Eastern District of North Carolina
Press releases recorded for this federal judicial district.
Operation Dodgeball Dismantle Gang that was Terrorizing WilmingtonRead the Press Release
WILMINGTON – United States Attorney Robert J. Higdon, Jr. announced that over the course of the last several months in federal court fourteen defendants have been sentenced in a large-scale heroin trafficking organization.
The investigation was part of an Organized Crime Enforcement Task Force (OCDETF) investigation entitled Operation Dodgeball, which was named in part because of the organizations ability to dodge lengthy prisons sentences and sustained ability to wreak havoc in Wilmington. An OCDETF investigation is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is a classic example of the combining of an OCDETF operation with our Take Back North Carolina Initiative. Wilmington Police Task Force Officers were able to identify members and associates of this violent drug gang and then partner with the FBI and the United States Attorney’s Office to develop a strategy to dismantle this organization. After being armed with this local intelligence, law enforcement was able to utilize the substantial resources and tools of the federal government to help break the back of this group which had been terrorizing Wilmington. The success of this case would not have been possible without these partnerships.
The defendants’ convictions and sentencings were the culmination of an investigation that started in early 2018 focusing on associates of the United Blood Nation who were trafficking heroin and the violence associated with this group in and around Wilmington, North Carolina. GARRY HINES occupied a significant leadership role in the organization.
As part of the investigation, federal and local law enforcement conducted multiple controlled purchases of heroin and a heroin/fentanyl mixture from organization members between April 2018 and August 2018. They also conducted surveillance and performed several traffic stops.
The FBI obtained authorization for a federal wiretap of a cellular phone associated with HINES in August 2018. As a result, agents intercepted calls concerning heroin/fentanyl distribution, firearms and gang violence. Based on the intercepted calls and other information law enforcement obtained a federal search warrant for a residence on North 5th Street that was used a stash house for heroin and firearms. HINES and ANTWINE LUCAS were arrested following the search.
Law enforcement continued to make controlled purchases from other members of the organization at various location in Wilmington and conducted additional traffic stops recovering more firearms and drugs up to and including December 2018.
Nineteen defendants have plead in federal court and fourteen have been sentenced. According to law enforcement, the organization was responsible for the importation and distribution of more than 5 kilograms of heroin and heroin/fentanyl mixture. A total of 11 firearms have been seized. Ballistic testing has determined that some of the firearms recovered during this Operation had previously been used in crimes of violence.
The defendants include:
- GARRY HINES, aka “Rachet,” 26, of Wilmington, NC. HINES pled guilty to three counts of distribution of a quantity of heroin. HINES was sentenced to 276 months’ imprisonment.
- ANTWINE LUCAS, aka “Big World,” 37, of Wilmington, NC. LUCAS pled guilty to conspiracy to possession with intent to distribute and distribute a quantity of heroin and distribution of a quantity of heroin. LUCAS was sentenced to 188 months’ imprisonment.
- ANTONIO FOSTER, 30, of Wilmington, NC. FOSTER pled guilty to distribution of heroin and possession with intent to distribute heroin. FOSTER was sentenced to 156 months’ imprisonment.
- SAVON HARDAWAY, 24, of Wilmington, NC. HARDAWAY pled guilty to three counts of distribution of a quantity of heroin and possession of a firearm by felon. HARDAWAY was sentenced to 151 months’ imprisonment.
- ANDRE HALL, 32, of Wilmington, NC. HALL pled guilty to possession with intent to distribute a quantity of heroin. HALL was sentenced to 151 months’ imprisonment.
- JOSHUA WRIGHT, 26, of Wilmington, NC. WRIGHT pled guilty to distribution of a quantity of heroin. WRIGHT was sentenced to 151 months’ imprisonment.
- JAQUARIES WASHINGTON, 20, of Wilmington NC. WASHINGTON pled guilty to possession with intent to distribute a quantity of heroin. WASHINGTON was sentenced to 132 months’ imprisonment.
- TAVEON NIXON, 21, of Wilmington, NC. NIXON pled guilty to three counts of distribution of a quantity of heroin and possession with intent to a quantity of heroin and crack cocaine. NIXON was sentenced to 120 months’ imprisonment.
- JACQUEZ HILL, 21 of Wilmington NC. HILL pled guilty to conspiracy to distribution of a quantity of heroin, distribution of heroin and possession with intent to distribute heroin. HILL was sentenced to 120 months imprisonment.
- MARCUS BERRY, 29, of Wilmington, NC. BERRY pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of heroin, distribution of a quantity of heroin and possession with the intent to distribute a quantity of heroin. BERRY was sentenced to 48 months’ imprisonment.
- RAQUEL ADAMS, 22, of Wilmington, NC. ADAMS pled guilty to possess with the intent to distribute a quantity of heroin. ADAMS was sentenced to 37 months’ imprisonment
- ALICIA JOHNSON, 22, of Wilmington, NC. JOHNSON pled guilty to distribution of a quantity of heroin. JOHNSON was sentenced to 72 months’ imprisonment
- KEVIN FREEMAN, aka “Glocky,” 24, of Wilmington, NC. FREEMAN pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of heroin and distribution of a quantity of heroin. FREEMAN was sentenced to 33 months’ imprisonment.
- BARRY PIERCE, 23, of Wilmington, NC. PIERCE pled guilty to possession of a firearm by a convicted felon. PIERCE was sentenced to 24 months’ imprisonment.
The remaining defendants are scheduled to be sentenced over the course of the next few months.
The Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Wilmington Department, New Hanover County Sheriff’s Office, and the North Carolina State Bureau of Investigation conducted the investigation of this case. Assistant United States Attorney Timothy Severo prosecuted this case on behalf of the government.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Wilmington Press Conference Time ChangeRead the Press Release
***CHANGE IN TIME***
MEDIA ADVISORY
WHEN: Friday, January 17, 2020 at 1:30 PM
WHERE: New Hanover County Historic Courthouse
Commissioners Assembly Room 301
24 North 3rd Street
Wilmington, NC 28401
Re: Operation DodgeBall
RALEIGH – The United States Attorney’s Office announces a press conference to discuss the sentencing of multiple gang member defendants in a multi-year heroin/fentanyl and heroin conspiracy investigation in Wilmington and New Hanover County. These defendants were not only responsible for the sale of narcotics in Wilmington, but also multiple violent acts. We will also highlight the important partnerships between all levels of law enforcement in this and other investigations during the preceding year. The Federal Bureau of Investigation’s Safe Streets Task Force, consisting of FBI Special Agents, Wilmington Police Department investigators and New Hanover County Sheriff’s Office detectives investigated this case.
In addition to United States Attorney Robert J. Higdon, Jr., District Attorney Ben David, and members of the FBI, ATF, ICE/HSI, Wilmington Police Department, and New Hanover County Sheriff’s Office are expected to be present at this event.
Credentialed members of the media are invited to attend. For additional information, please e-mail Don Connelly at [email protected]. Please RSVP your intentions to attend the event.
Media AdvisoryRead the Press Release
WHEN: Friday, January 17, 2020 at 1:00 PM
WHERE: New Hanover County Historic Courthouse
Commissioners Assembly Room 301
24 North 3rd Street
Wilmington, NC 28401
Re: Operation DodgeBall
RALEIGH – The United States Attorney’s Office announces a press conference to discuss the sentencing of multiple gang member defendants in a multi-year heroin/fentanyl and heroin conspiracy investigation in Wilmington and New Hanover County. These defendants were not only responsible for the sale of narcotics in Wilmington, but also multiple violent acts. We will also highlight the important partnerships between all levels of law enforcement in this and other investigations during the preceding year. The Federal Bureau of Investigation’s Safe Streets Task Force, consisting of FBI Special Agents, Wilmington Police Department investigators and New Hanover County Sheriff’s Office detectives investigated this case.
In addition to United States Attorney Robert J. Higdon, Jr., District Attorney Ben David, and members of the FBI, ATF, ICE/HSI, Wilmington Police Department, and New Hanover County Sheriff’s Office are expected to be present at this event.
Credentialed members of the media are invited to attend. For additional information, please e-mail Don Connelly at [email protected]. Please RSVP your intentions to attend the event.
Chowan County Man Sentenced After Firing Gun in Domestic DisputeRead the Press Release
RALEIGH — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, Chief United States District Judge Terrence W. Boyle, sentenced Nicholas Elliott, 32, of Tyner, NC to 36 months imprisonment, followed by 3 years of supervised release. ELLIOTT was named in a single-count Indictment on August 22, 2019, charging him with being a felon in possession of a firearm. On November 13, 2019, he pled guilty to the Indictment.
According to the investigation, a woman called 911 on June 20, 2019, reporting that her ex-boyfriend, Nicholas ELLIOTT, had fired a gun at her outside a residence in Tyner, NC, in Chowan County. She had fled to a Family Dollar Store, where she placed the 911 call. Chowan County Sheriff Deputies met the woman there. She explained she had been at her home that she shared with ELLIOTT when they had had a physical altercation. She ran out of the house after he grabbed a gun. As she ran toward the woods, she looked back to see him repeatedly firing a black handgun with an extended magazine in her direction. She hid in the woods until she heard ELLIOTT’s car start, then got a ride to Family Dollar and called 911.
The Chowan County Sheriff’s Office responded to ELLIOTT’s residence. ELLIOTT claimed a friend had fired the shots and left with the gun, but he agreed to allow a detective to check the house for firearms. On the bed in ELLIOTT’s bedroom, the detective spotted a silver magazine with four spent and one unspent .40 caliber bullets. On a closet shelf, the detective found a black and silver Smith & Wesson .40 caliber pistol with an extended magazine, as ELLIOTT’s ex-girlfriend had described. ELLIOTT later confessed that he had shot the gun in the air several times after the fight with his ex-girlfriend.
Prior to these events, ELLIOTT had sustained three state convictions for Assault on a Female, as well as a Domestic Violence Protective Order Violation. He also had a state felony drug conviction, for which he was prohibited from possessing firearms or ammunition.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Chowan County Sheriff’s Office conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Blood Gang Member Sentenced to 12 Years for Illegally Possessing a Firearm and NarcoticsRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge Terrence W. Boyle sentenced DENNIS STEWARD MOORE, 43, of Raleigh, NC, to 144 months imprisonment, followed by 5 years of supervised release.
MOORE was named in an Indictment filed on May 22, 2019 charging him with Distribution of a Quantity of Cocaine Base (crack), Possession with Intent to Distribute a Quantity of Cocaine Base (crack), Possession of a Firearm by a Convicted Felon, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime on November 1, 2018. On October 17, 2019, with a written plea agreement, MOORE pled guilty to distribution of crack, possession with intent to distribute crack, and possession of a firearm by a felon.
On August 21, 2018, the Raleigh Police Department (RPD), in Raleigh, North Carolina, conducted a controlled purchase of cocaine base (crack) from MOORE based on information from a confidential source (CS) indicating MOORE was distributing crack. MOORE sold 0.12 gram of crack to the CS from his room at the Wake Inn located on New Bern Avenue in Raleigh.
On November 1, 2018, RPD went to MOORE’s room at the Wake Inn and arrested him based on a warrant to arrest. Incident to his arrest, MOORE was searched and RPD seized $1,051 in U.S. currency, 3.04 grams of cocaine base (crack), and 11.86 grams of cocaine. The RPD also recovered a loaded .22 caliber pistol, drug-packaging material, and a digital scale with drug residue. MOORE was arrested by the RPD.
MOORE admitted to RPD officers that he has sold cocaine base (crack) since 1988, and approximated that he sold 2 ounces (56.7 grams) of cocaine base (crack) per week. Furthermore, MOORE admitted the firearm found in his room belonged to him and that he had recently purchased it.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department (RPD) conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
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The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Nash County Man Sentenced to 15 Years as Armed Career CriminalRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced ARTHUR THOMAS VICK, 61, of Rocky Mount to 180 months imprisonment, followed by 5 years of supervised release. He was found to be an Armed Career Criminal thereby subjecting him to a minimum term of imprisonment of 15 years.
VICK was named in an Indictment filed on October 10, 2018, charging him with being a felon in possession of firearms and ammunition. On September 18, 2019, VICK pled guilty to that charge.
According to the investigation, on August 24, 2018, Officers with the Rocky Mount Police Department responded to a domestic disturbance at an apartment in Rocky Mount. The caller reported VICK threatened her with a handgun. Upon arrival, officers observed VICK in a shouting match with the female. The officers discovered a loaded firearm hidden in VICK’s waistband and another in the trunk of the vehicle he used. VICK’s prior criminal history includes a federal felon in possession of a firearm conviction and an attempted second degree murder conviction, stemming from his attack on a law enforcement officer in Nash County in 1997.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Rocky Mount Police Department investigated this case. Assistant United States Attorney J.D. Koesters prosecuted the case for the government.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Former Green Beret Pleads Guilty to Conspiracy and Receiving Stolen Federal FundsRead the Press Release
GREENVILLE – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, WILLIAM TODD CHAMBERLAIN , 46, of Raleigh pled guilty to Conspiracy and Receiving Stolen Government Property before United States Magistrate Judge Kimberly A. Swank. At sentencing before Senior United States District Court Judge Malcolm J. Howard, CHAMBERLAIN faces a combined maximum sentence of 15 years imprisonment, followed by three years of supervised release, a $500,000 fine, mandatory restitution and forfeiture of $40,000.
Chamberlain was initially charged in an Indictment filed on June 25, 2014. CHAMBERLAIN along with four other members from the 3rd Special Forces Group based at Fort Bragg, North Carolina were indicted. According to the charging documents, CHAMBERLAIN, Cleo Autry, Jeffrey Cook, Deric Harper, and Barry Walls stole approximately $200,000 between July 2009 and January 2010 while deployed together in Afghanistan. The five soldiers’ split-team had access to various government funds. Operational funds were provided to purchase mission critical items that could not be obtained through military supply systems. Commander’s Emergency Response Funds were earmarked for humanitarian projects intended to benefit the local Afghan populace, such as public roads, schools and medical clinics. In addition, there were classified funds for Special Forces to support counterterrorism operations.
The Indictment alleged that these soldiers stole a portion of the funds and falsified receipts to conceal the amount of monies stolen. According to the investigation, all five soldiers converted stolen funds into postal money orders, which were purchased from military post offices in Afghanistan. They also sent cash to family members in the mail or carried cash back into the United States at the end of the deployment. When first approached by law enforcement, CHAMBERLAIN and the others lied. They either claimed falsely winning the cash gambling or bringing the cash with them from the United States when deployed.
The other four soldiers, Cleo Autry, Jeffrey Cook, Deric Harper, and Barry Walls, entered guilty pleas in 2014. CHAMBERLAIN, however, filed numerous pre-trial motions, claiming, among other things, that he needed access to classified information to defend himself. Judge Howard ultimately ruled against CHAMBERLAIN, concluding the classified information was not helpful to his defense.
According to the Government’s proffer, CHAMBERLAIN was the non-commissioned officer-in-charge and the team’s engineer. Since a large portion of these funds were used on building and maintaining the infrastructure of the forward operating base, CHAMBERLAIN had to know the amounts reflected on the receipts were inflated. In addition, three of his teammates would have testified that they handed him large sums of U.S. currency and saw him at the post office purchasing postal money orders.
United States Attorney Higdon commented, “Our Office stands committed to routing out public corruption. Chamberlain and his teammates abused the unique trust bestowed upon them by the military as members of the Special Forces.”
John F. Sopko, Special Inspector General for Afghanistan Reconstruction (SIGAR), stated, “Theft of U.S. government funds in a war zone is a serious crime that weakens our national objectives in Afghanistan. The message of this case is loud and clear: SIGAR and our law enforcement partners will pursue justice — no matter how long it takes.”
Robert E. Craig, Jr., Special-Agent-in-Charge of the Mid-Atlantic Field Office for the Defense Criminal Investigative Service (DCIS) stated, “DCIS also stands committed to aggressively investigating corruption and theft that undermines the integrity of the Department of Defense. We hope this case demonstrates the resolve of DCIS and our law enforcement partners to protect valuable Department of Defense resources and ensure the combat readiness of our Warfighters."
SIGAR, DCIS, the Federal Bureau of Investigation, and the U.S. Army’s Major Procurement Fraud Unit conducted this multi-year investigation. Assistant United States Attorney Susan B. Menzer and Department of Justice National Security Division Trial Attorney Matthew J. McKenzie represented the government.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency at www.Justice.gov/Celebrating150Years.
Wilson Pair Sentenced for Methamphetamine Drug ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge James C. Dever III sentenced DENNIS RAY TAYLOR, 40 of Wilson, North Carolina, to 144 months imprisonment and 5 years supervised release for conspiracy to distribute five grams or more of methamphetamine and possession with intent to distribute five grams or more of methamphetamine, aiding and abetting. BRITTNEY KAYLA NORVELL, also known as “BRITTNEY MINSHEW,” 28, of Wilson, North Carolina was sentenced on August 29, 2019 to 60 months imprisonment, followed by 5 years of supervised release.
TAYLOR and NORVELL were named in an indictment filed on January 9, 2019, charging both with conspiracy to distribute five grams or more of methamphetamine and possession with intent to distribute five grams or more of methamphetamine, aiding and abetting. On June 14, 2019, NORVELL pled guilty to those charges and TAYLOR later pled guilty on July 10, 2019.
According to the investigation, the Wilson Police Department was dispatched to a hotel in Wilson, North Carolina in reference to a drug complaint. Upon arriving, officers encountered TAYLOR and NORVELL inside their hotel room. A search of the room uncovered 49.11 grams of crystal methamphetamine, a knife with methamphetamine residue, sandwich bags, digital scales and currency. The investigation revealed that TAYLOR and NORVELL had received more methamphetamine earlier and intended on selling the rest.
The prosecution of TAYLOR and NORVELL was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF) targeting drug traffickers in Wilson, North Carolina. This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Wilson Police Department and Drug Enforcement Administration (DEA) conducted investigation of this enforcement operation. Assistant United States Attorney Dena King represented the government.
Raleigh Man Sentenced to More Than 6 Years for Illegally Possessing a Firearm and AmmunitionRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced DOMINIQUE DASHAWN WATSON, 27, of Raleigh, NC, to 82 months imprisonment, followed by 3 years of supervised release.
WATSON was named in an Indictment filed on September 19, 2018 charging him with Possession of a Firearm and Ammunition by a Convicted Felon on July 12, 2018. On March 28, 2019, WATSON pled guilty to that charge.
According to the investigation, on July 12, 2018, investigators with the Raleigh Police Department conducted a traffic stop of a vehicle occupied by WATSON. WATSON was removed from the vehicle and detained due to the odor of marijuana in the vehicle. During a search of WATSON, investigators seized 16 grams of marijuana from WATSON’S underwear. During a search of the vehicle, investigators located a loaded 9mm semi-automatic handgun in between the center console and carpeting that had been pulled away from the center console. The handgun was loaded with a round of ammunition in the chamber and 21 rounds of assorted 9mm ammunition in a large capacity magazine. Investigators seized a box of 100 rounds of 9mm ammunition from the rear passenger seat and a digital scale with marijuana residue from the center console. Investigation determined that the firearm was reported stolen in Garner, North Carolina. Investigators determined that WATSON was prohibited from possessing firearms and ammunition due to his prior felony convictions.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
Raleigh Man Sentenced for Illegally Possessing FirearmRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced KEENAN JOSHUA BYRD, 23, of Raleigh, NC, to 48 months imprisonment, followed by 3 years of supervised release.
BYRD was named in an Indictment filed on May 22, 2019 charging him with Possession of a Firearm by a Convicted Felon on January 10, 2019. On August 21, 2019, BYRD pled guilty to Possession of a Firearm by a Convicted Felon.
According to the investigation, on January 10, 2019, the Raleigh Police Department (RPD) responded to the parking lot of a restaurant in Raleigh to investigate a report of an individual sleeping in a vehicle. The officer located BYRD sleeping in the driver’s seat of the running vehicle with the front wheels of the vehicle stopped on the curb, almost in contact with the restaurant. The officer also observed a pistol on the front passenger seat. Other officers responded, secured the vehicle and firearm, and woke BYRD up after several attempts. As officers spoke to BYRD, the officers smelled a strong odor of alcohol coming from BYRD’s person. Officers seized a .40 caliber pistol loaded with 1 round of ammunition in the chamber and 7 rounds of ammunition in the magazine. A spent round of ammunition and an open beer were recovered from the floorboard of the driver’s seat. Officers determined that BYRD was a convicted felon.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
Johnston County Man Sentenced to 14 Years' Imprisonment on Gun and Crystal Meth ChargesRead the Press Release
NEW BERN — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge Louise W. Flanagan, sentenced GLENN SHAW, 43, of Princeton to 172 months’ imprisonment, followed by 5 years of supervised release. SHAW was named in a four-count Superseding Indictment on December 4, 2018, charging him with possession with intent to distribute five grams or more of methamphetamine, two counts of being a felon in possession of a firearm, and one found of possessing a sawed-off shotgun that was unregistered in the National Firearms Registration and Transfer Record. On February 25, 2019, he pled guilty to the methamphetamine offense and to being a felon in possession of a firearm.
According to the investigation, on the afternoon of June 8, 2018, a Johnston County Sheriff’s Office deputy conducted a traffic stop on a black Ford F250 in Princeton, North Carolina for having unlawful purple license plate lights. The driver, identified as SHAW, seemed unusually nervous, and the deputy could smell marijuana in the truck. The deputy also noticed a large machete sitting in the passenger seat. When asked whether he had anything illegal in the truck, SHAW became hysterical. Deputies removed SHAW from the truck, and as they opened the door, they spotted what was later confirmed to be an ounce (26 grams) of 98% pure crystal meth.
The investigation continued and on the morning of July 14, 2018, the Goldsboro Police Department responded to a call at Taco Bell on 11th Street in Goldsboro concerning an unresponsive man sitting in the driver’s seat of a Ford truck. The officer found the truck running, in park, but not in a parking space. He made contact with the man in the driver’s seat, again identified as SHAW, who slowly awoke after the officer repeatedly slapped the driver’s side window. Fearing that SHAW may be in the midst of an overdose, law enforcement contacted Fire and EMS and checked his vitals. SHAW declined to be transported to the hospital but consented to a search of the car. When officers opened the driver’s side door, they spotted a syringe filled with a clear liquid suspected of being heroin. In the glove compartment, officers found a Colt Model Combat Commander .45 caliber pistol. SHAW was prohibited from possessing the gun, having previously sustained a pair of state felony convictions for assault with a deadly weapon inflicting serious injury.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Johnston County Sheriff’s Office, Goldsboro Police Department, and Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
Fayetteville Man Sentenced to More Than 17 Years for Heroin DistributionRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge Louise W. Flanagan sentenced ANTHONY GABRIEL JOHNSON, 42, of Fayetteville, NC, today. JOHNSON was sentenced to 212 months imprisonment followed by 5 years of supervised release.
On July 18, 2018, JOHNSON was named in a two-count Indictment charging him with conspiracy to distribute and possession with intent to distribute one kilogram or more of heroin and possession with intent to distribute 100 grams or more of heroin. On September 4, 2019, JOHNSON pled guilty to those charges.
On April 4, 2018, the Fayetteville Police Department (FPD) and the Federal Bureau of Investigation (FBI) learned that JOHNSON was selling large quantities of heroin and cocaine from his residence in Fayetteville. Investigators met with a Confidential Informant (CI) for the purpose of conducting a controlled purchase of an ounce of heroin from JOHNSON. The CI entered the residence, purchased the heroin from JOHNSON, and returned to the investigator’s vehicle several minutes later. A subsequent laboratory analysis confirmed the substance as heroin, which weighed approximately 27.86 grams.
Officers set up surveillance of JOHNSON’S residence on May 25, 2018. From the morning of May 25, 2018, to midnight of May 26, 2018, the investigator observed approximately 25 vehicles arrive and stay at the residence for a short period of time. On May 29, 2018, via continued surveillance of JOHNSON’S residence, officers observed a vehicle arrive and park in the driveway of the residence. Several minutes later, the vehicle left the residence and was followed by an unmarked law enforcement vehicle. The driver of the vehicle was pulled over after running a red light. During the stop, the driver was observed throwing a bag of suspected cocaine from the vehicle. The individual was found to be in possession of approximately 7.8 grams of powder cocaine packaged in 23 baggies, 8 grams of crack cocaine packaged in 28 baggies, 4.2 grams of heroin, and 125.9 grams of marijuana.
On May 31, 2018, law enforcement executed a search warrant at JOHNSON’S residence and JOHNSON was detained in the living room. During a search of the exterior of the residence, officers located a crawl space where six sandwich bags containing 169 grams of heroin was found. Officers also seized $768 currency. Letters in JOHNSON’S name were located inside the home, along with his cell phone. The defendant was transported to a police station to be interviewed.
JOHNSON agreed to an interview with investigators. JOHNSON admitted to selling heroin from his current residence and a previous residence in Fayetteville. JOHNSON also acknowledged that he was on state post-release supervision and house arrest while he was selling heroin. He indicated that he recently received 200 grams of heroin.
Based upon the investigation, JOHNSON is responsible for the possession and/or distribution of 1,055.5 grams of heroin and he maintained a premise where he stored and distributed heroin.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Federal Bureau of Investigation and the Fayetteville Police Department investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Fayetteville Man Sentenced to More Than 11 Years for Carjacking and Gun CrimesRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced ANTONIO TAPIA DOMENA, Jr., 22, of Fayetteville to 141 months imprisonment, followed by 5 years of supervised release.
DOMENA was named in an Indictment filed on November 27, 2018 charging him with Possession of a Firearm by a Convicted Felon, Carjacking, and Brandishing a Firearm in Furtherance of a Crime of Violence. On August 13, 2019, DOMENA pleaded guilty to Carjacking and Brandishing a Firearm in Furtherance of a Crime of Violence
According to the investigation, on July 23, 2018, three men approached a female soldier in the early morning hours and surrounded her as she was returning to her apartment. One of the men brandished a firearm, pushed her to the ground, and demanded her belongings. Another male stole her purse and removed the contents, stealing car keys, U.S. currency, Korean currency, and her cell phone. The suspects stole the victim’s vehicle, which contained military gear and other personal belongings. Officers with the Fayetteville Police Department responded, observed the vehicle, and conducted a traffic stop. All three individuals fled on foot, but officers successfully apprehended DOMENA. Officers then searched DOMENA and recovered a stolen .38 caliber revolver, an unknown amount of Korean currency, and $116 in U.S. currency.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted the investigation in this case. Assistant United States Attorney Chad Rhoades handled the prosecution of this case for the government.
Fayetteville Man Convicted in Federal Court Sentenced to More Than 10 Years for Drug and Gun CrimesRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced DELTON EUGENE WARREN, 56, of Fayetteville to 138 months imprisonment, followed by 3 years of supervised release.
WARREN was named in an Indictment filed on September 21, 2017 charging him with Distribution of a Quantity of Cocaine Base (crack), Possession with Intent to Distribute 28 grams or More of Cocaine Base (crack), Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Possession of a Firearm by a Felon. On May 8, 2019, WARREN was found guilty after a jury trial.
According to the investigation, on February 22, 2017, Officers with the Fayetteville Police Department received information from a confidential source that WARREN was selling cocaine. Officers conducted four controlled buys over a period of 3 months from WARREN for crack cocaine and conducted a trash pull from WARREN’s residence. (Controlled purchases took place on February 22, 2017, February 27, 2017, March 9, 2017, and March 20, 2017). On April 27, 2017, Officers executed a search warrant at WARREN’s residence and found 17.65 grams of marijuana, 156.51 grams of crack cocaine, 95.94 grams of cocaine, drug paraphernalia, approximately $15,000 cash, and a stolen 9mm handgun firearm. WARREN is a convicted felon and prohibited from possession of firearms.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) conducted investigation of this case. Assistant United States Attorneys Jane Jackson and Chad Rhoades handled the prosecution of this case for the government.
Angier Man Sentenced for Illegally Possessing Firearms and NarcoticsRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan sentenced CURTIS PATRICK HODGES, 38, of Angier, NC, to 90 months imprisonment, followed by 5 years of supervised release.
HODGES was named in an Indictment filed on March 21, 2019 charging him with Possession with Intent to Distribute a Quantity of Cocaine, Cocaine Base (crack), and Marijuana, Possession of a Firearm by a Convicted Felon, and Possession of a Firearm in Furtherance of a Drug Trafficking Crime on March 15, 2018. On August 15, 2019, with a written plea agreement, HODGES pled guilty to Possession with Intent to Distribute a Quantity of Cocaine, Cocaine Base (crack), and Marijuana and Possession of a Firearm in Furtherance of a Drug Trafficking Crime.
According to the investigation, in January of 2018, investigators with the Harnett County Sheriff’s Office (HCSO) conducted two controlled purchases of cocaine and cocaine base (crack) on January 22, 2018, and January 24, 2018.
On March 15, 2018, the HCSO’S Special Response Team executed a search warrant at the residence of HODGES on Newbury Drive in Angier, North Carolina. Investigators made contact with HODGES and placed him into handcuffs while the residence was searched. During the search, investigators located a total of $29,836.06 in United States currency, a loaded Smith and Wesson Shield .40 caliber pistol, a Glock Model 26 .9mm handgun, 2 bags of cocaine, 1 bag of cocaine base, 2 digital scales, a glass mason jar containing 28 grams of marijuana, a shipping box containing stolen body armor, and .40 caliber ammunition. Laboratory testing of the controlled substances which were recovered revealed 12.28 grams of cocaine base and 40.92 grams of cocaine.
Based upon the preceding, HODGES is accountable for 9.05 kilograms of marijuana, 40.92 grams of cocaine, and 12.28 grams of cocaine base, which have a converted drug weight of 61.09 kilograms.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Harnett County Sheriff’s Office conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
Wilson Father and Daughter Sentenced for Counterfeit Access Device OffensesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge James C. Dever III sentenced quenchelle houpe, 22, and her father BRIAN HOUPE, SR., of Wilson, North Carolina to 39 months imprisonment each, followed by three years of supervised release. On May 20, 2019, QUENCHELLE HOUPE pled guilty to one count of conspiracy to traffic in counterfeit access devices, and to one count of trafficking in counterfeit access devices. July 22, 2019, BRIAN HOUPE, SR. pled guilty to the same offenses.
From April 2015 to September 2018, the HOUPES executed a credit card fraud scheme involving the purchase of merchandise using counterfeit credit cards encoded with account information that had been stolen from bank customers. More than 1,000 fraudulent purchase transactions were conducted using more than 793 stolen account numbers. The crimes, which resulted in a total loss of $393,601.59, were committed at Sam’s Club stores located in several east coast states including North Carolina, South Carolina, Virginia, and New York.
Both defendants were ordered to pay restitution.
The United States Secret Service and the Rocky Mount Police Department conducted the investigation. Assistant United States Attorney Toby Lathan represented the government.
Warren County Man Sentenced as Armed Career CriminalRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced KIMJUAN DWANE ELLIS, JR., 25, of Warrenton to 235 months imprisonment, followed by 5 years of supervised release. He was found to be an Armed Career Criminal thereby subjecting him to a minimum term of imprisonment of 15 years.
ELLIS was named in an Indictment filed on January 9, 2019, charging him with being a felon in possession of ammunition. On August 20, 2019, ELLIS pled guilty to that charge.
According to the investigation, on October 19, 2018, officers with the Norlina Police Department responded to a shooting in the parking lot of the Blue Waves convenience store in Norlina, North Carolina. The store’s surveillance camera captured ELLIS shooting another man in the chest after an apparent argument. ELLIS fled the scene after the shooting. The victim was transported to Duke University Medical Center where he was treated for his wounds and survived. Officers recovered a spent shell casing in the area where the video captured the shooting. The gun used by ELLIS was never recovered. ELLIS was later arrested in a vehicle with two other occupants, along with additional firearms and ammunition, one of which had been stolen. None of those firearms, however, was used in the shooting.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
For more information about Project Guardian, please see: https://www.justice.gov/projectguardian.
This case is also part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The United States Attorney’s Office for the Eastern District of North Carolina implements the PSN Program through its Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Warren County Sheriff’s Office, and the Norlina Police Department conducted the investigation of this matter jointly. Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
Two Aliens Indicted on Illegal Reentry Charges and Illegal and Unlawful Alien in Possession of a FirearmRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announces that a federal grand jury in Raleigh has returned indictments charging CESAR ADRIAN AGUIRRE-SANCHEZ, age 39, of Mexico, and DAVID DIAZ-SORIANO, age 32, of Mexico with Illegal Reentry of a Deported Alien.
Additionally, the grand jury returned an indictment charging AGUIRRE-SANCHEZ, with Illegal and Unlawful Alien in Possession of a Firearm.
If convicted of illegal and unlawful alien in possession of a firearm or illegal reentry subsequent to a felony conviction (possession of a stolen vehicle), AGUIRRE-SANCHEZ, previously deported and found in Harnett County, would face maximum penalties of ten years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry, DIAZ-SORIANO, previously deported twice and found in Robeson County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
ICE’s Enforcement and Removal Operations and Homeland Security Investigations are investigating the cases
Seafood Processor and Owner Sentenced for Selling Foreign Crab Meat Falsely Labeled as Product of USARead the Press Release
RALEIGH – Capt. Neill’s Seafood Inc. (Capt. Neill’s) of Columbia, North Carolina, and Phillip R. Carawan, the owner, President, and Chief Executive of Capt. Neill’s, were sentenced today by U.S. District Judge Louise Flanagan, in New Bern, North Carolina. Capt. Neill’s was sentenced to a period of five years’ probation and is required to pay a $500,000 fine. Carawan was sentenced to 12 months and one day in prison, followed by three years of supervised release, and is required to pay a $250,000 fine for his role in falsely labeling millions of dollars’ worth of foreign crab meat as “Product of USA.”
“Individuals and companies who seek to profit from the fraudulent mislabeling of seafood harm American fishermen and consumers,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division. “We are committed to working with our law enforcement partners to hold accountable those who engage in seafood fraud and mislabeling.”
“Seafood mislabeling is consumer fraud that undermines efforts of hardworking, honest fisherman and the free market by devaluing the price of domestic seafood,” said Acting U.S. Attorney General Norman Acker III for the Eastern District of North Carolina. “In this case, the fraudulent scheme artificially deflated the cost of domestic blue crab and gave Carawan an unacceptable economic advantage over law-abiding competitors.”
“Combating seafood fraud continues to be a priority for the NOAA Office of Law Enforcement,” said Director Jim Landon of the Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement. “The effects of this type of fraud impact not only the consumer, but also honest fishermen and the livelihoods of others in the fishing industry. We will continue to identify and investigate those who seek to undermine the legal requirement to accurately label seafood products.”
Capt. Neill’s and Carawan were engaged in the business of purchasing, processing, packaging, transporting, and selling seafood and seafood products, including crab meat from domestically harvested blue crab. According to their plea agreements, Capt. Neill’s and Carawan admitted that beginning at least as early as 2012, and continuing through June 16, 2015, Carawan directed company employees to repack foreign crab meat into containers labeled “Product of USA,” which Capt. Neill’s then sold to customers as jumbo domestically harvested blue crab. The falsely labeled crabmeat was then sold primarily to wholesale membership clubs, but also to retailers. Capt. Neill’s and Carawan further admitted that during that time period, the retail market value of the mislabeled crabmeat they sold was $4,082.841.
As part of his plea agreement, Carawan further admitted that he and his company could not and did not process sufficient quantities of domestic blue crab to meet customer demands. To make up the shortfall, Carawan and his company used foreign crab meat to fulfill customer orders. During the periods when the company did not have a sufficient supply of domestic crab, Carawan and Capt. Neill’s purchased crab meat (not live crabs) from South America and Asia.
As a result of the plea and sentence, Capt. Neill’s will pay restitution to persons whom the government confirmed purchased Capt. Neill’s jumbo crab meat between 2012 and June 16, 2015. For individuals who wish to see whether they qualify for restitution and for further information on the prosecution, please visit the following site: https://www.justice.gov/usao-ednc/captneillsseafoodvictiminformationpage
This case was part of an ongoing effort by the NOAA Office of Law Enforcement, in coordination with the Food and Drug Administration, and the Department of Justice to detect, deter, and prosecute those engaged in the false labeling of crab meat.
This prosecution is being handled by the Justice Department’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of North Carolina. The government is represented by Senior Litigation Counsel Banumathi Rangarajan and Trial Attorney Gary N. Donner.
U.S. Attorney’s Office Promotes DOJ’s Elder Justice Initiative at a Cumberland County Senior CenterRead the Press Release
FAYETTEVILLE –The United States Attorney’s Office for the Eastern District of North Carolina promotes the Department of Justice’s Elder Justice Initiative by conducting outreach and educating older adults at the Blue Street Senior Center about the latest scams so they do not fall victim.
The Department of Justice’s Elder Justice Initiative aims to combat the financial exploitation of our senior citizens by expanding efforts to investigate and prosecute financial scams that target seniors, educate older adults on how to identify scams and avoid getting ripped off by scammers, and promote greater coordination with law enforcement partners.
According to statistics collected by the FBI’s Internet Crime Complaint Center victims lost $2.71 billion dollars to fraud in 2018, and victims over the age of 60 lost $649,227.724.
Some examples of financial fraud targeting seniors discussed during the presentation were:
- Affinity Fraud – in which the scammer pretends to have some connection to the senior or a basis for establishing trust, such as being a member of the same cultural, racial, ethnic, or religious community.
- Prize Scam – also known as “lottery scam” in which the scammer claims you won a prize or lottery money but you have to pay a “processing fee” or taxes before you can claim the prize.
- Grandparent Scam – where the scammer convinces seniors that their grandchild is in trouble and needs money to pay rent, bills, unexpected car repairs, or even money for bail.
- Tech Support Scam – in which seniors may be surfing the internet and a pop-up appears claiming the computer is infected with a virus and is designed to get access to your computer.
- Romance Scam – where scammers start an online romantic relationship and lull victims into believing they need funds for a visit to the U.S. or some other purpose.
- Government Imposter Scam – where scammers threaten immediate arrest if money is not paid.
Some tips shared with the participants on how to avoid falling victim to a financial scam were:
- Don’t share personal information with anyone you don’t know.
- Don’t pay a fee for a prize or lottery winning.
- Don’t click on pop-up ads or messages.
- Delete phishing emails and ignore harassing phone calls.
- Don’t send gift cards, checks, money orders, wire money, or give your bank account information to a stranger.
- Don’t fall for a high-pressure sales pitch or a lucrative business deal.
- If a scammer approaches you, take the time to talk to a friend or family member.
- Keep in mind that if you send money once, you’ll be a target for life.
- Remember, it’s not rude to say, “NO.”
- A good rule of thumb is, if it’s too good to be true, it’s likely a scam.
Robert J. Higdon, the United States Attorney for the Eastern District of North Carolina, stated “By targeting older adults, scammers take advantage of some of the most vulnerable people in our society. We will continue to be vigilant in prosecuting these scammers, but we want to arm our older population with the proper knowledge to recognize the signs of financial fraud schemes so they will not become a victim. This is a priority of the Department of Justice and of the United States Attorney’s Office for the Eastern District of North Carolina.”
For more information about DOJ’s efforts to prevent and combat elder abuse, please visit the Elder Justice Website at https://www.justice.gov/elderjustice. Elder fraud complaints may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP. You can also contact the Victim Connect Hotline between 9am-6pm, Monday through Friday, at: 1- 855-4VICTIM (1-855-484-2846), or contact the Elder Justice Coordinator at the U.S. Attorney’s Office for the Eastern District of North Carolina at (919) 856-4530.
Director of Not-For-Profit in Henderson, N.C. Sentenced for Theft of Federal FundsRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge James C. Dever III sentenced COMULUS LATEZES BRIDGES, 41, of Douglasville, Georgia to 15 months imprisonment, followed by 3 years of supervised release and was ordered to pay $209,877 in restitution. On July 10, 2019, BRIDGES pled guilty to theft of federal childcare and adult food program funds.
The U.S. Department of Agriculture’s (USDA) Child and Adult Care Food Program (CACFP) is a federal program that, among other things, is designed to provide food assistance to young children in out-of-home care. The At-Risk Afterschool Meals (ARAM) component of CAFCP offers federal funding to qualifying afterschool programs that serve meals and snacks to children in low-income areas.
BRIDGES was the director of Beyond the Barriers Outreach, Inc. (“BTBO”), a not-for-profit organization headquartered in Henderson, North Carolina. In 2012, BTBO, through BRIDGES, applied for and was approved to participate in the ARAM component of CACFP. BTBO was authorized to receive reimbursement for afterschool meals and snacks that BRIDGES claimed would be served to school-aged students at its afterschool center located in Henderson.
BTBO participated in CACFP from January 2013 to April 2016. During this period, BRIDGES submitted monthly claims for reimbursement for daily meals and snacks purportedly served to as many as 90 students at its Henderson afterschool center. However, the investigation revealed that BRIDGES’ claims were false. Soon after BTBO was approved by CACFP, BRIDGES moved to Georgia and did not operate an afterschool program in Henderson. Due to BRIDGES’ non-payment of utility bills, the afterschool center was without electricity, gas, and water/sewer services most of the time period during which BRIDGES claimed to operate an afterschool program.
As a result of the fraud, BRIDGES received $209,887 in unauthorized payments. Most of the fraudulently obtained funds were diverted to BRIDGES’ personal expenses in Georgia, such as restaurants, gas, apartment lease, cell phone bill, beauty supplies, massages, and payments associated with a Chapter 13 bankruptcy proceeding.
The United States Department of Agriculture, Office of Inspector General conducted the investigation. Assistant United States Attorney Toby Lathan represented the government.
Burgaw Man Sentenced to More than 5 Years’ Imprisonment for Possessing Gun While on Federal Supervised ReleaseRead the Press Release
NEW BERN — United States Attorney Robert J. Higdon, Jr., announced that today in federal court, United States District Judge Louise W. Flanagan, sentenced Clifton Tyrail Evans, 36, of Burgaw to 66 months’ imprisonment, followed by 3 years of supervised release. Evans was named in a single-count Indictment on January 15, 2019, charging him with possession of a firearm by a felon. On August 22, 2019, he pled guilty to a single-count Criminal Information charging the same offense.
According to the investigation, a sergeant of the Bladen County Sheriff’s Office was monitoring traffic on April 30, 2018, at the intersection of NC 11 and Natmore Road, when he spotted a car going 70 in a 55 mph zone. He stopped the car and identified the driver as the defendant. Because Evans appeared unusually nervous - so much so that he nearly burned a hole in his pants with a lit cigarette - a K-9 unit was called to investigate. After the K-9 alerted to the presence of contraband in the car, EVANS admitted he had a gun and a small amount of cocaine in the center console. Law enforcement recovered a Sig Sauer P229 9mm handgun.
This is EVANS’ second federal conviction for being a felon in possession of a firearm. The first conviction occurred in 2009, and Evans was on federal supervised release for that offense when he committed the crime for which he was sentenced today. This violation of the terms of his supervised release accounted for 18 months of the total sentence imposed. Prior to his federal conviction, EVANS also sustained two felony convictions for robbery with a dangerous weapon, a felony drug conviction, and a felony conviction for eluding with a motor vehicle.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Bladen County Sheriff’s Office conducted the investigation. Assistant United States Attorney Jake D. Pugh represented the government.
U.S. Attorney’s Office Collects $13,006,363.50 in Civil and Criminal Actions in Fiscal Year 2019Read the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced today that the Eastern District of North Carolina collected $8,527,783.50 in criminal and civil actions in Fiscal Year 2019. Of this amount, $6,362,993.33 was collected in criminal actions and $2,164,790.17 was collected in civil actions.
One notable example of the office’s dogged pursuit of victim restitution is the case against Compassionate Home Care Services, Inc. and two other individual defendants. After a years-long investigation and civil prosecution of false claims submitted to Medicaid, the Court awarded the United States and the State of North Carolina a multimillion-dollar judgment. Because of evidence developed during a thorough financial investigation, the Court restrained significant property early in the case to preserve it for collection. After the judgment issued, the governments used garnishments, executions, and other remedies to collect over $500,000 in short order.
Additionally, the Eastern District of North Carolina worked with other U.S. Attorney’s Offices and components of the Department of Justice to collect an additional $134,460.79 in cases pursued jointly by these offices. Of this amount, $15,378.18 was collected in criminal actions and $119,082.61 was collected in civil actions.
“We will use every tool in our arsenal to aggressively collect victim restitution and criminal fines, and recover taxpayer dollars lost to fraud and owed to government agencies,” said Mr. Higdon. “We are proud of the men and women in our office who have worked so hard to ensure justice through their collection efforts. They are to be congratulated for their tremendously successful efforts.”
The U.S. Attorneys’ Offices, along with the department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts owed to the U.S. and criminal debts owed to federal crime victims. The law requires defendants to pay restitution to victims of certain federal crimes who have suffered a physical injury or financial loss. While restitution is paid to the victim, criminal fines and felony assessments are paid to the department’s Crime Victims Fund, which distributes the funds collected to federal and state victim compensation and victim assistance programs.
Additionally, the U.S. Attorney’s Office in the Eastern District of North Carolina, working with partner agencies and divisions, collected $4,478,580 in asset forfeiture actions in FY 2019. Forfeited assets deposited into the Department of Justice Assets Forfeiture Fund can be used for a variety of purposes, including to support law enforcement. In certain circumstances, they can also be used to restore funds to crime victims. The Department of Justice, for instance, restored at least 1.8 million in assets forfeited by the United States Attorney’s Office for the Eastern District of North Carolina in Fiscal Year 2019, which assets have been used to compensate the victims of crimes prosecuted by this office.
Mr. Higdon stated: “Asset forfeiture is an important tool in the fight against crime. The forfeiture of assets which facilitate crimes or which are the fruits of the crime deprives the criminals of the means and reasons for their criminal activity. We will continue to aggressively pursue wrongdoers and their illegal assets as well.”
Two Fayetteville Men Indicted on Felon in Possession of a FirearmRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging Miguel marquis hutchinson, age 33, of Fayetteville, with Felon in Possession of a Firearm, Possession of a Firearm in Furtherance of a Drug Trafficking Crime and Possession with Intent to Distribute a Quantity of Marijuana and Jeremy jamar tumbling, age 30, also of Fayetteville, with Felon in Possession of a Firearm.
A Fayetteville Police Officer stopped HUTCHINSON, who has a prior felony conviction for 2nd degree murder. A narcotics K-9 alerted to the presence of narcotics within HUTCHINSON’s vehicle and a search resulted in the discovery of 22.8 grams of marijuana inside the center console, baggies, and a digital scale. Further search revealed a black 9mm Taurus semiautomatic pistol from under the driver’s seat on the right side pinned against the center console.
If convicted, HUTCHINSON would face maximum penalties of 20 years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
TUMBLING, who has a prior felony conviction for possession of a stolen firearm, was a passenger in a vehicle stopped by Fort Bragg Military Police for speeding. Upon approaching the vehicle, the officer smelled a strong odor of marijuana. A vehicle search resulted in the discovery of a Taurus 9 mm pistol on the passenger’s side floorboard. A further search of the vehicle, led to the recovery and seizure of another pistol on the driver’s side floorboard, marijuana, an AK-47 assault rifle in the trunk, and approximately $17,000 in U.S. Currency.
If convicted, TUMBLING would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
Homeland Security Investigations, the Fort Bragg Provost Marshal’s Office and the Fayetteville Police Department are investigating the cases.
Thirteen Kinston Residents Sentenced to Federal Prison for Drug and Gun SalesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, before Chief United States District Judge Terrence W. Boyle, twelve men and one woman were sentenced for their roles in selling heroin, cocaine, crack cocaine, and guns to undercover agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”) in 2018.
The investigation was part of OCDETF Operation Crosstown Traffic, which targeted violent gang members operating out of Kinston, North Carolina. Operation Crosstown Traffic was created in response to the violent crime and gang problems that had been plaguing the area. The 2016 Uniform Crime Reporting (UCR) data from the FBI identified Kinston as the 3rd most dangerous city in North Carolina. According to the City Rating, the 2016 Kinston city violent crime rate was 194% higher than the National violent crime rate and 175% higher than the crime rate in North Carolina.
Mr. Higdon commented: “About 18 months ago, we stood with law enforcement in Kinston and dedicated ourselves to taking that community back from the violent criminals and drug traffickers who were terrorizing the community. Working with our federal, state, and local law enforcement partners we have made important progress in removing drug traffickers, violent criminals and those illegally carrying guns from the community. Our work is not yet done, but these sentences and the removal of these defendants from the community are an important next step.”
“Today’s sentencing is the culmination of a focused initiative designed to remove the most dangerous individuals from our neighborhoods,” stated Vincent Pallozzi, ATF Charlotte Field Division’s Special Agent in Charge. “These collaborative efforts with our local, state and federal partners have a major role in breaking up violent criminal groups.”
An Organized Crime Drug Enforcement Task Force (OCDETF) is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
As part of the investigation, law enforcement conducted dozens of controlled purchases of heroin, cocaine, and various firearms from local gang members and individuals operating under their direction. During the course of the operation, which took place between January 2018 and January 2019, 100 firearms (12 reported stolen), 254 grams of heroin, 296 grams of cocaine, and 92 grams of crack cocaine were seized by ATF.
On January 9, 10, and 11, 2019, ATF arrested 34 federal defendants and 22 were also arrested on state charges. During the roundup, 14 firearms, 50 grams of MDMA, 14 grams of heroin, and $5,690.00 US Currency were seized. Suspect interviews resulted in the arrest and/or solving of 3 homicides and 5 shootings in the Kinston area.
The defendants who have been sentenced thus far include:
- JAQUAL MONTIE KOONCE, aka “Little Haiti,” 22, of Kinston, NC. KOONCE was convicted of conspiracy to distribute and possess with the intent to distribute a quantity of heroin, distribution of a quantity of heroin, and possession of a firearm in furtherance of a drug trafficking crime. KOONCE was sentenced to 240 months’ imprisonment.
- NAHSON JAHKEEM SUGGS, aka “Nas,” 23, of Kinston, NC. SUGGS was convicted of conspiracy to distribute and possess with the intent to distribute a quantity of heroin, four counts of distribution of a quantity of heroin and aiding and abetting, one count of distribution of a quantity of heroin and methoxyacetal fentanyl, two counts of distribution of a quantity of heroin, and possession of a firearm in furtherance of a drug trafficking crime. SUGGS was sentenced to 123 months’ imprisonment.
- DWAYNE LEONZO HERRING, 31, of Kinston, NC. HERRING was convicted of aiding and abetting distribution of a quantity of cocaine, and possession of a firearm in furtherance of a drug trafficking crime. HERRING was sentenced to 90 months’ imprisonment.
- JARRETT JEROME JOHNSON, aka “JJ”, 21, of Kinston, NC. JOHNSON was convicted of distribution of a quantity of heroin and possession of a firearm in furtherance of a drug trafficking crime. JOHNSON was sentenced to 48 months’ imprisonment.
- TYRICCO MARIO PITTS, 28, of Kinston, NC. PITTS was convicted of distribution of a quantity of cocaine and possession of a firearm by a felon. PITTS was sentenced to 40 months’ imprisonment.
- DEANDRE MURRELL, aka “Man,” 25, of Kinston, NC. MURRELL was convicted of aiding and abetting distribution of a quantity of heroin and fentanyl, and possession of a firearm by a felon. MURRELL was sentenced to 37 months’ imprisonment.
- QUREN SHAIKEEM MEWBORN, aka “Buddha,” 24, of Kinston, NC. MEWBORN was convicted of conspiracy to distribute and possess with intent to distribute a quantity of heroin, aiding and abetting distribution of a quantity of cocaine, and possession of a firearm in furtherance of a drug trafficking crime. MEWBORN was sentenced to 36 months’ imprisonment.
- KHADAFI KAMEEK-MONTR BARNES, aka “Nookie,” 18, of Kinston, NC. BARNES was convicted of conspiracy to distribute and possess with intent to distribute a quantity of heroin, aiding and abetting distribution of a quantity of heroin, and aiding and abetting distribution of a quantity of cocaine. BARNES was sentenced to 22 months’ imprisonment.
- DESHAKEEM TYSHEIK TURNAGE, aka “Trouble,” 26, of Kinston, NC. TURNAGE was convicted of felon in possession of a firearm. TURNAGE was sentenced to 108 months’ imprisonment.
- ARVENTIONO NYREKI LAWSON, 22, of Kinston, NC. LAWSON was convicted of conspiracy to distribute and possess with the intent to distribute a quantity of heroin and aiding and abetting distribution of a quantity of heroin. LAWSON was sentenced to 30 months’ imprisonment.
- JAYQUON MARQUIS NOBLES, aka “Chop,” 22, of Kinston, NC. NOBLES was convicted of conspiracy to distribute and possess with intent to distribute a quantity of heroin, aiding and abetting distribution of a quantity of heroin, and possession of a firearm in furtherance of a drug trafficking crime. NOBLES was sentenced to 78 months’ imprisonment.
- COREY MILLS, 24, of Kinston, NC. MILLS was convicted of possession of a sawed-off shotgun. MILLS was sentenced to 5 years’ probation.
- INDIA AYESHA WILKERSON, aka “Esha,” 21 of Kinston, NC. WILKERSON was convicted of distribution of a quantity of codeine and aiding and abetting. WILKERSON was sentenced to 3 years’ probation.
This case is part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Kinston Police Department, Lenoir County Sheriff’s Office, Goldsboro Police Department, and the North Carolina State Bureau of Investigation, and with the assistance of the Drug Enforcement Administration (DEA) conducted the investigation. Assistant United States Attorney Laura S. Howard prosecuted this case on behalf of the government.
Officer Safety Top Priority of U.s. Justice DepartmentRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that the United States Department of Justice has awarded $460,810.27 to 77 local law enforcement agencies in the Eastern District of North Carolina to reimburse them up to 50 percent of the cost of body armor vests purchased for law enforcement officers through the Bulletproof Vest Partnership Program. (see attached list of agencies) Additionally, Pitt County received $100,000.00 under the Body Worn Camera Policy and Implementation Program. This funding will enable them to improve their capacity to gather evidence and protect the safety of law enforcement officers and citizens.
The Law Enforcement Safety and Wellness Research and Evaluation Program is used to address safety, health and wellness priorities through research and evaluation. The Research Triangle Institute received $549,260.00 under this program.
“The importance of protecting those who protect us cannot be overstated,” said Mr. Higdon. “The Department of Justice continues to demonstrate this through programs like these that provide funding for both the physical and emotional well-being of our brave men and women who protect us all every day.”
High Ranking Gang Member Receives 23 Years in Federal Prison and Armed Gang Member Receives More Than 12 Years in Federal PrisonRead the Press Release
WILMINGTON – United States Attorney Robert J. Higdon, Jr. announced that United States District Judge James C. Dever III sentenced GARRY “RATCHET” HINES, age 25, of New Hanover County to 276 months imprisonment, followed by 3 years of supervised release. He also sentenced SAVON HARDAWAY, 23, of New Hanover County to 151 months imprisonment followed by 3 years of supervised release.
On November 14, 2018, HINES pled guilty to three counts of distribution of a quantity of heroin. On August 5, 2019, HARDAWAY pled guilty to three counts of distribution of heroin and possession of a firearm by a convicted felon.
The Federal Bureau of Investigation’s Safe Streets Task Force, which is made up of FBI Special Agents, Wilmington Police Department investigators and New Hanover County Sheriff's Office detectives began this investigation in March 2018. The task force uncovered an enormous amount of evidence that HINES and HARDAWAY were part of the Nine Trey sect of the United Blood Nation responsible not only for the sale of narcotics in Wilmington, but also multiple violent acts.
Between March 29 and July 21, 2018, the task force made several controlled purchases of heroin and/or a heroin/fentanyl mixture from HINES or someone sent by HINES from several locations in Wilmington, North Carolina.
On August 21, 2018, law enforcement developed information, which led them to believe that HINES and others were gathering up guns in order to take part in a retaliatory shooting of another group. After receiving this information, law enforcement conducted surveillance on the residence on North 5th Street. They observed HARDAWAY and another male exit the residence and get into a car. A traffic stop was conducted. HARDAWAY fled and attempted to hide a stolen .380 handgun and a .45 caliber handgun. Law enforcement recovered both handguns. Ballistics showed the .45 caliber handgun had previously been used in prior shootings. The other person had a stolen 9mm handgun on his person. This person has a pending federal indictment on another firearms charge.
On August 31, 2019, a federal search warrant was served on North 5th Street in Wilmington. HINES and Antwine “Big World” Lucas were arrested. Law enforcement found a handgun underneath the couch where HINES was seated when the search warrant was served. HINES was also in possession of baggies that contained a mixture of fentanyl and methamphetamine. Previously, Lucas was sentenced in federal court for his criminal conduct in this organization and received a sentence of 188 months in federal prison.
Mr. Higdon commented: “Our effort to Take Back North Carolina was born out of the violence and drug trafficking issues in Wilmington and across our District. And this case is just an example of why we are committed to the defeat of criminal gang activity. Those who terrorize our communities and who fill them with illegal drugs can expect the same treatment as these defendants. We will take our communities back.”
"The FBI has a message for gang members involved in violent criminal activities; we will use every lawful tool available to hold you accountable for your crimes. No matter how powerful you believe you are, you cannot win when the FBI and our law enforcement partners join forces to fight crime in North Carolina," said John Strong, FBI Special Agent in Charge.
This case is part of an FBI lead OCDETF operation “DodgeBall”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation focused on members of the Nine Trey sect of the United Blood Nation in Wilmington who were involved in the distribution of heroin, possession of firearm and associated violence.
This case is a classic example of the combining of an OCDETF operation with our Take Back North Carolina Initiative. Wilmington Police Task Force Officers were able to identify members and associates of this violent drug gang and then partner with the FBI and the United States Attorney’s Office to develop a strategy to dismantle this organization. After being armed with this local intelligence, law enforcement was able to utilize the substantial resources and tools of the federal government to help break the back of this group which had been terrorizing Wilmington. The success of this case would not have been possible without these partnerships.
The Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina emphasizes a regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Federal Bureau of Investigation Safe Street Task Force, the Wilmington Police Department and the New Hanover County Sheriff’s Office conducted the investigation of this case. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Five Aliens Indicted on Illegal Reentry Charges and Illegal and Unlawful Alien in Possession of a FirearmRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Raleigh has returned indictments charging DAVID FRANCISCO BAMACA-AYALA, age 22, of Guatemala, OMAR MALDONADO ELIGIO, age 31, of Mexico, MARTIN VILLEGAS-MARTINEZ, age 49, of Mexico, with Illegal Reentry of a Deported Alien.
Additionally, the grand jury returned indictments charging DAVID BAZA-SOLIS, age 29, of Mexico and JOSE RICARDO AYALA-RODAS, age 38, of Guatemala, with illegal and unlawful alien in possession of a firearm.
If convicted of illegal reentry of a deported alien, BAMACA-AYALA, previously deported three times and found in Harnett County, MALDONADO ELIGIO, previously deported two times and found in Wake County, and VILLEGAS-MARTINEZ, previously deported and found in Johnston County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal and unlawful alien in possession of a firearm, BAZA-SOLIS, found in Wilson County, and AYALA-RODAS, found in Harnett County would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Sampson County Man Sentenced for Assaulting a Postal WorkerRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, United States District Judge Louise W. Flanagan sentenced DAVID CHRISTOPHER STUART, 33, of Clinton to 130 months imprisonment, followed by 5 years of supervised release.
STUART was named in an Indictment filed on November 7, 2018, charging him with assault on a person in custody of mail matter, money or other property of the United States while using a dangerous weapon. On June 4, 2019, STUART pled guilty to that charge.
According to the investigation, on June 6, 2018, a United States Postal Service employee, was working alone in the Turkey, North Carolina, Post Office when a male wearing a mask, STUART, jumped over the counter, and demanded money. The postal worker opened the drawer and handed STUART the money from the tray. STUART then followed the victim to the safe in the back of the Post Office, where he ordered her to open the additional drawers. When no other funds were located, STUART took the postal worker’s cellular phone and told her to stand in the corner as he fled out from the Post Office.
The postal worker went to the Post Office lobby after STUART fled the Post Office, observed STUART fleeing the scene and then called 911 from the office phone. STUART was subsequently arrested on June 7, 2018. The United States Postal Inspection Service along with the Sampson County Sheriff’s Office subsequently interviewed STUART and after waiving his Miranda rights, he admitted that he had robbed the Post Office in Turkey.
The United States Postal Inspection Service along with the Sampson County Sheriff’s Office conducted the investigation. Assistant United States Attorney Daniel William Smith represented the government.
Rocky Mount Tax Preparer Sentenced to Three YearsRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that United States District Judge Louise W. Flanagan sentenced Moses whitaker, age 44, of Rocky Mount, North Carolina to 36 months imprisonment, followed by one year of supervised release and ordered him to pay $167,285 in restitution to the Internal Revenue Service.
WHITAKER was named in a Criminal Information filed on April 2, 2019 charging him with willfully aiding and assisting in the preparation and filing of a false US individual income tax return. On May 3, 2019, WHITAKER pled guilty to that charge.
According to the investigation, WHITAKER owned and operated a tax preparation business in Rocky Mount for the tax years 2010 through 2014 under the names M&S Tax Service and MIX Tax Service. Unable to obtain the necessary preparer tax identification and electronic filing identification numbers from the IRS due to his criminal record, WHITAKER obtained these numbers using the names and personal information of other individuals. During these years, WHITAKER electronically filed approximately 2,023 returns with the IRS.
Even after the IRS executed a search warrant at the business on April 15, 2015, WHITAKER applied for and obtained these required numbers in the name of a relative and continued to prepare and file false income tax returns for his clients. For the 2015 to 2018 tax years, WHITAKER electronically filed another 1,361 returns with the IRS.
The returns contained various false information to include false dependents, inflated tax withholdings, education credits, and unreimbursed business expenses. The Government estimated, based only on the inflated tax withholdings, WHITAKER’s conduct had resulted in approximately a $2.8 million loss to the IRS. WHITAKER also filed false returns in his own name.
IRS Criminal Investigation conducted the investigation in this matter. Assistant United States Attorney Susan B. Menzer represented the government.
Raleigh Man Sentenced to 20 Years in Roanoke Rapids Bank RobberyRead the Press Release
RALEIGH - United States Attorney Robert J. Higdon, Jr. announced that United States District Judge James C. Dever, III, sentenced DANNIE SIMON PARKER, JR., 49, of Raleigh, North Carolina, to 240 months’ imprisonment.
On December 28, 2017, PARKER entered the PNC Bank in Roanoke Rapids, North Carolina. Utilizing a handwritten demand note, PARKER, who was unarmed, stole $1,975 from the bank before fleeing. He was caught a short time later on I-95 South, after police blocked traffic in order to apprehend him. In the passenger seat of the car PARKER was driving were the funds from the robbery, as well as the demand note, and various other incriminating items. PARKER has two prior convictions for federal bank robbery, and was on federal supervised release at the time of the robbery.
After a two-day jury trial in April, PARKER was found guilty of bank robbery. PARKER received 240 months’ imprisonment—the statutory maximum.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
In support of PSN, the United States Attorney’s Office for the Eastern District of North Carolina has implemented the Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The Federal Bureau of Investigation, Roanoke Rapids Police Department, and the Halifax County Sheriff’s Office conducted investigation of this case. Assistant United States Attorneys Donald R. Pender and Melissa B. Kessler handled the prosecution of this case for the government.
Raleigh Blood Gang Member Sentenced for Illegally Possessing a FirearmRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that today, United States District Judge Louise W. Flanagan sentenced Mohammed hakim upchurch, 25, of Raleigh to 60 months’ imprisonment, followed by 3 years of supervised release.
UPCHURCH was named in a Criminal Information filed on July 24, 2019, charging him with Possession of a Firearm by a Felon. On July 24, 2019, UPCHURCH pled guilty to that charge.
According to the investigation, On October 6, 2018, an officer with the Raleigh Police Department was patrolling the area of the Birchwood Apartments at the request of the property manager, who wanted trespassing laws enforced due to violent crime and illegal drug activity that frequently occurred in and around the apartment complex. During patrol, the officer observed UPCHURCH, walking between two apartment buildings. The officer knew that UPCHURCH did not reside in the apartment complex and that UPCHURCH was on state probation. Additionally, the apartment complex had “No Trespassing” signs posted. The officer observed UPCHURCH standing alone on a porch. As the officer approached, UPCHURCH picked up his belongings and tried to walk away. The officer advised UPCHURCH that he was trespassing. UPCHURCH stated that he was knocking on a friend’s door, but they would not answer. As the officer attempted to detain him, UPCHURCH tried to walk away. The officer then grabbed his arm, as UPCHURCH pulled way and tried to enter the apartment. The officer and UPCHURCH struggled as UPCHURCH continued attempts to escape until an additional officer arrived, and he was finally placed in handcuffs. A search of UPCHURCH incident to arrest found a .380 caliber handgun and six bullets in the magazine.
The Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms & Explosives, and the Raleigh Police Department conducted the investigation. Assistant United States Attorney Daniel W. Smith represented the government.
Fayetteville Man Sentenced for Trafficking Two Kilograms of HeroinRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge Louise W. Flanagan sentenced JAMES MELVIN, II, 34, of Fayetteville, NC, today. MELVIN was sentenced to 66 months imprisonment and 3 years of supervised release.
On July 12, 2019, MELVIN pled guilty to possession with intent to distribute one kilogram or more of heroin.
In June 2016, agents with the Drug Enforcement Administration in Charleston, South Carolina were conducting a federal wiretap. During the wiretap, agents intercepted MELVIN and an individual known as “Ignacio” arranging the trafficking of a significant amount of heroin.
Specifically, agents intercepted four phone calls between MELVIN and “Ignacio” between June 6, 2016, and June 10, 2016. In these calls, MELVIN discussed purchasing two kilograms of heroin from “Ignacio” for $57,000 per kilogram. “Ignacio” also told MELVIN that he would send someone to MELVIN to ensure MELVIN had the money, and that the heroin could be provided in two days following confirmation.
On June 10, 2016, agents searched a trashcan at MELVIN’s residence and recovered a pair of latex gloves with heroin residue on them.
Agents soon learned MELVIN would be receiving the heroin shipment on July 3, 2016, from “Ignacio.” On July 3, 2016, agents conducted surveillance on MELVIN’S vehicle. MELVIN was later observed speeding from Cumberland County, North Carolina, into Hoke County, North Carolina, when agents conducted a traffic stop.
After a K-9 gave a positive alert on MELVIN’S vehicle, agents opened the driver’s side door and a red bag containing 2,003 grams of heroin fell to the ground. Additionally, officers found $18,000 in U.S. currency in the center console.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Drug Enforcement Administration (DEA), the Fayetteville Police Department, the North Carolina State Highway Patrol, and the Hoke County Sheriff’s Office investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Fayetteville Man Sentenced for Cocaine DistributionRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge Louise W. Flanagan sentenced CLARENCE DONNELL GENERETTE, a/k/a “Murda,” 56, of Fayetteville, NC, today. GENERETTE was sentenced to 60 months imprisonment and 5 years of supervised release.
On July 12, 2019, GENERETTE pled guilty to conspiracy to distribute and possess with intent to distribute 500 grams or more of cocaine and to distribution of a quantity of cocaine.
On January 24, 2018, the Fayetteville Police Department (FPD) received information from a confidential informant (CI) that GENERETTE was using his residence on Reedy Creek Drive in Fayetteville to distribute cocaine. The FPD used a CI to conduct two purchases of cocaine from GENERETTE.
On February 7, 2018, while the FPD conducted surveillance on GENERETTE, officers observed a vehicle arrive at GENERETTE’S Fayetteville residence. An individual exited the vehicle and entered the garage for a short period before leaving in his vehicle. Subsequently, the FPD conducted a vehicle stop on the vehicle that had just departed GENERETTE’S residence. Upon approaching the vehicle, the officer immediately detected the odor of marijuana. The FPD utilized a K-9 unit, which gave a positive alert for the presence of contraband inside the vehicle. The FPD seized two firearms, approximately 133 grams of marijuana, four Alprazolam tablets and drug paraphernalia from the vehicle. The driver admitted that he had just purchased the marijuana from GENERETTE.
On February 8, 2018, the FPD conducted surveillance on the Reedy Creek Drive residence and observed GENERETTE leave the residence. Subsequently, officers conducted a traffic stop and GENERETTE was taken into custody and transported back to his residence. During the search of the residence, officers seized the following items from GENERETTE’S room: 14.32 grams of cocaine; 2.89 grams of marijuana; a digital scale; 1,825 plastic bags with torn corners; and several empty bottles of Inositol, a common cutting agent. Additionally, $430 in United States currency was seized.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Fayetteville Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Two Former Camp Lejeune Marines Sentenced to Federal Prison for Distributing Oxycodone and Fentanyl Linked to Fellow Marine’s DeathRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, Chief United States District Judge Terrence W. Boyle sentenced ANTHONY P. TOGNIETTI, 27, of Paradise, California, and Marcos jamie villegas, 24, of St. Charles, Illinois, for distributing a quantity of a mixture and substance containing a detectable amount of oxycodone and fentanyl, and aiding and abetting. TOGNIETTI was sentenced to 3 years imprisonment and 3 years of supervised release and VILLEGAS was sentenced to 120 months imprisonment followed by 3 years of supervised release. Both TOGNIETTI and VILLEGAS were recently separated from the United States Marine Corps as a result of their federal prosecution.
According to the investigation, on April 14, 2017, a United States Marine Corporal and VILLEGAS were visiting at a local residence in Richlands, North Carolina. During the party, VILLEGAS provided the Corporal with pills that he and TOGNIETTI had purchased over the dark web. The pills had been advertised as oxycodone laced with fentanyl, a highly powerful opiate that can be lethal in even small doses. In the early hours of April 15, 2017, VILLEGAS discovered the Corporal unresponsive. The Corporal was taken to Onslow Memorial Hospital in Jacksonville, North Carolina, and died shortly after his arrival. The Corporal’s autopsy revealed his cause of death as fentanyl overdose and low alcohol content. The Corporal was just 20 years old at the time of his death.
Investigation by the Naval Criminal Investigative Service (NCIS) revealed that just a few weeks later, similar pills were seized from VILLEGAS’s barracks room. The pills were later sent off for testing and came back positive for fentanyl. Examination of VILLEGAS’s cellular phone revealed text messages discussing purchases of drugs. Further coordination by NCIS with the United States Postal Inspection Service and the Drug Enforcement Administration linked the pills purchased by VILLEGAS and TOGNIETTI to a manufacturer and dark web distributor in Texas. That man, Alaa Mohammed Allawi, 30, was later charged and pled guilty in the United States District Court for the Western District of Texas to conspiracy to possess with intent to distribute 400 grams or more of fentanyl resulting in death or serious bodily injury and using a gun during a drug crime. He also pleaded guilty to conspiracy to launder money. As part of the deal, Allawi agreed to be sentenced to 30 years in federal prison.
The Naval Criminal Investigative Service, the Drug Enforcement Administration, and the United States Postal Inspection Service conducted the investigation. Assistant United States Attorney Laura S. Howard represented the government.
North Carolina Tax Return Preparer Sentenced to Prison for Tax FraudRead the Press Release
A Raleigh, North Carolina, man was sentenced to 45 months in prison today for conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney for the Eastern District of North Carolina, Robert J. Higdon Jr.
According to court documents and statements made in court, from 2011 through 2014, Garvey Imhotep conspired with others to file false tax returns for clients of several tax return preparation businesses, including Tax Kings, Two Brothers Tax Service, and Taxes Done Right. Imhotep and his co-conspirators filed returns claiming false education expenses and other fraudulent items in order to increase clients’ tax refunds. To conceal his involvement and evade Internal Revenue Service (IRS) detection, Imhotep used tax preparer identification numbers that are assigned to other individuals. Imhotep’s conduct caused a tax loss of more than $1.5 million to the United States.
In addition to the prison term, U.S. District Judge James C. Dever III, ordered Imhotep to serve three years of supervised release and to pay $2,144,888 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Higdon commended special agents of IRS-Criminal Investigation, who investigated the case, and Assistant United States Attorney Ethan Ontjes and Trial Attorney Lauren Castaldi of the Tax Division, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Another Member of a Halifax County Multi-Kilogram Heroin Trafficking Organization SentencedRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that TYSHAWN RAYVON REAMS, 36, of Scotland Neck, NC, was sentenced today by United States District Judge Louise W. Flanagan. REAMS was sentenced to 88 months imprisonment and 5 years of supervised release.
On October 16, 2018, REAMS pled guilty to conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin and a quantity of marijuana and possession with intent to distribute 100 grams or more of heroin and aiding and abetting.
In March 2016, an investigation was initiated by the Tar River Regional Drug Task Force (TRRDTF), led by the Nash County Sheriff’s Office, into a drug trafficking organization (DTO) headed by Terrence Clyburn, which was operating out of Scotland Neck, Tarboro, and Nash Counties in North Carolina. Law enforcement received information that members of the DTO had made several trips to Paterson, New Jersey, to acquire large quantities of heroin for distribution in Nash, Edgecombe, and Halifax Counties.
On March 13, 2017, as DTO members Herbert Cherry and Tony Reams returned from a trip to Paterson, New Jersey, an officer observed a vehicle driven by Cherry speeding and weaving between traffic lanes in Halifax County. A canine was utilized to conduct an exterior narcotics sniff of the vehicle, which resulted in an alert on the vehicle’s trunk. A search of the vehicle resulted in the seizure of 694 bricks of heroin (approximately 470 grams of heroin) which were packaged in 34,722 bindles and hidden in a false bottom of a suitcase and a laundry bag located in the trunk.
On August 16, 2017, the North Carolina State Highway Patrol conducted a traffic stop of another vehicle operated by the DTO, which was occupied by Tara Simmons and Charles Lee Wright. The vehicle was stopped for a speeding violation in Halifax County. Investigators detected the odor of marijuana emanating from the vehicle and determined that Simmons was the driver of the vehicle. A canine, utilized to scan the vehicle, alerted to the rear of the vehicle. Located near the spare tire in the rear of the vehicle, investigators recovered 13 grams of marijuana and approximately 102 bricks of heroin. Each “brick” contained 50 “bindles,” or dosage units, of heroin. The drugs seized totaled 110 grams of heroin.
The investigation revealed that from approximately 2012 to 2017, the DTO trafficked approximately 14.4 kilograms of heroin. The investigation revealed that TYSHAWN REAMS regularly directed the activities of the organization’s couriers and would receive heroin in North Carolina from the couriers. REAMS would then sell the heroin to customers in North Carolina on behalf of the drug trafficking organization.
All defendants charged in this investigation have now been convicted and those sentenced are indicated below.
- Terrence Corneilus Clyburn (sentenced to 147 months imprisonment)
- Tony Ray Reams (sentenced to 47 months imprisonment)
- Herbert Lamont Cherry (sentenced to 71 months imprisonment)
- Charles Lee Wright (sentenced to 60 months imprisonment)
- Tara Finis Simmons (sentenced to 28 months imprisonment)
- Patrick Direece Holiday (sentenced to 96 months imprisonment)
- Mario Marelle Scott (pled guilty on 11/13/19 & awaiting sentencing)
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Nash County Sheriff’s office, Edgecombe Sheriff’s Office, the Halifax County Sheriff’s Office, the Bladen County Sheriff’s Office, the Wake County Sheriff’s Office, the Spring Hope Police Department, and the Tarboro Police Department investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Wilmington Gang Member Receives 13 Years in Federal PrisonRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that on Friday in federal court, Chief United States District Judge Terrence W. Boyle sentenced ANTONIO FOSTER, 30, of Wilmington North Carolina to 156 months imprisonment, followed by 3 years of supervised release.
FOSTER was named in a two-count Indictment filed on March 13, 2019 charging him with distribution of a quantity of heroin and possess with the intent to distribute a quantity of heroin. On August 8, 2019, FOSTER pled guilty to distribution of a quantity of heroin and possess with the intent to distribute a quantity of heroin.
According to the investigation, on January 23, 2019, the New Hanover County Vice Unit conducted a controlled purchase of heroin from FOSTER outside of an apartment complex in Wilmington North Carolina.
Following the sale of heroin, law enforcement served a search warrant on FOSTER’S apartment. Law Enforcement found items used to manufacture heroin in a child’s closet and 500 bags of cocaine and almost 400 bags of heroin in a beanbag chair. FOSTER had recently been released from prison for a North Carolina State Court conviction for habitual felon. According to law enforcement, FOSTER is a validated Gang Member.
This case is also part of the Take Back North Carolina Initiative of The United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
This case is part of an FBI Coastal Carolina Safe Street Task Force lead OCDETF operation “Dodge Ball”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on violent Gang Members involved in the distribution of heroin, possession of firearms and associated violence.
The Federal Bureau of Investigation Coastal Carolina Safe Street Task Force, the New Hanover County Sheriff’s Offices, and North Carolina State Bureau of Investigations conducted the investigation of this case. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the government.
Lewiston Woodville Man Sentenced to More Than 10 Years for Heroin and Cocaine Base (Crack) DistributionRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., today announces that United States District Judge Louise W. Flanagan sentenced DONNELL LEE, 42, of Lewiston-Woodville, NC. LEE was sentenced to 128 months imprisonment followed by 3 years of supervised release.
On April 16, 2019, LEE pled guilty to distribution and possession with intent to distribute a quantity of heroin and a quantity of cocaine base (crack), as well as possession with intent to distribute a quantity of heroin and a quantity of cocaine base (crack).
The Bertie County Sheriff’s Office (BCSO) in Windsor, North Carolina, began an investigation utilizing a confidential informant (CI) in order to conduct controlled purchases of heroin from LEE. The CI met with LEE at LEE’s residence on Oak Drive in Lewiston-Woodville, North Carolina three times.
On December 14, 2016, the BCSO travelled to LEE’S residence to execute a search warrant. While surveilling the residence, investigators observed LEE burying glass mason jars on the curtilage of his property. Investigators subsequently searched the area where LEE was observed burying the jars and discovered glass mason jars containing quantities of cocaine base (crack), heroin, marijuana, and rice as a moisture absorber. Inside the residence, investigators recovered $2,128.00 in U.S. currency, scales, plastic baggies, other drug paraphernalia, and additional quantities of heroin, cocaine base, and marijuana. The total amount of controlled substances recovered were 855 bindles of heroin (25.65 grams of heroin), 146 baggies of cocaine base (59.86 grams of cocaine base), and 144.8 grams of marijuana.
On February 22, 2018, LEE’S vehicle was stopped at a traffic checkpoint conducted by the BCSO. As LEE drove towards the checkpoint, investigators observed LEE placing items into the backseat of his vehicle. LEE was asked to exit the vehicle and subsequently attempted to flee on foot; however, LEE was quickly apprehended. A search of LEE revealed $1,745 in U.S. currency. Officers searched LEE’s vehicle and discovered an additional quantity of heroin, for a total of 760 bindles of heroin (22.8 grams of heroin), as well as 10.55 grams of cocaine, 1 gram of marijuana, digital scales, and plastic baggies.
Based upon the preceding, from October 19, 2016, through February 22, 2018, LEE is accountable for 49.35 grams of heroin, 10.55 grams of cocaine, 59.86 grams of cocaine base, and 990.94 grams of marijuana.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Bertie County Sheriff’s Office investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Citizen of Mexico Sentenced for Unlawfully Voting in the 2016 General ElectionRead the Press Release
NEW BERN – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that PATRICIA FRANCO-RODRIGUEZ, age 28, of Mexico, residing in Johnston County, North Carolina, was sentenced to a $975 fine and $25 special assessment by United States District Judge Louise W. Flanagan after a guilty plea to illegal voting by an alien.
According to court records, FRANCO-RODRIGUEZ, a Mexican citizen, is a lawful permanent resident in the United States and not a citizen of the United States. Thus, FRANCO-RODRIGUEZ is not permitted to vote for candidates for the office of President, Vice President, and House of Representatives. FRANCO-RODRIGUEZ registered to vote in North Carolina in 2016 by signing a voter registration application on which there was an attestation of United States citizenship.
FRANCO-RODRIGUEZ voted in the General Election of 2016. When questioned by Homeland Security agents, FRANCO-RODRIGUEZ admitted that she voted for all of the positions in the ballot.
The Document Fraud Benefit Task Force led by agents from Homeland Security Investigations conducted the investigation in this matter. The investigation as to voter fraud is ongoing.
Man Sentenced to 35 Years for Federal Drug and Firearm ChargesRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court yesterday, United States District Judge James C. Dever, III sentenced HOWARD DAVIS, 41, of Holly Springs, North Carolina, to 420 months’ imprisonment, followed by an 8 year term of supervised released.
On June 7, 2017, DAVIS was named in an Indictment in which he was charged with possession with the intent to distribute 28 grams or more of cocaine base (crack), and a quantity of cocaine, both Schedule II controlled substances and possession of a firearm in furtherance of a drug trafficking crime. On September 11, 2018, DAVIS was convicted in federal court following a day and a half jury trial.
On March 1, 2017, Holly Springs Police officers pulled DAVIS over for a window tint violation and while the officer was verifying DAVIS’s information, he fled the scene. This resulted in a high-speed chase within a residential neighborhood until DAVIS exited his car and fled on foot into a swamp. The investigation resulted in the seizure of over 28 grams of cocaine base (crack) and 178 grams of cocaine, $67,288.00 and a firearm. This was DAVIS’s third federal conviction.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Holly Springs Police Department and Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorneys Gabriel Diaz and Jason Kellhofer prosecuted the case for the government.
Immigration Attorney and Client Convicted for Providing Fraudulent Statements in an Immigration ProceedingRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, Chief United States District Judge Terrence W. Boyle sentenced DAVID E. PIVER, age 60, a licensed attorney in Pennsylvania to $1,000, the maximum statutory fine for the violation, followed by his guilty plea to aiding and abetting fraudulent statements in an immigration proceeding.
Additionally, Judge Boyle sentenced PIVER’s client, ASHISH PRASSAD BHATTARAI, age 40, of Morrisville, North Carolina, for making fraudulent statements in an immigration proceeding, and imposed a $1,000 fine for the violation.
According to the investigation, BHATTARAI, an alien from Nepal, overstayed his visa and obtained employment in the United States by falsely claiming United States citizenship in an Employment Eligibility Verification (Form I-9). Thereafter, BHATTARAI married a United States citizen, retained PIVER’s legal services, and applied for lawful permanent status. In the application form, BHATTARAI was asked if he ever claimed to be a United States citizen. BHATTARAI, under penalty of perjury, stated he had never claimed to be a United States citizen.
Further, court records show that when BHATTARAI appeared with PIVER before United States Citizenship and Immigration Services (USCIS) for his “green card” interview, the adjudicator asked BHATTARAI the same question orally. BHATTARAI this time answered truthfully. PIVER then asked for a recess and advised BHATTARAI to recant BHATTARAI’s statement admitting the false claim of United States citizenship. Moreover, PIVER also advised BHATTARAI to move to another jurisdiction in order to re-file the same application with the hope of having a different adjudicator assigned to the proceeding.
The investigation also revealed that shortly thereafter, BHATTARAI rented an apartment in Greensboro, North Carolina and a new application form was submitted to USCIS. In the new application, BHATTARAI and PIVER certified under penalty of perjury that BHATTARAI had never claimed to be a United States citizen.
Likewise, United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. emphasized, “This task force has appropriately focused effort at all levels and in this instance appropriately brought to justice an attorney providing criminal advice to his client, who was additionally at fault, but who falls into a category of persons easily taken advantage of.”
“Under U.S. law, attorneys can’t advise their clients to make false statements, and aliens seeking U.S. residence can’t procure it through fraudulent means,” said Ronnie Martinez, special agent in charge of HSI Charlotte. “HSI special agents, through our Document and Benefit Fraud Task Force, worked closely with our partners at U.S. Citizenship and Immigration Services to investigate this case.”
The Document Fraud Benefit Task Force led by agents from Homeland Security Investigations, in conjunction with USCIS’s Fraud Detection and National Security, conducted the investigation in this matter.
Shallotte Man Sentenced for Cocaine Base (Crack) DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announces that United States District Judge James C. Dever, III sentenced SPENCER LAMONT BRYANT, 33, of Shallotte, NC, today. BRYANT was sentenced to 210 months imprisonment and 5 years of supervised release.
On August 20, 2019, BRYANT pled guilty to conspiracy to distribute and possess with intent to distribute 280 grams or more of cocaine base (crack) and to distribution of a quantity of cocaine base.
In April, 2011, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in Wilmington, North Carolina and the Brunswick County Sheriff’s Office (BCSO) identified BRYANT as a high-volume cocaine base (crack) supplier in the Brunswick County area. With the assistance of several confidential sources of information (CI), officers conducted ten controlled purchases from BRYANT, seizing a total of 265.55 grams of cocaine base (crack) from BRYANT.
Officers also interviewed multiple witnesses who described BRYANT’s drug trafficking operation. Based on those interviews and the amounts seized by law enforcement directly from BRYANT between at least June 30, 2007, and March 22, 2019, BRYANT was held accountable for the distribution of at least 14 kilograms of crack.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). OCDETF is a joint federal, state, and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations, and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
This case is part of the United States Attorney’s Office’s Take Back North Carolina Initiative. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For additional information about this initiative, click here https://www.justice.gov/usao-ednc/tbnc.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Brunswick County Sheriff’s Office investigated this case. Assistant United States Attorney Scott A. Lemmon prosecuted this case for the government.
Rocky Mount Woman Sentenced for FEMA FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina announced that Chief United States District Judge Terrence W. Boyle sentenced SHEILA RUFFIN, 51, of Rocky Mount, to thirty days of imprisonment followed by two years of supervised release.
RUFFIN was charged in an Indictment with 15 counts of fraud related to the Hurricane Matthew recovery effort conducted by the Federal Emergency Management Agency (FEMA). On May 22, 2019, RUFFIN pled guilty pursuant to a written plea agreement to one count of Disaster Fraud.
On October 8, 2016, Hurricane Matthew impacted the coast of North Carolina, bringing record storm surge levels and catastrophic flooding. In the aftermath, a Presidential Major Disaster Declaration was issued covering certain eastern North Carolina counties. The declaration enabled various forms of federal disaster assistance that was administered by FEMA.
From February 2017 to April 2018, on 15 occasions, RUFFIN made false statements and submitted fraudulent documentation in connection with applications for FEMA assistance. RUFFIN falsely claimed that her pre-hurricane residence remained uninhabitable, requiring her to pay for temporary housing. As a result, RUFFIN received $11,250 in rental assistance to which she was not entitled. As part of the sentence, RUFFIN was ordered to pay restitution in the amount of $11,250.
The U.S. Department of Homeland Security, Office of Inspector General, conducted investigation of this case. Assistant United States Attorney Toby Lathan prosecuted the case for the government.
Man Sentenced to More Than 4 Years for Felon in Possession of a FirearmRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court yesterday, Chief United States District Judge Terrence W. Boyle sentenced CHARLES JUNIOR ANDERSON, 55, of Little River, South Carolina, to 55 months’ imprisonment, followed by a 3 year term of supervised released.
On February 21, 2019, ANDERSON was named in a one-count Indictment in which he was charged with Felon in Possession of a Firearm. On September 17, 2019, ANDERSON pled guilty to the Indictment.
On October 26, 2018, Brunswick County Sheriff’s Office Vice and Narcotics officers observed a vehicle leave a known drug area and commit multiple traffic infractions while traveling to a grocery store parking lot in Calabash, NC, where the vehicle came to a stop and was approached by officers. A firearm was observed on the floor of the front passenger seat of the vehicle where ANDERSON was seated. ANDERSON admitted that the firearm belonged to him. This was ANDERSON’s third federal conviction for Felon in Possession of a Firearm.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017 the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
That effort has been implemented through the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices in those communities on a sustained basis to reduce the violent crime rate, drug trafficking, and crimes against law enforcement. For more information about this initiative click here: https://www.justice.gov/usao-ednc/tbnc.
The investigation of this case was conducted by the Brunswick County Sheriff’s Office, Vice and Narcotics Division, with assistance from the Federal Bureau of Investigation and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant United States Attorney Bryan M. Stephany prosecuted the case for the government.
Lumberton Armed Bank Robber Sentenced to Life in Federal PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that Chief United States District Terrence W. Boyle, sentenced DEMETRIS SEAN ROBINSON, a/k/a “Bo Bo,” 27, of Whiteville, North Carolina, to life imprisonment plus 10 years to be served consecutively, followed by 5 years of supervised released. ROBINSON was ordered to pay $40,302 in restitution.
On May 1, 2019, ROBINSON was convicted following a jury trial of Armed Bank Robbery and Aiding and Abetting, Discharging a Firearm during a Crime of Violence, and Possession of a Firearm by a Convicted Felon. On November 14, 2019, Robinson’s co-defendant, DAQUAN MADRID PRIDGEN, was sentenced by Chief Judge Boyle to Life imprisonment, plus ten years’ imprisonment to be served consecutively. Robinson’s other two co-defendants, JERAMIE ROSS VAUGHN and RASHAD DEVONTE YOUNG, a/k/a “Rep,” each received 180 months imprisonment.
The evidence presented at trial showed that sometime in late 2017, the four men began planning to rob a bank and gathered high-quality masks to wear during the robbery, and several firearms, including a rifle, shotgun, and two handguns. On January 23, 2018, the four men travelled to Lumberton and cased banks before deciding to rob the PNC Bank. ROBINSON, PRIDGEN, and YOUNG each brandished firearms and ordered the tellers to hand over money. A bank employee was also ordered to the bank vault where additional money was taken. In all, the four men fled the bank with over $40,000 in cash.
Officers of the Lumberton Police Department (LPD) quickly caught up with the robbers and a two-county high-speed chase ensued. Other law enforcement officers from the Robeson County Sheriff’s Office (RCSO) and the Columbus County Sheriff’s Office (CCSO) also joined the chase. The defendants drove through residential areas and reached speeds in excess of 90 miles per hour. At various points in the chase, ROBINSON fired at officers both while the getaway vehicle was in motion and while the vehicle stopped several times. Several law enforcement vehicles were struck, but there were no injuries to law enforcement. The chase ended when ROBINSON, PRIDGEN, and VAUGHN abandoned the vehicle on the side of the road in Columbus County and fled on foot into the woods. YOUNG ran on foot when the vehicle stopped at an earlier time. All four were eventually apprehended and charged.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Since 2017, the United States Department of Justice has reinvigorated the PSN program and has targeted violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case is also part of the Take Back North Carolina Initiative of the United States Attorney’s Office for the Eastern District of North Carolina. This initiative emphasizes the regional assignment of federal prosecutors to work with law enforcement and District Attorney’s Offices on a sustained basis in those communities to reduce the violence crime rate, drug trafficking, and crimes against law enforcement.
The FBI, the North Carolina State Bureau of Investigation, the Lumberton Police Department, the Robeson County Sheriff’s Office, and the Columbus County Sheriff’s Office conducted the investigation of this case. Assistant United States Attorneys Erin C. Blondel and Robert J. Dodson prosecuted the case for the government.
Air Force Veteran Sentenced on Charges Arising from False Claims to the Department of Veterans AffairsRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, BRYAN PAUL WINQUIST, 39, of Cordova, Tennessee, was sentenced to 1 month of intermittent confinement and 9 months of house arrest as terms of a 3 year period of probation on a charge of Theft of Government Property. WINQUEST was also ordered to pay a $3,100.00 fine and $11,669.06 in restitution to the United States Department of Veterans Affairs (VA).
Mr. Higdon stated, “To commit a fraud upon the VA is to steal from those who have risked their lives to protect this nation. The limited funds available to the VA are critical to meeting the needs of those who have faithfully served our country and this office will continue to hold accountable all who obtain veterans benefits through fraud and deception. In this case, the defendant completely fabricated a battlefront incident, and injury and falsely claimed to have received a commendation as a result of that incident. Then, adding insult to injury, he stole the benefits and services due to those who have served and been injured. His conduct is shameful, illegal and an affront to those who have served honorably and with distinction and to those who bear the scars of defending this county.”
The United States Department of Veterans Affairs (VA) affords disability compensation to veterans for injuries and illnesses that are service-connected, that is, for conditions incurred or aggravated during military service. To receive disability compensation, a veteran must file a truthful claim alleging specific facts justifying the service-connected nature of the claimed disability.
On or about March 22, 2014, WINQUIST, submitted a claim to the VA alleging that he suffered from Post-Traumatic Stress Disorder (PTSD) arising from a service-connected incident. The claim falsely alleged that on September 18, 2003, WINQUIST was on patrol in the town of Balad, Iraq, as an augmented medic/EMT for an army infantry unit. The claim further alleged that while serving in this unit, WINQUIST was hit with shrapnel from an improvised explosive device (IED) and was shot in the left shoulder during a small arms firefight. WINQUEST further claimed to have “neutralized the threat and continued to assist in the firefight and treat those who were injured…” As a result of these events, WINQUIST claimed to have received the Military Order of the Purple Heart.
In fact, as WINQUIST knew at the time of his March 2014 Claim, he was not injured by an IED or shot in a small-arms firefight in Balad, Iraq. The VA Office of Inspector General (OIG) confirmed this falsehood in a number of ways. A review of service records, and interview of a fellow service member, both showed that the claimed incident did not occur. Although WINQUIST was deployed to Balad, Iraq for one month, he was assigned to the base as a firefighter. A fellow fireman did not recall WINQUIST ever going off base on patrol, and also never knew of any small arms fire or injuries to WINQUIST. Likewise, VA OIG contacted the Air Force Historical Society to query records concerning an alleged IED and firefight incident at the place and time claimed. There was no record of the incident. Likewise, WINQUIST was not a recipient of the Purple Heart.
Nevertheless, based upon the representations in WINQUIST’s March 2014 Claim and supporting documentation, the VA began to pay benefits to WINQUIST under the auspices that WINQUIST suffered from PTSD arising from the alleged 2003 firefight in Balad, Iraq. WINQUIST received the VA benefits by withdrawing them from his bank account in various locations, including the Eastern District of North Carolina. At no time during receipt of these government funds did WINQUIST acknowledge the falsehoods in his claim or seek to return the funds.
On December 13, 2017, WINQUIST admitted during an interview that he fabricated the incident. In particular, he stated, “I was hurting for money, and I made it up.” WINQUIST also stated that he knew it was wrong.
In February of 2019, WINQUIST was charged in a federal indictment. WINQUIST pleaded guilty to Theft of Government Property on August 5, 2019.
The United States Department of Veterans Affairs, Office of the Inspector General investigated this case. Assistant United States Attorney William M. Gilmore represented the United States.
Four Oaks Man Found Guilty of Felon in Possession of a Firearm, Possession of a Controlled Substance, and Possession of A Firearm While Subject to Domestic Violence OrderRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, DWAYNE SHANNON REARDON, of Four Oaks, North Carolina, was convicted following a two-day trial before United States District Judge James C. Dever III. The jury found REARDON guilty of possession of a firearm by a felon, possession of methamphetamine and cocaine, and possession of a firearm while subject to a domestic violence order.
On February 21, 2018, officers with the Johnston County Sherriff’s Office responded to 114 Pine Tree Lane in Four Oaks, North Carolina, to arrest REARDON for violating a domestic violence protective order. When REARDON was searched in his backyard, officers found a bag of methamphetamine and a bag of cocaine in his pants pocket. Another bag of methamphetamine was seen in his truck, and a large amount of cash was found in the center console.
A search warrant was executed on REARDON’S house, where officers found a digital scale with methamphetamine residue, as well as other drug paraphernalia on his nightstand. Moreover, a handgun was found in an unscrewed vent beside REARDON’S bed.
The Johnston County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) investigated this case. Assistant United States Attorneys Donald Pender and Felice Corpening represented the government.
Alien Indicted on Illegal Reentry ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned an indictment charging SIMON LOPEZ-MARIANO, age 46, of Mexico with Illegal Reentry of an Aggravated Felon.
LOPEZ-MARIANO, previously deported and found in Wake County, is alleged to have been previously removed subsequent to an aggravated felony conviction (first-degree attempted robbery). Therefore, if convicted, he would face a maximum imprisonment term of 20 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictments are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
ICE’s Enforcement and Removal Operations and Homeland Security Investigations are investigating the cases.
Men Sentenced to Prison for Conspiring to Introduce Narcotics to Federal Prison in Butner, North CarolinaRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan sentenced federal inmate CHARLIE MORGAN to a 15-month term of imprisonment followed by a 3-year term of supervised release for conspiracy to distribute and possess with intent to distribute the opiate Buprenorphine, commonly referred to by the brand name Suboxone. The 15-month term was in addition to, and consecutive to MORGAN’S 24-month term of imprisonment imposed for violation of his supervised release for this crime. Judge Flanagan previously sentenced co-defendant JEFFREY NEWKIRK to a term of 12 months and 1 day imprisonment to run consecutive to his current federal sentence. NEWKIRK also received a 3-year term of supervised release.
Beginning in November 2017, MORGAN, who was on supervised release at the time, and then-federal-inmate NEWKIRK began to communicate with the purpose of introducing contraband into the Federal Correctional Complex in Butner, North Carolina (“FCC Butner”). The contraband in question was Buprenorphine, a Schedule III Controlled Substance. Based on information obtained from monitoring the communications, on December 6, 2017, the FCC Butner mailroom intercepted a package mailed to NEWKIRK containing 25 photographs. Upon further inspection of the package, staff discovered two stacks of orange colored film. Pharmacy staff identified the film as Buprenorphine.
Mr. Higdon commented: “The introduction of drugs and contraband into federal correctional institutions is a nationwide concern. The safety and security of both staff and inmates are compromised when inmates have access to dangerous drugs and contraband. As such, the U.S. Attorney’s Office for the Eastern District of North Carolina is dedicated to pursuing prosecution of these introductions of contraband cases in addition to any discipline the Bureau of Prisons may impose.”
Special Assistant United States Attorney Michael Bredenberg represented the government in this case.