Eastern District of California
Press releases recorded for this federal judicial district.
U.S. Attorney’s Office for the Eastern District of California Collects $63.8 Million in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2013Read the Press Release
Total Recoveries Including Shared Cases and Forfeitures Exceeds $81.9 Million
SACRAMENTO, Calif. — U.S. Attorney Benjamin Wagner announced today that the U.S. Attorney’s Office for the Eastern District of California collected $63,833,023 in criminal and civil actions in Fiscal Year 2013. Of this amount, $2,317,646 was collected in criminal actions and $61,515,377 was collected in civil actions.
Additionally, the Eastern District of California worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $11,917,100 in cases pursued jointly with these offices. Of this amount, $108,208 was collected in criminal actions and $11,808,892 was collected in civil actions.
Total collections in civil and criminal cases involving the office, therefore, were in excess of $75.6 million. These figures represent actual dollars received, not judgment amounts.
Additionally, the U.S. Attorney’s Office in the Eastern District of California, working with partner agencies and divisions, collected $6,183,607 in asset forfeiture actions in FY2013. Forfeited assets are deposited into the Department of Justice Assets Forfeiture Fund and are used to restore funds to crime victims and for a variety of law enforcement purposes. When forfeitures are added to collections in civil and criminal cases, total recoveries in FY 2013 involving the Eastern District exceeded $81.9 million.
Attorney General Eric Holder announced on Thursday that the Justice Department collected approximately $8.1 billion in civil and criminal actions in the fiscal year ending Sept. 30, 2013. The more than $8 billion in collections in FY 2013 represents nearly three times the appropriated $2.76 billion budget for the 94 U.S. Attorney’s offices and the main litigating divisions in that same period.
“The department’s enforcement actions help to not only ensure justice is served, but also deliver a valuable return to the taxpayer,” said Attorney General Holder. “It is critical that Congress provide the resources necessary to match the Department’s mounting caseload. As these figures show, supporting our federal prosecutors is a sound investment.”
“Financial recoveries are a critical part of the Department’s mission to hold those who violate the law accountable for the injury they cause to victims and the general public,” said U.S. Attorney Wagner. “Each year we collect far more for victims and taxpayers than the total cost of operating our office. During this time of continued fiscal constraint, these collections are more important than ever. We will continue to aggressively pursue compensation from those who commit crimes in our district and civil wrongs, to ensure that the wrongdoers — not the public — bear the costs of unlawful conduct here in the Eastern District of California.”
Major recoveries in the Eastern District of California in FY 2013 included $45 million from PG&E and its contractor Provco for damages caused by the Power Fire, which burned approximately 13,000 acres of the El Dorado National Forest in October 2004, and an additional $5.5 million from PG&E and its contractors ACRT, Inc. & Davey Tree for damages caused by the James Fire on the Mendocino National Forest in June 2008. The district also recovered $14.2 million on a settlement of allegations that Adventist Health improperly compensated physicians who referred patients to Adventist’s White Memorial facility, in violation of the Anti-Kickback Act and Stark Statute.
The U.S. Attorneys’ Offices, along with the Justice Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the Department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
The figures announced today do not include money recovered on the recent $13 billion settlement of fraud claims against JPMorgan Chase & Co. in connection with residential mortgage backed securities. Although several billion dollars has already been paid on that settlement, the payments were received in Fiscal Year 2014 (which began in October) and so will be included in a future announcement on recoveries during that fiscal year.
Southern California Doctor Sentenced to over 3 Years in Prison for Medicare Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Dr. Emilio Louis Cruz III, 61, of Carson, Calif., was sentenced today by United States District Judge Morrison C. England Jr. to three years and two months in prison and ordered to pay $601,581 in restitution for his role in a conspiracy to commit Medicare fraud, United States Attorney Benjamin B. Wagner announced.
According to court documents, Cruz earned an undergraduate degree from Johns Hopkins University and his medical degree from Yale University. He held medical licenses in three states and was board certified in neurology. According to his plea agreement and the testimony heard at the trial of Cruz’s co-defendants, doctors Ramanathan Prakash, Alexander Popov, and Lana LeChabrier, and a man named Vardges Egiazarian owned and controlled three health care clinics in Sacramento, Richmond, and Carmichael from February 2006 through August 2008. Over this time period, Cruz ran the practice at the Carmichael clinic on 3609 Mission Avenue. He established a Medicare provider number for the clinic and established a bank account into which Medicare funds were deposited. Hundreds of claims were submitted to Medicare seeking reimbursement for services allegedly performed at the Carmichael clinic under Cruz’s care. Cruz, however, never treated a single patient. Indeed, during the majority of the time that the Carmichael clinic operated, he was living and practicing in North Dakota. A similar pattern was followed at the other two clinics operated by Egiazarian, and not one of the physicians submitting bills to Medicare ever treated a single patient.
According to evidence at trial, the clinic’s patients were primarily elderly and non-English speaking. They were recruited and transported to the clinics by individuals who were paid according to the number of patients they brought to the facilities. Rather than being charged a co-payment, the patients were paid for their time and the use of their Medicare eligibility, generally $100 per visit. False charts were created stating that each patient received comprehensive exams and a broad array of diagnostic tests. Few of these tests were ever performed, none were performed based on any medical need, and clinic employees filled out other portions of the charts using preprinted templates. Some clinic employees admitted to performing various tests on themselves, and placing the results in patient files.
In all, the three clinics submitted more than $5 million worth of fraudulent claims to Medicare, $1.7 million of which was actually paid. With respect to claims submitted for services purportedly provided by Cruz at the Carmichael clinic, Medicare paid $601,581.
The only defendants to go to trial, doctors Prakash, Popov, and LeChabrier, were found guilty by a jury on July 8, 2011, of conspiracy to commit healthcare fraud and various counts of healthcare fraud.
This case is the product of an investigation by the Office of the Inspector General for the Department of Health and Human Services and the Federal Bureau of Investigation. Assistant United States Attorneys Philip Ferrari and Jean M. Hobler are prosecuting the case.
Others who were charged in this matter include:
- Ramanathan Prakash, a doctor involved with the Sacramento clinic, is currently serving 10 years in prison.
- Lana LeChabrier, a doctor involved with the Richmond clinic is currently serving six and a half years in prison.
- Vardges Egiazarian pleaded guilty early in the case and has served his six and a half years sentence.
- Alexander Popov, a doctor involved with the Sacramento clinic, is currently serving eight years and one month in prison.
- Nazaret Salmanyan, an unlicensed ultrasound technician who worked at all three clinics, pleaded guilty and on November 14, 2013, was sentenced to 20 months in prison.
- Derrick Johnson, a doctor involved with the Richmond clinic, pleaded guilty and is awaiting sentencing.
- Zoya Belov, a nurse licensed in Russia but not the United States who worked at all three clinics, pleaded guilty and is awaiting sentencing.
- Liw Jiaw Saechao, aka Jenny Saechao, recruited patients, pleaded guilty, and is awaiting sentencing.
- Migran Petrosyan, a co-owner of the Richmond clinic, pleaded guilty, and on December 5, 2013, was sentenced to 27 months in prison.
- Shushanik Martirosyan, a medical biller who submitted claims to Medicare for all three clinics, pleaded guilty and on October 24, 2013, was sentenced to 18 months in prison.
Sacramento Men Plead Guilty to Attempted Enticement of A MinorRead the Press Release
SACRAMENTO, Calif. — Nicholas Perry, 36, of Sacramento, and Eric Johnston, 23, of Folsom, pleaded guilty today to attempted enticement of a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 29, 2012, an undercover detective with the Sacramento Internet Crimes Against Children (ICAC) task force responded to a Craigslist advertisement posted by Brandon Marks in which Marks sought to acquire children’s underwear. After a week of online and cellphone communications, Marks agreed to meet the undercover detective in order to have sex with the detective’s fictional 13-year-old child.
Following his arrest, Marks allowed law enforcement to assume his online identity. One of the people with whom Marks was communicating with was Perry. Prior to meeting with law enforcement, Marks had told Perry through email that he was “meeting a dad and his daughter and taking pics ;).” After assuming Marks’s identity, law enforcement (posing as Marks) offered to introduce Perry to the daughter. Perry communicated with Johnston about the meeting and offered to introduce Johnston to the fictional father.
After being introduced, each defendant communicated directly via email with law enforcement about the fictional 13-year-old. Perry and Johnston agreed to meet Marks, the father, and his daughter in order to have sex with the daughter.
Following his arrival at the meeting location, Johnston was arrested. After his arrest, Johnston received a text message from Perry asking if he was there. Law enforcement responded to Perry (posing as Johnston), and told Perry that he had arrived and that he was waiting with the father and daughter. Perry arrived approximately 45 minutes later and was arrested. Both defendants have been in federal custody since their arrest.
Marks pleaded guilty to attempted enticement of a minor and was sentenced to 12 years in prison in May 2013.
Perry and Johnston are scheduled to be sentenced on April 3, 2014. They each face a statutory penalty of no less than 10 years and up to life in prison and a $250,000 fine. The actual sentences, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case is the product of an investigation by the Sacramento Internet Crimes Against Children (ICAC) Task Force, a federally and state-funded task force managed by the Sacramento Sheriff’s Department with agents from federal, state, and local agencies. The Sacramento ICAC investigates online child exploitation crimes, including child pornography, enticement, and sex trafficking. Assistant United States Attorney Kyle Reardon is prosecuting the case.
This case s brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. Click on the “resources” tab for information about Internet safety education.Former Sacramento Area Loan Officer Pleads Guilty to Mortgage Fraud SchemeRead the Press Release
SACRAMENTO, Calif. — Alexander A. Romaniolis, 48, of Irvine, pleaded guilty today to mortgage fraud, United States Attorney Benjamin B. Wagner announced. A federal grand jury returned the three-count indictment on March 21, 2013, charging Romaniolis with mail fraud.
According to court documents, Romaniolis recruited five straw buyers to purchase eight California residential properties in Rocklin, Roseville and San Clemente. Romaniolis assisted the straw buyers in providing false information to lenders about their employment, income, assets, and intent to occupy properties as primary residences. In most cases, the straw buyers claimed to be executives of companies created and controlled by Romaniolis. He was responsible for the origination of more than $5 million in residential mortgage loans in the scheme. All of the properties were foreclosed on, resulting in a total loss of more than $2 million.
This case is the product of an investigation by the Federal Bureau of Investigation and the California Attorney General’s Mortgage Fraud Task Force. The Huntington Beach Police Department assisted in the arrest. Assistant United States Attorney Jean M. Hobler is prosecuting the case.
Romaniolis is scheduled to be sentenced on March 27, 2014. He faces a maximum statutory penalty of 30 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.
Stockton Man Pleads Guilty to Drug and Gun Charges as A Result of Operation Gideon IVRead the Press Release
SACRAMENTO, Calif. — Luis Magana, 20, of Stockton, pleaded guilty today to dealing firearms without a license and to distribution of methamphetamine in a case resulting from Operation Gideon IV, United States Attorney Benjamin B. Wagner announced.
Operation Gideon IV was an ATF surge that targeted violent criminals in an effort to dismantle criminal organizations operating in Stockton. Experienced undercover ATF special agents from throughout the U.S. were deployed with local ATF agents and Stockton police officers to conduct covert investigations into some of the most violent criminals in Stockton and surrounding areas. Operation Gideon IV ran from January to April 19, 2013, charging 55 individuals and seizing 84 firearms.
“Today’s guilty plea represents another win for law enforcement in successfully removing and locking up another gun trafficker and preventing collateral damage to innocent victims,” said Bureau of Alcohol, Tobacco, Firearms and Explosives Special Agent in Charge Joseph M. Riehl. “These traffickers are the primary source and supply of arming violent criminals in our communities.”
According to court documents, special agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives conducted an extensive investigation into Magana’s gun and drug dealing activities. During the course of this investigation, undercover special agents purchased and seized more than 2.9 kilograms of methamphetamine from Magana. Additionally, although Magana did not have a license to sell firearms, Magana sold undercover special agents five firearms during four separate transactions in February, March, and April, 2013.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant United States Attorney Christiaan Highsmith is prosecuting the case.
Magana was taken into custody today after entering his guilty plea. His co-defendants, Erik Moreno and Juvenal Junez, both of Stockton, have already entered guilty pleas on drug distribution charges.
Magana is scheduled to be sentenced by Judge Lawrence K. Karlton on April 1, 2014. Magana faces a maximum statutory penalty of 40 years in prison and a $5 million fine for the drug distribution conviction. He faces a maximum sentence of five years in prison and a $250,000 fine for the gun conviction. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Modesto Man Sentenced to over Six Years in Prison for Bank RobberyRead the Press Release
SACRAMENTO, Calif. — Troy Foster Mitchell, 47, of Modesto, was sentenced today by United States District Judge Lawrence K. Karlton to six years and five months in prison and ordered him to pay $10,114 in restitution for bank robberies in Modesto and Stockton, United States Attorney Benjamin B. Wagner announced.
According to court documents, on May 14, 2013, while on supervised release after serving a prison term for a previous conviction, Mitchell entered the Valley First Credit Union in Modesto and passed a note to the bank teller demanding $5,000 in cash. The teller complied with the demand, and while she was doing so, another teller, recognizing Mitchell, walked by and said, “Hi, Troy.” Mitchell acknowledged her, and departed the credit union with $5,000 in cash.
Mitchell had filed an auto loan application with the bank on April 3, 2013, that included a copy of his driver’s license. Immediately following the robbery, a bank employee retrieved the application and gave it to the Modesto Police Department. Surveillance photos of the robber were consistent with Mitchell’s driver’s license photo. The application and driver’s license in the file listed Mitchell’s home address.
According to the plea agreement, on May 31, 2013, Mitchell entered the Bank of the West in Stockton and passed a note to the bank teller demanding all of the $100 bills without a dye pack. The teller gave Mitchell $5,114. Mitchell departed the bank, leaving the demand note behind. The demand note was written on the back of a voided paycheck made out to Troy F. Mitchell and listed Mitchell’s home address.
This case is the product of an investigation by the Federal Bureau of Investigation, the Modesto Police Department, and the Stockton Police Department. Assistant United States Attorney Sherry D. Hartel Haus prosecuted the case.
Service Member at U.S. Naval Air Station in Lemoore Pleads Guilty to Sex Trafficking of A MinorRead the Press Release
FRESNO, Calif. —Charles Ray Benavidez, 33, an Aviation Ordnanceman Second Class, serving at the Naval Air Station Lemoore, pleaded guilty today to one count of sex trafficking of a minor, United States Attorney Benjamin B. Wagner announced.
According to court documents, in April 2013, Benavidez knowingly recruited a 17-year-old female to engage in commercial sex acts in Kings and Tulare Counties. Benavidez was indicted in May 16, 2013, and has been in federal custody since May 23, 2013.
“This office is committed to doing all we can to protect our children from the plague of prostitution,” said U.S. Attorney Wagner. “We will identify, prosecute and punish the criminals who treat young girls as if they were commodities in the sex trade.”
“This defendant was sworn to defend this country, yet his callous and calculating actions put a trusting teenager directly in harm’s way,” said Mike Prado, resident agent in charge for HSI Fresno. “HSI will continue to work closely with its federal and local partners to target sexual predators, like this individual, who ruthlessly exploit vulnerable young people for their own gratification and greed.”
Benavidez is scheduled to be sentenced by Senior United States District Judge Anthony W. Ishii on March 17, 2014. He faces a minimum statutory sentence of 10 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 is the product of an investigation by the Central California Internet Crimes Against Children task force, the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Naval Criminal Investigative Service (NCIS), and the Porterville, Tulare, and Lemoore police departments. Assistant United States Attorney Brian W. Enos is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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, 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.justice.gov/psc. Click on the “resources” tab for information about Internet Safety.
Plea Agreement
Operation Mercury CasesRead the Press Release
FRESNO, Calif. — Today, one marijuana cultivator entered a guilty plea and one was sentenced for their involvement in separate cases resulting from Operation Mercury, a six-county eradication and enforcement effort that focused on large-scale marijuana cultivation operations on agricultural land in the Central Valley, U.S. Attorney Benjamin B. Wagner announced.
4,011 Marijuana Plants Seized in Alpaugh (1:12-cr-234 LJO)
Bonifacio Cano Gutierrez, 20, of Colima, Mexico, was sentenced today to two years and six months in prison following his guilty plea last October to a marijuana cultivation conspiracy. He is subject to deportation to Mexico upon completion of his prison sentence. Cano was the seventh of eight defendants to plead guilty to conspiring to cultivate, distribute and possess with intent to distribute marijuana on 20-acres of agricultural land in Alpaugh owned by Saul Antonio Morales, 49. Cano was responsible for the cultivation of 899 marijuana plants in one of 14 plywood fenced plots on Morales’ property, which contained a total of 4,011 marijuana plants.Cano had an expired medical marijuana recommendation from a doctor he had never seen. (The doctor has been indicted in a separate federal case with the unlawful distribution of oxycodone and hydrocodone, as well as various financial crimes.) Court documents indicate that Cano would get a cut of the profits from the interstate sale of marijuana from Morales’ son, Gerardo Morales, 20, who was sentenced in November to three years and one month in prison for this drug conspiracy.
In October, a federal jury convicted Saul Morales, the property owner, of four narcotics offenses relating to the marijuana cultivation operation. He faces a mandatory minimum prison term of 10 years in prison, a maximum prison term of life, and a fine of up to $4 million. His sentencing is currently set for January 27, 2014. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the product of an investigation by the U.S. Drug Enforcement Administration, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, and Firearms and explosives, and Tulare County Sheriff’s Office.
2,932 Marijuana Plants Seized in Fresno (1:12-cr- 341 LJO)Phonepaseuth Phaphilom, 27, of Fresno, pleaded guilty today to conspiring to cultivate, distribute and possess with intent to distribute marijuana grown on an agricultural parcel on Marks Avenue in rural southwest Fresno. During the execution of a federal search warrant there, narcotics agents found Phaphilom with four other men from out of the area, 2,932 marijuana plants, and a firearm. Phaphilom, who was detained pretrial based in part on a criminal history that included weapons and narcotics violations, said he was going to sell the marijuana “up North” for $800 a pound. Based on a conservative one pound per plant yield, the cultivation operation was valued at over $2.3 million. In addition, court records indicate that some of the marijuana was destined for Las Vegas.
Phaphilom is scheduled for sentencing on March 17, 2014. He faces a maximum prison sentence of 20 years and a fine of up to $1 million. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
This case was the product of an investigation by the DEA and Fresno County Sheriff’s Office. Operation Mercury has so far resulted in the seizure of nearly half a million marijuana plants and the prosecution of 84 defendants in federal court in Fresno.
Assistant U.S. Attorney Karen A. Escobar is handling the above marijuana prosecutions.
Modesto Man Pleads Guilty to Possession of Child PornographyRead the Press Release
FRESNO, Calif. —Alberto Morales, 31, of Modesto, pleaded guilty today to possessing child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, on February 1, 2013, Morales possessed between 300 and 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors.
Morales is scheduled to be sentenced by United States District Judge Lawrence J. O’Neill on March 17, 2014. In light of a prior conviction, Morales faces a minimum statutory sentence of 10 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 is the product of an investigation by the Central California Internet Crimes Against Children Task force, including the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and the Fresno County Sheriff’s Office. Assistant United States Attorney Brian W. Enos is prosecuting the case.
“Tragically, this case is not an anomaly — it’s all too common for child sexual predators to reoffend,” said Mike Prado, resident agent in charge for Homeland Security Investigations (HSI) in Fresno. “That’s why HSI and its law enforcement partners must remain unceasingly vigilant. It’s the only way to protect our youth and ensure that individuals, like this defendant, are held accountable for their crimes.”
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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, 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.justice.gov/psc. Click on the “resources” tab for information about Internet Safety.
Plea Agreement
Madera and Merced County Men Sentenced for Methamphetamine Trafficking OffensesRead the Press Release
FRESNO, Calif. — Rafael Velasco, 36, of Madera, was sentenced today by United States District Judge Lawrence J. O’Neill to 14 years in prison for conspiracy to distribute and possess with intent to distribute methamphetamine, United States Attorney Benjamin B. Wagner announced.
Velasco was the last of seven defendants charged in related cases. The other defendants sentenced are:
- Gonzalo Esquivel, aka “Gunner,” 34, of Los Banos, sentenced to 15 years and five months in prison on November 4, 2013;
- Efren Steve Jiminez, aka “Grande,” 33, of Los Banos, was sentenced to 10 years in prison on November 4, 2013;
- Kenneth Hernandez, aka “Kenny,” 30, of Dos Palos, was sentenced to 12 years and four months in prison on December 2, 2013;
- Gustavo Moreno, aka “Gus Gus,” 33, of Madera, was sentenced to 12 years and four months in prison on September 23, 2013;
- David Torres, 33, of Madera, was sentenced to 10 years in prison on September 23, 2013; and
- Juan Herrera, aka “Joker,” of Madera, was sentenced to 16 years in prison on November 1, 2013.
According to court documents, the defendants were members or associates of the Norteño criminal street gang, which is under the control of the Nuestra Familia prison gang (NF). The NF utilizes the Norteños to engage in narcotics sales.
“The collaboration of federal, state, and local law enforcement agencies in this case was outstanding,” said U.S. Attorney Wagner. “Together, we have removed seven dangerous criminals from our neighborhoods for many years to come. The sentencing of Rafael Velasco concludes this case, but our collective efforts to root out and prosecute violent gang members who traffic in narcotics in the Central Valley continue to be vigorous.”
According to court documents, Velasco provided Juan Herrera with 1/8 of an ounce of methamphetamine to be included in a “package” to be delivered to individuals incarcerated at the Madera County Jail. On June 7, 2011, Velasco carried a Glock 9 mm Model 19 pistol in a lunch bag that also contained approximately one ounce of methamphetamine to his car. He was arrested within minutes of doing so, and the gun and methamphetamine was seized by law enforcement agents.
This case was the product of an investigation by the California Department of Justice Bureau of Investigation in coordination with the Drug Enforcement Administration, the Madera Narcotic Enforcement Team, the Merced Multi-Agency Narcotic Task Force, the Merced Multi-Agency Gang Task Force, the Los Banos Police Department, the Merced Police Department, the Madera Police Department, the Madera County Sheriff’s Office, and the Livingston Police Department. Assistant United States Attorney Kimberly A. Sanchez prosecuted the case.These cases were brought as part of the Project Safe Neighborhoods (PSN) 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.
Fresno Man Sentenced for Possession of A Pipe BombRead the Press Release
Fresno, Calif. — United States District Judge Anthony W. Ishii sentenced Jon Smilanick, 36, of Fresno, today to 30 months in prison for possession of a pipe bomb in violation of the National Firearms Act, United States Attorney Benjamin B. Wagner announced.
According to court documents, on January 9, 2013, police were called to Smilanick’s ex-neighbors’ home with the report of a bomb detonating. They found the remnants of a detonated pipe bomb. The ex-neighbors reported that they believed that Smilanick had detonated the device as they had had ongoing problems with him.
According to the plea agreement, police obtained a search warrant for Smilanick’s residence and found bomb-making materials in the garage and a live pipe bomb in the house. Smilanick’s wife said that she had hidden the bomb because she did not want him to have it. While at the residence, another neighbor came by and told police that on two occasions, he heard explosions from the area of Smilanick residence and had once seen a man matching Smilanick’s build throw something over the back fence and then heard a loud explosion. Officers went to the area to which the neighbor directed them and found remnants of two different devices.
Smilanick admitted to manufacturing the devices. He referred to them as “firecrackers.” He said he had been making them since he was in the sixth grade. He said he taught himself to make pipe bombs, and that he had made three this year. None of the devices were registered with the National Registration and Transfer Record.
“This investigation is an example of the excellent cooperation we have with both the Fresno Police Department and the community as a whole. Because of this cooperation, we were able to seize these dangerous explosive devices, and ensure the violator faces justice,” said ATF Special Agent in Charge Joseph Riehl
This case was the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Fresno Police Department. Assistant United States Attorney Kimberly A. Sanchez prosecuted the case.
Bakersfield Man Sentenced to More Than 7 Years in Prison for Receiving Child PornographyRead the Press Release
FRESNO, Calif. — William George Gray, 51, of Bakersfield, was sentenced today by Senior United States District Judge Anthony W. Ishii to 7 years and 3 months in prison, to be followed by 10 years of supervised release, for receipt of child pornography, United States Attorney Benjamin B. Wagner announced.
According to court documents, between October 30, 2011, and January 2, 2013, Gray received more than 600 images depicting minors engaged in sexually explicit conduct. The images also involved the portrayal of sadistic, masochistic, and other depictions of violence, and included depictions of pre-pubescent minors.
This case was the product of an extensive investigation by the Central California Internet Crimes Against Children task force and the U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI). Assistant United States Attorney Brian W. Enos is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the United States 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, 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.justice.gov/psc. Click on the “resources” tab for information about Internet Safety.