District Not Recorded
The source did not name an office we could identify. These records remain unassigned rather than guessed.
Tennessee Business Owner Sentenced to Prison for Failing to Pay More Than $8 Million in Employment TaxesRead the Press Release
Spent $6.2 million on Personal Expenses from Business Accounts while Failing to Pay U.S. Treasury
A Germantown, Tennessee, resident and business owner was sentenced today to one year in prison and ordered to pay more than $10 million in restitution for failing to pay over employment taxes to the Internal Revenue Service (IRS), announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Edward L. Stanton III of the Western District of Tennessee.
“Payment of employment taxes is not optional,” said Principal Deputy Assistant Attorney General Ciraolo. “Nor are such withholdings an interest-free source of money to be tapped to make payments on lavish personal expenses. The sentence that Mr. Thornton received today reflects not just the harm that his actions caused to the U.S. Treasury but also the financial risks he placed on his employees by deliberately not filing their W-2 forms with Social Security on a timely basis.”
According to court documents, Larry Thornton, 67, was the majority owner, president and chief executive officer (CEO) of Software Earnings, Inc. (SEI), a Memphis company that produced and installed check processing. Thornton was also the 100 percent owner, CEO and president of First Touch Payment Solutions, LLC (First Touch), a Memphis company that provided merchant services for credit card processing. Thornton, as CEO and president of SEI and First Touch, had ultimate and final decision-making authority regarding SEI’s and First Touch’s business activities and had authority to exercise significant control over SEI’s financial affairs. Thornton admitted that he was responsible for collecting, accounting for, and paying over to the IRS federal income taxes and Federal Insurance Contributions Act (FICA) taxes that were withheld from the wages of SEI and First Touch’s employees.
Beginning in the second quarter of 2007, Thornton caused SEI to stop paying over the taxes required to be withheld from SEI’s employees’ paychecks and caused SEI to stop timely filing Employer’s Quarterly Federal Tax Returns, Forms 941, with the IRS. Beginning in the first quarter of 2010, Thornton caused First Touch to stop paying over the taxes required to be withheld from First Touch’s employees’ paychecks and caused First Touch to fail to timely file Forms 941 with the IRS. Between 2007 and 2011, Thornton collected more than $6.8 million in employment taxes from SEI and First Touch employees’ paychecks, but failed to pay those collected taxes over to the IRS. Thornton also failed to pay his companies’ matching share of FICA taxes during those years. During that time period, two of Thornton’s full-time accountants – both of whom were certified public accountants (CPAs) – warned Thornton about his failure to pay over employment taxes. Both CPAs resigned their positions due to Thornton’s unwillingness to comply with his employment tax obligations.
During the same years in which Thornton failed to comply with his employment tax obligations, Thornton spent more than $6.2 million from the business bank accounts on personal expenses, including house and condominium payments; vehicle, yacht and motorcycle loan payments; personal travel; and start-up funding for his wife’s beauty boutique. According to court documents, Thornton also failed to file personal and corporate income tax returns. As part of the guilty plea, Thornton admitted that his illegal conduct caused a tax loss of more than $8.9 million to the IRS.
“Larry Thornton’s efforts to conceal from IRS millions of dollars generated by his businesses afforded him a plush lifestyle for several years,” said U.S. Attorney Stanton. “But his illegal and illicit acts also have earned him a stint in federal prison and a multimillion-dollar restitution fee. We will continue to work with our law enforcement partners to pursue and bring to justice anyone who violates the nation’s tax laws.”
“Employment tax evasion results in the loss of tax revenue to the U.S. government and the loss of future social security or Medicare benefits for the employees,” said Special Agent in Charge Tracey D. Montaño of IRS Criminal Investigation (CI). “Failure to pay over withheld taxes is a serious offense. Corporate executives like Mr. Thornton have a responsibility to withhold income taxes for their employees and then remit those taxes to the IRS. IRS Criminal Investigation will vigorously pursue anyone who collects these taxes and uses the funds for their own personal gain.”
In addition to the prison term, Thornton was ordered to serve two years of supervised release. Thornton was also ordered to pay restitution in the amount of $10,822,728.99 to the IRS.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Stanton commended special agents of IRS–CI, who investigated the case and Assistant U.S. Attorney Damon Griffin of the Western District of Tennessee and Trial Attorney Robert J. Boudreau of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its employment tax enforcement efforts may be found on the division’s website.
Georgia Real Estate Investor Pleads Guilty to Bid Rigging at Public Home Foreclosure AuctionsRead the Press Release
A Georgia real estate investor pleaded guilty today for his role in bid-rigging and bank fraud conspiracies in connection with public real estate foreclosure auctions in Georgia, the Justice Department announced today.
Otto Gogolin admitted that he agreed not to bid against other real estate investors at certain public real estate foreclosure auctions in an effort to subvert the competitive process. Additionally, according to court documents, Gogolin and his co-conspirators defrauded banks that owned the mortgage notes. Gogolin admitted to participating in the conspiracy in Forsyth County, Georgia, from July 2008 to December 2011.
According to court documents filed in this case in the U.S. District Court for the Northern District of Georgia, the conspirators artificially suppressed the prices of properties sold at certain public real estate foreclosure auctions by agreeing not to outbid one another and then made and received payoffs to each other. Among other methods, the conspirators allegedly held secret “second auctions” of properties they had obtained through rigged bids and then divided the auction proceeds that otherwise would have gone to pay off the mortgage and other secured debt holders and, in some cases, to the previous owner of the foreclosed home.
Including the charges filed against Gogolin, 23 defendants have been charged in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes involving real estate foreclosure auctions in the Atlanta area, 21 of whom have either pleaded guilty or agreed to plead guilty. In addition to the cases filed in Georgia, the Antitrust Division has recently filed similar cases in Alabama, North Carolina and California. More than 100 defendants in total have been indicted or have pleaded guilty for rigging foreclosure auctions and lining their own pockets at the expense of banks and homeowners going through foreclosures.
These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section, the FBI’s Atlanta Division and the U.S. Attorney’s Office of the Northern District of Georgia, in connection with the president’s Financial Fraud Enforcement Task Force. The president established the task force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.
For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258, or visit http://www.justice.gov/atr/report-violations.
Gogolin Information
Federal Court Orders Florida Tax Return Preparer to Stop Preparing Federal Tax Returns for OthersRead the Press Release
Return Preparer Allegedly Claimed Fraudulent Education and Fuel Credits
Today a federal court in Miami, Florida, permanently enjoined Rose M. Chazulle and her company, RMC Professional Services Corporation, from preparing federal tax returns for others. The defendants agreed to the civil injunction orders entered against them. In addition to barring the defendants from preparing, filing, or assisting in the preparation or filing of federal tax returns and amended returns, the court ordered the defendants to deliver a copy of the injunction to all of their customers since Jan. 1, 2010.
According to the complaint, the defendants prepared federal income tax returns for customers that falsely claimed:
- Refundable credits, including American Opportunity Tax Credit and Lifetime Learning Credit for customers who did not incur educational costs and otherwise did not qualify for these credits;
- Fuel tax credits for customers who had no businesses of any kind, even though the credit can only be taken when fuel is used for certain business purposes or to operate a school bus;
- Fabricated business losses, claimed on Schedule C, Profit or Loss from Business, even though the customers did not have a business; and
- Wages described as household help income in order to falsely claim an Earned Income Tax Credit or to create a larger refund than the customer otherwise would have been able to claim.
Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer, and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Harley-Davidson to Stop Sales of Illegal Devices That Increased Air Pollution from the Company’s MotorcyclesRead the Press Release
The Department of Justice and the U.S. Environmental Protection Agency (EPA) today announced a settlement with Harley-Davidson Inc., Harley-Davidson Motor Company Group LLC, Harley-Davidson Motorcycle Company Inc. and Harley-Davidson Motor Company Operations Inc. (collectively Harley-Davidson), that requires the companies to stop selling and to buy back and destroy illegal devices that increase air pollution from their motorcycles and to sell only models of these devices that are certified to meet Clean Air Act emissions standards. Harley-Davidson will also pay a $12 million civil penalty and spend $3 million to mitigate air pollution through a project to replace conventional woodstoves with cleaner-burning stoves in local communities.
The government’s complaint, filed today along with the settlement, alleges that Harley-Davidson manufactured and sold approximately 340,000 illegal devices, known as “super tuners,” that, once installed, caused motorcycles to emit higher amounts of certain air pollutants than what the company certified to EPA. Aftermarket defeat devices like these super tuners alter a motor vehicle’s emissions controls and are prohibited under the Clean Air Act for use on vehicles that have been certified to meet EPA emissions standards. Harley-Davidson also made and sold more than 12,000 motorcycles that were not covered by an EPA certification that ensures a vehicle meets federal clean air standards.
“Given Harley-Davidson’s prominence in the industry, this is a very significant step toward our goal of stopping the sale of illegal aftermarket defeat devices that cause harmful pollution on our roads and in our communities,” said Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division. “Anyone else who manufactures, sells, or installs these types of illegal products should take heed of Harley-Davidson’s corrective actions and immediately stop violating the law.”
“This settlement immediately stops the sale of illegal aftermarket defeat devices used on public roads that threaten the air we breathe,” said Assistant Administrator Cynthia Giles of EPA’s Office of Enforcement and Compliance Assurance. “Harley-Davidson is taking important steps to buy back the ‘super tuners’ from their dealers and destroy them, while funding projects to mitigate the pollution they caused.”
Since January 2008, Harley-Davidson has manufactured and sold two types of tuners, which when hooked up to Harley-Davidson motorcycles, allow users to modify certain aspects of a motorcycles’ emissions control system. These modified settings increase power and performance, but also increase the motorcycles’ emissions of hydrocarbons and nitrogen oxides (NOx). These tuners have been sold at Harley-Davidson dealerships across the country.
The Clean Air Act requires motor vehicle manufacturers to certify to EPA that their vehicles will meet applicable federal emissions standards to control air pollution and every motor vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity. The Clean Air Act prohibits manufacturers from making and selling devices that bypass, defeat, or render inoperative a motor vehicle’s EPA-certified emissions control system. The act also prohibits any person from removing or rendering inoperative a motor vehicle’s certified emissions control system and from causing such tampering. The complaint alleges violations of both these provisions.
Under the settlement, Harley-Davidson will stop selling the illegal aftermarket defeat devices in the United States by August 23. Harley-Davidson will also offer to buy back all such tuners in stock at Harley-Davidson dealerships across the country and destroy them. The settlement requires the company to obtain a certification from the California Air Resources Board (CARB) for any tuners it sells in the United States in the future. The CARB certification will demonstrate that the CARB-certified tuners do not cause Harley-Davidson’s motorcycles to exceed the EPA-certified emissions limits. Harley-Davidson will also conduct tests on motorcycles that have been tuned with the CARB-certified tuners and provide the results to EPA to ensure that its motorcycles remain in compliance with EPA emissions requirements. In addition, for any super tuners that Harley-Davidson sells outside the United States in the future, it must label them as not for use in the United States.
The complaint also alleges that Harley-Davidson made and sold more than 12,000 motorcycles from model years 2006, 2007 and 2008 that were not covered by an EPA certificate of conformity. A certificate of conformity covers only the motorcycle models that were included in the certification application and that are listed on the certificate. These 12,000 motorcycles were models that were not included in Harley-Davidson’s applications and that were not listed as covered by the relevant certificate. Under the consent decree, Harley-Davidson will ensure that all of its future motorcycle models intended for sale in the United States are fully certified by EPA.
Hydrocarbon and NOx emissions contribute to harmful ground-level ozone and NOx also contributes to fine particulate matter pollution. Exposure to these pollutants has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses. Exposure to ozone and particulate matter has also been associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. The woodstove project, which Harley-Davidson will undertake in conjunction with an independent third party, will eliminate excess air pollution caused by using the illegal tuners by providing cleaner-burning stoves to designated local communities, thereby assuring better air quality in the future.
EPA discovered the violations through a routine inspection and information Harley-Davidson submitted after subsequent agency information requests.
The settlement, a proposed consent decree lodged in the U.S. District Court for the District of Columbia, is subject to a 30-day public comment period before it can be entered by the court as final judgment. To view the consent decree or to submit a comment, visit the department’s website: www.justice.gov/enrd/Consent_Decrees.html.
More information about today’s settlement: https://www.epa.gov/enforcement/harley-davidson-clean-air-act-settlement.
Former Nevada Liquor Store Owner Convicted of Conspiracy to Defraud the United States, Assisting in Filing False Corporate Returns and Tax EvasionRead the Press Release
Skimmed Cash and Gave Preparer False Set of Books to Evade Reporting Nearly $4 Million in Sales
A federal jury sitting in the District of Nevada found the former co-owner of three Las Vegas, Nevada, liquor stores guilty of conspiracy to defraud the United States, assisting in filing false corporate tax returns and tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Daniel G. Bogden of the District of Nevada.
According to the evidence at trial, Jeffrey Nowak and his co-defendant, Ramzi Suliman, jointly owned and operated liquor stores in Las Vegas. At their first liquor store, Super Liquor Store South Strip, Nowak and Suliman conspired to skim cash receipts and maintain a double set of books in order to underreport income to their accountant and tax return preparer. One set of books was an accurate accounting of sales, while a second set of books fraudulently omitted nearly $4 million in cash receipts skimmed from the business. Nowak and Suliman provided the fraudulent books to their accountant-return preparer, causing the return preparer to create false corporate tax returns that underreported gross receipts and taxable income. Nowak and Suliman also had their individual income tax returns prepared to falsely underreport their income and tax owed. For tax years 2006 to 2009, Nowak reported a total income tax owed of only $313, when in fact Nowak owed more than $400,000. The total tax loss from the conspiracy is nearly $1 million.
“Cash sales are not an opportunity for business owners to shortchange the government or produce multiple sets of books,” said Principal Deputy Assistant Attorney General Ciraolo. “Owners are subject to the same legal obligations that their W-2 employees comply with every pay period – they must accurately report their income to the IRS and pay their fair share of taxes. As Mr. Nowak learned today, if they refuse to do so, the Department of Justice and the IRS will work to see that they are identified and held accountable.”
“When business owners willfully skim cash and cause their true income to be underreported to the IRS, they are stealing from the U.S. Treasury,” said U.S. Attorney Bogden. “The IRS and our office take these cases seriously, and we will continue to seek judgments, injunctions, and criminal convictions that often carry substantial prison sentences, restitution and financial penalties.”
“The license to run a business is not a license to avoid paying taxes,” said Special Agent in Charge Tara Sullivan for the Internal Revenue Service’s Criminal Investigations (IRS-CI). “Mr. Nowak’s misconduct, skimming nearly $4 million from his business and filing false tax returns, cheated all Americans, since we all pay our fair share for the government services and protections that we enjoy.”
A sentencing date has been scheduled for Nov. 17. Nowak faces a statutory maximum sentence of five years in prison on the charge of conspiracy to defraud the United States, five years on each charge of tax evasion and three years on each charge of assisting in the preparation and filing of false tax returns. He also faces supervised release and substantial monetary penalties. Suliman pleaded guilty in July 2014 to conspiring to defraud the United States and is awaiting sentencing.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Bogden commended special agents of IRS-CI, who investigated the case and Assistant U.S. Attorney Kathryn C. Newman for the District of Nevada and Trial Attorney Eric C. Schmale of the Tax Division, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Northern California Restaurant Owner Pleads Guilty to Obstructing the Internal Revenue Laws and Harboring Illegal Aliens for ProfitRead the Press Release
A Ukiah, California, restaurateur pleaded guilty today before U.S. District Judge Edward M. Chen for the Northern District of California to corruptly endeavoring to obstruct the due administration of the internal revenue laws and to harboring illegal aliens for profit, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Brian J. Stretch of the Northern District of California, Special Agent in Charge Ryan Spradlin of U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and Special Agent in Charge Michael T. Batdorf of the Internal Revenue Service’s Criminal Investigation (IRS-CI).
Yaowapha Ritdet, 56, admitted that she knowingly hired Thai nationals who were illegally present in the United States to work at her restaurants, Ruen Tong Thai Cuisine and Walter Café, both located in Ukiah.
Ritdet further admitted that she underpaid employees and instructed them not to speak to anyone about their immigration status. Ritdet also admitted that she willfully filed false individual income tax returns for tax years 2007 through 2011, failing to disclose gross receipts, sales and income received from her two restaurants, as well as rental income and a foreign bank account and failed to accurately report employment taxes owed for her restaurant employees, who were paid in cash.
Ritdet is scheduled to be sentenced on Feb. 22, 2017.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Brian J. Stretch commended special agents of IRS-CI and HSI, who investigated the case; the U.S. Department of Labor, Wage and Hour Division, which identified the underpayment of wages and overtime; and Trial Attorney Charles A. O’Reilly of the Tax Division and Assistant U.S. Attorney Jose A. Olivera, who are prosecuting the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
Heir Location Services Company and Co-Owner Charged with Customer Allocation SchemeRead the Press Release
A Salt Lake City-based heir location services provider and its co-owner have been indicted for participating in a conspiracy to allocate customers with another heir location firm, the Department of Justice announced today.
According to the one-count felony indictment filed today in the U.S. District Court for the District of Utah, Kemp & Associates Inc. and its co-owner and vice president, Daniel J. Mannix, conspired with a competitor to suppress and eliminate competition by agreeing to allocate customers of heir location services sold in the United States between 1999 and 2014.
Heir location firms identify people who may be entitled to an inheritance from the estate of someone who died without a will. The heir location firms then enter into agreements with those people to help secure their inheritances in exchange for a fee.
“For over a decade, the defendants schemed to line their pockets at the expense of beneficiaries,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division. “These charges underscore the division’s commitment to hold heir location services executives and their companies accountable for cheating heirs whose relatives died without a will.”
With today’s charges, three executives and two companies have been charged as a result of the ongoing federal antitrust investigation into customer allocation, price fixing, bid rigging and other anticompetitive conduct in the heir location services industry, which is being conducted by the Antitrust Division’s Chicago Office and the FBI’s Salt Lake City Division, with assistance from the U.S. Attorney’s Office of the District of Utah and the U.S. Attorney’s Office of the Northern District of Illinois.
Anyone with information concerning the focus of this investigation should contact the Antitrust Division’s Chicago Office at 312-984-7200, visit www.justice.gov/atr/contact/newcase.html or call the FBI’s Salt Lake City office at 801-579-1400.
Kemp & Mannix Indictment
Maryland Tax Return Preparer Held in Contempt of Court for Violating Court Order Barring Her from Preparing Tax ReturnsRead the Press Release
Court Orders Return Preparer to Return to Her Customers the Portion of Their Refunds Diverted to Her Own Account
A federal court in Greenbelt, Maryland, held Barbara Lynn McCarthy in contempt for preparing federal income tax returns in violation of a prior order that prohibited her from acting as a return preparer. In 2014, the District Court enjoined McCarthy, who formerly operated as Barbara’s Tax Service, from preparing tax returns.
After entry of injunction, the Internal Revenue Service (IRS) discovered that McCarthy continued preparing tax returns despite the court’s order banning her from doing so. The court held a hearing on Aug. 11, to determine whether McCarthy had prepared returns in violation of the court’s injunction. At the hearing the government established that McCarthy violated the court’s order and the court has now ordered McCarthy to return to her customers the portions of their tax refunds McCarthy diverted to herself. The court also ordered McCarthy to pay the United States $2,500 for her actions after the injunction. Finally, the court ordered McCarthy to provide the government with a list of all tax returns she prepared since the injunction was put in place.
Return preparer fraud is one of the IRS’s Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Justice Department Releases 2016 Federal Interagency Reentry Council ReportRead the Press Release
The Department of Justice today released A Record of Progress and a Roadmap for the Future – a report of the Federal Interagency Reentry Council (Reentry Council) that provides an overview of the Council’s accomplishments to date and lays out a path forward. Originally an informal collaboration among federal agencies, President Barack Obama formally established the Reentry Council in 2016 with a mission to make communities safer by reducing recidivism and victimization; help those who return from prison and jail to become productive citizens; and save taxpayer dollars by lowering the direct and collateral costs of incarceration. The report charts a course for implementing policy changes and ensuring the council’s efforts continue to serve as a guide to the reentry field.
“All too often, returning citizens face enormous barriers that persist long after they have paid their debts to society – and with over 600,000 people released from federal and state prisons every year, how we treat reentering individuals is a question with far-reaching implications for all of us,” said Attorney General Loretta E. Lynch. “That’s why the Reentry Council is dedicated to expanding access to the foundations of a stable life – employment, education, housing, healthcare, and civic participation – so that formerly incarcerated individuals can receive a true second chance, and so that every American can enjoy stronger and safer communities.”
Comprised of more than 20 federal agencies, the Reentry Council works to improve outcomes related to employment, education, housing, health and child welfare. Reentry Council agencies coordinate and leverage existing federal resources; dispel myths and clarify policies; elevate programs and policies that work; and reduce the policy barriers to successful reentry.
The Justice Department first convened the Reentry Council in 2011, in an effort to engage a wide range of federal agencies in developing and advancing innovative and comprehensive approaches to reentry. Over the last five years the Reentry Council has continued to meet in order to expand the range of tools that the government uses to ensure that individuals returning to the community from prison or jail have a meaningful chance to rebuild their lives and reclaim their futures. On April 29, 2016, President Obama issued a Presidential Memorandum formally establishing the Reentry Council, recognizing the work that the council has achieved thus far, and enabling the council to continue its work going forward. The Reentry Council is co-chaired by Attorney General Lynch and Domestic Policy Council Director Cecilia Muñoz.
In addition to the Reentry Council report, the department is issuing a Reentry Week After Action Report. During the inaugural National Reentry Week the department sponsored over 550 events designed to improve reentry outcomes and raise awareness of the importance of successful reentry. U.S. Attorney’s Offices alone hosted over 200 events, and Bureau of Prisons facilities held more than 370 events. Partners across the federal government also held events – as did state, local and nonprofit agencies across the country. Events took place in all 50 states, the District of Columbia, Puerto Rico and the Virgin Islands. National Reentry Week took place on April 23 – April 30, 2016.
Federal Agencies Issue Joint Guidance to Help Emergency Preparedness, Response and Recovery Providers Comply with Title VI of the Civil Rights ActRead the Press Release
The Departments of Justice, Health and Human Services, Housing and Urban Development, Homeland Security and Transportation today issued joint guidance to help ensure that recipients of federal financial assistance do not discriminate against individuals and communities on the basis of race, color or nation origin when providing emergency preparedness, response and recovery services.
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color or national origin in federally-funded programs or activities. Discrimination in a recipient’s emergency response measures violates Title VI of the Civil Rights Act of 1964.
The guidance suggests a series of steps recipients can adopt now to ensure compliance:
- Share information about housing, health services or other emergency-related services and nondiscrimination rights to diverse racial, ethnic and Limited English Proficient (LEP) populations;
- Engage with and seek input from diverse racial, ethnic and LEP populations to determine how best to tailor emergency planning, response and recovery efforts;
- Widely disseminate evacuation and disaster preparedness plans, including to LEP populations;
- Ensure that all entities know that most public services for protection of life and safety provided by recipients of federal financial assistance do not have immigration status restrictions; and
- Routinely collect and analyze information about the potentially affected populations to help ensure effective, nondiscriminatory allocation of resources and services.
“In times of emergency, the law requires that federal funding recipients provide equal services to all people and all communities,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “This guidance will help ensure that individuals in need of assistance are not discriminated against during future hurricanes, wildfires and other catastrophic events.”
“Our guidance reminds recipients that Title VI compliance obligations are not up for debate,” said Director Leslie Proll of the Departmental Office of Civil Rights for the Department of Transportation. “It applies at all times and cannot be waived before, during, or in the aftermath of emergencies and disasters.”
Additionally, two new resources are being issued today to assist recipients of federal financial assistance: the Department of Justice’s Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response and Recovery; and the Department of Health and Human Services’ Checklist for Recipients of Federal Financial Assistance, which facilitates the integration of the whole community into emergency-related activities.
“Discriminatory practices in health care can be life-threatening and this is especially true in emergencies and disaster situations,” said Director Jocelyn Samuels of the Department of Health and Human Services’ Office for Civil Rights. “This guidance will help leaders in the emergency management community understand their obligations under Title VI and the critical steps they can take to best serve the whole community, including individuals with access and functional needs.”
Both resources and the guidance can be found on the agencies’ websites and the new civil rights section of the Federal Emergency Management Agency (FEMA) website at www.fema.gov/media-library/assets/documents/26070.
“Discrimination has no place in the disaster response and recovery process.” said Director Willisa Donald of FEMA’s Office of Equal Rights. “Everyone must be treated equally when it comes to supporting survivors in their greatest time of need and this guidance will build on our work to make sure those we partner with share our values of fairness and equality.”
“Complying with Title VI requirements, as well as requirements to ensure equal access to persons with disabilities as required by federal civil rights law, becomes even more important during emergencies and disasters in order to ensure that no one is unjustly denied critical services and support,” said Megan H. Mack, Officer for Civil Rights and Civil Liberties of the Department of Homeland Security. “The guidance embraces the principles of the National Preparedness Goal and National Planning Frameworks in which the federal government seeks to enable the whole community, including but not limited to those from racial and ethnically diverse backgrounds, and persons with limited English proficiency, to contribute to and benefit from national preparedness.”
“Families who lose their homes to natural disasters shouldn’t have their loss compounded by discrimination at a time when they are struggling to put that essential component of their lives back together,” said Gustavo F. Velasquez, Assistant Secretary for Fair Housing and Equal Opportunity for the Department of Housing and Urban Development. “The joint guidance makes it clear that recipients of federal funding have an obligation to treat every person affected by national emergencies equally.”
The Civil Rights Division and the agencies’ offices for civil rights are responsible for enforcing Title VI by ensuring that their recipients of federal financial assistance do not discriminate on the bases of race, color or national origin. Additional information about these offices is available through the following links:
Department of Justice’s Civil Rights Division at www.justice.gov/crt; Office of Justice Program’s Office of Civil Rights at http://ojp.gov/about/offices/ocr.htm; Office for Access to Justice at www.justice.gov/atj; Department of Homeland Security’s Office for Civil Rights and Civil Liberties at www.dhs.gov/office-civil-rights-and-civil-liberties; Department of Health and Human Service’s Office for Civil Rights at www.hhs.gov/ocr/; Department of Housing and Urban Development’s Fair Housing and Equal Opportunity Office at www.portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; and Department of Transportation’s Departmental Office of Civil Rights at www.transportation.gov/civil-rights.
Emergency Preparedness Guidance
Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness
Checklist for Recipients of Federal Financial Assistance
Agencias Federales Emiten Directrices Conjuntas Para Ayudar A Los Proveedores De Preparación, Respuesta Y Recuperación Frente A Emergencias A Cumplir Con El Título Vi De La Ley De Derechos CivilesRead the Press Release
Los Departamentos de Justicia, Salud y Servicios Humanos, Vivienda y Desarrollo Urbano, Seguridad Nacional y Transporte emitieron hoy directrices conjuntas para ayudar a asegurar que los beneficiarios de asistencia financiera federal no discriminen en contra de personas y comunidades sobre la base de la raza, el color o el origen nacional al ofrecer servicios de preparación, respuesta y recuperación ante emergencias.
El Título VI de la Ley de Derechos Civiles de 1964 prohibe la discriminación sobre la base de la raza, el color o el origen nacional en programas o actividades financiadas por el gobierno federal. La discriminación en las medidas de respuesta a emergencias de un receptor de financiamiento viola el Título VI de la Ley de Derechos Civiles de 1964.
La directriz sugiere una serie de medidas que los receptores pueden tomar ahora para garantizar el cumplimiento:
- Transmitir información sobre vivienda, servicios de salud u otros servicios relacionados con las emergencias y los derechos de no discriminación a diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población.
- Involucrarse con diversos sectores raciales, étnicos y con fluidez limitada en inglés de la población y pedirles su opinión para determinar cuál es la mejor manera de personalizar iniciativas de planificación, respuesta y recuperación frente a emergencias;
- Diseminar ampliamente planes de evacuación y preparación para desastres, lo que incluye a sectores con fluidez limitada en inglés de la población;
- Asegurarse de que todas las entidades sepan que la mayoría de los servicios públicos para la protección de la vida y la seguridad ofrecidos por beneficiarios de asistencia financiera federal no tienen restricciones por estado inmigratorio;
- Recabar y analizar periódicamente información sobre las poblaciones potencialmente afectadas para ayudar a asegurar una distribución eficaz y no discriminatoria de recursos y servicios.
“En momentos de emergencia, la ley exige que los beneficiarios de financiamiento federal ofrezcan igualdad de servicios a todas las personas y comunidades,” dijo la Fiscal General Adjunta Auxiliar Vanita Gupta, líder de la División de Derechos Civiles del Departamento de Justicia. “Esta directriz ayudará a garantizar que las personas que necesitan asistencia no sean discriminadas durante futuros huracanes, incendios forestales y otros eventos catastróficos.”
“Nuestra directriz les recuerda a los receptores que las obligaciones de cumplimiento del Título VI no están sujetas a debate,” dijo Leslie Proll, Directora de la Oficina Departamental de Derechos Civiles del Departamento de Transporte. “Se aplica en todo momento y no puede dejar de aplicarse antes, durante o después de emergencias y desastres.”
Además, hoy se están publicando dos nuevos recursos para ayudar a los receptores de asistencia financiera federal: los Consejos y Herramientas del Departamento de Justicia para dar alcance a comunidades con fluidez limitada en inglés en la preparación, respuesta y recuperación ante emergencias; y la Lista de Verificación del Departamento de Salud y Servicios Humanos para los receptores de asistencia financiera federal, que facilita la integración de toda la comunidad a actividades relacionadas con las emergencias.
“Las prácticas discriminatorias en la atención médica pueden poner en riesgo la vida y esto es especialmente cierto en situaciones de emergencias y desastres,” dijo Jocelyn Samuels, Directora de la Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos. “Esta directriz ayudará a los líderes de la comunidad de gestión de emergencias a comprender sus obligaciones bajo el Título VI y las medidas críticas que pueden tomar para brindar un mejor servicio a toda su comunidad, lo que incluye a personas con necesidades funcionales y de acceso.”
Ambos recursos y la directriz se encuentran en los portales de las agencias y el portal de la nueva sección de derechos civiles de la Agencia Federal para el Manejo de Emergencias [Federal Emergency Management Agency (FEMA)] en www.fema.gov/media-library/assets/documents/26070.
“La discriminación no tiene cabida en el proceso de respuesta y recuperación ante desastres,” dijo Willisa Donald, Directora de la Oficina de Igualdad de Derechos de la FEMA. “Todas las personas deben ser tratadas con igualdad cuando se trate de apoyar a los sobrevivientes en su momento de mayor necesidad y esta directriz apoyará nuestra labor para asegurarnos de que las personas con las que nos asociemos compartan nuestros valores de justicia e igualdad.”
“El cumplimiento de los requisitos del Título VI, así como de los requisitos para garantizar la igualdad de acceso a personas con discapacidades según lo exigido por las leyes federales de derechos civiles, se hace aún más importante durante emergencias y desastres para garantizar que no se le deniegue a nadie injustamente servicios y apoyo cruciales,” dijo Megan H. Mack, Funcionaria de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional. “La directriz incorpora los principios de la Meta de preparación nacional y los Marcos de planificación nacional en los que el gobierno federal busca permitir que toda la comunidad, que incluye a personas con orígenes raciales y étnicos diversos y a personas con fluidez limitada en inglés, contribuya a la preparación nacional y se beneficie con ella.”
“Las familias que pierden sus hogares por desastres naturales no deberían sufrir un agravamiento de su situación por culpa de la discriminación en un momento en que sufren por recomponer ese componente esencial de sus vidas,” dijo Gustavo F. Velasquez, Secretario Auxiliar de Vivienda Justa e Igualdad de Oportunidades para el Departamento de Vivienda y Desarrollo Urbano. “La directriz conjunta deja en claro que los receptores de financiamiento federal tienen la obligación de tratar equitativamente a todas las personas afectadas por emergencias nacionales.”
La División de Derechos Civiles y las oficinas de derechos civiles de las agencias son responsables de hacer cumplir el Título VI asegurándose de que sus receptores de asistencia financiera federal no discriminen sobre la base de la raza, el color o el origen nacional. En los siguientes enlaces se puede encontrar información adicional sobre estas oficinas:
División de Derechos Civiles del Departamento de Justicia en www.justice.gov/crt; Oficina de Derechos Civiles de la Oficina de Programas Judiciales en http://ojp.gov/about/offices/ocr.htm; Oficina de Acceso a la Justicia en https://www.justice.gov/atj; la Oficina de Derechos Civiles y Libertades Civiles del Departamento de Seguridad Nacional en https://www.dhs.gov/office-civil-rights-and-civil-liberties; Oficina de Derechos Civiles del Departamento de Salud y Servicios Humanos en www.hhs.gov/ocr/; Oficina de Vivienda Justa e Igualdad de Oportunidades del Departamento de Vivienda y Desarrollo Urbano en http://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp; y Oficina Departamental de Derechos Civiles del Departamento de Transporte en https://www.transportation.gov/civil-rights.
La Directriz
Summary of the Justice Forum in DetroitRead the Press Release
***Photos Below***
In the wake of the recent tragedies in Baton Rouge, Louisiana; Dallas; and St. Paul, Minnesota, Attorney General Loretta E. Lynch convened the first in a series of regional Justice Forums on Aug. 3, 2016, at Wayne State University in Detroit, with regional stakeholders from the law enforcement, youth, faith, non-profit and civil rights communities. The Attorney General, along with other department officials, hosted the Justice Forum to create a working group setting for local community leaders, youth advocates, law enforcement, and state and local officials to critically examine police-community issues in their respective cities and regions and seek solutions together. Attorney General Lynch was also joined by U.S. Attorney Barbara McQuade of the Eastern District of Michigan, U.S. Attorney Patrick Miles of the Western District of Michigan, Assistant Attorney General Karol Mason of the Office of Justice Programs, head of the Civil Rights Division Vanita Gupta, Director Ron Davis of the Office of Community Oriented Policing Services (COPS Office), and Director Paul Monteiro of the Community Relations Service (CRS).
“Law enforcement agencies cannot provide effective policing without the trust of the communities they serve,” said U.S. Attorney McQuade. “The Justice Forum in Detroit gave stakeholders a chance to hear different perspectives, explain the challenges they face, and gain a deeper understanding for how police and community can work together to improve public safety and advance the cause of justice.”
During the working meeting, community members and stakeholders proposed ideas related to training and education, officer safety and wellness, community engagement, positive police-community encounters, diversity, data collection, crisis response, resources, transparency and officer accountability. Many of the ideas focused on strengthening the community from the ground up by building stronger ties between law enforcement and the community – including training for officers and the public on mental health, wellness, and implicit bias; promoting diversity in police departments to reflect their communities; better funding for public education; devoting more resources to community policing efforts; and engaging media to capture positive examples of police-community interactions.
In addition to the various policy ideas raised at the Detroit Justice Forum, below are a few examples demonstrating specific ways in which the local Detroit, Flint and Dearborn communities are working collaboratively to strengthen police-community relations and engagement.
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Establish and support groups like ALPACT (Advocates and Leaders for Police and Community Trust), which bring together police and community stakeholders on regular basis to discuss police and community relations, promote community trust, and reduce tension. ALPACT has met on a regular basis for 15 years, and has provided a forum to discuss police-related shootings and other issues that test police and community relationships. The ongoing relationships between ALPACT members provide a trusting environment where tensions can be voiced and diffused.
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For youth, create programs like the Michigan State Police Youth Leadership Academy, where young people can be exposed to careers in law enforcement and get to know police officers at a personal level as mentors.
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Create more law enforcement-cultural awareness groups, similar to BRIDGES (Building Respect in Diverse Groups to Enhance Sensitivity), which is a partnership between law enforcement agencies and leaders in the Arab and Muslim American communities in the metro-Detroit region. BRIDGES meets quarterly to provide a forum to address issues of mutual concern and to foster better understanding on topics ranging from cultural sensitivity to hate crimes; from police and community relations to law enforcement policies and procedures.
The Justice Forum series will continue over the next several months in cities across the nation. And in the coming months, the Department of Justice will release a Justice Forum After-Action Report outlining the specific recommendations presented at the regional working group discussions. The After-Action Report will provide a rubric for other communities across the country that are seeking ways to help build sustained positive engagement between community members, law enforcement, elected officials and other local stakeholders.
Copied below is a list of invited organizations and speakers that presented at the Justice Forum in Detroit.
Speakers:
Attorney General Loretta E. Lynch
U.S. Attorney Barbara L. McQuade of the Eastern District of Michigan
Congressman John Conyers Jr. of the 13th District of Michigan
Detroit Mayor Mike Duggan
Detroit Police Chief James Craig
Dearborn Chief Ronald Haddad
Flint Police Chief Tim Johnson
Presentation Leaders:
Rev. Wendell Anthony, Detroit NAACP
Prosecutor Kym Worthy, Wayne County
Community leader Eva Garza DeWaelsche, SER Metro
Darnell Blackburn, Michigan Commission on Law Enforcement Standards
Marcell Payton, NSO Youth Initiative and MBK-Detroit
Invited Organizations:
Michigan Commission on Law Enforcement Standards
Michigan Association Chiefs of Police
Skillman Foundation, My Brother’s Keeper Detroit
American-Arab Anti-Discrimination Committee (ADC)
NAACP Detroit
New Starlight Baptist Church
Arab American Civil Rights League
Black Lives Matter
Grosse Pointe NAACP
DLIVE Program
Anti-Defamation League
Hudson-Webber Foundation
LGBT Detroit
Greater Grace Temple
Downtown Detroit Partnership
Neighborhood Services Organization
Wayne State University Center for Peace, Conflict Studies
Detroit Hispanic Development Corp.
Michigan Roundtable Diversity/Inclusion
Congress of Communities
New Detroit
Macomb NAACP
Black Family Development
National Action Network
2nd Ebenezer Church
American Civil Liberties Union
Sinai Hospital Trauma Intervention
Equality Michigan
High School and College Students
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Justice Department Settles Immigration-Related Discrimination Claim Against San Diego Staffing CompanyRead the Press Release
The Justice Department reached an agreement today with TEG Staffing Inc., also known as Eastridge Workforce Solutions, a temporary staffing agency headquartered in San Diego, to resolve allegations that their Mira Mesa, California, office discriminated against work-authorized non-U.S. citizens in violation of the Immigration and Nationality Act (INA).
The department’s investigation found that from at least March 2014 until at least September 2015, Eastridge had a pattern or practice of requesting specific immigration documents from non-U.S. citizens for the Form I-9 and E-Verify processes. In contrast, Eastridge allowed U.S. citizens to present whichever valid documents they wanted to present to prove their work authorization. Under the INA, all workers, including non-U.S. citizens, must be allowed to choose whichever valid documentation they would like to present from the Lists of Acceptable Documents to prove their work authorization, such as a driver’s license and unrestricted Social Security card. It is unlawful for an employer to limit employees’ choice of documentation because of their citizenship or immigration status.
Under the terms of the settlement agreement, Eastridge will pay $175,000 in civil penalties, and among other provisions, will undergo department monitoring and review of its processes for verifying the work authorization of newly hired employees.
“Staffing agencies and employers must comply with federal law to ensure they don’t discriminate against lawful, authorized U.S. workers,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department's Civil Rights Division. “Workers who get a job through a staffing agency should not confront unfair and unlawful barriers to joining the workforce and contributing to our economy.”
The Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The law prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation and intimidation.
This matter was handled by Equal Opportunity Specialists Tran-Chau Le and Abigail Olson, and Senior Trial Attorney Liza Zamd of the OSC.
To learn more about the protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected] or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they have been subjected to different documentary requirements based on their citizenship, immigration status or national origin; or discrimination based on their citizenship, immigration status or national origin in hiring, firing or recruitment or referral, should contact OSC’s worker hotline for assistance.
Eastridge Settlement
Two Kentucky Men Sentenced to Prison for Stolen Identity Refund FraudRead the Press Release
Two Kentucky men were sentenced to between five and more than six years in prison today after pleading guilty in April and May to conspiring to defraud the United States, wire fraud, and aggravated identity theft, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, and U.S. Attorney Kerry B. Harvey of the Eastern District of Kentucky.
Billy Ray Hamilton and Brian Hamilton were sentenced to serve 60 months and 82 months in prison, respectively. According to court documents, during the years 2011 and 2012, the Hamiltons conspired with others at the Bailey Switch Pawn Shop in Knox County, Kentucky, to submit false income tax returns to fraudulently obtain tax refunds. The Hamiltons prepared and electronically submitted to the Internal Revenue Service (IRS) numerous false federal tax returns. In some cases, they used the identification information of customers of the Bailey Switch Pawn Shop, without their knowledge or consent. In other cases, they obtained taxpayers’ information through a co-conspirator.
“Stolen identity refund fraud damages not just the US taxpayer, but also the individuals whose identities are stolen, privacy invaded, and lives turned upside down,” stated Principal Deputy Assistant Attorney General Ciraolo. “The Department will continue to prosecute offenders such as Billy Ray Hamilton and Brian Hamilton, while at the same time working with the IRS to prevent these crimes from occurring in the first place, by supplying the IRS with real time information on how fraudsters are operating, thereby enhancing the IRS’s capacity to spot phony returns when they are filed and prevent fraudulent refunds from ever being issued.”
“The sentences handed down today highlight the seriousness of the defendants’ conduct,” said Special Agent in Charge Tracey D. Montaño of IRS’s Criminal Investigation (CI) Nashville Field Office. “We will remain vigilant in identifying and investigating those who seek to defraud the American taxpayers by stealing identities and filing false tax returns.”
In addition to the prison terms, U.S. District Judge Amul R. Thapar of the Eastern District of Kentucky ordered Billy Ray Hamilton to serve three years of supervised release and pay restitution to the IRS in the amount of $272,808.98. Judge Thapar ordered Brian Hamilton to serve three years of supervised release and pay restitution to the IRS in the amount of $221,728.74.
On July 12, co-conspirator Patsy Carnes was sentenced to 22 months in prison, and co-conspirator Diana Hill was sentenced to 16 months in prison, for their roles in the scheme.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Harvey commended special agents of IRS – CI, who investigated the case, and Assistant U.S. Attorney Neeraj Gupta of the Eastern District of Kentucky and Trial Attorney Abigail Burger Chingos of the Tax Division, who prosecuted the case.
Additional information about the Tax Division’s enforcement efforts can be found on the division’s website.
DOJ and FTC Seek Views on Proposed Update of the Antitrust Guidelines for Licensing of Intellectual PropertyRead the Press Release
Revisions Undertaken Jointly by the Two Agencies
The Department of Justice’s Antitrust Division and the Federal Trade Commission seek public comment on a proposed update of the Antitrust Guidelines for the Licensing of Intellectual Property, also known as the IP Licensing Guidelines. The IP Licensing Guidelines, which state the agencies’ antitrust enforcement policy with respect to the licensing of intellectual property protected by patent, copyright and trade secret law and of know-how, were issued in 1995 and are now being updated.
In the past 20-plus years, the IP Licensing Guidelines have served their intended purpose of providing guidance to businesses and the public regarding potential antitrust issues that may arise in the context of intellectual property licenses. In their 2007 joint report entitled Antitrust Enforcement and Intellectual Property Rights: Promoting Innovation and Competition (the “Antitrust IP Report”), the agencies reaffirmed the integral role of the IP Licensing Guidelines in their analysis of antitrust and intellectual property issues. With the IP Licensing Guidelines as an analytical tool, the agencies have accumulated additional antitrust enforcement experience and policy expertise in this area. The proposed update announced today reflects this knowledge. It is intended to modernize the IP Licensing Guidelines without changing the agencies’ enforcement approach with respect to intellectual property licensing or expanding the IP Licensing Guidelines to address other topics and areas that are addressed, for example, in the 2007 Antitrust IP Report.
“The IP Licensing Guidelines have been invaluable to the department’s investigative and enforcement efforts since they were issued in 1995,” said Acting Assistant Attorney General Renata Hesse, in charge of the Department of Justice’s Antitrust Division. “They have also guided business planning, and they have been cited by courts, in numerous government briefs, business review letters and policy documents. Although the guidelines are sound, it is time to modernize them to reflect changes in the law since they were issued.”
“Licensing is a cornerstone of a strong system of IP rights because it offers one way that firms can maximize the value of their IP and realize an appropriate return on their investment,” said Chairwoman Edith Ramirez of the Federal Trade Commission. “These updated guidelines reaffirm our view that U.S. antitrust law leaves licensing decisions to IP owners, licensees, private negotiations and market forces unless there is evidence that the arrangement likely harms competition.”
In the agencies’ view, the IP Licensing Guidelines remain soundly grounded, as a matter of antitrust law and economics, in three basic principles:
- The agencies apply the same antitrust analysis to conduct involving intellectual property as to conduct involving other forms of property, taking into account the specific characteristics of a particular property right.
- The agencies do not presume that intellectual property creates market power.
- The agencies recognize that intellectual property licensing allows firms to combine complementary factors of production and is generally procompetitive.
Nevertheless, the agencies have determined that some revisions are in order because the IP Licensing Guidelines should accurately reflect intervening changes in statutory and case law. For example, Congress recently enacted the Defend Trade Secrets Act of 2016, creating for the first time a federal cause of action for misappropriation of trade secrets. Also, the change from a 17-year patent term (from the date of grant) to a 20-year patent term (from the date of filing) effectuated by the Uruguay Round Agreements Act of 1994 was on the verge of taking effect when the IP Licensing Guidelines were issued in 1995. Similarly, copyright terms are longer now than when the IP Licensing Guidelines were issued. The proposed updated IP Licensing Guidelines account for these statutory developments.
Case law developments include the Supreme Court’s decision in Illinois Tool Works, Inc. v. Independent Ink, Inc., in which the Court subscribed to the agencies’ view in the IP Licensing Guidelines that a patent does not necessarily confer market power on the patentee. Another important development is the Court’s decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., which held that resale price maintenance (RPM) agreements should be evaluated under the rule of reason, overturning a nearly century-old view of per se illegality. Although Leegin arose in the context of resale price restrictions on goods sold by retailers, the agencies find that its analysis applies equally to pricing restrictions in intellectual property licensing agreements. The IP Licensing Guidelines therefore have been amended to reflect rule-of-reason treatment of vertical price agreements.
The agencies are also updating the IP Licensing Guidelines’ discussion of general principles to reflect the research in the FTC’s 2011 Evolving IP Marketplace report. The agencies also added language to reinforce their longstanding view that “the antitrust laws generally do not impose liability upon a firm for a unilateral refusal to assist its competitors, in part because doing so may undermine incentives for investment and innovation.”
In addition, the agencies are updating the analysis of markets affected by licensing arrangements to mirror the approach taken in the 2010 Horizontal Merger Guidelines. The IP Licensing Guidelines’ approach to innovation markets has been revised to reflect the agencies’ actual experience with this mode of analysis. The proposed update retains the concept of “innovation markets,” but refers to them as “Research and Development Markets” to more accurately reflect how these markets have been defined in enforcement actions.
The agencies are interested in receiving comments on the proposed update from interested parties, including attorneys, economists, academics, consumer groups and the business community. Interested parties may submit public comments to ATR-LPS-IP Guidelines until Monday, Sept. 26. Submitted comments will be made publicly available on the agencies’ websites.
Assistant Attorney General John C. Cruden Announces Appointment of Thomas A. Mariani Jr. to Serve as Chief of the Environment and Natural Resources Division’s Environmental Enforcement SectionRead the Press Release
Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division, announced the appointment of Thomas A. Mariani Jr. to serve as Chief of the division’s Environmental Enforcement Section, effective immediately. Mr. Mariani fills the vacancy left with the departure of W. Benjamin Fisherow in April, who retired as section chief after more than 30 years of public service.
The Environmental Enforcement Section is responsible for the civil enforcement of our nation’s bedrock environmental laws that control pollution, protect public health and the environment and seek recovery of natural resource damages for the American people. As chief, Mr. Mariani will lead approximately 200 public servants who comprise the enforcement section. The section handles a wide range of civil enforcement work, from air, water and land pollution cases to the collection of environmental debts such as cleanup costs. Prior to serving as Chief, Mr. Mariani spent over five years supervising the pursuit of the United States’ civil environmental claims against BP and others, stemming from the April 2010 Deepwater Horizon, oil-spill disaster in the Gulf of Mexico. That matter culminated in the October 2015 announcement of a $20.8 billion settlement with BP, the largest settlement with a single entity in Justice Department history.
“Tom Mariani is not only a determined professional, but also a seasoned environmental lawyer and a true leader who has earned the honor of becoming enforcement chief, a position I once occupied,” said Assistant Attorney General Cruden. “As chief, Tom will be responsible for enforcement of the laws enacted by Congress that protect and preserve the clean air, water and land upon which our nation’s health, fortune and future depend. Tom’s tireless efforts leading the Deepwater Horizon litigation team helped the nation achieve justice and recoup losses after an unprecedented environmental disaster. The results of his and many others’ efforts will continue to help speed the Gulf’s recovery in our lifetimes and profoundly benefit generations of Americans to come.”
Prior to his selection as chief, Mr. Mariani served as a Deputy Chief of the section and, before that, as an Assistant Chief for one of the section’s litigating groups. He joined the Department of Justice in 1986 through its Honors Program. He has worked on a wide variety of cases, including, for example, the Clean Air Act coal-fired power plants initiative, the Clean Water Act initiative to address aging sewer infrastructure in cities across the United States, multi-media cases in the steel industry and many Superfund matters.
In addition to his environmental enforcement work, Mr. Mariani has served in assignments at the U.S. Environmental Protection Agency (EPA) and the U.S. Attorney’s Office for the District of Columbia. He earned his J.D. from the Law School at Columbia University in the city of New York and his undergraduate degree from Hamilton College, in Clinton, New York.
About the Environmental Enforcement Section
The section is one of the largest litigating sections in the Justice Department and includes about one-third of the Environment Division’s lawyers. The section is responsible for bringing civil judicial actions under most federal laws enacted to protect public health and the environment from the adverse effects of pollution, such as the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Oil Pollution Act, the Resource Conservation and Recovery Act (RCRA) and the Superfund law (CERCLA). The section carries out this work on behalf of and in collaboration with many federal agencies, including EPA, the National Oceanic and Atmospheric Administration (NOAA), the Department of the Interior and the U.S. Coast Guard.
The breadth of the section’s practice is extensive and challenging. It includes cases of national scope, such as cases against multiple members of an identified industry (e.g., petroleum refineries, or glass or cement manufacturers), to obtain broad compliance with the nation’s environmental laws. Through its enforcement of the Superfund law, the section seeks to compel responsible parties either to clean up hazardous waste sites or to reimburse the United States for the cost of cleanup, thereby ensuring that they and not the public, bear the burden of paying for cleanup. The Superfund law is also a basis of the section’s actions to recover damages for injury to natural resources that are under the trusteeship of federal agencies.
Two Real Estate Investors Plead Guilty to Rigging Bids at Public Home Foreclosure AuctionsRead the Press Release
22 Defendants Charged in Ongoing Investigation
Two Georgia real estate investors pleaded guilty today for their roles in bid-rigging and fraud conspiracies committed at public real estate foreclosure auctions in Georgia, the Department of Justice announced.
Ellis Galyon and Christopher Anderson each admitted that they agreed with other real estate investors to rig auctions of foreclosed homes in the Atlanta metro area. According to court documents filed today in the U.S. District Court of the Northern District of Georgia in Atlanta, the conspirators agreed not to compete for the purchase of selected foreclosed homes so that they could win the auctions for those homes with artificially low bids. The winning bidders then paid off the other conspirators who had refrained from bidding against them. As a result of Galyon and Anderson’s actions, conspirators profited from money that otherwise would have gone to mortgage holders and other secured debt holders and, in some cases, to the people who owned the foreclosed homes.
Galyon admitted to participating in the conspiracy in Fulton County between June 2007 and at least July 2011. Anderson admitted to participating in the conspiracy in Fulton County between December 2007 and October 2011 and in DeKalb County between September 2009 and November 2011.
Including Galyon and Anderson, twenty-two defendants have been charged in connection with the department’s ongoing investigation into bid rigging and fraudulent schemes involving real estate foreclosure auctions in the Atlanta area. Twenty of those have either pleaded guilty or agreed to plead guilty.
These charges have been filed as a result of the ongoing investigation being conducted by the Antitrust Division’s Washington Criminal II Section, the FBI’s Atlanta Division and the U.S. Attorney’s Office of the Northern District of Georgia, in connection with the President’s Financial Fraud Enforcement Task Force. The president established the task force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes. With more than 20 federal agencies, 94 U.S. Attorneys’ Offices, and state and local partners, it is the broadest coalition of law enforcement, investigatory and regulatory agencies ever assembled to combat fraud. Since fiscal year 2009, the Justice Department has filed over 18,000 financial fraud cases against more than 25,000 defendants.
For more information about the task force, please visit www.StopFraud.gov. Anyone with information concerning bid rigging or fraud related to public real estate foreclosure auctions should contact the Washington Criminal II Section of the Antitrust Division at 202-598-4000, call the Antitrust Division’s Citizen Complaint Center at 888-647-3258 or visit http://www.justice.gov/atr/report-violations.
Online Retailer Pleads Guilty for Fixing Prices of Wall PostersRead the Press Release
Second Defendant to Plead Guilty in Ongoing Investigation
An e-commerce retailer pleaded guilty today for conspiring to fix the prices of posters sold online, the Department of Justice announced today.
Trod Ltd. (doing business as Buy 4 Less, Buy For Less and Buy-For-Less-Online), a U.K. company headquartered in Birmingham, England, pleaded guilty to fixing the prices of certain posters sold online through Amazon Marketplace from as early as September 2013 until in or about January 2014. Trod Ltd. was indicted by a federal grand jury in the Northern District of California in San Francisco on Aug. 27, 2015.
“E-commerce is among the fastest growing segments of our economy,” said Acting Assistant Attorney General Renata Hesse for the Justice Department’s Antitrust Division. “For this robust growth to continue, customers must be confident that they will receive the same benefits of vigorous competition on the web as they do at brick-and-mortar stores. We will continue to ensure that happens by investigating and prosecuting schemes that harm online shoppers.”
According to the indictment, Trod Ltd. and its co-conspirators agreed to adopt specific pricing algorithms for the sale of certain posters sold on Amazon Marketplace, with the goal of offering online shoppers the same price for the same product and coordinating changes to their respective prices.
This prosecution arose from an ongoing federal antitrust investigation into price fixing in the online wall décor industry, which is being conducted by the Antitrust Division’s San Francisco Office with the assistance of the FBI’s San Francisco Division. Anyone with information on price fixing or other anticompetitive conduct related to other products in the wall décor industry should contact the Antitrust Division’s Citizen Complaint Center at 888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI tip line at 415-553-7400.
Florida Tax Return Preparers Indicted for Conspiring to Defraud the United States and Preparing False Income Tax ReturnsRead the Press Release
A federal grand jury in the Southern District of Florida returned an indictment on July 28, which was unsealed today, charging two Florida income tax return preparers with one count of conspiring to defraud the United States and nine counts each of aiding and assisting in the preparation of false federal income tax returns, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to allegations in the indictment, Earl Moise and Shahab Shaukat, both of Palm Beach County, Florida, conspired to prepare false and fraudulent individual income tax returns for others for the 2010 through 2012 tax years. Moise and Shaukat operated the Stuart, Florida branch of Tax R Us, preparing false returns inside that office. Additionally, Moise is charged with one count of fraudulently filing his own federal income tax return for 2011. It is alleged that these tax returns included false education and American Opportunity credits, as well as false statements regarding business income or deductions.
If convicted, Moise and Shaukat each face a statutory maximum sentence of five years in prison for the conspiracy count and three years in prison for each count of aiding and assisting in the preparation of false tax returns. In addition, Moise faces a statutory maximum of three years in prison for the one count of filing a false tax return. Both defendants face terms of supervised release, monetary penalties, and the payment of restitution to the Internal Revenue Service (IRS).
An indictment merely alleges that crimes have been committed and defendants are presumed innocent until proven guilty beyond a reasonable doubt.
Principal Deputy Assistant Attorney General Ciraolo commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorneys Gregory P. Bailey and Michael Hatzimichalis of the Tax Division, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Federal Court Orders Remedy Following Court of Appeals Decision in Texas Voter ID CaseRead the Press Release
The U.S. District Court for the Southern District of Texas issued an order late yesterday significantly expanding the opportunities for eligible Texas voters without specific forms of photo identification to cast valid ballots in upcoming elections.
According to the order, eligible voters who face a reasonable impediment to obtaining specific forms of photo ID will be able to cast a regular ballot at the polls after signing a simple declaration and presenting a document from a more expansive list. This solutions echoes provisions already in federal law.
The order follows the outline of an agreement that the Justice Department reached with private plaintiffs and with the state of Texas. It implements changes in accordance with the July 20, 2016, decision by the full U.S. Court of Appeals for the Fifth Circuit, affirming an earlier ruling that the state’s 2011 photo identification law violated Section 2 of the Voting Rights Act (VRA).
“Our democratic process depends on ensuring that eligible citizens can cast their votes without undue discriminatory hurdles,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The court’s interim remedy order is a very important step toward a process designed to provide that opportunity for hundreds of thousands of eligible Texans.”
The challenged 2011 photo identification law allowed most registered Texas voters to cast a regular ballot at the polls only if they were able to show one of a few limited forms of photo ID, like a state-issued driver’s license or a license to carry a handgun. The law also mandated that registered Texans could only use such ID if it was current or expired no more than 60 days beforehand. The federal court order now allows registered voters with the requisite ID to vote, even if that ID expired up to four years ago. It also allows registered voters who face a reasonable impediment to obtaining such ID to cast a regular ballot after signing a simple declaration and presenting a voter registration certificate, a certified birth certificate, a current utility bill, a bank statement, a government check, a paycheck or any other government document that displays the voter’s name and address.
More information about the VRA and other federal voting laws is available on the division’s website at www.justice.gov/crt/about/vot/. Complaints about voter registration practices may be reported to the Civil Rights Division’s Voting Section at 1-800-253-3931.
20160810 Interim Remedy Order
Lincoln Military Housing Agrees to Pay $200,000 to Settle Servicemembers Civil Relief Act ViolationsRead the Press Release
Case Marks First Time the Justice Department has Filed Suit Alleging Unlawful Eviction of Active-Duty Servicemembers
The Justice Department announced today that Lincoln Military Housing, which owns and operates dozens of on-base and off-base military housing communities throughout Southern California, has agreed to pay $200,000 to resolve allegations that it unlawfully evicted active-duty servicemembers and their families by obtaining default judgments against them, in violation of the Servicemembers Civil Relief Act (SCRA). This is the first case that the Justice Department has filed alleging the unlawful eviction of servicemembers from their homes.
The SCRA provides servicemembers with protections against certain transactions that could adversely affect their civil legal rights while they are in military service. Under the SCRA, if a tenant who is on active duty is sued for eviction and does not make an appearance in the case for any reason, the landlord must file an affidavit with the court stating whether the tenant is in military service, showing necessary facts to support the affidavit. To evict a tenant in California, a landlord must first obtain a court order. The complaint alleges that Lincoln Military Housing requested default judgments against servicemembers without filing the affidavits required by the SCRA to alert the court of the tenants’ military status. As a result, servicemembers were put at risk of being evicted without having an opportunity to participate in the case and without having an attorney assigned to represent them.
Despite the fact that the servicemembers who are receiving compensation under the settlement were all in military service at the time of their evictions, Lincoln Military Housing filed affidavits stating that no defendants were in military service.
Under the consent order, which is still subject to approval by U.S. District Court for the Southern District of California, Lincoln Military Housing must pay each aggrieved servicemember $35,000, vacate the eviction judgment, forgive any deficiency balance and ask the credit bureaus to remove the evictions from their credit reports. In addition to compensating the servicemembers, Lincoln Military Housing must pay a civil penalty of $60,000 to the United States.
“Lincoln Military Housing unlawfully evicted active duty servicemembers and their families from their homes,” said Principal Deputy Associate Attorney General Bill Baer. “This settlement rights that wrong and serves as a powerful reminder that we will protect and defend the rights of those who protect us all.”
“Our servicemembers, who risk their lives to protect our freedom, should never return from duty to find their civil rights violated and their families evicted,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department will continue our vigorous and robust enforcement of the SCRA to safeguard the rights of those who defend us.”
“The Servicemembers Civil Relief Act was designed to protect our servicemembers and their dependents answering our nation’s call to duty,” said U.S. Attorney Laura E. Duffy of the Southern District of California. “Servicemembers should not have to worry about their families being evicted while they are serving the United States. We will continue to enforce the laws that protect our warfighters.”
The settlement also requires Lincoln Military Housing to make systemic changes to its business practices, including providing SCRA training to its employees and developing new policies and procedures consistent with the SCRA. The policies and procedures will require Lincoln Military Housing and its agents to review the Department of Defense Manpower Data Center (DMDC) database and file a proper affidavit of military service before seeking a default judgment against a tenant in an eviction action.
Servicemembers and their dependents who believe that their SCRA rights have been violated should contact the nearest Armed Forces Legal Assistance Program office. Office locations may be found at http://legalassistance.law.af.mil/content/locator.php. Additional information on the department’s enforcement of the SCRA and other laws protecting servicemembers is available at www.servicemembers.gov.
This matter resulted from a referral to the Justice Department by the Legal Services Support Team at Marine Corps Air Station Miramar.
This matter was jointly handled by the U.S. Attorney’s Office of the Southern District of California and the Civil Rights Division’s Housing and Civil Enforcement Section. The department’s investigation was done in coordination with the California Office of the Attorney General, which filed its own case today in state court under California’s Rosenthal Fair Debt Collection Practices Act.
Justice Department Revises Regulations to Implement Requirements of ADA Amendments Act of 2008Read the Press Release
A final rule revising the Justice Department’s Americans with Disabilities Act (ADA) Title II and Title III regulations to implement the requirements of the ADA Amendments Act of 2008 (ADAAA) was made available for public inspection by the Federal Register today. The final rule will be published in the Federal Register tomorrow and will take effect 60 days after publication, which will be Oct. 11, 2016.
Congress passed the ADAAA in response to several Supreme Court decisions that narrowly interpreted the ADA’s definition of disability, leading ultimately to the exclusion from coverage of individuals with cancer, diabetes, epilepsy, attention deficit hyperactivity disorder, learning disabilities and other disabilities. The ADAAA made a number of significant changes to the meaning and interpretation of the ADA definition of disability to ensure that the term would be broadly construed and applied without extensive analysis so that all individuals with disabilities could receive the law’s protections.
Although the ADAAA is already in effect and applies to entities covered under Title II and III of the ADA, the department’s changes to its Title II and III regulations will help clarify the interpretation and application of the ADAAA. These changes also satisfy the Attorney General’s responsibility to publish regulations that are consistent with any congressional changes to the ADA.
“This final rule clarifies Congress’s original mandate that eliminating discrimination against people with disabilities requires an expansive definition of what disability means and who the law covers,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Justice Department’s regulation sets forth clear new rules, new examples and detailed guidance to ensure that courts, covered entities and people with disabilities better understand the ADAAA.”
The ADAAA’s provisions addressing the definition of disability also apply to Title I of the ADA, for which the Equal Employment Opportunity Commission issued regulations in 2011. The publication of the Title II and Title III rule tomorrow will ensure that the definition of disability is interpreted consistently for these three titles of the ADA.
For more information about the ADAAA, please visit the department’s ADA website or call the ADA Information Line (1-800-514-0301, 1-800-514-3083, TTY). A copy of the preview of the final rule posted by the Federal Register on its public inspection desk can be found today at: https://www.federalregister.gov/articles/2016/08/11/2016-17417/amendment-of-americans-with-disabilities-act-regulations-to-implement-the-americans-with. Once the final rule is published in the Federal Register tomorrow, a copy will be available on the department’s ADA website.
Justice Department Announces Findings of Investigation into Baltimore Police DepartmentRead the Press Release
Justice Department Finds a Pattern of Civil Rights Violations by the Baltimore Police Department
The Justice Department announced today that it found reasonable cause to believe that the Baltimore City Police Department (BPD) engages in a pattern or practice of conduct that violates the First and Fourth Amendments of the Constitution as well as federal anti-discrimination laws. BPD makes stops, searches and arrests without the required justification; uses enforcement strategies that unlawfully subject African Americans to disproportionate rates of stops, searches and arrests; uses excessive force; and retaliates against individuals for their constitutionally-protected expression. The pattern or practice results from systemic deficiencies that have persisted within BPD for many years and has exacerbated community distrust of the police, particularly in the African-American community. The city and the department have also entered into an agreement in principle to work together, with community input, to create a federal court-enforceable consent decree addressing the deficiencies found during the investigation.
“Public trust is critical to effective policing and public safety,” said Attorney General Loretta E. Lynch. “Our investigation found that Baltimore is a city where the bonds of trust have been broken, and that the Baltimore Police Department engaged in a pattern or practice of unlawful and unconstitutional conduct, ranging from the use of excessive force to unjustified stops, seizures and arrests. The results of our investigation raise serious concerns, and in the days ahead, the Department of Justice will continue working tirelessly to ensure that all Baltimoreans enjoy the safety, security and dignity they expect and deserve. I am grateful to all of the community members, local officials, faith leaders and current and former police officers who spoke with us during the course of our inquiry, and whose input will remain critical to our efforts as we move forward. Additionally, I commend the city and BPD for its proactive and collaborative approach to our inquiry and for demonstrating a strong commitment to restoring public confidence by already taking steps to make needed changes. I look forward to continuing our work together to implement urgent and necessary reforms.”
“We found that BPD has engaged in a pattern or practice of serious violations of the U.S. Constitution and federal law that has disproportionately harmed Baltimore’s African-American community and eroded the public’s trust in the police,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Civil Rights Division. “The agency also fails to provide officers with the guidance, oversight and resources they need to police safely, constitutionally and effectively. In communities across America, even in communities where trust has been broken, we’ve seen transformative reform rebuild relationships and advance public safety. In the weeks ahead, as we negotiate our consent decree with the city, we will seek input from law enforcement and community members. With the city and commissioner’s commitment to reform, I am optimistic that we will work to drive that same progress in Baltimore.”
In May 2015, Attorney General Lynch announced the comprehensive investigation into the BPD after considering requests from city officials and hearing directly from community members about a potential pattern or practice of constitutional violations. The investigation focused on BPD’s use of force, including deadly force; stops, searches and arrests; and discriminatory policing.
In the course of its pattern or practice investigation, the department interviewed and met with city leaders and police officials, including BPD Commissioner Kevin Davis, former commissioners and numerous officers throughout all ranks of the police department; accompanied line officers on dozens of ride-alongs in every police district; conducted hundreds of interviews and participated in meetings with community members, activists, and other stakeholders; reviewed hundreds of thousands of pages of police documents, including all relevant policies and training materials; and analyzed BPD’s data on internal affairs, use of force, sexual assault cases and pedestrian stops, searches and arrests.
During the course of its investigation, the department found that the legacy of “zero tolerance” street enforcement, along with deficient policies, training and accountability systems, resulted in conduct that routinely violates the Constitution and federal anti-discrimination law. Throughout the investigation, the department heard consistently from both the community and law enforcement that BPD requires significant reforms to address problems that undermine its efforts to police constitutionally and effectively.
The department found reasonable cause to believe that BPD engages in a pattern or practice of:
- Conducting stops, searches and arrests without meeting the requirements of the Fourth Amendment;
- Focusing enforcement strategies on African Americans, leading to severe and unjustified racial disparities in violation of Title VI of the Civil Rights Act and the Safe Streets Act;
- Using unreasonable force in violation of the Fourth Amendment;
- Interacting with individuals with mental health disabilities in a manner that violates the Americans with Disabilities Act; and
- Interfering with the right to free expression in violation of the First Amendment.
The department also identified serious concerns about other BPD practices, including an inadequate response to reports of sexual assault, which may result, at least in part, from underlying gender bias. Another significant concern identified by the department was transport practices that place detainees at significant risk of harm.
In the agreement in principle, both parties agreed that compliance with the consent decree will be reviewed by an independent monitor. The agreement in principle highlights specific areas of reform to be included in the consent decree, including:
- Policies, training, data collection and analysis to allow for the assessment of officer activity and to ensure that officers’ actions conform to legal and constitutional requirements;
- Technology and infrastructure to ensure capability to effectively monitor officer activity;
- Officer support to ensure that officers are equipped to perform their jobs effectively and constitutionally; and
- Community policing strategies to guide all aspects of BPD’s operations and help rebuild the relationship between BPD and the various communities it serves.
The agreement in principle provides a framework for change, but the department will be doing community outreach to solicit input in developing comprehensive reforms. Comments may be provided by email at [email protected].
Throughout the department’s investigation, BPD leadership remained receptive to preliminary feedback and technical assistance, and started the process of implementing reforms. BPD leadership has proactively taken steps to address some of the findings, including updating its policies, instituting new trainings and responding to other issues identified by the department. While these measures are an important start to cooperative reform, a comprehensive agreement is still needed to remedy all of the department’s findings.
In October 2014, city and BPD leadership requested to enter a collaborative reform process with the Justice Department’s Office of Community Oriented Policing Services (COPS office). While the Civil Rights Division opened the pattern or practice investigation in May 2015, the COPS office, the Justice Department’s Office of Justice Programs and others have maintained their ongoing efforts to offer federal resources, such as technical assistance, to the BPD, city officials and community leaders.
This investigation was conducted by the Civil Rights Division’s Special Litigation Section with the assistance of law enforcement professionals pursuant to the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994. Over the last seven years, the Special Litigation Section has opened 23 investigations into law enforcement agencies. The section is enforcing 17 agreements with law enforcement agencies, including 14 consent decrees and one post-judgment order. For more information on the Civil Rights Division and the Special Litigation Section, please visit www.justice.gov/crt.
BPD Findings Report
BPD Agreement in Principle
BPD Executive Summary
SPL Police Accomplishments 8.10.16
Former Federal Law Enforcement Agent Agrees to Pay $40,000 to Resolve False Claims Act AllegationsRead the Press Release
Douglas daCosta of Livermore, California, has agreed to pay $40,000 to resolve allegations that he submitted false claims to the government for paid sick leave when he worked as a federal law enforcement agent for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Department of Justice announced today.
“When a law enforcement officer misuses taxpayer funds, he does a disservice to his colleagues who serve with professionalism and distinction,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “This settlement shows that we will not hesitate to hold individuals accountable if they misuse taxpayer funds.”
“Federal agents must be held to answer when they breach the public’s trust,” said Special Agent in Charge Elise Chawaga of the Department of Justice Office of Inspector General’s Fraud Detection Office. “The Office of the Inspector General remains vigilant in its effort to uncover government waste, fraud and abuse and to recover all ill-gotten gains.”
The United States alleged that daCosta submitted the false requests while working as a criminal investigator for the ATF’s San Francisco field division in 2009. From January 2009 until his retirement in June 2009, daCosta claimed more than 80 days of paid sick leave for which he was not eligible, according to the government’s allegations. Specifically, the United States alleged that daCosta falsely represented to his supervisors that he was undergoing extensive treatment for cancer, going so far as to provide a forged letter from a physician to support his claims. The government contends, however, that daCosta did not have cancer and was not undergoing any such treatments. Additionally, at the same time that daCosta was feigning illness to receive paid sick leave from the government, he was working in the private sector, according to the government’s allegations.
This matter was handled by the Civil Division’s Commercial Litigation Branch in conjunction with the Department of Justice’s Office of the Inspector General.
The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Caledonia Investments to Pay $480,000 Civil Penalty for Violating Antitrust Premerger Notification RequirementsRead the Press Release
The Justice Department’s Antitrust Division, at the request of the Federal Trade Commission, filed a civil antitrust lawsuit today in U.S. District Court in Washington, D.C. against Caledonia Investments plc for violating the premerger notification and waiting period requirements of the Hart-Scott-Rodino (HSR) Act of 1976 when it acquired voting securities of Bristow Group Inc. in February 2014. At the same time, the department filed a proposed settlement, subject to approval by the court, under which Caledonia Investments has agreed to pay a $480,000 civil penalty to resolve the lawsuit.
The HSR Act imposes notification and waiting period requirements for transactions meeting certain size thresholds so that they can undergo premerger antitrust review. Federal courts can assess civil penalties for premerger notification violations under the HSR Act in lawsuits brought by the department. The maximum civil penalty for an HSR violation increased from $16,000 per day to $40,000 per day effective Aug. 1.
Further details about this matter are described in the FTC’s press release issued today, and in the attached complaint and competitive impact statement.
Consistent with the requirements of the Tunney Act, the proposed settlement, along with the competitive impact statement, will be published in the Federal Register. Any person may submit written comments concerning the proposed settlement during a 60-day comment period to Daniel P. Ducore, Assistant Director for Compliance, Bureau of Competition, c/o Federal Trade Commission, 600 Pennsylvania Avenue, NW, CC-8416, Washington, D.C. 20580. E-mailed comments should be sent to: [email protected]. At the conclusion of the 60-day comment period, the U.S. District Court for the District of Columbia may approve the proposed settlement upon finding that it is in the public interest.
Caledonia CIS
Caledonia Complaint
Caledonia Explanation
Caledonia PFJ
Caledonia Stipulation
Southern California Man Pleads Guilty to Owning Fake Law Firms That Promised to Help Struggling HomeownersRead the Press Release
More Than 1,500 Victims Defrauded Out of $9 Million
The Department of Justice announced that an Orange County, California, man pleaded guilty in U.S. District Court in Santa Ana, California, for his role as the owner and operator of a multi-million dollar fraudulent mortgage modification scheme that posed as a successful law firm to defraud struggling homeowners.
Bryan D’Antonio, 50, of Brea, California, pleaded guilty before U.S. District Court Judge David O. Carter for the Central District of California to one count of conspiracy to commit mail and wire fraud for his role as owner and operator of Rodis Law Group (RLG) and America’s Law Group (ALG). His sentencing is on Jan. 30, 2017.
“At the height of the mortgage crisis, this defendant, a convicted felon who was prohibited from any business engaged in telemarketing, created two fake law firms that promised struggling homeowners assistance saving their homes and modifying their mortgages,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “Despite the many promises, these were telemarketing sales operations that took homeowners’ money and provided no meaningful assistance.”
“D’Antonio preyed on vulnerable victims – struggling homeowners,” said U.S. Attorney Eileen M. Decker of the Central District of California. “Pretending to offer legal assistance to their victims, D’Antonio and his cohorts actually offered nothing but false hopes and empty promises. Now, he will be held accountable in federal court for the damage he has caused so many victims.”
D’Antonio was previously convicted of mail and wire fraud and sentenced to four years in federal prison for his participation in a medical billing scheme. He was also subject to a permanent injunction prohibiting him from having any involvement with any business that engaged in telemarketing or misrepresented the services it would provide. As part of his plea hearing today, D’Antonio admitted that he started RLG while he was still on supervised release from his prior conviction. In violation of D’Antonio’s permanent injunction, RLG and ALG sold their services through an extensive telemarketing operation and employees routinely misrepresented the services RLG and ALG would provide.
D’Antonio admitted that, between October 2008 and June 2009, he participated in a scheme with Ronald Rodis, Charles Wayne Farris and others to induce homeowners to pay between $3,500 and $5,500 for the services of RLG and its successor entity, ALG. RLG and ALG advertised on radio stations nationwide, urging struggling homeowners to call a toll-free number and stated that the companies consisted of “a team of experienced attorneys” who were “highly skilled in negotiating lower interest rates and even lowering your principal balance.” In fact, RLG and ALG were telemarketing operations that never had teams of experienced attorneys. During much of the scheme, Ronald Rodis was the only attorney at RLG.
RLG and ALG telemarketers working for D’Antonio made numerous misrepresentations regarding the companies’ ability to negotiate loan modifications from the homeowners’ mortgage lenders. For example, the telemarketers stated that RLG and ALG had been in business for 11 years when in fact the company had only opened in October 2008. They falsely stated that RLG and ALG routinely obtained positive results for homeowners, including lower monthly payments, reductions in principal balance and lower interest rates. In fact, positive results were rarely achieved for any RLG or ALG clients. Telemarketers also falsely reiterated that homeowners would have a team of attorneys and real estate professionals assigned to their case. The telemarketers did not disclose to homeowners that RLG and ALG were owned and operated by Bryan D’Antonio, a convicted felon who was prohibited from engaging in telemarketing
In a plea agreement filed in federal court, D’Antonio admitted that the RLG and ALG schemes fraudulently obtained approximately $9 million from more than 1,500 victims.
D’Antonio’s co-defendants, Charles Wayne Farris and Ronald Rodis, both previously pleaded guilty to one count of conspiracy to commit mail and wire fraud.
This case was investigated by the FBI and is being prosecuted by Trial Attorney John W. Burke of the Civil Division’s Consumer Protection Branch and Assistant U.S. Attorney Joseph T. McNally of the Central District of California.
For more information about the Consumer Protection Branch, visit its website at http://www.justice.gov/civil/consumer-protection-branch. For more information about the U.S. Attorney’s Office for the Central District of California, visit its website at https://www.justice.gov/usao-cdca.
Priest Pleads Guilty to Tax EvasionRead the Press Release
Stole Money from Parishioners and Lied to Return Preparer
A priest for the Roman Catholic Diocese of San Jose pleaded guilty today to four counts of tax evasion, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division, U.S. Attorney Brian J. Stretch for the Northern District of California and Special Agent in Charge Michael T. Batdorf for the Internal Revenue Service’s Criminal Investigation (IRS-CI).
Father Hien Minh Nguyen, 56, admitted that over a period of four years, he stole money his parishioners donated to the Diocese and willfully evaded paying income taxes on the money he misappropriated each year from 2008 through 2011. He admitted that he deposited this money into his personal bank account, did not disclose this income to his return preparer, did not keep records of the donations he stole, and filed false income tax returns which did not report this money.
Father Nguyen also pleaded not guilty to bank fraud charges. Those charges are still pending.
“Father Nguyen stole money from his parishioners and filed false returns with the IRS to evade his income tax obligations,” said Principal Deputy Assistant Attorney General Ciraolo. “The department remains committed to holding all criminal tax offenders accountable for their illegal conduct, regardless of their profession. No one is above the law.”
Sentencing on the tax evasion convictions has not been scheduled. Father Nguyen faces a statutory maximum sentence of five years in prison and monetary penalties for each tax evasion conviction. Father Nguyen’s next scheduled appearance is a status conference on the bank fraud charges currently scheduled for Aug. 23. An indictment is merely an allegation and a defendant is presumed innocent until and unless proven guilty in court. Father Nguyen pleaded guilty to the tax evasion charges. He has not pleaded guilty to bank fraud charges and remains presumed innocent of those charges.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Brian J. Stretch commended special agents of the IRS-CI, who investigated the case and Trial Attorney Gregory Bernstein of the Tax Division and Assistant U.S. Attorney Thomas Moore of the Northern District of California, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Justice Department, EPA and the State of New Mexico Announce Settlement for $143 Million Cleanup at the Chevron Questa MineRead the Press Release
The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of New Mexico today announced a settlement with Chevron Mining Inc. (CMI) requiring $143 million in cleanup work at the Chevron Questa Mine Superfund site near Questa, New Mexico. As part of the settlement, the company will perform a pilot project to cover about 275 acres of the tailing facility where mine waste or “tailings” are stored, operate a water treatment plant and install groundwater extraction systems. CMI will also pay over $5.2 million to reimburse EPA’s past costs for overseeing cleanup work at the site.
“This settlement will advance substantial cleanup work at the Questa site, and require actions to prevent future contamination of the Red River,” said Assistant Attorney General John C. Cruden for the Department of Justice’s Environment and Natural Resources Division. “This settlement is the product of excellent cooperation between the state and federal governments and CMI to continue the vital cleanup work at the Chevron Questa Mine Site.”
“This settlement builds on the consent decree entered into in September of last year and represents another affirmative step towards remedying the serious environmental damages suffered by this beautiful area of New Mexico as a result of decades of extensive mining activities,” said U.S. Attorney Damon P. Martinez of the District of New Mexico. “In addition to requiring crucial cleanup work, the settlement includes important measures to prevent further contamination of the environment and provides for extensive monitoring to ensure compliance.”
“Protecting precious water resources is essential to the health of New Mexico’s communities and the state’s economy,” said EPA Regional Administrator Ron Curry. “While mining pollution is a complex issue, EPA and our partners are pleased to see the next phase of the cleanup at the Questa site take shape.”
“This $143 million cleanup is a powerful example of regulatory protections that work,” said Acting Secretary Butch Tongate for the New Mexico Environment Department. “In addition to the $112 million already collected for environmental work during this administration, the State of New Mexico is pleased with the enforcement of regulations that hold Chevron Mining accountable for the environmental impacts caused by the now-closed Questa Mine which will foster a renewed Questa/Red River destination area.”
The proposed partial consent decree, if approved by the court, will provide for the next phase of the cleanup at the former mine site. It is the largest settlement of its kind for cleanup work in EPA Region 6. CMI has already completed a number of response projects at the site under previous agreements with EPA, including the cleanup of Eagle Rock Lake and the removal of numerous tailing spills. The new work will improve efforts to permanently prevent contamination from the site from affecting the Red River and other water resources and further reduce risks for nearby communities and the surrounding environment. This includes covering and revegetating about 275 acres of the tailings facility, improving and installing new systems that prevent contaminated water from reaching the Red River and operating and maintaining a water treatment plant. The settling parties will also monitor the remedy’s long-term effectiveness at reducing risks to human health and the environment.
The proposed settlement announced today follows on a September 2015 consent decree entered into by the United States, on behalf of the U.S. Fish and Wildlife Service of the Department of the Interior and the Forest Service of the Department of Agriculture, and the State, on behalf of the New Mexico State Office of Natural Resource Trustee, resolving claims for natural resource damages at the Site. Under that consent decree, CMI paid more than $4.2 million for restoring, replacing or acquiring natural resources damaged by mine activities. The current consent decree addresses separate claims from the natural resource damages consent decree.
The Chevron Questa Mine, previously known as the Molycorp Mine, operated intermittently from 1919 until 2014, when CMI permanently closed the mine. Mining operations and waste disposal contaminated soil, sediment, surface water and groundwater. While the mine was operating, approximately 328 million tons of acid-generating waste rock were excavated and deposited in nine large waste rock piles. After molybdenum was extracted from ore, the tailing was transported by pipeline to a tailing facility where it was deposited in tailing impoundments.
The cleanup is being accomplished under the federal Comprehensive Environmental Response, Compensation and Liability Act, commonly known as Superfund. The Superfund law protects human health and the environment while safeguarding taxpayer dollars by holding parties that contributed to contamination responsible for cleaning it up. Since 1980, EPA’s Superfund program has managed the cleanup of the nation’s most hazardous waste sites and has responded to environmental emergencies, oil spills and natural disasters.
The public has the opportunity to submit written comments on the consent decree, which is subject to the 30-day comment period and final approval by the court. A copy of the consent decree is available at www.justice.gov/enrd/consent-decrees.
Justice Department Settles Immigration-Related Discrimination Claim Against Hartz Mountain Industries Inc.Read the Press Release
The Justice Department reached an agreement today with Hartz Mountain Industries Inc. (Hartz) to resolve the department’s investigation into whether the company discriminated against work-authorized non-U.S. citizen job seekers, in violation of the Immigration and Nationality Act (INA). Hartz is a real estate development and management company based in Secaucus, New Jersey.
The department’s investigation found that Hartz discriminated based on citizenship status by publishing a job posting that required applicants for a particular job opening to be U.S. citizens, in violation of the INA. Job postings with citizenship preferences or requirements violate the INA by restricting employment opportunities available to work-authorized non-citizens. While there are exceptions in the INA that allow for specific positions to be subject to citizenship requirements, the position available at Hartz did not meet the criteria.
Under the settlement agreement, Hartz will pay $1,400 in civil penalties to the United States, train its human resources staff on the anti-discrimination provision of the INA, review its policies and be subject to monitoring by the department for a three-year period.
“The Civil Rights Division is committed to identifying and tearing down discriminatory barriers that prevent work-authorized individuals from taking advantage of employment opportunities,” said Principal Deputy Assistant Attorney General Vanity Gupta, head of the Civil Rights Division. “I commend Hartz for its cooperation during the investigation and for working to resolve this matter expeditiously.”
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits, among other things, citizenship, immigration status and national origin discrimination in hiring, firing or recruitment or referral for a fee; unfair documentary practices in employment eligibility verification; retaliation; and intimidation.
For more information about protections against employment discrimination under immigration laws, call OSC’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call OSC’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a free webinar at www.justice.gov/crt/about/osc/webinars.php; email [email protected] or visit OSC’s website at www.justice.gov/crt/about/osc.
Applicants or employees who believe they were subjected to: different documentary requirements based on their citizenship status, immigration status or national origin; or discrimination based on their citizenship status, immigration status or national origin in hiring, firing or recruitment or referral, should contact the worker hotline above for assistance.
Hartz Mountain Industries Settlement Agreement
Hitachi Automotive Systems Agrees to Plead Guilty to Involvement in Anti-Competitive Auto Parts ConspiracyRead the Press Release
Company Pleads Guilty to Fixing Price of Auto Parts for Second Time
Hitachi Automotive Systems Ltd. has agreed to plead guilty and to pay a criminal fine of at least $55.48 million for its role in a conspiracy to allocate markets, fix prices and rig bids for shock absorbers installed in automobiles sold to U.S. consumers, the Justice Department announced today.
According to charges filed in the U.S. District Court of the Southern District of Ohio today, from the mid-1990s until summer 2011 Tokyo-based Hitachi Automotive Systems agreed to allocate the supply of shock absorbers sold to targeted vehicle manufacturers. To keep prices up, Hitachi Automotive Systems and its co-conspirators also agreed to coordinate on price adjustments requested by the vehicle manufacturers and strived to keep their conduct secret by using code names and meeting in remote locations.
In 2013, Hitachi pleaded guilty and paid a $195 million fine for fixing the price of starters, alternators and other electrical automotive components. At that time, Hitachi received credit for substantially assisting the division’s investigation. But in the course of providing that assistance Hitachi failed to uncover that it had also conspired to fix the price of shock absorbers. As a result, the division will recommend a substantial increase in Hitachi’s criminal fine from the bottom of the Guidelines fine range and also recommend that the court place Hitachi on probation for three years. These recommendations are consistent with the division’s approach in cases where a company fails to uncover the entire scope of its illegal conduct at the time it enters into a plea agreement.
“Hitachi Automotive Systems thwarted the competitive process when it fixed the price of shock absorbers,” said Acting Assistant Attorney General Renata Hesse of the Justice Department’s Antitrust Division. “Compounding its error, when it pled guilty in 2013 Hitachi failed to clean house and uncover its participation in the shock absorbers conspiracy. The division will continue to take a hard line when companies fail to uncover additional anticompetitive behavior.”
“When companies conspire to fix prices, consumers are the victims,” said Special Agent in Charge Angela L. Byers of the FBI’s Cincinnati Division. “Working with the Department of Justice and our other partners, the FBI will continue to pursue those that illegally scheme to suppress and eliminate competition.”
Hitachi Automotive Systems has agreed to cooperate with the division’s ongoing investigation. The plea agreement is subject to court approval.
Today’s charge is the result of an ongoing federal antitrust investigation into price fixing, bid rigging and other anticompetitive conduct in the automotive parts industry, which is being conducted by the Antitrust Division’s criminal enforcement sections and the FBI. Including Hitachi Automotive Systems, 45 companies and 64 executives have been charged in the division’s ongoing investigation and have agreed to pay a total of more than $2.8 billion in criminal fines.
Hitachi Automotive Systems is being prosecuted by the Antitrust Division’s Chicago Office and the FBI’s Cincinnati Field Office, with assistance from the U.S. Attorney’s Office of the Southern District of Ohio. Anyone with information on market allocation, price fixing, bid rigging and other anticompetitive conduct related to other products in the automotive parts industry should contact the Antitrust Division’s Citizen Complaint Center at 1-888-647-3258, visit www.justice.gov/atr/contact/newcase.html, or call the FBI’s Cincinnati Field Office at 513-421-4310.
Hitachi Information
Former Guam Customs Officer Defendant Jayvin Wyll Ueda Remoket Sentenced to 14 Years Incarceration Concurrent to Five Years IncarcerationRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI),announced that on August 8, 2016, Defendant JAYVIN WYLL UEDA REMOKET was sentenced by the Honorable Frances Tydingco-Gatewood, Chief Judge, District Court of Guam. Defendant was sentenced to serve 14 years incarceration, to run concurrent to five years incarceration, followed by three years of supervised release.
Defendant REMOKET pled guilty on May 15, 2014 to Conspiracy to Distribute Methamphetamine, in violation of Title 21 U.S.C. Sections 846(a)(1) and (b)(1)(C) and to Giving Notice of a Search Warrant, in violation of 18 U.S.C. Section 2232(c). Defendant REMOKET was a Guam Customs and Quarantine Officer assigned to the Contraband Enforcement Team at the time of the offenses. He conspired with co-defendants Amos Ueda and Frederick Obak to receive and distribute a package containing 984.3 grams of methamphetamine hydrochloride at a business establishment in Guam, namely Staywell Insurance in Hagatna, Guam. The contents of the package were to be broken down for later distribution on Guam. The methamphetamine hydrochloride was concealed within a U.S. Priority Mail package and sent from Washington State to Guam where it was intercepted by the U.S. Postal Inspector. The Drug Enforcement Administration Forensic Laboratory determined that the methamphetamine had a high purity level of 82.2%. The street value of 984.3 grams of methamphetamine hydrochloride exceeds $492,150.00.
The investigation was conducted by the Guam U.S. Postal Inspector and Drug Enforcement Administration Special Agents as well as Task Force Officers who determined that REMOKET, using his position of authority, attempted to protect the conspiracy by giving notice to his co-defendants of the interception of the package.
U.S. Attorney Limtiaco stated, "The defendant, at the time of the crimes, was a Guam Customs and Quarantine Officer assigned to the Contraband Enforcement Team. He abused and violated the public's trust by using and exploiting his official position to commit the crimes and gain information to impede the investigation in this case. It is not uncommon for methamphetamine hydrochloride possession and distribution to be associated with violent and other criminal activity. The drug has destructive and devastating effects on individuals, families and our community. The U.S. Attorney’s Office is committed to the aggressive prosecution of those offenders who traffic drugs and abuse their positions of authority to commit criminal activity."
This conviction resulted from the concerted efforts of law enforcement partners in an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF is a focused multi-agency, multi-jurisdictional task force investigating and prosecuting the most significant drug trafficking organizations throughout the United States by leveraging the combined expertise of federal, state and local law enforcement agencies.
The investigating agencies include the Drug Enforcement Administration (DEA), U.S. Department of Homeland Security/U.S. Immigration and Customs Enforcement (ICE) - Homeland Security Investigations (HSI), U.S. Postal Inspection Service (USPIS), and the Guam Police Department (GPD). The case was prosecuted by Assistant U.S. Attorney Rosetta San Nicolas.
Former CEO of Canadian Hazardous Waste Treatment Company Sentenced to Serve 63 Months in Prison for Role in Kickback and Fraud Schemes Against the United StatesRead the Press Release
The former chief executive at Bennett Environmental Inc., a Canada-based company that treats and disposes of contaminated soil, was sentenced today to serve 63 months in prison in connection with the payment of kickbacks to obtain subcontracts at a New Jersey Superfund site overseen by the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, the Department of Justice announced today.
John Bennett, of Vancouver, British Columbia, was also sentenced to pay a $12,500 criminal fine and $3,808,065 in restitution in U.S. District Court for the District of New Jersey in Newark by Judge Susan D. Wigenton. Bennett was charged with these crimes in August 2009 and was extradited from Canada to the United States in November 2014 to face trial. After a three-week jury trial that ended on March 16, 2016, Bennett was convicted of committing major fraud against the United States and conspiring to pay more than $1.3 million in kickbacks and to defraud the United States at the Federal Creosote Superfund site in Manville, New Jersey.
“Contractors cannot make payoffs to obtain government contracts,” said Acting Assistant Attorney General Renata Hesse for the Justice Department’s Antitrust Division. “Today’s sentencing reaffirms the division’s dedication to prosecuting executives whose greed and illegal ploys undercut competition and defraud the United States.”
According to court documents, between 2001 and 2004 Bennett conspired with others at Bennett Environmental to pay kickbacks, that included money wired to a co-conspirator’s shell company, lavish trips and entertainment expenses and personal gifts, to the project manager at Federal Creosote in an effort to guarantee the award of soil treatment contracts to his company. As a result of the payment of these kickbacks, Bennett Environmental was fraudulently awarded tens of millions of dollars in soil treatment and disposal contracts at Federal Creosote, and the company won contracts at higher prices than it otherwise would have bid, causing harm to the EPA.
The investigation at Federal Creosote has resulted in the conviction of ten individuals and three companies of charges including major fraud against the United States, tax fraud, money laundering and obstruction of justice. Criminal fines and restitution of more than $6 million also have been imposed and seven of the individuals have been sentenced to serve prison sentences ranging from 5 months to 14 years.
Anyone with information concerning bid rigging, kickbacks, tax offenses or fraud relating to subcontracts awarded at Federal Creosote or Diamond Alkali Superfund sites should contact the Antitrust Division’s New York Office at 212-335-8000 or visit https://www.justice.gov/atr/contact/newcase.htm.
Defendants Eric Tedtaotao and Macrina Tedtaotao Sentenced in U.S. District CourtRead the Press Release
ALICIA A.G. LIMTIACO, United States Attorney for the Districts of Guam and the Northern Mariana Islands (NMI), announced that on August 8, 2016, Defendants ERIC TEDTAOTAO AND MACRINA TEDTAOTAO, husband and wife, were sentenced by the Honorable Ramona Manglona, Chief Judge, in the District Court of Guam.
Both TEDTAOTAOS pled guilty to Conspiracy to Unlawfully Import Methamphetamine, in violation of Title 21, United States Code, Section 846, 952(a) and 960(b)(3). ERIC TEDTAOTAO was a Department of Corrections (DOC) officer during the conspiracy. He was sentenced to serve 71 months incarceration followed by three years of supervised release, and 100 hours of community service. Defendant MACRINA TEDTAOTAO was sentenced to serve 97 months in prison followed by three years of supervised release, and 100 hours of community service.
On August 4, 2012, Bertha Moore (MACRINA’s aunt) arrived in Guam from the Philippines. She was detained by Guam Customs and Quarantine who recovered three condoms containing methamphetamine from her rectum. Moore was transporting the methamphetamine into Guam for ERIC and MACRINA TEDTAOTAO. Moore was sentenced last year to 87 months in prison.
U.S. Attorney Limtiaco stated, "Defendant ERIC TEDTAOTAO, at the time of the criminal activity, was a DOC officer and as law enforcement, violated the public's trust. It is not uncommon for methamphetamine hydrochloride possession and distribution to be associated with violent and other criminal activity. The drug has destructive and devastating effects on individuals, families and our community. The U.S. Attorney’s Office is committed to the aggressive prosecution of drug traffickers."
The investigation was conducted by Special Agents and Task Force Officers of the Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Guam Police Department, Superior Court of Guam Probation Office, Guam Customs and Quarantine, U.S. Marshals Service, the Filipino National Police and the U.S. State Department. The case was handled by Assistant U.S. Attorney Clyde Lemons, Jr.
Texas Man Sentenced to Prison for Role in Stolen Identity Refund Fraud Scheme Involving IRS “Get Transcript” DatabaseRead the Press Release
A Houston, Texas, man was sentenced to more than two years in prison today for his role in a stolen identity refund fraud (SIRF) scheme, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Department of Justice’s Tax Division and U.S. Attorney Kenneth Magidson of the Southern District of Texas.
Denzel Roberts, 24, was sentenced by U.S. District Judge Lynn N. Hughes of the Southern District of Texas to serve 24 months in prison followed by a two year term of supervised release. Judge Hughes ordered Roberts to pay $74,341 in restitution to the Internal Revenue Service (IRS). In May, Roberts pleaded guilty to one count of theft of public money.
“The Justice Department is committed to aggressively prosecuting those who participate in schemes to steal personal information, infiltrate databases and assume identities in an effort to prepare and file fictitious tax returns seeking to line their pockets with fraudulently obtained refunds,” said Principal Deputy Assistant Attorney General Ciraolo. “Individuals like Mr. Roberts, who receive the fraudulent refunds, especially through opening bank accounts in fictitious names, play key roles in these illegal schemes and substantially contribute to the loss to the U.S. Treasury and the damage inflicted on identity theft victims. Working with our law enforcement partners, we will continue to seek lengthy prison terms and substantial monetary penalties for those who engage in this criminal conduct.”
“Today’s sentencing of Denzel Roberts for his role in a stolen identity refund fraud ring emphasizes how seriously IRS-Criminal Investigation (IRS-CI) and our law enforcement partners take the issue of identity theft,” said Chief Richard Weber for IRS-CI. “Mr. Roberts may have thought that he would not get caught while acting as a conduit for ill-gotten gains, but he will now pay the price for stealing funds from the American tax system and honest citizens.”
According to court documents, Roberts participated in a scheme that used stolen personal identification information to file false federal income tax returns for tax year 2014. Participants in the scheme obtained means of identification of actual individuals, including their names and social security numbers, and used this information to access the IRS’s “Get Transcript” database. Using the stolen identities and information obtained from the Get Transcript database, other members of the scheme prepared and filed false tax returns fraudulently requesting refunds. Roberts admitted using a fraudulent passport to open several bank accounts into which the refunds were deposited. Roberts then withdrew the illicit proceeds, retaining a portion of the money as a fee and providing the remainder of the funds to others.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Magidson thanked special agents of IRS-Criminal Investigation and the FBI Houston Area Cyber Crime Task Force, who investigated the case and Trial Attorneys Michael Boteler and Grace Albinson of the Tax Division, who are prosecuting this case with assistance from Assistant U.S. Attorney Jimmy Sledge of the Southern District of Texas.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
South Texas Couple Pleads Guilty to Tax ChargesRead the Press Release
Chiropractor Interfered with IRS Collection Efforts and Retired Firefighter Willfully Failed to File Return
Anna Allen and Martin Armendariz of El Paso, Texas, pleaded guilty today in the U.S. District Court for the Western District of Texas to tax crimes, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Richard L. Durbin Jr., of the Western District of Texas.
Allen, a practicing chiropractor, and her husband, Armendariz, a retired El Paso firefighter, have not filed federal income tax returns since 2004. Allen pleaded guilty to evading her 2009 individual income taxes. Armendariz pleaded guilty to willfully failing to file a 2009 tax return.
According to the statement of facts accompanying the plea agreements, after the Internal Revenue Service (IRS) levied upon Allen’s bank accounts and accounts payable in order to collect back taxes, Allen sent threatening correspondence to her bank regarding the bank’s responses to the IRS’s levy requests and altered her banking habits to prevent any seizures. Allen also instructed a third party to submit insurance billings on behalf of Allen’s chiropractic business using an Employment Identification Number assigned to another business in order to thwart the IRS’s collection efforts. Armendariz failed to file a tax return for tax year 2009 for himself and his wife, thereby failing to report more than $211,000 in gross income.
U.S. District Judge Kathleen Cardone of the Western District of Texas set sentencing for both defendants on Oct. 13. Allen faces a statutory maximum sentence of five years in prison and a maximum fine of $250,000. Armendariz faces a statutory maximum sentence of one year in prison and a maximum fine of $100,000.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Durbin commended special agents of IRS-Criminal Investigation, who investigated the case and Trial Attorney Sean Beaty of the Tax Division and Assistant U.S. Attorney Donna Miller of the Western District of Texas, who prosecuted the case.
Additional information about the Tax Division and its enforcement efforts may be found on the Tax division’s website.
Illinois Woman Pleads Guilty to Stealing Government FundsRead the Press Release
Stolen Federal Tax Refunds Obtained from Fraudulent Income Tax Returns
A River Grove, Illinois, woman pleaded guilty today to stealing more than $93,000 from the United States, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to the plea agreement, Rosa Alverio, 38, admitted that from March 2012 to December 2014, she participated in a scheme to steal money from the United States through the filing of false income tax returns. Alverio deposited into her bank account income tax refunds that she knew were the proceeds of fraudulent tax returns. According to the plea agreement, the fraudulent tax returns were filed in people’s names without their knowledge or consent. Alverio admitted that as part of the scheme she caused 32 fraudulent tax refunds to be deposited into an account that she controlled.
Alverio, along with three codefendants, were charged on June 23, in a 24-count indictment with conspiracy to defraud the Internal Revenue Service (IRS) and theft of public money. Sentencing is scheduled for Nov. 10. Alverio faces a statutory maximum sentence of 10 years in prison, along with a fine of up to $250,000, and three years of supervised release.
Principal Deputy Assistant Attorney General Ciraolo thanked agents of the IRS-Criminal Investigation, who investigated the case and Tax Division Trial Attorneys Ryan R. Raybould and Timothy M. Russo, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Northern District of Illinois for their substantial assistance in the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Department of Justice Expands Services for Crime VictimsRead the Press Release
New Federal Rule Helps States Plan for Historic Funding Increases
The Department of Justice today published a final rule expanding the ability of victim serving agencies and organizations across the nation to reach and serve more crime victims at a time of substantial increases in victim assistance funding. Victims of Crime Act (VOCA) funding directed to the states for victim assistance has more than quadrupled in the last two fiscal years.
“Supporting the victims of crime is as essential to the pursuit of justice as making arrests and prosecuting cases,” said Attorney General Loretta E. Lynch. “This new rule significantly expands state and local agencies’ ability to reach survivors of a wide range of crimes, to help them recover from their ordeals, and to empower them to secure a brighter future for themselves and their loved ones. I want to thank Congress for their outstanding commitment to the rights and well-being of victims, and I pledge that the Department of Justice will continue to do everything in our power to promote healing, restore lives, and secure meaningful justice for every American affected by crime.”
Federal funding for state victim assistance programs comes from the Crime Victims Fund, a repository of federal criminal fines, forfeitures and special assessments. This fund does not include tax dollars. The states, in turn, provide sub-grants to local public agencies and community service providers that help individuals, families and communities recover from both the initial trauma and the long-term effects of victimization.
Congress raised the appropriations level of the Crime Victims Fund from $745 million in fiscal year 2014 to more than $2.3 billion in fiscal year 2015, effectively quadrupling the amount available for crime victim assistance programs. Congress raised the cap again to more than $3 billion in fiscal year 2016.
The Victim of Crime Act (VOCA) Formula Victim Assistance Grant Program rule—clarifies and expands support for a continuum of services to crime victims, including:
- comprehensive legal assistance, including victims’ rights enforcement and civil legal assistance related to the victimization;
- transitional housing for victims of domestic violence, human trafficking and other crimes and expanded coverage of relocation expenses;
- forensic interviewing and some medical expenses;
- volunteer trainings, including support for Court Appointed Special Advocates; and
- victim-centered restorative justice.
The rule also emphasizes that programs that serve victims of elder abuse, human trafficking, financial fraud and other crimes are eligible for VOCA funding, and removes language that prevented VOCA funding from supporting services to victims in detention and correctional facilities. The rule defines the statutory term victim of child abuse, to make clear that the term covers a broad array of harm inflicted on children and includes children who witness violence or who are victims of pornography.
The rule, which replaces the VOCA Victim Assistance Final Program Guidelines, is effective today following a 30 day period for public notice and comment after publication in the Federal Register. Recipients of VOCA Assistance grant funds from the Office for Victims of Crime must comply with the rule after the effective date. For more information, click here.
Texas Man Convicted of Filing False Tax Returns and Corruptly Endeavoring to Impede the IRSRead the Press Release
Yesterday, a Austin, Texas, businessman was convicted by a federal jury on four counts of filing false tax returns and corruptly endeavoring to obstruct and impede the due administration of the internal revenue laws, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division.
According to the evidence presented at trial, Victor Antolik owned and operated a commercial janitorial business in Austin, San Antonio and Houston, Texas, for which he used a variety of business names, including Diversified Building Services Inc., DBS Services Inc., Partners in Cleaning, PIC Building Services and BSI Industries. Antolik also earned income as a real estate agent, real estate broker and property manager. Antolik earned a portion of his real estate income through his companies SGN Realty Inc. and Signature Realty Services. Antolik submitted to the Internal Revenue Service (IRS) four false individual income tax returns on which he underreported his income for tax years 2004, 2007 and 2008. In addition, between 1998 and 2014, Antolik attempted to obstruct the IRS by, among other things, attaching altered Forms W-2 and 1099 to his tax returns, providing false information to his accountants that were used to prepare both corporate and individual income tax returns on his behalf and using nominees to conceal income and assets.
“The jury’s verdict holds Mr. Antolik accountable for his decades-long effort to conceal income and obstruct the IRS,” said Principal Deputy Assistant Attorney General Ciraolo. “Individuals who file false tax returns and fail to pay their fair share threaten the integrity of our nation’s tax system. The department, working with its partners at the IRS, remains committed to prosecuting those individuals who act as though they are above the law.”
“Victor Antolik’s attempts to hide his income from the IRS finally caught up with him as a jury found him guilty of filing false returns and impeding the due administration of the IRS,” said Chief Richard Weber of the IRS-Criminal Investigation (IRS-CI). “Individuals who file false returns to avoid paying their fair share of taxes are simply stealing from honest American taxpayers. The IRS and Department of Justice remain determined and vigilant in ferreting out such schemes and bringing these criminals to justice.”
Antolik faces a statutory maximum sentence of three years in prison on each count, as well as a term of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo thanked agents of the IRS-CI, who investigated the case and Tax Division Trial Attorneys Robert A. Kemins and David Zisserson, who prosecuted the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office for the Western District of Texas for their substantial assistance.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Settlement with U.S. and Pennsylvania Requires Consol Energy to Implement Water Management Upgrades to Protect Ohio RiverRead the Press Release
The Department of Justice, the U.S. Environmental Protection Agency (EPA) and the state of Pennsylvania, announced today that Consol Energy Inc., CNX Coal Resources and Consol Pennsylvania Coal Co. LLC (Consol) have agreed to implement extensive water management and monitoring activities to prevent contaminated discharges of mining wastewater from the Bailey Mine Complex (Complex) in Greene and Washington Counties, Pennsylvania, to the Ohio River and its tributaries.
In a consent decree filed in federal court today in Pittsburgh, Pennsylvania, the company also agreed to continue to prevent certain discharges from the Complex, conduct regular long-term-monitoring to ensure sufficient storage capacity to prevent future discharges, develop contingency plans should future discharges become likely and implement an environmental management system to ensure compliance with the Clean Water Act and other applicable environmental laws. In addition Consol, the largest producer of coal from underground mines in the United States, will pay a $3 million civil penalty for Clean Water Act violations.
“We will continue to vigorously protect our District’s waterways and other vital natural resources,” said U.S. Attorney David J. Hickton for the Western District of Pennsylvania. “Today’s settlement ensures that our rivers remain safe for future generations to use and enjoy.”
“Mining operations that discharge to our rivers, lakes and streams have an obligation to comply with our nation’s laws that protect those water bodies, as well as public health,” said Regional Administrator Shawn M. Garvin for the EPA. “The actions required by today’s settlement represent a major step forward in protecting local waterways and the health of communities.”
The U.S. government’s complaint, filed concurrently with the settlement, alleges chronic exceedances of osmotic pressure (OP) and other limits in Consol’s Clean Water Act discharge permits. The discharges primarily enter into tributaries of the Ohio River. OP is the standard used in Pennsylvania to protect aquatic life from excess amounts of total dissolved solids (TDS). Too much TDS going into a water body can increase the salinity of the water and harm aquatic life and impact drinking water quality.
“Protecting Pennsylvania’s waterways is a top priority of DEP and we will not allow companies to pollute our rivers and streams,” said Acting DEP Secretary Patrick McDonnell. “CONSOL has agreed to improve their facilities to prevent future discharges, and the actions today will go a long way towards ensuring Pennsylvania’s waters are protected.”
Under the terms of the consent decree, Consol has agreed to:
- Complete and maintain certain water management measures to prevent discharges from certain outfalls at the Complex;
- Monitor and report quarterly and annually, to ensure adequate storage capacity to prevent future discharges;
- Submit and implement a plan for achieving long term compliance through advanced treatment in the event of projected exhaustion of storage capacity;
- Develop and implement an environmental management system to ensure environmental compliance throughout the Complex; and,
- Pay a $3 million civil penalty.
These measures will continue to reduce TDS in mining waters discharged to streams from the Complex. EPA estimates that implementation of the consent decree by Consol will eliminate more than 2.5 million pounds of pollutants in the form of TDS.
The consent decree, which is subject to a 30-day public comment period and final court approval, is available at: https://www.justice.gov/enrd/consent-decrees
Justice Department Completes Review of ASCAP and BMI Consent Decrees, Proposing No Modifications at This TimeRead the Press Release
ASCAP and BMI Licenses Must Continue to Allow Music Users to Publicly Perform All Works Held by Each Organization
The Department of Justice announced today the conclusion of its investigation into proposed modifications to antitrust consent decrees binding the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI), determining that no modifications are warranted at this time. The investigation by the department’s Antitrust Division also confirmed that the consent decrees require each organization to offer “full-work” licenses that convey to radio stations, television stations, bars, restaurants, digital music services, and other music users the right to publicly perform, without risk of copyright infringement, all works in ASCAP’s and BMI’s repertories. The Antitrust Division explained the bases for its conclusions in a detailed statement available at https://www.justice.gov/atr/antitrust-consent-decree-review-ascap-and-bmi-2015.
The Antitrust Division opened its investigation in 2014 following requests by ASCAP and BMI that the Antitrust Division join them in proposing modifications to the court-ordered consent decrees. The Antitrust Division met and spoke with dozens of industry stakeholders on numerous occasions during the course of its investigation, and obtained the input of industry participants and members of the public through public comment solicitations in June 2014 and September 2015. The Antitrust Division considered the views of all of these stakeholders before reaching its conclusions.
ASCAP and BMI are performing rights organizations that license public performance rights in compositions held by their hundreds of thousands of songwriter and publisher members. Since 1941, when the United States originally brought civil antitrust lawsuits against ASCAP and BMI, both organizations have been subject to consent decrees, which are designed to prevent anticompetitive effects arising from their collective licensing of music performance rights. Both consent decrees have been amended periodically since their entry. The ASCAP consent decree was last amended in 2001 and the BMI consent decree was last amended in 1994.
Closing Statement
Tennessee Tax Return Preparer Incarcerated After Being Held in Civil Contempt for Violating a Federal Court OrderRead the Press Release
Court Ordered Jailing of Return Preparer for Failure to Obey Court Orders
Today, Kevin Williams, a former tax return preparer, voluntarily surrendered to the U.S. Marshal’s Service. On July 21, a federal district court in Memphis, Tennessee, issued the warrant for the arrest of Williams for his civil contempt in failing to follow the court’s earlier orders regarding his tax return preparation activities.
On April 4, the U.S. District Court for the District of Tennessee barred Williams, his wife, Stephanie Edmond, and their businesses, the Tax Firm and the Tax Factory, from preparing tax returns. At that time, the court also ordered Williams and Edmond to turn over to the United States all of the fees they received from preparing returns since Jan. 15. On July 21, the court determined that Williams not only failed to turn over the fees collected by the Tax Firm to the United States but instead spent funds on a down payment for a Lexus, gambling and new home furnishings. In addition to these expenditures, the court found that Williams continued to pay his return preparers, including his step-daughter to whom he gave more than $33,000. Based upon these findings, the court found Williams in civil contempt and ordered him to be incarcerated until he paid $25,000 to the United States.
In its July 21 order, the district court found Edmond in civil contempt but also determined that she currently lacked the financial resources to pay the United States. The court ordered that she be jailed if she failed to obtain employment within 90 days and begin to pay the government $25,000 in monthly installments of $500.
Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016. The IRS has some tips on their website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Tax Return Preparer Pleads Guilty to Preparing and Filing False Tax Returns with the IRSRead the Press Release
A Guilford County, North Carolina, resident pleaded guilty today to four counts of aiding and assisting in the preparation of false tax returns, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo of the Justice Department’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina.
Marvin Flythe, 53, admitted that he ran a tax preparation business in Greensboro, North Carolina, called “TAXHOVA.” Between January 2012 and January 2015, Flythe admitted preparing and filing numerous individual income tax returns for clients on which he reported false business losses and false unreimbursed employee business expenses. Flythe maintained a YouTube video channel on which he advertised TAXHOVA. Flythe admitted to filing at least 36 false returns for clients, for which $130,949 in fraudulent refunds were paid. Flythe also admitted to filing false personal returns for himself for tax years 2011, 2012 and 2013 and to failing to file his 2014 return.
Flythe is scheduled to be sentenced on Nov. 14. He faces a statutory maximum sentence of three years in prison for each count of aiding and assisting in the preparation of false tax returns, as well as a term of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of Internal Revenue Service Criminal Investigation, who investigated the case, and Trial Attorney Robert J. Boudreau of the Tax Division and Assistant U.S. Attorney Anand Ramaswamy of the Middle District of North Carolina, who are prosecuting this case.
Additional information about the Tax Division and its enforcement efforts may be found on the Division’s website.
President Obama Grants CommutationsRead the Press Release
Today, the President made grants of commutation of sentences to the following 214 individuals:
· Timothy Adams – Hartsville, SC
Offense: Conspiracy to possess with intent to distribute and distribute cocaine base (crack); Middle District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (August 2, 1995)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Asher Adkins – Columbia City, IN
Offense: Distribution of methamphetamine and aiding and abetting (two counts); distribution of methamphetamine (three counts); use or carrying a firearm during a drug trafficking crime (two counts); distribution of more than 100 grams of methamphetamine (two counts); Northern District of Indiana
Sentence: 624 months’ imprisonment; five years' supervised release (January 3, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jamonte L. Allison – Carbondale, IL
Offense: Conspiracy to distribute five grams or more of "crack cocaine"; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (September 6, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joe Alvarado – Ogden, UT
Offense: Possession with intent to distribute methamphetamine (two counts); possession of a firearm and ammunition by convicted a felon; District of Utah
Sentence: Life imprisonment (October 13, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Tyrell L. Anthony – Kershaw, SC
Offense: Possession with intent to distribute 50 grams or more of cocaine base (crack cocaine); willfully failing to appear; District of South Carolina
Sentence: 240 months' imprisonment; 10 years' supervised release (July 28, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Reinaldo A. Arocho – Lake Station, IN
Offense: Drug conspiracy; maintaining a drug house; distribution of crack cocaine; carrying a firearm during drug trafficking; attempting to corruptly persuade a witness; Northern District of Indiana
Sentence: 387 months' imprisonment; 10 years' supervised release (January 19, 2000); amended to 300 months' imprisonment (January 18, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jose Carlos Arras, Jr. – Albuquerque, NM
Offense: 1. Conspiracy to import; conspiracy to wit: possession with intent to
distribute 100 kilograms and more of marijuana; District of New Mexico
2. Supervised release violation (Importation of a quantity of marijuana); Western District of Texas
Sentence: 1. 262 months' imprisonment; eight years’ supervised release (November 4, 2002)
2. 10 months' imprisonment (consecutive) (November 4, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sidney J. Ball – Lenox, GA
Offense: Possession with intent to distribute 12.04 kilograms of cocaine; Southern District of Texas
Sentence: 240 months' imprisonment; 10 years' supervised release (January 30, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lloyd Battles – Columbia, SC
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; Southern District of Texas
Sentence: Life imprisonment; 10 years' supervised release (December 6, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· David Bell – Miami, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base; possession with intent to distribute five grams or more of cocaine base (three counts); Southern District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (February 12, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Pauline K. Blake – West Valley City, UT
Offense: Possession of methamphetamine with intent to distribute; conspiracy or attempt to manufacture methamphetamine (two counts); establishment of a manufacture operation; possession of a listed chemical (two counts); District of Utah
Sentence: 210 months' imprisonment; five years' supervised release; $2,000 restitution (January 7, 2002); amended to 292 months' imprisonment (January 27, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Deborah Lucille Blue – Alcoa, TN
Offense: 1. Distribution of cocaine base (two counts); possession with intent to
distribute cocaine base; Eastern District of Tennessee
2. Supervised release violation (distribution of cocaine hydrochloride);
Eastern District of Tennessee
Sentence: 1. 292 months' imprisonment; eight years’ supervised release (February
23, 2007); amended to 234 months’ imprisonment (May 16, 2014)
2. 3 months' imprisonment (consecutive) (February 23, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Marston Edward Blue – District Heights, MD
Offense: Conspiracy to possess with intent to distribute and distribute heroin and cocaine; felon in possession of firearm; possess with intent to distribute heroin, aiding and abetting; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (November 25, 2002 (on remand))
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lucius Boswell – Madison, GA
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (two counts); Middle District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (September 5, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joshua Boyer – Tampa, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of a drug trafficking offense; possession of a firearm not registered in the National Firearms Registration and Transfer Record; Middle District of Florida
Sentence: 288 months' imprisonment; five years' supervised release (November 27, 2001)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Debra R. Brown – Nashville, TN
Offense: Distribution of 50 grams or more of cocaine base to a person under 21; Middle District of Tennessee
Sentence: 240 months' imprisonment; 10 years' supervised release (November 18, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Eddie Lee Brown – Brunswick, GA
Offense: Distribution of cocaine hydrochloride (two counts); Southern District of Georgia
Sentence: 262 months' imprisonment; six years' supervised release (June 12, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Patrick A. Brown – Alexandria, VA
Offense: Felon in possession of a firearm, aiding and abetting (two counts); possession with intent to distribute cocaine base, aiding and abetting; District of Maryland
Sentence: Life imprisonment; three years' supervised release (August 8, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Timothy Aaron Brown – Warren, OH
Offense: Possession with intent to distribute cocaine; Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (April 3, 2009)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jose Luis Buenrostro – Stockton, CA
Offense: Conspiracy to manufacture methamphetamine; Eastern District of California
Sentence: Life imprisonment; 10 years' supervised release (January 8, 1997)
Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Barry Charles Butler – Shelby, NC
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (March 30, 2006)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Charles Bynum – Torrance, CA
Offense: Conspiracy to possess with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (May 27, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Annette Maria Canania – DeSoto, MO
Offense: Conspiracy to possess pseudoephedrine knowing it would be used to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture methamphetamine (two counts); Eastern District of Missouri
Sentence: 240 months' imprisonment; three years' supervised release (December 22, 2006); amended to 210 months' imprisonment (April 27, 2015)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jose Manuel Candelario – Miami, FL
Offense: Conspiracy to possess with intent to distribute Schedule II (crack cocaine) controlled substance; possess with intent to distribute Schedule II (crack cocaine) controlled substance; Southern District of Alabama
Sentence: Life imprisonment; five years' supervised release (April 21, 1994); amended to 360 months’ imprisonment (May 17, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ralph Casas – North Miami Beach, FL
Offense: Conspiracy to possess with intent to distribute and distribute 9,445 kilograms of cocaine; District of Puerto Rico
Sentence: Life imprisonment; five years' supervised release (April 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 292 months' imprisonment.
· Willie Chester – Waco, TX
Offense: Possession of a firearm by felon; false statement in acquisition of firearm; Western District of Texas
Sentence: 264 months' imprisonment; five years' supervised release; $3,000 fine (March 26, 1992)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Donyelle Childs – Clearwater, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Middle District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (January 12, 2006)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Kenneth Choice – Chicago, IL
Offense: Conspiracy to possess with intent to deliver narcotics; possession with intent to deliver narcotics; Northern District of Illinois
Sentence: Life imprisonment; five years' supervised release (September 24, 1999); amended to life imprisonment; eight years’ supervised release (June 9, 2004); amended to 324 months’ imprisonment (February 1, 2016)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Osvaldo Cisneros-Gutierrez – Earlimart, CA
Offense: Conspiracy to possess with intent to distribute in excess of 500 grams of methamphetamine; Northern District of Texas
Sentence: 292 months' imprisonment; three years' supervised release (October 13, 2006)
Commutation Grant: Prison sentence commuted to a term of 228 months' imprisonment.
· Mark Anthony Clark – Rockford, IL
Offense: Conspiracy; possession with intent to distribute 100 grams or more of methamphetamine and aiding and abetting; possession with intent to distribute amphetamine; possession of a firearm by a felon/fugitive from justice and aiding and abetting; Northern District of Texas
Sentence: Life imprisonment; six years' supervised release (September 1, 1995)
Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Antonio Cobb – Bloomington, IL
Offense: Distribution of cocaine base; Central District of Illinois
Sentence: Life imprisonment; 10 years' supervised release (February 28, 2003)
Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment.
· Jimmie Clyde Collins – Joshua, TX
Offense: Conspiracy to possess a controlled substance with intent to distribute; possession of a controlled substance with intent to distribute and aiding and abetting; using a drug involved premises and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; possession of a controlled substance with intent to deliver; possession of a firearm during and in relation to a drug trafficking crime; Northern District of Texas
Sentence: 370 months' imprisonment; five years' supervised release (February 11, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dewayne L. Comer – Syracuse, NY
Offense: Engaging in a continuing criminal enterprise; conspiracy to possess with the intent to distribute and to distribute cocaine and cocaine base; distribution of cocaine base (two counts); possession with the intent to distribute cocaine base; possession with the intent to distribute cocaine; Northern District of New York
Sentence: Life imprisonment; five years' supervised release (December 8, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jason Andrew Comer – Weyers Cave, VA
Offense: Aid and abet in the possession with intent to distribute 500 grams or more of methamphetamine; Western District of Virginia
Sentence: 240 months' imprisonment; five years' supervised release (October 23, 2007)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Delaria Antwan Conway – Laurens, SC
Offense: Possession with intent to distribute five grams or more of crack cocaine and a quantity of cocaine (two counts); District of South Carolina
Sentence: 262 months' imprisonment; eight years' supervised release (December 17, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Eugene Ross Cousins – Greenville, VA
Offense: Distribution of methamphetamine (two counts); possess a firearm in furtherance of a drug trafficking crime (two counts); drug user in possession of firearm (two counts); Western District of Virginia
Sentence: 406 months' imprisonment; three years' supervised release (August 8, 2007); amended to 397 months' imprisonment (April 4, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lavon A. Crockett – Kansas City, KS
Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base ("crack cocaine"); District of Kansas
Sentence: 188 months' imprisonment; four years' supervised release (December 6, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Darnell Crookshank – West Covina, CA
Offense: Conspiracy to manufacture phencyclidine; manufacture with intent to distribute phencyclidine, aiding and abetting; possession with intent to distribute phencyclidine; Central District of California
Sentence: Life imprisonment; 10 years' supervised release (June 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dawan Croskery – Buffalo, NY
Offense: Engaging in a continuing criminal enterprise; money laundering; Western District of New York
Sentence: 240 months' imprisonment; five years' supervised release (December 16, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Andrew Crumbly – Fort Myers, FL
Offense: Possession with intent to distribute a detectable amount of cocaine base, crack cocaine (three counts); Middle District of Florida
Sentence: 235 months' imprisonment; six years' supervised release (February 14, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Morris Dabbs – Trenton, NJ
Offense: Conspiracy to distribute cocaine base (crack); Middle District of North Carolina
Sentence: 360 months' imprisonment; 10 years' supervised release (February 29, 2000); amended to 291 months’ imprisonment (August 2, 2011); amended to 240 months’ imprisonment (October 6, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ricky Darden – Kinston, NC
Offense: Possession with intent to distribute cocaine base (crack); District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (April 16, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lenwood Davies – Wabasso, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida
Sentence: 180 months' imprisonment; five years' supervised release (November 15, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Richard Lawrence Davis – St. Louis, MO
Offense: 1. Possession with intent to distribute cocaine base; Eastern District of
Missouri
2. Possession with intent to distribute cocaine base; carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (June 15, 2004)
2. 93 months' imprisonment (concurrent) (March 4, 2005); amended to 75 months' imprisonment (November 18, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Terry Davis – Monroe, LA
Offense: Distribution of cocaine base; Western District of Arkansas
Sentence: 240 months' imprisonment; 10 years' supervised release (September 8, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Christopher M. Dees – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release; $1,000 fine (September 1, 2004)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment, conditioned upon enrollment in residential drug treatment.
· Jose Del Valle – Philadelphia, PA
Offense: Conspiracy to possess with the intent to distribute five kilograms or more of cocaine; possession with the intent to distribute five kilograms or more of cocaine and aiding and abetting; Eastern District of Pennsylvania
Sentence: Life imprisonment; 10 years' supervised release (September 7, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Maynard Dennis – Liverpool, NY
Offense: Possession with intent to distribute cocaine base; possession of a firearm by a convicted felon; Northern District of New York
Sentence: 300 months' imprisonment; eight years' supervised release (September 7, 2005)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Bobbie Jo Diers – Romeoville, IL
Offense: Conspiracy to distribute 50 grams or more of cocaine base ("crack"); possession with intent to distribute 50 grams or more of cocaine base ("crack"); Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (April 12, 2010)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· James J. Dino – Upper Tumon, GU
Offense: 1. Possession of methamphetamine with intent to distribute; District of
Guam
2. Supervised release violation (possession with intent to distribute crystal methamphetamine); District of Guam
Sentence: 1. 240 months' imprisonment;10 years’ supervised release (October 19, 2006)
2. 60 months' imprisonment (concurrent) (October 19, 2006)
Commutation Grant: Prison sentence commuted to a term of 193 months’ imprisonment.
· Scottie Ladon Dixon – Atmore, AL
Offense: 1. Conspiracy to possess with intent to distribute crack cocaine; 2. Violation of supervised release (conspiracy to possess with intent to distribute crack cocaine); 1. Southern District of Alabama; 2. Southern District of Alabama
Sentence: 1. Life imprisonment; 2. 33 months' imprisonment (concurent); 1. 10 years' supervised release (1. & 2. May 18, 2010)
Commutation Grant: Prison sentence commuted to a term of 221 months' imprisonment.
· Thomas Duncan – Columbia, TN
Offense: Possession of cocaine base with intent to distribute; possession of a firearm in furtherance of a drug trafficking offense; felon in possession of a firearm; possession of five grams or more of cocaine base with intent to distribute; Eastern District of Tennessee
Sentence: 352 months' imprisonment; eight years' supervised release (September 23, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vincent Duval – Bradenton, FL
Offense: Possession with intent to distribute five grams or more of cocaine base; Middle District of Florida
Sentence: 262 months' imprisonment; eight years' supervised release (October 28, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· William Ennis – El Paso, TX
Offense: Conspiring to possess with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; possession with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; using a communication device to facilitate the commission of a felony; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release; $5,000 fine (July 17, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kenneth Evans – Fort Worth, TX
Offense: Conspiracy; possession with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base and aiding and abetting; use and carry firearm during and in relation to a drug trafficking crime and aiding and abetting; Northern District of Texas
Sentence: Life imprisonment plus 60 months; five years' supervised release (August 20, 1993)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Ronald Evans – Norfolk, VA
Offense: Conspiracy to distribute and possession with intent to distribute cocaine, heroin, and a mixture containing cocaine base; possession with intent to distribute heroin (three counts); possession with intent to distribute cocaine; possession with intent to distribute a mixture or substance containing cocaine base (two counts); Eastern District of Virginia
Sentence: Life imprisonment; five years' supervised release (July 30, 1993); amended to 360 months' imprisonment (March 16, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ronald Evans – New York, NY
Offense: 1. Possession with intent to distribute in excess of five grams of cocaine
base; District of Maine
2. Supervised release violation (possession with intent to distribute cocaine base); District of Maine
Sentence: 1. 270 months' imprisonment; eight years’ supervised release (August 13, 2003)
2. 12 months' imprisonment (concurrent) (August 13, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· James Oliver Fambro – Decatur, GA
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking offense; Northern District of Florida
Sentence: 300 months' imprisonment; 10 years' supervised release, $500 fine (April 5, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· J. B. Farris, Jr. – Atlanta, GA
Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; possession of a firearm during a drug trafficking crime; Northern District of Georgia
Sentence: 360 months' imprisonment; 10 years' supervised release (January 26, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Corey Ferguson – Bowling Green, KY
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; distribution of cocaine, aiding and abetting; Western District of Kentucky
Sentence: 300 months' imprisonment; eight years' supervised release (May 5, 2008)
Commutation Grant: Prison sentence commuted to a term of 202 months' imprisonment.
· Alejandro Flores – Mission, TX
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; traveling in interstate commerce to facilitate a criminal activity; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (November 10, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Raul Camargo Flores – Lubbock, TX
Offense: Possession with intent to distribute more than 50 grams of methamphetamine and aiding and abetting; Northern District of Texas
Sentence: 292 months' imprisonment; 10 years' supervised release (February 7, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Felix Monroe Fort – Birmingham, AL
Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; Northern District of Alabama
Sentence: 360 months' imprisonment; four years' supervised release (November 18, 1998)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Raymond Fox – New York, NY
Offense: Conspiracy to distribute and possess with intent to distribute cocaine and cocaine base; distribution and possession with intent to distribute cocaine and cocaine base; Southern District of New York
Sentence: 240 months' imprisonment; 10 years' supervised release (August 2, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Charles Franklin – St. Louis, MO
Offense: Possession with intent to distribute over 50 grams of cocaine base (crack); possession with the intent to distribute heroin; possession with intent to distribute cocaine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (July 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Cleveland R. Franklin, Jr. – Indianapolis, IN
Offense: Possession with intent to distribute 50 grams or more of a substance containing cocaine base; carrying a firearm during a drug trafficking crime; Southern District of Indiana
Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (November 17, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Michael L. Franklin – Kansas City, MO
Offense: Possession with intent to distribute cocaine base; Western District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (January 3, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Toddrick Onterio Franklin – St. Petersburg, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; being a previously convicted felon in possession of a firearm in and affecting interstate commerce; Middle District of Florida
Sentence: 300 months' imprisonment; 120 months' supervised release (March 21, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· William Anthony Freeman – Detroit, MI
Offense: Conspiracy to distribute cocaine; Eastern District of Michigan
Sentence: 480 months' imprisonment; five years' supervised release (December 14, 1990)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Thomas R. Fuller – Kansas City, MO
Offense: Conspiracy to distribute crack cocaine; aiding and abetting to distribute crack cocaine; possession with intent to distribute crack cocaine; possession of a firearm in relation to a drug trafficking crime; felon in possession of a firearm; Western District of Missouri
Sentence: 300 months' imprisonment; 10 years' supervised release (August 7, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John Nicholas Gargano – Folcroft, PA
Offense: 1. Conspiracy to distribute methylenedioxymethamphetamine and
ketamine; distributing and possessing with intent to distribute
methamphetamine; distributing and possessing with intent to distribute ecstasy; Southern District of New York
2. Conspiracy to commit identification fraud and credit card fraud; unauthorized use of access devices; Southern District of New York
3. Conspiracy to distribute and possess with intent to distribute more than 1.5 kilograms of methamphetamine; District of New Jersey
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (November 30, 2004)
2. 10 years' imprisonment (concurrent); three years’ supervised release; $212,379.38 restitution (November 30, 2004)
3. 100 months' imprisonment (concurrent); five years' supervised release (September 8, 2010)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Enrique Garza – Zolfo Springs, FL
Offense: Conspiracy to possess with intent to distribute methamphetamine; possess with intent to distribute methamphetamine; attempt to possess with intent to distribute methamphetamine; Middle District of Florida
Sentence: 480 months' imprisonment; 10 years' supervised release (July 17, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jesse James Gentry – Grand Prairie, TX
Offense: Possession of more than 50 grams of crack cocaine with intent to distribute; Northern District of Texas
Sentence: 262 months' imprisonment; five years' supervised release (February 3, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Bernard Gibson, Sr. – Temple Hills, MD
Offense: Conspiracy to possess with intent to distribute controlled drug substances: heroin and cocaine; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (April 15, 1996)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Steve P. Gillespie – Greeneville, TN
Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Tennessee
Sentence: 262 months' imprisonment; eight years' supervised release (August 16, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Derrick Glass – Youngstown, OH
Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; felon in possession of a firearm; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (March 14, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Fred M. Glover – Washington, DC
Offense: Unlawful distribution of five grams or more of cocaine base; unlawful distribution of a controlled substance within 1,000 feet of a school (three counts); unlawful distribution of 50 grams or more of cocaine base (two counts); District of Columbia
Sentence: Life imprisonment; 10 years' supervised release (October 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Will A. Goines, Jr. – Chicago, IL
Offense: Distribution of cocaine base ("crack") (three counts); Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (June 14, 2010)
Commutation Grant: Prison sentence commuted to a term of 120 months’ imprisonment.
· Michael Goldsby – Cleveland, OH
Offense: Possession with intent to distribute 5.88 grams of cocaine base; Northern District of Ohio
Sentence: 383 months' imprisonment; eight years' supervised release (November 19, 1997); amended to 360 months' imprisonment (August 31, 2000)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ramon Gonzalez – San Juan, TX
Offense: Conspiracy to possess, with intent to distribute 4506.65, kilograms of marijuana; possession with intent to distribute 4506.65 kilograms of marijuana; Southern District of Texas
Sentence: Life imprisonment; life term supervised release (January 20, 2009)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Edgar Gonzalez-Valentin – Mayagüez, PR
Offense: Conspiracy to import cocaine, aiding and abetting; importation of cocaine; possession with intent to distribute cocaine; possession of firearm in relation to drug trafficking crime (two counts); District of Puerto Rico
Sentence: 595 months' imprisonment; five years' supervised release (July 10, 1992); amended to 511 months' imprisonment (August 19, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Christopher Green – Waycross, GA
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine hydrochloride and crack cocaine; possession with intent to distribute crack cocaine (two counts); Southern District of Georgia
Sentence: Life imprisonment (December 23, 1997)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Randy P. Green – Sikeston, MO
Offense: Conspiracy to distribute methamphetamine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (November 7, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Samuel Grooms – Clinton Township, MI
Offense: Conspiracy with intent to distribute heroin; attempted possession with intent to distribute heroin; Eastern District of Michigan
Sentence: Life imprisonment; 10 years' supervised release (May 23, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Steven C. Hall – Gonzales, LA
Offense: 1. Conspiracy to possess with intent to distribute cocaine base; distribution
of cocaine base; Middle District of Louisiana
2. Supervised release violation (conspiracy to possess with intent to distribute cocaine base; distribution of cocaine base); Middle District of Louisiana
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (April 22, 2005)
2. 45 months' imprisonment (consecutive) (February 16, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Stephen Ramont Hardridge – Tulsa, OK
Offense: Conspiracy to possess with intent to distribute five kilograms or more of a mixture containing a detectable amount of cocaine and 50 grams or more of a mixture containing a detectable amount of cocaine base; Northern District of Oklahoma
Sentence: 292 months' imprisonment; 10 years' supervised release; $10,000 fine (November 25, 2002 (on remand)); amended to 240 months' imprisonment (June 10, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $10,000 fine remitted.
· Steven R. Hardy – Tampa, FL
Offense: Conspiracy to possess with intent to distribute, and to distribute, more than 5 kilograms of cocaine and more than 50 grams of cocaine base; possession with intent to distribute and distribution of more than 50 grams of cocaine base; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 14, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Donella Marie Harriel – Stuart, FL
Offense: Conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base; District of South Carolina
Sentence: 264 months' imprisonment; 10 years' supervised release (March 17, 2004)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment and 10-year term of supervised release commuted to a four-year term of supervised release.
· Benjamin Harris – Dallas, TX
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of 50 grams or more of cocaine base; possession with intent to distribute MDMA, cocaine and 50 grams or more of cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking crime; Middle District of Louisiana
Sentence: 226 months' imprisonment; five years' supervised release (February 23, 2007)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Christopher J. Heath – Ridgway, IL
Offense: Conspiracy to manufacture more than 500 grams of a mixture and substance containing methamphetamine; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (February 24, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Wilson Henderson – Hollywood, FL
Offense: Possession with intent to distribute cocaine base (incorrectly listed on the judgment as cocaine); use of a firearm during a drug trafficking crime; Southern District of Georgia
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 20, 1992)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John A. Hill – Cleveland, OH
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute marijuana; felon in possession of a firearm; Northern District of Ohio
Sentence: Life imprisonment (July 16, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Robert Hill – Washington, DC
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base (three counts); Eastern District of Virginia
Sentence: 480 months' imprisonment; 10 years' supervised release (September 20, 2004)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Marcell Hogans – St. Louis, MO
Offense: Distribution of cocaine base; Eastern District of Missouri
Sentence: 168 months' imprisonment; three years' supervised release (August 21, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Kenneth Bronson Hughes – Charlotte Court House, VA
Offense: Conspiracy to distribute more than 50 grams of cocaine base; possess with intent to distribute more than 50 grams of cocaine base; Western District of Virginia
Sentence: 334 months’ imprisonment; five years’ supervised release (September 3, 2003); amended to 272 months’ imprisonment (September 2, 2008); amended to 218 months’ imprisonment (March 4, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Deangelo Hunt – Richmond, VA
Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Virginia
Sentence: 180 months' imprisonment; five years' supervised release (February 1, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Courtney D. Hurt – Tamms, IL
Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base; Southern District of Illinois
Sentence: 360 months' imprisonment; eight years' supervised release; $1,000 fine (July 25, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of $1,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Alfonzo Ingram – Rowlett, TX
Offense: Conspiracy to possess with intent to distribute cocaine; Northern District of Illinois
Sentence: 300 months' imprisonment; five years' supervised release; $1,000 fine (June 16, 2004)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Anthonial Irick – Cameron, SC
Offense: Possession with intent to distribute over five kilograms of cocaine; possession of a firearm during a drug trafficking crime; Middle District of Georgia
Sentence: 180 months' imprisonment; five years' supervised release (May 18, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Albert Jackson – Mount Vernon, IL
Offense: 1. Conspiracy to distribute cocaine; distribution of cocaine; 2. Conspiracy to distribute cocaine; possession with intent to distribute more than 500 grams of cocaine; Central District of Illinois
Sentence: 1. 262 months' imprisonment; 2. 480 months' imprisonment (consecutive); 1. 10 years' supervised release; 2. eight years' supervised release (1. August 19, 1991; 2. November 7, 1994)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dickey Joe Jackson – Boyd, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine (two counts); felon in possession of a firearm; possession of an unregistered firearm (two counts); Northern District of Texas
Sentence: Life imprisonment; five years' supervised release (May 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Elmer Jackson – Bushnell, FL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (four counts); Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (December 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Eugene Ernst Jackson – Baltimore, MD
Offense: Conspiracy to distribute and possess with intent to distribute narcotics; distribution and possession with narcotics, aiding and abetting; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Tommy Merrel Jackson – Boyd, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; Northern District of Texas
Sentence: Life imprisonment; five years' supervised release (May 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tyrand James – Youngstown, OH
Offense: Distribution of cocaine (two counts); distribution of cocaine base; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (March 16, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Bernard Jennings – Vero Beach, FL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (three counts); Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 12, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Douglas George Jensen – Whitefish, MT
Offense: Possession with intent to distribute methamphetamine; District of Montana
Sentence: Life imprisonment; 10 years' supervised release (February 24, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Derrick Anthony Johnson – Richmond, VA
Offense: Conspiracy to distribute cocaine base; as principle or aider and abettor, possessed with intent to distribute cocaine base; Western District of Virginia
Sentence: 360 months' imprisonment; 10 years' supervised release (January 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Frederico Johnson – Kansas City, MO
Offense: Distribution of five grams or more of cocaine base; Western District of Missouri
Sentence: 262 months' imprisonment; eight years' supervised release (July 23, 2007)
Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.
· Matthew Troy Johnson – Baltimore, MD
Offense: Possession with intent to distribute cocaine and cocaine base, aiding and abetting; District of Maryland
Sentence: 262 months' imprisonment; three years' supervised release (November 12, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Walter Lee Johnson – Shreveport, LA
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride; conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Western District of Louisiana
Sentence: Life imprisonment; 10 years' supervised release (September 14, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Arnold Ray Jones – Lubbock, TX
Offense: Distribution of less than 50 grams of cocaine base and aiding and abetting; Northern District of Texas
Sentence: 235 months' imprisonment; four years' supervised release (November 22, 2002)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jeffrey Lynn Jones – Eugene, OR
Offense: Manufacturing methamphetamine; conspiracy to manufacture methamphetamine; District of Oregon
Sentence: 262 months' imprisonment; five years' supervised release (November 3, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vernon Jones – Evansville, IN
Offense: Possession with intent to distribute in excess of 50 grams of cocaine base (mixture); distribution of cocaine base (mixture) (two counts); Southern District of Indiana
Sentence: 360 months' imprisonment; five years' supervised release (June 9, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Albert J. Josey, Jr. – Sayreville, NJ
Offense: Possession of 50 grams or more of cocaine base with intent to distribute; Western District of Virginia
Sentence: 262 months' imprisonment; five years' supervised release; $1,000 fine (October 3, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $1,000 fine remitted.
· Keldren Joshua – Los Angeles, CA
Offense: Conspiracy to possess with intent to distribute a controlled substance; Central District of California
Sentence: 188 months' imprisonment; five years' supervised release (August 21, 2006); amended to 168 months' imprisonment (November 10, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Cory Baker Kamerud – Aberdeen, SD
Offense: Conspiracy to distribute methamphetamine; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (May 7, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Charceil Kellam – Berryville, VA
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribute 50 grams or more of cocaine base; distribution of cocaine base; distribute more than 5 grams of cocaine base; Western District of Virginia
Sentence: Life imprisonment; 10 years' supervised release (August 24, 2007)
Commutation Grant: Prison sentence commuted to a term of 160 months' imprisonment.
· Kenneth Lee Kelley – Westville, OK
Offense: Felon in possession of firearm after former conviction (two counts); possession of stolen firearm; attempt to manufacture methamphetamine (three counts); possession with intent to deliver methamphetamine; possession with intent to deliver methamphetamine; possession with intent to distribute methamphetamine; possession of methamphetamine; possesssion of a firearm in furtherance of a drug trafficking crime; Eastern District of Oklahoma
Sentence: 360 months' imprisonment; eight years' supervised release (April 27, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Milton Kemp – Jewell, GA
Offense: Conspiracy to possess with intent to distribute and to distribute crack cocaine; distribution of crack cocaine; Southern District of Georgia
Sentence: 280 months' imprisonment; 10 years' supervised release (April 19, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joseph Willie Kennedy – Randallstown, MD
Offense: Conspiracy to distribute and possess with intent to distribute a mixture or substance containing a detectable amount of cocaine, aiding and abetting; District of Maryland
Sentence: Life imprisonment (December 14, 1992)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Delinege King – Houston, TX
Offense: Possession with intent to distribute more than 50 grams of cocaine base; Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (November 27, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vince Cordell King – Detroit, MI
Offense: Possession with intent to distribute cocaine base (two counts); using or carrying of a firearm during and in relation to a drug trafficking crime; felon in possession of a firearm; Eastern District of Michigan
Sentence: Life plus five years' imprisonment; eight years' supervised release (May 21, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kent Edward Kiser – Manassas, VA
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia
Sentence: 270 months' imprisonment; eight years' supervised release (March 10, 2006)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· James LaRon Knight – Jonesboro, GA
Offense: Conspiracy to possess with intent to distribute cocaine; Southern District of Alabama
Sentence: 292 months' imprisonment; five years' supervised release (November 23, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derrick Tyrone Lamb – Fort Pierce, FL
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute five grams or more of cocaine base; Southern District of Florida
Sentence: 235 months' imprisonment; five years' supervised release (March 3, 2008)
Commutation Grant: Prison sentence commuted to a term of 151 months' imprisonment.
· Charlie Lawuary – Springfield, IL
Offense: Possession of controlled substance with intent to distribute; Central District of Illinois
Sentence: Life imprisonment; eight years' supervised release (July 27, 1998)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Josephine Ledezma – Rialto, CA
Offense: Conspiracy to possess with the intent to distribute a Schedule II controlled substance (cocaine); being aided and abetted by others, did unlawfully, knowingly, and intentionally possess and cause to be possessed, with intent to distribute, a Schedule II controlled substance (cocaine); Western District of Tennessee
Sentence: Life imprisonment (October 30, 1992)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· James Allen Ledford – Auburndale, FL
Offense: Possession with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (January 16, 2004)
Commutation Grant: Prison sentence commuted to a term of 235 months' imprisonment.
· Eric L. Lemon – St. Petersburg, FL
Offense: Conspiracy to distribute 50 grams or more of cocaine base; Middle District of Florida
Sentence: 188 months' imprisonment; 10 years' supervised release (June 6, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Gregory Allen Liningham – Los Angeles, CA
Offense: Possession of more than 50 grams of "crack" cocaine with intent to distribute; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release; $3,000 fine (December 1, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Antonio Lopez – Grand Prairie, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; Eastern District of Texas
Sentence: 360 months' imprisonment; five years' supervised release (October 26, 2000)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jeffrey Lundin – Livingston, TX
Offense: Conspiracy to import cocaine into the United States; conspiracy to distribute cocaine; possession with intent to distribute cocaine while aboard a United States vessel; Southern District of Florida
Sentence: 324 months' imprisonment; five years' supervised release (September 15, 1998)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Edwin M. Mack – Fort Myers, FL
Offense: Conspiracy to possess with intent to distribute a quantity of cocaine base, "crack cocaine"; distribution of a quantity of cocaine base, "crack cocaine" (two counts); possession with intent to distribute 50 grams or more of cocaine base, "crack cocaine"; possession of a firearm by a convicted felon; possession of an unregistered firearm (incorrectly listed on the judgment as possession of a firearm by a convicted felon); Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alonzo Mackins, Jr. – Charlotte, NC
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine, cocaine base, heroin, and marijuana; conspiracy to commit money laundering; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (October 8, 1999); amended to 360 months’ imprisonment; three years’ supervised release (August 14, 2006); amended to life imprisonment (September 2, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alberto Maisonet – Philadelphia, PA
Offense: Distribution of cocaine base (two counts); distribution of cocaine (two counts); possession with intent to distribute cocaine; illegal use of a communication facility (four counts); Eastern District of Pennsylvania
Sentence: 262 months' imprisonment; eight years' supervised release (February 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sheldon Paul Mangiapane – Hot Springs, AR
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (September 13, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tommy M. Martinez – Sparta, IL
Offense: Conspiracy to distribute crack cocaine; distribution of crack cocaine; Southern District of Illinois
Sentence: Life imprisonment; five years' supervised release; $4,000 fine (April 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $4,000 fine remitted.
· Robert L. Matthews – Memphis, TN
Offense: 1. Distribution of cocaine base; possession with intent to distribute cocaine
base; Northern District of Mississippi
2. Supervised release violation (possession with intent to distribute cocaine base); Western District of Tennessee
Sentence: 1. 280 months' imprisonment; eight years’ supervised release (June 13, 1997)
2. 15 months' imprisonment (consecutive) (September 30, 1998)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· James A. McGee – Chidester, AR
Offense: Conspiracy to manufacture methamphetamine; possession of chemicals with intent to manufacture methamphetamine (three counts); Southern District of Florida
Sentence: Life imprisonment; five years' supervised release (April 4, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Artis Sangria McGraw – Saluda, SC
Offense: Possession with intent to distribute crack cocaine; use of fiream during and in relation to a crime of violence; felon in possession of a firearm; possession of a firearm with obliterated serial numbers; District of South Carolina
Sentence: 270 months' imprisonment; five years' supervised release (September 30, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Reba L. McIntyre – Hayti, MO
Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Missouri
Sentence: 262 months' imprisonment; eight years' supervised release (June 26, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Torey A. McKay – Wesley Chapel, FL
Offense: Possession with intent to distribute and distribute five grams or more of cocaine base (two counts); possession with intent to distribute and distribute 50 grams or more of cocaine base; possession with intent to distribute and distribute a quantity of cocaine; Middle District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (March 29, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Rudolph McKinnon, Jr. – Fort Walton Beach, FL
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute five grams or more of a mixture and substance containing cocaine; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Florida
Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (October 26, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John Anthony Mickens – Louisa, VA
Offense: Conspiracy to distribute cocaine base; possession of a firearm during and in relation to a drug trafficking offense; Western District of Virginia
Sentence: 211 months' imprisonment; five years' supervised release (June 25, 2007); amended to 181 months’ imprisonment (October 21, 2008); amended to 180 months’ imprisonment (October 14, 2011)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· David Dean Millard – Grimes, IA
Offense: Conspiracy to distribute methamphetamine; use of communication facility to distribute methamphetamine (two counts); Southern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (October 10, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Titus Jerrard Mobley – Groveland, FL
Offense: Conspiracy to possess with intent to distribute cocaine base; Middle District of Florida
Sentence: 210 months' imprisonment; five years' supervised release (June 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tyrone Montgomery – Lexington, KY
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute cocaine and cocaine base; Western District of Kentucky
Sentence: 288 months' imprisonment; 10 years' supervised release (June 27, 2008)
Commutation Grant: Prison sentence commuted to a term of 209 months' imprisonment.
· Ronald Perry Moon – Commerce, GA
Offense: Possession with intent to distribute crack cocaine; possession with intent to distribute cocaine; possession with intent to distribute methamphetamine; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release; $2,000 fine (February 10, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of $2,000 fine remitted.
· Martin Brandon Moore – Fort Lauderdale, FL
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of a mixture and substance containing cocaine base and more than 5 kilograms of a mixture and substance containing cocaine; principal to possession with intent to distribute cocaine and more than 50 grams of a mixture and substance containing cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (May 30, 2007)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Michael L. Moore – Mount Vernon, NY
Offense: Conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine; distribution of 500 grams or more of cocaine; distribution of five kilograms or more of cocaine; Eastern District of Virginia
Sentence: 360 months' imprisonment; five years' supervised release (June 5, 1998); amended to 292 months' imprisonment (October 27, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Amir Morgan – Evansville, IN
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine (mixture); Southern District of Indiana
Sentence: 240 months' imprisonment; 10 years' supervised release (December 19, 2007)
Commutation Grant: Prison sentence commuted to expire on July 1, 2017.
· Lucille Mae Morse – Billings, MT
Offense: Distribution/possession with intent to distribute heroin/methamphetamine (two counts); possession with intent to distribute methamphetamine (six counts); District of Montana
Sentence: 240 months' imprisonment; 10 years' supervised release (November 29, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Luciano Murga – Houston, TX
Offense: Conspiracy to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana; Northern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release; $800 fine (January 25, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Robert Earl Nettles – Fort Pierce, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (January 22, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Linton C. Nichols – Cleveland, OH
Offense: Possession with intent to distribute more than 50 grams of cocaine base (crack); possession of a firearm by a convicted felon; Nothern District of Ohio
Sentence: Life imprisonment; 10 years' supervised release (January 15, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Robert Lee Nickles – Mobile, AL
Offense: Conspiracy to possess with intent to distribute crack cocaine; Southern District of Alabama
Sentence: 240 months' imprisonment; 10 years' supervised release (August 27, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Hilario Nieto, III – San Antonio, TX
Offense: 1. Possession with intent to distribute heroin; Western District of Texas
2. Distribution of a controlled substance, heroin; Western District of Texas
Sentence: 1. 188 months’ imprisonment; five years’ supervised release (Feburary 5, 2004)
2. 188 months’ imprisonment (60 months’ consecutive to above offense, the remainder concurrent); three years' supervised release (August 9, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Francisco Olivera – Modesto, CA
Offense: 1. Use of a communication facility in the commission of a drug offense;
Eastern District of California
2. Conspiracy to manufacture and to possess methamphetamine with intent to distribute; attempted manufacture of methamphetamine, aiding and abetting; possession of a listed chemical knowing that it will be used to manufacture methamphetamine, aiding and abetting; Eastern District of California
Sentence: 1. 48 months' imprisonment; 12 months’ supervised release (March 16, 1998)
2. 324 months' imprisonment (consecutive); 36 months' supervised release (November 3, 2000)
Commutation Grant: Prison sentence commuted to a term of 288 months' imprisonment.
· Kenyatta O'Neil – San Antonio, TX
Offense: Distribution of cocaine base (two counts); Western District of Texas
Sentence: 188 months' imprisonment; five years' supervised release (March 30, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Candido Ortiz-Martinez – Pagedale, MO
Offense: Conspiracy to distribute and possess with intent to distribute cocaine; possession of firearm during the commission of a drug trafficking crime (two counts); distribution of cocaine; Eastern District of Missouri
Sentence: 592 months' imprisonment; five years' supervised release (December 12, 1991); amended to 535 months' imprisonment (March 30, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lonnie Dwayne Payne – St. Louis, MO
Offense: Conspiracy to possess with intent to distribute cocaine; interstate transportation of a firearm by a felon; Eastern District of Missouri
Sentence: 324 months' imprisonment; 10 years' supervised release (September 25, 2003); amended to 240 months' imprisonment (April 21, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jeremy Payton – Winnfield , LA
Offense: Conspiracy to distribute 50 grams or more of cocaine base; Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (January 8, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Erenio C. Perez – Colorado Springs, CO
Offense: Conspiracy and possession with intent to distribute more than one kilogram of a mixture and substance containing a detectable amount of methamphetamine and aiding and abetting the manufacture in excess of one kilogram of methamphetamine; possession and aiding and abetting the possession of ephedrine with intent to manufacture methamphetamine (two counts); possession and aiding and abetting possession with intent to distribute more than 100 grams of a mixture or substance containing methamphetamine; possession of a firearm by a convicted felon (two counts); District of Colorado
Sentence: Life imprisonment; 10 years' supervised release (April 19, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sharon Price – Nacogdoches, TX
Offense: Conspiracy to commit money laundering; Western District of Texas
Sentence: 235 months' imprisonment; three years' supervised release; $20,000 fine (June 6, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $20,000 fine remitted.
· Thomas Jefferson Price, III – Kernersville, NC
Offense: Conspiracy: possess with intent to distribute and distribute methamphetamine; possess with intent to distribute methamphetamine (three counts); Middle District of North Carolina
Sentence: 330 months' imprisonment; five years' supervised release (May 24, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jack Dewhan Randolph – Charlotte, NC
Offense: Possession of a firearm during and in relation to a drug trafficking crime and aiding and abetting the same (two counts); Western District of North Carolina
Sentence: 360 months' imprisonment; three years' supervised release (November 29, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Evans Ray, Jr. – Fort Washington, MD
Offense: Distribution of cocaine and crack cocaine, aiding and abetting; felon in possession of a firearm and ammunition, aiding and abetting; District of Maryland
Sentence: 324 months' imprisonment; 10 years' supervised release (May 7, 2007); amended to life imprisonment (May 15, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Keith Ray – Minneapolis, MN
Offense: Conspiracy to possess with intent to distribute crack cocaine; Northern District of Illinois
Sentence: 263 months' imprisonment; five years' supervised release; $2,500 fine (April 17, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Richard D. Reid – Wilmington, DE
Offense: Felon in possession of a firearm and ammunition (five counts); possession of a firearm in furtherance of a drug trafficking offense; possession with intent to distribute more than 50 grams of a cocaine base (crack); possession with the intent to distribute cocaine; possession of crack cocaine; possession of marijuana; District of Delaware
Sentence: 300 months' imprisonment; 10 years' supervised release (September 4, 2007)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ricardo Renteria – Irving, TX
Offense: 1. Conspiracy to distribute at least five kilograms of cocaine; Western
District of Texas
2. Conspiracy to possess with intent to manufacture and distribute methamphetamine; Eastern District of Texas
Sentence: 1. 235 months' imprisonment; five years’ supervised release; $1,000 fine (August 22, 2007); amended to 188 months’ imprisonment (August 24, 2015)
2. 135 months' imprisonment; five years' supervised release (October 8, 2008); amended to 108 months' imprisonment (November 13, 2015)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Richard L. Reser – Sedgwick, KS
Offense: Possession with intent to distribute methamphetamine; possession of firearm while trafficking in drugs (two counts); possession of a firearm by a felon; distribution of methamphetamine; conspiracy to distribute methamphetamine; District of Kansas
Sentence: 480 months' imprisonment; eight years' supervised release (December 20, 1989)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Samuel Reyes – Coral Springs, FL
Offense: Conspiracy to possess with intent to distribute detectable amount of cocaine; Southern District of Florida
Sentence: 210 months' imprisonment; five years' supervised release (November 24, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Broderick Richardson – Louisville, KY
Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine; Western District of Kentucky
Sentence: 240 months' imprisonment; 10 years' supervised release (September 27, 2005)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· William C. Robertson, Sr. – New Orleans, LA
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession with intent to distribute cocaine; Northern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (November 8, 2001)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derwlyn Rosborough – Lake View Terrace, CA
Offense: Possession with intent to distribute cocaine; District of Wyoming
Sentence: 240 months' imprisonment; five years' supervised release, $2,000 fine (December 5, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Thomas R. Ross – Fairfield, CA
Offense: Conspiracy to manufacture methamphetamine; conspiracy to distribute pseudoephedrine with knowledge or reasonable cause to believe that it would be used to manufacture a controlled substance; distribution of pseudoephedrine with knowledge or reasonable cause to believe it would be used to manufacture a controlled substance and aiding and abetting; Eastern District of California
Sentence: 240 months' imprisonment; five years' supervised release (April 26, 2001)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
· Jerome Rowser – Birmingham, AL
Offense: Possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; felon in possession of firearms; Northern District of Alabama
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 19, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alphonso P. Rubalcava – Rock Island, IL
Offense: Conspiracy to distribute controlled substances; Central District of Illinois
Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002); amended to 327 months' imprisonment (June 22, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Breon Montez Sanders – Wilmington, NC
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base (crack) and five kilograms of cocaine; Eastern District of North Carolina
Sentence: 295 months' imprisonment; five years' supervised release (August 17, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Michael Sandmeyer – Rockford, IA
Offense: Possession with intent to distribute 500 grams or more of methamphetamine (mixture) after having previously been convicted of a felony drug offense; felon in possession of a firearm; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (January 22, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kelvin Jerome Shears, Jr. – Rock Island, IL
Offense: Possession with intent to distribute cocaine base; Southern District of Iowa
Sentence: 235 months' imprisonment; eight years' supervised release (April 23, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Andrew Simmons, III – Lake Charles, LA
Offense: Possess with intent to distribute cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Western District of Louisiana
Sentence: 300 months' imprisonment; 10 years' supervised release (September 14, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Martin Ruiz Singh – Marshalltown, IA
Offense: Conspiracy to distribute methamphetamine; distribution of methamphetamine (three counts); felon in possession of a firearm ; Southern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (July 12, 2006)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Kenneth H. Smith – Nashville, TN
Offense: Possession with intent to distribute cocaine base (crack cocaine); convicted felon in possession of firearms; false written statement to licensed firearm dealer; Middle District of Tennessee
Sentence: 240 months' imprisonment; 10 years' supervised release (January 29, 2001)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kenneth Junior Smith – Brooklyn, NY
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base, aid and abet (three counts); felon in possession of a firearm; District of South Carolina
Sentence: Life imprisonment; 10 years' supervised release (June 14, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Noriel K. Snider – St. Louis, MO
Offense: Possession with intent to distribute cocaine base; Eastern District of Missouri
Sentence: 196 months' imprisonment; four years' supervised release (June 8, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Martin Souza – Chicago, IL
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine; Northern District of Ohio
Sentence: Life imprisonment (December 15, 1999)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Christopher Stanton – Pensacola, FL
Offense: Possession of firearm by a convicted felon; possession with intent to distribute five grams or more of cocaine base; Northern District of Florida
Sentence: 360 months' imprisonment; eight years' supervised release (July 25, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Sandy Steen, Jr. – San Antonio, TX
Offense: Possession with intent to distribute a quantity of cocaine base; Western District of Texas
Sentence: Life imprisonment (December 3, 1993)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Cedric DeWayne Stephens – Waco, TX
Offense: Conspiracy to possess with intent to distribute at least 1,000 kilograms of marijuana; conspiracy to commit money laundering; Western District of Texas
Sentence: 120 months' imprisonment; five years' supervised release; $2,000 fine; $2,000,000 forefeiture (July 15, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and obligation and payment of forfeiture remitted.
· Terry Storeby – Waverly, FL
Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (January 29, 2003)
Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.
· Minnie Pearl Thomas – Allentown, GA
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; distribution of cocaine; Middle District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (July 20, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vincent Thomas – Gonzales, LA
Offense: Violations of the Federal Controlled Substances Act (two counts); Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (March 26, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derrick Anthony Timmons – Herndon, VA
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia
Sentence: 300 months' imprisonment; 10 years' supervised release (September 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John L. Tolliver – Holly, MI
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $250 fine (June 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and 10-year term of supervised release commuted to five-year term of supervised release.
· Terrence Upshaw – Yonkers, NY
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; distribution of cocaine base; Northern District of New York
Sentence: Life imprisonment (December 29, 1998)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Ronald Wade – Daytona Beach, FL
Offense: Conspiracy to possess with intent to distribute cocaine base and cocaine hydrochloride; Middle District of Florida
Sentence: Life imprisonment; five years' supervised release; $25,000 fine (April 5, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of the $25,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Jimmy L. Walden, Jr. – Morristown, TN
Offense: Possession with the intent to distribute five grams or more of cocaine base; possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute a quantity of cocaine; possession with the intent to distribute a quantity of marijuana; Eastern District of Tennessee
Sentence: Life imprisonment (May 19, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Rodney Edward Wall – Rockingham, NC
Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base within 1,000 feet of a protected area; possession with intent to distribute cocaine base; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (July 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Clarence Ward – Hollywood, FL
Offense: Possession with intent to distribute cocaine base (four counts); felon in possession of a firearm; Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (December 20, 2004)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Richard Douglas Warrick – Englewood, NJ
Offense: Drug conspiracy: controlled substance, sell, distribute or dispense mixture of cocaine base; controlled substance, sell, distribute or dispense mixture cocaine base (two counts); Northern District of Alabama
Sentence: 360 months' imprisonment; five years' supervised release; $500 fine (January 10, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jamel Washington – Austin, TX
Offense: Possession of a controlled substance with intent to distribute; felon in possession of a firearm; Western District of Texas
Sentence: 262 months' imprisonment; eight years' supervised release (December 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dennis Merrimon Waters – Hendersonville, NC
Offense: Conspiracy to possess with intent to distribute cocaine base and cocaine; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (October 1, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Dennis L. Webb – Washington, DC
Offense: Unlawful distribution of five grams or more of cocaine base (two counts); unlawful distribution of 50 grams or more of cocaine base (incorrectly listed on the judgment as cocaine); unlawful possession with intent to distribute cocaine base; District of Columbia
Sentence: 360 months' imprisonment; 10 years' supervised release (August 13, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Billy Whitehead – North Little Rock, AR
Offense: Conspiracy to distribute cocaine base; aiding and abetting the distribution of less than five grams of cocaine base (two counts); distribution of more than five grams of cocaine base (two counts); aiding and abetting the distribution of more than five grams of cocaine base (two counts); Eastern District of Arkansas
Sentence: 240 months' imprisonment; 10 years' supervised release (April 21, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Patricia Widener – Glade Spring, VA
Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Western District of Virginia
Sentence: 240 months' imprisonment; 10 years' supervised release; $10,950 restitution (November 13, 2006)
Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, and unpaid balance of restitution obligation remitted.
· Ralph K. Williams – Baltimore, MD
Offense: Conspiracy to distribute cocaine; District of Maryland
Sentence: 360 months' imprisonment; five years' supervised release; $6 million forfeiture (February 25, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment and obligation and payment of forfeiture remitted.
· Byron Willis – Knoxville, TN
Offense: Distribution of 500 grams or more of cocaine hydrochloride; Eastern District of Tennessee
Sentence: 240 months' imprisonment; eight years' supervised release (March 7, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Damion M. Wilson – Caruthersville, MO
Offense: Distribution of five grams or more of a substance containing a detectable amount of cocaine base; Eastern District of Missouri
Sentence: 188 months' imprisonment; five years' supervised release (March 19, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· David Dejuan Wise – Montgomery, AL
Offense: Conspiracy to distribute and possess with intent to distribute cocaine hydrochloride; possession with intent to distribute cocaine hydrochloride and aiding and abetting; possession of cocaine base; Middle District of Alabama
Sentence: 240 months' imprisonment; eight years' supervised release (July 13, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Karen Denise Witherspoon – Lenoir, NC
Offense: Conspiracy to possess with intent to distribute a quantity of cocaine and cocaine base; Western District of North Carolina
Sentence: 324 months' imprisonment; five years' supervised release (September 10, 2007); amended to 262 months' imprisonment (November 19, 2015)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ervin Darnell Worthy – Akron, OH
Offense: 1. Felon in possession of a firearm; possession of a firearm with an altered serial number; Northern District of Ohio
2. Conspiracy to possess with the intent to distribute cocaine; Northern District of Ohio
Sentence: 1. Life imprisonment (February 7, 1996)
2. Life imprisonment (February 7, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· James Wright – Baltimore, MD
Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine base and aiding and abetting; District of Maryland
Sentence: 240 months' imprisonment; five years' supervised release (May 4, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
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16-896
DO NOT REPLY TO THIS MESSAGE. IF YOU HAVE QUESTIONS, PLEASE USE THE CONTACTS IN THE MESSAGE OR CALL THE OFFICE OF PUBLIC AFFAIRS AT 202-514-2007
______________________________________________________________________________
FOR IMMEDIATE RELEASE DAG
WEDNESDAY, AUGUST 3, 2016 (202) 514-2007
WWW.JUSTICE.GOV TTY (866) 544-5309
PRESIDENT OBAMA GRANTS COMMUTATIONS
WASHINGTON, D.C. – Today, the President made grants of commutation of sentences to the following 214 individuals:
· Timothy Adams – Hartsville, SC
Offense: Conspiracy to possess with intent to distribute and distribute cocaine base (crack); Middle District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (August 2, 1995)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Asher Adkins – Columbia City, IN
Offense: Distribution of methamphetamine and aiding and abetting (two counts); distribution of methamphetamine (three counts); use or carrying a firearm during a drug trafficking crime (two counts); distribution of more than 100 grams of methamphetamine (two counts); Northern District of Indiana
Sentence: 624 months’ imprisonment; five years' supervised release (January 3, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jamonte L. Allison – Carbondale, IL
Offense: Conspiracy to distribute five grams or more of "crack cocaine"; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (September 6, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joe Alvarado – Ogden, UT
Offense: Possession with intent to distribute methamphetamine (two counts); possession of a firearm and ammunition by convicted a felon; District of Utah
Sentence: Life imprisonment (October 13, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Tyrell L. Anthony – Kershaw, SC
Offense: Possession with intent to distribute 50 grams or more of cocaine base (crack cocaine); willfully failing to appear; District of South Carolina
Sentence: 240 months' imprisonment; 10 years' supervised release (July 28, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Reinaldo A. Arocho – Lake Station, IN
Offense: Drug conspiracy; maintaining a drug house; distribution of crack cocaine; carrying a firearm during drug trafficking; attempting to corruptly persuade a witness; Northern District of Indiana
Sentence: 387 months' imprisonment; 10 years' supervised release (January 19, 2000); amended to 300 months' imprisonment (January 18, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jose Carlos Arras, Jr. – Albuquerque, NM
Offense: 1. Conspiracy to import; conspiracy to wit: possession with intent to
distribute 100 kilograms and more of marijuana; District of New Mexico
2. Supervised release violation (Importation of a quantity of marijuana); Western District of Texas
Sentence: 1. 262 months' imprisonment; eight years’ supervised release (November 4, 2002)
2. 10 months' imprisonment (consecutive) (November 4, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sidney J. Ball – Lenox, GA
Offense: Possession with intent to distribute 12.04 kilograms of cocaine; Southern District of Texas
Sentence: 240 months' imprisonment; 10 years' supervised release (January 30, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lloyd Battles – Columbia, SC
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base, aiding and abetting; Southern District of Texas
Sentence: Life imprisonment; 10 years' supervised release (December 6, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· David Bell – Miami, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute a detectable amount of cocaine base; possession with intent to distribute five grams or more of cocaine base (three counts); Southern District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (February 12, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Pauline K. Blake – West Valley City, UT
Offense: Possession of methamphetamine with intent to distribute; conspiracy or attempt to manufacture methamphetamine (two counts); establishment of a manufacture operation; possession of a listed chemical (two counts); District of Utah
Sentence: 210 months' imprisonment; five years' supervised release; $2,000 restitution (January 7, 2002); amended to 292 months' imprisonment (January 27, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Deborah Lucille Blue – Alcoa, TN
Offense: 1. Distribution of cocaine base (two counts); possession with intent to
distribute cocaine base; Eastern District of Tennessee
2. Supervised release violation (distribution of cocaine hydrochloride);
Eastern District of Tennessee
Sentence: 1. 292 months' imprisonment; eight years’ supervised release (February
23, 2007); amended to 234 months’ imprisonment (May 16, 2014)
2. 3 months' imprisonment (consecutive) (February 23, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Marston Edward Blue – District Heights, MD
Offense: Conspiracy to possess with intent to distribute and distribute heroin and cocaine; felon in possession of firearm; possess with intent to distribute heroin, aiding and abetting; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (November 25, 2002 (on remand))
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lucius Boswell – Madison, GA
Offense: Conspiracy to possess with intent to distribute cocaine base; possession with intent to distribute cocaine base (two counts); Middle District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (September 5, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joshua Boyer – Tampa, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of a drug trafficking offense; possession of a firearm not registered in the National Firearms Registration and Transfer Record; Middle District of Florida
Sentence: 288 months' imprisonment; five years' supervised release (November 27, 2001)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Debra R. Brown – Nashville, TN
Offense: Distribution of 50 grams or more of cocaine base to a person under 21; Middle District of Tennessee
Sentence: 240 months' imprisonment; 10 years' supervised release (November 18, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Eddie Lee Brown – Brunswick, GA
Offense: Distribution of cocaine hydrochloride (two counts); Southern District of Georgia
Sentence: 262 months' imprisonment; six years' supervised release (June 12, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Patrick A. Brown – Alexandria, VA
Offense: Felon in possession of a firearm, aiding and abetting (two counts); possession with intent to distribute cocaine base, aiding and abetting; District of Maryland
Sentence: Life imprisonment; three years' supervised release (August 8, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Timothy Aaron Brown – Warren, OH
Offense: Possession with intent to distribute cocaine; Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (April 3, 2009)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jose Luis Buenrostro – Stockton, CA
Offense: Conspiracy to manufacture methamphetamine; Eastern District of California
Sentence: Life imprisonment; 10 years' supervised release (January 8, 1997)
Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Barry Charles Butler – Shelby, NC
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (March 30, 2006)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Charles Bynum – Torrance, CA
Offense: Conspiracy to possess with intent to distribute more than 500 grams of a mixture and substance containing methamphetamine; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (May 27, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Annette Maria Canania – DeSoto, MO
Offense: Conspiracy to possess pseudoephedrine knowing it would be used to manufacture methamphetamine; possession of pseudoephedrine knowing it would be used to manufacture methamphetamine (two counts); Eastern District of Missouri
Sentence: 240 months' imprisonment; three years' supervised release (December 22, 2006); amended to 210 months' imprisonment (April 27, 2015)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jose Manuel Candelario – Miami, FL
Offense: Conspiracy to possess with intent to distribute Schedule II (crack cocaine) controlled substance; possess with intent to distribute Schedule II (crack cocaine) controlled substance; Southern District of Alabama
Sentence: Life imprisonment; five years' supervised release (April 21, 1994); amended to 360 months’ imprisonment (May 17, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ralph Casas – North Miami Beach, FL
Offense: Conspiracy to possess with intent to distribute and distribute 9,445 kilograms of cocaine; District of Puerto Rico
Sentence: Life imprisonment; five years' supervised release (April 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 292 months' imprisonment.
· Willie Chester – Waco, TX
Offense: Possession of a firearm by felon; false statement in acquisition of firearm; Western District of Texas
Sentence: 264 months' imprisonment; five years' supervised release; $3,000 fine (March 26, 1992)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Donyelle Childs – Clearwater, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Middle District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (January 12, 2006)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Kenneth Choice – Chicago, IL
Offense: Conspiracy to possess with intent to deliver narcotics; possession with intent to deliver narcotics; Northern District of Illinois
Sentence: Life imprisonment; five years' supervised release (September 24, 1999); amended to life imprisonment; eight years’ supervised release (June 9, 2004); amended to 324 months’ imprisonment (February 1, 2016)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Osvaldo Cisneros-Gutierrez – Earlimart, CA
Offense: Conspiracy to possess with intent to distribute in excess of 500 grams of methamphetamine; Northern District of Texas
Sentence: 292 months' imprisonment; three years' supervised release (October 13, 2006)
Commutation Grant: Prison sentence commuted to a term of 228 months' imprisonment.
· Mark Anthony Clark – Rockford, IL
Offense: Conspiracy; possession with intent to distribute 100 grams or more of methamphetamine and aiding and abetting; possession with intent to distribute amphetamine; possession of a firearm by a felon/fugitive from justice and aiding and abetting; Northern District of Texas
Sentence: Life imprisonment; six years' supervised release (September 1, 1995)
Commutation Grant: Prison sentence commuted to a term of 360 months’ imprisonment.
· Antonio Cobb – Bloomington, IL
Offense: Distribution of cocaine base; Central District of Illinois
Sentence: Life imprisonment; 10 years' supervised release (February 28, 2003)
Commutation Grant: Prison sentence commuted to a term of 262 months’ imprisonment.
· Jimmie Clyde Collins – Joshua, TX
Offense: Conspiracy to possess a controlled substance with intent to distribute; possession of a controlled substance with intent to distribute and aiding and abetting; using a drug involved premises and aiding and abetting; possession of a firearm in furtherance of a drug trafficking crime; possession of a controlled substance with intent to deliver; possession of a firearm during and in relation to a drug trafficking crime; Northern District of Texas
Sentence: 370 months' imprisonment; five years' supervised release (February 11, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dewayne L. Comer – Syracuse, NY
Offense: Engaging in a continuing criminal enterprise; conspiracy to possess with the intent to distribute and to distribute cocaine and cocaine base; distribution of cocaine base (two counts); possession with the intent to distribute cocaine base; possession with the intent to distribute cocaine; Northern District of New York
Sentence: Life imprisonment; five years' supervised release (December 8, 1997)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jason Andrew Comer – Weyers Cave, VA
Offense: Aid and abet in the possession with intent to distribute 500 grams or more of methamphetamine; Western District of Virginia
Sentence: 240 months' imprisonment; five years' supervised release (October 23, 2007)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Delaria Antwan Conway – Laurens, SC
Offense: Possession with intent to distribute five grams or more of crack cocaine and a quantity of cocaine (two counts); District of South Carolina
Sentence: 262 months' imprisonment; eight years' supervised release (December 17, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Eugene Ross Cousins – Greenville, VA
Offense: Distribution of methamphetamine (two counts); possess a firearm in furtherance of a drug trafficking crime (two counts); drug user in possession of firearm (two counts); Western District of Virginia
Sentence: 406 months' imprisonment; three years' supervised release (August 8, 2007); amended to 397 months' imprisonment (April 4, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lavon A. Crockett – Kansas City, KS
Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base ("crack cocaine"); District of Kansas
Sentence: 188 months' imprisonment; four years' supervised release (December 6, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Darnell Crookshank – West Covina, CA
Offense: Conspiracy to manufacture phencyclidine; manufacture with intent to distribute phencyclidine, aiding and abetting; possession with intent to distribute phencyclidine; Central District of California
Sentence: Life imprisonment; 10 years' supervised release (June 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dawan Croskery – Buffalo, NY
Offense: Engaging in a continuing criminal enterprise; money laundering; Western District of New York
Sentence: 240 months' imprisonment; five years' supervised release (December 16, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Andrew Crumbly – Fort Myers, FL
Offense: Possession with intent to distribute a detectable amount of cocaine base, crack cocaine (three counts); Middle District of Florida
Sentence: 235 months' imprisonment; six years' supervised release (February 14, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Morris Dabbs – Trenton, NJ
Offense: Conspiracy to distribute cocaine base (crack); Middle District of North Carolina
Sentence: 360 months' imprisonment; 10 years' supervised release (February 29, 2000); amended to 291 months’ imprisonment (August 2, 2011); amended to 240 months’ imprisonment (October 6, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ricky Darden – Kinston, NC
Offense: Possession with intent to distribute cocaine base (crack); District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (April 16, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lenwood Davies – Wabasso, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida
Sentence: 180 months' imprisonment; five years' supervised release (November 15, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Richard Lawrence Davis – St. Louis, MO
Offense: 1. Possession with intent to distribute cocaine base; Eastern District of
Missouri
2. Possession with intent to distribute cocaine base; carrying a firearm during and in relation to a drug trafficking crime; Eastern District of Missouri
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (June 15, 2004)
2. 93 months' imprisonment (concurrent) (March 4, 2005); amended to 75 months' imprisonment (November 18, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Terry Davis – Monroe, LA
Offense: Distribution of cocaine base; Western District of Arkansas
Sentence: 240 months' imprisonment; 10 years' supervised release (September 8, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Christopher M. Dees – Pensacola, FL
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine and 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release; $1,000 fine (September 1, 2004)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment, conditioned upon enrollment in residential drug treatment.
· Jose Del Valle – Philadelphia, PA
Offense: Conspiracy to possess with the intent to distribute five kilograms or more of cocaine; possession with the intent to distribute five kilograms or more of cocaine and aiding and abetting; Eastern District of Pennsylvania
Sentence: Life imprisonment; 10 years' supervised release (September 7, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Maynard Dennis – Liverpool, NY
Offense: Possession with intent to distribute cocaine base; possession of a firearm by a convicted felon; Northern District of New York
Sentence: 300 months' imprisonment; eight years' supervised release (September 7, 2005)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Bobbie Jo Diers – Romeoville, IL
Offense: Conspiracy to distribute 50 grams or more of cocaine base ("crack"); possession with intent to distribute 50 grams or more of cocaine base ("crack"); Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (April 12, 2010)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· James J. Dino – Upper Tumon, GU
Offense: 1. Possession of methamphetamine with intent to distribute; District of
Guam
2. Supervised release violation (possession with intent to distribute crystal methamphetamine); District of Guam
Sentence: 1. 240 months' imprisonment;10 years’ supervised release (October 19, 2006)
2. 60 months' imprisonment (concurrent) (October 19, 2006)
Commutation Grant: Prison sentence commuted to a term of 193 months’ imprisonment.
· Scottie Ladon Dixon – Atmore, AL
Offense: 1. Conspiracy to possess with intent to distribute crack cocaine; 2. Violation of supervised release (conspiracy to possess with intent to distribute crack cocaine); 1. Southern District of Alabama; 2. Southern District of Alabama
Sentence: 1. Life imprisonment; 2. 33 months' imprisonment (concurent); 1. 10 years' supervised release (1. & 2. May 18, 2010)
Commutation Grant: Prison sentence commuted to a term of 221 months' imprisonment.
· Thomas Duncan – Columbia, TN
Offense: Possession of cocaine base with intent to distribute; possession of a firearm in furtherance of a drug trafficking offense; felon in possession of a firearm; possession of five grams or more of cocaine base with intent to distribute; Eastern District of Tennessee
Sentence: 352 months' imprisonment; eight years' supervised release (September 23, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vincent Duval – Bradenton, FL
Offense: Possession with intent to distribute five grams or more of cocaine base; Middle District of Florida
Sentence: 262 months' imprisonment; eight years' supervised release (October 28, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· William Ennis – El Paso, TX
Offense: Conspiring to possess with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; possession with intent to distribute a controlled substance, to wit: cocaine more than five kilograms; using a communication device to facilitate the commission of a felony; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release; $5,000 fine (July 17, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kenneth Evans – Fort Worth, TX
Offense: Conspiracy; possession with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base and aiding and abetting; use and carry firearm during and in relation to a drug trafficking crime and aiding and abetting; Northern District of Texas
Sentence: Life imprisonment plus 60 months; five years' supervised release (August 20, 1993)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Ronald Evans – Norfolk, VA
Offense: Conspiracy to distribute and possession with intent to distribute cocaine, heroin, and a mixture containing cocaine base; possession with intent to distribute heroin (three counts); possession with intent to distribute cocaine; possession with intent to distribute a mixture or substance containing cocaine base (two counts); Eastern District of Virginia
Sentence: Life imprisonment; five years' supervised release (July 30, 1993); amended to 360 months' imprisonment (March 16, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Ronald Evans – New York, NY
Offense: 1. Possession with intent to distribute in excess of five grams of cocaine
base; District of Maine
2. Supervised release violation (possession with intent to distribute cocaine base); District of Maine
Sentence: 1. 270 months' imprisonment; eight years’ supervised release (August 13, 2003)
2. 12 months' imprisonment (concurrent) (August 13, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· James Oliver Fambro – Decatur, GA
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking offense; Northern District of Florida
Sentence: 300 months' imprisonment; 10 years' supervised release, $500 fine (April 5, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· J. B. Farris, Jr. – Atlanta, GA
Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; possession of a firearm during a drug trafficking crime; Northern District of Georgia
Sentence: 360 months' imprisonment; 10 years' supervised release (January 26, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Corey Ferguson – Bowling Green, KY
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; distribution of cocaine, aiding and abetting; Western District of Kentucky
Sentence: 300 months' imprisonment; eight years' supervised release (May 5, 2008)
Commutation Grant: Prison sentence commuted to a term of 202 months' imprisonment.
· Alejandro Flores – Mission, TX
Offense: Conspiracy to possess with intent to distribute cocaine; possession with intent to distribute cocaine; traveling in interstate commerce to facilitate a criminal activity; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (November 10, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Raul Camargo Flores – Lubbock, TX
Offense: Possession with intent to distribute more than 50 grams of methamphetamine and aiding and abetting; Northern District of Texas
Sentence: 292 months' imprisonment; 10 years' supervised release (February 7, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Felix Monroe Fort – Birmingham, AL
Offense: Conspiracy to possess with the intent to distribute cocaine; possession with the intent to distribute cocaine; Northern District of Alabama
Sentence: 360 months' imprisonment; four years' supervised release (November 18, 1998)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Raymond Fox – New York, NY
Offense: Conspiracy to distribute and possess with intent to distribute cocaine and cocaine base; distribution and possession with intent to distribute cocaine and cocaine base; Southern District of New York
Sentence: 240 months' imprisonment; 10 years' supervised release (August 2, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Charles Franklin – St. Louis, MO
Offense: Possession with intent to distribute over 50 grams of cocaine base (crack); possession with the intent to distribute heroin; possession with intent to distribute cocaine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (July 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Cleveland R. Franklin, Jr. – Indianapolis, IN
Offense: Possession with intent to distribute 50 grams or more of a substance containing cocaine base; carrying a firearm during a drug trafficking crime; Southern District of Indiana
Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (November 17, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Michael L. Franklin – Kansas City, MO
Offense: Possession with intent to distribute cocaine base; Western District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (January 3, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Toddrick Onterio Franklin – St. Petersburg, FL
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; being a previously convicted felon in possession of a firearm in and affecting interstate commerce; Middle District of Florida
Sentence: 300 months' imprisonment; 120 months' supervised release (March 21, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· William Anthony Freeman – Detroit, MI
Offense: Conspiracy to distribute cocaine; Eastern District of Michigan
Sentence: 480 months' imprisonment; five years' supervised release (December 14, 1990)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Thomas R. Fuller – Kansas City, MO
Offense: Conspiracy to distribute crack cocaine; aiding and abetting to distribute crack cocaine; possession with intent to distribute crack cocaine; possession of a firearm in relation to a drug trafficking crime; felon in possession of a firearm; Western District of Missouri
Sentence: 300 months' imprisonment; 10 years' supervised release (August 7, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John Nicholas Gargano – Folcroft, PA
Offense: 1. Conspiracy to distribute methylenedioxymethamphetamine and
ketamine; distributing and possessing with intent to distribute
methamphetamine; distributing and possessing with intent to distribute ecstasy; Southern District of New York
2. Conspiracy to commit identification fraud and credit card fraud; unauthorized use of access devices; Southern District of New York
3. Conspiracy to distribute and possess with intent to distribute more than 1.5 kilograms of methamphetamine; District of New Jersey
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (November 30, 2004)
2. 10 years' imprisonment (concurrent); three years’ supervised release; $212,379.38 restitution (November 30, 2004)
3. 100 months' imprisonment (concurrent); five years' supervised release (September 8, 2010)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Enrique Garza – Zolfo Springs, FL
Offense: Conspiracy to possess with intent to distribute methamphetamine; possess with intent to distribute methamphetamine; attempt to possess with intent to distribute methamphetamine; Middle District of Florida
Sentence: 480 months' imprisonment; 10 years' supervised release (July 17, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jesse James Gentry – Grand Prairie, TX
Offense: Possession of more than 50 grams of crack cocaine with intent to distribute; Northern District of Texas
Sentence: 262 months' imprisonment; five years' supervised release (February 3, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Bernard Gibson, Sr. – Temple Hills, MD
Offense: Conspiracy to possess with intent to distribute controlled drug substances: heroin and cocaine; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (April 15, 1996)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Steve P. Gillespie – Greeneville, TN
Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Tennessee
Sentence: 262 months' imprisonment; eight years' supervised release (August 16, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Derrick Glass – Youngstown, OH
Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; felon in possession of a firearm; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (March 14, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Fred M. Glover – Washington, DC
Offense: Unlawful distribution of five grams or more of cocaine base; unlawful distribution of a controlled substance within 1,000 feet of a school (three counts); unlawful distribution of 50 grams or more of cocaine base (two counts); District of Columbia
Sentence: Life imprisonment; 10 years' supervised release (October 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Will A. Goines, Jr. – Chicago, IL
Offense: Distribution of cocaine base ("crack") (three counts); Central District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release (June 14, 2010)
Commutation Grant: Prison sentence commuted to a term of 120 months’ imprisonment.
· Michael Goldsby – Cleveland, OH
Offense: Possession with intent to distribute 5.88 grams of cocaine base; Northern District of Ohio
Sentence: 383 months' imprisonment; eight years' supervised release (November 19, 1997); amended to 360 months' imprisonment (August 31, 2000)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ramon Gonzalez – San Juan, TX
Offense: Conspiracy to possess, with intent to distribute 4506.65, kilograms of marijuana; possession with intent to distribute 4506.65 kilograms of marijuana; Southern District of Texas
Sentence: Life imprisonment; life term supervised release (January 20, 2009)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Edgar Gonzalez-Valentin – Mayagüez, PR
Offense: Conspiracy to import cocaine, aiding and abetting; importation of cocaine; possession with intent to distribute cocaine; possession of firearm in relation to drug trafficking crime (two counts); District of Puerto Rico
Sentence: 595 months' imprisonment; five years' supervised release (July 10, 1992); amended to 511 months' imprisonment (August 19, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Christopher Green – Waycross, GA
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine hydrochloride and crack cocaine; possession with intent to distribute crack cocaine (two counts); Southern District of Georgia
Sentence: Life imprisonment (December 23, 1997)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Randy P. Green – Sikeston, MO
Offense: Conspiracy to distribute methamphetamine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (November 7, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Samuel Grooms – Clinton Township, MI
Offense: Conspiracy with intent to distribute heroin; attempted possession with intent to distribute heroin; Eastern District of Michigan
Sentence: Life imprisonment; 10 years' supervised release (May 23, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Steven C. Hall – Gonzales, LA
Offense: 1. Conspiracy to possess with intent to distribute cocaine base; distribution
of cocaine base; Middle District of Louisiana
2. Supervised release violation (conspiracy to possess with intent to distribute cocaine base; distribution of cocaine base); Middle District of Louisiana
Sentence: 1. 240 months' imprisonment; 10 years’ supervised release (April 22, 2005)
2. 45 months' imprisonment (consecutive) (February 16, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Stephen Ramont Hardridge – Tulsa, OK
Offense: Conspiracy to possess with intent to distribute five kilograms or more of a mixture containing a detectable amount of cocaine and 50 grams or more of a mixture containing a detectable amount of cocaine base; Northern District of Oklahoma
Sentence: 292 months' imprisonment; 10 years' supervised release; $10,000 fine (November 25, 2002 (on remand)); amended to 240 months' imprisonment (June 10, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $10,000 fine remitted.
· Steven R. Hardy – Tampa, FL
Offense: Conspiracy to possess with intent to distribute, and to distribute, more than 5 kilograms of cocaine and more than 50 grams of cocaine base; possession with intent to distribute and distribution of more than 50 grams of cocaine base; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 14, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Donella Marie Harriel – Stuart, FL
Offense: Conspiracy to possess with intent to distribute and to distribute 50 grams or more of cocaine base; District of South Carolina
Sentence: 264 months' imprisonment; 10 years' supervised release (March 17, 2004)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment and 10-year term of supervised release commuted to a four-year term of supervised release.
· Benjamin Harris – Dallas, TX
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribution of 50 grams or more of cocaine base; possession with intent to distribute MDMA, cocaine and 50 grams or more of cocaine base; possession of a firearm by a convicted felon; possession of a firearm during and in relation to a drug trafficking crime; Middle District of Louisiana
Sentence: 226 months' imprisonment; five years' supervised release (February 23, 2007)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Christopher J. Heath – Ridgway, IL
Offense: Conspiracy to manufacture more than 500 grams of a mixture and substance containing methamphetamine; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $500 fine (February 24, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Wilson Henderson – Hollywood, FL
Offense: Possession with intent to distribute cocaine base (incorrectly listed on the judgment as cocaine); use of a firearm during a drug trafficking crime; Southern District of Georgia
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 20, 1992)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John A. Hill – Cleveland, OH
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute marijuana; felon in possession of a firearm; Northern District of Ohio
Sentence: Life imprisonment (July 16, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Robert Hill – Washington, DC
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base (three counts); Eastern District of Virginia
Sentence: 480 months' imprisonment; 10 years' supervised release (September 20, 2004)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Marcell Hogans – St. Louis, MO
Offense: Distribution of cocaine base; Eastern District of Missouri
Sentence: 168 months' imprisonment; three years' supervised release (August 21, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Kenneth Bronson Hughes – Charlotte Court House, VA
Offense: Conspiracy to distribute more than 50 grams of cocaine base; possess with intent to distribute more than 50 grams of cocaine base; Western District of Virginia
Sentence: 334 months’ imprisonment; five years’ supervised release (September 3, 2003); amended to 272 months’ imprisonment (September 2, 2008); amended to 218 months’ imprisonment (March 4, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Deangelo Hunt – Richmond, VA
Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Eastern District of Virginia
Sentence: 180 months' imprisonment; five years' supervised release (February 1, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Courtney D. Hurt – Tamms, IL
Offense: Possession with intent to distribute five grams or more of a mixture and substance containing cocaine base; Southern District of Illinois
Sentence: 360 months' imprisonment; eight years' supervised release; $1,000 fine (July 25, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of $1,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Alfonzo Ingram – Rowlett, TX
Offense: Conspiracy to possess with intent to distribute cocaine; Northern District of Illinois
Sentence: 300 months' imprisonment; five years' supervised release; $1,000 fine (June 16, 2004)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Anthonial Irick – Cameron, SC
Offense: Possession with intent to distribute over five kilograms of cocaine; possession of a firearm during a drug trafficking crime; Middle District of Georgia
Sentence: 180 months' imprisonment; five years' supervised release (May 18, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Albert Jackson – Mount Vernon, IL
Offense: 1. Conspiracy to distribute cocaine; distribution of cocaine; 2. Conspiracy to distribute cocaine; possession with intent to distribute more than 500 grams of cocaine; Central District of Illinois
Sentence: 1. 262 months' imprisonment; 2. 480 months' imprisonment (consecutive); 1. 10 years' supervised release; 2. eight years' supervised release (1. August 19, 1991; 2. November 7, 1994)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dickey Joe Jackson – Boyd, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; possession with intent to distribute methamphetamine (two counts); felon in possession of a firearm; possession of an unregistered firearm (two counts); Northern District of Texas
Sentence: Life imprisonment; five years' supervised release (May 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Elmer Jackson – Bushnell, FL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (four counts); Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (December 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 360 months' imprisonment.
· Eugene Ernst Jackson – Baltimore, MD
Offense: Conspiracy to distribute and possess with intent to distribute narcotics; distribution and possession with narcotics, aiding and abetting; District of Maryland
Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Tommy Merrel Jackson – Boyd, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; Northern District of Texas
Sentence: Life imprisonment; five years' supervised release (May 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tyrand James – Youngstown, OH
Offense: Distribution of cocaine (two counts); distribution of cocaine base; Northern District of Ohio
Sentence: 240 months' imprisonment; 10 years' supervised release (March 16, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Bernard Jennings – Vero Beach, FL
Offense: Conspiracy to distribute cocaine base; distribution of cocaine base (three counts); Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 12, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Douglas George Jensen – Whitefish, MT
Offense: Possession with intent to distribute methamphetamine; District of Montana
Sentence: Life imprisonment; 10 years' supervised release (February 24, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Derrick Anthony Johnson – Richmond, VA
Offense: Conspiracy to distribute cocaine base; as principle or aider and abettor, possessed with intent to distribute cocaine base; Western District of Virginia
Sentence: 360 months' imprisonment; 10 years' supervised release (January 17, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Frederico Johnson – Kansas City, MO
Offense: Distribution of five grams or more of cocaine base; Western District of Missouri
Sentence: 262 months' imprisonment; eight years' supervised release (July 23, 2007)
Commutation Grant: Prison sentence commuted to a term of 188 months’ imprisonment.
· Matthew Troy Johnson – Baltimore, MD
Offense: Possession with intent to distribute cocaine and cocaine base, aiding and abetting; District of Maryland
Sentence: 262 months' imprisonment; three years' supervised release (November 12, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Walter Lee Johnson – Shreveport, LA
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine hydrochloride; conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Western District of Louisiana
Sentence: Life imprisonment; 10 years' supervised release (September 14, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Arnold Ray Jones – Lubbock, TX
Offense: Distribution of less than 50 grams of cocaine base and aiding and abetting; Northern District of Texas
Sentence: 235 months' imprisonment; four years' supervised release (November 22, 2002)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jeffrey Lynn Jones – Eugene, OR
Offense: Manufacturing methamphetamine; conspiracy to manufacture methamphetamine; District of Oregon
Sentence: 262 months' imprisonment; five years' supervised release (November 3, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vernon Jones – Evansville, IN
Offense: Possession with intent to distribute in excess of 50 grams of cocaine base (mixture); distribution of cocaine base (mixture) (two counts); Southern District of Indiana
Sentence: 360 months' imprisonment; five years' supervised release (June 9, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Albert J. Josey, Jr. – Sayreville, NJ
Offense: Possession of 50 grams or more of cocaine base with intent to distribute; Western District of Virginia
Sentence: 262 months' imprisonment; five years' supervised release; $1,000 fine (October 3, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $1,000 fine remitted.
· Keldren Joshua – Los Angeles, CA
Offense: Conspiracy to possess with intent to distribute a controlled substance; Central District of California
Sentence: 188 months' imprisonment; five years' supervised release (August 21, 2006); amended to 168 months' imprisonment (November 10, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Cory Baker Kamerud – Aberdeen, SD
Offense: Conspiracy to distribute methamphetamine; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (May 7, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Charceil Kellam – Berryville, VA
Offense: Conspiracy to distribute 50 grams or more of cocaine base; distribute 50 grams or more of cocaine base; distribution of cocaine base; distribute more than 5 grams of cocaine base; Western District of Virginia
Sentence: Life imprisonment; 10 years' supervised release (August 24, 2007)
Commutation Grant: Prison sentence commuted to a term of 160 months' imprisonment.
· Kenneth Lee Kelley – Westville, OK
Offense: Felon in possession of firearm after former conviction (two counts); possession of stolen firearm; attempt to manufacture methamphetamine (three counts); possession with intent to deliver methamphetamine; possession with intent to deliver methamphetamine; possession with intent to distribute methamphetamine; possession of methamphetamine; possesssion of a firearm in furtherance of a drug trafficking crime; Eastern District of Oklahoma
Sentence: 360 months' imprisonment; eight years' supervised release (April 27, 2004)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Milton Kemp – Jewell, GA
Offense: Conspiracy to possess with intent to distribute and to distribute crack cocaine; distribution of crack cocaine; Southern District of Georgia
Sentence: 280 months' imprisonment; 10 years' supervised release (April 19, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Joseph Willie Kennedy – Randallstown, MD
Offense: Conspiracy to distribute and possess with intent to distribute a mixture or substance containing a detectable amount of cocaine, aiding and abetting; District of Maryland
Sentence: Life imprisonment (December 14, 1992)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Delinege King – Houston, TX
Offense: Possession with intent to distribute more than 50 grams of cocaine base; Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (November 27, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vince Cordell King – Detroit, MI
Offense: Possession with intent to distribute cocaine base (two counts); using or carrying of a firearm during and in relation to a drug trafficking crime; felon in possession of a firearm; Eastern District of Michigan
Sentence: Life plus five years' imprisonment; eight years' supervised release (May 21, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kent Edward Kiser – Manassas, VA
Offense: Conspiracy to possess with intent to distribute 500 grams or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia
Sentence: 270 months' imprisonment; eight years' supervised release (March 10, 2006)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· James LaRon Knight – Jonesboro, GA
Offense: Conspiracy to possess with intent to distribute cocaine; Southern District of Alabama
Sentence: 292 months' imprisonment; five years' supervised release (November 23, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derrick Tyrone Lamb – Fort Pierce, FL
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute five grams or more of cocaine base; Southern District of Florida
Sentence: 235 months' imprisonment; five years' supervised release (March 3, 2008)
Commutation Grant: Prison sentence commuted to a term of 151 months' imprisonment.
· Charlie Lawuary – Springfield, IL
Offense: Possession of controlled substance with intent to distribute; Central District of Illinois
Sentence: Life imprisonment; eight years' supervised release (July 27, 1998)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Josephine Ledezma – Rialto, CA
Offense: Conspiracy to possess with the intent to distribute a Schedule II controlled substance (cocaine); being aided and abetted by others, did unlawfully, knowingly, and intentionally possess and cause to be possessed, with intent to distribute, a Schedule II controlled substance (cocaine); Western District of Tennessee
Sentence: Life imprisonment (October 30, 1992)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· James Allen Ledford – Auburndale, FL
Offense: Possession with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (January 16, 2004)
Commutation Grant: Prison sentence commuted to a term of 235 months' imprisonment.
· Eric L. Lemon – St. Petersburg, FL
Offense: Conspiracy to distribute 50 grams or more of cocaine base; Middle District of Florida
Sentence: 188 months' imprisonment; 10 years' supervised release (June 6, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Gregory Allen Liningham – Los Angeles, CA
Offense: Possession of more than 50 grams of "crack" cocaine with intent to distribute; Western District of Texas
Sentence: Life imprisonment; 10 years' supervised release; $3,000 fine (December 1, 1993)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Antonio Lopez – Grand Prairie, TX
Offense: Conspiracy to possess with intent to distribute methamphetamine; Eastern District of Texas
Sentence: 360 months' imprisonment; five years' supervised release (October 26, 2000)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Jeffrey Lundin – Livingston, TX
Offense: Conspiracy to import cocaine into the United States; conspiracy to distribute cocaine; possession with intent to distribute cocaine while aboard a United States vessel; Southern District of Florida
Sentence: 324 months' imprisonment; five years' supervised release (September 15, 1998)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Edwin M. Mack – Fort Myers, FL
Offense: Conspiracy to possess with intent to distribute a quantity of cocaine base, "crack cocaine"; distribution of a quantity of cocaine base, "crack cocaine" (two counts); possession with intent to distribute 50 grams or more of cocaine base, "crack cocaine"; possession of a firearm by a convicted felon; possession of an unregistered firearm (incorrectly listed on the judgment as possession of a firearm by a convicted felon); Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (November 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alonzo Mackins, Jr. – Charlotte, NC
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine, cocaine base, heroin, and marijuana; conspiracy to commit money laundering; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (October 8, 1999); amended to 360 months’ imprisonment; three years’ supervised release (August 14, 2006); amended to life imprisonment (September 2, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alberto Maisonet – Philadelphia, PA
Offense: Distribution of cocaine base (two counts); distribution of cocaine (two counts); possession with intent to distribute cocaine; illegal use of a communication facility (four counts); Eastern District of Pennsylvania
Sentence: 262 months' imprisonment; eight years' supervised release (February 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sheldon Paul Mangiapane – Hot Springs, AR
Offense: Possession with intent to distribute 50 grams or more of methamphetamine; Eastern District of Missouri
Sentence: 240 months' imprisonment; 10 years' supervised release (September 13, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tommy M. Martinez – Sparta, IL
Offense: Conspiracy to distribute crack cocaine; distribution of crack cocaine; Southern District of Illinois
Sentence: Life imprisonment; five years' supervised release; $4,000 fine (April 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $4,000 fine remitted.
· Robert L. Matthews – Memphis, TN
Offense: 1. Distribution of cocaine base; possession with intent to distribute cocaine
base; Northern District of Mississippi
2. Supervised release violation (possession with intent to distribute cocaine base); Western District of Tennessee
Sentence: 1. 280 months' imprisonment; eight years’ supervised release (June 13, 1997)
2. 15 months' imprisonment (consecutive) (September 30, 1998)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· James A. McGee – Chidester, AR
Offense: Conspiracy to manufacture methamphetamine; possession of chemicals with intent to manufacture methamphetamine (three counts); Southern District of Florida
Sentence: Life imprisonment; five years' supervised release (April 4, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Artis Sangria McGraw – Saluda, SC
Offense: Possession with intent to distribute crack cocaine; use of fiream during and in relation to a crime of violence; felon in possession of a firearm; possession of a firearm with obliterated serial numbers; District of South Carolina
Sentence: 270 months' imprisonment; five years' supervised release (September 30, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Reba L. McIntyre – Hayti, MO
Offense: Possession with intent to distribute five grams or more of cocaine base; Eastern District of Missouri
Sentence: 262 months' imprisonment; eight years' supervised release (June 26, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Torey A. McKay – Wesley Chapel, FL
Offense: Possession with intent to distribute and distribute five grams or more of cocaine base (two counts); possession with intent to distribute and distribute 50 grams or more of cocaine base; possession with intent to distribute and distribute a quantity of cocaine; Middle District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (March 29, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Rudolph McKinnon, Jr. – Fort Walton Beach, FL
Offense: Conspiracy to distribute and possess with intent to distribute 50 grams or more of a mixture and substance containing cocaine base; possession with intent to distribute five grams or more of a mixture and substance containing cocaine; possession of a firearm in furtherance of a drug trafficking crime; Northern District of Florida
Sentence: 300 months' imprisonment; 10 years' supervised release; $1,000 fine (October 26, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John Anthony Mickens – Louisa, VA
Offense: Conspiracy to distribute cocaine base; possession of a firearm during and in relation to a drug trafficking offense; Western District of Virginia
Sentence: 211 months' imprisonment; five years' supervised release (June 25, 2007); amended to 181 months’ imprisonment (October 21, 2008); amended to 180 months’ imprisonment (October 14, 2011)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· David Dean Millard – Grimes, IA
Offense: Conspiracy to distribute methamphetamine; use of communication facility to distribute methamphetamine (two counts); Southern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (October 10, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Titus Jerrard Mobley – Groveland, FL
Offense: Conspiracy to possess with intent to distribute cocaine base; Middle District of Florida
Sentence: 210 months' imprisonment; five years' supervised release (June 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Tyrone Montgomery – Lexington, KY
Offense: Possession with intent to distribute cocaine base; possession with intent to distribute cocaine and cocaine base; Western District of Kentucky
Sentence: 288 months' imprisonment; 10 years' supervised release (June 27, 2008)
Commutation Grant: Prison sentence commuted to a term of 209 months' imprisonment.
· Ronald Perry Moon – Commerce, GA
Offense: Possession with intent to distribute crack cocaine; possession with intent to distribute cocaine; possession with intent to distribute methamphetamine; Northern District of Georgia
Sentence: Life imprisonment; 10 years' supervised release; $2,000 fine (February 10, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of $2,000 fine remitted.
· Martin Brandon Moore – Fort Lauderdale, FL
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of a mixture and substance containing cocaine base and more than 5 kilograms of a mixture and substance containing cocaine; principal to possession with intent to distribute cocaine and more than 50 grams of a mixture and substance containing cocaine base; Northern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (May 30, 2007)
Commutation Grant: Prison sentence commuted to a term of 180 months' imprisonment.
· Michael L. Moore – Mount Vernon, NY
Offense: Conspiracy to possess with intent to distribute and distribute five kilograms or more of cocaine; distribution of 500 grams or more of cocaine; distribution of five kilograms or more of cocaine; Eastern District of Virginia
Sentence: 360 months' imprisonment; five years' supervised release (June 5, 1998); amended to 292 months' imprisonment (October 27, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Amir Morgan – Evansville, IN
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine (mixture); Southern District of Indiana
Sentence: 240 months' imprisonment; 10 years' supervised release (December 19, 2007)
Commutation Grant: Prison sentence commuted to expire on July 1, 2017.
· Lucille Mae Morse – Billings, MT
Offense: Distribution/possession with intent to distribute heroin/methamphetamine (two counts); possession with intent to distribute methamphetamine (six counts); District of Montana
Sentence: 240 months' imprisonment; 10 years' supervised release (November 29, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Luciano Murga – Houston, TX
Offense: Conspiracy to distribute and possess with intent to distribute 1,000 kilograms or more of marijuana; Northern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release; $800 fine (January 25, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Robert Earl Nettles – Fort Pierce, FL
Offense: Possession with intent to distribute 50 grams or more of cocaine base; felon in possession of a firearm; Southern District of Florida
Sentence: 262 months' imprisonment; five years' supervised release (January 22, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Linton C. Nichols – Cleveland, OH
Offense: Possession with intent to distribute more than 50 grams of cocaine base (crack); possession of a firearm by a convicted felon; Nothern District of Ohio
Sentence: Life imprisonment; 10 years' supervised release (January 15, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Robert Lee Nickles – Mobile, AL
Offense: Conspiracy to possess with intent to distribute crack cocaine; Southern District of Alabama
Sentence: 240 months' imprisonment; 10 years' supervised release (August 27, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Hilario Nieto, III – San Antonio, TX
Offense: 1. Possession with intent to distribute heroin; Western District of Texas
2. Distribution of a controlled substance, heroin; Western District of Texas
Sentence: 1. 188 months’ imprisonment; five years’ supervised release (Feburary 5, 2004)
2. 188 months’ imprisonment (60 months’ consecutive to above offense, the remainder concurrent); three years' supervised release (August 9, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Francisco Olivera – Modesto, CA
Offense: 1. Use of a communication facility in the commission of a drug offense;
Eastern District of California
2. Conspiracy to manufacture and to possess methamphetamine with intent to distribute; attempted manufacture of methamphetamine, aiding and abetting; possession of a listed chemical knowing that it will be used to manufacture methamphetamine, aiding and abetting; Eastern District of California
Sentence: 1. 48 months' imprisonment; 12 months’ supervised release (March 16, 1998)
2. 324 months' imprisonment (consecutive); 36 months' supervised release (November 3, 2000)
Commutation Grant: Prison sentence commuted to a term of 288 months' imprisonment.
· Kenyatta O'Neil – San Antonio, TX
Offense: Distribution of cocaine base (two counts); Western District of Texas
Sentence: 188 months' imprisonment; five years' supervised release (March 30, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Candido Ortiz-Martinez – Pagedale, MO
Offense: Conspiracy to distribute and possess with intent to distribute cocaine; possession of firearm during the commission of a drug trafficking crime (two counts); distribution of cocaine; Eastern District of Missouri
Sentence: 592 months' imprisonment; five years' supervised release (December 12, 1991); amended to 535 months' imprisonment (March 30, 2015)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Lonnie Dwayne Payne – St. Louis, MO
Offense: Conspiracy to possess with intent to distribute cocaine; interstate transportation of a firearm by a felon; Eastern District of Missouri
Sentence: 324 months' imprisonment; 10 years' supervised release (September 25, 2003); amended to 240 months' imprisonment (April 21, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jeremy Payton – Winnfield , LA
Offense: Conspiracy to distribute 50 grams or more of cocaine base; Western District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (January 8, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Erenio C. Perez – Colorado Springs, CO
Offense: Conspiracy and possession with intent to distribute more than one kilogram of a mixture and substance containing a detectable amount of methamphetamine and aiding and abetting the manufacture in excess of one kilogram of methamphetamine; possession and aiding and abetting the possession of ephedrine with intent to manufacture methamphetamine (two counts); possession and aiding and abetting possession with intent to distribute more than 100 grams of a mixture or substance containing methamphetamine; possession of a firearm by a convicted felon (two counts); District of Colorado
Sentence: Life imprisonment; 10 years' supervised release (April 19, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Sharon Price – Nacogdoches, TX
Offense: Conspiracy to commit money laundering; Western District of Texas
Sentence: 235 months' imprisonment; three years' supervised release; $20,000 fine (June 6, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and unpaid balance of the $20,000 fine remitted.
· Thomas Jefferson Price, III – Kernersville, NC
Offense: Conspiracy: possess with intent to distribute and distribute methamphetamine; possess with intent to distribute methamphetamine (three counts); Middle District of North Carolina
Sentence: 330 months' imprisonment; five years' supervised release (May 24, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jack Dewhan Randolph – Charlotte, NC
Offense: Possession of a firearm during and in relation to a drug trafficking crime and aiding and abetting the same (two counts); Western District of North Carolina
Sentence: 360 months' imprisonment; three years' supervised release (November 29, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Evans Ray, Jr. – Fort Washington, MD
Offense: Distribution of cocaine and crack cocaine, aiding and abetting; felon in possession of a firearm and ammunition, aiding and abetting; District of Maryland
Sentence: 324 months' imprisonment; 10 years' supervised release (May 7, 2007); amended to life imprisonment (May 15, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Keith Ray – Minneapolis, MN
Offense: Conspiracy to possess with intent to distribute crack cocaine; Northern District of Illinois
Sentence: 263 months' imprisonment; five years' supervised release; $2,500 fine (April 17, 2003)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Richard D. Reid – Wilmington, DE
Offense: Felon in possession of a firearm and ammunition (five counts); possession of a firearm in furtherance of a drug trafficking offense; possession with intent to distribute more than 50 grams of a cocaine base (crack); possession with the intent to distribute cocaine; possession of crack cocaine; possession of marijuana; District of Delaware
Sentence: 300 months' imprisonment; 10 years' supervised release (September 4, 2007)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ricardo Renteria – Irving, TX
Offense: 1. Conspiracy to distribute at least five kilograms of cocaine; Western
District of Texas
2. Conspiracy to possess with intent to manufacture and distribute methamphetamine; Eastern District of Texas
Sentence: 1. 235 months' imprisonment; five years’ supervised release; $1,000 fine (August 22, 2007); amended to 188 months’ imprisonment (August 24, 2015)
2. 135 months' imprisonment; five years' supervised release (October 8, 2008); amended to 108 months' imprisonment (November 13, 2015)
Commutation Grant: Prison sentence commuted to a term of 188 months' imprisonment.
· Richard L. Reser – Sedgwick, KS
Offense: Possession with intent to distribute methamphetamine; possession of firearm while trafficking in drugs (two counts); possession of a firearm by a felon; distribution of methamphetamine; conspiracy to distribute methamphetamine; District of Kansas
Sentence: 480 months' imprisonment; eight years' supervised release (December 20, 1989)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Samuel Reyes – Coral Springs, FL
Offense: Conspiracy to possess with intent to distribute detectable amount of cocaine; Southern District of Florida
Sentence: 210 months' imprisonment; five years' supervised release (November 24, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Broderick Richardson – Louisville, KY
Offense: Possession with intent to distribute 50 grams or more of cocaine base; possession with intent to distribute cocaine; Western District of Kentucky
Sentence: 240 months' imprisonment; 10 years' supervised release (September 27, 2005)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· William C. Robertson, Sr. – New Orleans, LA
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession with intent to distribute cocaine; Northern District of Florida
Sentence: 240 months' imprisonment; 10 years' supervised release; $1,000 fine (November 8, 2001)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derwlyn Rosborough – Lake View Terrace, CA
Offense: Possession with intent to distribute cocaine; District of Wyoming
Sentence: 240 months' imprisonment; five years' supervised release, $2,000 fine (December 5, 2002)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Thomas R. Ross – Fairfield, CA
Offense: Conspiracy to manufacture methamphetamine; conspiracy to distribute pseudoephedrine with knowledge or reasonable cause to believe that it would be used to manufacture a controlled substance; distribution of pseudoephedrine with knowledge or reasonable cause to believe it would be used to manufacture a controlled substance and aiding and abetting; Eastern District of California
Sentence: 240 months' imprisonment; five years' supervised release (April 26, 2001)
Commutation Grant: Prison sentence commuted to expire on September 2, 2016.
· Jerome Rowser – Birmingham, AL
Offense: Possession with intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of cocaine base; possession of a firearm in furtherance of a drug trafficking crime; felon in possession of firearms; Northern District of Alabama
Sentence: Life plus 60 months’ imprisonment; 10 years' supervised release (August 19, 2004)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Alphonso P. Rubalcava – Rock Island, IL
Offense: Conspiracy to distribute controlled substances; Central District of Illinois
Sentence: Life imprisonment; 10 years' supervised release (July 19, 2002); amended to 327 months' imprisonment (June 22, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Breon Montez Sanders – Wilmington, NC
Offense: Conspiracy to distribute and possess with intent to distribute more than 50 grams of cocaine base (crack) and five kilograms of cocaine; Eastern District of North Carolina
Sentence: 295 months' imprisonment; five years' supervised release (August 17, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Michael Sandmeyer – Rockford, IA
Offense: Possession with intent to distribute 500 grams or more of methamphetamine (mixture) after having previously been convicted of a felony drug offense; felon in possession of a firearm; Northern District of Iowa
Sentence: 240 months' imprisonment; 10 years' supervised release (January 22, 2003)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kelvin Jerome Shears, Jr. – Rock Island, IL
Offense: Possession with intent to distribute cocaine base; Southern District of Iowa
Sentence: 235 months' imprisonment; eight years' supervised release (April 23, 2007)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Andrew Simmons, III – Lake Charles, LA
Offense: Possess with intent to distribute cocaine base; possession of a firearm in furtherance of a drug trafficking crime; Western District of Louisiana
Sentence: 300 months' imprisonment; 10 years' supervised release (September 14, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Martin Ruiz Singh – Marshalltown, IA
Offense: Conspiracy to distribute methamphetamine; distribution of methamphetamine (three counts); felon in possession of a firearm ; Southern District of Iowa
Sentence: Life imprisonment; 10 years' supervised release (July 12, 2006)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Kenneth H. Smith – Nashville, TN
Offense: Possession with intent to distribute cocaine base (crack cocaine); convicted felon in possession of firearms; false written statement to licensed firearm dealer; Middle District of Tennessee
Sentence: 240 months' imprisonment; 10 years' supervised release (January 29, 2001)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Kenneth Junior Smith – Brooklyn, NY
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; possession with intent to distribute and distribution of cocaine base, aid and abet (three counts); felon in possession of a firearm; District of South Carolina
Sentence: Life imprisonment; 10 years' supervised release (June 14, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Noriel K. Snider – St. Louis, MO
Offense: Possession with intent to distribute cocaine base; Eastern District of Missouri
Sentence: 196 months' imprisonment; four years' supervised release (June 8, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Martin Souza – Chicago, IL
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine; Northern District of Ohio
Sentence: Life imprisonment (December 15, 1999)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Christopher Stanton – Pensacola, FL
Offense: Possession of firearm by a convicted felon; possession with intent to distribute five grams or more of cocaine base; Northern District of Florida
Sentence: 360 months' imprisonment; eight years' supervised release (July 25, 2006)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Sandy Steen, Jr. – San Antonio, TX
Offense: Possession with intent to distribute a quantity of cocaine base; Western District of Texas
Sentence: Life imprisonment (December 3, 1993)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Cedric DeWayne Stephens – Waco, TX
Offense: Conspiracy to possess with intent to distribute at least 1,000 kilograms of marijuana; conspiracy to commit money laundering; Western District of Texas
Sentence: 120 months' imprisonment; five years' supervised release; $2,000 fine; $2,000,000 forefeiture (July 15, 2011)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and obligation and payment of forfeiture remitted.
· Terry Storeby – Waverly, FL
Offense: Conspiracy to distribute and possess with intent to distribute 500 grams or more of methamphetamine; Middle District of Florida
Sentence: Life imprisonment; 10 years' supervised release (January 29, 2003)
Commutation Grant: Prison sentence commuted to a term of 300 months' imprisonment.
· Minnie Pearl Thomas – Allentown, GA
Offense: Conspiracy to possess with intent to distribute cocaine and cocaine base; distribution of cocaine; Middle District of Georgia
Sentence: Life imprisonment; 10 years' supervised release (July 20, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Vincent Thomas – Gonzales, LA
Offense: Violations of the Federal Controlled Substances Act (two counts); Eastern District of Louisiana
Sentence: 240 months' imprisonment; 10 years' supervised release (March 26, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Derrick Anthony Timmons – Herndon, VA
Offense: Conspiracy to possess with intent to distribute five kilograms or more of cocaine; possession of a firearm in furtherance of drug trafficking; Eastern District of Virginia
Sentence: 300 months' imprisonment; 10 years' supervised release (September 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· John L. Tolliver – Holly, MI
Offense: Conspiracy to possess with intent to distribute 50 grams or more of cocaine base; Southern District of Illinois
Sentence: 240 months' imprisonment; 10 years' supervised release; $250 fine (June 23, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016, and 10-year term of supervised release commuted to five-year term of supervised release.
· Terrence Upshaw – Yonkers, NY
Offense: Conspiracy to possess with intent to distribute and distribution of cocaine base; distribution of cocaine base; Northern District of New York
Sentence: Life imprisonment (December 29, 1998)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· Ronald Wade – Daytona Beach, FL
Offense: Conspiracy to possess with intent to distribute cocaine base and cocaine hydrochloride; Middle District of Florida
Sentence: Life imprisonment; five years' supervised release; $25,000 fine (April 5, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, and unpaid balance of the $25,000 fine remitted, conditioned upon enrollment in residential drug treatment.
· Jimmy L. Walden, Jr. – Morristown, TN
Offense: Possession with the intent to distribute five grams or more of cocaine base; possession with the intent to distribute 50 grams or more of cocaine base; possession with the intent to distribute a quantity of cocaine; possession with the intent to distribute a quantity of marijuana; Eastern District of Tennessee
Sentence: Life imprisonment (May 19, 2008)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Rodney Edward Wall – Rockingham, NC
Offense: Conspiracy to possess with intent to distribute and distribute cocaine and cocaine base within 1,000 feet of a protected area; possession with intent to distribute cocaine base; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (July 7, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Clarence Ward – Hollywood, FL
Offense: Possession with intent to distribute cocaine base (four counts); felon in possession of a firearm; Southern District of Florida
Sentence: Life imprisonment; 10 years' supervised release (December 20, 2004)
Commutation Grant: Prison sentence commuted to a term of 262 months' imprisonment.
· Richard Douglas Warrick – Englewood, NJ
Offense: Drug conspiracy: controlled substance, sell, distribute or dispense mixture of cocaine base; controlled substance, sell, distribute or dispense mixture cocaine base (two counts); Northern District of Alabama
Sentence: 360 months' imprisonment; five years' supervised release; $500 fine (January 10, 1996)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Jamel Washington – Austin, TX
Offense: Possession of a controlled substance with intent to distribute; felon in possession of a firearm; Western District of Texas
Sentence: 262 months' imprisonment; eight years' supervised release (December 1, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Dennis Merrimon Waters – Hendersonville, NC
Offense: Conspiracy to possess with intent to distribute cocaine base and cocaine; Western District of North Carolina
Sentence: Life imprisonment; 10 years' supervised release (October 1, 2002)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment.
· Dennis L. Webb – Washington, DC
Offense: Unlawful distribution of five grams or more of cocaine base (two counts); unlawful distribution of 50 grams or more of cocaine base (incorrectly listed on the judgment as cocaine); unlawful possession with intent to distribute cocaine base; District of Columbia
Sentence: 360 months' imprisonment; 10 years' supervised release (August 13, 1999)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Billy Whitehead – North Little Rock, AR
Offense: Conspiracy to distribute cocaine base; aiding and abetting the distribution of less than five grams of cocaine base (two counts); distribution of more than five grams of cocaine base (two counts); aiding and abetting the distribution of more than five grams of cocaine base (two counts); Eastern District of Arkansas
Sentence: 240 months' imprisonment; 10 years' supervised release (April 21, 2000)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Patricia Widener – Glade Spring, VA
Offense: Conspiracy to manufacture 500 grams or more of methamphetamine; Western District of Virginia
Sentence: 240 months' imprisonment; 10 years' supervised release; $10,950 restitution (November 13, 2006)
Commutation Grant: Prison sentence commuted to a term of 151 months’ imprisonment, and unpaid balance of restitution obligation remitted.
· Ralph K. Williams – Baltimore, MD
Offense: Conspiracy to distribute cocaine; District of Maryland
Sentence: 360 months' imprisonment; five years' supervised release; $6 million forfeiture (February 25, 2005)
Commutation Grant: Prison sentence commuted to a term of 240 months' imprisonment and obligation and payment of forfeiture remitted.
· Byron Willis – Knoxville, TN
Offense: Distribution of 500 grams or more of cocaine hydrochloride; Eastern District of Tennessee
Sentence: 240 months' imprisonment; eight years' supervised release (March 7, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Damion M. Wilson – Caruthersville, MO
Offense: Distribution of five grams or more of a substance containing a detectable amount of cocaine base; Eastern District of Missouri
Sentence: 188 months' imprisonment; five years' supervised release (March 19, 2008)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· David Dejuan Wise – Montgomery, AL
Offense: Conspiracy to distribute and possess with intent to distribute cocaine hydrochloride; possession with intent to distribute cocaine hydrochloride and aiding and abetting; possession of cocaine base; Middle District of Alabama
Sentence: 240 months' imprisonment; eight years' supervised release (July 13, 2005)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
· Karen Denise Witherspoon – Lenoir, NC
Offense: Conspiracy to possess with intent to distribute a quantity of cocaine and cocaine base; Western District of North Carolina
Sentence: 324 months' imprisonment; five years' supervised release (September 10, 2007); amended to 262 months' imprisonment (November 19, 2015)
Commutation Grant: Prison sentence commuted to expire on August 3, 2018, conditioned upon enrollment in residential drug treatment.
· Ervin Darnell Worthy – Akron, OH
Offense: 1. Felon in possession of a firearm; possession of a firearm with an altered serial number; Northern District of Ohio
2. Conspiracy to possess with the intent to distribute cocaine; Northern District of Ohio
Sentence: 1. Life imprisonment (February 7, 1996)
2. Life imprisonment (February 7, 1996)
Commutation Grant: Prison sentence commuted to expire on August 3, 2017.
· James Wright – Baltimore, MD
Offense: Conspiracy to distribute and possess with intent to distribute cocaine base; possession with intent to distribute cocaine base and aiding and abetting; District of Maryland
Sentence: 240 months' imprisonment; five years' supervised release (May 4, 2006)
Commutation Grant: Prison sentence commuted to expire on December 1, 2016.
January 2016: Human Trafficking Awareness and Prevention Month EventsRead the Press Release
In December 2015, President Barack Obama proclaimed January 2016 as “National Slavery and Human Trafficking Prevention Month,” and called to rededicate ourselves to assisting victims of human trafficking and to combating it in all its forms.
In January 2016, the Governor of Guam and the Governor of the Commonwealth of the Northern Mariana Islands (CNMI) proclaimed the month of January as “National Slavery and Human Trafficking Prevention Month,” and the CNMI Senate presented a legislative resolution -- all calling for the protection of human rights and encouraging our community to be vigilant, and compassionate to victims and their families.
The Guam HTTF and NMI HTIC organized and held events during National Slavery and Human Trafficking Prevention Month: a proclamation signing in Guam and Saipan, NMI; a community wave by Skinner Plaza in Hagatna, the capital of Guam; and a human trafficking awareness workshop for employees at the Guam Department of Public Health and Social Services; and outreaches held at high schools in Saipan, NMI.
In March 2016, U.S. Attorney Alicia Limtiaco and members of the Guam Human Trafficking Task Force (HTTF) and the NMI Human Trafficking Intervention Coalition (HTIC) attended the 13th Hawaii International Summit: Preventing Assessing & Treating Trauma Across the Lifespan, where U.S. Attorney Limtiaco was a speaker and facilitator at the Human Trafficking Track Pre-Summit 2016 Pacific Train the Trainer Course. The goal of the course was to support the creation of a network of professionals in the Pacific region working to build peace within our communities. This course will be used to establish a Pacific Speakers Bureau for a range of justice, human rights and other topics relevant to Pacific Island peoples.
In April 2016, U.S. Attorney Limtiaco was invited to American Samoa to participate in a series of meetings with the American Samoa Human Trafficking Task Force, Samoa Victim Support Group (SVSG), American Samoa Pacific Women Indigenous Network (PacWIN), American Samoa Attorney General’s Office, American Samoa Department of Homeland Security, American Samoa Department of Health and Human Services, American Samoa Domestic Violence Shelter, and American Samoa Legal Services. She also conducted trainings with the American Samoa Attorney General’s Office, the American Samoa Legal Services, and the principals of the American Samoa School System.
In May 2016, U.S. Attorney Limtiaco was a keynote speaker at the 2016 kNOw MORE Conference, Celebrating Diversity in Micronesia: Empowering and Developing Communities Together, held at the Westin Hotel in Tumon, Guam.
U.S. Attorney Limtiaco spoke on the topic of “Preventing Human Trafficking in the Pacific Region,” and shared information on the Pacific Regional Response to Combat Human Trafficking initiative, which is a collaborative effort among the U.S. Attorney’s Office for the Districts of Guam and the NMI, the U.S. Department of State, Office to Monitor and Combat Trafficking in Persons, U.S. Department of the Interior, Office of Insular Affairs, the U.S. Department of Labor, the Guam HTTF, the NMI HTIC, and other community partners. U.S. Attorney Limtiaco also discussed the intersection and relationship between human trafficking, sexual assault, child abuse and domestic and family violence, and prevention and enforcement efforts in the Pacific region.
The U.S. Attorney’s Office in collaboration with federal and local partners, Guam HTTF and NMI HTIC, continue to work collaboratively on the Pacific Regional Response to Combat Human Trafficking initiative. The Pacific Regional Response to Combat Human Trafficking initiative employs a multidisciplinary model, including participation, coordination, and collaboration among law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders. The response calls for the establishment and provision of victim services, investigation and prosecution of human trafficking, training opportunities, community outreach/ public awareness and prevention programs, and creation of human trafficking task forces and coalitions in the Pacific region island communities. Providing fundamental training in human trafficking, including victimization, investigation and prosecution, prevention efforts, and other related topics, to law enforcement; prosecution; victim service providers; social services; medical, mental and public health professionals; faith based organizations; educational institutions; Consulates; and other community stakeholders, in our Pacific region island communities, is critical to effective prevention and enforcement efforts in the region.
The Guam HTTF and the CNMI HTIC, and other community partners, continue to respond to the needs of human trafficking victims and their families, and to hold offenders accountable.
Photos taken at the various events.
Acting Governor of Guam, Raymond Tenorio, taken at the Proclamation Signing held at the Government House CNMI Human Trafficking Intervention Coalition members at the Governor’s Office for the Proclamation Signing in Saipan, NMI U.S. Attorney Alicia Limtiaco and First Assistant Shawn Anderson at the Human Trafficking Awareness and Prevention Wave in Guam Human Trafficking Awareness and Prevention Wave in Guam U.S. Attorney Alicia Limtiaco was invited to train nurses and staff at the Guam Department of Public Health and Social Services U.S. Attorney Alicia Limtiaco at the 2016 kNOw MORE Conference: Celebrating Diversity in Micronesia: Empowering and Developing Communities Together U.S. Attorney Limtiaco meeting with members of the American Samoa Pacific Women Indigenous Network (PacWIN) U.S. Attorney Limtiaco meeting with staff from the American Samoa Attorney General’s Office U.S. Attorney Alicia Limtiaco meeting with Director Fainu’ulelei Ala’ilima-Utu and his staff from the American Samoa Legal Services, in American Samoa U.S. Attorney Alicia Limtiaco meeting with Suzanna Tiapula, Distinguished Fellow at IVAT and Utuali’i luniasolua Tului Savusa, Director, Department of Homeland Security and Chair of the Human Trafficking Task Force, in American SamoaFederal Court Permanently Bars Maryland Tax Preparer from Preparing Federal Tax ReturnsRead the Press Release
The U.S. District Court for the District of Maryland has permanently barred Lateisha Kone aka Vanessa Dickens of Baltimore, Maryland, from preparing federal tax returns for others, the Justice Department announced today.
The civil injunction order prohibits Kone from acting as a federal tax return preparer and from owning, operating, or profiting from a tax-return preparation business. Kone agreed to the entry of the injunction but did not admit the allegations in the civil complaint against her.
According to the complaint, Kone owned and operated six Liberty Tax Service franchise stores in Baltimore. Kone and her employees allegedly prepared federal income tax returns that, among other things, contained bogus Schedules C (Profit or Loss from Business) and intentionally omitted Form W-2 (Wage and Tax Statement) income and Social Security Income. These fraudulent returns improperly generated federal income tax refunds and tax credits, such as the Earned Income Tax Credit, for Kone’s clients, according to the complaint.
The government alleges that Kone and her employees filed 1,222 returns that reported fictitious household help income (HSH Income). Many of the returns allegedly reported substantially the same amount of HSH income, which generated fraudulent Earned Income Tax Credits and federal tax refunds. Kone then kept each refund as a preparation fee while the customers only received a $50 cash payment as part of the Liberty Tax “Cash-In-A-Flash” promotion, according to the complaint.
Return preparer fraud is one of the Internal Revenue Service’s (IRS) Dirty Dozen Tax Scams for 2016. The IRS has some tips on its website for choosing a tax preparer and has launched a free directory of federal tax preparers. In the past decade, the Justice Department’s Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers and tax scheme promoters. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found on this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Deputy Attorney General Sally Q. Yates Statement on the President's Recent Clemency DecisionRead the Press Release
Deputy Attorney General Sally Q. Yates released the following statement following President Obama’s commutation of 214 sentences today:
"Today's historic announcement is yet another step in the administration's efforts to restore proportionality to unnecessarily long drug sentences. In just the first eight months of 2016, the President has more than doubled the number of commutations granted in all of 2015. But we are not done yet, and we expect that many more men and women will be given a second chance through the Clemency Initiative."
U.S. Attorney Stanton to Participate in National Night Out 2016Read the Press Release
Memphis, TN – U.S. Attorney Edward L. Stanton III will join law enforcement and community leaders on Tuesday, August 2nd as part of the annual National Night Out crime and drug prevention event.
"National Night Out is a perfect opportunity for citizens to stand in solidarity with their neighbors, community stakeholders and law enforcement officials," said U.S. Attorney Stanton. "Collaborative events like this help restore and strengthen community trust with law enforcement as we work together to make our neighborhoods safer places to live, work and worship."
National Night Out is designed to: heighten crime and drug prevention awareness; generate support for and participation in local anticrime efforts; strengthen neighborhood spirit and police-community partnerships; and send a message to criminals letting them know neighborhoods are organized and fighting back.
National Night Out organizers are expecting over 16,000 communities and 38 million people nationwide to take part in community events today.
Pascua Yaqui Tribe Announces Deployment of Tribal Access Program to Improve Exchange of National Crime InformationRead the Press Release
Today, the Department of Justice and the Pascua Yaqui Tribe announced the tribe has officially begun to access and exchange critical law enforcement data with national crime information databases, a step forward in joint federal-tribal efforts to strengthen community safety, solve crimes, protect law enforcement and provide efficient services to local governments, such as pre-employment background checks.
The Pascua Yaqui Tribe, located near Tucson, Arizona, is one of 9 tribes to participate in the initial User Feedback Phase of the Department of Justice’s Tribal Access Program for National Crime Information (TAP), a program to provide federally recognized tribes the ability to access and exchange data with national crime information databases for both civil and criminal purposes.
“With this initiative, tribal law enforcement agencies within our District will have the same access to critical information as our metropolitan agencies,” said U.S. Attorney John S. Leonardo for the District of Arizona.
“The bottom line is that the TAP will close gaps and loopholes in our tribal criminal justice system and help us protect our community and we are thankful for the collaboration with our federal and state partners,” said Pascua Yaqui Tribal Chairman Robert Valencia.
“It is our hope that TAP can minimize the national crime information gap and drive a deeper and more meaningful collaboration between the federal, state, local and tribal criminal justice communities,” said Justice Department Chief Information Officer Joseph F. Klimavicz.
The Pascua Yaqui Tribe currently prosecutes crimes committed by non-Indians in domestic violence cases on the reservation through the exercise of Special Domestic Violence Criminal Jurisdiction (SDVCJ), established most recently by the 2013 Reauthorization of the Violence Against Women Act (VAWA). The exercise of SDVCJ authority has exposed many gaps in justice information access and sharing, for tribes and off-reservation state agencies. TAP will help remedy these gaps.
First, the TAP will allow the tribe to enter tribal orders of protection to the National Criminal Information Center (NCIC), a national electronic database, which will provide off-reservation law enforcement agencies electronic access to enforce these orders of protection if violated off-reservation. Currently, tribal orders of protection are only enforceable off-reservation if the victim has a copy of the order of protection.
The tribe will also be able to enter tribal domestic violence criminal convictions into NCIC. This will provide all law enforcement agencies and licensed firearms dealers, regardless of location, the ability to halt a transfer of a firearm to an individual prohibited from possessing firearms, including those prohibited from possessing firearms because of a tribal order of protection. The effect is that prohibited firearm possessors may face prosecution if found in possession of weapons. Ultimately, this could result in the prevention of escalating incidents of crime and violence.
Finally, cases prosecuted under special domestic violence criminal jurisdiction may result in a warrant issued for individuals who flee the reservation boundaries to avoid prosecution in tribal court. TAP will assist in the extradition of these individuals to tribal court to face justice for acts committed on the reservation.
Background on the TAP User Feedback Phase
TAP supports tribes in analyzing their needs for national crime information and helps provide appropriate solutions, including a state-of-the-art biometric/biographic computer workstation with capabilities to process finger and palm prints, take mugshots and submit records to national databases, as well as the ability to access the FBI’s Criminal Justice Information Service (CJIS) systems for criminal and civil purposes through the Department of Justice. TAP also provides specialized training and assistance for participating tribes.
This initial phase, funded by the Office of Justice Programs’ Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering and Tracking (SMART) and supported with technical assistance from the Office of the Chief Information Officer, will focus on assisting tribes that have law enforcement agencies. In the future, the department will seek to address the needs of the remaining tribes and find a long-term solution. The Department of Justice’s commitment to finding permanent and individual solutions to the long-standing problems with inconsistent access for tribes to federal criminal databases remains ongoing and is a top priority for many department components.
“We have worked closely with our tribal partners to develop solutions that will broadly benefit tribal communities,” said Director Tracy Toulou of the Justice Department’s Office of Tribal Justice. “TAP is the result of innovative thinking by people actively listening to tribal concerns and finding ways to deliver technology that ensures public safety through the exchange of critical information.”
The User Feedback Phase grants access to national crime information databases and technical support to the following tribes: the Cherokee Nation in Oklahoma, the Eastern Band of Cherokee Indians of North Carolina, the Keweenaw Bay Indian Community in Michigan, the Pascua Yaqui Tribe of Arizona, the Suquamish Indian Tribe of the Port Madison Reservation in Washington, the Gila River Indian Community of the Gila River Reservation in Arizona, the Tulalip Tribes of Washington, the Confederated Tribes of the Umatilla Indian Reservation in Oregon and the White Mountain Apache Tribe of the Fort Apache Reservation in Arizona.
While in the Tribal Law and Order Act of 2010 Congress required the Attorney General to ensure that tribal officials that meet applicable requirements be permitted access to national crime information databases, the ability of tribes to fully participate in national criminal justice information sharing via state networks has been dependent upon various regulations, statutes and policies of the states in which a tribe’s land is located. Therefore, improving access for tribal law enforcement to federal crime information databases has been a departmental focus for several years. In 2010, the department instituted two pilot projects, one biometric and one biographic, to improve informational access for tribes. The biographic pilot continues to serve more than 20 tribal law enforcement agencies.
For more information on TAP, visit: www.justice.gov/tribal/tribal-access-program-tap.
For more information about the Justice Department’s work on tribal justice and public safety issues, visit: www.justice.gov/tribal.
North Carolina Couple Pleads Guilty to Bank Fraud and Tax Fraud Related to Their Online BusinessRead the Press Release
Defendants Failed to Report More Than $1 Million Earned from Sales Through eBay and Amazon
A Greensboro, North Carolina, couple, who operated an online sales business, pleaded guilty today to bank fraud and tax fraud charges announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney Ripley Rand of the Middle District of North Carolina.
Daniel Balson, 51, pleaded guilty to one count of filing a false tax return for 2010 and one count of making a false statement on a loan application. Renee Balson, 53, pleaded guilty to one count of making a false statement on a loan application.
According to court documents, Daniel Balson owned and operated Southern Sales Online (SSO), an online retail business that sold a variety of merchandise through eBay and Amazon, including scrapbooking and art materials, books, inspirational DVDs, pet supplies and tools. Daniel Balson admitted selling stolen merchandise through SSO. Although SSO earned over $1 million in gross receipts during tax years 2005 through 2011, the Balsons failed to report those gross receipts on their tax returns. The Balsons also failed to report the income from SSO on a bank application for a mortgage loan modification in 2011.
The sentencing hearing has been scheduled for Nov. 3. The Balsons each face a statutory maximum sentence of 30 years in prison for making a false statement on a loan application. Daniel Balson also faces a statutory maximum sentence of three years for filing a false tax return. The Balsons also face substantial monetary penalties and restitution.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Rand commended special agents of the Internal Revenue Service Criminal Investigation, who investigated the case and Assistant Chief Todd A. Ellinwood and Trial Attorney Mara A. Strier of the Tax Division, who are prosecuting the case. Principal Deputy Assistant Attorney General Ciraolo also thanked the U.S. Attorney’s Office of the Middle District of North Carolina for their assistance.
Georgia Tax Return Preparer Pleads Guilty to Refund FraudRead the Press Release
An Atlanta, Georgia, based tax return preparer pleaded guilty today to one count of wire fraud, announced Principal Deputy Assistant Attorney General Caroline D. Ciraolo, head of the Justice Department’s Tax Division and U.S. Attorney John A. Horn for the Northern District of Georgia.
According to court documents, Cheryl Singleton, 29, owned and operated Advanced Tax Services, a tax preparation business with multiple locations throughout the Atlanta area. From 2012 through 2015, Singleton and her employees filed false tax returns that fraudulently inflated clients’ refunds. In addition, Singleton and her employees falsely advised individuals that they could qualify for a $1,000 government stimulus payment. Singleton and others used these individuals’ personal identification information to electronically file false income tax returns in those individuals’ names, without their knowledge or consent. Court documents further allege that Singleton used healthcare financing credit cards held in the names of other individuals to fraudulently obtain payment for cosmetic dental care services.
Sentencing is scheduled for Oct. 12. Singleton faces a statutory maximum sentence of 20 years in prison, a term of supervised release and monetary penalties.
Principal Deputy Assistant Attorney General Ciraolo and U.S. Attorney Horn commended special agents of the Internal Revenue Service Criminal Investigation, who investigated the case and Trial Attorney Melanie Smith of the Tax Division and Assistant U.S. Attorney Samir Kaushal of the Northern District of Georgia, who are prosecuting this case.