Northern District of Indiana
Press releases recorded for this federal judicial district.
Tiffany Thomas Sentenced to Five Years ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Tiffany Thomas, 29, of South Bend, Indiana, was sentenced today for health care billing fraud and aggravated identity theft.
Thomas was sentenced to 61 months imprisonment and two years supervised release.
According to documents in the case, in 2014 and 2015, Thomas obtained prescriptions and medications including alprazolam, hydrocodone, promethazine and others fraudulently and then caused fraudulent billings and claims for reimbursement through Indiana Medicaid and other health care benefit programs. As part of the fraud scheme, the defendant caused fraudulent and phony prescriptions for medications to be called in and otherwise presented to pharmacies by persons pretending to be licensed doctors or the staff or licensed doctors. As part of the scheme, Thomas also fraudulently used the means of identification of others persons. Finally, Thomas also throughout the scheme sold and distributed the medications, including controlled substances that she obtained fraudulently.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco Firearms and Explosives and the State of Indiana Attorney General’s Medicaid Fraud Control Unit. The case was prosecuted by the Assistant United States Attorney Donald J. Schmid.
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Northern District of Indiana Grand Jury Returns A 36 Count Superseding IndictmentRead the Press Release
HAMMOND- United States Attorney David Capp announced today that a federal grand jury returned a 36 count superseding indictment charging Jack Weichman, 63, of Dyer, Indiana; Ari Weichman, 35, of Schererville, Indiana; James Schaefer, 65, of Lowell, Indiana; and William Bercaw, 68, of Munster, Indiana with participation in several schemes in violation of federal law. The previous indictment charged nine counts of bank fraud, fourteen counts of bankruptcy fraud, two counts of money laundering, four counts of wire fraud, and five counts of filing false federal income tax returns. The new indictment adds a count of conspiracy to conceal assets in a bankruptcy proceeding, and an additional count of concealment of assets. The new indictment also adds three additional defendants. It charges Ari Weichman, son of defendant Jack Weichman, and James Schafer, Accounting/Tax Manager for the Weichman and Associates accounting firm, in the concealment of assets conspiracy. It also adds William Bercaw, a CPA employed at Weichman and Associates, as a defendant in the wire fraud counts.
The new charge of conspiracy to conceal assets alleges that Jack Weichman conspired with Ari Weichman and James Schafer to conceal assets from the bankruptcy court in an effort to hide Jack Weichman’s true financial condition. The indictment alleges James Schafer filed monthly reports with the bankruptcy court that disguised assets, in the amount of $790,000.00, as business expenses in the form of payments to Ari Weichman as an employee of Weichman and Associates and of MMDS, another Jack Weichman owned and operated medical billing company, when in fact Ari Weichman never worked for either company.
This case was investigated by the Internal Revenue Service-Criminal Investigation Division, the Federal Deposit Insurance Corporation-Office of Inspector General, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Diane L. Berkowitz and David Nozick.
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.
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Calumet Township Level II Assessor, Pamela Frizzelle, IndictedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that an Indictment was filed against Pamela Griffin Frizzelle, 52, of Merrillville, Indiana for seven counts of Hobbs Act Extortion.
According to documents filed in the case, Frizzelle, an employee of the Township Assessor’s Office, allegedly solicited money from business owners, who’s businesses engaged in interstate commerce, in exchange for reducing or attempting to reduce tax assessments on or about the following dates: March 2013 from Business Owner 1 for $1000; February 2014 from Business Owner 2 for $200; February 2014 from Business Owner 3 for $600; October 14, 2014 from Business Owner 2 for $400; October 23, 2014 from Business Owner 2 for $200 on behalf of Business Owner 4; October 24, 2014 from Business Owner 4 for $600; and January 25, 2015 from Business Owner 5 for $1000.
This case was investigated by the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Gary T. Bell.
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.
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Former County Chief Deputy Auditor Convicted of Embezzling Government Funds, Tax Fraud and Wire FraudRead the Press Release
A former chief deputy auditor for LaPorte County, Indiana, was convicted today by a federal jury in the Northern District of Indiana of embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her elderly father-in-law out of at least $400,000.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana made the announcement.
Mary Ray, 67, of La Porte, Indiana, was convicted of two counts each of theft of government monies and making false statements on a tax return, and with seven counts of wire fraud. Ray will be sentenced by Judge Jon E. Deguilio of the Northern District of Indiana on Dec. 22, 2015.
According to evidence presented at trial, from September 2011 through December 2012, while she served as deputy chief auditor for LaPorte County, Ray embezzled over $150,000 from county coffers, and underreported her income on her U.S. Individual Tax Returns for those years by failing to report the embezzled funds. Evidence at trial also showed that Ray defrauded her 86-year-old father-in-law, a disabled veteran, out of at least $400,000 that he entrusted her to oversee. The trial evidence also demonstrated that Ray used the funds that she embezzled from LaPorte County and stole from her father-in-law to gamble at casinos.
This case was investigated by the FBI and IRS-Criminal Investigation, with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts. The case is being prosecuted by Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana.
Former County Chief Deputy Auditor Convicted of Embezzling Government Funds, Tax Fraud and Wire FraudRead the Press Release
WASHINGTON – A former chief deputy auditor for LaPorte County, Indiana, was convicted today by a federal jury in the Northern District of Indiana of embezzling over $150,000 from the LaPorte County government, tax fraud and defrauding her elderly father-in-law out of at least $400,000.
Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana made the announcement.
Mary Ray, 67, of La Porte, Indiana, was convicted of two counts each of theft of government monies and making false statements on a tax return, and with seven counts of wire fraud. Ray will be sentenced by Judge Jon E. Deguilio of the Northern District of Indiana on Dec. 22, 2015.
According to evidence presented at trial, from September 2011 through December 2012, while she served as deputy chief auditor for LaPorte County, Ray embezzled over $150,000 from county coffers, and underreported her income on her U.S. Individual Tax Returns for those years by failing to report the embezzled funds. Evidence at trial also showed that Ray defrauded her 86-year-old father-in-law, a disabled veteran, out of at least $400,000 that he entrusted her to oversee. The trial evidence also demonstrated that Ray used the funds that she embezzled from LaPorte County and stole from her father-in-law to gamble at casinos.
This case was investigated by the FBI and IRS-Criminal Investigation, with assistance from the Indiana State Police, the LaPorte County Sheriff’s Department and the Indiana State Board of Accounts. The case is being prosecuted by Trial Attorney Peter Halpern of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Donald J. Schmid of the Northern District of Indiana.
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Anti-Trafficking Symposium Brings Public Service Agencies TogetherRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today, September 17, 2015, the Office hosted a symposium for law enforcement, prosecutors, schools, department of child services and others to educate officials about the signs of human trafficking and how to combat it.
“The Northern District of Indiana is fully engaged with our federal, state and local law enforcement partners along with governmental and non-governmental organizations in preventing, fighting and aggressively prosecuting all forms of human trafficking”, said U.S. Attorney Capp.
Human trafficking is the recruitment, harboring, transportation or procurement of a person for labor or services that are involuntary servitude, slavery or forced commercial sex acts. The Department of Justice and our Office have made a commitment to combat these horrific crimes by aggressively bringing traffickers to justice and providing assistance to victims.
The training today was a result of a combined effort between the Federal Bureau of Investigation, the Department of Homeland Security and the U.S. Attorney’s Office in Northern Indiana. The training provided the 100 plus registered attendees with the tools needed to identify, investigate and prosecute all forms of human trafficking.
If you have any information on possible human trafficking, please contact either the Polaris Project National Human Trafficking Hotline at 888-373-7888 or the Department of Homeland Security Tip line at1-866-DHS-2-ICE.
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DeCarlos Frazier Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that DeCarlos Frazier, 32, of Chicago, Illinois, was found guilty after a three-day jury trial of being a felon in possession of a firearm.
According to documents in this case, on March 29, 2014 East Chicago Police observed two males loitering in the area of 149th and Baring Avenue. As officers approached in a marked squad car and attempted to make contact with the subjects, DeCarlos Frazier fled on foot tossing a .38 caliber revolver handgun from his person. When a criminal history was run, it revealed that Frazier had prior a felony conviction for aggravated robbery.
This case is a result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the East Chicago Police Department. This case was prosecuted by Assistant United States Attorneys Jennifer Chang-Adiga and Dean R. Lanter.
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Luis G. Ramirez-Munoz IndictedRead the Press Release
FORT WAYNE- United States Attorney David Capp announced that Luis Ramirez-Munoz, 29, of Howe, Indiana was charged in a 5 count Indictment returned by the Grand Jury on August 26, 2015.
According to documents filed in the case, Ramirez-Munoz distributed cocaine on two occasions in March of 2015, and he distributed and possessed with intent to distribute large quantities of methamphetamine on three occasions in July of 2015.
This case was investigated by Drug Enforcement Administration in coordination with the IMAGE Drug Task Force, Allen County Drug Task Force, Lagrange County Sheriff’s Department, Lagrange Police Department, Ligonier Police Department, Steuben County Sheriff’s Department, Noble County Sheriff’s Department, and Fort Wayne Police Department. The case is being prosecuted by Assistant United States Attorneys Anthony W. Geller.
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.
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Former Attorney Clark Holesinger SentencedRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today, on August 27, 2015 Clark Holesinger, 53 of Valparaiso, Indiana, was sentenced for wire fraud and money laundering.
Holesinger was sentenced by Judge Robert L. Miller, Jr in South Bend District Court to 120 months imprisonment, 1 year supervised release, and ordered to pay restitution in the amount of $986,480.01.
According to the information and plea filed in April 2015, the charges relate to Holesinger’s practice of law in Porter County, Indiana, and his fraudulent use of clients’ funds.
This case was the result of an investigation by the Internal Revenue Service-Criminal Investigation Division, Social Security Administration-Office of Inspector General and was prosecuted by the Assistant United States Attorney William T. Grimmer.
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Richard Balderas IndictedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that Richard Balderas, 19 of Hammond, Indiana was indicted for one count of being a felon in possession of a firearm and one count of possession of a firearm with an obliterated serial number.
According to documents filed in the case, on August 19, 2015 Balderas, who has a prior felony conviction through state court, was found in possession of a .357/.38 caliber revolver during the execution of a search warrant. The firearm that was found in the defendant’s possession had a filed off serial number.
This case is being investigated by the Federal Bureau of Investigation Gang Response Investigative Team (GRIT) and Hammond Police Department. The case is being handled by Assistant United States Attorney David J. Nozick.
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.
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Schickell Best Sentenced to 51 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today that Schickell Best, 27, of Gary, Indiana was sentenced to 51 months imprisonment and 2 years of supervised release by District Court Judge James Moody after pleading guilty to being a felon in possession of a firearm.
According to documents filed in this case, on September 28, 2013, Best was arrested by law enforcement at the a bar in Gary, Indiana after being observed standing outside the bar as it was closing in possession of a loaded Norinco model SKS semi-automatic rifle. Best had prior felony convictions including one for Battery on Law Enforcement.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives with assistance from the Gary Police Department. The case was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Criminal Complaint Filed Against Brent A. GarrettRead the Press Release
FORT WAYNE- United States Attorney David A. Capp announced today that Brent A. Garrett, 38 of Bluffton, Indiana was charged with knowingly possessing firearms, including machineguns and other firearms, which were not registered to him in the National Firearms Registration and Transfer Record.
According to documents filed in the case, on or about May 15 through August 6, 2015, Mr. Garrett knowingly possessed firearms, including machineguns, silencers, and a short-barreled rifle, which were not properly registered to him in the National Firearms Registration and Transfer Record. During the investigation, an undercover ATF agent purchased fully automatic machineguns (one receiver and one assembled machinegun) and several silencers from Mr. Garrett, and Mr. Garrett possessed additional unregistered items at his home.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Bluffton Police Department, Fort Wayne Police Department, Indiana State Police and Wells County Sheriff’s Department. The case is being handled by Assistant United States Attorney Anthony W. Geller.
The United States Attorney's Office emphasized that a Complaint 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.
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Criminal Complaint Filed Against Jasmine McMichaelRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that Jasmine McMichael, 22 of East Chicago, Indiana was charged with using the threat of force against a witness.
According to documents filed in the case, McMichael, the sister of Anton Lamont James, used threat of physical force against a witness. McMichael, along with her mother Dalia Guerrero, confronted a witness after James was arrested and allegedly made threatening statements to the witness. Dalia Guerrero was indicted on July 16, 2015 for her participation in the same confrontation.
Anton Lamont James was indicted last week for murder in aid of racketeering and was arrested for that offense on the morning of July 16.
United States Attorney David Capp stated, “Witness intimidation in any manner by any person will not be tolerated.”
This case is being investigated by the Federal Bureau of Investigation and Hammond Police Department. The case is being handled by Assistant United States Attorney David J. Nozick.
The United States Attorney's Office emphasized that a Complaint 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.
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Douglas D. Jackson Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Douglas D. Jackson, 26, of South Bend, Indiana, was found guilty on July 16, 2015, after four-day jury trial, of six counts of sex trafficking a minor and one count of possessing a firearm in furtherance of a crime of violence.
According to the evidence presented at trial, Jackson transported a minor female to Atlanta, Georgia; Louisville, Kentucky; and Grand Rapids, Michigan for purposes of prostitution in June, 2014. He was arrested in Grand Rapids, Michigan on June 14, 2014 and charged with state offenses in Michigan. That state prosecution was dropped in favor of the Indiana federal prosecution when the investigation revealed that Jackson had transported the minor to other states from South Bend, Indiana
Sentencing for Jackson is scheduled for October 22, 2015. The six counts of sex trafficking a minor each carry 10 year mandatory minimum sentences, and the firearm count is a five year mandatory minimum consecutive sentence. Any specific sentence to be imposed will be determined by the judge after a consideration of the federal sentencing statutes and federal sentencing guidelines.
This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of the Michigan State Police and the Wyoming Michigan Police. This trial was handled by Assistant United States Attorney John M. Maciejczyk
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Three Alleged Indiana Gang Members Charged with Murder in Aid of RacketeeringRead the Press Release
WASHINGTON – In two separate cases, two members of the Two Six nation and one member of the Latin Kings were indicted for murder in aid of racketeering and other offenses, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.
“Prosecutions, like the one announced here, demonstrate the effectiveness of the task force approach to fighting gang violence,” said Assistant Attorney General Caldwell. “Along with our partners, the Criminal Division will aggressively work to release the grip that gangs hold on many neighborhoods across this country.”
“If you are a member of a violent street gang and you committed a murder or other violent act last week or last decade, we are coming at you,” said U.S. Attorney Capp. He also reiterated his office’s continuing commitment to removing all members of these violent street gangs from the streets on northwest Indiana.
Marcus Lovell Jenkins, 26, of East Chicago, Indiana, and Charles Garcia-Berrios, 22, of Hammond, Indiana, were charged by superseding indictment with murder in aid of racketeering and use of a firearm in connection with a crime of violence for their alleged roles in the killing of Kemond Coleman. Jenkins also is charged with possession of a firearm by a prohibited person.
According to the allegations in the indictment, Jenkins and Garcia-Berrios are members of the Two Six Nation street gang. The indictment alleges that, on July 26, 2014, Jenkins and Garcia-Berrios shot and killed Coleman for the purpose of maintaining and enhancing their positions within the gang. Garcia-Berrios and Two Six member Julio Ivan Cartagena previously were charged with the attempted murders of two individuals in this case. All three defendants are in federal custody.
In a separate case, Anton James, 19, of Hammond, was charged by indictment with murder in aid of racketeering and murder resulting from the use of a firearm during a crime of violence for his alleged role in the murder of Martin Hurtado Sr. According to the allegations in the indictment, James is a member of the Latin Kings street gang. The indictment alleges that, on Oct. 28, 2014, James shot and killed Hurtado Sr. believing that he was Martin Hurtado Jr., whom James believed was a rival gang member. James made his initial appearance in federal court this afternoon before Magistrate Judge Andrew Rodovich of the Northern District of Indiana.
An charges and allegations in the indictments are merely allegations. The defendants are presumed innocent until and unless proven guilty.
These cases are the result of the investigative efforts of the FBI, the ATF, the East Chicago Police Department, the Hammond Police Department, the Lake County, Indiana, Sheriff’s Department and Lake County High Intensity Drug Trafficking Area officers and agents. The Lake County Prosecutor’s Office also has provided assistance. The Jenkins case is being prosecuted by Trial Attorney Andrew Creighton of the Criminal Division’s Organized Crime and Gang Section and Assistant U.S. Attorney David Nozick of the Northern District of Indiana. The James case is being prosecuted by Assistant U.S. Attorney Nozick.
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Dalia Guerrero IndictedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that Dalia Guerrero, 39 of Merrillville, Indiana was indicted for using the threat of force against a witness.
According to documents filed in the case, Guerrero, the mother of Anton Lamont James, used threat of physical force against a witness. Guerrero allegedly told the witness she knew what the witness looked like, where they live and to watch their back with the intent to influence, delay and prevent the testimony of the witness in an official proceeding.
David Capp stated, “This incident occurred this morning around 9:20 am, Ms. Guerrero was indicted this morning and taken into custody before noon today. Witness intimidation will not be tolerated.”
This case is being investigated by the Federal Bureau of Investigation and Hammond Police Department. The case is being handled by Assistant United States Attorney David J. Nozick.
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.
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DeAngelo Sconiers Charged by Criminal ComplaintRead the Press Release
SOUTH BEND- United States Attorney David Capp announced today that DeAngelo Sconiers, 43, South Bend, Indiana was charged by Criminal Complaint for distribution of cocaine.
According to documents filed in the case, on June 29, 2015 and again on July 10, 2015 undercover agents conducted controlled drug buys of 28 grams of cocaine from Sconiers.
This case was investigated by Drug Enforcement Administration in coordination with the South Bend Metro Special Operations Section of the South Bend Police Department. The case is being prosecuted by Assistant United States Attorneys Frank E. Schaffer.
The United States Attorney's Office emphasized that a Complaint 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.
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Samuel L. Bradbury Found Guilty by Jury TrialRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Samuel L. Bradbury, 23, of Pine Village, Indiana, was found guilty, late July 2, 2015, after a weeklong jury trial, of maliciously conveying false information.
According to the evidence presented at trial, on June 19, 2014, Bradbury posted threats on social media to kill two specific law enforcement officials and two specific judges in Tippecanoe County. He also threatened to damage the Tippecanoe County Courthouse along with police vehicles using thermite, an incendiary device. On June 21, 2014, law enforcement executed search warrants on the house where Bradbury lived, locating the social media posting along with other relevant evidence to include materials to make thermite.
Sentencing for Bradbury will be scheduled at a later date by a separate court order. Any specific sentence to be imposed will be determined by the judge after a consideration of the federal sentencing statutes and federal sentencing guidelines.
This case was the result of an investigation by the Federal Bureau of Investigation with the assistance of Tippecanoe County Law Enforcement Agencies. This trial was handled by Assistant United States Attorneys Jill Koster and Abizer Zanzi.
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Northwest Indiana Carnival Worker ChargedRead the Press Release
HAMMOND- United States Attorney David A. Capp announced today that a criminal complaint was filed against Brendan Theodore Coetzee, 27, of Johannesburg, South Africa for travel with intent to engage in illicit sexual conduct with a minor.
According to documents filed in the case, Coetzee, a carnival worker, met a female under the age of 14 at a carnival in Wisconsin over this past Memorial Day weekend. Coetzee and the minor maintained some contact thereafter via social media. On June 22, 2015, Coetzee, who was then in Northwest Indiana, arranged for the minor to meet him at a motel in Lansing, Illinois, where he allegedly had sexual intercourse with the minor.
This case was investigated by the Federal Bureau of Investigation with the assistance of the Lansing, Illinois and Munster, Indiana Police Departments. The case is being prosecuted by Assistant United States Attorney Toi D. Houston.
The United States Attorney's Office emphasized that a Complaint 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.
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Indiana Manufacturer Sentenced in Connection with Clean Air Act False Statement ViolationsRead the Press Release
WASHINGTON – Calumite Company LLC, a manufacturer of an additive used in the production of glass, was sentenced today in U.S. District Court in Hammond, Indiana, in connection with its September 2014 plea of guilty to two Clean Air Act false statement violations. The company was sentenced to pay a $325,000 fine, serve a two year term of probation and implement an environmental compliance plan that includes an annual environmental compliance training program.
Calumite, located near the shores of Lake Michigan in Portage, Indiana, manufactures and sells a powdery substance of the same name to various glass manufacturers. The company collects slag, a waste product of the steel industry, dries it in a hot gas oven, crushes it into a fine powder and then ships it off-site to glass manufacturers, who use it as an additive to lower the temperature at which glass can be produced.
Calumite's Portage facility was subject to a Title V Clean Air Act Operating Permit issued by the Indiana Department of Environmental Management (IDEM). Among other things, the permit required that Calumite operate, maintain and monitor several “baghouses” on site that are used to control and minimize emissions of a fine particulates. One of the baghouses, known as the loadout baghouse, was used to collect emissions of particulate that occurred during the loading of product onto tractor trailers and rail cars for shipment to customers.
A differential pressure gauge (DP gauge) attached to each baghouse continuously monitored and measured the efficiency and effectiveness of the baghouses, to determine whether they were operating properly. Calumite's Clean Air Act permit required that DP gauges on the baghouses be read daily, while the baghouses were operating and that the results be recorded on daily maintenance log sheets. The company also was required to submit quarterly reports to IDEM that stated whether the company was in compliance with permit requirements.
From Dec. 5, 2008, through late July 2009, Calumite did not maintain the loadout baghouse in operating condition and the DP gauge was broken. Nevertheless, during this same time period, employees continued to load tractor trailers and rail cars with product for shipment off-site. Calumite employees also knowingly continued to routinely fill out daily logs that falsely reflected DP gauge monitoring readings that were within the range allowed by the permit and caused false information to be submitted to IDEM in the company’s quarterly reports.
The Clean Air Act makes it a crime to knowing make a material false statement or omit material information from a document that is required to be filed or maintained under the statute. Both the daily maintenance logs and the quarterly reports were required by Calumite’s permit and the Clean Air Act.
The case was investigated by the Northern District of Indiana Environmental Crimes Task Force, including agents from the U.S. Environmental Protection Agency’s Criminal Investigation Division and the Indiana Department of Environmental Management’s Office of Criminal Investigations. The case was prosecuted by the U.S. Attorney’s Office for the Northern District of Indiana and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.
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Federal Grand Jury in Fort Wayne Returns a 7 Count IndictmentRead the Press Release
Fort Wayne, Indiana - The United States Attorney's Office announced the return of an indictment charging Kelly Custer, 53, of Fort Wayne, Indiana; William Custer, Jr., 26 of Fort Wayne, Indiana; Ashley Custer, 25, of Fort Wayne, Indiana; and Sidney Custer, 24, of New Haven, Indiana --- with 1 count of conspiracy to commit wire fraud. Kelly Custer was also charged with 3 counts of wire fraud and 3 counts of interstate communications with intent to extort. The government is also seeking forfeiture by way of a money judgment in the amount of approximately $1.5 million as well as forfeiture of real property. .
According to documents filed in this case, on March 19, 2015, individuals reported to law enforcement that they were being extorted by the mafia. The individuals provided information detailing an extortion scheme that started in 2007 when they lived in Fort Wayne and continued as they moved to Florida where they currently reside.
According to the individuals, the extortion began after they were informed by Kelly Custer that the mafia had determined that they owed a debt and that if they did not pay the debt their lives, their friends’, families’ lives or her life would be in jeopardy. The individuals indicated that they initially received all the information concerning the extortion through Kelly Custer, and that she relayed the threats and demands to them personally. After the individuals moved to Florida, however the threats continued from Kelly Custer in the form of texts causing the individuals to believe some messages came from actual mafia members. In February of 2015, the individuals were informed that Kelly Custer had been killed as a result of problems she had with the mafia; however the individuals continued to receive threatening text messages from persons identifying themselves to be mafia members utilizing Kelly Custer’s phone.
The individuals made the demanded payments primarily to Kelly Custer, but also directed payments William Custer, Jr., Ashley Custer, and Sidney Custer on numerous occasions as they were instructed to do in the threatening text messages. The individuals reported that, in response to the threatening text messages, they had paid “the mafia” approximately 1.5 million over the past seven years, and approximately $250,000-$300,000 since moving to Florida. They said that, in response to threats they usually paid between $3,000 and $10,000 at a time, but that on at least one occasion they paid $50,000 after receiving a threatening message indicating that if they did not pay that amount a friend’s daughter would be killed.
This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant United States Attorney Nathaniel C. Henson.
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.
Member of the Imperial Gangsters Sentenced to 25 years in Prison for Murder and Racketeering ConspiracyRead the Press Release
WASHINGTON – A member of the Imperial Gangsters street gang was sentenced to 25 years in prison for murder and conspiracy to participate in racketeering activity, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.
Julian Guillermo Serna, aka Big Ju, 25, of Munster, Indiana, pleaded guilty to the charges on Dec. 27, 2013. Chief U.S. District Court Judge Philip P. Simon of the Northern District of Indiana imposed the sentence.
According to evidence presented at the sentencing hearing, Serna shot and killed Mario Soriano, a member of a renegade clique of the 139th Street Imperial Gangsters, with whom he had engaged in shootouts previously. Specifically, while riding in a car, Serna saw Soriano riding in another car. When Soriano began to lower his window, Serna shot repeatedly into the car, killing Soriano.
Of the 24 Imperial Gangsters who were indicted in this case, 22 have pleaded guilty.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; and the East Chicago Police Department. The Gary Police Department, the Hammond Police Department and the Lake County, Indiana, High Intensity Drug Trafficking Area Program provided assistance. This case is being prosecuted by Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section and Assistant U.S. Attorney David J. Nozick of the Northern District of Indiana.
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Shannon Meegan Sentenced for Conspiracy to Distribute Controlled a SubstanceRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Shannon Meegan, 34, of Hammond, Indiana was sentenced to 2 years of probation by Judge James Moody after pleading guilty to the felony offense of conspiracy to distribute a controlled substance.
According to documents filed in this case, between 2006 and 2012, Meegan conspired with one of her coworkers at a medical facility in Munster, Indiana to illegally distribute over 200,000 hydrocodone pills. The Drug Enforcement Administration estimates that the drugs distributed had a street value of over $1,000,000.
This case was the result of an investigation by the Drug Enforcement Administration’s (DEA) Chicago Strike Force and DEA’s Diversion Group. This case was prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Leader of Imperial Gangsters Sentenced to Life in Prison for Five Murders, One Attempted Murder and Other Gang-Related CrimesRead the Press Release
WASHINGTON – A leader of the Imperial Gangsters street gang was sentenced today to life in prison for five counts of murder in aid of racketeering and other RICO-related charges, announced Assistant Attorney General Leslie R. Caldwell of the Justice Department’s Criminal Division and U.S. Attorney David A. Capp of the Northern District of Indiana.
Juan Briseno, aka Tito, 25, of Hammond, Indiana, was sentenced by Chief Judge Philip P. Simon of the Northern District of Indiana to a total of six life sentences plus 10 years in prison. The life sentences will run consecutively.
On March 6, 2015, a federal jury in the Northern District of Indiana convicted Briseno of engaging in a RICO conspiracy, engaging in a drug distribution conspiracy, five counts of murder in aid of racketeering, one count of attempted murder in aid of racketeering, and a firearms count related to the attempted murder.
According to the evidence presented at trial, Briseno was a leader of the 149th Street Imperial Gangsters, a violent clique of the Imperial Gangsters based in East Chicago, Indiana. In his leadership role, Briseno supervised prospective gang members known as “shorties.”
The evidence showed that the Imperial Gangsters had a long-standing rule that gang members were to shoot rival gang members on sight, and that they had a policy to shoot anyone selling drugs in their neighborhood when such persons had not either purchased the drugs from the Imperial Gangsters or paid “taxes” to the gang for the right to sell drugs in their territory. The five murders of which Briseno was convicted were committed consistent with these directives.
According to witness testimony, Briseno expressed no remorse for his participation in various murders. Indeed, he bragged about killings and encouraged others to do the same.
With regard to the specific murders, the evidence at trial demonstrated that, on Sept. 26, 2007, Briseno knocked on Luis Ortiz’s apartment door in Hammond, Indiana, and shot him dead in the doorway. According to the evidence presented at trial, Briseno targeted Ortiz because he was a member of the rival Latin King Street Gang.
Additionally, the evidence showed that, on June 3, 2008, Briseno killed both Miguel Mejias, a former member of the Latin Kings, and Michael Sessum, an associate of Mejias, while they were unarmed and bringing takeout food to their pregnant girlfriends. According to the evidence presented at trial, Briseno fired multiple shots into Mejias’ residence, striking a female victim in the arm while she was holding her infant child. Another pregnant female victim and multiple minor victims also were inside the apartment at the time. According to testimony presented at trial, in the weeks prior to the confrontation, Mejias implored a common friend to tell Briseno that Mejias was no longer “gangbanging” and did not want any trouble. In response to this message, Briseno said, “[expletive] him, he was going to bring [Latin] Kings into our neighborhood.”
The evidence at trial also demonstrated that, on Feb. 7, 2010, Briseno and his associates murdered rival Two-Six gang member Miguel Colonas he was leaving a party in the Harbor Area of East Chicago. In this incident, Briseno and several associates laid in wait for Colon to leave the party, and then shot the unsuspecting Colon from a vehicle.
Finally, the evidence at trial demonstrated that, on June 19, 2010, Briseno murdered Latroy Howard because he was selling drugs in Imperial Gangster territory. A video introduced at trial showed Briseno’s vehicle circling the block several times prior to the murder, and then showed Briseno confronting Howard on foot and shooting him twice in the head at point-blank range.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; and the East Chicago Police Department. The Gary, Indiana, Police Department; the Hammond Police Department; and the Lake County High Intensity Drug Trafficking Area Program provided assistance. This case is being prosecuted by Assistant U.S. Attorney David J. Nozick of the Northern District of Indiana and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.
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Scott Klingerman Sentenced to 20 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Scott Klingerman, 45, of South Bend, Indiana, was sentenced on June 10, 2015, for wire fraud.
Klingerman was sentenced to 20 months imprisonment and 2 years of supervised release. He was also ordered to pay restitution of $26,654.62 to the Walkerton-Lincoln Township Public Library, and $6,238.68 to the State of Indiana.
According to documents in the case, Klingerman was Interim Director of the Walkerton-Lincoln Township Public Library, in Walkerton, Indiana, from 2010 through 2013. In 2012, Klingerman used library funds to pay for personal expenses such as his health club membership, and for rooms at a hotel in Tennessee, all without authorization.
This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jesse M. Barrett.
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Christian D. Shelton Found Guilty by Jury TrialRead the Press Release
FORT WAYNE – United States Attorney for the Northern District of Indiana, David Capp, announced that Christian D. Shelton, 38, of Fort Wayne, Indiana, was found guilty on June 4, 2015, by jury trial, of maintaining a drug-involved premises, possessing a firearm in furtherance of a drug trafficking crime, and possessing a firearm as a convicted felon.
According to the evidence presented at trial, in November 2012, detectives with the Fort Wayne Police Department obtained a search warrant and in partnership with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) executed that warrant at Shelton’s home on Gaywood Drive, Fort Wayne, Indiana. At Shelton’s home, officers located marijuana, two firearms, and other evidence of drug dealing.
Sentencing for Shelton will be scheduled at a later date by a separate court order. Any specific sentence to be imposed will be determined by the judge after a consideration of the federal sentencing statutes and federal sentencing guidelines.
This case was the result of an investigation by the Fort Wayne Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This trial was handled by Assistant United States Attorney Anthony W. Geller.
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Usbaldo Martinez Sentenced to 100 Months ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Usbaldo Martinez, 34, of Logansport, Indiana, was sentenced today to 100 months imprisonment, for possessing stolen firearms.
According to documents in the case, between November of 2013 and February of 2014, Usbaldo Martinez was involved with selling cocaine powder and several firearms in the Logansport area. The Drug Enforcement Administration and local law enforcement agencies were involved with making several purchases of cocaine and firearms from Mr. Martinez. Mr. Martinez was indicted by a federal grand jury in the Northern District of Indiana and pled guilty to firearms violations.
This case was the result of an investigation by the United States Drug Enforcement Administration. This case was prosecuted by Assistant United States Attorney Frank E. Schaffer.
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Federal Grand Jury in Fort Wayne Returns a Child Pornography Reciept and Possession IndictmentRead the Press Release
Fort Wayne, Indiana - The United States Attorney's Office announced the return of an indictment charging Dillon Douglas Kingsbery, 31, of Huntertown, Indiana with one count of knowingly receiving child pornography along with one count of possession of child pornography.
According to documents filed in this case, on December 30, 2014 and on several other dates, a Detective with the Indiana State Police conducted an online investigation of a peer-to-peer file exchange program known as BitTorrent. During the course of the investigation the detective was able to connect directly with the suspect’s computer and download files that are suspected as child pornography. Following several different downloads of suspected child pornography, the detective was able to track the Internet Protocol (IP) address from which the suspected child pornography was downloaded to the as suspect address. On April 14, 2015, the Indiana State Police executed a search warrant on the address, that was tied to Kingsbery, and found various electronic media devices to which they performed on-scene forensic triage locating in excess of 6000 images and/or videos of suspected child pornography.
This case is being investigated by the Federal Bureau of Investigation and the Indiana State Police with assistance with the Indiana State Police Cyber Crimes Unit also known as the Indiana Internet Crimes Against Children (ICAC) team.
This case has been assigned to and will be prosecuted by Assistant United States Attorney Lesley Miller Lowery.
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.
Darius Williams Sentenced to 12 Years ImprisonmentRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Darius Williams, 31, of South Bend, Indiana, was sentenced today, for distribution of heroin. Williams was sentenced to 12 years imprisonment and 6 years of supervised release.
According to documents in the case, in September of 2014, the United States Drug Enforcement Agency, the Elkhart County Prosecutor’s Office Interdiction and Covert Enforcement Unit (Elkhart ICE Unit), the South Bend Police Department Metro Special Operations Section (South Bend MSOS), the Indiana State Police and the U.S. Bureau of Alcohol Tobacco and Firearms initiated an investigation into heroin trafficking by several individuals operating in South Bend, Indiana. Through the course of the investigation an individual named Darius Williams was identified as consistently dealing heroin during the years of 2013 and 2014. During a search of Williams’ residence in South Bend, investigators found and seized a loaded firearm that was used during the course of heroin dealing.
This case was the result of an investigation by the United States Drug Enforcement Agency, the Elkhart County Prosecutor’s Office Interdiction and Covert Enforcement Unit (Elkhart ICE Unit), the South Bend Police Department Metro Special Operations Section (South Bend MSOS), the Indiana State Police and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Donald J. Schmid.
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Federal Grand Jury in Hammond Returns a 34 Count Superseding Indictment of Jack WeichmanRead the Press Release
HAMMOND- United States Attorney David Capp announced today that a federal grand jury returned a 34 count superseding indictment charging Jack Weichman with nine counts of bank fraud, fourteen counts of bankruptcy fraud, two counts of money laundering, four counts of wire fraud, and five counts of filing false federal income tax returns.
According to the superseding indictment, Weichman, a CPA, owned and operated an accounting firm and a medical billing firm in Munster, Indiana that managed medical practices and provided payroll, billing, accounting and tax services for its physician clients. Weichman is alleged to have illegally obtained over three million dollars from a local bank by obtaining money from his physician clients’ bank accounts, and obtaining lines of credit in the name of a client without the knowledge or permission of his clients. The proceeds from the lines of credit are alleged to have gone directly to Weichman who in turn used the money to, among other things, pay debts he owed to casinos. Weichman is also charged with defrauding a second bank into renewing a $355,133.68 term loan by omitting critical information he was required to provide the bank regarding his assets and liabilities. Specifically, it is alleged that Weichman failed to advise the bank that he owed the IRS approximately $2 million dollars in back taxes.
The superseding indictment also alleges that Weichman hid assets from his creditors and bankruptcy trustee during his Chapter 11 bankruptcy. As outlined in the superseding indictment, Weichman is alleged to have hidden hundreds of thousands of dollars that he paid to area casinos as well as tens of thousands of dollars in credit card payments for the purchase of items such as cigars, luxury handbags, sports memorabilia, and cruises. The bankruptcy charges identified in Counts 10 and 20 of the superseding indictment also trigger allegations of money laundering, alleging hundreds of thousands of dollars in criminally derived property.
A wire fraud scheme is also alleged in the superseding indictment. As part of the wire fraud scheme, the superseding indictment alleges that Weichman and employees at his accounting firm caused the transmission of withdrawal requests on a client’s IRA accounts to be faxed to brokerage offices in San Diego, CA and St. Louis Mo., without the client’s knowledge or permission. It is alleged in the superseding indictment that Weichman would direct his accounting firm employees to pretend to be the actual owner of the IRA accounts when contacting the brokerage firm. The money obtained from this scheme is alleged to have been used by Weichman for his own benefit, including gambling.
Finally, the superseding indictment alleges that Weichman filed five false income tax returns from approximately August 2009 through October 15, 2013.
This case was investigated by the Internal Revenue Service-Criminal Investigation Division, the Federal Deposit Insurance Corporation-Office of Inspector General, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorneys Diane L. Berkowitz and David Nozick.
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.
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Charles R. Seals of Fort Wayne SentencedRead the Press Release
FORT WAYNE – The United States Attorney for the Northern District of Indiana, David Capp, announces that today, Charles R. Seals, 25, of Fort Wayne, Indiana, was sentenced to a total of 228 months (19 years) of imprisonment along with a term of 2 years of supervised release following his plea of guilty to the felony offenses of armed bank robbery, brandishing a firearm during and in relation to a federal crime of violence, and assaulting and impeding a postal employee.
On December 5, 2013, Mr. Seals and his two codefendants committed the armed robbery of Wells Fargo Bank in Hoagland, Indiana. Prior to entering the bank, Mr. Seals confronted a postal employee at gunpoint and forced them into the bank. Mr. Seals and codefendant Calvin Miller then proceeded to conduct the armed robbery, with Mr. Seals threatening employees with a gun. After taking money from the bank, the two escaped in a getaway vehicle being driven by the third codefendant, Brandon Sizemore. Officers with the Fort Wayne Police Department, Allen County Police Department, and Indiana State Police were successful in apprehending all three suspects after a high speed pursuit.
This investigation was conducted by the FBI’s Northeast Indiana Federal Bank Robbery Task Force (NEIFBRTF) and the United States Postal Inspection Service. The NEIFBRTF is comprised of FBI agents, and personnel from the Indiana State Police, Allen County Police Department, Fort Wayne Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was prosecuted by Assistant United States Attorney Anthony W. Geller.
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Michael Nash Sentenced to 72 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Michael Nash, 40, of Gary, Indiana was sentenced today for conspiracy to defraud the United States in respect to filing false federal tax returns claims and aggravated identity theft.
Nash was sentenced to 6 years (72 months) imprisonment, 3 years of supervised release and ordered to pay $739,305.00 in restitution.
According to documents filed in this case, Nash filed almost 200 false tax returns for the year 2009 by claiming a larger earned income credit for his clients. This caused the IRS to issue larger refunds than should have been paid. Nash then prepared 87 tax returns for the year 2008 using many of his clients’ personal information without their knowledge. Nash defrauded the IRS in the total amount of $739,305.00.
This case was investigated by the Internal Revenue Service Criminal Investigation Division and prosecuted by Assistant United States Attorney Gary T. Bell.
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Justice Department Charges Owner of Indiana Mobile Home Park with Discrimination Against Families with ChildrenRead the Press Release
WASHINGTON – The Justice Department today filed a lawsuit against the corporate owner and agent of the Gentle Manor Estates, a 173-lot mobile home park located in Crown Point, Indiana, for discriminating against families with children in violation of the Fair Housing Act.
The lawsuit, filed in the U.S. District Court for the Northern District of Indiana, alleges that Gentle Manor Estates, LLC and John Townsend, the corporate owner and agent, respectively, of the Gentle Manor Estates, violated the Fair Housing Act by maintaining and enforcing a discriminatory policy of refusing to allow families with children to live at the mobile home park. The allegations are based on evidence generated by the department’s Fair Housing Testing Program, in which individuals pose as renters to gather information about possible discriminatory practices.
“For over 25 years, the Fair Housing Act has prohibited housing providers from discriminating against families with children,” said Principal Deputy Assistant Attorney General Vanita Gupta of the Justice Department’s Civil Rights Division. “The Justice Department will continue its vigorous enforcement of the Fair Housing Act to ensure that families with children have equal access to housing opportunities.”
The lawsuit seeks an order prohibiting the defendants from engaging in future unlawful discrimination. It also seeks the payment of a civil penalty and monetary damages for the individuals who were refused the opportunity to rent at Gentle Manor Estates because of familial status.
Individuals who may have information related to this lawsuit should contact the Justice Department toll-free at 1-800-896-7743, mailbox 9994, or e-mail the Justice Department at [email protected]. The federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. More information about the Civil Rights Division and the laws it enforces is available at www.usdoj.gov/crt.
The complaint is an allegation of unlawful conduct. The allegations must still be proven in federal court.
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South Bend’s Group Violence Initiative Means BusinessRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that James Dean Garcia, Jr, 33, of South Bend, Indiana, was sentenced today, for being a felon in possession of a firearm. Garcia was sentenced to 63 months imprisonment and two years of supervised release.
According to documents in the case, on September 6, 2014, Garcia was driving an SUV near the intersection of Calvert and Prospect Streets in South Bend when he fired several rounds from his vehicle. Officers responded to the call of shots fired and were on the scene when the suspected vehicle was traveling towards them at a high rate of speed. Officers initiated a traffic stop on the vehicle and identified the driver, James Dean Garcia, Jr. Officers learned Garcia had a suspended license. During the process of asking Garcia to step out of the vehicle, officers saw a spent shell casing on the driver’s seat. All occupants were removed from the vehicle and a firearm was discovered in the center console of the vehicle. Garcia admitted possessing and shooting the firearm saying that he wasn’t trying to hurt anyone but had done “something stupid.” Mr. Garcia has a lengthy criminal history which includes a prior felony conviction for a firearm offense.
In May of 2014, local police, prosecutors, the Clergy, members of the community, and social services began to work together to decrease gun violence in our streets by implementing the South Bend Group Violence Intervention (SBGVI) strategy. http://www.ci.south-bend.in.us/government/content/south-bend-group-violence-intervention . On August 28, 2014, several members of the community believed to be members of groups most likely to be victims or perpetrators of violence were invited to attend the SBGVI Call-In. The SBGVI Call-In is a component of the SBGVI Strategy at which attendees are asked to spread the message that shooting will not be tolerated. The Call-In included a presentation describing a vast array of social services and community organizations available for anyone needing assistance to leave a violent lifestyle. Attendees were given two warnings: (1) that the next member of a represented group to shoot someone would cause the entire group to face strict scrutiny from law enforcement and; (2) that law enforcement would continue its normal efforts to prosecution crimes against individual group members even when those groups were not the focus of heightened law enforcement attention. Mr. Garcia attended the SBGVI Call-In on August 28, 2014.
This case was the result of an investigation by the Bureau of Alcohol Tobacco and Firearms along with the South Bend Police Department. This case was prosecuted by Assistant United States Attorney Kenneth M. Hays.
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South Bend Police Officer Charged for Assaulting and Injuring an ArresteeRead the Press Release
WASHINGTON – The Justice Department announced that South Bend, Indiana, Police Department Officer Theodore Robert, 40, has been charged with a criminal civil rights violation for allegedly assaulting and injuring an arrestee at the St. Joseph County Jail. The incident at the jail occurred on May 30, 2010.
According to the indictment, South Bend Police Officer Theodore Robert, while acting under the color of law, willfully deprived G.H., an arrestee, of the right to be free from unreasonable searches and seizures. This includes the right to be free from the use of unreasonable force by a person acting under color of law. Specifically, Officer Robert assaulted G.H., resulting in bodily injury to G.H.
An indictment is merely an allegation, and the defendant is presumed innocent until proven guilty.
The Department of Justice Civil Rights Division enforces a federal provision regarding deprivation of rights under color of law.This provision makes it a crime for a person acting as a law enforcement officer to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
The investigation by the South Bend Resident Agency of the FBI is ongoing. The case is being prosecuted by Trial Attorneys Stephen Curran and Sanjay Patel of the Civil Rights Division, with the assistance of the U.S. Attorney’s Office for the Northern District of Indiana.
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Luis Percina Sentenced to 120 Months for Possession with Intent to Distribute 50 Grams or More of MethamphetamineRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Luis Pecina, 34, of Phoenix, AZ, was sentenced today for possession with intent to distribute 50 grams or more of methamphetamine.
Percina was sentenced to 10 years (120 months) imprisonment and 8 years of supervised release.
According to documents filed in this case, police stopped Pecina’s vehicle in the 3800 block of 179th Street, Hammond, Indiana on November 14, 2013. Officers searched the vehicle and found more than three hundred grams of methamphetamine. After waiving his rights, Percina admitted to officers that the methamphetamine was his and that his intent was to sell the methamphetamine to another individual.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant United States Attorney Jennifer Chang-Adiga.
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Imperial Gangster Jason Medina Sentenced to 325 Months ImprisonmentRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Jason Medina, 31, of East Chicago, Indiana, was sentenced today to 325 months imprisonment and 3 years supervised release for conspiracy to participate in racketeering and attempted murder in furtherance of racketeering.
Jason Medina aka “Burns” a member of the Imperial Gangsters Street Gang was part of a 24-defendant indictment alleging that members of the gang committed 13 homicides in East Chicago, Hammond and Gary, Indiana. The indictment charged a decade-long racketeering conspiracy that involved 19 additional attempted murders and large scale distribution of cocaine and marijuana.
On January 14, 2015, Medina plead guilty to a conspiracy to participate in racketeering activity. Medina’s involvement in this RICO conspiracy included committing the first degree murder of Guadalupe Trevino. This murder occurred on July 24, 2005 in Gary, Indiana. In addition to pleading guilty to the Trevino murder, Medina also pled guilty to an attempted murder in furtherance of racketeering activity that occurred on June 6, 2011.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the FBI and the East Chicago Police Department, with assistance from the Gary Police Department, the Hammond Police Department and the Lake County High Intensity Drug Trafficking Area Program. This case is being prosecuted by Assistant U.S. Attorney David J. Nozick of the Northern District of Indiana and Trial Attorney Bruce R. Hegyi of the Criminal Division’s Capital Case Section.
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Indiana Man Sentenced to 240 Years Imprisonment for Production, Possession and Distribution of Child PornographyRead the Press Release
Daniel T. Eckstrom, 32, of Lake Station, Indiana, was sentenced to 240 years of imprisonment followed by lifetime supervised release for his nine criminal convictions for production, distribution and possession of child pornography, announced U.S. Attorney David Capp for the Northern District of Indiana.
According to documents filed in the case, on Jan. 17, 2014, Eckstrom pleaded guilty to seven charges of producing child pornography, one charge of distributing child pornography and one charge of possessing child pornography.
The production of child pornography charges were based on Eckstrom’s capturing of thousands of images and hundreds of videos depicting three minor female victims under the age of 12 being caused to engage in sexually explicit conduct. One victim was sexually abused by Eckstrom over a period of five years. The court found that Eckstrom had used force to cause her to engage in sexual acts and also used threats of violence. Based on the evidence of child pornography production presented at sentencing, the court concluded that Eckstrom was a repeat and dangerous sex offender and sentenced him to consecutive terms of 30 years on each of the seven production of child pornography charges.
On the distribution of child pornography charge, the evidence presented at sentencing established that Eckstrom distributed depictions of two of his victims to others. As a result, over 600 depictions of one victim have been found in seven investigations in six different U.S. states and over 10,000 depictions of another have been found in 77 investigations in 29 different states. Eckstrom received a 20 year sentence for his distribution of child pornography charge and another 10 years for possession of child pornography, both consecutive to each other and consecutive to the production charges.
The investigation in this case began when Homeland Security Investigations (HSI) out of Salt Lake City, Utah, located an individual suspected of producing child pornography in Sandy, Utah and distributing the material via an email account. Upon further investigation, that target was found to be trading depictions, including depictions produced by Eckstrom, with another target out of Syracuse, New York. When the material was sent to the National Center for Missing and Exploited Children, an investigator with that agency helped identify Eckstrom. Once Eckstrom was located in northwest Indiana, local agents with HSI obtained a federal warrant to search his residence.
This case was a culmination of the great work that can be accomplished from outstanding coordination between various law enforcement agencies around the country to identify and bring serial child sexual abusers to justice.
This case was investigated by the U.S. Department of Homeland Security Investigations and prosecuted by Assistant U.S. Attorney Jill R. Koster.
Daniel T. Eckstrom Sentenced to 240 Years Imprisonment for Production, Possession and Distribution of Child PornographyRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Daniel T. Eckstrom, 32, of Lake Station, Indiana, was sentenced today to 240 years (2,880 months) of imprisonment followed by lifetime supervised release for his nine criminal convictions for Production, Distribution and Possession of Child Pornography.
According to documents filed in the case, on January 17, 2014, Eckstrom pled guilty to seven charges of producing child pornography, one charge of distributing child pornography and one charge of possessing child pornography.
The production of child pornography charges were based on Eckstrom’s capturing of thousands of images and hundreds of videos depicting three minor female victims under the age of 12 being caused to engage in sexually explicit conduct. One victim was sexually abused by Eckstrom over a period of 5 years. The court found that Eckstrom had used force to cause her to engage in sexual acts, and also used threats of violence. Based on the evidence of child pornography production presented at sentencing, the court concluded that Eckstrom was a repeat and dangerous sex offender and sentenced him to consecutive terms of 360 months (30 years) on each of the seven production of child pornography charges.
On the distribution of child pornography charge, the evidence presented at sentencing established that Eckstrom distributed depictions of two of his victims to others. As a result, over 600 depictions of one victim have been found in 7 investigations in 6 different U.S. states, and over 10,000 depictions of another have been found in 77 investigations in 29 different states. Eckstrom received a 240 month (20 year) sentence for his distribution of child pornography charge, and another 120 months (10 years) for possession of child pornography, both consecutive to each other and consecutive to the production charges.
The investigation in this case began when Homeland Security Investigations out of Salt Lake City, UT located an individual suspected of producing child pornography in Sandy, UT and distributing the material via an email account. Upon further investigation, that target was found to be trading depictions, including depictions produced by Eckstrom, with another target out of Syracuse, NY. When the material was sent to the National Center for Missing and Exploited Children, an investigator with that agency helped identify Eckstrom. Once Eckstrom was located in northwest Indiana, local agents with Homeland Security Investigations obtained a federal warrant to search his residence.
This case was a culmination of the great work that can be accomplished from outstanding coordination between various law enforcement agencies around the country to identify and bring serial child sexual abusers to justice.
This case was investigated by the United States Department of Homeland Security Investigations and prosecuted by Assistant United States Attorney Jill R. Koster.
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Week in Review – South BendRead the Press Release
South Bend, Indiana —The United States Attorney’s Office announced the following activity in Federal Court:
PLEAS:
Michael Spurgeon, 46, of Elkhart, Indiana, pled guilty before Magistrate Judge Christopher A. Nuechterlein to the felony offense of knowingly manufacturing marijuana. Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Drug Enforcement Administration.Sentencing has been set for 2/10/2014.This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
Gary Franklin, 46, of Elkhart, Indiana, pled guilty before Magistrate Judge Christopher A. Nuechterlein to the felony offense of knowingly and intentionally receiving, possessing, concealing, selling, or disposing of stolen vehicles that had crossed state lines after being stolen. Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Drug Enforcement Administration.Sentencing has been set for 2/12/2014.This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
Richard Maxson, 26, of Elkhart, Indiana, pled guilty before Magistrate Judge Christopher A. Nuechterlein to the felony offense of knowingly and intentionally receiving, possessing, concealing, selling, or disposing of stolen vehicles that had crossed state lines after being stolen. Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by Drug Enforcement Administration.Sentencing has been set for 2/12/2014. This case is being prosecuted by Assistant United States Attorney Frank Schaffer.
Tad Vandermark, 52, of Syracuse, Indiana, pled guilty before Magistrate Judge Christopher A. Nuechterlein to the felony offense of production of child pornography. Magistrate Nuechterlein is recommending that the district court accept the tendered guilty plea.Parties have 14 days in which to object to the magistrate judge’s recommendation. This charge was filed as a result of an investigation by the Federal Bureau of Investigation.Sentencing has been set for 2/6/2014.This case is being prosecuted by Assistant United States Attorney John Maciejczyk.
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.
DISPOSITIONS:
Paul Page, 49, of Indianapolis, Indiana, a defendant in the case US V Bales et al., was sentenced by District Judge Robert L. Miller Jr to 2 years’ probation and to pay $10,000 in fines after pleading guilty to the felony offense of scheming to commit wire fraud.According to documents filed in this case, Page devised a scheme to defraud a bank.When Page learned he needed to make a significant down payment to get a mortgage on a building he intended to buy and rent out to the State of Indiana, another person loaned him the money. Mr. Page promised to repay the loan out of the proceeds when he sold the building. Page knew that banks would require a disclosure of competing loans on a piece of property, and knew how to avoid disclosing this information to the bank. Page “spun” the ownership issue with the bank, and then signed false documents and false certifications.Page failed to inform the bank that a third party had loaned him the down payment in papers Page completed for the mortgage loan. This case was the result of an investigation by the Federal Bureau of Investigation. This case was prosecuted by Assistant United States Attorney Jesse Barrett.
Thomas Touhey, 56, of Walkerton, Indiana was sentenced by District Judge Robert L. Miller, Jr. to 20 months imprisonment and 1 year of supervised release after pleading guilty to the felony offense of unlawful transport of firearms.According to documents filed in this case, law enforcement was investigating complaints of drug trafficking from Touhey’s home as well as two active warrants for Touhey’s failure to register as a sex offender. Officers discovered marijuana and related paraphernalia.Officers also found a loaded shotgun on the premises. Touhey has a prior felony conviction for child molestation. This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives.This case was prosecuted by Assistant United States Attorney John Maciejczyk.
Vincente Osorio Sentenced to 10 YearsRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced that Vincente Osorio, 61, of Chicago, Illinois, was sentenced today for conspiracy to possess with intent to distribute over five kilograms of cocaine and attempt to possess with intent to distribute over five kilograms of cocaine.
Osorio was sentenced to 10 years (120 months) imprisonment and 5 years of supervised release.
According to documents filed in this case, between February and April 2014, Osorio conspired with others in an attempt to purchase over 25 kilograms of cocaine. On April 30, 2014 Osorio and a co-conspirator were arrested in Gary, after they traveled from Chicago, Illinois to Gary, Indiana with $125,000 in United States Currency where they attempted to procure 10 kilograms of cocaine.
This case was investigated by the Chicago, Illinois and Orange County, California Divisions within Homeland Security Investigations with assistance from the Illinois State Police and prosecuted by Assistant United States Attorney Thomas M. McGrath.
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Indiana Woman Charged with Involuntary ManslaughterRead the Press Release
Today, the filing of an Information charging Alicia Keir, 24, of Demotte, Indiana, with involuntary manslaughter for the death of her newborn child by failing to summon medical attention, announced U.S. Attorney David Capp for the Northern District of Indiana.
On October 10, 2011, Keir was aboard a cruise ship on the high seas, gave birth alone and failed to obtain any medical attention. The child died from exposure and lack of care. Jurisdiction for acts occurring upon the high seas can be in the district where a defendant resides. In conjunction with the information, Keir has filed a petition to enter a guilty plea to the involuntary manslaughter charge.
The U.S. Attorney’s Office emphasized that an information is merely an allegation and not proof of guilt. All persons charged are presumed innocent until and unless proven guilty in court.
This case was the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by the Assistant U.S. Attorneys Randall S. Stewart and Gary T. Bell.
Alicia Keir Charged with Involuntary ManslaughterRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today the filing of an Information charging Alicia Keir, 24 of Demotte, Indiana, with involuntary manslaughter for the death of her newborn child by failing to summon medical attention
On October 10, 2011, Keir was aboard a cruise ship on the high seas, gave birth alone and failed to obtain any medical attention. The child died from exposure and lack of care. Jurisdiction for acts occurring upon the high seas can be in the district where a defendant resides. In conjunction with the Information, Keir has filed a Petition to Enter a Plea of Guilty to the involuntary manslaughter charge.
The United States Attorney’s Office emphasized that an Information is merely an allegation and not proof of guilt. All persons charged are presumed innocent until and unless proven guilty in court.
This case was the result of an investigation by the Federal Bureau of Investigation and is being prosecuted by the Assistant United States Attorneys Randall M. Stewart and Gary T. Bell.
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Former Attorney Clark Holesinger Charged with Wire Fraud and Money LaunderingRead the Press Release
HAMMOND – United States Attorney for the Northern District of Indiana, David Capp, announced today the filing of a two-count information charging Clark Holesinger, 53 of Valparaiso, Indiana, with one count wire fraud and one count money laundering.
These charges relate to Holesinger’s practice of law in Porter County, Indiana, and his alleged fraudulent use of clients’ funds. A Petition to Enter a Plea of Guilty was filed in conjunction with the Information.
A change of plea hearing is set for Wednesday, April 29, 2015 at 1:15pm (EST) before Honorable Judge Robert L. Miller, Jr in South Bend District Court.
The United States Attorney’s Office emphasized that an Information is merely an allegation and not proof of guilt. All persons charged are presumed innocent until and unless proven guilty in court.This case was the result of an investigation by the Internal Revenue Service-Criminal Investigation Division, Social Security Administration-Office of Inspector General and is being prosecuted by the Assistant United States Attorneys Barbara Z. Brook and William T. Grimmer.
Michael Smith Sentenced for Tax Evasion and Structuring Financial TransactionsRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Michael Smith, of Mishawaka, Indiana, was sentenced today for tax evasion and structuring financial transactions.
Smith, age 60, was sentenced to 27 months imprisonment and will be required to pay restitution in the amount $429,795 to the Internal Revenue Service. In addition Smith will forfeit $656,019 cash to the United States. Smith pleaded guilty on 12/11/2014 to 1 count of tax evasion and 1 count of structuring financial transactions.
According to documents in the case, from 2008-2012, Smith, the owner of a heating/cooling business in Mishawaka, evaded over $400,000 in taxes during a five year period by failing to report business income on his tax returns. He also structured multiple cash transactions to avoid bank reporting requirements.
IRS Criminal Investigation Special Agent in Charge Stephen Boyd stated: "Honest, hardworking Americans are the victims and pay the price when others commit tax evasion. As a result of his crime Mr. Smith will pay a significant price and time in prison by attempting to hide income from the IRS."
This case was the result of an investigation by the Internal Revenue Service Criminal Investigation Division and prosecuted by the Assistant United States Attorney Jesse M. Barrett.
Two Six Nation Gang Members from Hammond IndictedRead the Press Release
HAMMOND – Two alleged members of the Two Six Nation street gang were indicted on attempted murder and firearms charges.
Charles Luis Garcia-Berrios, 22, and Julio Ivan Cartagena, 24, both of Hammond Indiana, were indicted on Wednesday, April 15, 2015 in the Northern District of Indiana on charges of attempted murder in aid of racketeering and use of a firearm during and in relation to a crime of violence. The charges arise from a car chase and shooting that occurred on August 31, 2013, during which stray rounds penetrated the house of a Hammond Police Department officer.
Both defendants appeared today before Judge John E. Martin for a hearing. Charles Luis Garcia-Berrios pleaded not guilty, waived detention and was detained pending trial. Julio Ivan Cartagena also pleaded not guilty and has a detention hearing scheduled for April 30, 2015.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and not proof of guilt. All persons charged are presumed innocent until and unless proven guilty in court.This case is being investigated by the Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives and Hammond Police Department. This case is being prosecuted by the United States Department of Justice Criminal Division Trial Attorney Andrew Creighton and Assistant U.S. Attorney David Nozick of the Northern District of Indiana.
Darron Webb Sentenced for Possession with Intent to Distribute More Than 100 Grams of HeroinRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Darron Webb, 29, of South Bend, Indiana, was sentenced today, for possession with intent to distribute more than 100 grams of heroin.
Webb was sentenced to 10 years imprisonment and 4 years of supervised release.
According to documents in the case, in September of 2014, the United States Drug Enforcement Agency, the Elkhart County Prosecutor’s Office Interdiction and Covert Enforcement Unit (Elkhart ICE Unit), the South Bend Police Department Metro Special Operations Section (South Bend MSOS), the Indiana State
Police and the U.S. Bureau of Alcohol Tobacco and Firearms initiated an investigation into heroin trafficking by several individuals operating in South Bend, Indiana. Information was received by investigators indicating that a male known as “D” was dealing heroin in South Bend, Indiana. “D” was later identified as Darron A. Webb. In early October 2014, Darron Webb possessed at one time 100 grams or more of a mixture or substance containing a detectable amount of heroin as part of his heroin trafficking.
This case was the result of an investigation by the United States Drug Enforcement Agency, the Elkhart County Prosecutor’s Office Interdiction and Covert Enforcement Unit (Elkhart ICE Unit), the South Bend Police Department Metro Special Operations Section (South Bend MSOS), the Indiana State Police and the U.S. Bureau of Alcohol Tobacco and Firearms. This case was prosecuted by Assistant United States Attorney Donald J. Schmid.
Andre Allan Forbes Sentenced for Being A Felon in Possession of A Firearm, Cocaine Trafficking and Witness TamperingRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Andre Allan Forbes, 32, of South Bend, Indiana, was sentenced yesterday, for crack cocaine trafficking, possession of a firearm by convicted felon and witness tampering.
Forbes was sentenced to 18 years imprisonment and 6 years of supervised release.
According to documents in the case, Forbes was previously convicted in 2010 in federal court of possession with intent to distribute cocaine base and possession of a firearm in furtherance of a federal drug trafficking crime. In the Fall of 2013, while he was a convicted felon and while he was engaged in crack cocaine and powder cocaine distribution, Forbes illegally possessed a Kel-Tec pistol in South Bend, Indiana.
Additionally, after Forbes was indicted by a federal Grand Jury and while awaiting his trial in the case, Forbes asked his cousin to lie for him. This became the subject of an additional federal charge that was lodged against Forbes.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the South Bend Police Department. This case was prosecuted by Assistant United States Attorney Donald J. Schmid.
Isaiah M. Samelton Sentenced for Felon in Possession of A FirearmRead the Press Release
SOUTH BEND – United States Attorney for the Northern District of Indiana, David Capp, announced that Isaiah M. Samelton, 20, of South Bend, Indiana, was sentenced today, for being a felon in possession of a firearm.
Samelton was sentenced to 42 months imprisonment and 3 years of supervised release.
According to documents in the case, on May 1, 2014, Samelton, a convicted felon, was caught possessing a semi-automatic pistol that was loaded and had a round in the chamber. Samelton endangered the lives of police and citizen motorists when he fled from police going more than 100 mph and when he tossed the loaded gun from his car, which was recovered by police.
This case was the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Indiana State Police, and the South Bend Police Department. This case was prosecuted by Assistant United States Attorney Donald J. Schmid.
Ronnie Cosby Indicted for Transporting A Minor with Intent to Engage in ProstitutionRead the Press Release
Hammond, Indiana - The United States Attorney’s Office announced that a Grand Jury sitting in Hammond, Indiana, returned the following indictment on March 19, 2015.
Ronnie Cosby, 39, of Hammond, Indiana, is charged with transporting a 15-year old minor on or about February 12, 2015, from Indiana to Illinois, with the intent that the minor engage in prostitution. The defendant is in custody and appeared today in federal court for his arraignment.
This indictment was the result of an ongoing investigation by Homeland Security Investigations. Anyone with information about this investigation or Ronnie Cosby is urged to contact the Homeland Security Investigations Tip Line at 866-DHS-2-ICE (866-347-2423) or email at [email protected]. This case has been assigned to and will be prosecuted by Assistant United States Attorneys Abizer Zanzi and Jill Koster.
The United States Attorney’s Office emphasized that an Indictment is merely an allegation and not proof of guilt. 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 the federal sentencing statutes and federal sentencing guidelines.