District of Maine
Press releases recorded for this federal judicial district.
Bangor Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that David Jack, 43, of Bangor, pleaded guilty today in U.S. District Court to possessing child pornography.
According to court records, in the summer of 2016, the defendant, while living in Bangor, used his cellular telephone to show images of children engaged in sexual activity to a 9-year-old girl. Shortly thereafter, detectives with the Bangor Police Department obtained a search warrant for the defendant’s home and seized two laptop computers and a cellular telephone. A forensic examination of those devices revealed over two thousand images of children, many of them prepubescent, 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 the Bangor Police Department and the U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Citizen of Honduras Sentenced to Time Served for Entering the United States after RemovalRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Carlos Martinez-Recarte, 38, a citizen of Honduras, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen, to time served (about four months) in prison for illegally entering and being found in the United States after having been removed. The defendant pleaded guilty on November 14, 2017.
Court documents reveal that on September 20, 2017, a Maine State Police (MSP) trooper stopped a van in Portland being operated in violation of state law and found seven occupants, five of whom appeared to be foreign nationals who could not produce identification documents. Immigration officials were called to the traffic stop and determined that the defendant had no immigration documentation and was in the country illegally. Immigration records showed that the defendant had been removed from the United States on two prior occasions, including, most recently, on November 1, 2013.
The case was investigated by the MSP and the U.S. Department of Homeland Security, Immigration and Customs Enforcement.
Citizen of Mexico Sentenced to Time Served for Entering the United States after RemovalRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Eliud Lopez-Baez, 32, a citizen of Mexico, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr., to time served (about two months) in prison for illegally entering and being found in the United States after having been removed. The defendant pleaded guilty to the crime on December 11, 2017.
Court documents reveal that on November 28, 2017, at about 7:50 a.m., U.S. Border Patrol agents found the defendant in a swamp in Hodgdon, Maine, a short distance from the international boundary. The defendant had no immigration documents and admitted that he was a citizen of Mexico. Immigration records showed that he had been removed from the United States in February 2017.
The case was investigated by the U.S. Border Patrol.
Augusta Woman Sentenced to Three Months for Stealing MailRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Amanda K. Wentzell, 26, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr., to three months in prison and three years of supervised release for stealing mail when she was a U.S. Postal Service (USPS) employee. She was also ordered to pay $510 in restitution. She pleaded guilty to the charge on May 10, 2017.
According to court documents, in February 2016, the defendant began working as a retail clerk in the post office in Temple, Maine. In July 2016, a Temple resident complained that his son had not received a prepaid debit card sent to him by U.S. mail. Investigation revealed that the defendant activated the debit card and used it to make two purchases totaling the $100 value of the debit card, she had been “rifling” mail, and between about April and August 2016, she took and opened several pieces of mail that were being processed by the post office. On August 9, 2016, the defendant resigned her USPS position.
The case was investigated by the Franklin County Sheriff’s Office and the USPS, Office of Inspector General.
Hawaii Man Pleads Guilty to Wire FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Jonathan F. Cowles, 46, of Honolulu, Hawaii, and formerly of Rowley, Massachusetts, pleaded guilty on Tuesday in U.S. District Court to wire fraud.
According to court records and evidence introduced at the plea hearing, between March and June 2014, the defendant used interstate wires to skim over $25,000 in commissions to which he was not entitled from his employer, Maine Coast Shellfish, LLC (Maine Coast), a lobster wholesaler located in York, Maine. As part of his fraudulent scheme, he also caused Maine Coast to ship about 50,000 lbs. of lobster worth about $360,000 to a customer in China whose true identity he concealed and for which Maine Coast was not paid.
Cowles faces up to 20 years in prison and a $250,000 fine. Under his plea agreement, Cowles has also agreed to pay Maine Coast almost $360,000 in restitution. He will be sentenced after completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Federal Bureau of Investigation and the York Police Department.
York Man Pleads Guilty to Making False Statements to a Federal AgentRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Mark Elkhorn, 58, of York, Maine pleaded guilty yesterday in U.S. District Court to making false statements to a federal law enforcement agent.
According to court records, in October of 2015, an individual provided information to law enforcement regarding Elkhorn unlawfully trapping animals on Petit Manan National Wildlife Refuge. The United States Fish and Wildlife Service investigated the matter. Based upon evidence obtained during the investigation, including evidence obtained during the execution of a federal search warrant, Elkhorn was charged with multiple misdemeanors in Maine state court and was issued a federal citation.
On December 11, 2016, Elkhorn sent a threatening text message from his cellular telephone to the individual who provided information to law enforcement about Elkhorn’s unlawful trapping activity. On January 6, 2017, in York, Maine, Elkhorn made false statements to a Federal Wildlife Officer about his involvement in the threatening text messages.
Elkhorn faces a maximum of five years in prison, up to three years of supervised release, and a fine of $250,000. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the United States Fish and Wildlife Service, the Federal Bureau of Investigation, and that Maine Department of Inland Fisheries & Wildlife.
Glenburn Man Sentenced to 100 Months in Prison for Unlawfully Possessing FirearmsRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that yesterday, United States District Judge John A. Woodcock sentenced Jonathan Gardiner, 31, of Glenburn, to 100 months in prison, followed by three years of supervised release, for unlawfully possessing firearms. Gardiner pleaded guilty to the charges on April 24, 2017.
According to court records, on November 13, 2014, Penobscot County Sherriff’s Office deputies went to Gardiner’s residence in Glenburn in response to the discharge of a firearm. Gardiner ran away from the deputies and disposed of a 9 mm pistol outside of the residence. Deputies entered the residence and located a 12-gauge sawed-off shotgun hidden above Gardiner’s bedroom. Forensic testing revealed that Gardiner’s DNA was on the trigger of the sawed-off shotgun and his fingerprints were on the sawed-off shotgun and on the pistol. Gardiner was prohibited from possessing firearms because of Maine felony convictions for burglary, aggravated assault, theft by unlawful use of property, and drug trafficking. In imposing sentence, Judge John Woodcock reviewed Gardiner’s extensive criminal history and noted that he had long been prohibited from possessing any firearms.
The investigation was conducted by the Penobscot County Sheriff’s Office, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Maine State Police Crime Laboratory. 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.
Waterville Man Sentenced to 10 Years for Possessing Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Darin Doe, 41, of Waterville, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 10 years in prison and 10 years of supervised release for possession of child pornography. He was also ordered to pay $5,000 in restitution. Doe pled guilty on July 12, 2017.
According to court records, on about November 4, 2015, Doe possessed over 7,000 computer files depicting images of child pornography. Many of these images, which he had purposely sought out and downloaded from the Internet, depicted the sexual exploitation of prepubescent girls under the age of 12. Doe was subject to a mandatory-minimum prison term of 10 years because of his 2002 federal conviction for receiving child pornography.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Maine State Police Computer Crimes Unit.
U.S. Attorney’s Office Collects $3,332,723.69 in Civil and Criminal Actions for U.S. Taxpayers in Fiscal Year 2017Read the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced today that the District of Maine collected $3,332,723.69 in criminal and civil actions in Fiscal Year (FY) 2017. Of this amount, $2,755,431.76 was collected in criminal actions and $577,291.93 was collected in civil actions.
Additionally, the District of Maine worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $283,936.46 in cases pursued jointly with these offices. Of this amount, $6,000 was collected in criminal actions and $277,936.46 was collected in civil actions.
Overall, the Justice Department collected just over $15 billion in civil and criminal actions in the FY 2017 ending September 30, 2017.
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims’ Fund, which distributes the funds to state victim compensation and victim assistance programs.
The largest civil collections were from affirmative civil enforcement cases, in which the United States recovered government money lost to fraud or other misconduct or collected fines imposed on individuals and/or corporations for violations of federal health, safety, civil rights or environmental laws. In addition, civil debts were collected on behalf of several federal agencies, including the U.S. Department of Housing and Urban Development, Health and Human Services, Internal Revenue Service, Small Business Administration and Department of Education.
Additionally, the U.S. Attorney’s office in Maine, working with partner agencies and divisions, collected $915,194 in asset forfeiture actions in FY 2017. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund are used to restore funds to crime victims and for a variety of law enforcement purposes.
New Hampshire Man Pleads Guilty to False Tax Refund ClaimRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Robert E. DeAngelis, 38, of Newington, New Hampshire, pled guilty to filing a false claim for a federal income tax refund for the 2014 tax year.
According to the charging document and evidence introduced at the plea hearing, DeAngelis filed a federal tax return claiming a refund of $31,615 to which he was not entitled, and the Internal Revenue Service issued a tax refund in that amount.
DeAngelis faces imprisonment of up to five years and a fine of up to $250,000, and payment of full restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Criminal Investigation division of the Internal Revenue Service.
Westbrook Man Convicted for SNAP and WIC Trafficking ConspiracyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Abdulkareem Daham, 22, of Westbrook, Maine, was convicted today following a three-day jury trial in U.S. District Court of conspiracy to defraud and to commit offenses against the United States. The charges arise out of the defendant’s employment at Ahram Halal Market on Forest Avenue in Portland.
The Supplemental Nutrition Assistance Program (“SNAP”) is a federal government program, formerly known as the Food Stamp Program, designed to raise the level of nutrition among low-income households. The Special Supplemental Nutrition Program for Women, Infants and Children (“WIC”) is a federal program that provides supplemental food, health care referrals and nutrition for certain low-income women, and to infants and children up to age five who were found to be nutritionally at risk.
According to court records, from 2011 through April 2016, the defendant conspired with his brother, Ali Ratib Daham, to give cash to customers at Ahram in exchange for SNAP or WIC benefits plus a fee, in violation of the rules of these programs and federal law. During that period, Ahram received over $4 million in SNAP and WIC receipts, at least $1.4 million of which were obtained illegally.
The defendant faces up to five 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. Ali Ratib Daham pleaded guilty on November 28, 2017 to SNAP and WIC trafficking conspiracy, money laundering and theft of federal MaineCare funds and awaits sentencing.
The case was investigated by the Federal Bureau of Investigation; the U.S. Department of Agriculture, Office of Inspector General; the Internal Revenue Service-Criminal Investigation; and the Maine Department of Health and Human Services, Fraud Investigation and Recovery Unit.
Texas Man Pleads Guilty to Interstate StalkingRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Donald Cain, 49, of Conroe, Texas, and formerly Columbia, South Carolina, pleaded guilty on Tuesday in U.S. District Court to interstate stalking.
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.
Cain faces up to five years in prison and a $250,000 fine. He will be sentenced after completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Houlton Police Department, the San Antonio, Texas Police Department, the Maine Computer Crimes Task Force and the Federal Bureau of Investigation in Maine and South Carolina.
Statement by U.S. Attorney Halsey B. Frank Regarding Federal Marijuana EnforcementRead the Press Release
I have received numerous inquiries from members of the media, government officials, and others seeking guidance from this office about its approach to enforcing the federal marijuana laws. Those laws make the production, distribution and possession of marijuana illegal based on its classification by Congress as a Schedule I Controlled Substance because Congress determined that it has a high potential for abuse and dependence and has no acceptable medical use.
As the chief federal law enforcement officer in this district, my job is to enforce federal law, not countermand it. While I have some discretion in how my office does so in any particular case, that discretion is guided by the Principles of Federal Prosecution of the Department of Justice (DOJ). Those principles include the interests of society, the public’s confidence in the criminal justice system, federal law enforcement priorities, the nature and seriousness of the offense, the deterrent effect of prosecution, the person's culpability in connection with the offense, their criminal history and willingness to cooperate in the investigation or prosecution of others, the interests of any victims, and the probable sentence or other consequences if the person is convicted, all in light of the DOJ’s and my office’s limited resources. I do not have the authority to categorically declare that my office will not prosecute a class of crime or persons.
Rather, we must proceed on a case-by-case basis, individually assessing each matter according to DOJ’s Principles and deciding whether to use our resources to pursue it. DOJ’s national priorities include the rule of law, national security and terrorism, immigration, violent crime and international gangs such as MS-13, the opiate crisis, supporting law enforcement, and promoting public confidence. In addition, our local priorities include domestic violence and guns, human trafficking, and elder fraud. We will work with our federal, state, local and tribal partners to focus on those who pose the greatest threat to the people and communities that we serve.
With respect to the prosecution of drug offenses, this office has prioritized the prosecution of cases involving the trafficking of opiates, cocaine, crack and similar hard drugs. We have also prosecuted large-scale marijuana distribution organizations and did so even while operating under the recently rescinded DOJ guidance. Prosecution of drug possession cases has not been a priority.
Florida Residents Plead Guilty to Credit Card Fraud ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alejandro Caal, 45, of Tampa, Florida; Zulairam Ramos, 30, of Orlando, Florida; Adrian Teruel, 26, of Orlando, Florida; and Olga Valido, 51, of Kissimmee, Florida, pleaded guilty on Wednesday in U.S. District Court to access device fraud and conspiracy to commit access device fraud.
Court records show that between October 2016 and March 2017, the defendants used stolen credit and debit card numbers to purchase merchandise and gift cards at Maine stores. Each of the defendants used stolen card numbers belonging to Maine residents to make fraudulent purchases in late 2016 and early 2017. Caal, Teruel and Valido were arrested on March 11, 2017, and initially charged in state court. All four defendants were charged federally in April 2017.
The defendants each face up to ten years in prison on the access device fraud charge and five years in prison on the conspiracy charge. They also face a $250,000 fine on each charge. The defendants have pleaded not guilty to aggravated identity theft charges, and a bench trial on those charges is scheduled for January 23, 2018. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The Falmouth Police Department was the lead investigative agency in this case. The case was also investigated by the Augusta, Scarborough, South Portland, and Winthrop police departments; the Cumberland County Sheriff’s Office and the U.S. Secret Service.
Florida Man Sentenced to Almost Three Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Juan Carlos Febles, 52, of Miami Gardens, Florida, was sentenced on Wednesday in U.S. District Court by Chief Judge Nancy Torresen to 34 months in prison and three years of supervised release for conspiracy to commit access device fraud and aggravated identity theft. He pleaded guilty on August 24, 2017.
Court records show that between about November 2015 and June 2016, the defendant and others used stolen credit and debit card numbers to purchase merchandise. In June 2016, as part of the conspiracy, the defendant and others traveled to Maine. On June 15, 2016, after a co-conspirator, Yaisder Herrera Gargallo, purchased merchandise at a Portland Walgreens using a stolen card number, store personnel notified the police and provided a license plate number. On June 16, 2016, the defendant purchased over $700 worth of merchandise at an Augusta Home Depot using a stolen card number belonging to a victim from Vassalboro.
On June 18, 2016, a Cumberland County Sheriff’s Office deputy stopped the vehicle in which the defendant and two other men were traveling. The stop led to their arrest and the discovery of merchandise, numerous fraudulent credit cards and a laptop computer. The laptop computer was later found to contain credit card numbers and related data.
Yaisder Herrera Gargallo was sentenced to 40 months in prison and three years of supervised release on November 14, 2017. The defendant’s other two co-defendants—Jose Castillo Febles and Meylisi Rueda—have pleaded guilty and await sentencing.
The case was investigated by the Cumberland County Sheriff’s Office, the Portland Police Department and the U.S. Secret Service.
Massachusetts Man Sentenced to Time-Served for Social Security FraudRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Apolonio Montes Garcia, 40, of Haverhill, Massachusetts, was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to time-served (about 2½ months) for social security fraud. Montes Garcia had been in custody since October 11, 2017. Montes Garcia pleaded guilty to the charge on November 14, 2017.
Court records reveal that on April 4, 2017, Montes Garcia attempted to gain entry to the Portsmouth Naval Shipyard in Kittery, Maine. At the time, Montes Garcia was working for a contractor doing repairs at the Shipyard. In order to gain entry, he was asked to provide identification. He presented Shipyard security personnel with a permanent resident card and a social security card, both bearing the same name that was not his. The social security card also bore a social security number that was not assigned to Montes Garcia.
This case was investigated by U.S. Immigration and Customs Enforcement – Enforcement Removal Operations, the U.S. Social Security Administration – Office of Inspector General, and the U.S. Naval Criminal Investigative Service
Windham Man Sentenced to Three Years on Child Pornography ChargeRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Matthew Miller, 52, of Windham, Maine, was sentenced yesterday in U.S. District Court by Judge George Z. Singal to three years in prison and ten years of supervised release for accessing with intent to view material containing images of child pornography. Judge Singal also ordered Miller to pay a $5,000 special assessment applicable to non-indigent individuals convicted of child exploitation offenses. Miller pleaded guilty to the offense on July 5, 2017.
According to court records, in September 2016, investigators from Homeland Security Investigations and the Maine State Police Computer Crimes Unit were investigating the exchange of child pornography over the internet. As part of the investigation, agents downloaded child pornography files from a computer that was making the files available. The computer was later determined to be at Miller’s residence in Windham. Investigators executed a search warrant at the residence, and found that Miller had been searching for and downloading child pornography to his computer using a peer-to-peer file-sharing network.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations and the Maine State Police Computer Crimes Unit.
Windham Man Sentenced to a Year and a Day for PerjuryRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Jason McGoldrick, 36, of Windham, Maine was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to a year and a day in prison and three years of supervised release for perjury. McGoldrick pleaded guilty on July 27, 2017.
Court records reveal that on November 10, 2016, McGoldrick was involved in an altercation in Portland’s Old Port District during which an individual fired three shots from a handgun at McGoldrick and a companion. During the ensuing investigation, agents sought to identify McGoldrick’s companion -- the other intended target. On December 1, 2016, McGoldrick lied to federal agents about the identity of his companion, giving the name of a deceased friend, instead. On December 13, 2016, McGoldrick repeated the lie when testifying before a federal grand jury investigating the shooting. On February 2, 2017, after being confronted by agents, McGoldrick admitted the true identity of his companion and said he lied in order to protect his friend.
U.S. Attorney Frank said: “Our judicial system depends on people testifying truthfully to a grand jury. It is a fundamental duty of citizenship. As this case demonstrates, the failure to do so can lead to very serious consequences.”
On November 21, 2017, Noor Mohammed, 26, of Roxbury Massachusetts, pleaded guilty to federal firearm charges arising out of the November 10, 2016 shooting and awaits sentencing.
The investigation was conducted by the Federal Bureau of Investigation and the Portland Police Department.
Auburn Man Convicted for Possession of a Firearm after a Conviction for a Misdemeanor Crime of Domestic ViolenceRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Willie Richard Minor, 58, of Auburn, Maine, was convicted today following a two-day jury trial in U.S. District Court of possession of a firearm after having been convicted of a misdemeanor crime of domestic violence.
Court records and trial evidence revealed that on June 14, 2010, Minor was convicted in Maine Superior Court of Assault. The victim of the assault was his wife at the time. As a result of that conviction, the defendant was prohibited from possessing firearms. On November 27, 2016, in an interview with the Auburn Police Department, the defendant admitted to having a gun and told the police he kept the gun in his apartment. The police subsequently searched his apartment pursuant to a warrant and found the gun Minor had described.
Minor faces up to 10 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 Auburn and Mechanic Falls Police Departments, the Maine State Police Crime Lab, and the Federal Bureau of Investigation.
Citizen of Mexico Pleads Guilty to Being in the United States After RemovalRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Eliud Lopez-Baez, 32, a citizen of Mexico, pleaded guilty today in U.S. District Court to being an alien who was found in the United States after having been removed and deported from the United States.
Court documents reveal that on November 28, 2017, at about 7:50 a.m., U.S. Border Patrol agents found the defendant in a swamp in Hodgdon, Maine, a short distance from the international boundary. The defendant had no immigration documents and admitted that he was a citizen of Mexico. Immigration records showed that he had been removed from the United States in February 2017.
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 case was investigated by the U.S. Border Patrol.
Fairfield Man Sentenced to Time Served for Illegally Possessing Firearms and AmmunitionRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Steven Lemieux, 54, of Fairfield, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to time served (over six months) for illegally possessing firearms and ammunition. He was also fined $5,000. Lemieux was convicted on June 15, 2017 following a two-day jury trial. He has been in federal custody since May 14, 2017.
Court records and trial evidence revealed that in December 2016, Lemieux possessed seven firearms and 784 rounds of ammunition. He was prohibited from possessing firearms and ammunition due to a 2006 federal felony conviction for providing false information to a federal firearm licensee.
The investigation was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives; and the Fairfield Police Department.
West Bath Man Sentenced to 14 Years for Distributing Heroin and FentanylRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Mickey Gilley, 35, of West Bath, Maine, was sentenced today in U.S. District by Chief Judge Nancy Torresen to 14 years in prison and three years of supervised release for distributing heroin and fentanyl. Gilley pleaded guilty on August 1, 2017.
Court records reveal that on September 20, 2016, the defendant distributed heroin and fentanyl to a former girlfriend. At the time of the distribution, the defendant was prohibited from having contact with her due to bail conditions imposed in a felony domestic violence case. After the defendant discovered she was non-responsive, he failed to call emergency personnel because, as he admitted, he feared being arrested for violating his bail conditions. The former girlfriend died as a result of using the drugs furnished by the defendant.
In imposing sentence, Chief Judge Torresen noted that the defendant chose his own liberty over the life of his former girlfriend.
U.S. Attorney Frank said: "This case combines two of the biggest challenges facing Maine – the illegal distribution of opiates and domestic violence. Heroin and fentanyl are deadly poisons that are killing Mainers in record numbers. The U.S. Attorney’s Office for the District of Maine is working closely with the Office of the Maine Attorney General to make the investigation and prosecution of these cases a priority. The investigation and prosecution of cases involving domestic violence has long been, and will continue to be a priority, as well.”
The investigation was conducted by the Maine Drug Enforcement Agency, the Sagadahoc and Lincoln County Sheriff’s Offices, and the Maine State Police.
Detroit Man Sentenced to a Year and a Day for Operating an Unlicensed Bitcoin BusinessRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Sal Mansy, 41, of Detroit, Michigan, and TV TOYZ, LLC, a Michigan corporation, were sentenced today in U.S. District Court for operating an unlicensed money-service business. Mansy was sentenced to a year and a day in prison and three years of supervised release. TV TOYZ, LLC was sentenced to three years of probation. The defendants were also ordered to forfeit about $118,000 worth of cash and bitcoin. Guilty pleas were entered on May 17, 2017.
According to court documents, between August 2013 and June 2015, Mansy bought and sold about $2.4 million worth of the virtual currency “Bitcoin” online for profit. Mansy funneled his Bitcoin transactions through the business bank account of TV TOYZ, a corporation he owned and operated. Mansy engaged in these Bitcoin transactions without registering his money-service business with FinCEN (the Financial Crimes Enforcement Network, a branch of the U.S. Treasury Department). It is against federal law for a money-service business to exchange or transfer Bitcoin without registering. Mansy was aware that he was required to register with FinCEN. A year-long investigation into Mansy’s activities culminated in June 2015 with a search of his Detroit residence and the seizure of about $118,000 worth of cash and bitcoin.
The investigation was conducted by the Portland, Maine and Detroit, Michigan offices of U.S. Immigration & Customs Enforcement’s Homeland Security Investigations; and the Saco Police Department.
New York Man Convicted of Heroin and Crack ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Carey Ackies, 36, of Jamaica, Queens, New York, was convicted today following a four-day jury trial in U.S. District Court of conspiracy to distribute heroin and 28 grams or more of cocaine base, commonly known as crack, and aiding and abetting the possession with the intent to distribute heroin and 28 grams or more of crack.
Court records and trial evidence revealed that on January 18, 2016, federal agents intercepted a drug courier getting off a bus in Portland with heroin and crack. The ensuing investigation revealed that the defendant was the source of the drugs. Four days later, DEA located and arrested the defendant in New York. A search of his Jamaica apartment resulted in the seizure of heroin and crack, a firearm, a money counter and other evidence of drug trafficking.
Ackies faces between ten years and life in prison and a $10,000,000 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 Drug Enforcement Administration in conjunction with U.S. Immigration & Customs Enforcement’s Homeland Security Investigations, the Maine State Police and the Lewiston Police Department, and investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Milestone Recovery, Inc. Agrees to Pay $4,519 to Settle Civil Health Care Fraud CaseRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that Milestone Recovery, Inc. (“Milestone”) has entered into a civil settlement agreement with the United States and the State of Maine in which it will pay $4,519.04 to resolve allegations that Milestone submitted false claims to MaineCare (Maine’s Medicaid program) from June 2015 through July 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, Milestone used money paid to it by MaineCare to pay the salary and benefits of a Milestone employee who previously had been excluded from Federal health care and the MaineCare programs. Federal health care programs may not pay, directly or indirectly, for items or services furnished, ordered, or prescribed by excluded individuals or entities. Prior to joining Milestone, the employee had been excluded after surrendering her nursing license for diverting Fentanyl and Oxycodone while employed as a nurse at a hospital. The employee disclosed the circumstances that caused her to surrender her nursing license in her Milestone employment application, but Milestone failed to check publicly available exclusion databases to determine if she was excluded.
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. Milestone Recovery, Inc., 2:17-cv-00466-GZS (D. Me.).
Georgia Man Sentenced to over 12 Years for Possessing Child Pornography and Failing to Register as a Sex OffenderRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that William Curtis Oliver, 53, of Dover-Foxcroft, Maine and formerly of Dougherty County, Georgia, was sentenced today in U.S. District by Judge John A. Woodcock, Jr. to 151 months in prison and 20 years of supervised release for possessing child pornography and failing to register as a sex offender. Oliver pleaded guilty to failing to register as a sex offender on December 13, 2016; he pleaded guilty to possessing child pornography on June 8, 2017.
Court records reveal that in January 2016, a detective with the Rosenberg, Texas police department who was affiliated with the Houston Internet Crimes Against Children Task Force, was monitoring certain internet sites. The detective was working in an undercover capacity and posing as a 14-year-old female child (“UC”). On January 27, 2016, the defendant wrote to the UC about traveling from Maine to see the UC and have sex. Over the next few weeks, the defendant sent several text messages to the UC. On about February 2, 2016, the defendant sent several images of prepubescent girls engaged in sexually explicit conduct to the UC.
The defendant has been in custody since his arrest on September 15, 2016, following a related investigation by federal and state authorities that revealed that the defendant had been convicted of child molestation in Georgia and had moved to Maine in December 2015 without complying with federal sex offender registry requirements.
In imposing sentence, Judge Woodcock said: “The need to protect the public from this defendant is clear.”
The investigation was conducted by the Rosenberg, Texas Police Department; the United States Marshal’s Service; Immigration and Customs Enforcement-Homeland Security Investigations; the U.S. Marshal’s Service, and the Dover-Foxcroft Police Department.
Connecticut Man Pleads Guilty to Robbery ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Seth J. Blewitt, 30, of Oakville, Connecticut pleaded guilty today in U.S. District Court to bank robbery and brandishing a firearm while committing a Hobbs Act robbery. The charges arose from the robberies of a TD Bank branch and a Dollar Tree store.
Court records reveal that on May 28, 2017, the defendant robbed a TD Bank branch in Bangor. He entered the bank, approached a teller, and said, “I’m actually robbing you. I want all of your money, no dye packs or GPS trackers.” He was wearing a black knit hat, sunglasses, gloves, and a plaid shirt. The teller complied and the defendant absconded with a bag of cash.
The next day, the defendant robbed the Dollar Tree store in Bangor with a shotgun. He was wearing a mask and sunglasses and he demanded that a cashier open the register. When the cashier said that she could not open the register, he struck the register with the shotgun. The cashier yelled for the manager and the manager opened the register and gave the defendant cash. The defendant absconded with the cash. The defendant’s wife, Cara J. Blewitt, served as the getaway driver for both robberies. Officers from the Bangor Police Department arrested the defendant and his wife within minutes of the Dollar Tree robbery.
The defendant faces between seven years and life in prison, a $250,000 fine and full restitution. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. Cara M. Blewitt pleaded guilty in U.S. District Court on October 11, 2017 to aiding and abetting the robberies and awaits sentencing.
The investigation was conducted by the Bangor Police Department; the Federal Bureau of Investigation; and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Boston Man Pleads Guilty to Illegally Possessing FirearmsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Keon Shine, 27, of Boston, Massachusetts, pled guilty yesterday in U.S. District Court to being a felon in possession of firearms.
According to court records, on April 8, 2017, Shine and Dane Mitchell travelled to Gray, Maine, where they rented firearms, purchased ammunition, and fired the weapons at a shooting range. Boston Police Department officers identified Shine, Mitchell and the shooting range from videos that were uploaded to Snapchat. Shine was prohibited from possessing firearms as a result of his three 2011 Massachusetts felony convictions for assault and battery with a dangerous weapon.
Mitchell pled guilty to the same charge on August 30, 2017.
Both Shine and Mitchell face up to 10 years in prison and a $250,000 fine. They will be sentenced after the completion of presentence investigation reports by the U.S. Probation Office.
The case was investigated jointly by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Boston Police Department’s Youth Violence Strike Force.
Justice Department Awards $525,569 to Maine Drug Enforcement Agency Through the Anti-Heroin Task Force ProgramRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that $525,569 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services through its Anti-Heroin Task Force Program (AHTF) was made to the Maine Drug Enforcement Agency. This grant is part of the new tools to address the opioid crisis announced today by Attorney General Jeff Sessions.
AHTF provides two years of funding directly to law enforcement agencies in states with high per capita levels of primary treatment admissions for heroin and other opioids. This funding will support the location or investigation of illicit activities related to the distribution of heroin or the unlawful distribution of prescription opioids.
Westbrook Man Pleads Guilty to SNAP and WIC Trafficking Conspiracy, Money Laundering and Theft of Government FundsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Ali Ratib Daham, 40, of Westbrook, Maine, pleaded guilty today in U.S. District Court to SNAP and WIC trafficking conspiracy, money laundering and theft of federal MaineCare funds. Daham was charged by indictment on April 24, 2017.
Court documents show that from 2011 to 2017, Daham owned the Ahram Halal Market in Portland. The Supplemental Nutrition Assistance Program (“SNAP”) is a federal program, formerly known as the Food Stamp Program, designed to raise the level of nutrition among low-income households. The Special Supplemental Nutrition Program for Women, Infants and Children (“WIC”) is a federal program that provides supplemental food, health care referrals and nutrition for certain low-income women, and to infants and children up to age five who were found to be nutritionally at risk. Ahram became a SNAP retailer in 2011 and a WIC retailer in 2012.
According to court records, from 2011 through April 2016, Daham conspired with others to give cash to customers at Ahram in exchange for SNAP or WIC benefits plus a fee, in violation of the rules of these programs and federal law. During that period, Ahram received over $4 million in SNAP and WIC receipts, at least $1.4 million of which were obtained illegally. Daham also laundered proceeds of the conspiracy and stole at least $39,000 in MaineCare benefits for himself and his family by underreporting his income and assets to the Maine Department of Health and Human Services (“Maine DHHS”).
“The defendant stole from programs designed to provide nutritional items to some of our most vulnerable community members – low income households, mothers, infants and children,” said U.S. Attorney Halsey B. Frank. “The defendant put his own financial profit above their needs. People who defraud these programs should expect to be brought to justice.”
“Mainers can take comfort knowing that our dedicated Fraud Investigation and Recovery Unit (“FIRU”) team is hard at work every day, ensuring state welfare benefits are going to the Mainers who need them most,” said Maine DHHS Commissioner Ricker Hamilton.
Daham faces up to five years in prison for conspiracy and ten years for theft of government funds, and a fine of up to $250,000 on each count. He faces up to 20 years in prison and a $500,000 fine for money laundering. In a plea agreement, Daham agreed to pay $1,446,372 in restitution, including $80,000 at or prior to sentencing, and agreed to the forfeiture of $80,814 in cash that was seized from him in 2016. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation; the U.S. Department of Agriculture, Office of Inspector General; the Internal Revenue Service-Criminal Investigation; and the Maine DHHS, FIRU.
Gorham Man Pleads Guilty to Possessing Child PornographyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Christopher Shepard, 31, of Gorham, Maine, pled guilty today in U.S. District Court to possessing child pornography.
According to court records, in April of this year, investigators from the Gorham Police Department executed a search warrant at Shepard’s Gorham apartment. Investigators seized his cellular telephone, which was later found to contain several images of a girl under the age of 12 engaged in sexually explicit conduct.
Shepard faces a sentence of up to 20 years in prison and a fine of up to $250,000. He also faces a supervised release term of between five years and life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Gorham Police Department and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations.
Massachusetts Man Sentenced to Probation for Failing to Pay Child SupportRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Daniel Shertzer, 30, of Fitchburg, Massachusetts, was sentenced today in U.S. District Court by Judge George Z. Singal to five years of probation for failure to pay child support. He was also ordered to pay $57,533.75 in restitution. Shertzer pleaded guilty on July 17, 2017.
According to court documents, Shertzer is the father of three minor children, as to whom he was ordered to pay child support in 2010, 2012 and 2013, respectively. Between March 2010 and January 2017 -- except for the period between May and June 2011 when he worked in Maine -- Shertzer has lived and worked in California, Massachusetts, and New Hampshire, but rarely made any voluntary payments toward his support obligations.
In pronouncing sentence, Judge Singal admonished Shertzer that he was totally irresponsible, that his victims were innocent and vulnerable children, and that the court would supervise him closely and send him to jail if he did not fulfill those support obligations. Judge Singal scheduled the matter for a status conference in six months to ensure that Shertzer did so.
The case was investigated by the Office of Inspector General for the U.S. Department of Health and Human Services
Lewiston Man Pleads Guilty to Receiving Child PornographyRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Nicholas T. Richard, 39, of Lewiston, Maine, pled guilty today in U.S. District Court to receiving child pornography.
According to court records, in February of this year, Richard used the internet and peer-to-peer file-sharing software to download child pornography images. Richard was at the Auburn Public Library when he downloaded the images using the library’s wireless internet connection. Investigators seized Richard’s laptop computer and other electronic devices from him at the library and obtained a search warrant for them. The laptop contained thousands of images and videos depicting child pornography and child erotica.
Richard faces an enhanced sentence of between 15 and 40 years in prison based on a prior federal child pornography conviction. He also faces a fine of up to $250,000, and supervised release of between five years and life. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit and the Auburn Police Department.
Justice Department Awards $500,000 to Three Maine Law Enforcement Agencies to Hire Community Policing OfficersRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that $500,000 in grant funding through the Department of Justice’s Office of Community Oriented Policing Services (COPS Office) COPS Hiring Program (CHP) was made to the Somerset County Sheriff’s Department ($250,000 for two officers), the Madawaska Police Department ($125,000 for one officer) and the Jay Police Department ($125,000 for one officer). These grants were part of $98,495,397 in grants announced today by Attorney General Jeff Sessions that were awarded to 179 law enforcement agencies across the nation, which allows those agencies to hire 802 additional full-time law enforcement officers.
“Cities and states that cooperate with federal law enforcement make all of us safer by helping remove dangerous criminals from our communities,” said Attorney General Jeff Sessions. “Today, the Justice Department announced that 80 percent of this year’s COPS Hiring Program grantees have agreed to cooperate with federal immigration authorities in their detention facilities. I applaud their commitment to the rule of law and to ending violent crime, including violent crime stemming from illegal immigration. I continue to encourage every jurisdiction in America to collaborate with federal law enforcement and help us make this country safer.”
CHP provides grant funding directly to state, local, and tribal law enforcement agencies to support hiring additional law enforcement officers for three years to address specific crime problems through community policing strategies.
In September, the Justice Department announced additional priority consideration criteria for FY2017 COPS Office grants. Applicants were notified that their application would receive additional points in the application scoring process by certifying their willingness to cooperate with federal immigration authorities within their detention facilities. Cooperation may include providing access to detention facilities for an interview of aliens in the jurisdiction’s custody and providing advance notice of an alien’s release from custody upon request. 143 of the 179 (80%) awarded agencies received additional points based on their certifications of willingness to cooperate with federal immigration authorities.
The COPS Office awards grants to hire community policing officers, develop and test innovative policing strategies, and provide training and technical assistance to community members, local government leaders, and all levels of law enforcement. Since 1994, the COPS Office has invested more than $14 billion to help advance community policing.
Former Wells Man Convicted of Child Sex Abuse ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that William Gaudet, 51, formerly of Wells, Maine, was convicted today following a four-day jury trial in U.S. District Court of transporting a minor interstate intending to engage in criminal sexual activity and interstate travel with the intent to engage in illicit sexual conduct.
According to court records and trial evidence, on two occasions during the summer of 2010, Gaudet traveled between Maine and Pennsylvania with an eight-year-old child intending to engage in sexual activity with her. On both occasions, he sexually assaulted the child. The investigation began in 2014 after the child reported the abuse. In 2012, Gaudet was convicted in New Hampshire Superior Court for sexually assaulting another minor in 2001 and 2005.
The defendant faces between 10 years and life in prison on the transportation charge and up to 30 years in prison on the travel charge. He also faces a $250,000 fine on each count. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
The investigation was conducted by the Biddeford, Gorham, Kennebunk, Wells, Wakefield (New Hampshire) and Pocono Township (Pennsylvania) Police Departments; the New Hampshire Correctional Facility; the Carroll County (New Hampshire) Attorney’s Office and the Federal Bureau of Investigation. 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 U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, 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.
Former New York Man Sentenced to 15 Months for Interstate Transportation of a Person for ProstitutionRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Donovan Miller, 30, formerly of Brooklyn, New York, was sentenced yesterday in U.S. District Court by Chief Judge Nancy Torresen to 15 months in prison and 5 years of supervised release for transporting an individual in interstate commerce with the intent that she engage in prostitution. He was also ordered to pay $500 in restitution to his victim.
Court records reveal that on March 29, 2014, Miller, the female victim, and a third person traveled from Portland to New York City by bus. Upon arriving in New York City shortly after midnight, Miller took the victim and the third person to a hotel, and introduced them to another woman he had known for a long time. Advertisements for the victim’s prostitution services thereafter were posted on Backpage.com under the phone number of Miller’s long-time acquaintance.
The District of Maine is one of six districts designated through a competitive, nationwide selection process as a Phase II Anti-Trafficking Coordination Team (ACTeam), through the interagency ACTeam Initiative of the Departments of Justice, Homeland Security and Labor. ACTeams focus on developing high-impact human trafficking investigations and prosecutions involving forced labor, international sex trafficking and sex trafficking by force, fraud or coercion through interagency collaboration among federal prosecutors and federal investigative agencies.
This case was investigated by the Federal Bureau of Investigation and the Westbrook Police Department.
Florida Man Sentenced to over Three Years for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Yaisder Herrera Gargallo, 24, of Miami, Florida, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 40 months in prison and three years of supervised release for conspiracy to commit access device fraud and aggravated identity theft. He pleaded guilty on June 19, 2017.
Court records show that between about November 2015 and June 2016, the defendant and others used stolen credit and debit card numbers to purchase merchandise. In June 2016, as part of the conspiracy, the defendant and others traveled to Maine. On June 14, 2016, the defendant purchased over $400 worth of merchandise at a Portland Walgreens using a stolen card number belonging to a victim from New Gloucester, Maine. The next day, after the defendant made another fraudulent purchase using a different card number at another Portland Walgreens, store personnel notified the police and provided a license plate number.
On June 18, 2016, a Cumberland County Sheriff’s Office deputy stopped the vehicle in which the defendant and three other men were traveling. The stop led to their arrest and the discovery of merchandise, numerous fraudulent credit cards and a laptop computer. The laptop computer was later found to contain credit card numbers and related data, including the stolen card number the defendant had used to make the fraudulent purchase on June 14, 2016.
The defendant’s three co-defendants—Jose Castillo Febles, Juan Carlos Febles and Meylisi Rueda—have pleaded guilty and await sentencing.
The case was investigated by the Cumberland County Sheriff’s Office, the Portland Police Department and the U.S. Secret Service.
Connecticut Man Sentenced to over Eight Years for Conspiring to Distribute OxycodoneRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Michael Vicente, 29, of Waterbury, Connecticut, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 100 months in prison and three years of supervised release for conspiring to distribute oxycodone. He pleaded guilty on June 1, 2017.
According to court records, between June 2013 and April 2015, Vicente supplied about 15,000 30 mg oxycodone tablets to conspirators who distributed them in Central Maine. Conspirators from Maine travelled to Connecticut on a weekly basis to obtain the drugs from Vicente. On April 16, 2015, law enforcement agents and officers executed search warrants at the Central Maine residences of two co-conspirators and seized oxycodone, other controlled substances, drug paraphernalia and firearms. Vicente was arrested after being identified as the source of the drugs.
The case was investigated by the U.S. Drug Enforcement Administration and the Somerset County Sheriff’s Department, with the assistance of the Waterville Police Department. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Norridgewock Man Pleads Guilty to Gun and Ammunition ChargesRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Vance Cayford, 46, of Norridgewock, Maine pleaded guilty Friday in U.S. District Court to being a felon in possession of ammunition and attempted possession of a firearm.
According to court records, on May 29, 2016, police officers went to the defendant’s Norridgewock residence to investigate a domestic disturbance. Soon after they arrived, the defendant ran towards one of the officers and attempted unsuccessfully to take the officer’s rifle. During a search of Cayford’s residence, officers recovered 92 rounds of .45-caliber ammunition. The defendant was prohibited from possessing ammunition and firearms because of previous Maine felony convictions for domestic violence assault and illegal possession of a firearm.
Cayford faces up to 10 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 Maine State Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Portland Man Sentenced to Seven Years for Drug TraffickingRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Mustafa Hassan, 34, of Portland was sentenced on November 1 in U.S. District Court by Judge Jon D. Levy to seven years in prison and four years of supervised release for conspiracy to distribute and possess with intent to distribute cocaine and 28 grams or more of cocaine base, commonly known as crack. The defendant was convicted following a jury trial on March 16, 2017.
Court records and trial evidence revealed that between January and March 2016, Hassan, Carlos Manuel Perez-Crisostomo a/k/a “Nelson Calderon,” and others trafficked in cocaine and crack in southern Maine. The two men were arrested on March 6, 2016, as law enforcement interrupted a pending drug transaction. A subsequent search warrant at Perez-Crisostomo’s residence revealed about 160 grams of crack and about 460 grams of cocaine.
On November 21, 2016, Perez-Crisostomo entered a guilty plea to the drug conspiracy charge. On September 7, 2017, he was sentenced to 121 months in prison.
The investigation was conducted by the Federal Bureau of Investigation (“FBI”) and the U.S Drug Enforcement Administration (“DEA”) in conjunction with the Southern Maine Gang Task Force, which is comprised of agents and officers from the FBI; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the DEA; U.S. Immigration and Customs Enforcement’s Homeland Security Investigations; and the Portland, South Portland, and Lewiston Police Departments.
Massachusetts Man Sentenced to Six Years for Distributing CrackRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Adam Williams, a/k/a “Pacman,” 37, of Worcester, Massachusetts was sentenced yesterday in U.S. District Court by Judge John A. Woodcock Jr. to six years in prison to be followed by three years of supervised release for distributing cocaine base, commonly known as crack. Williams pleaded guilty to the offense on April 6, 2017.
According to court records, on April 10, 2015, in Bangor, Williams sold crack to an individual working with law enforcement.
In imposing the sentence, Judge Woodcock noted that the defendant had three prior felony convictions in Massachusetts involving the distribution of controlled substances and that his conduct pending sentencing was “reprehensible.”
The investigation was conducted by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration.
New York Man Pleads Guilty to Selling Misbranded Animal Drugs Containing SteroidsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Alain Lamontagne, 55, of Middletown, New York, pleaded guilty today in U.S. District Court to introducing into interstate commerce misbranded animal drugs.
According to court documents, Lamontagne operated a New York business that sold dietary supplements, tack supplies and intravenous drugs for horses. The Federal Food, Drug and Cosmetic Act regulates the manufacturing and distribution of drugs intended for humans and animals. The law prohibits the introduction into interstate commerce drugs that are adulterated or misbranded. A misbranded drug is one that contains a label that is false or misleading.
In March and May of 2017, Lamontagne sold two bottles of intravenous horse drugs to an undercover Food and Drug Administration (FDA) agent who was posing as a Maine horse trainer. The drug bottles shipped to Maine by Lamontagne bore fictitious labels that listed no active ingredients and falsely represented that the drugs were manufactured by a real pharmacy in Ontario, Canada. The drugs were tested by the FDA laboratory and found to contain stanozolol, an anabolic steroid.
“Distributing misbranded and adulterated animal drugs containing steroids to increase the performance of racehorses endangers the health and safety of those animals,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA, Office of Criminal Investigations’ (OCI) New York Field Office. “We will continue to pursue and bring to justice those who subvert FDA’s requirements, which are designed to ensure, among other things, that animal drugs are safe and effective for their intended uses, as well as properly labeled.”
The defendant faces up to one year in jail and $100,000 fine on each of the two counts. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office.
This case was investigated by the FDA, OCI.
New York Man Indicted on Sex Trafficking and Drug ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Vincent Graham, a/k/a “Shawn” and “Mac,” 33, of Bronx, New York, was indicted yesterday by a grand jury and charged with sex trafficking, drug distribution and transporting individuals in interstate commerce intending that they engage in prostitution.
Graham faces between 15 years and life in prison on the sex trafficking charges, up to 20 years on the drug charges and up to 10 years on the transportation counts. He also faces fines of up to $250,000 on the sex trafficking and transportation counts and up to $1,000,000 on the drug counts.
The case was investigated by the Biddeford Police Department; the Maine Drug Enforcement Agency; U.S. Immigration & Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Federal Bureau of Investigation; as part of Maine’s Anti-Trafficking Coordination Team (ACTeam) Initiative, an interagency federal law enforcement initiative aimed at streamlining the investigation and prosecution of federal human trafficking offenses.
An indictment is merely an accusation and a defendant is presumed to be innocent unless proven guilty in a court of law.
Mercy Hospital Pays $1,514,000 to Settle False Claims Act AllegationsRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank today announced that Mercy Hospital (“Mercy”), of Portland, has entered into a civil settlement agreement with the United States and the State of Maine in which it will pay $1,514,000 to resolve allegations that it violated the federal and Maine False Claims Acts. See United States v. Mercy Hospital, 17-cv-00429-JAW (D. Me.).
The settlement resolves allegations that Medicare and MaineCare were overbilled for urinalysis drug screening tests ordered and performed at the former Mercy Recovery Center in Westbrook, Maine, from 2011 through 2013. In October 2013, Mercy and its affiliate, Mercy Recovery Center, were acquired by Eastern Maine Healthcare Systems (“EMHS”).
The allegation was that Mercy falsely used a billing modifier code to receive payment for multiple same-day urinalysis drug screening tests at Mercy Recovery Center that did not arise from separate, medically necessary encounters with the same patients on the same days. The urinalysis drug screening tests should have been bundled and billed as one claim per each single patient encounter. Instead, Mercy separately billed for the urinalysis drug screening tests on a per-test basis. As a result, Medicare and MaineCare overpaid Mercy on multiple claims.
Mercy cooperated with the investigation. In addition, Mercy and EMHS implemented enhanced internal compliance measures in response to the overbilling issue. Federal and state authorities encourage health care providers to cooperate with its investigations of the possible submission of improper claims to federal and state programs.
The case was investigated by the Office of Inspector General for the United States Department of Health and Human Services.
New York City Man Sentenced to over Two Years for Drug ConspiracyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Duval Grant, a/k/a “Val”, 25, of Bangor, was sentenced today in U.S. District Court by Chief Judge Nancy Torresen to 28 months in prison and three years of supervised release for conspiring to distribute and distributing heroin, cocaine base, commonly known as crack, and oxycodone.
According to court records, between January 2013 and September 2015, Grant conspired with others to distribute heroin, crack, and oxycodone in the Bangor area and elsewhere. After the drugs were obtained from out-of-state sources and transported back to Maine, Grant and others sold them to customers in the Bangor area. Grant was found to be responsible for distributing over 200 grams of heroin during the four-month period that he participated in the conspiracy.
Chief Judge Torresen varied the defendant’s sentence downward because, among other things, he faces deportation proceedings at the conclusion of his sentence.
The case was related to the prior prosecution of Mario Lee, a/k/a “Moe,” who was sentenced to 218 months imprisonment for his role in the conspiracy. The case was investigated by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
DEA Joins Local Law Enforcement Partners in Nationwide Take Back of Opioids and Other Prescription DrugsRead the Press Release
WASHINGTON – The Drug Enforcement Administration will join forces tomorrow with more than 4,000 local, tribal, and community partners at more than 5,000 collection sites to collect potentially dangerous expired, unused, and unwanted prescription drugs. The effort will help prevent these drugs, including opioids, from falling into the wrong hands and contributing to a lethal drug abuse epidemic in the United States.
On Saturday, Oct. 28, 2017, from 10:00 a.m. to 2:00 p.m. local time, individuals can take pills and other solid forms of medication at nearby collection sites (DEA cannot accept liquids, needles or sharps), which can be located at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
The DEA action comes just days after President Donald J. Trump announced the mobilization of his entire Administration to address drug addiction and opioid abuse by directing the declaration of a Nationwide Public Health Emergency to address the opioids crisis.
“Today the United States is facing the worst drug crisis in our history, as more Americans are dying from drug overdoses than ever before,” said Attorney General Jeff Sessions. “We lose one American life to drugs every nine minutes. This crisis affects every American, as it is filling up our emergency rooms, our foster homes, and our cemeteries.
“President Trump is right to make this issue a top priority for his administration, and his plan will make a difference for millions of Americans. It will help those suffering from addiction get the treatment they need and prevent many new addictions from starting in the first place. I commend him for recognizing the public health emergency that this is.”
“This Department of Justice is committed to doing its part to turn the tide. This year we have conducted the largest opioid-related health care fraud takedown in American history, charging some 120 defendants with opioid-related crimes. Since then I have taken additional steps to stop opioid-related fraud, creating a new data analytics team that can find evidence of overprescribing, and appointing 12 prosecutors to focus solely on this issue. I firmly believe that these steps will prevent drug abuse and addiction and save American lives.
“We will continue to do our part in this effort, prosecuting drug traffickers and those who exploit vulnerable people suffering from addiction, so that every American can be safe and live out their God-given potential."
On Oct. 17, the Justice Department announced the indictments of two Chinese nationals and their North American based traffickers and distributors for separate conspiracies to distribute large quantities of fentanyl and fentanyl analogues and other opiate substances in the United States. In July, the department announced the seizure of the largest criminal marketplace on the Internet, AlphaBay, which operated for over two years on the dark web and was used to sell deadly illegal drugs, including synthetic opioids like fentanyl, throughout the world. The international operation was led by the United States and involved cooperation with law enforcement authorities around the world.
In addition, DEA this week announced the formation of six new heroin enforcement teams in hard hit areas such as West Virginia, Ohio, North Carolina, New York and Massachusetts.
The Take-Back initiative by the DEA addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.Four Plead Guilty to Trafficking Heroin, Crack and OxycodoneRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Yanel Greene, a/k/a “Nel”, 37, of Brewer, Maine; and Syriane Baldwin, a/k/a “Del”, 31, and Quindell Smallwood, a/k/a “Queezo”, 37, both of Bangor; pleaded guilty today in U.S. District Court to conspiring to distribute and distributing heroin, cocaine base, commonly known as crack, and oxycodone. Alialin Doughty, a/k/a “Ally”, 38, of Old Town, Maine, pleaded guilty to maintaining drug-involved premises. All were charged by indictment on January 19, 2017.
According to court records, between January 2013 and September 2015, the group conspired with others to distribute heroin, crack and oxycodone in the Bangor area and elsewhere. Greene obtained the drugs from out-of-state sources and had them transported to Maine by other conspirators. Baldwin, Smallwood, Grant and other conspirators distributed the drugs to customers in the Bangor area. Doughty rented an apartment in Bangor that was used to facilitate drug trafficking.
Greene, Baldwin and Smallwood face up to 20 years in prison, a $1,000,000 fine and from three years to life on supervised release. Doughty faces up to 20 years in prison, a $500,000 fine and from three years to life on supervised release.
The case was related to the heroin conspiracy prosecution of Mario Lee, a/k/a “Moe,” who, on May 5, 2017, was sentenced to over 18 years in prison. On June 29, 2017, Duval Grant, a/k/a “Val”, 25, formerly of the Bronx, New York, pleaded guilty to the conspiracy charge and awaits sentencing.
The case was investigated by the Maine Drug Enforcement Agency and the U.S. Drug Enforcement Administration. This case was investigated and prosecuted as part of the Department of Justice’s Strategy to Combat the Opioid Epidemic.
Rockland Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
Portland, Maine: United States Attorney Halsey B. Frank announced that Adam Davis, 37, of Rockland, Maine, pled guilty today in U.S. District Court to illegally importing from China the synthetic opioid U-47700, also known as “Pink” or “U4,” and to illegally possessing a firearm while being a user of a controlled substance.
On November 14, 2016, the U.S. Drug Enforcement Administration listed U-47700 as a temporary Schedule 1 controlled substance on an emergency basis after it determined that the drug represented an imminent hazard to public safety.
On January 15, 2017, border agents intercepted a package from China which contained U-47700 that was destined for the defendant’s Rockland residence. On January 25, 2017, federal and state agents made a controlled delivery of the package to the defendant. The defendant was arrested after he accepted the package. The defendant admitted that he knew that the package contained U-47700 and that he ordered it from China. Agents also recovered a firearm while searching Davis’ apartment.
Davis is the first person convicted of a federal offense involving U-47700 in the District of Maine. He 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.
The case was investigated by U.S. Immigration & Customs Enforcement’s Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms and Explosives; the U.S. Postal Inspection Service and the Maine Drug Enforcement Agency.
DEA and local law enforcement partners take back unwanted prescription drugs October 28Read the Press Release
WASHINGTON – This Saturday, October 28, from 10 a.m. to 2 p.m. local time the federal Drug Enforcement Administration and its local law enforcement, community and tribal partners will give the public its 14th opportunity in seven years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs.
Individuals can take pills and other solid forms of medication to one of almost 5,000 collection sites manned by more than 4,000 partners nationwide. (DEA cannot accept liquids, needles or sharps.) They can find nearby collection sites at www.DEATakeBack.com or by calling 800-882-9539. The service is free and anonymous, no questions asked.
“Disposing of leftover painkillers or other addictive medicines in the house is one of the best ways to prevent a member of your family from becoming a victim of the opioid epidemic,” said DEA Acting Administrator Robert W. Patterson. “More people start down the path of addiction through the misuse of opioid prescription drugs than any other substance. The abuse of these prescription drugs has fueled the nation’s opioid epidemic, which has led to the largest rate of overdose deaths this country has ever seen.”
This initiative addresses a vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the U.S. are alarmingly high, as are the number of accidental poisonings and overdoses due to these drugs. Studies show that a majority of abused prescription drugs are obtained from family and friends, including from the home medicine cabinet. DEA launched its prescription drug take back program when both the Environmental Protection Agency and the Food and Drug Administration advised the public that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—posed potential safety and health hazards.
Last April the public turned in 450 tons (900,000 pounds) of prescription drugs at almost 5,500 sites operated by the DEA and more than 4,200 of its state and local law enforcement partners. Overall, in its 13 previous Take Back events, DEA and its partners have taken in over 8.1 million pounds—more than 4,050 tons—of pills.
Augusta Man Sentenced to 10 Years for Possession of Child PornographyRead the Press Release
Bangor, Maine: United States Attorney Halsey B. Frank announced that Joshua Harrison, 35, of Augusta, Maine, was sentenced today in U.S. District Court by Judge John A. Woodcock, Jr. to 10 years in prison to be followed by a lifetime of supervised release for possessing child pornography. Harrison pleaded guilty on December 15, 2016.
According to court records, in August 2015, law enforcement agents learned that child pornography had been located in the defendant’s email account. A search warrant was executed at the defendant’s Augusta residence and agents seized his laptop computer. Agents also seized a second computer belonging to the defendant from a local pawn shop. Forensic examination of these devices revealed multiple images of child pornography. During the search of his residence, the defendant also admitted that he obtained child pornography by email and a messaging application and that he met people in online chat rooms to obtain child pornography.
The case was investigated by U.S. Immigration & Customs Enforcement’s Homeland Security Investigations, the Maine State Police Computer Crimes Unit, and the Augusta Police Department.