Eastern District of Louisiana
Press releases recorded for this federal judicial district.
Slidell Woman, Nicole Nicholas, Charged with ForgeryRead the Press Release
NICOLE NICHOLAS, age 39, a resident of Slidell, Louisiana, was charged in a bill of information today with forgery, announced U. S. Attorney Dana Boente. According to court documents, the defendant was employed by Company "A" from 1999 until June 22, 2010. NICHOLAS was in charge of the accounting, banking and finances, including the accounts payable, of the business conducted by Company "A." On May 22, 2009, the defendant intentionally possessed a $3,398.09 counterfeit check of Company “A” and used it to pay for private school tuition.
If convicted, NICHOLAS faces a maximum term of imprisonment of ten years, as well as a fine of $250,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Special Agents of the Federal Bureau of Investigation and the prosecution is being handled by Assistant United States Attorney Jon Maestri.
(Download Bill of Information )
Richard Mcneal Pleads Guilty to Selling Counterfeit Bcs National Championship & Super Bowl TicketsRead the Press Release
RICHARD MCNEAL, age 47, a resident of Randallstown, Maryland, pled guilty in federal court today before U.S. District Judge Mary Ann Vial Lemmon to Trafficking in Counterfeit Goods, announced United States Dana J. Boente. MCNEAL is scheduled to be sentenced on September 19, 2013.
According to Court documents, the defendant travelled to New Orleans on or about January 8, 2012 in order to sell counterfeit tickets to the 2012 Allstate BCS National Championship game. Because there were no available hotel rooms in New Orleans, the defendant travelled to Picayune, Mississippi and stayed at a Days Inn motel. While staying at the Days Inn, the defendant sold four counterfeit tickets, for a total of $3,000.00, to victims who wanted to attend the BCS National Championship Game. When the victims tried to enter the Louisiana Super Dome to attend the game, the tickets were rejected for being counterfeit. The victims then returned to Picayune, Mississippi and reported the crime to local police.
On or about February 2, 2013, the defendant travelled to New Orleans to sell counterfeit tickets to the Super Bowl. During the events leading up to the Super Bowl, Homeland Security Investigations (HSI) and the National Football League (NFL) set up the NFL Ticket Reconciliation Office (TRO), located at 1515 Poydras Street, as part of an effort to investigate counterfeit Super Bowl ticket sales. On February 3, 2013, at approximately 11:45 a.m., HSI Special Agents were contacted by a victim who sought to verify the authenticity of two tickets she had purchased from the defendant for a total of $1650.00. After it was determined that the tickets were counterfeit, the victim provided the defendant’s contact information to HSI Special Agents.
On February 3, 2013, at approximately 12:10 p.m., HSI Special Agents, acting in an undercover capacity, arranged to meet the defendant at a local coffee shop in order to purchase Super Bowl tickets. At the coffee shop, the defendant offered to sell two Super Bowl tickets, for a total of $2,600.00, to an undercover HSI Special Agent. Officers of the New Orleans Police Department, who were working with the HSI Special Agents, then arrested the defendant after it was determined that the tickets were counterfeit.
On February 3, 2013, at approximately 2:40 p.m., a second victim entered the TRO and was in possession of two counterfeit tickets he had purchased from the defendant for a total of $1000.00. The victim had the defendant’s telephone number, and positively identified a photo of the defendant as the person who had sold him the counterfeit tickets.
“Counterfeit goods steal revenue from legitimate businesses that pay taxes and employ workers, but counterfeit tickets also rip off unsuspecting fans who are left without their money and without a ticket,” said Special Agent in Charge of HSI New Orleans Raymond R. Parmer, Jr. “Organized criminals prey on the excitement surrounding big events; the public should remember any item that seems ‘too good to be true’ should be cause for caution and concern.” Parmer oversees a five-state area of responsibility including Louisiana, Alabama, Arkansas, Mississippi and Tennessee.
This case was investigated by Homeland Security Investigations, Customs and Border Protection, the Picayune Police Department, the Pearl River County District Attorney’s Office, the New Orleans Police Department and the Orleans Parish District Attorney’s Office. This case was prosecuted by Assistant U.S. Attorney G. Dall Kammer.
(Download Factual Basis )
Benjamin Bennett Pleads Guilty to Charges Related to Filing Fraudulent Claims for Oil Spill CompensationRead the Press Release
BENJAMIN BENNETT, age 23, a resident of New Orleans, Louisiana, pled guilty in federal court today before U. S. District Judge Nannette Jolivette Brown to one count of conspiracy to commit mail fraud relating to a fraudulent application he made or caused to be made to the Gulf Coast Claims Facility (GCCF) for financial assistance during the aftermath of the Deepwater Horizon oil spill, announced U. S. Attorney Dana J. Boente.
According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion. The GCCF required individuals to verify loss of income. On October 12, 2010, BENNETT applied for disaster assistance funds, representing that he was operating a commercial fishing business before the oil spill. However, BENNETT had never worked as a commercial fisherman and he submitted or caused to be submitted false documentation to establish his false earnings. Based on BENNETT’S fraudulent application, BENNETT received approximately $43,400 to which he was not entitled.
BENNETT faces a maximum term of imprisonment of five years, a $250,000 fine, and three years of supervised release following imprisonment. Sentencing is set for October 3, 2013.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by the U.S. Postal Inspection Service and the U. S. Secret Service, and prosecuted by Assistant U. S. Attorney Julia K. Evans.
(Download Factual Basis )
Millette Womack Pleads Guilty to Defrauding Gulf Coast Claims FacilityRead the Press Release
MILLETTE WOMACK, age 38, a resident of New Orleans, Louisiana, pled guilty in federal court today before U.S. District Judge Stanwood R. Duval to conspiracy to commit wire fraud relating to a fraudulent application she made to the Gulf Coast Claims Facility (GCCF) for financial assistance in the aftermath of the Deepwater Horizon oil spill in the Gulf of Mexico, announced U. S. Attorney Dana J. Boente.
According to court documents, the GCCF made disaster assistance money available to individuals and businesses affected by the oil spill resulting from the Deepwater Horizon explosion. The GCCF required individuals to verify loss of income. On October 24, 2010, the GCCF received WOMACK’s online claim form seeking an emergency 6-month payment in the amount of $10,000, wherein WOMACK falsely stated she lost earnings as a result of the Deepwater Horizon oil spill. Documentation in support of WOMACK’s claim included copies of fraudulent earning statements indicating that prior to the oil spill, WOMACK had worked as a line cook at Don’s Seafood Hut Restaurant & Oyster Bar, when, in fact, she was never so employed. As a result of these false representations and documentation contained in the claim, the GCCF paid WOMACK approximately $13,100.00.
WOMACK faces a maximum term of imprisonment of five (5) years, a fine of $250,000.00 and three (3) years of supervised release following any term of imprisonment. Sentencing is set for September 18, 2013.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Loan “Mimi” Nguyen.
(Download Factual Basis )
Joshua Nettles Sentenced to over 8 Years in Prison for Receiving Images and Movies Depicting the Sexual Exploitation of ChildrenRead the Press Release
JOSHUA NETTLES, age 38, a resident of Covington, Louisiana, was sentenced today by the U.S. District Court Judge Martin L.C. Feldman to 97 months after previously pleading guilty to receiving and possessing images depicting the sexual victimization of children, announced U. S. Attorney Dana J. Boente. Further, after NETTLES is released from prison, he will be subject to 5 years of supervised release and will be required to register as a sex offender.
According to court documents, NETTLES sought out, downloaded, and saved digital images depicting the sexual exploitation of prepubescent minors, including images of victims younger than four years old. A forensic review of NETTLES’ computer revealed that he had downloaded and saved approximately 1409 files and 14 videos depicting the sexual victimization of these children.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by special agents from the Federal Bureau of Investigation. The prosecution of this case was handled by Assistant United States Attorney Jordan Ginsberg.
Alabama Man Living in Metairie, James W. Henley, Pleads Guilty for Failure to Register as Sex OffenderRead the Press Release
JAMES W. HENLEY, age 45, a resident of Metairie, Louisiana, plead guilty today to an indictment by a Federal Grand Jury for failure to register as a sex offender, announced U. S. Attorney Dana J. Boente.
HENLEY faces a maximum term of imprisonment of ten (10) years, a fine of $250,000 and up to three (3) years of supervised release. Sentencing is scheduled for October 9, 2013 before U.S. District Court Judge Martin L. C. Feldman.
According to documents filed in federal court, in 1995, HENLEY pled guilty to Rape in the Second Degree, a class B felony, in the Circuit Court of Covington County, Alabama. HENLEY was sentenced to 15 years imprisonment under the Habitual Offender Act. Prior to HENLEY’s release, on January 23, 2001, he was advised that he would have to register/notify law enforcement authorities of his address for the next 25 years.
In October 2012, HENLEY moved from Alabama to Louisiana and failed to notify law enforcement authorities of his move. On January 11, 2013, Deputy U.S. Marshals observed HENLEY walking along Metairie Lawn Drive in Metairie, Louisiana. HENLEY was placed under arrest and advised of his Miranda rights. Marshals confirmed that HENLEY had not registered with either Jefferson Parish or any law enforcement agency in the state of Louisiana. Further, HENLEY failed to notify the authorities in Alabama that he had moved to Louisiana.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by the U.S. Marshals Service. The prosecution of this case was handled by Project Safe Childhood Coordinator and Strike Force Chief, Assistant U. S. Attorney Brian M. Klebba.
(Download Factual Basis )
Netzahualcoyotl Guinto-ascenscio Sentenced for Unlawfully Transferring A Fraudulent Identification DocumentRead the Press Release
NETZAHUALCOYOTL GUINTO-ASCENSCIO, age 37, a citizen of Mexico, was sentenced today in federal court by U. S. District Judge Jay C. Zainey, announced U. S. Attorney Dana Boente. GUINTO was sentenced to approximately six months imprisonment. In addition to the term of imprisonment, Judge Zainey ordered that GUINTO be placed on one year of supervised release following his term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release. He will be turned over to U.S. Immigration and Customs Enforcement for immigration processing upon his release from imprisonment.
According to court documents, on March 21, 2013, GUINTO pled guilty to one count of a three-count indictment admitting that on or about October 16, 2012, he sold a counterfeit Social Security card, knowing that the identification document was produced without lawful authority, and the false identification document appeared to have been issued by or under the authority of the United States. The two remaining counts were dismissed by Judge Zainey on the government’s motion pursuant to GUINTO’s guilty plea.
The case was investigated the U. S. Department of Homeland Security, Homeland Security Investigations. The case was prosecuted by Special Assistant United States Attorney Robert Weir.
Shanera Washington-sylve Charged with Financial Aid FraudRead the Press Release
SHANERA WASHINGTON-SYLVE, age 46, a resident of Marrero, Louisiana, was charged in a one-count bill of information filed today for financial aid fraud, announced U. S. Attorney Dana J. Boente.
According to the Bill of Information, WASHINGTON-SYLVE submitted or caused to be submitted false Free Application for Federal Student Aid (“FAFSA”) forms, on behalf of her daughter for the 2009 through 2013 academic years, falsely stating that she was “single”. As a result of WASHINGTON-SYLVE’s false statements in the applications, her daughter fraudulently received approximately $23,196 in Federal Pell Grants from the United States Department of Education, an agency and department of the United States.
If convicted, WASHINGTON-SYLVE faces a maximum term of imprisonment of five years, a $20,000 fine, three years of supervised release following any term of imprisonment, and a $100 special assessment.
The case was investigated by the U.S. Department of Education, Office of Inspector General. The case is being prosecuted by Assistant U. S. Attorney Julia K. Evans.
U. S. Attorney Boente reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
(Download Bill of Information )
Lazaro Carbajal-aviles Pleads Guilty and Sentenced for Illegal ReentryRead the Press Release
LAZARO CARBAJAL-AVILES, age 41, a citizen of Mexico, pled guilty in federal court today before U.S. District Judge Helen G. Berrigan to a one-count indictment charging him with illegal re-entry by a removed alien, announced U.S. Attorney Dana J. Boente. Judge Berrigan then sentence CARBAJAL to time served, and ordered that he be placed on three years of supervised upon his release from custody, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release. CARBAJAL will be transferred to the custody of U.S. Immigration and Customs Enforcement.
According to court documents, CARBAJAL admitted that on or about February 27, 2013, he was an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
This case was investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations with the assistance of the Louisiana State Police and the Louisiana Department of Wildlife and Fisheries. The case was prosecuted by Special Assistant United States Attorney Robert Weir.
(Download Factual Basis )
Superseding Indictment Returned for Violations of the Federal Controlled Substances Act and Federal Gun Control ActRead the Press Release
GIE PRESTON, age 38; BURNELL ALLEN, age 33; SONNY ALLEN, age 40; LIONEL ALLEN, age 19; EUGENE ALLEN, age 30; EMANUEL CASAME, age 25; and MARK RAYFIELD, age 25, all residents of New Orleans, were charged yesterday in a 16-count superseding indictment unsealed today. Defendant PRESTON had previously been indicted in March 2012. The superseding indictment charges all defendants with conspiring to distribute and possess with the intent to distribute 280 grams or more of cocaine base “crack”. Defendants PRESTON, SONNY ALLEN, EUGENE ALLEN, BURNELL ALLEN, and LIONEL ALLEN were also charged with conspiracy to possess firearms in furtherance of drug trafficking crimes. In addition, PRESTON and LIONEL ALLEN were charged with possessing firearms in furtherance of drug crimes. Finally, PRESTON was charged with being a felon in possession of a firearm.
If convicted of the drug conspiracy, all defendants face a maximum penalty of 10 years to life imprisonment, a fine of $10,000,000 and a 5 year term of supervised release. Additionally, PRESTON faces an additional maximum penalty of 30 years to life imprisonment, a fine of $250,000, and a 3 year term of supervised release to be served consecutively to any other sentence imposed. Finally, LIONEL ALLEN faces an additional maximum penalty of 5 years to life imprisonment, a fine of $250,000, and a 3 year term of supervised release to be served consecutively to any other sentence imposed.
U.S. Attorney Boente reiterated that the superseding indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
(Download Superseding Indictment )
Kenneth Wayne Bates Sentenced After Pleading Guilty to Cocaine ChargeRead the Press Release
KENNETH WAYNE BATES, 55, a resident of St. Joseph, Louisiana, was sentenced today by U. S. District Judge Jane Trich Milazzo to ninety-six months imprisonment and four years of supervised release, announced U. S. Attorney Dana J. Boente.
BATES pled guilty on March 7, 2013 to one count of possession with intent to distribute five hundred grams or more of cocaine hydrochloride. The possession with intent to distribute count carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of forty years.
The investigation was conducted by Special Agents of the Department of Homeland Security and the Louisiana State Police. The case was prosecuted by Assistant U. S. Attorney André Jones.
Former Executive Director of Noah, Stacey Jackson, IndictedRead the Press Release
STACEY JACKSON, age 46, a resident of New Orleans, Louisiana, was charged in a four count indictment by a Federal Grand Jury today with Conspiracy, Soliciting and Demanding Payment in Association with a Program Receiving Federal Funds, Theft of Federal Funds, and Obstruction of Justice, announced U. S. Attorney Dana Boente.
According to court documents, JACKSON, the Executive Director of New Orleans Affordable Homeownership (“NOAH”), a city agency and non-profit corporation, conspired with Earl Myers, Trellis Smith, and others to misuse and personally benefit from federal funds that NOAH had received, in violation of the law. The United States Department of Housing and Urban Development (“HUD”), both before and after Hurricane Katrina, had provided grant money to the City of New Orleans to address blight within the city and to remediate homes damaged by the storm.
STACEY JACKSON, as the Executive Director of NOAH, was responsible for the day to day management of the agency and determined how much each sub-contractor would be paid. According to the Indictment, JACKSON arranged for excessive payments to subcontractors with the expectation that those subcontractors would kickback portions of the overpayments to JACKSON’S benefit.
Additionally, JACKSON is charged with Obstructing Justice by submitting false and forged invoices to a Federal Grand Jury in response to Grand Jury subpoenas.
If convicted, JACKSON faces a maximum term of imprisonment of five (5) years along with a fine of $250,000, and three (3) years of supervised release on the Conspiracy count, and ten (10) years, a fine of $250,000.00 and three (3) years of supervised release for the additional counts.
U. S. Attorney Boente reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service, and the Department of Housing and Urban Development—Office of Inspector General.
The case is being prosecuted by Assistant U. S. Attorney Dan Friel and First Assistant United States Attorney Fred Harper.
(Download Indictment )
Rachell Thomas Pleads Guilty to Conspiracy to Commit Wire Fraud in Aftermath of Bp Oil SpillRead the Press Release
RACHELL THOMAS, age 36, of New Orleans, Louisiana, pled guilty to conspiracy to commit wire fraud relating to applications for financial assistance in the aftermath of the Deepwater Horizon oil spill, announced U. S. Attorney Dana J. Boente.
The Gulf Coast Claims Facility (GCCF) made disaster assistance money available to individuals affected by the oil spill resulting from the Deepwater Horizon explosion in the Gulf of Mexico. The GCCF required individuals to verify loss of income. According to court documents, THOMAS and approximately 22 co-conspirators created claim forms in which they falsely claimed to work for seafood restaurants and to have suffered financially through lost employment as a result of the Deepwater Horizon incident. To support these fraudulent claims, THOMAS created false earnings statements and letters from fictitious restaurants and faxed them to the GCCF during September and October 2010. THOMAS and the other conspirators attempted to defraud the GCCF of a total of $188,500. THOMAS obtained $8,000 as a result of the scheme.
THOMAS faces a maximum term of five years imprisonment, a fine of up to $250,000, and up to three years of supervised release following any term of imprisonment. Sentencing is set for September 18, 2013.
This case was brought as part of this District’s partnership with the National Center for Disaster Fraud (NCDF), a nationwide initiative to protect available funds and assistance for those victims of both natural and man-made disasters such as hurricanes, floods, tornadoes and the recent Gulf oil spill. If you have knowledge of fraud, waste, abuse, or allegations of mismanagement involving disaster relief operations, you can contact the NCDF by either calling the hotline at (866) 720-5721, faxing (225) 334-4707, emailing at [email protected] or in writing to National Center for Disaster Fraud, Baton Rouge, LA 70821-4909.
The case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant United States Attorney Chandra Menon.
(Download Factual Basis )
Illegal Alien, Nestor Murcia-carpio, Sentenced for Illegal Use of A Social Security Number, Making A False Claim to U.s. Citizenship and Making False Statements on A Passport ApplicationRead the Press Release
NESTOR MURCIA-CARPIO, age 35, a citizen of Honduras, was sentenced today in federal court by U. S. District Judge Helen G. Berrigan to approximately eight months imprisonment, announced U. S. Attorney Dana Boente. In addition to the term of imprisonment, Judge Berrigan ordered that MURCIA be placed on one year of supervised release following his term of imprisonment, during which time the defendant will be under federal supervision and risk an additional term of imprisonment should he violate any terms of supervised release.
According to court documents, on March 27, 2013, MURCIA pled guilty to a three-count superseding bill of information admitting that on July 7, 2009, he falsely represented that a Social Security number had been assigned to him by the Commissioner of Social Security with intent to deceive, for the purpose of obtaining a Louisiana Identification Card at a Louisiana Office of Motor Vehicles located in Houma. MURCIA also admitted that he falsely represented himself to be a citizen of the United States on October 14, 2009, when he filed an application for a Louisiana Driver’s License at the Office of Motor Vehicles in Houma when, in fact, he was illegally present in the United States. MURCIA further admitted that he knowingly made false statements in a United States passport application by providing a false name, date of birth, place of birth, and Social Security Number, to secure the issuance of a United States Passport for his own use on or about October 8, 2010.
This case was investigated by Special Agents of Homeland Security Investigations with the assistance of the Louisiana State Police and the United States Department of State, Diplomatic Security Service. The prosecution was handled by Special Assistant United States Attorney Robert Weir.
Arlen "benny" Cenac Jr. Pleads Guilty to Making False Statements to the Federal Election CommissionRead the Press Release
The president of a Louisiana towing company pleaded guilty today to using his personal and business accounts to fund campaign contribution checks in the names of others in support of two candidates for the U.S. Senate, Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and U.S. Attorney Dana Boente announced.
ARLEN “BENNY” CENAC JR., 57, a resident of Houma, La., and the president and owner of Cenac Towing, pleaded guilty today to making false statements to the Federal Elections Commission (FEC). He faces a maximum penalty of five years in prison when he is sentenced on Sept. 5, 2013, before U.S. District Judge Carl Barbier.
“Today’s plea marks the second campaign finance conviction in a week and is one of many such cases brought throughout the nation,” said Acting Assistant Attorney General Raman. “Mr. CENAC’s crime undermined the cornerstones of campaign finance laws, and his conviction demonstrates our resolve to hold accountable anyone who corrupts our electoral process.”
“Mr. CENAC, in an effort to increase his political contributions, structured his financial transactions and created false documents,” said U.S. Attorney Boente. “This prosecution should serve as a warning to people who attempt to hide their identity and make contributions in excess of legal limits.”
According to the plea documents, CENAC obtained cashier’s checks using his personal and corporate funds in names of individuals other than himself, including people he knew professionally, personally, or through family relations. CENAC neither sought nor obtained the permission of the individuals he listed as remitters on the cashier’s checks. He then submitted the checks as campaign contributions to the campaigns of two U.S. Senate candidates, causing the campaigns to submit materially false information regarding the source and the amount of the contributions to the FEC.
The case was investigated by the FBI’s New Orleans Division. Trial Attorney Tracee Plowell of the Public Integrity Section and Assistant U.S. Attorney Daniel Friel of the Eastern District of Louisiana are prosecuting the case on behalf of the United States.
(Download Factual Basis )
Two Men Charged with Conspiracy to Bribe Agent of Local Government in Connection with Program Receiving Federal FundsRead the Press Release
ZUHAIR AMEER HAMED, age 40, and JIHAD HATEM HAMAD, age 27, both residents of Gretna, Louisiana, were charged today with Conspiracy to Bribe an Agent of Local Government in Connection with a Program Receiving Federal Funds in a one-count Bill of Information, announced U. S. Attorney Dana J. Boente. Mr. Boente commended the local public official identified in court documents as Public Official A for reporting to law enforcement the facts which led to the opening of the investigation, and for cooperating in the investigation.
According to court documents, JIHAD HAMAD was the owner and operator of a convenience store located in Harahan, Louisiana, who was seeking a permit allowing the sale of wine and hard liquor at his store. ZUHAIR HAMED assisted in the efforts of JIHAD HAMAD to obtain the liquor permit. Public Official A, the Chief of Police of the City of Harahan, repeatedly stated that he would oppose the issuance of such permit because the convenience store was located within 300 feet of a church.
According to court documents, in March 2012, JIHAD HAMAD offered to have a contribution made to the public official’s campaign committee in exchange for his statement of no objection to the application for the liquor permit. ZUHAIR HAMED then met several times with the public official, discussed the liquor permit, and offered to make payments in cash, by blank money order, or by business checks to the official’s campaign. In May and June of 2012, JIHAD HAMAD gave ZUHAIR HAMED $3,000 to be used to make payments to the public official. ZUHAIR HAMED then paid the public official a total of $3,000 in two payments, one in cash, and one by means of a check drawn on the account of a business related to ZUHAIR HAMED’s family member, on which check the payee was blank. He also agreed to make additional payments to the public official in the future.
If convicted, ZUHAIR AMEER HAMED and JIHAD AMEER HAMED face a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the Bill of Information is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation and the United States Attorney’s Office. The case is being prosecuted by Executive Assistant U. S. Attorney Eileen Gleason.
(Download Bill of Information )
St. Charles Parish Tax Preparers, Cathy Ross Vinnett and Lashanda Ruth Vinnett, Indicted by Federal Grand JuryRead the Press Release
CATHY ROSS VINNETT, 46, and her daughter, LASHANDA RUTH VINNETT, 29, of Destrehan, Louisiana, were indicted today for conspiracy to defraud the United States and, specifically, the Internal Revenue Service, announced U. S. Attorney Dana J. Boente.
According to court documents, CATHY VINNETT opened the D&C Tax Service (“D&C”) in 2006 and in 2008 the VINNETTS created River Parish Tax Professionals (“River Parish”). River Parish was established by LASHANDA and CATHY VINNETT for the purpose of filing fraudulent tax returns using the First-Time Homebuyer Credit (“FTHBC”). The FTHBC was available for people who purchased a new home between April 1, 2008 and July 1, 2009. Since this was a refundable tax credit, a filer did not have to have any federal tax withholdings for that year in order to claim a tax refund. For the period alleged in this indictment, the VINNETTs, through their company River Parish, filed approximately 311 tax returns resulting in $1.8 million dollars in refunds. Of those 311 returns that were filed, 237 or 76% of the returns claimed the FTHBC.
The VINNETTs face a maximum penalty of ten years imprisonment, followed by up to three years of supervised release, and a $250,000 fine.
U. S. Attorney Boente reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is being investigated by special agents from the Internal Revenue Service-Criminal Investigation Division. The prosecution of this case is being handled by Strike Force Chief and Assistant U. S. Attorney Brian M. Klebba.
(Download Indictment )
Siranush Tulumdzhyan and Company Plead Guilty to Conspiracy to Commit Health Care Fraud ViolationsRead the Press Release
SIRANUSH TULUMDZHYAN, age 28, of Van Nuys, California, pled guilty today before U. S. District Court Judge Eldon E. Fallon to conspiracy to commit health care fraud, announced U. S. Attorney Dana J. Boente. Also pleading guilty today to health care fraud conspiracy was LA MEDICAL GROUP, INC., a Louisiana corporation that operated as a medical clinic.
According to the bill of information, the defendants participated in a criminal organization for the purpose of fraudulently billing Medicaid. Patients went to the medical clinic for medical tests that were not performed or medically necessary. Patients were moved between the Metairie Health Care to LA MEDICAL to repeatedly perform the same unnecessary tests. Metairie Health care has already been sentenced for the same activity. According to the bill of information, if the patients refused the diagnostic tests at LA MEDICAL, prescriptions for narcotic drugs were withheld. Thereafter, bills for the unnecessary services were submitted to Medicaid. TULUMDZHYAN was the owner of LA MEDICAL and also an unlicensed and unqualified diagnostic technician, according to the bill of information.
TULUMDZHYAN faces a possible maximum sentence of five years imprisonment. LA MEDICAL faces a maximum fine of $500,000. Sentencing has been scheduled for September 5, 2013.
The investigation was conducted by Special Agents of the Federal Bureau of Investigation; the U. S. Department of Health and Human Services, Office of Inspector General; and the Louisiana Department of Justice, Medicaid Fraud Control Unit. The case is being prosecuted by Assistant U. S. Attorney Patrice Harris Sullivan.
(Download Factual Basis )
Ronald M. Leach Indicted for Westbank Bank RobberiesRead the Press Release
RONALD M. LEACH, JR., age 42, a resident of New Orleans, Louisiana, was charged today in a two-count indictment by a federal grand jury with two counts of bank robbery, announced United States Attorney Dana J. Boente.
LEACH is accused of robbing the Capital One Bank, located at 4601 Westbank Expressway, on May 14, 2013, of an undisclosed amount of cash. LEACH entered the bank, handed the victim teller a demand note, and produced the bag into which the teller stuffed the cash. Fingerprints taken from the demand note came back to the defendant. Additionally, LEACH is charged with the April 15, 2013 robbery of another Capital One branch, located at 91 Westbank Expressway, from which he stole an undisclosed amount of cash. A fingerprint developed from the note used in the second robbery also came back to LEACH.
If convicted, LEACH faces a maximum statutory penalty of 20 years and/or a fine of $250,000 on each count.
U. S. Attorney Boente reiterated that an indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office and is being prosecuted by Assistant United States Attorney Michael E. McMahon.
(Download Indictment )
New Orleans Postal Employee, Chanel M. Mcginnis, Pleads Guilty to Embezzlement of Mail MatterRead the Press Release
CHANEL M. MCGINNIS, age 28, a resident of New Orleans, Louisiana, pled guilty in federal court today before U.S. District Judge Nannette Jolivette Brown to embezzlement of mail matter by a postal employee, announced U. S. Attorney Dana J. Boente.
According to court documents, on or about February 7, 2011, MCGINNIS, while being an employee of the United States Postal Service, embezzled $450 in United States currency that was contained in a first class letter addressed to W.B., a resident of Metairie, Louisiana.
If convicted, MCGINNIS faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment. Sentencing is set for August 22, 2013.
The case was investigated by the United States Postal Service- Office of Inspector General and is being prosecuted by Assistant U. S. Attorney Loan “Mimi” Nguyen(Download Factual Basis )
Temple Inland Sentenced in Federal Court to Pay $3.3 Million in Fine and RestitutionRead the Press Release
TIN, INC. , d/b/a/ TEMPLE INLAND, a Delaware Corporation located in Austin, Texas, was sentenced today by U. S. District Judge Ivan L. R. Lemelle to two years probation and ordered to pay a total criminal penalty of $3.3 million, for negligently causing the discharge of a pollutant from its Bogalusa Facility into the Pearl River and the taking of fish from the Bogue Chitto National Wildlife Refuge, announced U. S. Attorney Dana J. Boente.
TEMPLE INLAND was ordered to $1.2 million in restitution and fined $1.5 million for the harm caused by the negligent discharge to the Pearl River and its tributaries; the loss of Gulf sturgeon (a protected species); and the loss of other aquatic life. One million dollars in restitution will be paid as follows: $900,000 to the Trust for Public Land, a non-profit non-governmental organization, and $100,000 to The Nature Conservancy of Louisiana, also a non profit non-governmental organization, to be utilized for the acquisition, protection and management of lands and waters within the Pearl River Basin south of the Temple Inland wastewater release site. The properties acquired by both non profits will subsequently be conveyed to the United States Fish and Wildlife Service (USFWS), primarily for the application and administration of Federal perpetual management and protections for endangered species, native wildlife, and their habitats within the Pearl River drainage system. The remaining $200,000 in restitution will be paid for a research study to evaluate the river features of the Pearl River and Bogue Chitto in order to determine the potential benefit for Gulf sturgeon recovery, as well as to forecast potential hydrodynamic and geomorpohlogical changes that will be of interest to the local communities and the state. The research study will provide to USFWS a complete assessment of river morphology, habitat composition, and hydrology. The assessment will include acoustic determination of benthic substrate, bathymetric surveys above and below the structures, hydrodynamic assessments to outline current conditions and to forecast future conditions, and biological monitoring.
From the fine amount of $ 1.5 million, Temple Inland will pay community service payments of $500,000 to the Louisiana Department of Environmental Quality to defray the costs of equipment and emergency vehicles to be used in connection with, or in support of, the detection, monitoring, testing, response and/or investigation of dumping, emissions, discharges, spills, or leaks involving violations of environmental regulations and laws; $50,000 to the Louisiana State Police Emergency Services Unit; and $50,000 to the Southern Environmental Enforcement Network for training. Because the community service payment is designated as community service by an organization, Temple Inland cannot seek any reduction in its tax obligations as a result of these payments. In addition, since the payment constitutes community service, Temple Inland cannot characterize, publicize, or refer to the payment as a voluntary donation or contribution.
In addition to the restitution, fine and community service payments, Temple Inland must implement an Environmental Compliance Plan (ECP) approved by the Louisiana Department of Environmental Quality and remain in compliance with all permit requirements, rules and regulations of the Louisiana Department of Environmental Quality.
This case was investigated by the United States Environmental Protection Agency- Criminal Investigative Division, the United States Fish and Wildlife Service, and the Louisiana Department of Environmental Quality-Criminal Investigative Division, and was prosecuted by Assistant United States Attorneys Dorothy Manning Taylor and Spiro Latsis.
Tangipahoa Man, Frank Donewar, Sentenced for Illegal Wagering OperationRead the Press Release
FRANK DONEWAR, 57, a resident of Hammond, Louisiana, was sentenced today by U.S. District Court Judge Kurt D. Englehardt for transmission of wagering information and money laundering, announced U. S. Attorney Dana J. Boente.
According to court documents, from January 2005 through February 2012, DONEWAR placed illegal bets and wagers on sporting events and converted ten thousand dollars ($10,000) in cash into a Certificate of Deposit with a local financial institution knowing that the transaction was designed in whole or in part to conceal and disguise, the nature, location, source, ownership, and control of illegal gambling proceeds.
Judge Engelhardt sentenced DONEWAR to four years probation including ten months of home incarceration with electronic monitoring. In addition, Judge Engelhardt ordered the defendant to pay a $10,000 fine which is due immediately.
“Frank Donewar was sentenced today for operating an illegal sports wagering business and concealing his proceeds by conducting illegal financial transactions,” stated Gabriel Grchan, Special Agent in Charge, IRS- Criminal Investigation New Orleans Field Office. “IRS Criminal Investigation is committed to unraveling complex money laundering schemes, and will continue to work closely with the U S Attorney’s Office to prosecute those individuals who engage in illegal enterprises.”
This case was investigated by special agents from the Internal Revenue Service-Criminal Investigation Division. The prosecution of this case is being handled by Strike Force Chief and Assistant U. S. Attorney Brian M. Klebba.
Jerayr Rostamian and His Company Sentenced for Structuring Financial Transactions to Avoid Reporting Requirements and Conspiracy to Commit Money LaunderingRead the Press Release
Dana J. Boente, U. S. Attorney; Michael Anderson, Special Agent in Charge, Federal Bureau of Investigation; Mike Fields, Department of Health and Human Services, Office of Inspector General; Fred Duhy, Louisiana Department of Justice’s Medicaid Fraud Control Unit, and Gabriel Grchan, Special Agent in Charge, Internal Revenue Service-Criminal Investigation announced today that JERAYR ROSTAMIAN, age 50, from Northridge, California, was sentenced today to 40 months incarceration and fined $250,000 by U. S. District Judge Lance M. Africk after previously pleading guilty to structuring monetary transactions to avoid reporting requirements. In addition to the term of imprisonment, Judge Africk ordered that ROSTAMIAN be placed on three years of supervised release following his term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release. The corporation ROSTAMIAN owned, MED-TECH TECHNOLOGIES, INC., was sentenced today to five years probation and restitution in the amount of $3,722,480 to be paid to Medicare and Medicaid. MED-TECH TECHNOLOGIES, INC. previously plead guilty to a conspiracy to commit money laundering. Additionally, Judge Africk ordered MED-TECH’s assets forfeited.
According to court documents, MED-TECH participated in a criminal organization for the purpose of fraudulently billing Medicare and Medicaid. Recruiters found patients to bring to a series of medical clinics located in the greater New Orleans area for medical tests that were not performed and not medically necessary. The clinics' patients were moved between the various clinics and repeatedly perform the same unnecessary tests. The patients received prescriptions for drugs, usually narcotics, for their cooperation, and the recruiters were provided cash and prescription drugs for their services.
Once Medicare and Medicaid paid the clinics, MED-TECH TECHNOLOGIES, INC., engaged in a series of financial transactions designed to disguise the fact that the money had been obtained unlawfully and to hide the funds from Medicare and Medicaid. In particular, the clinics regularly and routinely purchased used medical equipment from MED-TECH. The prices the clinics paid for the used medical equipment was significantly more than the value of the medical equipment. Often brand new medical equipment could have been purchased for much less than the medical clinics paid MED-TECH for the used equipment. The clinic owners also paid exorbitant repair fees to MED-TECH, supposedly to repair the outdated equipment. For example, the clinics paid MED-TECH over $165,000 for an outdated machine that was worth less than $5,000. In total, MED-TECH laundered approximately $3.7 million for the clinics between January 2009 and April 2011.
After the fraudulent funds from the Louisiana-based clinics were deposited into bank accounts, ROSTAMIAN withdrew much of the funds in cash, in amounts just below the threshold that would trigger the bank to file a report with the government. ROSTAMIAN’S structured cash withdraws of the money he received from the clinics were designed to avoid federal transaction reporting requirements, in violation of federal law.
“This case should serve as a reminder that the New Orleans-based health care fraud law enforcement team will expand its reach well beyond the Louisiana borders, as necessary, to bring those individuals who defraud Medicare and Louisiana Medicaid to justice,” stated Michael Anderson, Special Agent in Charge, Federal Bureau of Investigation.
“IRS Criminal Investigation is committed to unraveling complex financial transactions and money laundering schemes,” stated IRS Special Agent in Charge Gabriel Grchan of the New Orleans Field Office. “There is a price to be paid for engaging in fraud schemes and Mr. Rostamian will now be held accountable for his actions.”
“Today's guilty pleas are part of an ongoing effort by HAS-OIL and our federal law enforcement partners to bring to justice those who prey on our elderly for financial gain. Our highly trained and motivated HAS-OIL special agents are combining cutting-edge fraud detection and analysis technology with old fashioned police work to protect and preserve the Medicare program,” added Mike Fields, Special Agent in Charge, Department of Health and Human Services, Office of Inspector General.
Louisiana Attorney General Buddy Caldwell said, “This aggressive multi-agency effort has dismantled a significant health care fraud operation and sends a clear message to those who rob taxpayer dollars and exploit vulnerable residents that depend on Medicaid and Medicare for care.”
ROSTAMIAN and MED-TECH are the most recent defendants in the scheme to be sentenced. Eleven individuals and six corporations have already pleaded guilty to various parts of this scheme, which resulted in approximately $21,885,000 in fraudulent Medicare and Medicaid billings.
The investigation was conducted by Special Agents of the Federal Bureau of Investigation; the U. S. Department of Health and Human Services, Office of Inspector General; the Louisiana Department of Justice, Medicaid Fraud Control Unit and the Internal Revenue Service-Criminal Investigation. The case was prosecuted by Assistant U. S. Attorneys Patrice Harris Sullivan, Jordan Ginsberg and G. Dall Kammer.
Arlen B. Cenac, Jr., Charged with Making False Statements to the Federal Elections CommissionRead the Press Release
ARLEN B. CENAC, JR., age 57, a resident of Houma, Louisiana, was charged with Making False Statements to the Federal Elections Commission today in a one-count Bill of Information, announced U. S. Attorney Dana J. Boente.
According to court documents, between February 16, 2008 and May 24, 2008, CENAC, who is the president and owner of Cenac Towing, submitted cashier’s checks that he purchased in the names of individuals other than himself to the campaigns of two United States Senate candidates. The money CENAC used to purchase these cashier’s checks came from personal and corporate accounts. In submitting these contributions to the campaigns CENAC, neither obtained nor sought the knowledge, permission or authority of the individuals he listed as remitters on the cashier’s checks. CENAC’s provision of the cashier’s checks caused a knowing and willful “submission of a materially false, fictitious, and fraudulent statement and representation, that is the submission by unwitting authorized campaign committees of candidates for the United States Senate to the Federal Election Commission of a report that was materially false in reporting the source and amount of contributions to the campaigns.”
If convicted, ARLEN B. CENAC, JR. faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation, the Department of Justice—Public Integrity, and the United States Attorney’s Office.
The case is being prosecuted by Department of Justice Trial Attorney Tracee Plowell and Assistant U. S. Attorney Dan Friel.
(Download Bill of Information )
Texas Man, Isaac Medrano, Receives Five Year Sentence for Interstate ThreatsRead the Press Release
ISAAC MEDRANO, aged 46, a resident of Corpus Christi, Texas, was sentenced today by U. S. District Judge Helen G. Berrigan for his involvement in making interstate threats to a local family in 2011, announced U. S. Attorney Dana J. Boente.
MEDRANO plead guilty on December 19, 2012, to transmitting death threats by telephone. Judge Berrigan sentenced MEDRANO to the statutory maximum, citing in part, MEDRANO’s prior criminal convictions involving similar conduct. In addition to the five year sentence, Berrrigan sentenced MEDRANO to three years of supervised release following imprisonment.
According to court records, after a relationship failed, MEDRANO made phone calls threatening to kill members of a local family.
This case was investigated by Special Agents of the Federal Bureau of Investigation. The case was prosecuted by Assistant U. S. Attorney Tony Gordon Sanders.
Joel Raymond Polaski Pleads Guilty to Possession of Stolen MailRead the Press Release
JOEL RAYMOND POLASKI, age 49, a resident of Thibodaux, Louisiana, pled guilty in federal court today before U.S. District Judge Helen G. Berrigan to possession of stolen mail, announced U. S. Attorney Dana J. Boente.
According to court documents, POLASKI, a highway contract route driver, was employed by Advantage Equipment, LLC, a company contracted by the U.S. Postal Service to transport mail matter. POLASKI possessed several parcels belonging to others that he had stolen from the Gray, Louisiana post office.
POLASKI faces a maximum term of imprisonment of five years, a fine of $250,000 and three years of supervised release following any term of imprisonment. Sentencing is scheduled for August 28, 2013.
The case was investigated by the United States Postal Inspection Service and is being prosecuted by Assistant U. S. Attorney Loan “Mimi” Nguyen.
(Download Factual Basis )
Jason Long Sentenced to 40 Years in Prison for Receiving Child Pornography and Sexually Exploiting A ChildRead the Press Release
JASON LONG, age 36, of St. Charles Parish, was sentenced today by United States District Judge Helen G. Berrigan to forty years in prison for receiving videos and images depicting the sexual victimization of children and, separately, recording sexually explicit images and videos of a child, announced United States Attorney Dana J. Boente. Judge Berrigan also ordered the defendant to pay $267,010 to one of the victims whose images he downloaded and at least $150,000 to another victim. After his term of imprisonment, LONG will be placed on supervised release for the rest of his life.
According to court records, LONG pleaded guilty on April 25, 2012, to receiving images depicting the sexual victimization of children. According to plea documents, the investigation began on October 17, 2011, when law enforcement officers executed a search warrant at LONG’s home. Evidence gathered at the home revealed that he had used his computers to access “Peer-to-Peer” file sharing programs and download approximately 232 pictures and 169 videos of children being victimized. Evidence demonstrated that LONG searched for images depicting minors engaged in specific types of conduct to download. The images LONG searched for and ultimately downloaded were of children as young as six-years-old engaged in a variety of sexually explicit conduct.
Court records also reflect that shortly after LONG pleaded guilty to the above-described conduct, law enforcement officers learned that he had also previously recorded images and videos of himself sexually victimizing a toddler. Specifically, between 2006 and late 2007, LONG recorded himself engaging in sexually explicit conduct with a child. He then sent the videos and photographs via the Internet to “Edd,” an individual located in the United Kingdom. As a result of this conduct, the defendant pleaded guilty to producing sexually exploitative images of a child.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety, please visit www.usdoj.gov/psc and click on the tab “resources.”
This case was investigated by special agents from the ICE - Homeland Security Investigations and the Federal Bureau of Investigation. The prosecution of this case was handled by Assistant United States Attorney Jordan Ginsberg.
Melvin Jeovany Vasquez Pleads Guilty to Illegal ReentryRead the Press Release
MELVIN JEOVANY VASQUEZ, age 30, a citizen of Honduras pled guilty in federal court today before U. S. District Judge Jay C. Zainey to a one-count indictment charging him with illegal re-entry of a removed alien, announced U.S. Attorney Dana J. Boente.
According to court documents, VASQUEZ admitted to being an alien who had previously been removed from the United States, was found in the United States, on April 7, 2013, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
The indictment charging VASQUEZ with illegal reentry also included a notice of sentencing enhancement based on his prior felony conviction. With the enhancement, the charge carries a maximum statutory penalty of ten (10) years imprisonment, a fine of $250,000, and three (3) years of supervised release following any term of imprisonment. Sentencing for the defendant is scheduled for August 20, 2013 at 10:00 A.M.
This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE) as part of Operation Safe Neighborhood. The prosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Factual Basis )
Sandra Renee Keith Indicted for Concealing A Fugitive and Making A False Statement to an Agency of the United StatesRead the Press Release
SANDRA RENEE KEITH, age 34, a resident of Hammond, Louisiana, was charged in a two-count indictment filed today for harboring and concealing a federal fugitive, and making a material false statement to a federal agent, announced U. S. Attorney Dana J. Boente.
According to court records, on May 6, 2013, KEITH did knowingly and willfully lie to agents of the Drug Enforcement Administration, an agency of the United States, in an attempt to conceal Michael D. Brumfield, a federal fugitive, from arrest.
If convicted, KEITH faces a maximum term of imprisonment of five (5) years, a $250,000 fine, three (3) years of supervised release following any term of imprisonment, and a $100 special assessment as to each count.
The case was investigated by the Drug Enforcement Administration. The case is being prosecuted by Assistant U. S. Attorney Julia K. Evans.
U. S. Attorney Boente reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
(Download Indictment )
Connie M. Knight Sentenced to 57 Months in Prison for Id Fraud and Impersonating an Osha Official in Wake of Gulf Oil SpillRead the Press Release
CONNIE M. KNIGHT, 47, previously of Belle Chasse, La., was sentenced to serve 57 months in prison in New Orleans federal court late yesterday for providing fraudulent hazardous waste safety training in the wake of the Deepwater Horizon explosion and spill, announced Ignacia S. Moreno, Assistant Attorney General of the Justice Department’s Environment and Natural Resources Division, and Dana Boente, U.S. Attorney for the Eastern District of Louisiana. In addition, KNIGHT was ordered to pay victim restitution in the amount of $25,300.
“On the heels of the largest environmental disaster in U.S. history, KNIGHT illegally profited from a community already suffering from the impacts of the oil spill by impersonating a federal official and raising false hopes for employment. For that she is being held accountable to the fullest extent of the law,” said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division. “The Department of Justice is committed to environmental justice and will vigorously prosecute those who victimize vulnerable communities.”
“KNIGHT took advantage of an environmental disaster and the resulting vulnerabilities of an immigrant community,” said U.S. Attorney Boente. “Her callous crime focused on her financial gain, ignoring the potential harm to the restoration of the Louisiana coastal region.”
On Jan. 24, 2013, KNIGHT pleaded guilty to three felony criminal charges and one misdemeanor criminal charge for creating false identification documents and impersonating a federal official. Court documents explained how, in the wake of the Deepwater Horizon oil spill, KNIGHT impersonated a high-ranking Occupational Safety and Health Administration (OSHA) hazardous waste safety instructor and inspector in order to collect money from individuals who hoped to work on the cleanup effort that followed the spill. KNIGHT created and used multiple false federal identifications to bolster her credibility as an OSHA employee and to convince attendees, who were primarily from the Southeast Asian fishing community, that she could ensure them lucrative employment cleaning the spill. In reality, KNIGHT did not have any connection to OSHA, to the cleanup effort, nor did she have training in hazardous waste safety.
Daniel R. Petrole, Deputy Inspector General for the U.S. Department of Labor’s Office of Inspector General stated, “Today’s sentencing sends a strong message to those who would intentionally engage in fraudulent activity that compromises the integrity of the Department of Labor’s OSHA program.”
“The defendant not only defrauded people who were desperate for jobs, but also created a risk that poorly trained workers could expose both themselves and the public to hazardous waste that was improperly handled or cleaned up,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance.
KNIGHT claimed her classes satisfied the various safety requirements that all individuals were to complete in order to be employed at a Deepwater Horizon hazardous waste cleanup site. Her fraudulent classes, however, lasted as little as two hours, while the legitimate certifications would take at least six days of classroom training followed by three days of on-site training. At least some attendees later gained access to hazardous waste cleanup sites based on the fraudulent certifications created by KNIGHT.
“OSHA will not tolerate fraudulent training or unscrupulous activity when workers' health and lives may be at stake,” said Assistant Secretary of Labor for Occupational Safety and Health Dr. David Michaels. “Inadequate training jeopardizes the safety and health of workers cleaning up hazardous waste sites.”
At the sentencing, Federal District Court Judge Lance Africk considered statements from victims who recounted how KNIGHT targeted the Southeast Asian fishing communities in southern Louisiana, many of whom did not speak or read English. Court documents explained that because many shrimp grounds were closed from the time of the spill through late 2010, Gulf fishermen had to seek other means of employment. To gain access to these fishermen and their families, KNIGHT convinced young bilingual individuals from Southern Louisiana, who believed her to be an OSHA trainer, that she could be a source of employment for their struggling communities. She then used those individuals to publicize her trainings throughout the Vietnamese, Cambodian and Laotian neighborhoods.
According to court documents, KNIGHT required each attendee to pay between $150 and $300 cash to enter a class, and there were at least 950 victims in the Eastern District of Louisiana. After a short presentation in English, KNIGHT would provide false completion certifications and tell attendees to ready their vessels for BP cleanup work, which she claimed would be coming any day.
This case was investigated by the U.S. Department of Labor Office of Inspector General and the U.S. Environmental Protection Agency Criminal Investigation Division, with assistance from the Occupational Safety and Health Administration, the FBI, investigators from the Florida Fish and Wildlife Conservation Commission and the Plaquemines Parish, La., Sheriff’s office.
The case was prosecuted by Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division and Emily K. Greenfield of the U.S. Attorney’s Office for the Eastern District of Louisiana.
Two New Orleans Men Indicted in Heroin ConspiracyRead the Press Release
TERRENCE TYLER, age 23, and TARELL STEVENSON, age 36, both of New Orleans, Louisiana, were charged today in an eight-count indictment by a Federal Grand Jury with distribution of heroin, conspiracy, and related firearms charges, announced U. S. Attorney Dana Boente.
According to the indictment, TYLER and STEVENSON conspired to distribute one hundred (100) grams or more of heroin, from November 2012 to present. The indictment also charges TYLER with possessing marijuana with the intent to distribute it, and with possessing a firearm in furtherance of a drug trafficking crime.
With respect to the heroin charges, TYLER faces a maximum term of imprisonment of forty (40) years, a fine of $5,000,000, and four (4) years of supervised release following any term of imprisonment. If convicted of the firearm charge, TYLER faces an additional term of imprisonment of five (5) years.
STEVENSON faces a maximum term of imprisonment of life, a fine of $8,000,000, and eight (8) years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case is being investigated by the Drug Enforcement Administration and prosecuted by Special Assistant United States Attorney Michael B. Redmann.
(Download Indictment )
Sanjoy Bhattacharya Sentenced for Defrauding the Louisiana Road Home ProgramRead the Press Release
SANJOY BHATTACHARYA, age 56, a resident of New Orleans, was sentenced today in federal court by U. S. District Judge Carl J. Barbier to serve three years probation and pay a $15,000 fine, after pleading guilty to one count of making false statements to an agency of the United States, announced U. S. Attorney Dana J. Boente.
According to court documents, on or about September 21, 2007, BHATTACHARYA applied for funds from the Louisiana Road Home Program claiming his primary residence at the time of Hurricane Katrina was at 2436-38 Joseph Street, New Orleans, a property he knew was leased to and inhabited by his tenants at the time of the storm. As a result of his false statements in the application, BHATTACHARYA received approximately $84,423 from the United States Department of Housing and Urban Development, which he paid back to the government in February 2013.
The case was investigated by agents with the U. S. Department of Housing and Urban Development, Office of Inspector General. The case was prosecuted by Assistant United States Attorney Julia K. Evans.
Michael Larrieu Indicted for Failure to Register as Sex OffenderRead the Press Release
MICHAEL LARRIEU, age 25, a resident of New Orleans, Louisiana, was charged in an indictment by a Federal Grand Jury for failure to register as a sex offender, announced U. S. Attorney Dana J. Boente.
According to documents filed in federal court, in 2007, LARRIEU pled guilty to possession of child pornography in U. S. District Court, Eastern District of Louisiana. LARRIEU was sentenced to forty (40) months imprisonment to be followed by a life time supervised release term. As a result of LARRIEU’s conviction, he was required to register pursuant to the Sex Offender Registration and Notification Act.
Today’s indictment alleges that between February 27, 2013 and March 25, 2013, LARRIEU failed to comply with his sex offender registration requirements.
If convicted of the failure to register charge, LARRIEU faces a maximum term of imprisonment of ten (10) years, a fine of $250,000 and up to three (3) years of supervised release.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gove/psc. For more information about internet safety, please visit www.usdoj.gov/psc and click on the tab “resources.”
The case was investigated by the United States Marshals and prosecution of this case is being handled by Project Safe Childhood Coordinator, Assistant U. S. Attorney Brian M. Klebba.
(Download Indictment )
Michael J. Hebert Pleads Guilty to Receiving and Possessing an Unregistered FirearmRead the Press Release
MICHAEL J. HEBERT, age 62, a resident of Houma, Louisiana, pled guilty in federal court today before U. S. District Judge Eldon E. Fallon to receiving and possessing an unregistered firearm, announced U. S. Attorney Dana J. Boente.
According to court documents, HEBERT possessed a firearm, to wit: a Stag Arms Model Stag-15, .223 caliber semi-automatic rifle, serial no. 00229 having a barrel of less than 16 inches in length, not registered to him in the National Firearms Registration and Transfer Record.
HEBERT faces a maximum term of imprisonment of ten (10) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment. Sentencing is scheduled for August 22, 2013.
The case was investigated by the United States Secret Service- New Orleans Field Division, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Terrebonne Parish Sheriff’s Office. The case is being prosecuted by Assistant U. S. Attorney Loan “Mimi” Nguyen.
(Download Factual Basis )
Kaleb Deakle Guilty of Defrauding Car DealershipRead the Press Release
KALEB DEAKLE, age 24, a resident of Atlanta, Georgia, pled guilty today in federal court before U. S. District Court Judge Jane Triche Milazzo to wire fraud, announced U. S. Attorney Dana J. Boente.
According to court documents, DEAKLE previously resided in New Orleans and gained access to the bank account of the management company where he had leased a condominium. DEAKLE used his computer to negotiate the online sale of a 2012 Land Rover Sport. After a series of emails with the salesman, DEAKLE arrived at Land Rover of New Orleans on January 12, 2012, with a check purportedly from the management company. The check was counterfeit and written out for the total purchase price of $72,148.50. DEAKLE led the dealership to believe that he was employed by Apple, Inc., that the check was legitimate, and thereby was given possession of the vehicle.
The plea agreement reflected that $418,373.96 is the total attempted harm of the scheme, and will be used to calculate his sentence. DEAKLE is to pay full restitution in the amount of $132,093.83 which is the actual harm caused to all the victims of the scheme.
DEAKLE faces a maximum term of imprisonment of twenty years, as well as a fine of $250,000 and three years of supervised release following any term of imprisonment.
Sentencing is set for August 15, 2013 at 10:00 am.
The case was investigated by the Special Agents of the Federal Bureau of Investigation. The prosecution is being handled by Assistant United States Attorney Jon Maestri.
(Download Factual Basis )
Jose Roberto Pacheco-alvarado Indicted for Illegal ReentryRead the Press Release
JOSE ROBERTO PACHECO-ALVARADO, age 23, a citizen of Honduras, was charged in a one-count indictment by a Federal Grand Jury today with illegal reentry by an alien previously removed, announced U.S. Attorney Dana J. Boente.
ccording to the indictment, on or about April 29, 2013, PACHECO, an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
f convicted, PACHECO, who was convicted of a felony prior to his previous removal, faces a maximum term of imprisonment of ten (10) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE). The prosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Indictment )
Jose Gonzalez-grana, Pleads Guilty to Making A False Statement Claiming United States Citizenship and Illegal Use of A Social Security NumberRead the Press Release
JOSE GONZALEZ-GRANA, age 35, a citizen of Mexico, pled guilty in federal court today before U. S. District Judge Eldon E. Fallon to a two-count indictment charging him with making a false statement claiming United States citizenship and illegal use of a Social Security number, announced U. S. Attorney Dana Boente.
According to court documents, on May 3, 2012, GONZALEZ, an alien, knowingly made a false statement and claim that he was a United States citizen in order to unlawfully engage in employment in the United States. GONZALEZ has admitted to falsely representing that a Social Security number had been assigned to him by the Commissioner of Social Security with intent to deceive for the purpose of completing an Employment Eligibility Verification Form.
GONZALEZ faces a maximum term of imprisonment of ten (10) years, a fine of $500,000 and three (3) years of supervised release following any term of imprisonment.
This case was investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations (ICE) as part of Operation Safe Neighborhood. The prosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Factual Basis )
Former Sports Agent, Benjamin M. Geller, Charged with Wire FraudRead the Press Release
BENJAMIN M. GELLER, age 53, a resident of Austin, Texas, was charged today in a one-count bill of information with wire fraud, announced U. S. Attorney Dana J. Boente.
According to court documents, GELLER was employed as a sports agent for, among others, Frank W. Warren, III, a former NFL player who played with the New Orleans Saints. In or around 1994, according to the Bill of Information, GELLER assisted Warren in obtaining a life insurance policy worth approximately $1,000,000. In the event of Warren’s death, the life insurance proceeds would fund a trust which was established by Warren and GELLER, for the benefit of Warren’s spouse and family. GELLER was named trustee of the trust.
In or around 2002, according to the Bill of Information, Warren died and the funds from the life insurance policy (approximately $1,000,000) were disbursed to a trust in Warren’s name for the benefit of his widowed spouse and family. From in or around 2003 through in or around 2007, according to court documents, GELLER acted as the trustee of the trust and was only permitted to expend funds as the trust provided; he was not permitted to expend trust funds for his own personal use. Despite that prohibition, according to court documents, from in or around 2003 through in or around 2007, GELLER unlawfully defrauded the trust and its beneficiary by spending over $500,000 in trust funds for his own personal use, including for travel, lodging, and entertainment purposes. GELLER also spent some of the $500,000 in trust funds for his own personal businesses, as well as for other miscellaneous purchases.
(Download Bill of Information )
Former Orleans Parish Bond Clerk, Lear Enclarde, Charged with ConspiracyRead the Press Release
LEAR ENCLARDE, age 68, a resident of New Orleans, was charged with Conspiracy to Commit Honest Services Mail Fraud today in a one-count Bill of Information, announced U. S. Attorney Dana J. Boente.
According to court documents, ENCLARDE, who worked in the Orleans Parish Criminal Clerk’s Office from 1973 through 2010, accepted cash and things of value from an un-licensed bail bondsman in exchange for her permitting the unlicensed bondsman to use the name of another, licensed bondsman and to forge that licensed bondsman’s signature on official court documents.
If convicted, LEAR ENCLARDE faces a maximum term of imprisonment of five (5) years, a fine of $250,000 and three (3) years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Federal Bureau of Investigation, the New Orleans Police Department, the Orleans Parish District Attorney’s Office, and the United States Attorney’s Office.
The case is being prosecuted by Assistant U. S. Attorney Dan Friel.
(Download Bill of Information )
Pedro Fernandez-garcia Sentenced for Illegal ReentryRead the Press Release
PEDRO FERNANDEZ-GARCIA, age 40, a citizen of Mexico, was sentenced today in federal court by U. S. District Judge Sarah S. Vance, announced U. S. Attorney Dana Boente. FERNANDEZ was sentenced to six months imprisonment. In addition to the term of imprisonment, Judge Vance ordered that FERNANDEZ be placed on three years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of supervised release.
According to court documents, on February 5, 2013, FERNANDEZ pled guilty to a one-count indictment admitting he was an alien who was previously removed and was knowingly and unlawfully found in the United States, in Jefferson Parish, Louisiana on December 5, 2012, without the Attorney General or Secretary of the Department of Homeland Security, having expressly consented to his re-application for admission into the United States. FERNANDEZ’s sentence was subject to enhancement based on a previous felony conviction.
This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations. The case was prosecuted by Special Assistant United States Attorney Robert Weir.
New Orleans Man, Lam Nguyen, Sentenced for Theft of Government FundsRead the Press Release
LAM NGUYEN, age 40, a resident of New Orleans, was sentenced today in federal court by U. S. District Judge Stanwood R. Duval, Jr., to four years probation for theft of government funds, announced U. S. Attorney Dana J. Boente. NGUYEN was also ordered to pay restitution in the amount of $47,808 to the Social Security Administration.
According to court documents, NGUYEN’s mother was receiving social security benefits before her death. When she died, these benefits should have terminated. However, NGUYEN continued to receive the benefit checks, which were sent to his residence. NGUYEN deposited the checks into his bank account. NGUYEN converted these funds to his personal use knowing that he was not entitled to receive those benefits.
The case was investigated by the United States Social Security Administration- Office of Inspector General, and prosecuted by Assistant United States Attorney Loan “Mimi” Nguyen.
John Philip Morrill, Jr. Pleads Guilty to Assault Upon A Federal Officer, Access Device Fraud and Bank FraudRead the Press Release
JOHN PHILIP MORRILL, JR., age 32, a resident of New Orleans, Louisiana, pled guilty in federal court today before U.S. District Judge Ivan L.R. Lemelle to one count of assault upon a federal officer, two counts of access device fraud and one count of bank fraud, announced U.S. Attorney Dana J. Boente.
According to court documents, on or about September 21, 2012, MORRILL assaulted a special agent of the United States Secret Service who, in the performance of his official duty, was trying to apprehend MORRILL. MORRILL also fraudulently obtained goods/services valued at approximately $29,853.16 by using unauthorized credit cards, and by using a PayPal account in association with a fictitious business he claimed to own. MORRILL also defrauded the ASI Federal Credit Union of approximately $2,300, in the form of a personal loan, by using fictitious pay stubs.
MORRILL faces a maximum term of imprisonment of 8 years for the assault upon a federal officer count, and a fine of $250,000. MORRILL also faces a maximum term of 10 years imprisonment, and a fine of $250,000 as to each count of access device fraud. Additionally, MORRILL faces a maximum term of imprisonment of 30 years for the bank fraud count, and a fine of $250,000, a 3 year term of supervised release following any term of imprisonment, and a special assessment fee of $100 as to each count. Sentencing is set for August 7, 2013.
The case was investigated by the United States Secret Service, Louisiana State Police and prosecuted by Assistant U. S. Attorney Julia K. Evans.
(Download Factual Basis )
Methamphetamine Dealer, Kerry Wayne Walker, Pleads Guilty in Federal CourtRead the Press Release
KERRY WAYNE WALKER, age 50, a resident of New Orleans, Louisiana, pleaded guilty in federal court today to being part of a conspiracy to traffic in methamphetamine and heroin, announced U. S. Attorney Dana J. Boente.
WALKER pleaded guilty before U. S. District Judge Jay C. Zainey to one count of violating the Federal Controlled Substances Act in which he and others conspired to distribute 500 grams or more of methamphetamine and 100 grams or more of heroin. The count carries a minimum of 10 years imprisonment up to a maximum of life imprisonment and a minimum of five years of supervised release.
According to court documents, the Drug Enforcement Administration along with state and local law enforcement had investigated the trafficking of methamphetamine in and around the French Quarter area. Agents learned that WALKER was a distributor in the area. Ultimately, agents arrested WALKER in the fall of 2013. WALKER’s co-defendants are currently set for jury trial on June 24, 2013.
This case was investigated by Special Agents of the Drug Enforcement Administration and the New Orleans Police Department. It was prosecuted by Assistant United States Attorney Kevin G. Boitmann.
(Download Factual Basis )
Jose Marco Aguilar Indicted for Illegal ReentryRead the Press Release
JOSE MARCO AGUILAR, age 42, a citizen of Mexico, was charged in a one-count indictment by a Federal Grand Jury today with illegal reentry by an alien previously removed, announced U. S. Attorney Dana J. Boente.
According to the indictment, on or about April 30, 2013, AGUILAR, an alien who had previously been removed from the United States, was found in the United States, within the Eastern District of Louisiana, without having obtained consent from the Secretary of the Department of Homeland Security to reapply for admission to the United States.
If convicted, AGUILAR, who was convicted of an aggravated felony prior to his previous removal, faces a maximum term of imprisonment of twenty years, a fine of $250,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by United States Immigration and Customs Enforcement, Enforcement and Removal Operations (ICE) and the Jefferson Parish Sheriff’s Office. The pprosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Indictment )
Illegal Alien, Moises Chicaj-imul, IndictedRead the Press Release
MOISES CHICAJ-IMUL, age 26, a citizen of Guatemala, was charged in a two-count indictment by a Federal Grand Jury today with fraud and misuse of a Permanent Resident Card and illegal use of a Social Security Number, announced U.S. Attorney Dana J. Boente.
According to the indictment, on August 12, 2008, CHICAJ, knowingly possessed, used, and attempted to use a Permanent Resident Card, prescribed by law as evidence of authorized stay and employment in the United States, which CHICAJ knew was counterfeited. CHICAJ was also charged with falsely representing that a Social Security number had been assigned to him by the Commissioner of Social Security with intent to deceive for the purpose of completing an Employment Eligibility Verification Form.
If convicted of both counts, GONZALEZ faces a maximum term of imprisonment of fifteen years, a fine of $500,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Boente reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was investigated by United States Immigration and Customs Enforcement, Homeland Security Investigations (ICE). The pprosecution is being handled by Special Assistant United States Attorney Robert Weir.
(Download Indictment )
Child Pornography Charges Filed Against Michael Lee HaynesRead the Press Release
MICHAEL LEE HAYNES, 30, of Anniston, Alabama, was indicted by a federal grand jury today for crimes involving the sexual exploitation of children, announced U. S. Attorney Dana J. Boente.
HAYNES was charged in an Indictment for Distribution of Child Pornography. According to today’s indictment, on October 26, 2012, HAYNES distributed images of child pornography through the use of a computer.
If convicted, HAYNES faces a mandatory minimum penalty of five years and a maximum penalty of twenty years, followed by up to a lifetime term of supervised release, and a $250,000 fine.
U. S. Attorney Boente reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
This case was investigated by special agents from the U. S. Department of Homeland Security, HSI. The prosecution of this case is being handled by Project Safe Childhood Coordinator, Assistant U. S. Attorney Brian M. Klebba.
(Download Indictment )
Tokumba Miller Sentenced for Drug TraffickingRead the Press Release
TOKUMBA MILLER, age 35, a resident of Metairie, Louisiana, was sentenced by U. S. District Judge Helen G. Berrigan today to 120 months imprisonment for being part of a conspiracy to traffic in heroin, possession with intent to distribute heroin, and of possessing a firearm as a convicted felon, announced U. S Attorney Dana J. Boente. In addition to the term of imprisonment, Judge Berrigan imposed eight years of supervised release following the term of imprisonment. During the eight-year term the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release.
On January 30, 2013, MILLER previously entered a guilty plea before Judge Berrigan admitting to making several sales of heroin to confidential sources assisting law enforcement, as well as making several deliveries of heroin to various individuals. Law enforcement later arrested MILLER in New Orleans after he appeared to conduct another heroin sale. They then searched his apartment in Metairie and found a small amount of heroin, cutting agents, drug paraphernalia, a machine press, ammunition, and a loaded .32 caliber handgun. Based on MILLER’s multiple prior felony convictions, which included convictions for drug offenses in state court, he was prohibited by Federal Law from possessing a firearm.
This case was investigated by Special Agents of the Federal Bureau of Investigation, New Orleans Police Department, and Jefferson Parish Sheriff’s Office. The case was prosecuted by Assistant United States Attorney Kevin G. Boitmann.
Michael D. Brumfield Indicted for Possession with Intent to Distribute CocaineRead the Press Release
MICHAEL D. BRUMFIELD, age 45, a resident of Hammond, Louisiana, was charged in a one-count indictment filed May 3, 2013 for possession with intent to distribute cocaine, a Schedule II narcotic drug controlled substance, announced U. S. Attorney Dana J. Boente. The defendant was arrested this morning.
According to court records, on or about April 10, 2013, BRUMFIELD did knowingly and intentionally possess with the intent to distribute a quantity of cocaine hydrochloride.
If convicted, BRUMFIELD faces a maximum term of imprisonment of twenty years, a $1,000,000 fine, three years of supervised release following any term of imprisonment, and a $100 special assessment.
U. S. Attorney Boente reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the Hammond Police Department and the Drug Enforcement Administration Task Force. The case is being prosecuted by Assistant U. S. Attorney Julia K. Evans.
(Download Indictment )
Union Leader, Malvin Bergeron, Charged with Stealing Union FundsRead the Press Release
MALVIN BERGERON, age 63, a resident of Jefferson Parish, was charged today in a one-count Bill of Information for embezzling assets of a local labor union in violation of Title 29, United States Code, Section 501(c), announced United States Attorney Dana J. Boente.
According to court records, BERGERON held the positions of President and Secretary Treasurer of the Graphic Communications Union Local 537M. Local 537M maintained a checking account with a local bank to hold the membership dues that were collected from the union members. As the union’s President, BERGERON was able to access the funds in the union account through checks. According to the Bill of Information, from on or about May 9, 2008 and continuing through on or about February 9, 2009, BERGERON embezzled $4,041.88 from the union account by writing, endorsing, and cashing checks made payable to him personally that were not authorized by the union’s bylaws.
If convicted, BERGERON face a maximum term of imprisonment of five years, a fine of $10,000 and three years of supervised release following any term of imprisonment.
U. S. Attorney Dana J. Boente reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
The case was investigated by the U.S. Department of Labor. The case is being prosecuted by Assistant U. S. Attorney Spiro G. Latsis.
(Download Bill of Information )
Tax Preparer, Laura A. Diggs, Sentenced for Making False Statements on Tax Returns and Assisting in the Preparation of False Tax DocumentsRead the Press Release
LAURA A. DIGGS, age 41, a resident of Paulina, Louisiana, was sentenced today by U.S. District Judge Carl J. Barbier to five years probation with the first six months to be served in home confinement for one count of false statements on tax returns and one count of assisting in the preparation of false tax documents, announced U.S. Attorney Dana J. Boente. Judge Barbier also imposed a $6,000 fine and a $200 special assessment. DIGGS has made full restitution to the Internal Revenue Service of $343,526.00.
According to court documents, from approximately 2003 through the present, DIGGS, was engaged in the business of preparing and filing income tax returns at her business, Diggs Tax Service, which was located in Luling, Louisiana. From 2007 through 2009, according to the factual basis, DIGGS prepared and filed false income tax returns for her customers, which contained false Schedule A deductions, resulted in inflated refunds for her customers to which they were not entitled.
Additionally, according to the factual basis, in the years 2007, 2008, and 2009, DIGGS signed her own taxes that falsely under-reported the business income she had received. In total, DIGGS failed to report approximately $766,761 in gross income, to which there is a total tax liability of $210,233.
The case was being investigated by agents from the Internal Revenue Service Criminal Investigation Division.
The case is being prosecuted by Assistant U. S. Attorney Matt Chester.