cl. 2.
The Property Clause of the Constitution provides that “Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States.” U.S. Const. art. IV, § 3, cl. 2.
On Sept. 9, 1850, Congress enacted “An Act for the Admission of the State of California into the Union,” ch. 50, 9 Stat. 452. Section 3 of the Act provides in relevant part that “the said State of California is admitted into the Union upon the express condition that the people of said State, through their legislature or otherwise, shall never interfere with the primary disposal of the public lands within its limits, and shall pass no law and do no act whereby the title of the United States to, and right to dispose of, the same shall be impaired or questioned.” 9 Stat. at 452.
The complaint lists examples of conveyances of federal real property purportedly subject to SB 50, including the following:- The Department of the Army’s planned conveyances to a developer in connection with a multi-phase transaction involving exchanges of about 78 acres of real property owned by the United States in the City of Dublin, Alameda County, for construction of facilities at Camp Parks, an Army military installation.
- The Department of the Navy’s closing on a contract with a developer for the purchase of the Admiral’s Cove property in Alameda, California. The General Services Administration serves as the Navy’s agent in connection with this transaction, providing services under an interagency agreement. This property was formerly used as housing for a military installation at the Naval Air Station Alameda. The Navy and a local redevelopment agency expended substantial resources over a period of many years, including in conducting environmental reviews, before the Navy decided to convey the property.
- The Department of Veterans Affairs plans to revitalize its 388-acre West Los Angeles Campus by leasing real property to other entities for the purpose of providing permanent supportive housing and related services for local veterans. The Department of Veterans Affairs also contemplates issuing an easement to the City of Los Angeles in support of the planned Purple Line Metro Project. These actions would help restore the campus to a safe and welcoming community for veterans and help to reduce veteran homelessness in Los Angeles.
The United States is represented in this action by Acting Assistant Attorney General Jeffrey H. Wood of the Justice Department’s Environment and Natural Resources Division, with lead counsel Deputy Assistant Attorney General Eric Grant, Justin Heminger, Stacy Stoller and Peter McVeigh, and Civil Chief David Shelledy of the U.S. Attorney’s Office for the Eastern District of California.
Mendocino County Woman Pleads Guilty to Sex Trafficking of a MinorRead the Press Release
SACRAMENTO, Calif. —Monica Merlin Morales, 26, of Point Arena, pleaded guilty today to sex trafficking of a minor, U.S. Attorney McGregor W. Scott announced.
According to court documents, Morales and co-defendant Tion Makeise Foster, also of Point Arena, transported a 16-year-old girl to various places in the Eastern District of California and the San Francisco Bay Area in August 2016 so that she could engage in commercial sex acts for their financial benefit. Court documents indicate that Morales and Foster picked up the victim in her hometown after meeting her online. They bought her lingerie, took photos of her, and posted the photos in online prostitution advertisements. The victim did several “dates” during the week she was with the defendants. Morales and Foster ultimately returned to her hometown, but both they subsequently conspired to traffic the victim again in November and December that same year.
This case is the product of an investigation by the Federal Bureau of Investigation with assistance from the Yuba County Sheriff’s Office. Assistant U.S. Attorney Michele Beckwith is prosecuting the case.
Foster pleaded guilty to sex trafficking of a minor on December 13, 2017, and he is scheduled to be sentenced on June 13, 2018.
Morales is scheduled to be sentenced by Judge Kimberly J. Mueller on June 20, 2018. Morales faces a minimum statutory sentence of 10 years in prison and a maximum statutory penalty of up to life, as well as a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Susanville Man Indicted for Unlawful Possession of a FirearmRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against David Lopez, 33, of Susanville, charging him with unlawful possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on March 17, 2018, Lopez was found in possession of a Glock 26 handgun, along with a loaded extended magazine. Lopez has previously been convicted of a felony and is not permitted under federal law to possess firearms.
This case is the product of an investigation by the Federal Bureau of Investigation and the Susanville Police Department. Assistant U.S. Attorney Owen Roth is prosecuting the case.
If convicted, Lopez faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Nevada County Man Found in Possession of 1,283 Pounds of Marijuana Is Charged in Interstate Marijuana Trafficking ConspiracyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Jose Gregorio Luna, 33, of Nevada City, charging him with conspiracy to distribute marijuana, possession with intent to distribute marijuana, and manufacturing marijuana, U.S. Attorney McGregor W. Scott announced.
According to court documents, Luna operated an interstate marijuana trafficking operation that distributed marijuana from Nevada County in California to Georgia, Illinois, New York, and Tennessee. On March 13, 2018, law enforcement officers executed a search warrant at Luna’s residence and seized 1,283 pounds of marijuana and 576 marijuana plants.
This case is the product of an investigation by the Nevada County Sheriff’s Office and the Drug Enforcement Administration. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Luna faces a maximum statutory penalty of 40 years 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Hanford Man Indicted for Dealing Firearms and Possessing Methamphetamine to SellRead the Press Release
FRESNO, Calif. — A federal grand jury returned a seven-count indictment today against Armando Castillo, 48, of Hanford, charging him with dealing firearms without a license, possessing unregistered firearms and possessing methamphetamine with the intent to distribute, U.S. Attorney McGregor W. Scott announced.
According to court documents, Castillo sold 17 firearms over the course of a 15-month period beginning in December of 2016. Five of the firearms were short-barreled rifles that had no serial numbers. Many of the sales occurred at the Cherry Auction Swap Meet in Fresno. Additionally, on March 9, 2018, when Castillo was arrested, he had over 50 grams of methamphetamine in his possession.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Multi-Agency Gang Enforcement Consortium (MAGEC), and U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Castillo faces a maximum statutory penalty of up to 40 years 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 defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
Bakersfield Trucking School Owner and Former DMV Employee Charged in Scheme to Fraudulently Issue Commercial Driver’s LicensesRead the Press Release
FRESNO, Calif. — Two Bakersfield residents were arrested today for their for their roles in a conspiracy to sell California driver’s licenses to unqualified drivers, U.S. Attorney McGregor W. Scott announced.
On March 15, 2018, a federal grand jury returned a 13-count indictment against Paramjit Singh Mangat, 54, and Javier Jesus Hernandez-Herrera, 54, charging them with criminal conspiracy, six counts of unlawful production of an identification document, and six counts of unlawful transfer of an identification document.
According to court documents, Mangat operated driving schools in Bakersfield that ostensibly provided training to those seeking to obtain driver licenses, including Akal Truck Driving School and Akal Driving School. When students had difficulty passing DMV examinations, in return for money, Mangat offered to assist them in obtaining fraudulently issued, yet official licenses through Mangat’s contact, Herrera, a DMV employee.
From approximately June 2012 through August 24, 2016, Mangat conspired with Herrera, a Licensing Registration Examiner at a DMV office in Bakersfield. In return for monetary payment, Herrera agreed to access the students’ DMV records and alter the records to reflect that the individual had passed DMV written and/or behind-the-wheel examinations, when, in fact, the individual had not passed one or more required DMV tests. Herrera’s alteration of the records resulted in the DMV issuing a California driver’s license and mailing it to that individual. The indictment also charges the unlawful production and transfer of six specific commercial licenses.
This case is the product of an investigation by the Department of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the California Department of Motor Vehicles, Investigations Division Office of Internal Affairs. Assistant U.S. Attorneys Henry Z. Carbajal III and David L. Gappa are prosecuting the case.
If convicted, Mangat and Herrera face a maximum statutory penalty of five years in prison and a $250,000 fine for the conspiracy charge and a maximum statutory penalty of 15 years in prison and a $250,000 fine for each of the charges of unlawful production and transfer of identification documents. 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.
Stanislaus County Man Pleads Guilty in Helicopter Laser StrikesRead the Press Release
FRESNO, Calif. — Roger Shane John, 32, of Turlock, pleaded guilty today to aiming the beam of a laser pointer at a Stanislaus County Sheriff’s Department helicopter, U.S. Attorney McGregor W. Scott announced.
According to court documents, on the evening of October 22, 2017, John struck a Stanislaus County Sheriff’s helicopter, Air 101, five to six times with a powerful green laser, causing visual interference of both the pilot and tactical flight officer and disrupting an air support response to a domestic violence call. The laser strikes occurred within the FAA‑designated laser-free zone of the Modesto Airport. In pleading guilty, John admitted he knew that shining a laser at an aircraft is illegal. An examination of John’s laser revealed that it emitted 85 milliwatts (mW) of power and is 17 times more powerful than what is legally permissible for handheld laser devices. The FDA, which regulates handheld laser devices, has found that such power emission is dangerous and can cause either temporary visual effects or an eye injury.
This case is the product of an investigation by the Federal Bureau of Investigation, Stanislaus County Sheriff’s Department, and Modesto Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
John is scheduled for sentencing by U.S. District Judge Dale A. Drozd on June 11, 2018, in federal court in Fresno. He faces a maximum statutory penalty of five years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Mexican National Sentenced for Destructive Marijuana Cultivation Operation in Sequoia National Forest in Kern CountyRead the Press Release
FRESNO, Calif. — Alfredo Cardenas-Suastegui (Cardenas), 57, of Michoacán, Mexico, was sentenced today to five years in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced. U.S. District Judge Lawrence J. O’Neill also ordered Cardenas to pay $5,233 in restitution to the U.S. Forest Service for the damage to public land and natural resources.
Cardenas pleaded guilty on October 2, 2017. According to the plea agreement, for four months, Cardenas tended to 3,850 marijuana plants at an area known as the “Box 6” grow site in the Sequoia National Forest in Kern County. Co‑defendants Sair Maldonado-Soto, 22, and Coral Herrera, 21, both of Perris, Riverside County, supplied material, equipment, and personnel to Box 6 and to a grow site in the Lucas Creek drainage with a total of 10,396 marijuana plants for both sites. Maldonado-Soto and Herrera were also responsible for transporting Cardenas and co‑defendant Abel Toledo‑Villa, 35, of Michoacán, Mexico, away from the Box 6 grow site after it was raided. A rifle, ammunition, and processed marijuana were seized from the vehicle occupied by the four defendants as it drove away from the Box 6 grow site.
The marijuana cultivation operations at both sites caused extensive damage to the land and natural resources. Toxic pesticides and fertilizers, miles of plastic irrigation lines, and large amounts of trash were found at both sites. Native trees and vegetation were also removed to make room for the marijuana plants.
Maldonado-Soto was sentenced to three years and four months in prison, Herrera was sentenced to five years of probation, and Toledo-Villa was sentenced to five years in prison.
This case was the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) , Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) task force, California Department of Justice’s Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, Kern County Sheriff’s Office, Riverside County Sheriff’s Department, Fontana Police Department, and Victorville Police Department. Assistant United States Attorney Karen Escobar prosecuted the case.
Glendale Man Sentenced for Mortgage Fraud in CarmichaelRead the Press Release
SACRAMENTO, Calif. — U.S. District Judge Garland E. Burrell Jr. sentenced Koryun Hakobyan, 64, of Glendale, to two years in prison for his role as a straw buyer in a mortgage fraud scheme, U.S. Attorney McGregor W. Scott announced.
According to court documents, Hakobyan was recruited to act as a purchaser of a house in Carmichael. Hakobyan signed the loan application that was prepared for him, although he knew that the information in the application was false. Based on the false information about Hakobyan’s income, assets, employment and intent to occupy the house on July 3, 2007, the lender agreed to 100 percent financing and wired approximately $824,000 to buy the house.
Hakobyan never lived in the house, and instead, another person moved in. Two months after the purchase, Hakobyan applied for a $200,000 Home Equity Line of Credit based on a fraudulent application that misrepresented his length of ownership, his employer, gross monthly income and the outstanding loan balance. Once Hakobyan received the HELOC, he withdrew the money and transferred most of it to his daughter and son-in-law.
Because of Hakobyan’s fraudulent loan applications, banks lent more than a million dollars, and when he defaulted, the lenders lost approximately $580,000.
This case was the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorney Lee S. Bickley prosecuted the case.
Two Solano County Men Indicted for Conspiring to Bomb a Suisun City ResidenceRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Thomas Wayne Capenhurst, 33, of Dixon, and Robert Lee McGraw, 20, of Fairfield, charging both men with conspiracy, malicious use of explosive materials, and using a destructive device during a crime of violence, U.S. Attorney McGregor W. Scott announced. The indictment also charges McGraw with possessing an unregistered destructive device.
According to court documents, Capenhurst offered to pay McGraw and another man $10,000 each to place pipe bombs at his brother’s house in Suisun City. According to the complaint, Capenhurst gave McGraw three homemade pipe bombs and directed him to “try to knock the house down.”
The complaint alleges that on February 17, 2018, McGraw walked to the front door of a home on Blue Jay Drive in Suisun City, just before 1:00 a.m., and set one of the pipe bombs on the front porch. According to the complaint, McGraw lit the fuse, banged on the front door, and then ran. Afterwards, the pipe bomb detonated and blew the front door off its hinges. Law enforcement found pieces of metal shrapnel lodged in the home’s exterior walls, and windows broken nearby. Court documents state that a family of five was active inside the home, having just returned from a trip to the Bay Area.
This case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Federal Bureau of Investigation’s Solano County Violent Crimes Task Force, and the Suisun City Police Department. Special assistance was provided by the Dixon Police Department, Fairfield Police Department, Vacaville Police Department, Vallejo Police Department, Benicia Police Department, the Solano County Sheriff’s Office, and the California Highway Patrol.
If convicted of malicious use of explosive materials, Capenhurst and McGraw both face a penalty of not less than five years, and up to 20 years, in prison, and a $250,000 fine. If convicted of using a destructive device during a crime of violence, each defendant faces a penalty of not less than 30 years in prison, up to life, and a $250,000 fine. If convicted of conspiracy, Capenhurst and McGraw face a maximum penalty of five years in prison and a $250,000 fine. If convicted of possessing an unregistered destructive device, McGraw faces a maximum statutory penalty of 10 years in prison and a $10,000 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.
Three from Southern California Traffic Heroin and 30 Pounds Methamphetamine in FresnoRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment today against Julian Aispuro Jr., 33, of Los Angeles; Abel Gregory Castro, 29, of Torrance; and Tauri Dolores Valera, 32, of San Pedro, charging them with conspiring to distribute methamphetamine and heroin and possession with the intent to distribute both methamphetamine and heroin, U.S. Attorney McGregor W. Scott announced. Additionally, Castro and Valera were charged with possession of a firearm in furtherance of a drug trafficking offense.
According to court documents, Aispuro arranged to sell methamphetamine, black tar heroin, and china white heroin to two people, one of whom was an undercover officer. On February 21, 2018, Aispuro arrived at the prearranged meeting spot. Castro and Valera arrived separately with approximately 28.9 pounds of methamphetamine and 1.3 pounds of china white heroin in the trunk as well as a loaded .38-caliber Smith and Wesson revolver in plain view on the back seat.
This case is the product of an investigation by the Fresno Methamphetamine Task Force, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), California Department of Justice’s Special Investigation Team, California Highway Patrol, Fresno County Sheriff’s Office, and Tulare County Sheriff’s Office. Assistant U.S. Attorney Laurel J. Montoya is prosecuting the case.
If convicted, Aispuro faces a statutory penalty of a minimum of 10 years to life years in prison and a $10 million fine. If convicted, Castro and Valera face a statutory penalty of a minimum of 15 years to life years in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Stockton Man Sentenced to over 8 Years in Prison for Possession of Firearms and Ammunition Purchased on the Dark WebRead the Press Release
SACRAMENTO, Calif. — Jeremy Solima, 41, of Stockton, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to eight years and four months in prison for being a felon in possession of a firearm, U.S. Attorney McGregor W. Scott announced.
According to court documents, on July 22, 2017, officers conducted a probation search of Solima’s residence and found a stolen assault rifle, a pistol, six high‑capacity magazines, three gun barrels, six boxes of ammunition, gun scopes, and other miscellaneous gun pieces. He said he purchased the firearms from the dark web marketplace AlphaBay, and he intended to sell them in Stockton. Solima, who had been previously convicted of several felonies, was prohibited from possessing or selling firearms.
Dark web marketplaces are operated on computer networks designed to conceal the true Internet Protocol address of the computers accessing the network. Dark web marketplaces allow for payments to be made only in the form of digital currency, most commonly in Bitcoin. AlphaBay was shut down by law enforcement in July 2017.
This case is a product of the Project Safe Neighborhoods (PSN) initiative and joint investigations by the Stockton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. PSN brings together federal, state and local law enforcement to combat gun and gang crime. PSN aims to incapacitate chronic violent offenders and deter potential gun offenders through increased federal prosecution. Assistant U.S. Attorney Cameron L. Desmond prosecuted the case.
Sacramento Man Pleads Guilty to Repeat Child Pornography OffenseRead the Press Release
SACRAMENTO, Calif. —Marc Christopher Turner, 44, of Sacramento, pleaded guilty today to receipt of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, law enforcement agents searched Turner’s apartment in September 2016. Review of Turner’s computer located 90 videos and 171 still images depicting the sexual abuse and exploitation of minors. At the time of the search, Turner was a registered sex offender based on a prior conviction in federal court in Sacramento for distributing child pornography.
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. Attorney Matthew G. Morris is prosecuting the case.
Turner is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on May 31, 2018. Turner faces a maximum statutory penalty of 40 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Leader of Redding-Based Methamphetamine Distribution Operation Sentenced to 21 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Rafael Pahua Martinez, 41, a Mexican national residing in Orland, was sentenced Thursday by U.S. District Judge Morrison C. England Jr. to 21 years in prison for conspiring to distribute methamphetamine, U.S. Attorney McGregor W. Scott announced.
According to court documents, during a year-long investigation, Martinez, the principal target of that investigation, imported large quantities of methamphetamine from Southern California and then distributed them throughout the Eastern District of California and to other states.
Between September 2014 and July 2015, two undercover agents made four purchases of methamphetamine from Martinez and his couriers. These purchases occurred in Shasta and Tehama counties and totaled less than one pound. In each case, the agent negotiated the price with Martinez, who then sent one of his employees to execute the transaction in a public parking lot.
On two other occasions, Martinez used couriers to take cash to Southern California and return to Tehama County with methamphetamine. The first of these deliveries was completed on June 6, 2015, and brought 14 kilograms of methamphetamine into the Eastern District of California. In the second delivery, completed on about June 14, 2015, Martinez paid $88,200 for 10 kilograms of methamphetamine, which his courier delivered into the district.
Law enforcement officers arrested Martinez on July 7, 2015, in Orland. They seized $49,500 from Martinez and his car. He had intended to use nearly all of this this money to purchase additional methamphetamine.
This case was the product of an investigation by the Drug Enforcement Administration, the California Highway Patrol, the Tehama Interagency Drug Enforcement (TIDE) Task Force, and the Shasta Interagency Narcotic Task Force. Assistant United States Attorneys Paul A. Hemesath and Amanda Beck prosecuted the case.
Former Sacramento Area Youth Gymnastics Coach Pleads Guilty to Possessing Child PornographyRead the Press Release
SACRAMENTO, Calif. —Derek Swede Godfrey, 48, formerly of Rocklin, pleaded guilty today to possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, in October 5, 2006, law enforcement agents executed a search warrant at Godfrey’s home in Rocklin. On his computer, agents located more than 400 videos and 5,000 still images depicting the sexual abuse and exploitation of minors. The day after, Godfrey, a youth gymnastics coach, left the United States for the Netherlands where he had dual-citizenship. On January 25, 2007, a grand jury in Sacramento indicted Godfrey, charging him with one count of possession of child pornography.
In 2012, Godfrey was located in Perth, Australia, where he was once again found to be coaching children’s gymnastics. At that time, Australian authorities arrested Godfrey on charges unrelated to the charges in the United States. In April 2016, Australian authorities agreed to extradite Godfrey to the United States to face the charges pending in Sacramento.
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. Attorney Matthew G. Morris is prosecuting the case.
Godfrey is scheduled to be sentenced by U.S. District Judge Morrison C. England Jr. on June 7, 2018. Godfrey faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case 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.
Tulare Man Pleads Guilty to Making False Statements to Probation OfficerRead the Press Release
FRESNO, Calif. — Rojelio Martin, 36, of Tulare, pleaded guilty today to making false statements to a U.S. Probation Officer, U.S. Attorney McGregor W. Scott announced.
According to court documents, on May 20, 2013, Martin was sentenced to 33 months in prison and a three-year term of supervised release following his convictions on 10 counts of wire fraud. The convictions resulted from when Martin (then a licensed tax preparer) and codefendant Roberto Olivares fraudulently prepared personal tax returns for clients of “Success Income Tax Services,” a Tulare-based business Martin and Olivares formed and operated. The judgement against Martin required him to pay $44,860 in restitution.
Beginning in April 2017, Martin failed to make the court-ordered restitution payments. In support of his claim that his health-related absences from work prevented him from paying restitution, on or about December 13, 2017, Martin gave his supervising U.S. Probation Officer a fraudulent and forged letter from his doctor and a fraudulent statement of earnings.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
Martin is scheduled to be sentenced by Chief U.S. District Judge Lawrence J. O’Neill on June 4, 2018. Martin 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.
Mexican National Sentenced to Prison for Conspiring to Sell Fraudulent Identification DocumentsRead the Press Release
FRESNO, Calif. —Maria Victoria Perez-Vasquez, 32, a citizen of Mexico residing in Fresno, was sentenced today by Chief U.S. District Judge Lawrence J. O’Neill to 15 months in prison for conspiracy to transfer, possess, and sell false identification documents, U.S. Attorney McGregor W. Scott announced.
According to court documents, between June 2015 and June 2016, Perez-Vasquez conspired with others to sell fraudulent identification documents, including social security cards and alien registration receipt cards, to customers who placed orders and paid as much as $150 for a set of the fraudulent documents.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the California Department of Motor Vehicles, Investigations Division. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
On June 16, 2016, Perez-Vasquez and five co-defendants, all citizens of Mexico, were arrested for the scheme. Four of the other co-defendants pleaded guilty and have been sentenced. Charges are pending against the remaining co-defendant, Fidel Vasquez-Velazquez, who is a fugitive following his failure to appear in court for a bond forfeiture hearing on August 22, 2016. The charges against him are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican National Sentenced for Marijuana Cultivation in Giant Sequoia National MonumentRead the Press Release
FRESNO, Calif. — Rosario Beltran-Leal, aka Jose Luis Aguilar, aka Dagoberto Suarez (Beltran), 44, of Sinaloa, Mexico, was sentenced today to four years and nine months in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in the Giant Sequoia National Monument in Tulare County in the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced.
According to court documents, on April 28, 2018, Beltran was found bringing over 31,000 marijuana seeds to a cultivation site in a remote area closed to the public in the Giant Sequoia National Monument. He was also in possession of a large quantity of food and cultivation supplies, including 100 hose connectors. In pleading guilty, Beltran acknowledged that he had delivered food supplies to marijuana growers in the same area in 2016. The irrigation system from the previous year was intact. Native vegetation and trees had also been trimmed to make room for the marijuana plants and water had been diverted from a tributary of Mill Creek.
This case was the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), California Department of Fish and Wildlife, and Tulare County Sheriff’s Office. Assistant U.S. Attorney Karen Escobar prosecuted the case.
Mexican National Pleads Guilty to Growing Marijuana in Sequoia National ForestRead the Press Release
FRESNO, Calif. — Raul Cardenas-Solis (Cardenas), 31, a citizen of Michoacán, Mexico, pleaded guilty today to conspiring to cultivate marijuana on public land, U.S. Attorney McGregor W. Scott announced.
According to court documents, Cardenas was found checking irrigation lines at a marijuana cultivation site in the North Meadow Creek area in Tulare County in the Sequoia National Forest. Law enforcement officers found 10,488 marijuana plants at the site where Cardenas resided. 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 disposal. Cardenas has agreed to pay $11,195 in restitution to the U.S. Forest Service to clean up the area damaged by the cultivation operation.
This case is the product of an investigation by the U.S. Forest Service with assistance from the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorney Karen A. Escobar is prosecuting the case.
Cardenas is scheduled to be sentenced by Judge Dale A. Drozd on June 4, 2018. Cardenas faces a minimum statutory penalty of 10 years in prison, a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Clovis Man Pleads Guilty to Running $24M Ponzi SchemeRead the Press Release
FRESNO, Calif. — Seth Adam Depiano, 36, of Clovis, pleaded guilty today to mail fraud, wire fraud and money laundering in connection with a real estate investment Ponzi scheme, U.S. Attorney McGregor W. Scott announced.
According to court documents, Depiano operated a Ponzi scheme that lured real estate investors to give money to Depiano and the businesses he controlled, including The Rental Group, US Funding and Home Services LLC, and Draymond Homes. Depiano fraudulently promised investors that he would use their money to purchase residential properties and either manage the properties for rental income or arrange for them to be renovated and resold. In many cases, Depiano promoted the properties to investors with documents that falsely represented high occupancy rates. Depiano oftentimes had no authority to purchase or sell the properties and misled investors with fraudulent documents misrepresenting the properties’ ownership. Some of the properties Depiano marketed to investors did not even exist.
Depiano frequently used the investors’ money to pay his personal expenses, fund his gambling activities, and finance the settlement of the investors’ civil lawsuits against Depiano. He also paid investors purported rental income that, in fact, was money other investors gave to Depiano for investment purposes.
In his plea agreement, Depiano admitted to defrauding investors of approximately $24 million dollars and agreed to pay restitution to approximately 28 investors. Depiano also agreed to forfeit more than $700,000 seized from several bank accounts and cash, and a baseball card collection valued at more than $31,000.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
Depiano is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on May 29, 2018 at 1:30 p.m. Depiano faces a maximum statutory penalty of 20 years in prison for the mail fraud and wire fraud charges, ten years in prison for money laundering, 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.
U.S. Senate Confirms McGregor W. Scott as U.S. Attorney for the Eastern District of CaliforniaRead the Press Release
SACRAMENTO, Calif. — On Wednesday, March 7, 2018, McGregor W. Scott was confirmed by the U.S. Senate to be the U.S. Attorney for the Eastern District of California. He was been nominated for the position by President Donald J. Trump.
Mr. Scott was sworn in as the Court-appointed U.S. Attorney on December 29, 2017. He returned to the position he held from 2003 to 2009 when he was appointed U.S. Attorney by President George W. Bush.
Mr. Scott received his B.A. from Santa Clara University in 1985 and his J.D. from Hastings College of the Law, University of California, in 1989. He served as a deputy district attorney from 1989 to 1997 in Contra Costa County, California, and served as the elected District Attorney of Shasta County, California, from 1997 to 2003. After completing his first term as U.S. Attorney, Mr. Scott practiced as a partner with the law firm of Orrick, Herrington, & Sutcliffe LLP, focusing on white collar criminal defense and corporate investigations. In addition, Mr. Scott retired in 2008 from the U.S. Army Reserve as a lieutenant colonel after 23 years of service.
The U.S. Attorney serves as the chief federal law enforcement officer for the Eastern District of California and is responsible for prosecuting federal criminal cases and representing the United States in civil litigation. The Eastern District covers 34 counties throughout the Central Valley and the Sierras, from the Oregon border in the north to the Los Angeles County line in the south. The office has 92 attorneys and 81 non-attorney staff with offices in Sacramento, Fresno, and Bakersfield.
“I am humbled and honored to be appointed by the president to lead the committed men and women in this outstanding office. I look forward to working with them and our law enforcement partners to keep our communities safe, to safeguard the Treasury, and to provide the United States with the highest quality legal representation in all the matters we handle,” U.S. Attorney Scott said.
Sacramento Man Indicted for Firearms TraffickingRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an 18-count indictment today against Shawn Darrell Wilson, 27, of Sacramento, charging him with dealing firearms without a license, possessing a firearm as a felon, and illegal possession of a machine gun, U.S. Attorney McGregor W. Scott announced.
According to court documents, Wilson met with an undercover agent and two confidential sources on 17 occasions between September 12, 2017, and December 8, 2017, and sold them a variety of firearms, including a fully automatic machine gun, several AR-15-type rifles and pistols, and handguns. In all, Wilson sold investigators 46 firearms, many of which lacked a serial number or other identifying markings. Wilson is prohibited from possessing firearms based on a prior felony conviction.
This case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with special assistance from the Sacramento Police Department and the Sacramento County District Attorney’s Office’s Gangs, Hate Crimes, and Narcotics unit.
If convicted of dealing firearms without a license, Wilson faces a maximum penalty of five years in prison and a $250,000 fine. The maximum penalty for possessing a firearm as a felon and illegal possession of a machine gun is 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Kmart Corporation Pays $525,000 to Settle False Claims Act Allegations of Improper Medi-Cal BillingsRead the Press Release
SACRAMENTO, Calif. — Kmart Corporation has paid $525,000 to resolve allegations that it violated the federal False Claims Act when it knowingly submitted claims for reimbursement to California’s Medi‑Cal program that were not supported by applicable diagnosis and documentation requirements, U.S. Attorney McGregor W. Scott announced today.
Kmart is an Illinois corporation that provides pharmacy services in several states with approximately a half dozen locations in California over the relevant time period. The Medi-Cal program is administered by the California Department of Health Care Services (DHCS) and relies on both federal and state funding to provide health care to millions of Californians, including those with low incomes and disabilities.
Medi-Cal utilizes a formulary list, commonly known as “Code 1” drugs, which designates certain restrictions for each listed drug, including restrictions pertaining to diagnoses. Medi-Cal will reimburse certain Code 1 drugs only for approved diagnoses, taking into account criteria such as the drug’s safety, efficacy, misuse potential, and cost. Pharmacies serve the critical gatekeeping function of confirming and certifying that these Code 1 drugs are dispensed for the approved diagnoses. Kmart may bill for drugs prescribed outside of the approved diagnoses only if it submits a request to DHCS that includes a justification for the non‑approved use. Today’s settlement resolves allegations that Kmart failed to confirm and document the requisite diagnoses, and in some instances dispensed drugs for non-approved diagnoses, then knowingly billed Medi-Cal for these prescriptions.
The allegations resolved by this settlement were first raised in a lawsuit filed against Kmart under the qui tam, or whistleblower, provisions of the False Claims Act by a pharmacist who worked as Pharmacist in Charge at a California Kmart location. The False Claims Act allows private citizens with knowledge of fraud to bring civil actions on behalf of the government and to share in any recovery. The whistleblower in this matter will receive approximately $96,500 of the recovery proceeds.
This settlement is the result of a joint effort by the United States Attorney’s Office for the Eastern District of California and California’s Bureau of Medicaid Fraud and Elder Abuse. Assistant U.S. Attorney Catherine J. Swann handled the matter for the United States, with assistance from the Department of Health and Human Services, Office of Inspector General, and the Federal Bureau of Investigation. The claims settled by this agreement are allegations only, and there has been no determination of liability.
Colusa County Man Fined for Two Violations of the Migratory Bird Treaty ActRead the Press Release
SACRAMENTO, Calif. — Ronald C. Simmons, 76, of Colusa, pleaded guilty on Tuesday to two misdemeanor counts: unlawful baiting and unlawful taking of a migratory game bird, in violation of the Migratory Bird Treaty Act. He was immediately sentenced by U.S. Magistrate Judge Edmund F. Brennan and ordered to pay a $7,500 fine.
According to court documents, on October 21, 2017, opening day of waterfowl season in the Sacramento Valley, Simmons and his invited guests shot and killed 16 wood ducks over a baited cornfield at Butte Creek Farms. Simmons, who managed a field on the Colusa County property, had previously rolled unharvested cornstalks and intentionally spread corn kernels onto the field as bait for wood ducks, a migratory bird, for the purpose of ensuring a successful waterfowl hunting season. Exposed and scattered corn kernels can lure and attract migratory birds. According to the Migratory Bird Treaty Act, it is unlawful to hunt migratory birds using bait.
This case was the product of an investigation by the U.S. Fish and Wildlife Service. Special Assistant U.S. Attorney Erica L. Anderson prosecuted the case.
Riverside County Man Sentenced for Marijuana Cultivation Operations in Sequoia National Forest in Kern CountyRead the Press Release
FRESNO, Calif. — Sair Maldonado-Soto (Maldonado), 22, of Perris, was sentenced today to three years and four months in prison for conspiring to manufacture, distribute and possess with intent to distribute marijuana in connection with two separate large-scale marijuana cultivation operations in Kern County in the Sequoia National Forest, U.S. Attorney McGregor W. Scott announced. Maldonado was also ordered to pay $10,756.02 to the U.S. Forest Service for the damage to public land and natural resources caused by the marijuana cultivation activities.
In September, Maldonado pleaded guilty to the conspiracy after he and his girlfriend and co-defendant, Coral Herrera, 21, also of Perris, were linked to grow sites in the Lucas Creek drainage and an area known as the Box 6 site following a four-month investigation. The investigation revealed that they were supplying material, equipment, and personnel to the two grow sites, which consisted of 10,396 marijuana plants. They were also responsible for transporting co-defendants Abel Toledo-Villa, 34, and Alfredo Cardenas-Suastegui, 56, both of Mexico, away from the Box 6 grow site after it was searched.
The marijuana cultivation operations caused extensive damage to the land and natural resources. Highly toxic pesticides were found at both sites and at Maldonado’s residence in Perris. Many miles of plastic irrigation lines were spread throughout the sites. Native trees and vegetation were also removed to make room for the marijuana plants.
The remaining three defendants have pleaded guilty. Toledo-Villa has been sentenced to five years in prison. Herrera and Cardenas-Suastegui are scheduled for sentencing on January 22 and February 12, 2018. Cardenas-Suastegui faces a statutory mandatory minimum penalty of five years in prison and a maximum penalty of 40 years in prison, and a $5 million fine. Herrera faces a maximum penalty of 20 years in prison and a fine of $1 million. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), Southern Tri-County High Intensity Drug Trafficking Area (HIDTA) Task Force, California Department of Justice’s Campaign Against Marijuana Planting (CAMP), California Department of Fish and Wildlife, Kern County Sheriff’s Office, Riverside County Sheriff’s Department, Fontana Police Department, and Victorville Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Fresno Man Pleads Guilty to Laser Strike on Police HelicopterRead the Press Release
FRESNO, Calif. — Michael Vincent Alvarez, 32, of Fresno, pleaded guilty today to striking Air-1, a Fresno Police Department helicopter, with a green laser beam, U.S. Attorney McGregor W. Scott announced.
According to court documents, on October 22, 2017, Alvarez struck a Fresno Police helicopter several times with a powerful green laser. The laser caused visual interference of the Tactical Flight Officer and disrupted an air support response to a domestic violence call. Alvarez was driving a vehicle on Highway 99 when he allegedly pointed the laser at the helicopter and tracked and struck it. When ground units were called to apprehend Alvarez, he drove through the streets of Fresno at a high rate of speed, eluding officers for several miles until he crashed into the center divider at First Street and Floradora Avenue. Following the crash, Alvarez ran into a residential area, jumping several fences until he was arrested in a backyard. A green laser pointer that officers found inside the driver side door pocket of Alvarez’s vehicle had a danger warning on it.
Alvarez is scheduled for sentencing on May 21, 2018, before U.S. District Judge Dale A. Drozd. Alvarez is facing a five-year sentence and a fine of $250,000. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Federal Bureau of Investigation and Fresno Police Department. Assistant U.S. Attorney Karen Escobar is prosecuting the case.
Two Men Indicted for Trafficking Firearms in Sacramento and Placer CountiesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a 16-count indictment today against Jesus Rodriguez, 22, and James Raymond Sykes, 23, both of Sacramento, charging them with dealing firearms without a license and conspiring to do the same, U.S. Attorney McGregor W. Scott announced. The indictment also charges Rodriguez with possessing an unregistered and unserialized short-barreled rifle, and distributing methamphetamine and cocaine.
According to court documents, Rodriguez met separately with an undercover agent and two confidential sources on 12 occasions between September 5, 2017, and December 6, 2017, and sold them a variety of firearms, including a short-barreled rifle with a 90-round drum magazine, several AR-15-type rifles and pistols, and handguns. Court records also state that Rodriguez sold the agent cocaine and methamphetamine. In all, Rodriguez sold the undercover agent 34 firearms, many of which lacked a serial number or other identifying markings. Court records state that Sykes was present at, and participated in, at least five of the firearms transactions.
This case is the product of an investigation by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, with special assistance from the Sacramento Police Department and the Sacramento County District Attorney’s Office’s Gangs, Hate Crimes, and Narcotics unit.
If convicted of dealing firearms without a license, the defendants face a maximum penalty of five years in prison and a $250,000 fine. The maximum penalty for possessing an unregistered short-barreled rifle or an unserialized firearm is 10 years in prison and a $10,000 fine. The penalty for distributing methamphetamine is not less than 10 years in prison, up to life, and a $10 million fine. The maximum penalty for distributing cocaine is 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.
Sacramento Man Indicted for Possessing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against David Patrick Seilheimer, 50, of Sacramento, charging him with receiving child pornography and possessing child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, between May 2015 and February 7, 2018, Seilheimer, using the internet, downloaded and shared child pornography videos and images. The images included prepubescent children engaged in sexual activity.
This case is the product of an investigation by the Internet Crimes Against Children 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 Roger Yang and Rosanne Rust are prosecuting the case.
If convicted, Seilheimer faces a maximum statutory penalty of 40 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.
Sacramento Man Indicted for Advertising and Distributing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Mark A. Richards, 48, of Sacramento, charging him with advertising and distributing child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, in January 2018, Richards allegedly made child pornography available over a peer-to-peer file sharing network and provided passwords to undercover officers who asked him for access to his files. On two occasions, January 7, 2018 and January 11, 2018, those undercover officers in locations outside California obtained child pornography from Richards.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Matthew G. Morris is prosecuting the case.
Richards has been in custody since his arrest on February 14, 2018. If convicted, Richards faces a maximum statutory penalty of 30 years in prison for advertising child pornography and 20 years in prison for each count of distributing child pornography, along with a $250,000 fine on each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
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.
Dark Web Gun Trafficker from Grass Valley Indicted for Unlawful Dealing in Firearms and Possession of Unregistered FirearmsRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a nine-count indictment today against Michael Paul Grisham Smith, 44, of Grass Valley, charging him with unlawful dealing and manufacturing in firearms and unlawful possession of unregistered 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 on the dark web was in fact an undercover law enforcement agent working for Homeland Security Investigations (HSI). Between December 1, 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. Assistant U.S. Attorneys Quinn Hochhalter and Justin Lee are prosecuting the case.
If convicted, Smith faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two Mexican Nationals Sentenced for Growing Marijuana on National Forest LandRead the Press Release
SACRAMENTO, Calif. — U.S. Attorney McGregor W. Scott announced sentences in two unrelated cases involving growing marijuana in national forests. In addition to the marijuana charges, both defendants were sentenced for depredation of federal property. Not only are the marijuana grow sites an illegal trespass, they cause significant environmental damage, through the use of harmful – and often banned – pesticides, as well as harm to natural rivers and streams, which the site’s operators divert to irrigate the marijuana crops.
In the first case, U.S. District Judge Kimberly J. Mueller sentenced Sebastian Martinez Arreola, 20, of Michoacán, Mexico, to 20 months in prison for manufacturing marijuana, conspiring to do the same, and depredation of federal property. According to court documents, Martinez Arreola and others were arrested by law enforcement on August 7, 2017, following a search of a marijuana-cultivation site in the Limedyke Mountain area of the Shasta-Trinity National Forest in Trinity County. At the site, they found approximately 2,500 marijuana plants and a .45‑caliber Ruger handgun.
This case was the product of an investigation by the United States Forest Service, Bureau of Land Management, the Trinity County Sheriff’s Office, the California Department of Fish and Wildlife, and the North State Marijuana Investigation Team. Assistant U.S. Attorney Richard Bender is prosecuting the case.
In the second case, Judge Mueller sentenced Pedro Sanchez Muniz, 39, native of Mexico, to two years in prison for conspiracy to manufacture at least 1,000 marijuana plants, as well as depredation of federal property. According to court documents, Sanchez Muniz was arrested by law enforcement officers at a marijuana cultivation site growing approximately 1,500 plants on the Mendocino National Forest in Tehama County. He was found tending to marijuana plants at the site.
This case was the product of an investigation by the U.S. Forest Service, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), California Department of Fish & Wildlife, and Tehama County Sheriff’s Office. Assistant U.S. Attorney James Conolly prosecuted the case.
Stanislaus County Woman Indicted for Defrauding Social Security Administration of $190,000Read the Press Release
FRESNO, Calif. — Linda Expose, 54, of Salida, appears in court today for an indictment charging her with mail fraud and fraud on the Social Security Administration, U.S. Attorney McGregor W. Scott announced.
According to court documents, Expose began receiving Social Security benefits in 1980 and concealed from the Social Security Administration her 19-year employment at a children’s hospital during which she received income under a family member’s social security number. To facilitate her continued receipt of Social Security benefits, Expose repeatedly misrepresented to the Social Security Administration that she had never used another social security number other than her assigned number, and filed multiple applications for Social Security benefits under both numbers to maximize her receipt of such benefits. Expose allegedly defrauded the Social Security Administration of approximately $190,000 in benefits she was ineligible to receive and would not have received had she truthfully reported to the Social Security Administration the income she earned from the hospital.
This case is the product of an investigation by the Social Security Administration’s Office of Inspector General. Assistant U.S. Attorney Christopher D. Baker is prosecuting the case.
If convicted, Expose faces a maximum statutory penalty of 20 years in prison for the mail fraud charge and five years in prison for each of the two counts of Social Security benefits fraud, 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.
One Fresno Man Sentenced for Illegal Possession of Firearms; Another Pleads Guilty to Being an Armed Career CriminalRead the Press Release
FRESNO, Calif. —Troy Franklin, 34, of Fresno, was sentenced today by Chief U.S. District Judge Lawrence J. O'Neill to seven years and eight months in prison for being a felon in possession of a firearm and possession of an unregistered firearm, and Stephen Walker, 42, of Fresno, pleaded guilty to being an armed career criminal, U.S. Attorney McGregor W. Scott announced.
1:16-cr-144 LJO
According to court documents in the first case, Franklin, who is prohibited from possessing firearms due to a prior felony conviction, illegally purchased an AR-15 rifle with a barrel length of less than 16 inches. Police tried to conduct a traffic stop on the black Range Rover Franklin was driving after the purchase, and Franklin fled. He stopped the car and ran, and police found him hiding in a nearby apartment. They found the short-barreled rifle inside of a towel on the back passenger seat of the Range Rover. They also seized a Glock pistol Franklin left in the apartment where he had been hiding. This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI, California Department of Justice, California Highway Patrol Special Operations Unit, and the Fresno Police Department. Assistant U.S. Attorneys Jeffrey A. Spivak and Kimberly A. Sanchez prosecuted the case.
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According to court documents in the second case, Walker possessed a Jennings pistol and ammunition after having three prior felony convictions for infliction of corporal injury on a spouse or cohabitant. This case is the product of an investigation by the FBI and the Fresno Police Department. Assistant U.S. Attorneys Jeffrey A. Spivak and Ross Pearson are prosecuting the case.
Walker’s sentencing has been set for May 21, 2018, before Judge O’Neill. Walker faces a minimum of 15 years in prison and a maximum of life in prison, and up to 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.
These cases are the product of Project SAFE Neighborhoods investigations. PSN is a nationwide strategy for using existing resources to most effectively combat violent crime in partnership with state, local and tribal law enforcement and the communities we serve.
Sacramento Man Pleads Guilty in Tax Refund Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Arsen Muhtarov, 39, of Sacramento, pleaded guilty to today to conspiracy to defraud the United States by filing fraudulent tax returns, U.S. Attorney McGregor W. Scott announced.
According to court documents, Aleksandr Kuzmenko, 34, of Loomis, was a tax preparer at VK Tax Services in Citrus Heights. Muhtarov conspired with Aleksandr Kuzmenko, Petr Kuzmenko, 39, of West Sacramento, and Valeriy Nikitchuk, 45, of Kent, Washington, to defraud the United States. Between February 2009 and November 2009, using stolen identification information and fictitious addresses, they filed approximately 90 fraudulent tax returns with the IRS that claimed the First Time Home Buyer Credits (FTHBC) on behalf of filers who were not entitled to the credit. The resulting fraudulent refunds were electronically deposited into bank accounts that the defendants controlled. The proceeds were then withdrawn and spent. The fraudulent claims totaled approximately $695,724, of which the IRS paid approximately $573,000.
Petr Kuzmenko was sentenced to six and a half years in prison and ordered to pay $573,332 in restitution to the IRS. Aleksandr Kuzmenko was sentenced to over two years in prison, and Valeriy Nikitchuk was sentenced to 10 months in prison.
Muhtarov is scheduled to be sentenced by U.S. District Judge Garland E. Burrell Jr. on June 1, 2018. Muhtarov faces a maximum statutory penalty of 10 years and 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 IRS Criminal Investigation. Assistant U.S. Attorney Michele Beckwith is prosecuting the case.
Leader of Redding-Area Heroin Conspiracy Sentenced to 10 Years in PrisonRead the Press Release
SACRAMENTO, Calif. — Eduardo Salinas-Garcia, 44, of Sonora, Mexico, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 10 years in prison for conspiring to distribute heroin, U.S. Attorney McGregor W. Scott announced.
According to court documents, Salinas-Garcia led a 2015 conspiracy to distribute heroin in the Redding area. On March 27, 2015, law enforcement officers in Redding pulled over the car in which Salinas-Garcia was riding. They also pulled over the car behind his; that vehicle was being driven by one of Salinas-Garcia’s co-defendants and was carrying about 5.75 pounds of heroin in the trunk. Salinas-Garcia later confessed that he was a U.S. citizen living in Mexico and that he smuggled large quantities of heroin from the Los Angeles area to Redding. Salinas-Garcia said that he had intended to deliver this heroin to a dealer living in Redding. Further investigation showed that, for at least the seven months preceding his arrest, Salinas-Garcia and some of his co-defendants exchanged text messages related to drug trafficking with this dealer. The messages directed the dealer to deposit his drug sale proceeds in specific bank accounts in the United States and in Mexico. Salinas-Garcia personally provided the names of more than 10 banks and accounts to which the dealer should make his deposits.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Shasta Interagency Narcotics Task Force. Assistant U.S. Attorney Amanda Beck prosecuted the case.
Co-defendants Fernando Acosta, 40, and Jesus Nunez-Meza, 24, both of Perris, pleaded guilty to conspiracy to distribute heroin and were each sentenced to three years and 10 months in prison. Co-defendant Ramon Herrera, 65, of Santa Ana, has pleaded guilty to the same charge and is expected to be sentenced on March 16, 2018.
Former Forest Service Employee and Firefighter Sentenced for Making False Statements in an Arson InvestigationRead the Press Release
SACRAMENTO, Calif. — Paul Leland Johnson, 28, of San Jose, was sentenced today to three years and five months in prison for two counts of making false statements to investigators, U.S. Attorney McGregor W. Scott announced.
On May 23, 2017, a jury found that Johnson made false statements that were material in a U.S. Forest Service investigation of a fire that burned Johnson’s Forest Service truck. Johnson, a former Forest Service recreation employee, had checked out his duty truck in February 2012 and driven to a remote location in the Eldorado National Forest. While it was at that location, the Forest Service truck burned in a vehicle fire that spread to the surrounding wild land. Following the fire, Johnson made several statements to law enforcement and arson investigators about his actions in relationship to the fire. At trial, evidence proved beyond a reasonable doubt that some of Johnson’s statements to investigators were willfully false.
This case was the product of an investigation by the United States Forest Service, the U.S. Department of Agriculture Office of Inspector General, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the California Department of Forestry and Fire Protection. Assistant U.S. Attorneys Audrey B. Hemesath and Michael D. Anderson prosecuted the case.
Six More Defendants Indicted in Multi-Agency Investigation into Coordinated Criminal Activity Centered in WoodlandRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned five indictments today against six additional defendants arrested as part of last week’s multi-agency coordinated series of searches and arrests throughout Northern California, U.S. Attorney McGregor W. Scott announced.
- Daisy Gonzalez, 32, of Termo in Lassen County, and Jose Trinidad Heredia Romero, a Mexican national, are charged with conspiracy to manufacture marijuana, the manufacture of marijuana, and possession with intent to distribute methamphetamine. Gonzalez is also charged with unlawful possession of a firearm.
- Asencion Jimenez, 38, of North Highlands, is charged with being a felon in possession of firearms.
- Stefanie Lavan, 65, Woodland, is charged with possession with intent to distribute methamphetamine.
- John Lemus, 31, of Woodland, is charged with being a felon in possession of a firearm;
- Carlos Martinez, 38, of Woodland, is charged with unlawful possession of a firearm, possession with intent to distribute cocaine, and possession of a firearm during and in furtherance of a drug-trafficking offense.
These new indictments arise from a multi-agency law enforcement investigation focused on Woodland, but which spread to multiple counties in Northern California and to two additional states. For more information, go to the website for the Eastern District of California.
If convicted, the defendants face statutory penalties of five to 40 years in prison for conspiracy to manufacture marijuana or the manufacture of marijuana and up to a $5 million fine; 10 years to life and up to a $10 million fine for possession with intent to distribute methamphetamine; up to 10 years in prison and a $250,000 fine for being a prohibited person in possession of a firearm; up to 20 years in prison and a $1 million fine for possession with intent to distribute cocaine, and up to five years in prison and a $250,000 fine for possession of firearms during and in furtherance of a drug trafficking crime. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is part of an Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program was established in 1982 to conduct comprehensive, multilevel attacks on major drug trafficking and money laundering organizations. The principal mission of the OCDETF program is to identify, disrupt, and dismantle the most serious drug trafficking and money laundering organizations and those primarily responsible for the nation’s drug supply.
This case is brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat gun and gang crime. At the core of PSN is increased federal prosecution to incapacitate chronic violent offenders as well as to communicate a credible deterrent threat to potential gun offenders.
These cases, and others unveiled in six indictments last week, are the product of an investigation by the FBI, California Department of Corrections and Rehabilitation (CDCR), Yolo County District Attorney, Woodland Police Department, and the California Highway Patrol. The following agencies provided substantial assistance: Colusa County Sheriff’s Office, Sacramento Police Department, Sacramento County Sheriff’s Office, West Sacramento Police Department, Yolo County Sheriff’s Office, Davis Police Department, Yuba City Police Department, Yuba County Sheriff’s Office, Sutter County Sheriff’s Office, Solano County Sheriff’s Office, Vacaville Police Department, the Correctional Intelligence Task Force (CITF), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the U.S. Postal Inspection Service, and the Drug Enforcement Administration (DEA). Assistant U.S. Attorneys Owen Roth and Justin L. Lee are prosecuting the cases.Sacramento Woman Sentenced to over 5 Years in Prison for a Scheme to Steal Mail Using Fraudulent Vacation Holds and Address Change FormsRead the Press Release
SACRAMENTO, Calif. — Latomba Bishop, 33 of Sacramento, was sentenced today to five years and 10 months in prison for a scheme to obtain mail through fraudulent vacation holds and mail forwarding requests and steal the identities of the mail theft victims, U.S. Attorney McGregor W. Scott announced. In addition, U.S. District Judge Troy L. Nunley ordered Bishop to pay $38,371 in restitution to the victims.
On November 30, 2017, Bishop pleaded guilty to mail fraud and aggravated identity theft in connection with the scheme.
According to court documents, Bishop and her co-defendants Joshua Yadon, 33, and Norman Thompson, 37, both of Sacramento, used stolen personal identifying information to fraudulently obtain credit cards, checks, and merchandise. To avoid detection, the conspirators would often request that the items be mailed to the victims’ real addresses but then would file false vacation holds and change of address forms with the United States Postal Service in order to divert the items into the conspirators’ possession.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated, “Postal Inspectors worked closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those individuals responsible for the thefts of mail and financial crimes committed against the public.”
Thompson pleaded guilty to the conspiracy and on October 5, 2017, was sentenced to three years and 10 months in prison. Yadon also pleaded guilty and is scheduled to be sentenced on April 12, 2018. Yadon 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. Postal Inspection Service with assistance from the Davis Police Department, Sacramento County Probation, and the Woodland Police Department. Assistant U.S. Attorney Jeremy J. Kelley is prosecuting the case.
Sacramento Man Indicted for Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a six-count indictment today against William Lamar Blessett, 38, of Sacramento, charging him with receipt and possession of child pornography, U.S. Attorney McGregor W. Scott announced.
According to court documents, a search of Blessett’s home revealed child pornography on at least six separate electronic devices, including a laptop, three smart phones, and two tablets.
This case was the product of an investigation 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. Attorney Amy Schuller Hitchcock is prosecuting the case.
If convicted, Blessett faces a minimum statutory penalty of 15 years in prison and a maximum penalty of 40 years in prison, as well as 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.
Physician Practicing in Grass Valley and Yuba City Sentenced to over 4 Years in Prison for Illegal Prescription PracticeRead the Press Release
SACRAMENTO, Calif. — A formerly licensed physician, Nicholas J. Capos Jr., 67, of Yuba City, was sentenced today by U.S. District Judge Morrison C. England Jr. to four years and four months in prison for selling prescriptions of controlled substances such as oxycodone and methadone, U.S. Attorney McGregor W. Scott announced.
“By prescribing medications to patients he never physically examined in amounts clearly intended for abuse and resale, Capos injected potent and potentially lethal drugs into the community, putting lives at risk,” said U.S. Attorney Scott. “The U.S. Attorney’s Office is committed to doing its part to combat the nation’s opioid crisis by devoting resources to cases like this and working with our law enforcement partners to end the unlawful distribution of these dangerous drugs.”
“The public should have confidence that practicing physicians will adhere to the do‑no‑harm principle. Nicholas Capos did just the opposite when he prescribed oxycodone without legitimate medical purpose and outside the usual course of practice. This type of reckless behavior provides fuel to the fire of the opioid epidemic plaguing our nation,” stated DEA Special Agent in Charge John J. Martin.
According to court documents, between April 3, 2008, and October 30, 2012, Capos, who was then a licensed physician with a specialty in cardiology, knowingly and intentionally prescribed controlled substances without properly examining the patients and ignoring obvious signs that the patients were abusing or reselling the medications. He prescribed quantities far in excess of human tolerance and charged patients a “DEA Fee” of $100 per prescription, which is contrary to accepted medical practice. He is no longer licensed to practice medicine.
On May 5, 2016, Capos pleaded guilty to distribution and dispensation of oxycodone. According to the plea agreement, Capos prescribed 2,640 APAP/Hydrocodone 325/10 pills in 28 days for one patient (325 mg acetaminophen and 10 mg hydrocodone). At that rate, the patient