District of New Hampshire
Press releases recorded for this federal judicial district.
Man Indicted for Filing False Tax ReturnsRead the Press Release
CONCORD, N.H. – Okello Odongo, 36, of Snellville, Georgia, was indicted in United States District Court for the District of New Hampshire on 19 counts of filing false tax returns and fraudulently obtaining tax refunds reports Acting United States Attorney Donald Feith.
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.
The indictment alleges that in 2011 and 2012 Odongo filed false tax returns on behalf of some of his customers that overstated the amounts of the tax refunds they were entitled to claim. The indictment also alleges that Odongo 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.
An initial appearance hearing was held on December 3, 2015, at which Odongo pleaded not guilty to the pending charges.
A trial has been scheduled for January 5, 2016. If convicted, Odongo is facing a maximum of five years in prison on each of the 19 counts of the indictment.
This case was investigated by the Internal Revenue Service, Criminal Investigations. It is being prosecuted by Assistant United States Attorney Mark S. Zuckerman.
An indictment is merely an allegation and a defendant is presumed innocent unless and until proven guilty.
New Hampshire Company Pleads Guilty to Hacking into A Competitor’s Computer System for Commercial AdvantageRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith, and FBI Special Agent in Charge, Harold H. Shaw, announced today that General Linen Services, LLC of Somersworth, New Hampshire, formerly known as General Linen Service Co., Inc. (General Linen Somersworth) pled guilty to violating computer hacking in violation of Title 18, United States Code, Sections 1030(a)(2)(C) & (c)(2)(B)(i). Earlier this month, charges were filed alleging that between September 2009 and April 8, 2010 the company “intentionally accesses a computer without authorization, and thereby obtained information from a protected computer,” a computer used in interstate commerce, “and the offense was committed for purposes of commercial advantage and private financial gain … .”
Today General Linen Somersworth appeared before United States District Judge Steven J. McAuliffe and entered a guilty plea on the company’s behalf. The facts to which the company has agreed in its plea include that in September 2009 its former information technology (IT) director, accessed, without authority, the computer server of a competitor with a similar name, General Linen Services Co. Inc. of Newburyport, Massachusetts. The IT director then shared the login information with others at the company, who then repeatedly accessed the competitor’s computer system, downloading approximately 1,100 of their competitor’s invoices for use in sales efforts directed at the competitor’s customers. The FBI’s examination of the victim’s computer system proved that between September 2009 and April 8, 2010 there were 157 instances of unauthorized access to the victim company’s computer system and that the majority of those intrusions originated at the office of the defendant, General Linen Somersworth.
“Small businesses often rely on relatively small profit margins in their day-to-day business,” stated Acting United States Attorney Donald Feith. “These tight profit margins can be harmed, and the survival of a small business can be compromised, when competitors engage in criminal activity to gain a marketing advantage. This case demonstrates that a relatively small New Hampshire company hacked into the computer system of one of its competitors and stole over 1,000 invoices in an effort to steal customers from its competitor. This case should stand as an example to all business in New Hampshire that the FBI and the U.S. Attorney’s Office do not limit their investigations of computer hacking to Fortune 500 companies. All businesses are entitled to the safe and secure use of their computers and the Internet, and when hacking is suspected investigations and prosecutions will take place.”
The defendant is scheduled to be sentenced on March 26, 2016 and faces a maximum sentence of five years’ probation, up to a $500,000 fine, and may be ordered to pay restitution to the victim of its crime, General Linen Newburyport.
This case was investigated by the Federal Bureau of Investigation, Boston Field Office, and is being prosecuted by Assistant United States Attorney Arnold H. Huftalen.
Massachusetts Man Pleads Guilty to Transporting an Individual for ProstitutionRead the Press Release
CONCORD, NEW HAMPSHIRE - Rafael Reyes, 33, of Boston, Massachusetts, appeared in United States District Court on Thursday and pled guilty to crimes involving the transportation of a minor in interstate commerce for prostitution, announced Acting U.S. Attorney Donald Feith.
In February of 2014, Homeland Security Investigations, Manchester, New Hampshire, and the Salem, New Hampshire Police Department, with the assistance of the Boston Police Department, rescued a minor female who was engaging in prostitution from a Salem hotel room. Upon further investigation, authorities identified multiple individuals who were involved in the scheme to transport the female from Boston, Massachusetts to Salem, New Hampshire for prostitution, including Reyes.
Reyes is scheduled to be sentenced in March 2016.
The case was investigated by the Manchester, New Hampshire Homeland Security Investigations and the Salem Police Department, in conjunction with the police departments of Boston, Massachusetts and Manchester, New Hampshire, as well as the New Hampshire Internet Crimes Against Children Task Force (NH ICAC). This case is being prosecuted by Assistant United States Attorneys Nick Abramson and Helen Fitzgibbon.
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.
Massachusetts Man Pleads Guilty to Drug ChargesRead the Press Release
CONCORD, N.H. – Luis Nieves, 33, of Haverhill, Massachusetts pleaded guilty in the United States District Court for the District of New Hampshire to one count of possessing fentanyl with the intent to distribute it, announced Acting United States Attorney Donald Feith.
On June 24, 2015, Nieves was arrested while attempting to deliver over two kilograms of the narcotic controlled drug fentanyl to a purchaser in Manchester, New Hampshire. According to the plea agreement, Nieves is responsible for at least 4 kilograms but less than 12 kilograms of fentanyl. Nieves is scheduled for sentencing on March 7, 2016. He is facing a maximum statutory sentence of twenty years in prison and criminal fines of up to $1,000,000.
This prosecution arose from an investigation conducted by the Drug Enforcement Administration, the Manchester Police Department and the Massachusetts State Police. The case is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.
Dorchester Man Sentenced for Conspiring to Transport an Individual for ProstitutionRead the Press Release
CONCORD, NEW HAMPSHIRE - Enoc Ayuso, 26, of Dorchester, Massachusetts, was sentenced on Wednesday in the United States District Court for the District of New Hampshire on one count of conspiring to transport an individual in interstate commerce for prostitution, announced Acting U.S. Attorney Donald Feith. The Court imposed the statutory maximum sentence of 5 years’ imprisonment, to be followed by a period of supervised release.
In February of 2014, Homeland Security Investigations, Manchester, New Hampshire, and the Salem, New Hampshire Police Department, with the assistance of the Boston Police Department, rescued a minor female who was engaging in prostitution from a Salem hotel room. Upon further investigation, authorities identified multiple individuals who were involved in the scheme to transport the female from Boston, Massachusetts to Salem, New Hampshire for prostitution, including Ayuso.
The case was investigated by the Manchester, New Hampshire Homeland Security Investigations and the Salem Police Department, in conjunction with the police departments of Boston, Massachusetts and Manchester, New Hampshire, as well as the New Hampshire Internet Crimes Against Children Task Force (NH ICAC). This case is being prosecuted by Assistant United States Attorneys Nick Abramson and Helen Fitzgibbon.
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.
Barnstead Man Sentenced to Two Years on Probation for Social Security FraudRead the Press Release
CONCORD, N.H. – Craig Luksza, 34, of Barnstead, who pleaded guilty to one count of Social Security Fraud on June 9, 2015, was sentenced today to two years’ probation and was ordered to make full restitution to the Social Security Administration, announced Acting United States Attorney Donald Feith.
From July 2010 through July 2014, Luksza fraudulently received Social Security disability benefits. These benefits are paid to individuals who have a severe impairment that prevents them from performing their past work or any other substantial gainful work that exists in the national economy. Shortly after he applied for disability benefits in December 2009, Luksza returned to work full-time at a construction company. His income from this job would have rendered him ineligible to receive any disability benefits, but Luksza did not report his work activity to the Social Security Administration (SSA) as required. Instead, in December 2013, he falsely told SSA that he had not worked since December 2008 and, specifically, that he had not worked at a construction company. As a result of his concealment, Luksza received $71,180.50 in disability benefits that he would not have received if Social Security had been aware of his actual work activity and income.
Luksza was sentenced by United States District Court Judge Steven J. McAuliffe.
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.
Manchester Man Sentenced to 77 Months on Bank Robbery ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Shane Mitchell, 32, of Manchester, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire on one count of bank robbery, announced Acting United States Attorney Donald Feith. The Court imposed a term of 77 months imprisonment, three years of supervised release and full restitution to the victim bank.
Mitchell walked into a TD Bank in Manchester, New Hampshire, on March 7, 2015 and handed the teller a note demanding money. The note, written in pencil on blue-lined paper stated something to the effect of, “Put the cash in the bag and no yelling or screaming. I have a weapon if anyone wants to live.” Mitchell made off with $600 in stolen funds.
That same day, police traced Mitchell to a nearby apartment building where the stolen money and distinctive items of clothing worn during the robbery were found. Police also recovered a pencil and blue-lined notepad consistent with the demand note.
This case was investigated by the Manchester Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Georgiana Konesky.
Three Individuals Sentenced for Distributing Synthetic CannabinoidsRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced today that three men who were involved in a scheme that distributed in excess of 1,000 kilograms of illegal synthetic cannabinoid products have been sentenced in federal court.
On November 24, 2015, Chief United States District Judge Joseph Laplante sentenced Robert Costello (71) of Lawrence, Massachusetts to 60 months in prison. Costello had pleaded guilty on February 12, 2015, to guilty to conspiracy to travel in interstate commerce with the intent to commit a drug trafficking crime and to traveling in interstate commerce with the intent to commit a drug trafficking crime.
On November 23, 2015, Judge Laplante sentenced Kyle Hurley (33) of Seabrook, New Hampshire to 114 months in prison. Hurley had pleaded guilty on February 12, 2015, to participation in a conspiracy to distribute, and possess with intent to distribute, controlled substances.
Earlier this month, on November 9, 2015, Judge Laplante sentenced Sean Nolan (33) of Concord, New Hampshire to 21 months in prison. Nolan had pleaded guilty on April 23, 2015, to distributing a controlled substance.
Court documents show that Hurley and Costello were arrested on March 28, 2014, after they arranged to deliver approximately 74 15-kilogram bags of synthetic cannabinoid products to undercover law enforcement officers. The synthetic cannabinoid products contained AB-FUBINACA, an illegal controlled substance.
As described in court documents, Hurley and Costello worked together to manufacture and distribute synthetic cannabinoids that were sold in packages bearing a variety of brand names, including “Scooby Snax,” “Bizarro,” “Toxic Blue Magic,” and “Caution Platinum.” These products, which were then sold in convenience stores and at other locations, contained chemicals that are unlawful controlled substances, including XLR-11 and AB-FUBINACA.
Court documents show that Sean Nolan had assisted Hurley in the distribution of these products. After the arrest of Hurley and Costello, Nolan sold a quantity of AB-FUBINACA to an undercover law enforcement officer.
Two other individuals also have been charged as a result of this investigation.
The resident of the Epping location, Ryan Johnson (32), pleaded guilty on May 26, 2015, to conspiracy to introduce misbranded drugs into interstate commerce. A sentencing date for Johnson has not yet been set.
Tony Aoude (44) of Derry, New Hampshire has been indicted on charges related the distribution of synthetic cannabinoids. The indictment charges Aoude with Distributing a Controlled Substance (AB-FUBINACA), Conspiracy to Violate the Travel Act, and Conspiracy to Receive Misbranded Products, as well as separate violations the federal Travel Act and the federal misbranding statute. According to the Indictment, Aoude sold synthetic cannabinoid products at stores in Londonderry and Hooksett, New Hampshire in 2013 and 2014. Aoude has pleaded not guilty and is scheduled for trial on February 2, 2016.
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
Synthetic cannabinoids are green leafy materials that have been sprayed with chemicals. These products (commonly referred to as “spice” or “K2”) are often marketed as incense or potpourri. As in this case, the packaging materials often contain attractive logos that are designed to appeal to young people. Although the products are often identified as “not for human consumption,” the products are smoked in order to obtain a high. The chemicals that are sprayed on the products to produce the high are often illegal controlled substances or analogues of illegal controlled substances. The ingestion of these types of illegal products has caused some users to experience a variety of medical side effects and has led to numerous hospitalizations.
The investigation is continuing.
This case was supported by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. The Drug Enforcement Administration’s Tactical Diversion Squad led the investigation in collaboration with the US Postal Inspection Service and Homeland Security Investigations. The investigators also received the invaluable assistance of DEA-NH/HIDTA and DEA’s Air Wing, the New Hampshire and Massachusetts State Police, the U.S. Marshal Service, Portsmouth Police Department, Somersworth Police Department, Kingston Police Department, Dover Police Department, and the York and Kittery, Maine Police Departments. It is being prosecuted by Assistant United States Attorney John J. Farley.
Man Sentenced for Fraudulent Employment Visa SchemeRead the Press Release
CONCORD, N.H. – Jae Won Lee, 38, of Rockville, Maryland, was sentenced to three years’ probation for a visa fraud scheme in which he caused others to make false statements on visa applications filed with the National Visa Center in Portsmouth, New Hampshire, reports Acting United States Attorney Donald Feith.
Under the employment-based visa program, U.S. employers who cannot fill jobs with U.S. based workers are able to fill those positions with qualified immigrants. The U.S. employers who sponsor immigrants seeking employment-based visas must have jobs available when the immigrants arrive in the United States.
Lee worked with an emigration company in Seoul, South Korea, that charged South Koreans as much as $35,000 to obtain employment-based visas to immigrate to the United States. From in and around March 2008, through in and around December 2014, Lee recruited various U.S. employers, including Wallace Enterprises, Inc. d/b/a The Cleaning Authority, a company in Falls Church, Virginia, to file various documents falsely representing to the United States government that they would hire certain visa applicants if the applicants received employment-based visas, when, in actuality, no positions were available for the applicants. Lee told some employers they were not required to hire the applicants and he paid or offered to pay some employers for filing false documents.
Lee also falsely informed visa applicants that Wallace or other employers would hire them if they were granted visas. That caused the applicants to unwittingly file Applications for Immigrant Visa and Alien Registration with the National Visa Center that contained materially false information identifying Wallace and other companies as the U.S. employers who would hire them if they were issued visas. Lee’s actions resulted in applicants receiving employment-based visas when there was no job waiting for them in the United States.
U.S. Department of State, Assistant Inspector General for Investigations, Geoffrey Cherrington, said, “When an immigrant is issued a fraudulent employment-based visa and does not work for the employer who submits the petition, it deprives another immigrant of the ability to legitimately immigrate, deprives other U.S. employers of opportunities to fill vacant positions, and takes away employment opportunities that could have been afforded to U.S. citizens.”
“Jae Won Lee’s criminal actions deprived law abiding immigrants and U.S. citizens from filling positions available within the United States,” stated Special Agent in Charge Steven D. Anderson, of the Washington Regional Office, U.S. Department of Labor - Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
The United States Attorney’s Office sought a sentence of 15 months incarceration in the case.
This case was the result of an investigation conducted by the U.S. Department of State, Office of Inspector General; the U.S. Department of Labor, Office of Inspector General; and the U.S. Department of Homeland Security, Homeland Security Investigations, in coordination with the United States Citizenship and Immigration Services. It was prosecuted by Assistant United States Attorney Mark S. Zuckerman.
Massachusetts Man Sentenced to 30 Months for Illegal Possession of Firearm in New HampshireRead the Press Release
CONCORD, N.H. – Jeremy Robinson, 26, of Hyannis Massachusetts, was sentenced in the United States District Court for the District of New Hampshire for illegal possession of a firearm and ammunition, announced Acting United States Attorney Donald Feith. Chief U.S. District Judge Joseph Laplante imposed a sentence of 30 months imprisonment, three years supervised release, and a mandatory special assessment of $100.
On August 11, 2015, Robinson pleaded guilty to a one-count indictment charging him with illegal possession of a firearm and ammunition in violation of 18 U.S.C. § 922(g)(1).
According to the indictment and other statements made in court, Robinson travelled to New Hampshire in November 2014 and possessed an H&K 9mm pistol and ammunition manufactured by Fiocchi at a firing range in Manchester. At the time, Robinson was prohibited from possessing a firearm as a result of a prior felony conviction. Robinson subsequently posted videos and photographs of his operation of the rented firearm to social media websites.
Robinson is currently incarcerated in Massachusetts on an unrelated conviction, and Chief Judge Laplante ordered his federal sentence to run consecutive to his state incarceration.
This matter was jointly investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Barnstable Police Department, and the Barnstable Sheriff's Office. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
Campton Man Sentenced to Year in Prison for Manufacturing MarijuanaRead the Press Release
CONCORD, N.H. - Peter Apicelli, 31, of Campton, N.H., was sentenced in the United States District Court for the District of New Hampshire on one count of manufacturing marijuana, announced Acting United States Attorney Donald Feith. Senior U.S. District Judge Joseph DiClerico imposed a sentence of 12 months and a day imprisonment, 2 years supervised release, and a mandatory special assessment of $100.
A federal jury in Concord found Apicelli guilty of federal marijuana manufacturing charges following a three day trial in July 2015.
According to the evidence at trial, in September 2013, Apicelli was renting a property in Campton, N.H. Following a tip, law enforcement investigated and found an outdoor marijuana grow on the property about 200 yards from the residence. A law enforcement temporary surveillance camera then captured video of a male individual wearing a red back-pack and tan shorts tending to the plants on September 14. After obtaining a search warrant for the house, police located an indoor marijuana grow in the basement, drying marijuana, packaged marijuana, scales and other packaging materials, as well as evidence indicating that Apicelli lived there, including a red back-pack and tan shorts. All told, over 120 marijuana plants were seized from the house and grounds.
Apicelli was ordered to surrender to the Bureau of Prisons on January 8, 2016.
This matter was jointly investigated by the Campton Police Department, the Grafton County Sheriff’s Office, and the New Hampshire State Drug Task Force, with assistance from the New Hampshire State Police Forensic Laboratory. The case is being prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
Somersworth Man Sentenced to 33 Months on Bank Robbery ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Todd Elliott, 22, of Somersworth, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire on one count of bank robbery, announced Acting United States Attorney Donald Feith. The Court imposed a term of 33 months imprisonment, three years of supervised release and full restitution to the victim bank.
Elliott walked into a Citizens Bank in Somersworth, New Hampshire, on November 10, 2014 and gave the teller a note demanding money. The teller gave Elliott a quantity of United States Currency as well as a dye pack resembling a stack of bills. As Elliott ran from the bank, the dye pack exploded which led to his apprehension shortly thereafter.
This case was investigated by the Somersworth Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
Vermont Man Pleads Guilty to Drug and Gun ChargesRead the Press Release
CONCORD, N.H. – Robert Orth, 30, of South Ryegate, Vermont, pleaded guilty today in the United States District Court for the District of New Hampshire to one count of possessing more than 100 grams of heroin with the intent to distribute it, one count of possessing a firearm in furtherance of his drug trafficking activities, and one count of possessing a firearm as a previously convicted felon, announced Acting United States Attorney Donald Feith.
On May 29, 2014, during a motor vehicle stop in Nashua, New Hampshire, Nashua police officers recovered more than 200 grams of heroin and a loaded handgun in a jacket belonging to Orth, already a convicted felon. During a subsequent interview, Orth admitted that the heroin and the handgun belonged to him.
“Our office is committed to investigate and prosecute those individuals who traffic in heroin,” stated Acting United States Attorney Donald Feith. “Individuals who choose to profit from trafficking heroin can expect to serve significant sentences in federal prison upon conviction. The ten-year sentence in this case insures that the public will be protected from Mr. Orth’s drug trafficking for the next decade.
Orth is scheduled for sentencing on February 16, 2016. Orth is facing a maximum statutory sentence of life in prison and criminal fines of up to $5,000,000. Under the terms of a plea agreement resolving the case, which the court reserved accepting until the sentencing date, Orth will serve a sentence of ten years in federal prison.
This prosecution arose from an investigation conducted by several officers and detectives of the Nashua, New Hampshire Police Department, with assistance from the Bureau of Alcohol, Tobacco, Firearms and Explosives, New Hampshire. The case is being prosecuted by Assistant United States Attorneys Nick Abramson and Seth Aframe.
Manchester Man Pleads Guilty to Firearm ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Nathan Tremblay, 22, of Manchester, New Hampshire, appeared in United States District Court today and entered a guilty plea to one count of possession of a firearm by a prohibited person in violation of federal law, announced Acting United States Attorney Donald Feith.
On August 10, 2014, Tremblay was a passenger in a vehicle that was subject to a traffic stop by the Concord Police Department. The defendant was carrying a Taurus handgun and 34 rounds of Hornady 9 caliber ammunition. Concord Police also seized a backpack belonging to the defendant, and after searching it with the defendant’s consent, found three small plastic baggies containing the controlled substance marijuana. The defendant was a regular user of the controlled substance marijuana at the time he possessed the firearm. Tremblay faces a maximum sentence of ten years in prison and criminal fines of up to $250,000. Sentencing is presently scheduled for February 10, 2016.
“The combination of firearms and drug use presents a particularly dangerous potential harm to the public,” stated Acting United States Attorney Donald Feith. “Our office will continue to combat the threat posed when unlawful users of controlled substances possess firearms.”
This case was investigated by the Concord Police Department and the Bureau of Alcohol Tobacco, Firearms and Explosives. The case is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.
Massachusettes Man Sentenced to 147 Months in Federal Prison on Drug Distribution and Firearms ChargesRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced that Roger Perkins, age 33, formerly of Methuen, Massachusetts, was sentenced to 147 months in federal prison for conspiracy to possess with the intent to distribute 28 grams or more of cocaine base (“crack”), possession of a firearm by a convicted felon, and possession of a firearm in furtherance of a drug trafficking crime. Perkins pleaded guilty to the charges on July 21, 2015.
On March 25, 2014, the Laconia Police executed search warrants on Perkins’ vehicle and for a residence associated with Perkins. The police seized $317 cash, 42 grams of cocaine, 15.25 grams of cocaine base (“crack”), a quantity of psychedelic mushrooms, a small amount of MDMA, and a box containing 100 razor blades from Perkins’ vehicle. The search of the residence resulted in the seizure of four firearms, three of which were loaded. Police also recovered 21 grams of cocaine and 6.87 grams of cocaine base (“crack”), $1,000 cash and two digital scales from inside a safe located in a bedroom closet.
As part of his plea agreement, Perkins admitted that he conspired with Windyanne Plunkett to possess the drugs with the intent to distribute them from the residence. On July 29, 2015, Plunkett, 31, of Laconia, appeared before Judge McCafferty and pleaded guilty to the drug conspiracy charge. Plunkett is scheduled to be sentenced on January 11, 2016.
Perkins was a person prohibited from possessing firearms as a result of his December 20, 2005 felony conviction in the Belknap County Superior Court of Possession of Cocaine.
Judge McCafferty sentenced Perkins to 87 months of imprisonment for the drug trafficking and felon in possession charges. Judge McCafferty then imposed an additional mandatory consecutive sentence of 60 months of imprisonment for Perkins’ possession of firearms in furtherance of his drug trafficking.
Upon release from the Federal Bureau of Prisons, Perkins will be on supervised release under the supervision of the United States Probation Office for at least five years and as much as life. Should Perkins violate the terms of his supervised release, he could be sentenced to an additional prison term.
The investigation was conducted by the Laconia Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
Honduran Man Guilty of Illegally Reentering the United States After Previous DeportationsRead the Press Release
CONCORD, NEW HAMPSHIRE – Kelvin Fabricio Lemus-Villatoro, of Honduras, pleaded guilty to an Indictment charging him with illegally reentering the United States after having been previously deported, announced Acting United States Attorney Donald Feith.
Lemus-Villatoro was found in Manchester, New Hampshire, on July 24, 2015 when he was observed by agents of the Department of Homeland Security Immigration and Customs Enforcement operating a motor vehicle. Investigation of Lemus-Villatoro began when he was previously encountered by the New Hampshire State Police and charged with Driving without a License. Biographical information received from the New Hampshire State Police showed that Lemus-Villatoro had an immigration history which included the two deportations from the United States to Honduras, one on August 22, 2008, from Alexandria, Louisiana, and another February 17, 2009, from Dallas Fort Worth, Texas.
Lemus-Villatoro pled guilty to knowingly reentering the United States after previously having been deported to his native Honduras and was sentenced to time served since his arrest by Bureau of Immigration and Customs Enforcement on August 20, 2015.
Lemus-Villatoro will again be deported.
The case was investigated by the Department of Homeland Security and prosecuted by Assistant U.S. Attorney Alfred Rubega.
Honduran Man Guilty of Illegally Reentering the United States After Previous DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE – Maynor Wenden Aleman-Troches, of Honduras, pled guilty this afternoon to a one-count Indictment alleging that he illegally reentered the United States after having been previously deported.
On September 13, 2015 agents of the Department of Homeland Security Immigration and Customs Enforcement performed a stop of a vehicle Aleman-Troches was operating. One of the officers approached the vehicle, spoke directly to Aleman-Troches, asking him his name, what country he was from, and whether he had any immigration documents that would allow him to be in the United States legally. Though Aleman-Troches gave the agents a false name, he admitted being from Honduras and to lacking any documents which would allow him to be in the United States legally. After his arrest, fingerprint analysis confirmed Aleman-Troches’s true identity. A further investigation established that Aleman-Troches had previously been deported on March 13, 2006, August 9, 2007 and March 30, 2009, to his native Honduras.
Aleman-Troches will be sentenced at 11:00 AM on February 2, 2016, and will be deported after serving his sentence.
The case was investigated by the Department of Homeland Security and prosecuted by Assistant U.S. Attorney Alfred Rubega.
Winchester Man Pleads Guilty to Heroin Conspiracy Charge Faces at Least A Ten Year Federal SentenceRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced today that Jamie Hilow, age 28, of Winchester, New Hampshire pleaded guilty before United States District Judge Landya B. McCafferty to Conspiracy to Distribute one kilogram or more of heroin, in violation of Title 21, United States Code, Sections 846 and 841.
An offer of proof made during the change of plea hearing established that Hilow was employed as a runner for a drug trafficking organization headed, authorities allege, by Ross Gould, age 28, of Richmond, New Hampshire. Hilow distributed heroin for Gould to numerous individuals in and around Keene. On March 16, 2015, Gould was charged federally with possession with the intent to distribute heroin after search warrants executed at his Richmond, New Hampshire residence and another residence utilized by Gould to store narcotics on March 10, 2015 resulted in the seizure of over a kilogram of heroin, a large quantity of cocaine, prescription pills, currency, and 14 firearms.
“The United States Attorney’s Office is committed to working with our local, state and federal law enforcement partners to address the significant presence of heroin in New Hampshire,” stated Acting United States Attorney Donald Feith. “This case is a classic example of the results that can be achieved when resources are pooled and directed towards the sources of this dangerous drug.”
Hilow is detained pending his sentencing on February 16, 2016. Hilow faces a mandatory minimum sentence of ten years of imprisonment and a maximum sentence of life, a fine up to 10 million dollars and a term of supervised release of at least five years and as much as life. Supervised release is a period following Hilow’s incarceration during which he will be under the supervision of the United States Probation Office.
The investigation was conducted by the: (1) Immigration and Customs Enforcement, Homeland Security Investigations; (2) New Hampshire Attorney General’s Drug Task Force; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) New Hampshire State Police; (5) Keene, New Hampshire Police Department; (6) Richmond, New Hampshire Police Department; and (7) Salem, New Hampshire Police Department. Assistant United States Attorney Jennifer Cole Davis is prosecuting the case.
Maine Man Pleads Guilty to Clean Water Act ViolationRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced that Christopher Garrity, of Leeds, Maine has pleaded guilty to a one-count information alleging that he discharged a pollutant into a navigable water, in this case the Piscataqua River, without a permit, in violation of the federal Clean Water Act.
On June 26, 2013, agents of the Environmental Protection Agency Criminal Investigations Division were called to the New Hampshire facility of Grimmel Industries, L.L.C., after the Portsmouth Harbor Master discovered polluted water from a tanker truck located on the Grimmel facility being discharged through a hose directly to the Piscataqua River. Garrity was employed as the terminal manager at the time of the discharge and he was aware that the tanker truck storage of the polluted water was part of a civil agreement between Grimmel Industries and the EPA to avoid discharges to the river. An investigation by the EPA identified Garrity as the individual responsible for connecting the hose to the truck and allowing the discharge to the river.
Garrity will be sentenced on February 2, 2016. He faces a statutory maximum sentence of three (3) years and a possible maximum fine of not less than $5,000 nor more than $50,000 per day of violation. If Garrity is sentenced to prison he will also serve a period of supervised release that begins upon his release from prison.
The case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division. The Portsmouth Harbor Master’s Office of the Pease Development Authority, Division of Ports and Harbors was instrumental in the successful investigation and prosecution of this case. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
Former Employee of Planet Fitness Holdings, LLC Pleads Guilty to Mail FraudRead the Press Release
CONCORD, N.H. – Nicholas Selby, age 31, pleaded guilty to engaging in a scheme to defraud Planet Fitness Holdings, LLC, Newington, New Hampshire (“Planet Fitness”) of more than $920,000, announced Acting United States Attorney Donald Feith.
Planet Fitness owns and operates 58 health clubs in eight states and Canada. An additional 942 health clubs are operated under franchise agreements with Planet Fitness.
Selby worked as a systems engineer at Planet Fitness. From November 2013 to March 2015, Selby caused Planet Fitness to pay for more than 1,800 iPads by submitting more than 90 invoices to the company’s accounts payable department that falsely described the items purchased. Selby bought the iPads from technology vendors with whom Planet Fitness maintained credit accounts. The iPads were shipped via interstate commercial mail carriers to Planet Fitness’ corporate office, where Selby took delivery and sold them to companies in Rexburg, Idaho, and Lawton, Oklahoma.
Selby’s scheme was discovered when an employee of Planet Fitness had a telephone call concerning the status of a legitimately ordered iPad which led to the vendor discussing the orders placed by Selby. Planet Fitness then conducted an internal investigation to document the fraud and reported it to the Newington Police.
A former resident of Madbury, New Hampshire, Selby now lives in Snellville, Georgia.
Selby will be sentenced by Chief United States District Court Judge Joseph N. Laplante on January 28, 2016.
The maximum prison term for the offense to which Selby pleaded guilty, mail fraud, is 20 years. The maximum fine for mail fraud is the amount that is equal to twice the gross gain or gross loss caused by the offense, whichever is greater.
The case was investigated by the Newington, New Hampshire Police Department and the Federal Bureau of Investigation.
Milford Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, NEW HAMPSHIRE - Seamus Murphy, 33, of Milford, New Hampshire, entered a guilty plea to one count of bank robbery announced Acting United States Attorney Donald Feith.
Murphy walked into a Citizens Bank in Stratham, New Hampshire, on February 24, 2015 and gave the teller a note demanding money. The teller gave Murphy a quantity of United States currency. Surveillance cameras captured images of the robbery which were broadcast on local news outlets. Numerous individuals identified Murphy from the photographs and he was apprehended the next day, February 25, 2015. Murphy – who faces a maximum sentence of twenty years in prison and criminal fines of up to $250,000 – will be detained pending sentencing, which is presently scheduled for January 29, 2016.
“The successful resolution of this bank robbery is due to the great investigative work of the Stratham Police and the assistance of the Federal Bureau of Investigation,” stated Acting United States Attorney Donald Feith. “Bank robbery, even an unarmed bank robbery, is an inherently dangerous crime that causes great turmoil to its victims. We will continue to work with our state and local partners to vigorously prosecute these dangerous crimes.”
This case was investigated by the Stratham Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.
Concord Man Pleads Guilty to Firearm ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Nicholas Ethier, 36, of Concord, New Hampshire, appeared in United States District Court today and entered a guilty plea to one count of possession of a firearm by a prohibited person in violation of federal law, announced Acting United States Attorney Donald Feith.
On January 28, 2015, Ethier got into an argument with another individual and discharged a weapon out the front door of a residence in Concord, New Hampshire. No one was harmed in the incident. The Bureau of Alcohol Tobacco and Firearms classified the weapon Ethier possessed and fired as a .32 caliber machine gun. The Concord Police Department obtained a search warrant for Ethier’s apartment and found ammunition in the residence. Ethier was prohibited from possessing a firearm or ammunition because he was previously convicted of reckless conduct, a felony punishable by imprisonment for a term exceeding one year. Ethier faces a maximum sentence of ten years in prison and criminal fines of up to $250,000. Sentencing is presently scheduled for February 16, 2016.
This case was investigated by the Concord Police Department and the Bureau of Alcohol Tobacco and Firearms. The case is being prosecuted by Assistant United States Attorney Georgiana L. Konesky.
Project Safe ChildhoodRead the Press Release
CONCORD, NEW HAMPSHIRE: Andy Pena, 21, and Hansel German, 25, of Boston, Massachusetts, appeared in United States District Court on Thursday and pled guilty to crimes involving the transportation of a minor in interstate commerce for prostitution, announced Acting U.S. Attorney Donald Feith.
In February of 2014, Homeland Security Investigations, Manchester, New Hampshire, and the Salem, New Hampshire Police Department, with the assistance of the Boston Police Department, rescued a minor female who was engaging in prostitution from a Salem hotel room. Upon further investigation, authorities identified multiple individuals who were involved in the scheme to transport the female from Boston, Massachusetts to Salem, New Hampshire for prostitution, including Pena and German.
Both Pena and German are scheduled to be sentenced in January 2016.
“Exploiting a minor to engage in sexual activity for commercial gain is among the most serious crimes we investigate and prosecute,” stated Acting U.S. Attorney Donald Feith. “This case demonstrates that when federal, state, and local law enforcement join together to address this crime, significant results can be achieved.”
The case was investigated by the Manchester, New Hampshire Homeland Security Investigations and the Salem Police Department, in conjunction with the police departments of Boston, Massachusetts and Manchester, New Hampshire, as well as the New Hampshire Internet Crimes Against Children Task Force (NH ICAC). This case is being prosecuted by Assistant United States Attorneys Nick Abramson and Helen Fitzgibbon.
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.
Project Safe ChildhoodRead the Press Release
CONCORD, NEW HAMPSHIRE - Jeffrey Leblanc, 28, of North Hampton, New Hampshire, was sentenced on Thursday in United States District Court for the District of New Hampshire on one count of possessing child pornography, announced Acting United States Attorney Donald Feith. The Court imposed a term of 32 months’ imprisonment and five years of supervised release.
On August 26, 2014, a search warrant was executed at Leblanc’s residence in North Hampton, New Hampshire. A computer was seized, which was later found to contain dozens of videos of child pornography. During a subsequent interview, Leblanc admitted that he had downloaded child pornography to his personal computer.
The case was investigated by the Hampton Police Department, in conjunction with Homeland Security Investigations (Manchester), the New Hampshire Internet Crimes Against Children Task Force (NH ICAC), and the Salem Police Department. 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, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Guatemalan Charged with Defrauding New Hampshire Advisor of MillionsRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced today the unsealing of fraud charges against Guatemalan businessman, Roberto Montano (a/k/a Jorge Roberto Montano Pellegrini). The charges, contained in a Criminal Complaint filed on December 29, 2014, allege that Montano defrauded a Lebanon, New Hampshire, based investment advisor and its clients who had entrusted Montano with managing client funds intended for investment in teak plantations in Guatemala. The Criminal Complaint alleges that the total loss may exceed $9 million. Montano, age 49, is a citizen of Guatemala and most recently resided in or near Guatemala City.
The Criminal Complaint specifically alleges that Montano violated the federal Wire Fraud statute by, among other things, transferring funds intended to run the teak plantations for the benefit of the investment advisor’s clients for other purposes, diverting Guatemalan government subsidies intended to benefit the teak plantations to unidentified recipients and mortgaging Guatemalan real estate assets held for the benefit of the investment advisor’s clients without the authorization or knowledge of the investment advisor or its clients.
Montano is presently a fugitive from justice. The Federal Bureau of Investigation is actively engaged in efforts to locate and apprehend him. Guatemalan prosecutors announced that, on September 17, 2015, they filed charges against Montano based upon the same conduct described in the unsealed Criminal Complaint announced today.
This case was investigated by the Bedford (N.H.) Field Office of the Federal Bureau of Investigation. It is being prosecuted by Assistant U.S. Attorney Bill Morse.
The charges and allegations contained in a Criminal Complaint are only accusations.
A defendant is presumed innocent until and unless proven guilty.
New Hampshire Woman Sentenced to 15 Months in Federal PrisonRead the Press Release
CONCORD, N.H. – Misty Maciejewski, a 36-year-old resident of Northfield, New Hampshire, was sentenced to 15 months in in federal prison after pleading guilty in June 2015 to falsely obtaining health care benefits from the U.S. Department of Veterans Affairs Health Administration (VHA), announced Acting U.S Attorney Donald Feith. Maciejewski was also sentenced to three years of supervised release that will begin when she is released from prison. During the period of supervised release, Maciejewski’s activities will be supervised by the United States Probation and Pretrial Services Office.
In an application for health care benefits that Maciejewski submitted to the VHA on October 3, 2012, Maciejewski falsely claimed to be a veteran of the U.S. Army and that she was honorably discharged after serving in combat. The application was mistakenly approved by the VHA due to an administrative error. After the application was approved, Maciejewski received VHA medical benefits totaling $29,442.13. The benefits were paid to a half-way house in Boston, Massachusetts, to non-VA medical providers in Massachusetts and New Hampshire, and applied to medical services Maciejewski received from VA hospitals in Boston and Manchester, New Hampshire.
Maciejewski was also order to repay $29,442.13 to the VHA.
“More than 8.7 million honorably discharged veterans receive medical benefits for their service related injuries and illnesses at VA and non-VA medical facilities,” stated Acting United States Attorney Donald Feith. “Those who would engage in fraud and illegally obtain benefits cause harm to the entire program and cause injury to those true veterans who deserved our support. Our office will work with law enforcement to protect the integrity of these benefit programs and bring to justice those who scheme to defraud those programs.”
The case was investigated by the Department of Veterans Affairs, Criminal Investigation Division and prosecuted by AUSA Robert M. Kinsella.
Massachusetts Man Sentenced in Robbery SpreeRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced today that Rafael Beamud, age 34, formerly of Lowell, Massachusetts, was sentenced in U.S. District Court in connection with pharmacy robberies in Nashua and Manchester in 2013. During a hearing before U. S. District Judge Joseph A. DiClerico, Beamud was sentenced to a prison term of 25 years and 1 day and a supervision term of 5 years upon his release from U.S. Bureau of Prisons custody. He was also ordered to make full restitution to the victims of both robberies.
On May 28, 2015, Beamud admitted guilt to using a firearm during the commission of a robbery at CVS Pharmacy in Nashua on March 25, 2013 and to the robbery of a CVS Pharmacy in Manchester on April 22, 2013. Beamud was arrested on April 23, 2013 in Salem, NH while operating his motor vehicle, in which the firearm was discovered. He has been in custody since his arrest.
The investigation was conducted by the DEA Tactical Diversion Group located in Worcester, MA, and the Nashua, Manchester and Salem, NH Police. The case was prosecuted by Assistant U.S. Attorney Robert J. Veiga.
Hooksett Man Pleads Guilty to Drug and Firearm ChargesRead the Press Release
CONCORD, N.H. – Rosaire R. Gauthier, 39, of Hooksett, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to being a felon in possession of a firearm, possession with intent to distribute a controlled substance, and 15 counts of distribution of a controlled substance announced Acting United States Attorney Donald Feith. Under the terms of the plea agreement with the United States, Gauthier agreed to a sentencing range of 108 months to 168 months and to forfeit $18,190 in cash.
Information provided to the court during the change of plea hearing established that from April 16, 2011 through February 1, 2012, Gauthier distributed oxycodone and, in some instances, oxycodone and cocaine during controlled purchases conducted by the Manchester Police Department. In total Gauthier delivered 575 oxycodone pills and 5.92 grams of cocaine. Gauthier was indicted on 15 counts of distribution of a controlled substance on April 16, 2014.
On August 25, 2014, the United States Marshal’s Service (USMS) executed an arrest warrant for Gauthier at his residence located in Hooksett, New Hampshire. During the execution of the warrant the United States Marshals observed firearms in plain view, including a silver double-barrel shotgun and a Derringer pistol. Officers with the Hooksett Police Department then applied for and were granted a search warrant for the defendant’s residence where they recovered a North American Arms, Model NAA22, .22 caliber revolver, an E.R. Amantino, Stoeger Coach Gun, 12 Gauge Shotgun, a Sig Sauer, Model P938, 9mm caliber pistol, a Charter Arms Shelton, CT, Model Bull Dog, .44 caliber revolver, and a Feather Industries, Model AT22, .22 caliber rifle, ammunition, body armor, prescription drugs, approximately 20 grams of marijuana, approximately 65 grams of cocaine and $18,190.00. Gauthier was subsequently charged with the firearms and possession with intent to distribute offenses.
Gauthier was previously convicted of possession with intent to sell a controlled drug, a crime punishable by more than one (1) year imprisonment, thus making Gauthier a person prohibited from possessing a firearm.
Gauthier faces a maximum sentence of 20 years imprisonment. Gauthier is scheduled to be sentenced on January 28, 2016. He was detained pending sentencing.
The case was investigated by the Hooksett Police Department, Manchester Police Department, the Bureau of Alcohol, Tobacco, Firearms & Explosives and the United States Marshal’s Service and was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Three Charged in Conspiracy to Distribute Heroin and FentanylRead the Press Release
CONCORD, NEW HAMPSHIRE – Two Manchester, New Hampshire residents and an individual living in Lawrence, Massachusetts were indicted yesterday by a federal grand jury for conspiring to distribute heroin and fentanyl, announced Acting United States Attorney Donald Feith.
Jeannette Hardy, 24, of Manchester, New Hampshire, Zakee Stuart-Holt, 33, of Manchester, New Hampshire and Jose Casellas, 38, of Lawrence, Massachusetts were charged with conspiring to distribute and to possess with the intent to distribute heroin and 400 grams or more of fentanyl during the period from July 2014 through June 2015. Hardy was previously indicted on a charge of possession with intent to distribute a controlled substance. Stuart-Holt was previously charged in a separate indictment with engaging in a controlled substance conspiracy. The new charge replaces those previous charges. The grand jury also charged Zakee Stuart-Holt with money laundering.
Law enforcement agents seized approximately four kilograms of material that has been determined to contain the narcotic drug fentanyl and three other kilograms that is yet to be confirmed as fentanyl. Another approximately 17 kilograms of material was seized from a Lawrence, Massachusetts apartment associated with Jose Casellas, but the precise nature of that material has not yet been determined. Law enforcement also seized approximately $198,000 in cash from an apartment rented by Hardy and Stuart-Holt, approximately $560,000 in cash from a safe deposit box rented by Stuart-Holt, and $12,000 in cash from an apartment associated with Jose Casellas. The grand jury’s indictment includes a notice of forfeiture for this money.
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The investigation was conducted by the (1) United States Drug Enforcement Administration; (2) Manchester, New Hampshire Police Department; (3) Andover, Massachusetts Police Department, (4) Lawrence, Massachusetts Police Department, and (5) the Massachusetts State Police. The United States Attorney’s Office for the District of New Hampshire assisted in the investigation and is prosecuting the case.
Seven Taken into Custody for Drug ViolationsRead the Press Release
CONCORD, NEW HAMPSHIRE – Seven individuals were arrested by federal, state and local authorities following a long-term investigation into the trafficking of heroin and oxycodone in the Rochester, New Hampshire area, announced Acting United States Attorney Donald Feith. Those arrested include:
(1) Bruce Campbell, age 60, of Portsmouth, New Hampshire (formerly of Rochester, New Hampshire), was arrested for unlawful distribution of oxycodone, in violation of Title 21, United States Code, 841(a)(1);
(2) Fausto Delacruz, age 35, of Lawrence, Massachusetts, was arrested for engaging in a conspiracy to distribute heroin and oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(a)(1) and for unlawful distribution of heroin and oxycodone, in violation of Title 21, United States Code, 841(a)(1);
(3) Giovanni Rosado, age 32, of Lawrence, Massachusetts, was arrested for engaging in a conspiracy to distribute oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(a)(1);
(4) Michael Bougie, age 41, of Rochester, New Hampshire, was arrested for unlawful distribution of oxycodone, in violation of Title 21, United States Code, 841(a)(1);
(5) Paul Bougie, age 32, of Rochester, New Hampshire, was arrested for engaging in a conspiracy to distribute oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(a)(1) and for unlawful distribution of oxycodone, in violation of Title 21, United States Code, 841(a)(1);
(6) Harold Marte, age 34, of Lawrence, Massachusetts, was arrested for engaging in a conspiracy to distribute oxycodone, in violation of Title 21, United States Code, Sections 846 and 841(a)(1); and
(7) Thomas Davis, age 40, of Somersworth, New Hampshire, was arrested for unlawful distribution of heroin and oxycodone, in violation of Title 21, United States Code, 841(a)(1).
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The investigation was conducted by the (1) United States Attorney’s Office for the District of New Hampshire; (2) United States Drug Enforcement Administration’s Portsmouth, New Hampshire Tactical Diversion Squad; (3) Rochester, New Hampshire Police Department; and (4) United States Postal Inspection Service. In addition, the following law enforcement agencies participated in the arrests: (1) United States Marshals Service; (2) New Hampshire State Police; (3) Lawrence, Massachusetts Police Department; and (4) Haverhill, Massachusetts Police Department.
ew Hampshire Man Sentenced to 10 Years for Three November 2014 RobberiesRead the Press Release
Concord, New Hampshire—JAMES WHINNEM, 35, formerly of Manchester and Somersworth, was sentenced today by United States District Judge Landya B. McCafferty for committing three robberies in November 2014, Acting United States Attorney Donald Feith announced. The Court imposed a term of 10 years’ imprisonment, to be followed by a 3 year term of supervised release, and ordered WHINNEM to pay restitution in the amount of $11,419.
In June 2015, WHINNEM pleaded guilty to a three count information charging him with one count of robbery affecting interstate commerce in violation of Title 18, United States Code, Section 1951, and two counts of bank robbery in violation of Title 18, United States Code, Section 2113(a).
According to court documents and statements made in court, WHINNEM robbed a gas station convenience store at knife point in Manchester, New Hampshire on November 16, 2014. Two days later, while apparently unarmed, WHINNEM then robbed a bank in Manchester by passing a demand note to the teller. Two days after that, he robbed another bank, this time in Dover, also while unarmed and by passing a demand note to the teller. Following the wide-spread publication of bank video surveillance footage on local New Hampshire news, authorities identified WHINNEM from multiple sources. New Hampshire State Police located and arrested WHINNEM on November 30, 2014 in the area of Claremont, NH. He has remained in custody on a New Hampshire state parole violation since that date.
This matter was investigated by the Federal Bureau of Investigation, the Manchester Police Department, and the Dover Police Department. The case was prosecuted by Assistant U.S. Attorney Charles L. Rombeau.
Laconia Man Sentenced to 15 Months in Prison for Social Security FraudRead the Press Release
CONCORD, N.H. – Walter Morton, 50, of Laconia, who pleaded guilty to three counts of Social Security Fraud on June 29, 2015, was sentenced today to 15 months in prison and one year of supervised release, and he was ordered to make full restitution to the Social Security Administration, announced Acting United States Attorney Donald Feith.
From June 2009 through July 2013, Morton received over $55,000.00 in Child’s Insurance Benefits from the Social Security Administration (SSA) on behalf of two minor children, his biological daughter and his former stepson, serving as their representative payee. Morton was responsible for using the benefits he received on behalf of the children for their current needs, such as food, clothing, housing, and medical care. Although Morton informed SSA on three separate occasions between August 2010 and December 2012 that the children resided with him and that he used the benefit payments he received as their representative payee for the children’s care and support, the children had not lived with Morton since 2003 and he had not used their benefits for their current needs. Instead, Morton had diverted all but $2,500.00 of the benefit payments to his own use.
“Individuals who use their children to commit fraud against the benefits programs provided by Social Security merit special investigative and prosecutorial attention,” stated Acting U.S. Attorney Donald Feith. “These individuals have accepted the role of a fiduciary and have a special obligation to ensure that benefits paid by SSA are used for the care and well-being of these minors. Parents who abuse that position can expect to be prosecuted for their thefts.”
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.
Six Individuals Indicted for Conspiracy to Distribute Controlled SubstancesRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced today that a federal Grand Jury has returned an indictment against six individuals:
Mara Morillo (40) of Haverhill, Massachusetts
Franklyn Morillo (40) of Haverhill, Massachusetts
Juan Rojas (31) of Haverhill, Massachusetts
Justin Bartimus (34) of Methuen, Massachusetts
Jorge Medina (24) of Brentwood, New Hampshire
Michael Lally (27) of Salem, New Hampshire
All six individuals have been charged with conspiring to distribute, and possess with intent to distribute, oxycodone and cocaine. Bartimus is also charged with distributing oxycodone. Rojas also is charged with possessing a firearm in furtherance of a drug trafficking crime.
Rojas is currently detained in Massachusetts. The other defendants were arrested on October 1, 2015, and are being held pending detention hearings next week.
The drug conspiracy and distribution charges are punishable by up to 20 years in prison, a fine of $1 million and at least three years of supervised release. The firearm charge is punishable by a minimum of five years in prison and as much as life imprisonment, as well as a $250,000 fine, and up to five years of supervised release.
The charges and allegations contained in an indictment are merely accusations. A defendant is presumed innocent until and unless proven guilty.
This investigation was the product of an investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The OCDETF program is a federal multi-agency, multi-jurisdictional task force that supplies supplemental federal funding to federal and state agencies involved in the identification, investigation, and prosecution of major drug trafficking organizations. This particular investigation involved cooperative efforts of federal and local law enforcement entities, including the Drug Enforcement Administration, the Haverhill, Massachusetts Police Department, the Massachusetts State Police, the New Hampshire State Police, and the Essex County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorneys John J. Farley.
Town of Hill Man Sentenced for Tax EvasionRead the Press Release
CONCORD, N.H. – Ronald Martin, 65, of Hill, New Hampshire, was sentenced today by the United States District Court for the District of New Hampshire to 12 months in prison and 3 years of supervised release for tax evasion reports Acting United States Attorney Donald Feith.
Martin formerly owned and operated Martin Construction in Northfield, New Hampshire, and employed three to eight employees at various times. In 2008, 2009 and 2010, Martin’s business earned about $1.2 million in gross receipts, but Martin did not file any federal income tax returns for Martin Construction or for himself during those years and did not pay any federal income tax for either. Martin took steps to conceal the business revenue by directing payments and invoices for selling scrap metal to be made in the name of a third party. He also only deposited a small fraction of the income earned from Martin Construction into the business’ bank account. Instead, Martin diverted a significant portion of the business income for personal expenditures. He also did not file any federal employment tax returns or pay over to the Internal Revenue Service (IRS) any federal employment taxes for any of his employees.
A federal grand jury indicted Martin on three counts of tax evasion in July 2014 and, on June 23, 2015, he pleaded guilty to those charges.
This case was investigated by special agents of the IRS – Criminal Investigation and the Environmental Protection Agency Criminal Investigation Division. It was prosecuted by Assistant United States Attorney Mark S. Zuckerman and Senior Litigation Counsel Corey J. Smith of the Department of Justice’s Tax Division.
Manchester Man Sentenced for Making False Statement After Previous Conviction for Possession of Child PornographyRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced today that Keith Bilodeau, 48, of Manchester, New Hampshire, was sentenced to a total of eight years in federal prison after pleading guilty to making a false statement to a United States Probation Officer.
Bilodeau was convicted of possession of child pornography in 2011 and sentenced to three years in prison. In August, 2014, while being supervised by U.S. Probation, he was suspected of being dishonest with his probation officer regarding ongoing criminal activity. A subsequent search of his residence by United States Probation Officers revealed numerous electronic devices which contained sexually explicit images of minor children.
Bilodeau’s supervised release was revoked in February of this year and he was sentenced at that time to two years in prison. He pled guilty to the charge of Making a False Statement to his probation officer on June 25, 2015 and today was sentenced to an additional six years in prison. When released from prison, Bilodeau will continue to be supervised by U.S. Probation for life.
The case was investigated by the U.S. Department of Homeland Security and the Office of United States Probation. This case was prosecuted by Assistant U.S. Attorney Helen White
El Salvadoran Man Guilty of Illegally Reentering the United States After Previous DeportationsRead the Press Release
CONCORD, NEW HAMPSHIRE – Willian Santos-Velasques, of El Salvador, pleaded guilty to an Information charging him with illegally reentering the United States after having been previously deported, announced Acting United States Attorney Donald Feith.
Santos-Velasques was found in Manchester, New Hampshire, on July 13, 2015 when he was observed by agents of the Department of Homeland Security Immigration and Customs Enforcement riding as a passenger in a vehicle. Santos-Velasques was familiar to ICE agents because he had been previously deported by ICE officers working in New Hampshire. An investigation determined that Santos-Velasques was deported twice in 2014 from Louisiana and Texas and once in 2015 from Texas.
Santos-Velasques pled guilty to knowingly reentering the United States after previously having been deported to his native El Salvador and was sentenced to time served since his arrest by Bureau of Immigration and Customs Enforcement on July 13, 2015.
Santos-Velasques will again be deported.
The case was investigated by the Department of Homeland Security and prosecuted by Assistant U.S. Attorney Alfred Rubega.
Dominican Man Pleads Guilty to Misrepresenting A Social Security NumberRead the Press Release
CONCORD, NEW HAMPSHIRE – Acting United States Attorney Donald Feith announced that Richard Arias-Aquasvivas, of the Dominican Republic, has pleaded guilty to a one-count indictment alleging that he misrepresented a social security number while attempting to get a New Hampshire drivers license at the Nashua office of the New Hampshire Department of Motor Vehicles.
Agents of the Department of Homeland Security Immigration and Customs Enforcement were called to the Nashua office of the New Hampshire Division of Motor Vehicles on July 15, 2015 to provide investigative assistance relating to a man attempting to obtain a New Hampshire driver’s license. The individual insisted he was an American citizen born in Puerto Rico. ICE officers attempted to obtain digital fingerprints of the individual but his fingertips had been mutilated and the agents were unable to obtain a positive identification.
Subsequent investigation allowed the agents to identify the individual as Arias-Aquasvivas. Inked fingerprints confirmed that identity and that Arias-Aquasvivas was the subject of a previous deportation order.
Arias-Aquasvivas will be sentenced at 11:00 AM on January 12, 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 and the New Hampshire State Police. Assistant U.S. Attorney Alfred Rubega is prosecuting this case.
Dominican Man Guilty of Illegally Reentering the United States After Previous DeportationRead the Press Release
CONCORD, NEW HAMPSHIRE – Onix Abreu, of the Dominican Republic, pled guilty late this morning to a one-count Information alleging that he illegally reentered the United States after having been previously deported.
On June 15, 2015 agents of the Department of Homeland Security Immigration and Customs Enforcement approached Abreu at the Salem office of the New Hampshire Division of Motor Vehicles. Abreu was at the office attempting to obtain a New Hampshire driver’s license under a false identity. Abreu admitted to the agents that his real name was Onix Abreu and that he had been deported previously. Fingerprint analysis confirmed Abreu’s identity. An investigation established that Abreu was deported in 2005 at Alexandria, Louisiana.
Abreu will be sentenced at 10:00 AM on January 6, 2016, and will be deported after serving his sentence.
The case was investigated by the Department of Homeland Security and prosecuted by Assistant U.S. Attorney Alfred Rubega.
Derry Man Sentenced to Ten Years for Child Pornography DistributionRead the Press Release
CONCORD, NEW HAMPSHIRE - Stephen Cote, 51, of Derry, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire on one count of distributing child pornography and one count of possessing child pornography, announced Acting United States Attorney Donald Feith. The Court imposed a term of 10 years’ imprisonment, to be followed by an 8 year term of supervised release.
Cote’s sentencing capped an extensive multi-agency investigation, which began in 2013 when Cote sent an e-mail containing child pornography to an undercover federal agent. Search warrants were subsequently executed on Cote’s e-mail account and residence, leading to the discovery of hundreds of images and videos of child pornography. Cote used his e-mail account to store those images and distribute them to dozens of other individuals by e-mail over the course of several months.
The case was investigated by Manchester, New Hampshire Homeland Security Investigations and the Portsmouth and Washington D.C. offices of the Federal Bureau of Investigation, in conjunction with the New Hampshire Crimes Against Children Task Force (NH ICAC) and the Derry and Manchester, New Hampshire Police Departments. The case was prosecuted by Assistant United States Attorneys Nick Abramson and Seth Aframe.
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.
New Hampshire Man Sentenced on Firearm ChargeRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced that Richard Lariviere, 45, of Nashua, New Hampshire, was sentenced in the United States District Court for the District of New Hampshire to 70 months imprisonment after pleading guilty to being a Felon in Possession of a Firearm. Upon his release, Lariviere will be placed on three years of supervised release which is monitored by the United States Probation Office.
On May 20, 2014, members of the Nashua Police Department obtained a search warrant for a Mercedes operated by Lariviere. The officers stopped the Mercedes in the parking lot of the Country Barn Motel as Lariviere was driving out of the parking lot. The detectives executed the search warrant and located a loaded, 7.65mm Walther semiautomatic handgun with serial number 20384 within a black bag on the vehicle's front passenger seat. The police subsequently applied for and received permission to execute a search warrant for Lariviere’s hotel room where the police found one box of .22 caliber ammunition in addition to Lariviere's license and a check stub for Lariviere.
During the sentencing hearing, the government also introduced evidence that Lariviere sold four additional firearms in exchange for drugs in Lawrence, Massachusetts. Lariviere was prohibited from possessing a firearm or ammunition because he was previously convicted of Felonious Assault on a Peace Officer in the State of Ohio, a crime punishable by more than one (1) year imprisonment.
The case was investigated by Nashua Police Department and ATF. The case was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Massachusetts Man Sentenced on Charges of Causing Misbranded Drugs to Be Introduced into Interstate CommerceRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced that Mushed Salam, 47, of Lowell, Massachusetts, was sentenced on September 28th to one year probation in U.S. District Court after pleading guilty to Causing Misbranded Drugs to be Introduced into Interstate Commerce. Salam was also ordered to perform 50 hours of community service, pay a $1000 fine and a money forfeiture of $18,245.00.
On October 3, 2012, the North Andover, Massachusetts Police Department responded to a call for a female having seizures due to a possible drug overdose. The female was interviewed at the Lawrence General Hospital and stated that she had been using “Crazy Monkey” which she purchased at the Richdale convenience store located at 4 Main St., North Andover, Massachusetts. “Crazy Monkey” is a synthetic cannabinoid.
The North Andover Police Department and DEA conducted an investigation using a confidential informant (CI) who agreed to purchase synthetic cannabinoids from the convenience store. From October 9, 2012 through June 20, 2013, on four separate occasions, the confidential informant purchased a variety of the “Monkey” products, all synthetic cannabinoids, from the convenience store.
The synthetic cannabinoids were misbranded in that: (1) the product was sold as potpourri when in fact the product was intended for use as a drug for human consumption; (2) its label, in package form, failed to include the name and address of the manufacturer, packer, or distributor; (3) its labeling did not bear adequate directions for use; and (4) its labeling did not bear such adequate warnings against use in those pathological conditions and by children.
The case was investigated by the Drug Enforcement Administration (DEA) and the North Andover Police Department. This case was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Massachusetts Man Pleads Guilty to Firearms ChargesRead the Press Release
CONCORD, N.H. – Lazaro Alon, 40, of Lawrence, Massachusetts, pleaded guilty in United States District Court for the District of New Hampshire to conspiracy to make a false statement during the acquisition of a firearm announced Acting United States Attorney Donald Feith.
A clerk at Stateline Guns Ammo and Archery, a federally licensed firearms dealer located in Plaistow, New Hampshire, contacted ATF regarding a suspicious female who had made several firearms purchases. An investigation revealed that from May 20, 2013 through June 4, 2013, the female purchased 11 firearms. The agents met with the female who subsequently admitted that she purchased the firearms for Alon.
The investigation revealed that the female purchased the first firearm with her own money and was reimbursed by Alon. The next ten purchases were made with money provided by Alon.
The co-conspirator also admitted that both she and Alon used a tool to remove the serial numbers from the firearms while at Alon’s apartment in Lawrence. ATF and the Lawrence Police Department subsequently executed a search of a vehicle at Alon’s apartment where they located the tool used to remove the serial numbers from the firearms and items taken in the staged burglary.
“The straw purchase of firearms is a major source for illegal gun trafficking,” stated Acting United States Attorney Donald Feith. “We are committed to investigating, identifying and prosecuting those individuals who enlist others for the purpose of illegally obtaining firearms.”
Daniel J. Kumor, ATF Special Agent in Charge, Boston Field Division stated: “Firearms trafficking remains ATF's top priorities and this investigation is another example of how through the use of a straw purchase, firearms are trafficked and end up in the hands of criminals. Moreover, by obliterating the firearms serial numbers these defendants tried to cover their tracks in an effort to make it impossible for law enforcement to identify the source of these firearms. But through the vigilance and cooperation from a Federal Firearms Licensee in this case, law enforcement was able to successfully disrupt another firearms trafficker”
Alon faces a maximum sentence of five years imprisonment. Alon is scheduled to be sentenced on January 8, 2016. Alon was detained pending sentencing.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Lawrence, Massachusetts Police Department. The case was prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Rochester Man Pleads Guilty to Bank RobberyRead the Press Release
CONCORD, NEW HAMPSHIRE - Thomas Hegarty, 21, of Rochester, New Hampshire, appeared in United States District Court yesterday and pleaded guilty to one count of bank robbery announced Acting United States Attorney Donald Feith.
Hegarty walked into a Bank of America in Rochester, New Hampshire, on January 20, 2015 and handed the teller a note demanding money. He then made off with $400 in stolen funds. Surveillance cameras captured images of the robbery and law enforcement quickly identified Hegarty. He was apprehended later that day.
Hegarty – who faces a maximum sentence of twenty years in prison and criminal fines of up to $250,000 – will be detained pending sentencing, which is presently scheduled for January 12, 2015.
This case was investigated by the Rochester Police Department and the Federal Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Georgiana Konesky.
Manchester Man Sentenced to Ten Years on Bank Robbery ChargeRead the Press Release
CONCORD, NEW HAMPSHIRE - Matthew Ireland, 36, of Manchester, New Hampshire, was sentenced today in the United States District Court for the District of New Hampshire on one count of bank robbery announced Acting United States Attorney Donald Feith. The Court imposed a term of 120 months’ imprisonment, three years of supervised release, and full restitution to the victim.
Ireland walked into a TD Bank in Manchester, New Hampshire, on January 31, 2015 wearing a black ski mask, a hood, sunglasses, and dark clothing. He demanded money from two tellers and made off with more than $4,000 in stolen funds.
Ireland was apprehended the same day near the Manchester/Bedford town line. When Manchester and Bedford Police attempted to initiate a traffic stop of Ireland’s vehicle, he led them on a brief chase. After crashing his car into a median, he fled on foot but surrendered shortly thereafter, dropping to his knees, reaching into his pockets, and throwing a large sum of cash into the road. Manchester Police recovered most of the stolen money and found clothing consistent with that worn during the robbery in Ireland’s vehicle.
This case was investigated by the Manchester Police Department, the Bedford Police Department, and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Georgiana L. Konesky.
New Hampshire Woman Pleads Guilty to Social Security, Food Stamp, and Medicaid FraudRead the Press Release
CONCORD, N.H. – Beverly Eaton, 57, of Seabrook, pleaded guilty today in United States District Court for the District of New Hampshire to one count of Social Security Fraud and four counts of Making False Statements, announced Acting United States Attorney Donald Feith.
In February 2009, Eaton began receiving Social Security disability benefits. She also received Food Stamps and Medicaid since July 2008 and December 2008, respectively. Eligibility for each of these benefits programs is based, in part, on the applicant having limited income and resources. At the time she applied for benefits, Eaton failed to disclose that she owned two pieces of real estate, each with an assessed value of over $20,000.00, far in excess of the resource limits set by each of these needs-based programs. Her ownership of these properties would have rendered her ineligible to receive any Supplemental Security Income benefits, Food Stamps, and Medicaid. Eaton concealed her ownership of these properties from the Social Security Administration and from the New Hampshire Department of Health and Human Services and, in fact, falsely reported that she did not own any real estate. As a result of her concealment, Eaton received $66,755.66 in disability benefits, Food Stamps, and Medicaid benefits that she would not have received if Social Security and the New Hampshire Department of Health and Human Services had been aware of her real estate holdings.
Eaton is scheduled to be sentenced on January 12, 2016. She is facing a maximum sentence of five years imprisonment. She was released on conditions pending sentencing.
The case was investigated by the Social Security Administration’s Office of the Inspector General in conjunction with the New Hampshire Department of Health and Human Services’ Office of Improvement and Integrity, and prosecuted by Special Assistant United States Attorney Karen Burzycki.
New Hampshire Man Sentenced on Drug ChargesRead the Press Release
CONCORD, N.H. – Ryan Demers, 31, of Brookline, New Hampshire, was sentenced today in the United States District Court for the District of New Hampshire to 57 months imprisonment after pleading guilty to one count of conspiracy to distribute oxycodone and one count of distribution of oxycodone announced Acting United States Attorney Donald Feith. Upon his release, Demers will be placed on three years of supervised release which is monitored by the United States Probation Office.
In the fall of 2013, law enforcement officers began an investigation of several individuals including, Samuel Garcia and Jennifer Nunez, and their involvement in a conspiracy to distribute oxycodone. The investigation ultimately led to a court order authorizing the interception of wire and electronic communications over several cellular telephones used by Garcia and Nunez. Intercepted communications confirmed that several customers regularly ordered significant quantities of oxycodone pills from Garcia and Nunez, which were then sold to other individuals in the Manchester area.
During the intercepted calls, investigators identified several telephone numbers, including a telephone number used by Demers that frequently called the drug sources. The intercepted telephone calls showed that on approximately 24 occasions between July 3, 2014 and August 22, 2014, Demers ordered approximately 1,508 oxycodone pills from Nunez and Garcia. In addition, video evidence established that during several of the above interceptions, Demers arrived at the Nunez/Garcia residence shortly after contacting Nunez or Garcia and ordering a quantity of pills.
Upon his arrest on August 7, 2014, Demers admitted that he had been purchasing oxycodone pills from Garcia, Nunez, and others for approximately two years. Demers stated that he purchased between 100- 200 oxycodone pills every other day consumed 10-15 oxycodone pills a day.
“The illegal use of diverted opiates is a pathway to heroin and fentanyl abuse and presents a danger to the welfare of our communities,” said Acting United States Attorney Donald Feith. “We will work with law enforcement to identify opiate traffickers such as Mr. Demers and bring them to justice. The excellent work of the DEA and the Manchester Police made this case possible.”
The case was investigated by the Manchester Police Department and the Drug Enforcement Administration and is being prosecuted by Assistant U.S. Attorney Debra M. Walsh and Assistant U.S. Attorney John J. Farley.
New Hampshire Man Pleads Guilty to Firearm and Drug ChargesRead the Press Release
CONCORD, N.H. – Robert Pierre, 35, of Rochester, New Hampshire, pleaded guilty in United States District Court for the District of New Hampshire to being a felon in possession of a firearm and possession of a controlled substance with the intent to distribute, announced Acting United States Attorney Donald Feith.
On February 1, 2014, Pierre was operating a 2002 Volvo S60 in Durham, New Hampshire when he was stopped for a motor vehicle violation by a New Hampshire State Trooper. As the Trooper approached the vehicle, Pierre opened the driver's side door. The Trooper immediately detected the odor of unburnt marijuana. The Trooper also smelled the odor of marijuana emanating from the area of the vehicle trunk and observed a "corner bag" in the passenger compartment of the vehicle. A pat-frisk of Pierre revealed that he was carrying $1300.00 in cash.
A judicially authorized search of the vehicle revealed several baggies of illegal drugs in a jacket on the front passenger seat and within the trunk. The troopers also found three digital scales and a Taurus .22 caliber handgun. The drugs were individually wrapped and the scales had a powder-like residue and a residue consistent with marijuana. The drugs were analyzed and tested positive for marijuana, methylone, crack cocaine, cocaine, heroin and benzylpiperazine (BZP).
At the time of the traffic stop and his possession of the handgun, Pierre was a prohibited person under the federal firearms laws because he had been convicted of an offense punishable by more than one year in prison.
Pierre faces a maximum sentence of twenty years imprisonment. Pierre is scheduled to be sentenced on December 22, 2015. Pierre was detained pending sentencing.
The case was investigated by the New Hampshire State Police and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Massachusetts Man Sentenced on Charge of Being A Felon in Possession of A FirearmRead the Press Release
CONCORD, N.H. – Ira Grayson, 29, of Dorchester, Massachusetts, was sentenced today in the United States District Court for the District of New Hampshire to 42 months after pleading guilty to being a felon in possession of a firearm announced Acting United States Attorney Donald Feith.
On December 8, 2014, the Boston Police Department Youth Violence Strike Force captured two videos of Grayson possessing firearms at a firing range. Law enforcement obtained documentation that showed on December 7, 2014, Grayson rented two firearms: an IMI, model UZI, 9 mm, machine gun and a Sig Sauer, model M400, 5.56 ml, semi-auto rifle. Grayson is a convicted felon and barred from possessing a firearm. Both firearms traveled through interstate commerce prior to Grayson possessing them.
"Prosecuting individuals who violate the federal firearms laws is a high priority for our office," stated Acting United States Attorney Donald Feith. "We will work with our law enforcement partners to identify, investigate, and bring to justice those persons who possess firearms when they are prohibited from doing so, whether that possession occurs on the street or on a firing range."
The case was investigated by the Boston Police Department Youth Violence Strike Force and the Bureau of Alcohol, Tobacco, Firearms & Explosives and is being prosecuted by Assistant U.S. Attorney Debra M. Walsh.
Hinsdale Man Sentenced on Federal Marijuana and Money Laundering ChargesRead the Press Release
CONCORD, N.H. – Jeffrey Traverse, 39, of Hinsdale, New Hampshire, was sentenced in United States District Court for the District of New Hampshire on federal charges of conspiring to distribute marijuana, and conspiring to engage in money laundering, announced Acting United States Attorney Donald Feith. The Court imposed a term of 15 months’ imprisonment, followed by 3 years of supervised release.
Beginning around February of 2012, and continuing through the end of 2013, an individual in California grew, and regularly shipped, quantities of marijuana by mail to several individuals in Vermont and New Hampshire, one of whom was Jeffrey Traverse. To disguise the illicit source of the funds accrued from marijuana sales, Traverse agreed to deposit the cash into a business bank account held personally by the individual in California, to create the impression that the deposited funds derived from a legitimate business enterprise.
This prosecution arose from an investigation by the Sonoma County Sheriff’s Department, in conjunction with the Department of Homeland Security, Homeland Security Investigations in Manchester, New Hampshire, and the Keene, New Hampshire Police Department.
Queen City Dry Waller Pleads Guilty to Employment Tax ScamRead the Press Release
CONCORD, N.H. – Acting United States Attorney Donald Feith announced that today Cruz E. Galvan pleaded guilty to one count of Federal Employment Tax Evasion in connection with his scheme to dodge federal employment taxes on wages he paid to employees of his Manchester, N.H., dry wall business, Four Star Drywall, LLC. Galvan, age 39, resides in Manchester.
During his plea hearing, Galvan admitted that from April 2010 until December 2012, he paid the employees of Four Star Drywall with vouchers instead of with checks. He further admitted that he instructed those employees to present the vouchers to a local check cashing business to which he previously had provided funds and instructions to pay the vouchers upon presentment in cash. Galvan acknowledged that he did not report to the Internal Revenue Service the wages he paid in that fashion, thereby evading federal income tax withholding and Social Security, Medicare and federal unemployment taxes. The scheme resulted in a total tax loss of several hundred thousand dollars.
The United States District Court scheduled Galvan’s sentencing hearing for December 23, 2015. If the court accepts the parties’ joint sentencing recommendation, Galvan will be sentenced to a term of incarceration of eighteen months and required to pay restitution of approximately $670,000 to the Internal Revenue Service, including $100,000 before his sentencing.
“Individuals engaged in business who attempt to avoid their tax obligations as employers cause great harm to their employees and obtain an unfair advantage over their competitors who are complying with their obligations,” stated Acting U.S. Attorney Donald Feith. “We will continue to work with our federal law enforcement partners to identify, investigate and prosecute these individuals.”
The investigation of Galvan was led by the Manchester, N.H., offices of the Internal Revenue Service, the Department of Homeland Security and the Department of Labor, Office of Inspector General. The case is being prosecuted by Assistant U.S. Attorney Bill Morse.