Northern District of California
Press releases recorded for this federal judicial district.
Convicted Felons Operating Grow House in San Leandro, Illegally Possessing Firearms Sentenced to 72 Months and 87 Months in PrisonRead the Press Release
OAKLAND, Calif. – Today, Van Do Nguyen was sentenced to 72 months in prison and Loc Huynh was sentenced to 87 months for conspiracy to possess with the intent to distribute marijuana, possession with the intent to distribute marijuana, and being felons in possession of firearms, United States Attorney Melinda Haag announced.
Huynh and Nguyen were arrested on Jan. 10, 2012, after complaints from citizens led to an investigation by the San Leandro Police Department. Huynh pled guilty on Oct. 31, 2012, and Nguyen pled guilty on Nov. 7, 2012.
In their plea agreements, Huynh and Nguyen admitted that from August 2011 through January 2012, they operated a marijuana grow house at 3471 Carrillo Drive in San Leandro, Calif. They were found in possession of 82 mature marijuana plants, almost one kilogram of marijuana packaged for sale, a Norinco US 7.62 caliber rifle with a high capacity magazine, a Romak-Romarm 7.62 caliber assault rifle that had been stolen, and a .45 caliber Smith & Wesson semiautomatic pistol. Nguyen admitted that he also possessed a .40 caliber Smith & Wesson semiautomatic pistol. In addition, approximately $10,000 in cash, a 9mm Bryco Arms semiautomatic pistol, and more than 100 rounds of various caliber ammunition were found at 3471 Carrillo Drive and seized by law enforcement.
Nguyen, 27, of Alameda, Calif., had previously been convicted in 2005 for carrying a loaded firearm in public. Huynh, 20, of Oakland, had been convicted in 2011 for assault with a deadly weapon not a firearm.
The sentences were handed down by U.S. District Court Judge Phyllis J. Hamilton who also sentenced the defendants to three-year periods of supervised release. Nguyen and Huynh were indicted, with others, by a federal grand jury on June 7, 2012. Co-defendant Vincent Nguyen pled guilty on Oct. 31, 2012, and is scheduled to be sentenced on March 6, 2013.
Brian C. Lewis is the Assistant U.S. Attorney who is prosecuting the case with the assistance of Janice Pagsanjan. The prosecution is the result of an investigation by the Federal Bureau of Investigation.
San Francisco International Airport Passenger Pleads Guilty to Smuggling CocaineRead the Press Release
SAN FRANCISCO – Emmanuel Amankwa, a passenger who was transiting San Francisco International Airport (SFO) on his way out of the country, pleaded guilty last week to possessing with the intent to distribute 500 grams or more of cocaine, United States Attorney Melinda Haag announced.
Amankwa was arrested on Oct. 23, 2012, at SFO while attempting to board a flight to Japan. A subsequent investigation by officers from the U.S. Customs and Border Patrol and agents from U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) revealed that Amankwa was carrying 995 grams of cocaine in 100 latex-wrapped pellets inside his body. Amankwa was attempting to smuggle the cocaine into Japan.
Amankwa was charged by complaint on Oct. 23, 2012. A federal grand jury returned a one-count indictment on Nov. 8, 2012. He pleaded guilty on Jan. 17, 2012.
Under the terms of a plea agreement between the government and Amankwa, Amankwa faces a sentence of 60 to 80 months in federal prison, followed by four years of supervised release. He also must pay $16,178 in restitution for the medical costs associated with collecting the cocaine pellets he had ingested. Notwithstanding this agreement, the court will determine and impose a sentence on Amankwa after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
U.S. District Judge Jeffrey S. White is scheduled to impose sentence on April 11, 2013.
(Amankwa Indictment )
More Than 11 Pounds of Methamphetamine Seized at San Francisco International AirportRead the Press Release
SAN FRANCISCO – A federal grand jury in the Northern District of California indicted 21 year-old Naomi Antunez yesterday for possessing with the intent to distribute 500 grams or more of methamphetamine, United States Attorney Melinda Haag announced.
According to a criminal complaint filed in the case, Antunez, a resident of Winston-Salem, N.C., is alleged to have brought almost 11 pounds of methamphetamine into the United States from Mexico on a commercial flight. The complaint alleges that the drugs were concealed inside a piece of wood furniture in Antunez’s luggage. Alert officers of the U.S. Customs and Border Patrol discovered the drugs during Antunez’s entry into the United States at San Francisco International airport on Dec. 13, 2012.
Antunez was charged by complaint on Dec. 13, 2012. A federal grand jury returned a one-count indictment on Jan. 17, 2013. Antunez appeared in federal court this morning before U.S. Magistrate Judge Laurel Beeler and pleaded not guilty to the felony drug trafficking charge. She is next scheduled to appear in federal court on March 6, 2013, before U.S. District Judge Edward M. Chen.
Antunez faces 10 years to life in prison and a $10 million fine for violating Title 21 of the United Sates Code, sections 841(a)(1) and (b)(1)(A)(viii). However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
The prosecution is the result of an investigation by the U.S. Customs and Border Patrol and the Department of Homeland Security’s Investigations division.
Please note: an indictment contains only allegations against an individual, and as with all defendants, Antunez must be presumed innocent unless and until proven guilty.
(Naomi Antunez Indictment )
Bay Area Nurse Sentenced to 27 Months in Prison for Misuse of A Social Security Number, Bank Fraud and Tax EvasionRead the Press Release
SAN FRANCISCO – Crystal Ann Poole was sentenced to 27 months in prison today for tax evasion, bank fraud and Social Security fraud, United States Attorney Melinda Haag, Assistant Attorney General of the Justice Department’s Tax Division Kathryn Keneally, and IRS Special Agent in Charge Jose M. Martinez announced. U.S. District Judge Susan Illston ordered Poole to serve three years supervised release following her prison term and to pay $476,444.08 in restitution -- $400,197 to the IRS for the tax loss, $43,822.90 to the Community Bank of Mississippi for the loss associated with the bank fraud, and $32,424.18 to Wells Fargo for the loss associated with Poole’s misuse of a Social Security number.
Poole pled guilty to tax evasion, bank fraud and Social Security fraud on Sept. 10, 2012. According to court documents, Poole evaded taxes on more than $1.27 million in income that she earned from 1994 through the present as a registered nurse. During her career as a nurse, Poole failed to file returns with the IRS, failed to pay her taxes, used the Social Security number of another individual to hide income and assets, and filed false documents with her employers to stop them from withholding taxes from her wages.
According to the plea agreement, Poole committed bank fraud in 2006 when she applied for a loan of $335,000 from the Community Bank of Mississippi to buy a home in Florence, Miss. In her loan application, Poole misrepresented her financial circumstances by omitting debts and supplying a false Social Security number to conceal a then-pending bankruptcy and at least $150,000 in outstanding debts under her true Social Security number. Poole also submitted a falsified Form W-2, Wage and Tax Statement, that purported to be from her employer. This fraudulent document overstated her income and again listed a false Social Security number. Based on her fraudulent loan application, the bank approved the loan. Poole ultimately stopped making payments on the loan, resulting in foreclosure and a loss to the bank of $43,822.90.
According to the plea agreement, in 2007 Poole committed Social Security fraud when she used the Social Security number of an Alabama schoolteacher to obtain a $30,158.63 loan to purchase a Lexus. Poole ultimately stopped making payments on the car loan, resulting in a loss to Wells Fargo of $32,424.18. Poole purchased the schoolteacher’s Social Security number before 2003, when she was living in Georgia. Since then, Poole has used the schoolteacher’s Social Security number to open and maintain bank accounts, hold property, and purchase assets. In using the schoolteacher’s Social Security number, Poole intended to conceal the nature, extent, and location of her assets from the IRS.
Brian Bailey and Katherine Wong, Trial Attorneys with the United States Department of Justice, Tax Division, prosecuted the case. The case was investigated by the Internal Revenue Service, Criminal Investigation.
(Poole Indictment )
Eureka Man Pleads Guilty to Intent to Distribute Heroin, Possession of Firearms in Furtherance of Drug TraffickingRead the Press Release
SAN FRANCISCO – Robert Wildman, 31, pleaded guilty in federal court in San Francisco yesterday afternoon to one count of possession with intent to distribute heroin and one count of possession of firearms in furtherance of a drug trafficking crime, announced United States Attorney Melinda Haag.
During yesterday’s plea hearing before U.S. District Court Judge Richard Seeborg, Wildman admitted that on Aug. 22, 2012, he was sitting in the driver’s seat of a Jeep Grand Cherokee in a parking lot when he was approached by a Eureka Police Department officer. As the police officer walked towards Wildman’s vehicle, Wildman drove off through the parking lot and then led the officer on a chase through residential streets and onto Highway 101. The chase lasted approximately 30 minutes. Wildman admitted that he ran through red lights and stop signs and also drove into oncoming traffic during the chase. Also during the chase, Wildman threw a loaded M-11 pistol out of the window of his vehicle. Wildman was eventually apprehended after he ran over a spike strip that officers had set up on the highway. Wildman admitted that he knowingly possessed the SKS assault rifle and 19.6 grams of heroin that officers located in his vehicle.
Wildman has been in custody since his arrest. He is scheduled to be sentenced on April 2, before Judge Richard Seeborg in San Francisco. At sentencing, Wildman will face a minimum mandatory sentence of five years and a maximum sentence of life in prison, a fine of up to $1 million and a maximum term of life on supervised release.
The case is being prosecuted by Assistant U.S. Attorney Randy Luskey with the assistance of Daniel Charlier-Smith. This case was investigated by the Federal Bureau of Investigation’s Eureka Resident Agency and the Eureka Police Department.
(Robert Wildman Information )
International Hedge Fund Founder Sentenced to 12 Years in Prison for Investment FraudRead the Press Release
SAN JOSE, Calif. – An international hedge fund founder was sentenced today to 12 years in prison for wire fraud arising out of a white collar investment fraud scheme that defrauded multiple investors out of millions of dollars, United States Attorney Melinda Haag announced.
Following a three week trial, a federal jury on June 20, 2012, convicted Albert Ke-Jeng Hu, 51, formerly of Fremont, Calif., and Hong Kong, of seven counts of wire fraud in violation of Title 18, United States Code, Section 1343. Evidence at trial showed that Hu carried out an investment fraud scheme from 2002 to 2008 that defrauded multiple investors of millions of dollars. Hu founded and operated hedge funds under the names Asenqua Beta Fund and Fireside LS Fund out of locations in San Francisco, Sunnyvale and Singapore. Hu lied to investors by telling them that he had more than $200 million in his hedge funds and that they would receive rates of return as high as 20 to 30 percent a year. Hu also lied about entities that were supposedly affiliated with his hedge funds, such as a prominent law firm, an auditing firm, a hedge fund administrator and a chief financial officer. In reality, none of those entities ever had any connection with Hu’s hedge funds. Evidence at trial showed that Hu targeted prominent members of the Chinese-American business community in Silicon Valley as part of his investment fraud scheme. Ultimately, Hu invested virtually none of his investors’ money, instead diverting it to pay his own personal expenses as well as prior investors and others.
In sentencing Hu, U.S. District Court Judge Ronald M. Whyte emphasized the sophistication of Hu’s fraudulent scheme that “took a lot of money from a group of people and had a major impact on their lives." In imposing sentence, Judge Whyte also stressed the need “to send a message that this type of fraud should not be tolerated.”
Hu has been in custody since his arrest in Hong Kong on March 17, 2009. After the United States successfully obtained Hu’s extradition from Hong Kong, former United States Magistrate Judge Patricia V. Trumbull in 2009 granted the United States motion to have Hu detained pending trial as a flight risk. Judge Whyte also sentenced the defendant to three-year period of supervised release and ordered a hearing on restitution to take place on March 18, 2013.
Assistant United States Attorneys Joseph Fazioli and Timothy Lucey prosecuted the case with the assistance of Legal Assistants Nina Burney and Kamille Singh and Paralegal Specialist Lakisha Holliman. The prosecution is the result of a multi-year investigation by the Federal Bureau of Investigation. The United States Attorney’s Office recognizes the substantial and valuable assistance in this matter of the San Francisco Regional Office of the Securities and Exchange Commission and the Office of International Affairs of the Department of Justice.
This prosecution is part of efforts underway by President Barack Obama’s Financial Fraud Enforcement Task Force. President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes. For more information about the task force visit: www.stopfraud.gov.
(Albert Hu Indictment )
San Francisco Man Sentenced to 135 Months in Prison for Transportation of Child PornographyRead the Press Release
SAN FRANCISCO – Stephen Leone was sentenced today to 135 months in prison and ordered to pay $15,000 in restitution for transportation of child pornography, United States Attorney Melinda Haag announced.
Leone pleaded guilty on Oct. 12, 2012, to a one-count Information charging him with violating 18 U.S.C. § 2252(a)(1), transportation of child pornography. According to the plea agreement, Leone admitted that on Nov. 27, 2011, he made a video recording of a minor victim that he then transported to other electronic devices and media, and that he knew the video recording depicted conduct that qualifies as child pornography under federal law.
Leone, 50, of San Francisco, was indicted by a federal grand jury on June 7, 2012. He was charged with producing child pornography on two occasions, in approximately November 2011 and February 2012. He has been in continuous custody since his arrest by San Francisco police officers on April 22, 2012.
The sentence was handed down by U.S. District Court Judge Jeffrey S. White following a guilty plea to one count in violation of 18 U.S.C. § 2252(a)(1) (transportation of child pornography). Judge White also sentenced the defendant to a five-year period of supervised release, and ordered that he pay $15,000 in restitution to his minor victim.
Owen Martikan is the Assistant U.S. Attorney who prosecuted the case with the assistance of Rosario Calderon. The prosecution is the result of a three-month investigation by the San Francisco Police Department and the Federal Bureau of Investigation.
(Leone filed information )
Philadelphia Woman Pleads Guilty to Defrauding PaymateRead the Press Release
SAN JOSE, Calif. – Vernina Adams pleaded guilty in federal court in San Jose yesterday to one count of wire fraud and one count of aggravated identity theft, United States Attorney Melinda Haag announced.
In pleading guilty, Adams admitted that, beginning in March 2010 and continuing to approximately June 2010, she carried out a scheme to defraud Paymate, a credit card processing company located in Woodside, Calif., that processes payments for individuals who buy and sell goods on the Internet. Adams admitted that she created several fictitious businesses on the Internet using the names of other individuals, several of whom she knew to be real people. The fictitious businesses included slickmix.net, opened in the name of victim M.T.; and nicksonrental.com, opened in the name of victim T.N. In order to give the appearance of legitimacy to the fictitious Internet businesses, Adams opened e-mail accounts in those victims’ names with Internet service providers such as Yahoo!.
In addition, Adams admitted that she opened Paymate and bank accounts with MetaBank for each fictitious business in the victims’ true names and, using their identities, linked those bank accounts to designated Paymate accounts. For example, Adams admitted that she knew that victim T.N. was a real person, and she used T.N’s true name, social security number and date of birth to open a Paymate account that was linked to the fictitious business nicksonrental.com. After opening Paymate and bank accounts, Adams admitted that she used her own debit and credit cards as well as debit and credit cards belonging to her relatives and friends to pretend to purchase goods and services in amounts ranging from $1,000 to $7,000 from the fictitious businesses.
Adams admitted that, after Paymate deposited funds from the fictitious sales into the bank accounts associated with the businesses, she immediately withdrew the fraudulently-acquired funds from various automated teller machines in Pennsylvania. After several weeks, she contacted the credit card companies for the credit card that she used to initiate the fraudulent transaction to report that she had not received the goods or services. She also instructed her friends and relatives to report to credit card companies for the cards that were used to initiate the fraudulent transactions that they had not received the goods or services. The credit card companies then initiated a charge-back on the credit cards. When Paymate attempted to reclaim the funds from the bank accounts associated with the fictitious businesses, there were insufficient funds in the accounts because Adams had withdrawn all of the money from the purported sales.
Furthermore, Adams admitted using e-mail accounts linked to the fictitious businesses to communicate with Paymate regarding, among other things, payments from fictitious sales. Specifically, on July 7, 2010, she posed as victim M.T., whose name she had used to create the fictitious business slickmix.net, and e-mailed Paymate employee G.Q. using e-mail address [email protected]. Adams admitted making false statements in the e-mail to induce Paymate to make payments on fraudulent transactions associated with slickmix.net.
Finally, Adams admitted that she conducted approximately 15 other fraudulent transactions involving Paymate, and agreed that the loss to Paymate was over $70,000, but less than $120,000.
Adams, 31, of Philadelphia, Penn., was indicted by a federal Grand Jury on July 25, 2012. She was charged with five counts of wire fraud, in violation of 18 U.S.C. § 1343, and two counts of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1)(A) and 1028A(c)(5). Under the plea agreement, Adams pled guilty to one count of wire fraud and one count of aggravated identity theft.
The sentencing of Adams is scheduled for April 24, 2013, before Judge Lucy H. Koh in San Jose. The maximum statutory penalty for each count of wire fraud, in violation of 18 U.S.C. § 1343 is 20 years in prison, and a fine of $250,000 plus restitution. The maximum statutory penalty of each count of aggravated identity theft, in violation of 18 U.S.C. §§ 1028A(a)(1)(A) and 1028A(c)(5) is a mandatory consecutive sentence of two years in prison, and a fine of $250,000 plus restitution. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Susan Knight is the Assistant U.S. Attorney who is prosecuting the case with the assistance of legal techs Elise Etter and Kamille Singh. The prosecution is the result of a one-year investigation by the Federal Bureau of Investigation.
Four Defendants Indicted for Committing A Home Invasion Robbery Dressed as Police OfficersRead the Press Release
SAN FRANCISCO – Four Northern California residents were charged by a federal grand jury in San Francisco with robbery affecting interstate commerce, conspiracy to commit robbery affecting interstate commerce, possession of a firearm in furtherance of the robbery, conspiracy to possess with the intent to distribute marijuana, impersonating an officer and making a search or arrest while impersonating an officer, United States Attorney Melinda Haag announced.
Michael Puckett, 45, of Petaluma, Calif., made his initial appearance in federal court this morning and has been detained. He is next scheduled to appear in court tomorrow for identification of counsel. Terry Jacksen, 46, also of Petaluma, Eric Mendonca, 43, of Lake County, Calif., and Jack Pollack, 54 of Lake County, made their initial appearances yesterday. Mendonca was released on a $50,000 bond. Jacksen and Pollack remain in custody.
According to the indictment and criminal complaint, the defendants conspired to commit a home invasion robbery in Lake County, Calif., on Oct. 4, 2012. On that date, Pollack cased a residence before Jacksen, dressed up as a Lake County Sheriff’s Office Deputy carrying a holstered revolver and wearing a white cowboy hat, knocked on the door and informed the occupants that he was working with the Bureau of Alcohol, Tobacco, Firearms and Explosives and was there to conduct a search. Jacksen then handcuffed and zip-tied the occupants before searching the house and stealing 48 marijuana plants. The complaint alleges that Eric Mendonca, a former Petaluma Police Officer and Lake County Sheriff’s Office Deputy, provided Jacksen with the police uniforms. During a search of Mendonca and Jacksen’s property on Dec. 19, 2012, law-enforcement authorities located a holstered revolver, a set of Lake County Sheriff’s Office handcuffs, a white cowboy hat, various firearms and a cellular telephone containing images of Jacksen and Puckett posing in Lake County Sheriff’s Office uniforms with firearms hours before the robbery. A search of Pollack’s residence uncovered approximately twenty pounds of marijuana.
The charges and the possible prison sentence each defendant faces are as follows:
Jacksen
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
- One count of felon in possession of a firearm: 10 years
Mendonca
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
Pollack
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
- One count of felon in possession of a firearm: 10 years
- One count of possession with the intent to distribute methamphetamine: 40 years, with a five year mandatory minimum
- One count of possession with the intent to distribute marijuana: five years
Puckett
- One count of conspiracy to commit robbery affecting interstate commerce: 20 years for each count
- One count of robbery affecting interstate commerce: 20 years
- One count of possession of a firearm in furtherance of robbery: Life, with a mandatory consecutive minimum term of imprisonment of five years
- One count of conspiracy to distribute or possess with the intent to distribute marijuana: five years
- One count of impersonating an officer: three years
- One count of making a search while impersonating an officer: three years
Each of the defendants pled not guilty to the charges. They are scheduled to appear in federal court in San Francisco at 2 p.m. on Jan. 22, 2012 before United States District Court Judge William Alsup.
Assistant United States Attorney Randy Luskey is prosecuting the case with the assistance of Daniel Charlier-Smith. The prosecution is the result of a joint investigation by the Lake County Sheriff’s Office and the Federal Bureau of Investigation’s Santa Rosa Resident Agency.
Please note, an indictment contains only allegations against an individual and, as with all defendants, those named herein must be presumed innocent unless and until proven guilty.
(Terry Jacksen et al indictment )