Eastern District of Louisiana
Press releases recorded for this federal judicial district.
Federal Jury Returns Guilty Verdicts in 39’ers Racketeering TrialRead the Press Release
U.S. Attorney Kenneth A. Polite announced the conviction of defendants JASMINE PERRY, age 26; LEROY PRICE, age 31; ASHTON PRICE, age 25; ALONZO PETERS, age 27; MCCOY WALKER, age 26; TERRIOUES OWNEY, age 30; EVANS LEWIS, age 25; CURTIS NEVILLE, age 24; SOLOMON DOYLE, age 31; and, DAMIAN BARNES, age 28, all of New Orleans, following a six-week trial.
COUNT
CHARGE
DEFENDANTS
PENALTIES
1
Conspiracy to violate the Racketeer Influence and Corrupt Organization Act (RICO)
All defendants guilty of RICO
PERRY – Guilty in murders of
Kendall Faibvre, and Gregory Keys;
Not guilty in murders of Anthony Charles Brown, Jr., Terrance Dennis, and Littlejohn Haynes,
LEROY PRICE – Guilty in murders of Lester Green, Donald Daniels, Elton Fields, and Michael Marshall
ASHTON PRICE – Guilty in murders of Kendall Faibvre, and Michael Marshall
Not guilty in murders of Rayshon Jones, Anthony Charles Brown, Jr., and Terrance Dennis
PETERS – Not guilty in murder of Kendall Faibvre
WALKER – Guilty in murders of Lester Green, Jerome Hampton, and Renetta Lowe
OWNEY – Guilty in murders of Lester Green, Donald Daniels, Elton Fields, Jerome Hampton, and Renetta Lowe
LEWIS –Guilty in murder of Littlejohn Haynes;
Not guilty in murders of Lester Green and Anthony Brown, Jr.
NEVILLE – Guilty in murder of Littlejohn Haynes;
Not guilty in murder of Hansel Picard
DOYLE – Not guilty in murder of Littlejohn Haynes
BARNES – Not guilty in murder of Floyd Moore
Maximum sentence of life imprisonment;
3 years of supervised release; maximum $250,000 fine; $100 special assessment
(if special finding that defendant committed a murder)
Otherwise,
Maximum sentence of 20 years imprisonment, 3 years supervised release; maximum $250,000 fine; $100 special assessment
2
Conspiracy to distribute controlled substances
Below defendants are all guilty of 1 kilogram or more of heroin and 280 grams or more of cocaine base
LEROY PRICE, ASHTON PRICE, PETERS, WALKER, NEVILLE and
BARNES
10 years to life imprisonment;
minimum of 5 years supervised release;
maximum $10,000 fine; $100 special assessment
3
Conspiracy to use and carry and to possess firearms
Guilty: PERRY, LEROY PRICE, ASHTON PRICE, PETERS, WALKER, OWNEY, NEVILLE, and BARNES
Not guilty: DOYLE
Maximum of 20 years imprisonment;
maximum of 5 years supervised release;
maximum fine of $250,000; $100 special assessment
4
Murder in aid of racketeering
(Kendall Faibvre)
Guilty: PERRY and ASHTON PRICE
Not Guilty: PETERS
Mandatory life imprisonment
5
Causing death through the use of a firearm
(Kendall Faibvre)
Guilty: PERRY and ASHTON PRICE
Not guilty: PETERS
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
6
Assault with a dangerous weapon in aid of racketeering
(Jasmine Jones)
Guilty: PERRY and ASHTON PRICE
Not guilty: PETERS
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
7
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Jasmine Jones)
Guilty: PERRY and ASHTON PRICE
Not guilty: PETERS
Not less than 10 years consecutive;
maximum 5 years supervised release; maximum $250,000 fine; $100 special assessment
8
Assault with a dangerous weapon in aid of racketeering
(Elton Williams)
Not guilty: WALKER
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
9
Assault with a dangerous weapon in aid of racketeering
(Quiniece Noble)
Not guilty: WALKER
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
10
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Elton Williams)
Not guilty: WALKER
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
11
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Quiniece Noble)
Not guilty: WALKER
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
12
Murder in aid of racketeering
(Rayshon Jones)
Not guilty: ASHTON PRICE
Mandatory life
13
Causing death through the use of a firearm
(Rayshon Jones)
Not guilty: ASHTON PRICE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
14
Murder in aid of racketeering
(Lester Green)
Guilty: LEROY PRICE, WALKER, and OWNEY
Not guilty: LEWIS
Mandatory life
15
Causing death through the use of a firearm
(Lester Green)
Guilty: OWNEY
Not Guilty: LEROY PRICE, WALKER, and LEWIS
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
16
Assault with a dangerous weapon in aid of racketeering
(Jamal Smith)
Guilty: LEROY PRICE, WALKER, and OWNEY
Not guilty: LEWIS
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
17
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Jamal Smith)
Guilty: OWNEY
Not guilty: LEROY PRICE, WALKER, and LEWIS
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
18
Murder in aid of racketeering
(Donald Daniels)
Guilty: LEROY PRICE and OWNEY
Mandatory life
19
Causing death through the use of a firearm
(Donald Daniels)
Guilty: OWNEY
Not guilty: LEROY PRICE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
20
Murder in aid of racketeering
(Anthony Charles Brown, Jr.)
Not guilty: PERRY, ASHTON PRICE, and LEWIS
Mandatory life
21
Causing death through the use of a firearm
(Anthony Charles Brown, Jr.)
Not guilty: PERRY, ASHTON PRICE, and LEWIS
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
22
Murder in aid of racketeering
(Elton Fields)
Guilty: LEROY PRICE and OWNEY
Mandatory life
23
Causing death through the use of a firearm
(Elton Fields)
Guilty: OWNEY
Not guilty: LEROY PRICE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
24
Murder in aid of racketeering
(Jerome Hampton)
Guilty: WALKER and OWNEY
Mandatory life
25
Causing death through the use of a firearm
(Jerome Hampton and Renetta Lowe)
Guilty: WALKER and OWNEY
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
26
Murder in aid of racketeering
(Renetta Lowe)
Guilty: WALKER and OWNEY
Mandatory life
27
Murder in aid of racketeering
(Terrance Dennis)
Not guilty: PERRY and ASHTON PRICE
Mandatory life
28
Causing death through the use of a firearm
(Terrance Dennis)
Not guilty: PERRY and ASHTON PRICE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
29
Murder in aid of racketeering
(Littlejohn Haynes)
Guilty: LEWIS and NEVILLE
Not Guilty: PERRY and DOYLE
Mandatory life
30
Causing death through the use of a firearm
(Littlejohn Haynes)
Guilty: LEWIS and NEVILLE
Not guilty: PERRY and DOYLE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
31
Murder in aid of racketeering
(Floyd Moore)
Not guilty: BARNES
Mandatory life
32
Causing death through the use of a firearm
(Floyd Moore)
Not guilty: BARNES
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
33
Assault with a dangerous weapon in aid of racketeering
(Albert Hardy)
Guilty: PERRY and NEVILLE
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
34
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Albert Hardy)
Guilty: PERRY and NEVILLE
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
35
Assault with a dangerous weapon in aid of racketeering
(Kelvin Baham)
Guilty: PERRY and NEVILLE
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
36
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Kelvin Baham)
Guilty: PERRY and NEVILLE
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
37
Assault with a dangerous weapon in aid of racketeering
(Carrie Henry)
Guilty: PERRY and NEVILLE
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
38
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Carrie Henry)
Guilty: PERRY and NEVILLE
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
39
Murder in aid of racketeering
(Gregory Keys)
Guilty: PERRY
Mandatory life
40
Causing death through the use of a firearm
(Gregory Keys)
Guilty: PERRY
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
41
Assault with a dangerous weapon in aid of racketeering
(Kendrick Smothers)
Guilty: PERRY
Maximum 20 years imprisonment; 3 years of supervised release; maximum $250,000 fine; $100 special assessment
42
Use and carrying of a firearm during and in relation to a crime of violence and a drug trafficking crime
(Kendrick Smothers)
Guilty: PERRY
Maximum of life imprisonment; 5 years supervised release; $250,000 fine; $100 special assessment
43
Possess with intent to distribute heroin
Guilty: NEVILLE
Maximum 20 years imprisonment;
Minimum 3 years supervised release;
$1,000,000 fine
44
Possession of a firearm in furtherance of a drug trafficking crime
Guilty: NEVILLE
5 years to life imprisonment; 3 years supervised release; $250,000 fine; $100 special assessment
45
Murder in aid of racketeering
(Michael Marshall
Guilty: LEROY PRICE and ASHTON PRICE
Mandatory life
46
Causing death through the use of a firearm
(Michael Marshall)
Guilty: ASHTON PRICE
Not guilty: LEROY PRICE
Maximum sentence of life imprisonment;
maximum 5 years supervised release;
maximum $250,000 fine; $100 special assessment
47
Murder of a federal informant
(Michael Marshall)
Guilty: LEROY PRICE and ASHTON PRICE
Maximum of life imprisonment;
Maximum of 5 years supervised release; $250,000 fine; $100 special assessment
U.S. Attorney Polite stated, "Today's guilty verdicts represent important victories for the victims and communities that these defendants once terrorized.”
Special Agent in Charge of the FBI Jeff Sallet stated, "Today's verdict regarding the violent and ruthless 39ers gang members clearly demonstrates that our city and its citizens will not tolerate this type of activity anymore. Through dedicated partnerships with federal, state, and local law enforcement, as well as the U.S. Attorney's Office, the 39ers gang was brought to justice and will ultimately be held accountable for their many transgressions."
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation New Orleans Gang Task Force, Bureau of Alcohol, Tobacco, Firearm and Explosives, New Orleans Police Department, and the Jefferson Parish Sheriff’s Office. Assistant Attorneys Myles Ranier, David Haller, Brittany Reed, and Jeff Sandman were in charge of the prosecution.
Louisiana Return Preparer Pleads Guilty to Filing Fraudulent Tax ReturnsRead the Press Release
WASHINGTON – A Tangipahoa Parish, Louisiana return preparer pleaded guilty today to her role in a scheme to file federal tax returns using stolen IDS, announced Acting Deputy Assistant Attorney Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite for the Eastern District of Louisiana.
According to the documents filed with the court, from 2008 through 2016, Alicia Washington aka Alicia Keith, 41, and others obtained electronic filing identification numbers (EFINs) in the names of several tax return preparation businesses and used them to file fraudulent tax returns with the Internal Revenue Service (IRS). To prepare these returns, Washington used stolen IDs belonging to individuals who had been arrested or jailed. Washington and others in the scheme directed the IRS to issue refunds in the form of checks and prepaid debit cards, which were then negotiated by co-conspirators working as check cashers.
Sentencing is scheduled for May 31 before U.S. District Court Judge Susie Morgan. Washington faces a statutory maximum sentence of five years in prison for the conspiracy count and a mandatory minimum of two years in prison for the aggravated identity theft count. Washington also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Polite commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Hayden Brockett and Trial Attorney Lauren Castaldi of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Louisiana Return Preparer Pleads Guilty to Filing Fraudulent Tax ReturnsRead the Press Release
A Tangipahoa Parish, Louisiana return preparer pleaded guilty today to her role in a scheme to file federal tax returns using stolen IDS, announced Acting Deputy Assistant Attorney Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Kenneth A. Polite for the Eastern District of Louisiana.
According to the documents filed with the court, from 2008 through 2016, Alicia Washington aka Alicia Keith, 41, and others obtained electronic filing identification numbers (EFINs) in the names of several tax return preparation businesses and used them to file fraudulent tax returns with the Internal Revenue Service (IRS). To prepare these returns, Washington used stolen IDs belonging to individuals who had been arrested or jailed. Washington and others in the scheme directed the IRS to issue refunds in the form of checks and prepaid debit cards, which were then negotiated by co-conspirators working as check cashers.
Sentencing is scheduled for May 31 before U.S. District Court Judge Susie Morgan. Washington faces a statutory maximum sentence of five years in prison for the conspiracy count and a mandatory minimum of two years in prison for the aggravated identity theft count. Washington also faces a period of supervised release, restitution and monetary penalties.
Acting Deputy Assistant Attorney General Goldberg and U.S. Attorney Polite commended special agents of IRS–Criminal Investigation, who conducted the investigation, and Assistant U.S. Attorney Hayden Brockett and Trial Attorney Lauren Castaldi of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Thibodaux Resident Pleads Guilty to Theft of Social Security Disability BenefitsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CLINT A. SCHWAB, age 42, of Thibodaux, pled guilty yesterday to theft of Social Security benefits.
According to court documents, SCHWAB began receiving Social Security disability benefits in 1998. In or around 2008, SCHWAB returned to work, but did not inform the Social Security Administration (SSA) as required by law. In January 2016, SCHWAB was interviewed by the SSA and falsely informed the agency that he had never worked as a disabled claimant. However, SCHWAB failed to inform the SSA that he was working while also receiving monthly disability payments. SCHWAB collected Social Security disability payments to which he was not entitled from 2008 until early 2016.
The maximum penalty for theft of government funds is ten years imprisonment and/or a fine of $250,000 or the greater of twice the gross gain to the defendant or twice the gross loss to the victim. U.S. District Judge Eldon E. Fallon set sentencing for May 25, 2017.
U.S. Attorney Polite praised the work of the Social Security Administration, Office of Inspector General in investigating this matter. Assistant United States Attorney, Richard R. Pickens, II is in charge of the prosecution.
New Orleans Man Charged with Possession of Stolen FirearmRead the Press Release
U.S. Attorney Kenneth A. Polite announced that TREVOIR JACKSON, age 36, of New Orleans, was charged on February 9, 2017, in a two-count Indictment with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and possession of a stolen firearm, in violation of 18 U.S.C. § 922(j).
According to the indictment, JACKSON possessed a .45 caliber semi-automatic handgun that had previously been reported stolen. If convicted, JACKSON faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jefferson Parish Sheriff’s Office in investigating this matter. Special Assistant U.S. Attorney J. Ryan McLaren and Assistant U.S. Attorney Nolan D. Paige are in charge of the prosecution.
Retired Orleans Parish Sheriff’s Office Chief Deputy Sentenced for Conspiracy to Commit Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that GERALD URSIN, JR., age 63, of New Orleans and a retired Chief Deputy of the Orleans Parish Sheriff’s Office (“OPSO”), was sentenced today after previously pleading guilty to a one-count Bill of Information with conspiracy to commit wire fraud.
U.S. District Judge Eldon E. Fallon sentenced URSIN to three years probation, a $10,000 fine, $25,178 in restitution, and a $100 special assessment.
According to court documents, beginning in 2009 and continuing until January 2014, URSIN and others participated in a conspiracy to commit wire fraud. URSIN admitted that in his role as a Chief Deputy in the Orleans Parish Sheriff’s Office, he engaged in a scheme to defraud local entities and events, including Mardi Gras Krewes, music and food festivals, and sporting events, by padding the billing documents with names of individuals who did not in fact provide any security services (“Ghost Employees”).
Additionally, URSIN admitted that after the fraudulently inflated invoices were submitted via interstate wires, a portion of the overbilled amount was given to him in the form of checks made payable to family members under the fraudulent guise of payments for detail work that in fact did not take place.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation, with assistance from the Louisiana Legislative Auditor’s Office in investigating this matter and acknowledged the assistance provided by the Louisiana Legislative Auditors. Assistant Attorney Sean Toomey was in charge of the prosecution.
Mexican National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN SALAMANCA-CHAVEZ, age 32, a native of Mexico, pled guilty today to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, SALAMANCA-CHAVEZ, was previously removed from the United States on February 9, 2016. He was later found in the Eastern District of Louisiana on October 28, 2016 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
SALAMANCA-CHAVEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. United States District Court Judge Ivan L.R. Lemelle set sentencing for April 5, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Mexican National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN SALAMANCA-CHAVEZ, age 32, a native of Mexico, pled guilty today to a one-count Indictment charging him with illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, SALAMANCA-CHAVEZ, was previously removed from the United States on February 9, 2016. He was later found in the Eastern District of Louisiana on October 28, 2016 and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
SALAMANCA-CHAVEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. United States District Court Judge Ivan L.R. Lemelle set sentencing for April 5, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Metairie Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RANDOLPH B. MARTIN, age 39, of Metairie, was charged today in a one-count Bill of Information with violation of the Federal Gun Control Act.
According to the Bill of Information, on April 28, 1995, MARTIN was adjudicated guilty of burglary by the Superior Court of Gwinnett County, Georgia. Based on this adjudication, MARTIN was prohibited by federal law from possessing a firearm.
MARTIN faces a maximum term of imprisonment of ten years, a fine of $250,000 and three years of supervised release following any term of imprisonment.
U.S. Attorney Polite reiterated that the bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Secret Service, and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Loan "Mimi" Nguyen is in charge of the prosecution.
Honduran National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that OLVIN CASTILLO-CRUZ, age 34, was sentenced today after previously pleading guilty today to a one-count Indictment charging him with illegal reentry of a removed alien.
U.S. District Judge Martin Feldman sentenced CASTILLO-CRUZ to time served and ordered him to pay a $2,000 fine. CASTILLO-CRUZ will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to court documents, CASTILLO-CRUZ reentered the United States after he was previously deported on January 19, 2011.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Honduran National Pleads Guilty to Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ANGEL GUZMAN-RODRIGUEZ age 28, a citizen of Honduras, pled guilty today to a one-count Indictment charging him with illegal reentry of a removed alien.
According to the Indictment, GUZMAN-RODRIGUEZ reentered the United States after having been previously deported on March 9, 2012.
If convicted, GUZMAN-RODRIGUEZ faces a maximum term of imprisonment of twenty years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment. U.S. District Judge Sarah S. Vance set sentencing for May 3, 2017.
U.S. Attorney Polite praised the work of the United States Department of Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Guatemalan National Charged with Illegal ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RUDY OTONIEL AZANON-RODAS, age 51, a citizen of Guatemala, was charged today in a one-count Bill of Information for reentry of a removed alien, in violation of8 U.S.C. § 1326.
According to the Bill of Information, on or about December 29, 2016, AZANON RODAS was found in the United States after having been officially deported and removed on or about May 2, 1986.
If convicted, AZANON-RODAS faces a maximum term of imprisonment of two years, a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment.
U.S. Attorney Polite reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration and Customs Enforcement and the Office of Enforcement and Removal Operations Investigations in investigating this matter. Assistant United States Attorney Irene Gonzalez is in charge of the prosecution.
Nicaraguan National Charged for Illegal Re-Entry of a Removed Alien Previously Convicted of a FelonyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that NORWIN CASTELLON-LOPEZ, age 39, a citizen of Nicaraguan, was charged today in a one-count Bill of Information with illegally re-entering the United States having previously been deported as an illegal alien and having previously been convicted of a felony.
U.S. Attorney Polite reiterated that the Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
CASTELLON-LOPEZ faces a maximum term of imprisonment of ten years, a fine of $250,000 and up to three years of supervised release following any term of imprisonment.
U.S. Attorney Polite praised the work of the U.S. Immigration and Customs Enforcement in investigating this matter. Assistant U.S. Attorney Michael M. Simpson is in charge of the prosecution.
New Orleans Man Pleads Guilty to Conspiracy to Commit Access Device FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that RYAN CLAVERIE, age 37, of New Orleans, pled guilty today to conspiracy to commit access device fraud.
According to court documents, CLAVERIE worked as a waiter in a restaurant in Metairie. During the course of his employment, CLAVERIE routinely handled the credit and debit cards of restaurant patrons. CLAVERIE had a credit card “skimmer” that extracted customer account information from the magnetic strip on the back of a credit card and a bank debit card and logged it for later download to a computer.
CLAVERIE and his co-conspirators used the captured electronic account information contained on the magnetic strips of these valid cards in order to manufacture and produce counterfeit credit cards with which to fraudulently obtain things of value for their own personal gain at several retail stores and establishments in the metropolitan New Orleans area.
CLAVERIE 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. District Judge Jane Triche Milazzo set sentencing for May 4, 2017.
U.S Attorney Polite praised the work of the U.S. Secret Service, New Orleans Field Office, the Jefferson Parish Sheriff’s Office, the New Orleans Police Department, the St. Tammany Parish Sheriff’s Office, and the Kenner Police Department. Assistant U.S. Attorney Loan "Mimi" Nguyen is in charge of the prosecution.
New Orleanian Pleads Guilty to Bank RobberyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ERIC MALLORY, age 34, of New Orleans, pled guilty today to a two-count Indictment charging him with bank robbery.
According to court documents, on July 27, 2016, MALLORY entered the Capital One Bank located at 1867 Barataria Boulevard in Marrero, and approached a teller with a note demanding money. The teller gave MALLORY $2,798. On September 22, 2016, MALLORY entered the Gulf Coast Bank & Trust, located at 737 Terry Parkway, Gretna, and approached a teller with a demand note. He then approached a second teller and demanded money. In total, MALLORY obtained $7,882 from Gulf Coast Bank & Trust.
MALLORY faces a maximum term of imprisonment of 20 years, a fine of $250,000, three years supervised release after imprisonment, and a $100 special assessment as to each count. U.S. District Judge Ivan L. R. Lemelle set sentencing for May 3, 2017.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the Jefferson Parish Sheriff’s Office in investigating this matter. Assistant United States Attorney Maria M. Carboni is in charge of the prosecution.
Mexican National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALBERTO SECUNDINO-BUENAVENTURA, age 36, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
According to the Indictment, SECUNDINO-BUENAVENTURA, reentered the United States after he was previously deported on January 17, 2013. If convicted, SECUNDINO-BUENAVENTURA faces a maximum term of imprisonment of two years, a maximum fine of $250,000, a maximum term of supervised release of one year, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Louisiana Business Owners Sentenced for Filing Fraudulent Individual Income Tax ReturnsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that two owners of a Metairie business were sentenced today for willfully filing fraudulent 2011 individual income tax returns.
U.S. District Judge Jane Triche Milazzo sentenced both ROMMEL CORDOVA, 36, of Luling, and SAUL RAMIREZ, 44, of Kenner, to serve five years of probation and to pay a $10,000 fine. Each defendant has already paid restitution to the Internal Revenue Service.
According to court documents, CORDOVA and RAMIREZ owned and operated Skill Labor Provider, Inc. (Skill Labor) a Metairie labor services business. CORDOVA and RAMIREZ each owned 50 percent of the business and shared equally in its net income. During 2010 and 2011,CORDOVA and RAMIREZ used a Louisiana check cashing business to cash checks made payable to Skill Labor, cash or themselves and did not deposit these funds into Skill Labor’s bank accounts or report them as gross receipts on Skill Labor’s corporate income tax returns. CORDOVA and RAMIREZ caused Skill Labor to file fraudulent 2010, 2011 and 2012 corporate income tax returns which underreported the business’s gross receipts by more than $6 million. CORDOVA and RAMIREZ separately filed fraudulent 2010 through 2012 individual income tax returns, each underreporting their net income from Skill Labor by more than $866,000.
U.S. Attorney Polite commended special agents of the IRS–Criminal Investigation and Homeland Security Investigations, who conducted the investigation. Assistant U.S. Attorney Hayden Brockett and Tax Division Trial Attorney Michael Hatzimichalis were in charge of the prosecution.
Honduran National Pleads Guilty to Immigration OffenseRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DENIS A. MUNOZ-RODRIGUEZ, age 35, a native of Honduras, pled guilty today to a one-count Indictment for illegal entry of a removed alien, in violation of Title 18, United States Code, Section 1326(a).
According to court documents, MUNOZ-RODRIGUEZ, was previously removed from the United States on January 16, 2003. He was later found in the Eastern District of Louisiana on November 3, 2016, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
MUNOZ-RODRIGUEZ faces a maximum term of imprisonment of two years, as well as a fine of $250,000. U.S. District Court Judge Ivan L.R. Lemelle set sentencing for March 22, 2017.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement agency in investigating this matter. Assistant United States Attorney Jon Maestri is in charge of the prosecution.
Four Defendants Plead Guilty in Seventh Ward-Based Heroin and Firearms ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced the guilty plea of four defendants in a wide-ranging federal narcotics investigation. DARRELL LEWIS, a/k/a “Lil’ Darrell,” age 31; KEVIN WALKER, age 24; CARL LEWIS, a/k/a “Curl,” age 24; and STERLING PIPKINS, a/k/a “Shoe,” age 32; all of New Orleans, pled guilty today to conspiracy to distribute heroin.
DARRELL LEWIS pled guilty to conspiracy to distribute one kilogram or more of heroin, for which he faces a mandatory minimum of 20 years in prison and a maximum of life imprisonment, a maximum $20,000,000 fine, and at least 10 years of supervised release. CARL LEWIS, KEVIN WALKER, and STERLING PIPKINS each pled guilty to conspiracy to distribute 100 grams or more of heroin. Due to his prior criminal history, CARL LEWIS faces a mandatory minimum of 10 years in prison and a maximum of life imprisonment, a maximum $8,000,000 fine, and at least 8 years of supervised release. KEVIN WALKER and STERLING PIPKINS each face a mandatory minimum of 5 years and maximum of 40 years of imprisonment, a maximum $5,000,000 fine, and at least 4 years of supervised release.
Additionally, DARRELL LEWIS, KEVIN WALKER, and CARL LEWIS also pled guilty to conspiracy to possess and use firearms in furtherance of a drug conspiracy. That charge carries a maximum sentence of 20 years in prison, a $250,000 fine, and up to 3 years of supervised release.
According to court documents, DARRELL LEWIS, KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS conspired together to sell heroin in New Orleans’ Seventh Ward, specifically the intersection of Frenchmen and North Villere Streets. DARRELL LEWIS was the leader of the group. KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS served as street-level dealers, selling heroin to both other heroin dealers and users. Another defendant, DARRYL LEWIS, a/k/a “Uncle Tom,” a/k/a “Poppa Tom,” age 62, tested the heroin, stored guns, and helped sell heroin as well.
Members of this conspiracy kept and maintained firearms in furtherance of their drug trafficking activities. On October 23, 2014, Darryl Lewis was arrested by officers with the Major Crimes Task Force at his residence at 1320 Frenchmen Street, New Orleans. Pursuant to a search and seizure warrant, officers recovered an Armalite Model AR10, 7.62x51mm rifle; a Bushmaster Model XM15E2S AR15-pattern, 5.56mm rifle; a Stag Arms AR15-pattern, 5.56mm rifle; a MAK90 AK47-pattern, 7.62x39mm rifle; a Norinco SKS, 7.62x39mm rifle; and a SKS-pattern, 7.62x39mm rifle. DARRYL LEWIS was initially charged in Orleans Parish Criminal District Court and was released after posting a bond.
More guns were recovered when the co-conspirators were arrested by FBI agents, DEA agents, and NOPD officers on December 12, 2014, pursuant to arrest warrants issued by the U.S. District Court in this case. Agents recovered a loaded Glock Model 27 handgun with an extended clip at DARRELL LEWIS’s residence and a loaded Glock 23 handgun in WALKER’s possession. Agents also arrested DARRYL LEWIS again at 1320/1322 Frenchmen Street and found a black DPMS AR-15 rifle under his bed.
Court documents show that the conspiracy reached beyond the Seventh Ward. DARRELL LEWIS also used a home on Robert E. Lee Boulevard for selling heroin. Additionally, New Orleans dealers Nichiren Radcliffe, a/k/a “Lil’,” a/k/a “Taneshen Grandberry” and Conquistadore Martin, a/k/a “Melvin Moore,” a/k/a “Bob,” bought heroin from DARRELL LEWIS and occasionally supplied DARRELL LEWIS with heroin as well. Moreover, DARRELL LEWIS and MARTIN conspired along with MICHAEL MCQUITTY, a/k/a “Rooster,” a/k/a “Fat Mac,” and Nerimane Bouchama to rob a drug dealer in Columbia, Missouri. This robbery scheme eventually involved MARTIN, MCQUITTY and BOUCHAMA travelling to Missouri on a bus with at least one firearm, but FBI agents were able to defeat the plan when MARTIN and RADCLIFFE were detained in Missouri through the assistance of the St. Louis County Police Department.
The four defendants who pleaded guilty today were the last defendants pending in a twelve-defendant indictment that included narcotics and firearm-related charges. Other defendants who had already pleaded guilty in this case included NICHIREN RADCLIFFE, CONQUISTADORE MARTIN, MICHAEL MCQUITTY, NERIMANE BOUCHAMA, DEMOINDE ROWLEY, TYRONE HUDSON, and IRVIN WATSON.
DARRELL LEWIS, KEVIN WALKER, CARL LEWIS, and STERLING PIPKINS will be sentenced on May 18, 2017 by U.S. District Judge Carl J. Barbier. PIPKINS was previously convicted of possession of a firearm as a felon in the United States District Court in October 2008, and he was on federal supervised release when he was arrested in this case in December 2014. He faces a revocation hearing before United States District Judge Lance M. Africk on April 20, 2017
U.S. Attorney Polite praised the work of the FBI New Orleans Field Office. Assistance was provided by the DEA New Orleans Field Division, the New Orleans Police Department, the Major Crimes Task Force, the FBI Kansas City Division (Jefferson City Resident Office), and the St. Louis County Police Department. Assistant United States Attorneys Matthew Payne, Shirin Hakimzadeh, and Andre Lagarde are in charge of the prosecution.
Former North Shore Resident Charged with Wire Fraud, ConspiracyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BILAL AHMED, a/k/a “Bill,” age 41, formerly of Covington, was charged today in a three count Indictment charging him with two counts of wire fraud and one count of conspiracy to commit wire fraud.
AHMED is charged with devising a scheme to defraud others which he posed as a wealthy individual who stood to received millions of dollars, including from his native country of Pakistan. It is alleged that he induced at least one other conspirator to work with him, directing this conspirator to pretend to be a bank employee and make other false statements. AHMED presented false documents, including a fraudulent $100,000,000 loan document to others. As a result of AHMED’s fraudulent representations, he caused wirings totally $70,000 to be made in interstate commerce.
If convicted, AHMED faces a statutory maximum sentence of twenty years in prison for each of the wire fraud counts, and a five-year term of imprisonment on the conspiracy charge. He also faces substantial monetary penalties, supervised release, and restitution.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilty of the defendant must be proved beyond a reasonable doubt
U.S. Attorney Polite commended special agents of Homeland Security Investigations and St. Tammany Parish Sheriff’s Deputies, who investigated the case. Assistant U.S. Attorney Hayden Brockett is in charge of the prosecution.
Marrero Woman Charged with $536,724 in Health Care FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MONICA SYLVEST, age 52, of Marrero, was charged today in a Bill of Information for health care fraud.
According to the Bill of Information, SYLVEST worked as a Practice Administrator for a local pediatric clinic from August 2014 through September 2016. During her employment, SYLVEST embezzled and diverted to her personal use approximately $536,724 in medical reimbursements from the Medicaid program in connection with the delivery of and payment for health care benefits, items, and services paid to the clinic. As the Practice Administrator, SYLVEST utilized a business credit card issued by American Express and made over $536,000 in unauthorized charges to purchase several luxury items including a Harley Davidson motorcycle, custom diamond jewelry, and collectible artwork. SYLVEST then accessed her employer’s bank account containing the Medicaid reimbursements to make transfers and payments to cover the illegal purchases. The Bill of Information further alleges SYLVEST disguised the payments made to American Express as “biologicals” or “vaccinations” in order to make it appear that the expenses were related to the normal operations of the clinic.
If convicted, SYLVEST faces a sentence of up to ten years imprisonment, followed by a term of supervised release of up to three years, and a $250,000.00 fine.
U.S. Attorney Polite reiterated that a Bill of Information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Honduran National Sentenced to 3 Years Imprisonment for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN HUMBERTO HERNANDEZ-YONES, age 33, a citizen of Honduras, was sentenced today after previously pleading guilty to a one count Indictment charging him with illegal re-entry of a removed alien.
U.S. District Judge Kurt D. Engelhardt sentenced HERNANDEZ-YONES to 36 months’ imprisonment. Following completion of his sentence, HERNANDEZ-YONES will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to the court documents, on June 30, 2016, HERNANDEZ-YONES was found in the United States after having been deported on July 15, 2011. HERNANDEZ-YONES had two prior felony convictions for illegal re-entry, including one from the Eastern District of Louisiana in 2008.
U.S. Attorney Polite praised the work of the United States Immigration and Customs Enforcement in investigating this matter. Assistant United States Attorney Emily K. Greenfield was in charge of the prosecution.
Honduran National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that ALEX OBDULIO CRUZ-MATUTE, age 39, was sentenced today after previously pleading guilty to a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Kurt D. Engelhardt sentenced CRUZ-MATUTE to two years imprisonment, to be followed by two years of supervised release. Additionally, CRUZ-MATUTE was fined $5,000 and ordered to pay $100 special assessment. Following completion of his sentence, CRUZ-MATUTE will be surrendered to the custody of the Immigration and Customs Enforcement for removal proceedings.
According to court documents, CRUZ-MATUTE reentered the United States after having been deported on October 11, 2007.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Gretna Man Pleads Guilty to Distribution of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that GIORGIO COSENZA, age 29, of Gretna, pled guilty today to a one-count Bill of Information charging him with distribution of images and videos depicting the sexual exploitation of children.
According to court documents, on April 14, 2016, law enforcement officials executed a search warrant at COSENZA’s residence. Agents obtained the search warrant after observing a posting he authored on a New Orleans-based online classified advertisement website and engaging him in email correspondence. During the email correspondence, COSENZA told a special agent of the FBI, acting in an undercover capacity, that he collected images and videos of children being sexually exploited.
During the execution of the search warrant, special agents with the FBI seized numerous electronic items including one laptop computer and one smartphone that contained images and videos of child pornography. A forensic examination of the device revealed that COSENZA used the devices to search for, download, and save images and videos of children as young as approximately three years old engaging being sexually victimized. The forensic examination located approximately 740 images and 30 videos of prepubescent children engaging in sexually explicit conduct. The contents of his devices also revealed that COSENZA had taken, saved, and subsequently distributed, sexually images of an approximately fourteen-year-old female with whom he stated he had engaged in sexual intercourse years earlier. Further, COSENZA engaged in text-based correspondence in 2014 and 2015 in which he distributed numerous sexually explicit images of children and, further, expressed an interest in engaging in sexual activity with minors between the ages of six and fourteen years old.
Based on the information contained within COSENZA’S smartphone, agents obtained a search warrant for the contents of his email account. The results of the search warrant revealed the COSENZA had received and distributed additional images depicting the sexual victimization of children.
COSENZA faces a mandatory minimum of five years imprisonment and a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine per count. He can also be required to register as a sex offender. U.S. District Judge Kurt D. Engelhardt set sentencing for April 6, 2017.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation. Assistant U.S. Attorney Jordan Ginsberg is in charge of the prosecution.
New Orleans Woman Indicted for Conspiracy to Receive and Pay Illegal Health Care KickbacksRead the Press Release
U.S. Attorney Kenneth A. Polite announced that SAQUENA GRIFFIN, a/k/a “QUEENIE,” age 34, of New Orleans was charged today with conspiracy to pay and receive illegal Medicare kickbacks which resulted in Medicare paying $378,274 to a local home health.
According to the Indictment, GRIFFIN was a recruiter and marketer for Comprehensive Nursing and Home Health Service, Inc. (Comprehensive) on Earhart Blvd., in New Orleans. GRIFFIN is charged with receiving illegal kickbacks to bring Medicare beneficiaries to Comprehensive.
If convicted, GRIFFIN, faces a possible maximum sentence of five years imprisonment and a $250,000 fine.
U.S. Attorney Polite reiterated that the indictment is merely a charge and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Special Agents of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Patrice Harris Sullivan is in charge of the prosecution.
New Orleans Man Indicted for Possession of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that GRADY W. CLARK, III, age 38, of New Orleans, was indicted today for possession of child pornography.
According to court documents, special agents with the U.S. Department of Homeland Security, Homeland Security Investigations executed a search warrant on CLARK’s residence on January 20, 2017, during which time they seized numerous electronic items, including a laptop computer, thumb drives and cellular phones that contained images depicting the sexual victimization of prepubescent children. CLARK was arrested and appeared in federal court where he was detained by a United States Magistrate Judge.
Court records also revealed that CLARK was previously convicted on October 30, 2012, in Orleans Parish Criminal District Court for pornography involving juveniles.
U.S. Attorney Polite reiterated that the Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
Due to his prior conviction, if convicted, CLARK faces a mandatory minimum penalty of ten years imprisonment up to twenty years, followed by up to a life term of supervised release, and a $250,000 fine.
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."
U.S. Attorney Polite praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations, the Louisiana State Police, New Orleans Police Department, and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U.S. Attorney Brian M. Klebba.
Medical Doctor Pleads Guilty to Illegally Dispensing Schedule II and Schedule III Controlled SubstancesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BARBARA A. BRUCE, M.D., age 43, pled guilty yesterday to a one count Bill of Information charging her with conspiring with others to dispense quantities of Schedule II and Schedule III drugs outside the scope of professional practice and not for legitimate medical purposes.
According to court documents, DR. BRUCE admitted in a factual basis that she owned and operated the medical office of Barbara A. Bruce, M.D. at 9954 Lake Forest Blvd., Suite 10, in New Orleans, between August 2014 and April 2015. She acknowledged that during her medical practice she wrote prescriptions that were provided to patients without her conducting a medical examination of the patient, and at times, without even seeing the patient. DR. BRUCE admitted that she conspired with a member of her medical staff and with KENNETH KNIGHT, who split 50 percent of the profits received by DR. BRUCE through her medical practice. KNIGHT previously entered a plea of guilty to the same conspiracy and will be sentenced on April 20, 2017.
DR. BRUCE faces a maximum sentence of five years incarceration, a $250,000 fine, and three years of supervised release. U.S. District Judge Nannette Jolivette Brown set sentencing for May 4, 2017.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration New Orleans Office and the Internal Revenue Service, Gulfport, Mississippi for investigating this matter. Assistant Attorney John F. Murphy is in charge of the prosecution.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that WILSON MAURICIO OSORTO-ESTRADA, age 35, was charged today in a one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a) & (b)(2).
According to the Indictment, OSOTROS-ESTRADA, reentered the United States after he was previously deported on January 17, 2013.
If convicted, OSOTRO-ESTRADA faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Three Men Charged in Nine Count Superseding Indictment for Violations of Federal Gun Control ActRead the Press Release
U.S. Attorney Kenneth A. Polite announced today a federal grand jury handed down a third superseding indictment charging three men with nine counts of firearms charges. NOLAN CASON, 26, of New Orleans, was charged with two counts of possession of a firearm and one count of possession of ammunition by a convicted felon. QUINTON COOKS, 35, of California, was charged with two counts of possession of a firearm after a domestic violence conviction. TERRANCE MORGAN, 24, of New Orleans, was charged with four counts of possession of a firearm by a convicted felon.
If convicted, CASON, COOKS, and MORGAN each face a maximum sentence of 10 years of imprisonment, up to a $250,000.00 fine, and up to 3 years supervised release for each count.
Mr. Polite also wishes to thank the Bureau of Alcohol, Tobacco, Firearms, and Explosive and the Drug Enforcement Agency for investigating these crimes. Assistant United States Attorneys Maria Carboni and Matthew Payne are prosecuting the matter.
New Orleans Men Charged with Carjackings, Bank Robberies, and Obstruction of JusticeRead the Press Release
U.S. Attorney Kenneth A. Polite announced a federal grand jury returned a Superseding Indictment charging DWAYNE WINANS, JR., a/k/a “Butter,” age 22, and BRYSON TUESNO, age 21, both of New Orleans, with various counts of carjacking, bank robbery, and obstruction of justice. WINANS was previously indicted on October 6, 2016 for the August 4, 2016 robbery of a Fidelity Bank located at 5530 Crowder Boulevard in New Orleans.
The superseding Indictment further charges WINANS with two carjackings that both occurred on August 12, 2016, where, it is alleged that he took, respectively, a silver/gray 2012 Toyota Camry and a black 2009 Toyota Corolla from persons known to the grand jury. Both counts carry a maximum sentence of 15 years of imprisonment and/or a $250,000 fine.
WINANS and TUESNO are also charged together in connection with two other bank robberies, both of which took place on August 15, 2016: one at a Regions Bank, located at 3836 Elysian Fields Avenue in New Orleans, and the other at Gulf Coast Bank, located at 1900 Oak Harbor Boulevard in Slidell. Each count carries a maximum prison term of 20 years and/or a $250,000 fine.
Both WINANS and TUESNO are also charged with obstruction for destroying the same silver/gray Toyota Camry named in one of the Superseding Indictment's carjacking counts. The obstruction charge imposes a 20-year maximum prison term and/or a $250,000 fine.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation and the New Orleans Police Department, for investigating this matter. Assistant United States Attorney Michael E. McMahon is in charge of the prosecution.
Gretna Woman Pleads Guilty to Theft of Federal FundsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DANIELLE RANDALL, 42, of Gretna, pled guilty today to Count One of an Indictment charging her with theft of federal funds.
According to court documents, on or about August 29, 2012, Hurricane Isaac struck southeastern Louisiana and shortly thereafter, the Federal Emergency Management Agency (“FEMA”) declared a major disaster in parts of southeastern Louisiana, including the Eastern District of Louisiana. To assist individuals in coping with damage to their personal property and primary residences, FEMA established an application process for temporary disaster assistance. RANDALL submitted an application for Disaster Assistance for damage to her apartment and personal property. After she received an initial disbursement of approximately $3,000, RANDALL continued to apply for housing assistance while falsely representing her rental address and housing expenses. In total, RANDALL’s false submissions to FEMA allowed her received four U.S. Treasury checks totaling $10, 953 to which she was not entitled.
RANDALL faces a maximum penalty of 10 years imprisonment, a maximum fine of $250,000 and a special assessment of $100. Additionally, RANDALL also faces mandatory restitution of at least $10,953. U.S. District Judge Carl J. Barbier set sentencing for May 4, 2017.
U.S. Attorney Polite praised the work of the Department of Homeland Security, Office of Inspector General in investigating this matter. Assistant U. S. Attorney Sharan E. Lieberman is in charge of the prosecution.
Cuban National who had Attempted to Flee the Country Sentenced for Conspiring to Steal Credit Card Numbers, Aggravated Identity TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JULIET ESTRADA PEREZ, 24, a Cuban national, was sentenced today after previously pleading guilty to conspiracy to commit access device fraud and aggravated identity theft. ESTRADA PEREZ had resided in Florida before traveling to the New Orleans area to steal credit card information.
U.S. District Judge Nannette Jolivette Brown sentenced ESTRADA PEREZ to 36 months imprisonment to be followed by 3 years of supervised release. As part of sentencing, ESTRADA PEREZ was ordered to pay restitution of $7,873.97 jointly and severally with her codefendants and a $100 special assessment.
According to court records, in April 2016, while on bond in this case, ESTRADA PEREZ and a codefendant were arrested in the Southern District of Florida on new state charges of committing credit card fraud. She and two other codefendants were later found in the Florida Strait between Florida and Cuba by the United States Coast Guard and subsequently arrested. In total, six defendants have pleaded guilty in the case to conspiring among themselves and with others to with possessing fifteen or more unauthorized and counterfeit access devices, as well as producing, possessing, and trafficking device-making equipment. Additionally, court records indicate the defendants traveled from Florida in late July, 2015 and agreed to place card skimming devices on gas pumps in the New Orleans area. They also admitted to, among other things, possessing a card encoding machine, a card embossing machine, and a laptop computer containing stolen credit card information.
U.S. Attorney Polite commended the work of Jefferson Parish Sheriff’s Office, the United States Secret Service, and Homeland Security Investigations, who investigated the case. Assistant Attorney Hayden Brockett was in charge of the prosecution.
Ninth Ward Heroin Dealer Pleads Guilty to Conspiracy ChargeRead the Press Release
U.S. Attorney Kenneth A. Polite announced that COREY CELESTINE, age 33, pled guilty today to participating in a heroin distribution conspiracy in the lower Ninth Ward of New Orleans. CELESTINE pled guilty to conspiracy to distribute one kilogram or more of heroin.
According to court documents, CELESTINE conspired with ULYESSE SANTIAGO, CLARENCE PETER SANTIAGO, DWAYNE SMOTHERS, and others to sell heroin near Bonart Park in New Orleans’ lower Ninth Ward. During the course of this investigation, agents performed several controlled purchases of heroin from CELESTINE, and he was subsequently arrested with $13,000 in cash. The investigation, led by the U.S. Drug Enforcement Administration, began in 2013 and resulted in the arrest of ten individuals in New Orleans, Terrebonne Parish, Jefferson Parish, and Texas.
CELESTINE faces a minimum of 10 years of imprisonment and a maximum of life imprisonment, a fine of up to $10,000,000 and at least five years of supervised release. His codefendants, ULYESSE SANTIAGO, CLARENCE PETER SANTIAGO, and DWAYNE SMOTHERS, have all previously entered guilty pleas in this matter. All three codefendants are scheduled for sentencing on February 22, 2017. U.S. District Judge Martin L.C. Feldman set sentencing for CELESTINE on May 17, 2017.
U.S. Attorney Polite praised the work of the DEA New Orleans Division Office, along with the assistance from the FBI New Orleans Field Office, the New Orleans Police Department, the Terrebonne Parish Sheriff’s Office, and the Louisiana State Police in investigating this matter. Assistant United States Attorney Matthew Payne is in charge of the prosecution.
New Orleans Man Sentenced for Conspiracy to Commit Federal Bribery and Honest Services Wire FraudRead the Press Release
U.S. Attorney Kenneth A. Polite announced that LESTER MORNAY, 68, of New Orleans, was sentenced today after previously pleading guilty to a one-count Bill of Information charging him with conspiracy to commit bribery and honest services wire fraud.
U.S. District Judge Martin L.C. Feldman sentenced MORNAY to one year of probation and a $100 special assessment. Additionally, MORNAY was ordered to participate in the Rise and Recovery Program.
According to court records, beginning in September 2013 and continuing until January 2015, MORNAY and several others participated in a conspiracy to commit bribery and honest services wire fraud. Court records indicate that IRA THOMAS, in his role as an Orleans Parish School Board (“OPSB”) Member, engaged in a scheme to defraud Orleans Parish and its citizens of his honest services through bribery and a kickback scheme, whereby THOMAS used his public office and official capacity to provide favorable treatment, including attempting to facilitate the awarding of a contract, that was designed to benefit the business and financial interest of an individual who provided him with a bribe and kickback in the form of cash payment disguised as a campaign contribution.
Additionally, court records show that in September 2013, a cooperating witness (“CW”) was approached by ARMER BRIGHT, an OPSB employee, who offered the CW a janitorial services contract that would soon be up for bid by the OPSB in exchange for a monetary payoff. During the fall of 2013, the CW, THOMAS, BRIGHT, and at times MORNAY, met to discuss this contract. These conversations were recorded by the CW with the assistance of the FBI. Ultimately, it was decided that the CW would pay $5,000 to THOMAS in the form of a “campaign contribution” in exchange for THOMAS’ and the OPSB employee’s assistance regarding the janitorial services contract. In December 2013, the CW delivered $5,000 in cash to MORNAY acting as a conduit for THOMAS, which was video recorded. This money was then delivered to THOMAS. During the fall of 2014, THOMAS and BRIGHT discussed over recorded telephone conversations how to alter the bid process so that the CW would be given an improper advantage in bidding for the janitorial services contract, which was valued over $5,000.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant U.S. Attorney Sean Toomey was in charge of the prosecution.
Honduran National Pleads Guilty to Illegally ReentryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JUAN MANUEL URQULA-SEVILLA, age 35, a citizen of Honduras, pled guilty today to a one-count Bill of Information for illegal reentry of removed alien.
According to court records, URQULA-SEVILLA was previously removed from the United States on or about April 4, 2005. URQULA-SEVILLA was later found in the Eastern District of Louisiana on or about October 11, 2015, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
URQULA-SEVILLA faces a maximum term of imprisonment of two years and a fine of $250,000, one year supervised release after imprisonment, and a $100 special assessment. U.S. District Judge Eldon E. Fallon set sentencing for March 16, 2017.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security, Immigration Enforcement in investigating this matter. Assistant United States Attorney Irene González is in charge of the prosecution.
Clinical Psychologist and Owner of Psychological Services Centers Convicted in $25 Million Psychological Testing Scheme Carried Out Through Eight Companies in Four Gulf Coast StatesRead the Press Release
WASHINGTON –Two owners of psychological services companies, one of whom was a clinical psychologist, were convicted yesterday for their involvement in a $25.2 million Medicare fraud scheme carried out through eight companies at nursing homes in four states in the Southeastern United States.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcment.
Rodney Hesson, Psy.D, 47, of Slidell, Louisiana, licensed clinical psychologist and owner of Nursing Home Psychological Service of Louisiana LLC, Nursing Home Psychological Service of Mississippi LLC, Nursing Home Psychological Services of Florida LLC and Nursing Home Psychological Service of Alabama LLC (collectively NHPS), and Gertrude Parker, 63, of Slidell, Louisiana, owner of Psychological Care Services of Louisiana, Psychological Care Services of Mississippi, Psychological Care Services of Alabama and Psychological Care Services of Florida (collectively PCS), were convicted following a seven-day jury trial in the Eastern District of Lousiana. They were each convicted of one count of conspiracy to commit health care fraud and one count of conspiracy to make false statements related to health care matters. The jury verdict included a money judgment of $8,956,278, as well as forfeiture of Hesson’s home and at least $525,629 in seized currency. A sentencing hearing for both defendants is set for May 4, 2017, before U.S. District Court Judge Carl J. Barbier of the Eastern District of Louisiana.
According to evidence presented at trial, the defendants’ companies contracted with nursing homes in Alabama, Florida, Lousiana and Mississippi to allow NHPS and PCS clinical psychologists to provide psychological services to nursing home residents. Hesson and Parker caused these companies to bill Medicare for hours of psychological testing services that these nursing home residents did not need or in some instances did not receive. Between 2009 and 2015, NHPS and PCS submitted over $25.2 million in claims to Medicare, a significant amount of these claims being fraudulent. Medicare paid more than $13.5 million on the fraudulent claims.
The FBI and HHS-OIG investigated the case, which was brought by the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana. Senior Litigiation Counsel John Michelich and Trial Attorneys Katherine Raut and Katherine Payerle of the Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 3,000 defendants who collectively have billed the Medicare program for over $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.justice.gov/criminal-fraud/health-care-fraud-unit.
Clinical Psychologist and Owner of Psychological Services Centers Convicted in $25 Million Psychological Testing Scheme Carried Out Through Eight Companies in Four Gulf Coast StatesRead the Press Release
Two owners of psychological services companies, one of whom was a clinical psychologist, were convicted yesterday for their involvement in a $25.2 million Medicare fraud scheme carried out through eight companies at nursing homes in four states in the Southeastern United States.
Acting Assistant Attorney General Kenneth A. Blanco of the Justice Department’s Criminal Division, U.S. Attorney Kenneth A. Polite of the Eastern District of Louisiana, Special Agent in Charge Jeffrey S. Sallet of the FBI’s New Orleans Field Office and Special Agent in Charge C.J. Porter of the U.S. Department of Health and Human Services Office of Inspector General’s (HHS-OIG) Dallas Regional Office made the announcement.
Rodney Hesson, Psy.D, 47, of Slidell, Louisiana, licensed clinical psychologist and owner of Nursing Home Psychological Service of Louisiana LLC, Nursing Home Psychological Service of Mississippi LLC, Nursing Home Psychological Services of Florida LLC and Nursing Home Psychological Service of Alabama LLC (collectively NHPS), and Gertrude Parker, 63, of Slidell, Louisiana, owner of Psychological Care Services of Louisiana, Psychological Care Services of Mississippi, Psychological Care Services of Alabama and Psychological Care Services of Florida (collectively PCS), were convicted following a seven-day jury trial in the Eastern District of Louisiana. They were each convicted of one count of conspiracy to commit health care fraud and one count of conspiracy to make false statements related to health care matters. The jury verdict included a money judgment of $8,956,278, as well as forfeiture of Hesson’s home and at least $525,629 in seized currency. A sentencing hearing for both defendants is set for May 4, 2017, before U.S. District Court Judge Carl J. Barbier of the Eastern District of Louisiana.
According to evidence presented at trial, the defendants’ companies contracted with nursing homes in Alabama, Florida, Louisiana and Mississippi to allow NHPS and PCS clinical psychologists to provide psychological services to nursing home residents. Hesson and Parker caused these companies to bill Medicare for hours of psychological testing services that these nursing home residents did not need or in some instances did not receive. Between 2009 and 2015, NHPS and PCS submitted over $25.2 million in claims to Medicare, a significant amount of these claims being fraudulent. Medicare paid more than $13.5 million on the fraudulent claims.
The FBI and HHS-OIG investigated the case, which was brought by the Medicare Fraud Strike Force, under the supervision of the Criminal Division’s Fraud Section and the U.S. Attorney’s Office for the Eastern District of Louisiana. Senior Litigation Counsel John Michelich and Trial Attorneys Katherine Raut and Katherine Payerle of the Fraud Section are prosecuting the case.
The Fraud Section leads the Medicare Fraud Strike Force. Since its inception in March 2007, the Medicare Fraud Strike Force, now operating in nine cities across the country, has charged over 3,000 defendants who collectively have billed the Medicare program for over $11 billion. In addition, the HHS Centers for Medicare & Medicaid Services, working in conjunction with the HHS-OIG, are taking steps to increase accountability and decrease the presence of fraudulent providers.
To learn more about the Health Care Fraud Prevention and Enforcement Action Team (HEAT), go to www.stopmedicarefraud.gov.
River Ridge Man Sentenced after Pleading Guilty to Child Pornography ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CRAIG QUINTAL, age 41, of River Ridge, was sentenced yesterday after previously pleading guilty to crimes involving the sexual exploitation of children.
U.S. District Judge Ivan L.R. Lemelle sentenced QUINTAL to serve 18 months’ imprisonment to be followed by 7 years of supervised release. QUINTAL was also ordered to pay a fine in the amount of $5,000.00 and was ordered to register in compliance with the Sex Offender Registration Notification Act.
According to court records, beginning at an unknown time to on or about July 15, 2015, QUINTAL knowingly accessed child pornography with the intent to view images depicting the sexual victimization of minors. QUINTAL accessed visual depictions of minors under the age of twelve years-old engaging in sexually explicit conduct.
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."
U.S. Attorney Polite praised the work of the U. S. Department of Homeland Security, Homeland Security Investigations and the Louisiana Bureau of Investigation in investigating this matter. The prosecution of this case is being handled by Project Safe Childhood Coordinator and Fraud Section Chief, Assistant U. S. Attorney Brian M. Klebba.
Kenner Woman and Construction Company Sentenced for Labor Violations and False StatementsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KATIA MURILLO COSTA, age 42, of Kenner, was sentenced today after previously pleading guilty to violating provisions of the Fair Labor Standards Act. Her company, KLV OPERATIONS LLC (“KLV”), was also sentenced after previously pleading guilty to violating the Fair Labor Standards Act and to having representatives make false statements to federal agents.
U.S. District Judge Jane Triche Milazzo sentenced COSTA and KLV to five years of probation. The parties were both ordered to pay approximately $58,000 to the United States Department of Labor, Wage and Hour division so the agency can pay back wages to former KLV employees.
According to court documents, in November 2013, the U.S. Department of Labor (“DOL”), a department or agency of the United States, began investigating whether KLV was paying its employees proper overtime and minimum wage pay in compliance with the Fair Labor Standards Act. The investigation disclosed that the defendants, KLV and COSTA, failed to pay 47 employees overtime and minimum wage. In addition, representatives of KLV submitted materially false and fraudulent payroll and timesheet records to the DOL, in an effort to make representatives of the DOL believe that KLV was complying with the Fair Labor Standards Act.
U.S. Attorney Polite praised the work of Investigators with the DOL Wage and Hour Division, and Special Agents with the DOL, Office of Inspector General in investigating this matter. Assistant U. S. Attorney Sharan E. Lieberman was in charge of the prosecution.
Mexican National Sentenced for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that FAUSTINO JUAREZ-CASTILLO, age 32, was sentenced today after previously pleading guilty one-count Indictment for illegal reentry of a removed alien in violation of Title 8, United States Code, Section 1326(a).
U.S. District Judge Martin L.C. Feldman sentenced JUAREZ-CASTILLO to 14 months incarceration, to be followed by one year of supervised release. Following completion of his sentence, JUAREZ-CASTILLO will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to the court documents, JUAREZ-CASTILLO was previously removed from the United States on October 28, 2011. JUAREZ-CASTILLO was found in the Eastern District of Louisiana on August 2, 2016, and had not received permission from the Attorney General of the United States or the Secretary of the Department of Homeland Security to reenter.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis was in charge of the prosecution.
Houma Man Pleads Guilty to Possession of Child PornographyRead the Press Release
U.S. Attorney Kenneth A. Polite announced that MICHAEL CHAUVIN, age 31, of Houma, pled guilty today to a one-count Indictment, charging him with possession of images and videos depicting the sexual exploitation of children under the age of twelve.
According to court documents, law enforcement officials executed a search warrant at CHAUVIN’S residence on August 7, 2015, during which time they seized numerous electronic items, including one laptop computer, one cellular “smart” phone, four external hard drives, and two external “thumb” drives that contained images and videos of child pornography. A forensic examination of the devices revealed that CHAUVIN used the devices to search for, download, and save images and videos of children as young as approximately two years old engaging in sexually explicit conduct. CHAUVIN obtained most, if not all, of the images and videos via a peer-to-peer file sharing program. The forensic examination located approximately 1,354 images and 779 videos of prepubescent children engaging in sexually explicit on CHAUVIN’S electronic devices.
CHAUVIN faces a maximum term of imprisonment of twenty years, followed by up to a lifetime of supervised release, and a $250,000 fine. He can also be required to register as a sex offender. U.S. District Judge Kurt D. Engelhardt set sentencing for April 12, 2017.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg and Special Assistant United States Attorney J. Ryan McLaren are in charge of the prosecution.
Two Sentenced in Conspiracy to Traffic Heroin Using MegabusRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KEVIN GONZALES, age 25, of Houston, and EARL BROWN, age 32, of New Orleans, were sentenced today after having previously pled guilty to a conspiracy to distribute heroin.
U.S. District Judge Carl J. Barbier sentenced GONZALES to 57 months of incarceration, to be followed by 5 years of supervised release. BROWN was sentenced to 30 months of incarceration, to be followed by 3 years of supervised release.
Both defendants were charged in a 21-count Superseding Indictment on September 18, 2015. According to court documents, the Superseding Indictment resulted from an FBI investigation into a heroin-trafficking organization operating primarily around Loyola Avenue and Harmony Street in Central City. During the timeframe of this conspiracy, GONZALES traveled via Megabus from Houston to New Orleans, carrying half-kilogram quantities of heroin for distribution by BROWN and others in the New Orleans area.
U.S. Attorney Polite praised the work of the FBI New Orleans Gang Task Force (NOGTF), St. Tammany Parish Sheriff’s Office, the Jefferson Parish Sheriff’s Office, and the New Orleans Police Department in investigating this matter. Assistant United States Attorney Brandon S. Long is in charge of the prosecution.
New Orleans Man Sentenced for Heroin DistributionRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DELRONE MOORE, age 39, of New Orleans, was sentenced today after previously pleading guilty to two counts of distribution of heroin.
U.S. District Judge Nannette Jolivette Brown sentenced MOORE to serve 45 months imprisonment to be followed by 3 years of supervised release.
According to court documents, in the fall of 2015, a Jefferson Parish Sheriff’s Office detective conducted controlled undercover purchases of heroin from MOORE. On October 14, 2015, the undercover detective met with MOORE in Kenner, buying approximately half of an ounce of heroin from MOORE. On November 12, 2015, the undercover detective again met with MOORE in Kenner and conducted a second controlled undercover purchase, buying approximately one ounce of heroin from MOORE. Both of the hand-to-hand transactions took place in the undercover detective’s vehicle and were captured on that vehicle’s audio and video recording system.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration and the Jefferson Parish Sheriff’s Office. Assistant United States Attorney Nicholas D. Moses was in charge of the prosecution.
New Orleans Man Indicted on Murder, Carjacking, Robbery, Drug and Firearms ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KWAME FLEMING, age 26, of New Orleans, was indicted today for charges of committing murder through use of a firearm, conspiracy to commit carjackings, conspiracy to commit Hobbs Act robbery, conspiracy to distribute and possess with intent to distribute marijuana, brandishing and discharging firearms during crimes of violence, and other offenses.
According to the Indictment, FLEMING and others known to the Grand Jury conspired to distribute and possess with intent to distribute marijuana. In furtherance of that conspiracy, FLEMING and others murdered Jacquez Young in Gretna, Louisiana, on June 1, 2015.
FLEMING is also charged with conspiring to commit carjackings, and for brandishing firearms during those carjackings. The Indictment outlines four separate carjackings or attempted carjackings that FLEMING or his co-conspirators committed. First, on May 31, 2015, FLEMING’s co-conspirators carjacked a 2015 white Dodge Ram in New Orleans. The next day, on June 1, 2015, FLEMING and his co-conspirators attempted to carjack a 2013 gold Ford F-250 in New Orleans, but were unsuccessful. Shortly after that, on the same day, FLEMING and his co-conspirators successfully carjacked a 2014 Chevrolet Cruze in New Orleans. On June 4, 2015, FLEMING and his co-conspirators carjacked a 2004 GMC Yukon in Baton Rouge, Louisiana, which they drove back to New Orleans. FLEMING is also charged separately for his participation in three of the carjackings or attempted carjackings.
FLEMING is also charged with committing a Hobbs Act robbery on June 4, 2015, and for discharging a firearm during that robbery. According to the Indictment, FLEMING and his co-conspirators, while in the New Orleans area, arranged to steal a quantity of marijuana and synthetic marijuana from a person through the use of actual and threatened violence, which later occurred in Mississippi.
If convicted of murder through use of a firearm, FLEMING faces a maximum sentence of life imprisonment. If convicted of carjacking or attempted carjacking, FLEMING faces a maximum sentence of 15 years imprisonment on each count. If convicted of brandishing a firearm during a crime of violence, FLEMING faces a minimum of 7 years to a maximum of life imprisonment on each count. If convicted of Hobbs Act robbery, FLEMING faces a maximum sentence of 20 years imprisonment. If convicted of discharging a firearm during a crime of violence, he faces a minimum of 10 years to a maximum of life imprisonment. If convicted of conspiracy to distribute and possess with intent to distribute marijuana, FLEMING faces a maximum sentence of 5 years imprisonment. If convicted of conspiracy to commit carjackings, he faces a maximum sentence of 5 years imprisonment. If convicted of conspiracy to use firearms during drug trafficking and crimes of violence, he faces a maximum sentence of 20 years imprisonment.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Jefferson Parish District Attorney’s Office, the Jefferson Parish Sheriff’s Office, the Zachary Police Department, and the Wilkinson County Sheriff’s Office for investigating this matter. Assistant United States Attorney Jonathan L. Shih and Trial Attorney Joseph K. Wheatley from the Department of Justice are in charge of the prosecution.
Honduran National Indicted for Illegal Re-EntryRead the Press Release
U.S. Attorney Kenneth A. Polite announced that CRISTIAN CESRE-PAZ, age 31, was charged today in a one-count Indictment for illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a) & (b)(2).
According to the Indictment, CESRE-PAZ reentered the United States after he was previously deported on December 27, 2006. If convicted, CESRE-PAZ faces a maximum term of imprisonment of ten years, a maximum fine of $250,000, a maximum term of supervised release of three years, and a mandatory $100 special assessment.
U.S. Attorney Polite reiterated that an Indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney Spiro G. Latsis is in charge of the prosecution.
Cuban National Sentenced for Conspiring to Steal Credit Card Numbers, Aggravated Identity TheftRead the Press Release
U.S. Attorney Kenneth A. Polite announced that JESUS ENRIQUE GONZALES TORRES, 24, a Cuban national who had resided in Florida before traveling to the New Orleans area to steal credit card information, was sentenced after previously pleading guilty to conspiracy to commit access device fraud and aggravated identity theft. In April 2016, GONZALES TORRES and two codefendants were arrested in the Southern District of Florida on bond violations after they were found in the Florida Strait between Florida and Cuba by the United States Coast Guard. All three have been detained since then as flight risks.
U.S. District Judge Nannette Jolivette Brown sentenced GONZALEZ TORRES to 30 months imprisonment, to be followed by 3 years of supervised release. Additionally, GONZALES TORRES was ordered to pay restitution of $7,873.97 jointly and severally with his codefendants and a $100 special assessment.
In all, six defendants have pleaded guilty in the case to conspiring among themselves and with others to with possessing fifteen or more unauthorized and counterfeit access devices, as well as producing, possessing, and trafficking device-making equipment. According to court records, the defendants traveled from Florida in late July, 2015 and agreed to place card skimming devices on gas pumps in the New Orleans area. They also admitted to, among other things, possessing a card encoding machine, a card embossing machine, and a laptop computer containing stolen credit card information. GONZALES TORRES is the first defendant to be sentenced in the matter.
U.S. Attorney Polite commended the work of Jefferson Parish Sheriff’s Office, the United States Secret Service, and Homeland Security Investigations, who are investigating the case. Assistant U.S. Attorney Hayden Brockett was in charge of the prosecution.
Thibodaux Man Sentenced for an Extensive Computer Hacking Scheme Involving Nearly 50 VictimsRead the Press Release
U.S. Attorney Kenneth A. Polite announced that BRADER YELVERTON, age 24, of Thibodaux, was sentenced today after previously pleading guilty as charged to a one-count Bill of Information charging him with unauthorized access of a protected computer.
U.S. District Judge Jay C. Zainey sentenced YELVERTON to 5 years probation and $3,500 in restitution.
According to court documents, between about 2013 and December 2015, YELVERTON accessed the personal online accounts, including email, educational, social media, and “cloud” storage accounts of at least 49 individuals without their knowledge or authorization. All of the individuals whose accounts YELVERTON accessed without authorization were individuals he knew. The vast majority of the victims were females, as well as several of their significant others.
YELVERTON obtained access to an account by using publicly accessible information, or information he knew about the victim, to isolate the password for one of the accounts, usually his/her social media account. YELVERTON then used the information contained in the social media account to obtain the password to other accounts of the victim. Once he obtained access to the accounts, YELVERTON changed the passwords so that he could continue to access them. After YELVERTON obtained access to the accounts, he searched through them and obtained personal information of the victims, including, in some cases, sensitive photographs of the victims.
In the case of one victim, YELVERTON viewed not more than 380 pictures stored on her various online accounts. After saving some of the pictures to his personal computer, YELVERTON uploaded at least two private, sensitive photographs of the victim that he obtained from her private accounts onto an online anonymous image trading board that provides for state-specific and city-specific fora for individuals to upload, view, download, and trade images. During the upload process, YELVERTON entitled the images using the first name and last initial of the victim, so that other visitors to the website could readily identify the victim.
U.S. Attorney Polite praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg was in charge of the prosecution.
New Orleans Man Pleads Guilty to Possession of Child Pornography and Failure to Register as a Sex OffenderRead the Press Release
U.S. Attorney Kenneth A. Polite announced that DWIGHT JOSEPH, JR., age 34, of New Orleans, pled guilty today to a two-count Indictment charging him with possession of images and videos depicting the sexual exploitation of children under the age of twelve and failure to register as a sex offender.
According to court documents, JOSEPH was convicted in 2005 in Lehigh County, Pennsylvania, for dissemination of photo/film of child sex acts, which required him to register as sex offender for at least ten years. Notwithstanding that obligation, JOSEPH temporarily resided in New Orleans beginning in about April 2015, without notifying the appropriate authorities in either Louisiana or Pennsylvania.
Additionally, on about September 9, 2015, law enforcement authorities executed a search warrant at JOSEPH’S residence, during which time they seized numerous electronic items. A forensic examination of the device revealed that JOSEPH used the devices to download and save images and videos of children as young as less than one-year old engaging in sexually explicit conduct, including being raped, forced to perform oral sex on adult men, and being forced to engage in acts of incest. The forensic examination located approximately 725 images and 69 videos depicting prepubescent children engaging in sexually explicit on JOSEPH’S digital devices.
JOSEPH faces a mandatory minimum of 10 years imprisonment and a maximum term of imprisonment of 20 years for possessing child pornography. He also faces a maximum term of 10 years imprisonment for failing to register as sex offender. Additionally, JOSEPH faces up to a lifetime of supervised release and a $250,000 fine per count. He can also be required to register as a sex offender. U.S. District Judge Sarah S. Vance set sentencing for May 17, 2017.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. 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 better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Polite praised the work of the Louisiana Bureau of Investigation Cyber Crime Unit and the United States Marshals Service, with assistance from the United States Department of Homeland Security – Homeland Security Investigations in investigating this matter. Assistant United States Attorney Jordan Ginsberg is in charge of the prosecution.
Marrero Men Indicted on Firearms and Drug ChargesRead the Press Release
U.S. Attorney Kenneth A. Polite announced that HECTOR MATA, JR., age 30, and FERNANDO ORDONEZ, age 38, both of Marrero, were indicted today for charges of conspiracy to distribute cocaine, heroin, and marijuana, possessing of a firearm during a drug trafficking crime, and other offenses.
According to the Indictment, on December 15, 2016, MATA JR. and ORDONEZ conspired to possess 500 grams or more of cocaine, 100 grams or more of heroin, and a quantity of marijuana, along with other drug offenses. MATA JR. and ORDONEZ are also each charged with possessing two firearms during a drug trafficking crime: a .38 caliber Smith and Wesson revolver and a .223 caliber Olympic Arms model MFR assault rifle. MATA JR. is separately charged with possessing an additional firearm during a drug trafficking crime: a .40 caliber Smith and Wesson handgun.
In connection with their possession of firearms, MATA JR. is also charged with being a felon in possession of a firearm, and ORDONEZ is charged with being an illegal alien in possession of a firearm. Finally, MATA JR. is charged with obstruction of justice for attempting to bribe a Detective from the Jefferson Parish Sheriff’s Office.
If convicted on the drug conspiracy, MATA JR. and ORDONEZ are facing a minimum of 5 years to a maximum of 40 years imprisonment. On the weapons charge, each defendant is facing a minimum of 5 years to a maximum of life imprisonment. Additionally, MATA JR. faces up to 20 years for the obstruction of justice charge.
U.S. Attorney Polite reiterated that the Indictment is merely an allegation and that the guilt of the defendants must be proven beyond a reasonable doubt.
U.S. Attorney Polite praised the work of the U.S. Homeland Security Investigations and the Jefferson Parish Sheriff’s Office in investigating this case. Assistant United States Attorney Jonathan L. Shih is in charge of the prosecution.
Pain Clinic Owner Pleads Guilty to Conspiracy to Illegally Dispense Opiod MedicineRead the Press Release
U.S. Attorney Kenneth A. Polite announced that KENNETH KNIGHT, age 67, of Jefferson, pled guilty today to conspiracy to dispense quantities of oxycodone and hydrocodone outside the scope of the medical practice.
According to court documents, the Drug Enforcement Administration conducted controlled purchases of opioid medicine from Axcess Medical Clinic, Inc., located in New Orleans.
KNIGHT faces a maximum sentence of 5 years imprisonment and a fine of up to $250,000. U.S. District Judge Nannette Jolivette Brown set sentencing for April 20, 2017. Additionally, a total of $39,999.44 was forfeited in this investigation.
U.S. Attorney Polite praised the work of the Drug Enforcement Administration New Orleans Office and the Internal Revenue Service, Gulfport, Mississippi in investigating this matter. Assistant U.S. Attorneys John F. Murphy and Bill McSherry are in charge of the prosecution.