District of Minnesota

United States Attorney Erica H. MacDonald today announced the sentencing of ELLIS ALANCE BANKS, 53, to 68 months for conspiracy to defraud the United States, and 24 months for aggravated identity theft, to be served consecutively. He was sentenced on November 7, 2018, by Senior Judge David S. Doty in U.S. District Court in Minneapolis, Minnesota. Judge Doty also ordered more than one million dollars in restitution.

ELLIS ALANCE BANKS, pleaded guilty on May 24, 2018. According to documents filed in court including BANKS’ guilty plea, from at least January 31, 2013 to at least May 28, 2016, BANKS defrauded the United States by filing over 250 false tax returns seeking $1.5 million in fraudulent tax refunds. Additionally, he obtained social security numbers, dates of birth, and other personal identifying information of individuals to use to file fraudulent income tax returns.

“Millions of hardworking Americans pay their taxes expecting that money to be used to fund the essential needs of Government,” stated IRS Criminal Investigation Special Agent in Charge Gabe Grchan. “Ellis Banks stole more than one million dollars from the pockets of our citizens and this sentence illustrates that there are consequences for exploiting others through fraud and deceit to steal from the United States Treasury.”

This case was the result of an investigation conducted by the Internal Revenue Service.

Assistant U.S. Attorney Michelle Jones prosecuted the case.

Defendant Information:

ELLIS ALANCE BANKS, 53

Brooklyn Center, Minn.

Convicted:

• Conspiracy to defraud the United States, 1 count
• Aggravated identity theft, 1 count

 

Sentenced:

• 92 months in prison 
• Three years supervised release
• $1,001,999.49 in restitution

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

 

 

 

United States Attorney Erica H. MacDonald and Special Agent in Charge of the FBI Minneapolis Division Jill Sanborn will convene a community meeting in response to the tragic shooting that took place this past week at the Tree of Life synagogue in Pittsburgh, Pennsylvania. Leaders of the interfaith community, representatives of houses of worship, and other community stakeholders are encouraged to attend to discuss federal hate crimes laws, identifying and reporting hate crimes, and best practices for creating safe and secure houses of worship. The meeting will take place on Monday, November 5, 2018, from 6:00-7:30 p.m. at the Dakota County Western Service Center in Apple Valley, Minnesota. For more information, please email [email protected]

“Here in Minnesota and across the nation, we stand united against the violent and hateful events that have recently taken place in Pittsburgh, Pennsylvania and Jeffersontown, Kentucky. These attacks are reprehensible and antithetical to our values as a nation,” said U.S. Attorney MacDonald. “The safety and security of all Minnesotans is my highest priority and these events serve as a solemn reminder that law enforcement and community leaders must remain vigilant in our shared work of building public safety awareness around the issue of hate crimes. As U.S. Attorney, I will not tolerate hateful acts from any individual or group that seeks to threaten another’s civil rights.”

“The attacks in Pittsburgh show that evil does exist, but we can find hope in the response and solidarity of an entire nation, which mourns the senseless and tragic loss of life,” said SAC Sanborn. “Every American has the right to live, love and worship how they choose and the FBI stands shoulder to shoulder with our law enforcement partners to protect those rights. We are looking forward to this meeting and being a part of the solution in our community.”

Steve Hunegs, Executive Director of the Jewish Community Relations Council of Minnesota and the Dakotas (JCRC) said, “The JCRC is proud to work with our federal, state, and local law enforcement partners in Minnesota to assist with educating about civil rights and community security. We look forward to our continued work with the U.S. Attorney’s Office and FBI to organize community forums that provide critical security guidance and address community concerns. In the wake of hate incidents impacting the Muslim and Jewish communities in 2017, the JCRC joined with the U.S. Attorney’s Office and FBI to provide security assistance to a diverse group of community organizations and houses of worship. In the aftermath of the Etz Chaim (Tree of Life) murders, we are grateful for the swift response of law enforcement and the outpouring of support to the Jewish community.”

On October 29, 2018, the Department of Justice announced the launch of a new comprehensive hate crimes website designed to provide a centralized portal for the Department’s hate crimes resources for law enforcement, media, researchers, victims, advocacy groups, and other related organizations and individuals. The resources include training materials, technical assistance, videos, research reports, statistics, and other helpful information from all of the Department components working on hate crimes. For more information, please visit https://www.justice.gov/hatecrimes

NOTE: This event is open press. All media must RSVP to [email protected] and present valid media credentials at the event.

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald announced the sentencing of JESSE WELLS HAUG, 33, to 49 months in prison for defrauding real estate investors out of $880,000. HAUG, who pleaded guilty on June 4, 2018, to one count of wire fraud, was sentenced yesterday before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, HAUG is the owner of a Twin Cities-based construction company called 7-10 Services, LLC. Beginning in 2015 and continuing through the end of 2016, HAUG executed a scheme to defraud investors by falsely representing to them that he would use their money to purchase and renovate residential real estate, and, in exchange, he would share the profits when the properties were re-sold, or “flipped.”

According to the defendant’s guilty plea and documents filed in court, during the course of the scheme, HAUG obtained $880,000 from two victim-investors to purchase and renovate residential properties located throughout the Twin Cities. During the course of HAUG’S interactions with the victims, HAUG provided them with false documentation showing how the investment money was purportedly being used, false information about upcoming real estate closings and re-sales of properties HAUG claimed to have flipped, as well as fictional documents showing “returns” from the so-called investment properties. In reality, HAUG spent the investment money on personal expenses, including credit card bills, and never purchased or sold any of the properties.

This case was the result of an investigation conducted by the FBI and the Minnesota Commerce Fraud Bureau.

Assistant United States Attorneys Kimberly A. Svendsen and Charles J. Kovats prosecuted this case.

 

Defendant Information:                                                                                                                     

JESSE WELLS HAUG, 33

Rosemount, Minn.

Convicted:

• Wire fraud, 1 count

Sentenced:

• 49 months in prison
• Three years of supervised release
• $880,000 in restitution

 

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald today announced the guilty plea of YU ZHANG, 27, to one count of conspiracy to commit wire fraud. ZHANG, who was initially charged via criminal complaint on June 8, 2018, pleaded guilty yesterday before Senior Judge Ann D. Montgomery in U.S. District Court in Minneapolis, Minnesota.

According to the ZHANG’s guilty plea, from March 12, 2018, to June 8, 2018, he participated in a scheme to obtain money from victims through which co-conspirators posed as IRS agents and threatened to arrest victims unless immediate payments were made for allegedly “delinquent” taxes.

As part of the scheme, ZHANG’S co-conspirators made phone calls to victims in numerous states across the country and, posing as government agents, employed a number of strategies to threaten or entice the victim into making an immediate payment to a purported governmental entity. Oftentimes, the co-conspirator would pose as an Internal Revenue Service (IRS) agent and threaten to have the victim arrested unless the victim immediately made payment to satisfy an alleged tax debt. The victims were instructed to bring funds to a local Target store and purchase a gift card that could be used to satisfy the “debt,” and provide the card number and activation code to the co-conspirator over the phone. The co-conspirators would then send a message to ZHANG containing the gift card numbers and activation codes, so that ZHANG could use that information to redeem the gift cards at Target stores by purchasing pre-paid, third-party gift cards such as Google Play and Steam cards. To avoid detection, ZHANG would travel to multiple Target stores, including stores in other states, and use the self-checkout registers for his transactions. After purchasing the third-party cards, ZHANG would immediately convey the card numbers and activation codes to others who were involved in the scheme.

In his guilty plea, ZHANG admitted to redeeming more than $250,000 worth of Target gift cards by conducting hundreds of transactions at Target stores in Minnesota and Colorado.

If you believe you may have fallen victim to an IRS impersonation scam, you may file a report with the Target store or other retailer where the gift cards were purchased, the local police department, or TIGTA at https://www.treasury.gov/tigta/contact_report_scam.shtml

This case is the result of an investigation conducted by the Treasury Inspector General for Tax Administration (TIGTA).

Assistant U.S. Attorney Amber M. Brennan is prosecuting the case.

 

Defendant Information:

YU ZHANG, 27

Baldwin Park, Calif.

Convicted:

• Conspiracy to commit wire fraud, 1 count

 

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald announced the sentencing of EDGAR MARTINEZ-SANCHEZ, 41, to 210 months in prison for his role in a methamphetamine and cocaine distribution conspiracy. MARTINEZ-SANCHEZ, who pleaded guilty on November 14, 2017, to one count of conspiracy to distribute methamphetamine and cocaine, was sentenced yesterday before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, from 2014 through February 2017, MARTINEZ-SANCHEZ along with other individuals including his co-defendants ROBERTO GALICIA-MACEDA and ELIEL GARCIA, conspired to distribute and transport methamphetamine and cocaine across the Twin Cities metropolitan area as part of the Martinez-Sanchez Drug Trafficking Organization. After a contested evidentiary proceeding on Tuesday, October 23, 2018, the Court found that MARTINEZ-SANCHEZ was the organization’s manager in Minnesota, who directed his co-defendants in their drug trafficking activities along with co-conspirators in Arizona and Mexico. For example, MARTINEZ-SANCHEZ negotiated three separate 1-pound methamphetamine transactions with a government informant and then directed GALICIA-MACEDA to deliver that methamphetamine, ultimately to an undercover law enforcement officer. After each transaction, law enforcement agents followed GALICIA-MACEDA as he traveled back to SANCHEZ to deliver the money he had received from the transaction. SANCHEZ also directed GARCIA in the organization’s day-to-day operations as a drug deliverer and money courier.

The investigation, which began in 2016, included the February 7, 2017, seizure of approximately $391,000 from GALICIA-MACEDA’s vehicle as he traveled southbound on Interstate 35 from the Twin Cities. During a February 14, 2017, arrest and warrant takedown operation, agents seized approximately $150,000, 11 pounds of methamphetamine, four kilograms of cocaine, as well as other evidence, during searches of the residences held by MARTINEZ-SANCHEZ, GALICIA-MACEDA, and GARCIA.

This case was the result of an investigation conducted by Homeland Security Investigations, the Drug Enforcement Administration, the Saint Paul Police Department, and the Minneapolis Police Department.

Assistant United States Attorney Allen A. Slaughter prosecuted this case.

 

Defendant Information:                                                                                                                     

EDGAR MARTINEZ-SANCHEZ, 41

Brooklyn Center, Minn.

Convicted:

• Conspiracy to distribute methamphetamine and cocaine, 1 count

Sentenced:

• 210 months in prison

 

 

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United States Attorney Erica H. MacDonald today announced the guilty plea of ALEJANDRO MARIO CORTES, 46, to one count of visa fraud and one count of illegally reentering the United States. CORTES, who was initially charged via criminal complaint on August 28, 2018, pleaded guilty earlier today before Senior Judge Michael J. Davis in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea, between April 11, 2018 and August 29, 2018, CORTES conspired with another individual to fraudulently apply for and obtain a U Visa based on the false claim that CORTES was kidnapped from his home in Chicago, Illinois and taken against his will to St. Paul, Minnesota. As part of the scheme, CORTES and his co-conspirator traveled together from Illinois to Minnesota and stayed in a storage facility for several days. On April 17, 2018, the co-conspirator drove CORTES to St. Paul and, at CORTES’ request, bound the defendant’s mouth and hands with duct tape and left him near Randolph Avenue in St. Paul. Law enforcement officers responded to a report made by a snowplow driver and located the individual, who later identified himself as CORTES.

In his guilty plea, CORTES admitted to telling local and federal law enforcement officers that he had been kidnapped from Chicago and transported to Minnesota against his will, and that he received multiple threatening text messages in the days leading up to the fabricated kidnapping. CORTES also admitted that he sought medical treatment at Regions Hospital for injuries he claimed to have sustained during the kidnapping, and he obtained gift cards for personal items from an organization providing services to crime victims.

CORTES is a citizen of Mexico with no lawful status in the United States. CORTES was removed from the United States in 2001, and again in 2010.

This case is the result of an investigation conducted by the FBI and the Saint Paul Police Department.

Assistant U.S. Attorney Angela Munoz-Kaphing is prosecuting the case.

 

Defendant Information:

ALEJANDRO MARIO CORTES, 46

Chicago, Ill.

Convicted:

• Conspiracy to commit visa fraud, 1 count
• Reentry of removed alien, 1 count

 

 

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald announced the sentencing of THERESA ERNESTINE LINSMEIER, 59, to 27 months in prison for embezzling $540,000 from her former employer. LINSMEIER, who pleaded guilty on June 7, 2018, to one count of wire fraud and one count of filing a false tax return, was sentenced earlier today before Senior Judge Donovan W. Frank in U.S. District Court in St. Paul, Minnesota.

According to the defendant’s guilty plea and documents filed in court, from 1998 to 2016, LINSMEIER was employed as a bookkeeper at Farm Mercantile, Inc., a hardware store located in Fairfax, Minn. In her position, LINSMEIER had access to and was an authorized signatory on Farm Mercantile’s bank accounts and had authority to sign and issue checks on behalf of the company. From about 2011 through 2016, LINSMEIER devised a scheme to embezzle more than $500,000 from Farm Mercantile. As part of the scheme, LINSMEIER transferred money to her personal credit cards directly from the bank accounts to which she had access. LINSMEIER attempted to conceal her embezzlement by creating false entries in Farm Mercantile’s general ledger to make it look like the money she stole had actually been used to pay legitimate business expenses. In total, LINSMEIER stole approximately $540,063, which she used for online gambling.

LINSMEIER did not report the money she embezzled from Farm Mercantile on her federal income tax returns. LINSMEIER instead filed tax returns that falsely reported and understated her income. These false returns allowed her to avoid more than $100,000 in federal income taxes from 2012 through 2016. 

This case was the result of an investigation conducted by the Internal Revenue Service-Criminal Investigation.

Assistant United States Attorney Joseph H. Thompson prosecuted this case.

 

Defendant Information:                                                                                                                     

THERESA ERNESTINE LINSMEIER, 59

Fairfax, Minn.

Convicted:

• Wire fraud, 1 count
• Filing a false tax return, 1 count

Sentenced:

• 27 months in prison
• Three years of supervised release
• $540,063 in restitution

 

 

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United States Attorney Erica H. MacDonald announced the sentencing of RAYMOND ANTHONY POOLE, 44, to 60 months in prison for distributing heroin on the Leech Lake Indian Reservation and surrounding areas. POOLE pleaded guilty to one count of conspiracy on August 24, 2018, and was sentenced today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

According to his guilty plea and documents filed in court, between April 2016 and March 2017, POOLE conspired with other individuals to distribute approximately 227 grams of heroin between Minneapolis, Bemidji, Cass Lake, Minnesota, and on the Leech Lake Indian Reservation, areas that have been significantly affected by heroin.

This case is the result of an investigation conducted by the Leech Lake Tribal Police Department, the Paul Bunyan Drug Task Force, the Minnesota Bureau of Criminal Apprehension, the Bureau of Indian Affairs, the United States Postal Inspection Service, the Headwaters Safe Trails Task Force, and the Hennepin County Violent Offender Task Force.

Assistant United States Attorney Bradley M. Endicott prosecuted the case.

 

Defendant Information:                                                                                                                     

RAYMOND ANTHONY POOLE, 44

Detroit, Mich.

Convicted:

• Conspiracy to distribute heroin, 1 count

Sentenced:

• 60 months in prison
• Four years of supervised release

 

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald announced the sentencing of CHELSEA MARIE DESERLY, 30, to 42 months in prison for involuntary manslaughter resulting from a drunk driving crash. DESERLY, who pleaded guilty on May 3, 2018, to one count of involuntary manslaughter, was sentenced today before Judge Wilhelmina M. Wright in U.S. District Court in Bemidji, Minnesota.

According to the defendant’s guilty plea and documents filed in court, on May 16, 2015, DESERLY was driving a pickup truck while under the influence of alcohol. DESERLY was unable to keep the pickup on the roadway and rolled the vehicle into a ditch, ejecting the victim from the vehicle. DESERLY had a blood alcohol concentration of .198.

This case was the result of an investigation conducted by the Red Lake Police Department and the FBI Headwaters Safe Trails Task Force.

Assistant United States Attorney Clifford B. Wardlaw prosecuted the case.

 

Defendant Information:                                                                                                                     

CHELSEA MARIE DESERLY, 30

Red Lake, Minn.

Convicted:

• Involuntary manslaughter, 1 count

Sentenced:

• 42 months in prison
• Three years of supervised release

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

United States Attorney Erica H. MacDonald today announced that LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC., pleaded guilty to one count of mail fraud for the improper disposal of toxic waste. Co-defendants JOHN D. MILLER JR., 61, and JOSEPH V. MILLER, 58, previously entered guilty pleas for their roles in the fraud scheme.

“Luminaire defrauded its customers and, in doing so, exposed the community to the toxic chemicals they had been paid to safely destroy. The United States will vigorously pursue those who steal and pollute for their own profit,” said U.S. Attorney Erica MacDonald.

“The laws surrounding the safe management of PCBs exist to protect human health and the environment,” said Special Agent in Charge Jennifer Lynn of EPA’s criminal enforcement program in Minnesota. “Instead of complying with those laws, the defendants defrauded their customers and put workers and the public at risk by removing PCB labels and selling PCB-containing fluorescent light ballasts to scrap metal recyclers. EPA and its law enforcement partners are committed to working aggressively to prevent these types of flagrant and dangerous violations.”

According to the defendant’s guilty plea and documents filed in court, LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC. (“LUMINAIRE”) provided recycling and waste disposal services to customers. Among other services, LUMINAIRE offered to pick up customers’ fluorescent light ballasts containing polychlorinated biphenyls (“PCBs”), transport the PCB-containing ballasts to the LUMINAIRE facility located in Plymouth, Minnesota, and remove and dispose of all the PCBs in accordance with the Toxic Substances Control Act (TSCA). In exchange, LUMINAIRE charged customers a fee of approximately $0.35 per pound of PCB lighting ballasts plus transportation costs. Because the PCBs contained in the ballasts are considered a toxic chemical, regulations promulgated by the United States Environmental Protection Agency (“EPA”) mandate special procedures and documentation for the transportation and disposal of PCB waste.

According to the defendant’s guilty plea and documents filed in court, between 2010 until 2015, JOHN MILLER, owner of LUMINAIRE, and other LUMINAIRE employees falsely represented to customers that LUMINAIRE would properly transport and dispose of customers’ toxic chemicals. Instead, after picking up loads of PCB-ballasts from customers, JOHN MILLER instructed LUMINAIRE employees to remove warning labels from the containers holding the PCB-ballasts, and then sell the PCB-ballasts as scrap metal to scrap yards and metal recycling facilities. In order to conceal the fact that the PCB-ballasts had not been received and processed at LUMINAIRE’S facility, JOHN MILLER directed LUMINAIRE employees, including JOSEPH MILLER, to falsely certify on shipping manifests that the PCB-ballasts had arrived at LUMINAIRE’S facility. At JOHN MILLER’S direction, LUMINAIRE employees also sent copies of the falsified shipping documentation by mail to customers and to certain state environmental agencies. In addition, JOHN MILLER instructed LUMINAIRE employees to prepare and deliver falsified invoices to customers who, in turn, made payments to LUMINAIRE. As a result of the scheme, LUMINAIRE fraudulently collected more than $1,000,000 in fees and additional profits.

This case is the result of an investigation conducted by the U.S. Environmental Protection Agency and the Hennepin County Department of Environmental Protection.

Assistant U.S. Attorneys Benjamin F. Langner and Amber M. Brennan are prosecuting this case.

 

Defendant Information:                                                                                                                     

LUMINAIRE ENVIRONMENTAL AND TECHNOLOGIES, INC.

Plymouth, Minn.

Convicted:

• Mail fraud, 1 count

 

JOHN D. MILLER JR., 61

Plymouth, Minn.

Convicted:

• Conspiracy to commit mail and wire fraud, 1 count

 

JOSEPH V. MILLER, 58

Chanhassen, Minn.

Convicted:

• Falsification of documents with intent to obstruct a federal matter, 1 count

 

United States Attorney Erica H. MacDonald announced the sentencing of MARK MCSHANE, 37, a former correctional officer, to 14 months in prison for engaging in a sexual relationship with a female inmate. On June 7, 2018, MCSHANE pleaded guilty to a felony information charging him with one count of sexual abuse of a ward. MCSHANE was sentenced earlier today before Senior Judge Donovan W. Frank in U.S. District Court in St. Paul, Minnesota.

Assistant U.S. Attorney Julie Allyn said, “The sentence handed down today was appropriate for Mr. McShane’s misconduct. When a correctional officer, a person in a position of authority, takes advantage of an inmate, it erodes trust throughout the institution and has a negative impact on every other inmate and employee.”

According to his guilty plea and documents filed in court, MCSHANE was employed as a correctional officer at the Federal Correctional Institution (FCI) in Waseca, Minnesota. From November 2016 through January 2017, MCSHANE engaged in a sexually inappropriate relationship with the inmate while she was incarcerated. Subsequently, in February 2017, MCSHANE became extremely intoxicated during a social outing and admitted to co-workers his sexual misconduct with the inmate.

This case is the result of an investigation conducted by the Department of Justice Office of the Inspector General.

This case was prosecuted by Assistant U.S. Attorney Julie E. Allyn.

 

Defendant Information:

MARK MCSHANE, 37

Owatonna, Minn.

Convicted:

• Sexual abuse of a ward, 1 count

Sentenced:

• 14 months in prison
• Five years of supervised release

 

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United States Attorney Erica H. MacDonald announced the sentencing of PAUL LEWIS AXELSON, 42, a registered sex offender, to 216 months in prison on one count of receipt of child pornography. AXELSON, who pleaded guilty on February 13, 2018, was sentenced today before U.S. District Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.

According to his guilty plea and documents filed in court, AXELSON was convicted in 2008 in Dakota County, Minnesota of third degree criminal sexual conduct and possession of child pornography. In April 2016, while on probation for the 2008 conviction, AXELSON used file sharing software to download, collect, and distribute child pornography. A forensic review of AXELSON’S computer revealed that he possessed more than 160,000 image and video files containing child pornography.

This case was brought as part of Project Safe Childhood, a nationwide initiative, launched in May 2006, to combat the growing epidemic of child sexual exploitation and abuse.  Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.  In addition, if you know of any child who may have been a victim of exploitation, please contact the National Center for Missing or Exploited Children (NCMEC) at 1-800-THE-LOST (1-800-843-5678) or visit NCMEC’s web site at www.missingkids.com.

This case is the result of an investigation conducted by the Federal Bureau of Investigation and the Minneapolis Police Department.

This case was prosecuted by Assistant U.S. Attorney Carol M. Kayser.

 

Defendant Information:

PAUL LEWIS AXELSON, 42

Hastings, Minn.

Convicted:

• Receipt of child pornography, 1 count

Sentenced:

• 216 months in prison
• 10 years of supervised release

 

 

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United States Attorney Erica H. MacDonald today announced a federal indictment charging MICHAEL CORTEZ REED, 25, with the attempted robbery of a Walgreens pharmacy, as well as drug-trafficking and firearms violations.[1] REED was arraigned yesterday afternoon before Magistrate Judge Becky R. Thorson in U.S. District Court in St. Paul, Minnesota.

According to the indictment, on August 27, 2017, REED used force, violence, and fear of injury in an attempt to steal controlled substances from a Walgreens pharmacy located in St. Paul, Minnesota. Between September 13, 2017 and September 5, 2018, REED was found to be in possession of five or more grams of methamphetamine and three firearms, including a Ruger model P95DC nine-millimeter semi-automatic firearm, a Phoenix Arms model Raven 25 .25-caliber semi-automatic pistol, and a Kahr Arms model P380 .380-caliber semi-automatic pistol.

Because he is a felon, REED is prohibited under federal law from possessing any type of firearm at any time.

The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit robberies of businesses engaged in interstate commerce. If convicted, REED faces potential maximum penalties of 10 years to life in prison.

This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Saint Paul Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.

Assistant United States Attorneys Thomas Calhoun-Lopez and Benjamin Bejar are prosecuting the case.

 

Defendant Information:

MICHAEL CORTEZ REED, a/k/a “Hyphy,” 25

St. Paul, Minn.

Charges:

• Attempted interference with commerce by robbery, 1 count
• Felon in possession of a firearm, 3 counts
• Possession with intent to distribute methamphetamine, 1 count
• Carrying a firearm during and in relation to a drug trafficking crime, 1 count

 

 

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The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), the centerpiece of the Department’s violent crime reduction strategy. Today, $28 million in grant funding was awarded nationally to combat violent crime through PSN programs, as well as an additional $3 million for training and technical assistance to develop and implement violent crime reduction strategies and enhance services and resources for victims of violent crime. Locally, the District of Minnesota has received a funding allocation of $441,632.

“Collaboration with federal, state, local, and tribal law enforcement and community stakeholders to develop tailored solutions to address violent crime issues throughout the state is key,” said U.S. Attorney MacDonald. “I am surging federal resources to our violence reduction efforts, which includes hiring additional prosecutors and the provision of nearly $500,000 in funding. These resources will support an aggressive, three-pronged approach to our PSN strategy—including enforcement, prevention, and treatment—because ensuring safe neighborhoods and communities for all Minnesotans is my top priority.”

The District of Minnesota is collaborating with the Minnesota Department of Public Safety to administer the funding. A portion of the funding will be dedicated to the City of Minneapolis to continue efforts to reduce gang and gun violence through its Group Violence Intervention (GVI) strategy. Funding will also be set aside for other jurisdictions that are seeing an uptick in violence and are interested in developing locally-based solutions, in partnership with the federal government. Additional information for jurisdictions interested in applying will be available in the coming months, through the Minnesota Department of Public Safety’s Office of Justice Programs. 

FY 2018 PSN Funding Allocation amounts can be found here. 

 

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United States Attorney Erica H. MacDonald today announced the sentencing of PRESTON ELLARD FORTHUN, 40, and ADAM JOHN BURKE, 34, for their roles in two separate multi-million dollar insurance fraud conspiracies. FORTHUN was sentenced to 60 months in prison and BURKE was sentenced to 90 months in prison. Both defendants were found guilty last year following separate jury trials before Senior Judge Michael J. Davis in U.S. District Court in Minneapolis, Minnesota.

U.S. Attorney MacDonald said, “Mr. Forthun and Mr. Burke are two medical professionals who chose to cater to their own greed above their patients’ chiropractic care. Today, they are faced with the consequences of their criminal actions.”

“These chiropractors put personal greed above their professional duty,” said Minnesota Commerce Commissioner Jessica Looman. “These sentences send a strong message that health insurance fraud is a serious crime and those who perpetrate it will be investigated and prosecuted. The Commerce Fraud Bureau will continue to aggressively pursue criminals who scam Minnesotans.”

“The defendants took an oath to help - but their scheme defrauded all of us, and today's sentence shows that there are severe penalties for those who seek to defraud the system,” said FBI Special Agent in Charge Jill Sanborn. “I want to thank the entire team who worked tirelessly to unwind this scheme and get us to where we are today.”

As proven at trial, FORTHUN and BURKE, both licensed Doctors of Chiropractic, devised separate schemes to defraud automobile insurance companies by hiring patient recruiters, known as “runners,” to solicit automobile accident victims to attend treatments at their clinics. FORTHUN and BURKE paid the runners for each patient they recruited, and the runners in turn typically paid the patients to induce them to attend treatments at the clinic. Both fraud schemes were structured in a way that would maximize their clinics’ billings to insurance companies. Knowing that the runners were paying patients, FORTHUN and BURKE withheld kickback payments to the runners until after the patients had attended a certain number of treatment sessions. Thus, the kickback payments were intended to ensure that patients came for treatments at the defendants’ clinics because of the payments, as opposed to the necessity and reasonableness of the treatments. As a result of their fraud schemes, FORTHUN and BURKE billed millions of dollars to the automobile insurance companies.

These cases are the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the Federal Bureau of Investigation. The Minneapolis Police Department, Saint Paul Police Department, Minnesota State Patrol, and Homeland Security Investigations provided additional assistance.

These cases were prosecuted by Assistant U.S. Attorneys John Kokkinen, Amber M. Brennan and David M. Maria.

 

Defendant Information:

PRESTON ELLARD FORTHUN, 40

Bloomington, Minn.

Convicted:

• Conspiracy to commit mail and wire fraud, 1 count
• Mail fraud, 6 counts
• Wire fraud, 7 counts

Sentenced:

• 60 months in prison
• Two years of supervised release
• $1,553,500 in restitution

 

ADAM JOHN BURKE, 34

Minneapolis, Minn.

Convicted:

• Conspiracy to commit mail fraud, 1 count
• Mail fraud, 12 counts

Sentenced:

• 90 months in prison
• Two years of supervised release
• $991,530 in restitution

 

 

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United States Attorney Erica H. MacDonald today announced that the Department of Justice has awarded a total of $1,370,418 in grant funding to the Minneapolis Public School District, Hennepin County, and to the City of Duluth to support school safety efforts. The grants are authorized by the STOP School Violence Act, which are intended to improve school security by helping students and teachers reduce exposure to risks, prevent acts of violence, and quickly recognize and respond to violent attacks.

“When we send our children to school, a place intended to be full of opportunity for learning and development, safety is paramount,” said U.S. Attorney MacDonald. “This is the first year funding has been awarded under the STOP School Violence Act of 2018 and I am grateful to see these dollars directly supporting our children’s ability to learn and thrive in a safe environment.”

The Department of Justice’s Office of Justice Programs and the Office of Community Oriented Policing Services (COPS Office) awarded the funds through three funding streams. The grants will provide new technology for reporting systems and other threat deterrent measures; create school safety training and education programs for school administrators, staff, students, and first responders; and support crisis intervention teams.

For additional information on these grants, visit: www.ojp.gov or www.cops.usdoj.gov.

Awards: 1

FY 2018 STOP School Violence Prevention and Mental Health Training Program: funding will provide training and education on preventing violence and effectively responding to related mental health crises.

• Special School District No. 1 (Minneapolis) - $219,740
• Hennepin County –  $500,000

 
FY 2018 STOP School Violence Threat Assessment and Technology Reporting Program: funding supports training to create and operate threat assessment and crisis intervention teams and to develop technology for local or regional anonymous reporting systems. This technology may be in the form of a mobile phone application, hotline, or website.

• Special School District No. 1 (Minneapolis) - $181,928

 
FY 2018 COPS Office School Violence Prevention Program: funding is for school safety measures including coordination with law enforcement, training for law enforcement to prevent student violence against others and self, target hardening measures, and technology for expedited notification of law enforcement during an emergency.

• The City of Duluth - $468,750

 

 

 

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1 No funding awarded under the STOP School Violence Act may be used for the provision of a firearm to any person or training in the use of a firearm.

United States Attorney Erica H. MacDonald today announced a federal indictment charging BARTON GEORGE SCOTT, 35, with child pornography and computer hacking offenses. SCOTT made his initial appearance on September 25, 2018, before Magistrate Judge David T. Schultz in U.S. District Court in Minneapolis, Minnesota.

As alleged in the indictment, between April 30 and August 8, 2017, SCOTT gained unauthorized access to the Snapchat accounts of 25 victims. In several cases, SCOTT used extortionate tactics in an attempt to obtain sexually explicit images and videos from the victims, many of whom were minors.

Based on the evidence obtained in this case, authorities believe there may be additional victims of this alleged conduct. Anyone with information about this matter is encouraged to call the FBI at (763) 569-8000. Callers may remain anonymous.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This case is the result of an investigation conducted by the FBI, the Carver County Sheriff’s Office, the Stillwater Police Department, the Washington County Sheriff’s Office, the St. Croix County Sheriff’s Office, New Richmond Police Department, and the Anne Arundel County Sheriff’s Office.

Assistant U.S. Attorney Katharine T. Buzicky is prosecuting the case.

 

Defendant Information:

BARTON GEORGE SCOTT, 35

City of residence unknown

Charges:

• Production of child pornography, 1 count
• Penalties for registered sex offenders, 1 count
• Attempted production of child pornography, 6 counts
• Fraud and related activity in connection with computers 18 U.S.C. § 1030(a)(7)(B), 6 counts
• Fraud and related activity in connection with computers 18 U.S.C. § 1030(a)(2)(C), 12 counts

 

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The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald announced the sentencing of GARY WAYNE JACKSON, JR., 26, to 30 years in prison for second-degree murder in the beating death of his 23-month-old son. JACKSON, who pleaded guilty on June 20, 2018, was sentenced today before U.S. District Judge Ann D. Montgomery in U.S. District Court in Bemidji, Minnesota.

According to his guilty plea and documents filed in court, on January 2, 2018, JACKSON, in a fit of rage, repeatedly punched his 23-month-old son, resulting in the child’s death. Following the assault, JACKSON failed to seek appropriate medical care for his son. The final autopsy report revealed the cause of death as blunt force trauma to the head and torso.

This case is the result of an investigation conducted by the FBI Headwaters Safe Trails Task Force, and the Red Lake Police Department.

This case was prosecuted by Assistant U.S. Attorney Clifford B. Wardlaw.

 

Defendant Information:

GARY WAYNE JACKSON, JR., 26

Redby, Minn.

Convicted:

• Murder in the Second Degree, 1 count

Sentenced:

• 30 years in prison
• Five years of supervised release

 

 

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United States Attorney Erica H. MacDonald today announced the guilty plea of JAMAAL MARQUIE MAYS, 33, for the armed robbery of an Inver Grove Heights business. MAYS and his co-defendant, JAQUON KESHAWN MOMAN, 26, were charged in a superseding indictment on February 7, 2018. MAYS entered his guilty plea today before Chief Judge John R. Tunheim in U.S. District Court in Minneapolis, Minnesota. MOMAN pleaded guilty on August 1, 2018.

According to the defendant’s guilty plea and documents filed in court, on August 17, 2017, MAYS and MOMAN entered a Verizon Wireless store in Inver Grove Heights, Minnesota, armed with a .45 caliber semi-automatic pistol. After waiting for customers to leave the store, MAYS and MOMAN held the store employee at gunpoint while demanding money and cell phones. The employee pretended to comply, but then shot MAYS in self-defense with a firearm the employee was licensed to carry. MAYS’ firearm was also discharged. During the exchange of gunfire, a stray bullet grazed a worker in an adjacent restaurant. MAYS was wounded and remained at the scene, while MOMAN fled on foot. 

The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Inver Grove Heights Police Department. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat violent crime.

Assistant U.S. Attorney David P. Steinkamp is prosecuting the case.

 

Defendant Information:

JAMAAL MARQUIE MAYS, 33

Unknown

Convicted:

• Hobbs Act robbery, 1 count
• Discharging a firearm during and in relation to a crime of violence, 1 count

 

JAQUON KESHAWN MOMAN, 26

Unknown

Convicted:

• Hobbs Act robbery, 1 count
• Discharging a firearm during and in relation to a crime of violence, 1 count

 

 

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United States Attorney Erica H. MacDonald today announced a federal indictment charging PRESLEY AARON PELTIER, 22, with stealing four firearms from a federally licensed firearms dealer. PELTIER, who was arrested on August 17, 2018, made his initial appearance earlier today before Magistrate Judge Becky R. Thorson in U.S. District Court in Saint Paul, Minnesota.

According to the indictment and law enforcement reports, on August 3, 2018, PELTIER and another individual, drove a stolen SUV into the rear entrance of a federally licensed firearms dealer’s storefront in Lakeville, Minnesota, causing significant damage. PELTIER and the other individual stole four firearms from the store, including a Beretta, model 9000S, .40-caliber semiautomatic pistol, a Ruger, model SR45, .45ACP-caliber semiautomatic pistol, a Smith & Wesson, model 5906, nine-millimeter-caliber semiautomatic pistol, and a Ruger, model SR45, .45ACP-caliber semiautomatic pistol, and fled the scene in the stolen SUV. PELTIER and the other individual then abandoned the stolen SUV in a south Minneapolis school parking lot.

This case was the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lakeville Police Department, and the Minneapolis Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.

Assistant U.S. Attorney Benjamin Bejar is prosecuting the case.

 

Defendant Information:

PRESLEY AARON PELTIER, 22

Minneapolis, Minn.

Charges:

• Theft of firearms from a federally licensed dealer, 1 count
• Possession of stolen firearms, 1 count

 

 

 

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The charges contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald joined the Department of Justice today in announcing more than $113 million in grant awards to improve public safety, serve victims of crime, combat violence against women, and support youth programs in American Indian and Alaska Native communities. Six tribes within the District of Minnesota have received grants totaling more than $8.6 million.

The Leech Lake Band of Ojibwe will receive a total of $1,921,228, the Lower Sioux Indian Community will receive a total of $3,261,780, the Mille Lacs Band of Ojibwe will receive a total of $1,187,669, the Red Lake Band of Chippewa Indians will receive a total of $1,310,299, the Prairie Island Indian Community will receive a total of $598,976, and the White Earth Reservation Tribal Council will receive a total of $337,426.

U.S. Attorney MacDonald said, “Violent crime disproportionately affects many of our Native American communities. These grants will directly support efforts to address some of the toughest challenges – such as domestic violence and opioid and substance abuse.”

Nationwide, grants were awarded to 133 American Indian tribes, Alaska Native villages, and other tribal designees through the Coordinated Tribal Assistance Solicitation, a streamlined application for tribal-specific grant programs. Of the $113 million, just over $53 million comes from the Office of Justice Programs, more than $35 million from the Office on Violence Against Women, and more than $24.7 million from the Office of Community Oriented Policing Services.

In addition, the Department is in the process of allocating up to $133 million in a first-ever set aside program to serve victims of crime in American Indian and Alaska Native communities.  The awards are intended to help tribes develop, expand and improve services to victims of crime by providing funding, programming and technical assistance.  Recipients will be announced in the near future. 

Today’s announcement is part of the Justice Department’s ongoing initiative to increase engagement, coordination and action on public safety in American Indian and Alaska Native communities. A listing of today’s announced CTAS awards is available at: www.justice.gov/tribal/page/file/1095161/download.

 

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United States Attorney Erica H. MacDonald today announced a federal indictment charging MICHAEL IMAN WHITE, 19, with robbery and attempted robbery of multiple Walgreens pharmacies.[1] WHITE, who was arrested on a federal criminal complaint on August 22, 2018, will be arraigned tomorrow afternoon before a Magistrate Judge in U.S. District Court.

According to the indictment, between April 3, 2018 and July 17, 2018, WHITE used force, violence, and fear of injury to commit two robberies and two attempted robberies of Walgreens pharmacies located in St. Paul and Edina, Minnesota. In total, WHITE stole approximately $69,000 worth of narcotics and other controlled substances.

The Hobbs Act, passed by Congress in 1946, allows federal prosecutors to prosecute individuals who commit armed robberies of businesses engaged in interstate commerce. If convicted, WHITE faces a potential maximum penalty of 20 years in prison on each count.

This case was the result of an investigation conducted by the FBI, the Edina Police Department, the Saint Paul Police Department, and the Bloomington Police Department. This case is part of Project Safe Neighborhoods, an initiative that brings together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone.

Assistant U.S. Attorney Jeffrey S. Paulsen is prosecuting the case.

 

Defendant Information:

MICHAEL IMAN WHITE, 19

Muncie, Ind.

Charges:

• Attempted interference with commerce by robbery, 2 counts
• Interference with commerce by robbery, 2 counts

 

 

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The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald today announced the conviction of ROBERT PHILIP IVERS, 65, for threatening to murder a federal judge and interstate transmission of a threat to injure. IVERS was found guilty today following a jury trial before Judge Robert W. Pratt, in United States District Court in Saint Paul, Minnesota.

“This defendant has a long history of using words to frighten and intimidate. Because of the excellent work of the United States Marshal’s Service, he is now being held accountable for making threats against a sitting United States District Court Judge in retaliation for the performance of her duties,” said Assistant U.S. Attorney Julie Allyn. “We are grateful to the jury for their careful attention to the evidence and their serious deliberation, resulting in a just verdict.”

As proven at trial, in January 2017, a United States District Court Judge (the “Victim Judge”) held a bench trial on a lawsuit brought by IVERS. The Victim Judge ruled against IVERS. He responded by sending a series of threatening letters and calling a court employee to say he was crazy angry at the Victim Judge and described himself as a “walking bomb.” IVERS was told repeatedly by Deputy U.S. Marshals to stop his threatening language.

On November 9, 2017, IVERS filed another civil lawsuit alleging the same facts as those in the case he lost before the Victim Judge. As part of the new civil case, IVERS was referred to two volunteer lawyers for a telephone consultation. After the lawyers discussed his case and told IVERS they did not believe he had a valid legal claim, IVERS began talking about his previous case with the Victim Judge. One of the lawyers described IVERS as becoming “intensely angry” and making threatening statements including:

•           “This [expletive] judge stole my life from me.”

•           “I had overwhelming evidence.”

•           The Judge “stacked the deck” to make sure I lost this case.

•           “She is lucky” I was “going to throw some chairs.”

•           “You don’t know the fifty different ways I planned to kill her.”

After the lawyer reported the threats IVERS made during the phone conversation, two Deputy U.S. Marshals went to a residence in West Fargo, North Dakota to speak with IVERS about the threats. When confronted, IVERS became extremely agitated, and screamed at the Deputies, among other things, that he was glad the Victim Judge was scared, because “that [expletive] judge stole my life.”

This case is the result of an investigation conducted by the United States Marshals Service.

Assistant U.S. Attorneys Julie E. Allyn and Timothy C. Rank tried the case.

 

Defendant Information:

ROBERT PHILIP IVERS, 65

West Fargo, N.D.

Convicted:

• Threatening to murder a federal judge, 1 count
• Interstate transmission of a threat to injure the person of another, 1 count

 

 

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United States Attorney Erica H. MacDonald today announced the conviction of SHANISE FRANCES OSTLUND, 29, and KEVIN ROBERTSON, 32, for committing a home invasion on the Red Lake Indian Reservation. OSTLUND and ROBERTSON were found guilty today following a jury trial before Judge Susan Richard Nelson in United States District Court in Duluth, Minnesota. Two additional defendants, DEREK PADDY and CHERAI CLARK, each pleaded guilty to one count of burglary in the second degree.

United States Attorney MacDonald said, “Robberies, home invasions and other crimes involving domestic violence are all too common on the Red Lake Reservation. These crimes threaten the safety and stability of communities, and they will not be tolerated. I am grateful to the jury for their swift verdict and to our federal and tribal law enforcement partners for their investigative work on this case.”

As proven at trial, in the early morning hours of November 24, 2017, following a brawl at a local Walmart store, OSTLUND, ROBERTSON, PADDY and CLARK drove together to the victim’s residence with intentions to confront the victim and steal their property. When the defendants arrived, PADDY and CLARK kicked in the front door and entered the residence along with OSTLUND and ROBERTSON. The defendants expected to find the victim inside the residence; however, the victim escaped by jumping out of a window. The defendants stole various items from the residence before leaving the property.

This case is the result of an investigation conducted by the FBI, the Red Lake Police Department, and the Bemidji Police Department.

Assistant U.S. Attorney Clifford B. Wardlaw tried the case.

 

Defendant Information:

SHANISE FRANCES OSTLUND, 29

Bemidji, Minn.

Convicted:

• Burglary in the second degree, 1 count
• Robbery, 1 count

 

KEVIN ROBERTSON, 32

Bemidji, Minn.

Convicted:

• Burglary in the second degree, 1 count
• Robbery, 1 count

 

 

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A Latvian man was sentenced today in Minneapolis for participating in a lucrative “scareware” hacking scheme that targeted visitors to the Minneapolis Star Tribune’s website. Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney Erica H. MacDonald of the District of Minnesota and Special Agent in Charge Jill Sanborn of the FBI’s Minneapolis Field Office made the announcement.

PETERIS SAHUROVS aka “Piotrek” and “Sagade,” 29, was sentenced to 33 months in prison for conspiracy to commit wire fraud. District Judge Ann D. Montgomery of the District of Minnesota imposed the sentence. SAHUROVS will be removed from the United States to Latvia following his prison sentence.  SAHUROVS was arrested in Latvia on a District of Minnesota indictment in June 2011, but was released by a Latvian court and later fled. In November 2016, SAHUROVS was located in Poland, apprehended by Polish law enforcement, and extradited to the United States in June 2017. SAHUROVS was once the FBI’s fifth most wanted cybercriminal and a reward of up to $50,000 had been offered for information leading to his arrest and conviction. He pleaded guilty before Judge Montgomery on February 7, 2018.

According to admissions made in connection with his plea, from at least May 2009 to June 2011, SAHUROVS operated a “bullet-proof” web hosting service in Latvia, through which he leased server space to customers seeking to carry out criminal schemes without being identified or taken offline. The defendant admitted that he knew his customers were using his servers to perpetrate criminal schemes, including the transmission of malware, fake anti-virus software, spam, and botnets to unwitting victims, and he received notices from Internet governance entities (such as Spamhaus) that his servers were hosting malicious activity. Nonetheless, SAHUROVS took steps to protect the criminal schemes from being discovered or disrupted, and hosted them on his servers for financial gain.

SAHUROVS admitted that from in or about February 2010 to in or about September 2010, he registered domain names, provided bullet-proof hosting services, and gave technical support to a “scareware” scheme targeting visitors to the Minneapolis Star Tribune’s website. On February 19, 2010, the Minneapolis Star Tribune began hosting an online advertisement, purporting to be for Best Western hotels, on its website, startribune.com. Two days later, however, the advertisement began causing the computers of visitors to the website to be infected with malware. This malware, also known as “scareware,” caused visitors to experience slow system performance, unwanted pop-ups and total system failure. Website visitors also received a fake “Windows Security Alert” pop-up informing them that their computer had been infected with a virus and another pop-up that falsely represented that they needed to purchase the “Antivirus Soft” computer program to fix their security issues, at a price of $49.95.

Website visitors who clicked the “Antivirus Soft” window were presented with an online order form to purchase a purported security program called “Antivirus Soft.” Users who purchased “Antivirus Soft” received a file download that “unfroze” their computers and stopped the pop-ups and security notifications. However, the defendant admitted, the file was not a real anti-virus product, did not perform legitimate computer security functions, and merely caused the malware that members of the conspiracy had previously installed to cease operating. Meanwhile, the defendant admitted, victim users who did not choose to purchase “Antivirus Soft” became immediately inundated with so many pop-ups containing fraudulent “security alerts” that all information, data, and files on their computers were rendered inaccessible. Members of the conspiracy defrauded victims out of substantial amounts of money as a result of the scheme. The defendant admitted that as a result of his participation, he made between $150,000 and $250,000 U.S. dollars.

This case was investigated by the FBI’s Minneapolis Field Office. The Criminal Division’s Office of International Affairs secured the extradition from Poland and the Polish National Police, the National Prosecutor’s Office, and the Ministry of Justice provided substantial assistance in this matter.

Assistant U.S. Attorney Timothy C. Rank of the District of Minnesota and Trial Attorney Aaron R. Cooper of the Criminal Division’s Computer Crime and Intellectual Property Section prosecuted the case.

 

Defendant Information:

PETERIS SAHUROVS, 29

Rezekne, Latvia

Convicted:

• Conspiracy to commit wire fraud, 1 count

Sentenced:

• 33 months in prison
• Removal from the United States to Latvia following the defendant’s prison sentence

 

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United States Attorney Erica H. MacDonald today announced the sentencing of ROSA MARGARITA MALDONADO to two years and one day in prison for filing a false claim for tax refund and aggravated identity theft. MALDONADO pleaded guilty on April 19, 2018, and was sentenced today before Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.

According to the documents filed in the case, MALDONADO filed false U.S. Individual Income Tax Returns for tax years 2011 and 2012 in her name that reported false dependents, claimed fraudulent Earned Income Tax Credits and Additional Child Tax Credits, and claimed tax refunds to which she was not entitled. 

According to the documents filed in the case, MALDONADO stole a $7,712 tax refund from the U.S. Treasury for tax year 2012 and unlawfully used the names, Social Security numbers, and birth dates of two minor children in the course of that theft of public money.

This case is part of an investigation conducted by the Internal Revenue Service-Criminal Investigation, the United States Postal Inspection Service, Homeland Security Investigations, the Federal Bureau of Investigation, the United States Secret Service, and the Department of Treasury, Office of Inspector General. 

This case was prosecuted by Assistant United States Attorney Allen A. Slaughter and U.S. Department of Justice Trial Attorney Christopher S. Strauss.

 

Defendant Information:

ROSA MARGARITA MALDONADO

Rochester, Minn.

Convicted:

• False, fictitious or fraudulent claims, 1 count
• Aggravated identity theft, 1 count

Sentenced:

• Two years and one day in prison
• One year of supervised release

 

 

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United States Attorney Erica H. MacDonald today announced a criminal complaint charging ALEJANDRO MARIO CORTES, 45, with one count of making false statements to federal authorities after allegedly claiming he was abducted from his home in Chicago, Illinois earlier this spring. CORTES was arrested yesterday and made his initial appearance today before Magistrate Judge Jon T. Huseby in U.S. District Court in Saint Paul, Minnesota.

According to a criminal complaint, in the early morning hours of April 17, 2018, law enforcement officers responded to a report by a snowplow driver that he discovered a man near Randolph Avenue in St. Paul, Minnesota whose hands were bound and had duct tape over his mouth. Law enforcement officers located the individual, who later identified himself as CORTES.

CORTES told responding officers that he had been kidnapped from Chicago several days earlier by several unknown men. During the alleged abduction, CORTES claimed that a bag was put over his head, and he was held for several days and threatened with death. He further claimed that he was finally thrown out of a vehicle and into a snowbank after being told he would be killed if he contacted the police.

In a later meeting with FBI agents, CORTES further described his abduction, the circumstances surrounding his confinement, and details of the threats made against him and his family. CORTES claimed to have received threatening text messages, some in Spanish and some in English.  These text messages made reference to CORTES’ relatives and included photos of his residence in Chicago.

During follow up interviews with CORTES, he admitted to FBI investigators that he often used false identities to avoid detection after a prior DUI arrest and was living illegally in the United States.

According to the complaint, law enforcement traced the alleged threatening text messages to Pinger, an online texting application, and determined the IP address used to create the text messages belonged to an associate of CORTES. After an interview with investigators, the associate indicated that CORTES faked his own kidnapping in ordered to be considered a crime victim so he could obtain a visa to stay in the United States and gain citizenship. 

According to the complaint, CORTES asked the associate to facilitate the kidnapping, even asking the associate to allow him to stay in a storage facility with food, water, a sleeping bag and heater during his alleged abduction. To complete the abduction and kidnapping ruse, CORTES instructed the associate to place duct tape on his mouth and his wrists before dropping him off in St. Paul.

This case is the result of an investigation conducted by the FBI and the Saint Paul Police Department.

Assistant U.S. Attorney Angela Munoz-Kaphing is prosecuting the case.

 

Defendant Information:

ALEJANDRO MARIO CORTES, 45

Chicago, Ill.

Charged:

• False Statement or Representation Made to an Agency of the United States, 1 count

 

 

 

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The charges contained in the criminal complaint are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald today announced the conviction of SHAWN ROBERT DOOLING, 52, for orchestrating a multi-million dollar wind energy fraud scheme. Following a six-day trial before U.S. District Judge Paul A. Magnuson, the jury found DOOLING guilty on all counts.

Assistant U.S. Attorney Surya Saxena said, “Mr. Dooling wanted to live a life of luxury without earning the money to pay for it, so he lied to and stole from people who trusted him, most of whom were hardworking farmers. Mr. Dooling will now be held accountable for his actions.”

“We are grateful for the work of the jury who deliberated this case and saw what we saw, and that was a scheme crafted by Mr. Dooling to defraud innocent and well intentioned investors of their hard earned money with the empty promise of energy efficiency that would never come to be,” said Jill Sanborn, Special Agent in Charge of the Minneapolis Division of the FBI.

As proven at trial, in 2009, DOOLING founded Renewable Energy SD, LLC (“RESD”), a wind energy company headquartered in Excelsior, Minnesota. DOOLING, as the owner and president of RESD, marketed and sold wind turbines, as well as wind turbine installation and maintenance services, as a way for customers to save money by reducing or eliminating their energy expenses. RESD’s customers were predominantly farmers who owned and operated farms in Minnesota, Wisconsin, and Iowa. From approximately 2010 through 2013, DOOLING devised and executed a scheme to defraud his customers by falsely representing that for an agreed-upon contract price, RESD would build and maintain wind energy turbines on customers’ land. However, in reality, DOOLING spent his customers’ money on personal expenses and diverted their money to pay for other customers’ projects.

As part of the scheme, DOOLING told customers that he would send a portion of their money to a third-party manufacturer as a down payment to reserve a specific wind turbine.  Then, when the wind turbine was completed and ready to be shipped, he would send the remaining portion of the money to the manufacturer to complete the purchase. DOOLING furthered his scheme by lying to customers about the status of their orders and told customers that RESD’s failure to deliver the wind turbines was due to manufacturer delays. As a result of his scheme, more than 70 customers paid a combined total of more than $13 million to DOOLING and his company and never received the promised wind turbines or a refund of their money. DOOLING withdrew approximately $2 million from RESD’s bank accounts over the course of the scheme for his personal use, including luxury automobile purchases, travel, and college tuition payments for his son.

This case is the result of an investigation conducted by the FBI.

Assistant U.S. Attorneys Surya Saxena and Amber M. Brennan tried the case.

 

Defendant Information:

SHAWN ROBERT DOOLING, 52

Excelsior, Minn.

Convicted:

• Mail fraud, 3 counts
• Wire fraud, 1 count
• Engaging in a monetary transaction in criminally derived property, 1 count

 

 

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United States Attorney Erica H. MacDonald today announced a six-count federal indictment against DAKOTA JAMES LAFAVE, aka “Biggs,” 29, for attempting to murder an individual in retaliation for their testimony given at an official court proceeding. LAFAVE, who was arraigned today in U.S. District Court in Saint Paul, Minnesota, will remain in detention pending further proceedings.

According to the allegations in the indictment, LAFAVE is a member of the Native Mob gang, a criminal enterprise whose members and associates engage in acts of violence, including murder, attempted murder, assault, robbery, and threats of violence in order to preserve and protect power, territory, reputation, and profits of the enterprise. Members and associates of the Native Mob meet regularly to discuss, among other things, acts of violence and crimes committed against rival gang members, gang rules and by-laws, law enforcement interactions, and to share with one another the identities of individuals who might be cooperating with law enforcement and propose actions to be taken against those individuals.

According to the allegations in the indictment, on or about October 27, 2017, LAFAVE, using a firearm, attempted to murder an individual with the intent to retaliate against that person for their testimony given at an official court proceeding. LAFAVE, who was previously convicted of three violent felonies and is prohibited from possessing a firearm or ammunition at any time, is subject to the federal Armed Career Criminal Act, which carries a mandatory minimum of 15 years in prison if convicted.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Minneapolis Police Department, the Drug Enforcement Administration, the Minnesota Bureau of Criminal Apprehension, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.

This case is being prosecuted by Assistant U.S. Attorney Andrew R. Winter.

 

Defendant Information:

DAKOTA JAMES LAFAVE, aka “Biggs,” 29

Fond du Lac, Minn.

Charges:

• Attempted murder in aid of racketeering, 1 count
• Assault with a dangerous weapon in aid of racketeering, 1 count
• Witness retaliation, 2 counts
• Using, carrying and discharging a firearm during and in relation to crimes of violence, 1 count
• Felon in possession of ammunition – armed career criminal, 1 count

 

 

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The charges contained in the indictment are merely accusations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald today announced the guilty plea of JAYVON DOMINIQUE GANT, 28, to one count of bank robbery. GANT, who was charged by criminal complaint on June 7, 2018, entered his guilty plea before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

According to his guilty plea and documents filed in court, on June 7, 2018, GANT entered Premier Bank in Bloomington, Minnesota, and passed a note to the teller that contained a demand for money, followed by a verbal demand of the teller to, “give me all the money and no trackers.” In response to his demand, the teller handed GANT $3,710 and, after receiving the money, GANT fled the bank on foot. Following the robbery, law enforcement officers located GANT at his home in Bloomington. Upon law enforcement’s entry to the residence, GANT jumped from his third floor balcony to the second floor below and then broke the sliding glass door and entered the second floor apartment in an attempt to escape. When confronted by law enforcement on the second floor, GANT jumped from the second floor balcony to the ground level where he was apprehended.

According to his guilty plea and documents filed in court, GANT committed five additional robberies of other banks located throughout the Twin Cities area. In all instances, GANT used similar tactics by passing a note to the teller that contained a demand for money. For example, one such note stated, “Give me all the money out the top and bottom drawer act calm and normal NO Gps or Dypack Im going to go through the money at this counter so don’t play games with me give me the money act normal no one will get hurt.” 

This case is the result of an investigation conducted by the FBI Safe Streets Task Force, the Bloomington, Blaine, Fridley, Edina, Cottage Grove and Oakdale Police Departments. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to combat violent crime.

This case is being prosecuted by Assistant U.S. Attorney Charles J. Kovats.

 

Defendant Information:

JAYVON DOMINIQUE GANT, 28

Bloomington, Minn.

Convicted:

• Bank robbery, 1 count

 

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United States Attorney Erica MacDonald today announced the guilty plea of PAUL R. HANSMEIER, 37, for orchestrating a multi-million dollar fraud scheme to obtain payments from extortion victims to settle sham copyright infringement lawsuits by lying to state and federal courts throughout the country. HANSMEIER pleaded guilty to conspiracy to commit mail fraud and wire fraud and conspiracy to commit money laundering before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota. On March 6, 2017, HANSMEIER’S co-defendant JOHN L. STEELE pleaded guilty for his role in the scheme.

“This scheme, orchestrated by licensed attorneys, caused widespread damage throughout the United States and wasted judicial resources by causing litigation that should never have happened,” said U.S. Attorney MacDonald. “The defendants’ actions brought embarrassment to the legal profession and amounted to a shameful abuse of their law licenses, only to satisfy their greed. This office is and will always be dedicated to bringing such disgraceful conduct to the bar of justice.”

“Paul Hansmeier’s guilty plea today closes a sad chapter in the career of an attorney who abused his license to practice law and disgraced the bar,” said Special Agent in Charge of the Minneapolis Division Jill Sanborn. “Hansmeier’s role in a brazen multi-million dollar fraud scheme exploited victims by misusing his position of trust as an officer of the court. The FBI will continue to work closely with our law enforcement partners to detect crimes such as this and bring the perpetrators to justice.”

“The role of IRS Criminal Investigation becomes even more important in financial cases, including extortion and money laundering schemes, because of the complex financial transactions that take time to unravel,” said Gabriel Grchan, Acting Special Agent in Charge, St. Paul Field Office. “IRS Special Agents are skilled at investigating all types of financial crimes and today's guilty plea of Paul Hansmeier is a reminder that IRS Criminal Investigation is committed to following the money trail.”

According to his guilty plea and documents filed in court, between 2010 and 2014, HANSMEIER and STEELE, both practicing lawyers, executed a scheme to obtain millions of dollars by threatening copyright lawsuits against individuals who supposedly downloaded pornographic movies from file-sharing websites. HANSMEIER admitted in court today that he and STEELE created a series of sham entities, which and STEELE controlled, to obtain copyrights to pornographic movies – some of which they filmed themselves – and then uploaded those movies to file-sharing websites like “The Pirate Bay” in order to lure people to download the movies. The defendants then filed bogus copyright infringement lawsuits that concealed both their role in distributing the movies, and their personal stake in the outcome of the litigation. After filing the lawsuits, HANSMEIER and STEELE gained authority from the courts to subpoena internet service providers (“ISPs”) for identification information of the subscriber who controlled the IP address used to download the movie. With that information, the defendants used extortionate tactics such as letters and phone calls to threaten victims with enormous financial penalties and public embarrassment unless they agreed to pay a $3,000 settlement fee.

In November 2011, in order to distance themselves from the specious lawsuits and any potential fallout, HANSMEIER and STEELE admitted that they created and used Prenda Law, among other law firms, to pursue their fraudulent claims and proceeds of the scheme. HANSMEIER acknowledged in court today that he and STEELE exerted de facto control over Prenda Law throughout the scheme.

In October 2012, the defendants changed their tactics and began filing lawsuits falsely alleging that computer systems belonging to their sham clients had been hacked. To facilitate their phony “hacking” lawsuits, HANSMEIER and STEELE recruited individuals who had been caught downloading pornography from a file-sharing website, to act as ruse “defendants” who were sued in exchange for HANSMEIER and STEELE waiving their settlement fees while pursuing claims against their supposed “co-conspirators.” In court today, HANSMEIER admitted that the allegations of “hacking” in these complaints were made up.

In total, HANSMEIER and STEELE obtained approximately $6 million from the fraudulent copyright lawsuits.

This case is the result of an investigation conducted by the FBI and the Criminal Investigation Division of the IRS. Assistant U.S. Attorneys Benjamin Langner and David Maclaughlin of the District of Minnesota and Senior Trial Counsel Brian Levine of the Criminal Division’s Computer Crime and Intellectual Property Section and are prosecuting the case.

 

Defendant Information:

PAUL R. HANSMEIER, 37

Woodbury, Minn.

Convicted:

• Conspiracy to commit mail fraud and wire fraud, 1 count
• Conspiracy to commit money laundering, 1 count

 

 

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United States Attorney Erica H. MacDonald announced the guilty plea of CHAD LEE MONSON, 46, for illegally possessing machine guns, pipe bombs, and silencers. MONSON, who was indicted on June 5, 2018, entered his guilty plea today before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota. A sentencing hearing is yet to be scheduled.

U.S. Attorney MacDonald thanked the ATF and CEE-VI Gang and Drug Task Force investigators for their skilled work in the case and for making the Willmar community a safer place.

According to the defendant’s guilty plea and documents filed in court, on January 30, 2018, law enforcement officers executed a search warrant at MONSON’S residence in Willmar, Minnesota. Inside the residence, officers found personal use amounts of illegal narcotic drugs, as well as sixteen firearms, and a large quantity of ammunition. On February 21, 2018, law enforcement officers executed two additional search warrants at a commercial utility building near MONSON’S residence. There, officers found ten machine guns, two of them with obliterated serial numbers, three pipe bombs, and three unregistered silencers. MONSON admitted to owning the weapons and acknowledged that he knew that the machine guns had been illegally converted to be capable of firing in “fully automatic” mode. As part of his guilty plea, MONSON must forfeit to the United States 12 firearms, three pipe bombs, and three silencers.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the CEE-VI Gang and Drug Task Force, with assistance from the Kandiyohi County Attorney’s Office.

Assistant United States Attorney John Docherty is prosecuting the case.

 

Defendant Information:

CHAD LEE MONSON, 46

Willmar, Minn.

Convicted:

• Possession of a machine gun, 1 count
• Possession of an unregistered destructive device (pipe bomb), 1 count
• Possession of an unregistered silencer, 1 count

 

 

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The Department of Justice announced today that an initial distribution of $16,440,674.35 has been issued to victim investors of the THOMAS PETTERS fraud scheme. These funds, forfeited to the United States through criminal and civil forfeiture proceedings prosecuted in the District of Minnesota, will be sent to approximately 364 victims worldwide.

On December 1, 2008, THOMAS JOSEPH PETTERS, of Wayzata, Minnesota, was indicted on multiple counts of mail fraud, wire fraud, money laundering, and conspiracy for orchestrating a $2.1 billion Ponzi scheme. On December 2, 2009, a federal jury found PETTERS guilty of all 20 counts against him and was later sentenced by U.S. District Judge Richard H. Kyle to 50 years in federal prison. Other defendants were convicted in related criminal proceedings. As part of their sentencing judgments, PETTERS and other defendants were ordered to forfeit assets obtained through their criminal activity, including real estate, bank and investment accounts, vehicles and other assets. Under federal law, the Department of Justice has the authority to distribute the proceeds of forfeited assets through the remission process to victim investors who lost money in connection with the scheme. The proceeds of all forfeited assets are being distributed to victim investors. 

Additional forfeited funds will be distributed to victim investors through the remission process when pending forfeiture proceedings are completed. The total distribution amount is yet to be determined.

The forfeiture proceedings were part of a coordinated effort to compensate victim investors. In October 2008, the United States obtained an injunction against the fraud in a separate civil case, and the Court appointed a receiver to assist in the recovery of assets. Thereafter, multiple bankruptcy proceedings were filed in Minnesota and other states. In September 2010, the U.S. District Court and the U.S. Bankruptcy Court approved a Coordination Agreement governing the asset recovery efforts of the United States, the bankruptcy trustees, and the Court appointed receiver. In addition to the funds distributed via remission payments, additional payments are being made to victim investors and creditors through these ongoing bankruptcy and receivership proceedings in various states including Minnesota, Illinois and Florida.

For more information about the PETTERS criminal case, victim compensation, and the asset forfeiture remission process, please visit https://www.justice.gov/usao-mn/tom-petters-case

The Petters’ remission payments would not have been possible without the efforts of the U.S. Department of Justice Criminal Division’s Money Laundering and Asset Recovery Section, the U.S. Attorney’s Office for the District of Minnesota, the FBI, IRS Criminal Investigation, and the U.S. Postal Inspection Service in the prosecution of these crimes and the recovery of assets supporting the forfeiture in this case. 

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United States Attorney Erica H. MacDonald announced a federal indictment charging RENE PATRICK VARGAS, 32, with illegally exporting box turtles to Hong Kong. VARGAS will make his initial appearance at a later date.

North American box turtle (genus terrapene) populations, native to the United States and Mexico, are in decline due to loss of habitat and illegal trade, including export to Hong Kong and China for use in food, traditional medicine, and to be kept as pets. Although box turtles are not currently threatened with extinction, they are protected under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”) treaty, implemented as part of the Endangered Species Act, to prevent their further decline. It is illegal to export wildlife without prior approval and inspection by the U.S. Fish and Wildlife Service, as well as valid export licenses and permits.

As alleged in the indictment, from approximately June 1, 2017 through June 14, 2017, VARGAS completed forms for international shipment of three packages containing a total of 38 box turtles. The packages were falsely labeled as “toys” or “components” and were intended to be transported in interstate and foreign commerce in violation of the Lacey Act.

This case is the result of an investigation conducted by the United States Fish and Wildlife Service.

This case is being prosecuted by Assistant U.S. Attorney Miranda E. Dugi.

 

Defendant Information:

RENE PATRICK VARGAS, 32

Saint Paul, Minn.

Charges:

• Lacey Act false labeling, 3 counts

 

 

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The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald announced the sentencing of JOHN HENRY EDMONDS, 35, to 80 months in prison for distribution of heroin, carfentanil, methamphetamine, and furanyl fentanyl. EDMONDS, who pleaded guilty on March 20, 2018, was sentenced today before Senior U.S. District Judge Donovan W. Frank in U.S. District Court in St. Paul, Minn.

United States Attorney Erica MacDonald said, “This is the first case in the District of Minnesota involving carfentanil and one of the first involving furanyl fentanyl. Sadly, highly potent and extremely lethal opioid analogues such as these are becoming more common on the illegal drug market and the devastating societal impact of these substances, even in very small quantities, cannot be overstated. I commend the work of the DEA for taking a firm stance against those who threaten our communities with deadly drugs.”

“The trafficking of fentanyl analogues represents a significant threat to public safety,” said Assistant Special Agent in Charge Kenneth Solek. “Investigations like this are vitally important to our neighborhoods and communities, and DEA is proud of the close ties we have with our state and local counterparts, who work tirelessly along with DEA to strive for a drug free community.”

According to his guilty plea and documents filed in court, on multiple dates between July 6 and August 22, 2017, EDMONDS distributed a total of 5.9 grams of mixtures and substances containing heroin, carfentanil, methamphetamine, and furanyl fentanyl to an individual, who unbeknownst to EDMONDS, was cooperating with law enforcement. EDMONDS was taken into federal custody on September 25, 2017.

This case is the result of an investigation conducted by the Drug Enforcement Administration, the Minneapolis Police Department, and the Bloomington Police Department.

This case was prosecuted by Assistant U.S. Attorney Surya Saxena.

 

Defendant Information:

JOHN HENRY EDMONDS, 35

Minneapolis, Minn.

Convicted:

• Distribution of heroin, carfentanil, methamphetamine, and furanyl fentanyl, 5 counts

Sentenced:

• 80 months in prison
• Five years of supervised release

 

 

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United States Attorney Erica H. MacDonald today announced a federal indictment charging STEVEN RICHARD WISETH, 35, a Thief River Falls chiropractor, with six counts of wire fraud and two counts of aggravated identity theft. WISETH made his initial appearance earlier today before Magistrate Judge Hildy Bowbeer in U.S. District Court in Saint Paul, Minnesota.

As alleged in the indictment, from approximately March 2013 through April 2015, WISETH, a Doctor of Chiropractic and owner of Health Quest Family Chiropractic (“Health Quest”) in Thief River Falls, Minnesota, orchestrated a scheme to defraud health insurers by submitting and causing the submission of false and fraudulent claims for chiropractic services.

As alleged in the indictment, WISETH’S scheme was dependent on maximizing patient volume at Health Quest, and he held promotional events where he gave away free food and drink, prizes, and gift certificates to induce current and prospective patients to visit Health Quest. After the promotional events, WISETH billed insurance companies for the provision of chiropractic services to substantial numbers of individuals who attended the events, including billing for services that were not provided. In some cases, WISETH used the personal and insurance information of attendees to bill the individuals’ insurance companies for services that were not provided, unbeknownst to the attendee. For example, on February 13, 2014, WISETH held a promotional event at Health Quest that he referred to as “ValenSpine’s Day.” WISETH submitted bills to insurance companies representing that he had treated approximately 219 patients on that day, purporting to have provided approximately 641 services.

As alleged in the indictment, WISETH also submitted false bills for services by misrepresenting the services that were actually provided to patients. For example, WISETH routinely submitted false bills for treatment with a “wobble chair,” which is a device intended to develop core strength. WISETH falsely represented to insurers that the services were performed for at least eight minutes under the direct supervision of a healthcare professional when, in fact, WISETH merely stocked his clinics’ waiting rooms with wobble chairs so that patients would sit in them while waiting for their appointments.

As alleged in the indictment, over the course of the two-year scheme, WISETH billed the insurance companies more than $3.1 million dollars, including bills for hundreds of treatments that were not provided or were overbilled, and the insurance companies paid WISETH and Health Quest more than $1.1 million.

This case is the result of an investigation conducted by the Minnesota Commerce Fraud Bureau and the United States Postal Inspection Service.

This case is being prosecuted by Assistant U.S. Attorney Amber M. Brennan.

 

Defendant Information:

STEVEN RICHARD WISETH, 35

Thief River Falls, Minn.

Charges:

• Wire fraud, 6 counts
• Aggravated identity theft, 2 counts

 

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The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald today announced the sentencing of ARTHUR DALE SENTY-HAUGEN, 51, for orchestrating a years-long tax fraud conspiracy while confined to the Minnesota Sex Offender Program. SENTY-HAUGEN, who pleaded guilty on January 23, 2018 to one count of conspiracy to defraud the United States, was sentenced earlier today to 10 years in prison before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

“Mr. Senty-Haugen’s lengthy criminal history and flagrant disregard for the law and the criminal justice system was appropriately addressed by this significant prison sentence,” said U.S. Attorney Erica MacDonald. “We appreciate the investigative work of our partners at the IRS and their dogged pursuit of this serial fraudster.”

“Today's sentencing of Arthur Senty-Haugen continues to emphasize the diligence of the Internal Revenue Service and U.S. Attorney’s Office in their continued pursuit of those who use fraudulent methods in an attempt to corrupt our nation's tax system,” said Acting Special Agent in Charge Gabriel Grchan, IRS Criminal Investigation of the St. Paul Field Office. “Be assured that IRS Criminal Investigation Division, together with our law enforcement partners, will hold those who engage in similar behavior fully accountable, especially those like Senty-Haugen who repeatedly commit fraud.”

According to the defendant’s guilty plea and documents filed in court, since 1994, SENTY-HAUGEN has been confined to the Minnesota Sex Offender Program (“MSOP”) in Moose Lake, Minnesota. Beginning in early 2012 through late 2017, SENTY-HAUGEN devised and participated in a scheme to obtain money from the U.S. government by filing false federal income tax returns claiming fraudulent refunds on behalf of fellow clients of the MSOP (“the filers”). As part of the scheme, SENTY-HAUGEN prepared and filed the false tax returns using the filers’ names and social security numbers, as well as false wage and federal income tax withholding information. SENTY-HAUGEN enlisted the help of other individuals not confined at MSOP to assist him and the filers in preparing and filing the fraudulent returns as well as collecting and transferring the illicit proceeds. SENTY-HAUGEN admitted to filing a total of 92 fraudulent income tax returns for tax years 2011 through 2016, seeking more than $550,000 in refunds to which the filers were not entitled.

In 2000 and 2013, SENTY-HAUGEN was prosecuted in state court in Carlton County on fraud-related offenses. Additionally, in 2004, while confined at MSOP, SENTY-HAUGEN was indicted in federal court for tax fraud conspiracy, a scheme that was similar to the instant offense, and was sentenced to 57 months in prison followed by three years of supervised release. SENTY-HAUGEN began his new fraud scheme just two days after his term of supervised release expired.

This case is the result of an investigation conducted by the Internal Revenue Service – Criminal Investigation Division, and the Minnesota Department of Human Services, Office of Special Investigations.

Assistant U.S. Attorneys Amber M. Brennan and Julie E. Allyn prosecuted the case.

 

Defendant Information:

ARTHUR DALE SENTY-HAUGEN, 51

MSOP, Moose Lake, Minn.

Convicted:

• Conspiracy to defraud the United States, 1 count

Sentenced:

• 120 months in prison
• Three years of supervised release
• $247,000 in restitution

 

 

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United States Attorney Erica H. MacDonald announced the sentencing of six members of a Saint Paul street gang, known as the HAM Crazy, for conspiring to illegally possess firearms. MARVELL VOSHON JEFFERSON, 24, SHELBY DELANE ASHFORD, JR., 24, CASEY JEMAR DAVIS, 24, PHILLIP DWAYNE JACKSON, 23, NAKIA MARQUIRE MARTIN, 25, and PIERRE CORTEZ JENKINS, 23, have been sentenced to prison by Senior Judge Ann D. Montgomery in U.S. District Court in Minneapolis, Minnesota. A seventh defendant, CARMELO MANUEL MARRERO, 23, has pleaded guilty to conspiracy and will be sentenced at a later date. All seven defendants either had prior felony convictions or were otherwise prohibited from legally possessing firearms or ammunition.

“Keeping our neighborhoods, communities and families safe from gun and gang violence is a top priority for the Department and for my office,” said United States Attorney Erica MacDonald. “As this case demonstrates, our concerted effort to keep guns out of the hands of criminals is ongoing. By leveraging the strong relationships we have with our federal, state and local law enforcement partners, we will remain steadfast in our duty to keep communities safe.”

“It’s unfortunate all of the violence these individuals have inflicted on St. Paul, but justice prevails,” said ATF Assistant Special Agent in Charge Kirk Howard of the St. Paul Field Division. “St. Paul Police Chief Axtell made it very clear that firearm violence will not be tolerated, and we stand united with them to end the cycle of gang and firearm-related violent crime in this city.”

Saint Paul Police Chief Todd Axtell said, “Saint Paul is a safer place today, thanks to the incredibly hard work and collaboration of our police officers, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and our other partners. Together, we have made it clear that settling disagreements through gun violence is not welcome in our city—and we will use all available resources to hold accountable those who do engage in these types of activities.”

Since at least January 2014, the defendants maintained active membership in the street gang known as the HAM Crazy. The main purpose of the HAM Crazy gang was to preserve and protect their territory, power, status, and reputation, primarily on the Eastside of Saint Paul, through the use of violence and intimidation against rival Saint Paul gangs, such as the Hit Squad.

According to the defendants’ guilty pleas and documents filed in court, since at least January 2014, the HAM Crazy gang has been in an ongoing gang war with several rival gangs, including the Hit Squad. This gang war has resulted in gang members on both sides of the rivalry being shot and/or killed and has endangered the lives and safety of innocent bystanders and the community because many of the shootings occurred in public venues. HAM Crazy members and rival gang members often used social media platforms, such as Facebook, YouTube, and Snapchat, as a means through which to disrespect, intimidate, and threaten rivals by memorializing their brandishing of firearms, displaying of money, throwing of gang signs, and publishing of rap videos containing explicit and implicit threats against rivals.

According to the defendants’ guilty pleas and documents filed in court, due to the ongoing gang war and the need for firearms to conduct some of their gang-related activity, between January 2014 and December 2017, the defendants conspired to illegally obtain and jointly possess at least 12 firearms, including some with obliterated serial numbers, that were stolen, and/or that had high-capacity magazines. The defendants and other HAM Crazy members also attempted to buy, sell, trade, and obtain firearms through social media.

This case is the result of a joint investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Saint Paul Police Department, and the Minnesota Department of Corrections. This case was brought as part of Project Safe Neighborhoods (PSN), an initiative that brings together federal, state and local law enforcement to specifically target and combat gun and gang crimes.

Assistant U.S. Attorneys Benjamin Bejar and Thomas Calhoun-Lopez are prosecuting the case.

 

Defendants’ Information:                                                                                                                  

MARVELL VOSHON JEFFERSON, a/k/a “Vo,” a/k/a “Lil Vo,” 24

Saint Paul, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 60 months in prison
• Three years of supervised release

 

SHELBY DELANE ASHFORD, JR., a/k/a “Two Times,” 24
Columbia Heights, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 58 months in prison
• Three years of supervised release

 

CASEY JEMAR DAVIS, a/k/a “Casey Jermar Davis,” a/k/a “K Chop,” 24
Saint Paul, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 50 months in prison
• Three years of supervised release

 
PHILLIP DWAYNE JACKSON, a/k/a “Go,” a/k/a “Kid Go,” 23
Lino Lakes, Minn.
 
Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 60 months in prison
• Three years of supervised release

 

NAKIA MARQUIRE MARTIN, a/k/a “Nakia Marquette Martin,” a/k/a “Freaky,” a/k/a “Freaky Nick,” 25

Moose Lake, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 55 months in prison
• Three years of supervised release

 

PIERRE CORTEZ JENKINS, 23, a/k/a “Pistol,” 23

Minneapolis, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

Sentenced:

• 48 months in prison
• Three years of supervised release

 

CARMELO MANUEL MARRERO, a/k/a “Melo,” a/k/a “Mello,” 23

Maplewood, Minn.

Convicted:

• Conspiracy – Felon in possession of a firearm, 1 count

United States Attorney Erica H. MacDonald today announced the filing of a civil complaint against Maplewood dentist DR. JERRY KENT BRUNSOMAN and his clinic INSTITUTE OF FACIAL SURGERY ST. PAUL, PLLC, d/b/a/ IDEALSKIN LASER REJUVENATION CENTER for allegedly issuing illegitimate prescriptions for opioid medications and repeatedly failing to comply with the recordkeeping requirements of the Controlled Substances Act. 

United States Attorney Erica MacDonald said, “Medical professionals have an obligation to maintain accurate and complete records of their prescribing practices, particularly when it comes to highly addictive controlled substances. My office and our DEA partners will use all available tools to address the devastating opioid epidemic.”

In the complaint filed today, the United States alleges that BRUNSOMAN unlawfully issued multiple prescriptions for Schedule II controlled substances, namely, oxycodone and hydrocodone, without a legitimate medical purpose. The complaint further alleges that BRUNSOMAN failed to keep complete and accurate records regarding the receipt and dispensing of controlled substances used at his clinic. As a licensed practitioner, BRUNSOMAN must comply with the Controlled Substances Act’s recordkeeping and prescribing requirements, which Congress enacted to prevent the diversion of controlled substances for illegal purposes. As a result of BRUNSOMAN’S alleged actions, hundreds of doses of controlled substances are unaccounted for and presumed to have been diverted for illicit purposes. 

The United States is seeking civil monetary penalties and injunctive relief for the defendants’ alleged violations of the Controlled Substances Act. 

This case is handled by the Affirmative Civil Enforcement unit of the U.S. Attorney’s Office for the District of Minnesota, and was investigated by the Diversion Group of the Drug Enforcement Administration, Minneapolis-St. Paul District Office.

The civil complaint presents allegations only; there has been no determination of liability or wrongdoing.

 

 

 

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United States Attorney Erica H. MacDonald announced the sentencing of JOSEPH THOR PERKINS, 36, to 28 years in prison for sexually exploiting multiple minor victims. PERKINS, who pleaded guilty on January 16, 2018, to one count of production of child pornography, was sentenced on July 23, 2018, before Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, since 2013, PERKINS has had contact with four minor victims. He contacted the minors using online messaging applications and enticed them to send him images of themselves engaged in sexually explicit conduct. After receiving the sexually explicit images, PERKINS encouraged the minors to meet him in person to engage in sexual acts and so PERKINS could take sexually explicit photographs of the minors. On multiple occasions between 2013 and 2016, PERKINS met the minor victims separately at various locations, including PERKINS’ residence. PERKINS engaged in sexual acts with the minors and photographed the minors engaged in sexually explicit conduct.

According to the defendant’s guilty plea and documents filed in court, in 2015, PERKINS was charged in Dakota County with possession of child pornography and was charged in Scott County with engaging in sexual acts with a fifth minor victim. Additionally, in 2016, PERKINS solicited a sixth individual online. He believed this sixth individual to be a 14-year-old girl and arranged for “her” to meet him in person, engage in sexually explicit conduct, and for PERKINS to take photographs of the encounter. After arranging the meeting with the purported minor, who was in reality an undercover law enforcement officer, PERKINS was arrested and charged in Washington County with online solicitation.

This case is the result of an investigation conducted by the Washington County Sheriff's Office and the Federal Bureau of Investigation.

Assistant United States Attorney Karen B. Schommer prosecuted the case.

 

Defendant Information:                                                                                                                     

JOSEPH THOR PERKINS, 36

Apple Valley, Minn.

Convicted:

• Production of child pornography, 1 count

Sentenced:

• 336 months in prison
• Lifetime of supervised release

 

 

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United States Attorney Erica H. MacDonald today announced the guilty plea of AVIEL LI GOODMAN, 62, to one count of receipt of child pornography. GOODMAN, who was initially charged on February 20, 2018, pleaded guilty earlier today before U.S. District Judge Joan N. Ericksen in U.S. District Court in Minneapolis, Minnesota.

According to the defendant’s guilty plea and documents filed in court, on multiple occasions between March 1, 2015, and August 27, 2017, undercover law enforcement agents downloaded numerous image and video files depicting child pornography from IP addresses connected to GOODMAN’S Saint Paul residence. On January 17, 2018, upon execution of a search warrant on GOODMAN’S residence, law enforcement agents seized a computer containing more than 20,000 child pornography files.

This case is the result of an investigation conducted by the Federal Bureau of Investigation.

This case is being prosecuted by Assistant U.S. Attorneys Katharine T. Buzicky and Carol M. Kayser.

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

 

Defendant Information:

AVIEL LI GOODMAN, 62

Saint Paul, Minn.

Convicted:

• Receipt of child pornography, 1 count

 

 

 

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United States Attorney Erica H. MacDonald announced the conviction of ERIC JAMES REINBOLD, 41, for illegally possessing unregistered pipe bombs. Following a three-day trial before Chief Judge John R. Tunheim in U.S. District Court in Fergus Falls, Minnesota, the jury found REINBOLD guilty of one count of possession of unregistered destructive devices. REINBOLD’S sentencing hearing is set for November 16, 2018.

“Given the dangerousness of the devices and the courage of the concerned citizens who discovered them and contacted law enforcement, we are pleased with the jury’s verdict,” said Assistant U.S. Attorney Julie Allyn.

“Regardless of the intent of use, pipe bombs are illegal improvised explosive devices, bottom line,” said ATF Assistant Special Agent in Charge Kirk Howard, of the St. Paul Field Division. “We’re grateful that somebody took the initiative to report this, and we encourage anyone who comes into contact with dangerous, illegal improvised explosive devices to reach out to us. It could save people from getting hurt or killed. Our local law enforcement partners did a tremendous job during this investigation. Their work directly lead to today’s verdict.”

As proven at trial, on October 22, 2017, law enforcement received a report of possible pipe bombs and bomb making materials found on hunting land in Oklee, Minnesota. When law enforcement responded to the property, they found a plastic tote containing items that appeared to be destructive devices, specifically, pipe bombs. In addition to the pipe bombs, there were two jugs of gun powder, fuses, batteries, toggle switches, a Christmas tree light with cut wires, a kitchen timer, Nerf-gun bullets, and a receipt for the fuses containing REINBOLD’S name and address.

As proven at trial, on November 2, 2017, law enforcement executed a search warrant at REINBOLD’S residence in Oklee. Officers recovered materials similar to those found on the hunting land, as well as a book entitled “Anarchist Cookbook,” and a notebook entitled “How one (1) person Can make a difference *Instruction Booklet at the HCU (homemade commando university),” which contained handwritten notes related to manufacturing pipe bombs, making homemade explosives, how to use pipe bombs, and diagrams of bombs that match the bombs found in the tote.

This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Red Lake County Sheriff’s Office, the Crow Wing County Sheriff’s Office, and the Pennington County Sheriff’s Office.

Assistant United States Attorneys Julie E. Allyn and Angela Munoz-Kaphing are prosecuting this case.

 

Defendant Information:

ERIC JAMES REINBOLD, 41

Oklee, Minn.

Convicted:

•  Possession of unregistered destructive devices, 1 count

 

 

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United States Attorney Erica H. MacDonald today announced the sentencing of BRYAN SCOTT ERICKSON, 40, to 75 months in prison and 10 years of supervised release for receiving child pornography. ERICKSON, who pleaded guilty on March 19, 2018, was sentenced earlier today before U.S. District Judge Patrick J. Schiltz in U.S. District Court in Minneapolis, Minnesota.

“This case is the product of outstanding investigative work by dedicated law enforcement professionals,” said Assistant U.S. Attorney Katharine Buzicky. “I am proud to work alongside individuals who are committed to tackling some of the most difficult cases in pursuit of justice for vulnerable, young victims of exploitation.”

According to the defendant’s guilty plea and documents filed in court, ERICKSON used an online application called Kik to trade child pornography in groups dedicated to sharing images of child sexual abuse. In 2016, Homeland Security agents conducted an undercover investigation of child pornography trading on Kik and identified ERICKSON as a Kik user that was sharing child pornography. Homeland Security agents executed a search warrant at ERICKSON’S home and seized numerous computers and electronic devices. The forensic investigation revealed that ERICKSON had approximately 600 online chats with a man who claimed to have sex with his own children. ERICKSON asked the man for “advice” about when to start molesting children, and what sexual acts to engage in with children of various ages.

This case is the result of an investigation conducted by Homeland Security Investigations, with support from U.S. Customs and Border Protection.

Assistant United States Attorney Katharine T. Buzicky prosecuted this case.

 

Defendant Information:

BRYAN SCOTT ERICKSON, 40

La Crescent, Minn.

Convicted:

• Receipt of child pornography, 1 count

Sentenced:

• 75 months in prison
• 10 years of supervised release

 

 

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A federal court enjoined Todd & Patty Meech Dairy Farm and its co-owners from introducing adulterated meat into interstate commerce pending required remedial action, the Department of Justice announced today.

The U.S. District Court for the District of Minnesota entered a consent decree of permanent injunction against the Meech Dairy Farm, located in Sebeka, Minnesota, and its co-owners Todd Meech and Patty Meech.  The consent decree settles a complaint filed by the Department alleging violations of the Food, Drug, and Cosmetic Act, and it requires the defendants to implement specific steps to ensure consumer safety before they can resume introducing specific food – animals and their edible tissue, into interstate commerce.  In particular, the decree requires defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues.

“The Department of Justice is committed to protecting consumers from unsafe foods,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “We will continue to work with FDA to ensure that food producers maintain processes necessary to keep food safe.” 

The Department filed a complaint in the District of Minnesota on Feb. 23, at the request of the U.S. Food and Drug Administration (FDA).  According to the complaint, the Meech Dairy Farm has approximately 500 cattle, including approximately 400 dairy cows, and sells cows for slaughter for use as food.  The complaint alleged that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits.  According to the complaint, lab testing by the U.S. Department of Agriculture (USDA) detected above-tolerance drug residue in the liver of one of defendant’s cows sold for slaughter.  The complaint alleged that a FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat.  

High levels of new animal drugs in animals’ edible tissues poses a significant public health risk.  For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing antibiotic levels above established tolerances.  

“Poor recordkeeping practices and improper administration of drugs to food-producing animals poses a serious risk to consumers,” said United States Attorney Erica H. MacDonald for the District of Minnesota. “The United States Attorney’s Office, along with the FDA, will continue to take action on these types of cases to ensure that Minnesota farmers are following the law and maintaining high food safety standards.”

The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Fred Siekert of the U.S. Attorney’s Office for the District of Minnesota, with assistance of Associate General Counsel for Enforcement Jennifer Argabright of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the District of Minnesota, visit its website at https://www.justice.gov/usao-mn.

WASHINGTON – A federal court enjoined Todd & Patty Meech Dairy Farm and its co-owners from introducing adulterated meat into interstate commerce pending required remedial action, the Department of Justice announced today.

The U.S. District Court for the District of Minnesota entered a consent decree of permanent injunction against the Meech Dairy Farm, located in Sebeka, Minnesota, and its co-owners Todd Meech and Patty Meech.  The consent decree settles a complaint filed by the Department alleging violations of the Food, Drug, and Cosmetic Act, and it requires the defendants to implement specific steps to ensure consumer safety before they can resume introducing specific food – animals and their edible tissue, into interstate commerce.  In particular, the decree requires defendants to establish and implement a quarantine or segregation system that ensures ready distinction between medicated and unmediated animals and that prevents defendants from selling or delivering for food slaughter any animals with illegal new animal drug residues in their edible tissues.

“The Department of Justice is committed to protecting consumers from unsafe foods,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division.  “We will continue to work with FDA to ensure that food producers maintain processes necessary to keep food safe.” 

The Department filed a complaint in the District of Minnesota on Feb. 23, at the request of the U.S. Food and Drug Administration (FDA).  According to the complaint, the Meech Dairy Farm has approximately 500 cattle, including approximately 400 dairy cows, and sells cows for slaughter for use as food.  The complaint alleged that defendants failed to abide by laws designed to protect consumers from consuming food that contained new animal drugs above legal limits.  According to the complaint, lab testing by the U.S. Department of Agriculture (USDA) detected above-tolerance drug residue in the liver of one of defendant’s cows sold for slaughter.  The complaint alleged that a FDA inspection confirmed that the defendants did not record information regarding administered dosage, administration route, withdrawal time for meat, or the usable date for meat.  

High levels of new animal drugs in animals’ edible tissues poses a significant public health risk.  For example, consumers of edible animal tissues who are susceptible to antibiotics may experience severe allergic reactions as a result of ingesting food containing antibiotic levels above established tolerances.  

“Poor recordkeeping practices and improper administration of drugs to food-producing animals poses a serious risk to consumers,” said United States Attorney Erica H. MacDonald for the District of Minnesota. “The United States Attorney’s Office, along with the FDA, will continue to take action on these types of cases to ensure that Minnesota farmers are following the law and maintaining high food safety standards.”

The government is represented by Trial Attorney Monica Groat of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Fred Siekert of the U.S. Attorney’s Office for the District of Minnesota, with assistance of Associate General Counsel for Enforcement Jennifer Argabright of the Department of Health and Human Services’ Office of General Counsel’s Food and Drug Division.

Additional information about the Consumer Protection Branch and its enforcement efforts may be found at http://www.justice.gov/civil/consumer-protection-branch.  For more information about the U.S. Attorney’s Office for the District of Minnesota, visit its website at https://www.justice.gov/usao-mn.

United States Attorney Erica H. MacDonald today announced the sentencing of ALEX REAVES LUNDIN, 26, to 24 months in prison for her role in a $1.1 million Ponzi scheme orchestrated by her husband, Jeremy Lundin. LUNDIN, who pleaded guilty on February 15, 2018, was sentenced yesterday before Judge Wilhelmina M. Wright in U.S. District Court in Saint Paul, Minnesota. When announcing the sentence, the Honorable Judge Wright told LUNDIN, “You assisted your husband in a lengthy and complex fraud scheme at the expense of others. Your victims worked hard for their money; for some it was their life savings. You spent victims’ money on yourself, motivated by selfishness and greed to live a lavish lifestyle that you could not afford.”

U.S. Attorney Erica MacDonald said, “Jeremy Lundin swindled hundreds of thousands of dollars from his friends and associates so that he and Alex Lundin could buy luxury cars and take expensive trips. When Alex Lundin found out about her husband’s fraud, rather than taking steps to stop him or make things right, she helped him keep it going for several more months. The Lundins lied to and stole from honest, hard-working individuals who trusted them. Today’s sentence was another step towards justice for those victims.”

“Alex Lundin used investor money for her personal, financial gain. The Lundin’s spent their client’s investment money to enjoy an extravagant and luxurious lifestyle,” stated Special Agent in Charge Gabe Grchan. “Today’s sentencing illustrates that there are consequences for those who use deceit to enrich themselves at the expense of others. IRS Criminal Investigators will continue to pursue individuals who engage in this type of criminal behavior.”

“Today’s sentencing of Ms. Lundin serves as a reminder of the potential penalty for violating the public’s trust in the U.S. mail”, said Craig Goldberg, Postal Inspector in Charge of the Denver Division which covers the Twin Cities.

“Alex Lundin and her husband defrauded friends and neighbors who trusted them with their life savings,” said Minnesota Commerce Commissioner Jessica Looman. “Investment fraud is a serious crime and this case shows that if you commit fraud in Minnesota, you will be prosecuted.”

According to the defendant’s guilty plea and documents filed in court, from approximately December 2014 through May 2017, Jeremy Lundin claimed that he conducted “options trading” through his business Big Island Capital. He worked through a network of the couple’s associates and friends to solicit investors by promising to generate exponential growth through options trading, and obtained $1.1 million from 51 investors over a roughly two-year period. Between May 2015 and May 2017, at least $992,000 in investor funds was deposited into Jeremy Lundin’s “Big Island Capital” bank account. During roughly the same time period, however, Jeremy Lundin transferred $933,950 from the business account directly into his and LUNDIN’s personal checking account. The couple then used the majority of those investor funds on their personal expenses including travel, luxury automobiles, a boat, jewelry, retail purchases, and more than $366,000 in credit card payments.

According to LUNDIN’s guilty plea and documents filed in court, LUNDIN admitted that by October 2016, she became aware that her husband was not conducting options trading as he promised investors, and that she and Jeremy Lundin had spent all of the investor funds on personal expenses. However, LUNDIN continued to assist her husband in carrying out the scheme for another eight months by soliciting new investors and drafting text messages and emails intended to lull current victim-investors into believing their money was safe. During those final eight months when LUNDIN knowingly participated in the scheme, investors gave Jeremy Lundin another $315,000.

Jeremy Lundin pleaded guilty to one count of mail fraud and one count of money laundering. On February 22, 2018, he was sentenced to 110 months in prison.

This case is the result of an investigation conducted by the Criminal Investigation Division of the IRS, Federal Bureau of Investigation, United States Postal Inspection Service, and Minnesota Department of Commerce Fraud Bureau.

Assistant United States Attorney Amber M. Brennan prosecuted the case.

 

Defendant Information:

ALEX REAVES LUNDIN, 26

Mound, Minn.

Convicted:

• Conspiracy to commit mail fraud, 1 count

Sentenced:

• 24 months in prison
• 3 years of supervised release
• $315,000 in restitution

 

 

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United States Attorney Erica H. MacDonald announced the conviction of JOSE ANDRES VERA-GUTIERREZ, a/k/a “Bullet,” 36, for methamphetamine trafficking. After a six-day trial before U.S. District Judge Wilhelmina M. Wright in Saint Paul, Minnesota, the jury found VERA-GUTIERREZ guilty of one count of conspiracy to possess with intent to distribute methamphetamine. The jury was unable to reach a unanimous verdict on VERA-GUTIERREZ’S co-defendant, MARIBEL TORRES, who was also charged with one count of conspiracy.

“Jose Andres Vera-Gutierrez and his co-conspirators were responsible for trafficking significant amounts of methamphetamine across the country into Minnesota,” said Assistant United States Attorney LeeAnn K. Bell. “This guilty verdict demonstrates yet again law enforcement’s commitment to stopping methamphetamine traffickers from bringing this devastating drug into our communities.”

According to the evidence presented at trial, in December 2016, law enforcement commenced a wiretap investigation that led to a 25-pound methamphetamine seizure on January 18, 2017. VERA-GUTIERREZ and three co-conspirators arranged for the methamphetamine to be transported from California to Minnesota inside hidden compartments in an SUV. On January 18, 2017, the SUV and a trailing passenger car were traveling together on Interstate 35 when a Minnesota State Trooper stopped the SUV for speeding. During the traffic stop, the accompanying passenger car continued driving. Law enforcement found nine packages of methamphetamine hidden behind the panel above the SUV’s rear driver-side wheel and an additional 16 packages hidden behind the panel over the passenger-side wheel. The next morning, law enforcement determined that the passenger car had traveled to VERA-GUTIERREZ’S residence in Brooklyn Park, Minnesota.

This case is the result of an investigation by the Drug Enforcement Administration, the United States Postal Inspection Service, Homeland Security Investigations, the Minnesota State Patrol, the Dakota County Drug Task Force, Ramsey County Sheriff’s Office, Hennepin County Sheriff’s Office, Minneapolis/St. Paul Airport Police, Bloomington Police Department and the Minnesota Bureau of Criminal Apprehension.

Assistant U.S. Attorney LeeAnn K. Bell is prosecuting the case.

 

Defendant Information:

JOSE ANDRES VERA-GUTIERREZ, a/k/a “Bullet,” 36

Brooklyn Park, Minn.

Convicted:

• Conspiracy to possess with intent to distribute methamphetamine, 1 count

 

 

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United States Attorney Erica H. MacDonald announced the conviction of RYAN RANDALL GILBERTSON, 42, founder of Dakota Plains Holdings, Inc., and DOUGLAS VAUGHN HOSKINS, 50, for orchestrating a complex stock manipulation scheme that triggered more than $30 million dollars in fraudulent bonus payments. Following a 10-day trial before U.S. District Judge Patrick J. Schiltz in Minneapolis, Minnesota, the jury found the defendants guilty of multiple counts of wire fraud, conspiracy to commit securities fraud, and securities fraud.

“Ryan Gilbertson masterminded and carried out a complex scheme to manipulate the price of Dakota Plains stock. Although his scheme was complicated, Gilbertson's goal was simple—to line his own pockets at the expense of the company and its investors,” said U.S. Attorney Erica MacDonald. “Gilbertson, a former derivatives trader who co-founded a billion-dollar publicly-traded oil company, was a wealthy man. But like all too many white collar criminals, these defendants were motivated by nothing more than naked greed. The FBI, U.S. Postal Inspection Service, and IRS worked for years to understand, investigate, and prosecute Gilbertson's complex stock manipulation scheme. Thanks to their efforts, these defendants will not escape justice.”

“Postal Inspectors take very seriously their mission to deter the illegal use of the mails for any criminal activity,” said Postal Inspector in Charge, Craig Goldberg. “We are committed to working together with our law enforcement partners to identify, investigate and bring to justice those who would attempt to mask their criminal activity through the use of the mail. Today’s verdict reaffirms how critical a role the US Postal Inspection Service plays in protecting the American consumer from these types of fraudulent schemes.”

“A free market depends on honesty and integrity of those involved in publicly traded companies,” said Jill Sanborn, Special Agent in Charge of the Minneapolis Division of the FBI. “In this case, Gilbertson, the founder of Dakota Plains, along with his associate, conspired to manipulate the market for their own financial gain. We are grateful that the jury saw what we saw in this case – a scheme that looked complex, but was really about market rigging and self-dealing.”

According to the evidence presented at trial, in November 2008, GILBERTSON and his business partner founded Dakota Plains, Inc. (“Dakota Plains”), a privately held company based in Wayzata, Minnesota that owned and operated a transloading facility in New Town, North Dakota. From the outset, GILBERTSON and his partner concealed their involvement in the company by installing their fathers as the company’s executives and two-person board of directors. Rather than capitalize the company at the outset, GILBERTSON caused the company to issue $9 million in promissory notes to himself and other corporate insiders. The notes paid 12% annual interest and included a provision that paid GILBERTSON and the other noteholders a bonus payment based on the average trading price of Dakota Plains stock during the first 20 days of public trading. The bonus payment provision operated as an “embedded derivative” in which the value of the bonus payment would be based on the average price of Dakota Plains stock during the first 20 days of public trading.

GILBERTSON then caused the company to go public via a reverse merger with a company called Malibu Club Tan, which was a publicly traded shell company that operated a single defunct tanning salon in suburban Salt Lake City, Utah. GILBERTSON made it a secret condition of the reverse merger that DOUG HOSKINS, his friend and polo coach, be able to purchase the majority of the freely trading shares, the only shares that could trade publicly following the reverse merger. GILBERTSON then gave $30,000 to HOSKINS, who was deeply in debt and owed money to the IRS and other creditors, in order to purchase 50,000 shares of Dakota Plains stock at a price of $0.50 per share on March 23, 2012, the morning of the reverse merger. That same day, again at the direction of GILBERTSON, HOSKINS began selling his shares at the falsely inflated price of $12 per share.

According to the evidence presented at trial, on the first day of public trading, HOSKINS began selling his newly acquired shares for an inflated price of $12 per share at GILBERTSON’S direction, and continued to do so throughout the first 20 days of public trading following the reverse merger. At the same time, GILBERTSON directed a local stockbroker at a Minneapolis-based securities brokerage firm, to purchase shares of Dakota Plains stock on behalf of both himself and his clients at inflated prices. GILBERTSON also instructed a Salt Lake City-based business consultant to manipulate the price of the stock by ensuring that none of the shell company shareholders sold their stock for less than the $12 per share price offered by his friend and polo coach, HOSKINS. Indeed, on April 4, 2012, GILBERTSON sent a text message to the consultant in Utah bragging that the shell company shareholders “would be participating on sales at 7 bucks [a share] not 12 were it not for my involvement.”

Throughout the 20-day period following the reverse merger, GILBERTSON, with the help of HOSKINS and others, manipulated the price of Dakota Plains stock to increase the average trading price to $11.30 per share. This triggered a $32.8 million bonus payment to GILBERTSON and the other noteholders. GILBERTSON made millions as a result of his stock manipulation scheme. HOSKINS made less money, but still pocketed more than $125,000 from his stock sales, much of which he used to purchase an Argentine polo pony.

In the wake of the fraud scheme, HOSKINS was interviewed by the Securities and Exchange Commission about his involvement in these stock sales. HOSKINS repeatedly lied under oath during the deposition, covering up both his and GILBERTSON’S involvement in the stock manipulation scheme. Among other things, HOSKINS claimed that he did not discuss the stock trades with any other individuals. At trial, GILBERTSON falsely denied his role in the stock manipulation scheme, but conceded that he had arranged for HOSKINS to purchase Dakota Plains stock prior to the reverse merger and had provided HOSKINS with the money with which he purchased the stock.

This case is the result of an investigation conducted by the FBI, Criminal Investigation Division of the IRS, and the United States Postal Inspection Service.

This case is being prosecuted by Assistant United States Attorneys Joseph H. Thompson, Kimberly A. Svendsen, and Melinda A. Williams.

 

Defendant Information:                                                                                                                     

RYAN RANDALL GILBERTSON, 42

Delano, Minn.

Convicted:

• Wire fraud, 14 counts
• Conspiracy to commit securities fraud, 1 count
• Securities fraud, 6 counts

 
DOUGLAS VAUGHN HOSKINS, 50
Wayzata, Minn.
 
Convicted:

• Wire fraud, 2 counts
• Conspiracy to commit securities fraud, 1 count
• Securities fraud, 3 counts

 

 

United States Attorney Erica H. MacDonald today announced a federal indictment charging RASHAD DARNELL NORWOOD, 38, with illegal possession of firearms and distribution of methamphetamine and cocaine. NORWOOD, who is currently in custody in Olmstead County on state charges, made his initial appearance earlier today before Magistrate Judge Jon T. Huseby in U.S. District Court in Saint Paul, Minnesota.

As alleged in the indictment, NORWOOD has three prior felony convictions, including drug possession in Dodge County and Ramsey County, and second-degree murder in Blue Earth County, which prohibit him from owning or possessing a firearm. NORWOOD was also charged with one count each of methamphetamine and cocaine distribution.

This case is the result of an investigation conducted by the FBI and the Rochester Police Department.

This case is being by Assistant U.S. Attorney Bradley M. Endicott.

 

Defendant Information:

RASHAD DARNELL NORWOOD, 38

Rochester, Minn.

Charges:

• Felon in possession of firearms, 1 count
• Possessing firearms in furtherance of drug-trafficking crime, 1 count
• Possession with intent to distribute methamphetamine, 1 count
• Possession with intent to distribute cocaine, 1 count

 

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The charges contained in the indictment are merely allegations, and the defendant is presumed innocent unless and until proven guilty.

United States Attorney Erica H. MacDonald and Acting Assistant Attorney General John Gore today announced a five-count federal indictment charging MICHAEL HARI, 47, MICHAEL MCWHORTER, 29, and JOE MORRIS, 23, with federal civil rights and hate crime violations, and using a destructive device in connection with an explosion at the Dar al-Farooq Islamic Center (“DAF”) in Bloomington, Minnesota, on August 5, 2017.1 MCWHORTER, MORRIS, and HARI were previously named in a criminal complaint filed on March 13, 2018, in the District of Minnesota, charging them with arson.

 

The three defendants are currently being held in custody in Urbana, Illinois, on separate charges.2

“These three defendants allegedly plotted and executed a plan designed specifically to spread fear and threaten a fundamental right afforded to all, the freedom of religion,” said U.S. Attorney Erica H. MacDonald. “In spite of this destructive and violent act alleged in the indictment, our communities have found strength in taking a unified stand against the attack. My office and our law enforcement partners are committed to upholding the laws that protect the civil rights of all Americans.”

“Last year's bombing was more than just an attack against a single structure, it was an attack on the very religious freedoms we enjoy as Americans,” said Jill Sanborn, Special Agent in Charge of the FBI's Minneapolis Division. “The ability to worship how and where we want is a cornerstone of our country's foundation, and the FBI stands ready to work with the community and our law enforcement partners whenever those freedoms are attacked.”

“All people – regardless of where they worship – have the right under federal law to live free from the threat of violence and discrimination,” said Acting Assistant Attorney General John Gore. “This Justice Department will hold accountable under the law anyone who attempts to commit violent acts of hate by threat or action.

The indictment returned by a federal grand jury alleges that HARI, MCWHORTER, and MORRIS engaged in a conspiracy to use an explosive device to intentionally cause damage to the DAF Islamic Center in Bloomington, Minnesota, which serves as a religious center as well as a religious school for children. The defendants targeted this location because of the religious character of the DAF Islamic Center, and for the purpose of making Muslims feel frightened and intimidated by interfering with their free exercise of religious liberty. As part of the conspiracy, HARI constructed a pipe bomb and, on July 27, 2017, rented a pickup truck from a vehicle rental business in Champaign-Urbana, Illinois. On August 4 and 5, 2017, HARI, MCWHORTER, and MORRIS drove together in the rented pickup truck from Illinois to Bloomington, Minnesota, stopping along the way to purchase diesel fuel and gasoline, which the defendants mixed together in a plastic container.

As alleged in the indictment and a previously filed criminal complaint, in the early morning of August 5, 2017, MORRIS used a sledge hammer to break a window at the DAF Islamic Center and threw the plastic container containing the diesel fuel and gasoline mixture into the building. It is alleged that MCWHORTER then lit the fuse on the pipe bomb that HARI had built and threw the pipe bomb through the broken window at the DAF Islamic Center. According to the court documents, the window that was broken was part of the Imam’s office. When the pipe bomb exploded, it ignited the mixture in the plastic container, causing extensive fire and smoke damage to the Imam’s office. MCWHORTER and MORRIS returned to the pickup truck, where HARI was waiting, and sped off, driving back to Illinois.

As alleged in the previously filed criminal complaint, MCWHORTER said in reference to the DAF Islamic Center explosion, that the defendants did not intend to kill anyone, but they wanted to “scare [Muslims] out of the country” and to “show them hey, you’re not welcome here, get the [expletive] out.” 

As alleged in the previously filed criminal complaint, on January 27, 2018, investigators received a tip from a confidential source with information about the three defendants and their involvement with the bombing at the DAF Islamic Center.

The Federal Bureau of Investigation is leading the investigation.

This case is being prosecuted by Assistant United States Attorneys Julie E. Allyn and John F. Docherty of the District of Minnesota, with assistance from Trial Attorney Timothy Visser of the Justice Department’s Civil Rights Division. The team is working in coordination with the U.S. Attorney’s Office in the Central District of Illinois.

 

Defendant Information:

MICHAEL HARI, 47

Clarence, Ill.

Charges:

• Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
• Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
• Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
• Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
• Possession of an unregistered destructive device, 1 count

 
MICHAEL MCWHORTER, 29
Clarence, Ill.
 
Charges:

• Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
• Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
• Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
• Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count

 
JOE MORRIS, 23
Clarence, Ill.
 
Charges:

• Intentionally Defacing, Damaging, and Destroying any Religious Real Property Because of the Religious Character of that Property, 1 count
• Intentionally Obstructing, and Attempting to Obstruct, by Force and the Threat of Force, the Free Exercise of Religious Beliefs, 1 count
• Conspiracy to Commit Federal Felonies by Means of Fire and Explosives, 1 count
• Carrying and Using a Destructive Device During and in Relation to Crimes of Violence, 1 count
   
   

 

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United States Attorney’s Office, District of Minnesota: (612) 664-5600

 

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[1] The charges contained in the indictment are merely allegations, and the defendants are presumed innocent unless and until proven guilty.

[2] Superseding Indictment Adds New Charges Against Four East Central Illinois Men