Northern District of Indiana
Press releases recorded for this federal judicial district.
Latin Dragon Nation Member Sentenced to 420 Months Imprisonment Following Conviction for Racketeering Conspiracy Including Hammond MurderRead the Press Release
HAMMOND- Manuel Diaz, 29, of Hammond, Indiana, was sentenced by Judge Philip P. Simon to 420 months imprisonment following his guilty plea to conspiracy to participate in racketeering activity as a member of the Latin Dragon Nation street gang, announced U.S. Attorney Kirsch.
According to documents in the case, Manuel Diaz has been a member of the Latin Dragon Nation since 2007. As a member, Diaz participated in several shootings of suspected rival gang members and associates. On September 30, 2017, Diaz drove a vehicle, while accompanied by two other members, in pursuit of a person in another vehicle in Hammond, Indiana. Charles Berrios driving a separate vehicle attempted to interfere with Diaz’s pursuit. As Diaz drove past Berrios’s vehicle, Diaz fatally shot Berrios.
“Manuel Diaz has been a Latin Dragon since his teens and has participated in numerous criminal acts over many years. A lengthy, 35 year sentence is appropriate and should send a strong message that gang activity and associated criminal acts will not be tolerated,” said U.S. Attorney Thomas L. Kirsch II. “Gang members should know that together with our law enforcement partners, my office will continue to investigate and prosecute criminal gang activity. I am grateful to the law enforcement officers and prosecutors that have worked very hard on this case for many years.”
“This lengthy sentence demonstrates how vital partnerships are among local, state and federal law enforcement in the successful investigation and prosecution of gang violence,” remarked Special Agent in Charge Kristen deTineo of the Bureau of Alcohol, Tobacco, Firearms and Explosives in the Chicago Field Division. “We applaud the United States Attorney’s Office for their unwavering commitment to prosecute these violent offenders and sending the strong message that violence will not be tolerated in our communities.”
"Gang violence on our communities’ streets needlessly endangers innocent citizens, and today’s sentencing demonstrates that there are severe consequences for these crimes,” said Federal Bureau of Investigation Special Agent in Charge Emmerson Buie, Jr. “This sentence is the result of the tireless efforts of a multitude of law enforcement and prosecutorial agencies, and we will continue partnering to ensure that our neighborhoods remain a safe place for families to live and grow."
This case is the result of the investigative efforts of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Chicago Police Department Criminal Enterprise Unit; the Cook County Sheriff’s Office; the Bartlett Police Department; the Hammond Police Department; the East Chicago Police Department; the Merrillville Police Department; the Hobart Police Department; the Lake County Sheriff’s Department; and the Calumet City Police Department, with assistance from the Lake County, Indiana Prosecutor’s Office, the Cook County, Illinois State’s Attorney’s Office, the Indiana Department of Corrections, and the Illinois Department of Corrections. This case is being prosecuted by Assistant U.S. Attorneys Joseph A. Cooley and Kevin F. Wolff and Special Assistant U.S. Attorney Michael J. Toth, with prior assistance from the Criminal Division’s Organized Crime and Gang Section Trial Attorneys Robert Tully, Andrew Creighton, and Hans Miller.
Man Charged with Murder in Aid of RacketeeringRead the Press Release
HAMMOND- Gustavo Mata, 28, has been charged with murder in aid of racketeering in a criminal complaint, announced U.S. Attorney Kirsch.
According to the criminal complaint, on July 1, 2012, in Chicago, Illinois, Gustavo Mata shot and killed Kelly Vann, age 49, who was mistakenly believed to be a rival gang member, in order to increase his position in the Latin Dragon street gang. The Latin Dragon Nation is a criminal street gang that originated in Chicago and spread to other areas, including the Northern District of Indiana. Members and associates of the Latin Dragon Nation allegedly engage in acts of violence, including murder, attempted murder, witness tampering, and assault, to protect the gang’s power, territory, and operations.
“Gang violence, like the acts charged today, will not be tolerated and will be aggressively prosecuted by my office,” said U.S. Attorney Thomas L. Kirsch II. “Senseless acts of gang violence like this have to stop and until they do, we will continue to pursue those who engage in these acts.”
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is the result of the investigative efforts of the Federal Bureau of Investigation; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Chicago Police Department Criminal Enterprise Unit; the Cook County Sheriff’s Office; the Bartlett Police Department; the Hammond Police Department; the East Chicago Police Department; the Merrillville Police Department; the Hobart Police Department; the Lake County Sheriff’s Department; and the Calumet City Police Department, with assistance from the Lake County, Indiana Prosecutor’s Office, the Cook County, Illinois State’s Attorney’s Office, the Indiana Department of Corrections, and the Illinois Department of Corrections. This case is being prosecuted by Assistant U.S. Attorneys Joseph A. Cooley and Kevin Wolff and Special Assistant U.S. Attorney Michael J. Toth, with assistance from the Criminal Division’s Organized Crime and Gang Section Trial Attorney Hans Miller.
Illinois Man Sentenced to over 17 Years in PrisonRead the Press Release
HAMMOND- Philip A. Rice, 44, of Dolton, Illinois was sentenced before U.S. District Court Judge Philip Simon upon his plea of guilty to production of child pornography, announced U.S. Attorney Kirsch.
Mr. Rice was sentenced to 210 months in prison followed by 5 years supervised release.
According to documents in the case, the defendant induced a minor female to engage in sexually explicit activity online via Facebook Messenger on multiple occasions when the female was between the ages of 10 to 12 years old. Law enforcement learned about the incident when a concerned citizen found the defendant’s abandoned mobile phone at a strip club in Indiana and reported it to police after finding disturbing images of child pornography on the device. Further forensic investigation revealed that the defendant possessed over 200 images of child pornography.
“Mr. Rice received a long prison sentence today for preying on children to satisfy his devious urges,” said U.S. Attorney Thomas L. Kirsch II. “We have always been very active in arresting and prosecuting those who commit crimes against children and this will continue.”
This case was investigated by Homeland Security Investigations and the Federal Bureau of Investigations with the assistance of the Indiana State Police and Lake Station Police. This case is being prosecuted by Assistant United States Attorneys Molly Kelley and Abizer Zanzi.
Fort Wayne Man Charged in Criminal ComplaintRead the Press Release
FORT WAYNE- Luis Rodriguez-Solorio, 22, of Fort Wayne, Indiana, was charged in a criminal complaint with possessing a firearm as a previously convicted felon and possessing an unregistered machinegun, announced U.S. Attorney Kirsch.
The affidavit supporting the criminal complaint alleges that on May 28, 2020 police viewed a social media post on an account belonging to Luis Rodriguez-Solorio. The post contained a video showing a man firing a fully automatic pistol. The caption on the video offered the fully automatic Glock pistol for sale. On the evening of May 28, 2020, officers with the Fort Wayne Police Department attempted a traffic stop on a vehicle driven by Rodriguez-Solorio. Rodriguez-Solorio led police on a high-speed pursuit before eventually crashing on the 7400 block of Beaty Avenue in Fort Wayne, Indiana. Rodriguez-Solorio was apprehended and later told police that he had a fully automatic .45 caliber Glock pistol with multiple extended magazines. Rodriguez-Solorio assisted law enforcement in recovering the pistol. Law enforcement confirmed that the pistol is fully automatic and that it is classified as a machinegun under federal law which required that it be registered in the National Firearm Registration and Transfer Record. A records check revealed that the machinegun was not registered to Rodriguez-Solorio. Additionally, Rodriguez-Solorio is federally prohibited from possessing firearms, as he has previously been convicted of felony burglary of a dwelling.
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department with assistance from the Indiana State Police and the Auburn Police Department. This case is being prosecuted by Assistant United States Attorney Sarah E. Nokes.
Man Charged in Criminal Complaint with Possessing a Firearm as a FelonRead the Press Release
HAMMOND- Schickell Best, 32, of Gary, Indiana, was charged in a criminal complaint with possessing a firearm as a previously convicted felon, announced U.S. Attorney Kirsch.
The affidavit supporting the criminal complaint alleges that on May 26, 2020, in Merrillville, Indiana, Lake County Police performed a traffic stop on a vehicle driven by Best. Police recovered two firearms from the vehicle. Best has a prior federal felony conviction for possessing a firearm as a felon and a prior state felony conviction for battery on law enforcement.
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF/HIDTA Task Force and Lake County Police Department. This case is being prosecuted by Assistant United States Attorneys Kevin F. Wolff and Caitlin M. Padula.
Man Charged in Criminal Complaint with Making False Statements to Purchase FirearmsRead the Press Release
HAMMOND- Kyle Jackson, 34, was charged in a criminal complaint with making materially false statements in connection with the purchase of firearms from a firearms dealer, announced U.S. Attorney Kirsch.
The affidavit attached to the criminal complaint alleges that on November 23, 2019, Jackson made a false statement about his current residence address while purchasing a firearm at a federally licensed firearms dealer in Schererville, Indiana, stating on an ATF Form 4473 that he lived at one residence in Gary, Indiana, when in fact he lived at a different Gary location. On January 2, 2020, this firearm was recovered by law enforcement in Chicago, Illinois. On May 22, 2020, Jackson made another false statement about his residence address in purchasing three additional firearms from this firearms dealer, and law enforcement made contact with Jackson directly after he purchased these firearms.
“My office is working closely with the ATF to identify individuals making false statements when buying firearms to prevent these illegal purchases,” said U.S. Attorney Kirsch. “We will continue to use all tools and charges available to us to prevent firearms from ending up in the wrong hands.”
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case is being prosecuted by Assistant United States Attorney Nicholas J. Padilla.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
Fort Wayne Man Sentenced to 188 months in PrisonRead the Press Release
FORT WAYNE – Steven Smith, age 59, of Fort Wayne, Indiana, was sentenced before U.S. District Court Judge Holly A. Brady following his plea of guilty to attempting to distribute one kilogram or more of heroin, announced U.S. Attorney Kirsch.
Smith was sentenced to 188 months in prison followed by 10 years of supervised release.
According to documents presented in this case, in August of 2014, Mr. Smith coordinated a two-kilogram heroin transaction with an undercover employee with the FBI; however, Smith was arrested just prior to the deal. This case is Smith’s fifth conviction for drug dealing, and he was classified at sentencing as a career offender.
“The hard work of FBI special agents and task force officers prevented Smith from distributing massive quantities of dangerous heroin on the streets of Fort Wayne and northeastern Indiana,” said U.S. Attorney Kirsch. “We have a great coordinated partnership throughout the Northern District of Indiana and will continue to prosecute those who seek to flood our streets with dangerous and illegal narcotics.”
The case was investigated by the Federal Bureau of Investigation’s Safe Streets Gang Task Force, which includes the FBI, Indiana State Police, Allen County Sheriff’s Department, and Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Anthony W. Geller.
Fort Wayne Man Sentenced to 92 Months in PrisonRead the Press Release
FORT WAYNE – William Watson, age 40, of Fort Wayne, Indiana, was sentenced before U.S. District Court Judge Holly A. Brady following his plea of guilty to being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Watson was sentenced to 92 months in prison followed by 2 years of supervised release.
According to documents presented in this case, on January 18, 2019, Mr. Watson possessed a firearm after previously being convicted of three prior felony convictions, all in Allen County Superior Court. The three prior state felony offenses were as follows: November 2004 for dealing cocaine or narcotic drug; March 2009 for resisting law enforcement; and December 2015 for residential entry.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Stacey R. Speith.
Man Sentenced to 100 months in PrisonRead the Press Release
FORT WAYNE – Ala El Bashatly, age 41, of Vancouver, British Columbia, Canada, was sentenced before U.S. District Court Judge Holly A. Brady following his plea of guilty for traveling into the United States for the purpose of engaging in illicit sexual conduct with a minor, announced U.S. Attorney Kirsch.
Bashatly was sentenced to 100 months in prison followed by 5 years of supervised release.
According to documents presented in this case, in April 2016, Bashatly travelled from Canada to Fort Wayne, Indiana, for the purpose of engaging in illicit sexual conduct with a 14 year old juvenile. Bashatly picked the juvenile up from her home and took her to a motel where they engaged in sexual conduct. Bashatly was arrested by the Federal Bureau of Investigation in June 2016 when he returned to Fort Wayne. The defendant has been detained since his arrest in June 2016.
The case was investigated by the Federal Bureau of Investigation, with the assistance of Indiana State Police, the Fort Wayne Police Department, the Fort Wayne Sexual Assault Treatment Center, and the Indiana Division of Child Services. The case was prosecuted by Assistant United States Attorney Stacey R. Speith.
Fort Wayne Man Sentenced to over 17 Years in PrisonRead the Press Release
FORT WAYNE – Edwin Calligan, age 42, of Fort Wayne, Indiana, was sentenced before U.S. District Court Judge Holly A. Brady following his conviction by a jury in January 2020 for being a felon in possession of a firearm, importing a detectible amount of 5F-ADB (synthetic cannabinoid) into the United States and attempted possession with intent to distribute 5F-ADB, announced U.S. Attorney Kirsch.
Calligan was sentenced to 210 months in prison followed by 3 years of supervised release.
According to documents presented in this case, in June of 2017, a federal search warrant was executed at Calligan’s residence in Fort Wayne where a firearm was found in addition to ammunition. Calligan has prior felony convictions for Attempted Murder and Criminal Reckleness, that prohibit him from legally possessing a firearm or ammunition. Over the course of the investigation, several parcels were seized by Custom Border Protection, which contained the illegal substance, 5f-ADB that been imported from China/Hong Kong.
“Due to his extensive criminal history, Mr. Calligan was sentenced to a significant prison sentence,” said U.S. Attorney Thomas L. Kirsch II. “This type of sentence should send a message, that if you have a long violent criminal history and are still involved in criminal dealings, you will be held accountable. We have a strong coordinated team of law enforcement professionals that will find, arrest and prosecute you.”
The case was investigated by the Department of Homeland Security Investigations, the Bureau of Alcohol, Tobacco, Firearms and Explosives and United States Custom and Border Protection, with the assistance of United States Postal Inspection Service, Allen County Drug Task Force, Allen County SWAT team, and the Indiana State Police. The case was prosecuted by Assistant United States Attorney Stacey R. Speith.
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Fort Wayne Man & Woman ChargedRead the Press Release
FORT WAYNE – Horia Malutan, age 43 and Kelly Krieger, age 35, both of Fort Wayne, Indiana were charged in a criminal complaint with armed bank robbery, announced U.S. Attorney Kirsch.
According to documents in this case, on December 24, 2019, Malutan, armed with a dangerous weapon, allegedly forced his way into a bank located on Lower Huntington Road. Once inside, he demanded to be taken to the vault where he had employees fill a bag with money. Once the bag was filled with cash, he ordered the employees to lay down in the vault while he exited the bank. He was later identified through a tip that was received by police. It is also alleged that, Kelly Krieger, the bank manager, had assisted in the planning, thus aiding and abetting the robbery. Over $220,000.00 was taken during the robbery.
US Attorney Kirsch said, “I commend the efforts of the FBI along with our state and local law enforcement partners in solving this case. Our law enforcement partners are dedicated professionals that work in unison to bring cases like this to justice.”
The United States Attorney’s Office emphasizes that a Criminal Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
The case is being investigated by the Federal Bureau of Investigation Safe Streets Gang Task Force which is comprised of the Fort Wayne Police Department, the Indiana State Police Organized Crime and Corruption Unit and the Allen County Sheriff’s Department. Also assisting in the investigation was the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case is being handled by Assistant United States Attorney Lesley J. Miller Lowery.
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U.S. Attorney Thomas L. Kirsch II Recognizes Police WeekRead the Press Release
HAMMOND- In honor of National Police Week, U.S. Attorney Thomas L. Kirsch II will recognize the service and sacrifice of federal, state, local, and tribal law enforcement. The week will be observed Sunday, May 10 through Saturday, May 16, 2020.
“There is no more noble profession than serving as a police officer,” said Attorney General William P. Barr. “The men and women who protect our communities each day have not just devoted their lives to public service, they’ve taken an oath to give their lives in order to ensure our safety. And they do so not only in the face of hostility from those who reject our nation’s commitment to the rule of law, but also in the face of evolving adversity – such as an unprecedented global health pandemic. This week, I ask all Americans to join me in saying ‘thank you’ to our nation’s federal, state, local, and tribal law enforcement officers. Their devotion and sacrifice to our peace and security will not be taken for granted.”
“We salute and honor those brave men and women of federal, state, county, local, and tribal law enforcement agencies that respect and enforce the rule of law and who put their lives on the line every day so that Americans can safely live in peace. Being a law enforcement officer is a tough job, and this week we pay tribute and recognize those we have lost while courageously acting in the line of duty.”
In 1962, President Kennedy issued the first proclamation for Peace Officers Memorial Day and National Police Week to remember and honor law enforcement officers for their service and sacrifices. Peace Officers Memorial Day, which every year falls on May 15, specifically honors law enforcement officers killed or disabled in the line of duty.
Each year, during National Police Week, our nation celebrates the contributions of law enforcement from around the country, recognizing their hard work, dedication, loyalty and commitment to keeping our communities safe. This year the COVID-19 pandemic has underscored law enforcement officers’ courage and unwavering devotion to the communities they swore to serve.
Based on data collected and analyzed by the FBI’s Law Enforcement Officer Killed and Assaulted (LEOKA) Program, 89 law enforcement officers died nationwide in the line of duty in 2019.
Comprehensive data tables about these incidents and brief narratives describing most of the fatal attacks are included in the sections of Law Enforcement Officers Killed and Assaulted, 2019.
The names of the fallen officers who have been added in 2020 to the wall at the National Law Enforcement Memorial will be read on Wednesday, May 13, 2020, during a Virtual Annual Candlelight Vigil. Because public events have been suspended as a result of COVID-19, the vigil will be livestreamed to the public at 8:00 pm (EDT). The online event can be viewed at https://www.youtube.com/user/TheNLEOMF.
Man Charged in Criminal ComplaintRead the Press Release
HAMMOND- Jarron Price, 27, was charged in a criminal complaint with possessing a firearm as a previously convicted felon, announced U.S. Attorney Kirsch.
The criminal complaint alleges that on May 7, 2020, at approximately 11:15 p.m. on Calumet Avenue in Hammond, police observed a vehicle traveling at a high rate of speed, swerving around vehicles and almost striking them. After stopping the vehicle, police observed the front seat passenger, later identified as Jarron Price, reaching toward his left side area. Police ordered Price out of the vehicle and observed a firearm on top of the passenger seat where he had been sitting. Price has a prior felony conviction for armed violence.
“We continue to remain focused on reducing gun crime in the Northern District of Indiana,” said United States Attorney Thomas L. Kirsch II. “Our law enforcement partners are in constant coordination with my office to investigate and prosecute prohibited persons from having firearms.”
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF HIDTA Task Force and Hammond Police Department. This case is being prosecuted by Assistant United States Attorney Caitlin M. Padula.
Fort Wayne Woman Sentenced to 70 MonthsRead the Press Release
FORT WAYNE – Jamie Lynn Lantz, age 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for distribution of fifty grams or more of methamphetamine, announced U.S. Attorney Kirsch.
Lantz was sentenced to 70 months in prison followed by 2 years of supervised release.
According to documents in this case, on February 25, 2019, a confidential informant (CI) working with the Fort Wayne Police Department (FWPD) had contact with Lantz, who offered to sell the CI two ounces of methamphetamine. The CI and a FWPD Narcotics detective met Lantz later that evening at a location in downtown Fort Wayne, Indiana, where the CI provided Lantz $1,100.00 to purchase the methamphetamine. Lantz proceeded to meet with the CI and detective at a gas station in Fort Wayne, where she gave the CI a pouch containing two baggies of a crystal substance. The substance was tested and was found to be 55.4 grams of 100% pure crystal methamphetamine.
The case was investigated by the Drug Enforcement Administration and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Sarah E. Nokes.
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Fort Wayne Man Sentenced to 92 Months in PrisonRead the Press Release
FORT WAYNE – Lonnie J. Gardner, Jr. 32 years old, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after pleading guilty to Hobbs Act robbery, announced U.S. Attorney Kirsch.
Gardner was sentenced to 92 months in prison followed by 2 years of supervised release. The Court also ordered restitution in the amount of $10,998.00
According to documents in the case, Lonnie J. Gardner, Jr was arrested after a traffic stop on February 2, 2018. A joint investigation by federal and local law enforcement revealed that on January 5, 2018, at approximately 10:00 a.m., a suspect, later identified as Gardner, armed with a handgun and wearing a fake brown beard and a hat, robbed the Fort Financial Credit Union located inside of a Fort Wayne Meijer store. A total of $1,776.00 was taken during the robbery. The suspect, was seen fleeing in a black Jeep Commander.
Shortly thereafter, officers with the Allen County Police Department saw a black Jeep Commander similar to the getaway vehicle within one mile of the Meijer store. A traffic stop was conducted and the driver of the black Jeep Commander was identified as Lonnie Gardner, Jr. From a search of the Jeep Commander, law enforcement had seen a blue puffy coat and a camouflage stocking hat in the back seat. Officers also observed a receipt dated January 5, 2018, from a finance company near the Meijer store evidencing a payment made on the Jeep Commander. Detectives were able to later confirm that after robbing the Fort Financial Credit Union on January 5, 2018, Gardner went to that finance company and made a $400.00 payment on the Jeep Commander with a portion of the proceeds from the bank robbery.
Additionally, on January 10, 2018, at approximately 2:10 p.m., a suspect, later identified as Gardner, armed with a handgun, robbed the Wal-Mart Customer Service Center located inside an Auburn, Indiana Wal-Mart. A total of $4,457.00 was taken during this robbery. After the robbery, the suspect fled and was seen on surveillance video being picked up by another individual driving a black pickup truck.
After his arrest, Gardner admitted to his involvement in the two robberies.
This investigation was conducted by the Federal Bureau of Investigation, the Indiana State Police Special Investigations Section, the Allen County Police Department, the Fort Wayne Police Department, and the Auburn Police Department. This case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
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Fort Wayne Man ChargedRead the Press Release
FORT WAYNE – Henry E. Underwood, age 26, of Fort Wayne, Indiana was charged in a criminal complaint, filed yesterday, with being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
According to documents in this case, in December 2019, local police officers were dispatched to a residence after receiving a complaint of vandalism by gunfire. Officers arrived at the location and learned that an individual with the street name “Heezy” was the shooter. “Heezy” also known as Henry E. Underwood was located by police and at that time, police also recovered a firearm matching the description of the gun used by the shooter. Shell casings collected from the scene were identified as being fired from the firearm. A firearm similar to the one recovered by police is displayed in a video which showed two other individuals and Underwood also holding a loaded firearm magazine. Underwoood is a convicted felon, having been sentenced to 4 years in prison for a 2014 conviction for corrupt business practices.
United States Attorney Thomas L. Kirsch said, “We continue to remain focused on reducing gun crime in the Northern District of Indiana. This case is an excellent example of our coordination with ATF in partnership with the Fort Wayne Police and the Indiana State Police.”
The United States Attorney’s Office emphasizes that a Criminal Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
The case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Fort Wayne Police Department with the assistance of the Indiana State Police Forensic Lab. The case is being handled by Assistant United States Attorney Stacey R. Speith.
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DOJ Increases Efforts to Combat Sexual Harassment in HousingRead the Press Release
HAMMOND- U.S. Attorney Thomas L. Kirsch II is asking anyone who has witnessed or experienced sexual harassment by a landlord, property manager, maintenance worker, or anyone with control over housing to report that conduct to the Department of Justice.
The COVID-19 Pandemic has impacted the ability of many people to pay rent on time and has increased housing insecurity. The Department of Justice has heard reports of housing providers trying to exploit the crisis to sexually harass tenants. Sexual harassment in housing is illegal, and the Department of Justice stands ready to investigate such allegations and pursue enforcement actions where appropriate.
“Exploiting tenants or those in need of housing during a pandemic is horrendous conduct,” said U.S. Attorney Thomas L. Kirsch, II. “Many landlords and communities have come together to support those that are in financial trouble and to that I applaud you. My message should be clear, to those who which to use this pandemic to take advantage of and sexually victimize your tenants or others seeking housing, you will be held accountable.”
“The Fair Housing Act authorizes the U.S. Department of Justice take swift action against anyone who sexually harasses tenants,” said Eric Dreiband, Assistant Attorney General for Civil Rights. “Landlords, property owners, and others who prey on vulnerable tenants during the COVID-19 pandemic should be on notice. We will bring the full resources of the United States Department of Justice to the fight against sexual harassment in housing. We will defend the right of tenants and their families to live peacefully and securely in their homes without the added stress, pain, fear, and turmoil of dealing with sexual predators.”
The Justice Department’s Sexual Harassment in Housing Initiative is an effort to combat sexual harassment in housing led by the Civil Rights Division, in coordination with U.S. Attorney’s Offices across the country. The goal of the Initiative is to address sexual harassment by landlords, property managers, maintenance workers, loan officers or other people who have control over housing.
Launched in 2017, the Initiative has filed lawsuits across the county alleging a pattern or practice of sexual harassment in housing and recovered millions of dollars in damages for harassment victims. The Justice Department’s investigations frequently uncover sexual harassment that has been ongoing for years. Many individuals do not know that being sexually harassed by a housing provider can violate federal law or that the Department of Justice may be able to help.
The Department of Justice, through the Civil Rights Division and the U.S. Attorney’s Offices, enforces the Fair Housing Act, which prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin, and disability. Sexual harassment is a form of sex discrimination prohibited by the Act.
The Department encourages anyone who has experienced sexual harassment in housing, or knows someone who has, to contact the Civil Rights Division by calling (844) 380-6178 or emailing [email protected].
Individuals who believe they may have been victims of discrimination may also contact the U.S. Attorney’s Office for the Northern District of Indiana by reaching out to Assistant United States Attorney Deborah Leonard at 260-310-8987.
Individuals may also file a complaint alleging harassment or discrimination in housing with the Department of Housing and Urban Development through HUD’s website or by calling (800) 669-9777.
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Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
HAMMOND – U.S. Attorney Thomas L. Kirsch II joins the Department of Justice and communities nationwide in observing National Crime Victims’ Rights Week, celebrating victims’ rights, protections and services throughout the week. This year’s observance takes place April 19-25 and features the theme, “Seek Justice| Ensure Victims' Rights | Inspire Hope.”
“Every year, millions of Americans suffer the shock and trauma of criminal victimization, affecting their well-being and sense of security and dignity,” said Attorney General William P. Barr. “To these victims, we affirm our unwavering commitment to supporting them in their hour of need. We also commend the thousands of victim advocates and public safety professionals who labor tirelessly to secure victims’ rights and support survivors.”
“Victimization by a criminal act can be an extraordinarily traumatic experience,” said United States Attorney Thomas L. Kirsch. “National Crime Victims’ Rights Week is a time to reaffirm our assurance to victims of all crimes that law enforcement and victim advocates are fighting vigilantly to protect victims’ rights. Victims and those who advocate for them have our steadfast support.”
“While we have made tremendous progress driving down crime and violence across the country, far too many Americans continue to suffer the pain and loss of criminal victimization,” said Katharine T. Sullivan, Principal Deputy Assistant Attorney General of the Office of Justice Programs. “This week, we stand by these survivors and their families, and we pledge our ongoing support to the countless men and women who serve them with such extraordinary skill and compassion.”
Ronald Reagan proclaimed the first Victims’ Rights Week in 1981, putting crime victims' rights, needs, and concerns in a prominent spot on the American agenda. He also established the President's Task Force on Victims of Crime, which laid the groundwork for a national network of services and legal safeguards for crime victims. President Trump and his administration have implemented historic levels of support for victim assistance and victim compensation.
Some 3.3 million Americans age 12 and older were victims of violent crime in 2018, according to the National Crime Victimization Survey. The Office for Victims of Crime (OVC), part of the Justice Department’s Office of Justice Programs, supports more than 7,000 local victim assistance programs and victim compensation programs in every state and U.S. territory. Funds for these programs come from the Crime Victims Fund, which is made up of federal criminal fines, penalties and bond forfeitures.
During National Crime Victims’ Rights Week, victim advocacy organizations, community groups and state, local and tribal agencies traditionally host rallies, candlelight vigils, and other events to raise awareness of victims’ rights and services. This year, many communities are organizing virtual gatherings and online public awareness campaigns.
This year’s commemoration began yesterday, 25 years to the day when a truck bomb exploded in front of the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, taking the lives of 168 people, including 19 children, as well as injuring hundreds of others. The mass murder remains the worst act of domestic terrorism in our nation’s history and led to the establishment of the Antiterrorism Emergency Reserve, which is administered by OVC, and has been used to provide direct services to hundreds of victims of mass violence and terrorism.
“Crime victims deserve to know that they have the encouragement and support of the American people,” said OVC Director Jessica E. Hart. “I hope that citizens throughout the nation will take the opportunity this week to remember all victims of crime and their heroic stories of survival. I encourage everyone to also find meaningful ways to express their appreciation to the many committed and compassionate service providers across the country who work tirelessly supporting these survivors.”
This year, the annual National Crime Victims’ Service Awards Ceremony will be postponed until a time when we can honor this year’s award recipients in person. During the ceremony, OVC will present awards recognizing individuals and organizations from across the nation for their outstanding service on behalf of crime victims. The awardees will be selected from public nominations in 11 categories, including federal service, special courage, public policy, and victim services. Visit www.ovc.gov/gallery to learn more about past recipients.
For more information on how to create your own public campaigns to raise awareness about crime victims’ rights online and at events throughout the year, please visit: https://ovc.ncjrs.gov/ncvrw2020/overview.html.
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Breman, Indiana Man SentencedRead the Press Release
SOUTH BEND - Charles Hartsell, age 48, of Bremen, Indiana was sentenced by United States District Court Judge Damon R. Leichty for conspiracy to sell and dispose of one or more firearms to an unlawful user of controlled substances, announced United States Attorney Thomas L. Kirsch II.
Hartsell was sentenced to 46 months in prison followed by 2 years of supervised release.
According to documents in this case, in February of 2019, Mr. Hartsell met a male associate at the Four Winds South Bend casino, which is located on tribal land of the Pokagon Band of Potawatomi Indians. The two men transferred a .22 rifle and a 9 mm pistol from the associate’s car to Mr. Hartsell’s car. Mr. Hartsell then drove with his associate to a location in South Bend in order to meet a man referred to as “J”, who was known by Mr. Hartsell to be a drug user. Mr. Hartsell tried to sell the two firearms to “J”, but “J” decided not to purchase the two firearms. Mr. Hartsell and his associate then purchased some heroin and methamphetamine from “J” and drove back to the casino. When they arrived back at the casino, Mr. Hartsell and his associate were detained by Pokagon Band tribal police officers. The two firearms were recovered from Mr. Hartsell’s car by police.
“The United States has an important relationship with the Pokagon Band of the Potawatomi Indians and crimes that occur on this federally-recognized tribal land of the Pokagon Band will be taken seriously by my Office,” said U.S. Attorney Thomas L. Kirsch. “We will continue to work in unison with the Pokagon Band to protect the safety of its tribal citizens, while respecting the Pokagon Band’s sovereignty and culture.”
Pokagon Police Chief William Lux said, “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation and is committed to working with our law enforcement partners in the U.S. government to protect all who visit its trust land and to prosecute those who violate the law on Pokagon land. This case is a great example of team work between our officers, Pokagon Tribal Police Investigations Unit and the St. Joseph County Police Department. We appreciate the support of the FBI and U.S. Attorney Kirsch in prosecuting Mr. Hartsell for crimes committed while at Four Winds South Bend, which is on sovereign Pokagon Band land.”
This case was investigated by the FBI and ATF with the assistance of the Pokagon Tribal Police Department and to St. Joseph County Police Department. The case was prosecuted by U.S. Attorney Thomas L. Kirsch II and Assistant U.S. Attorney Luke N. Reilander
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Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address Covid-19 PandemicRead the Press Release
HAMMOND- The Department of Justice today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local and tribal governments to apply immediately for these critical funds. The department is moving quickly to make awards, with the goal of having funds available for drawdown within days of the award.
“Our law enforcement officers are among the frontline responders in this national crisis,” said United States Attorney Thomas L. Kirsch II. “They are the peacekeepers who maintain the rule of law in these uncertain times and they must be protected. Funding like this can go a long way in keeping our public safety professionals safe.”
“This is an unprecedented moment in our nation’s history and an especially dangerous one for our front-line law enforcement officers, corrections officials, and public safety professionals,” said Office of Justice Programs Principal Deputy Assistant Attorney General Katharine T. Sullivan. “We are grateful to the Congress for making these resources available and for the show of support this program represents.”
The solicitation, posted by the Bureau of Justice Assistance in the Justice Department’s Office of Justice Programs (OJP), will remain open for at least 60 days and be extended as necessary. OJP will fund successful applicants as a top priority on a rolling basis as applications are received. Funds may be used to hire personnel, pay overtime costs, cover protective equipment and supplies, address correctional inmates’ medical needs and defray expenses related to the distribution of resources to hard-hit areas, among other activities. Grant funds may be applied retroactively to Jan. 20, 2020, subject to federal supplanting rules.
Agencies that were eligible for the fiscal year 2019 State and Local Edward Byrne Memorial Justice Assistance Grant Program are candidates for this emergency funding. A complete list of eligible jurisdictions and their allocations can be found at https://bja.ojp.gov/program/fy20-cesf-allocations.
For more information about the Coronavirus Emergency Supplemental Funding program, please visit https://bja.ojp.gov/funding/opportunities/bja-2020-18553. For more information about the Office of Justice Programs, please visit https://www.ojp.gov/.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
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Hamilton Woman ChargedRead the Press Release
FORT WAYNE – Suzi Gawel, age 57, of Hamilton, Indiana, was charged by Information with health care fraud and aggravated identity theft, announced U.S. Attorney Kirsch.
According to the Information, Gawel worked as an office manager at a Fort Wayne company that sold durable medical equipment (DME) to clients across northern Indiana. Some of the company’s clients were Medicaid beneficiaries. Through her work, Gawel had access to Medicaid patient information, including patients’ names, addresses, dates of birth, Medicaid ID numbers and treating physician information. From about January 2015 and continuing to about October 2018, Gawel devised a scheme to defraud Medicaid. During this time period, she submitted over 200 reimbursement claims to Indiana Medicaid for DME, including oximetry devices and pneumatic compressors, which were not provided to Medicaid recipients and/or for which they had no medical necessity and/or for which there was no physician order. In total, her scheme defrauded Indiana Medicaid of approximately $646,690.32.
The parties have entered into a plea agreement, which has been filed with the court, to resolve the criminal charges. If this signed plea agreement is accepted by the court, Gawel will pay restitution in the amount of $646,690.32 and will serve a prison sentence, the length of which will be determined by the court at a sentencing hearing.
U.S. Attorney Kirsch said, “Healthcare fraud will not be tolerated. My Office is aggressively working together with our law enforcement partners to identify and prosecute fraud schemes like this one, where criminals steal from the public. Theft from public benefit programs decrease tax dollars available to fund legitimate claims.”
“This individual’s scheme had one purpose - to line her own pockets by defrauding the system,” said Acting Special Agent in Charge Robert Middleton, FBI Indianapolis. “The investigation of health care fraud is a priority for the FBI and our law enforcement partners and we will continue to identify and pursue those who perpetrate this crime.”
The United States Attorney’s Office emphasizes that an Information is merely an allegation and that all persons are presumed innocent until and unless proven guilty in court. If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case was investigated by the Indiana Attorney General’s Medicaid Fraud Control Unit, the Federal Bureau of Investigation Financial Crimes Task Force and the Organized Crime and Corruption Unit of the Indiana State Police. This case is being handled by Assistant United States Attorney Sarah E. Nokes.
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U.S. Attorney urges the public to report suspected COVID-19 fraudRead the Press Release
HAMMOND – In coordination with the Department of Justice, Attorney General William Barr has directed U.S. Attorneys to prioritize the investigation and prosecution of Coronavirus fraud schemes.
“Our mission will not change during this national emergency,” said United States Attorney Thomas L. Kirsch. “We will continue to prosecute criminals, including fraudsters, who wish to prey on our citizens, either by fraud or force. Our law enforcement partnerships remain strong and committed to reducing crime throughout the District.”
Some examples of these COVID-19 schemes include:
- Individuals and businesses selling fake cures for COVID-19 online and engaging in other forms of fraud.
- Phishing emails from entities posing as the World Health Organization or the Centers for Disease Control and Prevention.
- Malicious websites and apps that appear to share Coronavirus-related information to gain and lock access to your devices until payment is received.
- Seeking donations fraudulently for illegitimate or non-existent charitable organizations.
- Medical providers obtaining patient information for COVID-19 testing and then using that information to fraudulently bill for other tests and procedures.
In a memorandum to U.S. Attorneys issued March 19, Deputy Attorney General Jeffrey Rosen also directed each U.S. Attorney to appoint a Coronavirus Fraud Coordinator to serve as the legal counsel for the federal judicial district on matters relating to the Coronavirus, direct the prosecution of Coronavirus-related crimes, and to conduct outreach and awareness activities. The Northern District of Indiana Coronavirus Fraud Coordinator is Assistant United States Attorney Gary Bell.
The public is urged to report any suspected fraud schemes related to COVID-19 (the Coronavirus) to Assistant United States Attorney Gary Bell at 219-937-5656, the Indiana FBI at 317-595-4000, and the report it to the Department of Justice’s National Center for Disaster Fraud by calling the National Hotline at (866) 720-5721 or by via the https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
The NCDF can receive and enter complaints into a centralized system that can be accessed by all U.S. Attorneys, as well as Justice Department litigating and law enforcement components to identify, investigate and prosecute fraud schemes. The NCDF coordinates complaints with 16 additional federal law enforcement agencies, as well as state Attorneys General and local authorities.
To find more about Department of Justice resources and information, please visit www.justice.gov/coronavirus.
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Statement from U.S. Attorney Thomas L. Kirsch IIRead the Press Release
HAMMOND- “We are in the midst of a national emergency. The good citizens of Indiana are concerned. They are concerned about their health, their families and friends, their children’s schools, their jobs, and the economy, among other things. One thing that should not be a concern for our citizens is being a victim of crime, by either fraud or by force. Unfortunately, criminals will attempt to take advantage of this situation in multiple ways. New scams will emerge, particularly those that target the elderly, the sick, and the economically disadvantaged. Ongoing scams will continue, as will violent and property crime.
“During this time, my office will remain open and vigilant. Our mission has not changed. The good women and men of the U.S. Attorney’s Office will continue to serve the community in a steady, professional manner.
“Criminals, including fraudsters, will not find a safe harbor. My office will work closely with our state and local counterparts and with federal, state, and local law enforcement to aggressively pursue and punish criminal wrong doers, especially those who prey upon the most vulnerable during this time. If you considering ways in which to criminally take advantage of our vulnerabilities, I strongly urge you to consider the severe consequences you will face when you are caught.
“To quickly respond to emerging fraud schemes, I have appointed Assistant United States Attorney Gary Bell, who heads the office’s Criminal Division, to coordinate the investigation and prosecution of COVID-19 schemes.
“I strongly encourage anyone with information about fraud schemes to call the Indiana FBI at 317 595-4000 or Assistant United States Attorney Gary Bell of my office at 219 937-5656.”
Duo Convicted of Conspiracy to Distribute Crack Cocaine After Jury TrialRead the Press Release
HAMMOND- Antonio Walton, age 43, and Charles Gould, age 36, both of Gary, Indiana, were convicted, late last night, after a jury trial in the Hammond District Court of conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base, commonly known as crack cocaine, announced United States Attorney Thomas L. Kirsch II.
U.S. District Court Judge Philip P. Simon presided over this 6-day jury trial.
According to documents in this case, from July 2015 through November 2016, Walton and Gould conspired with other individuals in Gary, Indiana, to distribute and possess with intent to distribute crack cocaine. As part of the conspiracy, cocaine was cooked into crack cocaine, packaged for sale, and distributed by members of the conspiracy in Gary’s Glen Park neighborhood, with armed individuals serving as security for the twenty-four hour a day drug operation. During the investigation, law enforcement executed search warrants at five separate locations and recovered approximately 300 grams of crack cocaine packaged for sale, packaging materials, money, paraphernalia used to cook cocaine into crack cocaine, and a 33-page drug ledger. It is estimated that gross drug sales ran into the hundreds of thousands of dollars. Walton has prior felony convictions for dealing in cocaine, distribution of marijuana, and possession of ammunition as a felon.
To date, seventeen other charged members of the conspiracy have been convicted of drug-related offenses in this case.
This case was investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team with the assistance of the Gary and Hobart Police Departments. This case was prosecuted by Assistant United States Attorneys Thomas R. Mahoney and Alexandra McTague.
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Michigan City, Indiana Man Sentenced to 15 Years in PrisonRead the Press Release
SOUTH BEND - William Shaifer, age 34, of Michigan City, Indiana was sentenced in South Bend by United States District Court Judge Damon R. Leichty for possession of firearms by a felon, announced U.S. Attorney Thomas L. Kirsch II.
Mr. Shaifer was sentenced to 180 months in prison followed by 2 years of supervised release.
According to documents in this case, over the course of six days in September of 2018, William Shaifer provided an individual with five firearms, crack cocaine, and marijuana. Shaifer sold two handguns and three long guns, including a MAK-90 rifle with an extended magazine. Shaifer’s prior felony convictions include two separate convictions for dealing cocaine.
This case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the LaPorte County Drug Task Force and the Michigan City Police Department. This case was handled by Assistant United States Attorneys Molly E. Donnelly and Jerome W. McKeever.
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South Bend, Indiana Woman Sentenced to 10 Years in PrisonRead the Press Release
SOUTH BEND - Kayla Hampton, age 28, of South Bend, Indiana, was sentenced in South Bend before United States District Court Judge Jon E. DeGuilio to 120 months in prison for Conspiracy to Distribute Heroin, announced U.S. Attorney Thomas L. Kirsch II.
According to documents in this case, a group of individuals sold heroin between March 2017 through October 2017 in the South Bend and Mishawaka area. Members of the conspiracy shared cellphones to arrange heroin sales. Each would receive pre-packaged heroin from someone in the conspiracy, and then sell it to customers who called the cell phone. Hampton provided heroin and telephones to members of the group during part of those months, collected the proceeds from the sellers and occasionally sold heroin herself. Individual sellers routinely sold ten grams within a few hours or less. Hampton admitted she was responsible for distributing at least one kilogram of heroin, though the group was responsible for distributing over ten kilograms during the life of the conspiracy. Hampton was previously convicted of kidnapping, and she engaged in this heroin distribution conspiracy while awaiting sentencing in that case.
This case was investigated by the Drug Enforcement Administration with the assistance from the St. Joseph County Drug Investigations Unit, the Bureau of Alcohol, Tobacco, Firearms and Explosives, the St. Joseph County Prosecutor’s Office, the Indiana State Police, and the Elkhart Police. Assistant United States Attorneys Joel Gabrielse and Molly Donnelly handled the case.
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Fort Wayne Man Sentenced to 60 Years in PrisonRead the Press Release
FORT WAYNE – Shawn Bacon, 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady to 720 months in prison, followed by a term of supervised release of 10 years announced U.S. Attorney Kirsch.
According to the documents in this case, in August of 2019, Mr. Bacon was convicted after a four day jury trial of two counts of possessing with intent to distribute controlled substances to include more than 500 grams of methamphetamine and more than 400 grams of fentanyl and more than 500 grams of a mixture or substance containing a detectable amount of methamphetamine, being a convicted felon in possession of a firearm, maintaining a drug involved premises, possessing a destructive device and a short barreled rifle not registered to him in the National Firearms Registration and Transfer Record, possessing body armor after having been convicted of a crime of violence, and possessing in furtherance of and carrying during and in relation to the drug trafficking offenses, firearms to include destructive devices, more particularly explosive bombs and a short barreled rifle.
The charges in this case stemmed from the execution of a search warrant at Bacon’s Fort Wayne home in December 2017. The execution of that search warrant resulted in the seizure of 22 firearms from Bacon’s residence and his vehicle. Bacon had at least four prior felony convictions at the time of the search warrant. Some of the firearms recovered were stolen. Bacon was also found in possession of many high capacity magazines, body armor, and various rounds of ammunition in this residence. Bacon was also in possession of unregistered pipe bombs as well as a short barreled rifle. The search warrant also yielded large distribution quantities of methamphetamine, cocaine, heroin, fentanyl and marijuana. At the time of Bacon’s arrest, agents also photographed Bacon’s Aryan Brotherhood tattoos. The drug charges were based on illegal drugs found in the defendant’s home and car.
United States Attorney Kirsch said, “Today’s sentence of 60 years, sends a strong message that my Office and our law enforcement partners will not tolerate the type of criminal activity presented in this case. In Fort Wayne and throughout the District we have an excellent working relationship with federal, state and local agencies that are dedicated to arresting and prosecuting the worst of the worst.”
“The long sentences these violent criminals receive is reassuring to the communities they terrorized that law enforcement is on their side,” commented ATF Assistant Special Agent in Charge Brendan Iber of the Chicago Field Division. “ATF will continue to pursue these serial criminals in collaboration with our local partners and appreciate the diligence the U.S. Attorney’s Office dedicated to bringing this defendant to justice.”
This case is the result of the investigative efforts of the Bureau of Alcohol Tobacco Firearms and Explosives Fort Wayne Resident Office Agents, ATF Explosives Technology Branch, ATF Forensic Chemistry Laboratory, with the assistance of the Fort Wayne Police Department, Fort Wayne Police Department Vice and Narcotics Division, and the Indiana State Police. The case was prosecuted by Assistant U.S. Attorney Lesley J. Miller Lowery.
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Warsaw, Indiana Man SentencedRead the Press Release
SOUTH BEND – Jonathan Roberts, age 33, of Warsaw, Indiana was sentenced before U.S. District Court Judge Damon R. Leichty for possession of child pornography, announced U.S. Attorney Thomas L. Kirsch II.
Roberts was sentenced to 63 months in prison, 5 years of supervised release and ordered to pay $20,000 in restitution.
According to documents in this case, in August of 2017, Roberts possessed a cellular phone that contained videos and images of minors engaged in sexually explicit conduct. Roberts later admitted that the images on the cellular phone he possessed were in fact child pornography.
The case was investigated by the U.S. Department of Homeland Security Investigations and the Federal Bureau of Investigations. The case was prosecuted by Assistant United States Attorney John Maciejczyk.
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South Bend, Indiana Man Convicted by a JuryRead the Press Release
SOUTH BEND - Trent Slone, age 44, of South Bend, Indiana, was convicted of being a felon in possession of a firearm, announced United States Attorney Thomas L. Kirsch II.
U.S. District Court Judge Jon E. DeGuilio presided over this two-day trial in South Bend.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance from the Drug Enforcement Administration and the St. Joseph County Drug Investigations Unit. Assistant United States Attorneys for the Northern District of Indiana, Joel Gabrielse and Jerry McKeever, prosecuted the case.
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Elkhart, Indiana Man Sentenced for Making Pipe BombsRead the Press Release
SOUTH BEND - Lee Underwood, age 28, of Elkhart, Indiana, was sentenced in South Bend before United States District Court Judge Damon R. Leichty for making destructive devices, announced U.S. Attorney Thomas L. Kirsch II.
Underwood was sentenced to 51 months in prison followed by 3 years of supervised release.
According to documents in this case, in late 2017 to early 2018, Underwood made at least five to six pipe bombs while he was a user of methamphetamine and other controlled substances. Someone threw the pipe bombs out of a car and they remained near a busy intersection for several weeks. On several occasions, Underwood fled police, including once when a passenger in the vehicle he was driving shot at a police car that was chasing him.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, with the assistance from the Indiana State Police, Elkhart County Sheriff’s Department, South Bend Police Department, Elkhart County Interdiction and Covert Enforcement Unit, Mishawaka Police Department, and the St. Joseph County Police Department. Assistant U.S. Attorney Molly Donnelly handled the case.
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Ali Sultan Sentenced to 104 Months in PrisonRead the Press Release
FORT WAYNE – Ali Sultan, age 21, was sentenced by U.S. District Court Judge Damon R. Leichty, after pleading guilty to distributing cocaine and heroin and possessing a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.
Sultan was sentenced to 104 months in prison followed by 3 years of supervised release
According to documents in this case, in early 2017, Sultan took over the drug operation of his brother who was incarcerated for murder and drug dealing. Between June and October 2017, Sultan distributed cocaine and heroin on numerous occasions. Specifically, Sultan distributed crack cocaine and heroin on August 9, 2017, and possessed a firearm in furtherance of that drug transaction
The case was investigated by Federal Bureau of Investigations with the assistance of the Fort Wayne Police Department, Indiana State Police and the Allen County Police Department. The case was handled by Assistant United States Attorneys Anthony W. Geller and Stacey R. Speith.
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Fort Wayne Man Sentenced to 10 Years in PrisonRead the Press Release
FORT WAYNE – Demonta Huddleston, age 28, formerly of St. Joseph, Michigan was sentenced before U.S. District Court Judge Holly A. Brady to 120 months in prison upon his guilty plea to two distribution of a controlled substance charges, announced U.S. Attorney Kirsch.
According to documents in this case, in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity happening at a particular residence in Fort Wayne, Indiana. Demonta Huddleston as well as those specifically named in those anonymous tips were observed at that residence in January 2018.
Thereafter, on May 3, 2018, a confidential informant working with the Fort Wayne Police Department made a telephone call to Demonta Huddleston to arrange for the purchase of $600 of methamphetamine. Huddleston directed the confidential informant to nearby car wash in Fort Wayne, Indiana. Law enforcement followed the confidential informant to this location and thereafter observed a white vehicle with a Michigan license plate arrive at the car wash and park next to the confidential informant’s vehicle. Huddleston was the driver of the white SUV. The confidential informant met with Huddleston in the white SUV for approximately one minute. After meeting with Huddleston, the confidential informant turned over to law enforcement 26.9 grams of methamphetamine that he had received from Huddleston.
On July 11, 2018, the same confidential informant made a recorded telephone call to a known associate of Huddleston to arrange for the purchase of one ounce of methamphetamine and a quantity of heroin. During this recorded call, the associate instructed the confidential informant to go to a nearby store and wait and someone would be there soon with the drugs. A short time later, surveillance officers in the area of that store saw Huddleston arrive at the store and meet with the confidential informant. Huddleston gave the confidential informant one ounce of methamphetamine and a small amount of heroin. These were the same drugs and amounts negotiated earlier by the confidential informant and Huddleston’s associate.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit. Assistant United States Attorney Lesley J. Miller Lowery handled this prosecution.
Latin Dragon Nation Member Sentenced to 18 Years in Prison Following A Conviction for Racketeering ConspiracyRead the Press Release
HAMMOND- Javier Aguilera, 27, of Chicago, Illinois, was sentenced by Judge Philip P. Simon to 216 months in prison following his guilty plea to conspiracy to participate in racketeering activity as a member of the Latin Dragons Nation street gang, announced U.S. Attorney Kirsch.
According to documents in the case, Javier Aguilera has been a member of the Latin Dragons Nation since approximately 2012, sold drugs and possessed firearms as a member of the gang, and participated in a shooting of a residence in Chicago in April 2017 in which a suspected rival gang member was shot.
This case is the result of the investigative efforts of the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in coordination with multiple state and local agencies. In Indiana, these agencies included: the Hammond Police Department; the East Chicago Police Department; the Merrillville Police Department; the Hobart Police Department; the Lake County Sheriff’s Department; the Indiana Department of Corrections; and the Lake County Prosecutor’s Office. In Illinois, these agencies included: the Chicago Police Department Criminal Enterprise Unit; the Cook County Sheriff’s Office; the Bartlett Police Department; the Calumet City Police Department; the Illinois Department of Corrections; and the Cook County State’s Attorney’s Office. This case is being prosecuted by Assistant U.S. Attorneys Joseph A. Cooley and Kevin F. Wolff and Special Assistant U.S. Attorney Michael J. Toth.
Latin Count Gang Member Charged with Murder, Racketeering Conspiracy, and Drug ConspiracyRead the Press Release
HAMMOND- Eduardo Luciano, 31, of Hammond, Indiana, has been charged in a second superseding indictment with two murders, racketeering conspiracy, and drug conspiracy, announced U.S. Attorney Kirsch.
According to the second superseding indictment, Eduardo Luciano was charged with two counts of murder resulting from the use and carrying of a firearm during and in relation to racketeering activity, racketeering conspiracy, and conspiracy to possess with the intent to distribute and to distribute cocaine and marijuana. The second superseding indictment alleges that Luciano is responsible for the shooting deaths of Lauren Calvillo and Christopher White on June 29, 2015, in Hammond, Indiana. The second superseding indictment further alleges that the shooting was in furtherance of a racketeering conspiracy and as a result of an ongoing gang conflict between the Latin Counts and Latin Kings street gangs in Hammond, Indiana.
Previously in this case, Latin Counts members Ivan Reyes and Jeron Williams have both pled guilty to racketeering conspiracy and admitted their involvement in and responsibility for these murders as well. Reyes and Williams both await sentencing.
“This indictment should send a strong message that our investigations and prosecutions of individuals that participate in gang activities will not stop until all responsible are brought to justice,” said U.S. Attorney Thomas. L. Kirsch. “Our federal, state and local law enforcement partnerships are dedicated to reducing violent crime.”
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, any specific sentence to be imposed will be determined by the judge after consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the ATF/HIDTA Task Force and the Hammond, Indiana Police Department, and the investigation has received substantial assistance from numerous law enforcement agencies including the FBI / GRIT Task Force, the Gary Police Department, the Indiana State Police, and the East Chicago Police Department. The case is being handled by Assistant U.S. Attorneys David J. Nozick and Caitlin M. Padula.
Two Gary Men Charged with Federal Murder Charges Stemming from Killing of Pizza Delivery ManRead the Press Release
HAMMOND- Terryante Flournoy, 21, and Ciontay Wright, 20, both of Gary, Indiana, have been indicted for attempted robbery affecting interstate commerce, conspiracy to commit robbery, and murder resulting from the use and carrying of a firearm during and in relation to that attempted robbery, announced U.S. Attorney Kirsch. Flournoy has also been indicted for possessing a firearm as a previously convicted felon.
According to the indictment, on November 24, 2019, in Gary, Indiana, Terryante Flournoy and Cinotay Wright shot and killed David J. Shelton, a pizza delivery man, while in the process of trying to rob him.
U.S. Attorney Thomas L. Kirsch II said, “The murder of David Shelton was a senseless act of violence. Our federal, state and local law enforcement partners will continue to aggressively investigate and prosecute these type of crimes.”
An indictment is merely an allegation and the defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
If convicted, any specific sentence to be imposed will be determined by the judge after consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the FBI/GRIT Task Force along with the Lake County Metro Homicide Unit (Lake County Sheriff and Gary Police Department) and has received substantial assistance from the Lake County, Indiana Prosecutor’s Office. The case is being handled by Assistant U.S. Attorneys David J. Nozick and Caitlin M. Padula.
Two Blight Elimination Program Indictments UnsealedRead the Press Release
Hammond – Two criminal indictments were returned today for criminal violations related to the U.S. Treasury Department’s Blight Elimination Program, announced U.S. Attorney Kirsch.
Mahmoud Alshuaibi, 38, of Hickory Hills, Illinois, has been charged with wire fraud, theft from a local government receiving federal funds, and making a false and fraudulent statement. According to court documents, between January 2016 and March 2017, Alshuaibi, owner and officer of IESCO Construction, Inc., submitted false and fraudulent documents to support his claim for payment from the City of Hammond, Indiana, for demolition work through the Blight Elimination Program funded by the U.S. Treasury Department.
In a separate indictment, Gary Hayden, Sr., 60, of Logansport, Indiana has been charged with theft from a local government receiving federal funds. According to court documents in this case, between December 2015 and February 2016, Hayden, owner and officer of B&G Construction, submitted false and fraudulent documents to the City of Logansport, Indiana, in support of his claims for payment for demolition work through the Blight Elimination Program.
US Attorney Thomas L. Kirsch II said, “The Blight Elimination Program was designed to help stabilize communities. We will continue to work with SIGTARP and other law enforcement entities to investigate and prosecute individuals who commit acts of fraud against the Blight Elimination Program and any other program designed to help the communities in the Northern District of Indiana.”
“The Blight Elimination Program is part of the Troubled Asset Relief Program (TARP). The Office of the Special Inspector General for the Troubled Asset Relief Program (SIGTARP) investigates related fraud,” said Special Inspector General Christy Goldsmith Romero. “Those that defraud the program will be caught and prosecuted. I thank U.S. Attorney Thomas L. Kirsch II and Assistant U.S. Attorney Toi Houston for standing with SIGTARP in the fight against TARP-related crimes.”
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and that all persons charged are presumed innocent until, and unless, proven guilty in court.
If convicted in court, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
The case was the result of an investigation by SIGTARP and is being prosecuted by Assistant United States Attorney Toi Denise Houston.
Fort Wayne Man Sentenced to 7 ½ YearsRead the Press Release
FORT WAYNE – Glen Burton, age 35, formerly of Benton Harbor, Michigan was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to distribution of a controlled substance, announced U.S. Attorney Kirsch.
Burton was sentenced to 90 months in prison followed by 4 years of supervised release.
According to documents in this case, beginning in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity in Fort Wayne, Indiana by Burton and others associated with Burton. On March 6, 2018, a confidential informant made a recorded telephone call to one of Burton’s known associates to arrange for the purchase of $650.00 of methamphetamine. The associate told the confidential informant he would meet the confidential informant at a nearby grocery store. Shortly thereafter, officers in the area observed Burton’s associate arrive at the store and meet with the confidential informant. Over the confidential informant’s recorder, Burton’s associate was heard saying that he did not have as much methamphetamine as the confidential informant wanted and would have to contact “Glen” to get that much. The confidential informant was then heard engaging in a video call with Burton regarding the purchase of methamphetamine. Burton told the confidential informant that he would “take care of” the confidential informant shortly.
Sometime later that day, the confidential informant was directed to a gas station in Fort Wayne. Burton was identified as arriving at the gas station and then seen meeting with the confidential informant. After the meeting, the confidential informant turned over to law enforcement just under one ounce of methamphetamine.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit. The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.
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Fort Wayne Man Sentenced to 10 YearsRead the Press Release
FORT WAYNE – Gregory Huddleston, age 39, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to distribution of a controlled substance, announced U.S. Attorney Kirsch.
Huddleston was sentenced to 120 months in prison followed by 5 years of supervised release.
According to documents in the case, beginning in November 2017, the Fort Wayne Police Department began receiving anonymous tips regarding drug trafficking activity by Huddleston and others associated with Huddleston at a particular address in Fort Wayne. On July 11, 2018, a confidential informant made a recorded telephone call to Huddleston to arrange for the purchase of one ounce of methamphetamine and a quantity of heroin. During this recorded call, Huddleston instructed the confidential informant to go to a nearby store and wait and someone would be there soon with the drugs.
A short time later, surveillance officers in the area of that store observed a known associate of Huddleston arrive at the store and met with the confidential informant. That associate gave the confidential informant one ounce of methamphetamine and a small amount of heroin. These were the same amounts of the same drugs agreed upon earlier by the confidential informant and Huddleston.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Fort Wayne Police Department Vice & Narcotics Unit. The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.
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Chicago Man Charged in Criminal Complaint with Robbery Affecting Interstate Commerce of Hammond Boost Mobile StoreRead the Press Release
HAMMOND- Daniel Smith, 26, of Chicago, Illinois, was charged in a criminal complaint with robbery affecting interstate commerce of a Hammond Boost Mobile store, announced U.S. Attorney Kirsch.
The criminal complaint alleges that on January 24, 2020, Daniel Smith entered the Boost Mobile store located at 2741 169th Street, Hammond, Indiana, held employees at gunpoint, and ordered them to fill up a duffel bag with cellular phones, after which he left the store with the bag full of phones.
The United States Attorney’s Office emphasizes that a criminal complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated by the Federal Bureau of Investigation’s Gang Response Investigative Team and Hammond Police Department with assistance from the Merrillville and Hazel Crest, Illinois Police Departments. This case is being prosecuted by Assistant United States Attorney Caitlin M. Padula.
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South Bend, Indiana Man Sentenced to 130 Months in PrisonRead the Press Release
SOUTH BEND - Maurice Sylvester, age 32, of South Bend, Indiana, was sentenced before United States District Court Judge Jon E. DeGuilio for conspiracy to possess with intent to deliver over 500 grams of methamphetamine and over 100 grams of heroin, announced United States Attorney Thomas L. Kirsch II.
Mr. Sylvester was sentenced to 130 months in prison followed by 5 years of supervised release.
According to documents in this case, Mr. Sylvester was charged along with two others with conspiracy to distribute methamphetamine and heroin. Law enforcement found Mr. Sylvester and over four pounds of methamphetamine in a home when they served a search warrant in South Bend. Mr. Sylvester also had over $1200 of currency hidden on his body that had been used to purchase drugs. Phone records, text messages and fingerprints all linked Mr. Sylvester to the drug business. Mr. Sylvester has previously been convicted of six felonies, most involving drugs.
Kenneth Sanders, a co-defendant, was previously sentenced to 120 months imprisonment followed by five years of supervised release. A third defendant awaits sentencing.
This case was investigated by the Bureau of Alcohol, Tobacco and Firearms with the assistance of the LaPorte County Drug Task Force and the Drug Enforcement Administration. The case was handled by Assistant U.S. Attorneys Frank Schaffer and Kimberly Schultz.
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Fort Wayne Man Sentenced to 78 Months in PrisonRead the Press Release
FORT WAYNE – Lafayette L. Carr, age 29, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for possession of a firearm in furtherance of a drug trafficking crime, announced U.S. Attorney Kirsch.
Carr was sentenced to 78 months in prison followed by 2 years of supervised release.
According to documents in this case, in the early morning hours of April 18, 2019, law enforcement officers served a search warrant on a particular motel room at a motel on Goshen Road in Fort Wayne, Indiana upon information that Carr had sold narcotics in the motel room during the night while armed with a firearm. Inside the motel room, officers located small, pre-packaged amounts of cocaine and heroin, digital scales and baggies. A few feet from the narcotics, officers located a loaded .40 caliber handgun hidden inside the motel room coffee pot.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Indiana State Police and the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Sarah E. Nokes.
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Fort Wayne Man Sentenced to 15 YearsRead the Press Release
FORT WAYNE – Jeremiah Montel, age 40, of Fort Wayne, Indiana was sentenced before U.S. District Court Judge Holly A. Brady upon his guilty plea to the sexual exploitation of minors, announced U.S. Attorney Kirsch.
Montel was sentenced to 180 months in prison, 5 years of supervised release and ordered to pay $5000.
According to documents in this case, from April 2016 through April 2017, Montel enticed a minor to produce child pornography.
The case was investigated by the Federal Bureau of Investigation’s Violent Crimes Against Children Task Force. The case was handled by Assistant United States Attorney Lesley J. Miller Lowery.
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South Bend Man ChargedRead the Press Release
SOUTH BEND - The United States Attorney for the Northern District of Indiana, Thomas L. Kirsch II, announced that Bradley Burns, age 31, of South Bend, Indiana, has been charged by criminal complaint for conspiracy to possess a controlled substance with intent to deliver and being a felon in possession of firearms.
According to documents in this case, on February 5, 2020, a criminal complaint was filed alleging that agents with the Oklahoma Bureau of Narcotics conducted a traffic stop on Interstate 40 near Oklahoma City. Law enforcement found duffle bags containing 120 pounds of methamphetamine and one kilogram of heroin located in the car. Investigators with Homeland Security Investigations determined that the narcotics were destined for a house on South Kentucky Street in South Bend and that the narcotics were to be delivered to Bradley Burns. Agents replaced the actual narcotics with a sham substance, and then delivered the vehicle to that house. As police approached the house, Burns ran from the back door of the house, leapt over a fence and was thereafter apprehended by police. HSI agents obtained a search warrant for the residence and found a .38 caliber revolver, an AK-47 style rifle, an AR style rifle, a money counting machine, United States currency, receipts for money orders, a heat sealing machine, heat sealing bags, a small quantity of fentanyl, a cutting agent, and cell phones.
The United States Attorney’s Office emphasizes that a Criminal Complaint is merely an allegation and that all persons are presumed innocent until, and unless proven guilty in court.
If convicted, any specific sentence to be imposed will be determined by the Judge after a consideration of federal sentencing statutes and the Federal Sentencing Guidelines.
This case is being investigated Homeland Security Investigations (a component of the Department of Homeland Security) with the assistance from the Drug Enforcement Administration, Oklahoma Bureau of Narcotics, South Bend Police Department (including its Strategic Focus and SWAT Units), St. Joseph County Police Department, the Indiana State Police and Elkhart City Police. This case is being handled by Assistant U.S. Attorney Kimberly Schultz.
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Mishawaka, Indiana Man Sentenced to 120 Months in PrisonRead the Press Release
SOUTH BEND - Kenneth Sanders, age 39, of Mishawaka, Indiana was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute over 500 grams of a mixture or substance containing methamphetamine and over 100 grams of a mixture or substance containing heroin, announced U.S. Attorney Kirsch
Mr. Sanders was sentenced to 120 months in prison followed by 5 years of supervised release.
According to documents in this case, between October and November of 2018, Mr. Sanders along with other individuals conspired to distribute methamphetamine out of a home located in South Bend, Indiana. In November, law enforcement executed a search warrant in South Bend where they found over four pounds of methamphetamine, money which had been used to buy drugs that same day from Mr. Sanders, along with Mr. Sanders and another person. Mr. Sanders has twice been convicted of felonies, one of which involved violence. Mr. Sanders admitted to knowing that methamphetamine was an illegal substance as well his role in the distribution of methamphetamine.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Michigan City Police Department, the LaPorte County Drug Task Force, and the Indiana State Police. The case was handled by Assistant U.S. Attorney Frank Schaffer.
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Man Sentenced to 114 Months in PrisonRead the Press Release
FORT WAYNE – Odonis Parker, age 29, was sentenced by U.S. District Court Judge Damon Leichty, after being found guilty after a trial for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Parker was sentenced to 114 months in prison followed by 2 years of supervised release
According to documents in this case, Mr. Parker was in possession of a firearm on May 26, 2019, after being a twice convicted felon in Allen County Superior Court. His prior felonies were for Robbery and Theft on separate occasions.
Parker went to his ex-girlfriend’s house while armed with a semi-automatic rifle containing two loaded 40 round magazines taped together. After a confrontation, Parker fired multiple times into a car next to where the girlfriend, three minor children and a companion were standing. Mr. Parker chased the companion, who fled, while firing and grazed the man in the head as he ran. Parker then hid the firearm in the trunk of a car before fleeing to a nearby apartment. Fort Wayne Police officers arrived on the scene and were able to locate the firearm and Parker, whom they arrested.
The case was investigated by Bureau of Alcohol, Tobacco, Firearms and Explosives with the assistance of the Fort Wayne Police Department. The case was handled by Assistant United States Attorney Stacey R. Speith.
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Chicago, Illinois Man Sentenced to 20 Years in PrisonRead the Press Release
SOUTH BEND – David Gibson, 48, of Chicago, Illinois was sentenced before South Bend District Court Judge Jon E. DeGuilio for conspiracy to distribute more than one kilogram of heroin, announced U.S. Attorney Kirsch.
Mr. Gibson was sentenced to 240 months in prison (to be served consecutively to a 12 year federal sentence in Wyoming) followed by 10 years of supervised release.
On September 20, 2019, Mr. Gibson and his co-defendant, Mr Harris were found guilty of conspiracy to distribute over a kilogram of heroin after a 4-day jury trial. According to evidence presented at trial, Mr. Gibson conspired with others to sell heroin in and around South Bend. The conspirators shared a cellphone that customers called to arrange purchases of heroin. The evidence showed that undercover law enforcement officers purchased heroin from members of the conspiracy on 28 separate occasions between March and October of 2017. Phone records showed that the shared cellphones had over 80,000 contacts during the time of the conspiracy. Mr. Gibson directed the sales conducted by those who sold heroin to the undercover officers.
This case was investigated by the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms, and Explosives with the assistance from several local police agencies including the St. Joseph County Drug Investigation Unit, Indiana State Police, South Bend Police Department, Mishawaka Police Department, the Elkhart Police Department, the Interdiction and Covert Enforcement (ICE) Unit consisting of Elkhart County and Goshen Officers , the St. Joseph County Police Department and the St. Joseph County Prosecutor’s Office. The case was handled by Assistant U.S. Attorneys Joel Gabrielse and Molly Donnelly.
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Bremen, Indiana Man SentencedRead the Press Release
SOUTH BEND – Jason Clevenger, 35, of Bremen, Indiana was sentenced by U.S. District Court Judge Damon R. Leichty following a guilty plea for being a felon in possession of a firearm, announced U.S. Attorney Kirsch.
Mr. Clevenger was sentenced to 30 months in prison followed by 1 year of supervised release.
According to documents in this case, Mr. Clevenger passed five fake $20 bills to a Four Winds-South Bend casino patron for a genuine $100 bill. After the patron realized that the bills were fake, it was reported to casino security. A review of casino security footage showed Mr. Clevenger meeting another man and moving what appeared to be a long gun from Mr. Clevenger’s car in the casino parking lot to the other man’s car. The two men drove off the casino property, but returned to the casino a few hours later. When Mr. Clevenger returned, police arrested him on an outstanding warrant. A .22 rifle and a 9 mm pistol were recovered from the car in which Mr. Clevenger had been riding. Mr. Clevenger has a previous felony conviction and is prohibited by law from possessing firearms.
“This crime occurred on federally-recognized tribal land, held in trust for the Pokagon Band of Potawatomi Indians,” said U.S. Attorney Thomas L. Kirsch II. “The United States has an important relationship with the Pokagon Band, and is committed to working with the Pokagon Band to protect the safety of its tribal citizens, while respecting the Pokagon Band’s sovereignty and culture. We will continue to focus our efforts on those committing federal crimes on the Pokagon Band’s tribal land.”
Pokagon Police Chief William Lux said, “The Pokagon Band of Potawatomi Indians is a federally-recognized sovereign nation and is committed to working with our law enforcement partners in the U.S. government to protect all who visit its trust land and to prosecute those who violate the law on Pokagon land. The conviction of Mr. Clevenger is a great example of team work between our officers, Pokagon Tribal Police Investigations Unit and the St. Joseph County Police Department. We appreciate the support of the FBI and U.S. Attorney Kirsch in prosecuting Mr. Clevenger for crimes committed while at Four Winds South Bend, which is on sovereign Pokagon Band land.”
This case was investigated by the Federal Bureau of Investigation in coordination with the Pokagon Band Tribal Police Department and the St. Joseph County Police Department. The case was handled by Assistant U.S. Attorney Luke N. Reilander.
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Fort Wayne Man Sentenced to PrisonRead the Press Release
FORT WAYNE – Jesus Sanchez, Jr, age 22, of Fort Wayne, Indiana, was sentenced by U.S. District Court Judge Holly A. Brady after his guilty plea of possessing a firearm in furtherance of a drug trafficking crime and maintaining a drug involved premises, announced U.S. Attorney Kirsch.
Sanchez was sentenced to 72 months in prison followed by 2 years of supervised release.
According to documents in this case, on June 19, 2019, Sanchez and two other defendants were charged for their role in a five count Indictment that alleged the possession with intent to distribute marijuana, possessing a firearm in furtherance of a drug trafficking crime and providing a residence for the storage and distribution of narcotics.
The case was investigated by the Federal Bureau of Investigation’s Fort Wayne Safe Streets and Gang Task Force with the assistance of the Indiana State Police, the Allen County Sheriff’s Department and the Fort Wayne Police Department. The case was handled by Assistant United States Attorneys Stacey R. Speith and Anthony W. Geller.
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Converse Man Sentenced to Prison and Ordered to Pay over $3 Million in RestitutionRead the Press Release
FORT WAYNE – Fredrick D. McCracken, age 62, of Converse, Indiana was sentenced before U.S. District Court Judge Holly A. Brady for wire fraud and making a false statement on an income tax return, announced U.S. Attorney Kirsch.
McCracken was sentenced to 46 months in prison followed by 2 years of supervised release and was ordered to pay over $3 million in restitution to his former employer and the IRS.
According to documents in this case, McCracken worked as an accountant for an industrial construction company located in Marion, Indiana. Because of his role as the accountant for the business, McCracken had access to the company’s bank accounts. From October 2012 through July 2018, McCracken wrote over 100 unauthorized checks drawn on the company’s business account and made payable to his personal business. From March 2016 through July 2018, McCracken used the company’s bank accounts to pay his personal credit card obligations more than 50 times. To avoid detection, McCracken concealed his activities in the company’s accounting records system. In total, his fraud scheme resulted in the theft of $2,440,490.46 from his employer. McCracken also failed to as income on his personal tax returns the funds that he stole, causing a $612,500.00 tax loss to the Internal Revenue Service.
The case was investigated by the Federal Bureau of Investigation, United States Postal Inspection Service and the Internal Revenue Service Criminal Investigation Division. The case was prosecuted by Assistant United States Attorney Sarah E. Nokes.
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Union Officials Plead Guilty to Violent ExtortionRead the Press Release
Two officials from the local Iron Workers union pleaded guilty today for their role in a brutal assault on a group of non-union ironworkers in Dyer, Indiana. The attack, which left multiple workers with serious injuries, was part of an effort to obtain a contract for the union to assist with the construction of the Plum Creek Christian Academy, a school affiliated with the Dyer Baptist Church.
Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Thomas L. Kirsch II of the Northern District of Indiana, Special Agent in Charge Irene Lindow, Chicago Regional Office, U.S. Department of Labor, Office of Inspector General (DOL-OIG) and Special Agent in Charge Grant Mendenhall of the FBI’s Indianapolis Field Office made the announcement.
Thomas Williamson Sr., 68, and Jeffrey Veach, 56, pleaded guilty to one count of extortion conspiracy before U.S. Magistrate Judge John Martin of the Northern District of Indiana.
Veach is the current president of Local 395 of the International Association of Bridge, Structural, Ornamental, and Reinforcing Iron Workers (Local 395), based in Portage, Indiana. Prior to his recent retirement, Williamson was a business agent for Local 395. Under federal law, following their guilty pleas, Veach will forfeit his position as president and both men will be barred from holding any union position for at least 13 years following the end of any prison sentences they may serve.
Pursuant to their plea agreements, Williamson and Veach admitted that on Jan. 7, 2016, they conspired to use actual and threatened violence to obtain contracts for Local 395 – a business contract from general contractor Lagestee-Mulder of Illinois, and/or a labor contract from D5 Iron Works (D5), also of Illinois. Prior to Jan. 7, 2016, the two defendants had learned that D5 was performing structural ironwork for the Dyer Baptist Church, which was located in Local 395’s “territory.” They also knew that D5 was not signed up to a labor contract with Local 395.
On the afternoon of Jan. 6, 2016, Williamson visited the church jobsite to talk to the foreman of the D5 crew and convince him to “sign up” with Local 395, or to stop work on the site. After being told to leave the site, Williamson went across the street to the church. Once inside, he confronted a youth pastor for the church and told him that it was “unethical” to use non-union labor for the construction site. Williamson offered to get “his guys” on the jobsite instead. The next morning, Williamson returned to the jobsite, this time accompanied by co-defendant Veach. The D5 foreman again refused to join the union and asked the two defendants to leave the site. Williamson became angry and grabbed the foreman’s jacket, calling him, among other things, a “scab bastard.” As they left the site, Williamson remarked to Veach that the two of them were going to have to “take things back to old school.”
The two defendants then gathered up about 10 rank-and-file members of Local 395 to return to the jobsite that afternoon. Once at the jobsite, the union members immediately attacked the D5 workers and beat them with fists and loose pieces of hardwood, kicking them while they were on the ground. As a result of the attack, one D5 worker sustained a broken jaw that required several surgeries and extended hospitalization.
The DOL-OIG, the FBI and the Dyer Police Department investigated the case. Trial Attorneys Alexander Gottfried and Robert Tully of the Criminal Division’s Organized Crime and Gang Section are prosecuting the case. Through its Labor Unit, the Organized Crime and Gang Section supports federal criminal prosecution in cases involving labor-management relations, internal union affairs, and the operation of employee pension and health care plans. Assistant Chief for Labor-Management Racketeering Gerald Toner provided invaluable assistance in the prosecution of this case.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.