Eastern District of California
Press releases recorded for this federal judicial district.
Lodi Man Indicted for Distributing Child PornographyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Jarod Perdichizzi, 29, of Lodi, charging him with distribution of child pornography, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Perdichizzi used the Kik messenger service to chat online about having sexual contact with a minor female. He then emailed photos of minors engaged in sexually explicit conduct to an undercover federal agent. After executing a federal search warrant at Perdichizzi’s residence, agents found a thumb drive containing hundreds of images of child pornography. Perdichizzi has been in custody since his arrest on July 28, 2016.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Special Assistant United States Attorney Josh F. Sigal is prosecuting the case.
If convicted, Perdichizzi faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The 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.
Three Indicted for Growing Marijuana on National Forest LandRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned two separate indictments today, charging marijuana cultivation in the Shasta-Trinity National Forest and the Lassen National Forest, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents in the first case, Clemente Lopez, 31, a Mexican national, was arrested by law enforcement officers on July 26, 2016, during a search of a marijuana-cultivation site in the Shasta-Trinity National Forest, near the town of Wildwood. The site contained over 9,800 marijuana plants. During the arrest, another suspect fled the scene after stabbing a Trinity County Sheriff’s Department K-9 in the neck. The K-9 survived.
This case is the product of an investigation by the U.S. Forest Service and the Trinity County Sheriff’s Department. Assistant U.S. Attorney James Conolly is prosecuting the case.
According to court documents in the second case, on July 25, 2016, Jose Madrigal, 67, and Cesar Mendoza-Madrigal, 44, were arrested at a marijuana cultivation site containing approximately 6,900 marijuana plants in the Lassen National Forest, near Judd Creek. In addition to the cultivation charges, both defendants were charged with committing depredation of federal land and resources.
This case is the product of an investigation by the U.S. Forest Service, the Department of Fish and Wildlife, the Tehama County Sheriff’s Office, and the Tehama Interagency Drug Enforcement task force. Assistant U.S. Attorney Owen Roth is prosecuting the case.
If convicted, the Lopez faces a maximum statutory penalty of 20 years in prison and a $1 million fine for each count. If convicted, Madrigal and Mendoza-Madrigal face a statutory maximum of five years in prison and a fine of up to $500,000 for the cultivation offenses and up to 10 years in prison and a fine of up to $250,000 for the depredation of public lands and resources offense. 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.
Cleveland Man Sentenced to 15 Years in Prison for Transporting Minors to California to Engage in Commercial Sex ActsRead the Press Release
SACRAMENTO, Calif. —Jarrail Lamont Smith, 24, of Cleveland, Ohio, was sentenced today by United States District Judge Troy L. Nunley to 15 years in prison on two counts of interstate transportation of a minor for the purpose of prostitution, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, in August 2015, Smith traveled from Cleveland to California with two minor victims with the expectation that they would engage in commercial sex acts with others for his benefit. Once they arrived in Northern California, he directed them to post advertisements for sexual services online. The investigation revealed multiple advertisements posted in the Bay Area and Sacramento that featured photographs of both victims. After receiving a tip that one of the minors was being trafficked at a motel in Sacramento, the FBI’s Child Exploitation Task Force initiated a sting operation to recover her. The operation was successful, and agents found the other minor victim in the same hotel room. One of the minors had two black eyes when the task force located her.
“Sex trafficking of minors is a horrendous crime, and we will not sit idle while criminals take advantage of our nation’s youth,” said FBI Assistant Special Agent in Charge Manuel Alvarez. “This case highlights the commitment of our FBI Child Exploitation Task Force partners to combat this crime problem.”
This case was the product of an investigation by the FBI’s Child Exploitation Task Force, which is made up of FBI agents and detectives from the Sacramento Police Department and Roseville Police Department. Assistant United States Attorneys Michele Beckwith and Nirav Desai 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
Roseville Woman Convicted of Mortgage Fraud Scheme Involving Falsified DocumentsRead the Press Release
SACRAMENTO, Calif. — After a four-day trial, a jury in Sacramento found a Roseville woman guilty today in a mortgage fraud scheme involving three properties, Acting U.S. Attorney Phillip A. Talbert announced.
Alla Samchuk, 45, was found guilty of six counts of bank fraud, six counts of making a false statement to a financial institution, one count of money laundering, and one count of aggravated identity theft. After the verdict, U.S. District Court Judge Garland E. Burrell Jr. ordered Samchuk taken into custody.
According to court documents, from 2006 through 2008, Samchuk, a licensed real estate salesperson, orchestrated a mortgage fraud scheme involving three properties in the Sacramento area using straw buyers. Two of the houses were purchased so that Samchuk herself could occupy them. She lacked the ability to qualify for a loan, so she instead recruited straw buyers to apply for the loans in their names. Samchuk caused the submission of loan applications containing false representations of income, employment, assets, and a false indication that the straw buyers would occupy the homes as their primary residence.
A second objective of the scheme was to obtain HELOC (home equity line of credit) funds. According to evidence at trial, on two of the properties, Samchuk diverted or attempted to divert HELOC funds to her own benefit. Samchuk caused the HELOC loans to fund by submitting false statements and documents to the lender regarding the qualifications of the straw buyers.
The scheme involved two properties in Roseville and one in El Dorado Hills. In 2007, Samchuk filed an application for a HELOC on one of the properties without the straw buyer’s knowledge or consent. To obtain the HELOC, she forged the signature of the straw buyer on a short form deed of trust that she caused to be notarized and recorded. The stated purpose of the HELOC was home improvement, but once the line of credit was funded, Samchuk quickly diverted all of the funds to her own use, spending the proceeds on a Lexus and the repayment of a substantial personal debt.
This case is the product of an investigation by the Federal Bureau of Investigation and the Internal Revenue Service-Criminal Investigation. Assistant U.S. Attorneys Audrey B. Hemesath and Andre M. Espinosa are prosecuting the case.
Sentencing is set for October 21, 2016. Samchuk faces a maximum of 30 years in prison for each count of bank fraud and false statements to a financial institution, 10 years in prison for money laundering, and two years in prison for aggravated identity theft. 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 Sentenced to More Than Two and A Half Years for Counterfeiting U.S. Currency and Possessing Unauthorized Access DevicesRead the Press Release
FRESNO, Calif. — Larry Landseadal, 45, of Clovis, was sentenced today by United States District Judge Lawrence J. O'Neill to more than two and a half years in prison for counterfeiting U.S. currency and possessing unauthorized access devices for use in identity theft, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Landseadal possessed the personal information of approximately 260 individuals, including their names, social security numbers, and other personal identifying information. Landseadal used the information to open credit card accounts in victims’ names and to purchase goods. Landseadal also unlawfully produced and possessed counterfeit U.S. currency in denominations up to $100.
This case is the product of an investigation by the United States Secret Service, the Clovis Police Department, and the Fresno Police Department. Assistant United States Attorney Henry Z. Carbajal III prosecuted the case.
Rancho Cordova Man Sentenced for Passport FraudRead the Press Release
SACRAMENTO, Calif. — Satnam Singh, 56, of Rancho Cordova, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to six months in prison, to be followed by three years of supervised release, and a $2,000 fine for making a false statement in an application for a United States passport, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, Singh immigrated to the United States from India in the 1980s and ultimately naturalized as a United States citizen in that identity in 1996. Meanwhile, in 1993, Singh filed a fraudulent application for asylum in the entirely fake identity of “Rupinder Singh,” and in 2012, he naturalized in that second, fake identity. He successfully applied for a U.S. passport for the false identity and traveled internationally using the Rupinder Singh passport at least twice in 2013. In his plea agreement, Singh admitted that he created the Rupinder Singh identity in order to avoid child support obligations.
This case was the product of an investigation by the U.S. State Department’s Diplomatic Security Service (DSS). Assistant U.S. Attorney Nirav Desai prosecuted the case.
“DSS will continue to aggressively protect our borders by safeguarding the integrity of our travel documents,” said David Zebley, Special Agent In-Charge of U.S. State Department’s Diplomatic Security Service, San Francisco Field Office. Diplomatic Security is firmly committed to working with the U.S. Attorney’s Office and other law enforcement agencies around the world to investigative allegations of passport and visa fraud and bring those who committed these crimes to justice.”
At today’s sentencing hearing, Judge Burrell said that this was a serious crime and the sentence was needed to promote respect for the law and provide a deterrent. Judge Burrell ordered Singh to surrender to serve his sentence on October 14, 2016.
Participant in Prison Tax Fraud Ring Sentenced to 21 Months in PrisonRead the Press Release
SACRAMENTO, Calif. — Judy Ruth Mullin, 27, of Nevada City, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 21 months in prison and ordered to pay $219,984 in restitution for her role in a conspiracy to defraud the United States with false claims for federal tax refunds, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, beginning in 2011, Mullin and six co-defendants operated a tax fraud scheme out of the California Correctional Center in Susanville. Four co‑defendants incarcerated at the correctional center obtained personal identification information of other inmates. This information was then provided to Mullin and other co‑defendants located outside the prison, who prepared and filed false income tax returns with the Internal Revenue Service, claiming refunds that they knew to be false and to which the inmates were not entitled. Mullin opened a bank account in which to deposit the fraudulently obtained refunds and transferred the wrongfully obtained refunds to the prison accounts of the incarcerated co-defendants. Mullin also personally received money in return for her participation in the scheme.
In all, the conspiracy resulted in at least 247 false claims for income tax returns in tax years 2008 through 2011. Although the IRS stopped some of these refunds, approximately 138 fraudulent refunds totaling approximately $219,984 were issued.
“Ms. Mullin and her co-defendants attempted to steal hundreds of thousands of dollars from the government by filing income tax returns claiming refunds to which the inmates were not entitled,” said Special Agent in Charge Michael T. Batdorf, IRS Criminal Investigation. “Ms. Mullin then transferred the false refunds to the prison accounts of the incarcerated co-defendants. The object of these schemes is to defraud the government and the American taxpaying public. IRS-CI will continue to identify and investigate those involved in these types of schemes.”
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation, the Federal Bureau of Investigation, and the Investigative Services Unit at the California Correctional Center. Assistant United States Attorney Amy Schuller Hitchcock is prosecuting the case.
On July 8, 2015, Edwin Ludwig the IV was sentenced to seven years in prison for his role in the scheme. Two other co-defendants have pleaded guilty and are set for sentencing in August 2016. The charges against the remaining three co-defendants are pending. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Mexican Nationals Indicted for Cultivating Marijuana in the Sierra National Forest and the Sequoia National ParkRead the Press Release
FRESNO, Calif. — On Thursday, a federal grand jury in Fresno returned two indictments, charging five Mexican nationals with separate conspiracies to grow marijuana in national forest land, Acting United States Attorney Phillip A. Talbert announced.
In the first indictment, a federal grand jury charged Merced County residents David Villa Corrales, 34; Teodoro Anaya Garcia, 30; and Gerardo Anaya Garcia, 34, with conspiring to cultivate, distribute and possess with intent to distribute marijuana, cultivating marijuana, and damaging public lands and natural resources. According to court documents, the defendants were linked to the cultivation sites after a six-month investigation into a large‑scale cultivation operation in the Carter Creek and Chowchilla Mountain areas of the Sierra National Forest in Madera and Mariposa Counties. The defendants were supplying material, equipment, and personnel to the grow sites, which consisted of approximately 10,000 plants. The marijuana cultivation operation caused extensive damage to the land and natural resources.
This case is the product of an investigation by the United States Forest Service, the Bureau of Land Management, the California Highway Patrol, the California Department of Fish and Wildlife, the California Department of Justice’s CAMP, the California Air National Guard, the Mariposa County Sheriff’s Department, the Madera County Sheriff’s Department, the Merced County Sheriff’s Department, and the Merced County Narcotics Task Force.
In the second indictment, a federal grand jury charged Cutler residents Domingo Aquino Altamirano, 27, and Isis Ali Maldonado-Salinas, 23, with conspiring to cultivate, distribute and possess with intent to distribute marijuana, cultivating marijuana, and damaging public lands and natural resources. According to court documents, the defendants participate in growing over 1,700 marijuana plants within Sequoia National Park on the eastern slopes of Shepherd Peak. They were arrested on Sunday July 17, 2016. This case is the product of an investigation by the Sequoia National Park.
Assistant United States Attorneys Kevin P. Rooney and Daniel J. Griffin are prosecuting the cases.
If convicted of the most serious drug offenses, David Corrales and Teodoro Anaya Garcia face a mandatory minimum statutory penalty of five years, a maximum of 40 years in prison and a $5 million fine, and Gerardo Anaya Garcia faces a maximum statutory penalty of 20 years in prison and a $1 million fine. If convicted of the drug offenses, Altamirano and Maldonado-Salinas face a maximum statutory penalty of 20 years in prison and a $1 million fine. The environmental crime carries a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Kern County Man Arrested for Methamphetamine TraffickingRead the Press Release
BAKERSFIELD, Calif. — A federal grand jury returned a one-count indictment Thursday against Jose Soto, 35, of Lamont, charging him with possession with intent to distribute methamphetamine, Acting United States Attorney Phillip A. Talbert announced. Soto was arrested today at his home on those charges.
According to court documents, on May 5, 2016, Soto possessed over 50 grams of actual methamphetamine and over 500 grams of a mixture and substance containing a detectable amount of methamphetamine, which he possessed for sale at his residence in Lamont.
This case was the product of an investigation by the Drug Enforcement Administration and the Kern County Probation Department. Assistant United States Attorney Angela Scott is prosecuting the case.
If convicted, Soto faces a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Elk Grove Man Sentenced to Federal Prison for Identity TheftRead the Press Release
SACRAMENTO, Calif. —Joseph Daniel Ryan, 21, of Elk Grove, was sentenced today to two years and eight months in prison for bank fraud and aggravated identity theft in the execution of a fraud scheme, Acting United States Attorney Phillip A. Talbert announced.
Ryan is the last of three defendants to be sentenced for this scheme that used stolen identities of Elk Grove postal customers to apply for debit and credit cards and obtain cash, goods, and services. Ryan pleaded guilty to the charges on March 11, 2016.
According to court documents, between October 1, 2014, and February 12, 2015, Ryan and Elk Grove residents Leonard A. Velasco, 24, and Keri Southwood, 22, were involved in a scheme to steal U.S. mail by damaging or destroying U.S. letter boxes and neighborhood cluster boxes. The defendants used the stolen mail to gather financial and personal identification information for purposes of fraud.
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 thefts of mail, postal property and complex financial crimes committed against the public and the Post Office.”
Robert M. Lehner, Chief of Police for the City of Elk Grove stated: “We would like to thank the US Postal Inspectors’ Office, and the US Attorney's Office, for vigorously prosecuting the individuals involved in the mail theft cases from Elk Grove. Hopefully, the arrests and sentencing of these three suspects will send a clear message to others that these types of crimes will not be tolerated in our community.”
According to court documents, Ryan and his co-defendants possessed stolen U.S. mail of over 1,000 victims and over 30 credit cards in victims’ names. As a result of the destruction of postal receptacles, customers suffered the loss of mail and mail services and the Postal Service suffered loss as well.
All three defendants pleaded guilty. On March 18, 2016, Velasco was sentenced to two years and six months in prison. On August 25, 2015, Southwood was also sentenced to two years and six months in prison. Each defendant was ordered to pay full restitution to all victims, including $6,526 to the U.S. Postal Service for repairs to U.S. Postal Service receptacles.
This case was the product of an investigation by the United States Postal Inspection Service and the Elk Grove Police Department with assistance from the United States Postal Inspection Service’s Narcotic and Economic Crimes Investigations Task Force (NECI). NECI is a partnership between local and federal law enforcement to combat theft and unlawful use of the U.S. Mail. The Placer County District Attorney’s Office and Sutter County Sheriff’s Office have each dedicated law enforcement personnel to the task force. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Citrus Heights Man Sentenced to 30 Years in Prison for Child ExploitationRead the Press Release
SACRAMENTO, Calif. — Jason S. Wymer, 44, of Citrus Heights, was sentenced today by U.S. District Judge Garland E. Burrell Jr. to 30 years in prison, to be followed by 25 years of supervised release for sexual exploitation of children, Acting U.S. Attorney Phillip A. Talbert announced.
On June 24, 2016, co-defendant Stormy M. Avers, 36, of Placerville, was sentenced on to 20 years in prison for sexual exploitation of children.
According to court documents, the case began when a parent accidentally texted a photo of her eight-year-old to a wrong number who turned out to be Wymer. Thinking he received the picture from a child, Wymer responded and began a dialog. The parent brought the cellphone to the FBI, and an undercover employee, pretending to be an eight-year-old child, continued the dialog with Wymer, whom investigators were subsequently able to locate.
Upon his arrest, law enforcement found photos of Wymer and Avers molesting a child, who was approximately three years old, in order to create child pornography. Avers had custody and control of the child at the time. On April 8, 2016, in his plea agreement, Wymer admitted to this conduct, and also to a separate instance of sexual exploitation of a four-year-old child in August of 2011. On March 25, 2016, Avers pleaded guilty to sexual exploitation of children.
“This case highlights the power of concerned citizens,” said Assistant Special Agent in Charge Manuel Alvarez of the Federal Bureau of Investigation Sacramento field office. “By immediately contacting the FBI, a parent provided valuable information that ultimately led to the identification of three individuals who abused toddlers to produce child pornography. We encourage the public to preserve any communication with a suspected predator and immediately reach out to law enforcement for help. Doing so protects your child and may stop sexual abuse of other children.”
A third defendant, Jolene Davis, 40, of Stockton, is charged with having participated with Wymer in the sexual exploitation of a child of whom she had control or custody. Davis is scheduled to appear for a status conference before Judge Burrell on August 12, 2016. The charges against Davis are only allegations; she is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Federal Bureau of Investigation and the Sacramento Internet Crimes against Children (ICAC) Task Force. ICAC is 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 United States Attorney Matthew G. Morris prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
Two Indicted for Growing Marijuana on National Forest Land in Shasta and Siskiyou CountiesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned two indictments today, charging two residents of Mexico with separate conspiracies to grow marijuana in national forest land, Acting United States Attorney Phillip A. Talbert announced.
In a two-count indictment, Antonio Guadalupe Lopez-Garcia, 57, was charged with conspiracy to cultivate marijuana and cultivating marijuana. According to court documents, on July 11, 2016, Lopez-Garcia was arrested while working at a marijuana cultivation site growing approximately 8,000 plants in the Shasta-Trinity National Forest near Screwdriver Creek. This case is the product of an investigation by the U.S. Forest Service, the California Department of Fish & Wildlife, and the Shasta County Sheriff’s Office. #2:16-cr-143 GEB
In a separate two-count indictment, Pedro Madriz Rodrigues, 25, was charged with conspiracy to cultivate marijuana and cultivating marijuana. According to court documents, on July 15, 2016, Rodrigues was arrested at a marijuana cultivation site in Klamath National Forest in Siskiyou County near Cody Creek. The site contained approximately 6,700 plants. This case is the product of an investigation by the U.S. Forest Service, the California Department of Fish & Wildlife, and the North State Marijuana Investigation Taskforce.
2:16-cr-144 MCEBoth defendants are in custody. Assistant United States Attorney James Conolly is prosecuting both cases.
If convicted, each defendant faces a maximum statutory penalty of 20 years in prison and a $1 million fine for each count. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Siskiyou County Woman Sentenced to 2 years in Prison for Aggravated Identity TheftRead the Press Release
SACRAMENTO, Calif. — U.S. District Court Judge Troy L. Nunley sentenced Stacy Miranda Phillips, 29, of Montague, today to two years in prison and ordered her to pay $2,163 in restitution to the U.S. Postal Service for aggravated ID theft related to her participation in a bank fraud and identity theft scheme, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between September and December of 2015, Phillips worked with others in Siskiyou County to execute a scheme to steal from banks and merchants in the Siskiyou County. Phillips admitted that as part of her scheme she stole U.S. Mail and other personal property of local residents. Phillips and her associates targeted certain victims, postal customers, and mail receptacles utilized by those victims. Phillips used the checks, credit or debit cards, account numbers, names, PINs, and signatures found in the stolen mail to obtain cash and purchase items. Phillips also attempted to open a line of credit in the name of a Weed, California victim. Phillips stole mail from the following Siskiyou County Post Offices: Hornbrook, Grenada, and Montague.
This case was the product of an investigation by the United States Postal Inspection Service, the Siskiyou County Sheriff's Department, and the Yreka Police Department. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Seventeen Indicted for Firearms and Drug Trafficking Following Multiagency Sweep in FresnoRead the Press Release
FRESNO, Calif. — Three related indictments were returned today charging 17 Fresno residents with firearms and drug trafficking offenses, Acting U.S. Attorney Phillip A. Talbert announced.
On July 19, 2016, after a yearlong investigation, law enforcement agents served over 20 search warrants in the Fresno area and arrested the majority of the defendants indicted today. During the searches, agents seized approximately $42,500 in cash.
According to the first indictment, between February 1, 2016, and July 21, 2016, Christopher Martinez Sr., 45; Randy Seja, 24; Felix Gago, 40; and Christopher Martinez Jr., 23, conspired to distribute and possess with intent to distribute methamphetamine.
In the second indictment, Gilberto Zarate, 34; Jorge Calestino Alvarez-Arias, 27; Marco Mosqueda, 27; Frances Reyna, 55; Gabriel Galvan, 27; Rafael Delatorre, 32; Jose Delatorre, 22; Alfonso Esparza, 38; and Gabriel Esparza, 37 were charged with conspiracy to distribute and possess with intent to distribute methamphetamine, possession with intent to distribute methamphetamine, and distribution of a methamphetamine. Zarate and Alfonso Esparza, and Gabriel Esparza are additionally charged with being felons in possession of firearms. According to the indictment, the conspiracy ran between April 1, 2015, and July 22, 2016.
The third indictment adds defendant Cecilio Alaniz, 26, and Christopher Valdez, 35, to an indictment that originally charged Jesse Mendoza, 36, and Roxana Dodier, 23. Today’s second superseding indictment charges the four defendants with conspiracy to distribute and possess with intent to distribute methamphetamine, and distribution of and possession with intent to distribute methamphetamine. Mendoza is additionally charged with dealing firearms without a license, possessing and selling stolen firearms, and distribution and possession with the intent to distribute hydrocodone and heroin.
These cases are the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the Drug Enforcement Administration, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) , the Federal Bureau of Investigation, the U.S. Marshals Service, the Fresno Police Department, the Fresno County Sheriff’s Office, the Mult-Agency Gang Enforcement Consortium (MAGEC), the California Highway Patrol, the California Department of Corrections and Rehabilitation- Division of Adult Parole, the Fresno County Probation, and the Fresno County District Attorney’s Office. Assistant United States Attorneys Melanie L. Alsworth and Kimberly A. Sanchez are prosecuting the cases.
The cases were 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.
If convicted, the defendants face sentences ranging from four years to life in prison and fines of up to $10 million. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Two other defendants have been charged in connection with this investigation. On December 3, 2015, Spencer Meindersee was indicted for conspiracy to commit murder in aid of racketeering and carrying a firearm during and in relation to a crime of violence. He is awaiting trial. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt. On July 18, 2016, Mariano Polanco was sentenced to three years and five months in prison for being a felon in possession of a firearm.
This investigation is 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.
Granite Bay Plaintiff’s Attorney Indicted for Tax OffensesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Stephen J. Dougan Esq., 57, of Granite Bay, charging him with two counts of assisting in the preparation of a false tax document and corruptly endeavoring to impede the due administration of the Internal Revenue Laws, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Dougan substantially underreported his income to his tax preparers in 2006 and 2007 and claimed certain business expenses to which he was not entitled, all to reduce his tax burden in those years. During an Internal Revenue Service audit of his 2006 tax return, Dougan provided his audit representatives with documents that underrepresented his gross income in 2006 in order to substantiate certain entries on his Schedule C for that year.
This case is the product of an investigation by the Internal Revenue Service-Criminal Investigation. Assistant United States Attorneys Michael M. Beckwith and Matthew M. Yelovich are prosecuting the case.
If convicted, Dougan faces a maximum statutory penalty of three years in prison and a fine of up to $100,000, or twice the value of the gross gain or loss from the tax violation, for each count of conviction. 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.
Three Bakersfield Brothers Charged with Manufacturing and Distributing Synthetic CannabinoidsRead the Press Release
FRESNO, Calif. — Three brothers were arrested last Friday, charged with manufacturing and distributing synthetic cannabinoids (or spice), conspiracy, and maintaining a drug-involved premise, Acting United States Attorney Phillip Talbert announced.
On Thursday, July 21, 2016, a federal grand jury returned a four-count indictment against Yousef Aezah, 27, Adhim Aezah, 22, and Dirar Aezah, 18, all of Bakersfield. All three were arraigned on Friday after their arrest before U.S. Magistrate Judge Jennifer L. Thurston in Bakersfield and entered pleas of not guilty.
According to court documents, the Aezahs operated a website, through which they distributed large quantities of synthetic cannabinoids, including AB-CHMINACA, a Schedule I controlled substance. The Aezahs manufactured the synthetic cannabinoids at a warehouse in Bakersfield and shipped the synthetic cannabinoids using U.S. Mail to customers across the country. Law enforcement executed search warrants at the manufacturing laboratory and residences of the defendants. They seized more than $300,000 in cash from the residences and seized approximately $949,000 from a bank account controlled by Yousef Aezah.
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.
If convicted, the defendants face maximum statutory penalty of 20 years in prison and a $1 million fine for manufacturing and distributing a controlled substance, and conspiracy; and 20 years in prison and a $500,000 fine for maintaining a drug-involved premise. 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.
Bakersfield Man Sentenced to over 7 Years in Prison for Being a Felon in Possession of a FirearmRead the Press Release
FRESNO, Calif. — Jorge Chavez, 30, of Bakersfield, was sentenced today by United States District Judge Dale A. Drozd to seven years and eight months in prison for being a felon in possession of a firearm and ammunition, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, when officers encountered him in 2012, Chavez had a Glock, Model 23, .40-caliber semi-automatic pistol in his possession. Prior to his arrest, he had been convicted in 2005 and 2007 in Kern County Superior Court of drug trafficking felonies.
This case was the product of an investigation by the Federal Bureau of Investigation and the Bakersfield Police Department. Assistant United States Attorney Melanie L. Alsworth prosecuted the case.
Jury Convicts Former Bakersfield Marijuana Store OwnerRead the Press Release
FRESNO, Calif. — After a four–day trial, a federal jury found Raymond Arthur Gentile, 55, currently a resident of Las Vegas, Nevada, guilty today of conspiring to manufacture, distribute and possess with intent to distribute marijuana, manufacturing marijuana, possessing marijuana with intent to distribute, and two counts of making false statements during firearms transactions, Acting United States Attorney Phillip A. Talbert announced. The trial was held before United States District Judge Dale A. Drozd.
According to evidence presented at trial, Gentile was the owner and operator of ANP, a marijuana storefront, in Bakersfield. During the execution of a federal search warrant, agents seized 170 marijuana plants, over 24 pounds of processed marijuana, over $68,000 in cash, and a shotgun. The testimony at trial established that Gentile made $25,000 to $30,000 a month in gross proceeds. Agents found the marijuana plants growing in two separate grow rooms within the store and sales receipts indicated 40 to 50 sales to customers each day. In addition, the evidence showed that Gentile made false statements on a Firearms Transaction Record, ATF Form 4473, in order to purchase two Glock firearms. One of the firearms was seized from ANP during the investigation of this case.
This case is the product of an investigation by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the California Highway Patrol, and the Bakersfield Police Department. Assistant United States Attorneys Karen A. Escobar and Melanie L. Alsworth are prosecuting the case.
After the jury returned its verdict, Gentile was taken into custody by the U.S. Marshal Service. He is scheduled to be sentenced by Judge Drozd on October 17, 2016. Gentile faces a mandatory minimum statutory penalty of five years in prison, a maximum statutory penalty of 40 years in prison and a $5 million fine, as to each of the three drug counts. He faces a maximum statutory penalty of five years and a $250,000 fine for each of the false statement convictions. 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.
Four Indicted for Marijuana Cultivation Operations in Sequoia National ForestRead the Press Release
FRESNO, Calif. — A federal grand jury returned a four-count indictment on Thursday against four individuals for their involvement in large-scale marijuana cultivation operations on National Forest land, Acting U.S. Attorney Phillip A. Talbert announced.
The indictment charges the following individuals with conspiring to cultivate marijuana at two sites in Kern County in the Sequoia National Forest: Sair Eduardo Maldonado-Soto, 21, Coral Herrera, 19, both of Perris; Abel Toledo-Villa, 34, of Michoacán, Mexico; and Alfredo Cardenas-Suastegui, 55, of Mexico, residing in Parlier. The defendants were also charged with damaging public land and natural resources as a result of the marijuana cultivation activities.
According to court documents, between March 1, 2016, and July 8, 2016, the defendants were involved with marijuana grow sites in the Lucas Creek drainage and an area known as the Box 6 site. The investigation revealed Maldonado-Soto and Herrera were supplying material, equipment, and personnel to the grow sites, which consisted of over 10,000 marijuana plants, and that they were also responsible for transporting Toledo-Villa and Cardenas-Suastegui away from the Box 6 grow site after it was raided. The marijuana cultivation operations caused extensive damage to the land and natural resources. Harmful pesticides and large amounts of trash were found at both sites. Native trees and vegetation were also removed to make room for the marijuana plants.
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 United States Attorney Karen Escobar is prosecuting the case.
The defendants are scheduled for arraignment on the indictment on July 25 in federal court in Fresno. If convicted of counts one and two, Maldonado-Soto, Toledo-Villa, and Cardenas-Suastegui face a mandatory minimum statutory penalty of five years in prison, a maximum of 40 years in prison, and a $5 million fine. Herrera faces a maximum prison term of 20 years and a $1 million fine. If convicted of the environmental crime, the defendants face a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Butte County Company to Pay $1.5 Million Following Investigation Regarding Immigration ViolationsRead the Press Release
SACRAMENTO, Calif. – Mary’s Gone Crackers Inc., a natural food company based in Gridley, has agreed to pay $1.5 million and to establish a corporate compliance program under a nonprosecution agreement reached with the United States Attorney’s Office for the Eastern District of California following an investigation into potential criminal violations of federal immigration laws, Acting United States Attorney Phillip A. Talbert announced.
According to the agreement, in March 2012, Immigration and Customs Enforcement audited Mary’s Gone Crackers’ I-9 immigration forms for its employees. Later, in May 2012, ICE notified Mary’s Gone Crackers that 49 of its employees appeared not to be authorized to work in the United States. After one employee provided corrected documentation, Mary’s Gone Crackers informed ICE that the other 48 had all resigned or been terminated. However, within less than a month, Mary’s Gone Crackers rehired at least 13 employees that it claimed had been terminated or resigned, all of them under new names. One of those 13, an operations supervisor, never stopped working for Mary’s Gone Crackers at all, but instead continued to work under a new assumed name and received payment as an independent contractor, rather than through the company’s ordinary payroll. Several other Mary’s Gone Crackers employees knew that the operations supervisor was not eligible to work in the United States. When a search warrant was executed at the company’s Gridley facility in January 2013 by federal law enforcement, at least 12 of the 13 rehired individuals were still working at Mary’s Gone Crackers.
"Protecting the integrity of the nation's immigration system is a top priority for HSI," said Ryan L. Spradlin, special agent in charge for HSI San Francisco. "Our agents are determined to hold those who choose to defraud the system accountable in order to reduce the demand for illegal employment and protect employment opportunities for the nation’s lawful workforce."
As further described in the agreement, during the course of the I-9 audit and its rehiring of individuals, Mary’s Gone Crackers had at times consulted with an outside counsel from the Chico area. After the search warrant, Mary’s Gone Crackers cooperated with the government’s investigation and took remedial measures, including terminating employees, stopping use of the outside counsel involved, and taking various steps to ensure compliance with immigration laws and I-9 regulations, including use of E-Verify and the Social Security Verification Service. The company also established an anonymous tip line so that employees can report any potential I-9 issues. The nonprosecution agreement requires Mary’s Gone Crackers to establish a corporate compliance program covering its I-9 procedures and its use of the E‑Verify system, and requires timely and complete disclosure of violations of immigration laws or regulations within 24 hours of discovery. It also requires Mary’s Gone Crackers to provide corporate compliance reporting to the United States Attorney’s Office for two years. No federal criminal charges will be brought against Mary’s Gone Crackers for the investigated conduct if the company complies with the terms of the nonprosecution agreement. The agreement is only between the government and the company Mary’s Gone Crackers, and does not pertain to specific individuals.
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). The government was represented by Assistant United States Attorney Christopher S. Hales.
Sacramento Man Indicted for Transmitting Online Threats to Blizzard Entertainment, a Video-Game CompanyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned an indictment today against Stephen Cebula, 28, of Sacramento, charging him with making threats to injure employees of the video-game company Blizzard Entertainment Inc., Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between July 2, 2016, and July 3, 2016, Cebula transmitted messages over the internet to Blizzard Entertainment, in which he stated that he “may or may not pay [Blizzard] a visit with an AK47 amongst some other ‘fun’ tools,” and “might be inclined to ‘cause a disturbance’ at [Blizzard’s] headquarters in California with an AK47 and a few other ‘opportunistic tools.’” Cebula was arrested on July 12, 2016, and is in custody. He is scheduled to be arraigned July 26, 2016.
This case is the product of an investigation by the Federal Bureau of Investigation. Assistant United States Attorneys Heiko P. Coppola and Owen Roth are prosecuting the case.
If convicted, Cebula faces a maximum statutory penalty of five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Fresno Woman Charged with Embezzling more than $1 Million from Food Distribution CompanyRead the Press Release
FRESNO, Calif. — A federal grand jury returned an 11-count indictment today against Leslie Michelle Hays, 49, of Fresno, charging her with wire fraud for embezzling over $1 million from her employer, Acting United States Attorney Phillip Talbert announced.
According to court documents, Hays was the director of human resources at Borges USA, a food distribution company based in Spain with regional headquarters in Fresno. Between February 2005 and April 2014 when she was terminated, Hays embezzled funds from Borges USA by misreporting her salary, expenses, and vacation time. Based on the false payroll information, the company’s payroll processor made wire transmissions via direct deposit into Hays’ bank account. In total, Hays stole more than $800,000 in inflated salary payments and $400,000 in false expenses reimbursements and vacation pay.
This case was the product of an investigation by the Federal Bureau of Investigation and the Fresno Police Department. Assistant United States Attorney Grant B. Rabenn is prosecuting the case.
If convicted, Hays faces a maximum statutory penalty of twenty 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.
Previously Deported Mexican National Sentenced for Passport FraudRead the Press Release
SACRAMENTO, Calif. — Leonardo Cesar Pulido-Escamilla, 39, a Mexican national who has resided in Yuba City, Citrus Heights, Lincoln, and other cities in California, was sentenced today by United States District Judge Kimberly J. Mueller to approximately four months in prison for making a false statement in an application for a United States Passport, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Pulido-Escamilla fraudulently applied for a U.S. Passport in 2012, using another person’s name and birth certificate in connection with the application. Pulido-Escamilla was previously deported from the United States in 1997 and 2004, and on March 20, 2016, he was apprehended by border patrol agents in Arizona.
This case was the product of an investigation by the U.S. Department of State’s Diplomatic Security Service. Assistant United States Attorney Nirav Desai is prosecuted the case.
Arrest in Sacramento-Area Fentanyl InvestigationRead the Press Release
SACRAMENTO, Calif. — A Sacramento woman was arrested today after a federal grand jury returned a three-count indictment on Thursday, July 14, 2016, charging her with possession with intent to distribute hydrocodone and fentanyl, distribution of hydrocodone and fentanyl, and using a cellphone to facilitate a drug trafficking offense, Acting United States Attorney Phillip A. Talbert and Drug Enforcement Administration Special Agent in Charge John J. Martin announced.
According to the indictment, between June 18, 2015, and March 27, 2016, Mildred Dossman, 50, distributed hydrocodone and fentanyl in Sacramento County. Dossman was arrested at her home today and was arraigned today by U.S. Magistrate Judge Kendall J. Newman.
This case is the product of an investigation by the Drug Enforcement Administration with assistance from the Sacramento County Coroner’s Office, the Sacramento County Sheriff’s Office, the Sacramento Police Department, and the El Dorado County Sheriff’s Office. Assistant United States Attorney Paul Hemesath is prosecuting the case.
If convicted, Dossman faces a maximum statutory penalty of 20 years in prison and a $1 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The investigation continues into fentanyl and hydrocodone distribution in the greater Sacramento Area. The DEA has established a tip line, and callers can remain anonymous. Anyone with information relating to this investigation is encouraged to call the tip line at 530-722-7577.
Florida Man Sentenced to 5 Years in Federal Prison for Structuring Drug MoneyRead the Press Release
FRESNO, Calif. — Peter Santo Capodieci, 25, of Crystal River, Florida, was sentenced today by United States District Judge Lawrence J. O’Neill to five years in prison for conspiring to structure cash transactions, Acting United States Attorney Phillip Talbert announced.
According to court documents and testimony, Capodieci and co-conspirators operated a drug trafficking organization that shipped millions of dollars in marijuana from California to Florida and other states. To move the proceeds of that marijuana distribution back to California, Capodieci and co-conspirators opened and maintained bank accounts at several national banks. More than $7.5 million in cash proceeds from the drug distribution was deposited into and withdrawn from those accounts. Most of those cash transactions were carried out in amounts of $10,000 or less to prevent the banks from filing Currency Transaction Reports on the transactions. Capodieci’s bank accounts were used to deposit and withdraw more than $2.5 million in cash, all of which consisted of proceeds from marijuana trafficking.
This case is being brought as part of Operation Footprint, a nationwide law enforcement initiative led by the U.S. Attorney’s Offices, the Internal Revenue Service Criminal Investigation, the Drug Enforcement Administration, and the United States Postal Inspection Service. Operation Footprint targets large drug trafficking organizations by identifying the transfer of drug proceeds through financial institutions, bulk cash smuggling, and other forms of money transfers. Operation Footprint is focused on bringing criminal charges based on Bank Secrecy Act violations in addition to violations of the Controlled Substances Act and the Money Laundering Control Act.
This case is also the product of the Organized Crime Drug Enforcement Task Force (OCDETF), a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies. Assistant U.S. Attorney Grant B. Rabenn is prosecuting the case.
Co-defendant Chad Riffle was sentenced to five years imprisonment; co-defendant Jeremy Murphy was sentenced to fifteen months imprisonment; co-defendants Miguel Gonzalez, Bree Benson, and Brandon Thomas have pleaded guilty to conspiring to structure financial transactions and are awaiting sentencing. Co-defendant Ashley Starling Thomas was convicted on multiple counts of money laundering and structuring following a three-day trial and is scheduled to be sentenced August 29, 2016.
Thirty-Pound Methamphetamine Drug Bust in Tulare County Results in Federal Conspiracy Charges Against Five IndividualsRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against five individuals for conspiring to distribute and possess with the intent to distribute methamphetamine, Acting United States Attorney Phillip A. Talbert announced.
Alfonso Rios-Ayon, 43, of Pixley; Sergio Ortega-Maldonado, 45, a Mexican national; Daniel Rios, 32, of Riverside; Ceferino Arjona-Elston, 32, a Mexican National; and Ezequiel Perez-Martinez, 31, a Mexican national, are charged with conspiracy to distribute and possess methamphetamine with the intent to distribute.
According to court documents, on June 29, 2016, law enforcement agents conducted a controlled purchase of approximately 30 pounds of crystal methamphetamine at a ranch in Pixley where Rios-Ayon lived. In the course of the operation agents arrested the all of the defendants except Ortega-Maldonado. Law enforcement officers also executed a federal search warrant at the residence and seized approximately 30 pounds of crystal methamphetamine, three firearms, multiple magazines and ammunition and approximately $12,000 in United States currency.
This case is the product of an investigation by the Drug Enforcement Administration, the Kern County Sheriff’s Office, the Tulare County Sheriff’s Office, the Southern Tri-County Task Force of the Central Valley High Intensity Drug Trafficking Area (HIDTA), the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the California Department of Motor Vehicles Investigations, the Kern County Probation Department, and the California Highway Patrol. Assistant United States Attorney Brian K. Delaney is prosecuting the case.
If convicted, Rios-Ayon, Ortega-Maldonado, and Rios face a maximum statutory penalty of life in prison and a $10 million fine. If convicted, Arjona-Elston and Perez‑Martinez face a maximum statutory penalty of 20 years 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 Sentenced to 8 Years in Prison for Child Exploitation OffenseRead the Press Release
SACRAMENTO, Calif. — Dean Lynn Christiansen, 70, of Sacramento, was sentenced today to eight years and one month in prison, to be followed by five years of supervised release, for receiving child pornography, Acting United States Attorney Phillip A. Talbert announced. U.S. District Judge Morrison C. England Jr. also ordered Christiansen to pay a $17,500 fine.
According to court documents, between October 14, 2010 and October 17, 2012, Christiansen used a peer-to-peer file-sharing network to search for and collect more than 790 files containing pictures and videos that depicted the sexual exploitation of children. A search warrant executed at Christiansen’s home revealed that, at various times, many of those images and videos were made available to others over the internet. The images and videos Christiansen possessed involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of prepubescent minors under 12 years old. On September 24, 2015, Christiansen pleaded guilty to one count of receiving child pornography.
This case was the product of an investigation by the Federal Bureau of Investigation and the Sacramento County Sheriff’s Office, Internet Crimes Against Children Task Force. Assistant United States Attorney André M. Espinosa 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.
Stockton Woman Pleads Guilty in Phony Tax Return SchemeRead the Press Release
FRESNO, Calif. — Vivian Marie Williams, 51, of Stockton, pleaded guilty today to a conspiracy to submit false claims for income tax refunds and to identity theft, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, Williams was a tax preparer who operated out of her home in Stockton, using the business name Williams Financial Service. Between January 2010 and March 2011, Williams submitted tax returns for both legitimate clients and in the names of victims of identity theft. The tax returns for legitimate clients reported inflated business and wage income, which allowed the taxpayers to claim a higher tax refund as a result of the Earned Income Tax Credit and the Child Tax Credit. The tax returns for victims of identity theft were submitted without the knowledge of the taxpayers, and allowed Williams to collect tax refunds on their behalf. During the scheme, Williams admitted she submitted at least $61,531 in false claims to the IRS.
Co-defendant Darrell Lemont Morris, 45, of Stockton, allegedly conspired with Williams and allowed her to use his bank accounts for the deposit of tax refunds of victims of identity theft, and then shared in the proceeds with Williams. The case against Morris is still pending. He is scheduled for a status conference on July 25, 2016, at 1:00 PM before U.S. Magistrate Judge Barbara A. McAuliffe. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorney Mark J. McKeon is prosecuting the case.
Williams is scheduled to be sentenced by United States District Judge Dale A. Drozd on October 17, 2016. Williams faces a maximum statutory penalty of 10 years in prison and a $250,000 fine for the conspiracy; and 15 years in prison and a $250,000 fine for identity theft. 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.
Sentence and Guilty Plea in Marijuana Cultivation Conspiracy in Sierra National ForestRead the Press Release
FRESNO, Calif. — One defendant was sentenced and one pleaded guilty today to conspiring to cultivate marijuana in the Sierra National Forest in Madera County with the intent to distribute, Acting United States Attorney Phillip A. Talbert announced.
Francisco Javier Gomez-Rodriguez, 38, of Pihuamo, Jalisco, Mexico, was sentenced today by United States District Judge Lawrence J. O'Neill to three years and five months in prison and ordered to pay $8,750 in restitution to the U.S. Forest Service.
Alejandro Ramirez-Rojo, 31, of Mexico, pleaded guilty to conspiring to grow marijuana with the intent to distribute. Sentencing is scheduled for September 26, 2016.
According to court documents, between March 1, 2015, and August 4, 2015, in the Saginaw Creek area of the Sierra National Forest, co-defendant Humberto Ceballos-Rangel, 37, of Mexico, was found at a campsite within the marijuana cultivation site where agents found 5,904 marijuana plants and a loaded firearm. Gomez-Rodriguez and two other co-defendants, Ramirez‑Rojo and Anthony Isaac Santibanez, 20, of Woodlake, California, were found a short time later approaching the grow site in a vehicle used for delivering supplies to the grow site. A .22-caliber rifle was found in the vehicle, along with .40-caliber rounds of ammunition. Judge O’Neill also ordered the forfeiture of the two firearms and ammunition.
The cultivation operation caused significant environmental damage. Native vegetation was cut to accommodate the marijuana plants, foot trails, and cooking and sleeping areas. Water was diverted from a nearby creek to irrigate the marijuana plants. A large quantity of trash was also found in trash pits and throughout the site.
Ceballos-Rangel pleaded guilty and was sentenced in April to three years in prison. Santibanez also pleaded guilty and is scheduled for sentencing August 15, 2016. The maximum statutory sentence for conspiracy to manufacture marijuana and to possess with the intent to distribute is 20 years in prison and a $1 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the U.S. Forest Service, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the California Department of Justice’s Campaign Against Marijuana Planting (CAMP), the California Department of Fish and Wildlife, and Madera County Narcotic Enforcement Team (MADNET). Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Guilty Plea in Inyo County Counterfeiting SchemeRead the Press Release
FRESNO, Calif. —Gabriel Michael Anderson, 30, of Corona, pleaded guilty today to possession of analog, digital, and electronic images of U.S. obligations and securities, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, on October 11, 2014, after a routine traffic stop by the California Highway Patrol in Big Pine, Anderson was found to be in possession of counterfeit U.S. $100 bills. During a search of a storage shed where Anderson was storing his belongings, law enforcement officers found evidence related to the manufacturing of counterfeit bills, including cut and uncut counterfeit bills, copies of security devices including watermarks and security strips, and computers. Anderson admitted that he had manufactured approximately $50,000 in counterfeit bills over the past 10 years.
This case is the product of an investigation by the U.S. Secret Service and the California Highway Patrol. Assistant United States Attorney Mark J. McKeon is prosecuting the case.
Anderson is scheduled to be sentenced by United States District Judge Dale A. Drozd on October 17, 2016. Anderson faces a maximum statutory penalty of 25 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.
Vallejo Man Indicted on Firearms ChargesRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a three-count indictment today against Gregory M. Cox, 51, of Vallejo, charging him with being a felon in possession of a firearm, unlawful possession of a short-barrel shotgun, and unlawful possession of a short-barrel rifle, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, on June 2, 2016, Cox, a convicted felon, was found in possession of a Norinco Model 99 12-gauge shotgun, a Savage Arms Stevens Model 940E 12-gauge shotgun with a shortened 13-inch barrel, and a Surplus Ammo and Arms Model LOW15 .223-caliber M4 assault rifle, with a shortened 10-inch barrel and a flash suppressor.
This case is the product of an investigation by the Federal Bureau of Investigation and the Vallejo Police Department. Assistant United States Attorney Ross K. Naughton is prosecuting the case.
If convicted, Cox 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 a product of the FBI Safe Streets Task Force initiative.
Six Mexican Nationals Indicted in Fraudulent Identification Document ConspiracyRead the Press Release
FRESNO, Calif. — A federal grand jury returned a 16-count indictment today charging six Mexican nationals with conspiracy, transferring false identification documents, possessing document-making implements, and fraud and misuse of alien registration receipt cards, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between June 2015 and June 17, 2016, Angelica Moreno-Velasquez, 31; Maria Victoria Perez‑Vasquez, 30; Francisco Javier Hidalgo-Flores, 25; Lizet Amairani Ramirez-Zazueta, 26, and Veronica Rosales-Capitaine, 49, all of Fresno, and Fidel Vasquez-Velasquez, 22, of Madera, conspired to possess, transfer, and sell false U.S. social security cards and alien registration cards in Fresno and Madera County. The defendants are scheduled to be arraigned at 2:00 pm today before U.S. Magistrate Judge Stanley A. Boone.
According to court documents, Vasquez-Velasquez, Hidalgo-Flores and Rosales‑Capitaine manufactured fraudulent identification documents, including social security cards and alien registration receipt cards. Vasquez-Velasquez, Hidalgo-Flores and Perez-Vasquez took orders, photographs and biographical information from customers, and delivered the completed fraudulent identification documents to the customers, charging between $80 and $150 for one set. Moreno-Velasquez and Ramirez-Zazueta also delivered fraudulent identification documents to customers and other co-conspirators.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Christopher D. Baker is prosecuting the case.
If convicted, the maximum statutory penalty for transferring false identification documents or possessing document-making implements is 15 years in prison and a $250,000 fine; the maximum statutory penalty for fraud and misuse of alien registration receipt cards is 10 years in prison and a $250,000 fine, and the maximum statutory penalty for the conspiracy charge is five years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former Sacramento County Sheriff’s Deputy Sentenced to 18 Months in Prison for Unlawful Sale of FirearmsRead the Press Release
SACRAMENTO, Calif. — Ryan McGowan, 34, of Elk Grove, was sentenced today by United States District Judge Troy L. Nunley to 18 months in prison and a $7,000 fine for dealing firearms without a license and for conspiracy to make a false statement on a firearms record, Acting United States Attorney Phillip A. Talbert announced.
Former Sacramento County sheriff’s deputy McGowan and his co-defendant Robert Snellings were convicted last year following a jury trial. Snellings, 64, of Rancho Murieta, a former federal firearms licensee, was sentenced last week to one year in prison.
Under state law, California has an approved roster of firearms that may be sold to the public. A federal firearms licensee is required to make sure any handgun sold is on the approved roster. There is an exemption, however, for peace officers to purchase certain firearms known as “off-roster” firearms. Peace officers who own off-roster firearms may sell them in a private sale, so long as it is brokered by a federal firearms licensee. They may not, however, use these private sales to conduct a business whose principal objective is livelihood and profit through the repetitive purchase and resale of firearms.
According to evidence produced at trial, McGowan used his position as a deputy sheriff to purchase off-roster guns at retail price and then because the firearms could not be purchased directly by the general public, resold them at an inflated price on the private market in California. From 2008 to 2011, McGowan purchased 41 handguns and sold 25 of them within a year after purchase. Thirty-three of the guns were purchased through Snellings Firearms, which was owned by co-defendant Snellings. Some of those weapons were then transferred back to Snellings personally, thereby allowing Snellings to own the weapons himself or sell them to the public.
Both defendants were found guilty of conspiracies to make false statements in federal firearms records. In order to circumvent the restrictions on purchasing off-roster firearms, they falsely stated on ATF forms that a police officer was the actual purchaser when the actual purchaser of the off roster handgun was intended to be a non-officer who was not permitted to buy the gun. Therefore, McGowan and other police officers were acting as a straw purchasers who then transferred the handguns to the real purchasers within a short period of time.
ATF Special Agent in Charge Jill A. Snyder stated: “Ryan McGowan used his position as a law enforcement officer to purchase firearms and sell them illegally. In doing so, he violated federal law and public trust.”
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the active involvement of the Sacramento Sheriff’s Office and the Sacramento Police Department. The Roseville Police Department and other law enforcement agencies assisted. Assistant United States Attorneys William S. Wong and Michael D. Anderson prosecuted the case.
El Dorado County Health Care Provider Agrees to Pay $5.5m to Resolve False Claims Act AllegationsRead the Press Release
SACRAMENTO, Calif. — Acting U.S. Attorney Phillip A. Talbert announced today that El Dorado County based Marshall Medical Center (MMC) will pay the United States and the State of California $5.5 million to settle allegations that MMC; Marshall Foundation for Community Health; El Dorado Hematology & Medical Oncology II, Inc.; Lin H. Soe, M.D.; and Tsuong Tsai, M.D., violated the federal False Claims Act and the State of California’s version of the False Claims Act. The federal lawsuit, filed by whistleblower Colleen Herren, contends that MMC and the other defendants defrauded Medicare, Tricare and Medicaid by a variety of billing improprieties.
The settlement resolves the allegations that the defendants submitted false Medicare and Medi-Cal bills. The complaint alleged that the defendants performed chemotherapy infusions without having a physician present as required. One of the oncologists referred cancer patients from the oncology clinic to the hospital for blood transfusions and improperly billed Medicare for observation codes that require visits by the doctor in conjunction with the transfusions and no doctor visited. The clinic’s oncology nurses used single dose vials on two subsequent patients and billed Medicare and Medicaid for two dosages. In the settlement, the defendants do not admit liability for the alleged false conduct.
Ms. Herren filed her lawsuit on behalf of the United States and State of California in January 2012, and she alleged that she was fired from her job as an oncology nurse in the clinic when she apprised management of the defendants’ billing practices. Ms. Herren's employment claims were not included in the settlement and have since been separately resolved and dismissed. She will receive a 26 percent share of the $5.5 million per the whistleblower provisions of the False Claims Act.
“Health care related fraud investigations are one of my District’s top priorities. My office works closely with our federal and state partners to ensure that patients receive proper medical care with drug regimens that are safe and properly administered, and to ensure that our publicly funded health care insurers reimburse practitioners only for approved services and medicines,” stated Acting U.S. Attorney Talbert.
This case was investigated by the United States Office of Inspector General of the U.S. Department of Health and Human Services, the Defense Criminal Investigative Service Office of Inspector General, and the California Department of Justice, Office of the Attorney General, Bureau of Medi-Cal Fraud and Elder Abuse. Assistant U.S. Attorneys Kelli L. Taylor and Kurt A. Didier handled the case.
Oroville Man Sentenced to 10 Years in Prison for Child Exploitation OffenseRead the Press Release
SACRAMENTO, Calif. — United States District Judge John A. Mendez sentenced Jan Alan Shafer, 65, of Oroville, to 10 years in prison, to be followed by a lifetime term of supervised release, for attempted travel with intent to engage in sex with a minor, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, for more than two years, Shafer engaged in conversations of a sexual nature via email and an internet instant messenger service with an adult who was posing as a 10-year-old boy from Alabama. During their email exchanges, Shafer received images of child pornography, including sexually explicit images of prepubescent children. Shafer also expressed his intent to visit or move to Alabama to meet the 10-year-old boy and to engage in sexual conduct. On October 30, 2014, agents arrested Shafer at the Greyhound bus station in Oroville before he boarded a bus to Alabama.
On March 1, 2016, Shafer pleaded guilty to one count of attempted travel with intent to engage in sex with a minor.
This case was the product of an investigation by the Federal Bureau of Investigation and the Butte County Sheriff’s Office. Assistant United States Attorneys Brian A. Fogerty, André M. Espinosa, and Rosanne Rust prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about internet safety education.
District Court Enters Permanent Injunction Against Sacramento Tofu Company and Senior Officers to Stop Distribution of Adulterated and Misbranded ProductsRead the Press Release
SACRAMENTO, Calif. — The U.S. District Court for the Eastern District of California entered a consent decree of permanent injunction against Wa Heng Dou-Fu & Soy Sauce Corporation doing business as Wa Heng Dou-Fu & Soy Sauce International Enterprises (Wa Heng) and the firm’s co-owners, Peng Xiang “Martin” Lin and Yuexiao “Opal” Lin, to prevent the distribution of adulterated and misbranded soy products, the Department of Justice announced today.
The Department filed a complaint in the Eastern District of California on June 17, at the request of the U.S. Food and Drug Administration (FDA). The complaint alleged that the defendants violated the Food, Drug and Cosmetic Act by causing food that is held for sale after shipment of one or more of its components in interstate commerce to become adulterated and misbranded. According to the complaint, the defendants have an extensive history of operating their food manufacturing facility under insanitary conditions, failing to follow current good manufacturing practice requirements and misbranding their food products.
“The American public deserves to be assured that companies and individuals preparing and distributing food subject to the Food, Drug and Cosmetic Act are complying with federal law,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Department of Justice’s Civil Division. “The Department of Justice will continue to work aggressively with the FDA to ensure a safe food supply.”
As detailed in the complaint, the company receives, prepares, processes, manufactures, packs, labels, holds and distributes soy products including fried tofu, firm tofu, seasoned tofu and soy drinks. The complaint alleged that Martin Lin’s responsibilities include the firm’s daily operations, raw material purchases, facility and equipment maintenance and production schedule and that Opal Lin’s responsibilities include training employees and overseeing employee performance.
In conjunction with the filing of the complaint, the defendants agreed to settle the case and to be bound by a permanent injunction that requires Wa Heng to cease all food preparation, manufacturing and distribution. If the defendants seek to resume preparing, manufacturing and distributing food, they must implement remedial measures set forth in the injunction, notify FDA of the measures taken, and receive written notification from FDA that they appear to be in compliance with the remedial requirements set forth in the injunction and the Food, Drug and Cosmetic Act.
According to the complaint, the defendants had a history of repeated violations. A 2015 inspection by FDA documented that the defendants failed to take reasonable precautions to ensure that production procedures do not contribute to contamination from any source. For example, as alleged in the complaint, FDA observed at least three employees spraying pressurized water from a water hose onto the production area floor, where FDA isolated Salmonella Havana, causing water to splash from the floor onto uncovered tofu and onto food contact surfaces, such as tofu presses and a filtration table. This was a repeat observation from the FDA’s 2012 inspection. In addition, FDA observed employees touching the bottoms of buckets and crates that had been on the floor and then touching tofu. The hand wash sink in the production room had no hot water because the valve had been turned off and the sink was inaccessible due to crates in front of it. This was also a repeat observation from the 2012 inspection.
According to the complaint, the most recent inspection also found that the defendants failed to maintain equipment and utensils in an acceptable fashion through appropriate cleaning and sanitizing. FDA observed spray hose nozzles, air valves, water valves and light switches that contained heavy residue, as well as a tofu cutting knife that was placed on top of a tofu press with greenish-brown buildup and then used to slice tofu.
Further, the complaint alleged that during the 2015 inspection, FDA conducted environmental sampling of the facility and five subsamples tested positive for pathogenic Salmonella Havana. According to the complaint, the positive samples were taken from, among other places, a floor drain near a cooking tank, a caster wheel on a cart carrying tofu and the floor between the packing and processing rooms. As noted in the complaint, FDA isolated a nearly identical strain of Salmonella Havana during its 2011 and 2012 inspections.
During the 2015 inspection, FDA also collected samples of the defendants’ product labeling. The complaint alleges that the defendants’ products are misbranded because, among other things, some of the firm’s soy products fail to include a label containing an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count.
“Firms and individuals that violate federal food safety regulations pose a danger to public health,” said Acting U.S. Attorney Phillip A. Talbert of the Eastern District of California. “The Department will not hesitate to hold companies and individuals accountable in order to protect the American people from adulterated food.”
The government is represented by Trial Attorney Raquel Toledo of the Civil Division’s Consumer Protection Branch, with the assistance of Assistant U.S. Attorney Colleen Kennedy of the Eastern District of California and Associate Chief Counsel for Enforcement Charlotte Hinkle of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.
Clovis Woman Pleads Guilty to Money LaunderingRead the Press Release
FRESNO, Calif. — Natalie Middleton, 30, of Clovis, pleaded guilty today to laundering proceeds from the sale of synthetic drugs, commonly known on the street as “spice,” Acting United States Attorney Phillip A. Talbert announced.
“Spice” refers to a smokable organic plant leaf that is laced with a synthetic cannabinoid, which is often a controlled substance or a controlled substance analogue. Public health and law enforcement agencies have seen the emergence of synthetic drug use. State and local public health departments note that synthetic cannabinoids cause serious adverse health effects, including agitation, anxiety, nausea, vomiting, tachycardia, elevated blood pressure, tremor, seizures, hallucinations, paranoid behavior, and even death.
According to court documents, Middleton purchased a Lake Tahoe time share with proceeds she obtained from the sales of smokable synthetic cannabinoids. According to her plea agreement, from January through March 2013, Middleton was employed as a national sales representative for ZenBio LLC (ZenBio). ZenBio was a “spice” manufacturing and distribution business that started in Pensacola, Florida in November 2012. It continued the operations of another “spice” company known as Zencense IncenseWorks LLC that processed the drug in warehouses in Stockton and Millbrae. The drugs were sold under the brand names “Bizarro,” “Orgazmo,” “Headhunter,” “Defcon,” “Neutronium,” “Sonic Zero,” “Sonic Boom,” “Sonic Blast,” “Shockwave,” “Hampster,” and “Posh.” ZenBio distributed these drugs during its approximate five-month life span. ZenBio generated in excess of $33 million from the sale of at least 24 tons of synthetic drugs. During the investigation of this case, law enforcement officers seized over $6 million in cash and assets derived from drug proceeds.
Court documents also reveal that, prior to her position with ZenBio, Middleton worked as a manager at the Stuffed Pipe, a chain of smoke shops in Fresno, Visalia, and Bakersfield. The Stuffed Pipe previously sold ZenBio and Zencense “spice” products.
Middleton is scheduled for sentencing on October 11, 2016. She faces a maximum statutory penalty of 10 years in prison and a $250,000 fine, or twice the gross gain from the crime. 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.
Last month, a co-conspirator, Timothy New, 33, of Pensacola, Florida pleaded guilty to the fraudulent interstate shipments of misbranded drugs. Co-defendants, Douglas Jason Way, 41, of Evanston, Illinois, and Timothy Ortiz, aka Michael Fitton, 45, of Waukegan, Illinois, have pleaded not guilty to various drug charges and are scheduled for a status conference on September 12, 2016. They face a maximum penalty of 20 years in prison and a fine of $10 million. The charges against them are only allegations; they are presumed innocent until and unless proven guilty beyond a reasonable doubt.
This case is the product of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation by the Drug Enforcement Administration (DEA), the Internal Revenue Service-Criminal Investigation, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), and the Fresno County Sheriff’s Office, with assistance from the Food and Drug Administration (FDA). The OCDETF Program was established in 1982 to mount a comprehensive attack against organized drug traffickers. Today, the OCDETF Program is the centerpiece of the United States Attorney General's drug strategy to reduce the availability of drugs by disrupting and dismantling major drug trafficking organizations and money laundering organizations and related criminal enterprises. This OCDETF investigation was also part of a nationwide law enforcement effort coordinated by the DEA’s Special Operations Division. Assistant United States Attorney Karen A. Escobar is prosecuting the case.
Sacramento Resident Sentenced to over 3 Years in Prison for Bank Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Abdul Mannan, 33, of Sacramento, was sentenced today to three years and three months in prison for bank fraud and aggravated identity theft, Acting U.S. Attorney Phillip Talbert announced. In addition, U.S. District Judge Garland E. Burrell Jr. ordered Mannan to pay $76,193 in restitution.
According to court documents, between March 5, 2014, and November 7, 2014, Mannan participated in a scheme to obtain cash, goods, and services from banks and from Sacramento Area stores. On July 1, 2015, federal agents executed a search warrant at Mannan's residence and found personal and financial information for over 25 different victims and more than 25 different credit card accounts. On March 11, 2016, Mannan pleaded guilty to the charges.
San Francisco Division Inspector in Charge Rafael Nunez of the U.S. Postal Inspection Service stated: “We are working closely with the U.S. Attorney’s Office and our partners in law enforcement to arrest and prosecute those responsible for complex identity fraud schemes and to protect postal customers’ mail and personal information from theft.”
“Identity theft schemes result in billions of dollars in losses every year in this country and cause incalculable heartache and financial harm to law-abiding consumers,” said Ryan L. Spradlin, the special agent in charge who oversees HSI’s enforcement activities throughout northern California. “We owe it to the victims of these schemes to pursue such cases aggressively, making it clear that those who brazenly enrich themselves through fraud and identity theft, as this defendant did, will be held accountable for their crimes.”
This case was the product of an investigation by the United States Postal Inspection Service and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with the assistance of the Sacramento Police Department. Assistant United States Attorney Michelle Rodriguez prosecuted the case.
Former Yuba City Police Officer Pleads Guilty to Federal Programs BriberyRead the Press Release
SACRAMENTO, Calif. — Harminder Phagura, 36, of Yuba City, pleaded guilty today to one count of federal programs bribery in connection with a drug trafficking scheme, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, while he was employed as a Yuba City police officer, Harminder Phagura exchanged sensitive information gained from his official position and exchanged it for money. Co‑defendant Gursharan Phagura transmitted this police-only information to a government source, who was posing as a cocaine trafficker
During the investigation, on July 29, 2014, federal agents observed Gursharan Phagura meet with Harminder Phagura in a Yuba City Police vehicle. At the same time, Gursharan Phagura and the government source were exchanging text messages regarding the state of police presence in the area. Agents then caused an alert to be transmitted on the Yuba City Police Department’s dispatch system. Within a few minutes, the government source received text messages indicating, in coded language, that law enforcement was in the area.
Over the course of several undercover operations, the government source paid a total of $6,000 for the information. The Yuba City Police Department receives grant funds from a Federal program.
“It’s profoundly troubling when sworn personnel use their training and expertise to flout the law, rather than uphold it,” said Ryan L. Spradlin, the special agent in charge who oversees HSI’s enforcement activities throughout northern California. “As the charges in this case make clear, no one is above the law, least of all law enforcement. This plea is gratifying for the HSI special agents and other investigators who worked tirelessly to see justice served.”
Co-defendant Gursharan Phagura is charged with possessing, with intent to distribute, cocaine. The charges are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt. Harminder Phagura and Gursharan Phagura were arrested on April 15, 2015. Harminder Phagura is out of custody on a $100,000 bond. Gursharan Phagura is in custody.
This case is the product of an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) with assistance from the Federal Bureau of Investigation and the Yuba City Police Department. Assistant United States Attorney Paul Hemesath is prosecuting the case.
Harminder Phagura is scheduled to be sentenced on October 14, 2016. He faces a maximum statutory penalty of 10 years in prison and a $100,000 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.
Granite Bay Property Investor Indicted for Mail and Wire FraudRead the Press Release
SACRAMENTO, Calif. — A federal grand jury has returned a 16-count indictment against John Stuart Hill, 32, of Granite Bay, charging him with wire fraud and mail fraud, Acting United States Attorney Phillip A. Talbert announced.
Hill was indicted on April 28, 2016, and the indictment had been sealed until today, when he was arraigned by United States Magistrate Judge Edmund F. Brennan. The defendant entered a not guilty plea.
According to court documents, between August 9, 2011, and April 2013, Hill, acting under the business name Granite Bay Investment Partners (GBIP), solicited and received money from investors who intended that their money would be used to purchase, rehabilitate, and resell residential property in the Sacramento area. In reality, the indictment alleges that Hill used the money for his own personal expenses, made false accounting entries on statements he sent to his investors, and misrepresented the purchase and resale prices of the properties in question. In some cases, the properties that Hill alleged his investors to be rehabilitating had never been purchased by Hill or GBIP. In other cases, multiple investors were told that they were partners on the same property in order to increase the amount invested to far above the purchase and rehabilitation costs. According to court documents, Hill received at least $1.9 million from investors, only $600,000 of which was ever returned, leaving at least $1.3 million unaccounted for.
Hill was ordered detained pending trial. His next court appearance is scheduled for August 18, 2016, before United States District Judge Morrison C. England Jr.
This case was the product of an investigation by the United States Secret Service. Assistant United States Attorney Matthew G. Morris is prosecuting the case.
If convicted, Hill faces a maximum statutory penalty of 20 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Former Bakersfield Police Detective Pleads Guilty to Drug TraffickingRead the Press Release
FRESNO, Calif. — Patrick Mara, 36, of Bakersfield, a former detective with the Bakersfield Police Department (BPD), pleaded guilty today to conspiracy to distribute and possess with the intent to distribute methamphetamine, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between June 14, 2012, and October 2013, Mara was assigned to the Southern Tri-County Task Force of the Central Valley High Intensity Drug Trafficking Area (HIDTA). He abused his position of trust and authority by conspiring with his partner, Damacio Diaz, to seize narcotics in the course of their official duties and intentionally fail to submit the seized narcotics to the BPD evidence room. Instead, on multiple occasions, Mara and Diaz retained possession of seized narcotics for their own unlawful personal gain, purpose and sale. Mara admits that he and Diaz unlawfully seized and maintained possession of approximately 20 pounds of methamphetamine.
According to the plea agreement, Mara will forfeit $80,000 obtained from this criminal conduct. On May 31, 2016, Damacio Diaz pleaded guilty to related charges.
“Mara took advantage of the trust placed in law enforcement officers for his personal gain. In so doing, he undermined the public trust and he betrayed the honest, hard-working officers who risk their lives daily to protect our community. Moreover, he put those officers — and the public — in danger. Misconduct by police officers will not be tolerated, which has been the message expressed by BPD Chief Greg Williamson from the inception of this investigation,” Acting U.S. Attorney Talbert said. “I would like to personally thank Chief Williamson and his Department for their invaluable assistance with this investigation. Chief Williamson devoted resources to work hand-in-hand with the FBI, the DEA and our Office throughout this investigation in a sincere effort to root out corruption.”
Acting U.S. Attorney Talbert went on to say: “While our investigation is continuing and it is premature to say more at this time, I can say that the allegation recently made to the media that there is widespread corruption within BPD is one that our investigation has not substantiated.”
“Patrick Mara took an oath to serve and protect the public, yet he chose to participate in criminal conduct to serve his own interests for profit. This type of behavior from a law enforcement officer is unacceptable. Those who commit such crimes are not worthy to wear the badge and serve their communities,” stated DEA Special Agent in Charge John J. Martin. “DEA will continue to work with our law enforcement counterparts to weed out officers who abuse their position.”
Assistant Bakersfield Police Chief Lyle Martin stated: “The Bakersfield Police Department is dedicated to building and maintaining community trust by holding its employees accountable for their actions. We will continue to work with our local, state and federal partners through the conclusion of this investigation.”
This case is the product of an investigation by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Internal Revenue Service-Criminal Investigation, and the Bakersfield Police Department. Assistant United States Attorneys Brian K. Delaney and Angela Scott are prosecuting the case.
Mara faces a maximum statutory penalty of life in prison and a $10 million fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Sutter County Man Sentenced to 3 Years of Probation for Violating Migratory Bird LawsRead the Press Release
SACRAMENTO, Calif. — William Louis Filter, 46, of Live Oak, was sentenced today to three years of probation for unlawful baiting and the unlawful taking of a migratory game bird by aid of bait, Acting United States Attorney Phillip A. Talbert announced.
On May 4, 2016, a jury found Filter guilty after a two-day trial. The evidence at trial showed that Filter baited a field on his family’s hunting ranch in the Sutter Buttes by covering it with birdseed in order to attract mourning doves. On September 1, 2015, which is opening day of mourning dove season, Filter returned to the baited field with three others. Altogether, they shot and killed 34 mourning doves in less than three hours.
At the sentencing hearing, it was revealed that Filter had a history of fish and game violations, causing his hunting privileges to be revoked between 2009 and 2012.
During probation, Filter is required to obey the following special conditions: serve a three-year ban from hunting; surrender his hunting license to the U.S. Attorney’s Office; perform 120 hours of community service at a nonprofit organization that benefits animal welfare, nature conservation, or the environment; and, pay a $5,000 fine within six months.
This case was the product of an investigation by the United States Fish and Wildlife Service and the California Department of Fish and Wildlife. Special Assistant United States Attorneys Benjamin Nelson and Elliot Wong prosecuted the case.
Sacramento Man Found Guilty of Receipt of Child PornographyRead the Press Release
SACRAMENTO, Calif. — After a five-day trial, a federal jury found Albert Lee Mitchell, 69, of Sacramento, guilty of one count of receipt of child pornography, Acting United States Attorney Phillip A. Talbert announced.
On November 15, 2012, Mitchell was indicted on a single count of receipt of child pornography. According to the indictment, between April 16, 2012, and November 5, 2012, Mitchell received images of child pornography via the internet.
According to evidence produced at trial, on November 5, 2012, a search warrant was executed at Mitchell’s residence after law enforcement identified an IP address located there offering files of child pornography. At the time of the search, dozens of images of suspected child pornography were set to be downloaded on a file-sharing network on a computer located at the search site. Mitchell admitted to ownership of the computer and to being its sole user. A forensic review of the computer and other devices found in Mitchell’s home office revealed a collection of thousands of depictions of child pornography.
This case is the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant U.S. Attorneys Audrey B. Hemesath and Josh F. Sigal are prosecuting the case.
After the jury announced its verdict, Mitchell was taken into custody as a danger to the community. Mitchell is scheduled to be sentenced on September 28, 2016, by United States District Judge Kimberly J. Mueller. Mitchell faces a maximum statutory sentence of 20 years in prison. 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.
Stockton Man Sentenced to 2.5 Years in Prison for Possession of Child PornographyRead the Press Release
SACRAMENTO, Calif. — Joseph Aaron McClendon, 39, of Stockton, was sentenced today by United States District Judge Troy L. Nunley to two and a half years in prison, to be followed by eight years of supervised release, for possession of child pornography, Acting United States Attorney Phillip A. Talbert announced. On release, McClendon will be required to register as a sex offender.
According to court documents, between March and November 2012, federal agents detected McClendon’s computer offering images of child pornography through a file-sharing peer-to-peer network. Agents executed a federal search warrant and seized McClendon’s computer. A subsequent forensic review found approximately 700 images and 95 videos of child pornography that had been downloaded by McClendon. These images and videos included depictions of prepubescent children, as well as acts of sadistic and masochistic conduct involving minors.
“Downloading sexually explicit images and videos of young children not only creates lifelong scars for victims, it also enables perpetrators around the globe to continuously exploit those same innocent victims,” said Ryan L. Spradlin, special agent in charge for HSI San Francisco. “HSI will continue to work tirelessly with our law enforcement partners to target criminals who prey on the most vulnerable members of society.”
This case was the product of an investigation by the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Amy Schuller Hitchcock 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.
Manteca Man Indicted for Attempted Sexual Exploitation of a MinorRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a four-count indictment today against Michael Tamblin, 51, of Manteca, charging him with attempted sexual exploitation of a minor, Acting U.S. Attorney Phillip A. Talbert announced.
According to the indictment, in September and October of 2015, Tamblin surreptitiously filmed a child on numerous occasions using a hidden camera.
According to court documents, Tamblin was a technician at the Lawrence Livermore National Laboratory (LLNL), which is a secured federal laboratory owned by the United States Department of Energy. All internet searches on the LLNL network are recorded and periodically audited. A routine review of internet searches on Tamblin’s computer revealed potentially inappropriate activity. Further investigation led law enforcement officers to obtain a search warrant for Tamblin’s residence. On February 19, 2016, Tamblin was arrested and has remained in custody since that date.
This case is the product of an investigation by the Federal Bureau of Investigation and the Department of Energy, Office of Inspector General. Assistant United States Attorney Rosanne Rust is prosecuting the case.
If convicted, Tamblin faces a mandatory minimum sentence of 15 years in prison and a maximum statutory penalty of 30 years in prison and a $250,000 fine per 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.
Cameron Park Man Sentenced to over 8 Years in Prison for Defrauding the United Auburn Indian CommunityRead the Press Release
SACRAMENTO, Calif. — Darrell Patrick Hinz, 51, of Cameron Park, was sentenced today by United States District Judge Troy L. Nunley to eight years and one month in prison and ordered to pay $18,830,000 in restitution for defrauding the United Auburn Indian Community (UAIC), conspiring to launder monetary instruments, and filing false tax returns, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, between October 2006 and December 2007, Hinz, together with Gregory Scott Baker, of Newcastle, and Bart Wayne Volen, of San Diego, engaged in a scheme to defraud the UAIC of over $18 million.
“The role of IRS Criminal Investigation becomes even more important in embezzlement and fraud cases due to the complex financial transactions that can take time to unravel,” said Michael T. Batdorf, Special Agent in Charge, IRS Criminal Investigation. “Darrell Patrick Hinz and his co-defendants created a scheme to defraud the UAIC in over $18 million in proceeds and purchased numerous high valued assets for himself and other co-defendants totaling over $1.4 million. Hinz also failed to report his ill-gotten gains on his federal tax returns. This sentence should serve as a deterrent to those who might contemplate similar fraudulent actions.”
According to court documents, in October 2006, the UAIC hired Volen, a developer, to finish construction on a school, a community center, and administrative offices on UAIC‑owned property on Indian Hills Road in Auburn. Baker was the UAIC tribal administrator whose duties included overseeing the Indian Hills office project. In this position of trust, he was subordinate only to the UAIC tribal council. Hinz was a contract employee hired by the UAIC to manage the construction at the Indian Hills office project site. Both Baker and Hinz were required to approve all invoices before the UAIC tribal council would sign checks to pay for completed work.
In carrying out the scheme, Volen submitted false and inflated invoices to the UAIC, and Hinz and Baker approved the fraudulent invoices based on a kickback agreement between the three men. Both Hinz and Baker engaged in conduct to ensure that the tribal council would pay for the inflated and fraudulent invoices submitted by Volen. They were later paid by Volen for their participation in the scheme.
According to court documents, Hinz, Baker, and Volen called themselves the “A-Team.” As a member of the A-Team, Hinz surreptitiously funneled over $1.4 million in fraud proceeds to Baker for his assistance in the scheme. Hinz also purchased a number of things for Baker, including personal property (such as a $70,000 BMW and a mobile home), seven investment homes, a vacation condominium in South Lake Tahoe, and a $54,000 pool at Baker’s primary residence. All of these transactions were conducted for the purpose of concealing the proceeds from the UAIC fraud.
With regard to the tax offense, Hinz failed to report the income he derived from the scheme. As a result, the United States suffered a tax loss of $830,000.
When imposing the sentence in this case, Judge Nunley stated that Hinz was part of “a massive fraud” that was committed by people that the UAIC trusted. The judge noted that the UAIC had taken in Hinz “as a member of their family” and that, through his actions and those of his co-conspirators, “the UAIC was taken advantage of.”
This case is the product of an investigation by the Internal Revenue Service, Criminal Investigation. Assistant United States Attorneys Michael M. Beckwith, John K. Vincent, and Kevin C. Khasigian are prosecuting the case.
Baker and Volen previously pleaded guilty to similar charges in this case. On May 26, 2016, Baker was sentenced to more than five years in prison and ordered to pay restitution. Volen is scheduled to be sentenced on August 4, 2016. Chris W. Eatough previously pleaded guilty to a felony related to this case on June 20, 2013 (case number 2:13-cr-214 TLN). Eatough is scheduled to be sentenced on July 28, 2016.
Lead Defendant Sentenced to over 13 Years in Prison in Trinity County Marijuana CaseRead the Press Release
SACRAMENTO, Calif. — Bryan Schweder, 53, of Hayfork, was sentenced today by U.S. District Judge Kimberly J. Mueller to 13 and a half years in prison for conspiracy to manufacture marijuana and for being a felon in possession of firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, federal search warrants were executed on two properties in Trinity County owned by Schweder. At his residence on Highway 3 in Hayfork, agents located Schweder and 10 of his co-defendants, as well as 347 marijuana plants, a large marijuana processing area with approximately 300 pounds of drying marijuana plants, approximately 110 pounds of processed marijuana, and eight firearms, including a loaded 9 mm Uzi semiautomatic assault rifle and an AK-47. At his Dirt Road property, agents located 146 marijuana plants and 10 pounds of processed marijuana.
According to court documents, Schweder was the manager of the growing operation. He has a criminal history that includes two felony convictions of possession of marijuana for sale (1999 and 2005), two felony convictions for being a felon in possession of firearms (1997 and 1999), and a domestic violence conviction (1995).
The following co-defendants pleaded guilty and have already been sentenced in this case or are pending sentencing:
On March 16, 2016, Effren Rodriguez was sentenced to 10 years in prison
On June 8, 2016, Brian Pickard was sentenced to seven years and three months in prison;
On March 30, 2016, Juan Madrigal Olivera was sentenced to two years and three months in prison;
On December 14, 2015, Manuel Madrigal Olivera was sentenced to five years in prison;
On January 28, 2016, Fred Holmes was sentenced to one year in prison;
On September 16, 2015, Paul Rockwell was sentenced to four years in prison;
On January 13, 2016, Rafael Camacho-Reyes was sentenced to six years in prison;
On March 19, 2014, Homero Lopez Barron was sentenced to three years in prison;
On July 2, 2014, Victorino Betancourt-Meraz was sentenced to three years in prison;
On June 4, 2012, Oseas Carnenas Tolentino was sentenced to three years in prison;
On March 19, 2014, Fernando Reyes Mojica was sentenced to three years in prison;
On June 4, 2014, Juan Cisneros Vargas was sentenced to three years in prison;
On March 19, 2014, Osiel Valencia Alvarez was sentenced to 2.5 years in prison;
On November 13, 2013, Filiberto Espinoza-Tapia was sentenced to 2.5 years in prison;
Leonardo Tapia, is scheduled to be sentenced on July 20, 2016.
On April 17, 2015, Judge Mueller denied Pickard’s motion to dismiss the indictment and upheld the listing of marijuana as a Schedule I Controlled Substance after a five-day evidentiary hearing. In a 38-page written opinion outlining the evidence and the position of the parties, Judge Mueller joined the numerous other judges who have concluded that a rational basis exists for the inclusion of marijuana as a Schedule I Controlled Substance.
This case is the product of an investigation by the U.S. Forest Service, the Trinity County Sheriff’s Office, and the California Department of Justice’s North State Marijuana Investigative Team (NSMIT). Assistant United States Attorneys Samuel Wong, Richard Bender, and Gregory Broderick are prosecuting the case.
Stockton Man Pleads Guilty to Methamphetamine Trafficking ConspiracyRead the Press Release
FRESNO, Calif. — Luis Fernando De La Rocha-Carlon, 26, of Stockton, pleaded guilty today to conspiring to distribute and possess with the intent to distribute methamphetamine, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, on October 9, 2014, De La Rocha-Carlon negotiated the sale of approximately seven kilograms of crystal methamphetamine for $84,000 and came to Fresno with his brother to meet with the buyer. When CHP officers tried to stop De La Rocha-Carlon, he fled and threw the seven kilograms out of the window of his vehicle. All the crystal methamphetamine was recovered. On February 16, his brother and co-defendant Mauricio De La Rocha pleaded guilty to conspiring to distribute methamphetamine and was sentenced to over three years in prison on May 2, 2016.
This case is the product of an investigation by the Drug Enforcement Administration Task Force and the California Highway Patrol. Assistant United States Attorney Laurel J. Montoya is prosecuting the case.
De La Rocha-Carlon is scheduled to be sentenced by Judge Dale A. Drozd on August 29, 2016. De La Rocha-Carlon faces a maximum statutory penalty of 20 years in prison and a $1 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.
Madera Man Previously Convicted of Tax Evasion Sentenced for Illegally Possessing a FirearmRead the Press Release
FRESNO, Calif. — Walter Watts Jr., 47, of Madera, was sentenced Monday by United States District Judge Anthony W. Ishii to 2 ½ years in prison for being a felon in possession of a firearm, Acting United States Attorney Phillip A. Talbert announced.
According to court documents, on November 29, 2012, law enforcement officers searched Watt’s home and found a Tactical Machine semiautomatic rifle, a Heckler and Koch shotgun, and a .22-caliber firearm with an attached laser. Watts was previously convicted of felony tax evasion in April 2011.
This case was the product of an investigation by the Drug Enforcement Administration and the Madera Narcotics Enforcement Team. Assistant United States Attorney Kevin Rooney prosecuted the case.
Watts was ordered to surrender on August 22, 2016, to begin his prison term.
Guilty Plea and Sentence for Woman Charged with Defacing Rock Formations in 7 National Parks in Western U.S.Read the Press Release
FRESNO, Calif. — Casey Nocket, 23, of San Diego, pleaded guilty today to seven misdemeanor counts of damaging government property. U.S. Magistrate Judge Sheila K. Oberto sentenced Nocket two years’ probation and 200 hours of community service, Acting United States Attorney Phillip A. Talbert and National Park Service Chief of Law Enforcement Charles Cuvelier announced.
In addition, Judge Oberto ordered Nocket banned from lands administered by the National Park Service, the U.S. Forest Service, the Bureau of Land Management, and the Army Corps of Engineers during the period of probation. A hearing to determine the amount of restitution Nocket is required to pay will be held at a later date.
According to court documents, over a 26-day period, Nocket damaged rock formations within seven national parks by drawing or painting on them using acrylic paints and markers. She posted numerous pictures of the drawings on her social media accounts. The parks are in four federal districts: the Eastern District of California, the District of Oregon, the District of Utah, and the District of Colorado.
Acting U.S. Attorney Talbert stated, “The defendant’s defacement of multiple rock formations showed a lack of respect for the law and our shared national treasures. The National Park Service has worked hard to restore the rock formations to their natural state, completing clean-up efforts in five of the seven parks. They expect to complete cleanup efforts at Death Valley in the near future and at Crater Lake as weather permits.”
“This case illustrates the important role that the public can play in identifying and sharing evidence of illegal behavior in parks,” said Charles Cuvelier, chief of law enforcement for the National Park Service. “It is clear that the public cares deeply for the special places that the National Park Service represents, and the resolution of this case sends a message to those who would consider such inappropriate behavior going forward.”
The damage took place as follows:
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September 23, 2014, Death Valley National Park in the Eastern District of California at the summit of Telescope Peak.
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September 12, 2014, Rocky Mountain National Park in the District of Colorado
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September 13, 2014, Colorado National Monument in the District of Colorado on the Monument Canyon Trail.
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September 15, 2014, Canyonlands National Park in the District of Utah on the Neck Spring Trail.
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September 17, 2014, Zion National Park in the District of Utah.
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October 2, 2014, Yosemite National Park in the Eastern District of California at the beginning of the John Muir Trail.
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October 7, 2014, Crater Lake National Park in the District of Oregon.
This case was the product of an investigation by the National Park Service. Assistant United States Attorney Laurel J. Montoya prosecuted the case.
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