District of New Hampshire
Press releases recorded for this federal judicial district.
Two Massachusetts Men Sentenced for Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. – Israel Garcia, 56, of Lawrence, Massachusetts and Maximo Brito-Tejeda, 36, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, were sentenced in United States District Court for the District of New Hampshire after pleading guilty to five counts of distribution of fentanyl and one count of conspiracy to distribute fentanyl, announced United States Attorney Emily Gray Rice. United States District Judge Paul J. Barbadoro sentenced Garcia to 78 months in federal prison followed by a term of supervised release of four years and Brito-Tejeda to 88 months in federal prison followed by a term of supervised release of four years.
According to court documents, during a law enforcement investigation, officers received information from a cooperating source indicating that Garcia and an individual later identified as Brito-Tejeda were actively involved in the distribution of drugs in and around the Massachusetts and Southern New Hampshire areas. As part of the investigation, law enforcement officers used the cooperating individual and an undercover officer to make controlled purchases of fentanyl from Garcia and Brito-Tejeda on five occasions in August and September, 2015. On each occasion, Garcia and Brito-Tejeda met the cooperating individual and/or the undercover officer and sold them approximately ten grams of fentanyl.
On September 25, 2015, officers approached Garcia and Brito-Tejeda in an attempt to arrest them. Garcia fled but was apprehended within seconds and Brito-Tejeda locked himself in his car, emptied bags containing fentanyl onto the floor mat, and poured his drink over the drugs. He also attempted to swallow plastic bags containing additional quantities of fentanyl. That same day, the Drug Enforcement Administration executed a search warrant at the residence occupied by Brito-Tejeda where Garcia and Brito-Tejeda stored and packaged drugs. A scale, packaging materials, and an additional quantity of fentanyl were recovered at this residence.
“Prosecuting those individuals who illegally introduce narcotic drugs into our communities is a priority of my office,” stated United States Attorney Emily Gray Rice. “Fentanyl, in particular, is an incredibly dangerous substance responsible for many overdose deaths in New Hampshire. We will continue to work tirelessly to prosecute those who seek to profit from the sale of this dangerous drug.”
“Opiate abuse is at epidemic levels in New Hampshire and throughout New England,” said DEA Special Agent in Charge Michael J. Ferguson. “Fentanyl is causing overdose deaths across the Granite State, and DEA is committed to aggressively pursue trafficking organizations or individuals who are coming from out of state to distribute fentanyl to areas of New Hampshire in order to profit and destroy people’s lives, and wreak havoc in our communities. This investigation demonstrates the strength and continued commitment of our local, state and federal law enforcement partners."
According to statistics maintained by the State of New Hampshire, over half of the drug overdose deaths in New Hampshire in 2015 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated many individual doses of fentanyl, each of which had the potential to cause a fatal overdose.
The case was investigated by the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Seth Aframe and Georgiana L. Konesky.
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Mexican Man Pleads Guilty to Illegally Reentering the United States After Having Been Previously DeportedRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Angel Mata, of Mexico, has pleaded guilty to illegally reentering the United States after having been deported previously.
Mata pleaded guilty before United States District Court Judge Paul Barbadoro to an indictment that had been returned by a federal grand jury on June 15, 2016.
According to court filings and statements in Court, a Deportation Officer developed information indicating that Angel Mata, a Mexican national, was present in the United States after having been deported on two previous occasions. On June 15, 2016, Deportation Officers approached the defendant who confirmed that his name was Angel Mata and that he was illegally present in the United States without any immigration documents. His identity later was confirmed through fingerprint information.
Mata will be sentenced at 10:00 AM on November 28, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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Manchester Man Pleads Guilty to Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. – Zakee Stuart-Holt, 34, of Manchester, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with one count of conspiracy to distribute heroin and fentanyl and one count of money laundering, announced United States Attorney Emily Gray Rice.
According to court documents, the defendant distributed drugs in the Manchester, New Hampshire area since at least July of 2014. Pursuant to a search warrant, law enforcement recovered approximately 1.8 kilograms of fentanyl and $198,000 in drug proceeds from an apartment occupied by the defendant and another individual. In addition, law enforcement seized approximately $560,000 in drug proceeds from a safe deposit box in the defendant’s name. The defendant was not employed at the time of the conspiracy and the currency recovered by law enforcement constituted proceeds of the defendant’s drug distribution conspiracy.
Stuart-Holt’s plea agreement includes a binding stipulated sentence of 210 months’ incarceration. It also provides for the forfeiture of any property constituting or derived from the conspiracy. A sentencing hearing has been scheduled for 10 a.m. on November 29, 2016, in front of United States District Judge Landya B. McCafferty. At that time, the Court will decide whether to accept the plea agreement and impose the agreed-upon period of incarceration, as well as any other conditions of Stuart-Holt’s sentence.
“I commend the Manchester Police Department and the DEA on their thorough investigation of this case leading to the seizure of such a significant quantity of drugs and drug proceeds,” stated United States Attorney Emily Gray Rice. “Prosecuting those individuals who introduce dangerous narcotics into our community, and ensuring that they do not profit from doing so, is a critical priority of my office.”
“Those suffering from the disease of 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 heroin and fentanyl to the citizens of New Hampshire need to be held accountable for their actions. In response to the ongoing opioid epidemic, DEA and its local, state and federal partners are committed to bringing to justice those that distribute this poison.”
According to statistics maintained by the State of New Hampshire, over half of the drug overdose deaths in New Hampshire in 2015 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.
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 case was investigated by the Manchester Police Department, the Massachusetts State Police, and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Donald Feith.
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Salem Man Sentenced to 2 Years of Probation for Making False Statement to A Federal AgencyRead the Press Release
CONCORD, NEW HAMPSHIRE: United States Attorney Emily Gray Rice announced that Steven A. Petrillo, 46, of Salem, New Hampshire, was sentenced to 2 years of probation after a jury found him guilty of making a material false statement to the Department of Veterans’ Affairs.
Petrillo was indicted on February 10, 2016, by a federal grand jury in Concord, New Hampshire. The indictment charged him with providing a false statement to the Department of Veterans’ Affairs in connection with seeking a position as a pharmacist at the VA Medical Center in Manchester, New Hampshire. In his application, Petrillo certified that he had never been discharged from any former employment. During a jury trial in May of 2016, testimony from several witnesses established that Petrillo had been terminated from two prior pharmacist positions.
Petrillo was sentenced by Chief Judge Joseph Laplante of the United States District Court for the District of New Hampshire.
This case was investigated by the Department of Veterans’ Affairs and the Drug Enforcement Administration. Assistant United States Attorney Helen White Fitzgibbon prosecuted the case on behalf of the United States.
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Honduran Man Pleads Guilty to Illegally Reentering the United States After Having Been Previously DeportedRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Salvador Lopez-Hernandez, of Honduras, has pleaded guilty to reentering the United States after having been deported previously.
Lopez-Hernandez pleaded guilty before United States District Judge Landya B. McCafferty to an indictment that had been returned by a federal grand jury on July 13, 2016.
According to court filings and statements in Court, a Deportation Officer developed information indicating that Salvador Lopez-Hernandez, a Honduran national, was present in the United States after having been deported on a previous occasion. On June 15, 2016, Deportation Officers approached the defendant who confirmed that his name was Salvador Lopez-Hernandez and that he was illegally present in the United States without any immigration documents. His identity later was confirmed through fingerprint information.
Lopez-Hernandez will be sentenced at 10:00 AM on November 22, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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Manchester Man Sentenced to 20 Years After Being Convicted on Continuing Criminal Enterprise Drug ChargesRead the Press Release
CONCORD, New Hampshire – United States Attorney, Emily Gray Rice announced that Alkis Nakos, 37, of Manchester was sentenced to 20 years in federal prison after a jury convicted him on drug conspiracy and continuing criminal enterprise charges last August. The sentence was the statutory mandatory minimum applicable to Nakos.
According to documents that were filed in United States District Court, Nakos served as the New Hampshire leader of an international drug distribution network that brought high grade marijuana from Canada for distribution in the United States. In addition to smuggling cash back to Canada, the organization used proceeds from the sale of marijuana to purchase large quantities of cocaine that were then shipped into Canada. In August 2015, a jury found Nakos guilty of conspiring to distribute more than one thousand kilograms of marijuana during the period from 2008 through 2014. They also found Nakos guilty of engaging in a continuing criminal enterprise during the same period.
Evidence obtained in the investigation established that Nakos used the proceeds from the sale of marijuana to fund the purchase of luxury cars and jewelry, to fund structural improvements to his home, and that he spent more than $658,000 in gambling at Foxwoods Resort and Casino.
The United States requested that the jury’s verdict on the count two conspiracy charge be vacated to avoid a constitutional issue under the Double Jeopardy Clause. The court granted the government’s request and sentenced Nakos on the continuing criminal enterprise charge.
The case was investigated by the New Hampshire State Police, the Drug Enforcement Administration and the Manchester Police Department.
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Manchester Man Pleads Guilty to Role in Credit Union RobberyRead the Press Release
CONCORD, N.H.– Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Derek Potocki, 31, previously of Manchester, New Hampshire, pleaded guilty before Senior United States District Judge Steven J. McAuliffe to an Indictment charging him with one count of aiding and abetting bank robbery in violation of Title 18, United States Code, Sections 2113(a) and 2.
According to court documents and statements made in court, in March 2015 Potocki pressured Melissa Boucher, 27, previously of Manchester, to rob a bank for him. Potocki selected the bank and provided Boucher with instructions including how to dress and disguise her appearance. The two proceeded to the Member’s First Credit Union at 44 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 the note to the teller, and making out with a sum of cash. She then fled with the cash, and the proceeds were divided between her and Potocki. Boucher then utilized a portion of the proceeds to purchase heroin, on which she overdosed. When paramedics were able to resuscitate her, large amounts of cash fell out of her clothing. She was arrested and has remained in custody on a New Hampshire state parole violation since that date. Potocki took his portion of the funds and fled the area.
Boucher previously pleaded guilty to her role in the robbery and is scheduled for sentencing on September 9, 2016 in front of U.S. District Judge Landya McCafferty.
Potocki’s plea agreement includes a binding stipulated sentence of 72 months’ incarceration. A sentencing hearing has been scheduled for November 22, 2016, in front of Judge McAuliffe. At that time, the Court will decide whether to accept the plea agreement and impose the agreed-upon period of incarceration, as well as any other conditions of Potocki’s sentence. Potocki also faces a mandatory restitution order to the Member’s First Credit Union.
This matter is being investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Charles L. Rombeau.
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Bay State Convict Pleads Guilty to Illegal Possession of Self-Built Guns He Brought to New HampshireRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Raymond L. Blackmer, III, pleaded guilty in federal court to illegally possessing guns that he assembled from component parts in Massachusetts and then brought to New Hampshire. Blackmer pleaded guilty to one count of the federal crime of Illegal Possession of a Firearm by a Convicted Felon. Blackmer is 51 years old, and, before his arrest in this case, he lived in Easthampton, Massachusetts.
According to statements made during today’s hearing, the Easthampton (Massachusetts) Police Department learned on November 6, 2015, that Blackmer was intending to travel from Massachusetts to New Hampshire with one or more firearms. Information developed by the Police Department indicated that Blackmer had assembled the subject firearms in his workshop in Easthampton, Massachusetts, from component parts that he had bought on the internet. Later that day, surveilling police officers watched Blackmer leave his Easthampton home with suspected firearms and then drive to and across the Massachusetts border into Winchester, N.H., where he was stopped by law enforcement officers for the purpose of executing a previously obtained federal search warrant on Blackmer’s car. The warrant became effective when the officers observed Blackmer transporting the suspected firearms across the state line, thereby establishing probable cause that the interstate requirement of the federal crime of Illegal Possession of a Firearm by a Convicted Felon was satisfied. Upon executing the warrant, law enforcement officers discovered two AR-15 style rifles, rifle sites and a loaded magazine in the trunk of Blackmer’s car. A later search of Blackmer’s workshop in Massachusetts yielded an additional nine firearms in various states of assembly, at least five which were completed enough to qualify as firearms under federal law. In connection with his plea, Blackmer admitted that, at the time of the traffic stop, he previously had been convicted of felonies on at least five prior occasions.
United States District Judge Steven J. McAuliffe took Blackmer’s guilty plea and scheduled his sentencing for November 22, 2016. The plea agreement provides that both Blackmer and the government will recommend a total term of incarceration of seventy months, materially more than the anticipated advisory federal sentencing guideline range. Blackmer has been detained since his arrest on November 6, 2015, and is expected to remain in custody until after he serves the term of incarceration that Judge McAuliffe imposes.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H., and in Springfield, Massachusetts, as well as the Easthampton (Massachusetts) Police Department and the New Hampshire State Police. The Office of the District Attorney for the Northwest District of the Commonwealth of Massachusetts provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Resident of Manchester Sentenced to 71 Months for Bank RobberyRead the Press Release
CONCORD, N.H. – Ronald Alan Cook, a 45-year-old resident of Manchester, has been sentenced to 71 months in prison for robbing the Bank of New Hampshire at 705 Hooksett Road in Manchester on November 10, 2015, announced United States Attorney Emily Gray Rice.
To commit the offense, Cook entered the bank and handed a note to a bank teller that stated, “I have a gun!! Give me all the 100, 50, 20 and 10 now and fast.” Cook also told the teller, “This is serious give me all your money 50, 100, 20s.” The teller removed money from her teller drawer and gave it to Cook, who then ran from the bank. A description of the bank robber was broadcast to Manchester police officers. An officer saw Cook riding a bicycle near the bank and detained him because he matched the description of the bank robber. While being questioned by this police officer, Cook admitted that he robbed the bank.
Cook was sentenced by United States District Court Judge Steven McAuliffe.
The case was investigated by the Manchester Police Department and the Federal Bureau of Investigation. It was prosecuted by AUSA Robert M. Kinsella.
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Mexican Man Sentenced After Pleading Guilty to Illegally Re-Entering the United States After Previous DeportationsRead the Press Release
CONCORD, NEW HAMPSHIRE – United States Attorney Emily Gray Rice announced today that Ricardo Silva-Hernandez, of Mexico, was sentenced to a time-served sentence after pleading guilty, on April 20, 2016, to illegally re-entering the United States after having been previously deported.
Silva-Hernandez was arrested by the Hooksett Police Department on February 24, 2016, after the police responded to a burglar alarm at Silva-Hernandez’s place of employment. When an officer asked Silva-Hernandez for identification, he produced a Mexican identification card.
Further questioning by the police led to Silva-Hernandez’s admission that he was illegally in the United States and had re-entered the United States after being deported.
The Hooksett Police sought the assistance of officers from Immigration and Customs Enforcement – Enforcement and Removal (ICE-ERO) in positively identifying Silva-Hernandez. Fingerprints taken from Silva-Hernandez were compared to fingerprints on file with the Department of Homeland Security and the Federal Bureau of Investigation. That comparison definitively proved that Silva-Hernandez had been previously deported in 1997 and again in 2009.
Silva-Hernandez will now be deported.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and the Hooksett Police Department. Assistant U.S. Attorney Alfred Rubega prosecuted this case.
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Massachusetts Man Sentenced on Fentanyl ChargeRead the Press Release
CONCORD, N.H. – Genfry Martinez, 20, of Lawrence, Massachusetts, was sentenced in United States District Court for the District of New Hampshire to 37 months in federal prison after pleading guilty to one count of possession with intent to distribute the Schedule II controlled substance fentanyl, announced United States Attorney Emily Gray Rice.
On February 11, 2016, after a traffic stop by the New Hampshire State Police, Martinez was found in possession of what lab results confirmed to be 68.67 grams of the Schedule II controlled drug fentanyl. The defendant possessed the drugs with the intention of distributing them.
“The narcotic drug fentanyl is an incredibly dangerous substance responsible for a large number of overdose deaths in New Hampshire,” stated United States Attorney Emily Gray Rice. “I will continue to prioritize the prosecution of individuals who attempt to profit from the sale of this deadly drug.”
United States District Judge Paul J. Barbadoro sentenced Martinez. In addition to the term of incarceration, Judge Barbadoro ordered Martinez to serve, upon his release from prison, a term of supervised release of three years.
The case was investigated by the New Hampshire State Police and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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Dominican Man Sentenced After Pleading Guilty to Misrepresenting A Social Security NumberRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Sergio Yeremi Martinez-Mejia, of the Dominican Republic, was sentenced to a time-served sentence after pleading guilty, on May 2, 2016, to falsely claiming that he was assigned a social security number that was in fact assigned to another person.
On March 24, 2015, Immigration and Customs Enforcement was notified that the defendant was suspected of being a foreign national illegally in the United States. On March 23, 2015, the defendant told the Portsmouth Police Department that he was a Puerto Rican U.S. citizen and provided the police a certain social security number that he claimed was his.
On March 24, 2015, an Immigration and Customs Enforcement Deportation Officer interviewed Martinez-Mejia. The defendant claimed that he was born in Puerto Rico and provided the officer with a social security number not in fact assigned to Martinez-Mejia.
The Deportation Officer submitted the defendant’s fingerprints to the Department of Homeland Security and to the FBI. Each agency returned a match for the defendant, Sergio Yeremi Martinez-Mejia, who had, on July 11, 2011, been ordered deported from the United States to the Dominican Republic. Records of the U.S. Social Security Administration revealed that neither of the numbers the defendant claimed were assigned to him actually had been assigned to him.
Martinez-Mejia will now be deported.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and the Portsmouth Police Department. Assistant U.S. Attorney Alfred Rubega prosecuted this case.
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Manchester Resident Pleads Guilty to Selling Stolen Government PropertyRead the Press Release
CONCORD, N.H. – A 25-year-old resident of Manchester, New Hampshire, Kristopher White, has pleaded guilty to fifteen counts of unlawfully converting government property, announced United States Attorney Emily Gray Rice.
From June 8 to June 19, 2015, three barrels that contained government-owned scrap metal and 25 government-owned tools were stolen from a maintenance building at the U.S. Department of Veterans Affairs Medical Center in Manchester. On June 9, 10 and 19, 2015, White knowingly sold the stolen scrap metal to a recycling business in Manchester, and on June 19 he knowingly sold 12 of the stolen tools to a pawn shop in Manchester.
The crimes to which White pleaded guilty are felonies because the aggregate cost price or market value of the stolen items is more than $1,000.
The maximum period of imprisonment for each offense is 10 years. The maximum fine for the offense is $250,000. White will be sentenced by United State District Court Judge Landya B. McCafferty on November 18, 2016 at 10:00 a.m. Judge McCafferty will sentence White after she has had the opportunity to review a presentence investigation report prepared by the United States Probation & Pretrial Services office.
The case was investigated by the U.S. Department of Veterans Affairs, Office of Inspector General, Criminal Investigation Division and the VA Police Services at the Manchester VA Medical Center. The case was prosecuted by AUSA Robert M. Kinsella.
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Dover Man Second to Plead Guilty in Scheme to Illegally Buy and Smuggle Guns for Indonesian Secret Service MembersRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Feky R. Sumual pleaded guilty in federal court to participating in a scheme to illegally buy guns and then smuggle them out of the country for the benefit of members of the protective security detail of the President and the Vice President of the Republic of Indonesia -- also known as the Indonesian Presidential Guard. Sumual pleaded guilty to one count of conspiracy to make false statements in connection with the acquisition of firearms, to make false statements in records required to be kept by federal firearms dealers and to smuggle firearms from the U.S. Sumual is 51 years old and lived in Dover, N.H., before his arrest in this case.
According to statements made during his plea hearing, Sumual joined a conspiracy to buy guns for members of the Indonesian Presidential Guard with the understanding that the Presidential Guard members then would smuggle the guns out of the U.S. Specifically, Sumual admitted that his nephew, Audi N. Sumilat – on active duty with the U.S. Army in El Paso, Texas – and three members of the Presidential Guard came up with the plan in October 2014, when they were stationed together in Fort Benning, Georgia. Sumual further admitted that in September and October 2015, as part of the plan, he purchased guns from federal firearms dealers in N.H. and Sumilat purchased guns from federal firearms dealers in Texas all for members of the Indonesian Presidential Guard, who could not lawfully have bought the guns in the U.S. themselves. The guns – approximately twenty-two of them – were almost all 9 millimeter hand guns. Sumual admitted that, to facilitate the purchases, he and Sumilat certified to the gun dealers from which they bought the guns that they were the actual buyers of the guns even though the actual buyers were the Presidential Guard members.
Sumual further admitted that he delivered the guns to members and representativesof the Presidential Guard in connection with official state visits by the President and Vice-President of Indonesia with the U.N. General Assembly in New York, N.Y., at the end of September 2015, and with the White House at the end of October 2015. The guns Sumual admitted delivering consisted of those that he had bought in New Hampshire and others that Sumilat had acquired in, and shipped to Sumual from Texas. Sumual stated that several individuals working for the Indonesian government or, in some instances, driving vehicles with Indonesian diplomatic license plates, facilitated the deliveries. Sumual acknowledged that he understood that, after he delivered the guns, the members of the Presidential Guard intended to smuggle the illegally purchased guns from the U.S. Lawfully exporting the guns – which were included as defense articles on the U.S. Munitions List – required both an exporter’s license and a license covering the specific guns exported. No such licenses had been issued.
United States District Judge Landya McCafferty accepted Sumual’s guilty plea and scheduled his sentencing for November 17, 2016. Sumual faces a maximum sentence of five years in prison and a fine of $250,000. Sumilat also has pleaded guilty and is expected to be sentenced on October 11, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H. and El Paso, Texas, as well as Immigration and Customs Enforcement, Homeland Security Investigations, in Manchester, N.H. and Jakarta, Indonesia. The Bureau of Diplomatic Security of the U.S. Department of State, the U.S. Embassy to Indonesia, the Dover (N.H.) Police Department and the Indonesian National Police all provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Massachusetts Man Sentenced for Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. – Euris Daniel Paulino Guerrero, 24, a citizen of the Dominican Republic most recently residing in Lawrence, Massachusetts, was sentenced to 100 months in federal prison after pleading guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with two counts of distribution and one count of conspiracy to distribute the Schedule II controlled substance fentanyl, announced United States Attorney Emily Gray Rice.
According to documents filed in United States District Court and statements in court proceedings, Guerrero sold fentanyl, heroin, and oxycodone to cooperating witnesses on three occasions during the summer of 2015. He also sold approximately 150 grams of fentanyl to a law enforcement officer acting in an undercover capacity. Pursuant to a search warrant executed at a residence associated with the conspiracy, law enforcement seized approximately 485 grams of fentanyl, an instrument used to compress drugs into ten-gram quantities for sale, blenders, and other packaging materials.
Chief United States District Judge Joseph LaPlante sentenced Guerrero. In addition to the term of incarceration, Judge LaPlante ordered Guerrero to serve, upon his release from prison, a term of supervised release of 4 years.
According to statistics maintained by the State of New Hampshire, over half of the drug overdose deaths in New Hampshire in 2015 were related to fentanyl. “This defendant was responsible for distributing hundreds if not thousands of doses of the lethal narcotic fentanyl in New Hampshire and Massachusetts,” stated United States Attorney Emily Gray Rice. “My office will continue to focus our resources on targeting traffickers who attempt to profit from the drug epidemic plaguing our state.”
The case was investigated by the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and John Farley.
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U.S. Attorney Rice Encourages Participation in National Night Out EventRead the Press Release
Concord, New Hampshire – U.S. Attorney Emily Gray Rice announces the 32nd Annual National Night Out, which will be celebrated throughout New Hampshire on Tuesday night, August 2, 2016. “We encourage citizens to join the men and women of the law enforcement agencies which protect our communities for the National Night Out in the cities and towns in our state. National Night Out is an opportunity to leave our homes, visit our neighbors and become acquainted with one another. Our communities are stronger and safer when we all work together as partners in the same effort.”
National Night Out is designed to: heighten crime and drug prevention awareness; generate support for and participation in local anticrime efforts; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know neighborhoods are organized and fighting back. This year, National Night Out events will be held in several communities throughout New Hampshire. Registered events will take place in Bedford, Belmont, Concord, Dover, Farmington, Greenland, Groveton, Hartford, Laconia, Lincoln, Manchester/Rochester, Milford, Mont Vernon, Northfield, Pittsfield, Portsmouth, Salem, Somersworth.
U. S. Attorney Rice stated, “Our nation has recently experienced terrible tragedies, leaving us feeling sad and uncertain. Violence is never the answer. The solution lies in forging stronger connections. We must recommit ourselves to doing everything possible to bridge divides, heal rifts, and build trust, and to ensure that all of our neighbors, including our first responders, feel respected, supported, and safe.”
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events on Tuesday.
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Boscawen Woman Sentenced to Home Confinement for Social Security, Food Stamp, and Wire FraudRead the Press Release
CONCORD, N.H. – Bonita Kitson, 45, of Boscawen, New Hampshire, who pleaded guilty to one count of Social Security Fraud, two counts of Making False Statements, and one count of Wire Fraud on April 21, 2016, was sentenced today to two years of probation, including four months of home confinement, and was ordered to pay $28,788 in restitution, announced United States Attorney Emily Gray Rice.
According to the indictment, statements made in court, and other public records in the case, Kitson received Social Security disability benefits, Food Stamps, and Aid to the Permanently and Totally Disabled for over two years prior to her marriage in October 2010. Her husband also received Social Security disability benefits and Food Stamps before they married. They each continued to receive these benefits after they wed, but neither Kitson nor her husband reported their marriage or their shared residence to Social Security or to the New Hampshire Department of Health and Human Services as required. Instead, Kitson advised both agencies that she and her husband were merely friends. The marriage was not disclosed until October 2014, when Kitson advised Social Security that her husband passed away one month earlier as part of her application for a lump-sum death benefit.
Kitson’s marriage and shared living arrangement, if properly reported, would have significantly reduced the amount of Social Security disability benefits and Food Stamps she and her husband received, and would have disqualified Kitson from receiving Aid to the Permanently and Totally Disabled. Applicants for each of these benefits programs must have limited income and resources in order to qualify for assistance. The income of all members of a household is considered when determining an individual’s eligibility for benefits. As a result of concealing the marriage and shared residence, Kitson and her husband fraudulently received an additional $27,654 in disability benefits and Food Stamps, and Kitson received $1,134 in Aid to the Permanently and Totally Disabled to which she was not entitled.
Kitson was sentenced by United States District Court Chief Judge Joseph N. Laplante.
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, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Bennington Man Sentenced on Drug and Firearm ChargesRead the Press Release
CONCORD – United States Attorney Emily Gray Rice announced that Rosaire Gauthier, 40, of Bennington, New Hampshire was sentenced in the United States District Court for the District of New Hampshire to 78 months in federal prison after pleading guilty to a felon-in-possession charge and 17 drug charges. Gauthier pleaded guilty to the charges on October 9, 2015.
According to documents on file with the court and statements made at his sentencing hearing, Gauthier sold oxycodone and other controlled substances to a confidential informant on 15 occasions between April 2011 and February 2012. A search of his residence in August 2014 resulted in the seizure of drugs, three loaded handguns, a loaded shotgun, a loaded rifle that had an extended magazine attached, three ballistic vests and $18,190 in cash. Gauthier was a convicted felon at the time and could not legally possess a firearm.
Gauthier was also sentenced to three years of supervised release after he completes his prison sentence. During the term of his supervised release, Gauthier’s behavior will be monitored by an officer with the United States Probation & Pretrial Services Office.
The case was investigated by the Manchester Police Department. The Bureau of Alcohol, Tobacco, Firearms and Explosives assisted in the investigation. The case was prosecuted by AUSA Debra Walsh.
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Sanbornton Man Sentenced for Heroin and Fentanyl Distribution ConspiracyRead the Press Release
CONCORD, N.H. – Michael Smith, 35, of Sanbornton, New Hampshire, was sentenced to 96 months in federal prison after pleading guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with eight counts of distribution and one count of conspiracy to distribute the Schedule I controlled substance heroin and the Schedule II controlled substance fentanyl, announced United States Attorney Emily Gray Rice.
According to court documents, during a law enforcement investigation, a cooperating individual purchased heroin and/or fentanyl from the defendant on eight occasions. Lab results confirmed that over 20 grams of the substance purchase contained fentanyl, over 57 grams contained heroin and over 19 grams contained a mixture of heroin and fentanyl. Smith obtained controlled substances from multiple sources and distributed to multiple customers, participating in the conspiracy since at least June, 2015.
U.S. District Judge Paul J. Barbadoro sentenced Smith. In addition to the term of incarceration, Judge Barbadoro ordered Smith to serve, upon his release from prison, a term of supervised release of 3 years.
The case was investigated by the New Hampshire Drug Task Force and the Drug Enforcement Administration and was prosecuted by Assistant United States Attorneys Georgiana L. Konesky and Donald Feith.
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Project Safe Childhood - Newport Man Sentenced for Child Pornography PossessionRead the Press Release
CONCORD, NEW HAMPSHIRE: Allen Langlois, 49, of Newport, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire, for possessing child pornography. According to United States Attorney Emily Gray Rice, the Court imposed a sentence of 42 months’ imprisonment, to be followed by 10 years of supervised release.
In the fall of 2015, after a lengthy investigation, the Federal Bureau of Investigation found a collection of hundreds of still images of child pornography on the defendant’s personal computer. The defendant admitted to downloading child pornography content from several different internet websites, including sites on the dark web.
The FBI was assisted in this case by the Police Departments of Newport, Manchester, and Nashua, New Hampshire, as well as the New Hampshire State Police.
The case was prosecuted by Assistant United States Attorney Nick Abramson.
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 Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Project Safe Childhood - Goffstown Man Sentenced for Child Pornography PossessionRead the Press Release
CONCORD, NEW HAMPSHIRE: Richard Sullivan, 24, of Goffstown, New Hampshire, was sentenced on Thursday in the United States District Court for the District of New Hampshire, for possessing child pornography. According to United States Attorney Emily Gray Rice, the Court imposed a sentence of 24 months’ imprisonment, to be followed by 7 years of supervised release.
In 2015, investigators determined that an individual residing at Sullivan’s Goffstown residence had uploaded several images of child pornography to an internet bulletin board. A federal search warrant was obtained, and a forensic analysis of three of Sullivan’s personal electronic devices revealed a collection of approximately thirty still images of child pornography. Sullivan admitted to investigators that he had been viewing child pornography for eighteen months.
The investigation was jointly conducted by the Homeland Security Investigations Manchester (HSI), the New Hampshire Internet Crimes Against Children Task Force (NH ICAC), and the police departments of Goffstown, Bedford, Hampton, Portsmouth, and Manchester, New Hampshire.
The case was prosecuted by Assistant United States Attorney Nick Abramson.
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 Attorneys’ Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Rochester Man and Massachusetts Woman Plead Guilty to Drug Distribution Causing DeathRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced that Mark Ross, 42, of Gonic, New Hampshire, and Leslie Aberle, 32, of Salisbury, Massachusetts appeared yesterday before United States District Court Judge Landya McCafferty and pleaded guilty to distribution of a controlled substance resulting in death.
According to documents that were filed in United States District Court and statements in the plea proceeding, Aberle drove Mark Ross from Rochester, New Hampshire to Lawrence, Massachusetts on October 16, 2015 for the purpose of obtaining heroin. Ross acquired the heroin. Ross and Aberle returned to the Riviera Motel in Rochester where Ross was staying with Jazzmyn Rood and Rood’s daughter Evangelique Tarmey. Ross provided a quantity of the drug to Tarmey. The following morning, Tarmey was found dead in the motel room. The New Hampshire Medical Examiner later found that Ms. Tarmey died of acute fentanyl intoxication.
New Hampshire has the third-highest rate of per capita drug overdose deaths in the United States. More than half of the drug overdose deaths in New Hampshire in 2015 were the result of fentanyl, either alone or in combination with other drugs.
United States Attorney Rice said, “I want to thank the Rochester Police Department and the Drug Enforcement Administration for their work on this case. Fighting the opioid epidemic is a multi-pronged, team effort. One facet of our attack is to prosecute those who are criminally responsible for causing drug overdoses. We will continue to work with law enforcement agencies to identify and prosecute the individuals who distribute drugs that cause overdose deaths. Any drug distribution has the potential to be deadly, regardless of the quantity of drugs involved. When a drug distribution causes an overdose death, my office will seek to hold the distributor accountable.”
In April 2016, the United States Attorney’s Office and the New Hampshire Attorney General’s Office announced the formation of an inter-office team of prosecutors who will work together to prosecute individuals who cause opiate overdoses in New Hampshire. This prosecution, initiated before the creation of the joint team, is an example of the type of case that will be generated by the team.
The case was investigated by the Rochester Police Department. The Drug Enforcement Administration assisted in the investigation. The case was prosecuted by First Assistant United States Attorney Don Feith.
A sentencing hearing has been scheduled for October 28, 2016 in each case.
Troy Man Sentenced for Possessing Child PornographyRead the Press Release
CONCORD, NEW HAMPSHIRE - John P. Howe, Jr., 34, of Troy, New Hampshire, was sentenced on Friday in the United States District Court for the District of New Hampshire for possessing child pornography, announced United States Attorney Emily Gray Rice. The Court imposed a sentence of 78 months’ imprisonment, to be followed by 10 years of supervised release.
In 2014, the Federal Bureau of Investigation obtained information indicating that websites devoted to the exploitation of children had been accessed by a computer at the defendant’s Troy, New Hampshire residence. When a federal search warrant for that residence was executed in September 2014, authorities located a collection of videos and still images of child pornography on one of the defendant’s personal electronic devices, including a number of images depicting sadistic and masochistic acts.
The case was investigated by the Federal Bureau of Investigation, in conjunction with Homeland Security Investigations, the New Hampshire State Police, the New Hampshire Internet Crimes Against Children Task Force (NH ICAC), and the Troy, New Hampshire Police Department.
This case was prosecuted by Assistant United States Attorney Nick Abramson.
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 Attorneys 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.
Rochester Man Sentenced for Trafficking Fentanyl and Firearms CrimesRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Anthony Elton Cook was sentenced to 78 months in federal prison based upon his plea of guilty to charges arising from possession of fentanyl with intent to distribute and his unlawful possession of a firearm in connection with his drug trafficking activity. Cook previously had pleaded guilty to one count of Possession of Fentanyl with Intent to Distribute, Possession of a Firearm in Connection with a Drug Trafficking Offense and Unlawful Possession of a Firearm. Cook, 26 years old, lived in Rochester, New Hampshire before he was taken into custody on related charges in January.
According to court documents, testimony and statements Cook made in earlier proceedings, a Rochester, N.H., police patrol officer pulled Cook over for a suspected motor vehicle violation on July 12, 2015. An ensuing search of Cook’s car and person yielded, among other things, a distribution quantity of fentanyl, a hand gun and ammunition. Cook previously had been convicted of a felony and therefore was prohibited under federal firearms laws from possessing a gun. The police also recovered from Cook $1900 in small cash denominations.
U.S. District Judge Paul J. Barbadoro sentenced Cook. In addition to the term of incarceration, Judge Barbadoro ordered Cook to serve, upon his release from prison, a term of supervised release of 5 years. While on supervised release, Cook will be required to abide by certain rules and conditions established by the court. If he fails to abide by those rules and conditions, he could be returned to prison to serve additional time. Finally, Judge Barbadoro forfeited Cook’s interest in the $1900 cash and ordered Cook to pay an additional $300 in administrative court fees.
This matter was investigated by the Rochester (N.H.) Police Department with support from the Bedford, N.H., field office of the Bureau of Alcohol, Tobacco, Firearms and Explosives. The case was prosecuted by Assistant United States Attorney Bill Morse.
New York Man Sentenced in Counterfeit Traveler's Check CaseRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Sherman C. Bolling was sentenced to 36 months in federal prison based upon his plea of guilty to charges arising from his role in a counterfeit traveler’s check scheme. Bolling previously had pleaded guilty to one count of Possessing Counterfeit Traveler’s Checks. Bolling, 68 years old, lived in Hempstead, New York, before he was taken into custody on related charges in January.
According to court documents, testimony and statements Bolling and an accomplice made in earlier proceedings, Bolling was caught by police fleeing in his car from the parking lot of a retail box store in Tilton, N.H. Bolling began fleeing when police arrived at the store to investigate a report from the store’s loss prevention staff that a woman was attempting to purchase high value merchandise with counterfeit traveler’s checks. After they intercepted Bolling, the police discovered in his possession 96 counterfeit traveler’s checks – 12 in $200 denominations and 84 in $100 denominations. When Bolling fled, he left the woman, later identified as Kadejdra Marda, at the store to deal with the police on her own. Marda eventually admitted that she was an accomplice of Bolling, that he had driven her to the store and that, before he left her behind, Bolling had been waiting for her in his car while she was in the store trying to pass the bad traveler’s checks.
Bolling was sentenced by U.S. District Judge Paul J. Barbadoro. In addition to the term of incarceration, Judge Barbadoro ordered Bolling to serve, upon his release from prison, a term of supervised release of 3 years. While on supervised release, Bolling will be required to abide by certain rules and conditions established by the court. If he fails to abide by those rules and conditions, he could be returned to prison to serve additional time.
Judge Barbadoro previously sentenced Marda, who also pleaded guilty, to time served (which had been approximately three months). Like Bolling, Marda also will be required to serve a three-year term of supervised release. Among the conditions of Marda’s supervised release are that she be detained in her home, and be subject to electronic monitoring, for three months.
This matter was investigated by the Tilton (N.H.) Police Department with support from the Manchester, N.H., Field Office of the United States Secret Service. The case was prosecuted by Assistant United States Attorney Bill Morse.
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Former Atkinson Man Sentenced for Tax Evasion Stemming from Wire Fraud SchemeRead the Press Release
CONCORD, N.H. – William M. Richmond, 60, formerly of Atkinson, New Hampshire, was sentenced to 24 months in prison for tax evasion, reports United States Attorney Emily Gray Rice.
In 2006 through 2008 Richmond failed to report and pay taxes on more than $743,000 he stole through a wire fraud scheme. From about May 18, 2005, through about April 2009, Richmond held a durable power of attorney for Richard Piller. The power of attorney gave Richmond unrestricted access to Piller’s finances. Richmond was supposed to manage Piller’s personal and business affairs while Piller and his then-wife, Joan Ettelson, were out of the country for extended periods. Richmond used the power of attorney to commit a wire fraud scheme through which he stole more than $743,000 from Piller and Ettelson. Richmond failed to disclose that criminally derived income on his tax returns for 2006, 2007, and 2008, and he failed to list the substantial additional taxes he owed for each year based on that income. Instead, Richmond falsely claimed that his only income was taxable interest and that he owed no taxes for each of the three years.
Richmond pleaded guilty to three counts of tax evasion on July 17, 2015.
In addition to a two-year prison sentence, Richmond was ordered to pay $743,171.59 in restitution to Piller and Ettelson.
This case was investigated by special agents of the FBI and the IRS – Criminal Investigation. It was prosecuted by Assistant United States Attorney Mark S. Zuckerman.
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Manchester Man Arrested for Conspiracy to Distribute and Unlawful Distribution of MethamphetamineRead the Press Release
CONCORD – United States Attorney Emily Gray Rice announced that Rigoberto Ramirez Aldava, 40, of 345 Putnam Street, Apartment #1, Manchester, New Hampshire, appeared today before United States Magistrate Daniel Lynch and was arraigned on a criminal complaint which charges him with conspiracy to distribute and to possess with the intent to distribute controlled substances, in violation of Title 21, United States Code, Sections 841(a)(1) and 846 and distribution of controlled substances, in violation of Title 21, United States Code, Section 841(a)(1).
According to documents that were filed in United States District Court and statements in the court proceeding, Ramirez Aldava, a citizen of Mexico, operated El Patron Sports Bar and Grill, LLC, located at 253 Wilson Street, Manchester, New Hampshire.
As part of the investigation, 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 34 grams of methamphetamine. On June 29, 2016, the undercover officer met with Ramirez Aldava at the same location in Manchester and purchased approximately 372 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 5.13 kilograms were recovered from Ramirez Aldava’s vehicle at the time of his arrest.
A search of El Patron Sports Bar and Grill resulted in the seizure of approximately 2.03 kilograms of methamphetamine. A second search at Ramiez Aldava’s Putnam Street apartment resulted in the seizure of $6,000 of the serialized DEA currency utilized in the June 29th drug sale.
DEA reports that in this area, one gram of methamphetamine typically sells for between $150 to $200 dollars, and in the Northeast, larger quantities of the drug can sell for as much as $50,000 to $60,000 per kilogram.
“Methamphetamine is a highly addictive stimulant that damages the central nervous system and can cause paranoia often associated with violent behavior,” said DEA Special Agent in Charge Michael J. Ferguson. “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. DEA and its local, state and federal partners are committed to bringing to justice those that distribute this lethal drug.”
United States Attorney Rice said, “I want to thank the Drug Enforcement Administration, and the Manchester and Nashua Police Departments for their work on this case. The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to continue to target drug trafficking organizations which are responsible for the importation of large quantities of controlled substances into New Hampshire from source countries such as Mexico, and to bringing traffickers to justice.”
Magistrate Judge Lynch ordered Ramirez Aldava detained pending trial. The case is being prosecuted by Assistant United States Attorney Jennifer Cole Davis.
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Man Sentenced for Participating in Prescription Fraud SchemeRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced that Geoffrey McIntosh, 36, was sentenced by United States District Judge Paul Barbadoro to serve 100 months in federal prison for his participation in an oxycodone distribution scheme.
McIntosh, most recently of Derry, New Hampshire, pleaded guilty on March 25, 2016, to participating in a conspiracy to distribute, and possess with intent to distribute, oxycodone.
According to documents that were filed in United States District Court and statements in court proceedings, McIntosh and others passed dozens of false prescriptions for OxyContin pills at pharmacies in the Manchester and Nashua areas. McIntosh arranged for runners to pass these fraudulent prescriptions at pharmacies. The runners would then provide the pills to McIntosh in exchange for pills or cash. McIntosh would then sell the pills or have others sell them on his behalf. During the investigation, law enforcement officers identified over 100 fraudulent prescriptions for OxyContin, which were filled in 2009 and 2010.
The case was investigated by the Drug Enforcement Administration, with assistance from other law enforcement agencies, including the Nashua Police Department, Manchester Police Department, Merrimack Police Department, and the New Hampshire State Police. The case was prosecuted by Assistant United States Attorney John J. Farley.
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Man Pleads Guilty in Prescription Fraud SchemeRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced that James Donnelly, 34, pleaded guilty to conspiracy to distribute, and possess with intent to distribute, oxycodone before United States District Court Judge Landya B. McCafferty.
According to documents that were filed in United States District Court and statements in the plea proceeding, Donnelly, Geoffrey McIntosh, and others arranged to pass dozens of false prescriptions for OxyContin pills at pharmacies in the Manchester and Nashua areas. These prescriptions contained falsified signatures of a physician. Donnelly admitted that he arranged for runners to pass these fraudulent prescriptions at pharmacies. The runners would then be provided with pills or cash as payment for passing the fraudulent prescriptions. McIntosh would then sell the pills or have others sell them on his behalf. During the investigation, law enforcement officers identified over 100 fraudulent prescriptions for OxyContin, which were filled in 2009 and 2010.
A sentencing hearing has been scheduled for October 13, 2016. The court will determine the sentence to be imposed after it has the opportunity to review a presentence report prepared by the United States Probation & Pretrial Services Office.
The case was investigated by the Drug Enforcement Administration, with assistance from other law enforcement agencies, including the Nashua Police Department, Manchester Police Department, Merrimack Police Department, and the New Hampshire State Police. The case was prosecuted by Assistant United States Attorney John J. Farley.
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Guatelmalan Man Sentenced After Pleading Guilty to Illegally Reentering the United States After A Previous DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced that Victor Lopez, of the Dominican Republic, was sentenced to ten months in prison after pleading guilty to illegally reentering the United States after having been previously deported.
On February 15, 2016, an ICE-ERO Deportation Officer received a request for assistance form a New Hampshire State Police Trooper who he had stopped a vehicle for speeding on I-93 north bound in Windham. There were five individuals in the vehicle, two of whom provided the Trooper with foreign ID cards. The defendant and two other individuals refused to provide identification and refused to answer any questions. The Trooper requested that ICE-ERO assist with the identification of those three individuals in the vehicle.
An ICE-ERO Deportation Officer submitted the defendant’s fingerprints to databases of known fingerprints for comparison. The comparison identified the defendant as Victor Lopez and established that Lopez had been deported from the United States to Guatemala in 2012.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and the New Hampshire State Police. Assistant U.S. Attorney Alfred Rubega prosecuted the case.
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Federal Inmate Sentenced to Additional 15 Months in Prison for Possessing WeaponRead the Press Release
Concord, N.H.—Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Parrish Powell, 27, previously of Mount Vernon, New York, was sentenced for possessing a weapon at a federal correctional institution in July 2015. United States District Judge Landya B. McCafferty imposed a sentence of 15 months’ imprisonment and a mandatory $100 special assessment.
According to the indictment, statements made in court, and other public records in the case, in 2014 Powell was convicted in the United States District Court for the Southern District of New York for the illegal possession of a firearm by a convicted felon. He was sentenced to 37 months’ imprisonment and 2 years of supervised release on that charge. The Federal Bureau of Prisons assigned Powell to the federal correctional institute in Berlin, New Hampshire (“FCI Berlin”). On July 17, 2015, Powell was subject to a routine search by an FCI Berlin correctional officer. The officer discovered in Powell’s boot a knife or “shiv” fashioned out a yellow plastic eating utensil, sharpened to a point at one end, with black electrical tape wrapped around the other end, forming a makeshift handle. A federal indictment charging Powell with possessing a weapon while an inmate at a federal prison, in violation of Title 18, United States Code, Sections 1791(a)(2) and (d)(1)(B), was returned on December 16, 2015, and Powell pleaded guilty on February 29, 2016.
By statute, Powell’s new sentence of 15 months must run consecutive to his existing sentence on the 2014 charges in New York. He will be subject to a period of 2 years supervised release upon release from prison as a result of the sentence imposed in 2014.
The case was investigated by the Federal Bureau of Prisons with assistance from the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Project Safe Childhood - Plainfield Man Sentenced for Child Pornography PossessionRead the Press Release
CONCORD, NEW HAMPSHIRE: John Martin Favor, 49, of Plainfield, New Hampshire, was sentenced on Monday to 66 months in prison by the United States District Court for the District of New Hampshire, announced United States Attorney Emily Gray Rice.
In May 2015, authorities determined that an individual was uploading images of child pornography to an online bulletin board from the defendant’s Plainfield, New Hampshire residence. When a federal search warrant for that residence was subsequently executed, a large collection of child pornography – more than 500 videos and 300 still images – was located on the defendant’s personal electronic devices, and the defendant confessed to law enforcement that he had been viewing child pornography for close to fifteen years.
“Protecting children from sexual exploitation is a top priority of the United States Attorney’s Office for the District of New Hampshire,” said U.S. Attorney Emily Gray Rice, “and prosecuting those who possess child pornography is crucial to destabilizing this black market and undermining the normalization of child sexual abuse.”
The investigation was a collaborative effort between federal, state, and local authorities, which included Homeland Security Investigations Manchester, the New Hampshire Internet Crimes Against Children Task Force, the Police Departments of Hinsdale, Hampton, Plainfield, Rochester, and Portsmouth, New Hampshire, as well as the New Hampshire State Police.
The case was prosecuted by Assistant United States Attorney Nick Abramson.
In February 2006, the Department of Justice introduced Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led, in each district, by the United States Attorney’s Office, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, and to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
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Honduran Man Pleads Guilty to Illegally Reentering the United States After Having Been Previously DeportedRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Alexander Alcerro-Romero, of Honduras, pleaded guilty to a one-count indictment alleging that he illegally reentered the United States after having been previously deported.
In March of 2016, an ICE ERO Deportation Officer developed information which indicated that the defendant, a Honduran national, was illegally present in the United States after having been deported on two previous occasions. On April 11, 2016, the defendant was observed by ICE-ERO Deportation Officers entering a silver sedan that was parked directly in front of the defendant’s residence in Nashua, New Hampshire.
A vehicle stop was conducted during which the Deportation Officer approached the defendant and asked him in English if he had a driver’s license. The defendant responded “not one from this country” and presented the Deportation Officer with a Honduran identity document. After verbally confirming that the defendant was a Honduran national, the deportation Officer asked the defendant if he had any immigration documents that allowed him to be in the U.S. The defendant responded “no”, and was then taken into ICE custody for being illegally present in the United States and transported to the ERO-MAN office for administrative processing.
Fingerprint impressions taken at the time of processing were compared to fingerprints on record with the Department of Homeland Security. The fingerprint comparison confirmed that the defendant had been deported from the United States to Honduras in 2005 and 2008.
Alcerro-Romero will be sentenced at 10:00 AM on November 15, 2016, and will be deported after serving his sentence.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
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Man Pleads Guilty to Scheme to Illegally Buy and Smuggle Guns for Members of the Indonesian Secret ServiceRead the Press Release
CONCORD, N.H. – Audi N. Sumilat, a resident of El Paso, Texas, pleaded guilty in federal court to participating in a scheme to illegally buy numerous guns and then smuggle them out of the country for the benefit of members of the protective security detail of the President and the Vice President of the Republic of Indonesia -- also known as the Indonesian Presidential Guard. Sumilat pleaded guilty to one count of conspiracy to make false statements in connection with the acquisition of firearms, to make false statements in records required to be kept by federal firearms dealers and to smuggle firearms from the U.S. Sumilat is 36 years old.
According to statements made during his plea hearing, Sumilat joined a conspiracy to buy guns in Texas and New Hampshire for members of the Indonesian Presidential Guard with the understanding that the guns then would be smuggled out of the U.S. Specifically, Sumilat – on active duty with the U.S. Army – admitted that he and three members of the Presidential Guard came up with the plan in October 2014, when they were all stationed together for training in Fort Benning, Georgia. Sumilat further admitted that in September and October 2015, as part of the plan, he purchased guns in Texas for members of the Indonesian Presidential Guard that members of that protective detail could not lawfully buy in the U.S. themselves. Sumilat also admitted that, to facilitate those purchases, he certified to the gun dealers from which he bought the guns that he was the actual buyer of the guns even though the actual buyers were the members of the Presidential Guard. Sumilat further admitted that he then shipped the guns to a co-conspirator, Feky R. Sumual, in New Hampshire who delivered them and other firearms to members and representatives of members of the Presidential Guard, who were in the U.S. on official state visits both in Washington, D.C., and with the U.N. General Assembly in New York, N.Y. Finally, Sumilat acknowledged that, he understood that the members of the Presidential Guard then would smuggle the illegally purchased guns from the U.S. to Indonesia. Lawfully exporting the guns – which were included as defense articles on the U.S. Munitions List – required both an exporter’s license and a license covering the specific guns exported. No such licenses had been issued.
United States Attorney Emily Gray Rice commented, “The consequences of international gun trafficking can be grave. Firearms exported overseas illegally can easily end up in the wrong hands. International gun trafficking will be prosecuted to the fullest extent possible to protect innocent individuals, both American and foreign, from the criminal use of U.S. weapons abroad.” United States Attorney Rice added, “The fact that members of another country’s security force were the immediate beneficiaries of this scheme presented some unique challenges to this investigation. I am grateful for the incredibly valuable work of our law enforcement partners in detecting this scheme and in developing the evidence needed to shut it down.”
Lawrence Panetta, Acting Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco and Firearms stated, “Straw purchasing of firearms is one of the ways firearms are trafficked from legal to illegal commerce. With its federal, state and local law enforcement partners, ATF will continue to pursue and arrest anyone who commits this criminal act; where firearms are surreptitiously purchased, possessed and unlawfully transferred into the hands of those wanting to commit more crime.”
Sumilat will be sentenced on October 11, 2016. He faces a maximum sentence of five years and a fine of $250,000. One of Sumilat’s co-conspirators, Feky R. Sumual, also has been charged and is presently scheduled for trial on July 19, 2016.
This matter was investigated by the Bureau of Alcohol, Tobacco and Firearms in both Manchester, N.H., and in El Paso, Texas, as well as Immigration and Customs Enforcement, Homeland Security Investigations, in Manchester, N.H. The Bureau of Diplomatic Security of the U.S. Department of State, the Dover (N.H.) Police Department and the Indonesian National Police provided important support. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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Man Pleads Guilty to Manchester Bank RobberyRead the Press Release
CONCORD, N.H. – Ricardo Mejia, 25, a resident of Manchester, New Hampshire, pleaded guilty in the United States District Court to robbing a Manchester branch of the Northway Savings Bank.
According to documents filed in connection with Mejia’s plea, on September 19, 2015, Mejia entered a branch of the bank at 29 Cilley Road, Manchester N.H., wearing a dreadlock-style wig. Approaching the teller counter, Mejia reportedly instructed the teller to “[G]ive me all 100’s, 50’s, 20’s. I have a gun. Don’t give me any tainted money or I’ll come back and shoot you.” (Mejia did not display a gun.) The teller handed over cash in the requested denominations, and Mejia fled with the cash.
The court will determine Mejia’s sentence after it reviews a presentence investigation report prepared by the United States Probation & Pretrial Services Office. He will be sentenced on October 13, 2016. Mejia has been in custody since his arrest on related state charges and will remain in custody pending sentencing.
This case was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Bill Morse.
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New Hampshire Couple Indicted on Two Counts of Illegal Distribution of Prescription DrugsRead the Press Release
United States Attorney Emily Gray Rice announced that two New Ipswich, New Hampshire, residents have been indicted on charges that they conspired to distribute misbranded prescription drugs, including controlled substances, from India.
John and Plabplueng Hayes were each charged with one felony count of conspiracy to introduce misbranded drugs into interstate commerce and one felony count of conspiracy to use a communications facility, the United States mail, to facilitate a drug trafficking offense.
According to the indictment, the defendants were part of a multi-national drug distribution operation. The defendants allegedly conspired with each other, and with co-conspirators in India and North Carolina, to receive hundreds of thousands of prescription drugs, including controlled substances, from India and other foreign locations. The defendants received these drugs at U.S. Post Office boxes throughout New Hampshire and Massachusetts, stored the drugs at their residence in New Ipswich and reshipped them in smaller parcels to individual customers throughout the United States based on instructions from the co-conspirator located in India.
“Consumers rely on the FDA to ensure that their medications are safe and effective. When misbranded drugs are introduced into the U.S. marketplace, the potential danger to the public's health is great," said Jeffrey J. Ebersole, Special Agent in Charge, FDA Office of Criminal Investigations' New York Field Office. "The FDA will continue to pursue and bring to justice those who place the public's health at risk.”
This case was investigated by FDA’s Office of Criminal Investigations, the U.S. Department of Homeland Security, the U.S. Postal Inspection Service, and the Federal Bureau of Investigation. The case is being prosecuted by Assistant U.S. Attorney Arnold Huftalen and Special Assistant U.S. Attorney Scott Kaplan.
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.
Marlborough Man Sentenced on Federal Heroin and Firearm ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE: Robert Ervin, 20, of Marlborough, New Hampshire, was sentenced on Thursday in United States District Court for the District of New Hampshire on federal charges of distributing heroin, possessing heroin with the intent to distribute it, and possessing a firearm as a regular user of heroin, announced United States Attorney Emily Gray Rice. The Court imposed a four-year term of imprisonment, to be followed by a period of supervised release.
On October 8, 2015, law enforcement officers observed Ervin engaging in what appeared to be a suspicious hand-to-hand transaction in Keene, New Hampshire. When approached by the officers, Ervin admitted that he had just sold a small quantity of heroin, and a search of Ervin’s person and vehicle revealed the presence of additional heroin and a loaded firearm.
Several departments and agencies were involved in the investigation and prosecution, including the Keene, New Hampshire Police Department, Homeland Security Investigations (HSI) Manchester, the New Hampshire State Police, the New Hampshire Attorney General’s Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
The case was prosecuted by Assistant United States Attorney Nick Abramson.
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Manchester Woman Sentenced to 60 Months in Prison for Distributing Heroin and FentanylRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced that United States District Court Judge Landya McCafferty sentenced Tiffany Ramos to serve 60 months in federal prison. Ramos, who resided in Manchester prior to arrest, previously pleaded guilty to distributing controlled substances and possessing a controlled substance with intent to distribute.
According to documents that were filed in United States District Court and statements in court proceedings, Ramos, 27, sold heroin and fentanyl to a cooperating witness on three occasions in May and June of 2015. She was arrested on June 12, 2015, and found to be in possession of over 128 grams of fentanyl. Contrary to some media reports, the distribution charge to which Ramos pleaded guilty did not involve an overdose death.
According to statistics maintained by the State of New Hampshire, over half of the drug overdose deaths in New Hampshire in 2015 were related to fentanyl. Because a single gram of heroin or fentanyl can be used to create multiple individual dosage units that can be sold “on the street,” the quantity of fentanyl involved in this case could have generated hundreds of individual doses of fentanyl, each of which had the potential to cause a fatal overdose.
The case was investigated by the Drug Enforcement Administration, with assistance from other law enforcement agencies, including the New Hampshire State Police and the Manchester Police Department. The case was prosecuted by Assistant United States Attorneys Debra Walsh and John J. Farley.
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Manchester Man Pleads Guilty to Bank Robbery ChargeRead the Press Release
CONCORD, N.H. – Andrew Dufresne, 44, of Manchester, New Hampshire, pleaded guilty in the United States District Court to robbing the People’s United Bank, 1750 Elm Street, Manchester, New Hampshire on April 9, 2014.
In the course of the robbery, Dufresne walked into the bank and handed the teller a note demanding money. He then went behind the teller’s desk and reached into the teller’s cash drawer, taking bundles of bills in various denominations. Dufresne was arrested on April 11, 2014 in Methuen after crashing a stolen car in that city.
A sentencing hearing is scheduled for October 11, 2016. The court will sentence Dufresne after it reviews a presentence investigation report prepared by the United States Probation & Pretrial Services Office.
This case was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Helen White Fitzgibbon.
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New Hampshire Man Sentenced to 48 Months in Prison for September 2015 Bank Robbery in ManchesterRead the Press Release
Concord, N.H.—Emily Gray Rice, United States Attorney for the District of New Hampshire, announced that Jordan Caruso, 41, previously of Manchester, New Hampshire, was sentenced today for the robbery of a Bank of America branch location in September 2015. Senior United States District Judge Steven J. McAuliffe sentenced Caruso to prison for 48 months. Caruso was also sentenced to three years of supervised release that will begin after he is released from prison, restitution to the bank, and a mandatory $100 special assessment.
According to the indictment, statements made in court, and other public records in the case, on September 28, 2015, Caruso robbed a Bank of America branch location at 1000 South Willow Street, Manchester, New Hampshire. Although not actually armed, Caruso disguised himself with a hat, sunglasses, and tape on his nose and approached the teller with a demand note stating “I gotta gun, no die packs, money now, don’t play with me.” The teller complied, providing Caruso approximately $3,411 in bank funds. Caruso then fled the bank, discarding his disguise and retrieving his parked vehicle from a nearby location. Law enforcement was able to identify Caruso from bank and other surveillance with the assistance of several civilian resources. He was arrested about ten days later in Connecticut. A federal indictment charging Caruso with bank robbery in violation of Title 18, United States Code, Section 2113(a), was returned on December 16, 2015, and Caruso pleaded guilty on February 3, 2016.
The case was investigated by the Manchester Police Department with assistance from the Federal Bureau of Investigation, and is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
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Massachusetts Man Pleads Guilty to Firearm ChargeRead the Press Release
CONCORD, N.H. – Scott McNutt, 57, pleaded guilty in United States District Court for the District of New Hampshire to a federal indictment charging him with one count of possession of a firearm by a prohibited person in violation of federal law, announced United States Attorney Emily Gray Rice.
On November 28, 2014, the defendant was stopped for a traffic violation and found in possession of a stolen firearm. McNutt was prohibited from possessing a firearm or ammunition because he was previously convicted of felony possession of a Class A substance with intent to distribute, a crime punishable by imprisonment for a term exceeding one year.
McNutt’s plea agreement includes a binding stipulated sentence of 12 months’ incarceration. A sentencing hearing has been scheduled for October 11, 2016 in front of Chief United States District Judge Joseph LaPlante. At that time, the Court will decide whether to accept the plea agreement and impose the agreed-upon period of incarceration.
The case was investigated by the Exeter, New Hampshire Police Department and the Bureau of Alcohol Tobacco and Firearms. The case is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.
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Manchester Man Sentenced for Attempt to Traffic Crack CocaineRead the Press Release
CONCORD, N.H. – Juan A. Pichardo Mendez, 35, of Manchester, New Hampshire, was sentenced to 37 months in prison for charges stemming from his attempted possession of crack cocaine with the intent to distribute, reports United States Attorney Emily Gray Rice.
On August 1, 2014, Pichardo Mendez attempted to take possession of a box shipped from the Dominican Republic to a residential address in Manchester. The box was intercepted by Customs and Border Protection Agents in Puerto Rico when it passed through a Federal Express terminal at an airport. The agents found packages concealed in the flaps of the box that contained crack cocaine.
The Customs and Border Protection Agents sent the box on to Homeland Security Investigation agents in Manchester. On August 1, 2014, a Homeland Security Special Agent posing as a Federal Express employee delivered the box to the Manchester address. A man who lived at the premises accepted the delivery. At that point, other Homeland Security agents interviewed the man. He admitted accepting the box for Pichardo Mendez, who was waiting to hear when the box arrived. In the agents’ presence, the man sent a message to Pichardo Mendez that the box had arrived. Pichardo Mendez arrived at the premises shortly after he received the message, but before he retrieved the package he learned investigators were there and he left the area. Further investigation revealed evidence indicating that Pichardo Mendez had tracked the package from the time it was shipped from the Dominican Republic.
On May 20, 2015, a federal grand jury indicted Pichardo Mendez for attempted possession of crack cocaine with the intent to distribute and unlawful use of a communication facility for tracking the box over the internet. Pichardo Mendez pleaded guilty to both charges on March 16, 2016.
This case was investigated by Homeland Security Investigations. It was prosecuted by Assistant United States Attorneys Debra M. Walsh and Mark S. Zuckerman.
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New Hampshire Woman Pleads Guilty to Social Security FraudRead the Press Release
CONCORD, N.H. – Tonya Dailey, 44, of Franklin, pleaded guilty today in United States District Court for the District of New Hampshire to Social Security Fraud, announced United States Attorney Emily Gray Rice.
Dailey began receiving Social Security disability benefits in 1999. In June 2010, Dailey returned to self-employment, earning sufficient income to render her ineligible to receive any disability benefits. Although she reported her receipt of nominal earnings from a local Veterans of Foreign Wars Post during a review with the Social Security Administration (SSA) in 2014, Dailey did not report her income from self-employment to SSA. In May 2015, Dailey admitted to investigators that she concealed her self-employment from SSA because she knew her earnings would have disqualified her from receiving Social Security disability benefits. As a result of her concealment, Dailey received $30,230.78 in disability benefits that she would not have received if she had properly disclosed her self-employment income.
Dailey is facing a maximum sentence of five years in prison and is scheduled to be sentenced on October 4, 2016. She was released on conditions pending sentencing.
The case was investigated by the Social Security Administration’s Office of the Inspector General and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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Former Manchester Tax Preparer Sentenced for Filing False Tax ReturnsRead the Press Release
CONCORD, N.H. – Okello Odongo, 36, of Snellville, Georgia, was sentenced to 18 months in prison and ordered to pay $34,822 in restitution to the IRS for filing 19 false tax returns and fraudulently obtaining tax refunds reports United States Attorney Emily Gray Rice.
Odongo is a former resident of Manchester, New Hampshire, where he operated a tax return preparation business called Tax Smart Solutions Co. As a tax preparer, Odongo was authorized by the IRS to file tax returns electronically for his customers. One of the forms he filed electronically was an Allocation of Refund Form that instructed the IRS to directly deposit refunds into specified bank accounts. The form allowed a refund to be allocated to two or more bank accounts.
In 2011 and 2012 Odongo filed false tax returns on behalf of some of his customers that fraudulently overstated the amounts of the tax refunds they were entitled to claim. Odongo also filed Allocation of Refund Forms that directed the IRS to electronically deposit the fraudulent portions of the refunds to bank accounts Odongo held or had access to. None of Odongo’s customers knew that he used their doctored tax returns as a vehicle to defraud the IRS.
This case was investigated by the Internal Revenue Service, Criminal Investigations. It was prosecuted by Assistant United States Attorney Mark S. Zuckerman.
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Dominican Man Sentenced After Pleading Guilty to Misrepresenting A Social Security Number and Falsely Claiming to Be A U.S. CitizenRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Alberto Martinez, of the Dominican Republic pleaded guilty to a two-count indictment charging him with misrepresenting a social security number and falsely claiming to be a U.S. citizen. He was sentenced to time served.
On November 5, 2015, the defendant attempted to renew a New Hampshire driver’s license that he had acquired under a false identity in which he used a social security number that was not assigned to him. When a New Hampshire State Trooper began questioning him, Martinez claimed to be a United States Citizen born in Puerto Rico. Martinez had completed a license renewal form on which he affirmatively stated that he was a United States Citizen.
Immigration and Customs Enforcement officers arrived to assist the New Hampshire State Police. After the defendant was informed that ICE intended to take his fingerprints for comparison to known fingerprints maintained by ICE, the defendant admitted that his true name was Alberto Martinez, that he is a citizen of the Dominican Republic born in the Dominican Republic in August 1965, and he stated he illegally entered the United States in 2009 by walking across the United States border with Mexico.
ICE officers proceeded to fingerprint the defendant. IAFIS indicated that the fingerprint impressions submitted were an exact match to a defendant with a criminal history in Massachusetts under the false name the defendant had been using.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and the New Hampshire State Police. Assistant U.S. Attorney Alfred Rubega prosecuted this case.
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Mexican Man Sentenced for Illegal Reentry After DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Jose Zepeda-Del Toro, 35, of Mexico, pleaded guilty today to illegally reentering the United States after having been previously deported. Zepeda-Del Toro was sentenced to time served since his arrest on March 24, 2016. He will now be deported.
On March 24, 2016, Deportation Officers encountered Zepeda-Del Toro in Nashua, New Hampshire as part of an investigation involving the defendant’s brother. One of the Deportation Officers asked the defendant if he was legally present in the United States, whereupon the defendant admitted he was not, and that he last entered the U.S. illegally sometime after April of 2014. Zepeda-Del Toro was then taken into ICE custody for being illegally present in the U.S. and transported to the ICE-ERO office in Manchester, New Hampshire for administrative processing.
Fingerprints taken at the time of the defendant’s arrest were compared to known fingerprints of the defendant on file as the result of previous deportations. The defendant’s prints matched the known prints and identified the defendant as having been deported on April 19, 2014 and again on April 25, 2014.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Alfred Rubega.
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Brazilian Man Sentenced for Illegal Reentry After DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE –United States Attorney Emily Gray Rice announced today that Elismar Dasilva-Gomes, 40, of Brazil, pleaded guilty to illegally reentering the United States after having been previously deported. He was sentenced to the time served since his arrest on February 29, 2016. Dasilva-Gomes will now be deported.
A law enforcement officer conducting a routine investigation observed the defendant’s vehicle backed right up to the front door of a Verizon Wireless store. The officer approached the defendant, who was employed at the store, and asked for identification. Dasilva-Gomes provided a Brazilian passport as his only form of identification.
The officer sought the assistance of Immigration and Customs Enforcement – Enforcement and Removal Operations in positively identifying the defendant. An ICE-ERO officer ran complete criminal and immigration histories and found a record for a Brazilian national who was arrested and deported in 2005. The ICE-ERO officer sent a photo of the individual who was deported in 2005 to the local law enforcement officer, who confirmed that it matched the defendant.
On February 29, 2016, Dasilva-Gomes was booked and processed at the ICE office in Manchester. Fingerprints obtained from at that time were compared to fingerprints on file with ICE and were determined to match known fingerprints of the defendant on the occasion of his previous deportation in 2005.
The case was investigated by the U.S. Department of Homeland Security, Bureau of Immigration and Customs Enforcement and prosecuted by Assistant U.S. Attorney Alfred Rubega.
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Manchester Man Sentenced on Bank Robbery ChargeRead the Press Release
CONCORD, N.H. – Eric Michael D’Aoust, 30, of Manchester, New Hampshire, appeared in U.S. District Court today and was sentenced to 63 months in federal prison for committing three bank robberies in Manchester, New Hampshire in November of last year.
The defendant, who was identified by bank personnel and through surveillance video, robbed the Granite State Credit Union at 1415 Elm Street on November 9, 2015. On November 12, 2015 D’Aoust robbed the TD Bank at 300 Franklin Street and on November 13, 2015 D’Aoust robbed the TD Bank at 1255 South Willow Street. In the course of each robbery, the defendant entered the bank and passed a note to the teller demanding that the teller give him all the cash in the drawers.
The defendant was arrested on November 13, 2015 in the area of the TD Bank on South Willow Street shortly after the robbery. At the time of his arrest, the defendant had an amount of money on his person consistent with the amount stolen from the TD Bank. In January, 2016, the defendant was indicted by a Federal Grand Jury and on March 8, 2016, D’Aoust pled guilty before United States Chief Judge, Joseph Laplante.
The defendant will be supervised by United States Probation for a period of three years after his release from prison.
This case was investigated by the Manchester Police Department with the assistance of the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Helen White Fitzgibbon.
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Man Pleads Guilty to Using False Information to Obtain FirearmsRead the Press Release
CONCORD – United States Attorney, Emily Gray Rice announced today that Nana Kofi Baffoe, 63, appeared before United States District Court Chief Judge Joseph Laplante and pleaded guilty to two charges of making false statements related to the purchase of firearms.
According to documents that were filed in United States District Court and statements in the plea proceeding, on February 4, 2015, Baffoe purchased two Ruger .45 caliber pistols from a federally licensed firearms dealer in Hudson, New Hampshire. In purchasing these handguns, Baffoe filled out a form where he stated that he resided at a location in Manchester, New Hampshire. A subsequent law enforcement investigation showed that this statement was false. At the time of the purchase, Baffoe was residing in Canada and never resided at the address in Manchester. Under federal law, the firearms dealer could not have lawfully sold the firearms to the defendant if he was not a resident of New Hampshire.
Baffoe was originally arrested on May 26, 2015. According to an affidavit previously filed in federal court, Baffoe entered the United States from Canada at a border crossing on May 18, 2015. A few days later, he met with a firearms dealer in Nashua, New Hampshire and sought to purchase 100 handguns. However, that subsequent transaction did not take place.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives with assistance from the Manchester Police Department, Nashua Police Department, the New Hampshire State Police, Office of Inspector General of the Social Security Administration, the U.S. Department of Commerce, Homeland Security Investigations, and the U.S. State Department. It is being prosecuted by Assistant United States Attorney John J. Farley.
A sentencing hearing has been scheduled for September 19, 2016.
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Former Amherst Woman Convicted of Social Security FraudRead the Press Release
CONCORD, N.H. – United States Attorney Emily Gray Rice announced that Judith Bayly, 64, formerly of Amherst, was convicted yesterday by a jury in the United States District Court for the District of New Hampshire on one count of Social Security Fraud and one count of Theft of Public Funds.
Bayly applied for Social Security disability benefits in August 2008. Eligibility for disability benefits under the Supplemental Security Income program is based, in part, on the applicant having limited income and resources. At the time she applied, Bayly was receiving monthly alimony payments from her former spouse in an amount that would have rendered her ineligible for any benefits, but she failed to disclose this income to Social Security. As part of a review of her claim by Social Security in February 2013, Bayly underreported the amount of alimony she received and falsely reported that her alimony payments had begun one month prior in order to continue to receive disability benefits. She concealed the true value of her alimony payments from the Social Security Administration from the time of her application in 2008 until her fraud was uncovered by an investigation in March 2014. As a result of her concealment, Bayly fraudulently received $17,728 in Supplemental Security Income benefits that she would not have received if she had truthfully reported her receipt of alimony.
Bayly is scheduled to be sentenced on October 4, 2016. She was released on conditions pending sentencing.
This case was investigated by the Social Security Administration’s Office of the Inspector General and prosecuted by Special Assistant United States Attorney Karen Burzycki.
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