Western District of Michigan
Press releases recorded for this federal judicial district.
Jury Convicts Lansing Man in International Identity Theft and Tax Refund SchemeRead the Press Release
GRAND RAPIDS, MICHIGAN — On Monday, September 17, 2018, a jury convicted Oghenevwakpo Igboba of one count of conspiracy to defraud the United States, one count of wire fraud, eight counts of making a false claim to the United States, and eight counts of aggravated identity theft. Igboba used other individuals’ personally identifying information to access tax information using an Internal Revenue Service website. He then took that sensitive tax and personal information and used it to file false federal income tax returns directing the IRS to pay fraudulent refunds to bank accounts he controlled. Igboba now faces up to 20 years in prison on the wire fraud conviction, which was the most serious charge, and at least two years consecutive for the aggravated identity theft convictions. The conspiracy and false claims convictions carry up to ten and five years in prison, respectively.
"My office will aggressively prosecute those who undermine the functioning of Internal Revenue Service systems and steal refunds owed to other hard-working Americans," said U.S. Attorney Andrew Birge. "This crime does damage to the individual tax payers whose identities were stolen in connection with the fraud, but it also does damage to all Americans who place their trust in the proper functioning of the tax system and expect an orderly and prompt payment of tax refunds. This defendant stole from all of us."
By filing Form 1040s before the real taxpayers, Igboba managed to direct hundreds of thousands of dollars to himself. IRS systems stopped many of the stolen returns from being issued, but Igboba personally received at least $57,000 as a result of his crime. He used personally identifying information to access tax information for more than 100 individuals through IRS systems. The evidence introduced at trial demonstrated that the defendant conspired with numerous individuals, both in the United States and abroad, to compile personal information and direct the tax returns to numerous bank accounts.
"Even one unauthorized access to confidential tax information is a violation of federal law, and in this case, the defendant stole hundreds of tax transcripts from the IRS in furtherance of a scheme to enrich himself at the expense of the American people," said J. Russell George, Treasury Inspector General for Tax Administration. "I want to commend our investigators, including those in our cybercrimes division, for cracking this case, their counterparts at IRS Criminal Investigation, and the U.S. Attorney’s office for helping us bring this individual to justice."
Special Agent in Charge Manny Muriel, IRS - Criminal Investigation, stated, "IRS-CI will not stop its pursuit of criminals who attempt and perpetrate tax-related identity theft." Muriel continued, "let this conviction stand as a warning to any would-be criminal that ID theft tax crimes will not be tolerated, and that you will be caught and brought to justice."
The case was investigated by the Treasury Inspector General for Tax Administration (TIGTA) and IRS - Criminal Investigation. Assistant United States Attorneys Sally J. Berens and Christopher M. O’Connor prosecuted the case.
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Retired Prison Guard and School Bus Driver Sentenced to 12 Years for Attempting to Travel to Canada to Engage in Sex with MinorsRead the Press Release
MARQUETTE, MICHIGAN - Michael Keith Feighner, 64, of Rudyard, Michigan, was sentenced to 144 months in federal prison for attempted travel to engage in illicit sexual conduct, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney ordered Feighner to serve eight years of supervised release upon the completion of his sentence. He will also be required to register as a sexual offender.
On June 28, 2018, Feighner pled guilty to a charge of attempting to travel to a foreign country for the purpose of having sexual relations with a minor. This investigation began when an undercover Homeland Security Investigations (HSI) agent, operating from a list of customers who were frequenting child pornography websites and trading child pornography, contacted Feighner. Believing that he was communicating with the father of three underage children, Feighner arranged for a meeting in Sault Ste. Marie, Canada for the purpose of engaging in sexual acts with the children. On the agreed date, Feighner traveled from Rudyard and was intercepted and arrested at the International Bridge in Sault Ste. Marie, Michigan.
Feighner is a retired state corrections officer who was employed at the MDOC prison in Kincheloe, Michigan. He later worked as a school bus driver for the Rudyard Area Schools from 2013 through 2017.
The investigation was conducted by special agents of HSI. The case was prosecuted by Assistant U.S. Attorney Paul D. Lochner.
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Baldwin Man Sentenced to Probation for Supplemental Security Income FraudRead the Press Release
Ikie Ealy Concealed His Wife’s Income to Continue Qualifying for Benefits
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Ikie G. Ealy, 54, of Baldwin, Michigan, was sentenced to two years’ probation yesterday by U.S. District Judge Paul L Maloney for concealing material facts regarding his eligibility for Supplemental Security Income (SSI) benefits. The Court additionally ordered Ealy to pay restitution of $77,026.05 to the Social Security Administration and the Michigan Medicaid Program.
Between November 2009 and October 2016, Ealy, who was aware that his wife’s earnings counted towards the calculation of household income for determining his eligibility for SSI benefits, intentionally failed to disclose on several occasions that he and his wife were living together and that she was earning an income. Ealy’s concealment included providing false answers on Social Security forms and providing a false letter indicating that he and his wife were divorcing. As a result, Ealy received SSI benefits in higher amounts than he otherwise should have received, or when he should have received no benefits at all. In total, Ealy received more than $70,000.00 in benefits to which he was not entitled.
“The integrity of the SSI program, and all programs providing federal entitlements, remains a priority of this office,” said Birge. “If you cheat the system, you will be prosecuted and ordered to pay back the benefits that you fraudulently obtained.”
The Grand Rapids office of the Social Security Administration--Office of Inspector General investigated the case. Assistant U.S. Attorney Ronald M. Stella handled the prosecution.
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Child Predator Sentenced to Ten YearsRead the Press Release
GRAND RAPIDS, MICHIGAN – U. S. Attorney Andrew Birge announced today that Sameer Paul Gadola, 23, of East Lansing, Michigan was sentenced to 120 months in prison for possession of child pornography. U.S. District Judge Janet T. Neff also imposed special assessments of $15,300 and a period of supervised release of five years following his imprisonment.
In 2016, Gadola engaged in conversations with minor boys over the internet using social media. He engaged in sexual conversations with the children and induced them to send him sexually explicit photographs. There was also evidence of Gadola sexually exploiting additional children beyond the counts of conviction, both online and in person. Gadola pled guilty to three counts of possession of child pornography and was sentenced to 72 months each on counts one and two to be served concurrently with each other, and 48 months on count three, to be served consecutively to counts one and two.
In sentencing Gadola, Judge Neff called him a "sexual predator" who groomed children and then acted on his impulses with them online and in person. Judge Neff stressed the need to protect the public from further crimes by Gadola, whom she described as "a danger to the community."
In its sentencing memorandum, the U.S. Attorney’s Office sought a significant sentence in light of the nature and magnitude of Gadola’s conduct. "The U.S. Attorney’s Office agrees with the Court’s assessment that Gadola engaged in very serious criminal conduct warranting significant time in prison," said U.S. Attorney Birge. "The predation of children, whether on the internet or elsewhere, is a very grave offense which deserves severe consequences to promote respect for the law, to deter other child sex offenders, and to protect the public."
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was prosecuted by Assistant U.S. Attorney Alexis Sanford and investigated by the Federal Bureau of Investigation.
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Former U.S. Citizen Extradited to Bosnia to Face Murder ChargesRead the Press Release
Convicted of lying during naturalization process and stripped of his U.S. citizenship, former Serbian militia member returned to Bosnia-Herzegovina to face charges for murders of Muslim couple during 1990s Bosnian Conflict
GRAND RAPIDS, MICHIGAN — Alexander Kneginich, 58, formerly of Crown Point, Indiana, has been transported back to his native Bosnia-Herzegovina after the U.S. Marshals Service surrendered him to Bosnian law-enforcement officials last Friday in Chicago.
Kneginich was convicted in August 2017 of having fraudulently obtained U.S. citizenship by falsely denying, during the immigration and naturalization process, that he had ever been charged with or jailed for a crime. In fact, Kneginich, along with several other veterans of a Serbian militia unit, had been charged with the 1994 murders of two Muslim civilians – a husband and wife –during the 1990s Bosnian conflict. Kneginich told these lies to U.S. immigration authorities in the course of obtaining authority to enter the United States as a refugee, subsequently obtaining permanent-resident status, and ultimately obtaining U.S. citizenship in January 2007 in Grand Rapids, Michigan. In November 2017, Kneginich was sentenced to 12 months in prison for the naturalization offense, and his U.S. citizenship was also revoked. In December 2017, and at the request of the Government of Bosnia-Herzegovina, the U.S. Attorney’s Office initiated extradition proceedings against Kneginich under the extradition treaty between the United States and Bosnia-Herzegovina. In June 2018, U.S. Magistrate Judge Phillip J. Green ruled that Kneginich was extraditable and referred his case to the U.S. State Department pursuant to the Treaty, and the State Department then ordered his extradition.
“Mr. Kneginich never rightly secured the blessings and freedom of citizenship and lawful status in this great country of ours,” said U.S. Attorney Andrew B. Birge. “He snuck into this country by fleeing charges that he is a murderer. This deceit cost Kneginich the U.S. citizenship he obtained by fraud, and the United States has honored its extradition treaty with his native country by sending Kneginich back to Bosnia-Herzegovina to face trial for the charges he was fleeing when he came here.”
The criminal case was jointly prosecuted by Trial Attorney Jamie Perry, of the Justice Department’s Human Rights and Special Prosecutions Section (HRSP), and Assistant U.S. Attorney Hagen W. Frank of the U.S. Attorney’s Office, Western District of Michigan. The case was investigated by HSI’s Grand Rapids Office, assisted by the Justice Department’s Office of International Affairs and the Government of Bosnia and Herzegovina. Assistant U.S. Attorney Frank represented the United States in the extradition proceedings.
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Former Home Health Nurse Pleads Guilty to Tampering with Patients' DrugsRead the Press Release
GRAND RAPIDS, MICHIGAN – Kristie Ann Mollohan, 42, formerly of Kalamazoo, Michigan, pled guilty before the Hon. Phillip J. Green, U.S. Magistrate Judge, to two counts of tampering with a consumer product. This federal offense prohibits tampering with a drug or other consumer product with reckless disregard for the risk of death or bodily injury and under circumstances manifesting extreme indifference to the risk of injury or death. Mollohan faces a maximum sentence of 10 years of imprisonment on each count, and she will be required to serve a term of supervised release after any prison term has been completed. U.S. District Judge Gordon J. Quist will sentence Mollohan on a date to be scheduled by the Court.
Mollohan admitted at the plea hearing that, while working as home health nurse in two homes in Allegan and Barry Counties in August 2016, she removed liquid diazepam (valium) from the medication bottles prescribed to three different patients. All three patients were totally incapacitated at the time from serious brain impairment and required twenty-four hour care. Mollohan admitted that she replaced the diazepam with water or saline solution, resulting in the patients’ diazepam containing less than 10% of the declared diazepam concentration in one case, less than 6% of the declared diazepam concentration in the second case, and less than 1% of the declared diazepam concentration in the third case. Mollohan acknowledged that she knew that she put the patients at risk of serious bodily injury or death given that the diazepam was prescribed, in part, to suppress life-threatening seizures. Mollohan further acknowledged that one of the patients suffered a seizure that was likely the result of the patient receiving diluted diazepam. That patient, a minor, died the next day, although the government acknowledges that it cannot prove Mollohan’s conduct resulted in the death.
United States Attorney Andrew Birge emphasized that federal laws play an important role in the delivery of safe food, drugs, and cosmetics. "Cases like this underscore the obvious: tampering with drugs puts the ultimate consumers at real risk of harm."
The U.S. Food and Drug Administration, Office of Criminal Investigations, the U.S. Department of Health and Human Services, Office of Inspector General, the Michigan State Police, the Allegan Police Department, and the Barry and Allegan County Prosecutors’ Offices cooperated in the investigation of this matter. Assistant U.S. Attorney Raymond Beckering III prosecuted the case.
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Kalamazoo and Benton Harbor Crystal Methamphetamine Ring DismantledRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge along with Special Agent-in-Charge Timothy Slater of the Federal Bureau of Investigation and Special Agent-in- Charge Timothy Plancon of the Drug Enforcement Administration announced today that eighteen individuals were charged by the attached complaint with conspiring to distribute controlled substances, primarily crystal methamphetamine. In conjunction with the arrests, federal, state and local law enforcement agencies executed twelve federal search warrants in Kalamazoo, Benton Harbor, and Phoenix, Arizona. Earlier in the investigation, law enforcement seized packages sent in the mail to supply the distribution scheme in Michigan. In total, law enforcement has seized nearly seventeen pounds of crystal methamphetamine and five firearms as a part of this investigation.
Pictures of Methamphetamine in bags"I am grateful to federal, state, and local law enforcement for today’s diligent and professional operation," U.S. Attorney Birge said. "Drug trafficking is a dangerous business that ruins lives in our communities every day. Kalamazoo, Benton Harbor, and the rest of the Western District are safer today without pounds of crystal methamphetamine flowing onto their streets."
The following individuals were charged:
• Raymond Demetrius Stovall, 28, of Benton Harbor
• Richard Lee James Jr., 27, of Benton Harbor
• Kentrell Terome Dunn, 32, of Phoenix, Arizona
• David Richard Uminn, 34, of Kalamazoo
• Andrew Peter Bagley, 29, of Kalamazoo
• Robert Bruce Armstrong, 64, of Kalamazoo
• Kandy Kay Kirby, 46, of Kalamazoo
• Eshawn Jamier Whiteside, 20, of Kalamazoo
• Aaron Earl Rimpson, 27, of Kalamazoo
• DeMichael Mishaun Horn, 19, of Benton Harbor
• Michael Dewayne Horn, 19, of Benton Harbor
• Scotty Deandre-Marcus Campbell, 26, of Benton Harbor
• Ronald Eugene Goodloe Jr., 29, of Benton Harbor
• Richard Farmer Sr., 43, of Atlanta, Georgia
• Daisy Laverne Dyer, 42, of Benton Harbor
• Michael John Marcon, 32, of Kalamazoo
• Ronnie Deval Smith, Jr., 24, of Kalamazoo
• Tremain Lamar Braxton, 30, of Benton Harbor
"Drug trafficking and violence often co-exist, which is why federal, state, and local law enforcement made investigating and arresting this dangerous drug-trafficking organization a top priority. Today, West Michigan communities can rest assured that their neighborhoods are a bit safer," stated Timothy Plancon, Special Agent in Charge, U.S. Drug Enforcement Administration, Detroit Field Division.
"Today’s charges send a strong message that methamphetamine traffickers face severe consequences for the real harm that they inflict on our Michigan families," said Timothy R. Slater, Special Agent in Charge, Detroit Division of the FBI. "The FBI’s overall success to defeat drug dealers who prey on communities, through the distribution of deadly substances, requires joint cooperation with our federal and local law enforcement partners."
The FBI is asking for the public’s assistance in locating Scotty Deandre-Marcus Campbell of Benton Harbor, Michigan:
Picture of Scotty Deandre-Marcus CampbellThe charges in the complaint are merely accusations and are not evidence of guilt. The defendants are presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
This case is being investigated by the FBI, the DEA, the U.S. Postal Inspection Service, the Kalamazoo Valley Enforcement Team, and the Southwest Enforcement Team (a component of the Michigan State Police), who were assisted in executing the arrest and search warrants by the U.S. Marshals Service, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan Department of Corrections, the Portage Police Department, the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, the Berrien County Sheriff’s Office, and the St. Joseph County Sheriff’s Office. The case is being prosecuted by Assistant U.S. Attorneys Justin M. Presant and Mark V. Courtade.
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Allegan Online Child Predator Sentenced to over 20 YearsRead the Press Release
GRAND RAPIDS, MICHIGAN - United States Attorney Andrew Birge announced that James Theodore Pyle, 27, of Allegan, was sentenced in U.S. District Court to 245 months’ imprisonment for sexual exploitation of a minor. The Court also ordered that he spend ten years on supervised release and pay a fine of $2,500.
In 2014, Pyle posed as "Roman Kalhart" on Facebook, claiming he was 15 years old. He befriended numerous young teens and persuaded them to send him sexually explicit photographs. In sentencing Pyle, Chief U.S. District Judge Robert Jonker commented on the sheer number of victims, noting that the investigation showed Pyle had obtained photographs from as many as 50 to 70 minors, at least 20 of whom were outlined in the presentence investigation report. At the time of the offense, Pyle was on probation for accosting a child for immoral purposes. His probation was revoked and on January 25, 2015, he was sentenced in Allegan County Circuit Court to 33 to 48 months in prison. Chief Judge Jonker ordered that his federal sentence be served consecutively to his state sentence, which will be completed on November 20, 2018.
"The U.S. Attorney’s Office takes very seriously cases involving child predators," said U.S. Attorney Birge. "Those people who would use the internet to hide their true identity to befriend and exploit children deserve the fullest punishment the law provides."
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney’s Office, county prosecutor’s offices, the Internet Crimes Against Children task force, and federal, state, and local law enforcement agencies are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate communities about the dangers of online child exploitation and to teach children how to protect themselves. More information is available at www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
This case was prosecuted by Assistant U.S. Attorney Alexis Sanford and investigated by Homeland Security Investigations, with assistance from the Michigan Department of Corrections and the Kalamazoo Department of Public Safety.
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Grand Rapids Man Sentenced for Credit Card Fraud and Aggravated Identity TheftRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Byerly Birge announced today that Kahwahnas Nucumbhi Potts, age 39, of Grand Rapids, Michigan, was sentenced in U.S. District Court to 9 years’ imprisonment for his aggravated identity theft and credit card fraud. The court also ordered Potts to pay restitution to the victims of his offense in the amount of $17,955.50. In sentencing Potts, U.S. District Judge Janet T. Neff remarked that Potts’ brazen conduct "was among the most serious stolen mail conduct she has seen in eleven years, but that his act of breaking into the home of one of his victims and then impersonating that victim while talking to his credit card company was outrageous." The judge also noted that Potts previously appeared before her on federal charges of identity theft and that she sentenced Potts to two years’ imprisonment for his prior offense.
From at least March 2015, until April 2016, Potts stole mail belonging to West Michigan residents from their mailboxes. In December 2015, Potts stole a credit card after breaking into the home of a victim in Grand Rapids who was vacationing out of state. Potts used the means of identification of the victim and pretended to be the victim when calling the credit card company from the victim’s home phone to activate the card. Potts used that credit card without authorization to withdraw over $16,000.00 at automated teller machines (ATM) in December 2015 and January 2016. Potts disguised himself with a mask, a stolen license plate on his vehicle, and gloves, when making the ATM withdrawals. Potts again used the means of identification of the victim and pretended to be the victim on several occasions to persuade the credit card company to remove a block on the credit card when it suspected fraudulent activity.
Using the means of identification of many other individuals obtained from the stolen mail, Potts applied for and obtained credit cards in their names. Potts completed credit card applications over the internet and used the names, dates of birth and social security account numbers of such individuals to make it appear to the credit card companies that he truly was those individuals. In an effort to avoid detection, Potts accessed the wireless internet service of an area business to apply for the credit cards using his cellular phone and directed the credit card companies to mail the credit cards to a fictitious address that he created on Division Avenue in Grand Rapids.
"Today, Mr. Potts learned what it means when I say my office will not tolerate anyone stealing the identity of a resident of this district," commented U.S. Attorney Birge. "The significant sentence handed down by the court justifiably recognizes that identity theft is a serious crime with real consequences and that those consequences are even more significant for a repeat offender who commits this crime after breaking into the victim’s home."
The Grand Rapids Office of the U.S. Postal Inspection Service, in conjunction with the Grand Rapids Police Department Metropolitan Fraud and Identity Theft Team, conducted the investigation of the case. Assistant U.S. Attorney Ronald M. Stella prosecuted the case.
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Former Executive Director Sentenced to 37 Months in Federal PrisonRead the Press Release
Tracy Bronson embezzled $573,159 from the Calhoun Conservation District between 2014 and 2017
GRAND RAPIDS, MICHIGAN — Tracy Lynn Bronson, 57, of Marshall, Michigan, was sentenced to 37 months in federal prison for stealing from her former employer, the Calhoun Conservation District, a local special unit of government with a mission to maintain and improve land, water, and wildlife. Bronson also was ordered to pay $573,159.20 in restitution. Following release from prison, Bronson will serve three years on supervised release. U.S. District Judge Paul L. Maloney imposed the sentence.
Bronson was indicted by a grand jury in February 2018 and charged with five counts of theft concerning a program receiving federal funds. Bronson pled guilty to committing that offense. Between 2014 and 2017, the Calhoun Conservation District ("CCD") received more than $466,000 in federal funds. During that same period, Bronson embezzled $573,159 from the CCD while employed as its Executive Director. She committed the offense by writing more than 400 unauthorized checks to herself and by using CCD credit cards for personal expenses. Bronson attempted to hide her offense by altering CCD’s books and records, and creating fake monthly account statements, which she provided to CCD’s Board of Directors. Bronson admitted that most of the embezzled funds were spent at a local casino. She faced a maximum of 10 years in prison for the offense, but was sentenced within the range recommended by the federal Sentencing Guidelines.
In announcing the sentence today, U.S. Attorney Birge remarked, "Bronson stole not only from her loyal employer, but from the Calhoun County community and taxpayers. As a result of her selfish breach of trust, CCD has struggled to pay its bills and fulfill its important mission for future generations. Combatting financial fraud such as this serious embezzlement—particularly when it involves taxpayer money and vulnerable victims—remains a priority of federal law enforcement."
This case was investigated by the U.S. Environmental Protection Agency Office of Inspector General, the U.S. Fish and Wildlife Service Office of Inspector General, and the Michigan State Police, with computer forensic examination assistance from the Federal Bureau of Investigation. Assistant U.S. Attorney Christopher M. O’Connor prosecuted the case.
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Upper Peninsula Crystal Meth Dealers ImprisonedRead the Press Release
MARQUETTE, MICHIGAN — U.S. Attorney Andrew Birge announced today that several crystal methamphetamine dealers from the western part of the Upper Peninsula received long prison terms. The Honorable Paul L. Maloney, U.S. District Judge, issued the following sentences:
• Patrick Joseph Sievers, age 36, formerly of Ironwood, Michigan, sentenced to 264 months (22 years) in federal prison, followed by 8 years of supervised release;
• Kathryn Maria Hellen, age 27, formerly of Ironwood, Michigan, sentenced to 120 months (10 years) in federal prison, followed by 5 years of supervised release;
• Jennifer Elizabeth Smith, age 29, formerly of Ontonagon, Michigan, sentenced to 46 months in federal prison, followed by 3 years of supervised release; and
• Dion Roy Jolliff, age 43, formerly of Ontonagon, Michigan, sentenced to 42 months in federal prison, followed by 3 years of supervised release.
During the sentencing, the government’s attorney, Assistant U.S. Attorney Maarten Vermaat, noted that the Upper Peninsula Substance Enforcement Team (UPSET) has seen crystal methamphetamine ("meth") – a very pure form of the drug – emerge as one of the most commonly trafficked illegal drugs in the area. In addition, the government said that crystal meth dealers are frequently arming themselves for protection.
This case was no exception. Evidence obtained by UPSET showed that Sievers started selling crystal meth in Gogebic, Ontonagon and Houghton Counties in 2016. By the time of his arrest in March 2017, he had sold, by conservative estimates, between 1.5 and 4.5 kilograms of the drug. When UPSET detectives executed a search warrant at Sievers’ camp in Ontonagon, MI on March 30, 2017, they found what Judge Maloney later described as a "drug bunker" – complete with firearms loaded and readily available, motion detectors guarding the approaches to the camp, hidden safes, and a video surveillance system monitoring the doors. Sievers was arrested that same day in Ironwood. Detectives searched his truck and found 215 grams (about 8 ounces) of highly pure crystal meth and a loaded Glock .40 caliber handgun.
Jennifer Smith was arrested after she sold crystal meth on Sievers’ behalf in Ontonagon.
After Sievers’ arrest, UPSET shifted its investigation to other meth dealers in the area. UPSET purchased meth from Dion Jolliff on several occasions. Then Jolliff was found asleep at the wheel of a van owned by Hellen in the middle of an intersection in Ontonagon. Meth and drug paraphernalia were found in the van. Jolliff was arrested.
Hellen, who was previously in a relationship with Sievers, was the last person arrested in this case. Despite her awareness of the arrests of Sievers, Smith and Jolliff, she continued selling crystal meth. In October 2017, police searched her rental house in Ontonagon and found another 8 ounces of crystal meth and a loaded .357 caliber handgun. She was arrested and admitted making several trips to Wausau, Wisconsin to obtain multiple ounces of crystal meth per trip.
Lieutenant Tim Sholander, the UPSET commander, noted that UPSET "was created to reduce the amount of dangerous drugs that destroy our communities in the Upper Peninsula." Lt. Sholander also noted that the detectives assigned to UPSET’s western U.P. team were working to ensure that crystal meth traffickers "were brought to justice for their part in flooding the western part of the Upper Peninsula with crystal meth."
Michigan State Police Troopers and law enforcement officers from the Gogebic Iron-Area Narcotics Team assisted the UPSET investigation. The U.S. Drug Enforcement Administration (DEA) forensic laboratory conducted analysis of the substances seized in this case. The case was prosecuted by Assistant U.S. Attorney Maarten Vermaat.
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Kalamazoo Father and Son Indicted for Identity Theft and Harboring and Concealing Illegal AkiensRead the Press Release
Eddie and Michael Balderramas Assisted Illegal Aliens in Obtaining Michigan Driver’s Licenses in the Identities of Other Individuals
GRAND RAPIDS, MICHIGAN — Eddie Michael Balderramas, 51, and his son, Michael James Balderramas, 28, of Kalamazoo, Michigan, made their initial appearances today in U.S. District Court in Grand Rapids, Michigan, on an indictment recently returned by a federal grand jury.
According to the indictment, between at least April 4, 2016, and July 20, 2017, defendants conspired with a third individual, Michelle Martinez-Marte, to commit identity theft, social security account number fraud, and harboring and concealing of illegal aliens. Martinez-Marte acquired Puerto Rican birth certificates, driver’s licenses, and social security account number cards in the names of actual individuals. Martinez-Marte would then refer the illegal aliens to Eddie Balderramas. Either Eddie Balderramas or his son Michael Balderramas, would travel to New York City and transport the illegal aliens to Michigan, where they would be harbored at a home in Kalamazoo. Eddie and Michael Balderramas produced false leases, paystubs, and other documents to make it appear as if the illegal aliens were truly Michigan residents. Eddie and Michael Balderramas would then transport the illegal aliens to Michigan Secretary of State Offices and would use the Puerto Rican documents in the names of other individuals, along with the counterfeit documents of Michigan residency, to acquire an authentic Michigan driver’s license for the illegal alien using the name and other personal identifiers of an actual individual. The illegal aliens paid Eddie and Michael Balderramas for their assistance so that they could live in the country without detection by immigration authorities.
All defendants face up to 15 years’ imprisonment on the conspiracy charge, up to 10 years’ imprisonment for harboring, concealing or shielding from detection an illegal alien, and up to 5 years’ imprisonment for misuse of social security account numbers. The defendants also face a penalty of 2 years’ imprisonment consecutive to any term of imprisonment imposed for the other charges if convicted of aggravated identity theft.
Eddie Balderramas currently remains in the custody of the United States Marshal Service awaiting a hearing on his continued detention. The court released Michael Balderramas on bond. Martinez-Marte is in federal custody in Boston, Massachusetts, on related but separate charges.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Davi Bailey Arrested for Witness RetaliationRead the Press Release
GRAND RAPIDS, MICHIGAN — Davi Sarah Bailey, 28, of Battle Creek, was arrested on a federal criminal complaint that alleges she threatened the sister of a 16-year-old identified only by the initials K.P.
K.P. testified at a federal trial last week that she was sexually exploited by a Michael Clayton. Clayton is the father of Bailey’s child. K.P.’s sister attended the court proceedings as support for K.P. The jury ultimately found Clayton guilty of sex trafficking a minor and producing child pornography using three girls, one of whom was K.P. The jury also found Clayton guilty of conspiring to distribute cocaine and possessing a firearm as a convicted felon. The complaint against Bailey includes a copy of the following message Bailey allegedly sent K.P.’s sister through Facebook:
It is a federal crime to threaten any person for the attendance of a witness at an official proceeding or the testimony given by that witness at the proceeding. In this case, the complaint alleges Bailey threatened K.P.’s sister for K.P. having attended and testified at Clayton’s trial. This charge is punishable by up to life in prison.
A preliminary hearing is scheduled for Tuesday, June 26. The charges in a criminal complaint are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Sixth Defendant Convicted in Holland-Area Heroin ConspiracyRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Jimmie “Peanut” Butler pled guilty to conspiring to distribute more than 100 grams of heroin and to possessing with intent to distribute cocaine base. Five of his co-defendants had previously pled guilty to federal charges stemming from the distribution of heroin in the Holland, Michigan area. The conspiracy, which trafficked heroin from Chicago into the Holland area and the Upper Peninsula is linked to numerous overdoses and at least one death.
“In the face of the opioid epidemic, the U.S. Attorney’s Office aggressively pursues those who poison our communities with heroin,” said U.S. Attorney Birge. “This outcome is the result of the cooperation of federal, state, and local law enforcement agencies, which have jointly worked to investigate, charge and incarcerate those who take advantage of addicts for profit and spread heroin addiction.”
“The Butler investigation was a great example of the West Michigan Enforcement Team’s efforts to target the opioid epidemic in West Michigan,” said D/F/Lt. Andy Fias, WEMET Section Commander. “This investigation was also another great example of the cooperative efforts between federal, state and local agencies. That relationship is another reason these cases are successful.”
On August 15, 2017, a federal grand jury filed a superseding indictment against Jimmie Butler, Charles Oakley, Michael McKinley, Jimmy Moore, Corey Gross, and Monique Molina. The conspiracy spanned from as early as 2012 until July 2017, when the group was initially indicted. Michael McKinley was sentenced to 24 months’ incarceration. Corey Gross was sentenced to 46 months’ incarceration. Monique Molina was sentenced to 24 months’ incarceration. The remaining defendants have not yet been sentenced. Jimmy Moore faces a mandatory minimum of five years and up to 40 years in prison. Jimmie Butler and Charles Oakley face mandatory minimum sentences of ten years and up to life in prison.
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Michigan State Police – West Michigan Enforcement Team, the Holland Department of Public Safety, and the Ottawa County Sheriff’s Office. Assistant U.S. Attorneys Sally Berens and Timothy VerHey prosecuted the case.
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Lansing Woman Gets Jail Time for Lying to Grand JuryRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Tiffany Renee Pryor, formerly of Lansing, Michigan, was convicted of making a false declaration to a grand jury and sentenced to six months’ incarceration and six months’ home confinement, to be followed by two years’ supervised release. Pryor had offered false exculpatory testimony before a grand jury investigating a case regarding a felon who was in possession of a firearm.
“My office will always pursue and prosecute those who would seek to thwart justice by lying under oath,” said U.S. Attorney Birge.
Roderick Frost, the defendant in whose case Pryor gave false testimony, was convicted of being a felon in possession of a firearm and sentenced to 96 months’ incarceration. His prior convictions rendered him an armed career criminal.
The cases were investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Meridian Township Police Department and prosecuted by Assistant United States Attorneys Sally J. Berens and Alexis Sanford.
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Greenville Roofing Company Owner Pleads Guilty to Tax EvasionRead the Press Release
John Frederick Snyder, Owner of Snyder’s Roofing, Willfully Underreported his Income by Over $6 Million for tax years 2009 to 2014
GRAND RAPIDS, MICHIGAN — John Frederick Snyder, 71, of Greenville, Michigan, and owner of Snyder’s Roofing, pled guilty on June 20, 2018, to a felony information charging him with tax evasion for the 2011 tax year. As part of his plea agreement, Snyder further admitted to willfully evading the assessment of income taxes for 2009 to 2014 by underreporting his income by over $6 Million. He has agreed to pay restitution of $414,160.00, representing his tax loss, plus fraud penalties and interest. At a sentencing hearing yet to be set by the court, Snyder will face up to five years’ imprisonment and a fine of up to $250,000.00.
According to his plea agreement and court records, Snyder consistently failed to timely file tax returns and when he did file he underreported the amount of his business income. He purposely deposited less than all of his business income into his business bank account without informing his accountant. Instead, he took checks from his customers and signed them over to his suppliers (making them third-party checks) to pay for the materials and services used in his business. Because of this practice, his business account never showed his actual business income. Snyder also carried out his tax evasion scheme by depositing checks made payable directly to him for the work of his roofing business into his personal bank accounts, taking back cash at the same time, or negotiating the entire amount of the checks for cash. Snyder used some of this unreported cash to pay his employees.
“Snyder willfully evaded his civic and legal obligation to pay his taxes,” said U.S. Attorney Birge. “The IRS figured out his scheme and he will now pay those taxes after all, along with fraud penalties and interest, while also facing up to five years in prison.”
“This is a classic example of greed,” said Manny Muriel, IRS-Criminal Investigation Special Agent in Charge of the Detroit Field Office. “Snyder blatantly disregarded the law to line his own pockets. He painstakingly took steps to avoid paying his fair share of taxes. IRS-Criminal Investigation will continue to seek out and find those who choose to disregard the tax laws.”
The Internal Revenue Service-Criminal Investigation Division, Grand Rapids, conducted the investigation, and Assistant United States Attorney Ronald M. Stella is prosecuting the case.
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On 500th Day of Trump Administration, Attorney General Sessions Announces 311 New Assistant United States Attorney PositionsRead the Press Release
Largest Increase in Decades Allocates Prosecutors to Focus on Violent Crime,
Civil Enforcement and Immigration Crimes.
West Michigan receives four positions--
an increase of over 10% from its current staffing level.GRAND RAPIDS, MICHIGAN – On the 500th day of the Trump Administration, Attorney General Jeff Sessions and U.S. Attorney for the Western District of Michigan Andrew Birge announced that the Department of Justice is taking a dramatic step to increase resources to combat violent crime, enforce our immigration laws, and help roll back the devastating opioid crisis.
In the largest increase in decades, the Department of Justice is allocating 311 new Assistant U.S. Attorneys (AUSAs) to assist in priority areas. Those allocations are as follows: 190 violent crime prosecutors, 86 civil enforcement prosecutors, and 35 additional immigration prosecutors. Many of the civil enforcement AUSAs will support the newly created Prescription Interdiction & Litigation Task Force which targets the opioid crisis at every level of the distribution system.
"Under President Trump's strong leadership, the Department of Justice is going on offense against violent crime, illegal immigration, and the opioid crisis—and today we are sending in reinforcements," said Attorney General Jeff Sessions. "We have a saying in my office that a new federal prosecutor is 'the coin of the realm.' When we can eliminate wasteful spending, one of my first questions to my staff is if we can deploy more prosecutors to where they are needed. I have personally worked to re-purpose existing funds to support this critical mission, and as a former federal prosecutor myself, my expectations could not be higher. These exceptional and talented prosecutors are key leaders in our crime fighting partnership. This addition of new Assistant U.S. Attorney positions represents the largest increase in decades."
Attorney General Sessions allocated four new AUSA positions to the Western District of Michigan, which marks an increase of over ten percent of its current allocation of attorney positions. Two of the positions will focus on violent crime, specifically the Project Safe Neighborhoods initiative. Under that initiative, the office partners with federal, state and local law enforcement to bring down violent crime rates, principally by prosecuting the individuals and groups who drive those rates. The third position will be dedicated to affirmative civil enforcement, which includes actions to address health care fraud and other forms of federal program fraud as well as the diversion of drugs from the regulatory stream by health care professionals. The fourth position will focus on prosecuting immigration crimes, including fraudulent identification document production and worksite enforcement.
U.S. Attorney Birge commented that he is pleased his office received positions to address each of the Department’s three priorities for this roll out. "I look forward to getting these individuals in place to make a positive impact on West Michigan."
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Berrien County Resident Sentenced to 36 Months in Prison for Federal Tax EvasionRead the Press Release
Lori Lynn Pawielski ordered to pay $511,433 to the Internal Revenue Service
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Lori Lynn Pawielski, 52, of Buchanan, Michigan, was sentenced to three years in federal prison for tax evasion. The Honorable Robert J. Jonker, U.S. District Judge, also ordered Pawielski to serve three years of supervised release following prison and to pay $511,433 in restitution to the IRS and $1,962,611 in restitution to private party victims.
Pawielski’s sentencing was the result of her pleading guilty to one count of attempting to evade or defeat tax for calendar year 2015 by preparing and signing a false and fraudulent Form 1040 tax return. The charge alleged that the Form 1040 tax return falsely claimed that her taxable income was $149,160 when in fact it was $330,166. The charge also alleged that the tax due and owing for calendar year 2015 was $84,516, not $28,941 as reported on the tax return. She admitted those facts, and also was held responsible for additional tax due and owing for calendar years 2009-2014.
Pawielski’s tax evasion arose out of her embezzlement of more than $1.9 million from her former employer between 2009 and 2016 by writing 271 checks to herself without authorization. She further admitted that she concealed her embezzlement by altering the company’s accounting software to make it appear those checks were issued to suppliers. Pawielski admitted that she failed to report that additional income to the IRS on her 2009-2015 federal tax returns.
U.S. Attorney Birge remarked, “Ms. Pawielski must pay a debt to society in terms of prison time and pay back her former employer what she stole and pay the government what she owes in taxes. The message should be clear here: Those who cheat on their taxes will be both brought to justice and made to pay what they owe. If you’re attempting to evade your taxes, we will work with the Internal Revenue Service to make sure you are held accountable and pay your fair share.”
This matter was investigated by the Internal Revenue Service - Criminal Investigation and prosecuted by Assistant U.S. Attorney Christopher O’Connor.
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Grand Rapids Man Sentenced for Felon Firearm Possession and Falsely Attesting U.S. CitizenshipRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Franklin J. Flores, 42, most recently of Grand Rapids, Michigan, was sentenced to two concurrent terms of 24 months’imprisonment by U.S. District Judge Janet T. Neff, concurrent to his current State of Michigan sentence of 18 to 60 months for identity theft. Flores pleaded guilty pursuant to a plea agreement to one count of being a felon in possession of a firearm and ammunition, and one count of falsely attesting U.S. Citizenship on a Form I-130 Petition for Alien Relative and submitting that form to the Department of Homeland Security, U.S. Citizenship and Immigration Services with the intent toobtain benefit for another person.
The investigation began with reports by a New Mexico man that Flores had stolen his identity. On January 20, 2017, a search warrant conducted at Flores’ residence in Grand Rapids located a Springfield Armory XD-40 .40 caliber pistol and 11 rounds of .40 caliber ammunition. With a 2014 Carrying a Concealed Weapon conviction in Kent County, Michigan, Flores could not lawfully possess this firearm. Flores also assumed the identity of the New Mexico man and his U.S. Citizenship to petition to U.S. Citizenship and Immigration Services for alien relative status for his wife. U.S. District Court Judge Neff noted that Flores’ actions were some of the most egregious she has seen when he assumed the identity of the New Mexico man and thus his U.S. Citizenship status to obtain benefits for his wife.
“Franklin Flores flouted both federal gun and immigration laws,” U.S. Attorney Birge said. “The Court’s sentence is a message that the consequences are severe for convicted felons who violate federal gun laws and for those who try to steal and lie their way to immigration benefits.”
“Identity theft and weapons violations represent serious threats to both our national security and public safety,” said Steve Francis, Homeland Security Investigations (“HSI”) Detroit special agent in charge. “The sentencing handed down in this case makes it clear that these crimes remain a priority for HSI and our partner agencies.”
HSI Grand Rapids investigated this offense, with assistance from the Wyoming Police Department. Assistant U.S. Attorney Clay M. West prosecuted the case.
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Jury Finds Kalamazoo Man Guilty of Methamphetamine TraffickingRead the Press Release
Eight coconspirators pled guilty before trial.
GRAND RAPIDS, MICHIGAN – U.S. Attorney Andrew Birge announced today that, after four days of trial, a federal jury convicted Michael Donnell Neeley, age 39, of Kalamazoo, Michigan, of conspiring to distribute methamphetamine. Neeley, Noel Francisco Saldana, Jesus Manuel Ramirez-Luna, Thomas Lee Cowley, Sheryl Lynn Ayad, Thomas Lewillan Cowley, Jr., Justin Owen Smith, Robert Eugene Nichols, and David Leroy Strickler were charged in December 2017 with conspiracy to distribute and to possess with intent to distribute methamphetamine, and various other drug and firearm charges. All charged defendants have been convicted.
The conspiracy began in or around July 2016 when Noel Saldana, the conspiracy’s leader, and Thomas Lee Cowley met Phoenix-based methamphetamine supplier Jesus Ramirez-Luna. Thereafter, Ramirez-Luna supplied Saldana with pounds of methamphetamine on a monthly basis for further redistribution throughout Kalamazoo and Van Buren counties. Ramirez-Luna used the U.S. Postal Service and the United Parcel Service to ship methamphetamine to Saldana and his coconspirators in west Michigan. Saldana coordinated receipt of the methamphetamine deliveries with Thomas Lee Cowley and Sheryl Ayad. After receiving the methamphetamine, Saldana distributed it among Thomas Lee Cowley, Michael Donnell Neeley, Justin Owen Smith, and others for further distribution in west Michigan. The conspiracy ended in December 2017 when federal law enforcement arrested eight of the nine coconspirators on a criminal complaint and executed search warrants at eight locations tied to the conspiracy. Over the course of its investigation, law enforcement intercepted over 11 pounds of crystal methamphetamine from the mail.
In addition to the methamphetamine conspiracy charge, the jury also found Neeley guilty of possession with intent to distribute marijuana and possession of a firearm after a previous felony conviction. These latter two charges stemmed from over two pounds of marijuana and a firearm found inside Neeley’s residence during a search on December 4, 2017. The methamphetamine conspiracy charge carries a mandatory minimum term of 10 years’ imprisonment up to a maximum term of life imprisonment. Neeley will be sentenced on September 24, 2018.
His coconspirators, Noel Franscisco Saldana, Jesus Manuel Ramirez-Luna, Thomas Lee Cowley, Sheryl Lynn Ayad, Thomas Lewillan Cowley, Jr., Justin Owen Smith, and David Leroy Strickler, each pled guilty prior to trail to the conspiracy charge and also face a minimum of ten years and up to life in prison. Robert Eugene Nichols pled guilty to lesser charges and faces up to 96 months in prison. These coconspirators are scheduled to be sentenced in July and August.
The investigation was led by the Drug Enforcement Administration and assisted by the U.S. Postal Inspection Service and the Kalamazoo Valley Enforcement Team and the Southwest Enforcement Team, two state-based multijurisdictional narcotics task forces. Dubbed "Operation Crystal Misery," the investigation was part of the U.S. Department of Justice’s Organized Crime Drug Enforcement Task Forces (OCDETF) Program. Established in 1982, the OCDETF Program is designed to disrupt and dismantle major drug trafficking and money laundering organizations and related criminal enterprises by leveraging the resources and unique expertise of numerous federal agencies in a coordinated attack.
Assistant United States Attorneys Joel S. Fauson and Stephen P. Baker are handling the prosecution.
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18 Defendants Sentenced in Bank Card SchemeRead the Press Release
Tirrell Thomas, the Michigan leader of the scheme, sent to prison for 102 months
GRAND RAPIDS, MICHIGAN — Tirrell Perry Thomas, the Michigan leader of a scheme to defraud Bank of America, was sentenced to 102 months (8.5 years) in federal prison as part of an ongoing multi-state investigation that has resulted in felony convictions for 18 participants, U.S. Attorney Andrew Birge announced today. The Honorable Paul L. Maloney, U.S. District Judge, sentenced Thomas and the other defendants for their involvement in the bank card fraud scheme, which sought to obtain more than $780,000 from Bank of America and resulted in losses totaling $455,709. This is Thomas’s third federal felony conviction. He was convicted of federal drug trafficking offenses in 1999 and 2007.
The following defendants were sentenced for their respective roles in the fraud scheme, including accountholders who opened or used Bank of America accounts to accept fraudulent check deposits and then make fraudulent withdrawals at banks and casinos, mid-level recruiters who accompanied and
directed accountholders on trips to open bank accounts and withdraw funds, and the leaders and organizers of the scheme, who collected and divided the fraud proceeds:- Tirrell Perry Thomas (Kalamazoo): 102 months in prison
- Earl Lee Cobb IV (Chicago): 78 months in prison
- Nickolas Maurice Fry (Kalamazoo): 41 months in prison, plus an additional 13 months in prison for a related federal supervised release violation
- Jerome Datra Perry (South Haven): 15 months in prison
- Josiah Nathan Preston (Wyoming): 14 months in prison
- Kyle Dwayne Mosley (Kalamazoo): 14 months in prison
- James Langford (South Haven): 12 months and one day in prison
- Darmesha Lakeya Gunn (Parchment): 11 months in prison
- Dwayne Edward Perry (Grand Rapids): 8 months in prison
- Tiffany Danielle Sanders (Sturgis): 4 months in prison
- Elnora Snipes (South Haven): 3 months in prison
- Desiree Analiese Winfield (Kalamazoo): 2 months in prison
- Antoine Naivon Younger (Kalamazoo): 1 month in prison
- Brenda Marie Davis (Kalamazoo): 1 day in prison
- Sean Allen Haney (Grand Rapids): 3 years of probation
- Kelsey Alice Thompson (Grand Rapids): 2 years of probation
- Kevin Lavelle Hunter II (Kalamazoo): 2 years of probation
- Crystal Kaye Pugh (Norton Shores): 2 years of probation
In addition to the prison and probation sentences, each defendant sentenced to prison will serve a period of supervised release after their custodial sentence, and each defendant was ordered to pay restitution to Bank of America ranging from $8,027 to $455,709, depending on the amount of actual
loss for which they were held responsible.The sentencings follow a 28-count indictment that was returned by a grand jury in August 2017 alleging that 19 people participated in a conspiracy to defraud Bank of America in November and December 2015. The fraud was accomplished by using debit cards to withdraw funds from ATMs and
casinos in Michigan, which had been fraudulently deposited into the bank accounts in Illinois, by Chicago co-conspirator Earl Lee Cobb IV. Eighteen defendants pled guilty to at least one count in the indictment and one defendant, an accountholder, was allowed to enter a period of pretrial
diversion, a form of probation without entry of a guilty plea.This matter was investigated by the Detroit Division of the Federal Bureau of Investigation and the U.S. Postal Inspection Service in Chicago, with assistance from the Nottawaseppi Huron Band of Potawatomi Tribal Police Department. The case was prosecuted by Assistant U.S. Attorneys Kate Zell and Christopher O’Connor.
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Kalamazoo-Area Man Sentenced to 25 Years in Federal Prison for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Brandon Jacob Cochran, 26, formerly from Portage, Michigan, was sentenced to 25 years in federal prison for producing child pornography, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Janet T. Neff imposed a 10-year term of supervised release that will commence once Cochran is released from imprisonment. Cochran will also be required to register as a sexual offender.
Cochran pled guilty on February 5, 2018. He admitted that he had molested and digitally penetrated a three-year-old child, and he had used his cellphone to photograph the abuse. In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of a lengthy sentence, emphasizing that the victim in this case was only three years old and particularly vulnerable to Cochran’s predation. Moreover, Cochran had a history of sexually abusive conduct, and he had amassed a sizable collection of child pornography in addition to the images he created. The government argued that a lengthy sentence was needed both to protect the public and “to reflect the gravity and seriousness of the defendant’s crimes, to promote respect for the law, and to justly punish the defendant.”
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Detroit and Cleveland Divisions of the Federal Bureau of Investigation (FBI), Portage Police Department, and Michigan State Police investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Grand Jury Returns Indictment Against Wilson Resident for Assaulting Federal OfficersRead the Press Release
MARQUETTE, MICHIGAN — United States Attorney Andrew Birge announced today that Connie Margaret Metzger, a resident of Wilson, Michigan, has been indicted by a grand jury and charged with two counts of assaulting a federal officer.
The indictment alleges that on October 7, 2017, Metzger used a dangerous weapon, her vehicle, to forcibly assault, resist, oppose, impede and interfere with a Hannahville Tribal Police Officer while he was engaged in the performance of his official duties. The indictment further alleges that, on the same date, Metzger punched a Michigan State Trooper while he was engaged in the performance of his official duties.
If convicted, Metzger faces up to 20 years in federal prison on Count 1 of the indictment and up to eight years in federal prison on Count 2 of the indictment.
This matter was investigated by the Hannahville Tribal Police and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Hannah N. Bobee.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Grand Jury Returns Indictment Against Wilson Resident for Assaulting Federal OfficerRead the Press Release
MARQUETTE, MICHIGAN — United States Attorney Andrew Birge announced today that Margaret Sue Hardwick, a resident of Wilson, Michigan, has been indicted by a grand jury and charged with assaulting a federal officer.
The indictment alleges that on October 7, 2017, Hardwick forcibly assaulted, resisted, opposed, impeded and interfered with a Hannahville Tribal Police Officer while he was engaged in the performance of his official duties by punching him in the face.
If convicted, Hardwick faces up to eight years in federal prison and a $250,000 fine.
This matter was investigated by the Hannahville Tribal Police and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Hannah N. Bobee.
The charges in an indictment are merely accusations, and a defendant is presumed innocent until and unless proven guilty in a court of law.
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Muskegon Man Sentenced to 30 Years in Federal Prison for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Eric Matthew Will, 35, of Muskegon, Michigan was sentenced to 30 years in federal prison for producing child pornography, U.S. Attorney Andrew Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a 20-year term of supervised release that will commence once Will is released from imprisonment. Will will also be required to register as a sexual offender.
Will pled guilty on January 2, 2018. He admitted that he had created pornographic images and videos of a 14-year-old child and then sent them to others via the Internet. One of the people to whom Will sent child pornography was an undercover officer, and Will was arrested days after he did so.
In its sentencing memorandum, the U.S. Attorney’s Office argued in favor of the thirty-year sentence and pointed out that Will had sexually abused and exploited the victim for years. In addition, Will had tried to sell his collection of child pornography to the undercover officer for $1,000. "Crimes involving the sexual exploitation of children are among the most serious offenses there are," and the victim in this case "was particularly vulnerable." At sentencing, the United States emphasized the need to protect the community and punish Will, and it argued that a 30-year sentence was necessary and appropriate to achieve the goals of sentencing. Judge Maloney agreed, noting that Will’s case was the worst case he had seen in 20 years on the bench.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Department of Homeland Security, Homeland Security Investigations (HSI) investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Kalamazoo Man Sentenced to 30 Years for Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN - Adam Robert Hassell, 26, of Kalamazoo, was sentenced to 30 years in prison for producing child pornography, U.S. Attorney Andrew Birge announced. In addition, U.S. District Judge Paul Maloney imposed a twenty-year term of supervised release that will commence once Hassell is released from prison. Hassell will also have to pay $5,100 in special assessments and will be required to register as a sex offender.
Hassell pleaded guilty in January 2018 to sexual exploitation of a child, i.e., production of child pornography. Hassell came to law enforcement attention in January 2017 when investigators discovered that someone at Hassell’s IP address was sharing child pornography via peer-to-peer file sharing software. In April 2017, investigators executed a search warrant at his residence and discovered thumbnail images of a nude eight-month-old infant on the SD card of Hassell’s cellphone. Hassell admitted taking, but then deleting, the images. The investigation revealed that he actually produced images involving lascivious displays of the infant and possessed sadistic images of the exploitation of other minors. Hassell ultimately admitted having a sexual interest in children and seeking child pornography online as a way to manage his urges.
At sentencing, the mother of the infant expressed the emotional and psychological toll the case had taken on her, and described Hassell’s crime as “an act of evil and an act of terror to all mothers.” In sentencing Hassell, Judge Maloney noted, “when you exploit children, the crime is serious and it needs to be addressed with a serious sentence.”
“This prosecution represents the commitment of my office to the protection of children and the punishment of child predators,” said U.S. Attorney Birge.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Alexis M. Sanford prosecuted the case.
The DEA Partners with State and Local Law Enforcement to Take Back Unwanted Prescription Drugs on April 28Read the Press Release
DETROIT – On Saturday, April 28, from 10 a.m. to 2 p.m. State and local law enforcement agencies and the Drug Enforcement Administration will give the public its 15th opportunity in 7 years to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Bring your pills for disposal to any participating precinct, office or department. (The DEA cannot accept liquids or needles or sharps, only pills or patches.) The service is free and anonymous, no questions asked.
Last fall Americans turned in 456 tons (912,000 pounds) of prescription drugs at more than 5,300 sites operated by the DEA and almost 4,300 of its state and local law enforcement partners. Overall, in its 14 previous Take Back events, DEA and its partners have taken in more than 9 million pounds—more than 4,500 tons—of pills.
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. The Substance Abuse and Mental Health Services Administration’s National Survey on Drug Use and Health shows year after year that the majority of misused and abused prescription drugs are obtained from family and friends, including someone else’s medication being stolen from the home medicine cabinet. In addition, Americans are now advised that their usual methods for disposing of unused medicines—flushing them down the toilet or throwing them in the trash—both pose potential safety and health hazards.
For more information about the disposal of prescription drugs, disposal locations or about the April 28 Take Back Day event, go to www.DEATakeBack.com.
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Long-Time U.P. Gasoline Vendor Sentenced to Prison for Bankruptcy FraudRead the Press Release
MARQUETTE, MICHIGAN - U.S. Attorney Andrew Birge announced today that David Louis Vernier, age 64, of Ishpeming, was sentenced to 45 months in federal prison followed by 3 years of supervised release for committing bankruptcy fraud. The sentence was imposed by Chief Judge Robert J. Jonker of the U.S. District Court.
David Vernier, the father of Brooke Vernier, came to the attention of special agents of the FBI as they investigated the younger Vernier’s involvement in a $145,000,000 check-kiting scheme that she executed in 2012. Brooke Vernier, the owner of numerous gas stations in the U.P., circulated a huge number of bad checks amongst seven different corporate bank accounts at three different banks in 2012, thus temporarily leading the banks’ accounting systems to erroneously conclude that her accounts held more money than was actually there. When the fraud was discovered, the banks had suffered a loss of more than $1.7 million. She was subsequently convicted of conspiracy to commit bank fraud, sentenced to 18 months in federal prison, and ordered to pay $1,780,232 in restitution to the banks.
Now David Vernier, Brooke’s father, is also headed to federal prison. FBI agents learned that David Vernier ran a number of gas stations in the U.P. in the 2000s, but had fallen into debt. In October 2010, he filed for bankruptcy, claiming to have no real property, no income, no interests in any businesses and more than $3 million in debts. The FBI’s investigation revealed that Vernier was actually involved in running his daughter’s businesses and being paid by them. The FBI also found that he had lied not only in his original bankruptcy petition, but also during subsequent bankruptcy proceedings and in testimony he gave in a related deposition. The investigation showed that he was fraudulently attempting to discharge his more than $3 million in debts while, at the same time, secretly retaining his assets and interests in various businesses.
Vernier’s request to have his debts discharged were denied by Chief Judge Scott W. Dales of the U.S. Bankruptcy Court in May 2012 because Vernier had failed to retain business records that would have allowed the Bankruptcy Court to thoroughly analyze his financial condition. In denying Vernier’s request for bankruptcy relief, Judge Dales asked, "does anybody have a good handle on who owns what . . . or is everything just hopelessly scrambled?" During Vernier’s sentencing on April 19, 2018, Chief Judge Jonker concluded that Vernier scrambled his finances and destroyed records as part of a conscious business plan to defraud his creditors. Chief Judge Jonker also found that Mr. Vernier’s wrongdoing was sustained over a long period of time.
U.S. Attorney Birge commented that: "The bankruptcy process is intended to help honest but unfortunate debtors work with creditors to resolve crushing debt and hopefully get a new financial start on life. But Mr. Vernier tried to abuse the process and get his debts modified or set aside while hiding his true assets and business interests. That’s just another form of fraud. And the consequences for fraud in the federal system are serious, as he can now attest."
During the sentencing hearing, Vernier gave a 40-minute long statement to Chief Judge Jonker. Based on this statement, Chief Judge Jonker concluded that Vernier, despite pleading guilty to bankruptcy fraud, had not accepted responsibility for his crimes.
The case against Brooke Vernier and the subsequent case against David Vernier were investigated by the FBI and prosecuted by Assistant U.S. Attorney Maarten Vermaat.
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Couple Who Produced Child Pornography Get Decades in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN - U.S. Attorney Andrew Birge announced today that Sherri Smith and Joseph Williams were sentenced to 60 years and 80 years in prison, respectively, for their roles in exploiting multiple children to produce child pornography.
Smith, 48, of Osceola, Indiana, and Williams, 53, of Watervliet, were in a dating relationship and sexually exploited six children in their care and custody to produce multiple images of child pornography. The victims ranged in age from six months to fourteen years. Williams shared some of the images with an undercover police officer in Cincinnati via an encrypted messaging application, which led to their investigation and prosecution. Smith pleaded guilty on October 17, 2017 to two counts of production of child pornography. Williams pleaded guilty on December 7, 2017 to two counts of production of child pornography and one count of distribution of child pornography.
The government noted at sentencing that the behavior was depraved and represented ongoing, systemic, and horrific abuse of multiple children. Williams’s residence was, as Chief U.S. District Court Judge Robert Jonker agreed, a "child pornography house of horrors." In sentencing the defendants, Judge Jonker noted that this case was "truly, if not the worst, then one of the two or three worst cases" he had seen and described the images Smith and Williams produced as disgusting and difficult to view.
U.S. Attorney Birge stated, "This prosecution and sentence demonstrates that this kind of depravity will be prosecuted and punished to the fullest extent of the law. My office will not tolerate the abuse and exploitation of children."
"The significance of these sentences underscores the importance of keeping innocent children safe from predators. It is our hope that each of the victims in this case can gain a sense of closure and begin the healing process," said Timothy R. Slater, Special Agent in Charge, Detroit FBI. "The FBI is committed to the arrest and prosecution of anyone who engages in such horrific behavior that endangers some of the most vulnerable members of our society."
This case was investigated by FBI offices in Cincinnati, Ohio, St. Joseph, Michigan, and South Bend, Indiana. Assistant U.S. Attorney Alexis M. Sanford prosecuted the case and the U.S. Attorney’s Office for the Northern District of Indiana assisted in the investigation.
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Grand Rapids Man Sentenced in Student Loan and Tax Fraud ScamRead the Press Release
Brandon Kenon Rogers Gets Four Years in Federal Prison
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that U.S. District Judge Paul Maloney sentenced Brandon Kenon Rogers, 31, of Grand Rapids, to 48 months in prison and ordered him to pay $128,746.00 in restitution for committing student loan, grant and tax fraud.
Rogers pled guilty on November 28, 2017, and admitted that he defrauded the U.S. Department of Education by obtaining the identity information of others and posing as those individuals while applying online for Student Loans and Pell Grants in their names. He also enrolled online in local community colleges, including Grand Rapids Community College and Kalamazoo Valley Community College, using those same identities. Rogers used the loans and grant funds for his own purposes without actually attending the classes as required. Rogers also used the stolen identities to obtain fraudulent income tax refunds.
The government stressed at sentencing that, while taxpayers generously allow cash-strapped students to get loans and grants to better themselves with an education, news that this money lined the pockets of a criminal would undermine support for the programs that benefit others.
U.S. Attorney Birge stated that, "I hope Rogers’s prison sentence sends a message that this kind of fraud won’t be tolerated here. I intend to make West Michigan a place for fraudsters to avoid."
The Grand Rapids Community College Department of Public Safety, the U.S. Department of Education, Office of Inspector General, the Federal Bureau of Investigation and the Internal Revenue Service investigated this case. Prosecution of Rogers was handled by Timothy VerHey, Assistant United States Attorney.
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Justice Department Announces Nationwide Initiative to Combat Sexual Harassment in HousingRead the Press Release
WASHINGTON — Today, as the Department of Justice recognizes the 50th Anniversary of the Fair Housing Act, Attorney General Jeff Sessions announced the nationwide rollout of an initiative aimed at increasing awareness and reporting of sexual harassment in housing. The announcement includes an interagency task force between the Department of Housing and Urban Development (HUD) and the Justice Department to combat sexual harassment in housing, an outreach toolkit, and a public awareness campaign. This three-pronged approach will strengthen the Department’s efforts to combat sexual harassment in housing.
"Sexual harassment in housing is illegal, immoral, and unacceptable," said Attorney General Sessions. "It is all too common today, as too many landlords, managers, and their employees attempt to prey on vulnerable women. We will not hesitate to pursue these predators and enforce the law. In October, I ordered a new initiative to bring more of these cases, and we have already won relief for 15 victims. Today we announce three new steps to make the initiative more effective and to win more cases. I want to thank the dedicated and committed professionals in our Civil Rights Division and our partners in the Department of Housing and Urban Development for their hard work in this effort. We will continue to aggressively pursue harassers, because everyone has a right to be safe in their home."
"All discrimination stains the very fabric of our nation, but HUD is especially focused on protecting the right of everyone to feel safe and secure in their homes, free from unwanted sexual harassment," said Secretary Ben Carson. "No person should have to tolerate unwanted sexual advances in order to keep a roof over his or her head. Part of our mission at HUD is to provide safe housing and we will remain diligent in this mission to protect those we serve. I look forward to working with Attorney General Sessions and the Department of Justice as part of this task force to bring an end to this type of discrimination."
In October 2017, the Justice Department announced an initiative to combat sexual harassment in housing and launched pilot programs in D.C. and the Western District of Virginia. The initiative sought to increase the Department’s efforts to protect women from harassment by landlords, property managers, maintenance workers, security guards, and other employees and representatives of rental property owners. During the pilots, the Department developed and tested ways to better connect both with victims of sexual harassment in housing and with those organizations that victims may turn to first for help – including law enforcement, legal services providers, public housing authorities, sexual assault services providers, and shelters. The Department also tested certain aspects of the initiative in other jurisdictions, including New Jersey, the Central District of California, Massachusetts, Vermont, and Michigan.
The two pilot programs generated an upswing in harassment reporting to the Department from both D.C. and the Western District of Virginia. In D.C., the Department generated six leads since the October 2017 launch. In Virginia, the Department generated three leads. While the Justice Department recognizes that leads and investigations do not always lead to enforcement actions, the pilot program’s results—when extrapolated across all the U.S. Attorney’s Offices across the country—could lead to hundreds of new reports of sexual harassment in housing across the country.
Because of these promising results, the Department is rolling out three major components to the Initiative.
First, the new HUD-DOJ Task Force to Combat Sexual Harassment in Housing will drive a shared strategy between the Department and HUD for combatting sexual harassment in housing across the country. It will focus on five key areas: continued data sharing and analysis, joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of federal policies.
Second, the outreach toolkit is designed to leverage the Justice Department’s nationwide network of U.S. Attorney’s Offices. The toolkit provides templates, guidance, and checklists based on pilot program feedback. It ultimately will amplify available enforcement resources and help victims of sexual harassment connect with the Department.
Third, the public awareness campaign has three major components: a partnership package with relevant stakeholders, launch of a social media campaign, and Public Service Announcements (PSAs) run by individual U.S. Attorney’s Offices. The campaign is specifically designed to raise awareness, and make it easier for victims all over the country to find resources and report harassment.
"No woman, in fact no one at all, should have to bear the unlawful burden of sexual harassment for something so fundamental as a place to call home. I encourage anyone in West Michigan who feels they may be such a victim to call our civil rights hotline at 616-808-2004 or one of the numbers listed for the office in Washington or for HUD", said Andrew Birge, United States Attorney for the Western District of Michigan.
More information about the Civil Rights Division and the civil rights laws it enforces is available at www.usdoj.gov/crt. Individuals who believe that they may have been victims of sexual harassment in housing should call the Department at 1-844-380-6178, send an e-mail to [email protected], or contact HUD at 1-800-669-9777. If you have information or questions about any other housing discrimination, you can contact the Department at 1-800-896-7743.
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Federal Jury Convicts Drug Dealer Who Sold Deadly Heroin and Will Receive Life in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Steven Craig Whyte, 29, of Kalamazoo, was convicted by a federal jury yesterday of five crimes, including conspiring to distribute heroin, possession of a firearm in furtherance of drug trafficking, and distribution of heroin resulting in death. Because Whyte was previously convicted of a drug distribution offense, he faces a mandatory life term at sentencing.
The evidence at trial demonstrated that from late 2015 through October 2016, Whyte conspired with other individuals to sell heroin in Kalamazoo, and to obtain firearms to protect the drugs and money received from selling it. In February 2016, during the execution of a search warrant at one of the homes used by Whyte, officers found heroin, drug packaging materials, and a firearm. Images from Whyte’s phone indicated that he utilized multiple firearms in aid of his drug trafficking. On October 15, 2016, Whyte sold heroin, via an intermediary, to Adam Boomers, 29, a life-long Portage, Michigan resident, who used it and then died.
"The opioid crisis is ravaging communities around the country, and West Michigan is no different," Birge said. "We grieve Adam’s loss with his family and with his community. The serious sentence in this case will send a message that the federal government will pursue those who deal deadly drugs to the fullest extent permissible under law."
"The DEA targets individuals like Whyte, who distribute poison and cause death in our communities. This case is an example of DEA’s focus on the worst offenders in West Michigan and the nation," said Timothy J. Plancon, Special Agent in Charge, Detroit Field Division.
"This conviction was a direct result of law enforcement’s efforts to focus on heroin dealers in the local communities," said Captain Brad Misner, Kalamazoo Valley Enforcement Team. "The community is safer today because of the hard work by so many involved; from the initial onset of the case, to the arrest and search warrants, to the eventual prosecution by the federal government. Mr. Whyte will no longer be able to push his product on individuals who are struggling with addiction and have fallen victim to this senseless drug."
This case was investigated by the Drug Enforcement Administration, Kalamazoo Valley Enforcement Team, and Kalamazoo Department of Public Safety. It was prosecuted by Assistant U.S. Attorneys Justin M. Presant and Stephen P. Baker.
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Muskegon Man Sentenced to 120 Months in Federal Prison for Drug and Firearm OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN – Jim Lee Walker III, 26, of Muskegon, Michigan, was sentenced to 120 months in federal prison for drug and firearm offenses, U.S. Attorney Andrew Byerly Birge announced today. In addition to the prison term, Chief U.S. District Judge Robert J. Jonker imposed a 3-year term of supervised release that will commence once Walker is released from imprisonment.
Walker pled guilty on November 1, 2017, to possessing a controlled substance with intent to distribute and using and carrying a firearm during and in relation to a drug trafficking crime. Walker came to the attention of the Muskegon Police Department on August 1, 2017, when officers encountered him sitting in a vehicle packaging marijuana for sale. Walker was armed with a stolen, loaded 9mm handgun and was in possession of a sizable stash of illegal drugs, including heroin, cocaine, and marijuana. Walker fled from police but was quickly apprehended. Walker had previously been convicted of three felonies.
At sentencing, the U.S. Attorney’s Office underscored the need to protect the Muskegon community from Walker’s ongoing criminal activity. In its sentencing memorandum, the U.S. Attorney’s Office contended that "the seriousness and dangerousness of defendant’s conduct is amplified by his history of violence and drug trafficking." Walker has convictions in 2011 for delivery/manufacture of marijuana and assaulting a police officer. Then in 2013, while he was on probation for these offenses, he approached an occupied home carrying a handgun, confronted a resident, and fired four shots into the front of the home, which resulted in his being convicted of assault with a dangerous weapon. In 2016, while he was on parole, Walker was again involved in a shooting incident. Shortly after his release from prison in June 2017, he started using cocaine. A month later, on July 20, 2017, he pointed a 9mm handgun at the head of a man seated in an automobile, and shortly thereafter he committed the crimes that brought him before the federal court for sentencing.
Birge stated that, "Walker’s sentence sends a clear message that drug trafficking and firearm offenses will be not be tolerated. My office and our federal, state, and local law enforcement partners will aggressively prosecute these cases to help make Muskegon a safer place."
The charges in this case are the result of a joint investigation by the Muskegon City Police Department, the Michigan State Police, and the Federal Bureau of Investigation (FBI). Assistant U.S. Attorney Sean M. Lewis prosecuted the case. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime and drug trafficking in the Muskegon area.
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Kalamazoo Man Sentenced to Nine Years in Federal Prison for Possessing A Firearm as A FelonRead the Press Release
GRAND RAPIDS, MICHIGAN —Damian Lamont Swindle, 38, of Kalamazoo, Michigan, was sentenced to 108 months in prison, following his conviction for unlawful possession of a firearm as a felon. In addition, U.S. District Judge Gordon J. Quist imposed a three-year term of supervised release that will begin when Swindle is release from prison.
In July 2017, during a late-night block party in a residential area of Kalamazoo, officers from the Kalamazoo Department of Public Safety (KDPS) attempted to arrest Swindle on existing warrants. Swindle resisted and struggled with three officers. The surrounding scene escalated as bottles were thrown at the officers and shots were fired nearby. Officers ultimately gained control over Swindle, at which point they recovered from his pant pocket a loaded 38-caliber revolver.
At the sentencing hearing, Judge Quist said that Swindle’s extensive criminal history was effectively "off the chart" in terms of scoring under the U.S. Sentencing Guidelines. Swindle has multiple prior felony convictions under state law for offenses including dangerous drugs, police officer fleeing, felony firearm, and assault with intent to do great bodily harm less than murder. The Judge identified several additional reasons for the nine-year prison term, including the seriousness and circumstances of the offense, the need to deter Swindle from future criminal conduct, and the need to protect the public.
U.S. Attorney Andrew Birge said that a long sentence was particularly important here, where "after multiple felony convictions and prison sentences, the defendant still carried a loaded gun." U.S. Attorney Birge said that the Court’s sentence affirms that, "inWestern Michigan, there are severe consequences for convicted felons who violate federal firearms laws." "Given the heightened danger caused by Swindle’s resistance to arrest in a crowd of people late at night, the loaded revolver in Swindle’s pocket, the shots fired nearby, and the items that were thrown at the police officers, it is incredibly fortunate that nobody was hurt that night."
The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) work closely with the Kalamazoo Department of Public Safety to identify offenders like Swindle, whose prior convictions, history of violence, or involvement in group violence warrant federal prosecution. "Damian Swindle had the opportunity to turn his life around and become a productive member of society," said ATF Special Agent in Charge James Deir. "Instead he choose to continue to break the law and his actions threatened the safety of innocent people. ATF will continue to work with our law enforcement partners to bring dangerous criminals to justice so citizens can feel safe in their communities."
KDPS Criminal Investigation Division Captain Shannon Bagley noted that "the resolution of Swindle’s case and his lengthy federal sentence is a testament to the long term partnership KDPS has been able to sustain with the US Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. With the collaboration between the agencies, a violent felon has been taken off our streets which directly affects the safety of Kalamazoo Citizens."
Assistant U.S. Attorney Kate Zell prosecuted the case.
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Grand Rapids Man Sentenced to 188 Months in Federal Prison for Firearms OffenseRead the Press Release
GRAND RAPIDS, MICHIGAN – Ralph Lamont Blevins, 39, of Grand Rapids, Michigan was sentenced to 188 months (15 years, 8 months) in federal prison for illegally possessing firearms and ammunition as a convicted felon, U.S. Attorney Andrew B. Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a 4-year term of supervised release that will commence once Blevins is released from imprisonment.
Blevins pled guilty on October 31, 2017, to one count of being a felon in possession of firearms and ammunition. Blevins came to the attention of law enforcement in the Summer of 2017, when he had sold crack cocaine to a police informant. Police quickly moved in and executed a search warrant at Blevins’ home. They found numerous firearms, ammunition, drug paraphernalia, cash, and marijuana. Blevins had previously been convicted of more than a half dozen felonies, including violent crimes, drug offenses, and weapons offenses. He qualified for enhanced penalties under the Armed Career Criminal Act because of his extensive criminal history.
In its sentencing memorandum, the U.S. Attorney’s Office underscored Blevins’ long criminal history and emphasized the need to protect the public. “The defendant is a 39-year old with adult convictions for drugs, violence, and illegal possession of a firearm. Unfortunately, his prior convictions and periods of incarceration have not deterred him from further criminality.” His decision to maintain “a heavily guarded drug operation in the middle of Grand Rapids posed a significant risk to the community. The toxic mix of drugs and firearms could have easily led to the loss of life by officers, innocent bystanders, or even the defendant himself.”
U.S. Attorney Birge stated: “My office and our law enforcement partners will aggressively prosecute repeat offenders, and the penalties for engaging in narcotics trafficking while armed with firearms will be appropriately severe.”
The charges in this case are the result of a joint investigation by the Kent Area Narcotics Enforcement Team (KANET), the Grand Rapids Police Department, and the Bureau of Alcohol, Tobacco, and Firearms (ATF). Assistant U.S. Attorney Sean M. Lewis prosecuted the case. The U.S. Attorney's Office and federal, state, and local law enforcement are working closely together to combat violent crime in the Grand Rapids area.
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United States Attorney's Office Addresses Opioid EpidemicRead the Press Release
As part of his office’s “prevention, preservation and prosecution” efforts, U.S. Attorney Andrew Birge encouraged the public to attend an upcoming community presentation at Grandville Public High School and announced the arrival in West Michigan of additional resources for the Drug Enforcement Administration.
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge invited the media to meet today with him and several partners from the community and law enforcement on how they are addressing the opioid crisis.
“It’s a matter of saving lives,” U.S. Attorney Birge declared as he recounted the staggering statistics recently released:
• Since 2009, drug overdose deaths have outpaced traffic accidents as the leading cause of injury death in the United States.
• Life expectancy in the United States dropped for two years in a row after more than a century of steady progress.
• The number of children admitted to hospitals for opioid overdose has nearly doubled since 2004, according to a study recently published in the journal Pediatrics.
• More people died of an overdose in 2016 than ever before-- and more than died in the entire Vietnam War.
• The Centers for Disease Control identified Michigan as one of the states experiencing a significant increase in its drug overdose death rates through 2016; and up over 24% for women just last year, according to the United Health Foundation.
• Emergency Department visits for opioid overdoses rose 30% in all parts of the country from July of 2016 through September of 2017. Opioid overdoses were up 70% in the Midwest during that period.
• Preliminary numbers from the Medical Examiner in Kent County for 2017 indicate that we lost at least 137 community members in this County to drug overdose deaths—a 50% increase over the preceding year, with more cases pending.
U.S. Attorney Birge explained: “We also know that this trend started with prescription drugs. Addiction to these drugs leads to heroin and worse, including fentanyl bought off the street. About 80% of heroin users report using prescription drugs prior to heroin.”
U.S. Attorney Birge then discussed the three ways his office is addressing the epidemic:
• Prevention, educating the public and community members—especially our youngest—to discourage the new use of these dangerous drugs;
• Preservation, furthering information about what can be done to protect those currently suffering from Substance Abuse disorders, teaming with medical and treatment professionals and those that provide overdose antidotes to the community; and
• Prosecution, investigating and charging those that would profit from the spread of these dangerous substances in our community.
In the area of prevention, the U.S. Attorney’s Office is teaming with Grandville Public Schools to host a community presentation on the epidemic in the Grandville High School Auditorium on March 19, 2018. “I cannot stress enough how important it is for parents and teenagers to understand this epidemic. Teenagers learn and grow by making the occasional poor choice, but they can’t afford to make poor choices with opioids,” explained U.S. Attorney Birge.
The Superintendent of Grandville Public Schools, Roger Bearup, spoke with the media about the upcoming presentation and discussion. “Grandville Public Schools is honored to partner with our state and national officials to provide this opportunity to raise public awareness of this very unfortunate crisis that plagues West Michigan and our country,” he offered. In addition, Grandville Police Chief, Dan Steere, addressed the effect that opioids have had in his community.
As for preserving the lives of those caught in the addiction spiral, Dr. Jeanne Kapenga talked about Families Against Narcotics (FAN) and how FAN educates the public and provides support for families facing addiction. Dr. Kapenga will also present about the basics of addiction and recovery at the Grandville event.
“My office, of course, enforces the law,” U.S. Attorney Birge said. “Enforcing the law deters the suppliers and saves lives.” He gave as an example his office’s prosecution last year of a physician from Albion, Dr. Horace Davis, for illegally prescribing opioid painkillers and committing healthcare fraud. And he highlighted the heroin trafficking conspiracy his office charged last fall against 28 people. “We used the tools at our disposal to build that case, including wiretaps and the secrecy of the grand jury. During the initial takedown, we seized over 21 kilograms of heroin, over 13 kilograms of cocaine and over $1.3M in cash.” He added that his office prosecuted 50% more heroin cases and defendants last year than the year before and that he expects that rate to keep rising. “The federal penalties for drug trafficking are heavy; trafficking offenses can carry mandatory minimum penalties of five, ten, and twenty years and even life in prison, depending on the amount of drugs involved and criminal history. So my message for those who would turn people into addicts or take advantage of those who are already addicted, is the following: we’re going to use every tool we have to come looking for you and to prove your guilt and the federal sentences you will face if convicted are severe.
On the subject of enforcement, Bruce McColley, the Assistant Special Agent in Charge of the Detroit Field Office of the Drug Enforcement Administration, and Cathy Gallagher, the Detroit Diversion Program Manager, addressed additional resources the DEA is bringing to West Michigan. The Grand Rapids office of the DEA will have more agents installed to investigate diversion of prescription drugs to non-medical uses, which fuels the epidemic. U.S. Attorney Birge explained that the additional resources “will substantially improve our ability to deter and prevent prescription drugs from ending up in the wrong hands.”
Link to:
Flyer - 2018 OPIOID Summit at Grandville Public SchoolsEND
Andrew Birge Appointed by the Court to Continue Serving as United States AttorneyRead the Press Release
GRAND RAPIDS, MICHIGAN - Andrew Byerly Birge, who has led the U.S. Attorney’s Office for the last 14 months, has been appointed by the U.S. District Court to continue leading the Office. In an order signed yesterday afternoon, Chief U.S. District Court Judge Robert J. Jonker announced:
"Upon the unanimous vote of the Court, the Court exercises its authority . . . and appoints Andrew Byerly Birge to be United States Attorney for the Western District of Michigan, effective immediately upon expiration of Mr. Birge's existing appointment . . . and continuing until the President fills the position with a nominee confirmed by the United States Senate."
Mr. Birge initially assumed the duties of Acting U.S. Attorney by operation of law following Patrick Miles, Jr.’s resignation in January of 2017. Attorney General Jefferson B. Sessions appointed Mr. Birge interim U.S. Attorney in November for a period of 120 days or until the President nominates and the Senate confirms a successor, whichever is shorter—which is the limit of the Attorney General’s authority. That 120-day period expires this week. Whenever an Attorney General’s authority expires, the Court must appoint a U.S. Attorney.
Mr. Birge’s job has been to carry out effectively the priorities of the Department of Justice in West Michigan. Today, he vowed to continue the efforts he began last year. "Attorney General Sessions has identified violent crime, the opioid epidemic and the enforcement of criminal immigration law as our prime concerns. I am pleased to report that last year my office increased the number of firearm cases and defendants prosecuted by over 65%, increased drug cases prosecuted by 30% and increased the overall number of cases prosecuted by over 12%." Mr. Birge noted that the Attorney General in December awarded his office an additional full time prosecutor position to address violent crime in the district. "Federal, state, local and Tribal law enforcement agencies work very well together in West Michigan, which allows us to be particularly effective." He explained that criminal immigration prosecutions, which typically involve aliens with prior records and those involved in document fraud, historically comprise about 25% of the office’s caseload. He expects his office will bring about the same number of those cases this year as last year. "But these focus areas obviously don’t mean a holiday for those who commit other crimes. For example, we will continue to actively pursue white collar criminal activity as well as all manner of crimes arising on Tribal lands."
Among many outreach efforts, the office is advancing a public information campaign to stem the tide of the opioid epidemic. "When we prosecute, we are addressing the supply of drugs. But we also need to address the demand. And we do that through these public information campaigns to hopefully prevent future addiction and help those who are already addicted." Mr. Birge identified other outreach activities as well. "I meet as often as I can with community leaders to facilitate mutual understanding and build trust in law enforcement. If residents don’t trust law enforcement, we can’t succeed in making their community safer."
Mr. Birge knows his office well. He previously served for over nine years as the First Assistant, the senior-most management position in the office. A First Assistant functions as the chief advisor to the U.S. Attorney and oversees the office’s civil and criminal litigation as well as its administrative operations. U.S. Attorney Charles Gross first tapped him for the role in May of 2007, under then-President George W. Bush’s administration. U.S. Attorneys Donald A. Davis and Patrick Miles each subsequently asked him to continue serving in that capacity. Mr. Birge has been with the U.S. Attorney’s Office for over 17 years and an attorney for over 23 years. Before he served as the First Assistant, he oversaw the office’s appellate practice and handled all manner of criminal cases.
"When I assumed leadership of the office last year, I noted that I take great pride in what we do. This office has remarkably dedicated and talented attorneys and staff. They are the story behind this office’s success."
Mr. Birge began his legal career as a law clerk to the late Chief U.S. District Court Judge Richard A. Enslen, in Kalamazoo, Michigan. He obtained his law degree from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. He obtained his Bachelor of Arts degree from Carleton College, where he graduated cum laude and with Distinction as a history major.
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Kalamazoo Man Sentenced to Fifteen Years in Federal Prison for Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN — Dennis Scott Kent, 54, of Kalamazoo, Michigan, was sentenced to 180 months (15 years) in federal prison for possessing child pornography, U.S. Attorney Andrew Birge announced. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a ten-year term of supervised release that will commence once Kent is released from imprisonment. Kent will also be required to register as a sexual offender.
Kent pled guilty on October 23, 2017, to possessing child pornography. He came to the attention of law enforcement in February 2017, after his landlord discovered child pornography while evicting Kent from an apartment. Police subsequently discovered a significant collection of child pornography while searching Kent’s computer. The material depicted young children engaged in sex acts, as well as prepubescent children being bound and gagged. Further investigation revealed that Kent had a prior conviction for Criminal Sexual Conduct – Third Degree. The conduct underlying that conviction spanned years and involved a vulnerable minor victim. The defendant was released from prison in 2003, but he violated his parole in 2004 by committing another predatory offense.
At sentencing, the U.S. Attorney’s Office stressed the need to protect the public from Kent. In its sentencing memorandum, the U.S. Attorney’s Office wrote: "The possession of child pornography is a very serious offense in any case, and it is all-the-more serious in this case given the defendant’s history. The possession, receipt, transportation, and distribution of child pornography perpetuates the harm to the victims depicted in images, validates and normalizes the sexual exploitation of children, and fuels a market, thereby leading to further production of images."
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Federal Bureau of Investigation (FBI), Kalamazoo County Sheriff’s Office, and Michigan State Police Computer Crimes Unit investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Michigan and Georgia Women Sentenced for Defrauding the IRSRead the Press Release
The Defendants Pled Guilty to Conspiring to Defraud the United States Resulting in Nearly $200,000 in Fraudulent Federal Tax Refunds
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Sara Dechaune Harper (formerly, Sara Dechaune Chatmon), a 42-year-old resident of Lawrenceville, Georgia, was sentenced to 18 months in federal prison, and Amika Diane Gordon, a 41-year-old resident of Lansing, Michigan, was sentenced to 18 months in prison, for their roles in a conspiracy to defraud the Internal Revenue Service ("IRS"). The defendants also were ordered to pay back $199,263 that was fraudulently obtained from the U.S. Treasury during the course of the conspiracy. Chief United States District Judge Robert J. Jonker imposed the sentences.
A federal grand jury indicted Harper and Gordon in 2017 and charged both defendants with Conspiracy to Defraud the United States, a five-year felony offense. The indictment alleged that Harper and Gordon, along with other co-conspirators, agreed to file fraudulent corporate tax returns with the IRS between 2010 and 2014. The defendants were accused of creating sham business entities that sought fraudulent tax credits for fuel that was never purchased or used by those businesses.
At their sentencing hearings this week, the government proved that the members of the conspiracy filed 35 false corporate tax returns on behalf of 10 different companies that fraudulently sought more than $360,000 in federal tax refunds. The IRS successfully detected 13 of the fraudulent returns before issuing refunds to the businesses, but the fraud resulted in $199,263 in refunds being issued by the U.S. Treasury. Both defendants, in addition to serving their prison sentences and three years of supervised release, will be responsible for repaying the entire loss suffered by the U.S. Treasury as a result of the conspiracy.
U.S. Attorney Birge warned, "As businesses and individuals prepare their federal tax returns this year, they should think long and hard before attempting to falsely claim tax credits and refunds they know they are not entitled to receive. This case demonstrates that those who file false or fraudulent tax returns face prison sentences and potentially a lifetime of debt to the United States."
"Although tax cheats are planning and scheming the entire year, taxpayers need to be especially vigilant during the tax filing season, which is in full swing," stated Special Agent in Charge Manny J. Muriel, IRS Criminal Investigation. "The scheme committed by Harper and Gordon is just one example of how criminals attempt to steal from the nation’s taxpayers, but they should know IRS Criminal Investigation Special Agents are on their heels. The sentences handed down in this case should serve as notice to others of the consequences should they want to press their luck and commit, or attempt to commit, any variation of tax fraud."
This matter was investigated by IRS Criminal Investigation and prosecuted by Assistant U.S. Attorney Christopher O’Connor.
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Grand Rapids Man Pleads Guilty to Credit Card Fraud and Aggravated Identity TheftRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced that Kahwahnas Nucumbhi Potts, age 38, of Grand Rapids, Michigan, pled guilty to charges of aggravated identity theft and credit card fraud in U.S. District Court in Grand Rapids today. Potts remains in federal custody.
According to the plea agreement, in December 2015, Potts stole a credit card after breaking into the home of a couple on the southeast side of Grand Rapids. Potts used the social security account number and date of birth of the homeowner when calling the credit card company to activate the card. Defendant used that credit card without authorization to withdraw over $16,000.00 at automated teller machines in December 2015 and January 2016. Defendant disguised himself with a mask, a stolen license plate on his vehicle, and gloves, when making the ATM withdrawals.
Potts stole mail from the mailboxes of West Michigan residents between March 2015 and April 2016. He used the names, dates of birth and social security account numbers of these victims when completing credit card applications over the internet. In an effort to avoid detection, he accessed the wireless internet service of an area business to apply for the credit cards using his cellular phone and directed the credit card companies to mail the credit cards to a fictitious address.
"Identity theft crime often causes serious and permanent damage to the credit history and financial lives of its victims," said U.S. Attorney Birge. "My office will continue to vigorously prosecute and convict those who commit identity theft, especially those who violate the privacy and integrity of the United States mail in order to carry out their identity theft schemes."
The sentencing hearing for Potts will occur in federal court in Grand Rapids, Michigan, at a date to be set by the court approximately 3 to 4 months from now. At that time, Potts will face a maximum penalty of up to 10 years’ imprisonment for his credit card fraud and a mandatory minimum penalty of 2 years’ imprisonment, consecutive to any other sentence that the court may impose, for each of his aggravated identity theft convictions. Potts will also be ordered to pay restitution to his victims.
The Grand Rapids Office of the U.S. Postal Inspection Service, in conjunction with the Grand Rapids Police Department Metropolitan Fraud and Identity Theft Team, is handling the investigation. Assistant U.S. Attorney Ronald M. Stella is prosecuting the case.
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Wilson Man Sentenced to 24 Years in Federal Prison for Sexual Abuse of A Child Under 12 YearsRead the Press Release
MARQUETTE, MICHIGAN - Patrick Roy Wandahsega, 40, of Wilson, Michigan, was sentenced to 288 months (24 years) imprisonment for engaging in sexual contact with a child under 12 years of age, U.S. Attorney Andrew Birge announced today.
The charge arose from an incident in December 2015, in which Wandahsega sexually abused a six-year-old child at his home on the Hannahville reservation. Hannahville law enforcement became aware of the incident when the victim reported the abuse to relatives and later a physician. After an extensive investigation, a federal grand jury indicted Wandahsega on two counts – the first charging Aggravated Sexual Abuse of a Child and the second charging, Abusive Sexual Contact Involving Young Children. On October 27, 2017, after a four-day trial, the jury found Wandahsega guilty of the second charge. U.S. District Court Judge Paul L. Maloney rendered the sentence.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from sexual exploitation and abuse. The U.S. Attorney's Office, county and tribal prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Hannahville Tribal Police and the Federal Bureau of Investigation investigated the case. Assistant U.S. Attorneys Hannah N. Bobee and Paul D. Lochner prosecuted the case.
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Union Bookkeeper Who Embezzled More Than $300,000 Sentenced to Years in Federal PrisonRead the Press Release
Stephanie DeBoer Spent the Money on Credit Cards, Lingerie, Katy Perry Tickets
GRAND RAPIDS, MICHIGAN — Stephanie Marie DeBoer, 41, of Cedar Springs, Michigan, was sentenced on February 20, 2018, to four years in federal prison, U.S. Attorney Andrew Birge announced today. U.S. District Judge Paul L. Maloney imposed the sentence. Judge Maloney also ordered her to pay full restitution, and to serve a period of supervision after completing her prison term. DeBoer was the former office manager and bookkeeper of the International Brotherhood of Electrical Workers, Local 876, in Edmore, Michigan. Between 2012 and September 2015, DeBoer embezzled more than $307,000 from the union by writing unauthorized checks to herself and others, making unauthorized payroll deposits, sending money to pay her credit cards, and making unauthorized purchases. Among other things, DeBoer used more than $89,000 of the embezzled money to make payments on 16 different personal credit cards, and made more than $54,000 in unauthorized charges on two different union officers’ union-issued credit cards. The unauthorized charges included $907 for Katy Perry concert tickets and more than $5,000 in purchases from Victoria’s Secret.
“Stephanie DeBoer abused her fiduciary responsibility as the office manager and bookkeeper by embezzling more than $300,000 from the International Brotherhood of Electrical Workers - Local Union 876. We will continue to work with our federal and state law enforcement partners and the U.S. Department of Labor’s Office of Labor-Management Standards to safeguard the assets of union members,” said James Vanderberg, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
“Safeguarding union finances and combatting embezzlement of union funds in labor unions is a very high priority for the Department of Labor’s Office of Labor-Management Standards,” said Ian Burg, Detroit-Milwaukee District Director. “The embezzlement by Ms. DeBoer was significant, and the $307,563 she embezzled for her personal use was the equivalent of more than 15 percent of the union’s annual dues receipts and nearly 25 percent of its reported cash on hand. Today’s sentencing sends a clear message that OLMS will fully investigate and seek justice when anyone attempts to use their union position for personal financial gain.”
The case was investigated by the U.S. Department of Labor Office of Inspector General, and the Office of Labor Management Standards. It was prosecuted by Assistant U.S. Attorney Clay Stiffler.
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Grand Jury Returns Indictment Against Former Executive Director of the Calhoun Conservation DistrictRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Tracy Lynn Bronson, a resident of Marshall, Michigan, has been indicted by a grand jury and charged with five counts of theft concerning programs receiving federal funds.
The indictment alleges that Bronson, who was the Executive Director of the Calhoun Conservation District, embezzled more than $5,000 each year between 2014 and 2017 from that organization. The indictment states that in calendar years 2014, 2016, and 2017, the Calhoun Conservation District received benefits in excess of $10,000 from a federal program from the U.S. Environmental Protection Agency and/or the U.S. Fish & Wildlife Service. The indictment further alleges that, in each of those years, and during certain periods in 2015, Bronson issued a series of unauthorized checks to herself that were drawn on the Calhoun Conservation District’s credit union account. In total, Bronson allegedly withdrew, and attempted to withdraw, more than $500,000 between January 2014 and August 2017.
If convicted, Bronson faces up to 10 years in federal prison and a fine of $250,000 on each count.
This matter was investigated by the U.S. Environmental Protection Agency, Office of Inspector General; the U.S. Department of the Interior, Office of Inspector General; and the Michigan State Police. The case is being prosecuted by Assistant U.S. Attorney Christopher O’Connor.
The charges in an Indictment are merely accusations, and the defendant is presumed innocent until proven guilty in court.
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Kalamazoo-Area Man Pleads Guilty to Producing Child PornographyRead the Press Release
GRAND RAPIDS, MICHIGAN – Brandon Jacob Cochran, 26, formerly from Portage, Michigan, pled guilty before the Hon. Ellen S. Carmody, U.S. Magistrate Judge, to producing child pornography, U.S. Attorney Andrew Birge announced today. Cochran faces a minimum of 15 years and a maximum of 30 years of imprisonment, and he will be required to serve a term of supervised release after his prison term has been completed. Cochran will also be required to register as a sexual offender. U.S. District Judge Janet T. Neff will sentence Cochran on a date to be scheduled by the Court.
Cochran admitted at the plea hearing that he used his cellphone to create pornographic images of a three-year-old child at a home in Kalamazoo County. The conduct occurred in July 2015. Cochran admitted that he photographed himself sexually abusing the young child. Law enforcement later learned of the conduct and searched Cochran’s cellphone. Cochran was arrested in November 2017, and he has remained in custody since that time. He will remain in jail pending sentencing.
This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The U.S. Attorney's Office, county prosecutor's offices, the Internet Crimes Against Children task force (ICAC), federal, state, tribal, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov. Individuals with information or concerns about possible child exploitation should contact local law enforcement officials.
The Detroit and Cleveland Divisions of the Federal Bureau of Investigation (FBI), Portage Police Department, and Michigan State Police investigated the case. Assistant U.S. Attorney Sean M. Lewis prosecuted the case.
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Berrien County Resident Charged with Federal Tax EvasionRead the Press Release
Lori Lynn Pawielski admits embezzling more than $1.9 million and failing to pay $511,433 in federal income tax
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Lori Lynn Pawielski, a resident of Buchanan, Michigan, has been charged with tax evasion. Pawielski has agreed to plead guilty to one count of attempting to evade or defeat tax and pay the Internal Revenue Service additional tax due and owing for tax years 2009 through 2015.
In a Felony Information filed in federal court, the government alleged that, in March 2016, Pawielski willfully attempted to evade and defeat income tax due and owing to the United States for calendar year 2015 by preparing and signing a false and fraudulent Form 1040 tax return. The charge alleges that the Form 1040 tax return falsely claimed that her taxable income was $149,160 when in fact it was $330,166. The charge also alleges that the tax due and owing for calendar year 2015 was $84,516, not $28,941 as reported on the tax return.
If convicted, Pawielski faces up to five years in federal prison and a fine of $250,000.
In a written plea agreement filed with the Court, Pawielski admitted embezzling more than $1.9 million from her former employer between 2009 and 2016 by writing 271 checks to herself without her employer’s authorization. She further admitted that she concealed her embezzlement by altering the company’s accounting software to make it appear those checks were issued to suppliers. Pawielski admitted that she failed to report the additional income to the IRS on her 2009-2015 federal tax returns. She has agreed to pay restitution to the IRS, currently estimated at $511,433, and restitution to her former employer in the amount of $1,962,611.
This matter was investigated by the Internal Revenue Service Criminal Investigation division and is being prosecuted by Assistant U.S. Attorney Christopher O’Connor.
An arraignment and plea hearing is scheduled for February 15, 2018. The charge in a felony information is merely an accusation, and the defendant is presumed innocent until proven guilty in court.
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Grand Rapids Man Indicted for Possession of Stolen Mail, Credit Card Fraud, and Aggravated Identity TheftRead the Press Release
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that Kahwahnas Nucumbhi Potts, age 38, of Grand Rapids, Michigan, was arrested today on federal charges related to his possession of stolen mail, aggravated identity theft and credit card fraud. Potts remains in federal custody.
According to the indictment, from at least March 2015 until April 2016, Potts possessed stolen mail belonging to various residents of Kent County, Michigan. Potts applied for numerous credit cards in the names of these residents and unlawfully used credit cards issued to these individuals. Potts carried out his criminal activities by knowingly transferring, possessing and using the means of identification of these individuals, including their names, social security account numbers, and dates of birth, when transacting business with various banks and other financial institutions.
Potts arraignment on these charges is scheduled for 10:30 a.m. on February 1, 2018, in federal court in Grand Rapids, Michigan.
The charges for possession of stolen mail and unlawful use of social security account numbers carry a statutory penalty of up to 5 years’ imprisonment. The use of an unauthorized access device (credit card fraud) carries a statutory penalty of up to 5 years’ imprisonment. The aggravated identity theft charges carry a mandatory minimum penalty of 2 years’ imprisonment, consecutive to any other sentence that the court may impose. If convicted, Potts will also be ordered to pay restitution to his victims.
The Grand Rapids Office of the U.S. Postal Inspection Service, in conjunction with the Grand Rapids Police Department Metropolitan Fraud and Identity Theft Team, is handling the investigation. Assistant U.S. Attorney Ronald M. Stella is prosecuting the case.
The charges in an indictment are merely accusations, and the defendant is presumed innocent until and unless proven guilty in a court of law.
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Muskegon-Based International Drug Trafficker Receives Thirty Years in PrisonRead the Press Release
GRAND RAPIDS, MICHIGAN — U.S. Attorney Andrew Birge announced today that Alfonzo Dewayne Johnson, 43, of Muskegon, was sentenced to thirty years’ imprisonment by U.S. District Judge Janet T. Neff, to be followed by ten years of supervised release. Johnson pled guilty last year to conspiracy to distribute cocaine and crystal methamphetamine. Johnson previously served a decade in federal prison for drug trafficking.
Following his discharge from federal supervision in the earlier case, Johnson led a scheme to import large quantities of cocaine and crystal methamphetamine from Mexico and to distribute them in West Michigan. The conspiracy lasted more than two years, and involved the four co-defendants in the case, all of whom have been convicted. Demarco Knox was sentenced last month to ten years in prison, and the other co-defendants—James Aubrey Kitchen, Devanda Montgomery, and Alvin Rone—are awaiting sentencing. Johnson and some of his co-conspirators wired money to Mexico and Johnson traveled to Mexico on multiple occasions. On March 5, 2017, Johnson was stopped in a car in possession of cocaine and crystal methamphetamine, and at the same time two search warrants were executed at residences in the Muskegon area where Johnson was storing a total of approximately eight kilograms of cocaine and four kilograms of crystal methamphetamine.
"Drug trafficking remains an insidious plague on free society," Birge said. "This defendant is a stark reminder of the long reach of the Mexican cartels, even in the parts of the United States furthest removed from our southern border. Countering that reach here in Michigan, our federal law enforcement agencies and our state and local partners have committed their resources to ferreting out and capturing the most dangerous drug dealers."
"The investigation into Alfonzo Johnson and his successful conviction is a testimony to the dedication and hard work of DEA, HSI Agents, members of the West Michigan Enforcement Team and the United States Attorney’s Office. This is a victory for law enforcement and contributes to a safer community in Western Michigan" said Timothy J. Plancon, Special Agent in Charge, Drug Enforcement Administration, Detroit Division.
"This lengthy prison term effectively rids our community of drug trafficking and drug-related crimes brought on by this defendant and his associates," said Steve Francis, Special Agent in Charge of Homeland Security Investigations ("HSI").
"Alfonzo Johnson was responsible for trafficking several pounds of cocaine and crystal methamphetamine to the Muskegon area and as a result of this investigation, the West Michigan Enforcement Team (‘WEMET’) and our federal law enforcement partners have slowed the devastation of what these particular drugs are doing to our community," said Detective First Lieutenant Andrew Fias, the Michigan State Police WEMET Section Commander. "WEMET continues to share an outstanding partnership with Homeland Security Investigations, the Drug Enforcement Administration, and the U.S. Attorney’s Office for the Western District of Michigan."
This interagency case was investigated by the DEA, HSI, and WEMET, and prosecuted by Assistant U.S. Attorney Justin M. Presant.
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Attorney General Jeff Sessions Selects Western District of Michigan to Receive A New Assistant United States Attorney Position to Combat Violent CrimeRead the Press Release
DATELINE - Attorney General Jeff Sessions has selected the Western District of Michigan to receive additional resources for the fight against violent crime. The district will receive an additional Assistant U.S. Attorney to focus exclusively on violent crime, one of 40 new federal prosecutors in 27 selected locations throughout the United States.
“Led by our 94 United States Attorney’s Offices, Project Safe Neighborhoods (PSN) task forces are hitting the streets across America to apprehend and bring violent criminals to justice. I have asked Congress for additional PSN funding next year because I believe nothing will be more effective at reducing violent crime,” said Attorney General Sessions. "Under this program, I am asking a great deal of our United States Attorneys. I am both empowering them and holding them accountable for results. To put them in the best position to impact and reduce violent crime, it is my privilege to announce today that through a re-allocation of resources, we will be enlisting and deploying 40 additional violent crime prosecutors across the United States."
“The additional resource will be a significant force multiplier in our efforts targeting violent crime,” said U.S. Attorney Andrew Birge. “West Michigan benefits from law enforcement leadership throughout the district attuned to the public safety needs of the communities they serve. My office looks forward to adding this important resource to our collective efforts. We expect this position to be filled in the next few months.”
The U.S. Attorney’s Office in West Michigan partners with federal, state and local law enforcement and supports violent crime task forces located in Grand Rapids, Muskegon, Battle Creek, Benton Harbor, Kalamazoo and Lansing. These task forces address firearm, gang and drug crime in particular neighborhoods or perpetrated by individuals or groups that fuel violent crime rates.More information on the locations of those 40 Assistant United States Attorneys and violent crime task forces is below:
AUSA Breakdown by District
Northern District of Alabama - 1
Eastern District of Arkansas - 1
Northern District of California - 2
Southern District of California - 1
District of Connecticut - 1
District of Columbia - 1
Central District of Illinois - 1
Northern District of Illinois - 3
Southern District of Indiana - 1
Eastern District of Louisiana - 1
District of Maryland - 3
Western District of Michigan - 1
Eastern District of Missouri - 2
Western District of Missouri - 1
District of Nevada - 2
District of New Mexico - 1
Eastern District of New York - 2
Western District of New York - 1
Northern District of Ohio - 2
Eastern District of Pennsylvania - 1
Middle District of Tennessee - 2
Western District of Tennessee - 2
Eastern District of Texas - 1
Northern District of Texas - 1
Southern District of Texas - 2
Western District of Texas - 1
Eastern District of Wisconsin - 2END
Muskegon Man Sentenced to 90 Months in Federal Prison for Firearm OffenseRead the Press Release
GRAND RAPIDS, MICHIGAN – DeAnthony Lyons, 21, of Muskegon, Michigan was sentenced to 90 months (seven and a half years) in federal prison for committing the offense of being a felon in possession of a firearm, U.S. Attorney Andrew B. Birge announced today. In addition to the prison term, Chief U.S. District Judge Robert J. Jonker imposed a 3-year term of supervised release that will commence once Lyons is released from imprisonment.
Lyons pled guilty on September 13, 2017, to illegally possessing a .40 caliber handgun during the summer of 2017. The handgun was stolen, had an obliterated serial number, and was loaded. Lyons was arrested on July 27, 2017, after he ran from police while carrying the weapon in his hand. Lyons had previously been convicted of three felonies.
In its sentencing memorandum, the U.S. Attorney’s Office noted that Lyons had a history of violence, including "two prior felonies for Assaulting, Resisting and Obstructing a Police Officer Causing Injury." The United States pointed out that given Lyons’ violent history, his "possession of a loaded firearm posed a significant risk to the community." His decision to run from police with a pistol in his hand created a particularly volatile situation that "could have very easily led to the loss of life by the pursuing officers, innocent bystanders, or even the defendant himself." The United States argued that a significant sentence was needed to protect the Muskegon community and deter others from similar criminal activity.
U.S. Attorney Birge stated: "My Office remains committed to combatting violence in the Muskegon area. The defendant’s sentence sends a clear message that gun violence will not be tolerated, and felons who choose to possess firearms will be severely punished."
The charges in this case are the result of a joint investigation by the Michigan State Police and the Bureau of Alcohol, Tobacco, and Firearms (ATF). Assistant U.S. Attorney Sean M. Lewis prosecuted the case. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime in the Muskegon area.
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Muskegon Man Sentenced to 120 Months in Federal Prison for Firearms OffensesRead the Press Release
GRAND RAPIDS, MICHIGAN – Terrell Churchwell, 27, of Muskegon, Michigan was sentenced to 120 months (10 years) in federal prison for firearm offenses, U.S. Attorney Andrew B. Birge announced today. In addition to the prison term, U.S. District Judge Paul L. Maloney imposed a 3-year term of supervised release that will commence once Churchwell is released from imprisonment.
Churchwell pled guilty on June 27, 2017, to two counts of being a felon in possession of a firearm. Churchwell admitted at the plea hearing that he possessed a handgun in the summer of 2015 and a rifle in the spring and summer of 2016. Investigation revealed that the handgun was stolen. Churchwell had previously been convicted of two felonies: a drug offense and failing to register as a sex offender.
In its sentencing memorandum, the U.S. Attorney’s Office noted that Churchwell had an "extensive history of violence – a history that started when he was 14 years old and has continued, unabated to the present." The United States detailed Churchwell’s long history of assaults, threats, and domestic violence, as well as his history of drug offenses, repeatedly failing to register as a sex offender, and other crimes. In addition, the United States proved at sentencing that Churchwell illegally possessed a number of additional firearms, which he used to threaten and intimidate others. The United States further proved that Churchwell obstructed justice in this case by tampering with witnesses. The U.S. Attorney’s Office wrote that Churchwell’s history and conduct warranted a ten-year sentence to "reflect the seriousness of the defendant’s conduct, promote respect for the law, deter future criminal conduct by the defendant, deter others from engaging in similar conduct, and provide just punishment for his criminal conduct."
U.S. Attorney Birge stated: "The defendant’s sentence sends a clear message that violence and witness tampering will not be tolerated, particularly not in Muskegon."
The charges in this case are the result of a joint investigation by the Muskegon City Police Department, the Michigan State Police, and the Bureau of Alcohol, Tobacco, and Firearms (ATF). Assistant U.S. Attorney Sean M. Lewis prosecuted the case. The U.S. Attorney's Office, the Muskegon County Prosecutor's Office, and federal, state, and local law enforcement are working closely together to combat violent crime and witness tampering in the Muskegon area.
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