District of New Hampshire
Press releases recorded for this federal judicial district.
Former Boscawen Man Sentence to 51 Months in Federal Prison for Oxycodone TraffickingRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced yesterday that Patrick J. Brooks, II, 37, formerly of Boscawen, New Hampshire, was sentenced to 51 months in federal prison for possession of oxycodone with the intent to distribute.
According to court documents and statements made during earlier court proceedings, in June and July 2016, a Concord, New Hampshire, undercover officer made a series of purchases of oxycodone from an individual who, during those transactions, told the undercover detective that Brooks had been selling oxycodone to her for eleven years. On July 20, 2016, police officers executed a search warrant on Brooks’ Boscawen home. The execution of the warrant yielded nearly 2,000 30-milligram oxycodone pills and approximately $20,000 in cash. The cash recovered from Brooks’ home included currency that the undercover detective had used to buy oxycodone in one of the undercover transactions.
After completing his prison term, Brooks will be on supervised release for three years. The cash and other drug proceeds are the subjects of a pending state forfeiture proceeding.
“The United States Attorney’s Office is committed to working with our law enforcement partners to identify and prosecute those who are responsible for distributing opioids,” Acting U.S. Attorney Farley said. “All too often, the road to heroin or fentanyl addiction begins with the misuse of oxycodone pills. Those who profit from the illicit sales of these pills are contributing to the opioid crisis in the Granite State. We will continue to devote our efforts to putting drug distributors out of business. I commend the efforts of the law enforcement officers in this case for their success in dismantling this significant drug distribution operation.”
This matter was investigated by the Concord and Boscawen police departments. Assistant United States Attorney Bill Morse prosecuted the case.
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Derry Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Anthony Barth, 25, of Derry, New Hampshire, pleaded guilty in federal court yesterday to two counts of distributing fentanyl and one count of possessing with intent to distribute 400 or more grams of fentanyl.
According to statements made in court, Barth sold fentanyl to a confidential informant on two occasions in July and August of 2016. On August 17, 2016, the confidential informant placed an order for 50 “fingers” or approximately 500 grams of fentanyl. The defendant arrived at the predetermined meeting location in Derry, New Hampshire where officers attempted to arrest him. Barth tried to flee, hitting a police car and eventually abandoning his own vehicle behind a nearby business. He ran into a wooded area where he attempted to discard the drugs but was apprehended shortly thereafter. Officers searched the wooded area and found the drugs, which lab results confirmed contained approximately 490 grams of fentanyl.
A sentencing hearing has been scheduled for September 14, 2017 at 10:00 a.m. at the United States District Court. The defendant faces a minimum mandatory sentence of 10 years and a maximum sentence of life imprisonment.
“The United States Attorney’s Office is dedicated to working with our federal, state, and local law enforcement partners to arrest and prosecute individuals who are distributing deadly drugs like fentanyl,” Acting U.S. Attorney Farley said. “While the law enforcement community recognizes that those who suffer from addiction require treatment, those who profit from the sale of these deadly products are damaging the fabric of our communities. This case is another example of our continuing efforts to stop the distribution of illegal opioids into our state.”
“The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said DEA Special Agent in Charge Michael J. Ferguson. “Those suffering from fentanyl and heroin addiction need treatment and recovery, but those that distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes this poison.”
This case was investigated by the Drug Enforcement Administration and the Manchester and Derry Police Departments. It is being prosecuted by AUSA Georgiana L. Konesky.
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Ossipee Man Sentenced to Eight Years in Prison for Fentanyl ConspiracyRead the Press Release
CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Jeffrey Lamarche, 39, of Ossipee, was sentenced to serve eight years in federal prison for his role in a conspiracy to possess with intent to distribute fentanyl.
According to court documents and statements in court, on May 24, 2016, Lamarche was a passenger in a vehicle stopped by a New Hampshire State Police trooper. After making various observations about Lamarche, the trooper asked if he would consent to a search. Lamarche consented. When the trooper asked the defendant to squat and stand up, seven cellophane packages fell from his right pant leg. Lab results later confirmed that the packages contained 44.6 grams of fentanyl and 5.8 grams of cocaine.
“The United States Attorney’s Office is committed to working with all of our law enforcement partners to stop the distribution of fentanyl,” Acting U.S. Attorney Farley said. “Those who choose to sell dangerous substances are jeopardizing the lives of the people in our communities. While people suffering from addiction need treatment, we will continue to target and prosecuted individuals involved in drug trafficking.”
The case was investigated by the New Hampshire State Police and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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New York Women Plead Guilty to Using Counterfeit Credit CardsRead the Press Release
CONCORD, N.H. - Latavia Hassan, 33, of Mastic, New York, and Chantel Lightner, 26, of Wyandanch, New York, have pleaded guilty to conspiracy to use counterfeit credit cards, announced Acting United States Attorney John J. Farley.
During separate hearings in federal court yesterday, Hassan and Lightner admitted that on 24 separate occasions they used counterfeit credit cards to fraudulently acquire gift cards and other merchandise totaling more than $18,000 from TJ Maxx, Marshalls, and Home Goods stores in Nashua, Bedford, Londonderry, Manchester, and Concord on April 16, 2017.
Members of the Concord Police Department recovered the counterfeit credit cards and stolen gift cards and merchandise after Hassan and Lightner attempted to buy gift cards from a store in Concord.
Hassan and Lightner will be sentenced on September 14, 2017.
The Concord Police Department and Federal Bureau of Investigation conducted the investigation. Assistant United States Attorney Robert M. Kinsella is prosecuting the case.
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Former Nashua Woman Sentenced to Prison for Tax Refund and Identity Theft ScamRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Gladys Maria Pena Dominguez, 35, was sentenced on Monday to serve 54 months in federal prison for her role in a scheme to use stolen personal identifying information to file false federal income tax returns and steal hundreds of thousands of dollars from the U.S. Treasury.
According to statements made during the proceedings, from January 2012 to December 2013, Pena couriered approximately 161 U.S. Treasury tax refund checks from New York, N.Y., to Kenneth Feliz, a co-conspirator in New Hampshire, who gave Pena cash in return. As Pena knew, the checks had been obtained from the Internal Revenue Service by co-conspirators who induced the IRS to issue the checks based upon false tax returns that the co-conspirators had filed using the names and Social Security numbers of real people without their consent or knowledge. The co-conspirators also reported false mailing addresses on the tax returns to cause the IRS to mail the fraudulently derived Treasury tax refund checks to locations that they controlled. The aggregate face value of the checks was approximately $1.1 million.
Pena is a resident of the Bronx, N.Y., and a former resident of Nashua, N.H. Pena had previously pleaded guilty to the federal crimes of theft of government property, aggravated identity theft, and conspiracy.
After completing her prison sentence, Pena will serve three years of supervised release. She also must pay $1,095,879.44 in restitution to the IRS.
Feliz is scheduled to be sentenced on July 10, 2017.
This matter was investigated by the Internal Revenue Service’s Criminal Investigation unit, principally by its Manchester, N.H., field office, with assistance from its field office in New York, N.Y. and its Fraud Detection Unit. Assistant United States Attorney Bill Morse prosecuted the case.
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Citizen of Pakistan and United Kingdom Sentenced for International Wire Fraud Scheme That Sold False Cures for Multiple IllnessesRead the Press Release
CONCORD, N.H. - Mustafa Hasan Arif, 37, an individual with dual citizenship in Pakistan and the United Kingdom, was sentenced to serve six years in federal prison for his role in an extensive international wire fraud scheme, Acting United States Attorney John J. Farley announced today.
According to court documents and statements in court proceedings, Arif defrauded individuals all around the world by selling drugs that he claimed would cure many serious diseases. While in Lahore, Pakistan, Arif created, maintained, and controlled over 1,500 websites that promoted the sale of the drugs. The websites claimed that the drugs would cure and treat hundreds of diseases, many of which were incurable, including cerebral palsy, mental retardation, Parkinson’s disease, Alzheimer’s disease, and emphysema. The websites included falsified cure rates, false clinical research, and fabricated testimonials. One series of websites fraudulently claimed that Arif’s products had shown a 90 percent cure rate in clinical trials. Other websites included links to clinical research that had not been written about the drugs on the websites, but which suggested that clinical research had been performed on the products Arif was distributing. In an effort to make customers comfortable about the products, Arif also falsely represented that the drugs were being sold by entities in Germany, Norway, Italy, Australia, New Zealand, and Denmark when in fact the drugs were all being sold and shipped from Pakistan. Documents in the case show that Arif ‘s scheme generated more than $12.8 million in fraudulent sales to more than 100,000 victims.
Arif initially was arrested after he flew into New York in February 2014 on a business trip. He appeared in federal court in New York and later was transported to New Hampshire, where he has remained in custody. He pleaded guilty to wire fraud on October 11, 2016.
“The defendant’s conduct was reprehensible,” Acting U.S. Attorney Farley said. “He preyed on vulnerable individuals who were seeking to find cures for illnesses that often had no known cure. His scheme not only defrauded his victims financially but also victimized them emotionally by raising false hopes that his products could treat their serious medical conditions. Rather than providing his sick customers with remedies for their illnesses, he only caused more pain. I commend the law enforcement officers who put an end to this dangerous and heartless scheme.”
“Criminals who deceive U.S. consumers with false information and false claims about drugs can adversely affect the public’s health,” said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations’ New York Field Office. “Our office will continue to pursue and bring to justice those who take advantage of consumers in their quest for profits.”
This investigation was led by the FDA/Office of Criminal Investigations, Cybercrime Investigations Unit along with Homeland Security Investigations. Assistance during the investigation was provided by the New Hampshire Attorney General’s Office, Portsmouth New Hampshire Police Department, the United States Consulate, Diplomatic Security Service Lagos, Nigeria office, New Zealand Ministry of Health, United Kingdom Medicines and Healthcare Products Regulatory Agency, and the Department of Justice, Office of International Affairs. The investigation was prosecuted by Assistant United States Attorney Arnold H. Huftalen and Sarah Hawkins of the FDA/Office of Chief Counsel.
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Vermont Man Pleads Guilty to Escape ChargeRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Robert Rosploch, 34, formerly of Leicester, Vermont, pleaded guilty today to escape from federal custody.
According to court documents and statements made in court, on November 16, 2016, Rosploch escaped from a halfway house in Manchester, New Hampshire, by climbing out of a first-floor window. Within hours, Deputy U.S. Marshals located Rosploch on the streets of downtown Manchester, and took him into custody without incident. At the time of his escape, Rosploch was serving a sentence for a previous conviction in Vermont federal court for conspiring to distribute cocaine.
Rosploch is scheduled to be sentenced on August 24, 2017.
This matter was investigated by the U.S. Marshals Service, and the case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Dover Man Pleads Guilty to Possessing Ammunition UnlawfullyRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Isaiah Johnson, 37, of Dover, New Hampshire, pleaded guilty today to being a felon in possession of ammunition.
According to court documents and statements made in court, on September 20, 2016, Dover Police pulled over a vehicle for a traffic violation. Johnson was a passenger in the vehicle. During the traffic stop, Johnson was found to have a loaded ammunition clip in his pocket. As a previously-convicted felon, Johnson is prohibited from possessing ammunition or firearms.
Johnson is scheduled to be sentenced on September 6, 2017.
“The United States Attorney’s Office is committed to working with our federal, state, and local law enforcement partners to combat gun-related violence. Keeping firearms and ammunition out of the hands of convicted criminals helps to keep our communities safe. I commend the work of law enforcement officers in this case,” said Acting U.S. Attorney Farley.
This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Dover Police Department. The case is part of ATF’s Project Safe Neighborhoods, a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Shane B. Kelbley.
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Manchester Man Sentenced to 54 Months for Child Pornography PossessionRead the Press Release
CONCORD, N.H.: Allan Yianakopolos, 49, of Manchester, New Hampshire, was sentenced to serve 54 months in federal prison for possessing child pornography, announced Acting United States Attorney John J. Farley.
According to court records, law enforcement officers executed a search warrant at the Manchester residence of Yianakopolos in February of 2016. Among the items seized was a cellular telephone that contained hundreds of images and videos of child pornography.
Yianakopolos pleaded guilty to possessing child pornography on January 26, 2017. After serving his54-month prison sentence, he will be on supervised release for ten years.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the New Hampshire Crimes Against Children Task Force in conjunction Homeland Security Investigations Manchester, and the police departments of Manchester and Bedford, New Hampshire. The case was prosecuted by Assistant United States Attorney Georgiana Konesky.
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Hudson Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD – Acting United States Attorney John J. Farley announced that Dennis Higgins (23), formerly of Hudson, New Hampshire, pleaded guilty to unlawful distribution of fentanyl.
According to court documents and statements in the court proceeding, on February 15, 2016, Higgins sold a quantity of fentanyl to “M.W.”, a 22-year old female from Kittery, Maine. Because of a 911 call the following morning, emergency personnel responded to M.W.’s residence in Kittery, where they found M.W. dead from a suspected drug overdose. In the immediate vicinity of the body, law enforcement officers found needles and a plastic bag that contained a white powdery substance that was determined to be fentanyl. An autopsy determined M.S.’ death was caused by acute fentanyl intoxication.
Higgins is scheduled to be sentenced on August 23, 2017. The plea agreement contains a binding stipulation that the parties agree to recommend to the Court that Higgins be sentenced within a range of 120 months to 144 months of imprisonment; however, the Court deferred acceptance of the stipulation until the time of sentencing.
“Opioid abuse is at epidemic levels in New Hampshire,” said Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State, and DEA is committed to aggressively pursue anyone who distributes this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
Acting United States Attorney John J. Farley said, “Fentanyl continues to be the cause of far too many deaths in the Granite State and throughout New England. The aggressive investigation and prosecution of individuals engaged in fentanyl trafficking in New Hampshire remains a top priority of the United States Attorney’s Office and our law enforcement partners at the local, state. and federal level. While we support access to treatment for those who suffer from addiction, those who distribute these deadly drugs need to be held accountable for the substantial damage they are causing in our community.”
This case was investigated by the United States Drug Enforcement Administration with assistance from the Kittery, Maine and Merrimack, New Hampshire Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Federal Inmate Pleads Guilty to Drug and Weapon PossessionRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Rahshim Carter, an inmate at the federal prison in Berlin, New Hampshire, pleaded guilty to possessing Suboxone and a homemade weapon known as a shank.
Pleadings filed with the court and statements made at the change of plea hearing established that staff at FCI-Berlin were conducting a health and sanitation check at the prison on November 24, 2016. When they opened Carter’s cell the staff smelled smoke. Carter exited his cell and immediately tried to evade the prison staff by running around the second tier of the unit and jumping to the first tier. Prison staff eventually subdued Carter and a search found the homemade weapon and a quantity of Suboxone, which is a controlled substance.
A sentencing hearing has been scheduled for August 22, 2017.
The case was investigated by the staff at the Bureau of Prisons, FCI-Berlin. The case is being prosecuted by Assistant U.S. Attorney Don Feith.
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Utah Man Sentenced to 30 Months for Possessing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that John Shelley, 34, of Highland, Utah was sentenced to 30 months in federal prison for possessing child pornography.
Information set forth in pleadings filed with the court showed that the Department of Homeland Security executed a search warrant in October 2014 that resulted in the seizure of two computers from Shelley’s residence and his vehicle. A forensic analysis of the computers revealed that Shelley possessed images of child pornography. The National Center for Missing and Exploited Children confirmed that the images possessed by Shelley included 61 images and one video of known minor children engaged in sexually explicit conduct.
Shelley previously pleaded guilty. After completing his prison sentence, he will be on supervised release for a period of ten years.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Department of Homeland Security, Homeland Security Investigations. The New Hampshire Internet Crimes Against Children Task Force, the Vermont Internet Crimes Against Children Task Force, and the Litchfield Police Department all participated in and contributed to the investigation. The case was prosecuted by AUSA Helen Fitzgibbon.
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Penacook Man Pleads Guilty to Drug Trafficking and Firearms OffensesRead the Press Release
CONCORD, N.H.– Acting United States Attorney John J. Farley announced today that Bryan Franklin (41), formerly of Penacook, New Hampshire, pleaded guilty to possession of fentanyl and methamphetamine with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.
According to court documents and statements in the court proceeding, on September 24, 2016, the Tilton, New Hampshire Police Department conducted a traffic stop of a vehicle operated by Franklin that was found to contain multiple needles, cut plastic baggies, and other items associated with drug use. A subsequent search of another vehicle owned by Franklin resulted in the seizure of a lock box that contained approximately $15,958 cash, approximately 750 grams of fentanyl, assorted prescription pills, a quantity of methamphetamine, a thumb drive, and two digital scales. Additionally, a backpack in the vehicle contained a tin box that contained an additional quantity of fentanyl, a drug ledger, and a loaded semi-automatic handgun that had been reported to law enforcement as stolen.
Franklin is scheduled to be sentenced on August 23, 2017. Franklin faces a possible maximum sentence of twenty years on the drug trafficking charge and a mandatory minimum five year sentence for the firearm, which must be served consecutively to any term of imprisonment imposed for the drug charge.
“The aggressive investigation and prosecution of individuals engaged in fentanyl trafficking in New Hampshire remains a top priority of the United States Attorney’s Office and our law enforcement partners at the local, state and federal level,” said Acting U.S. Attorney Farley. “As New Hampshire continues to face an unprecedented number of overdose deaths directly caused by opioid use, we will continue to work tirelessly to prosecute those who are responsible for distributing these dangerous drugs in our state. Most drug deaths in New Hampshire are associated with fentanyl use. The quick-thinking law enforcement officers who seized this large quantity of fentanyl and prevented it from being distributed may have saved several lives.”
“Opioid abuse is at epidemic levels in New Hampshire,” said Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State in record numbers, and DEA is committed to aggressively pursuing anyone who distributes this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This case was investigated by the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Tilton Police Department. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Keene Man Sentenced to Seven Years in Federal Prison for Conspiring to Distribute in Excess of One Kilogram of HeroinRead the Press Release
CONCORD, NEW HAMPSHIRE –Acting United States Attorney John J. Farley announced today that Ryan Williams, age 31, formerly of Keene, New Hampshire was sentenced to serve seven years in federal prison for conspiracy to distribute over a kilogram of heroin.
After a lengthy investigation, law enforcement officers determined that over the course of several years, Williams conspired to distribute over nine kilograms of heroin to numerous individuals in the Keene, New Hampshire area and that Williams obtained the heroin from co-conspirators in Lawrence, Massachusetts. On March 29, 2015, when law enforcement arrested Williams during a traffic stop, he had over half a kilogram of heroin in his possession. Subsequently, while on pretrial release on state charges, Williams was arrested on July 21, 2015 after he failed to appear for a court proceeding. Law enforcement officers located Williams at a residence in Keene where police seized a digital scale, cash, and 5.5 grams of fentanyl.
Williams was indicted in federal court on August 6, 2015. He pleaded guilty to the charge on August 3, 2016.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the opioid crisis in New Hampshire by continuing to identify and target drug traffickers who are responsible for the distribution of large quantities of heroin and fentanyl in New Hampshire. We will continue to work each day to identify and prosecute drug traffickers who seek to profit from selling these drugs that are killing our citizens and damaging the fabric of our communities,” Acting U.S. Attorney Farley said.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The investigation was conducted by the: (1) United States Attorney’s Office; (2) Immigration and Customs Enforcement, Homeland Security Investigations; (3) New Hampshire Attorney General’s Drug Task Force; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; and (6) Massachusetts State Police. Assistant United States Attorney Jennifer Cole Davis prosecuted the case.
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Texas Man Sentenced to Two Years in Federal Prison for Identity Theft Related to Credit Card FraudRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Elvis Barban Chavez, 45, of Austin, Texas, was sentenced to two years in federal prison after pleading guilty to aggravated identity theft in connection with a credit card fraud scheme.
According to documents that were filed in the United States District Court, Chavez and others traveled from Austin, Texas to New Hampshire in late December 2015 and early January 2016. Once they arrived in New Hampshire, they began purchasing gift cards at various retail stores in the area, including the Sam’s Club store in Hudson, New Hampshire. The group obtained the credit card information for various individuals, including numerous New Hampshire residents, by downloading the information from a skimmer that was hidden in a gas pump at a store in Londonderry, New Hampshire. After downloading the information, the group used it at the self-checkout counters at the retail stores to purchase gift cards in the amount of $200. The total estimated loss is approximately $29,000.
On January 12, 2016, the Hudson Police Department were notified that the group was in the store purchasing gift cards. The police responded to the store and pursued the group into Tyngsborough, Massachusetts, where they were arrested by the Tyngsborough Police. Numerous cards and a skimming device were found in the vehicle.
The case was investigated by the Hudson Police Department, the Londonderry Police Department, the Manchester Police Department, the Tyngsborough Police Department and the New Hampshire State Police Forensic Laboratory. Numerous other departments and the staffs at various Sam’s Club stores assisted in the investigation. The case was prosecuted by Assistant U.S. Attorney Donald A. Feith.
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Manchester Man Pleads Guilty to Federal Firearms OffenseRead the Press Release
Concord, N.H. - Acting United States Attorney John J. Farley announced that Christian Cherry, 33, previously of Manchester, New Hampshire, pleaded guilty today to being a felon in possession of firearm.
According to court documents and statements made in court, members of Manchester Police Department responded to a 911 call on August 13, 2016, regarding a reported domestic dispute. Upon arrival, they encountered Cherry in his vehicle in the parking lot of the residence, and his then-girlfriend inside the apartment. Once in the apartment, officers observed visible signs of a struggle, and witnesses reported the presence of a firearm. Officers ultimately obtained a search warrant for the residence and recovered two Smith & Wesson handguns in a bedroom belonging to the defendant. One of the firearms had been reported stolen to Manchester Police in June 2016. Cherry was prohibited from possessing any firearm as a result of at least one prior felony conviction.
Cherry was indicted by a federal grand jury on October 19, 2016. He has been in custody since his arrest on November 17, 2016.
Cherry is scheduled to be sentenced on August 23, 2017.
This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Dover Man Fined for Illegally Possessing Protected BirdsRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley today announced that Jeremiah S. Loui, 31, of Dover, New Hampshire was fined $1000 for the illegal possession of birds of prey protected by the Migratory Bird Treaty Act (MBTA) and other federal laws.
According to court documents and statements made during prior proceedings in the case, Loui bought and resold a taxidermied Accipiter gentilis, commonly known as a Northern Goshawk, on the Internet. He also sold or possessed 14 other taxidermied birds of prey protected under either the MBTA or a similar wildlife statute, the Wild Bird Conservation Act. Finally, Loui made false statements to a law enforcement officer investigating his offenses.
Birds of prey, including the Northern Goshawk, play an important role in ecosystems here in the United States and across the globe. “The U.S. Attorney’s Office is committed to working with our law enforcement partners to combat illegal conduct that promotes the taking of -- or trafficking in -- protected wildlife.” said Acting U.S. Attorney Farley.
Loui previously pleaded guilty to violating the MBTA. As part of a plea agreement, Loui agreed to forfeit any interest he has in any of the fifteen protected birds.
This matter was investigated by the U.S. Fish and Wildlife Service with valuable support from the U.S. Postal Inspection Service. Assistant United States Attorney Bill Morse prosecuted the case.
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Haverhill Resident Sentenced to 14 Years in Prison for Participating in Drug Trafficking ConspiracyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Franklyn Morillo, 42, of Haverhill, Massachusetts was sentenced to serve 14 years in prison for participating in a conspiracy to distribute oxycodone and cocaine.
According to court documents and statements in court, Morillo and others worked together to distribute oxycodone pills and cocaine in Massachusetts and New Hampshire. The prosecution of Morillo and his associates was the result of a lengthy investigation that included purchases of drugs by cooperating individuals, surveillance, wiretaps, and search warrants. The investigation showed that this group was responsible for the distribution of thousands of oxycodone pills and several kilograms of cocaine. Over $18,000 in cash and a quantity of cocaine were seized from Morillo’s residence in Haverhill during the execution of a search warrant in August of 2015. Morillo was arrested on October 1, 2015. A quantity of oxycodone pills and over $2,000 in cash were recovered from his residence at the time of his arrest.
Morillo is one of six individuals indicted by a federal grand jury on September 23, 2015, and charged with conspiracy to distribute, and possess with intent to distribute, controlled substances. The other defendants are: Mara Morillo, 41, of Haverhill, Massachusetts; Juan Rojas, 32, of Haverhill, Massachusetts; Justin Bartimus, 36, formerly of Methuen, Massachusetts; Jorge Medina, 25, of Haverhill, Massachusetts; and Michael Lally, 29, of Salem, New Hampshire. All of the defendants have pleaded guilty. Morillo pleaded guilty on October 28, 2017.
“The United States Attorney’s Office is committed to working with our law enforcement partners to identify and prosecute those who are responsible for distributing opioids,” Acting U.S. Attorney Farley said. “All too often, the road to heroin or fentanyl addiction begins with the misuse of oxycodone pills. Those who profit from the illicit sales of these pills are contributing to the opioid crisis in the Granite State. We will continue to devote our efforts to putting drug distributors out of business. I commend the efforts of the law enforcement officers in this case for their success in dismantling this drug distribution operation.”
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation with assistance from the Haverhill, Massachusetts Police Department, the Methuen, Massachusetts Police Department, and the Massachusetts State Police. It is being prosecuted by Acting United States Attorney John J. Farley.
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Former Inmate at FCI-Berlin Sentenced for Drug PossessionRead the Press Release
CONCORD, NH – Acting United States Attorney John J. Farley announced today that Jason Ponder, 36, an inmate who had been at the Federal Correctional Institution in Berlin, New Hampshire, was sentenced to eight months in federal prison after pleading guilty to possessing contraband in the prison. Ponder possessed a quantity of the synthetic cannabinoid known as AB-Fubinaca, a controlled substance. Ponder was transferred to another federal prison after the incident. Ponder’s sentence will be added to the federal sentence he is currently serving.
On March 12, 2016, Ponder was visited by his girlfriend and a minor child. While the three were in the prison’s Visitation Room, the girlfriend passed three small white packages to Ponder. The correctional staff monitoring the visitation room saw the activity and it was captured on the prison’s security cameras. Ponder’s visit was immediately terminated and the girlfriend surrendered two packages of material to prison officials. Laboratory analysis of the material confirmed it was the Schedule I synthetic cannabinoid known as AB-Fubinaca.
Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations and, in some cases, deaths.
The case was investigated by the Federal Bureau of Prisons and was prosecuted by AUSA Don Feith.
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New Hampshire Human Trafficking Task Force and Give Way to Freedom End Their PartnershipRead the Press Release
CONCORD, N.H. - The New Hampshire Human Trafficking Collaborative Task Force and Give Way to Freedom have ended their partnership. Give Way to Freedom had served as the Project Director for the Task Force. Going forward, the Task Force will adopt a new management structure and will seek to install a new Project Director.
The Task Force is funded by a $1.3 million grant from the United States Department of Justice. Its goals are to ensure that comprehensive and specialized services are made available to victims of human trafficking through a multidisciplinary and collaborative approach and that perpetrators of sex trafficking and forced labor are investigated and prosecuted.
The Task Force appreciates the efforts of Give Way to Freedom in helping to secure the federal grant and its dedication to helping human trafficking victims.
The core team members of the New Hampshire Human Trafficking Task Force are the Manchester Police Department, Child and Family Services, Immigration and Customs Enforcement (ICE) - Homeland Security Investigations, and the United States Attorney’s Office.
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Keene Man Pleads Guilty to Possessing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Andrew Beezub, 33, of Keene, pleaded guilty in the United States District Court to one count of possessing child pornography. A sentencing hearing has been scheduled for August 14, 2017. Beezub was placed in the custody of the U.S. Marshal pending sentencing.
According to documents filed in the case and statements made during the change of plea hearing, the national Center for Missing and Exploited Children became aware in February 2016 that images and videos of suspected child pornography had been uploaded to a Dropbox account. Additional investigation by the Keene Police Department determined that the account was associated with the defendant. A search warrant in April 2016 resulted in the seizure of the defendant’s computer and telephone. A forensic analysis of the telephone established its link to the Dropbox account where videos of child pornography were stored.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The Keene Police Department and the Department of Homeland Security, Homeland Security Investigations, were involved in the investigation of this case. The case is being prosecuted by Assistant United States Attorney Helen White Fitzgibbon and Assistant United States Attorney Don Feith.
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New Hampshire Man Pleads Guilty to Bank RobberiesRead the Press Release
CONCORD, N.H. - Acting U.S. Attorney John J. Farley announced that Michael Giles, 41, pleaded guilty today in the United States District Court to committing three bank robberies and attempting to rob a fourth bank. A sentencing hearing has been scheduled for August 11, 2017. If the court accepts the terms of a plea agreement, Giles will be sentenced to ten years in federal prison.
According to documents filed with the court and statements made at the change of plea hearing, Giles robbed TD Bank branches located at 70 Bay Street and 1255 South Willow Street, both in Manchester, on November 23 and November 27, 2016. Giles was arrested by the Manchester Police shortly after the November 27, 2016 robbery was committed when Giles’ motor scooter failed to start. The police recovered the robbery proceeds from Giles.
Giles’ arrest led police to link him to the November 23, 2016 robbery of the TD Bank, the January 22, 2016 robbery of the Citizens Bank located at 1283 Hooksett Road in Hooksett, and the January 22, 2016 attempted robbery of the Citizens Bank located at 1550 Elm Street, Manchester, New Hampshire. Images captured by the bank’s surveillance system definitively identified Giles as the robber.
The Manchester Police Department and the Hooksett Police Department lead the investigations into the robberies in Manchester and Hooksett. The FBI assisted in the identification and prosecution of Giles. The case is being prosecuted by Assistant United States Attorney Don Feith.
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Inmate at FCI-Berlin Pleads Guilty to Possessing Marijuana While IncarceratedRead the Press Release
CONCORD, N.H. - Acting U.S. Attorney John J. Farley announced that Jesus Silva-Cruz, 42, a citizen of Cuba and an inmate at the federal correctional institution FCI-Berlin, pleaded guilty today in United States District Court to possessing marijuana and possessing a prohibited object while an inmate at a federal prison. A sentencing hearing is scheduled for August 3, 2017.
According to statements made at the change of plea hearing, on January 17, 2017, correctional staff at FCI-Berlin were conducting routine searches of cells. Silva-Cruz was the sole inmate assigned to cell 103. The staff found three vacuum sealed packages of green leafy material. Laboratory testing of the material proved it was marijuana. The total weight of the material was approximately three ounces.
The Bureau of Prisons was the lead investigative agency in this case. The case is being prosecuted by Assistant United States Attorney Don Feith.
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Acting United States Attorney Farley Encourages Participation in DEA's National Prescription Drug Take-Back Day on April 29, 2017Read the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley encourages the public to participate in the Drug Enforcement Administration’s National Prescription Drug Take-Back Day on Saturday, April 29, 2017.
“As our state continues to battle with an epidemic of opioid overdoses, we must acknowledge that many individuals start on the path toward addiction through the misuse of prescription drugs. Often, this can start when unneeded prescription drugs are used for recreational purposes. That initial experimentation sadly can lead to opioid addiction and, in far too many cases, untimely deaths. I encourage every citizen to take the time to dispose of unneeded medicine on Saturday. Your efforts will help improve the safety of both your household and your community,” said Acting U.S. Attorney Farley.
"Many Americans are not aware that medicines which languish in home cabinets are highly vulnerable to diversion, misuse, and abuse," said DEA Special Agent in Charge Michael J. Ferguson. "Rates of prescription drug abuse in the U.S. are at alarming rates, as are the number of accidental poisoning and overdoses due to the illegal use of these drugs. Please take the time to clean out your medicine cabinet and make your home safe from drug theft and abuse."
Prior Take-Back Days have been quite successful. On October 22, 2016, the public turned in 731,269 pounds—almost 366 tons—of medication to DEA and more than 4,000 of its community partners at almost 5,200 collection sites nationwide. Over the life of the program, 7.1 million pounds (more than 3,500 tons) of prescription drugs have been removed from medicine cabinets, kitchen drawers, and nightstands by citizens around the country.
Unused medicines in the home are a problem because millions who have abused prescription painkillers say they obtained those drugs from friends and family, including from home medicine cabinets, according to the National Survey on Drug Use and Health released last month. Some painkiller abusers move on to heroin: Four out of five new heroin users started with painkillers. Almost 30,000 people—78 a day—died from overdosing on these painkillers or heroin in 2014, according to the Centers for Disease Control and Prevention.
Collection sites will be set up throughout communities nationwide. To locate a collection site near you, go the DEA Office of Diversion Control web site at https://www.deadiversion.usdoj.gov/drug_disposal/takeback where you can search by zip code.
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FCI-Berlin Inmate Sentenced to 30 Months for AssaultRead the Press Release
CONCORD, N.H. – Acting U.S. Attorney John J. Farley announced today that Ruben Garcia, 32, an inmate at FCI-Berlin was sentenced to 30 months in federal prison after pleading guilty to assaulting another inmate with a homemade weapon. Garcia’s sentence will be consecutive to the current 151 month sentence he is serving for conspiracy to possess with the intent to distribute cocaine and marijuana.
Documents filed with the court and statements made at the today’s hearing established that on September 8, 2016, prison staff members observed Garcia assaulting another inmate by striking him repeatedly with a weapon made out of a lock in an athletic sock. The attack was captured by the prison’s video security system. Garcia pleaded guilty to the assault charge on December 23, 2016.
The case was investigated by the Bureau of Prisons staff at FCI-Berlin. It was prosecuted by Assistant United States Attorney Don Feith.
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Massachusetts Man Sentenced to 18 Months After Failing to Register as A Sex OffenderRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Beau Shields, 30, of South Barre, Massachusetts, was sentenced to 18 months in federal prison for failing to register as a sex offender as required by the federal Sexual Offender Registration and Notification Act (SORNA). Shields moved from New Hampshire to Massachusetts some time before April 2016 and did not register in Massachusetts and did not advise New Hampshire authorities that he was living in Massachusetts.
SORNA mandates that a person who is required to register must register in each jurisdiction where he resides, is employed or is going to school. gives an individual three days in which to register.
Shields was also sentenced to five years of supervised release, which will begin after he is released from prison.
The case was investigated by the United States Marshals Service with the assistance of the New Hampshire State Police and the Barre, Massachusetts, Police Department. The case was prosecuted by Assistant U.S. Attorney Don Feith.
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Two Members of Manchester-Based Drug Ring Sentenced to Lengthy Prison TermsRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Samuel Garcia (37) and Jennifer Nunez (26) were given lengthy prison sentences for their roles in a large-scale oxycodone trafficking ring that had operated in Manchester, New Hampshire. Garcia was sentenced today to 188 months (15 years, eight months) in federal prison. On Tuesday, Nunez was sentenced to 132 months (11 years) in federal prison.
Court documents show that the defendants were arrested after a law enforcement investigation that lasted from 2013 to August of 2014. The investigation included the use of cooperating individuals to purchase oxycodone pills, as well as the use of wiretaps and search warrants. Most of the defendants were arrested on August 27, 2014. Law enforcement officers made the arrests as Raul Hernandez attempted to deliver over 600 oxycodone pills to the residence of Samuel Garcia and Jennifer Nunez on Eastern Avenue in Manchester, New Hampshire. A search warrant was executed at that residence and over 800 additional pills, as well as over $30,000 in cash, and three firearms were recovered from that location. Garcia, Jennifer Nunez, Hernandez, and Johanna Nunez were arrested that day. Another defendant, Jose Nunez was arrested in October of 2014, after returning to the United States from the Dominican Republic.
Court documents showed that this group was responsible for the distribution of tens of thousands of oxycodone pills in the Manchester area over the course of several years. As part of the investigation, law enforcement officers also identified and prosecuted a New York-based source of supply, Manuel Tirado. Wiretap conversations revealed that Tirado arranged to supply some of the pills that Garcia and his associates were selling. On one occasion, Jose Nunez was stopped in Massachusetts while transporting $18,900 in cash that was to be used to pay for oxycodone pills that were being supplied by Tirado.
As a result of this investigation, over $59,000 in cash, four firearms, a substantial quantity of ammunition, and a Honda Accord were all forfeited civilly.
All of the individuals who were involved in this conspiracy have pleaded guilty.
Samuel Garcia pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime. He was sentenced today to serve 188 months in prison, followed by three years of supervised release. He is likely to be deported to the Dominican Republic following his release from prison.
Jennifer Nunez (26) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) Possession of a Controlled Substance with Intent to Distribute; (3) Distribution of a Controlled Substance; and (4) Possession of a Firearm During a Drug Trafficking Crime. On April 11, 2017, she was sentenced to serve 132 months in federal prison, followed by three years of supervised release.
Jose Nunez (61) pleaded guilty on March 6, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; (2) four counts of Distribution of a Controlled Substance; (3) Conspiracy to Launder Monetary Instruments; and (4) Possession of a Firearm During a Drug Trafficking Crime, in violation of 18 U.S.C. § 924(c). On January 31, 2017, he was sentenced to serve eight years in federal prison, followed by three years of supervised release.
Johanna Nunez (30) pleaded guilty on March 24, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance; and (2) four counts of Distribution of a Controlled Substance. On June 23, 2015, she was sentenced to 51 months in prison, followed by three years of supervised release.
Raul Hernandez (29) pleaded guilty on March 17, 2015, to: (1) Conspiracy to Distribute, and Possess with Intent to Distribute, a Controlled Substance and (2) Possession of a Controlled Substance with Intent to Distribute. On June 23, 2015, he was sentenced to 48 months in prison, followed by three years of supervised release.
An additional defendant, Edward Anthony Hiciano Beltre, is a fugitive.
Tirado (34) pleaded guilty to drug conspiracy and failure to appear charges on August 23, 2016. On January 14, 2017, he was sentenced to serve 15 years in prison, followed by three years of supervised release. He is likely to be deported to the Dominican Republic after he is released from prison.
In addition to these defendants, several additional individuals who obtained oxycodone from this organization and resold it to customers have pleaded guilty to charges related to their roles in the scheme. Ryan Demers, William Alba, Bonnie Labrie, Krystal Mailhot, and Yonajaira Galarza Ramos have all entered guilty pleas in federal court.
Demers was sentenced on September 22, 2015, to 57 months in prison, followed by three years of supervised release. That sentence was affirmed on appeal by the United States Court of Appeals for the First Circuit.
Alba was sentenced on June 17, 2016, to 72 months in prison, followed by three years of supervised release.
Labrie was sentenced on March 11, 2016, to 72 months in prison, followed by three years of supervised release.
Ramos was sentenced on March 16, 2017, to three years of probation after successfully completing the federal court’s LASER (Law Abidiing Sober Employed Responsible) Program.
Mailhot is awaiting sentencing.
"The DEA is committed to investigating and bringing to justice those who illicitly distribute oxycodone,” said DEA Special Agent in Charge Michael J. Ferguson. “Opiate abuse is a major problem in New Hampshire and throughout New England. The diversion of prescription pain killers, in this case oxycodone, contributes to the widespread abuse of opiates, is the gateway to heroin and fentanyl addiction, and is devastating our communities. This investigation demonstrates the strength of collaborative law enforcement efforts in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively pursue any group or individual that traffics these drugs.”
Acting U.S. Attorney Farley said, “Many individuals begin their journey to heroin or fentanyl addiction through oxycodone use. While these pills have a legitimate medical use, the illicit distribution of these potentially addictive drugs has played a significant role in damaging our community. The defendants in this case were responsible for the distribution of tens of thousands of pills, feeding the opioid crisis in New Hampshire. This important prosecution was a product of the cooperation of federal, state, and local law enforcement agencies. I especially want to commend the Manchester Police Department and the DEA for their cooperation in this matter. The U.S. Attorney’s office will continue to work with the law enforcement community to stop the flow of these drugs onto the streets of New Hampshire. This includes working aggressively to identify and prosecute those who distribute these dangerous drugs.”
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Manchester Police Department, the New Hampshire State Police, the Massachusetts State Police, and the Hillsborough County Attorney’s Office. The case was prosecuted by Acting United States Attorney John J. Farley and Assistant U.S. Attorney Debra M. Walsh.
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Methuen Man Sentenced to Five Years in Prison for Distributing Heroin and FentanylRead the Press Release
CONCORD, N.H. – John J. Farley, Acting United States Attorney for the District of New Hampshire, announced that Luis Martin Carvajal Gonzalez, also known as Wilfredo Laboy, was sentenced to serve five years in federal prison for distributing fentanyl and heroin, as well as possessing fentanyl with intent to distribute.
Carvajal Gonzalez previously had pleaded guilty to drug trafficking charges. According to court documents, Carvajal Gonazalez, 33, sold heroin and fentanyl to an undercover law enforcement officer on multiple occasions in December of 2015. The transactions occurred at retail stores in Salem, New Hampshire. On February 9, 2016, the defendant (who previously has used the name Wilfredo Laboy) arrived at a store parking lot in Salem to conduct another drug deal. When law enforcement officers approached, he ran away and attempted to throw “fingers” of drugs as he fled. He was apprehended and approximately 156 grams of fentanyl were recovered.
Carvajal Gonzalez, who is originally from the Dominican Republic, was residing in Methuen, Massachusetts at the time of the offenses. He faces likely deportation after he serves his sentence in federal prison.
In announcing the sentence, Acting U.S. Attorney Farley said, “The United States Attorney’s Office remains committed to identifying and prosecuting those who attempt to profit from the sales of deadly drugs. We continue to work with our law enforcement partners each day to stop the flow of fentanyl and heroin into New Hampshire and to reverse the escalating number of drug-related deaths in our state.”
“Opioid abuse is at epidemic levels in the Granite State and those suffering from the disease of fentanyl and heroin addiction need access to treatment and recovery,” said DEA Special Agent in Charge Michael J. Ferguson. “But, those responsible for distributing lethal drugs like fentanyl to the citizens of New Hampshire need to be held accountable for their actions. DEA is committed to aggressively pursue Drug Trafficking Organizations or individuals who are coming from out of state to distribute this poison across New Hampshire in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
This matter was investigated by the Drug Enforcement Administration, with assistance from the New Hampshire State Police, and the Salem, Manchester, and Methuen (Massachusetts) Police Departments. The case was prosecuted by Acting United States Attorney John J. Farley.
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Brattleboro Man Convicted of Possession of Child PornographyRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced today that Jeremiah Pless, 33, of Brattleboro, Vermont, was convicted by a jury after a two-day trial of possessing child pornography. A sentencing hearing is scheduled for July 25, 2017.
The jury was presented with evidence that, in February 2015, the Hinsdale Police Department obtained a search warrant to search a residence at 31 Gateway Drive in Hinsdale, New Hampshire, based on probable cause that the residence was connected to the downloading of child pornography. Chief Todd Faulkner and Commander Tom Grella assembled a team of specially trained officers from the Internet Crimes Against Children Task Force to assist in the search. While at the residence on February 18, 2015, the search team found evidence that Pless possessed child pornography that he had downloaded using the Shareaza file sharing program. A review of the hard drive taken from Pless’ computer later confirmed that the images of child pornography included images of known minor children.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The investigation was led by the Department of Homeland Security, Homeland Security Investigations, and the Hinsdale Police Department. The ICAC Task Force provided invaluable assistance from the Portsmouth Police Department, the Manchester Police Department, the Nashua Police Department, the Hampton Police Department, the New Hampshire State Police and the Vermont Attorney General’s Office.
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Franklin Man Convicted of Producing Child PornographyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that late on Friday (April 7, 2017), a federal jury found Brad Smith, age 33, of Franklin, New Hampshire, guilty of six counts of producing child pornography after a three-day trial.
Evidence presented at trial showed that in January of 2016, law enforcement officers in Lafayette, Louisiana received a tip that an email address associated with the defendant was distributing child pornography. Officers traced the email address to a farm in Breaux Bridge, Louisiana, where the defendant was living at the time. With the defendant’s consent, officers conducted an analysis of a hard drive owned by the defendant and uncovered a series of videos apparently created by the defendant. The investigation determined that the defendant had filmed himself engaging in multiple sexual acts with a three-and-half-year-old child in Loudon, New Hampshire. The defendant saved the videos to a hard drive and took them with him to Louisiana.
Acting United States Attorney Farley commended the jury’s verdict, saying “The evidence in this trial demonstrated that the defendant committed horrific acts upon a defenseless young child. Even more terribly, he filmed these acts in order to create child pornography. The United States Attorney’s Office and our law enforcement partners will work tirelessly to prosecute individuals who steal the innocence of young victims. I commend the performance of the law enforcement officers and prosecutors whose work secured this conviction. I hope that the jury’s verdict provides some comfort to the victim and the victim’s family.”
Sentencing is scheduled for July 18, 2017.
The investigation in this case was led by Homeland Security Investigations in Lafayette, Louisiana and Manchester, New Hampshire, the Louisiana State Police, and the Concord, New Hampshire Police Department with the assistance of the New Hampshire Internet Crimes Against Children Task Force. The case is being prosecuted by Assistant United States Attorneys Seth Aframe and Georgiana Konesky.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Charlestown Woman Pleads Guilty to Social Security, Medicaid, and Food Stamp FraudRead the Press Release
CONCORD, N.H. – Ruth Chandler a/k/a Ruth Patterson, 55, of Charlestown, pleaded guilty in federal court on Friday to one count of Social Security Fraud and two counts of Making False Statements, announced Acting United States Attorney John J. Farley.
According to court documents and statements made in court, Chandler began receiving Social Security disability benefits as of April 2008. She also received Medicaid benefits and Food Stamps, also known as SNAP benefits, beginning in September 2008. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. In assessing a married individual’s eligibility for Social Security disability benefits, Medicaid, and Food Stamps, the income of the applicant’s spouse is considered.
Chandler married in May 2008, but she failed to disclose her marriage to Social Security as required. Instead, she reported that she was divorced and not currently married. When Social Security officials discovered a bank account held jointly by Chandler (in her married name of Patterson) and her husband in September 2014 as part of an eligibility redetermination, Chandler falsely stated that the bank listed her name incorrectly on the account. Similarly, in connection with her claims for Medicaid and Food Stamps, Chandler did not inform the New Hampshire Department of Health and Human Services that she was married, but rather, stated that she lived with her “friend,” to whom she paid rent and contributed to the utility expenses. She submitted statements to the New Hampshire Department of Health and Human Services outlining the payments she made to her “friend,” on which she forged her husband’s signature. Chandler’s husband’s income would have rendered her ineligible to receive any Supplemental Security Income benefits, Medicaid, and Food Stamps in most months, and severely reduced her benefits in other months. As a result of concealing her marriage from the Social Security Administration and from the New Hampshire Department of Health and Human Services, the government estimates that Chandler fraudulently received approximately $51,000 in disability benefits, $40,753.01 in Medicaid, and $11,001 in Food Stamps.
Chandler is scheduled to be sentenced on July 25, 2017.
The case was investigated by the Social Security Administration’s Office of the Inspector General and the New Hampshire Department of Health and Human Services’ Special Investigations Unit. The case is being prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Conway Man Pleads Guilty to Fentanyl TraffickingRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that William Bergeron 26, of Conway, New Hampshire, pleaded guilty in federal court on Thursday, April 6, 2017, to possessing fentanyl with the intent to distribute.
According to court documents and statements made at the plea hearing, on June 13, 2016, Conway Police Officers arrested Bergeron at his residence on an outstanding warrant. During the arrest, the officers found approximately 15 grams of fentanyl in Bergeron’s pockets.
Bergeron is scheduled for sentencing on July 25, 2017.
This matter was investigated by the Conway Police Department and is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Manchester Man Pleads Guilty to Attempting to Rob A Convenience Store and Bank RobberyRead the Press Release
CONCORD, N.H. - Acting United States Attorney John J. Farley announced that Jonathan Faucher (39) of Manchester, New Hampshire, pleaded guilty on Tuesday to attempting to rob a convenience store and a robbing a bank in Manchester.
According court records and statements made in court, shortly after midnight on September 28, 2016, Faucher entered a 7-Eleven store on Maple Street in Manchester, New Hampshire, asked for a pack of cigarettes, then brandished a box cutter with a razor blade and told the clerk to “give me all the money if you don’t want to get hurt.” The clerk behind the counter responded by brandishing a pizza cutter at Faucher, who fled the area.
A few days later, on October 3, 2016, Faucher robbed a TD Bank branch on Franklin Street, in Manchester, New Hampshire. Faucher handed a note to a bank teller claiming that he had a gun and demanding money. The bank teller handed over $600 and Faucher fled the bank on foot. Manchester Police responding to the robbery apprehended him just a few blocks from the scene of the crime.
A sentencing hearing is scheduled for July 19, 2017.
The case was investigated by the Manchester Police Department, with assistance from the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Lawrence, Massachusetts Man Sentenced to 57 Months in Federal Prison for Conspiring to Distribute Multiple Kilograms of HeroinRead the Press Release
CONCORD, NEW HAMPSHIRE –Acting United States Attorney John J. Farley announced today that Felix Portes, age 57, of Lawrence, Massachusetts was sentenced to serve 57 months in federal prison for conspiracy to distribute heroin.
Court documents and statements in court showed that after a lengthy investigation, law enforcement officers arrested Portes and Jonathan Cruz-Marte on March 12, 2015, after they arrived at the Rockingham Mall in Salem to sell approximately two kilograms of heroin to an individual assisting in the investigation. The investigation determined that Portes and Cruz Marte were part of a larger Lawrence-based drug trafficking organization that, over the course of several years, supplied Keene-based drug traffickers with large quantities of heroin for redistribution in and around the Keene area.
Portes previously pleaded guilty on January 15, 2016. Cruz Marte pleaded guilty on November 23, 2016, and is scheduled to be sentenced on April 11, 2017.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the heroin and fentanyl epidemic in New Hampshire by continuing to target the drug trafficking organizations that are responsible for bringing large quantities of these deadly drugs into New Hampshire. I commend the cooperative efforts that led to this significant prosecution,” said Acting United States Attorney John J. Farley.
After serving his 57-month prison sentence, Portes will be on supervised release for a period of three years.
The investigation was conducted by the following agencies: (1) Immigration and Customs Enforcement, Homeland Security Investigations; (2) New Hampshire Attorney General’s Drug Task Force; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; (6) Richmond, New Hampshire Police Department; and (7) Salem, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis prosecuted the case.
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Inmate at FCI-Berlin Sentenced for Possessing WeaponRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that Jean Morales-Rivera was sentenced to 12 months and one day in federal prison after pleading guilty to possessing a prohibited object while an inmate at FCI-Berlin. The object was a homemade weapon, commonly referred to as a “shank,” made out of plastic sharpened to a point at one end with gauze wrapped around one the other end to serve as a handle or grip.
According to the facts set forth in the plea agreement and statements made at the sentencing hearing, Morales-Rivera removed an article from his waist band and threw it in a trash receptacle at the prison. A correctional officer saw Morales-Rivera throw the object into the receptacle and retrieved the weapon.
Morales-Rivera is presently serving a 93-month sentence for carjacking and using a firearm during a crime of violence. The sentence imposed by the court today is consecutive to the sentence Morales-Rivera is now serving.
The case was investigated by the staff at the Federal Bureau of Prisons at FCI-Berlin. The case was prosecuted by Assistant U.S. Attorney Donald Feith.
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Former Physician Assistant Charged in Healthcare Kickback SchemeRead the Press Release
Concord, N.H.—Acting United States Attorney John J. Farley announced that Christopher Clough, 43, of Dover, New Hampshire, was arrested today on charges that he received kickbacks in exchange for prescribing a powerful fentanyl spray to patients in violation of federal law.
According to the indictment, Clough worked as a physician assistant in New Hampshire. He was a frequent prescriber of a fentanyl spray that had been approved by the Food and Drug Administration (FDA) to treat breakthrough cancer pain. From approximately mid-2013 through Fall 2014, Clough wrote more than 700 prescriptions for the fentanyl spray in New Hampshire, including more than 200 prescriptions for Medicare patients. During that time, the manufacturer of the drug paid Clough purportedly to serve as a speaker at more than 40 programs at a rate of approximately $1,000 per event. In many instances, the programs were merely sham events where Clough was paid to have dinner with employees or representatives of the pharmaceutical company. In other instances, the programs were attended by individuals, including colleagues and friends, who were not authorized to prescribe controlled substances. For the majority of these dinner programs, the indictment alleges that Clough did not give any kind of presentation about the drug at all. Clough and others often forged signatures of attendees on sign-in sheets in an effort to make the dinners appear to be legitimate. The indictment alleges that the speaking program payments existed primarily to reward Clough for writing substantial numbers of prescriptions and to create an incentive for him both to issue new prescriptions and to increase dosages on existing prescriptions. From August 2013 until October 2014, Clough was paid more than $41,000 by the drug manufacturer.
Clough was charged with conspiracy and the receipt of kickbacks in relation to a federal healthcare program. Each charge carries a maximum term of imprisonment of five years and a fine of up to $250,000. Clough will appear before United States Magistrate Judge Andrea K. Johnstone today at 3:45 p.m..
Farley stressed that an indictment is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt. Commenting on the indictment, said, “When health care providers make prescribing decisions based upon financial incentives rather than the best interests of the patient, it has the potential to put patients at risk. I commend the hard work of the law enforcement agents who have investigated this matter and look forward to proving this case in court.”
"As alleged, Dr. Clough was the top prescriber of a powerful fentanyl spray in the state of New Hampshire,” said Harold H. Shaw, Special Agent in Charge, FBI Boston Division. “He is alleged to have received kickbacks for issuing those prescriptions. The FBI will continue to attack the opioid epidemic from all angles, including rooting out individuals who place profit before patient safety."
“We take all allegations of kickbacks extremely seriously,” said Special Agent in Charge Phillip Coyne of the U.S. Department of Health and Human Services, Office of the Inspector General. “Working closely with our law enforcement partners, we will continue to protect the health of Medicare beneficiaries and the integrity of the nation’s healthcare system.”
This matter is being jointly investigated by the U.S. Department of Health and Human Services Office of the Inspector General, the Federal Bureau of Investigation, and the Drug Enforcement Administration’s Diversion Control Division. The case is being prosecuted by Assistant U.S. Attorneys Charles L. Rombeau and Seth R. Aframe.
Charges set forth in an indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
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Former New Hampshire Resident Pleads Guilty to Failure to Register as A Sex OffenderRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced today that William Soltan, 34, of Suffolk County, New York, pleaded guilty to one count of failing to register as a sex offender as required by the federal Sexual Offender Registration and Notification Act (SORNA).
According to documents that were filed and statements made in court, Soltan left New Hampshire sometime after July 2014 for a temporary visit to New York. At the time he left, Soltan was obligated to return to New Hampshire not later than December 30, 2014. Soltan did not return to New Hampshire, did not register in New Hampshire in 2015, and did not register in New York in 2015. Under SORNA, a person who is required to register must register in each jurisdiction where he resides, is employed or is going to school. SORNA gives an individual three days in which to register.
A sentencing hearing is scheduled for 10 a.m. on June 28, 2017.
The case was investigated by the United States Marshals Service with the assistance of the Manchester Police Department and the Suffolk County, New York, Police Department. The case is being prosecuted by Assistant United States Attorney Donald Feith.
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Lawrence, Massachusetts Man Sentenced to 87 Months in Prison for Conspiring to Distribute FentanylRead the Press Release
CONCORD, N.H.: Elgid Guzman, 46, of Lawrence, Massachusetts was sentenced today to serve 87 months in federal prison for conspiring to distribute fentanyl, announced Acting United States Attorney John J. Farley.
According to court documents and statements in court, Guzman conspired to distribute in excess of 4 kilograms of fentanyl. Between May and August of 2016, Guzman made five sales of fentanyl to an individual who was cooperating with law enforcement officers. Following the sales, a search warrant was executed at Guzman’s Lawrence residence. Approximately $113,100 in cash was found hidden in a wall of the apartment.
Guzman, who previously pleaded guilty to the charge, will be placed on supervised release for five years following his release from prison. He also was ordered to forfeit the $113,100 in drug proceeds that had been seized from his residence.
“Fentanyl has been the cause of the majority of overdose deaths in New Hampshire. Thanks to the cooperation of the Drug Enforcement Administration and our local partners, law enforcement officers were able to prevent a large quantity of this potentially deadly drug from being sold on the street. I particularly want to commend the Manchester Police Department and the DEA for their excellent work in stopping this very significant drug trafficking operation,” said Acting United States Attorney Farley.
“The state of New Hampshire is faced with a fentanyl and heroin crisis unlike ever before,” said Special Agent in Charge Michael J. Ferguson. “Those suffering from a fentanyl and heroin substance use disorder need treatment and recovery, but those who are coming from out of state to distribute and profit from spreading this misery need to be held accountable. This investigation demonstrates the strength of collaborative law enforcement in New Hampshire and our strong partnership with the U.S. Attorney’s Office to aggressively seek and bring to justice anyone who distributes these drugs.”
This matter was jointly investigated by the United States Drug Enforcement Administration, the Manchester, New Hampshire Police Department, and the Lawrence, Massachusetts Police Department. The case was prosecuted by Assistant U.S. Attorney Seth R. Aframe.
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Manchester Man Sentenced to 83 Months in Prison on Federal Firearms ChargesRead the Press Release
Concord, New Hampshire—Acting United States Attorney John J. Farley announced that Marcos Nieves, 40, previously of Manchester, New Hampshire, was sentenced on Friday to serve 83 months in prison for the illegal possession of firearms and ammunition.
According to court documents and statements made in court, members of the Manchester Police Department obtained a search warrant for the defendant’s Manchester residence in connection with an investigation into a non-fatal shooting on August 8, 2015. While executing the search warrant, officers recovered two stolen AK-47 style weapons, several firearm magazine clips, ammunition, drugs, drug dealing paraphernalia, and personal documents identifying Nieves in a bedroom closet. At the time, Nieves was prohibited from possessing any firearm as a result of at least one prior felony conviction.
Nieves was indicted on these federal firearms charges in April 2016 and he pleaded guilty in December 2016.
Nieves also pleaded guilty to narcotics charges in Hillsborough County in connection with the drugs recovered during the execution of the search warrant. He is serving a sentence of two to four years in New Hampshire State Prison. The Court’s sentence on federal charges will run concurrent with entirety the state sentence. Following his release from federal prison, will be subject to a period of supervised release of three years.
Commenting on the sentence, Acting United States Attorney Farley said, “Working with our state, local, and federal law enforcement partners, the United States Attorney’s Office is committed to prosecuting those who possess firearms unlawfully or use firearms to commit crimes. Individuals who commit crimes involving guns should be aware that they will face substantial penalties for their actions.”
This matter is being jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Wolfeboro Man Pleads Guilty to Committing Two Rochester Bank RobberiesRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Jake Chiaradonna, of Wolfeboro, New Hampshire, pleaded guilty on Thursday to committing two bank robberies in Rochester, New Hampshire.
According court records and statements made in court, on October 5, 2016, Chiaradonna entered the Citizens Bank on Milton Road in Rochester, New Hampshire, and handed the teller a note claiming that he had a gun and demanding money. The teller gave Chiaradonna money from the register and Chiaradonna fled the bank. Six days later, on October 11, 2016, Chiaradonna committed a similar robbery at the TD bank on Old Dover Road in Rochester, New Hampshire, handing the teller a note stating “give me your 20’s, 50’s, 100’s I have a gun.”
Police circulated bank surveillance images to the public, and in response, several individuals contacted law enforcement to identify Chiaradonna as the robber. Police and Deputy U.S. Marshals subsequently located and arrested Chiaradonna at a Wolfeboro area motel.
A sentencing hearing is scheduled for June 26, 2017.
The case was investigated by the Rochester Police Department and the Wolfeboro Police Department, with assistance from the U.S. Marshals Service and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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Manchester Man Pleads Guilty to Possessing FirearmsRead the Press Release
Concord, N.H.— Acting United States Attorney John J. Farley announced that Micky Garst, Jr., 26, previously of Manchester, New Hampshire, pleaded guilty to a federal indictment charging him with the illegal possession of two firearms.
According to the indictment, statements made in court, and other public records in the case, on the morning of August 19, 2015, Manchester Police investigating a reported fight outside a pizza parlor encountered a large crowd, including the defendant and a female companion. After investigating the source of the conflict, officers asked to search the companion’s vehicle, and she consented. Located in the trunk was a Colt .45 handgun that had been reported stolen from a home in Manchester four days earlier. Blood samples from the scene of the theft were later confirmed by the state crime lab as a match with Garst. Later, in February 2016, Garst took a Ruger firearm from the home of an acquaintance. The firearm was recovered after Garst stashed it in the dumpster of a nearby convenience store. Garst is prohibited from possessing firearms under federal law as a result of a prior felony conviction.
A sentencing hearing has been scheduled for June 29, 2017.
This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department, with assistance from the New Hampshire State Police Forensic Laboratory. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Manchester Man Pleads Guilty to Drug Conspiracy Charge Resulting from Substantial Methamphetamine SeizureRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Rigoberto Ramirez-Aldava (40), formerly of Manchester, New Hampshire, pleaded guilty to conspiracy to possess with the intent to distribute and to distribute 50 grams or more of methamphetamine.
According to court documents and statements in the court proceeding, Ramirez-Aldava, a citizen of Mexico, operated El Patron Sports Bar and Grill, LLC, located on Wilson Street in Manchester, New Hampshire. In June, 2016, the United States Drug Enforcement Administration (“DEA”) received information that Ramirez-Aldava was in possession of multiple kilograms of methamphetamine. On June 21, 2016, an undercover DEA Task Force Officer met with Ramirez-Aldava at a location in Manchester, where Ramirez-Aldava provided the undercover officer with a sample of approximately 29 grams of methamphetamine. On June 29, 2016, the undercover officer met with Ramirez-Aldava at the same location in Manchester and purchased approximately 359 grams of methamphetamine for $8,000. On July 11, 2016, Ramirez- Aldava was arrested as he travelled to a pre-arranged location in Manchester where he intended to sell the undercover officer approximately ten pounds of methamphetamine for $85,000. Approximately 4.5 kilograms were recovered from Ramirez-Aldava’s vehicle at the time of his arrest.
As part of the investigation, DEA agents search of El Patron Sports Bar and Grill resulted in the seizure of approximately 1.7 kilograms of methamphetamine. A large quantity of cash also was seized during a search of his apartment.
Ramirez-Aldava is scheduled to be sentenced on June 22, 2017.
“This record-setting seizure of methamphetamine in New Hampshire demonstrates DEA’s commitment to disrupt and dismantle Mexican drug trafficking organizations who have become the primary manufacturers and distributors of methamphetamine to cities throughout the United States.” said DEA Special Agent in Charge Michael J. Ferguson
“Amid the opioid crisis, drug traffickers also continue their efforts to distribute other deadly substances in New Hampshire. This case is another example of the teamwork among the law enforcement agencies in New Hampshire that are working each and every day to protect the community. Thanks to quick and decisive investigative work, a very large quantity of methamphetamine has been removed from the streets before it could cause further harm.” said Acting United States Attorney John J. Farley.
This case was investigated by the Drug Enforcement Administration with assistance from the Manchester and Nashua Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Kingston Man Pleads Guilty to Distributing FentanylRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Kenneth Chapman (62), formerly of Kingston, New Hampshire, pleaded guilty to unlawful distribution of fentanyl.
According to documents that were filed in United States District Court and statements in the court proceeding, on June 12, 2016, Chapman sold a quantity of fentanyl to “M.W.”, a 31-year old male from Atkinson, New Hampshire. Because of a 911 call the following morning, emergency personnel responded to a residence in Atkinson, where they found M.W. dead from a suspected drug overdose. In the immediate vicinity of the body, law enforcement officers found a tied-off plastic bag that contained a white powdery substance that was determined to be fentanyl. An autopsy determined M.S.’ death was caused by acute fentanyl intoxication.
Chapman is scheduled to be sentenced on June 28, 2017. The plea agreement contains a binding stipulation that the parties agree to recommend to the Court that Chapman be sentenced within a range of ninety-six (96) months to one hundred and forty-four (144) months of imprisonment; however, the Court deferred acceptance of the stipulation until the time of sentencing.
“Opioid abuse is at epidemic levels in New Hampshire,” said Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State, and DEA is committed to aggressively pursue anyone who distributes this poison in order to profit and destroy people’s lives. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners.”
Acting United States Attorney John J. Farley said, “Fentanyl continues to be the cause of far too many deaths in the Granite State. The aggressive investigation and prosecution of individuals engaged in fentanyl trafficking in New Hampshire remains a top priority of the United States Attorney’s Office and our law enforcement partners at the local, state. and federal level. While we support access to treatment for those who suffer from addiction, those who distribute these deadly drugs need to be held accountable for the substantial damage they are causing in our community.”
This case was investigated by Drug Enforcement Administration with assistance from Kingston and Atkinson Police Departments. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Manchester Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, N.H. – Acting United States Attorney John J. Farley announced that Brian Christoffels, 35, of Manchester, New Hampshire, pleaded guilty in federal court on Monday to one count of bank robbery.
According court records and statements made in court, Christoffels robbed the TD Bank at 293 S. Main Street in Manchester, New Hampshire, on October 10, 2016. Christoffels entered the bank, handed a bank teller a note demanding cash, then fled the area in his truck. Manchester Police pursued Christoffels and eventually arrested him at an off-ramp from Interstate 93.
A sentencing hearing is scheduled for June 27, 2017.
The case was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Shane Kelbley.
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United States Attorney Emily Gray Rice Submits Her ResignationRead the Press Release
CONCORD, N.H.: New Hampshire’s United States Attorney Emily Gray Rice has announced her resignation, effective March 10, 2017. Ms. Rice was appointed as United States Attorney by President Barack Obama on the recommendation of Senator Jeanne Shaheen and with the support of Senator Kelly Ayotte, and unanimously confirmed by the United States Senate. Since January, 2016, she has served as the chief federal law enforcement officer for the District of New Hampshire, and has led an office of over 40 employees dedicated to enforcing all federal criminal and civil laws in the state.
In announcing her departure, Ms. Rice said, “I am deeply honored to have served the people of New Hampshire as United States Attorney, and I am grateful for the trust placed in me by President Obama and our law enforcement and community partners.” Ms. Rice praised her colleagues at the United States Attorney’s Office and commended their dedication to public service:
The members of this office are highly-experienced public servants who represent the interests of the United States with the utmost dedication and integrity. Working with my colleagues has been the greatest experience of my professional life, and I know that this will remain true no matter what I may do in the future.
Ms. Rice also thanked federal, state and local law enforcement for their hard work and partnership in fighting crime in New Hampshire: "During my tenure as United States Attorney, New Hampshire faced unprecedented challenges to public health and safety, including the flood of illicit opioids into our state. I want to extend my profound gratitude to our federal partners, the New Hampshire Attorney General's Office, the New Hampshire State Police, the New Hampshire Association of Chiefs of Police, and the local police departments across New Hampshire, for their unfailing dedication to working with my office to improve the quality of life for all who live here."
Ms. Rice expressed her gratitude to all of the community partners working to bring resources and assistance to the public: "I also want to recognize the tremendous work done by community partners in New Hampshire who serve vulnerable populations, and who work to combat addiction, human trafficking and violent crime and to support the victims of crime. Their energy and commitment are a consistent source of inspiration to me and my colleagues."
In closing, Ms. Rice recognized and thanked First Assistant United States Attorney John J. Farley, who will serve as Acting United States Attorney pursuant to the Vacancies Reform Act until a new presidentially-appointed United States Attorney takes office. “John has dedicated his entire legal career to public service and will lead the United States Attorney’s Office for the District of New Hampshire with distinction. He is a superb lawyer, a talented manager and a deeply-respected colleague who meets the highest standards of excellence. He has been an indispensable partner in leading this office, and the public can be confident that he will seamlessly continue the work of the Department of Justice.”
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Manchester Man Sentenced to 72 Months in Prison for Robbing Credit UnionRead the Press Release
Concord, N.H.– Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Derek Potocki, 32, previously of Manchester, New Hampshire, was sentenced yesterday to 72 months in prison for his role in the robbery of a credit union in March 2015.
According to court documents and statements made in court, Potocki pressured Melissa Bourcher, 28, previously of Manchester, to rob a bank for him. Potocki selected the target and provided Boucher with instructions, including how to dress and disguise her appearance. The two proceeded to the Members First Credit Union on Bridge Street in Manchester on the morning of March 3, 2015. Boucher, who was unarmed at the time, did as she had been instructed, entering the bank alone, passing a note to the teller, and obtaining approximately $6,250. After she fled with the cash, Potocki and Boucher divided the proceeds. Boucher then used a portion of the proceeds to purchase heroin and overdosed. When paramedics were able to resuscitate her, large amounts of cash fell out of her clothing. She was arrested. Potocki took his portion of the funds and fled the area. He was arrested in Massachusetts on March 12, 2015 and has remained in custody on unrelated charges since that date.
Potocki sentence followed his earlier guilty plea. After serving his prison sentence, Potocki will spend three years on supervised release. He also was ordered to pay restitution to the credit union.
Boucher previously pleaded guilty to her role in the robbery and was sentenced to 41 months’ imprisonment.
This matter was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Charles L. Rombeau.
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Swanzey Man Pleads Guilty to Possessing Child PornographyRead the Press Release
CONCORD, N.H. – Dale Edson, 30, of Swanzey, New Hampshire, pleaded guilty in federal court to possessing images of child pornography, announced U.S. Attorney Emily Gray Rice.
According to documents on file and statements in court, law enforcement officers received information in July 2015 that potential child pornography images had been uploaded to a cloud storage service from a phone number associated with Edson. After establishing that the phone number was used by Edson, law enforcement obtained a search warrant for Edson’s residence. On September 9, 2015, the police executed the warrant and, based on a preliminary forensic review conducted at the residence, seized three computers and other devices. A forensic examination of two laptop computers established that images of child pornography were found on each computer. An examination of a tablet used by Edson established that images of child pornography were found on the tablet.
A sentencing hearing has been scheduled for June 19, 2017.
The case was investigated by the Hinsdale Police Department and the Department of Homeland Security, Homeland Security Investigations, with assistance from the Swanzey Police Department, the Bedford Police Department, the Nashua Police Department, the Portsmouth Police Department, the Rochester Police Department, and the Interstate Crimes Against Children Task Force. case is being prosecuted by Assistant United States Attorney Donald Feith.
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Manchester Man Pleads Guilty to Trafficking Cocaine in NashuaRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Luis D. Capo-Nieves pleaded guilty on March 1, 2017, to a federal charge of possessing cocaine with the intent to distribute. Capo-Nieves is 33 years old and lives in Manchester.
According to court documents and statements made during Capo-Nieves’s plea hearing, on July 1, 2016, the Nashua Police Department dispatched several officers to the parking lot of a city apartment complex. The officers were dispatched in response to a citizen complaint about drug dealing activity at that location. In the parking lot, the police observed Capo-Nieves and another individual make an exchange. A car Capo-Nieves was driving was the subject of a later police traffic stop. While searching the car after the stop, the police found about 279 grams of cocaine.
Capo-Nieves is scheduled for sentencing on June 12, 2017. Wilfredo Tanon Rodriguez, the person with whom Capo-Nieves was seen making the parking lot exchange, recently pleaded guilty to a related charge. He will be sentenced on June 2, 2017.
This matter was investigated by the Nashua Police Department. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Three Plead Guilty to Firearm Straw PurchasingRead the Press Release
Concord, N.H.—Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Matthew Bergeron, 30, of Fitchburg, Massachusetts, Rashawn Dunn, 30, of Manchester, New Hampshire, and Jessica Fithian, 33, of Manchester, New Hampshire, have all pleaded guilty this week to conspiracy charges arising out of the straw purchase of firearms in 2016.
According to the indictment, statements made in court, and other public records in the case, Bergeron and Dunn conspired to have Dunn purchase two firearms on Bergeron’s behalf in June and July 2016 from Riley’s Sport Shop, a federally licensed firearms dealer in Hooksett, New Hampshire. Bergeron conspired with Fithian to have her purchase one firearm on his behalf in July 2016, also at Riley’s. In connection with each firearm purchase, Dunn and Fithian were required to complete an ATF Form 4473 where they falsely stated that they were purchasing the firearms for themselves, rather than for Bergeron. Bergeron also had each co-defendant purchase ammunition and extended clip magazines on his behalf. Shortly after Dunn and Fithian left the store, they provided the firearms, magazines and ammunition to Bergeron. At the time, Bergeron was a previously convicted felon and a resident of Massachusetts, and could not legally purchase firearms for himself in New Hampshire. A federal indictment was returned by a grand jury sitting in Concord on November 2, 2016.
Dunn and Fithian each pleaded guilty to one count of conspiracy in violation of 18 U.S.C. § 371, and Bergeron pleaded guilty to two counts of the same. Separate sentencing hearings for each defendant have been scheduled for June 2017, in front of Chief U.S. District Judge Joseph LaPlante. At that time, each defendant will face a maximum term of imprisonment of 5 years for each count of conviction. Their actual sentences will be determined by the court following completion of a presentence investigation report.
This matter is being jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Manchester Police Department. The case is part of ATF’s Project Safe Neighborhoods initiative, which is a federally-funded program intended to reduce gun violence through law enforcement training, public education, and aggressive law enforcement efforts to investigate and prosecute gun-related crimes. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Rochester Man Pleads Guilty to Bank Robbery and Criminal ThreateningRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Eric Rouleau, 37, of Rochester, pled guilty to robbing the Northeast Credit Union in Rochester. Rouleau also pled guilty to mailing a threatening communication to another.
According court records and statements in court, on April 22, 2016, Rouleau, who was identified through surveillance video, entered the Northeast Credit Union and produced a note which demanded, “Money Now and No One Gets Hurt.” The teller gave Rouleau the money in her drawer and Rouleau fled the bank. He later was arrested at a residence in Rochester. After his arrest, Rouleau sent a letter containing death threats to another individual.
Rouleau will be sentenced on June 13, 2017.
This case was investigated by the Rochester Police Department and the Strafford County Sheriff’s Office, with assistant from the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Helen White Fitzgibbon.
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