Eastern District of North Carolina
Press releases recorded for this federal judicial district.
Wilson Man Sentenced for Receipt and Possession of Child PornographyRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today United States District Judge James C. Dever, III sentenced COURTLAND BARNES, 28, of Wilson, North Carolina, to 168 months of imprisonment followed by ten years of supervised release for receipt and possession of thousands of images and videos containing child pornography.
BARNES was named in an eleven-count Indictment on May 8, 2018. On October 18, 2018, BARNES pled guilty to all counts in the indictment.
In October of 2014 The Cary Police Department began an online investigation relating to the distribution and receipt of child pornography through file sharing programs. During the course of the investigation, BARNES was found to be downloading and distributing child pornography from an IP address associated with his home. Homeland Security Investigations secured a search warrant for BARNES’s home and seized multiple electronic devices. The forensic examination of the devices found 3,839 images and 896 videos containing child pornography. The forensic examination, as well as statements made by BARNES during an interview, indicated that BARNES actively traded child pornography with other individuals on the internet using file sharing programs.
Mr. Higdon stated: “We remain committed to the aggressive prosecution of child pornography and child exploitation cases. The children depicted in the images and videos this defendant possessed and traded are illegal, immoral and work to victimize the children in them each time they are viewed, traded or used in any way. We are grateful for the sentence The Court handed down and hope it acts as a deterrent to anyone who would even think of involving themselves in this type of criminal activity.”
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
Homeland Security Investigations conducted the criminal investigation of this case in cooperation with the Cary Police Department. Assistant United States Attorney Melissa Belle Kessler handled the prosecution of this case for the United States.
Henderson Man Sentenced for Receipt of a Firearm While Under IndictmentRead 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 TYQUEL ALSTON, 19, of Henderson, North Carolina to 54 months imprisonment, followed by 3 years of supervised release.
ALSTON was named in an Indictment filed on May 16, 2018 charging him with receipt of a firearm while under indictment. On August 7, 2018, ALSTON pled guilty to that charge.
On May 9, 2018 ALSTON was pulled over leaving a known drug area by law enforcement officers with the Henderson Police Department. ALSTON was driving erratically and at a high rate of speed when law enforcement initiated the traffic stop. Officers could smell marijuana in his car and subsequently searched the car. Under the passenger seat officers found a Leinad Inc., Model M-11, 9mm pistol with an extended magazine. The magazine was loaded with 16 rounds. ALSTON is a prohibited possessor of firearms because he was under Indictment for Trafficking in Heroin, Larceny of a Motor Vehicle, Possession of a Stolen Vehicle and Possession of a Handgun by a Minor. Those charges were then pending in the Vance County Superior Court.
The Court granted the Government’s request for an upward departure in the defendant’s sentence because ALSTON was likewise under indictment for his participation in a drive by shooting that occurred on May 25, 2017. During that shooting an unintended victim, a pregnant 17 year old female, was shot in the leg when one of the bullets went into her home that was located across the street from the shooting location. ALSTON previously threatened his girlfriend with firearms in March and May 2018. On both occasions his girlfriend reported to police that ALSTON pointed a firearm at her and threatened to kill her during a domestic dispute. The indictment related to this shooting was pending in Vance County Superior Court at the time he possessed the weapon that was the subject of the federal charges.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Henderson Police Department as well as the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant United States Attorney Charity Wilson.
Five Aliens 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 Raleigh has returned indictments charging MAYOLO AGUILINO JIMENEZ-MARTINEZ, age 35, of Mexico, JOSE OSIEL GOMEZ-ROMERO, age 33, of Mexico, ELEAZAR IRACHETA-PADILLA, age 34, of Mexico, JOSE LUIS TORRALBA-AMADOR, age 37, of Mexico, and JAVIER CABRERA-QUIROZ, age 41, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry subsequent to a felony conviction, JIMENEZ-MARTINEZ, previously deported five times and found in Franklin County, would face maximum penalties of 10 years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of illegal reentry of a deported alien, GOMEZ-ROMERO, previously deported three times and found in Pitt County, IRACHETA-PADILLA, previously deported three times and found in Wake County, would face maximum penalties of two years’ imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
TORRALBA-AMADOR, previously deported four times and found in New Hanover County, is alleged to have been previously deported subsequent to a felony conviction (possession of controlled substance). Therefore, if convicted, he would face a maximum imprisonment term of 10 years, a $250,000 fine, and a term of supervised release following any term of imprisonment.
CABRERA-QUIROZ, previously deported and found in Pitt County, is alleged to have been previously deported subsequent to aggravated felony conviction (attempted possession of cocaine with intent to distribute). 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.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
United States Attorney’s Office Hard at Work During the Government ShutdownRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. stated today: “I was pleased to return the United States Attorney’s Office to full operations this morning following the resolution of the lapse in appropriations by our leadership in Washington. And as we resume normal operations, I want to thank and commend the lawyers and staff of the United States Attorney’s Office for their faithful service during this difficult period. The vast majority of our staff served without pay for the duration of the lapse as essential employees tasked with ensuring the safety and security of the people of our District. This is the dedication I see from them every day. But the depth of their commitment to the mission and work of the Department of Justice was an example to us all over the last 35 days.”
“Today I am pleased to provide a summary of some of the matters which were handled during the lapse in government funding.”
In furtherance of the Take Back North Carolina Initiative the following violent crime and drug cases were adjudicated[1].
On January 3, 2019, ARCHIE ANTWON BRIDGES, 37, of Raleigh, was sentenced to 120 months imprisonment followed by 3 years of supervised release as the result of his guilty plea to distribution of heroin, possession with intent to distribute heroin, and being a felon in possession of a firearm. In January 2018, officers of the Raleigh Police Department (RPD) conducted a controlled purchase of heroin from BRIDGES. During a search of BRIDGES’s residence, officers found heroin in his master bedroom. A later search revealed two firearms, one with an extended magazine, in a storage unit at BRIDGES’s home. The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
On January 4, 2019 ALEX ALTERICK HAMILTON, a/k/a “P”, 24, of Shallotte, North Carolina, was sentenced to 262 months in prison, followed by 5 years of supervised release after pleading guilty to one count of distribution of a quantity of cocaine and aiding and abetting and one count of possession of a firearm by a felon. In July of 2017, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted a controlled purchase of cocaine and a rifle from HAMILTON in Shallotte, North Carolina. HAMILTON retrieved a bag from his truck containing 13.7 grams of cocaine and a rifle loaded with one round of ammunition, and HAMILTON sold the cocaine and rifle to a confidential informant for $1000. This case was investigated by the Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. This case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
Also on January 4, 2019, GRIFFIN STANTON LEWIS, 29, of Maxton, North Carolina was sentenced to 126 months imprisonment, followed by 5 years of supervised release. On August 22, 2018, LEWIS pled guilty to conspiracy, one count of distribution of a quantity of cocaine base (crack), and one count of possession of a firearm in furtherance of a drug trafficking crime. According to the investigation, in June 2015, law enforcement officers with the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Robeson County Sheriff’s Office began investigating the narcotics distribution activity of LEWIS, who they knew to be involved in drug distribution from previous cases. A confidential informant was utilized to make two controlled purchases of cocaine and cocaine base (crack) from LEWIS. A firearm was involved in both transactions, with the second controlled purchase including the sale of a firearm. Investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Robeson County Sheriff’s Office.
“On January 8, 2019, RAYMOND GRIFFIN was found guilty of bank robbery by a federal jury. GRIFFIN, who has three prior state robbery convictions, was convicted of robbing the Wells Fargo bank located at 3500 West Millbrook Road in Raleigh on August 29, 2017. After GRIFFIN fled the bank on foot, witnesses in the area identified a suspicious man walking away from a bank toward a construction site. Witnesses at the construction site saw GRIFFIN enter a porta john, which he exited just as police arrived. Officers detained GRIFFIN on site, and in the porta john, they found items that the robber had worn during the robbery. GRIFFIN was arrested and found with a large amounts of cash that corresponded with the amount stolen during the bank robbery. His boots were later determined to match a shoeprint left when he jumped the bank counter. The case was prosecuted by Assistant United States Attorneys Jake D. Pugh and Charity Wilson.”
On January 8, 2019, CAYLE MARCUS COLEMAN, also known as “Kamari,” 40, of Fayetteville, North Carolina, was sentenced to 228 months in prison, followed by 5 years of supervised release. COLEMAN pled guilty to conspiracy to distribute and possess with intent to distribute heroin and possession of a firearm in furtherance of a drug trafficking crime. In 2014, investigators determined that COLEMAN was distributing large amounts of heroin in the Fayetteville area. COLEMAN was arrested on state cocaine and heroin-trafficking offenses. While COLEMAN was on pretrial release for the state offenses, investigators conducted six additional controlled purchases of heroin from COLEMAN. Witnesses explained that COLEMAN would send co-conspirators to New York on buses, and the co-conspirators would then return to North Carolina with heroin. On December 15, 2015, investigators executed search warrants at two residences associated with COLEMAN. The agents seized a .25 caliber handgun; 40 rounds of ammunition; $15,257 in cash; marijuana; 343.71 grams of liquid oxycodone; 76.63 grams of liquid codeine; and drug packaging materials. In total, COLEMAN was responsible for distributing approximately 1.3 kilograms of heroin. This case was investigated by the Fayetteville Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. The case was prosecuted by Assistant United States Attorney Scott A. Lemmon.
On January 9, 2019, ANDREW LIGE, 40, of New Hanover County to 132 months’ imprisonment, followed by 4 years of supervised release. On October 2, 2018, LIGE pled guilty to conspiracy to possess with the intent to distribute and distribute 100 grams or more of heroin and possession with intent to distribute 100 grams or more of heroin. On July 26, 2016, Duplin County Sheriff’s Deputies and Highway Patrol Officers attempted to stop an automobile driven by LIGE. LIGE led members of law enforcement on a lengthy high-speed chase through Duplin County. LIGE’s car reached speeds in excess of 115 miles per hour. A bag containing more than 100 grams of heroin was thrown from the car during the chase. Law enforcement was ultimately able to stop the car. LIGE and a passenger had gone to New Jersey to pick heroin for distribution in Eastern North Carolina. On November 26, 2017, LIGE was the victim of a home invasion in Wilmington North Carolina. Law enforcement believes the residence was targeted because it was a heroin stash house. LIGE was shot and lost his leg. LIGE was found in close proximity to a handgun that was lying in a pool of his blood. Law Enforcement Officers found more than $19,000 in the residence. This currency was from drug proceeds. On February 26, 2018, law enforcement received information that LIGE was returning from Richmond Virginia with a load of heroin for distribution in Wilmington. The Wilmington Police and ATF conducted a traffic stop on a BMW in which LIGE was a passenger when it entered into Wilmington. During a search of the car, law enforcement found 5,000 bags of heroin. The driver had several bags with the same marking on his person at the time of the stop. LIGE was a passenger. This case is part of an FBI lead OCDETF operation “Tooth Fairy”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on the distribution of heroin from New Jersey to New Hanover, Brunswick, Bladen, Duplin, and Sampson Counties and associated gang activities. The investigation of this case was conducted by the Federal Bureau of Investigation Safe Street Unit, Bureau of Alcohol, Tobacco and Firearms, Wilmington Police Department, Duplin County Sheriff’s Office, New Hanover County Sheriff’s Office, Sampson County Sheriff’s Office, North Carolina Highway Patrol and the United States Marshall’s Fugitive Task Force. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 11, 2019, BRANDON AHART HAMPTON, a resident of Florence, South Carolina, was sentenced to 264 months imprisonment followed by 5 years of supervised release. HAMPTON was convicted after a jury trial on February 21, 2018, of Brandishing a Firearm During and in Relation to a Crime of Violence. He previously pled guilty to a charge of Hobbs Act Robbery on February 6, 2018. The evidence at trial showed that on December 5, 2014, HAMPTON entered the ABC Store #8 in Spring Lake, North Carolina armed with a handgun. HAMPTON pointed the firearm at the clerk’s head and threatened to kill a store clerk. HAMPTON moved the clerk at gunpoint to the back office where the safe was located. HAMPTON threatened to shoot the clerk when the clerk could not get the safe open fast enough. HAMPTON fled the store and was captured later. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), the Alcohol, Beverage Control Law Enforcement Division, the Cumberland County Sheriff’s Office, Ft. Bragg Military Police and the Spring Lake Police Department. Assistant United States Attorney Jane J. Jackson represented the government in this case.
On January 16, 2019, MYKEL LEVONT DAVIS, 38, of Elizabeth City was sentenced to 110 months’ imprisonment, followed by 3 years of supervised released. On October 9, 2018, DAVIS pled guilty to being a felon in possession of a firearm. On March 2, 2018, the Elizabeth City Police Department conducted a traffic stop of a vehicle driven by DAVIS, who attempted to elude police. After apprehending DAVIS and the vehicle’s other occupants, a search of the car revealed that DAVIS possessed a stolen .9mm handgun. DAVIS was a convicted felon at the time of the incident and had other outstanding warrants. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Elizabeth City Police Department. Assistant United States Attorney Robert J. Dodson prosecuted the case for the government.
On January 16, 2019, ANTHONY JERROD HIGH, 40, of Sharpsburg, North Carolina was sentenced to 42 months imprisonment, followed by 5 years of supervised release, and DARLENA MOORE HIGH, also known as “Darlene High,” 50, of Wilson, North Carolina was sentenced to 15 months imprisonment, followed by 3 years of supervised release. The prosecution of ANTHONY and DARLENA HIGH, a husband and wife couple, was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF), which has focused on heroin and cocaine trafficking in Halifax, Nash and Edgecombe counties. On July 11, 2018 ANTHONY HIGH pled guilty to distribution of a quantity of cocaine base (crack) and possession of a firearm in furtherance of a drug trafficking crime. On the same date, DARLENA HIGH pled guilty to possession with intent to distribute a quantity of cocaine. According to the investigation, the Rocky Mount Police Department utilized a confidential informant to purchase crack cocaine from ANTHONY HIGH on two occasions in September 2017. On November 17, 2017, the Halifax County Sheriff’s Office initiated a traffic stop on a vehicle driven by ANTHONY HIGH after seeing ANTHONY HIGH meet with a known drug trafficker. DARLENA HIGH, was a passenger in the vehicle. During a search of the vehicle, officers seized individually packaged marijuana and a loaded Taurus 9mm handgun from the center console. At the time of this traffic stop, ANTHONY HIGH who had previously been convicted of second degree murder and two counts of assault with a deadly weapon with intent to kill, which prohibited him from possessing a firearm. Officers later found 303 grams of cocaine during a search of DARLENA HIGH. DARLENA HIGH stated she received the cocaine from her husband, ANTHONY HIGH. Investigation of this case was conducted by the Drug Enforcement Administration, Rocky Mount Police Department, and Halifax County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
On January 18, 2019, COVIA SMITH was found guilty by a federal jury of distribution of cocaine and marijuana. Members of the Brunswick County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) have been conducting an investigation into a violent drug trafficking organization in Brunswick County under OCDETF Operation Hell Swamp. During the investigation, agents learned that SMITH was selling large amounts of cocaine. SMITH had a motorcycle for sale, and undercover ATF agents reached out to SMITH under the guise of purchasing the motorcycle. On the first day they met, SMITH gave a small amount of marijuana to an ATF undercover Special Agent. On the second date they met, SMITH sold cocaine to an undercover Special Agent. On a third date, SMITH sold cocaine to a confidential informant. At sentencing scheduled at a later date, Smith, who is a career offender, will be facing a guideline range of 262-327 months. The case was prosecuted by Assistant United States Attorney Scott Lemmon.
On January 18, 2019, KENDRICK DEQUAN ROGERS, also known as “Bentley,” 26, of Raleigh, North Carolina was sentenced to 125 months imprisonment, followed by 5 years of supervised release, BRENDON RASHAD WHITE, also known as “B White,” 21, of Wilson, North Carolina was sentenced to 84 months imprisonment, followed by 5 years of supervised release, and COHN DEANGELO HINTON, 49, of Raleigh, North Carolina was sentenced to 42 months imprisonment, followed by 4 years of supervised release. The prosecution of ROGERS, WHITE, and HINTON was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF), which has focused on heroin and cocaine trafficking in Nash and Wilson counties. ROGERS, WHITE, and HINTON were named in a four-count Indictment filed on June 13, 2018 charging them with drug conspiracy running from at least September 2, 2016 until April 5, 2018. On October 9, 2018, ROGERS pled guilty to the conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more cocaine, twenty-eight (28) grams or more of cocaine base (crack), one hundred (100) grams or more of heroin, and a quantity of marijuana as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. On August 13, 2018, HINTON pled guilty to the conspiracy charge as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. On September 12, 2018, WHITE pled guilty to the conspiracy charge as well as possession with intent to distribute five hundred (500) grams or more cocaine, one hundred (100) grams or more of heroin, a quantity of cocaine base (crack) and a quantity of marijuana. According to the investigation, ROGERS, WHITE, and HINTON were a part of a drug trafficking organization that distributed cocaine, cocaine base (crack), heroin, and marijuana throughout Wilson and Wake counties. The investigation revealed that in April 2018, WHITE and ROGERS were collecting money to travel to New York to obtain drugs. On April 4, 2018, WHITE travelled from Wilson, North Carolina to Long Island, New York. On April 5, 2018, after returning back to North Carolina, law enforcement initiated a traffic stop in Nash County on a car driven by HINTON with ROGERS and WHITE as passengers. During a search of the car, officers seized 1,223 grams of cocaine, 101 grams of heroin, 25 grams of cocaine base (crack), and 2,721 grams of marijuana. The investigation revealed this group had completed at least three trips to New York in the past to purchase drugs. Investigation of this case was conducted by the Drug Enforcement Administration, Wilson Police Department, Nash County Sheriff’s Office, Raleigh Police Department, Wilson County Sheriff’s Office, Wake County Sheriff’s Office, and North Carolina Highway Patrol. Assistant United States Attorney Dena King represented the government.
On January 16, 2019, KHALIEF BALLARD, 22 of New Hanover County was sentenced to 81 months’ imprisonment, followed by 5 years of supervised release. On October 18, 2018, BALLARD pled guilty to possessing with the intent to distribute a quantity of cocaine base (crack) and possession of a firearm in furtherance of a drug trafficking crime. On January 18, 2018, Wilmington Police Officers stopped an automobile driven by BALLARD in the area of Shipyard Boulevard, Wilmington North Carolina. The police had received information that BALLARD and the car he was driving had been involved in a shooting on January 14, 2018. Officers detected an odor of marijuana coming from the car. Officers searched the glovebox and found a loaded 40 caliber handgun with an extended magazine and a quantity of crack cocaine. According to law enforcement, BALLARD was associated with a Wilmington Gang. The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Wilmington Police Department Gang Unit. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 18, 2019, KEVIN FAIRCLOTH 38, of Duplin County, was sentenced to 144 months’ imprisonment, followed by 5 years of supervised release and SARAH FAIRCLOTH 26, of Duplin County was sentenced to 2 years imprisonment followed by 3 years supervised release. On August 22, 2018 KEVIN FAIRCLOTH pled guilty to conspiracy to possess with intent to distribute 500 grams or more of methamphetamine, possession with the intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking crime. On July 12, 2018, SARAH FAIRCLOTH pled guilty to conspiracy to possess with the intent to distribute a quantity of methamphetamine and possession with intent to distribute a quantity of methamphetamine. On November 8, 2017, an operative working at the direction of the Duplin County Sheriff’s Narcotics Division ordered a quantity of methamphetamine from KEVIN FAIRCLOTH. Detectives stopped a car in which KEVIN and SARAH FAIRCLOTH were passengers in the back seat on the way to deliver the methamphetamine. A loaded firearm was found at KEVIN FAIRCLOTH’S feet. SARAH FAIRCLOTH was searched at the jail and found to have more than an ounce of methamphetamine on her person. According to law enforcement, the investigation revealed that KEVIN FAIRCLOTH was involved with the distribution of multiple kilograms of methamphetamine in the Duplin County area during 2017 until the time of his arrest. This case is part of the DEA lead OCDETF operation “House of Usher”. This is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). This investigation is focused on the distribution of methamphetamine in Duplin, Sampson and New Hanover Counties. The investigation of this case was conducted by the Drug Enforcement Administration and the Duplin County Sheriff’s Office. Assistant United States Attorney Timothy Severo prosecuted the case.
On January 23, 2019, LAQUIN CORBIN, 34, of Fayetteville, was convicted by a federal jury of possession of a firearm by a convicted felon. CORBIN has an extensive criminal record; and was found in possession of an AR-15 assault rifle, a .380 handgun with extended magazine, and almost 200 rounds of ammunition at his apartment while on probation and post release supervision. The jury was out for 15 minutes or less before returning with their guilty verdict. The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), the Fayetteville Police Department, North Carolina Department of Public Safety, Cumberland County Sheriff’s Office, North Carolina Department of Corrections, and North Carolina State Highway Patrol. The case was prosecuted by Assistant United States Attorney Phillip Rubin.
On January 25, 2019, KEVIN JUNIOR GRANT, 34, of Lumberton, was sentenced to 180 months imprisonment followed by 5 years of supervised release. On October 18, 2018, GRANT pled guilty to distribution of heroin, possession with intent to distribute cocaine and marijuana and possession of a firearm in furtherance of a drug trafficking crime. In 2017 and 2018 the Lumberton Police Department repeatedly caught GRANT with distribution quantities of narcotics. On several occasions he was also caught possessing a firearm. The investigation of this case was conducted by the Lumberton Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
In addition to violent crime and drug trafficking cases discussed above, our Office indicted two cases under the Project Safe Childhood strategy. It is important to note that 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.
On January 16, 2019, an eleven-count indictment was returned charging ALAN SIGFRED ANDERSEN, age 57, of Elizabeth City, North Carolina with ten counts of Receipt of Child Pornography and one count of Possession of Child Pornography. The indictment alleges that, beginning at a time unknown and ending on February 28, 2018, ANDERSEN received at least ten images containing visual depictions of minors engaged in sexually explicit conduct. The indictment further alleges that on December 28, 2018, ANDERSEN was found to be in possession of digital media containing images and videos involving minors engaged in sexually explicit conduct. If convicted of these charges, ANDERSEN would face a maximum of twenty years’ imprisonment and up to a lifetime of supervised release following any term of imprisonment. The case is being investigated by Homeland Security Investigations. Assistant United States Attorney Melissa Belle Kessler is prosecuting the case for the government.
Also on January 16, 2019, an eleven-count indictment charging JAMES ROBERT BONNETTE, age 38, of Hubert, North Carolina, with ten counts of Receipt of Child Pornography and one count of Possession of Child Pornography. The indictment alleges that, beginning at a time unknown and ending on October 30, 2017, BONNETTE received at least ten images containing visual depictions of minors engaged in sexually explicit conduct. The indictment further alleges that on October 30, 2017, BONNETTE was found to be in possession of digital media containing images and videos involving minors engaged in sexually explicit conduct. If convicted of these charges, BONNETTE would face a maximum of twenty years’ imprisonment and up to a lifetime of supervised release following any term of imprisonment. The case is being investigated by the Federal Bureau of Investigation. Assistant United States Attorney Melissa Belle Kessler is prosecuting the case for the government.
The Office continued to enforce our nation’s immigration and election laws during the shutdown. On January 18, 2019, RAMON ESTEBAN PAEZ-JEREZ, age 59, of The Dominican Republic, was sentenced to 366 days imprisonment, after an August 14, 2018, guilty plea to passport fraud and unlawful voting by an alien. According to the Criminal Information, PAEZ-JEREZ was ordered deported from the United States and failed to appear for his scheduled removal. Thereafter, according to court records, PAEZ-JEREZ assumed a fraudulent identity and applied for amnesty. PAEZ-JEREZ, as mentioned in the charging document, was granted lawful permanent status under the false identity and fraudulently naturalized as a United States citizen. Court records further show that on September 16, 2009, PAEZ-JEREZ made a false statement in an application for a United States passport when he applied under the fraudulent identity and failed to disclose his real name. Moreover, on November 8, 2016, PAEZ-JEREZ illegally voted in the General Election of 2016 in Wake County, North Carolina, knowing he had illegally obtained United States citizenship. Immediately prior to sentencing, PAEZ-JEREZ was denaturalized as a United States citizen in a civil proceeding. PAEZ-JEREZ was sentenced by United States District Judge Louise W. Flanagan who, in addition to the term of incarceration, issued a judicial order of deportation ordering PAEZ-JEREZ’s prompt removal from the United States to the Dominican Republic upon release from federal custody. The civil denaturalization case was prosecuted by the Civil Division of the United States Attorney’s Office for the Eastern District of North Carolina in conjunction with the Department of Justice’s Office of Immigration Litigation, District Court Section. The criminal case was investigated under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina. The DBTTF represents a joint effort by agents of the Department of State’s Diplomatic Security Service, Homeland Security Investigations, ICE’s Enforcement and Removal Operations, and Citizenship and Immigration Services.
Also, on January 7, 2019, SAIRAM YERUVA, age 44, a resident of Cary, North Carolina, and a naturalized United States citizen from India, pleaded guilty to conspiracy to commit visa fraud as charged in a Criminal Information. The Criminal Information alleges that YERUVA, and others, conspired to submit false and misleading information to United States Citizenship and Immigration Services in support of at least one hundred eighty-three (183) initial H-1B petitions and at least one-hundred (100) H-1B extension petitions that were filed on behalf of KRONSYS, INC., CYGTEC, INC., and ARKSTEK, INC. According to the charging document, YERUVA, and others, declared in their initial petitions that their H-1B nonimmigrant foreign workers would be employed by the companies at specific work locations in or near Raleigh, North Carolina or Aurora, Colorado for the sole purpose of developing internal, or “in-house”, information technology projects. The petitions also declared that the H-1B workers would be paid the prevailing wage throughout the entirety of their H-1B status with the companies. Rather than developing the “in-house” projects, the H-1B workers provided IT consulting services to end clients throughout the United States, thereby earning KRONSYS, INC., CYGTEC, INC., and ARKSTEK, INC. at least $26,225,000. Many of the H-1B workers were “benched” while they waited for their initial end client assignment to begin or while they were in between end client assignments. “Benching” refers to the practice of placing H-1B foreign workers in nonproductive status without pay while they search for new end client assignments. The H-1B program is intended to assist employers who cannot otherwise obtain needed business skills and abilities from the United States workforce. The H-1B program authorizes these employers to temporarily employ foreign workers as nonimmigrants in specialty occupations. Speculative employment is not permitted under the H-1B program, as the program is not intended as a vehicle for foreign workers to engage in a job search, or for employers to bring in foreign workers to meet possible workforce needs. YERUVA faces maximum penalties of five years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment. The case is being investigated by the Document and Benefit Fraud Task Force (DBFTF). The investigation is led by Homeland Security Investigations with the assistance of United States Citizenship and Immigration Services.
Our White Collar prosecutions also continued during the shutdown. On January 16, 2019, ELIZABETH HAYES COX, 61, an Eastover, NC was sentenced to 14 months imprisonment followed by 3 years of supervised release. On July 17, 2018, COX pled guilty to the theft of approximately $68,840.00 in Social Security Administration (SSA) benefits and approximately $44,629.48 in Department of Veterans Affairs (DVA) benefits. COX was also ordered to pay restitution of those amounts to the SSA and DVA. Beginning in April 2000, COX and her late husband filed a birth certificate of a child, Oliver Cox, with the Wake County Human Services Office of the Register of Deeds. The birth certificate was fraudulent and the alleged child did not exist. As a result of this fraudulent birth certificate, a Social Security number was issued for the fictitious child. Over a period of approximately 17 years, COX received Social Security and Veterans Benefits on behalf of her fictitious child. She and her late husband received this benefits by continuously submitting fraudulent documents attesting that the fictitious child was entitled to both SSA and DVA funds. The investigation of this case was conducted by the United States Department of Veterans Affairs, Office of the Inspector General and the Social Security Administration, Office of the Inspector General. Assistant United States Attorney Melissa Belle Kessler represented the United States in this case.
Additionally, on December 27, 2018, CHRISTIAN GERALD DESGROUX, age 58, of Raleigh was charged with contacting the 911 Raleigh-Wake Communication Center, pretending to be a United States Federal Officer, and falsely telling the dispatcher that he was pursuing ten illegal immigrants transporting a bomb in a van on Glenwood Avenue in Raleigh, North Carolina– all in violation of Title 18, United States Code, Section 844(e). If convicted of this charge DESGROUX 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 complaint are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law. The case is being investigated by the Department of Homeland Security and the Raleigh Police Department. Assistant United States Attorneys Gabriel Diaz and Jason Kellhofer are prosecuting the case for the government.
[1] Take Back North Carolina Initiative is the initiative of the United States Attorney’s Office for the Eastern District of North Carolina, which 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
Five Aliens 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 Raleigh has returned indictments charging BRAYAN ALEXANDER FUNEZ-ESPINOZA, age 28, of Mexico, ROMERO FLORES-AGUILAR, age 30, of Mexico, JESUS GARCIA-HERNANDEZ, age 43, of Mexico, RODOLFO ROA-SAUCEDO, age 35, of Mexico, and JUAN ZARAGOZA-ZARAGOZA, age 36, of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, FUNEZ-ESPINOZA, previously deported twice and found in Wake County, FLORES-AGUILAR, previously deported twice and found in Johnston County, GARCIA-HERNANDEZ, previously deported three times and found in Franklin County, ROA-SAUCEDO, previously deported twice and found in Pitt County, and ZARAGOZA-ZARAGOZA, previously deported four times and found in Beaufort 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.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Wilson Man Ordered to Pay Hundreds of Thousands of Dollars in Restitution to Human Trafficking VictimRead the Press Release
NEW BERN – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan has ordered WILLIAM MAURICE SADDLER, 36, of Wilson to pay $477,618.20 in restitution to a victim of human trafficking. This is the largest amount ever ordered in our District under the trafficking restitution statute.
The case involved a fifteen-year-old victim whom SADDLER prostituted at migrant camps near Wilson, North Carolina. SADDLER helped the victim to become addicted to crack cocaine, coerced her and forced her to continue prostituting, and kept all the money derived from her forced prostitution. SADDLER also introduced the victim to two other pimps, Bobby Ray Williams Jr. and Kenneth Corvon Ward, who also prostituted her with the assistance of two females, Temeeka Honey and Yadyra Brown. Williams, Ward, Honey, and Brown all were previously convicted and sentenced in related cases.
A federal jury in New Bern convicted SADDLER of conspiracy to commit sex trafficking of a minor and sex trafficking by force, fraud or coercion and of a minor. On June 7, 2018, Judge Flanagan sentenced SADDLER to 480 months’ imprisonment followed by a lifetime of supervised release. At the government’s request, and after further proceedings, Judge Flanagan has now ordered SADDLER to pay the substantial restitution amount to the victim.
Federal law applicable to human trafficking offenses mandates that victims be compensated for the full amount of their losses, including for medical services, lost income, attorneys’ fees, transportation, temporary housing, child care expenses, and other items. Here, Judge Flanagan awarded the victim $477,618.20 in restitution for her losses, and ordered SADDLER to pay that as part of his criminal judgment.
“Saddler’s crimes were unbelievably heinous,” said U.S. Attorney Higdon. “For years, he exploited and traumatized a child to satiate his greed and others’ sexual desires. No more. His 40-year sentence ensures that he cannot hurt other children, and his nearly half-million dollar restitution order is a small step on the victim’s path to recovery.”
That substantial sentence also serves another important goal. As U.S. Attorney Higdon emphasized, “the extent of Saddler’s punishment demonstrates the ferocity with which the United States prosecutes offenders like him. Other would-be traffickers should take heed. The United States will exhaust all available resources to protect our communities’ children. For those who seek to exploit our youth, justice will be swift and severe.”
Investigation of this case was conducted by the Federal Bureau of Investigation, the Raleigh Police Department, the N.C. State Bureau of Investigation, the Wilson Police Department and the Wilson County Sheriff’s Office. Assistant United States Attorneys Erin C. Blondel and Eleanor Morales represented the United States.
Five Men Indicted for Armed Robberies of Kay Jewelers and Firearm ChargesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a Federal grand jury in Raleigh has returned a five-count indictment charging CHARLES ANTHONY WALKER, JR., age 53, of High Point, North Carolina, CHRISTOPHER WELLINGTON BROWN, age 48, of Chapel Hill, North Carolina, MALIK SHAWN MAYNARD, age 48, of Durham, North Carolina, BYRON JACOBEE SPARKS, age 25, of Greensboro, North Carolina, and JOEY WAYNE CHAMBERS, age 23, of High Point, North Carolina, with various offenses in relation to the armed robberies of Kay Jewelers in Elizabeth City and Garner, North Carolina.
The indictment alleges that the defendants conspired to rob the Kay Jewelers located on Conlon Way in Elizabeth City to take place on July 28, 2018, as well as the Kay Jewelers located on Eagle Wing Way in Garner on October 11, 2018. During the robberies of both Kay Jewelers locations, BROWN and MAYNARD brandished firearms and were aided and abetted by WALKER.
If convicted of these charges, WALKER, BROWN, and MAYNARD, each face a sentence not less than 32 years’ imprisonment and not more than 5 years supervised release, while CHAMBERS and SPARKS face up to 20 years’ imprisonment and not more than 3 years supervised release.
The charges and allegations contained in the Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
This case is part of the Take Back North Carolina Initiative, a strategy implemented by 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 Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The case is being investigated by the Federal Bureau of Investigation (FBI), the Elizabeth City Police Department, the Garner Police Department, and the Greensboro Police Department. Assistant United States Attorneys Robert J. Dodson and Daniel William Smith are prosecuting the case for the government.
Wilmington Man Sentenced on Drug ChargesRead 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 Louise W. Flanagan, sentenced GARY NIXON, 56, of Wilmington to 131 months’ imprisonment, followed by 3 years of supervised release. An additional 36 months imprisonment sentence was imposed for a supervised release violation with 24 months of that sentence to run consecutive to the 131 months. NIXON total combined active sentence is 155 months.
NIXON was charged in a two-count indictment filed in the Eastern District of North Carolina on May 22, 2018. On July 25, 2018, NIXON pled guilty to conspiracy to possess with intent to distribute 100 grams or more of heroin and possession with the intent to distribute heroin.
On April 23, 2018 deputies with the New Hanover County Sheriff’s Office received information that NIXON was in possession of heroin while traveling from the Washington, D.C. area to Wilmington, North Carolina. Law enforcement performed a traffic stop of this vehicle when it entered New Hanover County. During the search of the vehicle, deputies found a pill bottle containing approximately 90 grams of heroin. NIXON was a passenger in the car and admitted that the heroin belonged to him.
According to law enforcement, the investigation revealed that NIXON was involved with the distribution of more than 500 grams of heroin from October 2017 until the time of his arrest. NIXON was on Federal supervised release at the time of his arrest for a Federal crack cocaine conviction.
This case is part of the DEA led OCDETF operation “All the Pieces Matter”. This 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.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Drug Enforcement Administration and the New Hanover County Sheriff’s Office. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the United States.
Burgaw Man Sentenced to More Than Eight Years on Drug ChargeRead 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 Louise W. Flanagan sentenced SHARON DARMINA RESPUS, 31, of Burgaw to 100 months’ imprisonment, followed by 3 years of supervised release.
On July 25, 2018, RESPUS pled guilty to distribution of a quantity of cocaine.
On September 20, 2017 law enforcement officials conducted a controlled purchase of a quantity of cocaine from RESPUS in the area of West Satchwell Street in Pender County North Carolina. According to law enforcement, the investigation found that RESPUS was involved with the distribution of approximately one kilogram of cocaine between September 2017 and December 2017.
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.
The investigation of this case was conducted by the Federal Bureau of Investigation, Pender County Sheriff’s Office, the Onslow County Sheriff’s Office, Pender County Probation Office and the Burgaw Police Department. Assistant United States Attorney Timothy Severo prosecuted the case on behalf of the United States.
Multiple New Bern Defendants Sentenced in Multi-Year Heroin and Marijuana Conspiracy InvestigationRead the Press Release
NEW BERN – United States Attorney Robert J. Higdon, Jr. announced that over the course of the last week in federal court, before Chief United States District Judge Terrence W. Boyle, multiple defendants have been sentenced in a large-scale heroin and marijuana trafficking organization.
The investigation was part of OCDETF Operation 190, which was named in memory of New Bern Police Department Officer Alexander Thalmann. Officer Thalmann was shot and killed in the line of duty in March of 2014 by associates of the defendants in this case. 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.
The defendants’ convictions and sentencings were the culmination of a multi-year investigation into a heroin trafficking ring operating in and around New Bern, North Carolina, and led primarily by two men: DAMIEN LAMONTE BROWN and CALVIN MARK WILSON. Agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and members of the New Bern Police Department learned that BROWN, WILSON, and others had been involved in ordering heroin from New York City and arranging it to be brought down in multi-kilogram amounts over a period of several years. BROWN and WILSON then supplied various mid and lower-level dealers in and around New Bern with the heroin for sale.
As part of the investigation, law enforcement conducted over twenty controlled purchases of heroin from organization members between November 2016 and July 2017, along with traffic stops and other encounters in which they confirmed that members possessed drugs and guns. Based on that investigation, ATF then obtained authorization for a federal wiretap of cellular phones associated with WILSON and two co-defendants. As a result, agents intercepted calls and texts over a three-month period in late 2017 showing that WILSON was directing the supply and distribution of kilogram-levels of heroin from New York to New Bern, NC. Based on intercepted calls, agents were able to stop and arrest WILSON and two co-defendants traveling back from New York with 3lbs of marijuana and 7 bars of heroin cutting agent.
ATF made arrests of many of the defendants on October 24, 2017, along with searches of five residences associated with the organization. Through the life of the investigation, law enforcement has seized over a kilogram of heroin and twenty firearms.
The defendants include:
- DAMIEN LAMONTE BROWN, aka “Dame,” 36, of New Bern, NC. BROWN was convicted in August 2018 by a federal jury of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin, possession with intent to distribute one hundred (100) grams or more of heroin, and possession of a firearm by felon. BROWN was sentenced to 360 months’ imprisonment.
- DERRICK LAMONT DAVIS, aka “Gucci,” 35, of Kinston, NC. DAVIS was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin. DAVIS was sentenced to 48 months’ imprisonment.
- DWAYNE LEE STALLINGS, aka “Smiley,” 35, of Cove City, NC. STALLINGS was convicted of possession of a firearm by a felon and was sentenced to 108 months’ imprisonment.
- NASSAR TURE MACK, 37, of New Bern, NC. MACK was convicted of possession of a firearm by felon and was sentenced to 24 months’ imprisonment.
- MARIO CORRELLUS BARGNEARE, aka “Rio,” 39, of New Bern, NC. BARGNEARE was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin and discharging a firearm in furtherance of a drug trafficking crime. BARGNEARE was sentenced to 204 months’ imprisonment.
- DEREK JACQUAN WIGGINS, aka “DJ,” 38, of New Bern, NC. WIGGINS was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin, several counts of distributing heroin, and possession of a firearm by a felon. He was sentenced to 120 months’ imprisonment.
- ROY JAMES NOLON, aka “Henny,” 21, of New Bern, NC. NOLON was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession of a firearm in furtherance of a drug trafficking crime. He was sentenced to 96 months’ imprisonment.
- MICHAEL QUALEEK VELASQUEZ, aka “Moo Moo,” 23, of New Bern, NC. VELASQUEZ was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of heroin. He was sentenced to 96 months’ imprisonment.
- LAMAR HOSEA WIGGINS, aka “LB,” 39, of New Bern, NC. WIGGINS was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession of a firearm by a felon. He was sentenced to 96 months’ imprisonment.
- LASHAWNNA JAQUETTE MCCOTTER, aka “Flossy,” 47, of New Bern, NC. McCOTTER was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of marijuana. She was sentenced to 30 months’ imprisonment.
- LATREKA DENISE HARDESTY, aka “T,” 27, of New Bern, NC. HARDESTY was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She was sentenced to time served.
- ADRIENNE MICHELLE HALL, 35, of New Bern, NC. HALL was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She was sentenced to time served.
- CAROLINE LOUISE HUGHES, 28, of Alliance, NC. HUGHES was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She was sentenced to 5 years probation.
Three defendants are scheduled to be sentenced over the course of the next few months. They are:
- CALVIN MARK WILSON, aka “Bali,” 34, of New Bern, NC. WILSON was convicted of conspiracy to distribute and possess with the intent to distribute one thousand grams or more of heroin and a quantity of marijuana and possession with intent to distribute a quantity of marijuana. WILSON faces a sentence of not less than 20 years’ imprisonment.
- WILLIE FRANK JAMES AHERN, aka “White, White Bread, Dribs,” 39, of Bayboro, NC. AHERN was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and several instances of distributing quantities of heroin. AHERN faces up to life imprisonment.
- WALTER NAJEE GREEN, III, 21, of New Bern, NC. GREEN was convicted of distribution of a quantity of heroin and faces up to 30 years’ imprisonment.
The investigation also led to 8 individuals being charged by the state for drug offenses. Those charges remain pending.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), New Bern Police Department, Jacksonville Police Department, Craven County Sheriff’s Office, Pamlico County Sheriff’s Office, the North Carolina State Bureau of Investigation, Onslow County Sheriff’s Office, Sampson County Sheriff’s Office, Trent Woods Police Department, Carteret County Sheriff’s Office, Morehead City Police Department, Beaufort County Sheriff’s Office, and with the assistance of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA). Assistant United States Attorney Laura S. Howard prosecuted this case on behalf of the government.
Recidivist Drug Trafficker from Sampson County Receives Thirty Year Prison SentenceRead 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 TONY CHEVALLIER, 40, from Clinton, North Carolina, to 360 months in prison, to be followed by 10 years of Federal Supervised Release. CHEVALLIER was part of a regional drug trafficking organization (DTO) that was rooted in Sampson County, North Carolina, but operated throughout the Southeastern United States. In October, 2016, CHEVALLIER and twenty-four other co-defendants were federally indicted and charged with a myriad of drug trafficking, firearm and financial crimes rooted within the DTO. CHEVALLIER was charged with Conspiring to Distribute and Possess with the Intent to Distribute 500 grams or more of methamphetamine – the most severe drug charge one can receive at the federal level.
Of the twenty-five co-defendants named in the indictment, four entered pleas of not guilty and proceeded to a jury trial in May, 2018. After nearly two weeks of evidence presentation that included multiple community witnesses, local and federal law enforcement testimony, forensic, financial and narcotic experts, testimony from co-defendants, and a myriad of other evidentiary sources, the jury found CHEVALLIER and his codefendants guilty of the crimes charged.
At sentencing, CHEVALLIER moved the Court for leniency, arguing for a low-end sentence through contesting estimated drug quantities associated with CHEVALLIER’s drug trafficking activity and the leadership CHEVALLIER maintained throughout the conspiracy. The Court ultimately agreed with the United States, relying upon the extensive criminal history built by CHEVALLIER and the deluge of evidence implicating him in what was described as one of the most significant DTO’s the Court has ever seen. The Court cited the dozens of previous convictions ranging from violent crimes, property crimes, and drug trafficking crimes when fashioning the imposed sentence. The Court further credited witnesses who came forward to assist in the prosecution of CHEVALLIER, whose information assisted law enforcement in better understanding the regional nature in which CHEVALLIER operated. By the end of the investigation, it was determined that CHEVALLIER trafficked large quantities of drugs throughout North Carolina, South Carolina, and Georgia. Highlighting the commitment to criminal activity as demonstrated by CHEVALLIER, the Court noted one example, citing that CHEVALLIER was released from prison in Georgia on February 20, 2016 after being convicted of a Felony Cocaine Trafficking charge in November, 2013. Evidence gathered in this current case showed CHEVALLIER returned immediately to large scale drug trafficking upon his release from custody until he was arrested federally in late 2016.
The investigation relied on multiple agencies and offices at both the federal and state levels. Initially, the investigation into this DTO began with the Sampson County Sheriff’s Office Special Investigations Division. As the scale of this DTO became clearer, other state and federal agencies joined the investigation, including the New Hanover County Sheriff’s Office, Onslow County Sheriff’s Office, Jacksonville Police Department, the North Carolina Highway Patrol, the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the United States Drug Enforcement Administration (DEA), all assuming various roles throughout the multi-year investigation. Ultimately, the investigation was primarily led by ATF, the Sampson County Sheriff’s Office Special Investigations Division, and the Sampson County Sheriff’s Office Criminal Interdiction Unit.
The investigation utilized confidential informants, undercover officers, constant physical surveillance, a Title III wiretap and a myriad of other investigative techniques to uncover the depth and breadth of crimes furthered by the DTO. The investigation determined that CHEVALLIER was ultimately accountable for the distribution of significant quantities of methamphetamine, cocaine, and cocaine base (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. Assistant United States Attorneys Brad Knott and Toby Lathan prosecuted the case on behalf of the United States.
Three Wilson Men Sentenced for Drug ConspiracyRead 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 TRAVIS KWYMAINE RUFFIN, 29, of Wilson, North Carolina to 54 months imprisonment, followed by 3 years of supervised release; MARCUS ANTWAN WILEY, also known as “MARK,” 29, of Elm City, North Carolina to 57 months imprisonment, followed by 3 years of supervised release; and Michael speight, 26, of Elm City, North Carolina to 60 months imprisonment, followed by 3 years of supervised release.
The prosecution of RUFFIN, WILEY, and SPEIGHT was a part of an Organized Crime and Drug Enforcement Task Force Operation (OCDETF), announced by the United States Attorney’s Office earlier this summer, which resulted in the arrest of several defendants for outstanding federal and state charges in a coordinated warrant enforcement operation. The investigation focused on heroin and cocaine trafficking in Nash, Edgcombe and Wilson counties.
RUFFIN, WILEY, and SPEIGHT were named in an eleven-count Indictment filed on June 13, 2018 charging them with drug conspiracy running from at least August 1, 2017 until mid-June of 2018. Specifically, RUFFIN was charged with conspiracy to distribute and possess with the intent to distribute a quantity of cocaine base (crack) and a quantity of heroin. On August 23, 2018, RUFFIN pled guilty to the conspiracy charge as well as distribution of a quantity of heroin. WILEY was charged with conspiracy to distribute and possess with the intent to distribute a quantity of heroin. On August 23, 2018, WILEY pled guilty to the conspiracy charge as well as distribution of a quantity of heroin. SPEIGHT was charged with conspiracy to distribute and possess with the intent to distribute a quantity of cocaine base (crack). On August 23, 2018, SPEIGHT pled guilty to the conspiracy charge.
According to the investigation, RUFFIN, WILEY, and SPEIGHT were a part of a drug trafficking organization that distributed cocaine, cocaine base (crack), heroin, and marijuana throughout the Nash, Edgecombe and Wilson counties. As part of the investigation, law enforcement recorded telephone calls where RUFFIN, WILEY, and SPEIGHT each discussed the drug conspiracy, their roles in the crime and made arrangements for further transactions. WILEY and RUFFIN sold 10 bricks of heroin each, which is approximately 1000 individual bags. At the time of the instant offense, WILEY was on supervised release resulting from a 2009 federal conviction of conspiracy to commit armed bank robbery, armed bank robbery, and the use and carrying of a firearm during and in relation to a crime of violence. After WILEY admitted to the criminal activity, his term of supervised release was revoked and he was sentenced to an additional 37 months’ imprisonment to be served at the conclusion of his sentence for the drug conspiracy.
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.
Investigation of this enforcement operation was conducted by the Drug Enforcement Administration (DEA), Bureau of Alcohol, Tobacco, Firearms, & Explosives (ATF), the United States Marshal Service (USMS), United States Probation Office, Nash County Sheriff’s Office, Wilson Police Department, Rocky Mount Police Department, Edgecombe County Sheriff’s Office, Tarboro Police Department, Spring Hope Police Department, Nashville Police Department, North Carolina State Bureau of Investigation, and the North Carolina Department of Public Safety. Assistant United States Attorney Dena King represented the government.
Greenville Gang Member Sentenced to 204 Months’ ImprisonmentRead 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 JERRELL ANTWAN JENKINS, 33, from Greenville, North Carolina, to 204 months in prison, followed by 5 years of supervised release.
JENKINS was charged in a 14-count superseding indictment filed in the Eastern District of North Carolina December 20, 2017. On July 23, 2018, JENKINS pled guilty to three counts of the Superseding Indictment, which charged him with conspiracy to distribute and possess with the intent to distribute a quantity of cocaine and heroin, possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime.
JENKINS was charged as a result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Greenville Police Department. As part of that investigation, officers conducted a series of controlled purchases of cocaine, heroin, fentanyl, and firearms from JENKINS in Greenville between November 2016 and June 2017. JENKINS was identified as a high-ranking member of the Absolute Blood Mafia gang in Greenville.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives and Greenville Police Department. Assistant United States Attorney Laura Howard prosecuted the case on behalf of the United States.
Inmate at Rivers Correctional Institution Indicted on Charges of Conspiring to Smuggle Heroin into PrisonRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned an indictment charging RONALD WYNN, 44, an inmate in Rivers Correctional Institution in Hertford, North Carolina, with two counts: conspiracy to distribute and possess with intent to distribute heroin, and conspiracy to provide and possess prohibited objects, including heroin, within Rivers Correctional Institution. The indictment alleges that on various dates, WYNN directed another person to provide heroin and other prohibited objects to WYNN while WYNN was an inmate at the Rivers facility.
If convicted of conspiracy to distribute and possess with intent to distribute heroin, WYNN would face maximum penalties of twenty years’ imprisonment, a fine of $1,000,000 or both fine and imprisonment, and a term of supervised release following any term of imprisonment.
If convicted of conspiracy to provide and possess prohibited objects, including heroin, within Rivers Correctional Institution, WYNN would face maximum penalties of twenty years’ imprisonment, a fine of $250,000 or both fine and imprisonment, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
This case was brought by the United States Attorney’s Office through partnerships with the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Scott A. Lemmon.
Henderson Man Sentenced on Felon in Possession of Firearm ChargeRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Louise W. Flanagan sentenced JAMIL HASSAN LEWIS, 37, of Henderson to 63 months’ imprisonment, followed by 3 years of supervised release.
LEWIS, was charged in a one count indictment filed on May 2, 2018. On July 25, 2018 LEWIS pleaded guilty to being a felon in possession of a firearm.
On September 12, 2017 officers with the Selective Enforcement Unit of the Raleigh Police Department were attempting to locate LEWIS due to outstanding warrants for multiple sex offenses. During their search, officers went to an address in which they believed LEWIS was located. Officers knocked on the door and LEWIS answered and was placed under arrest. A protective sweep of the home recovered a loaded .25 caliber handgun in plain view. During subsequent questioning, LEWIS confessed to having the firearm.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in 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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Daniel William Smith prosecuted the case on behalf of the United States.
Former Nurse at Department of Veterans Affairs Medical Center Indicted on Charges of Fraudulently Obtaining Controlled Substances for His Own PurposesRead the Press Release
RALEIGH – Robert J. Higdon, Jr., the United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned an indictment charging AARON WAYNE PICKRELL, a former registered nurse at the Department of Veterans Affairs Medical Center in Fayetteville, North Carolina, with five counts of obtaining possession of hydromorphone, a Schedule II controlled substance, by misrepresentation, fraud, forgery, deception, and subterfuge.
The indictment alleges that on various dates, PICKRELL falsely reported through the Medical Center’s computer system that a physician had given an order for a controlled substance to be administered to a patient when no such order had been issued, thereby gaining access to the VA’s automated dispensing pharmacy system in order to fraudulently obtain controlled substances that he then diverted for his own purposes.
For each count, if convicted, PICKRELL would face maximum penalties of four years’ imprisonment, a fine of $250,000 or both fine and imprisonment, and a term of supervised release following any term of imprisonment.
This case is part of the Take Back North Carolina Initiative, a strategy implemented by 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.
The charges and allegations contained in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
This case was brought by the United States Attorney’s Office through partnerships with the Department of Veterans Affairs Office of Inspector General. The case is being prosecuted by Assistant United States Attorney Scott A. Lemmon.
Five Foreign Nationals Indicted on Murder-For-Hire, Money Laundering, and Immigration 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 Raleigh has returned a superseding indictment charging five foreign nationals with various federal crimes stemming from a bribery and kickback scheme, including money laundering, immigration fraud, and a subsequent murder for hire plot.
Leonid Teyf, 57, currently living in Raleigh, North Carolina, is charged with bribing a public official, planning a murder-for-hire, and possessing a firearm with an obliterated serial number, and unlawful use of a visa procured through false claims.
Teyf is also charged with multiple counts of money laundering in conspiracy with his wife, Tatyana Teyf, 41, a Russian citizen, and Alexsy Timofeev, 37, also a Russian citizen currently residing in Darien, Illinois. Teyf, Tatyana Teyf, and Timofeev are additionally charged with Timofeev’s wife, Olesya Yuryevna Timofeeva, 41, for conspiring, and aiding and abetting one another to encourage and induce an alien to come to, enter, or reside in the United States, knowing and in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law. Alexei Polyakov, 40, currently residing in Raleigh, North Carolina, is also charged in the indictment with attempting to obtain naturalization through false statements.
The superseding indictment alleges that between 2010 and 2012, Leonid Teyf was the Deputy Director of Voentorg, a company which contracted with Russia’s Ministry of Defense to provide the Russian military with goods and services. Leonid Teyf arranged for subcontractors in Russia to fill the various services required by Voentorg’s contract. Leonid Teyf and others devised a scheme requiring the subcontractor to agree that a certain percentage of the government funds it would receive for completion of the work would be paid back to Leonid Teyf and others involved in the scheme. These kickbacks of government funds were paid in cash and amounted to more than $150 million over an approximate two-year span. Some of the money was paid to others involved in the scheme, and some of the money was placed in accounts under Leonid Teyf’s control – accounts within Russia, and, ultimately accounts located in the United States.
The superseding indictment additionally alleges that since at least December 2010, Leonid and Tatyana Teyf and others have opened at least 70 financial accounts at four financial institutions in their own names and in the names of businesses under their control. Leonid Teyf and others received at least 294 wires totaling approximately $39.5 million into four accounts held in Leonid Teyf’s name and the names of the co-conspirators at an American banking institution. Foreign corporations and bank accounts in countries commonly known to be used for money laundering are the source of 293 of the wires. Timofeev assisted Leonid Teyf in the formation of companies in the United States, including the creation of CTK Transportation Incorporated in Illinois, a business used in the money laundering scheme. Timofeev was involved in multiple financial transactions involving the kickbacks from Russia.
The superseding indictment also alleges that in July of 2018, Teyf knowingly used and possessed a U.S. immigrant visa at the Raleigh-Durham International Airport, which he had procured through false claims made in his I-140 application. To obtain that visa Teyf falsely claimed that he was entering the U.S. for the purpose of being an executive employee of a multinational company, and for whom he would earn an annual salary of $110,000.
Similarly, in 2016, an associate of Teyf, Alexei Polyakov, also made false statements in an effort to obtain immigration benefits. Polyakov falsely completed the Form N-400, application for naturalization, by failing to assert under penalty of perjury 1) that he had previously use the name “Alex Norka,” 2) that he had been arrested on at least 12 occasions in addition to the five reported occasions, and 3) by falsely underreporting the time he had spent in jail prior to the application.
As alleged in publicly available documents filed in federal court by the Government, during the course of the investigation into the money laundering charges, a Confidential Source utilized by the Federal Bureau of Investigation learned that Leonid Teyf came to believe that his wife, Tatyana Teyf, was having an affair with another man. Leonid Teyf recruited the Confidential Source to assist in planning for the man’s murder. The murder was to take place here in the United States or in Russia after they conspired to have the man deported. Leonid Teyf paid an employee with the United States Department of Homeland Security, who was working undercover, $10,000 to have the man deported from the United States. When the deportation plan was taking a longer period of time than he expected, Leonid Teyf returned to his murder-for-hire plan and paid the Confidential Source $25,000 to kill the man before the end of 2018. Leonid Teyf also supplied the Confidential Source with a firearm to commit the murder with the serial number removed from the weapon.
If convicted, Leonid Teyf would face maximum penalties of 20 years in prison. Tatyana Teyf, Alexsy Timofeev, Olesya Timofeeva, and Alexei Polyakov would face maximum penalties of 10 years in prison. The government will also seek to seize over $39 million in assets from the defendants. Each defendant will likely face the prospect of removal from the United States after their terms of imprisonment.
The charges and allegations contained in the superseding indictment, and related documents filed by the Government, are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law. The case is being investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, Immigration and Custom Enforcement and the Raleigh Police Department. The case is being prosecuted by Assistant United States Attorneys Jason Kellhofer and Barbara Kocher.
New York Man Sentenced to Prison in Fraudulent Tax Refund SchemeRead the Press Release
In the Eastern District of North Carolina, a New York resident was sentenced to serve 46 months in prison for conspiring to defraud the United States, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division.
According to court documents, Elias Amador was involved in a large-scale fraudulent tax refund scheme using the stolen identities of Puerto Rican citizens. Tax fraud schemes sometimes use Puerto Rican Social Security numbers because individuals living in Puerto Rico are generally not required to file income tax returns. Consequently, these individuals are not alerted if someone uses their personal information to file fraudulent income tax returns.
From approximately 2010 to 2012, Amador and others conspired to cash more than $750,000 in refund checks generated by fraudulent tax returns. Amador obtained the refund checks, which were issued to addresses in New York and New Jersey, and cashed them using a runner and two check cashers in North Carolina. Amador’s three co-conspirators previously were convicted and sentenced to prison.
In addition to the term of imprisonment imposed, United States District Judge Louise W. Flanagan also ordered Amador to serve 3 years of supervised release and to pay $762,217 in restitution to the IRS.
Principal Deputy Assistant Attorney General Zuckerman commended special agents of IRS-Criminal Investigation, who conducted the investigation, and Trial Attorney Lauren Archer of the Tax Division, who prosecuted the case. Principal Deputy Assistant Attorney General Zuckerman also thanked the U.S. Attorney’s Office for the Eastern District of North Carolina for their assistance.
Two More Health Care Executives Plead Guilty in Connection with Medicaid Behavioral Health FraudRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, LISA CAROL RAYMOND, 55, of Greenville, North Carolina, and ROBERT PAUL MAGLICIC, JR., 36, of Miami, Florida, pleaded guilty before Chief United States District Judge Terrence W. Boyle, to the charge of Conspiracy to Commit Health Care fraud, in violation of Title 18, United States Code, Section 1349.
Based upon the Criminal Information and facts offered at the plea hearing today, MAGLICIC and RAYMOND participated in a scheme to defraud the South Carolina Medicaid program through a provider known as Southern Support Services. Southern Support Services was owned by Shepard Lee Spruill, who was previously prosecuted for health care fraud for defrauding the North Carolina Medicaid Program and sentenced in July of 2018 to serve 96 months in federal prison. Although the scheme in the present case concerned a fraud upon the South Carolina Medicaid program, the participants committed portions of the scheme from Greenville, North Carolina, using the stolen names and identifiers of North Carolinian employees.
United States Attorney Higdon stated, “ False billings to the Medicaid program steal money from the most vulnerable in our society – squandering precious taxpayer dollars for personal gain. The Department of Justice remains committed to holding health care executives accountable when they abuse the trust of the Medicare and Medicaid program.”
During times material to the case, MAGLICIC was Spruill’s Regional Director of Operations at, among other providers, Carolina Support Services and Southern Support Services. RAYMOND was the Corporate Office Manager for Carolina Support Services and Southern Support Services.
The evidence showed that between October of 2013 and November of 2014, Southern Support Services had fraudulently billed the South Carolina Medicaid program for more than $595,000 in fictitious behavioral health services. When approached by a Medicaid auditor in 2014 concerning the billings, MAGLICIC and RAYMOND helped fabricate records to support the prior billings. Thereafter, between December of 2014 and April of 2015, the Medicaid program paid Southern Support Services an additional $1.4 Million for behavioral health services that did not, in fact, occur.
In March of 2015, the South Carolina Medicaid program conducted another audit of Southern Support Services, this time requesting records to support billings for 160 different patients. Instead of admitting that the services were fraudulent, MAGLICIC oversaw the fabrication of all of the records requested. To carry out the scheme, MAGLICIC and RAYMOND used employee names and identifiers from Spruill’s North Carolina provider, Carolina Support Services, to create fake employee profiles for Southern Support Services. Medical records were then fabricated to justify all of the prior billings to Medicaid, making it appear that various individuals were in South Carolina assisting patients when, in fact, the individuals never worked at Southern Support Services. RAYMOND fraudulently affixed the fictitious employee signatures onto the fake records, and MAGLICIC delivered them to the MEDICAID auditors.
In total, the scheme resulted in losses to the Medicaid program totaling more than $2 Million during the period of time when MAGLICIC and RAYMOND were involved.
At sentencing, MAGLICIC and RAYMOND will face up to 10 years in prison for their participation in the health care fraud at Southern Support Services. Both defendant’s also face fines, supervised release, and mandatory restitution.
The investigation of this case was conducted by the United States Department of Health and Human Services Office of the Inspector General, the North Carolina Attorney General’s Office Medicaid Investigations Division, and the Internal Revenue Service Criminal Investigation. Assistant United States Attorney William M. Gilmore, of the United States Attorney’s Office, represented the United States. Special Assistant United State Attorney, Daniel Spillman, of the North Carolina Attorney General’s Office Medicaid Investigations Division, also represented the United States.
Lumberton Man Sentenced on Drug and Firearm ChargesRead the Press Release
GREENVILLE — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge Malcolm J. Howard sentenced JAMES SPENCER BELL, 29, of Lumberton to 241 months’ imprisonment, followed by 5 years of supervised release. BELL, was charged in a seven count indictment filed in the Eastern District of North Carolina on August 16, 2017. On December 7, 2017 BELL pleaded guilty to possession with intent to distribute a quantity of cocaine base and discharging a firearm in furtherance of a drug-trafficking crime.
On May 20, 2016, BELL was engaged in a sale of a quarter ounce of cocaine base (crack) when a violent altercation ensued with the purchaser. BELL admitted to shooting the man twice in self-defense, before fleeing the crime scene. The victim subsequently succumbed to his wounds. BELL provided law enforcement investigators with detailed confessions of the shooting and of his dealings in selling cocaine base (crack). BELL was found to be accountable for selling 552.63 grams of cocaine base (crack) from sometime in 2013 to February 10, 2017.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Robeson County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Daniel William Smith prosecuted the case on behalf of the United States.
Henderson Man Sentenced on Firearms ChargeRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, Chief United States District Judge Terrence J. Boyle sentenced Kyle Victor Fisher, 29, of Henderson to 42 months’ imprisonment, followed by 3 years of supervised release. Fisher pled guilty to the Indictment, charging one count of possession of a firearm by a convicted felon, on August 22, 2018.
On November 30, 2017, law enforcement received a report that FISHER had violated a protective order by going to the Henderson, North Carolina, apartment of his former girlfriend. The woman reported that FISHER pointed a silver revolver at her while verbally threatening to shoot her.
Later the same day, Officers of the Oxford Police Department were able to locate and arrest FISHER at a hotel in Oxford where his current girlfriend was employed. FISHER had been driving his girlfriend’s car, and she gave officers permission to search the vehicle. In it officers found a small amount of marijuana and a .38 caliber revolver matching that described in the earlier assault. The firearm was loaded and had an obliterated serial number.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Oxford Police Department and the Henderson Police Department. Assistant United States Attorney Jacob Pugh prosecuted the case on behalf of the United States.
Oxford Man Sentenced on Firearms ChargeRead the Press Release
GREENVILLE — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Malcolm J. Howard sentenced Jamaal Ray Curtis, 36, of Oxford to 188 months’ imprisonment, followed by 5 years of supervised release. CURTIS pled guilty to one count of possession of a firearm by a convicted felon on January 11, 2018.
In 2016, investigators with the Oxford Police Department (OPD) received information that CURTIS was selling narcotics from his residence in Oxford. CURTIS was on post-release supervision arising from state charges, so on December 13, 2016, members of the North Carolina Department of Probation and Parole Services conducted a compliance check at CURTIS’s residence. Finding that CURTIS was not home, OPD learned that he was at the Oxford residence of his child’s mother.
When investigators responded to that residence and knocked on the door, they spotted CURTIS attempting to leave through a side door. Officers entered the residence and found CURTIS attempting to hide in a back bedroom. After CURTIS admitted that he had a firearm in a nearby coat, officers found and seized a .25 caliber pistol from a coat pocket. On CURTIS’s person, officers found over an ounce of cocaine and $3,000.
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 investigation of this case was conducted by the Oxford Police Department, the North Carolina Department of Public Safety, and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Felon Pleads Guilty to over $464,000 in Supplemental Nutrition Assistance Program (SNAP) Fraud Committed While on ProbationRead the Press Release
RALEIGH – December 3, 2018 – United States Attorney Robert J. Higdon, Jr. announced that today in federal court, FERNAN SANCHEZ, 51, waived indictment and pleaded guilty to SNAP fraud and conspiracy to commit money laundering charges.
SNAP, formerly known as the Food Stamp Program, is a federally funded, national program established by the United States Government to alleviate hunger and malnutrition among lower income families. The United States Department of Agriculture administers the SNAP through its agency, the Food and Nutrition Service (FNS). FNS is responsible for the authorization and disqualification of retail food establishments participating in the redemption of SNAP benefits. Social service agencies from each state share responsibility with FNS for administration of the program by authorizing and revoking distribution of SNAP benefits to individual recipients.
According to the Criminal Information and information in the public record, SANCHEZ previously pleaded guilty to making material false statements in connection with the on-going federal crop insurance fraud investigations in EDNC. On April 9, 2010, the Court granted the government’s motion for a departure based on substantial assistance and sentenced SANCHEZ to 5 years’ probation.
Mr. Higdon stated, “This prosecution reflects our Office’s commitment to protecting the integrity of important federal programs like SNAP as well as holding accountable felons who continue to engage in criminal conduct.”
SANCHEZ’s 2010 felony conviction made him ineligible to participate in the SNAP program as a vendor and in fact, the FNS-Retailer Operations Division permanently withdrew his authorization to participate in the program. Notwithstanding his debarment, SANCHEZ recruited another person who, at SANCHEZ’s direction, created a business entity known as Selena’s Mexican Bakery & Store, opened a bank account in the name of Selena’s Mexican Products, and submitted an electronic SNAP vendor application which contained false and misleading information. Based on the application, the unindicted co-conspirator received authorization to be a SNAP vendor in August 2013. The unindicted co-conspirator opened up a bank account, listing SANCHEZ on the account.
From August 30, 2013, through September 24, 2017, Selena’s Mexican Bakery & Store received approximately $464,385.60 in SNAP benefits. During that time frame, SANCHEZ trafficked SNAP EBT benefits, allowing individuals to exchange benefits for cash or ineligible purchases.
SANCHEZ and/or another person, through Selena’s Mexican Products, also caused to be transferred the $464,385.60 SNAP funds to Selena’s Mexican Products business account at First Bank. SANCHEZ transferred a portion of the money to an account controlled exclusively by him. He withdrew or otherwise spent the remaining SNAP funds in the Selena’s Mexican Products business account.
Investigation of this case was conducted by the United States Department of Agriculture - Office of Inspector General, Investigations and the Internal Revenue Service - Criminal Investigations. Special thanks to the Warsaw Police Department for their assistance in the investigation.
North Carolina Licensed Attorney Indicted for Aiding and Abetting Visa Fraud and False Statements in Immigration ProceedingsRead 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 an Indictment charging SARAH JANE BRINSON, age 34, from Clinton, North Carolina, with aiding and abetting visa fraud and false statements in immigration proceedings.
The Indictment alleges that BRINSON, a licensed attorney and notary public in North Carolina, prepared and submitted on behalf of a client immigration applications containing false statements.
As alleged in the charging document, her client was a citizen of Guatemala who retained BRINSON under his real name but was utilizing an assumed name to illegally work in the United States. The Indictment additionally alleges that, while BRINSON knew her client’s real name, she notarized the client’s signature under the assumed identity and represented him in Wayne County District Court on several traffic matters.
Further, the Indictment alleges that BRINSON prepared and submitted to United States Citizenship and Immigration Services (USCIS) an application for Deferred Action for Childhood Arrivals (DACA) and a request for Employment Authorization Document (EAD) stating under penalty of perjury that her client had not used other names.
If convicted, BRINSON would face maximum penalties of fifteen years’ imprisonment, a $500,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty in a court of law.
The case is being investigated by the Document Benefit Fraud Task Force (DBFTF) led by Homeland Security Investigations, and assisted by USCIS, among other agencies.
If you suspect immigration benefit fraud please complete the Homeland Security Tip Form at https://www.ice.gov/webform/hsi-tip-form or call the Homeland Security Investigations Tip Line at 866-DHS-2-ICE (866-347-2423).
Jacksonville Retired Marine Sentenced to 20 Years in Prison Relating to Arson of Multiple Buildings in Downtown KinstonRead 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 WILLIAM SHAWN ELLIOT, 55, of Jacksonville, North Carolina, to serve 20 years in federal prison on charges of Arson and Making False Statements to Influence a Bank on a Loan. The Court also ordered that ELLIOT serve 5 years of supervised release, and make restitution in the amount of $921,541.89, to the victims of his offense.
The Second Superseding Indictment and the evidence presented at trial showed that in the mid-2000s, ELLIOT, a retired Master Gunnery Sergeant in the United States Marine Corps, began to acquire several properties in Eastern North Carolina as part of a real estate rental and resale business. The evidence at trial showed that between 2009 and 2012, ELLIOT became financially over-extended after he attempted to self-finance the construction of a duplex and house in Jacksonville. The evidence showed that in the midst of the financial struggle, ELLIOT submitted false tax returns to a bank in an effort to secure a construction loan. After failing to obtain enough money to pay his construction contractor, the evidence showed that ELLIOT was sued by his construction contractor.
The evidence at trial showed that within a few weeks of being sued, ELLIOT’s building, located at 119-128 East Gordon Street in downtown Kinston, burned to the ground. At the time of the burning, ELLIOT was renting the building to a victim, who was sleeping inside, but made it out alive. The investigation showed that ELLIOT had purchased the property for a mere $65,000, but had insured the property with The Hartford for around $500,000. ELLIOT filed a claim with The Hartford shortly after the fire. In addition to ELLIOT’S building burning under suspicious circumstances, multiple other buildings in the area were also burned including the Kinston law office of Gerrans, Foster & Sargeant, P.A., which was destroyed.
The investigation into the offense revealed that the fire in ELLIOT’s building was intentionally set using diesel fuel dispersed on the second floor of the building, an area to which only ELLIOT had access. Notably, however, the fires at an adjacent building, the Gerrans law office, and a building across the street, were started with Molotov cocktails. Video surveillance was eventually recovered showing ELLIOT’s white SUV arrive at the scene of the fires, and depart just moments before the arrival of first responders. Witnesses also reported seeing a man crouched in a nearby alleyway near where authorities recovered a gasoline soaked glove containing the DNA of ELLIOT and another individual. A matching glove was later recovered from ELLIOT’s SUV. ELLIOT was interviewed by law enforcement, where he made recorded admissions that he was “trying to downsize,” and that he was “going to pay” the person who helped him commit the arsons.
The Government indicted ELLLIOT and an alleged accomplice on multiple counts relating to the burning of the buildings, as well as making false statements to a bank, and wire fraud relating to the filing of the insurance claim. ELLIOT and his alleged accomplice went to trial on the charges in Elizabeth City in July of 2018. At trial, ELLIOT testified in his own defense, pointing jurors to his military record and claiming that he only made the admissions to law enforcement because of Post-Traumatic Stress Disorder. While the jury convicted ELLIOT of Making False Statements to Influence a Bank on a Loan, the jury hung on all other counts against him, and the Court declared a mistrial.
Prior to retrial, ELLIOT entered a plea of guilty to the arson of his own building, and agreed to make restitution to all other arson victims. Nevertheless, during the sentencing hearing today, ELLIOT told the court that he did not in fact commit the arsons. Ultimately, the Court rejected ELLIOT’s efforts to receive a lower sentence based upon his military service, and upwardly departed from the United States Sentencing Guidelines, to a sentence of 20 years in prison. As part of the Court’s explanation of the sentence, the Court noted the defendant’s perjury at trial, and his lack of contrition at the sentencing.
Investigation of this case was conducted by the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Kinston Department of Public Safety, with the assistance of the North Carolina State Bureau of Investigation. Assistant United States Attorneys William M. Gilmore and Melissa B. Kessler represented the United States.
Wilmington Man Convicted for Receipt of Child PornographyRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that last evening, in federal court, RICARDO JEROME BENNETT, SR., 47, of Wilmington, North Carolina was found guilty of two counts of receipt of child pornography and one count of possession of child pornography containing minors under the age of 12.
In August 2014, the Federal Bureau of Investigation utilized undercover software to identify an IP address downloading child pornography and offering such files for download by others. A search warrant was issued for the home address associated with the IP address. During that search, law enforcement confiscated multiple electronic devices belonging to BENNETT. In addition, BENNETT made a full confession to law enforcement to downloading and possessing child pornography. A forensic examination of those devices revealed more than 1000 files of child pornography, downloaded in the same manner that BENNETT described in his interview. These files included both still images and videos depicting minors, including minors under the age of 12, engaged in sexually explicit activity.
Mr. Higdon commented: “We are very pleased with the decision of the jury holding the defendant accountable for his abuse of children through the collection of child pornography. Every time he downloaded one of the more than 1,000 images he victimized the vulnerable child depicted in those images. His is a crime impacting the most precious and vulnerable among us: our children.”
This case was part of the Project Safe Childhood initiative, a national program aimed at ensuring that criminals exploiting children are effectively prosecuted by making full use of all available law enforcement resources at every level. For more information about this important national project, Project Safe Childhood, go to www.projectsafechildhood.gov.
The Federal Bureau of Investigations conducted the criminal investigation of this case. Assistant United States Attorney Melissa Belle Kessler handled the prosecution of this case for the United States.
Three Greenville Men Sentenced on Firearms Charges After Each Found with a Handgun in the Same CarRead the Press Release
RALEIGH — The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge Terrence W. Boyle sentenced Willie Lee Smallwood, Jr., 29, of Greenville to 30 months’ imprisonment, followed by 3 years of supervised release; Keyonta Maurice Powell, 29, of Greenville to 60 months’ imprisonment, followed by 3 years of supervised release; and Kevin Rashawn Ebron, 31, of Greenville, to 42 months’ imprisonment, followed by 3 years of supervised release.
The defendants were named in a four-count Indictment on April 3, 2018. On June 6, 2018, EBRON pled guilty to Felon in Possession of a Firearm. POWELL and SMALLWOOD pled guilty to separate counts of the same offense on June 26, 2018, and July 31, 2018, respectively.
In late October of 2016, members of the Greenville Police Department’s Violent Criminal Apprehension Team set out to locate and arrest KEYONTA MAURICE POWELL on outstanding state warrants. In an effort to locate POWELL, investigators obtained an order allowing access to real-time GPS data from POWELL’s phone.
During the early morning hours of November 1, 2016, investigators located POWELL in a car at a McDonalds drive-thru in Greenville. SMALLWOOD was driving the car, in which POWELL, EBRON, and a third man were passengers. Law enforcement vehicles boxed in the car in the drive-thru lane, and officers removed each of the men from the vehicle. After POWELL acknowledged to officers that he possessed a firearm, they recovered an Amadeo Rossi .38 caliber revolver from his pants pocket. On the rear floorboard in front of where EBRON had been sitting, officers found a Ruger P90 .45 caliber pistol. Lastly, a search of the area under Smallwood’s driver’s seat revealed a loaded Taurus 9mm handgun.
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 investigation of this case was conducted by the Greenville Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Jake D. Pugh handled the prosecution of this case for the government.
North Carolina Man Sentenced for Providing Material Support to a Foreign Terrorist OrganizationRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that today, Chief United States District Judge Terrence W. Boyle, sentenced BASIT JAVED SHEIKH, 39, of Cary, North Carolina, to 84 months imprisonment followed by a lifetime of supervised release. SHEIKH was sentenced for attempting to provide material support and resources to Jabhat al-Nusrah, which the United States Secretary of State has identified as an alias name for al-Qa’ida in Iraq, a designated Foreign Terrorist Organization. SHEIKH pleaded guilty to the charge on August 22, 2018. When pleading guilty SHEIKH acknowledged that, since he is not a natural born citizen of the United States, he faces possible automatic removal from the United States.
SHEIKH was initially charged by criminal complaint, and subsequently by Criminal Indictment filed November 5, 2013. At the time of indictment, SHEIKH was a 34 year-old from Pakistan who had been living for years in the United States as a legal permanent resident. The affidavit to the complaint describes multiple Facebook postings by SHEIKH occurring in 2013 and expressing support for Jahbat al-Nusrah. SHEIKH posted articles acknowledging that Jahbat al-Nusrah had been designated by the United States as a terrorist organization.
As detailed within the affidavit, SHEIKH utilized Facebook to propagate the violent ideology of Islamic Extremism. In mid-2013, SHEIKH sought out a relationship with an individual online whom he believed could assist him in travelling to Syria in support of violent jihad. This individual informed SHEIKH of another person described as a member of Jabhat al-Nusrah able to assist SHEIKH. In reality, both of these individuals were working with and for the FBI. SHEIKH reached out to the individual he believed to be a Jabhat al-Nusrah member and expressed his desire to travel to Syria in order to “help the mujahideen…in any way I can.” When asked how he wanted to help, SHEIKH responded “logistics, media, fight too, God willing.” Despite the FBI covert employee stating to SHEIKH that fighting was not for everyone, SHEIKH replied that that he was “serious” and that he was ready to be a martyr.
Believing that the FBI covert employee would be able to assist in smuggling him from Lebanon into Syria, SHEIKH purchased a one-way ticket with a final destination of Lebanon and a departure from Raleigh-Durham Airport on November 2, 2013. On that date, SHEIKH traveled to Raleigh-Durham Airport, obtained a boarding pass, checked in luggage, and proceeded through the security screening enroute to his gate of departure. SHEIKH was arrested prior to boarding his flight.
United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr. emphasized, “Our security as a nation, as a state, and as a local community requires vigilance against the hateful rhetoric and goals of groups and persons who highjack the tenets of any religion towards their own violent purposes.”
Investigation of this case was conducted by the Federal Bureau of Investigation, Charlotte Division, Resident Agency Joint Terrorism Task Force (JTTF). Assistant United States Attorney Jason Kellhofer represented the government in this case.
New Bern Man Pleads Guilty to Multi-Year Heroin and Marijuana ConspiracyRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that yesterday in federal court, before Chief United States District Judge Terrence W. Boyle CALVIN MARK WILSON, 34, of New Bern, North Carolina pled guilty to conspiracy to distribute and possess with the intent to distribute one thousand (1,000) grams or more of heroin and a quantity of marijuana.
During the defendant’s guilty plea hearing, the Government summarized the evidence supporting the defendant’s guilty plea. After a multi-year investigation by the New Bern Police Department into a heroin trafficking ring operating in and around New Bern, NC, agents with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) obtained authorization for a federal wiretap of cellular phones associated with WILSON and two co-defendants. As a result, agents intercepted calls and texts over a three-month period in 2017 showing that WILSON was directing the supply and distribution of kilogram-levels of heroin from New York to New Bern, NC. Based on intercepted calls, agents were able to stop and arrest WILSON and two co-defendants traveling back from New York with 3lbs of marijuana and 7 bars of heroin cutting agent. Calls intercepted after that arrest indicated that WILSON had lost as much as $30,000 on that day alone based on law enforcement’s actions. Later, after WILSON was arrested on his federal charges in October 2017, investigators searched his cell phone, which revealed additional evidence of WILSON arranging for the resupply of hundreds of grams of heroin at a time from his New York sources of supply and then distributing that heroin to street level dealers in New Bern.
At sentencing, the defendant faces not less than 20 years’ imprisonment and up to $10,000,000 in fines.
WILSON’s conviction was the culmination of a multi-year investigation into a heroin trafficking ring operating in and around New Bern, North Carolina, that has resulted in the federal convictions of 16 defendants for drug and gun charges.
The defendants include:
- DWAYNE LEE STALLINGS, aka “Smiley,” 35, of Cove City, NC. STALLINGS was convicted of possession of a firearm by a felon and was sentenced to 108 months’ imprisonment.
- NASSAR TURE MACK, 37, of New Bern, NC. MACK was convicted of possession of a firearm by felon and was sentenced to 24 months’ imprisonment.
- DAMIEN LAMONTE BROWN, aka “Dame,” 36, of New Bern, NC. BROWN was convicted in August 2018 by a federal jury of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin, possession with intent to distribute one hundred (100) grams or more of heroin, and possession of a firearm by felon. BROWN faces not less than 10 years’ imprisonment and up to life imprisonment.
- DERRICK LAMONT DAVIS, aka “Gucci,” 35, of Kinston, NC. DAVIS was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin. DAVIS faces not less than 5 years’ imprisonment and up to 40 years’ imprisonment.
- WALTER NAJEE GREEN, III, 21, of New Bern, NC. GREEN was convicted of distribution of a quantity of heroin and faces up to 30 years’ imprisonment.
- MARIO CORRELLUS BARGNEARE, aka “Rio,” 39, of New Bern, NC. BARGNEARE was convicted of conspiring to distribute and possess with the intent to distribute one hundred (100) grams or more of heroin and discharging a firearm in furtherance of a drug trafficking crime. BARGNEARE faces not less than 15 years’ imprisonment and up to life imprisonment.
- WILLIE FRANK JAMES AHERN, aka “White, White Bread, Dribs,” 39, of Bayboro, NC. AHERN was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and several instances of distributing quantities of heroin. AHERN faces up to life imprisonment.
- DEREK JACQUAN WIGGINS, aka “DJ,” 38, of New Bern, NC. WIGGINS was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin, several counts of distributing heroin, and possession of a firearm by a felon. He faces up to life imprisonment.
- ROY JAMES NOLON, aka “Henny,” 21, of New Bern, NC. NOLON was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession of a firearm in furtherance of a drug trafficking crime. He faces not less than 5 years’ imprisonment.
- MICHAEL QUALEEK VELASQUEZ, aka “Moo Moo,” 23, of New Bern, NC. VELASQUEZ was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of heroin. He faces up to life imprisonment.
- LAMAR HOSEA WIGGINS, aka “LB,” 39, of New Bern, NC. WIGGINS was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession of a firearm by a felon. He faces up to 30 years’ imprisonment.
- LASHAWNNA JAQUETTE MCCOTTER, aka “Flossy,” 47, of New Bern, NC. McCOTTER was convicted of conspiring to possess with the intent to distribute a quantity of heroin and possession with intent to distribute a quantity of marijuana. She faces up to 25 years’ imprisonment.
- LATREKA DENISE HARDESTY, aka “T,” 27, of New Bern, NC. HARDESTY was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
- ADRIENNE MICHELLE HALL, 35, of New Bern, NC. HALL was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
- CAROLINE LOUISE HUGHES, 28, of Alliance, NC. HUGHES was convicted of conspiring to distribute and possess with the intent to distribute a quantity of heroin. She faces up to 20 years’ imprisonment.
The investigation also led to 8 individuals being charged by the state for drug offenses. Those charges remain pending.
The investigation was part of OCDETF Operation 190. This 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.
The investigation of this case was conducted by the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), New Bern Police Department, Jacksonville Police Department, Craven County Sheriff’s Office, Pamlico County Sheriff’s Office, the North Carolina State Bureau of Investigation, Onslow County Sheriff’s Office, Sampson County Sheriff’s Office, Trent Woods Police Department, Carteret County Sheriff’s Office, Morehead City Police Department, Beaufort County Sheriff’s Office, and with the assistance of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA). Assistant United States Attorney Laura S. Howard prosecuted this case on behalf of the government.
Federal Charges Announced Against Five Postal Workers in Fayetteville for Drug Trafficking Conspiracy and Theft of MailRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces the unsealing of an Indictment charging KELVIN DONNELL JOHNSON, KHADIR ELIJAH BEAMON, TIMOTHY LYDELL JONES, CARVIS CHARLES MARABLE, and BRANDON DARNELL MCNEILL with conspiracy to distribute marijuana and theft of mail.
According to the allegations in the Indictment, as well as statements made in open court during related proceedings, the defendants are employees of the United States Postal Service and assigned to the Fayetteville Processing and Distribution Center Annex in Fayetteville, North Carolina. Between no later than approximately October 2017 and February 2018, according to the public allegations, the defendants conspired to sell marijuana from U.S. mail parcels that they intercepted and removed from the mail stream at the Fayetteville Annex.
If convicted of the drug conspiracy charge, the defendants each would face maximum penalties of five years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of the theft of mail charge, the defendants each would face maximum penalties of five years imprisonment, a $250,000 fine, and a term of supervised release following any term of imprisonment.
The charges and allegations contained in the Indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty in a court of law.
Investigation of this case was conducted by the United States Postal Service – Office of Inspector General. Assistant United States Attorney Adam F. Hulbig is prosecuting the case for the government.
Three Aliens Indicted on Multiple Immigration ViolationsRead 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 BELARMINO LORENZO-LOPEZ, age 25, of Guatemala, with possession of unlawfully obtained documents, aggravated identity theft, and illegal reentry, OBISPO EULOGIO PEREZ-CABRERA, age 29, of Guatemala, with false attestation, possession of unlawfully obtained document, false claim of United States citizenship with intent to obtain a State benefit and service, and failure to register and be fingerprinted, and GUSTAVO DEJESUS SERPAS-VASQUEZ, age 41, of El Salvador, with illegal reentry.
If convicted of possession of unlawfully obtained documents, aggravated identity theft, and illegal reentry of a deported alien, LORENZO-LOPEZ, found in Duplin County, would face maximum penalties of fourteen years’ imprisonment, a $750,000 fine, and a term of supervised release following any term of imprisonment.
If convicted of false attestation, possession of unlawfully obtained document, false claim of United States citizenship with intent to obtain a State benefit and service, and failure to register and be fingerprinted, PEREZ-CABRERA, found in Wayne County, would face maximum penalties of twenty years’ and six months imprisonment, a $751,000 fine, and a term of supervised release following any term of imprisonment.
SERPAS-VASQUEZ, found in Wake County, is alleged to have been previously deported subsequent to a felony conviction (illegal reentry by a convicted felon). Therefore, if convicted, he would face a maximum imprisonment term of 10 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.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations under the Document Benefit Fraud Task Force.
Nashville, N.C. Man Sentenced for Drug ConspiracyRead 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 MICHAEL LEE DRAKE, 52, of Nashville, North Carolina to 120 months imprisonment, followed by 8 years of supervised release.
DRAKE was named in an Indictment filed on April 19, 2018 charging him with conspiracy to distribute and possess with the intent to distribute five hundred (500) grams or more of cocaine and a quantity of cocaine base (crack). On June 18, 2018, DRAKE pled guilty to the conspiracy.
According to the investigation, beginning in 2009 through October 29, 2015, DRAKE distributed powder cocaine and cocaine base (crack) throughout Nash and Edgecombe Counties. In 2015, law enforcement made a controlled purchase of multiple ounces of cocaine from DRAKE. After observing a drug transaction at DRAKE’s home, law enforcement executed a search warrant at that home. As a result, officers found powder cocaine, cocaine base (crack), $43,000 in United States currency, and firearms and ammunition.
Investigation of this case was conducted by the Drug Enforcement Administration and Nash County Sheriff’s Office. Assistant United States Attorney Dena King represented the government.
Mexican Citizen Sentenced for Passport FraudRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that MARIA DEL CARMEN URIETA-LAGUNAS, age 50, of Mexico, illegally present in the United States and residing in Wake County, North Carolina, was sentenced today to 6 months imprisonment. On August 23, 2018 URIETA-LAGUNAS pled guilty to passport fraud.
According to court records, URIETA-LAGUNAS applied for a United States passport using the means of identification of a United States citizen born in Texas. Further, the investigation revealed URIETA-LAGUNAS had previously applied for a United States visa in Mexico under her real identity and was denied. Thereafter, URIETA-LAGUNAS assumed the identity of a United States citizen in order to remain undetected in the United States and travel internationally.
URIETA-LAGUNAS was sentenced in Raleigh by United States District Judge James C. Dever III, who in addition to the term of incarceration, also imposed a one-year term of supervised release with a condition to remain outside of the United States if ordered deported by immigration officials.
The case was investigated by the Department of State’s Diplomatic Security Service under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina.
Wilmington Man Sentenced to 10 Years for Heroin DistributionRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Chief United States District Judge Terrence W. Boyle sentenced JOHN MICKEY HARRIS, JR., 30, of Wilmington, North Carolina to 120 months of imprisonment followed by 5 years of supervised release.
On March 19, 2018, HARRIS entered a plea of guilty to conspiracy to distribute and possess with intent to distribute a quantity of heroin, and felon in possession of a firearm.
A joint investigation between the Wilmington Police Department Gang Unit and the Federal Bureau of Investigation (FBI) Safe Streets Unit revealed that between October 2016 and January 2017, HARRIS and others were responsible for the distribution of significant amounts of heroin in the Wilmington, NC area.
From October 2016 through January of 2017, at the direction of law enforcement, several undercover purchases of heroin were made from HARRIS.
On April 11, 2017, law enforcement stopped a car in which HARRIS was a passenger and found a small quantity of heroin. Law enforcement then searched a residence associated with HARRIS in Wilmington, where they found 16 grams of heroin and ammunition. During the course of this investigation, the FBI discovered that following his arrest on these charges, HARRIS directed someone to dispose of a 9mm handgun in the retention pond at the Campus Edge Apartments near the campus of The University of North Carolina Wilmington.
The New Hanover County Fire and Rescue dive team subsequently located the handgun in the retention pond with the aid of a large magnet. Ballistic testing confirmed that the gun had been used in other crimes. At the time he possessed this firearm, HARRIS had a prior federal conviction for possession of a firearm by a convicted felon.
This case is part of the Take Back North Carolina Initiative implemented by 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 investigation was conducted by the Wilmington Police Department Gang Unit, the Federal Bureau of Investigation’s Safe Streets Task Force and the New Hanover County Sheriff’s Office. Assistant United States Attorney Timothy M. Severo handled the prosecution of this case for the government.
Raleigh Man Sentenced to 48 Months for Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, LYCURTIS QUAMAE LEON THOMPSON, 25, of Raleigh, was sentenced by United States District Judge James C. Dever, III for felon in possession of a firearm. Judge Dever sentenced THOMPSON to 48 months’ imprisonment followed by 3 years of supervised release.
THOMPSON was charged in a one-count Indictment on June 6, 2018, and pleaded guilty on August 23, 2018, to felon in possession of a firearm.
On December 28, 2017, officers of the Raleigh Police Department conducted a traffic stop on a vehicle that THOMPSON was driving. After observing THOMPSON making quick movements in the vehicle, officers searched him and found a loaded magazine, a digital scale, and money. Inside the vehicle’s glove box officers found a .45 caliber handgun and a jar containing marijuana and cocaine.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Raleigh Man Sentenced for Firearm OffenseRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, WOODIE LAMONT HERRING, 47, of Raleigh, was sentenced by United States District Judge James C. Dever, III for felon in possession of a firearm. Judge Dever sentenced HERRING to 120 months imprisonment followed by 3 years of supervised release.
HERRING was charged in a two-count Superseding Indictment on April 19, 2018, and pleaded guilty on July 23, 2018, to felon in possession of a firearm.
On November 20, 2017, officers of the Raleigh Police Department (RPD) conducted a traffic stop on a vehicle that HERRING was driving. A firearm sat on the passenger’s seat. HERRING initially reached for the gun; however, after officers told him to move away from the gun, HERRING complied. HERRING later was released on bond on state charges, and federal charges were then filed against him.
On April 20, 2018, RPD officers again conducted a traffic stop on a vehicle that HERRING was driving. During the stop, officers learned that HERRING had an active federal warrant and attempted to arrest HERRING. HERRING fled. Officers caught up to HERRING, who resisted arrest, fought with officers, and tried to pull a firearm out of his waistband. HERRING ignored repeated commands to stop resisting, and eventually it took numerous officers to arrest HERRING.
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 is targeting 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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Raleigh Man Convicted of Federal Drug and Firearms Charges Sentenced to 20 Years in PrisonRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today, United States District Judge James C. Dever III sentenced ANDREW HARGETT, JR. 46, to 240 months imprisonment followed by 8 years of supervised release. HARGETT was also fined $10,000.00. HARGETT was convicted by a federal jury on August 22, 2018 of possession with the intent to distribute 500 grams or more of cocaine, possession with the intent to distribute cocaine and crack cocaine, possession of a firearm in furtherance of a drug trafficking crime, and being a felon in possession of a firearm.
The evidence presented at trial established that HARGETT regularly traveled to Atlanta, Georgia to obtain kilogram quantities of cocaine and transported the drugs back to Raleigh, North Carolina in rental vehicles for distribution. The investigation resulted in the seizure of over 2 ½ kilograms of cocaine, crack cocaine, $142,000.00, and a firearm that were recovered from his residence, two vehicles, and two storage lockers. This prosecution resulted in helping to choke the supply line of cocaine into the Metropolitan Raleigh area.
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 on a sustained basis in those communities to reduce the violent crime rate, drug trafficking, and crimes against law enforcement.
The case was investigated by the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), Nash County Sheriff’s Office, Wilson Police Department, Raleigh Police Department, and the Rocky Mount Police Department. Assistant United States Attorney James Kurosad prosecuted the case on behalf of the United States.
Protecting Houses of Worship Training Held in Winterville, NC Helping to Mark 25th Anniversary of the Religious Freedom Restoration ActRead the Press Release
WINTERVILLE – Last week marked the 25th Anniversary of the Religious Freedom Restoration Act (RFRA), an important law protecting one of our most fundamental freedoms. The RFRA was approved by Congress with overwhelming bipartisan support, passing the House unanimously and approved 97 to 3 in the Senate, and signed into law by President Clinton. The RFRA ensures that our foundational freedom of religious liberty is protected: the right to believe, worship, and practice our faiths according to the dictates of our consciences. See more about the RFRA here.
In an effort to protect the right to worship in peace – on Thursday, November 15, the United States Attorney’s Office for the Eastern District of North Carolina (USAO-EDNC) joined law enforcement and local area houses of worship in presenting training to security personnel from diverse faith communities on how to protect religious institutions and houses of worship from violence. The one-day Protecting Houses of Worship Seminar was held at Covenant Church in Winterville, NC, and was attended by approximately 100 people. This training was the second of its kind presented by the USAO-EDNC this year (more here).
United States Attorney Robert J. Higdon, Jr., opened the training, remarking, “The fight to preserve the free exercise of religion as a constitutional principle goes on today in our courts and in our public squares as we struggle to determine the parameters of that ‘freedom.’ But, the free exercise of our Faith as a social reality is under threat today from those who would introduce violence into our houses of worship and who would impede our rights through fear and intimidation.” United States Attorney Higdon continued, “In this difficult environment it is important that we work together to search for ways to ensure a greater level of security at houses of worship all across this country. And we in the United States Department of Justice want to partner with you and with our federal, state and local law enforcement to help equip you with the tools best designed to prepare you to deal with the security issues that may come your way.”
Through presentations and panel discussions, participants learned about security awareness for places of worship, as well as the various means by which law enforcement provides support to protecting houses of worship. Attendees heard from members of the Pitt County Sheriff’s Office and Greenville Police Department during this training. In order to foster continued discussion among the attendees, representatives of local area houses of worship participated in a panel during which they discussed their particular experiences managing security for their respective house of worship.
This training was designed to support one of the Department of Justice priorities to ensure that all Americans feel free to worship in a place of their choosing without the fear of violence or intimidation.
Wilmington Man Sentenced to 252 Months in Prison for Drug Trafficking and Firearm OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Judge James C. Dever III sentenced JOAQUIN R. ORTEGA, 36, of Graham, North Carolina, to 252 months imprisonment followed by 60 months of supervised release.
ORTEGA was charged in a five-count Indictment that was issued by the grand jury for the Eastern District of North Carolina on January 12, 2017. The indictment charged him with multiple drug trafficking counts relating to the distribution of crystal methamphetamine and with firearms charges relating to drug trafficking.
In 2015 and 2016, United States Drug Enforcement Administration (DEA) investigated a drug trafficking organization (DTO) that primarily operated in Virginia and North Carolina. The DTO was known to distribute large quantities of crystal methamphetamine through multiple distribution points in both Virginia and North Carolina. On September 22, 2016, the DEA and local law enforcement ordered five (5) pounds of crystal methamphetamine from a member of the DTO who lived in Alamance County, North Carolina. When the ordered methamphetamine was being delivered, law enforcement observed ORTEGA and four (4) other individuals in separate vehicles meet the undercover informant in a parking lot before completing the deal. Law enforcement arrested ORTEGA and the other four individuals with whom ORTEGA was working with to make the delivery.
At sentencing, the Court found that ORTEGA was the leader of the DTO who was responsible for supplying and distributing large quantities of crystal methamphetamine throughout the Southeastern United States.
This case was brought by the United States Attorney’s Office through partnership with the Clayton Police Department, Alamance County Sheriff’s Office and the United States Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Brad Knott.
Wilmington Man Sentenced to 190 Months in Prison for Drug Trafficking OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that Chief United States District Judge Terrence W. Boyle sentenced TALIH RIK ANTHONY REEVES, 36, of Wilmington, North Carolina, to 190 months imprisonment, followed by 48 months of supervised release.
REEVES was charged in a ten-count Indictment that was issued by the grand jury for the Eastern District of North Carolina on February 22, 2018. The indictment charged him with multiple drug trafficking counts relating to the distribution of heroin, powder cocaine, and cocaine base crack. All of the charged crimes took place in Wilmington, North Carolina.
In early 2017, the Drug Enforcement Administration (DEA) and Wilmington Police Department conducted multiple controlled purchases of cocaine and cocaine base crack from REEVES and individuals who worked with REEVES. After these controlled purchases and many hours of surveillance, law enforcement took down the REEVES organization on May 25, 2017. In the take down, law enforcement made multiple arrests at two residences, and recovered significant quantities of heroin, cocaine, firearms and cash. REEVES was arrested at a Wilmington Motel where agents recovered over 14,000 bindles of heroin, nearly 700 grams of cocaine, and $19,500.00 in U.S. currency.
This case was brought by the United States Attorney’s Office through partnership with the Wilmington Police Department and the United States Drug Enforcement Administration. The case was prosecuted by Assistant United States Attorney Brad Knott.
Brunswick County Man Sentenced to 204 Months in Prison for Drug Trafficking OffensesRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that United States District Court Judge James C. Dever III sentenced RODNEY TROY WILLIAMS, 50, of Bolivia, North Carolina, to 204 months in prison, followed by 60 months of supervised release.
WILLIAMS was charged in a two-count Indictment that was issued by the grand jury for the Eastern District of North Carolina on January 31, 2018. The indictment charged WILLIAMS with multiple drug trafficking counts relating to the distribution of cocaine base crack. All of the charged crimes took place in Brunswick and Robeson Counties of North Carolina.
In April, 2017, the Federal Bureau of Investigation (FBI) and the Brunswick County Sheriff’s Office investigated a drug trafficking group that WILLIAMS allegedly worked for. On April 10, 2017, based upon multiple leads, the FBI and Brunswick County Sheriff’s Office followed WILLAMS from his home in Brunswick County to a residence in Robeson County, North Carolina. While WILLIAMS traveled back to Brunswick County, law enforcement initiated traffic stops on both cars traveling with WILLIAMS. In one of the vehicles, agents recovered roughly 100 grams of crack cocaine. All of the individuals from both vehicles were arrested and eventually confessed to working with WILLIAMS to traffic the seized crack cocaine.
At sentencing, the Court found that WILLIAMS was the leader of the drug trafficking organization. Further, the Court noted WILLIAMS’S lengthy criminal history, which includes multiple drug trafficking felonies, as part of the justification for the sentence imposed.
This case was brought by the United States Attorney’s Office through partnership with the Brunswick County Sherriff’s Office and the FBI. The case was prosecuted by Assistant United States Attorney Brad Knott.
Three Aliens Indicted on Illegal Reentry ChargesRead the Press Release
GREENVILLE – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that a federal grand jury in Greenville has returned indictments charging RAMIRO CORTEZ-RODRIGUEZ, age 39, of Mexico, JOSE PEREZ-GOMEZ, age 45, of Mexico, and ALAN VILLA-MARTINEZ, age 24 of Mexico, with Illegal Reentry of a Deported Alien.
If convicted of illegal reentry of a deported alien, CORTEZ-RODRIGUEZ, previously deported five times and found in Johnston County, PEREZ-GOMEZ, found in Wayne County, and VILLA-MARTINEZ, found in Wake 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.
The cases are being investigated by ICE’s Enforcement and Removal Operations and Homeland Security Investigations.
Lumberton Man Sentenced for Drug DistributionRead 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 ANTHONY ANDREWS, 51, of Lumberton, North Carolina, to 132 months imprisonment, followed by 3 years of supervised release.
ANDREWS was named in an Indictment filed on March 15, 2016, charging him with one count of conspiracy to distribute and possess with intent to distribute Endocet, Methadone, Oxycodone, Oxycontin, and Oxymorphone. On October 11, 2016, ANDREWS pled guilty.
According to the investigation, from June 2012 until April 2015, ANDREWS conspired with, among others, Dr. Donovan Dixon to distribute large volumes of prescription drugs in the Robeson County area unlawfully. ANDREWS would provide Dixon with names of individuals, and Dixon would then write prescriptions for those individuals in exchange for cash. ANDREWS would then sell those prescription drugs on the streets of Robeson County.
For information concerning the court’s sentence of Dr. Dixon please click on this link https://go.usa.gov/xPG7Z
Investigation of this case was conducted by the Drug Enforcement Administration’s Tactical Diversion Squad. Assistance was also provided by the State Bureau of Investigation, Diversion and Environmental Crime Unit, the Internal Revenue Service-Criminal Investigations (IRS-CI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Robeson County Sheriff’s Office, and the Fayetteville Police Department.
House Fitters, Inc.’s Vice President Sentenced for Unlawfully Employing an Illegal AlienRead the Press Release
RALEIGH – Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina, announces that House Fitters, Inc.’s Vice President, ROBERT B. JERNIGAN, age 52, of Kinston, North Carolina, was sentenced today to a 12-month probationary sentence by United States District Judge James C. Dever III after a guilty plea to unlawfully employing an illegal alien. JERNIGAN was also ordered to forfeit $9,649.00 in connection with the criminal conduct.
According to court records, JERNIGAN, in his role as House Fitters, Inc.’s Vice President, hired Oscar Obdulio Lopez-Garcia, a previously deported alien from Guatemala, knowing Lopez-Garcia was not authorized to undertake employment in the United States. In order to avoid detection, JERNIGAN and House Fitters, Inc. allowed Lopez-Garcia to reside in company property and reported Lopez-Garcia’s wages to the North Carolina Employment Security Commission under a fictitious name.
On September 7, 2018, Lopez-Garcia pleaded guilty in federal court to illegal reentry into the United States after having been deported on three (3) occasions subsequent to a conviction for sale of a controlled substance. Lopez-Garcia’s sentencing hearing is scheduled for the December 2018 term of court.
The case was investigated under the newly created framework of the Document and Benefit Fraud Task Force (DBFTF) in the Eastern District of North Carolina and is led by Immigration and Customs Enforcement - Homeland Security Investigations, and assisted by Enforcement Removal Operations, and United States Citizenship and Immigration Services, among other agencies. The investigation as to the unlawful employment of unauthorized aliens is ongoing.
Wilson Man Sentenced to Federal Prison for Distributing CrackRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr. announced that in federal court, United States District Judge Louise W. Flanagan, sentenced MICHAEL EUGENE BLAKENEY, 29 from Wilson, North Carolina, to 37 months in prison, followed by 6 years of supervised release. Additionally, as the defendant had his supervised release revoked he was sentenced to 30 months custody.
BLAKENY was named in a 6-count Indictment filed in the Eastern District of North Carolina on November 29, 2017. On May 15, 2018, pursuant to a written Plea Agreement, BLAKENEY pled guilty to Distribution of a Quantity of Cocaine Base, in violation of 21 U.S.C. §§ 841(a)(1).
Investigation was initiated by the Wilson Police Department (WPD) in Wilson, North Carolina, as part of an on-going investigation into drug trafficking in Wilson, North Carolina. Officers of the Wilson Police Department received information that BLAKENEY was involved in the distribution of cocaine base in the Wilson area. At the time of the investigation, BLAKENEY was under the supervision of the United States Probation Office for the Eastern District of North Carolina due to a prior federal conviction for Conspiracy to Distribute and Possession With Intent to Distribute 28 Grams or More of Cocaine Base. Following his arrest on September 8, 2017, BLAKENEY provided a statement to agents reporting that he had been selling crack cocaine between May and August of 2017.
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter investigated by the Wilson Police Department Narcotics Unit and the Drug Enforcement Agency (DEA). Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
Currituck County Man Sentenced to 10 Years in Prison for Distributing Cocaine and CrackRead 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 CHRISTIAN LAVAR BURTON, 38 from Elizabeth City, North Carolina, to 120 months in prison, followed by 3 years of supervised release.
CHRISTIAN LAVAR BURTON, was named in a six-count Indictment filed in the Eastern District of North Carolina on March 21, 2018. On May 7, 2018, pursuant to a written Plea Agreement, BURTON pled guilty to Conspiracy to Distribute and Possession With the Intent to Distribute a Quantity of Cocaine and Cocaine Base (Crack) from April 2016 through February 2018, in violation of 21 U.S.C. § 846.
The Currituck County Sheriff’s Office (CCSO), Maple, North Carolina, initiated an investigation into the narcotics activity of BURTON in May 2016. BURTON had several past arrests for the sale of narcotics. During the course of the investigation, agents utilized an undercover agent and multiple confidential informants. From mid-2016 through early 2018, the CCSO made numerous controlled purchases from BURTON in and around the Elizabeth City area.
On February 1, 2018, BURTON was arrested at his home in Moyock. A search of BURTON’S residence resulted in the seizure of approximately 9 grams of cocaine base (crack), approximately 6 grams of cocaine, approximately 108 grams of marijuana, assorted plastic bag portions used to package marijuana, $1,551 in United States currency, and a set of digital scales.
The case is a federal Organized Crime Drug Enforcement Task Force (OCDETF) criminal matter investigated by the Currituck County Sherrif’s Office Narcotics Unit, the North Carolina State Burea of Investigations and the FederalBureau of Investigations. Assistant United States Attorney Edward Gray prosecuted the case on behalf of the United States.
Shaw University and Local Contractor Agree to Pay $316,900 to Settle Claims that They Falsely Obtained Funds from the United States Department of EducationRead the Press Release
RALEIGH – United States Attorney Robert J. Higdon, Jr., announced that Shaw University and Contractor Freddy Novelo agreed to pay $316,900 to settle claims that a former Shaw University official and a local building contractor made false statements and violated competitive bid requirements to obtain Department of Education grant funds in violation of the False Claims Act.
The United States’ investigation revealed that Novelo and one of Shaw University’s former Vice Presidents fabricated bids for a construction contract to evade the Department of Education’s competitive bidding requirements. They then used those fabricated bids to justify payment of federal funds.
The government’s investigation began with a whistleblower complaint filed by a private individual under the qui tam provisions of the False Claims Act. After investigating, the United States intervened to take over part of the lawsuit, and, through settlement, has now fully recovered the federal funds falsely obtained, plus substantial penalties.
“This settlement demonstrates our firm commitment to protect taxpayer money and to guard the integrity of federal grant programs,” said U.S. Attorney Higdon. “Universities, contractors, and all those seeking federal funds are required to make honest claims for payment. Those who do not will be held accountable.”
The federal False Claims Act allows the United States to recover triple the money falsely obtained, plus substantial penalties for each false claim submitted. The government can also recoup investigative costs. If the lawsuit was originally filed by a whistleblower, that person may be entitled to a portion of the government’s recovery.
It should be noted that the claims resolved by settlement here are allegations only, and that there has been no judicial determination or admission of liability. Shaw University and its current administration have fully cooperated in resolving these allegations.
The settlement was the result of coordinated effort by the U.S. Attorney’s Office for the Eastern District of North Carolina and the Department of Education. Assistant United States Attorneys Michael Anderson and Neal Fowler represented the government in this case.
Raleigh Man Sentenced for Bank RobberyRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that, JAMES ANTHONY MACALUSO, 49, of Raleigh, was sentenced by United States District Judge James C. Dever, III for bank robbery. Judge Dever sentenced MACALUSO to 71 months’ imprisonment followed by 3 years of supervised release.
MACALUSO was charged in a one-count indictment on April 3, 2018, and pleaded guilty on August 7, 2018, to that indictment.
On September 23, 2017, officers with the Raleigh Police Department responded to a robbery at Peoples Bank in Raleigh. MACALUSO entered the bank and passed a note to a teller demanding money. MACALUSO stole $3,781, then fled. The Raleigh Police Department later located and arrested MACALUSO after footage from the robbery showing his face was released to the public.
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.
This case is part of the Take Back North Carolina Initiative of 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.
The investigation of this case was conducted by the Raleigh Police Department and the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Assistant United States Attorney Erin Blondel handled the prosecution of this case for the government.
Rocky Point Man Sentenced for Distribution and Possession of CocaineRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that EDUARDO ROMERO MARTINEZ, 39, of Rocky Point, NC, was sentenced by United States District Judge James C. Dever III, on drug charges. Judge Dever sentenced MARTINEZ to 60 months’ imprisonment followed by 3 years of supervised release, in addition to 24 months for revocation of supervised release.
On January 31, 2018, MARTINEZ was charged in a three-count indictment, and on August 28, 2018, he pled guilty to possession with intent to distribute a quantity of cocaine. MARTINEZ was under federal supervised release at the time of his arrest in May of 2017.
In June of 2016, deputies with the Onslow County Sheriff’s Office received information that MARTINEZ was trafficking cocaine. Deputies then conducted multiple controlled purchases of cocaine from MARTINEZ. From June 14 to July 27, 2016, a total of approximately 82 grams of cocaine were purchased from MARTINEZ.
On February 14, 2017, an undercover officer conducted a controlled purchase of 55.7 grams of cocaine from MARTINEZ for $2,700. On May 18, 2017, an undercover officer met MARTINEZ, this time purchasing 27.2 grams of cocaine for $1,400. Later that day, deputies arrested MARTINEZ, who was found in possession of 55 grams of cocaine. MARTINEZ was interviewed and admitted to distributing and possessing the cocaine.
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 investigation of this case was conducted by the Onslow County Sheriff’s Office, Jacksonville Police Department, New Hanover County Sheriff’s Office, and Drug Enforcement Administration. Assistant United States Attorney Jake D. Pugh handled the prosecution of this case for the government.
Men Sentenced for Methamphetamine Distribution in Jacksonville, North CarolinaRead the Press Release
RALEIGH – The United States Attorney for the Eastern District of North Carolina, Robert J. Higdon, Jr., announced that today in federal court, United States District Judge James C. Dever, III sentenced SAMUEL MONSERRATE-GARCIA, 55, of Midway Park, North Carolina and VICTOR RODRIGUEZ, 41, of Jacksonville, North Carolina for their roles in distributing methamphetamine in the Jacksonville area.
On August 7, 2018, MONSERRATE-GARCIA pled guilty to Conspiracy to Distribute and Possess With Intent to Distribute 50 Grams or More of Methamphetamine (Count One) and Possession With Intent to Distribute 50 grams or More of Methamphetamine and Aiding and Abetting (Count Two) and today he was sentenced to 120 months imprisonment followed by 5 years of supervised release. Also on August 7, 2018, RODRIGUEZ pled guilty to Possession With Intent to Distribute 50 Grams or More of Methamphetamine and Aiding and Abetting, and today he was sentenced to 120 months of imprisonment followed by 5 years of supervised release.
MONSERRATE-GARCIA and RODRIGUEZ had been charged by the grand jury for the Eastern District of North Carolina in a Second Superseding Indictment filed on March 28, 2018.
On October 6, 2016, members of the Onslow County Sheriff’s Office determined that MONSERRATE-GARCIA and RODRIGUEZ were attempting to sell crystal methamphetamine from a hotel in Jacksonville, North Carolina.
On October 7, 2016, officers executed a search warrant at the hotel room. Officers seized two bags containing a total of 95.97 grams of 99% pure methamphetamine (“Ice”), as well as marijuana, cocaine, and a digital scale.
An individual indicated that MONSERRATE-GARCIA had agreed to distribute six kilograms of pure methamphetamine (“Ice”) for him.
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.
The Drug Enforcement Administration and the Onslow County Sheriff’s Office conducted the criminal investigation of this case. Assistant United States Attorney Scott A. Lemmon handled the prosecution of this case for the government.