District of Rhode Island
Press releases recorded for this federal judicial district.
South Kingstown Man Admits to Robbing Narragansett BankRead the Press Release
PROVIDENCE, RI – William H. Dority, 56, of South Kingstown, pleaded guilty in federal court in Providence today to robbing a Narragansett bank of more than $4,000 in November 2017.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Dority pleaded guilty to one count of bank robbery, announced United States Attorney Stephen G. Dambruch, Narragansett Police Chief Sean Corrigan, and Special Agent in Charge of the FBI Boston Division Harold H. Shaw.
According to information presented to the court, on November 28, 2017, Dority entered a Centerville Bank branch office in Narragansett, handing the teller a note demanding cash. As Dority fled, a panic alarm was sounded and a 911 call from another employee resulted in a rapid response by members of the Narragansett Police Department. An alert Department of Environmental Management K-9 (“Bear”), brought in to assist Narraganset Police in the search for the robber, located Dority hiding in a shed not far from the bank about 30 minutes later.
At the time of Dority’s arrest, police recovered $4,615 from the shed. He has been detained since his arrest.
Dority is scheduled to be sentenced on June 19, 2018. Bank robbery is punishable by statutory penalties of up to 20 years in federal prison followed by up to 3 years supervised release, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.
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Jamaican National Twice Deported Pleads Guilty to Passport Fraud ChargeRead the Press Release
PROVIDENCE, RI – A Jamaican national twice deported from the United States today pleaded guilty in federal court in Providence, RI, to making false statements on a United States passport application.
Appearing in U.S. District Court in Providence, Dwayne L. Facey, 42, of Hampton, GA, admitted to the court that in March 2015 he used the name of a Massachusetts resident on an application filed at a United States Postal Service facility in Pawtucket seeking a United States passport. Facey pleaded guilty to one count of false statement in an application for a passport with the intent to induce or secure the issuance of a passport.
Facey’s guilty plea is announced by United States Attorney Stephen G. Dambruch and William B. Gannon, Special Agent in Charge of the Boston Field Office of the United States Department of State, Diplomatic Security Service.
Facey is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on June 19, 2018. False statement in an application for a passport with the intent to induce of secure the issuance of a passport is punishable by statutory penalties of up to 10 years in prison followed by up to 3 years supervised release, a fine of up to $250,000.
Information regarding the prosecution of Facey has been forwarded to United States Immigration and Custom Enforcement.
The matter, investigated by the United States Department of State Diplomatic Security Service, is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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Eight Charged in "Lie-and-Buy" Firearms SchemesRead the Press Release
PROVIDENCE, RI – A series of ongoing Project Safe Neighborhoods investigations targeting individuals who allegedly provided false information to federally licensed firearms dealers in Rhode Island when purchasing firearms has, to date, resulted in criminal charges against eight individuals.
Investigations led by Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) agents and local law enforcement officers assigned to the Rhode Island ATF Task Force, have identified at least 44 firearms purchased by individuals who allegedly provided false information and/or made false statements on ATF forms they signed and provided to licensed federal firearms dealers in Rhode Island in order to purchase firearms. Many of the firearms were later sold or transferred unlawfully by the purchasers to others.
To date, working collaboratively, Rhode Island federal and state prosecutors have charged five individuals in U.S. District Court by way of federal criminal complaints or indictments and three individuals in Rhode Island state court by way of state criminal complaints.
Law enforcement has been aided in their investigations into these so called “lie-and-buy” cases by the ATF New England Crime Intelligence Center (CGIC). The CGIC affords ATF’s state and local law enforcement partners with access to unique crime gun intelligence and databases that are critical to intelligence driven strategic and operational efforts to combat firearms trafficking and armed violent crime.
United States Attorney Stephen G. Dambruch commented, “Stemming the flow of illegal firearms into our neighborhoods by keeping them out of the hands of those who either purchase them illegally or are prohibited by law from possessing them is a top priority of this office and of our law enforcement partners.”
“When individuals illegally purchase firearms for persons who are prohibited under federal law to possess a firearm, also known as a “straw purchase”, there is a likelihood that firearm could be used in a crime of violence. ATF is committed to vigorously investigating violations of federal firearm laws in order to reduce gun violence and protect our communities,” Said Mickey Leadingham, Special Agent in Charge for the ATF Boston Field Division.
“Through cooperative investigation and prosecution of illegal firearm purchases, we have successfully taken dozens of illegal firearms out of the hands of dangerous criminals, which has undoubtedly saved lives,” said Rhode Island Attorney General Peter F. Kilmartin.
Defendants charged to date:
Molyka Preap, 31, of Providence, RI. It is alleged that in September and October 2017, Preap made false statements on ATF forms she signed and provided to a licensed federal firearms dealer when purchasing a total of three firearms. Preap has been charged by way of a federal criminal complaint with two counts of false statements during purchases of firearms.
Ademola Kayode, Jr., 25, of Warwick, RI. It is alleged that between April and June 2016, Kayode made false statements on ATF forms he signed and provided to a licensed federal firearms dealer when purchasing a total of eight firearms. Kayode is charged by way of a federal indictment with three counts each of false statements during purchases of firearms and possession of a firearm by an unlawful user of a controlled substance, and one count of false statements to a federal agent.
Darien Young, 23, of Providence, RI. It is alleged that during April and May 2017, Young made false statements on ATF forms she signed and provided to a licensed federal firearms dealer when purchasing a total of five firearms. Young is charged by way of a federal indictment with three counts each of false statements during purchases of firearms and possession of a firearm by an unlawful user of a controlled substance, and one count of false statements to a federal agent.
Lucilo Mena, 56, of Cranston, RI. It is alleged that in November 2016, Mena made false statements on ATF forms he signed and provided to a licensed federal firearms dealer when purchasing a firearm. It is alleged that beginning in April 2017, Mena engaged in the business of dealing firearms without a license. According to information presented to the court, it is alleged that the firearm purchased by Mena in Rhode Island in November 2016, which he later sold, was recovered during an investigation into a shooting in Boston in August 2017. Mena is charged by way of a federal indictment with one count each of false statements during the purchase of a firearm and engaging in the business of dealing firearms without a license.
Tarriek Gill, 24, of Cumberland, RI. It is alleged that in November and December 2016, Gill made false statements on ATF forms he signed and provided to a licensed federal firearms dealers when purchasing a total of nine firearms. Young is charged by way of a federal indictment with three counts each of false statements during purchases of firearms and possession of a firearm by an unlawful user of a controlled substance, and one count of engaging in the business of dealing firearms without a license.
Brian Luna, 22, of Providence, RI, and Alex Cuevas-Polanco, 20, Providence, RI. A joint ATF and Providence Police Department investigation determined that Luna purchased 3 firearms from licensed firearms dealers in May 2017. It is alleged that Luna made false statements on ATF forms he signed and provided to the firearms dealers. On June 20, 2017, Luna, who was accompanied by Cuevas-Polanco, purchased five additional firearms. It is alleged that false statements were made on ATF forms he signed and provided to the firearms dealers. Law enforcement later stopped their vehicle and recovered two firearms. A search by law enforcement of Luna’s residence resulted in the recovery of four firearms, including three from that day’s sale, as well as marijuana, crack cocaine and drug paraphernalia. The investigation determined that Cuevas-Polanco allegedly assisted with the trafficking of firearms. Providence Police arrested Luna and Cuevas-Polanco on numerous state firearms and drug charges.
Daniel Carides, 22, of Providence, RI. A joint ATF and Providence Police Department investigation determined that in August 2017, Carides purchased four firearms. Information developed during the investigation determined that Carides allegedly unlawfully transferred at least two firearms. Law enforcement subsequently executed a court authorized search of Carides residence and seized ten firearms and other evidence. On September 12, 2017, Providence Police arrested Carides on numerous state firearms and drug charges.
An indictment and criminal complaint are merely allegations and are not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The ATF Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Rhode Island State Police, and the Rhode Island Department of Corrections.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Defendants charged in U.S. District Court are being prosecuted by Assistant United States Attorneys Milind M. Shah and Ronald R. Gendron. Defendants charges in Rhode Island state court are being prosecuted by Special Assistant Attorneys General Jeffrey Morin and Joseph McBurney.
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Scituate Man Indicted in Alleged Tax Scheme to Thwart IRS Tax CollectionsRead the Press Release
PROVIDENCE – A federal grand jury in Providence returned an indictment today charging a Scituate man with allegedly corruptly endeavoring to impede the internal revenue laws, tax evasion, and perjury, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen G. Dambruch for the District of Rhode Island.
According to the indictment, from 2005 through 2016, Billie Schofield worked for local fishing companies and earned hundreds of thousands of dollars in income. The indictment alleges that Schofield obstructed the Internal Revenue Service’s (IRS) efforts to collect and assess his unpaid taxes by filing false income tax returns, preventing the delivery of IRS levy notices to his employer, and sending bogus checks to the IRS in a fraudulent attempt to pay off an IRS lien placed on his property.
Additionally, the indictment alleges that from 2005 to 2016 Schofield evaded the payment and assessment of his personal tax liabilities by using nominees to hide his personal income, and in February 2018 Schofield gave false testimony before a federal grand jury in response to questions about checks that were drawn on a closed bank account that he submitted to the IRS.
If convicted, Schofield faces a statutory maximum sentence of five years in prison on the tax evasion and perjury charges, as well as three years in prison for obstructing the internal revenue laws. He also faces a period of supervised release, restitution and monetary penalties. An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Dambruch thanked special agents of IRS Criminal Investigation and the U.S. Treasury Inspector General for Tax Administration, who investigated the case, and Assistant U.S. Attorney Sandra Hebert and Tax Division Trial Attorney Christopher O’Donnell, who are prosecuting the case.
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Rhode Island Man Charged in Tax Scheme for Allegedly Thwarting IRS Efforts to Collect Taxes on Hundreds of Thousands of DollarsRead the Press Release
A federal grand jury sitting in Providence returned an indictment today charging a Rhode Island man with corruptly endeavoring to impede the internal revenue laws, tax evasion, and perjury, announced Principal Deputy Assistant Attorney General Richard E. Zuckerman of the Justice Department’s Tax Division and U.S. Attorney Stephen G. Dambruch for the District of Rhode Island.
According to the indictment, from 2005 through 2016, Billie Schofield worked for local fishing companies and earned hundreds of thousands of dollars in income. The indictment alleges that Schofield obstructed the Internal Revenue Service’s (IRS) efforts to collect and assess his unpaid taxes by filing false income tax returns, preventing the delivery of IRS levy notices to his employer, and sending bogus checks to the IRS in a fraudulent attempt to pay off an IRS lien placed on his property.
Additionally, the indictment alleges that from 2005 to 2016 Schofield evaded the payment and assessment of his personal tax liabilities by using nominees to hide his personal income, and in February 2018 Schofield gave false testimony before a federal grand jury in response to questions about checks that were drawn on a closed bank account that he submitted to the IRS.
If convicted, Schofield faces a statutory maximum sentence of five years in prison on the tax evasion and perjury charges, as well as three years in prison for obstructing the internal revenue laws. He also faces a period of supervised release, restitution, and monetary penalties.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Principal Deputy Assistant Attorney General Zuckerman and U.S. Attorney Dambruch thanked special agents of IRS Criminal Investigation and the U.S. Treasury Inspector General for Tax Administration, who investigated the case, and Assistant U.S. Attorney Sandra Hebert and Tax Division Trial Attorney Christopher O’Donnell, who are prosecuting the case.
Additional information about the Tax Division and its enforcement efforts may be found on the division’s website.
Mass. School Employee Admits to Traveling to RI to Engage in Sex with 15-year-oldRead the Press Release
PROVIDENCE – An instructional technology support specialist employed at a Shrewsbury, MA, middle school today admitted in federal court in Providence to travelling to Rhode Island in July 2016 with the intent to engage in illicit sexual activity with a 15-year-old girl.
Alexander Viola, 29, of Shrewsbury, was arrested on July 12, 2016, after he traveled to Cranston, RI, expecting to meet with and engage in illicit sexual conduct with the 15-year-old, with whom he had been communicating on the Internet and via text messages. The person he solicited was actually a Rhode Island State Police trooper assigned to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force.
Viola’s guilty plea to travel with intent to engage in illicit sexual conduct is announced by United States Attorney Stephen G. Dambruch, Superintendent of the Rhode Island State Police Colonel Ann C. Assumpico, and Acting Special Agent in Charge of Homeland Security Investigations for New England Michael S. Shea.
Appearing today before U.S. District Court Chief Judge William E. Smith, Viola admitted that for about 10 days, beginning in early July 2016, he communicated online and via text messages with a person he believed to be a 15-year-old girl. Viola turned the conversations to a sexual nature. On July 12, 2016, after leaving his place of employment and after making a brief stop at his residence, he traveled to Cranston, RI, to a previously agreed upon meeting place, with intent to meet with the 15-year-old girl and to engage in sexual activity. Upon his arrival, Viola was arrested by members of the ICAC Task Force. He was released following an appearance in Rhode Island state court.
Viola pleaded guilty as charged in a federal indictment returned on November 17, 2016. No plea agreement has been filed in this matter. He is scheduled to be sentenced on June 8, 2018. Travel with intent to engage in illicit sexual conduct is punishable by statutory penalties of up to 30 years in federal prison and up to lifetime supervised release.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Doctor Sentenced for Healthcare Fraud, Accepting Kickbacks to Prescribe Highly Addictive Version of FentanylRead the Press Release
PROVIDENCE, RI — Dr. Jerrold N. Rosenberg, 63 of Warren, the operator of a now-defunct pain management practice in Rhode Island, was sentenced today to 51 months in federal prison for committing healthcare fraud and for conspiring to solicit and receive kickbacks in return for prescribing the drug Subsys, a fast-acting, powerful, and highly-addictive version of the opioid drug Fentanyl.
Subsys is manufactured by Arizona based company Insys Therapeutics, Inc. (“Insys”). This under-the-tongue spray was approved by the U.S. Food and Drug Administration in 2012 exclusively for “the management of breakthrough cancer pain in patients who are already receiving and who are already tolerant of opioid therapy for their underlying persistent cancer pain.” As a result, many insurance companies require a diagnosis of breakthrough cancer pain before approving coverage of the drug, which costs approximately $2,000 to over $16,000 for a thirty day supply.
At today’s sentencing hearing, three former patients of Dr. Rosenberg testified about the severe and debilitating effects they experienced from taking Subsys. Some witnesses testified to the doctor’s indifference to their complaints and pleas to be taken off Subsys.
Rosenberg pleaded guilty on October 25, 2017, to healthcare fraud and conspiracy to receive kickbacks. At the time of his guilty plea, Rosenberg admitted to the Court that between 2012 and 2015, he carried out a healthcare fraud scheme in which he made false representations to insurers, both private and government funded, claiming patients met the insurance criteria of having breakthrough cancer pain when he knew that they in fact did not, in order to secure approvals and payment for prescriptions of Subsys. Rosenberg admitted that, in total, the healthcare fraud scheme resulted in losses of over $750,000; in many cases, the cost of the drug was reimbursed, at least in part, by the Medicare program.
Additionally, Rosenberg admitted that, between 2012 and 2015, he conspired with Insys officials to receive kickbacks, in the form of purported speaker fees, from the manufacturer of the spray. Rosenberg admitted that he accepted these payments, which totaled over $188,000. In addition, according to court documents, Rosenberg’s son was a sales representative for Insys Therapeutics from June 2012 – September 2013, and made substantial amounts in commissions as a result of the defendant’s prescribing Subsys to his patients. Rosenberg admitted that the speaking fees he received from Insys were a significant motivating factor in his decision to prescribe Subsys to his patients.
The U.S. Sentencing guideline range of imprisonment in this matter is 51-63 months. The government recommended the court impose a sentence of 63 months incarceration. At sentencing, the Court also ordered Rosenberg to pay restitution in the amount of $754,736.48 to the Medicare program. Rosenberg’s sentence, imposed by U.S. District Court Judge John J. McConnell, Jr., is announced by U.S. Attorney for the District of Rhode Island Stephen G. Dambruch; Phillip Coyne, Special Agent-in-Charge of the Boston Office of Inspector General for the U.S. Department of Health and Human Services (HHS-OIG); and Rhode Island Attorney General Peter F. Kilmartin.
The case was prosecuted by Assistant U.S. Attorneys Lee H. Vilker and Zachary A. Cunha.
The matter was investigated by the United States Attorney’s Office for the District of Rhode Island, the U.S. Department of Health and Human Services Office of Inspector General and the Rhode Island Department of Attorney General’s Medicaid Fraud and Patient Abuse Unit.
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Pawtucket Man Facing 5-40 Years in Prison on Drug Trafficking ChargesRead the Press Release
PROVIDENCE, RI – David Reis, 41, of Pawtucket, is facing a statutory sentence of 5-40 years in federal prison for trafficking significant quantities of crack cocaine and cocaine when he is sentenced in May.
Following a lengthy investigation into Reis’ drug trafficking activities, which included controlled purchases of cocaine from Reis, members of the Pawtucket Police Special Squad executed a court authorized search of Reis’ residence on October 26, 2017. The search resulted in the seizure of 323.67 grams of cocaine, 188.26 grams of crack cocaine, and, among several other items, items used in the packaging and distribution of the drugs and an elaborate indoor/outdoor wireless video security system.
On Tuesday, Reis pleaded guilty to one count each of possession with intent to deliver 28 grams or more of cocaine base and possession with intent to distribute cocaine, announced United States Attorney Stephen G. Dambruch and Pawtucket Police Chief Tina Goncalves.
David Reis is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on May 18, 2017. The maximum statutory sentence for possession with intent to deliver 28 grams or more of cocaine base is 40 years’ imprisonment with a mandatory minimum term of 5 years in federal prison and a term of supervised release of 4 years up to lifetime supervised release. The maximum statutory sentence for possession with intent to deliver cocaine is 20 years’ imprisonment and a term of supervised release of 3 years up to lifetime supervised release.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
United States Attorney Stephen G. Dambruch thanks the Drug Enforcement Administration for their assistance in the prosecution of this matter.
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Providence Man Pleads Guilty to Drug Trafficking, Firearms ChargesRead the Press Release
PROVIDENCE, RI – A Providence man indicted during a year-long joint Project Safe Neighborhoods investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Providence Police, to identify individuals possessing or trafficking firearms in and around the Chad Brown neighborhood of Providence, today pleaded guilty in federal court to firearms and drug trafficking charges.
Lawrence M. Crowell, 32, pleaded guilty as charged in an indictment returned in December 2016 to one count each of possession with intent to distribute marijuana, felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking. Crowell, who has been detained in federal custody since his arraignment on December 19, 2016, is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on May 16, 2018.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Crowell’s guilty plea is announced by United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF; and Providence Police Chief Colonel Hugh T. Clements, Jr.
According to court documents, on November 17, 2016, an individual assisting law enforcement in this Project Safe Neighborhoods investigation purchased $900 worth of marijuana from Crowell. During the transaction, which took place inside Crowell’s Chad Brown neighborhood apartment, Crowell removed a Sig Sauer pistol from his pocket and provided it to the individual for examination. Crowell told the individual that the firearm was “legit” and that he knew another person who had other types of firearms for sale. The firearm was returned to Crowell.
On November 21, 2016, ATF Agents, members of the ATF Task Force and Providence Police executed a court-authorized search of Crowell’s residence. In a bedroom, agents found nearly 363 grams of marijuana and the Sig Saur pistol, which was loaded with 12 rounds of hollow point ammunition and outfitted with a laser sight. In an attic, agents found a Ruger pistol secured by a gunlock, the key to which was found on Crowell’s key chain. The Ruger was loaded with 6 rounds of hollow point ammunition.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Cranston Police Department, Rhode Island State Police, Providence Fire Department and the Rhode Island Department of Corrections.
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Dr. Pepper Executive Pleads Guilty to Fraud, Tax Evasion ChargesRead the Press Release
PROVIDENCE, RI – A national sales executive for Dr. Pepper/Seven Up, Inc., a subsidiary of Dr. Pepper Snapple Group (Dr. Pepper), today pleaded guilty to charges that he submitted more than $1.7 million dollars worth of fraudulent invoices to Dr. Pepper through a promotions and marketing company he formed in his wife’s name.
Appearing in U.S. District Court in Providence, R.I., Michael Lynch, 52, of Newport, R.I., admitted to the Court that in April 2003, he incorporated Seacoast Unlimited Marketing and Promotions, LLC (Seacoast) in his wife’s name, and through Seacoast, from January 2007 until November 29, 2017, submitted to Dr. Pepper more than 200 fraudulent invoices totaling $1,716,949 for services such as promotional signs and banners, delivery of sample products to retail stores and the offering of discount prices to retail stores. None of the services billed to Dr. Pepper through Seacoast and paid for by Dr. Pepper were provided.
Lynch also admitted to the Court that he failed to declare any of the income he derived through Seacoast on the joint federal tax filings he filed with his wife. The tax loss applicable to the defendant’s conduct totals $386,320.
Michael Lynch’s guilty plea to wire fraud and filing a false tax return is announced by United States Attorney Stephen G. Dambruch, Special Agent in Charge of the FBI Boston Division Harold H. Shaw and Joel P. Garland, Special Agent in Charge, Internal Revenue Service Criminal Investigation.
Lynch is scheduled to be sentenced by United States District Court Chief Judge William E. Smith on June 1, 2018. Wire fraud is punishable by statutory penalties of up to 20 years imprisonment and a fine of $250,000. Filing a false tax return is punishable by statutory penalties of up to 3 years imprisonment and a $100,000 fine.
The matter, investigated by the FBI and IRS Criminal Investigation, is being prosecuted by Assistant U.S. Attorney Lee H. Vilker. .
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RI Man Charged in International Telemarketing Scheme Targeting U.S. CitizensRead the Press Release
PROVIDENCE, RI – A Pawtucket, Rhode Island man is among more than 250 defendants from around the globe named in criminal, civil and forfeiture fraud cases brought by federal and state law enforcement against individuals and organizations that allegedly victimized more than a million Americans, most of whom are elderly, it was announced today by Attorney General Jeff Sessions and United States Attorney Stephen G. Dambruch.
Attorney General Jeff Sessions and law enforcement partners announced today the largest coordinated sweep of elder fraud cases in history. The cases involve more than 250 defendants from around the globe who victimized more than a million Americans, most of whom were elderly. The cases include criminal, civil, and forfeiture actions across more than 50 federal districts, including Rhode Island. Of the defendants, 200 were charged criminally. In each case, offenders engaged in financial schemes that targeted or largely affected seniors. In total, the charged elder fraud schemes caused losses of more than half a billion dollars. The Department coordinated its announcement with the FTC and state Attorneys General, who independently filed numerous cases targeting elder frauds within the sweep period.
Attorney General Sessions was joined in the announcement by FBI Acting Deputy Director David Bowdich; Chief Postal Inspector Guy Cottrell; FTC Acting Chairman Maureen Ohlhausen; and Kansas Attorney General and President of the National Association of Attorneys General Derek Schmidt.
“The Justice Department and its partners are taking unprecedented, coordinated action to protect elderly Americans from financial threats, both foreign and domestic,” said Attorney General Sessions. “Today’s actions send a clear message: we will hold perpetrators of elder fraud schemes accountable wherever they are. When criminals steal the hard-earned life savings of older Americans, we will respond with all the tools at the Department’s disposal – criminal prosecutions to punish offenders, civil injunctions to shut the schemes down, and asset forfeiture to take back ill-gotten gains. Today is only the beginning. I have directed Department prosecutors to coordinate with both domestic law enforcement partners and foreign counterparts to stop these criminals from exploiting our seniors.”
The actions charged a variety of fraud schemes, ranging from mass mailing, telemarketing and investment frauds to individual incidences of identity theft and theft by guardians. A number of cases involved transnational criminal organizations that defrauded hundreds of thousands of elderly victims, while others involved a single relative or fiduciary who took advantage of an individual victim. The schemes charged in these cases caused losses to more than a million victims.
In Rhode Island, United States Attorney Stephen G. Dambruch and Raymond D. Moss, Acting Inspector in Charge of the U.S. Postal Inspection Service (USPIS), Boston Division, announced the arrest of Shawn Whitfield, 47, of Pawtucket, on a federal criminal complaint charging him with mail fraud, conspiracy, wire fraud, and international money laundering.
According to court documents filed in Rhode Island, it is alleged that Whitfield participated in a telemarketing lottery scam originating out of Jamaica that targeted United States residents, many of them seniors. It is alleged the scammers led victims to believe that they have won a lottery. However, the cash or prizes they purportedly won would not be released without upfront payment of taxes or fees.
It is alleged that between April 2015 and January 2018, Whitfield collected an estimated $98,100 in payments from at least 47 individuals from 23 states who fell victim to the lottery telemarketing scam. It is alleged that the majority of funds collected by Whitfield were transferred electronically to individuals in Jamaica.
In this particular telemarketing scam, an individual in the United States receives an unsolicited telephone call from an individual in Jamaica claiming to work for a well-known organization, such as Publishers Clearinghouse. The scammer tells the victims that they have won large cash prizes, vacation getaways, vehicles, or other prizes. However, in order to collect their winnings, the individual is instructed to send money to pay for processing fees or taxes on their winnings. The scammer typically assures people that they will receive their prize shortly after the lottery has received their payment.
It is alleged in this matter that at least 47 individuals in 23 states were contacted via telephone and told of their purported winnings. They were instructed to send upfront payments for taxes and fees to Shawn Whitfield at his Pawtucket, R.I., residence. An investigation by the U.S. Postal Inspection Service and the U.S. Attorney’s Office determined that Whitfield collected an estimated $98,100, most of which was later transferred electronically by Whitfield to individuals in Jamaica. Additionally, investigators determined that between January 2016 and May 2017, there were 2,167 successfully completed incoming telephone calls to Whitfield’s cell phone from multiple telephone numbers in Jamaica and 415 successfully completed outgoing telephone calls from Whitfield’s cell phone to multiple telephone numbers in Jamaica.
USPIS agents, assisted by members of the Pawtucket Police Department, Rhode Island State Police and the U.S. Marshals Service, executed a court-authorized search of Whitfield’s residence on Tuesday. Whitfield was arrested simultaneously at his place of employment in Norwood, Mass., by USPIS agents, with the assistance of members of the Norwood Police Department. Whitfield was released on $10,000 unsecured bond and GPS monitoring following his initial appearance in U.S. District Court in Providence before U.S. District Court Magistrate Judge Patricia A. Sullivan.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Shawn Whitfield is being prosecuted by Assistant U.S. Attorney Denise M. Barton, Elder Justice Coordinator for the United States Attorney’s Office for the District of Rhode Island.
Actions against the mass-mailing fraud industry
As part of the initiative, the Department’s Consumer Protection Branch, working with the U.S. Attorney’s Office for the Eastern District of New York and others, brought numerous cases this past week in a coordinated strike against more than 43 mass-mailing fraud operators, including criminal charges against six individuals. In addition, law enforcement agents executed 14 premises search warrants from Las Vegas to south Florida, served numerous asset seizure warrants, and coordinated with the Vancouver Police in Canada, who executed over 20 warrants, including search warrants on business premises.
“The defendants targeted elderly and vulnerable consumers both in the United States and abroad, using U.S. addresses and the U.S. mails to try to legitimize their fraudulent schemes,” said U.S. Attorney for the Eastern District of New York Richard P. Donoghue. “They sold false promises of life-changing prizes that never came true. We will pursue the perpetrators of these mail schemes wherever they are located, and hold them accountable.”
These recently filed cases particularly targeted transnational criminal actors who collectively defrauded at least a million victims out of hundreds of millions of dollars. Indeed, just one of the schemes prosecuted criminally by the Consumer Protection Branch operated from 14 foreign countries to cost American victims more than $30 million. Click here for map showing a transnational, single fraud scheme.
Mass-mailing fraud inflicts hundreds of millions of dollars in losses to elderly U.S. victims each year. Department prosecutors and U.S. Postal Inspectors have taken a comprehensive approach to combatting this fraud, disrupting and prosecuting individuals who manage the schemes, artists who draft the fraudulent solicitations, list brokers who supply victim lists, and individuals who collect victim payments.
Actions against other elder fraud schemes
Prosecutors across the country from the Criminal Division’s Fraud Section, the Consumer Protection Branch and the U.S. Attorney’s Offices have heeded the call to focus resources on elder fraud cases. Over 50 U.S. Attorney’s Offices and Department Components filed elder fraud cases in the last year. Some examples of the elder financial exploitation prosecuted by the Department include:
- “Lottery phone scams,” in which callers convince seniors that a large fee or taxes must be paid before one can receive lottery winnings;
- “Grandparent scams,” which convince seniors that their grandchildren have been arrested and need bail money;
- “Romance scams,” which lull victims to believe that their online paramour needs funds for a U.S. visit or some other purpose;
- “IRS imposter schemes,” which defraud victims by posing as IRS agents and claiming that victims owe back taxes;
- “Guardianship schemes,” which siphon seniors’ financial resources into the bank accounts of deceitful relatives or guardians.
Many of these cases illustrate how an elderly American can lose his or her life savings to a duplicitous relative, guardian, or stranger who gains the victim’s trust. The devastating effects these cases have on victims and their families, both financially and psychologically, make prosecuting elder fraud a key Department priority.
Public Education
The Department has partnered with Senior Corps, a national service program administered by the federal agency the Corporation for National and Community Service, to educate seniors and prevent further victimization. The Senior Corps program engages more than 245,000 older adults in intensive service each year, who in turn, serve more than 840,000 additional seniors, including 332,000 veterans.
Using its vast network operating in more than 30,000 locations, Senior Corps volunteers will communicate about elder fraud to potential victims across the country and will use their skills, knowledge and experience to educate their peers and caregivers about the most prolific types of schemes and how to avoid them.
- If you are a victim or know a victim of elder fraud, you can call 1-877-FTC-HELP or go to ftc.gov/complaint
- For downloadable Elder Abuse Prevention resources and for information about community outreach programs in Rhode Island, visit the United States Attorney’s Office’s Elder Justice Initiative web page at https://www.justice.gov/usao-ri/elder-justice
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Providence Man Admits to Selling Silencer Equipped Machine Gun and Fentanyl Laced HeroinRead the Press Release
PROVIDENCE, RI – A Providence man arrested in April 2017 during a year-long Project Safe Neighborhoods investigation to identify individuals possessing or trafficking firearms in and around the Chad Brown neighborhood of Providence, pleaded guilty today in federal court to possessing and selling an unregistered machine gun equipped with a silencer and selling 240 grams of fentanyl laced heroin to an undercover federal law enforcement agent.
Edward Trinidad, 29, plead guilty as charged in an indictment returned on April 6, 2017, to one count each of possession of an unregistered machine, possession of an unregistered silencer, and transfer of a machine gun; two counts of distribution of heroin and fentanyl; and one count of distribution of 100 grams or more of heroin.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Trinidad’s guilty plea is announced by United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of ATF; and Providence Police Chief Colonel Hugh T. Clements, Jr.
Appearing before U.S. District Court Chief Judge William E. Smith, Trinidad admitted to the Court that on June 3, 2016, he sold an undercover ATF agent an unregistered Koch Model 94 machine gun equipped with a silencer for $2,500. Trinidad also admitted to the Court that on June 24, 2016, he sold the undercover agent 29.61 grams of fentanyl laced heroin for $1,800; on November 9, 2016, he sold the undercover agent 109.42 grams of fentanyl laced heroin for $5,500; and that on March 31, 2017, he sold the agent 101.15 grams of a material containing fentanyl for $5,500.
In spring 2016, the ATF, the Rhode Island ATF Task Force and the Providence Police Department launched a joint Safe Streets Neighborhoods investigation to analyze shell casings retrieved from crime scenes in and around the Chad Brown neighborhood and elsewhere, utilizing ATF’s National Integrated Ballistic Information Network (NIBN). The investigation was expanded to attempt to determine who possessed various firearms used to commit crimes and the origin of those firearms.
NIBN identifies marks left on shell casings unique to a particular firearm. NIBN then assists in linking crime scenes to a firearm.
The investigation, publicly disclosed in April 2017, resulted in the seizure of the machine gun equipped with a silencer, a .45 caliber semi-automatic pistol, a .40 caliber semi-automatic pistol, a .25 caliber semi-automatic pistol, a .22 caliber revolver; a .380 caliber semi-automatic pistol, various types and quantities of ammunition, substantial quantities of heroin, fentanyl, cocaine and crack cocaine, and approximately $21,000 in suspected drug proceeds.
Trinidad, who has been detained in federal custody since his arrest on April 7, 2017, is scheduled to be sentenced on May 11, 2018. Possession of an unregistered machine gun, transfer of a machine gun and possession of an unregistered silence are each punishable by up to 10 years in federal prison followed by up to 3 years supervised release. Distribution of heroin and fentanyl is punishable by up to 20 years in federal prison followed by up to a life term of supervised release with a minimum 3 years. Distribution of 100 grams or more of heroin is punishable by up to 40 years and no less than 5 years of imprisonment followed by a life term of supervised release with a minimum of 5 years.
At sentencing, Trinidad also faces fines of up to $7,270,000.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
The ATF Task Force is comprised of agents and officers from ATF, Providence Police Department, Pawtucket Police Department, Cranston Police Department, Rhode Island State Police, Providence Fire Department and the Rhode Island Department of Corrections.
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Registered Sex Offenders Indicted on Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A federal grand jury today returned indictments charging two registered sex offenders living in Providence with child pornography charges.
The grand jury returned separate indictments charging Robert L. MacGregor, 55, with possession child pornography, and Michael Llorca, 47, with two counts of distribution and one count of possession of child pornography.
The indictments are announced by United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
According to court documents, it is alleged that in October 2017, the National Center for Missing and Exploited Children provided information to the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force that an individual, later identified by the task force as Michael Llorca, allegedly sent sexually explicit text messages and illicit images to a minor female via an online application. Subsequently, a member of the ICAC Task Force observed a computer or other device allegedly using the same IP address sharing files of suspected child pornography on a peer-to-peer file-sharing network.
On January 18, 2018, members of the ICAC Task Force executed a federal court-authorized search of Llorca’s Providence residence and seized seven laptop computers, six smartphones, two Apple iPods and two SD cards. A forensic review of the devices is currently underway.
According to court records, Llorca, who has been detained since his arrest on January 18, is a registered sex offender, having been convicted of rape of a child in Massachusetts in August 1997.
In a separate matter, according to court documents, during a routine home visit on January 24, 2018, a United States Probation Officer allegedly observed inappropriate materials on Robert L. MacGregor’s cell phone. A subsequent forensic examination of the phone by members of the ICAC task force allegedly revealed approximately 100 images of child pornography.
MacGregor, in federal custody since his arrest by HSI agents and members of ICAC task force on February 7, 2018, is a registered sex offender currently serving lifetime federal supervised release, having been convicted of possession and distribution of child pornography in 2011. His most recent arrest occurred less than 5 months after completing an 84 month term of incarceration.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The cases are being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Providence Couple Indicted for Trafficking CocaineRead the Press Release
PROVIDENCE, RI – A Providence couple has been indicted by a federal grand jury on charges they allegedly participated in a conspiracy to smuggle significant quantities of cocaine from the Dominican Republic into Rhode Island. The indictment, returned on February 8, 2017, and unsealed by the Court on February 9, charges Victor Lopez, 42, and Johanna Liranzo, 37, with conspiracy to possess with the intent to distribute over 500 grams of cocaine and possession with the intent to distribute over 500 grams of cocaine.
The indictment is announced by United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service (USPIS), Boston Division; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations (HSI) for New England.
According to court documents, it is alleged that on January 22, 2018, U.S. Customs and Border Protection (CBP) officers conducting enforcement examinations of U.S. mail shipped from the Dominican Republic through the JFK International Airport Mail Facility discovered a heavily taped express mail parcel addressed to a residence in Providence, R.I. Inside the package, CBP officers discovered two metal cylinders. Agents drilled holes in the cylinders and found them to be tightly packed with a white powdery substance, which tested positive for cocaine.
On January 29, 2018, law enforcement agents and officers from the U.S. Postal Service and the Rhode Island State Police High Intensity Drug Trafficking Area (HIDTA) Task Force established surveillance of the Providence address to which the package was addressed for delivery. They also began surveilling a vehicle seen repeatedly driving around the area of the residence, which appeared to be employing counter-surveillance measures. The package was delivered to the residence by a USPIS Inspector, operating in an undercover capacity. It is alleged that the package was accepted by Johanna Liranzo.
About 90 minutes after the package was delivered, and while members of the HIDTA Task Force were executing a court authorized search of the residence, a separate team of HIDTA Task Force members located and stopped the vehicle seen employing counter-surveillance measures in the area of the residence. The driver of the vehicle, Victor Lopez, and a passenger, Johanna Liranzo, were detained pending the investigation. Liranzo was found to be carrying a key to a storage unit located in Pawtucket.
According to court documents, an HSI agent located the storage unit and obtained surveillance video from the storage facility. The video allegedly showed the same vehicle which was seen employing counter-surveillance measures in the area of the residence arriving and departing from the storage unit to which Lopez and Liranzo had keys. A narcotics detection dog gave a positive response to the presence of narcotics at the storage unit. A court authorized search of the storage unit by HIDTA Task Force members and USPIS agents resulted in the seizure of three metal cylinders, two of which were found to have drill holes placed in them by CBP officers in New York. Also seized from inside the storage unit were four compressed cellophane packages containing a total of more than a kilogram of cocaine. Law enforcement also seized personal papers belonging to Lopez and Liranzo.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Victor Lopez has been detained in federal custody since his arrest and initial appearance in U.S. District Court on February 6, on a criminal complaint brought in this matter. He is scheduled to be arraigned on the indictment today. Johanna Liranzo was released on unsecured bond at her arraignment on Friday before U.S. District Court Magistrate Judge Patricia A. Sullivan.
The case is being prosecuted by Assistant U.S. Attorney Zechariah Chaffee.
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Convicted Felon Sentenced to Probation for Possessing a FirearmRead the Press Release
PROVIDENCE, RI – A 33 year-old Providence man previously convicted of drug trafficking and assaulting several police officers was sentenced today to 3 years probation, the first six months to be served in home confinement with electronic monitoring, for being a felon in possession of a firearm.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 27-33 months. The government recommended the court impose a sentence of 27 months in prison.
According to court documents, Kevin Malave has an adult criminal record beginning at the age of 18 involving eight arrests on 15 charges resulting in 12 counts of conviction.
Malave was arrested by Providence Police on May 17, 2017, following a foot pursuit in the area of the Chad Brown housing development, during which time Malave removed a firearm from his waistband and tossed into a bin as he ran up onto the front porch of a residence. After drawing his firearm and ordering Malave to show his hands, the officer arrested Malave and retrieved the firearm.
According to court documents, the Providence Police officer who arrested Malave had responded to a police dispatch of a man with a gun. As the officer approached the area, he saw and drove toward a man fitting the description of the person described in the police broadcast as having a gun. The individual, later identified as Malave, concealed both of his hands in the area of his waistband and began walking in the opposite direction. Malave fled when the officer accelerated his cruiser toward him.
During the foot pursuit, Malave injured his hand while climbing over a fence. A rescue transported Malave to a hospital for treatment. According to court documents, while at the hospital, Malave was overheard by two members of law enforcement telling a nurse, “I want to kill all the East Side (blank). I’m gonna carry a gun ‘till the day I die.”
Malave’s sentence, imposed by U.S. District Court Judge John J. McConnell, Jr., is announced by United States Attorney Stephen G. Dambruch and Colonel Hugh T. Clements, Jr.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
Malave, who had been free on unsecured bond, pleaded guilty on November 17, 2017, to felon in possession of a firearm.
The case was prosecuted by Assistant U.S. Attorney Gerard B. Sullivan, with the assistance of Assistant U.S. Attorney John P. McAdams.
United States Attorney Stephen G. Dambruch thanks the Bureau of Alcohol, Tobacco, Firearms and Explosives for their assistance in the prosecution of this case.
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Registered Sex Offender Detained on Child Pornography ChargeRead the Press Release
PROVIDENCE, RI – A registered sex offender serving lifetime federal supervised release, having been convicted of possession and distribution of child pornography in 2011, and sentenced to 84 months in federal prison followed by lifetime supervised release, was ordered detained in federal custody today, less than 5 months after completing his term of incarceration on a criminal complaint charging him with possession child pornography.
Robert L. MacGregor, 55, of Providence, was arrested by Homeland Security Investigations (HSI) agents and members of the Rhode Island State Police Internet Crimes Against Children ( RI ICAC) task force earlier today, following an investigation that determined that MacGregor was allegedly in possession of approximately 100 images of child pornography.
According to court documents, during a routine home visit on January 24, 2018, a United States Probation Officer allegedly observed inappropriate materials on MacGregor’s cell phone. A subsequent forensic examination of the phone by members of the RI ICAC task force allegedly revealed approximately 100 images of child pornography.
MacGregor’s arrest and detention are announced by United States Attorney Stephen G. Dambruch; Michael S. Shea, Acting Special Agent in Charge of HSI for New England; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
Possession of child pornography in this matter (2nd offense) is punishable by statutory penalties of a mandatory minimum of 10 years in prison, with a maximum penalty of 20 years of incarceration; lifetime supervised release; and a fine of up to $250,000.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
MacGregor was ordered detained by U.S. District Court Magistrate Judge Lincoln D. Almond.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
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Town of Richmond Addresses ADA Compliance at Public MeetingsRead the Press Release
PROVIDENCE, RI – The Town of Richmond has undertaken steps to voluntarily address concerns regarding compliance with the American Disabilities Act by providing effective communications for individuals who are hard of hearing at public meetings, and by establishing policies and procedures for accommodation requests.
In August 2017, in response to a complaint, the U.S. Attorney’s Office opened an investigation into the Town of Richmond and identified concerns regarding policies and procedures for requests for reasonable accommodations and effective communication. Once it became aware of the concerns, the Town of Richmond cooperated with the U.S. Attorney’s Office to develop a public notice to address policies and procedures for individuals with disabilities. The policy, adopted by the Town Council, is posted on the Town’s website and at all Town facilities. Additionally, the Town has installed a sound system with microphones and amplifiers that is now used at all public meetings.
The matter was handled by Assistant U.S. Attorney Amy R. Romero in conjunction with the Department of Justice’s Civil Rights Division.
The U.S. Attorney’s Office for the District of Rhode Island is committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about architectural barriers to access under the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY). Information about filing a complaint, including instructions for filing a complaint online, can be found at www.ada.gov/filing_complaint.htm..
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Dominican National Sentenced for Trafficking Fentanyl Facing DeportationRead the Press Release
PROVIDENCE, RI – A Dominican national convicted in U.S. District Court in Providence of trafficking nearly 2,000 grams of fentanyl faces deportation proceedings, having been sentenced on Tuesday to time served, 24 months in federal prison.
Jose Cordero, 28, formerly of Boston, was arrested by Rhode Island State Police in March 2015 during a traffic stop during which it was discovered that Cordero was operating the vehicle without license. A search of the vehicle revealed a complex wiring system that, when engaged, revealed a “hide” – an electronically powered compartment designed to conceal contraband – containing 1,993.21 grams of fentanyl under the front passenger seat.
Cordero, first charged in Rhode Island state court, was charged by way of federal criminal complaint in October 2015 and a federal indictment in May 2016 with possession with intent to distribute fentanyl. Cordero pleaded guilty on September 12, 2017, as charged in the indictment.
Cordero is presently in the custody of U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removals Operations awaiting deportation proceedings.
Cordero’s sentence is announced by United States Attorney Stephen G. Dambruch and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 70-87 months. The government recommended the court impose a sentence of 70 months in prison.
The case was prosecuted Assistant U.S. Attorney Ronald R. Gendron.
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Veteran Civil Litigator Appointed Civil Division ChiefRead the Press Release
PROVIDENCE, RI – Assistant United States Attorney Zachary A. Cunha, a civil litigator since 2001 and an Assistant United States Attorney since 2005, has been appointed by United States Attorney Stephen G. Dambruch to serve as the Civil Division Chief for the United States Attorney’s Office.
Prior to being named Civil Division Chief, Mr. Cunha served as the Affirmative Civil Enforcement Coordinator in the U.S. Attorney’s Office for the District of Rhode Island. In that capacity, he was responsible for cases in which the United States, as plaintiff, seek to vindicate governmental interests, combat fraud, and recover funds under the Federal False Claims Act.
Prior to joining the Rhode Island office in 2014, Mr. Cunha served as an Assistant U.S. Attorney in the District of Massachusetts for five years. While in the Boston office, he was appointed Chief of that office’s Affirmative Litigation Unit and was responsible for litigating and supervising the investigation of a number of nationally significant health care fraud matters. In 2010, Mr. Cunha was recognized with the Attorney General’s Award for Exceptional Service, the highest honor conferred by the Department of Justice, for his work on the prosecution team in United States v. Pfizer, which resulted in a recovery of $2.3 billion dollars; the largest civil and criminal healthcare fraud recovery made by the United States as of that time.
Mr. Cunha began his career with the Justice Department in the Eastern District of New York, where he served as an Assistant United States Attorney from 2005-2008. Before joining the Department, Mr. Cunha worked as an Assistant Corporation Counsel for the City of New York, representing the City and its officers in federal litigation.
Mr. Cunha received his Bachelor of Arts, with honors, from Brown University in 1998, and his Juris Doctorate, also with honors, from the George Washington University Law School in 2001.
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Coventry Man Pleads Guilty to Federal Firearm ChargeRead the Press Release
PROVIDENCE, RI – Marcus A. Venson, 29, of Coventry, pleaded guilty in federal court in Providence today to being a felon in possession of a firearm. Venson, previously convicted in Rhode Island state court for drug trafficking, was found to be in possession of a loaded firearm at the time of his arrest in May 2017 by Rhode Island State Police following an incident in Newport.
Venson’s guilty plea is announced by United States Attorney Stephen G. Dambruch; Newport Police Chief Gary T. Silva; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
According to information presented to the Court, during the afternoon of May 26, 2017, the Newport Police Department transmitted a broadcast for law enforcement to be on the lookout for Venson who was in possession of a handgun and who was a passenger in taxi, after allegedly brandishing a firearm earlier in the day. The broadcast provided law enforcement with a detailed description of the cab that it was traveling on Route 138 over the Newport Bridge and possibly heading to Coventry.
Shortly after the police broadcast, North Kingston Police contacted the Rhode Island State Police and advised them that one of their officers observed the cab traveling on Route 4 North passing Exit 6. A Rhode Island State Police Trooper observed the cab traveling on Route 4 North and then exit the highway, at which time Rhode Island State Police Troopers conducted a motor vehicle stop.
A Rhode Island State Police trooper approached the rear of the cab and observed a rear seated passenger that fit the description of the suspect sought by the Newport Police Department. The trooper ordered the suspect out of the cab and to lay face down on the ground. The State Police trooper searched the suspect and seized from him a fully loaded, Smith and Wesson .38 caliber revolver.
Venson is scheduled to be sentenced on April 19, 2018, by U.S. District Judge John J. McConnell, Jr. Felon in possession of a firearm is punishable by statutory penalties of up to 10 years in federal prison; 3 years supervised; and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.
The matter was investigated by the Newport Police Department and the Rhode Island State Police, with the assistance of the North Kingstown Police Department, Warwick Police Department and members of the ATF Task Force, including the Special Investigations Unit at the Rhode Island Department of Corrections.
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Providence Felon Detained on Ammunition ChargeRead the Press Release
PROVIDENCE, RI – Eric Valdez, 28, of Providence, was ordered detained in federal custody at his arraignment on Monday in U.S. District Court in Providence on an indictment charging him with being a felon in possession of ammunition.
The indictment, announced United States Attorney Stephen G. Dambruch; Providence Police Chief Colonel Hugh T. Clements, Jr., and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, was brought as a result of a Project Safe Neighborhoods investigation.
Project Safe Neighborhoods is a federal, state and local law enforcement collaboration to identify, investigate and prosecute individuals responsible for violent crimes in our neighborhoods. Project Safe Neighborhoods has been historically successful in bringing together all levels of law enforcement to reduce violent crime and make our neighborhoods safer for everyone.
According to court records, in September 2011, Eric Valdez was convicted in federal court of possession of a stolen firearm, possession of a firearm with an obliterated serial number, and resisting arrest by a federal agent. He was sentenced to 14 months imprisonment, to be followed by 3 years supervised release.
After Valdez was released from prison, in 2013 in Rhode Island state court Valdez was convicted of assault, trafficking cocaine and other offenses. He received an additional 9 months federal sentence for violating the terms of his supervised release.
According to court records and information presented to the courts, in November 2017, Valdez was in a vehicle with two other men where Providence Police located a loaded 9mm handgun. A court authorized search of Valdez’ residence executed simultaneously resulted in the seizure of two bags containing 9mm ammunition and a digital scale containing drug residue. As a result of the Project Safe Neighborhoods investigation, Valdez was arrested on a state charge of trafficking heroin by the Providence Police. He was charged by way of a federal indictment with being a felon in possession of ammunition. Valdez pleaded guilty to a lesser drug possession state charge and was sentence to 3 months to serve at the ACI. Valdez appeared for arraignment in U.S. District Court on Monday on the federal indictment and was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The Bureau of Alcohol, Tobacco, Firearms and Explosives assisted Providence Police in the investigation of the most recent alleged incident resulting in the federal charge brought in this matter.
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Financial Management Consultant Sentenced for Embezzling Medical Firm & Employee Pension FundsRead the Press Release
PROVIDENCE, R.I. – A former office manager of New England Anesthesiologists, Inc., and president of Anesthesia Management Consultants, LLC, was sentenced today to 37 months in federal prison for embezzling more than $700,000 dollars from bank accounts belonging to the medical firm and to an employee 401(k) pension fund. The total amount of restitution to be paid has bot yet been determined.
John M. Hairabet, Jr., 45, pleaded guilty on July 20, 2017, to six counts of wire fraud, one count of pension fund theft and two counts of money laundering. At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Hairabet to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution to the victims in this case, including pensioners whose money was embezzled from the employee 401(k) pension fund. The total amount of restitution to be paid has not yet been determined by the court.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 37- 46 months. The government recommended the court impose a sentence of 37 months imprisonment.
Hairabet’s sentence is announced by United States Attorney Stephen G. Dambruch; Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; Joel P. Garland, Special Agent in Charge, Internal Revenue Service Criminal Investigation; and Carol S. Hamilton, Acting Regional Director, U.S. Department of Labor Employee Benefits Security Administration.
At the time of his guilty plea, Hairabet admitted that between October 2007 and August 12, 2013, in his capacity as an independent contract bookkeeper and office manager of New England Anesthesiologists, and through his management consulting firm, Anesthesia Management Consultants, he embezzled $587,218.36 from bank accounts belonging to New England Anesthesiologists. Hairabet also admitted that he embezzled $120,313 in employee elective deferrals that were to be deposited into an employee 401 (k) pension fund.
The case was prosecuted by Assistant U.S. Attorneys Ronald R. Gendron and Richard W. Rose.
The matter was investigated by IRS Criminal Investigation, the U.S. Secret Service and the U.S. Department of Labor, Employee Benefits Security Administration.
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Businessmen Sentenced for Operating BHO Lab in Warehouse Destroyed by FireRead the Press Release
PROVIDENCE, RI – Two Rhode Island businessmen responsible for running a butane honey oil (BHO) lab inside a Providence warehouse where a massive fire erupted in March 2015, destroying the warehouse and causing more than $1 million dollars in damages, were sentenced on Friday by U.S. District Court Judge John J. McConnell, Jr., to two years probation with community service.
Graeme Marshall, 52, of Cranston, and Christopher White, 51, of Providence, appeared before U.S. District Court Judge John J. McConnell, Jr., in August 2017, for change of plea hearings. White pleaded guilty to endangering human life while manufacturing a controlled substance. Marshall pleaded guilty to money laundering. According to court documents and other evidence presented to the Court, White and Marshall used a portion of the Kinsley Avenue warehouse to operate a butane hash oil manufacturing laboratory. The fire that destroyed the warehouse began inside the room where the lab was located.
BHO labs are highly dangerous facilities used to extract tetrahydrocannabinol (THC), a Schedule I controlled substance found in marijuana plants, through the use of butane.
Over a period of approximately two years, White and Marshall manufactured over 1,000 grams of BHO inside the Kinsley Avenue warehouse, which they sold for between $15 and $30 per gram. In addition to operating the BHO lab, Marshall and White operated a business that sold equipment and supplies for marijuana cultivation.
The U.S. Sentencing Guidelines range of imprisonment in the matter of the United States vs. Christopher White is 41-51 months. The U.S. Sentencing Guidelines range of imprisonment in the matter of the United States vs. Graeme Marshall is 37-46. In each matter, the government recommended a sentence within the U.S. Sentencing guidelines and a fine of $83,472. No fines were imposed.
The matter was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Providence Arson Squad, Providence Police Department, Rhode Island State Police and Rhode Island State Fire Marshal’s Office.
The sentences are announced by United States Attorney Stephen G. Dambruch, Mickey D. Leadingham, Special Agent in Charge of the Boston Field Division of ATF, Providence Public Safety Commissioner Steven M. Pare, and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
The cases were prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Richard B. Myrus.
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North Smithfield Man Detained on Cyberstalking ChargesRead the Press Release
PROVIDENCE, RI – A North Smithfield, R.I., man who recently relocated from Texas to Rhode Island has been ordered detained in federal custody in Rhode Island for allegedly cyberstalking and threatening to harm or kill a former girlfriend, her parents and three prosecutors in Texas.
Howard S. Bishop, 38, arrested by FBI agents on Tuesday, was ordered detained by U.S. District Court Magistrate Lincoln D. Almond yesterday on a two-count criminal complaint charging him with transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person, using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress.
Bishop’s arrest and detention are announced by United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division.
According to court records, in February 2011, a former girlfriend of Bishop obtained a protective order against Bishop in Travis County, TX. In January 2012, Bishop was found guilty of violating the order and received a sentence of two years’ probation.
According to court documents, in September 2017, Bishop returned to Rhode Island where his family resides. In December 2017, a misdemeanor warrant was issued in Travis County for the arrest of Bishop for allegedly violating the protective order.
It is alleged in court documents, beginning in November 2016 and continuing until his arrest in Rhode Island on Tuesday, Bishop sent hundreds of harassing and threatening messages via the Internet to his former girlfriend and her family, and to three Travis County, TX, prosecutors involved in the prosecution of Bishop for violating the protective order. All of the individuals expressed extreme fear for their safety. Prior to Bishop’s arrest, the former girlfriend was in hiding with the assistance of the FBI. The woman’s family hired armed security guards to protect their home. The prosecutors expressed to the FBI that they believed their lives were at risk.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Transmitting in interstate commerce communications containing threats to injure another person, and with harass or intimidate another person using an interactive computer service or electronic communication service, that placed a person in reasonable fear of death or serious bodily injury and caused substantial emotional distress are each punishable by up to 5 years in federal prison, a fine of $250,000 and 3 years supervised release.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
The matter was investigated by the FBI.
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Central Falls Man Sentenced in Stolen Identity, Fraud SchemeRead the Press Release
PROVIDENCE – A Central Falls man who participated in a scheme to use the stolen identity of numerous individuals to open retail store credit cards and lines of credits, which he used to purchase tens of thousands of dollars worth of goods in Rhode Island and Massachusetts, was sentenced today to 48 months in federal prison.
Reynaldo Martinez, 25, pleaded guilty in November 2017 as charged in a superseding indictment returned on August 15, 2017, charging him with four counts of aggravated identity theft, two counts of access fraud, and one count each of bank fraud, conspiracy to commit fraud, attempted access fraud, and interstate transportation of stolen goods.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered Martinez to serve 3 years supervised release upon completion of his term of incarceration and to pay restitution totaling $38,126.62 to businesses he defrauded.
The government and the defense recommended to the court a sentence of 48 months incarceration as stipulated in a plea agreement filed with the Court. The U.S. Sentencing Guideline imprisonment range in this matter is 57-71 months.
Martinez’s sentence is announced by United States Attorney Stephen G. Dambruch and Brian Deck, Resident Agent in Charge of the United States Secret Service.
At the time of his guilty plea, admitted to the Court that beginning as early as March 15, 2017, he used various sources, including internet websites, to obtain personal identification information of individuals, including their Social Security Numbers, dates of birth and addresses, after which he would have false, counterfeit government identifications, manufactured bearing his photograph. Martinez admitted that he used the counterfeit identifications to secure credit to make purchases at various businesses including Sprint Cell Phone locations, Kohl's Department Store, Sak' s Fifth Avenue, Best Buy, Cardi' s Furniture, Raymour and Flanigan Furniture, and Home Depot. Martinez admitted that he used the stolen credit to make between $40,000 and $90,000 dollars in purchases, for which he had no intention of paying.
Martinez has been detained in federal custody since his arrest on May 24, 2017.
The case was prosecuted by Assistant U.S. Attorney William J. Ferland.
United States Attorney Stephen G. Dambruch acknowledges and thanks the Middletown, Warwick, Richmond and Central Falls, R.I., Police Departments; Rhode Island State Police; Mansfield and Seekonk, Mass, Police Departments; West Hartford and Hamden, Conn., Police Departments; and the Richardson, Texas, Police Department for their assistance in gathering and providing information to the United States Attorney’s Office in Rhode Island and the United States Secret Service New England Electronic Crimes Task Force during the course of the investigation.
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RI DOT Addressing ADA Compliance at South County Train StationsRead the Press Release
PROVIDENCE, RI – The Rhode Island Department of Transportation (RIDOT) has undertaken steps voluntarily to address accessibility issues at state owned train stations in Kingston and Westerly to bring them into compliance with the Americans with Disabilities Act (ADA). Updates have been completed at the Kingston train station. Additional updates are required at the Westerly station, which are expected to be made by Amtrak.
In December 2016, at the request of the Department of Justice’s Civil Rights Division, the United States Attorney’s Office in Rhode Island opened an investigation of the Kingston and Westerly train stations to ensure that they are accessible, as required by the ADA.
The investigation by the United States Attorney’s Office determined that the Kingston station’s platform, recently renovated, is ADA compliant. However, the investigation determined that the train station was not ADA compliant, including violations at ticket counters and bathrooms. Updates have been completed by RIDOT and the train station is now ADA compliant.
An inspection of the Westerly train station by the United States Attorney’s Office determined that chairlifts for each tunnel used to obtain platform access were inoperable and one of the parking lots had no accessible parking. RIDOT has completed updates to the parking lot, which has been deemed ADA compliant. Amtrak is expected to make updates to make platform access from the tunnels ADA compliant.
Across the country, the Civil Rights Division sought assistance to ensure that intercity rail stations owned by state or local governmental entities are accessible, as required by the ADA. The request followed the Civil Rights Division’s conclusion that Amtrak is in violation of the ADA and issued a Letter of Findings to Amtrak.
The matter was handled in Rhode Island by Assistant U.S. Attorney Amy R. Romero and investigator David Neill in conjunction with the Department of Justice’s Civil Rights Division.
The U.S. Attorney’s Office for the District of Rhode Island is committed to investigating alleged violations of the Americans with Disabilities Act. Those interested in learning more about architectural barriers to access under the Americans with Disabilities Act may access www.ada.gov, visit the web site of the United States Attorney’s Office for the District of Rhode Island at www.justice.gov/usao-ri/civil-rights-enforcement, or call the Department of Justice’s toll-free information line at (800) 514-0301 or (800) 514-0383 (TTY). Information about filing a complaint, including instructions for filing a complaint online, can be found at www.ada.gov/filing_complaint.htm.
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Registered Sex Offender Held on Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A registered sex offender living in Providence has been ordered detained in federal custody on charges he allegedly possessed and distributed child pornography, and allegedly transferred obscene material to a 14-year-old female.
Michael Llorca, 47, of Providence, was ordered detained on Thursday by U.S. District Court Magistrate Judge Patricia A. Sullivan on a federal criminal complaint charging him with one count each of transfer of obscene material to a minor, possession of child pornography with the intent to view and distribution of child pornography. Llorca was arrested Thursday by members of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force, following a three-month investigation culminating with the execution of a court-authorized search of his residence.
The arrest and detention of Michael Llorca is announced by United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations for New England.
According to court documents, it is alleged that in October 2017, the National Center for Missing and Exploited Children (NCMEC) received information that an individual allegedly had sent sexually explicit text messages and illicit images to a minor female via an application with which users can communicate and share images via text messages. The NCMEC report was reviewed by a member of the ICAC Task Force who determined that the IP address allegedly used to send the text messages and photographs belonged to Michael Llorca.
According to court documents, it is alleged that after members of the ICAC Task Force identified Llorca’s IP address as having allegedly been used to send the sexually explicit text messages and illicit images, a member of the ICAC Task Force allegedly observed a computer or other device using the same IP address to share files of suspected child pornography on a peer-to-peer file-sharing network.
On Thursday, members of the ICAC Task Force executed a federal court-authorized search of Llorca’s Providence residence and seized, among other items, sixteen electronic media storage devices consisting of seven laptop computers, six smartphones, two Apple iPods and two SD cards. Also seized was approximately two grams of heroin.
According to court documents, Llorca is a registered sex offender, having been convicted of rape of a child in Massachusetts in August 1997.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The Rhode Island State Police ICAC Task Force is comprised of members of the Rhode Island State Police Computer Crimes Unit, special agents from Homeland Security Investigations and United States Postal Inspection Services, and detectives from the Warwick, Cranston, Newport, East Providence, Pawtucket, North Kingstown, Portsmouth, Woonsocket, Bristol and Bristol Police Departments.
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Union Officer Pleads Guilty to Embezzlement, Aggravated ID TheftRead the Press Release
PROVIDENCE, RI – A former business manager and financial secretary for the Operative Plasterers and Cement Masons International Association Local 40 in Rhode Island pleaded guilty in federal court in Providence today to charges that he embezzled approximately $319,795 in union funds.
Richard D’Antuono, 42, of Cranston, pleaded guilty to a three-count information charging him with embezzlement from a labor organization, embezzlement from an employee benefit plan, and aggravated identity theft, announced United States Attorney Stephen G. Dambruch and Jonathan Russo, District Director, U.S. Department of Labor, Office of Labor-Management Standards, Boston-Buffalo District Office.
Appearing before U.S. District Court Chief Judge William E. Smith, D’Antuono admitted to the Court that for two years, beginning in 2015, he embezzled approximately $319,795 from a union operational account and from an apprentice fund, an employee benefit plan used to finance training programs for apprentice plasterers and masons and for the retraining or refresher training of journeymen union members.
D’Antuono admitted to the Court that he made checks out to himself substantially in excess of his salary and a stipend to which he was entitled. In some instances, he had the authorized signatories sign blank checks, which he later used to embezzle funds from the operational account. In other instances, he forged the signature of the authorized signatories on checks. D’Antuono admitted that he also embezzled funds from the Apprenticeship Fund by writing checks payable to the Local 40 operation account and then embezzling the funds in the same manner.
D’Antuono was the sole full-time officer of the Operative Plasterers and Cement Masons International Association Local 40.
D’Antuono is scheduled to be sentenced on April 6, 2018. Embezzlement from a labor organization is punishable by statutory penalties of up to 5 years imprisonment, a fine of $10,000 and a term of supervised release of 3 years. Embezzlement from an employee benefit plan is punishable by statutory penalties of up to 5 years imprisonment, a fine of $250,000, and a term of supervised release of 3 years. Aggravated identity theft is punishable by statutory penalties of mandatory term of two years imprisonment in addition to the sentence imposed on counts on the embezzlement charges.
The case is being prosecuted by John P. McAdams.
The matter was investigated by U.S. Department of Labor, Office of Labor-Management Standards with the Office of Inspector General Office of Investigations - Labor Racketeering & Fraud, and the Employee Benefits Security Administration.
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2nd Defendant Sentenced in Heroin, Crack Cocaine, Bank Fraud ConspiracyRead the Press Release
PROVIDENCE – The second of two West Warwick men charged with participating in a heroin, crack cocaine trafficking and bank fraud conspiracy was sentenced on Wednesday to 60 months in federal prison.
Robert Wilkins, 26, pleaded guilty on July 28, 2017, to one count each of conspiracy to deliver heroin, possession with the intent to deliver heroin, conspiracy to deliver 28 grams or more of cocaine base, possession with the intent to deliver cocaine base, possession with the intent to deliver cocaine, three counts of delivery of heroin, fifteen counts of delivery of cocaine base, and one count of bank fraud.
At sentencing, U.S. District Court Chief Judge William E. Smith ordered Wilkins to serve four years supervised release upon completion of his term of incarceration and to pay $2,000 in restitution. The U.S. Sentencing Guideline imprisonment range in this matter is 57-71 months. However, statutes under which this defendant was charged require a minimum mandatory sentence of 60 months incarceration. The government recommended the Court impose a sentence of 71 months in prison.
A codefendant in this matter, Christian M. Domenech, 23, of West Warwick, was sentenced on October 20, 2017, to 36 months in prison. Domenech pleaded guilty on July 14, 2017, to an indictment charging him with conspiracy to distribute heroin, three counts of distribution of heroin, 14 counts of distribution of crack cocaine, possession with the intent to distribute heroin, possession with the intent to distribute cocaine, possession with the intent to distribute crack cocaine and bank fraud.
The sentences are announced by United States Attorney Stephen G. Dambruch; Harold H. Shaw, Special Agent in Charge of the FBI Boston Division; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
According to court documents and information presented to the court, a three-month investigation by the FBI Safe Streets Task Force into the defendants’ drug trafficking activity included numerous purchases from the defendants of between one gram and seven grams of crack cocaine and heroin for between $80 dollars and $350 dollars. Each transaction was monitored by law enforcement.
Additionally, a Rhode Island State Police Financial Crimes Unit investigation determined that beginning in December 2015, the defendants created and deposited bogus checks into bank accounts each established, and withdrew some of those funds. The investigation determined that Christian Domenech deposited a total of $10,000 in bogus checks and withdrew $2,000 in cash. Robert Wilkins deposited a total of $10,000 in bogus checks and withdrew a total of $2,099.55.
On July 12, 2016, FBI Safe Street Task Force agents, with the assistance of the West Warwick Police Department and the DEA, executed a court-authorized search of the defendants’ West Warwick residence. Varying quantities of cocaine, crack cocaine, and heroin was seized, along with approximately $800 in cash. Law enforcement also seized two vehicles.
Robert Wilkins and Christian Domenech have been detained in federal custody since their arrest in July 2016.
The case was prosecuted by Assistant U.S. Attorney Ronald R. Gendron.
United States Attorney Stephen G. Dambruch and Harold H. Shaw, Special Agent in Charge of the FBI Boston Division, thank the West Warwick Police Department and the DEA for their assistance investigating the drug trafficking activities of Robert Wilkins and Christian Domenech.
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RI Resident Sentenced in Heroin Trafficking ConspiracyRead the Press Release
PROVIDENCE – A Providence man was sentenced on Thursday to 72 months in federal prison for arranging the shipment of more than 200 packages containing hundreds of grams of cocaine from Puerto Rico to Rhode Island, some of which he arranged while incarcerated at the Rhode Island Adult Correctional Institution.
William Gonzalez, 50, of Providence, was also ordered by U.S. District Court Judge John J. McConnell, Jr, to serve 4 years supervised release upon completion of his term of incarceration. The government and the defense recommended the court impose a sentence of 72 months incarceration. The federal prison sentence imposed is to be served consecutive to a sentence of 25 years, 12 years to serve imposed in Rhode Island state court on August 31, 2016, in an unrelated case. In that case, Gonzalez pleaded nolo contendre to possession of cocaine with the intent to deliver.
The U.S. Sentencing Guideline imprisonment range in this matter is 210-262 months.
Gonzalez’s sentence is announced by United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division.
Gonzalez pleaded guilty on October 3, 2017, to one count each of conspiracy to possess one or more kilograms of cocaine with the intent to distribute and possession of one or more kilograms of cocaine with the intent to distribute.
At the time of his guilty plea, Gonzalez admitted to the Court that beginning in January 2016, he traveled repeatedly to Puerto Rico for the purpose of purchasing large quantities of cocaine, and arranging for the drugs to be shipped via the U.S. Postal Service to various addresses in Rhode Island. Gonzalez admitted to participating in a conspiracy in which he was responsible for at least 203 packages containing a minimum of 300 grams each being shipped from Puerto Rico to Rhode Island. Gonzalez was responsible for the shipment of nearly 61,000 grams of cocaine into Rhode Island.
On August 31, 2016, Gonzalez was arrested by Rhode Island State Police and ordered detained at the Adult Correctional Institution. While incarcerated, he continued to direct other members of the conspiracy to purchase cocaine in Puerto Rico and to mail the cocaine back to Rhode Island.
The case in federal court was prosecuted by Assistant U.S. Attorney William J. Ferland.
The matter was investigated by the Rhode Island State Police and the U.S. Postal Inspection Service.
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Richard B. Myrus Appointed First Assistant United States AttorneyRead the Press Release
PROVIDENCE, RI – United States Attorney Stephen G. Dambruch today announced the appointment of Assistant United States Attorney Richard B. Myrus to the position of First Assistant United States Attorney for the District of Rhode Island. Mr. Myrus, an experienced criminal prosecutor and civil litigator, most recently served as Civil Division Chief of the United States Attorney’s Office.
Appointed an Assistant United States Attorney in May 2007, Mr. Myrus has served as a prosecutor in the Criminal Division’s drug, gun and white collar crime units, and as a civil litigator in the office’s Civil Division. Mr. Myrus was named Civil Division Chief in February 2014.
In addition to successfully prosecuting a number of significant drug, firearm, fraud and identity theft cases, Mr. Myrus was co-counsel in an investigation of online search engine Google. The investigation determined that Google’s AdWords program targeted consumers in the United States, resulting in the unlawful importation of controlled and non-controlled prescription drugs into the United States by Canadian online pharmacies. The investigation resulted in a halt to the online advertisements and Google’s forfeiture of $500 million dollars. $240 million dollars of the forfeited funds were distributed to state and local law enforcement agencies in Rhode Island.
Prior to his appointment as an Assistant United States Attorney, Mr. Myrus was a partner in two Boston law firms specializing in patent litigation and served as a law clerk in the U.S. District Court for the Southern District of New York.
A veteran, Mr. Myrus served in the United States Navy as a helicopter aircraft commander and flight instructor. Mr. Myrus was awarded the United Nations Humanitarian Service medal for the rescue of Vietnamese refugees in the South China Sea.
A 1984 graduate of Columbia University and a 1992 graduate of the University of San Diego, Mr. Myrus earned his law degree from Fordham University School of Law in 1995.
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Rapper Sentenced for Trafficking Fentanyl and HeroinRead the Press Release
PROVIDENCE – A Johnston, R.I., rapper whose songs include “Sell Drugz,” “Feds Watching” and “All White,” was sentenced Tuesday in U.S. District Court in Providence to 36 months in federal prison for trafficking heroin and fentanyl.
Michael Persaud, aka “Montana Millz,” 30, also faces sentencing in Lebanon County, Pa., having been convicted at trial in August 2017 on 16 of 23 heroin trafficking, conspiracy and other drug trafficking related charges brought as a result of an investigation into his drug trafficking activities in Pennsylvania.
Persaud’s sentence, imposed by U.S. District Court Judge John J. McConnell, Jr., is announced by United States Attorney Stephen G. Dambruch; East Providence Police Chief Christopher Parella; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 78-97 months. The government recommended the Court impose a sentence of 78 months in prison. Persaud pleaded guilty on October 23, 2017, to five counts of distribution of fentanyl, and one count each of possession with the intent to distribute fentanyl and distribution of heroin.
According to information presented to the Court, during a 4 ½ month period of time beginning in October 2016, an East Providence undercover detective arranged for several purchases of heroin and fentanyl from Persaud. In total, nearly 22 grams of fentanyl and 2 grams of heroin were delivered to the detective. In several instances, Persaud used other individuals to assist in the delivery of the drugs. In at least two such instances, Persaud was driven by his girlfriend and mother of three of his children to deliver fentanyl to the undercover detective.
On March 30, 2017, members of the East Providence Police Department, with the assistance of the RI DEA Drug Task Force, executed a court-authorized search of the Providence residence of the mother of one of Michael Persaud’s children. Law enforcement seized 44 grams of fentanyl hidden in the residence by Persaud.
The case was prosecuted by Assistant U.S. Attorneys Ly T. Chin and Ronald R. Gendron.
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Attorney General Jeff Sessions Appoints Stephen Dambruch Interim United States AttorneyRead the Press Release
PROVIDENCE, RI – Attorney General Jeff Sessions today announced the appointment of Stephen G. Dambruch as Interim United States Attorney pursuant to 28 U.S.C. § 546, which provides that “the Attorney General may appoint a United States Attorney for the district in which the office of United States Attorney is vacant.” This appointment will take effect on January 5, 2018.
As the top federal law enforcement officer in Rhode Island, Mr. Dambruch will continue to focus on reducing violent crime in the District through the Department of Justice’s crime reduction strategy – Project Safe Neighborhoods – and leading coordinated federal, state and local law enforcement efforts to address the opioid crisis across Rhode Island.
“For decades, Stephen Dambruch has prosecuted criminals in Rhode Island,” said Attorney General Sessions. “He has successfully taken illegal guns and drugs off of our streets, and has worked significant public corruption matters. As Interim U.S. Attorney for Rhode Island, he will continue to have a positive impact on the community.”
A career prosecutor, Mr. Dambruch was appointed as an Assistant United States Attorney in January 2004. Mr. Dambruch was named Criminal Division Chief in February 2007 and First Assistant United States Attorney in January 2014.
Prior to his beginning his tenure with the United States Attorney’s Office, Mr. Dambruch served as a state prosecutor with the Rhode Island Department of Attorney General for over sixteen years, including appointments as Chief of the Narcotics Prosecution Unit, Chief Prosecutor for Kent, Newport and Washington Counties, and Deputy Chief of the Criminal Division.
Mr. Dambruch is a 1982 graduate of Providence College. He received his law degree from Boston College Law School in 1985.
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Jewelry Distributor Pleads Guilty in Multi-Million Dollar Fraud SchemeRead the Press Release
PROVIDENCE – A Rhode Island jewelry distributor pleaded guilty today to federal charges that he orchestrated a long-running fraud scheme that defrauded a debtor finance company of more than $3.6 million dollars.
Appearing before U.S. District Court Chief Judge William E. Smith, Gerald Kent, 52, of Groton, CT, owner and operator of Kent Jewelry, formerly located in Johnston, RI., admitted that he executed the fraud scheme while selling his company’s jewelry on the internet, primarily using websites such as Groupon.com and Zulily.com.
Acting United States Attorney Stephen G. Dambruch; Brian Deck, Resident Agent in Charge of the Providence Office of the U.S. Secret Service; and Harold H. Shaw, Special Agent in Charge of the Federal Bureau of Investigation Boston Division announced Kent’s guilty plea to one count each of wire fraud and aggravated identity theft.
At the time of his guilty plea, Kent admitted to the Court that he submitted fraudulent invoices to a factoring (debtor finance) company based in Chicago, Ill., mostly from Groupon and Zulily, which resulted in payments to him of nearly $5 million dollars. Kent admitted that he created hundreds of fraudulent invoices which were submitted to the factoring company for which he received payment; created and used a fraudulent clone of Groupon, Inc.’s website; enlisted coconspirators to pose as Groupon employees; and opened bank accounts in the names of Groupon and Zulily, Inc., in order to deceive the debtor finance company into believing it was receiving payments from these companies.
Factoring is a financial transaction and a type of debtor finance in which a business sells its accounts receivable (i.e., invoices) to a third party (called a factor) at a discount. Factoring companies work with businesses to provide working capital in order to grow their businesses without having to wait for outstanding accounts receivables to be paid.
Kent was first charged in this matter by way of a criminal complaint filed on July 17, 2017. He was ordered released on $50,000 unsecured bond on July 26, 2017. He is scheduled to be sentenced on March 9, 2018.
Wire fraud is punishable by statutory penalties of up to 20 years imprisonment; a fine of $250,000 or twice the pecuniary gain or loss resulting from the offense, whichever is greater; and a term of supervised release of 3 years. Aggravated identity theft is punishable by statutory penalties of up to a mandatory minimum consecutive sentence of 2 years imprisonment; a fine of $250,000; and a term of supervised release of 3 years.
The case is being prosecuted by Assistant U.S. Attorneys Lee H. Vilker and John P. McAdams.
The matter was investigated by agents from the United States Secret Service and the Federal Bureau of Investigation.
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Westerly Resident Arraigned on Child Pornography, Enticement, Transfer of Obscene Materials to a Minor ChargesRead the Press Release
PROVIDENCE – A Westerly man will continue to be held in federal custody following his arraignment on a superseding indictment charging him with receipt, possession and distribution of child pornography, enticement of a minor to engage in illicit sexual activity, and transferring obscene material to a minor.
Jonathan Breslin, 32, of Westerly, pleaded not guilty on Monday before U.S. District Court Magistrate Judge Patricia A. Sullivan to a five-count superseding indictment charging him with the one count each of possession, receipt and distribution of child pornography, transfer of obscene material to a minor, and enticement of a minor to engage in illicit sexual activity. The superseding indictment was returned on December 6, 2017.
Breslin has been detained since his arrest on August 9, 2017, after a court authorized search of his residence by agents from Homeland Security Investigations (HSI), the Rhode Island State Police Internet Crimes Against Children Task Force, and members of the Westerly and Warwick Departments resulted in the seizure of a computer, a digital media storage device and cell phone allegedly containing child pornography.
Breslin’s arraignment and detention are announced by Acting United States Attorney Stephen G. Dambruch; Michael S. Shea Acting Special Agent in Charge of Homeland Security Investigations for New England; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; Westerly Police Chief Richard G. Silva; and Warwick Police Chief Colonel Stephen M. McCartney.
According to court documents, it is alleged that in late March 2016, a law enforcement officer in Saskatchewan, Canada, arrested an individual in an unrelated matter. A search of a cell phone belonging to the individual resulted in the discovery of an online mobile chat application allegedly used to discuss and share child pornography images and videos to a network of users. Saskatchewan law enforcement agents identified 78 unique users who allegedly shared and/or communicated about child pornography. The information was provided to Homeland Security Investigations, who, through further investigation, identified IP addresses in the United States that were allegedly used to participate in some of the conversations, and/or to upload and view child pornography. Among the IP address identified was one allegedly belonging to Breslin.
Further investigation by an HSI agent in Rhode Island included online chats between Breslin and the agent posing as an individual interested in discussing, viewing and sharing child pornography. It is alleged that Breslin discussed viewing, possessing and attempted production of child pornography. Additionally, according to the superseding indictment, it is alleged that Breslin transferred obscene material to a person under the age of 16 and attempted to entice a minor to engage in illicit sexual activity.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Possession of child pornography and transfer of obscene material to a person under the age of 16 are punishable by statutory penalties of up to 10 years in federal prison. Receiving and distribution of child pornography are punishable by statutory penalties of 5-20 years in federal prison. Enticing a minor to engage in illicit sexual activity is punishable by statutory penalties of between 10 years- life in federal prison.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The Rhode Island ICAC Task Force is comprised of law enforcement personnel from the Rhode Island State Police, Homeland Security Investigations, United States Postal Inspection Services, and the Warwick, Cranston, East Providence, Newport, Pawtucket, North Kingstown, Portsmouth, and Woonsocket Police Departments.
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Providence Man Sentenced for Trafficking Opioid Addiction Medication Suboxone and CocaineRead the Press Release
PROVIDENCE, RI – Hector M. Figueroa, 34 of Providence, was sentenced to 45 months in federal prison today for attempting to receive 50 doses of Suboxone, a prescription medicine for treatment of opioid addiction, and for possessing approximately 300 grams of cocaine.
Suboxone, a controlled substance, helps to reduce withdrawal symptoms and curb cravings for opioids by tricking the brain into thinking that the individual has used heroin or oxycodone.
At sentencing, U.S. District Court Chief Judge William E. Smith ordered Figueroa to also serve 3 years of federal supervised release upon completion of his term of incarceration. Figueroa pleaded guilty on October 5, 2017, to a two-count information charging him with possession with the intent to distribute cocaine and possession with intent to distribute buprenorphine (Suboxone). The U.S. Sentencing Guidelines range of imprisonment in this matter is 46-57 months. The government recommended the court impose a sentence of 45 months in prison.
Figueroa will begin serving his sentence after he completes serving a 15-month prison sentence imposed on October 5, 2017, for violating terms of supervised release on a previous federal conviction for trafficking heroin.
Hector Figueroa’s sentence is announced by Acting U.S. Attorney Stephen G. Dambruch; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service Boston Division; and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
According to information presented to the Court, on March 28, 2017, U.S. Postal Inspectors executed a court-authorized search warrant on a package addressed to the defendant. The package contained 50 Suboxone strips. U.S. Postal Inspectors then obtained an anticipatory court authorized search warrant for Figueroa’s residence. After the package was delivered and accepted by the defendant’s father on March 29, the federal search warrant was executed and the package was seized. During the search of the residence, U.S. Postal Inspectors and members of the Rhode Island State Police High Intensity Drug Trafficking Area Task Force discovered and seized approximately 300 grams of cocaine, drug packaging paraphernalia and $17,000 in cash.
Figueroa was not at his residence at the time of the search and an arrest warrant was issued for him. After attempting repeatedly to locate Figueroa, the U.S. Marshals and Rhode Island States Police Fugitive Task Force arrested the defendant in late July. He has been detained since his arrest.
Previously, officers of the U.S. Customs and Border in San Juan, Puerto Ricco assisted the U.S. Postal Inspection Service with the seizure of two packages which led to the discovery and seizure of approximately $16,000 in U.S. currency. A review of video surveillance at two difference post offices by U.S. Postal inspectors determined that the packages were mailed by Hector Figueroa.
The case was prosecuted by Assistant U.S. Attorney William J. Ferland.
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Maritime Captain Arraigned, Barred from Piloting Vessels While Awaiting Trial in Boater's DeathRead the Press Release
PROVIDENCE, RI – A U.S. District Court Magistrate Judge in Rhode Island today ordered a New Jersey maritime captain to surrender his United States Coast Guard 100-ton Merchant Marine license to the Court, and to refrain from piloting or operating any vessel, as conditions of his release on unsecured bond while awaiting trial on a charge of seaman’s manslaughter in the death of an 81-year-old Connecticut boater in waters off Rhode Island.
At his arraignment today in U.S. District Court in Providence before U.S. District Court Magistrate Judge Patricia A. Sullivan, Cooper “Chick” Bacon, 78, of Cape May, N.J., through his attorney, entered a plea of not guilty and was released on $50,000 unsecured bond. In addition to surrendering his Merchant Marine license, Bacon was ordered to surrender his passport and is prohibited from travelling outside of the United States.
A federal indictment returned on December 6, 2017, alleges that Bacon failed to take precautions required of the ordinary practice of a seaman when he was at the helm of a yacht on September 22, 2015, which collided with a 23-foot power boat, the Peggy K, in waters off Westerly, killing its sole occupant, Walter S. Krupinski, 81, of Stonington, Conn. It is alleged that, among other things, Bacon failed to take precautions required by the ordinary practice of seamen; adequately assess the risk of collision; proceed at a safe speed; post his First Mate to look-out; and properly overtake, give-way and steer well clear of the Peggy K.
The collision occurred in Fishers Island Sound, on the waters off Naptree Point in the town of Westerly, Rhode Island.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt. Seaman’s manslaughter is punishable by statutory penalties of up to 10 years imprisonment, 3 years supervised release and a fine of up to $250,000.
Cooper Bacon’s arraignment is announced by Acting United States Attorney Stephen G. Dambruch; Admiral Steven Poulin, Commander of the First Coast Guard District, United States Coast Guard; and Richard Cox, Special Agent in Charge, Coast Guard Investigative Service, New England Region.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The matter was investigated by the Coast Guard Investigative Service.
Acting United States Attorney Stephen G. Dambruch thanks the many local and state agencies in Rhode Island and Connecticut that provided assistance and information to the United States Attorney’s Office in Rhode Island and to the Coast Guard Investigative Service during the investigation of this matter.
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Pawtucket Resident Sentenced for Trafficking MethamphetamineRead the Press Release
PROVIDENCE, RI – A Pawtucket resident who admitted to selling substantial quantities of methamphetamine has been sentenced to 5 years in federal prison, announced Acting United States Attorney Stephen G. Dambruch; Warwick Police Chief Colonel Stephen M. McCartney; Pawtucket Police Chief Tina Goncalves; and Mickey Leadingham, Special Agent in Charge of the Boston Field Division of Bureau of Alcohol, Tobacco, Firearms and Explosives.
Christopher Bergeron, 46, pleaded guilty in U.S. District Court in Providence on September 22, 2017, to possession with the intent to distribute 50 grams or more of methamphetamine. He was arrested on May 4, 2017, after Warwick Police seized 15 grams of methamphetamine from Bergeron’s vehicle and Pawtucket Police seized 121 grams of methamphetamine during a court authorized search of his residence.
Bergeron’s drug trafficking activities came to the attention of law enforcement during an unrelated investigation into the methamphetamine trafficking activities of Jon Cascella, 49, of Warwick. A federal court jury recently convicted Cascella on four counts of distribution of methamphetamine, two counts of distribution of 5 grams or more of methamphetamine, and one count each of possession with intent to distribute 5 grams or more of methamphetamine, being a felon in possession of a firearm arm and possession of a firearm in furtherance of drug trafficking. Cascella is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on March 2, 2018.
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Christopher Bergeron to serve 4 years supervised release upon completion of his term of incarceration. The statutorily required minimum sentence of 5 years imposed by the Court is greater than the U.S. Sentencing Guidelines imprisonment range in this matter of 41-51 months. The government recommended the Court impose a sentence of 60 months of incarceration.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah, with the assistance of Assistant U.S. Attorney Zechariah Chafee.
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Former Police Sgt. Sentenced on Child Pornography ChargeRead the Press Release
PROVIDENCE – A former Attleboro, Mass., police sergeant was sentenced today to 60 months in federal prison and ordered remanded immediately into federal custody for attempted receipt of child pornography. Richard F. Woodhead, 54, of South Attleboro, Mass., was arrested in April by Homeland Security Investigations (HSI) agents and members of the Rhode Island State Police Internet Crimes Against Children (ICAC) task force following a court authorized search of his home and the seizure of digital media storage devices containing child pornography.
Woodhead pleaded guilty on August 18, 2017, to attempted receipt of child pornography.
The sentence, imposed by U.S. District Court Chief Judge William E. Smith, is announced by Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Michael S. Shea Acting Special Agent in Charge of Homeland Security Investigations for New England.
At sentencing, U.S. District Court Chief Judge Smith also ordered Woodhead to serve 10 years supervised release upon completion of his term of incarceration and imposed special assessments totaling $5,100. The statutorily required minimum sentence of 5 years imposed by the Court is greater than the U.S. Sentencing Guidelines imprisonment range in this matter of 46-57 months. The government recommended the Court impose a sentence of 60 months of incarceration.
According to court documents and information presented to the Court, between September 22, 2016, and January 19, 2017, Woodhead posted multiple online advertisements entitled “Perv on your daughter – m4m.” In the advertisement, the defendant requested to see nude pictures of people’s daughters. In January 2017, a Rhode Island State Police detective assigned to the ICAC task force discovered the posting and responded to the advertisement in an undercover capacity, pretending to be the guardian of a young child. He began communicating with Woodhead via email. During these conversations, Woodhead requested a photograph of the child and described in explicit terms the types of sexual relations he wanted to have with the child.
According to court documents and information presented to the Court, in late January 2017, Woodhead agreed to continue the conversations via telephone. An HSI agent, acting in an undercover capacity as the guardian of a child, had three conversations with Woodhead, all of which were recorded by law enforcement. During these telephone calls, the agent and the defendant discussed meeting so that Woodhead might engage in sexual relations with the child. Woodhead requested that the agent send him naked pictures of the child.
On April 6, 2017, HSI agents and ICAC task force members executed a court-authorized search of Woodhead’s residence. During that search, behind a wall in a secret compartment of a closet off the master bedroom, a state police detective located a thumb drive and four discs, nylons, two bottles of acetone, and a picture of a school-aged female. One disc contained a video, which depicted prepubescent boys masturbating and engaging in sexual acts. The thumb drive contained nude photographs of minor teenage girls engaged in the lascivious exhibition of their genitals.
The case was prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
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Luxury Yacht Captain Indicted in Death of Boater off Westerly, Rhode IslandRead the Press Release
PROVIDENCE, RI – A federal grand jury in Providence, R.I., on Wednesday returned an indictment charging the operator of 60-foot luxury yacht with seaman’s manslaughter in the death in September 2015 of the 81-year-old operator of a 23-foot powerboat.
It is alleged that on September 22, 2015, Cooper “Chick” Bacon, 78, of Cape May, N.J., failed to take precautions required of the ordinary practice of a seaman when he was at the helm of a yacht as it made its way from a boat show in Newport, R.I., to boat show in Stamford, Conn. The Princess 60 yacht collided with a 23-foot powerboat, the Peggy K, in waters off Westerly, R.I., killing its sole occupant, Walter S. Krupinski, of Stonington, Conn. The collision occurred in Fishers Island Sound, on the waters off Naptree Point in the town of Westerly.
The indictment of Cooper Bacon is announced by Acting United States Attorney Stephen G. Dambruch; Admiral Steven Poulin, Commander of the First Coast Guard District, United States Coast Guard, and Richard Cox, Special Agent in Charge, Coast Guard Investigative Service, New England Region.
According to the indictment, it is alleged that, among other things, Bacon failed to take precautions required by the ordinary practice of seamen; adequately assess the risk of collision; proceed at a safe speed; post his First Mate to look-out; and properly overtake, give-way and steer well clear of the Peggy K.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Bacon is scheduled to be arraigned on December 19, 2017, before U.S. District Court Magistrate Judge Patricia A. Sullivan.
Seaman’s manslaughter is punishable by statutory penalties of up to 10 years imprisonment; 3 years supervised release; and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The matter was investigated by the Coast Guard Investigative Service.
Acting United States Attorney Stephen G. Dambruch thanks the many local and state agencies in Rhode Island and Connecticut that provided assistance and information to the United States Attorney’s Office in Rhode Island and to the Coast Guard Investigative Service during the investigation of this matter.
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Warwick Resident Convicted of Meth Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, RI – A Warwick man faces statutory penalties of 5 years to life in federal prison when he is sentenced in March after a jury in Providence convicted him of trafficking methamphetamine and being a felon in possession of a firearm which he used in furtherance of his drug trafficking activities.
Jon Cascella, 49, of Warwick, was convicted yesterday on four counts of distribution of methamphetamine, two counts of distribution of 5 grams or more of methamphetamine, and one count each of possession with intent to distribute 5 grams or more of methamphetamine, being a felon in possession of a firearm arm and possession of a firearm in furtherance of drug trafficking.
Cascella’s conviction is announced by Acting United States Attorney Stephen G. Dambruch; Mickey Leadingham, Special Agent in Charge of the Boston Field Division of Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Warwick Police Chief Colonel Stephen M. McCartney.
According to the government’s evidence presented at trial, on five occasions between March 29 and May 4, 2017, Cascella sold between 1.5 grams and 7.7 grams of methamphetamine to a Warwick undercover police officer for between $100 and $750. The transactions were electronically monitored and recorded. Beginning shortly after the first transaction, Cascella repeatedly expressed an interest in purchasing a firearm for protection. The undercover officer agreed to assist Cascella obtain a firearm.
According to the government’s evidence, on May 4, 2017, Cascella met with an ATF undercover agent who exchanged a .380 caliber semi-automatic handgun and $600 in cash for 7.4 grams of methamphetamine. A storage garage where the transaction for the firearm took place was outfitted with several law enforcement video and audio recording devices. Cascella was arrested moments after he took possession of the firearm.
A court authorized search of Cascella’s residence following his arrest resulted in the seizure of approximately 9.6 grams of methamphetamine.
According to the government’s evidence, following his arrest Cascella told investigators that he needed the firearm for protection because methamphetamine had been stolen from his residence. Kent admitted to investigators that he previously served five year prison sentences in Texas and Florida, having been convicted in each state on bank robbery charges.
Cascella will be sentenced by U.S. District Court Chief Judge William E. Smith on March 2, 2018.
Distribution of methamphetamine is punishable by statutory penalties of up to 20 years imprisonment followed by 3 years to lifetime supervised release, and a fine of $1,000,000; distribution of 5 grams or more of methamphetamine and possession with intent to distribute 5 grams or more of methamphetamine are punishable by up to 40 years imprisonment followed by up to 4 years to lifetime supervised release, and a fine of $8,000,000; felon in possession of a firearm is punishable by up to 10 years imprisonment followed by 3 years supervised release, and a fine of $250,000; and possession of a firearm in furtherance of a drug trafficking crime is punishable by up to life in federal prison – with a mandatory minimum sentence of 5 years in prison, to be followed by 3 years supervised release, and a fine of $250,000.
Casella has been detained in federal custody since his arrest on May 4, 2017.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah.
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Sex Offender Sentenced to Federal Prison on Child Pornography ChargeRead the Press Release
PROVIDENCE – A registered sex offender previously convicted in Rhode Island state court of being in possession of child pornography was sentenced today to 10 years in federal prison for again being in possession of child pornography. He did so while on state probation for possessing child pornography.
Victor C. Radbill, 32, of Woonsocket, pleaded guilty in U.S. District Court on September 12, 2017, to a federal charge of possession of child pornography. Radbill admitted to the Court that he was the owner of a cell phone SD card containing child pornography found inside a dryer at a laundromat in October 2016.
At sentencing, U.S. District Court Judge John J. McConnell, Jr. also ordered Radbill to serve 5 years supervised release upon completion of his term of incarceration. The government recommended the court impose a sentence of 10 years in prison, the U.S. Sentencing Guideline sentence in this matter.
Radbill’s sentence is announced by Acting United States Attorney Stephen G. Dambruch, Lincoln Police Chief Brian W. Sullivan, and Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police.
According to information presented to the Court, on October 22, 2016, a cell phone SD card was found inside a dryer at a Manville laundromat. An individual at the laundromat viewed the contents of the SD card and discovered images of child pornography and “selfies” of a person he recognized as a customer of the laundromat. A Lincoln Police Department detective who investigated the matter identified Radbill on a surveillance photograph taken inside the laundromat on the afternoon the SD card was discovered. The matter was referred to the Rhode Island State Police Internet Crimes Against Children (ICAC) task force.
A court authorized search of the SD card by detectives assigned to the ICAC task force revealed more than 500 images and 3 videos of child pornography. The forensic review of the SD card also revealed “selfies” of Radbill. The forensic examination revealed that the “selfies” of Radbill were taken on the same model cell phone Radbill admitted to owning.
Investigators determined that the images of child pornography were possessed by Radbill at the same time he was serving a state sentence of 5 years suspended with probation, having been convicted of possession of child pornography.
The case was prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and Denise M. Barton.
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Former Police Officer Sentenced for Trafficking Steroids, Money LaunderingRead the Press Release
PROVIDENCE – A former Charlestown, RI police officer was sentenced today to 3 years probation and 1,000 hours of community service for importing, repackaging and selling pharmaceuticals from China and elsewhere, and employing elaborate schemes to hide more than $530,000 in proceeds he netted from the sale of the steroids.
At sentencing, U.S. District Court Chief Judge William E. Smith ordered Evan C. Speck, 35, of Westerly, R.I., to serve the first 18 months of his probationary sentence on home confinement with electronic monitoring – the first 12 months of which he ordered Speck incarcerated on weekends at the Wyatt Detention Center in Central Falls.
Additionally, Speck was ordered to purchase an advertisement in the Westerly Sun to publish a letter of apology to the community for his criminal conduct and to send a similar letter to each member of the Charlestown Police Department. The letters must first be approved by the Court. Speck will also forfeit $536,000 in forfeitable assets, an amount equal to the total value Speck received from the sale of steroids and other drugs.
The U.S. Sentencing Guidelines range of imprisonment in this matter is 46-57 months. The government recommended the court impose a sentence of 57 months incarceration.
Speck pleaded guilty on November 7, 2017, to possession with the intent to distribute steroids, distribution of a misbranded drug and money laundering.
Speck’s sentence is announced by Acting United States Attorney Stephen G. Dambruch; Jeffrey Ebersole, Special Agent in Charge of the New York Field Office of the U.S. Food and Drug Administration Office of Criminal Investigations; Joel P. Garland, Special Agent in Charge, Internal Revenue Service Criminal Investigation; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations for New England.
According to information presented to the Court, Speck had been ordering Testosterone Cipionate from China since at least the beginning of 2015, repackaging the drug and selling it to his customers under the name “TabMan Pharmaceuticals.” Speck connected with potential customers through third-party, member only web-based steroid boards. He communicated with distributors of raw products and with his customers, many of whom were professional and amateur bodybuilders, utilizing encrypted emails and varying email addresses, and through text message software that would eliminate texts after they were read.
To conceal the movement of funds, Speck utilized various money remittance services, utilizing false names to conceal his identity as both the sender and recipient of tainted funds. Speck, his distributors of raw product and his customers utilized regularly changing intermediary nominees, domestically and abroad, to facilitate money remittances. The defendant also used crypto-cyber currency, Bitcoin, to conceal both the purchase and sales of products.
On March 20, 2017, federal law enforcement agents executed a court-authorized search of Speck’s residence and seized items associated with the receipt, packaging and resale of steroids and other performance enhancing drugs. Agents also seized labels containing the name under which Speck sold steroids, TabMan Pharmaceuticals.
Additionally, agents seized various false identification documents, ledgers, and cash. The ledgers show that from approximately June 2015 to the date of the search, Speck received $536,000 from the sale of steroids and other drugs. Investigators also seized two firearms from Speck’s residence and a loaded firearm found stashed in his vehicle.
The case was prosecuted by Assistant U.S. Attorneys Dulce Donovan and Mary E. Rogers, with the assistance of Assistant U.S. Attorney John P. McAdams.
The matter was investigated by the Rhode Island FDA Office of Criminal Investigations task force, IRS Criminal Investigation, U.S. Postal Inspection Service, and Homeland Security Investigations.
The Rhode Island FDA Office of Criminal Investigations task force is comprised of agents and officers from the FDA, IRS, DEA, HSI, Rhode Island State Police and the East Providence, North Providence and Westerly Police Departments.
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Union Officer to Plead Guilty to Embezzlement, Identity TheftRead the Press Release
PROVIDENCE, RI – According to documents filed in U.S. District Court in Providence, Richard D’Antuono, 42, of Cranston, a former business manager and financial secretary for a Rhode Island plasters and cement mason’s union local, will plead guilty to charges that he embezzled between $250,000 and $550,000 in union funds.
According to court documents, it is alleged that for two years beginning in 2015, D’Antuono, the sole full-time officer of the Operative Plasterers and Cement Masons International Association Local 40, embezzled funds from a union operational account and from an apprentice fund, a type of employee benefit plan, used to finance training programs for apprentice plasterers and masons and for the retraining or refresher training of journeymen union members.
It is alleged that as part of the scheme, D’Antuono made checks out to himself substantially in excess of his salary and a stipend to which he was entitled. In some instances, D’Antuono had the authorized signatories sign blank checks, which he later used to embezzle funds from the operational account. In other instances, D’Antuono forged the signature of the authorized signatories on checks. Additionally, it is alleged that D’Antuono embezzled funds from the Apprenticeship Fund by writing checks payable to the Local 40 operation account and then embezzling the funds in the same manner.
Acting United States Attorney Stephen G. Dambruch and Jonathan Russo, District Director, U.S. Department of Labor, Office of Labor-Management Standards, Boston-Buffalo District Office announce the filing of a three-count information charging Richard D’Antuono with embezzlement from a labor organization, embezzlement from an employee benefit plan, and aggravated identity theft.
Embezzlement from a labor organization is punishable by statutory penalties of up to 5 years imprisonment, a fine of $10,000 and a term of supervised release of 3 years. Embezzlement from an employee benefit plan is punishable by statutory penalties of up to 5 years imprisonment, a fine of $250,000, and a term of supervised release of 3 years. Aggravated identity theft is punishable by statutory penalties of mandatory term of two years imprisonment in addition to the sentence imposed on counts on the embezzlement charges.
An information is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by John P. McAdams.
The matter was investigated by U.S. Department of Labor, Office of Labor-Management Standards with the assistance of the Office of Inspector General Office of Investigations - Labor Racketeering & Fraud, and the Employee Benefits Security Administration.
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Grand Jury Indicts Mass. Man on Child Pornography ChargesRead the Press Release
PROVIDENCE, RI – A federal grand jury in Providence returned a three-count indictment today charging a Boston area man with travelling to Rhode Island in October 2017 for the purpose of transporting and distributing child pornography.
It is alleged in court documents that Fetahe Makonnen, 34, of Malden, Mass., travelled from Massachusetts to Rhode Island on October 28, 2017, and brought with him digital storage devices containing hundreds of videos and images of child pornography, which he provided to an undercover Rhode Island State Police detective.
Acting United States Attorney Stephen G. Dambruch; Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police; and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations for New England announce the indictment which charges Makonnen with transportation, possession and distribution of child pornography.
According to court documents, it is alleged that in July 2017, Makonnen began engaging in online communications about sharing child pornography with a member of the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force. Makonnen resumed communicating with the detective on September 16, 2017, with discussions centered around his interests in viewing child pornography involving prepubescent minors between 1 year and 13 years of age.
On October 27, 2017, it is alleged that Makonnen agreed to travel to Rhode Island the next day to meet with the person he had been communicating with and to view child pornography. He agreed to bring with him images and videos of child pornography. When they met, it is alleged that Makonnen provided an undercover ICAC Task Force detective with two thumb drives, which the detective opened on his laptop computer. It is alleged both thumb drives contained images and videos depicting child pornography involving prepubescent children.
Makonnen was arrested on a Rhode Island state charge and ordered held on $10,000 surety bail. A federal criminal complaint was filed in this matter on November 9, 2017, and Makonnen was ordered detained in federal custody.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Transportation and distribution of child pornography are punishable by statutory penalties of a 5-20 years imprisonment and up to lifetime supervised release. Possession of child pornography is punishable by up to 10 years imprisonment and lifetime supervised release.
The case is being prosecuted by Assistant U.S. Attorney Dulce Donovan.
The matter was investigated by the Rhode Island State Police ICAC Task Force, including law enforcement personnel from Homeland Security Investigations. The ICAC Task Force is comprised of law enforcement personnel from the Rhode Island State Police, Homeland Security Investigations, United States Postal Inspection Services, and the Warwick, Cranston, East Providence, Newport, Pawtucket, North Kingstown, Portsmouth, and Woonsocket Police Departments.
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Nigerian Nationals Detained in Elaborate Bank Fraud, Counterfeit Passport SchemeRead the Press Release
PROVIDENCE, RI – Two Nigerian nationals have been detained in federal custody in Rhode Island on charges they allegedly participated in a large-scale counterfeit bank fraud and passport scheme, with an intended loss of more than $850,000.
Acting United States Attorney Stephen G. Dambruch and Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations for New England, announced the arrest today of Olugboyega Akinloye Fasanya, 35, of Woonsocket, and Anthony Chidozie Ezike, 35, of Pawtucket, on a federal criminal complaint charging them with conspiracy to commit bank fraud and use of counterfeit passports. Fasanya and Ezike made initial appearances in U.S. District Court in Providence today and were ordered detained by U.S. District Court Magistrate Judge Lincoln D. Almond.
According to an affidavit in support of the criminal complaint, it is alleged that beginning in June 2015, Fasanya orchestrated a scheme that defrauded more than ten banks in Rhode Island, Massachusetts and elsewhere by acquiring and altering originally lawfully passed checks between commercial entities. The checks were altered to be made out to aliases used by Fasanya, Ezike and others, and deposited into bank accounts opened using the aliases. In many instances, the funds were removed from the accounts prior to the fraud being detected by the financial institutions.
It is also alleged that the scheme involved the sending of unauthorized wire transfers into accounts opened using the false identities, followed by rapid withdrawals. It is alleged that the defendants used counterfeit passports from Nigeria, Ghana and South Africa as forms of identification when opening various bank accounts used to execute the scheme.
According to the affidavit, it is alleged that participants in the scheme deposited fraudulent checks and wires totaling approximately $853,000 and successfully obtained approximately $368,000 through withdrawals and debit purchases.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
The case is being prosecuted by Assistant United States Attorney Lee H. Vilker.
The matter was investigated by Homeland Security Investigations with the assistance of U.S. Customs and Border Protection, and the Woonsocket, Pawtucket and Warwick Police Departments.
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Dominican National Indicted on Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE – A Dominican national previously convicted and incarcerated in federal and state prisons on drug trafficking charges was named today in a 15-count federal indictment charging him with trafficking fentanyl, heroin, cocaine and methamphetamine; and being an alien in possession of a firearm, a felon in possession of a firearm and possession of a firearm in furtherance of drug trafficking.
United States Attorney Stephen G. Dambruch and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s (DEA) New England Field Division announced the return of an indictment charging Marcio Alexandro Martinez-Lara, 42, of Providence, with one count each of possession with the intent to distribute 400 grams or more of fentanyl and possession with the intent to distribute 40 grams or more of fentanyl; 5 counts of distribution of fentanyl; one count of possession with intent to distribute a kilogram or more of heroin; one count each of possession with the intent to distribute cocaine and distribution of cocaine; and one count each of possession with the intent to distribute 50 grams or more of methamphetamine, conspiracy to distribute controlled substances, alien in possession of a firearm, felon in possession of a firearm, and possession of a firearm in furtherance of drug trafficking.
Lara has been detained in federal custody since his arrest by members of the Rhode Island DEA Drug Task Force on July 19, 2017. The arrest came after numerous alleged controlled purchases of fentanyl, heroin and cocaine from Martinez-Lara while he was under law enforcement surveillance, and the execution on July 19 of court authorized searches of his residence and business in Providence, a drug stash house he allegedly operated in Cranston, and of two vehicles allegedly in his control. During the searches law enforcement seized more than 1,182 grams of fentanyl, 1,148 grams of heroin, 106 grams of methamphetamine, 28 grams of cocaine and a loaded firearm.
As members of the DEA Drug Task Force, with the assistance of the Woonsocket, Cranston and Providence Police Departments, were preparing to execute the search warrants, agents and officers encountered and detained Martinez-Lara outside the alleged stash house in Cranston. Law enforcement officers allegedly seized nearly 103 grams of fentanyl concealed inside Martinez-Lara's clothing.
At the time of his arrest, Martinez-Lara identified himself to law enforcement as being Sandro Martinez. Law enforcement has since determined that his actual name is Marcio Alexandro Martinez-Lara.
An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
According to court records, in October 1997 Martinez-Lara was convicted in federal court on cocaine trafficking charges and subsequently sentenced to 121 months in federal prison; in April 1998 Martinez-Lara was convicted in Rhode Island state court on delivery of schedule I/II controlled substances and conspiracy charges and sentenced to 10 years in state prison – 18 months to serve with 102 months suspended with probation; and on June 9, 2016, Martinez-Lara was arrested by Providence Police and released on bail on a charge of delivery of heroin. He was awaiting trial at the time of his most recent arrest by the DEA Drug Task Force.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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Street Smarts Presentations Tops 30,000 StudentsRead the Press Release
PROVIDENCE, RI – Approximately 200 seventh grade students at the Hugh B. Bain Middle School in Cranston today spent the morning today engaged in an interactive discussion about gangs and street violence during a presentation of the United States Attorney’s Office’s Street Smarts program. Street Smarts, created and presented by Assistant United States Attorney (AUSA) Richard W. Rose, is an interactive, anti-violence program that delivers a powerful, impactful message to students to stay away from gangs, street violence and guns.
Today’s presentation marked a significant milestone. The Hugh B. Bain Middle School’s seventh grade class participation in the program pushed the total number of Rhode Island middle and high school students who have participated in the program since its inception in 2006 to over 30,000 students.
While specifically aimed at the state’s urban core, Street Smarts is a powerful message adaptable to students and teenagers regardless of their setting. AUSA Rose delivers a sometimes light and entertaining, yet often times pointed and serious reality check of the difficult and impactful decisions teenagers are faced with every day on the streets of their neighborhoods and within their circles of friends. The presentation is based, in part, upon his own personal experiences growing up on the streets of South Providence.
“The Street Smarts program and Assistant United States Attorney Richard Rose effectively communicate to teenagers the negative impact gang activity, street violence and guns could have on them for the rest of their lives,” said Acting United States Attorney Stephen G. Dambruch. “The centerpiece of the Department of Justice’s crime reduction strategy is the reinvigoration of Project Safe Neighborhoods, including preventative measures to keep youth on track. Street Smarts is designed to reach our youth with an impactful and lasting message of the adverse consequences of gangs, street violence and guns.”
School administrators or community-based youth organizations seeking additional information about the Street Smarts program can contact AUSA Richard Rose at [email protected] .
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Child Pornography Charges Filed Against Two Rhode Island WomenRead the Press Release
PROVIDENCE, RI – Two women have made initial appearances in U.S. District Court in Providence on child pornography charges.
Samantha York, 29, of Warwick and Pawtucket, has been ordered detained in federal custody on a criminal complaint charging her with production and distribution of child pornography. York made an initial appearance before U.S. District Court Magistrate Judge Lincoln D. Almond on November 9, 2017, charged with one count each of production of child pornography and distribution of child pornography.
According to information presented to the Court, it is alleged that in March 2014, York produced a video depicting child pornography involving a female toddler. It is alleged that the video was distributed to at least two other individuals.
In a separate federal criminal complaint filed in the U.S. District Court, Karissa A. Cave, 21, of Coventry and Newport, is charged with one count each of receiving child pornography and possession of child pornography. Cave was released on $10,000 unsecured bond following an initial appearance before U.S. District Court Magistrate Judge Lincoln D. Almond on November 9, 2017.
According to information presented to the Court, it is alleged that Cave received and possessed child pornography involving a female toddler allegedly produced and distributed by Samantha York.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Acting United States Attorney Stephen G. Dambruch, Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police, Michael S. Shea, Acting Special Agent in Charge of Homeland Security Investigations for New England, and Woonsocket Police Chief Thomas Oates announce the filing of federal criminal complaints in these matters.
These matters continue to be investigated by the the Rhode Island State Police Internet Crimes Against Children Task Force, Homeland Security Investigations and the Woonsocket Police Department.
Acting United States Attorney Stephen G. Dambruch acknowledges and thanks the Rhode Island Department of the Attorney General for their ongoing assistance investigating these matters.
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Pawtucket Man Charged with Trafficking Crack Cocaine, FentanylRead the Press Release
PROVIDENCE, RI – A federal criminal complaint was filed in U.S. District Court in Providence today charging David J. Reis, 40, of Pawtucket, with trafficking crack cocaine and fentanyl.
The filing of the federal criminal complaint charging Reis with possession with the intent to distribute 28 grams or more of cocaine base and possession with the intent to distribute fentanyl is announced by Acting United States Attorney Stephen G. Dambruch; Pawtucket Police Chief Tina Goncalves; and Michael J. Ferguson, Special Agent in Charge of the Drug Enforcement Administration’s New England Field Division.
According to federal court documents, the Pawtucket Police Special Squad Narcotic Unit received information that Reis was allegedly distributing large amounts of cocaine throughout the city of Pawtucket. As part of the investigation, on November 1, 2017, members of the Pawtucket Police Special Squad Narcotic Unit executed a court authorized search of Reis’ residence and seized nearly 200 grams of crack cocaine, 10 small plastic bags with a substance that tested positive for fentanyl, and packaging materials and cutting agents consistent with the distribution of narcotics.
A criminal complaint is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.
Reis is currently being held in state custody on Rhode Island state charges brought by the Pawtucket Police Department.
The case in federal court is being prosecuted by Assistant U.S. Attorney Ly T. Chin.
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