District of Maine
Press releases recorded for this federal judicial district.
North Carolina Man Found Guilty of Failing to Pay $58,400 in Child SupportRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that a jury returned a verdict yesterday finding Steve Matisko, Jr., 54, of Raleigh, North Carolina, guilty of willfully failing to pay child support. The trial was held before Chief United States District Judge Nancy Torresen sitting in Bangor.
Evidence introduced at trial showed that in 1997 the Maine District Court found that Matisko was the legal and biological father of a child and ordered Matisko to pay $56 per week in child support. The evidence showed that Matisco willfully failed to make child support payments for the next approximately 20 years. The evidence also showed that Matisko lived in Maine, Alaska, Ohio, Texas and North Carolina during that period of time and worked for cash so as to avoid his support obligations. Matisko’s unpaid child support obligation totaled $58,406.
Chief Judge Torresen will sentence Matisko after the United States Probation Office conducts a presentence investigation. He faces up to two years in prison and one year of supervised release, a $250,000 fine and court-ordered restitution in the amount of $58,406.
The investigation was conducted by the Office of the Inspector General for the U.S. Department of Health and Human Services as well as the Division of Support Enforcement and Recovery for the Maine Department of Health and Human Services.
Mexican Man Sentenced to Time Served for Unlawfully Re-Entering the United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced Benigno Godinez-Cortez, 45, of Ahuacuotzingo, Guerrero, Mexico was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to time servied (70 days) in prison for unlawfully re-entering the United States. He pled guilty on August 14.
According to court records, on July 10, the defendant entered the United States illegally from Canada by crossing a railroad trestle near Calais. U.S. Border Patrol agents located the defendant shortly after he entered. He is a citizen of Mexico who had been deported after his arrest in 1994 on immigration charges and did not have immigration documents allowing him to enter.
The investigation was conducted by the U.S. Border Patrol and U.S. Customs and Border Protection.
Australian Woman Sentenced to 70 Days for Encouraging and Inducing Illegal Entry into United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced Sarah Louise Branch, 37, of New South Wales, Australia was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to 70 days in prison for encouraging and inducing illegal entry of Benigno Godinez-Cortez into the United States on July 10, 2018. Ms. Branch and M. Godinez-Cortez pled guilty on August 14, 2018 in U.S. District Court to immigration felony offenses.
According to court records, a Mexican passport, male clothing and photographs of Benigno Godinez-Cortez were discovered in the van of Sarah Branch when she sought admission to the United States at a Port of Entry in Calais, Maine. Upon questioning by Customs and Border Protection Officers, Ms. Branch admitted she knew her boyfriend, a citizen of Mexico, would not be admitted into the United States and that she therefore dropped him off “somewhere” near the border of Canada and the United States. She then confessed she told Godinez-Cortez she would cross at the nearest port of entry and then would pick him up after he contacted her by cell phone.
U.S. Attorney Frank stated that the Justice Department and the Department of Homeland Security are committed to securing the international border and ensuring that each person who seeks to enter our country present himself or herself at a designated crossing point or port of entry.
The investigation was conducted by Customs and Border Protection, a federal agency within the U.S. Department of Homeland Security.
Massachusetts Man Sentenced to Ten Years for Fentanyl TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Steven Talbot, 32, of Wakefield, Massachusetts, was sentenced today in U.S. District Court by Judge Jon D. Levy to ten years in prison and eight years of supervised release for possession with intent to distribute fentanyl. He pleaded guilty on March 23, 2018.
Court records reveal that on December 4, 2017, Talbot transported 80 grams of fentanyl from Massachusetts to Maine for distribution to a person working with law enforcement. Law enforcement agents arrested Talbot and seized the fentanyl upon his arrival at the meeting location.
Talbot faced an enhanced penalty based upon a prior felony conviction for drug trafficking.
The investigation was conducted by the U.S. Drug Enforcement Administration with assistance from the Maine State Police, and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Justice Department Will Award up to $246 Million in Grants to Improve Public Safety in American Indian and Alaska Native CommunitiesRead the Press Release
Washington -- United States Attorney Halsey B. Frank joined the Department of Justice today in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities, including $899,135 to the Aroostook Bank of Micmacs and $899,556 to the Penobscot Nation for their violence against women programs, and $749,774 to the Point Pleasant Passamaquoddy Tribe for its justice and drug and alcohol abuse programs.
Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.
In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities. The awards are intended to help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance. Recipients will be announced in the near future.
“With these awards, we are doubling the amount of grant funding devoted to public safety programs and serving victims of crime in Native American communities,” said Principal Deputy Associate Attorney General Jesse Panuccio, who made the announcement during his remarks at the 26th Annual Four Corners Indian Country Conference in Santa Fe, New Mexico. “There is an unacceptable level of violent crime and domestic abuse in American Indian and Alaska Native communities. This increase in resources, together with our aggressive investigation and prosecution of crimes, shows how seriously Attorney General Sessions and the entire Department of Justice take these issues. We are committed to reducing violent crime and improving public safety.”
The Four Corners Conference is facilitated annually by U.S. Attorneys from Arizona, Colorado, New Mexico and Utah to provide a forum for discussion of justice-related topics with a large number of populous and diverse tribal nations located in the region.
CTAS awards cover nine purpose areas: public safety and community policing; justice systems planning; alcohol and substance abuse; corrections and correctional alternatives; children’s justice act partnerships; services for victims of crime; violence against women; juvenile justice; and tribal youth programs. CTAS funding helps tribes develop and strengthen their justice systems’ response to crime, while expanding services to meet their communities’ public safety needs.
Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities.
A listing of today’s announced CTAS awards is available at: www.justice.gov/tribal/page/file/1095161/download.
Guatemalan Man Sentenced for Being in the United States IllegallyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Victor Yobany Archila-Rojas, 28, of Guatemala, was sentenced today in U.S. District Court to time served (53 days) for entering the United States after having been removed and deported. The defendant pleaded guilty on August 14, 2018.
Court records reveal that on July 29, 2018, the defendant entered the United States from Canada in Sandy Bay Township, Maine at a location not designated for entry. U.S. Border Patrol agents located the defendant shortly after he entered. He is a citizen of Guatemala and was removed from the United States in 2013. He is subject to deportation.
The investigation was conducted by the U.S. Border Patrol.
Rumford Man Pleads Guilty to Social Security Fraud and Theft of Public MoneyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Raymond J. Brenneis, 59, of Rumford, Maine, pled guilty today in U.S. District Court to Social Security fraud and theft of public money.
According to court records, since 1995, Brenneis has received Supplemental Security Income (“SSI”) benefits which are paid to people with limited income who are blind, disabled, or elderly. Between 2015 and 2017, Brenneis also received Supplemental Nutritional Assistance Program (“SNAP”) and Maine State SSI Supplement benefits. Brenneis told the federal and state programs administering the benefit programs that he was living alone and not receiving help or money from any other person. In fact, from 2011 to 2017, Brenneis lived with his wife whose receipt of Social Security Disability Insurance benefits rendered him ineligible for benefits he received. Brenneis told investigators that he concealed his actual living arrangements because he knew his wife’s benefits would make him ineligible to receive the benefits.
Brenneis faces up to five years in prison and a $250,000 fine for Social Security fraud, and up to ten years in prison and a $250,000 fine for theft of public money. He also faces up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Social Security Administration’s Office of the Inspector General and the Maine Department of Health & Human Service’s Fraud Investigation and Recovery Unit.
Keene Man Pleads Guilty to Sexually Exploiting a ChildRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Benjamin Gagnon, 35, of Keene, New Hampshire, pled guilty today in U.S. District Court in Concord, New Hampshire to sexually exploiting a minor.
According to court records, in January 2017, Gagnon, who was in New Hampshire, persuaded a minor female in Texas to create still images and videos depicting the minor engaging in sexually explicit conduct. The minor transmitted the images and videos to Gagnon over the internet. Gagnon later uploaded the images to an online account, where they were found by investigators in August 2017.
Gagnon faces between 15 and 30 years in prison, a $250,000 fine and between five years and life on supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Derry, Hinsdale and Keene, New Hampshire Police Departments; the North Carolina Bureau of Investigation; and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Old Town Man Pleads Guilty to Sexual Exploitation of Children, and Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Patrick Monahan, 52, of Old Town, Maine, pleaded guilty today in U.S. District Court to sexual exploitation of children, and distribution and possession of child pornography.
According to court records, the defendant, posing online as a teenager, separately persuaded two minors to send him over the internet videos of themselves engaging in sexual activity. The defendant subsequently uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, the defendant possessed child pornography on his computer.
The defendant faces between 25 and 50 years in prison and a $250,000 fine for the sexual exploitation of children, between 15 and 40 years in prison and a $250,000 fine on the distribution charge, and between 10 and 20 years in prison and a $250,000 fine on the possession charge. He faces an enhanced sentence because he has a prior federal conviction for possession of child pornography. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the FBI, the Old Town, Orono and Bangor Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. 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.
Old Town Man Pleads Guilty to Distribution and Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Kenneth McLay, 46, of Old Town, Maine, pleaded guilty today in U.S. District Court to distribution and possession of child pornography.
According to court records, the defendant obtained sexually explicit videos of a minor from the internet and uploaded some of these videos to a pornographic website that could be accessed by the general public. In addition, he possessed child pornography on his computer.
The defendant faces between 15 and 40 years in prison and a $250,000 fine on the distribution charge and between 10 and 20 years in prison and a $250,000 fine on the possession charge. He faces enhanced sentences because of a prior federal conviction for possession of child pornography. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the FBI, the Old Town, Orono, and Bangor Police Departments, the Penobscot County Sheriff’s Office, and the Maine State Police Computer Crimes Unit. 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. 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.
South Portland Man Pleads Guilty to Bank Robbery ConspiracyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Waddah Siedahmed, 23, of South Portland, Maine, pleaded guilty yesterday in U.S. District Court to conspiracy to commit bank robbery.
According to court records, on November 17, 2017, the defendant and another person agreed to rob a Key Bank branch in Portland. That afternoon, the other person entered the Key Bank branch wearing a black sweatshirt, black gloves, black glasses, dark colored jeans, and what appeared to be a long black wig. The other person also carried and used what appeared to be a firearm and absconded with $1,721. Following the robbery, the defendant received a share of the stolen money. Within hours of the robbery, police located the defendant and recovered from him some of the stolen money.
The defendant faces up to five years in jail, a $250,000 fine, and restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the Portland Police Department and the FBI’s Southern Maine Gang Task Force which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Drug Enforcement Administration; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
Scarborough Woman Sentenced to Two Years for Embezzlement and Social Security FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Carrie Caporino, 46, of Scarborough, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to two years in prison and three years of supervised release for embezzling from two health care providers and for using the social security number of another person. She was also ordered to pay $549,468.80 in restitution. She pleaded guilty on April 30, 2018.
According to court records, between 2014 and November 2016, the defendant worked as the office manager for a southern Maine dental practice and embezzled over $293,000 by using office credit cards for personal expenses, using the office checkbook to pay rent and other personal expenses, and by making internet transfers from an office bank account to pay a personal credit card and her PayPal account.
Between December 2016 and 2017, the defendant was the office manager for a Falmouth physician and embezzled more than $255,000 from his practice by stealing checks mailed to the office by patients and insurance companies and then mobile depositing them to her own bank accounts using her smart phone.
In January 2014, the defendant fraudulently used the social security number of an individual living in southern Maine on a health insurance application.
In announcing her sentence, Judge Woodcock told Caporino that it takes a special kind of dishonesty to steal from someone who hired you and paid you to do a job. In effect, he said, her victims “paid her to steal from them.” He also found it particularly reprehensible that she victimized a dentist and a doctor. He stated that the defendant’s actions resulted in a “catastrophic victimization of two fine gentlemen who dedicated their lives to helping others.”
Both employers are now closed.
This case was investigated by the FBI and the Social Security Administration, Office of Inspector General.
Florida Residents Sentenced for Credit Card Fraud OffensesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alejandro Caal, 46, of Tampa, Florida; Adrian Teruel, 26, of Orlando, Florida; and Olga Valido, 52, of Kissimmee, Florida, were sentenced today in U.S. District Court by Chief Judge Nancy Torresen for access device fraud and conspiracy to commit access device fraud. Caal was sentenced to 10 months in prison, Teruel was sentenced to 1 year, and Valido was sentenced to nine months. The defendants were also ordered to serve three years of supervised release upon their release from prison. The defendants pleaded guilty on January 3.
Court records show that between October 2016 and March 2017, the defendants used stolen credit and debit card numbers belonging to Maine residents to fraudulently purchase merchandise and gift cards at Maine stores.
A fourth defendant, Zulairam Ramos, pleaded guilty on January 3 and is scheduled to be sentenced on December 4.
The case was investigated by the Falmouth, Augusta, Scarborough, South Portland and Winthrop Police Departments, the Cumberland County Sheriff’s Office, and the U.S. Secret Service
Oxford County Woman Convicted of ArsonRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Jaymi Hutchins, 31, formerly of Gilead, Maine and Rochester, New Hampshire, pleaded guilty today in U.S. District Court to maliciously damaging and destroying property used in interstate commerce by fire.
Court records reveal that on October 25, 2016, Hutchins intentionally set a fire inside a vehicle in the parking lot of a vehicle towing, recovery, repair and sales business located in Lebanon, Maine. The fire destroyed three vehicles, including a commercial wrecker. Hutchins was apprehended following a two-day investigation which revealed, among other evidence, that she had stolen a vehicle from the business which she crashed and abandoned.
The defendant faces between five and 20 years in prison and a $250,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Maine State Fire Marshal’s Office; the York and Oxford County Sheriff’s Offices; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Vinalhaven Man Convicted of Making Interstate ThreatsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Eric Malmstrom, 40, of Vinalhaven, Maine, was convicted yesterday following a one-day jury trial in U.S. District Court of transmitting threatening interstate communications.
The evidence at trial revealed that on three occasions in February and March, Malmstrom placed telephone calls to an employee of the Swedish embassy in Washington, D.C., threatening to slit the employee’s throat. Between September 2017 and March 2018, Malmstrom placed hundreds of calls to the embassy and to the employee.
Malmstrom faces up to five years in prison, a $250,000 fine and up to three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
“Threats made against public officials, whether those of the United States or of foreign governments serving their citizens in this country, cannot be taken lightly,” said U.S. Attorney Frank. “People who make such threats should expect to be caught, charged and prosecuted.”
“The Diplomatic Security Service is firmly committed to ensuring the safety and security of foreign diplomats in the United States,” said Bart Brown, director of DSS’s Office of Protective Intelligence Investigations. “This case is the result of a joint DSS investigation with the U.S. Secret Service and the Knox County Sheriff’s Department.”
Turner Man Charged with Illegal Firearm/Silencer Possession and Marijuana TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Andrew Waite, 29, of Turner, Maine, was charged by indictment in U.S. District Court with illegal possession of a firearm in relation to a drug trafficking crime, illegal possession of a silencer without a serial number that was not registered to him, and possession with intent to distribute marijuana.
According to a criminal complaint, the charges arose from an investigation into a drug trafficking organization located in Turner that is alleged to have grown and distributed large quantities of marijuana in violation of federal law, and under the cover of, but in violation of, Maine’s Medical Marijuana program. In February 2018, federal, state and local law enforcement agents executed over 20 search warrants in the Lewiston-Auburn area. The defendant’s Nezinscott Drive residence was searched. Agents seized about 100 pounds of marijuana, a loaded 9mm pistol, a 7.62mm x 39 pistol, a drum magazine, ammunition, a silencer and more than $150,000, much of which was stacked in $5,000 increments. Agents also seized a Ferrari pursuant to a seizure warrant on the basis that it was forfeitable as proceeds of drug trafficking, facilitated drug trafficking, or was involved in money laundering offenses.
If convicted, the defendant faces between five years and life and a $250,000 fine on the firearm charge, up to five years and a $250,000 fine on the drug charge, and up to 10 years and a $250,000 fine on the silencer charge.
The defendant was arrested on July 18 in North Carolina and is scheduled to make his initial appearance in U.S. District Court in Portland today at 3:30 p.m.
The investigation is being conducted by the U.S. Drug Enforcement Administration; the Internal Revenue Service, Criminal Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the FBI; the Maine State Police; and the Lewiston, Auburn, Windham, Biddeford and Scarborough Police Departments.
A criminal complaint and an indictment are merely accusations, and a defendant is presumed innocent unless proven guilty in a court of law.
Two Biddeford Men Indicted for Hate Crime AssaultRead the Press Release
Portland, Maine: Acting Assistant Attorney General John Gore and United States Attorney Halsey B. Frank today announced that Maurice Diggins, 34, and Dusty Leo, 27, both of Biddeford, Maine, were indicted by a federal grand jury in the District of Maine for conspiracy to violate and for violating the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act, by assaulting an African-American man.
According to the indictment, on about April 15, Diggins and Leo willfully caused bodily injury to an African-American man in the parking lot of a 7-Eleven convenience store in Biddeford, targeting the victim because of his race. The indictment alleges that the defendants drove a truck into the 7-Eleven parking lot at a high rate of speed as the victim walked across the lot. Diggins got out of the truck, repeatedly called the victim a racial slur, blocked his entry into the store, and circled him, turning the victim’s back to the truck. According to the indictment, Leo got out of the truck, walked up behind the victim, and struck him forcefully in the head. It is alleged that as the victim ran away, the defendants followed him in the truck, continuing to shout racial epithets.
If convicted, Diggins and Leo face up to 10 years in prison and a $250,000 fine on the hate crime charge, and five years in prison and a $250,000 fine on the conspiracy charge.
Diggins and Leo were arrested on Friday and made their initial appearances in U.S. District Court in Portland today.
The case was investigated by the Biddeford Police Department and the FBI. It is being prosecuted by Assistant United States Attorney Sheila W. Sawyer of the District of Maine and Trial Attorney Timothy Visser of the Civil Rights Division of the Department of Justice.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Ludlow Man Pleads Guilty to Firearms ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Richard R. Hemingway, 22, of Ludlow, Maine, pleaded guilty today in U.S. District Court to providing false information to a federal firearms licensee (“FFL”) and filling out a false Firearms Transaction Record during the purchase of two firearms. Hemingway was indicted in June 2018.
According to court records, on October 4, 2017, Hemingway purchased a Windham Weaponry ‘WW-15’ .300BLK caliber AR-15 style rifle and a Sig Sauer ‘MCX’ .300BLK caliber AR-15 style rifle from an FFL. In doing so, he completed a Firearms Transaction Record form in which he falsely reported that he was the actual purchaser of the firearms. In fact, Hemingway was buying the firearms for another individual.
Hemingway faces up to 10 years in prison and a $250,000 fine for making false statements to an FFL and up to five years in prison and a $250,000 on the false record charge. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives and was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Justice Department, DEA Propose Significant Opioid Manufacturing Reduction in 2019Read the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that the Department of Justice and U.S. Drug Enforcement Administration (DEA) have proposed a reduction for controlled substances that may be manufactured in the U.S. next year. Consistent with President Trump’s “Safe Prescribing Plan” that seeks to “cut nationwide opioid prescription fills by one-third within three years,” the proposal decreases manufacturing quotas for the most six frequently misused opioids for 2019 by an average ten percent as compared to the 2018 amount. The Notice of Proposed Rulemaking (NPRM) marks the third straight year of proposed reductions, which help reduce the amount of drugs potentially diverted for trafficking and used to facilitate addiction.
On July 11, 2018, the Justice Department announced that DEA was issuing a final rule amending its regulations to improve the agency’s ability consider the likelihood of whether a drug can be diverted for abuse when it sets annual opioid production limits. The final rule also promotes greater involvement from state attorneys general, and today’s proposed reduction will be sent to those offices.
In setting the aggregate production quote (APQ), DEA considers data from many sources, including estimates of the legitimate medical need from the Food and Drug Administration; estimates of retail consumption based on prescriptions dispensed; manufacturers’ disposition history and forecasts; data from DEA’s own internal system for tracking controlled substance transactions; and past quota histories.
The DEA has proposed to reduce more commonly prescribed schedule II opioids, including oxycodone, hydrocodone, oxymorphone, hydromorphone, morphine, and fentanyl:
Aggregate Production Quota for Opioids (grams)
2016
2017
2018
2019
(proposed)
Overall
Fentanyl
2,300,000
1,350,000
-41%
1,342,320
-1%
1,185,000
-12%
-48%
Hydrocodone (for sale)
86,000,000
51,900,000
-40%
50,348,280
-3%
44,710,000
-11%
-48%
Hydromorphone
7,000,000
5,140,800
-27%
4,547,720
-12%
4,071,000
-10%
-42%
Morphine (for sale)
62,500,000
35,000,000
-44%
33,958,440
-3%
31,450,000
-7%
-50%
Oxycodone (for sale)
139,150,000
101,500,000
-27%
95,692,000
-6%
85,578,000
-11%
-38%
Oxymorphone (for sale)
6,250,000
3,600,000
-42%
3,395,280
-6%
2,880,000
-15%
-54%
Overall Decline:
303,200,000
198,490,800
-35%
189,284,040
-5%
169,874,000
-10%
-44%
Ultimately, revised limits will encourage vigilance on the part of opioid manufacturers, help DEA respond to the changing drug threat environment, and protect the American people from potential addictive drugs while ensuring that the country has enough opioids for legitimate medical, scientific, research, and industrial needs.
"The opioid epidemic that we are facing today is the worst drug crisis in American history," Attorney General Jeff Sessions said. "President Trump has set the ambitious goal of reducing opioid prescription rates by one-third in three years. We embrace that goal and are resolutely committed to reaching it. According to the National Prescription Audit, we have already made significant progress in reducing prescription rates over the past year. Cutting opioid production quotas by an average of ten percent next year will help us continue that progress and make it harder to divert these drugs for abuse. The American people can be confident that federal law enforcement and the Trump administration are taking action to protect them from dangerous drugs. These smarter limits bring us one big step closer to President Trump's goal of finally ending this unprecedented crisis. I congratulate Acting Administrator Uttam Dhillon and his team for taking action.”
“We’ve lost too many lives to the opioid epidemic and families and communities suffer tragic consequences every day,” said DEA Acting Administrator Uttam Dhillon. “This significant drop in prescriptions by doctors and DEA’s production quota adjustment will continue to reduce the amount of drugs available for illicit diversion and abuse while ensuring that patients will continue to have access to proper medicine.”
“In 2016, Maine implemented regulations limiting the amount of opioid pain medication that doctors could prescribe and requiring prescribing doctors to check an online database to ensure that patients were not doctor shopping,” said U.S. Attorney Frank. “The Department of Justice and DEA are helping in that effort by limiting the amount of opioids produced. It is yet another component of the collective effort required to combat the opioid crisis.”
Once the aggregate quota is set, DEA allocates individual manufacturing and procurement quotas to those manufacturers that apply for them. DEA may revise a company’s quota at any time during the year if change is warranted due to increased or decreased sales or exports, new manufacturers entering the market, new product development, or product recalls.
When Congress passed the Controlled Substances Act, the quota system was intended to reduce or eliminate diversion from “legitimate channels of trade” by controlling the quantities of the basic ingredients needed for the manufacture of controlled substances.
The Proposed Aggregate Production Quotas for schedule I and II controlled substances published in the Federal Register reflects the total amount of controlled substances necessary to meet the country’s medical, scientific, research, industrial, and export needs for the year and for the establishment and maintenance of reserve stocks. DEA establishes an APQ for more than 250 schedule I and II controlled substances annually.
In 2016, the Centers for Disease Control and Prevention issued guidelines to practitioners recommending a reduction in the prescribing of opioid medications for chronic pain. DEA and its federal partners have increased efforts in the last several years to educate practitioners, pharmacists, manufacturers, distributors, and the public about the dangers associated with the misuse of opioid medications and the importance of proper prescribing.
Searsmont Man Pleads Guilty to Firearms ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Mark White, 28, of Searsmont, Maine, pled guilty today in U.S. District Court to providing false information during the purchase of two firearms.
According to court records, on January 31, 2017, White sought to purchase a Smith and Wesson .40 caliber pistol from a federally licensed firearms dealer. In doing so, he completed a Firearms Transaction Record form in which he falsely reported that he was the actual purchaser of the firearm. On February 6, 2017, White began the purchase of a Glock 9 millimeter pistol from the same federally licensed dealer, again claiming he was the actual purchaser of the firearm. White completed the purchase of each firearm after a background check. On both occasions, White was actually buying the firearms for another individual.
White faces up to 10 years in prison, a $250,000 fine, and three years of supervised release. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the Massachusetts State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Mexican Man Pleads Guilty to Unlawfully Re-Entering the United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Benigno Godinez-Cortez, 45, of Ahuacuotzingo, Guerrero, Mexico, pleaded guilty today in U.S. District Court to unlawfully re-entering the United States after being deported.
According to court records, on July 10, 2018, the defendant entered the United States illegally from Canada by crossing a railroad trestle near Calais. U.S. Border Patrol agents located the defendant shortly after he entered. He is a citizen of Mexico who had been deported after his arrest in 1994 on immigration charges and did not have immigration documents allowing him to enter.
The defendant faces up to two years in prison and a $250,000 fine. He will be sentenced after completion of a presentence report by the U.S. Probation Office.
The investigation was conducted by the U.S. Border Patrol and U.S. Customs and Border Protection.
Lincoln Man Sentenced to 20 Years for Possessing and Viewing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Derrick Coffin, 36, of Lincoln, Maine, was sentenced yesterday in U.S. District Court by Judge John A. Woodcock Jr. to 20 years in prison and supervised release for life for possessing child pornography and accessing child pornography with the intent to view it. He was also ordered to pay $13,000 in restitution. Coffin pleaded guilty on March 12, 2018.
According to court records, on March 18, 2016, Coffin possessed hundreds of child pornography images on his laptop computer that were discovered during a probation check at his home. Coffin was subject to an enhanced sentence due to a prior conviction for gross sexual assault.
The investigation was conducted by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Lincoln and Bangor Police Departments, the State of Maine Probation & Parole Office, and the Maine State Police and 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. 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.
Guatemalan Man Pleads Guilty to Being in the United States IllegallyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Victor Yobany Archila-Rojas, 28, of Guatemala, pleaded guilty today in U.S. District Court to entering the United States after having been removed and deported.Court records reveal that on July 29, 2018, the defendant entered the United States from Canada in Sandy Bay Township, Maine at a location not designated for entry. U.S. Border Patrol agents located the defendant shortly after he entered. He is a citizen of Guatemala and had been removed from the United States in 2013.
The defendant faces up to two years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the U.S. Border Patrol.
Australian Woman Pleads Guilty to Encouraging and Inducing Illegal EntryRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Sarah Louise Branch, 37, of New South Wales, Australia pleaded guilty today in U.S. District Court to encouraging and inducing the entry of an illegal alien into the United States.
According to court records, on July 10, 2018, U.S. Customs and Border Protection agents searched the vehicle the defendant was driving when she sought admission to the United States at a Port of Entry in Calais, Maine and discovered a Mexican passport, male clothing and photographs of a male, later identified as Benigno Godinez-Cortez. The defendant admitted that she dropped her boyfriend, Godinez-Cortez, off in Canada near the U.S. border knowing that he was a citizen of Mexico and would not be admitted into the United States and that she intended to pick him up after he entered the United States illegally.
She faces up to five years in prison and a $250,000 fine. She will be sentenced after completion of a presentence investigation report by the U.S. Probation Office. Godinez-Cortez pled guilty today in U.S. District Court to unlawfully re-entering the United States and awaits sentencing.
The investigation was conducted by U.S. Customs and Border Protection.
U.S. Attorney OpEd--Maine Voices: Prosecution Must Remain Weapon in the War Against Opioid TraffickingRead the Press Release
https://www.pressherald.com/2018/08/09/maine-voices-prosecution-must-remain-weapon-in-the-war-against-opioid-trafficking/
U.S. Attorney OpEd--Prosecutors Serve a Vital Role in Combatting the Opioid EpidemicRead the Press Release
http://bangordailynews.com/2018/08/07/opinion/contributors/prosecutors-serve-a-vital-role-in-combating-the-opioid-epidemic/
Guatemalan Man Sentenced to Time Served for Illegal Entry into the United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Edwin Antonio Paiz-Morales, 27, of Guatemala, pleaded guilty today in U.S. District Court to illegally entering the United States and was sentenced by U.S. Magistrate Judge John C. Nivison to time served (ten days).
Court records reveal that on July 29, 2018, the defendant entered the United States from Canada in Sandy Bay Township, Maine at a location not designated for entry. U.S. Border Patrol agents located the defendant shortly after he entered. He is a Guatemalan citizen and did not have immigration documents allowing him to enter. He has been placed in removal proceedings.
He faced up to 180 days in prison and a $5,000 fine.
The investigation was conducted by the U.S. Border Patrol.
Massachusetts Man Convicted of Heroin Trafficking Conspiracy ChargeRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank, announced that Myron Crosby, Jr., a/k/a “Templer”, 54, of Springfield, Massachusetts, was convicted yesterday following a four-day jury trial in U.S. District Court of conspiracy to distribute and possess with the intent to distribute a kilogram or more of heroin.
The evidence at trial established that between August 2015 and January 2016, Crosby supplied between 60,000 and 80,000 bags of heroin (totaling more than a kilogram) from his operations in Hartford, Connecticut and Springfield, Massachusetts to co-conspirators from the Newport, Maine area who distributed the drugs in the Newport area.
The defendant faces between 10 years and life in prison, an $8,000,000 fine, and between eight years and life on supervised release.
The case was investigated by the U.S. Drug Enforcement Administration, with assistance provided by the Maine and Massachusetts State Police, and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Guatemalan Man Sentenced to Time Served for Illegal Entry into the United StatesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Henry Giovanny Paiz-Morales, 24, of Guatemala, pleaded guilty today in U.S. District Court to illegally entering the United States and was sentenced by U.S. Magistrate Judge John C. Nivison to time served (five days).
Court records reveal that on July 29, 2018, the defendant entered the United States from Canada in Sandy Bay Township, Maine at a location not designated for entry. U.S. Border Patrol agents located him shortly after he entered. He is a Guatemalan citizen and did not have immigration documents allowing him to enter. He has been placed in removal proceedings.
He faced up to 180 days in prison and a $5,000 fine.
The investigation was conducted by the U.S. Border Patrol.
Westbrook Man Pleads Guilty to Interfering and Attempting to Interfere with Commerce by RobberyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Travis Jonathon Card, 38, of Westbrook, Maine, pled guilty today in U.S. District Court to interfering and attempting to interfere with commerce by robbery. The charges arose from an investigation into eleven armed and attempted armed robberies in the greater Portland area in March and April, 2018.
According to court records, the defendant, brandishing what appeared to be a firearm, robbed the Riverton Gas Station, in Portland, on March 20; robbed the Lil’ Mart Gas Station, in Falmouth, on March 21; robbed Good Things Variety, in Westbrook, on March 22; robbed Express Mart, in Cumberland, on March 22; robbed the Daily Grind, in Westbrook, on March 24; attempted to rob China Taste, in Portland, on March 25; robbed Subway, in Westbrook, on March 26; attempted to rob Aroma Joe’s, in South Portland, on March 27; robbed China Eatery, in Old Orchard Beach, on March 29; robbed Gulf Mart, in Westbrook, on April 6; and attempted to rob Moby Dick Variety, in Old Orchard Beach, on April 11.
If convicted, Card faces up to 20 years in prison and a $250,000 fine for each robbery or attempt. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the FBI’s Southern Maine Gang Task Force, which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Portland, South Portland, and Lewiston Police Departments; in conjunction with the Westbrook, Falmouth, Cumberland, and Old Orchard Beach Police Departments.
Texas Man Sentenced to 10 Months for Making Interstate ThreatsRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Shea Ryan Estes, 41, previously of McKinney, Texas, was sentenced yesterday in U.S. District Court by Judge John A. Woodcock Jr. to 10 months in prison and three years of supervised release, including up to three months of community confinement, for transmitting threats in interstate commerce. Estes pleaded guilty on April 5, 2018.
According to court records, in the summer of 2017, the defendant, while living in Texas, made two threatening telephone calls to his ex-girlfriend, who was then in Maine. The calls were recorded on her answering machine. In the calls, the defendant threatened that he would “hunt” her down, that she was “next,” that she would “suffer, and that if he ever got back to Maine he would kill her current boyfriend, various members of her family, and “anyone that gets in my [expletive] way.”
The case was investigated by the FBI and the Cumberland County Sheriff’s Office.
Winter Harbor Man Pleads Guilty to Illegally Possessing a FirearmRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Timothy Daniel Davis, 61, of Winter Harbor, Maine, pleaded guilty yesterday in U.S. District Court to being a felon in possession of a firearm.
Court records reveal that in about June 2016, Davis possessed a shotgun while threatening another man. On May 15, 2017, Davis possessed a 12 gauge, double-barreled shotgun at his Winter Harbor apartment. Davis was prohibited from possessing firearms as a result of a 2010 armed assault with intent to murder conviction in Massachusetts.
Davis faces up to ten years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives as well as the Winter Harbor and Gouldsboro Police Departments.
New Jersey Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Newell Mowry, 66, of Paterson, New Jersey, was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to 10 years in prison and 10 years of supervised release for possessing child pornography. He was also ordered to pay $32,500 in restitution to four victims and a $5,000 special assessment to the Domestic Trafficking Victims’ Fund. Mowry pleaded guilty on March 21, 2018.
According to court records, in October 2017, as he reentered the United States from Canada, Mowry possessed a laptop computer containing numerous child pornography files that he downloaded from the internet including files that depicted children under the age of 12.
Mowry faced a mandatory minimum sentence of 10 years because of a 1999 conviction in New York for possessing child pornography.
The investigation was conducted by U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and prosecuted 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. 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.
Lewiston Man Indicted for Bank RobberyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keith Phillips, 57, of Lewiston, Maine, was charged by indictment in U.S. District Court with bank robbery.
According to court records, on June 6, 2018, Phillips entered Androscoggin Bank in Lewiston, approached a teller, passed a note that contained a demand for money and a threat of a gun, and absconded with $2,000.
If convicted, Phillips faces up to 20 years in prison and a $250,000 fine.
The case was investigated by the Lewiston Police Department; the FBI; the Southern Maine Gang Task Force, which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Portland, South Portland, and Lewiston Police Departments; and the Central Maine Violent Crime Task Force.
An indictment is merely an accusation, and a defendant is presumed innocent unless proven guilty in a court of law.
Bangor Woman Pleads Guilty to Maintaining a Drug-Involved PremisesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Sherri Chen, 55, of Hampden, Maine, pled guilty yesterday in U.S. District Court to maintaining a drug-involved premises for use and distribution of heroin and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Chen, in exchange for drugs, allowed her Hampden residence to be used for the use and distribution of crack and heroin.
Chen faces up to 20 years in prison term, a $500,000 fine, and three years of supervised release. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Baldwin Man Sentenced to Five Years for Possessing Stolen FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Aaron Dodd, 35, of Baldwin, Maine was sentenced today in U.S. District Court by Judge George Z. Singal to five years in prison for possession of stolen firearms. Dodd pled guilty on April 4, 2018.
According to court records, in March 2016, Maine State Police troopers seized four stolen firearms hidden by Dodd in Baldwin residences owned by family members.
In imposing the sentence, Judge Singal noted that the sentence was appropriate in light of Dodd’s extensive criminal history, which included seven prior burglary convictions.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, in conjunction with the Maine State Police and the Cumberland County Sheriff’s Office.
Boston Man Convicted of Crack ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Cuwan Merritt, 29, of Boston, Massachusetts, was convicted today following a two-day jury trial in U.S. District Court of possession with intent to distribute cocaine base, commonly known as “crack.”
On May 12, 2017, the defendant and Michael Artis travelled from Boston intending to sell crack in Lewiston. Law enforcement agents intercepted the vehicle in which they were traveling when they reached Auburn. A police dog alerted to the presence of narcotics on both men. Agents seized 57 pre-packaged .5g bags of crack from Artis and later seized crack that Merritt had secreted in his body.
Merritt faces up to 20 years in prison and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Artis pled guilty to the same charge on June 28, 2018 and awaits sentencing.
The investigation was conducted by the U.S Drug Enforcement Administration in conjunction with the Maine Drug Enforcement Agency, the Auburn and Lewiston Police Departments and the Maine State Police.
Hermon Woman Pleads Guilty to Heroin, Fentanyl and Crack Trafficking ConspiracyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Harli Wells, 29, of Hermon, Maine, pled guilty today in U.S. District Court to conspiring to distribute heroin, fentanyl and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Wells conspired with others to acquire heroin, fentanyl and crack in Waterbury, Connecticut and distribute the drugs in Penobscot County. Wells sold the drugs to customers and also delivered drugs to customers for other members of the conspiracy.
The defendant faces up to 20 years in prison, between three years and life on supervised release, and a $1,000,000 fine. She will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New York Man Sentenced to Nearly 12 Years for Furanyl Fentanyl and Crack TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Dejuan Rabb, also known as “Slim,” 36, of Brooklyn, New York, was sentenced yesterday in U.S. District Court by Judge George Z. Singal to 140 months in prison and six years of supervised release for distribution of furanyl fentanyl, a fentanyl analogue, and possession with intent to distribute, furanyl fentanyl and cocaine base, commonly known as “crack.” Rabb pled guilty on March 12, 2018.
Court records reveal that on August 30, 2017, Rabb distributed furanyl fentanyl to an individual working with police. The next day, after conducting a second purchase of furanyl fentanyl from Rabb’s co-conspirator, Donttey Collazo, agents searched two apartments used by Rabb and Collazo to distribute drugs and seized furanyl fentanyl, crack and $2,000.
In sentencing Rabb, Judge Singal noted: “fentanyl has eclipsed all other illicit substances in terms of its tragic impact on the population in this District.” On April 3, 2018, Judge Singal sentenced Collazo to 28 months in prison and three years of supervised release.
The investigation was conducted by the Maine Drug Enforcement Agency; the Lewiston and Auburn police departments; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Central Maine Violent Crimes Task Force, and was prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Nevada Man Sentenced to Five Years for Interstate StalkingRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Donald Cain, 49, of Henderson, Nevada, and formerly of Conroe, Texas, and Columbia, South Carolina, was sentenced today in U.S. District Court by John A. Woodcock Jr. to five years in prison and three years of supervised release for interstate stalking. He pled guilty on January 11, 2018.
According to the indictment and evidence introduced at the plea hearing, Cain was married in August 2014 to a resident of Aroostook County. When they met, he worked in Calais, Maine, but soon relocated to San Antonio, Texas. His wife remained in Maine. Between November 2014 and December 2015, the defendant used a telephone to call and send threatening text messages which caused substantial emotional distress to his wife.
In imposing the statutory maximum sentence, Judge Woodcock noted that Cain’s conduct was “utterly reprehensible” and constituted a “psychological assault” and that he had “never before seen a stalking crime of such length, intensity, vulgarity, scope, sophistication and impact.”
The investigation was conducted by the Houlton Police Department, the San Antonio, Texas Police Department, the Maine Computer Crimes Task Force and the FBI in Maine and South Carolina.
Bangor Man Pleads Guilty to Heroin and Crack Trafficking ConspiracyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Eric Tracy, 46, of Bangor, pled guilty today in U.S. District Court to conspiracy to distribute heroin and cocaine base, commonly known as “crack.”
According to court records, between January 2016 and February 2017, Tracy conspired with others to acquire heroin and crack in Waterbury, Connecticut and distribute the drugs in Penobscot County. Tracy sold the drugs to customers and also delivered drugs to customers for other members of the conspiracy.
The defendant faces up to 20 years in prison, between three years and life on supervised release, and a $1,000,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by the U.S. Drug Enforcement Administration and the Maine Drug Enforcement Agency and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Mexican Woman Sentenced to Time Served for Entering the U.S. After RemovalRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Idabeel Rios-Zendejas, 37, a citizen of Mexico, was sentenced today in U.S. District Court by Chief Judge Nancy Torreson to time served (81 days) for entering the United States after being removed or deported. Rios-Zendejas pled guilty on May 22, 2018.
According to court records, Rios-Zendejas unlawfully entered the United States, was ordered removed to Mexico in 2015, and left. She did not apply for permission to reenter the United States. On April 27, 2018, she was arrested in Clinton, Maine, after a Clinton Police officer stopped a vehicle in which he was a passenger. She admitted to U.S. Border Patrol that she reentered the United States without being inspected and without legal authority.
The investigation was conducted by the U.S. Border Patrol and the Clinton Police Department.
Mexican Man Sentenced to Time Served for Entering the U.S. After RemovalRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Fausto Rivera-Rivera, 37, a citizen of Mexico, was sentenced today in U.S. District Court by Chief Judge Nancy Torreson to time served (81 days) for entering the United States after being removed or deported. Rivera-Rivera pled guilty on June 21, 2018.
According to court records, Rivera-Rivera unlawfully entered the United States, was ordered removed to Mexico in 2013, and left. He did not apply for permission to reenter the United States. On April 27, 2018, he was arrested in Clinton, Maine, after a Clinton Police officer stopped a vehicle in which he was a passenger. He admitted to U.S. Border Patrol that he reentered the United States in Arizona in 2015 without being inspected and without legal authority.
The investigation was conducted by the U.S. Border Patrol and the Clinton Police Department.
County Ambulance, Inc. Agrees to Pay $16,776.74 to Settle Civil Health Care Fraud CaseRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that County Ambulance, Inc. (“County Ambulance”), of Ellsworth, has entered into a civil settlement agreement with the United States and the State of Maine in which it will pay $16,776.74 to resolve allegations that it submitted false claims to Medicare and MaineCare (Maine’s Medicaid program) from January 2015 through April 2016. MaineCare is primarily funded by the United States, which pays about two-thirds of all claims submitted to MaineCare.
According to a civil complaint filed today, County Ambulance used money paid to it by Medicare and MaineCare to pay the salary and benefits of a County Ambulance employee who previously had been excluded from Federal health care and the MaineCare programs. Federal health care programs may not pay for items or services furnished, ordered, or prescribed by excluded individuals or entities, including administrative and management services or salary. Prior to joining County Ambulance, the employee had been excluded after surrendering her license to practice as a pharmacy technician due to the diversion of controlled substances, but County Ambulance failed to check publicly available exclusion databases to determine if she was excluded. County Ambulance cooperated throughout the investigation.
The case was investigated by the U.S. Department of Health & Human Services, Office of Inspector General, and the Attorney General’s Office of the State of Maine. The civil action is docketed United States and the State of Maine v. County Ambulance Service, Inc., d/b/a County Ambulance, Inc., 1:18-cv-00280-JAW (D. Me.).
Massachusetts Man Sentenced to 15 Months for Passport FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Santana, 42, of Lowell, Massachusetts, was sentenced today in U.S. District Court by Judge Jon D. Levy to 15 months in prison and three years of supervised release for making a false statement in a passport application and aggravated identity theft.
According to court records, in October 2016, Santana, who was a citizen of the Dominican Republic and therefore ineligible to receive a U.S. passport, submitted a U.S. passport application falsely identifying himself as another individual. He presented a birth certificate and Maine driver’s license in the other individual’s name. When he was arrested in October 2017, he was in possession of several documents in the other individual’s name, including a Maine driver’s license, social security card and debit card.
The case was investigated by the U.S. Department of State, Diplomatic Security Service; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; the U.S. Postal Inspection Service; and the U.S. Marshals Service.
Attorney General Sessions Announces Operation Synthetic Opioid SurgeRead the Press Release
Portland, Maine: Attorney General Jeff Sessions and United States Attorney Halsey B. Frank today announced Operation Synthetic Opioid Surge (S.O.S.), a new program that seeks to reduce the supply of deadly synthetic opioids in high impact areas and to identify wholesale distribution networks and international and domestic suppliers.
As part of Operation S.O.S., the Department will launch an enforcement surge in ten districts with some of the highest drug overdose death rates, including the District of Maine. In Maine, in 2016, there were 376 drug-induced deaths; in 2017, there were 418 drug-induced deaths. In Cumberland County, a county with a population of about 280,000, in 2016, there were 78 drug-induced overdose deaths, including 68 opioid-related deaths; in 2017, there were 109 drug-induced overdose deaths, including 94 opioid-related deaths.
Each participating United States Attorney’s Office (USAO) will choose a specific county and prosecute every readily provable case involving the distribution of fentanyl, fentanyl analogues, and other synthetic opioids, regardless of drug quantity. The surge will involve a coordinated DEA Special Operations Division operation to insure that leads from street-level cases are used to identify larger scale distributors. Operation S.O.S. was inspired by a promising initiative of the United States Attorney’s Office in the Middle District of Florida involving Manatee County, Florida.
"When it comes to synthetic opioids, there is no such thing as a small case," Attorney General Sessions said. "In 2016, synthetic opioids killed more Americans than any other kind of drug. Three milligrams of fentanyl can be fatal--that's not even enough to cover up Lincoln's face on a penny. Our prosecutors in Manatee County, Florida have shown that prosecuting seemingly small synthetic opioids cases can have a big impact and save lives, and we want to replicate their success in the districts that need it most. This new strategy—and the new prosecutors who will help carry it out—will help us put more traffickers behind bars and keep the American people safe from the threat of these deadly drugs."
“As is much of the rest of the country, Maine is in the midst of a crisis in which people are dying from opioid overdoses at an alarming rate in large part due to the increasing availability and potency of synthetic opioids like fentanyl,” U.S. Attorney Frank said. “In addition, Maine is seeing more of the violence that too often attends drug use and property crimes, such as shoplifting, committed to fund drug habits. Addressing this crisis requires all segments of society to engage, and my office will continue to work with representatives of the prevention, treatment, and recovery communities. As the chief federal law enforcement officer in Maine, however, my primary responsibility is to enforce the law. I am grateful that the Department is giving us additional resources to do so in the area of synthetic drug enforcement. I am hopeful that we will be able to use those resources to reduce the supply of opioids that are coming from communities outside of Maine, killing Mainers, and causing untold collateral consequences. We are starting the effort in Cumberland County because it has the highest absolute number of overdose deaths of any county in Maine.”
In addition, the Organized Crime Drug Enforcement Task Forces (OCDETF) Executive Office will send an additional two-year term Assistant United States Attorney to each participating district to assist with drug-related prosecutions.
The ten participating districts are:
Northern District of Ohio
Southern District of Ohio
Eastern District of Tennessee
Eastern District of Kentucky
Southern District of West Virginia
Northern District of West Virginia
District of Maine
Eastern District of California
Western District of Pennsylvania
District of New Hampshire
In Manatee County, a county just south of Tampa with a population of about 320,000, overdoses and deaths skyrocketed in 2015 (780 overdoses/84 opioid related deaths) and 2016 (1,287 overdoses/123 opioid related deaths). In summer of 2016, local law enforcement reported frequent, street-level distribution of fentanyl and carfentanil for the first time.
To combat this crisis, the Middle District of Florida committed to prosecuting every readily provable drug distribution case involving synthetic opioids in Manatee County regardless of drug quantity. The effort resulted in the indictments of forty five traffickers of synthetic opioids. Further, from the last six months of 2016 to the last six months of 2017, overdoses dropped by 77.1% and deaths dropped by 74.2%. Overall, the Manatee County Sheriff’s Office went from responding to 11 overdoses a day to an average now of less than one per day.
Brunswick Man Sentenced to 10 Years for Illegally Possessing a Sawed-Off ShotgunRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Joshua Knight, 35, of Brunswick, Maine, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 10 years in prison and three years of supervised release for possession of a firearm by a felon. Knight pleaded guilty to the charge on January 5, 2018.
According to court records and evidence presented at the sentencing hearing, in August 2016, Knight possessed a Remington 12 gauge semi-automatic sawed-off shotgun at his Brunswick residence that he once held to the head of a girlfriend and threatened: “This is what it feels like right before you die.” Knight was prohibited from possession the firearm because he had prior Maine felony convictions for aggravated marijuana furnishing and operating under the influence with priors.
In imposing the statutory maximum sentence, Chief Judge Torresen said: “Your criminal history shows trends that are very disturbing… the things you have done are, frankly, heinous.”
The investigation was conducted by the Brunswick Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. This case was brought as part of Project Safe Neighborhoods (PSN), a program that has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions has made turning the tide of rising violent crime in a America a top priority. In October 2017, as part of a series of actions to address this crime trend, Attorney General Sessions announced the reinvigoration of PSN and directed all U.S. Attorney’s Offices to develop a district crime reduction strategy that incorporates the lessons learned since PSN launched in 2001.
Rangeley Man Sentenced to Two Years for Fentanyl DistributionRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Steven Butler, 25, of Rangeley, Maine, was sentenced today by U.S. District by Chief Judge Nancy Torresen to two years in prison and three years of supervised release for distribution of fentanyl.
According to court records, between March and June 2017, the defendant distributed fentanyl three times to a confidential informant in Rangeley.
The case was investigated by the U.S. Drug Enforcement Administration; the Franklin County Sheriff’s Office; the Bureau of Alcohol Tobacco Firearms and Explosives; the Maine State Police; and the Rangeley Maine Police Department, with assistance provided by the Maine Office of the Attorney General. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
New Vineyard Man Pleads Guilty to Gun and Drug ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Jordan Richard, 24, of New Vineyard, Maine, pleaded guilty today in U.S. District Court to conspiracy to distribute cocaine, heroin, fentanyl, and oxycodone and discharging a firearm during, in relation to, and in furtherance of, a drug trafficking crime.
According to court records, between January 2016 and September 2017, the defendant and others conspired to distribute cocaine, heroin, fentanyl, and oxycodone from the defendant’s residences in Rangeley and New Sharon, Maine. On July 28, 2016, the defendant shot and killed one of two men who came to his Rangeley residence to rob him. The second man fled the scene and was subsequently captured. Officers investigating the shooting discovered cocaine, heroin, fentanyl, oxycodone, cash, drug paraphernalia and the semiautomatic handgun used in the shooting in the residence.
The defendant faces up to 20 years in prison, three years supervised release, and a $1,000,000 fine on the drug charge. He faces a mandatory consecutive term of between 10 years and life in prison, five years of supervised release, and a $250,000 fine on the gun charge.
The case was investigated by the U.S. Drug Enforcement Administration; the Franklin County Sheriff’s Office; the Bureau of Alcohol Tobacco Firearms and Explosives; the Maine State Police; and the Rangeley Maine Police Department; with assistance provided by the Maine Office of the Attorney General. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Eastport Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Ryan Mumme, 46, of Eastport, Maine, pleaded guilty today in U.S. District Court to possession of child pornography.
According to court records, the defendant was interviewed by agents at his home and admitted that he had child pornography on his laptop computer. A subsequent forensic examination of the laptop revealed multiple images and videos of children under the age of twelve engaged in sexually explicit conduct.
The defendant faces up to 20 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The case was investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit, and the Eastport Police Department. 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. 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.