District of Rhode Island
Press releases recorded for this federal judicial district.
Tiverton Resident Sentenced to 5 Years in Federal Prison on Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – Ian D. Andrade, 37, of Tiverton, was sentenced today to 60 months in federal prison for trafficking cocaine and possessing a firearm in furtherance of his drug trafficking activities, announced United States Attorney Peter F. Neronha and Newport Police Chief Gary T. Silva.
At sentencing, U.S. District Court Judge John J. McConnell, Jr. also ordered Andrade to serve 3 years supervised release upon completion of his prison term. Andrade pleaded guilty on May 21, 2014, to one count each of possession with the intent to distribute cocaine and possession of a firearm in furtherance of a drug trafficking crime.
Andrade was arrested by Newport Police on November 8, 2013, after an investigation by members of the Newport Police Department’s Vice Unit led to the seizure of 366 grams of cocaine and a loaded handgun from a hide inside Andrade’s vehicle.
According to court documents and information presented to the court, in the fall of 2013, members of the Newport Police Department Vice Unit developed information into Andrade’s drug trafficking activities. Detectives determined that Andrade was using a vehicle with a hidden compartment inside to facilitate the trafficking of cocaine.
According to court documents and information presented to the court, on November 8, 2013, members of the Newport Police Department observed as Andrade and a juvenile female entered the vehicle outside a Newport residence and then drove away. A uniformed Newport Police officer stopped the vehicle a short distance away and advised Andrade of a court authorized search warrant for the vehicle. The vehicle was towed to the Newport Police Department and searched, during which time detectives seized from a secret compartment behind the front passenger seat a loaded .22 caliber handgun and a plastic container containing 366 grams of cocaine in 39 packages in quantities consistent with distribution. Andrade also turned over $4,435 in cash from his person.
At the time of his arrest and at the time of his guilty plea before the court, Andrade admitted to possessing the cocaine and the firearm seized from the vehicle, and that he used the firearm to protect his drugs. Andrade admitted that the $4,435 in cash seized was proceeds from his drug trafficking activities.
The case was prosecuted by Assistant U.S. Attorney Pamela E. Chin.
The Rhode Island DEA Drug Task Force assisted Newport Police in this matter.###
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[email protected]Chemical Firm Admits to Violating Clean Air Act by Failing to Develop and Implement Risk Storage Plan at Former Pawtucket FacilityRead the Press Release
PROVIDENCE, R.I. – Roberts Chemical Company, Inc. pleaded guilty in federal court in Providence today to violating the Clean Air Act by failing to develop and implement a Risk Management Plan to minimize the chance of release of ethyl ether from its former Pawtucket, R.I., facility, and to protect workers, the community and emergency and first responders in the event of a release or fire involving ethyl ether. Environmental Protection Agency (EPA) regulations require a company’s Risk Management Plan include a “worst case” response plan.
Roberts Chemical Company, Inc., now located in Attleboro, Mass., is in the business of storing, distributing and repackaging chemicals, some of which are designated as extremely hazardous.
Ethyl ether is a volatile, extremely flammable liquid chemical. EPA regulations require facilities storing more than 10,000 lbs. of ethyl ether to develop and implement a Risk Management Plan. An investigation by EPA determined that in November and December 2008, Roberts Chemical Company, Inc. failed to develop and implement a Risk Management Plan while storing 27,467 lbs. of ethyl ether at their former facility at 258 Pine Street in Pawtucket.
The guilty plea was announced by the United States Attorney’s Office in Rhode Island and the Environmental Protection Agency Criminal Investigation Division Boston Area Office.
A sentencing hearing before U.S. District Court Judge John J. McConnell, Jr. has not been scheduled. A plea agreement filed with the court stipulates that at sentencing the Government and Roberts Chemical Company, Inc. will recommend the court impose a fine of $200,000. In addition, according to the plea agreement, Roberts Chemical Company, Inc. is required to issue a public apology.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Convicted Drug Trafficker Arrested and Detained in Federal Custody for Allegedly Attempting to Possess A Kilo of Cocaine with the Intent to DistributeRead the Press Release
PROVIDENCE, R.I. – Jose Ignacio Goris, 39, of Providence, was ordered detained in federal custody today, charged with attempt to possess with the intent to distribute 500 grams or more of cocaine. Goris was arrested on Thursday by DEA Drug Task Force agents moments after he allegedly took custody of what he believed to be a kilogram of cocaine supplied to him by a person he believed to be a drug trafficker. The purported drug trafficker was an undercover DEA Drug Task Force agent.
Goris’ arrest and detention were announced by United States Attorney Peter F. Neronha and Michael Ferguson, Acting Special Agent in Charge of the Drug Enforcement Administration’s New England field division. Goris was ordered detained by U.S. District Court Magistrate Judge Lincoln D. Almond.
According to information presented to the court, Goris was previously convicted in federal court on drug trafficking charges.
According to an affidavit in support of an arrest warrant and criminal complaint filed with the court, it is alleged that beginning in early May, Goris and an undercover agent posing as a large-scale cocaine supplier from New Jersey engaged in a series of electronically monitored telephone conversations and meetings. Goris allegedly represented that he had engaged in distributing kilograms of cocaine for a long time and requested that the undercover agent supply him with multiple kilograms of cocaine.
According to the affidavit, Goris and the agent met early Thursday afternoon in Warwick, at which time Goris was shown two sham kilograms of cocaine that were hidden inside a secret compartment of an undercover vehicle. After allegedly examining the cocaine and agreeing to a negotiated price of $33,000 for a kilogram of the cocaine, Goris allegedly indicated to the agent that he was leaving to get the funds to purchase a kilogram of cocaine. He allegedly requested that they meet later in the day, closer to Providence.
According to the affidavit, during a telephone conversation late Thursday afternoon, Goris and the undercover agent agreed to meet inside a Cranston home-improvement store. After allegedly renegotiating terms of the transaction, including a price of $35,000 for a kilogram of cocaine, the agent directed Goris to a vehicle in the parking lot which he told Goris contained a bag with a kilogram of cocaine. Goris was arrested by members of the Drug Task Force moments after he allegedly retrieved the bag from the vehicle.
The case is being prosecuted by Assistant U.S. Attorneys Paul F. Daly, Jr. and Ly T. Chin.
West Warwick Police assisted the DEA Drug Task Force in the investigation of this matter.
The DEA Drug Task Force is comprised of agents and law enforcement officers from the DEA, ATF, IRS, Homeland Security Investigations, Rhode Island State Police and Cranston, East Providence, Pawtucket, Providence, Newport, South Kingstown, Warwick and Woonsocket Police Departments.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Providence Woman Sentenced to 4 Years in Federal Prison for Trafficking Cocaine and Crack Cocaine in South Kingstown and NarragansettRead the Press Release
PROVIDENCE, R.I. – Ashley Sekator-Graham, 31, of Providence, was sentenced today to 48 months in federal prison for her role in a drug trafficking conspiracy to distribute cocaine and crack cocaine in South Kingstown and Narragansett, announced United States Attorney Peter F. Neronha, South Kingstown Police Chief Vincent Vespia, Jr., Narragansett Police Chief Dean F. Hoxsie, and Michael Ferguson, Acting Special Agent in Charge of the DEA’s New England field division.
At sentencing, U.S. District Court Judge Mary M. Lisi also ordered Sekator-Graham to serve 5 years supervised release upon completion of her prison term. Sekator-Graham pleaded guilty on April 16, 2014, to one count each of possession of crack cocaine with the intent to distribute and conspiracy to possess cocaine with the intent to distribute.
According to court documents and information presented to the court, an investigation by South Kingstown Police, Narragansett Police and the Rhode Island DEA Drug Task Force in July 2013 into the distribution of cocaine and crack cocaine in South Kingstown and Narragansett resulted in the seizure of nearly 109 grams of crack cocaine, 200 grams of cocaine powder, two firearms, $93,701 in cash, and the arrest on July 18, 2013, of Ashley Sekator-Graham and her husband, Damon Graham.
According to court documents, the investigation, which began in early July 2013, included electronically monitored drug sales which led to the execution of court authorized search warrants on July 18, 2013, at the couple’s then Narragansett residence and at a self-storage unit in Narragansett. Law enforcement seized 108.8 grams of crack cocaine, a 9mm pistol, ammunition and $3,751 in cash from the couple’s residence and 201 grams of cocaine, a .38 caliber revolver, hollow-point ammunition and a safe containing $89,950 in cash from the self-storage unit.
Damon Graham, 34, pleaded guilty in U.S. District Court on April 23, 2014, to one count each of possession with the intent to distribute 28 grams or more of crack cocaine, conspiracy to possess with the intent to distribute 28 grams or more of crack cocaine, possession with the intent to distribute cocaine, conspiracy to possess with the intent to distribute cocaine, and two counts of being a felon in possession of a firearm. He is scheduled to be sentenced by U.S. District Court Judge Mary M. Lisi on October 17, 2014.
The cases are being prosecuted by Assistant U.S. Attorney Pamela E. Chin, with the assistance of Assistant U.S. Attorney Paul F. Daly, Jr.
Rhode Island State Police and agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted South Kingstown Police, Narragansett Police and the Rhode Island DEA Drug Task Force in the investigation of this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Bethany N. Wong Joins United States Attorney’s Office Civil DivisionRead the Press Release
PROVIDENCE, R.I. – United States Attorney Peter F. Neronha today announced the appointment of Bethany N. Wong as an Assistant United States Attorney in the District of Rhode Island. An experienced litigator in civil and criminal matters, Ms. Wong has been assigned to the U.S. Attorney’s Office Civil Division.
A native of Lancaster, Pennsylvania, Ms. Wong graduated summa cum laude in 2005 from Grove City College in Grove City, Pennsylvania. Ms. Wong earned her Juris Doctor at the University of Virginia School of Law in 2008.
Since February 2012, Ms. Wong had served as a staff attorney at the Women Against Abuse Legal Center in Philadelphia where she represented victims of domestic violence in Family and Superior Court through the Department of Justice funded “fast track” program.
Prior to joining the Women Against Abuse Legal Center, Ms. Wong was employed for four years as an Associate at Morgan Lewis & Bockius LLP in Philadelphia where she advocated on behalf of clients in civil, criminal and appellate matters in federal and state courts in Pennsylvania.
“I am very pleased to welcome Bethany N. Wong as an Assistant United States Attorney for the District of Rhode Island,” said United States Attorney Peter F. Neronha. “Ms. Wong’s education, experience and demonstrated commitment to public service will greatly strengthen this Office, in particular the Civil Division, which continues to expand its work on behalf of the people of Rhode Island.”
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Contact: 401-709-5357
[email protected]Providence Landlord Ordered Detained in Federal Custody Charged with Allegedly Setting Fire to an Occupied Tenement to Collect Insurance PaymentsRead the Press Release
PROVIDENCE, R.I. – An investigation by the Providence Fire Department Arson Squad, the Providence Police Department, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and the Rhode Island Attorney General's Office into an early morning fire on July 23, 2014, that caused significant damage to an occupied three family tenement at 346 Admiral Street in Providence, has resulted in the arrest and detention of the building’s owner, Rony Metellus, 51, of Providence. It is alleged that Metellus set fire to the building in order to collect insurance payments.
Metellus, arrested on Thursday and held overnight in federal custody, made an initial appearance in U.S. District Court today on a charge of arson of a building used in interstate commerce. Metellus was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan.
The investigation into the circumstances surrounding the fire and the arrest of Rony Metellus is announced by United States Attorney Peter F. Neronha, Providence Public Safety Commissioner Steven M. Paré and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof ATF.
According to an affidavit in support of an arrest warrant for Metellus filed with the court, it is alleged that in the early morning hours of July 23, Providence firefighters were called to extinguish a fire in a three-story, wood frame, residential building at 346 Admiral Street. The building sustained heavy damage. Three adults and three children were living in a first floor apartment at the time of the fire. The second and third floors had recently been vacated.
According to the affidavit, an investigation by the Providence Fire Department Arson Squad determined that the cause of the fire was the result of an unknown person or persons intentionally igniting the fire with combustible materials.
According to the affidavit, surveillance video reviewed by investigators showed a vehicle similar to one owned by Rony Metellus allegedly pull up and park on Admiral Street in close proximity to his rental property. A person fitting Metellus’ description is seen in the video walking toward 346 Admiral Street and then returning to the vehicle eight minutes later, shortly before fire apparatus were called for a report of a fire at 346 Admiral Street. The video shows the vehicle was immediately turned around and driven from the area without the headlights turned on.
According to the affidavit, additional surveillance videos obtained from a property near the defendant’s residence allegedly show Rony Metellus leaving his house shortly before the fire is reported and then returning. A review of the video demonstrates that sufficient time passed to have allowed Metellus to have travelled to Admiral Street, started a fire and returned home. Another video allegedly shows a vehicle fitting the description of the defendant’s traveling on the same street on which he resides, at approximately the same time fire apparatus are responding to or have already responded to the fire. Metellus’ residence is less than one mile from his rental property at 346 Admiral Street.
According to the affidavit, the investigation revealed that shortly after the fire Metellus allegedly hired a public adjuster to represent him in filing an insurance claim for damages to 346 Admiral Street. Records indicate a claim was filed with the insurer, Lloyd’s of London. The defendant’s claim was filed through a local insurance agency.
The case is being prosecuted by Assistant U.S. Attorney William J. Ferland.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Central Falls Resident on Probation for Robbery Ordered Detained in Federal Custody for Allegedly Trafficking Crack CocaineRead the Press Release
PROVIDENCE, R.I. – A joint investigation by ATF agents and Central Falls Police has resulted in the arrest and detention of a Central Falls resident for allegedly trafficking crack cocaine and the seizure of more than 128 grams of crack cocaine, announced United States Attorney Peter F. Neronha, Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof ATF, and Central Falls Police Chief Colonel James J. Mendonca.
Richard Palmisano, 39, was ordered detained by U.S. District Court Magistrate Judge Patricia A. Sullivan on Thursday on charges of possession of 28 grams or more of crack cocaine and possession of 28 grams or more of crack cocaine with the intent to distribute. According to information presented to the court, at the time of his arrest Palmisano was serving a term of probation on sentences imposed previously in Rhode Island state court on convictions of first and second degree robbery.According to an affidavit in support of a criminal complaint filed with the court, an investigation by ATF agents and Central Falls Police into Palmisano’s alleged drug trafficking activities allegedly included five separate purchases of crack cocaine between April 24 and July 18, 2014, from Palmisano of between 7.45 grams and more than 31grams of crack cocaine for between $400 and $1,700.
According to the affidavit, it is alleged that the undercover ATF agent continued to communicate with Palmisano, and on July 22, 2014, the agent received a text message allegedly from Palmisano which stated, “Yo let me know if u need something?” The agent subsequently arranged a purchase of 31 grams of crack cocaine, which was to have occurred yesterday.
According to information presented to the court, ATF agents and Central Falls Police arrested Palmisano on Thursday as he arrived for a scheduled appointment in Pawtucket. A court authorized search of Palmisano’s Central Falls residence on Thursday by ATF agents and Central Falls Police, with the assistance of Rhode Island State Police and Providence Police, resulted in the seizure of the 31 grams of crack cocaine that was to have allegedly been sold to the undercover agent.
The case is being prosecuted by Assistant U.S. Attorney Milind M. Shah
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Wyatt Detention Facility Detainee Sentenced to 2 Years in Prison for Possession of Makeshift WeaponRead the Press Release
PROVIDENCE, R.I. – Ernesto Monell, 36, formerly of Taunton, Mass., was sentenced on Wednesday to 24 months in federal prison, having been convicted by a federal court jury in Providence on May 20, 2014, of being in possession of contraband - a makeshift weapon, while incarcerated at the Donald W. Wyatt Detention Facility in Central Falls, R.I., announced United States Attorney Peter F. Neronha and United States Marshal Jamie A. Hainsworth.
The sentence was imposed by United States District Court Chief Judge William E. Smith.
According to the government’s evidence presented to the jury, on August 16, 2013, correctional officers at the Wyatt Detention Facility observed a disturbance involving numerous detainees. Monell was observed attacking two or more detainees using a homemade weapon/shank. The disturbance, which was recorded on the facility’s video surveillance system, shows Monell holding an object in his hand and swinging his arm in a stabbing type motion.
According to the government’s evidence, the correctional staff brought the situation under control by using chemical spray, and noted that Monell suffered injuries to his hand consistent with holding a makeshift type weapon. A search was undertaken and a makeshift weapon/shank was recovered from a second tier waste can. A correctional officer who first observed the disturbance break out identified the item as the weapon Monell was using to carry out his assaults.
Detainees who were seen on the video being struck by Monell were examined and found to have puncture and scratch like injuries consistent with having been inflicted by the shank.
Four days after being convicted in U.S. District Court in Providence for being in possession of contraband - a makeshift weapon, Monell was sentenced in U.S. District Court in Boston to 262 months in prison for being a felon in possession of a firearm and possession of cocaine base with the intent to distribute. In that case, Monell was arrested by Fall River Police on February 16, 2012, after a court authorized search of his residence resulted in the seizure of, among other things, a loaded firearm, a shotgun and a substantial amount of crack cocaine. When police arrived at Monell’s residence to execute a court authorized search warrant they found Monell’s apartment door barricaded. Police forced their way in and came upon Monell, who was holding a loaded pistol. He was apprehended without further incident.
The case in federal court in Providence was prosecuted by Assistant U.S. Attorney William J. Ferland.
The matter was investigated by the Wyatt Detention Center Investigative Unit, with the assistance of the United States Marshals Service.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Providence Felon Sentenced to 46 Months in Federal Prison on Gun ChargeRead the Press Release
PROVIDENCE, R.I. – Lazar Hazard, 31, of Providence, was sentenced today to 46 months in federal prison for being a convicted felon in possession of a firearm, announced United States Attorney Peter F. Neronha and Providence Police Chief Colonel Hugh T. Clements, Jr.
At sentencing, U.S. District Court Judge Mary M. Lisi also ordered Hazard to serve three years supervised release upon completion of his prison term. Hazard pleaded guilty in May 2014, as charged in a one-count indictment, to being a felon in possession of a firearm.According to information presented to the court, in January 2014, members of the Providence Police Department Narcotics and Organized Crime Bureau received information about an individual dealing drugs in the north end of the city. On January 27, while conducting surveillance of the area, detectives watched as Hazard drove up and met up with a person driving a separate vehicle and allegedly provided the person with a small quantity of drugs in exchange for cash. Detectives continued to follow Hazard and watched as he picked-up another person already known to the police. Detectives stopped Hazard’s vehicle and placed him in custody.
According to information presented to the court, detectives obtained a court authorized search warrant for Hazard’s residence. A search of the residence resulted in the seizure of .10 mm Glock Pistol with three magazines of ammunition, as well as various items used in the packaging and distribution of drugs, and $510 in cash. Hazard admitted to detectives that the firearm was his and that he obtained it for protection.
Hazard had previously been convicted in Rhode Island state court of a crime punishable by more than one year imprisonment.
The case was prosecuted by Assistant U.S. Attorney Richard W. Rose.
Agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives assisted Providence Police in this matter.
This case was brought as part of the Rhode Island Urban Violent Crime Initiative. The Rhode Island Urban Violent Crime Initiative is a local, state and federal law enforcement collaboration to proactively identify, investigate and prosecute individuals responsible for crimes of violence in urban neighborhoods.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Two Sentenced to 6 Years in Federal Prison for Conspiring to Traffic Crystal MethamphetamineRead the Press Release
PROVIDENCE, R.I. – Doneri Aguilar Sandoval, 53, of Attleboro, Mass., was sentenced today to 72 months in federal prison for participating in a conspiracy to traffic approximately 9 kilos of crystal methamphetamine worth more than $310,000, announced United States Attorney Peter F. Neronha and Michael Ferguson, Acting Special Agent in Charge of the Drug Enforcement Administration’s (DEA) New England Field Division.
At sentencing, U.S. District Court Judge Mary M. Lisi also ordered Sandoval to serve 5 years of supervised released upon completion of his prison term. Sandoval pleaded guilty on May 2, 2104, to conspiracy to possess with the intent to distribute methamphetamine.
Juan Carlos Espejo Sanchez, 42, of Providence, R.I., a co-defendant in this matter who orchestrated the shipment and delivery of crystal meth to Massachusetts from California while incarcerated in the Bristol County House of Corrections on an immigration detainer, pleaded guilty on June 9, 2014 to conspiracy to possess with the intent to distribute methamphetamine. He was sentenced by U.S. District Court Judge Mary M. Lisi to 72 months in federal prison, to be followed by 10 years of supervised release.
According to court documents, in September 2012, agents assigned to the DEA Worcester, Mass., Tactical Diversion Squad (DEA Task Force) developed information about significant quantities of crystal meth and other controlled substances being trafficked into New England from California. During the investigation, agents learned of a significant sized shipment of crystal meth expected to be shipped into New England in November. Agents tracked the shipment which was concealed inside a hidden compartment of a vehicle being shipped to an automobile storage facility in East Walpole, Mass.
On December 5, 2012, a Massachusetts State Police drug detection canine examined the vehicle at the storage facility and alerted investigators to the presence of narcotic drugs inside a hidden compartment above a rear wheel. The agents seized sixteen packages which they later determined contained approximately 9 kilos of crystal methamphetamine.
According to information presented to the court, DEA Task Force agents, posing as employees of the storage facility, made several attempts to contact the individual to whom the car was scheduled to be delivered. On December 10, 2012, a Task Force undercover agent posing as an employee of a tow truck company was instructed by the intended recipient of the vehicle to deliver the vehicle to a residence in Randolph, Mass. Upon delivery of the vehicle agents observed a vehicle owned by Doneri Sandoval canvasing the area. Shortly after agents dropped off the vehicle a confidential source working with Task Force agents received a call from Sandoval alerting him to the fact that the shipment of crystal meth had arrived and that he was to meet later that day at Twin River Casino in Lincoln, R.I., to complete the drug transaction. Sandoval was arrested by DEA Task Force agents, with the assistance of Lincoln, R.I., police, during the meeting at Twin River Casino.
According to information presented to the court, following Sandoval’s arrest a court authorized search of the Randolph residence resulted in the discovery of identification documents belonging to Juan Carlos Espejo Sanchez, a Mexican national, who was being held at Bristol County House of Corrections in New Bedford on an immigration detainer. Agents also located a letter which provided specific instructions to Sandoval regarding the sale and delivery of the crystal meth, and for receipt and distribution of the payment for the drugs.
The case was prosecuted by Assistant U.S. Attorney Paul F. Daly, Jr.
The DEA Worcester, Mass., Tactical Diversion Squad was assisted with the investigation by the Massachusetts State Police, and law enforcement officers from the Attleboro, Randolph and Walpole, Mass., Police Departments and Lincoln, R.I. Police Department.
The DEA Worcester, Mass., Tactical Diversion Squad is comprised of law enforcement agents and officers from the DEA, the Norfolk County, Mass., Sheriff’s Office, and the Burlington, Douglas, North Andover, Walpole, Wellesley and Worcester, Mass., Police Departments.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Pawtucket Man Pleads Guilty to Manufacture and Distribution of Meth; Faces up to 100 Years in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – Sean Costigan, 51, of Pawtucket, pleaded guilty today in federal court in Providence to charges of manufacturing and distributing methamphetamine. Costigan was arrested in January 2014 when DEA agents, DEA Drug Task Force agents, and Warwick and Newport Police detectives and officers executed a court authorized search of a Newport motel room rented by Costigan where they discovered materials being used for the manufacture and distribution of methamphetamine.
Costigan pleaded guilty to one count of manufacturing methamphetamine and four counts of distribution of methamphetamine, announced United States Attorney Peter F. Neronha, Warwick Police Chief Colonel Stephen M. McCartney, Newport Police Chief Gary T. Silva and Michael Ferguson, Acting Special Agent in Charge of the DEA’s New England Field Division.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Costigan admitted to the court that on four occasions, between October 25 and December 6, 2013, he sold methamphetamine to a Warwick undercover police officer for between $100 and $400 dollars. Three of the transactions occurred at a hotel in Warwick. The fourth transaction occurred at a hotel in North Smithfield.
According to information presented to the court, on January 16, 2014, DEA agents, DEA Drug Task Force agents, and Warwick and Newport Police detectives and officers executed a court authorized search of a Newport motel room rented by Costigan. Inside the room law enforcement discovered materials being used in the manufacture and distribution of meth. Members of the DEA Clandestine Laboratory Tactical Team dismantled the operation and seized multiple items associated with a methamphetamine manufacturing operation.
According to a plea agreement filed in this matter, Costigan and federal prosecutors stipulate and agree that Costigan maintained the room at the Newport motel for the purposes of manufacturing methamphetamine and that the meth lab created a substantial risk of harm to human life.
Costigan, who has been detained since his arrest on January 16, 2014, faces statutory penalties of up to 100 years in federal prison to be followed by up to lifetime supervised release, and a fine of up to $5,000,000 when he is sentenced on November 12, 2014.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.
The DEA Drug Task Force is comprised of law enforcement agents and officers from DEA, Rhode Island State Police, and the Cranston, East Providence, Newport, Pawtucket, Providence, South Kingstown, Warwick and Woonsocket Police Departments.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Sentencing Hearings Completed for Four Defendants in Cocaine, Heroin, Marijuana, Ecstasy and “Molly” Trafficking ConspiracyRead the Press Release
PROVIDENCE, R.I. – Four men arrested in June 2013 as the result of a sweeping fifteen-month joint federal, state and local law enforcement investigation resulting in the seizure of more than 137 grams of heroin, 392 grams of crack cocaine, 235 grams of cocaine powder, 47 grams and 100 pills of the synthetic drug “Molly,” 100 Ecstasy pills and six firearms, including a machine gun, have been sentenced to federal prison, announced United States Attorney Peter F. Neronha.
The investigation initiated in March 2012 by the Bureau of Alcohol, Tobacco, Firearms and Explosives and investigated jointly with DEA, with the assistance of agents and officers from the FBI, Homeland Security Investigations, United States Marshals Service, Rhode Island State Police and Cranston, Pawtucket, Providence, and Warwick Police Departments, determined that the drug trafficking conspiracy was responsible for a significant quantity of drugs being trafficked to other drug dealers and to drug users.
Salee Yang, 30, of Pawtucket, the primary target of the investigation, was sentenced in March to 120 months in federal prison; Eric Negron, 49, of Pawtucket, who admitted to being a primary supplier of heroin, cocaine and crack cocaine to Yang, was sentenced in April to 184 months in federal prison; Stanz Hun, 26, of Cranston, a member of the 4/5th Mafia and PSB street gangs who admitted to being a customer of Yang and admitted to operating his own drug trafficking business, was sentenced today to 84 months in federal prison; and Peter Lietar, 37, of Pawtucket, who admitted to supplying Ecstasy and “Molly” to Yang, was sentenced in March to 24 months in federal prison and ordered to pay a fine of $30,000. At the time of his arrest, agents discovered a marijuana grow in Lietar’s home larger than he was permitted as a State of Rhode Island authorized medical marijuana caregiver card holder.
“Drug trafficking, illegal guns and gang activity are a 1 – 2 – 3 recipe for urban violence, often with disastrous results,” said United States Attorney Peter F. Neronha. “The long sentences received by these men are well-deserved, and will contribute to making our urban neighborhoods safer. Yet, obviously, the work must continue, and I am grateful to our federal, state and local law enforcement partners for our continuing, ongoing, coordinated efforts to confront violence in urban neighborhoods.”
The cases were prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
This case was brought as part of the Rhode Island Urban Violent Crime Initiative. The Rhode Island Urban Violent Crime Initiative is a local, state and federal law enforcement collaboration to proactively identify, investigate and prosecute individuals responsible for crimes of violence in urban neighborhoods.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]New Jersey Man Pleads Guilty in Federal Court to Transporting Rhode Island Minor to Engage in Criminal Sexual ActivityRead the Press Release
PROVIDENCE, R.I. – Daniel Berger, 28, of Haskell, New Jersey, pleaded guilty in federal court in Providence, R.I., today to travelling in interstate for the purpose of engaging in illicit sexual conduct with a 13-year old female, announced United States Attorney Peter F. Neronha; Vincent B. Lisi, Special Agent in Charge of the Boston field office of the FBI; Portsmouth, R.I., Police Chief Thomas F. Lee; and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
Appearing before U.S. District Court Judge Mary M. Lisi, Berger admitted to the court that on July 24, 2013, he traveled from New Jersey to Rhode Island to meet with a 13-year-old girl he befriended on the Internet. Berger admitted to the court that he transported the girl to his residence in Haskell, New Jersey, with the intent to engage in criminal sexual activity. He pleaded guilty to one count of travelling in interstate commerce for the purpose of engaging in illicit sexual conduct with another.
According to information presented to the court, local, state and federal law enforcement from Rhode Island and New Jersey worked collaboratively to locate the victim. At approximately 12:30 a.m. on July 25, 2013, the victim was located by FBI agents at the defendant’s apartment in Newark, New Jersey.
According to information presented to the court, a roommate of Berger’s pointed out a vehicle being operated by Berger to an FBI Task Force agent. Agents subsequently stopped the vehicle and detained Berger. He was transported to Rhode Island on July 29 by the United States Marshals Service and was ordered detained following an initial appearance in U.S. District Court in Providence on July 30.
The case is being prosecuted by First Assistant United States Attorney Stephen G. Dambruch and Assistant U.S. Attorney Milind M. Shah. Berger, who has been detained since his arrest, is scheduled to be sentenced by U.S. District Court Judge Mary M. Lisi on October 9, 2014.
Portsmouth, R.I., Police, Rhode Island State Police and FBI agents from Providence and Newark, N.J., were assisted in the investigation and subsequent arrest of Berger by the New Jersey State Police and officers from the Ringwood, Wanaque, Paterson and Clifton, New Jersey, Police Departments.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Operation Check-Mate Defendant Sentenced to 30 Months in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – John Sumo, 27, a Liberian national with no permanent address in the United States, was sentenced on Tuesday in U.S. District Court in Providence to 30 months in federal prison for his role in a sophisticated counterfeit check cashing scheme which resulted in the loss of more than $800,000 to financial institutions in at least four states. Sumo is one of thirteen defendants arrested as the result of a two-year federal, state and local law enforcement investigation dubbed Operation Check-Mate.
At sentencing, U.S. District Court Judge Mary M. Lisi also ordered Sumo to serve three years supervised release upon completion of his prison term and to pay restitution to the financial institutions in the amount of $814,208. Sumo pleaded guilty on April 4, 2014, to one count of conspiracy to commit bank fraud.
Four co-defendants in this matter are detained in federal custody, two of which have pleaded guilty and are awaiting sentencing; a third is scheduled to plead guilty on Friday; and a fourth is awaiting trial. Eight others are being prosecuted in Rhode Island state court.
Sumo’s sentence was announced by United States Attorney Peter F. Neronha, Rhode Island Attorney General Peter F. Kilmartin, Rhode Island State Police Superintendent Colonel Steven G. O’Donnell, Ted A. Arruda, Resident Agent in Charge of the Providence Office of the U.S. Secret Service, Warwick Police Chief Colonel Stephen M. McCartney and Providence Police Chief Colonel Hugh T. Clements, Jr.
According information and documents filed in federal court, an alleged sophisticated check cashing conspiracy from July 2011 to January 2014 involved the creation of hundreds of fraudulent checks drawn on accounts of legitimate businesses and individuals that were then deposited into bank accounts of dozens of individuals who agreed to participate in the scheme in exchange for cash. The deposits, totaling more than $800,000, were made in banks in Rhode Island, Massachusetts, Connecticut and Pennsylvania.Criminal complaints and indictments 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.
Defendants charged in federal court in this matter are being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
Operation Check-Mate was a joint federal, state and local law enforcement investigation conducted by the offices of the United States Attorney and the Rhode Island Attorney General, the U.S. Secret Service, Rhode Island State Police, Warwick Police Department and the Providence Police Department.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Alleged Drug Trafficker Indicted in Puerto Rico Apprehended in Rhode Island by U.S. Marshal Service, R.I. State PoliceRead the Press Release
PROVIDENCE, R.I. – Carlos A. Rodriguez, a/k/a Maldi, 32, of Ponce, Puerto Rico, was ordered detained on Tuesday by U.S. District Court Magistrate Judge Lincoln D. Almond and returned to Puerto Rico, following his apprehension by the United States Marshal Service and Rhode Island State Police on an outstanding arrest warrant on drug trafficking charges from the District of Puerto Rico, announced United States Marshal Jamie A. Hainsworth, Rhode Island State Police Superintendent Colonel Steven G. O’Donnell and United States Attorney Peter F. Neronha.
Rodriguez is named in a sweeping 63-person, 11-count federal indictment returned in Puerto Rico in March 2014. The indictment, the result of an on-going 11-year investigation, alleges Rodriguez’s participation in a drug trafficking conspiracy to possess and distribute significant quantities of cocaine, crack cocaine, heroin, Oxycodone and Xanax in the La Ceiba Public Housing Project and other areas in and around Ponce, Puerto Rico. An arrest warrant for Rodriguez was signed on March 6, 2014, by a U.S. District Court Magistrate Judge in Hato Rey, Puerto Rico.
Members of the U.S. Marshal Service in Rhode Island and the Rhode Island State Police recently developed information that Rodriguez was living and working in Providence. Rodriguez was arrested on Tuesday morning without incident at his place of employment.
The Government was represented in U.S. District Court in Providence by Assistant U.S. Attorney Richard W. Rose.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Missouri Man Sentenced to 14 Years in Federal Prison on Sex Trafficking ChargesRead the Press Release
PROVIDENCE, R.I. – Stephen Ardrey, 30, of Springfield, Mo., was sentenced in U.S. District Court in Providence today to 14 years in federal prison for transporting a 17-year old female from the Boston area into Rhode Island with the intent to engage in criminal sexual activity, announced United States Attorney Peter F. Neronha; Bart J. Cahill, Acting Special Agent in Charge of Homeland Security Investigations for New England; West Greenwich, R.I., Police Chief Richard N. Ramsay; Coventry, R.I., Police Chief Bryan J. Volpe; Warwick, R.I., Police Chief Colonel Stephen M. McCartney; and Medfield, Mass., Police Chief Robert E. Meaney, Jr.
At sentencing, U.S. District Court Judge John J. McConnell, Jr., also ordered that Ardrey serve a term of 10 years supervised release upon completion of his incarceration and that he register as a sex offender. Ardrey pleaded guilty on February 26, 2014, to one count each of trafficking a person under the age of 18 and transportation of a minor with intent to engage in illicit sexual conduct.
Ardrey was arrested on September 12, 2013, while walking with the victim along a Coventry, R.I., highway three days after the victim was reported missing from her Medfield, Mass., home.
United States Attorney Peter F. Neronha commented, “The message from today’s sentencing is simple: if you engage in human trafficking, if you engage in sex trafficking in this state, we are going to get our victim to a safe place and then we are going to come after you with all of our resources. Whether in federal court or state court, we will seek to lock you up for a long period of time.”
“The defendant sexually exploited a vulnerable minor for profit and for his own gratification,” said Acting Special Agent in Charge Bart J. Cahill of HSI Boston. “The reprehensible and degrading nature of these crimes should leave no doubt that he has earned every minute in prison he has received. This sentence should also send a message to those who traffic in human beings – that ICE and its federal and local law enforcement partners are committed to protecting those who cannot protect themselves”
At the time of his guilty plea, Ardrey admitted to the court that he met the victim in an online chat room in December 2012. Over time, communications with the victim online, via email and through an online service called “TextNow” intensified in frequency and became sexually explicit. As the communications continued, Ardrey discussed selling the victim in order to make money so they could “go away” together.
According to information presented to the court, on September 9, 2013, during a pre-arranged meeting, Ardrey met the victim at a public library in Medfield, Mass. Ardrey and the victim traveled by train from Boston to Providence and then by taxi to a West Greenwich, R.I., motel. The next day Ardrey posted an advertisement on backpage.com and other websites that displayed provocative photographs of the victim under a banner that read “Sweet girl next door -19.”
At the time of his guilty plea, Ardrey admitted to having had sexual contact with the victim at the motel in West Greenwich. Ardrey also admitted that he negotiated a price of $40 and two packages of cigarettes for an hour with the victim with an individual who responded to the Internet ad. That person visited with the victim on two occasions. During the second encounter, Ardrey admitted to remaining outside the door until the individual left, at which time he collected the payment from the victim.
On September 13, 2013, at about 6:30 a.m., the Coventry Police Department received a call from a local resident who observed a male and a female walking along Rte.3 in Coventry and the female fit the description of the reported missing girl from Medfield, Mass. A responding officer recognized the young woman as being the missing person from Medfield, Mass. According to information presented to the court, Ardrey provided the officer a Missouri identification card. The victim, who was not carrying any identification, initially identified herself as “Rose,” the same name used in the backpage.com advertisement. Ardrey admitted to the officer that the victim was the same girl whose picture had been shown on television and who had been reported missing.
Coventry Police Chief Bryan J. Volpe commented, “This case clearly indicates that this type of crime can affect any community at any time. If not for the quick thinking and response of one of our residents, the victim’s situation could have been much worse. The Coventry Police applaud the cooperative effort by all law enforcement agencies in this case and we are pleased with the sentence.”
West Greenwich Police Chief Richard Ramsay added, “The West Greenwich Police Department is very proud to have worked so well within this multi-agency investigation that helped to reunite a 17-year-old female with her family and to put a predator like Steven Ardrey behind bars in federal prison, where he belongs.”
Warwick Police Chief Colonel Stephen M. McCartney said, “The Warwick Police have always strongly supported multi-agency investigations. This is doubly so in such egregious cases as human trafficking of any sort. We are proud that our member of the task force was able to assist in bringing this predator to justice, as demonstrated in the sentence issued in this case. We will continue to support all efforts to protect the public from those who prey on the young or helpless."
The case was prosecuted by Assistant U.S. Attorney Adi Goldstein.
The matter was investigated by Homeland Security Investigations; West Greenwich, Coventry and Warwick, R.I., Police Departments; and the Medfield, Mass., Police Department, with the assistance of the Massachusetts State Police and the Boston Police Department.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Guilty Pleas Halt Federal Trial in Interstate Contraband Cigarette Trafficking Conspiracy Resulting in $1.1 Million Dollar Tax Revenue Loss to R.I.Read the Press Release
PROVIDENCE, R.I. – The federal court jury trial of Wissam Khalil, 41, of Central Falls, R.I., and his brother Bassam Khalil, 49, formerly of Pawtucket, R.I., was halted Thursday when the two men pleaded guilty to their roles in a complex interstate contraband cigarette trafficking conspiracy that brought more than six million contraband cigarettes into Rhode Island from Virginia, and which cheated Rhode Island out of nearly $1.1 million dollars in tax stamp payments.
Additionally, Wissam Khalil pleaded guilty to conspiring to defraud the Supplemental Nutrition Assistance (Food Stamp) Program. Bassam Khalil admitted to defrauding the Social Security Administration.
Wissam Khalil pleaded guilty to one count each of transporting, possessing or selling in excess of 10,000 contraband cigarettes; structuring; and, conspiracy to defraud the Supplemental Nutrition Assistance Program. Bassam Khalil pleaded guilty to one count of transporting, possessing or selling in excess of 10,000 contraband cigarettes and one count of social security fraud. Both are detained in federal custody pending sentencing by U.S. District Court Chief Judge William E. Smith on September 25, 2014.
As a result of Thursday’s guilty pleas, seven of eight defendants charged in a sweeping fifteen-count superseding indictment returned in September 2013 have pleaded guilty and stand convicted of federal charges. A warrant has been issued for the eighth defendant who has remained outside of the United States since prior to the return of the grand jury indictment.
The guilty pleas are announced by Peter F. Neronha, United States Attorney for the District of Rhode Island; Colonel Steven G. O’Donnell, Superintendent of the Rhode Island State Police; Vincent B. Lisi, Special Agent in Charge of the Boston field office of the FBI; William P. Offord, Special Agent in Charge of the Boston field office of IRS Criminal Investigation; Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations for New England; Scott E. Antolik, Special Agent in Charge of the Boston field office of the Social Security Administration, Office of the Inspector General/Office of Investigations; and William G. Squires, Special Agent in Charge of the northeast region of the U.S. Department of Agriculture Office of Inspector General.
On May 8, 2013, more than a dozen teams of federal and Rhode Island state law enforcement agents and officers executed federal search warrants at ten locations where a significant quantity of contraband cigarettes, approximately $100,000 in cash, business records and four vehicles connected to the trafficking operation were seized. The majority of cash and cigarettes seized were discovered stashed in sophisticated hides in several of the locations. Seven individuals named in federal arrest warrants were located and arrested.
According to court documents and information presented to the court during various plea hearings and during the trial of Wissam and Bassam Khalil, as part of the conspiracy, in July 2011, several “shell” corporations were created and vacant retail storefronts were rented in Virginia for the purpose of making it appear that cigarettes being purchased in Virginia were for resale in Virginia. The cigarette packages included Virginia tax stamps, reflecting a Virginia tax of thirty-five cents per package.
According to court documents and information presented to the court, between July 2011 and May 2013, more than 30-thousand cartons (6 million) of cigarettes valued at more than $1.2 million dollars were purchased in Virginia and shipped to Rhode Island in a truck bearing Rhode Island War Veteran Plates, often times driven by a person wearing a United States Army uniform. The person, a member of the conspiracy, wore the uniform in an effort to gain favor and avoid law enforcement detection.
According to information presented to the court, the cigarettes were distributed and sold in Rhode Island at or near full-retail price, including a tax payment of $3.50 per package. The lack of payment of the cigarette tax to the state of Rhode Island resulted in a loss of nearly $1.1 million dollars in tax revenue.
Additionally, according to information presented to the court, charges of food stamp fraud and the unauthorized acquisition of food stamp funds were brought against Wissam Khalil and others, based on information developed during a separate joint federal and state investigation into more than $3 million dollars in food stamp fraud in Rhode Island. That investigation, first announced on September 5, 2013, by United States Attorney Peter F. Neronha, resulted in federal charges against thirteen individuals. To date, twelve of those defendants have pleaded guilty – nine have been sentenced. The thirteenth individual is being sought.
Wissam and Bassam Khalil and their co-defendants are being prosecuted by Assistant U.S. Attorneys William F. Ferland and Ly T. Chin.
The matter was investigated by the Rhode Island State Police, Federal Bureau of Investigation, Internal Revenue Service Criminal Investigations, United States Social Security Administration Office of Inspector General – Office of Investigations, Homeland Security Investigations and the U. S. Department of Agriculture Office of Inspector General.
United States Attorney Peter F. Neronha also acknowledges and thanks the Virginia State Police, the Virginia Department of Attorney General, the Virginia Division of Taxation, the Northern Virginia Cigarette Tax Board, the Rhode Island Division of Taxation – Excise Tax Compliance Unit, the Rhode Island Department of Attorney General, and the Cranston and Providence Police Departments for their assistance in this investigation.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Providence Felon Sentenced to 5 Years in Federal Prison on Drug Trafficking, Firearm ChargesRead the Press Release
wPROVIDENCE, R.I. – Edgar Pagan, 22, formerly of Providence, was sentenced today to 60 months in federal prison for possession of crack cocaine with the intent to distribute and being a felon in possession of a firearm. Pagan was serving a state sentence of home confinement in July 2013 on a previous conviction for drug possession when he was found to be in possession of nearly 2.5 grams of crack cocaine and two firearms, one of them loaded. He was arrested by members of the Rhode Island State Police High Intensity Drug Trafficking Area (HIDTA) Task Force.
At sentencing, U.S. District Court Chief Judge William E. Smith also sentenced Pagan to serve 3 years supervised release upon completion of his prison term. Pagan pleaded guilty on February 14, 2014.
Pagan’s sentence is announced by United States Attorney Peter F. Neronha and Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
According to information presented to the court at the time of Pagan’s guilty plea, on July 17, 2013, members of the HIDTA Task Force developed information that Pagan was in possession of two firearms at his Providence residence. Task Force officers learned that Pagan was scheduled to report to the Home Confinement Program office at the Adult Correctional Institution (ACI) for a routine appointment the next day. During the scheduled appointment, Task Force officers informed Pagan of their ongoing investigation. Pagan responded, “Let’s do this. Go there and check. I have nothing there.” Pagan agreed to allow officers to search his apartment.
According to information presented to the court, after entering the apartment with Pagan the defendant admitted to having concealed cocaine inside a pillow case on his bed. Officers located eight individually wrapped packages of crack cocaine, and Vicodin and Oxycodone pills inside the pillow case. When asked about guns, Pagan denied he had any, instead directing Task Force officers to a back bedroom and a safe containing $1,150 in cash. While in the bedroom, Task Force officers located a white padded envelope from the ACI. Inside the envelope they discovered a loaded .45 caliber Glock semi-automatic pistol and an unloaded .380 caliber semi-automatic pistol. Officers also seized items used in the packaging and distribution of crack cocaine.
The case was prosecuted by Assistant U.S. Attorney Gerard B. Sullivan, with the assistance of Assistant U.S. Attorney Richard W. Rose.
The Rhode Island State Police High Intensity Drug Trafficking Area Task Force is comprised of members of law enforcement from the Rhode Island State Police, ATF, DEA, ICE-HSI, R.I. National Guard, and the Johnston, Pawtucket, Providence, and Smithfield Police Departments.
This case was brought as part of the Rhode Island Urban Violent Crime Initiative. The Rhode Island Urban Violent Crime Initiative is a local, state and federal law enforcement collaboration to proactively identify, investigate and prosecute individuals responsible for crimes of violence in urban neighborhoods.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Jury Convicts Getaway Driver in Barrington Bank RobberyRead the Press Release
PROVIDENCE, R.I. – A federal jury in Providence late Tuesday afternoon convicted David Lasseque, 33, of Providence, for his role as getaway driver during the July 2013 armed robbery of the Barrington branch office of Bank of America, announced United States Attorney Peter F. Neronha, Barrington Police Chief John M. LaCross, East Providence Police Chief Joseph Tavares and Vincent B. Lisi, Special Agent in Charge of the Boston Field Office of the FBI.
The jury convicted Lasseque on one count each of conspiracy to commit bank robbery and bank robbery. A co-defendant in this matter, Pierre S. Rheau, 34, of Providence, pleaded guilty in May 2014 to charges of conspiracy to commit armed bank robbery and armed bank robbery.
According to the government’s evidence presented at trial, at approximately 5:00 p.m. on July 12, 2103, members of the Barrington Police Department responded to a report of an armed bank robbery at the County Road branch office of Bank of America. Witnesses told police that an individual armed with a black firearm approached two tellers demanding they give him all the money. The suspect fled the bank with $4,871 in cash. Witnesses were able to provide police with a detailed description of the robber’s physical make-up, his clothing, clothing accessories and the firearm he displayed during the robbery.
According to the government’s evidence, in response to a police dispatch about the bank robbery, a Barrington Police Sergeant positioned himself on Rte. 114. A short time later the sergeant saw a vehicle traveling in a northerly direction away from the bank by an individual who fit the general description of the bank robber. The sergeant began to follow the vehicle, which he then determined was traveling well in excess of the posted speed limit. The sergeant attempted to affect a traffic stop, however after stopping briefly for the officer the vehicle fled the area at a high rate of speed.
According to the government’s evidence, the suspect vehicle was pursued by police as it drove at a high-rate of speed onto I-195 west then off again via an exit into an East Providence residential neighborhood. As the vehicle continued to be operated in a reckless manner, it crashed into an East Providence police cruiser traveling in the opposite direction, with its lights and siren engaged.
According to the government’s evidence, following the collision with the police cruiser, the driver, David Lasseque, fled on foot but was quickly apprehended by Barrington and East Providence officers. A second individual, Pierre Rheau, later identified as the gunman who robbed the bank, was discovered lying on the back seat. From the back seat area, officers recovered a pile of loose money, a black Daisy .177 caliber BB gun, and clothing and accessories described by witnesses as having been worn by the armed bank robber.
Lasseque faces statutory penalties of up to 25 years in federal prison and a fine of up to $500,000 when he is sentenced on September 26, 2014, by U.S. District Court Judge William E. Smith, who presided over the two-day trial. The jury reached its verdict after approximately 90 minutes of deliberations.
Rheau, who pleaded guilty on May 14, 2014, to conspiracy to commit armed bank robbery and armed bank robbery, faces statutory penalties of up to 30 years in federal prison and a fine of up to $500,000 when he is sentenced by U.S. District Court Chief Judge William E. Smith on September 12, 2014.
Lasseque and Rheau have been detained since their arrest.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.
Warren and Seekonk, Mass., Police and the Rhode Island State Police assisted Barrington and East Providence Police and the FBI in the investigation of this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Two Face Federal Hobbs Act Conspiracy, Robbery and Firearm Charges in Alleged West Warwick Home InvasionRead the Press Release
PROVIDENCE, R.I. – Criminal complaints unsealed in federal court in Providence today allege that two Providence men, Kiplagatt Stewart, 43, and Allen D. Prout, 42, conspired to and participated in an armed Hobbs Act robbery home invasion in West Warwick in September 2012, during which approximately $14,000 in cash was stolen and one of the alleged intruders was shot.
Stewart was arrested earlier today at his Providence residence by agents and officers from the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF), including members of an ATF Special Response Team, Providence and West Warwick Police Departments, and the Rhode Island State Police.
Prout has been detained in federal custody since June 6, 2014, on a criminal complaint charging him with allegedly participating in a Hobbs Act conspiracy to commit an armed home invasion in Providence, where he was expecting to find two kilos of cocaine. He was arrested by ATF agents and the Providence Police Department SWAT team moments after he and a co-defendant, Emmett Blyden, 43, allegedly took possession of firearms allegedly to be used in the planned home invasion.
The criminal complaint unsealed in U.S. District Court today is announced by United States Attorney Peter F. Neronha; Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof ATF; Rhode Island Attorney General Peter F. Kilmartin; West Warwick Police Chief Colonel Richard G. Silva; Providence Police Chief Colonel Hugh T. Clements, Jr.; and, Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police.
According to an affidavit filed with the court in support of criminal complaints and arrest warrants for Stewart and Prout, it is alleged that on September 3, 2012, West Warwick Police responded to reports of shots fired in the Providence Street area. Upon investigation, officers learned of an alleged home invasion during which it is alleged that two armed men robbed an individual of approximately $14,000 in cash, money the victim told police was to have been used for the purchase of oxycodone.
According to the affidavit, the victim told police he was assaulted and that a gun was held to his head during the incident. According to the victim, as the intruders fled his residence he retrieved a firearm and fired, striking Stewart in the buttocks as he entered a vehicle. Two women and several children in the residence at the time of the incident were not injured.
During the course of the investigation, West Warwick Police identified Kiplagatt Stewart as one of the alleged intruders and arrested him on state charges on September 7, 2012. At the time of his arrest it was determined that a bullet was lodged in Stewart. He was presented in state court by the Attorney General’s office as a probation violator on a previous conviction for armed robbery. He was sentenced to serve 18 months in state prison as a probation violator.
As the investigation progressed, West Warwick Police identified Allen Prout as the second individual who allegedly participated in the home invasion. He was arrested on state charges on October 16, 2012, while at the Cranston residence of his girlfriend.
The criminal complaint unsealed today charges Stewart and Prout with one count each of Hobbs Act conspiracy, Hobbs Act robbery, and use of a firearm in furtherance of a crime of violence. If convicted of these charges, the defendants face statutory sentences of up to life in federal prison.
Stewart was ordered detained in federal custody following his initial appearance before U.S. District Court Magistrate Judge Patricia A. Sullivan. Prout has been detained in federal custody since his arrest on June 6.
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 Milind M. Shah.
Rhode Island State Police assisted with the processing of evidence collected in this matter.
This case was brought as part of the Rhode Island Urban Violent Crime Initiative. The Rhode Island Urban Violent Crime Initiative is a local, state and federal law enforcement collaboration to proactively identify, investigate and prosecute individuals responsible for crimes of violence in urban neighborhoods.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Rhode Island Resident Sentenced to 50 Months in Federal Prison for Trafficking Counterfeit Sports Jerseys, Clothing, Health and Beauty ProductsRead the Press Release
PROVIDENCE, R.I. – Norman Cipriano, 41, of Warwick, R.I., was sentenced on Thursday to 50 months in federal prison for trafficking more 14,500 counterfeit sports jerseys, clothing accessories, and health and beauty products valued at more than $1 million dollars, announced United States Attorney Peter F. Neronha, Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations (HSI), and Warwick Police Chief Colonel Stephen M. McCartney.
U.S. District Court Chief Judge William E. Smith also ordered Cipriano to serve 3 years of supervised release upon completion of his prison term. An amount of restitution to be paid by the defendant to various companies impacted in this matter will be determined at a later date. Cipriano pleaded guilty on August 5, 2013, to trafficking in counterfeit goods and services.
“The world-wide theft of intellectual property and the sale of counterfeit goods is, unfortunately, a burgeoning and increasingly dangerous crime. The distribution of counterfeit medications, both over-the-counter, as in this case, and prescription narcotics, as in other cases we have seen, present an obvious health and safety threat. Trafficking in other counterfeit goods, such as apparel and other consumer products, may seem more innocuous, but nevertheless demands the same aggressive attention from law enforcement. Such criminal misconduct causes irreparable economic harm to the companies that make the real article, including such companies’ ability to maintain and create jobs for every-day Americans,” said United States Attorney Peter F. Neronha.
United States Attorney Neronha added, “I am grateful for the vigilance of the Customs and Border Protection agents in Alaska who first recognized the defendant’s attempt to bring counterfeit and illegitimate items to our shores. HSI agents in Rhode Island, working with Warwick Police Detectives and Officers and other federal, state and local law enforcement officials, took it from there, building a strong case that ultimately led to today’s entirely appropriate sentence.”
“The notion that counterfeit products are a victimless crime is absurd. Criminals who sell counterfeit goods are economic leeches that siphon trade from legitimate businesses that pay taxes, create jobs and support our local economy," said Eric Caron, Resident Agent in Charge of HSI Providence."Buying them may appear at first to be a bargain, but when we take into account the common nexus to organized crime or worse, the laborers who may be forced to work in substandard conditions, and the locally owned stores that are forced to close their doors, we see that this ‘victimless crime’ harms all of us in the long run.”
According to information presented to the court, HSI agents in Rhode Island were notified that Customs and Border Protection (CBP) agents in Anchorage, Alaska, conducted a routine border search of a package arriving from the People’s Republic of China addressed to Cipriano and his Warwick residence. The shipment was manifested as “Man Coats.” An examination of the contents revealed sports jerseys affixed with NFL Football and Nike trademarked logos. CBP agents suspected that the display of trademarks was unauthorized.
CBP agents shipped the package to HSI agents in Rhode Island who conducted a controlled delivery of the merchandise to Cipriano’s residence on August 23, 2012, with the assistance of the HSI Boston Gangs/Commercial Fraud Unit and Warwick Police.
Simultaneously, working in conjunction with HSI agents from Boston who had already begun an investigation into Cipriano’s alleged importation and sale of counterfeit merchandise at a flea market in Raynham, Mass., continued the investigation which included multiple visits and surveillance of Cipriano’s activities at the flea market and at his home.
On September 19, 2012, HSI agents from Rhode Island and Boston, assisted by agents and officers from the United States Postal Inspection Service and the Warwick Police Department, executed a court authorized search of Cipriano’s home and two vehicles used to transport the counterfeit goods. The agents seized nearly 5,000 counterfeit sports jerseys, wearing apparel and accessories, and health and beauty aids - including a significant quantity of counterfeit over-the-counter medications. In total, agents seized approximately 14,700 counterfeit items conservatively valued at more than $1.02 million dollars and nearly $56,000 in cash, money orders and a bank check. The following day the government seized a bank account containing more than $76,000 which belonged to Cipriano.
Queries of CBP data bases disclosed that between September 2009 and June 2012 CBP agents made numerous seizures of counterfeit goods imported into the United States earmarked for shipment to Cipriano’s Rhode Island residence. After each seizure, seizure notices were sent notifying Cipriano of the seizure and provided the opportunity to contest the seizure. None were contested.
In October 2012, as a result of his arrest by federal agents for this crime, Cipriano was found to be a probation violator on a 2005 conviction in Rhode Island state court for conspiracy and receiving stolen property. Cipriano served 22 months in state prison on the violation while this matter was pending in federal court.
The case was prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Barrington Payroll Service Company Owner Indicted for Allegedly Diverting Client Federal Employment Taxes Due the IRSRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence today returned a nine-count indictment alleging that Warren Hebert, 66, of Barrington, R.I., owner of Checkmaster Payroll Service, a payroll company which provided payroll services to private companies and at least one municipal agency, devised a scheme to defraud at least nine businesses and the Seekonk, Mass., Water District of federal payroll taxes that were to have been paid to the IRS, announced United States Attorney Peter F. Neronha and William P. Offord, Special Agent in Charge of IRS Criminal Investigation.
The indictment alleges that Hebert withdrew funds from client accounts that were to have been used to pay the clients’ federal employment taxes and diverted the funds for other purposes. It is alleged that Hebert provided clients with “client copy” tax returns indicating that the taxes had been paid to the IRS, when they had not. It is also alleged that Hebert falsely represented to his clients that tax delinquency notices they received from the IRS were the result of administrative errors by the IRS.
According to the indictment, beginning in at least April 2009, and continuing through at least October 2011, Hebert allegedly diverted money from at least nine businesses operating in Rhode Island and Massachusetts, including, among others, a moving and storage company, nursery school, jewelry packaging company, and a marketing and communications company, and from the Seekonk Water District, a municipal water agency located in Seekonk, Mass.
The indictment charges Hebert with eight counts of wire fraud and one count of impeding the administration of the Internal Revenue Code. 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.
Wire fraud is punishable by a statutory penalty of up to 20 years in federal prison and a fine of up to $250,000. Impeding the administration of the Internal Revenue Code is punishable by a statutory penalty of up to 3 years in federal prison and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney John P. McAdams.
The matter was investigated by IRS Criminal Investigation, with the assistance of the FBI, Rhode Island FDA Task Force, Rhode Island State Police and Barrington Police.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]T Wo Detained in Federal Custody in Alleged Home Invasion, Hobbs Act Robbery ConspiracyRead the Press Release
PROVIDENCE, R.I. – Allen Prout, 42, of Providence, and Emmett Blyden, 43, of no known address, were ordered detained in federal custody today by U.S. District Court Magistrate Judge Patricia A. Sullivan on allegations that they conspired to commit an armed home invasion in Providence, where they were expecting to find two kilos of heroin and a large amount of cash, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
The two men, both previously convicted of felony crimes, were arrested Friday evening moments after they allegedly took possession of firearms to be used in the planned robbery. The firearms, which had been rendered inoperable, were delivered by an individual who was assisting ATF agents.
According to an affidavit in support of a criminal complaint filed with the court, it is alleged that on June 2, 2014, an individual working with ATF agents advised ATF that Prout had contacted him and asked to set up a robbery for him and his crew. It is also alleged that he inquired about the availability of firearms to be used during the robbery. ATF agents instructed the individual to arrange meetings with Prout and his crew to discuss a fictitious scenario involving the robbery of two kilograms of heroin and a large amount of cash from a residence that was being used as storage site by narcotics traffickers.
According to the affidavit, over the next two days two meetings were held and several text messages were exchanged. On June 4, at the first of two meetings, it is alleged that details of the robbery and the availability of firearms were discussed. It is alleged that at that meeting, Prout inquired as to how many individuals would be at the location they planned to rob, stating that he was prepared to “lay them all down.” The meeting was electronically recorded.
At a subsequent meeting on June 6, with both Prout and Blyden in attendance, it is alleged that additional details of the robbery were discussed and the individual assisting ATF provided the firearms, as requested by Prout, to Prout and Blyden. Moments after the two men allegedly took possession of the firearms, ATF agents entered the meeting and took both men into custody. The meeting was electronically recorded.
Prout and Blyden are charged by way of a criminal complaint with conspiracy to commit Hobbs Act robbery; conspiracy to possess with the intent to distribute and distribute more than one kilogram of heroin; possession of a firearm in furtherance of a crime of violence; and being a felon in possession of firearms.
According to information presented to the court, Allen Prout’s felony record includes previous convictions for assault with the intent to commit a felony and larceny. Emmett Blyden’s felony record includes at least three previous drug trafficking convictions.
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. Milind M. Shah.
The Providence Police Department SWAT Team assisted ATF agents in the arrest of the defendants.
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[email protected]3rd Defendant Pleads Guilty in Hobbs Act Robbery ConspiracyRead the Press Release
PROVIDENCE, R.I. – Gennaro Miele, 61, of Niantic, CT., pleaded guilty in U.S. District Court in Providence today to conspiracy to commit Hobbs Act robbery, in connection with a home invasion and robbery in March 2010 of a 78-year-old associate of the Gambino crime family, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Information regarding the home invasion in Stamford, CT., came to law enforcement’s attention during an unrelated drug trafficking investigation in Rhode Island.
According to court documents and information presented to the court, Miele was solicited into the conspiracy by an individual the investigation shows had been loaned $100,000 by the victim, and that the home invasion was planned in a growing dispute over the loansharking debt that had grown to be in excess of $300,000. The victim of the home invasion was well known to Stamford Police as being an associate of the Gambino crime family.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Miele admitted that he also participated in the conspiracy with two other individuals, Napoleon Andrade, 33, of Central Falls, R.I., and Stephen L. Conti, 43, of Swansea, Mass. He acknowledged that the conspiracy and plans to execute the home invasion and robbery were formulated during meetings and telephone conversations that occurred in Rhode Island, Massachusetts and Connecticut.
According to the victim, the attackers, who gained entrance to his home on March 2, 2010, purporting to be deliveryman, bound and blindfolded him and stole more than $200,000 worth of jewelry, more than $16,000 in cash and a double-barreled shotgun. Law enforcement’s investigation determined that some of the items stolen were sold to a pawn shop in Rhode Island later the same day.
According to information presented to the court, Napoleon Andrade was the target of an unrelated, long-term federal, state and local law enforcement investigation into his suspected drug trafficking activities. During a March 8, 2010, conversation surreptitiously recorded by law enforcement, Andrade discussed his participation in home invasions in Connecticut and New York. An investigation by ATF agents determined that among the home invasions discussed was the incident in Stamford, CT.In August 2011, in matters unrelated to the home invasion, Andrade admitted to the facts that were the basis for charges contained in three federal indictments and three informations that were brought as the result of several ATF led investigations, and several joint federal, state and local investigations. Some of the investigations included “sting operations” and the use of electronic surveillance. Andrade received a10-year federal prison sentence for drug trafficking, money laundering, theft of government property and federal firearm violations. His sentenced was enhanced by 63 months for his role in the March 2010 home invasion. He pleaded guilty in March 2014 to conspiracy to commit a Hobbs Act robbery.
Stephen L. Conti pleaded guilty on September 26, 2013, to conspiracy to commit a Hobbs Act robbery. He is scheduled to be sentenced on September 12, 2014, by U.S. District Court Judge John J. McConnell, Jr.
Gennaro Miele is scheduled to be sentenced by on August 27, 2014.
At sentencing, Miele and Conti face statutory penalties of up to 20 years in prison and a fine of up to $250,000.
The cases against Miele, Conti and Andrade are being prosecuted in the District of Rhode Island by Assistant U.S. Attorney Gerard B. Sullivan.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
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[email protected]Rhode Island Sears Franchisee Pleads Guilty to FraudRead the Press Release
PROVIDENCE, R.I. – Joseph Kilty, 53, of Wakefield, R.I., a former authorized dealer and franchisee of a Sears Hometown and Outlet, Inc. store in Middletown, R.I., pleaded guilty in federal court in Providence today to defrauding Sears of more than $154,000, announced United States Attorney Peter F. Neronha; Shelly A. Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Vincent B. Lisi, Special Agent in Charge of the Boston Field Office of the FBI.
Appearing before U.S. District Court Chief Judge William E. Smith, Kilty admitted to the court that between January 2012 through June 2013, he failed to deposit $154,120 in cash receipts into a bank account he was required by Sears to establish and into which all store receipts were to have been deposited. Kilty admitted that he deposited the receipts in question into other personal bank accounts which he controlled.
Kilty admitted to the court that as part of the scheme he created false documents to make it appear that the deposits had been made, including 47 fraudulent deposit slips and several fake bank reconciliation forms.
Additionally, Kilty admitted to the court that he created two counterfeit bank checks in the amounts of $99,000 and $28,319.75 made payable to Sears Hometown and Outlet, Inc., and that he provided the checks to a Sears district manager. The fraudulent checks were eventually mailed to the Sears Hometown and Outlet office in Hoffman Estates, Illinois.
Kilty pleaded guilty today to one count of mail fraud. He is scheduled to be sentenced by U.S. District Court Judge William E. Smith on September 18, 2014.
Mail fraud is punishable by statutory penalties of up to 20 years in federal prison; a fine of up to $250,000 or twice the gross gain or the gross loss resulting from the offense, whichever is greater; and a term of supervised release of up to 5years.
The matter was investigated by the U.S. Postal Inspection Service and the FBI.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
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[email protected]Providence Resident Pleads Guilty in Alleged $1.8 Million Dollar Fraudulent Tax Return SchemeRead the Press Release
PROVIDENCE, R.I. – Julian Balbi, 22, of Providence, pleaded guilty in federal court in Providence today to participating in a scheme in which personal identifying information of more than 1,200 individuals was collected, of which many were used to file fraudulent tax returns with the IRS totaling more than $1.8 million dollars. Balbi pleaded guilty to four counts of aggravated identity theft and one count each of conspiracy and theft of government property.
Balbi, and a co-defendant in this matter, Richard Lara, 22, of Providence, were arrested by Rhode Island State Police on January 2, 2012, on an unrelated matter during a routine traffic stop. During a court authorized search of the vehicle, State Police discovered 87 U.S. Treasury checks made out to third parties totaling $596,646.46 allegedly generated by fraudulent tax returns. Also seized were several ledgers and notebooks containing the personal identity information, including Social Security numbers and dates of birth, of hundreds of individuals; ledgers containing employer information such as Employee Identification Numbers and addresses; and a USB flash drive containing numerous spreadsheets detailing taxpayer information and fraudulent tax returns that were allegedly filed with the IRS.
Balbi’s guilty plea is announced by United States Attorney Peter F. Neronha, Colonel Steven G. O’DonnellSuperintendent of the Rhode Island State Police, William P. Offord, Special Agent in Charge of IRS Criminal Investigation, and Ted A. Arruda, Resident Agent in Charge of the Providence Office of the U.S. Secret Service
According to information presented to the court, Rhode Island State Police executed a court authorized search of Balbi’s Providence residence where they seized numerous computers and USB flash drives. A forensic examination of the computers and flash drives allegedly revealed a number of spreadsheets containing ledgers identical to those on the flash drives allegedly seized from Mr. Balbi’s vehicle. A court authorized search of Richard Lara’s residence resulted in the seizure of another ledger which allegedly contains personal identity information which matched information contained on the flash drive allegedly seized from Balbi’s vehicle.
According to information presented to the court, IRS and U.S. Secret Service agents interviewed 17 individuals listed as payees on the treasury checks seized from Balbi’s vehicle. All 17 stated they did not file the tax return in question, and that they did not know Balbi or Lara. The IRS conducted an analysis of all of the information associated with the 1,258 individuals listed on the various ledgers and computers allegedly seized from Balbi and Lara. The investigation revealed that between April 2011 and January 2012, 823 fraudulent tax returns seeking refunds totaling $1,854,438.46 were allegedly filed with the IRS.
Julian Balbi is scheduled to be sentenced by U.S. District Court Judge Mary M. Lisi on September 18, 2014.
Conspiracy to commit a crime against the U.S. Government is punishable by statutory penalties of up to 5 years in federal prison, a fine of up to $250,000 and a term of supervised release of up to 3 years. Theft of government property (treasury checks) is punishable by statutory penalties of up to 10 years in federal prison and a fine of up to $250,000. Aggravated identity theft is punishable by statutory mandatory sentence of 2 years imprisonment, to be served consecutive to the sentence imposed for theft of government property, and a fine of $250,000.
Richard Lara is awaiting trial on an indictment returned by a federal grand jury on February 26, 2014, which charges him with four counts of aggravated identity theft and one count each of conspiracy and theft of government property
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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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Providence Heroin Dealer Arrested While on State Probation Sentenced to 5 Years in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – Moises Tronilo, 28, of Providence, was sentenced today to 5 years in federal prison for trafficking heroin and being a felon in possession of a firearm, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
At sentencing, U.S. District Court Chief Judge William E. Smith also ordered Tronilo to serve 3 years of supervised release upon completion of his prison term. Tronilo pleaded guilty on November 5, 2013, to one count each of possession with the intent to distribute heroin and being a felon in possession of a firearm.
According to information presented to the court, an investigation in March 2013 by ATF agents into Tronilo’s alleged drug trafficking activities resulted in five undercover purchases of heroin from Tronilo within an 11-day period. The fifth purchase of heroin was in return for payment in cash and a .40 caliber Glock handgun. Tronilo was arrested immediately upon completion of the 5th transaction, when he took possession of the firearm. The transactions were electronically monitored by ATF agents.
According to information presented to the court, on March 22, 2013, ATF agents conducted a court authorized search of Tronilo’s Providence residence and seized a loaded 9mm Browning pistol, 35 grams of heroin, and various items used in the packaging and sale of heroin.
According to information presented to the court, Tronilo was previously convicted in Rhode Island State Court for possession of narcotics with the intent to prosecute. At the time of his arrest by ATF agents, Tronilo was serving a 51-month term of probation.
The case was prosecuted by Assistant U.S. Attorney Milind M. Shah.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]North Smithfield Businessman Pleads Guilty to Conspiracy, Tax EvasionRead the Press Release
PROVIDENCE, R.I. – Paul F. Pytko, 49, owner of Pytko Construction Corp. in North Smithfield, R.I., pleaded guilty today in federal court to participating in a conspiracy to conceal the sale of company assets he agreed to sell in order to satisfy more than $1 million dollars owed to the IRS, announced United States Attorney Peter F. Neronha, William P. Offord, Special Agent in Charge of IRS Criminal Investigation and Vincent B. Lisi, Special Agent in Charge of the Boston Field Office of the FBI.
Pytko pleaded guilty in U.S. District Court to one count of conspiracy to defraud the United States by evading payments of taxes and one count of tax evasion.
According to information presented to the court, Pytko had agreed to sell several large pieces of construction equipment and that the assets would be used to pay down some of the $1,035,547.91 in debt owed to the IRS in unremitted employee withholding taxes, penalties and interest incurred for tax periods ending in September 2003 through June 2006. Pytko admitted to the court that the equipment was sold but that the proceeds collected were wired into third party accounts and then disbursements paid to him to pay for business expenses and for his own personal use.
According to information presented to the court, on various dates between June 7, 2007 and July 10, 2008, Pytko sold a backhoe, front end loader, screening machine, bulldozer, roller, two excavators and a rock crusher for a total of $611,420. None of the assets were paid to the IRS.
Pytko is scheduled to be sentenced by U.S. District Court Chief Judge William E. Smith on September 19, 2014.
Conspiracy to evade taxes is punishable by a statutory penalty up to 5 years in federal prison and a fine of up to $250,000. Tax evasion is punishable by a statutory penalty of 5 years in federal prison and a fine of up to $100,000.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose, with the assistance of Assistant U.S. Attorney John P. McAdams.The matter was investigated by IRS Criminal Investigation and FBI.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Convicted Drug Trafficker Pleads Guilty to Federal Drug, Firearm ChargeRead the Press Release
PROVIDENCE, R.I. – A Providence resident previously convicted in state court on drug trafficking charges pleaded guilty in federal court today to federal drug trafficking and firearm charges and faces up to 70 years in federal prison, announced United States Attorney Peter F. Neronha and Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Jose A. Fuentes, 43, of Providence, pleaded guilty to three counts of distribution of heroin and one count of being a felon in possession of a firearm. He is scheduled to be sentenced on September 4, 2014.
Appearing before U.S. District Court Judge Mary M. Lisi, Fuentes admitted to the court that on March 5, 2012, and March 16, 2012, he sold a total of more than 14 grams of heroin to an undercover ATF agent. Additionally, Fuentes admitted to the court that on October 12, 2012, he traded with an undercover ATF agent .77 grams of heroin and $100 in cash for a semi-automatic handgun. Fuentes was arrested by ATF agents immediately after he took possession of the firearm.
According to information presented to the court, Fuentes was convicted in Rhode Island state court in August 2009 of delivery of heroin, and was on probation at the time of his arrest by ATF agents.
The case is being prosecuted by Assistant U.S. Paul F. Daly, Jr., with the assistance of Assistant U.S. Attorney William J. Ferland.
Distribution of heroin is punishable by a statutory penalty up to 20 years in federal prison and a fine of up to $1,000,000. Felon in possession of a firearm is punishable by a statutory penalty of 10 years imprisonment and a fine of $250,000.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Sex Offender Pleads Guilty to Violating Sex Offender Registration and Notification ActRead the Press Release
PROVIDENCE, R.I. – Luis Ortiz, 42, formerly of Providence, pleaded guilty in federal court in Providence today to failing to register as a sex offender as required by the Sex Offender Registration and Notification Act (SORNA), announced United States Attorney Peter F. Neronha and United States Marshal Jamie A. Hainsworth.
Ortiz, convicted in Rhode Island state court in 2000 of second degree sexual assault, admitted to the court that he failed to register in any jurisdiction that he resided in after notifying Providence Police in November 2012 that he was moving from Providence to Pennsylvania.
SORNA provides a comprehensive set of federal standards for sex offender registration and notification in the United States through the nationwide network of sex offender registration and notification programs. Additionally, SORNA requires registered sex offenders to register and keep their registration current in each jurisdiction in which they reside, work, or go to school, and to make periodic in-person appearances to verify and update their registration information.
According to information presented to the court, in November 2012, after notifying Providence Police that he was moving from Providence to Pennsylvania, Ortiz moved in with his mother in Brockton, Mass., and also resided at a homeless medical shelter in Boston.
In January 2013 he moved back to Rhode Island, but eventually traveled to Columbia, South Carolina, where he was located by the U.S. Marshals Service living in a hotel with a girlfriend and her two young children.
Ortiz is scheduled to be sentenced by U.S. District Court Judge John J. McConnell, Jr., on August 27, 2014.
Failure to register under the Sex Offender Registration and Notification Act is punishable by a statutory penalty up to 10 years in federal prison 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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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Restaurant Owner Pleads Guilty to Tax EvasionRead the Press Release
PROVIDENCE, R.I. – Kenneth J. O’Brien, 47, of Portsmouth, R.I., owner of K&D Investments Inc., d/b/a The Beach House, a bar, restaurant and nightclub located in Portsmouth, pleaded guilty in federal court in Providence today to three counts of tax evasion, announced United States Attorney Peter F. Neronha and William P. Offord, Special Agent in Charge of IRS Criminal Investigation.
Appearing before U.S. District Court Judge John J. McConnell, Jr., O’Brien admitted to the court that he failed to report nearly one million dollars in income from his business. O’Brien admitted that he kept two sets of business bookkeeping records, pocketed the cash and ultimately falsified his personal tax returns.
According to information presented to the court, in July 2011 an IRS review discovered that The Beach House was listed for sale, and that Kenneth O’Brien was maintaining two sets of bookkeeping records. One set was the true record of the business’s income, the second was fictitious for the purpose of third party disclosures necessary to maintain and operate the business. During a meeting with an undercover agent, O’Brien explained that he skimmed cash from the business. The defendant told the agent, “… I steal five to ten thousand a month. On a slow month five, on a good month ten.”
According to information presented to the court, between 2007 and 2010, O’Brien failed to disclose $929,095 in income from the business and failed to pay to the IRS $171,990 in taxes, plus any interest and penalties.
O’Brien is scheduled to be sentenced onSeptember 2, 2014. Tax evasion is punishable by a statutory penalty up to 5 years in federal prison and a fine of up to $100,000.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose, with the assistance of Assistant U.S. Attorney Terrence P. Donnelly.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Grand Jury Indicts Providence Landlord in Alleged Arson-for-Hire SchemeRead the Press Release
PROVIDENCE, R.I. – A federal grand jury returned a nine-count superseding indictment on Tuesday charging a Providence landlord with allegedly masterminding an arson-for-hire conspiracy which resulted in an occupied multi-family dwelling in Providence that he owned being damaged by fire and the collection of $8,000 in insurance payments, announced United States Attorney Peter F. Neronha; Daniel J. Kumor, Special Agent in Charge of the Boston Field Divisionof the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF); and Providence Public Safety Commissioner Steven M. Paré.
Kormahyah Karmue, 39, of, Providence, was ordered detained in federal custody following his arraignment before U.S. District Court Magistrate Judge Patricia A. Sullivan late Tuesday afternoon on charges of conspiracy to commit arson, arson, wire fraud, mail fraud and theft of U.S. government funds. A not guilty plea was entered on Karmue’s behalf.
According to the indictment, it is alleged that Karmue conspired with three others to maliciously damage and destroy by means of fire and explosion a multi-family residence he owned at 31-33 Ida Street in Providence, and that he allegedly devised a scheme in which he defrauded the Allstate Insurance Company of $8,000 in insurance payments.
Additionally, according to the indictment, it is alleged that between July 2009 and August 2011, Karmue fraudulently obtained $61,250 in federally funded unemployment insurance payments from the Rhode Island Department of Labor and Training. It is alleged that Karmue falsely represented that he was unemployed when in fact he was self-employed, engaging in the business of transporting cargo for a fee. Information pertaining to Karmue’s self-employment and alleged unemployment compensation were discovered during the investigation into the alleged arson-for-hire conspiracy.
Three co-defendants charged in this matter remain detained in federal custody. Abraham Kerkula, 20, and Nakele Freeman, 19, both of Providence, were arrested in November 2013 and have since pleaded guilty to charges of conspiracy to commit arson and arson affecting interstate commerce. They are awaiting sentencing.
Gbabia Kollie, 27, of Johnston City, Tenn., who was removed from an outbound international flight leaving Atlanta for Liberia and arrested by ATF agents on December 5, 2013, and ordered detained by the court on a criminal complaint charging him with conspiracy to commit arson and arson affecting interstate commerce, is scheduled to be arraigned on charges contained in the superseding indictment on May 29.
An indictment and a 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 cases are being prosecuted by Assistant U.S. Attorney William J. Ferland.
The investigation was conducted by ATF, the Providence Fire Department Arson Squad and the Providence Police Department Detective Bureau.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Appeals Court Upholds Conviction of Woonsocket Drug Trafficking Conspiracy LeaderRead the Press Release
PROVIDENCE, R.I. – The First Circuit Court of Appeals today upheld the conviction of Robert O. Robinson, 32, of Woonsocket, for running a crack cocaine trafficking conspiracy out of a Woonsocket bar, announced United States Attorney Peter F. Neronha. Robinson was convicted by a federal court jury in June 2012 of conspiracy to distribute 280 grams or more of crack cocaine and ten counts of distribution of crack cocaine. He was sentenced in June 2012 by U.S. District Court Judge Mary M. Lisi to 22 years in federal prison.
In a 35-page decision, the Court of Appeals dismissed Robinson’s claims of the pre-trial deprivation of his Sixth Amendment right to counsel of his choice, coupled with a claim that the district court trial judge erred in refusing Robinson’s numerous requests for continuances. Robinson, who had previously dismissed attorneys appointed by the court, represented himself at trial.
According to the government’s evidence presented at trial, Robinson led a crack cocaine trafficking conspiracy out of Talus Bar in Woonsocket. During the course of a three-month investigation by ATF and Woonsocket Police, a confidential informant repeatedly went to the bar and placed orders for crack cocaine. The evidence showed that the drugs would be delivered by Robinson or one of his co-defendants. Many of the transactions were electronically recorded.
Four co-defendants charged in this matter pleaded guilty in federal court to drug distribution charges and were sentenced to sentences ranging from 1 year and one day to 60 months in federal prison.
The drug trafficking conspiracy was uncovered during a joint investigation by the United States Attorney’s Office, agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Woonsocket Police during an unrelated firearms and drug investigation in Woonsocket. That investigation led to the arrest of sixteen individuals and the seizure of more than three-dozen firearms.
In addition to being sentenced by U.S. District Court Judge Mary M. Lisi to 240 months in prison on conspiracy and drug charges, Robinson, who was on federal supervised release at the time of his arrest in June 2011, was also sentenced to a consecutive sentence of 24 months in federal prison for violating terms of his supervised release. Robinson was on federal supervised release for a previous drug trafficking conviction.
The cases against Robinson and his co-defendants were prosecuted in U.S. District Court by Assistant U.S. Attorneys Richard W. Rose and Ly T. Chin. The matter was argued before the First Circuit Court of Appeals by Assistant U.S. Attorney Donald C. Lockhart.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Cranston Man Convicted of Threatening to Assault and Kill IRS Agent and FamilyRead the Press Release
PROVIDENCE, R.I. – U.S. District Court Chief Judge William E. Smith on Friday found Andrew A. Calcione, 49, of Cranston, guilty of one count each of threatening to assault and murder an IRS revenue agent and threatening to assault and murder the agent’s family, announced United States Attorney Peter F. Neronha; J. Russell George, Treasury Inspector General for Tax Administration; and Robert E. O’Malley, Special Agent in Charge, Treasury Inspector General for Tax Administration, New York Field Division.
Chief Judge Smith delivered his verdict after taking under advisement testimony presented in a jury waived trial on May 21, 2014. Calcione faces a sentence of up to 20 years in federal prison when he is sentenced on September 11, 2014.
“The vast majority of Americans understand the payment of their federal taxes is part of their civic responsibilities. A very small number do not, and an even smaller number not only refuse to pay their taxes, but engage in the kind of outrageous, threatening, and frankly bizarre behavior involved here,” commented United States Attorney Peter F. Neronha. “This Office will continue to protect and seek justice for government officials simply trying to do their jobs on behalf of the people of the United States. Suffice it to say that we will be seeking the toughest, appropriate sentence in this case.”
"The Treasury Inspector General for Tax Administration works aggressively to protect IRS employees from individuals who seek to impair the integrity of tax administration by threatening harm or committing violent acts," said J. Russell George, the Treasury Inspector General for Tax Administration.
"Threats and assaults directed against IRS employees are investigated and pursued to the fullest extent of the law," said Special Agent in Charge O'Malley. "We will continue to place a priority on ensuring the safety of IRS employees by working towards the arrest, conviction, and sentencing of the perpetrators," he added.
According to the government’s evidence presented to the court, an IRS revenue agent was assigned to examine Calcione’s personal federal tax returns for years 2008, 2009 and 2010. As a result of the examination, the agent estimated that a $330,000 tax liability would be assessed against Calcione.
In April 2013, while continuing to work on the audit, the IRS revenue agent requested that Calcione and an ex-wife of Calcione sign a Consent to Extend Time to Assess Tax form. Calcione signed the form but his ex-wife had not. On July 12, 2013, the revenue agent left a voicemail message for Andrew Calcione inquiring as to the status of the executed form.
According to the government’s evidence and court documents, on July 15, 2013, an IRS revenue agent assigned to the Warwick office received two voicemail messages from Calcione. One of the messages contained a threat made by Andrew Calcione that if the agent called him again he would show up at the agent’s home and torture the agent, then rape and kill his wife and injure his daughter while the agent watched, before killing the agent. A second message left by Calcione requested that Calcione disregard the first message, which Calcione said was left in error.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.Knowingly and intentionally threaten to assault and murder a Revenue Agent of the IRS with intend to interfere with the official in the performance of official duties and knowingly and intentionally threaten to assault and murder a member of the immediate family of a Revenue Agent of the IRS are each punishable by statutory penalties of up to 10 years in federal prison and a fine of up to $250,000.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Tiverton Resident Faces up to Life in Federal Prison on Drug Trafficking, Firearm ChargesRead the Press Release
PROVIDENCE, R.I. – Ian D. Andrade, 37, of Tiverton, faces statutory penalties of up to life in federal prison when he is sentenced by U.S. District Court Judge John J. McConnell, Jr., on August 7, 2014, having pleaded guilty on Wednesday to trafficking cocaine and possessing a firearm in furtherance of a drug trafficking crime, announced United States Attorney Peter F. Neronha and Newport Police Chief Gary T. Silva.
Andrade was arrested by Newport Police on November 8, 2013, after officers stopped and executed a court authorized search of Andrade’s vehicle which resulted in the seizure of approximately 400 grams of cocaine packaged for sale, a loaded firearm and more than $4,400 in cash.
According to information presented to the court, during the fall of 2013, members of the Newport Police Department Vice Unit were conducting an investigation into Andrade’s alleged drug trafficking activities. Detectives developed information that Andrade was using a vehicle with a hidden compartment inside to facilitate his drug trafficking activities.
According to information presented to the court, on November 8, 2013, members of the Newport Police Department observed Andrade and a juvenile female, his girlfriend’s daughter, enter the vehicle outside a Newport residence and drive away. A uniformed Newport Police officer stopped the vehicle a short time later and advised Andrade of a court authorized search warrant for the vehicle. Andrade turned over two envelopes containing $4,435 in cash.
According to information presented to the court, the vehicle was towed to the Newport Police Department and searched. Investigators seized a loaded handgun and a plastic container with approximately 400 grams of cocaine packaged for sale in quantities consistent with distribution from inside a hidden compartment located behind the front passenger seat.
According to information presented to the court, after being advised of his constitutional rights, Andrade made a recorded statement to investigators admitting to possessing the cocaine and the firearm seized from the vehicle. Andrade told investigators that he used the firearm to protect his drugs. He also stated that the $4,435 in cash seized was drug money.
Possession of cocaine with the intent to distribute is punishable by a statutory penalty up to 20 years in federal prison and a fine of up to $1,000,000. Possessing a firearm in furtherance of a drug trafficking crime is punishable by a statutory penalty of up to life imprisonment with a mandatory minimum sentence of 5 years in federal prison, to run consecutive to the sentence imposed for possession of cocaine with the intent to distribute, and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.The Rhode Island DEA Drug Task Force assisted Newport Police in this matter.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Wyatt Detention Facility Detainee Convicted of Possession of Makeshift Weapon in PrisonRead the Press Release
PROVIDENCE, R.I. – A federal court jury in Providence today convicted Ernesto Monell, 36, of Taunton, Mass., with possession of contraband - a makeshift weapon, while incarcerated at the Donald W. Wyatt Detention Facility in Central Falls, R.I., announced United States Attorney Peter F. Neronha and United States Marshal Jamie A. Hainsworth.
According to the government’s evidence presented to the jury, on August 16, 2013, correctional officers assigned to the L-Pod at the Wyatt Detention Facility observed a disturbance break out involving numerous detainees attacking one another. Monell was observed attacking two or more detainees using a homemade weapon/shank. The disturbance was recorded on the facility’s video surveillance system. Monell can be seen on the video, which was introduced as evidence and played for the jury, swinging his arm in a stabbing type motion. An object can be seen in his hand.
According to the government’s evidence, the correctional staff brought the situation under control by using chemical spray, and noted that Monell suffered injuries to his hand consistent with holding a makeshift type weapon. A search of the L-Pod was undertaken and a makeshift weapon/shank was recovered from a second tier waste can. A correctional officer who first observed the disturbance break out identified the item as the weapon Monell was using to carry out his assaults.
Detainees who were seen on the video being struck by Monell were examined and found to have puncture and scratch like injuries consistent with having been inflicted by the shank.
At the time of the incident, Monell was detained at the Wyatt Detention Facility on a charge of being a felon in possession of a firearm brought by the U.S. Attorney’s Office for the District of Massachusetts.
Monell is scheduled to be sentenced by U.S. District Court Judge William E. Smith on September 12, 2014. Possession of contraband in prison is punishable by a statutory penalty up to 3 years in federal prison and a fine of up to $250,000.The case is being prosecuted by Assistant U.S. William J. Ferland.
The matter was investigated by the Wyatt Detention Center Investigative Unit, with the assistance of the United States Marshals Service.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Cranston, West Warwick Businessman Charged in Federal Court with Possession with the Intent to Distribute “Bath Salts”Read the Press Release
PROVIDENCE, R.I. – Glen Lonardo, 48, of Cranston, owner of Buddha’s Bazaar in Cranston and XCitement Video and Smoke Shop in West Warwick, appeared before U.S. District Court Judge Lincoln D. Almond today on a federal criminal complaint charging him with allegedly possessing synthetic drugs with the intent to distribute, announced United States Attorney Peter F. Neronha, John J. Arvanitis, Special Agent in Charge of the DEA’s New England Field Division, Cranston Acting Police Chief Rhode Island State Police Captain Kevin M. Barry and West Warwick Police Chief Colonel Richard G. Silva.
Lonardo’s arrest earlier today by members of the RI DEA Drug Task Force follows a year-long investigation by the Drug Task Force, Cranston Police and West Warwick Police into the alleged sale of “bath salts” at Lonardo’s Cranston and West Warwick businesses. Lonardo’s arrest is one of more than 150 DEA led arrests of alleged synthetic drug makers, wholesalers and retailers in 30 states over the past two days.
Lonardo is charged with one count of possession with intent to distribute a mixture and substance containing a detectable amount of: a-Pyrrolidinovalerophenone (a-PVP), an analog of methylenedioxypyrovalerone (MDV), a Schedule I controlled substance, commonly referred to as “bath salts.” Bath salts is a generic term applied to a variety of chemical substances sold under various names for purported use as bath salts, glass cleaner, or incense (among other things) but which is being consumed, smoked or injected by drug addicts to experience a “high.” The various chemical substances are often scheduled drugs or analogues of scheduled drugs.
According to an affidavit filed with the court, Cranston Police began an investigation into the alleged distribution and use of “bath salts’’ in the early spring and summer of 2013, after receiving numerous complaints of apparent drug overdoses and erratic behavior in the general vicinity of Buddha’s Bazaar. The investigation, including surveillance of the area and alleged undercover purchases of bath salts called “Nuke” from Buddah’s Bazaar, resulted in a federal court authorized search of the business in August 2013. During the execution of the search warrant, law enforcement seized nearly 200 packets and bags of bath salts, some labeled Nuke, Krush, Frenzy and Blast.
According to the affidavit, following the execution of the search warrant at Buddha’s Bazaar, the investigation into the alleged sale of bath salts was expanded to include Lonardo’s West Warwick business, XCitement Video and Smoke Shop. The investigation allegedly included numerous undercover purchases of bath salts by West Warwick Police.
According to the affidavit, on January 17, 2014, West Warwick Police responded to a reported breaking and entering at XCitement Video and Smoke Shop. While processing the alleged burglary, West Warwick Police allegedly came across numerous packages labeled “Nuke.” West Warwick Police applied for, received and then executed a court authorized search warrant for XCitement Video and Smoke Shop. Additional bath salts were allegedly seized during the search and Lonardo was arrested on state drug charges.
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.Lonardo was released on $10,000 unsecured bond following his initial appearance in U.S. District Court.
Possession with the intent to distribute a mixture containing a detectable amount of a Schedule I controlled substance is punishable by a statutory penalty up to 20 years in federal prison and a fine of up to $1,000,000.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Court Jury Convicts North Providence Resident of Threatening to Assault and Murder Internal Revenue Service AgentsRead the Press Release
PROVIDENCE, R.I. – Kenneth M. Delashmutt, 70, of North Providence, R.I., faces up to 10 years in federal prison when he is sentenced in July, having being convicted today by a federal court jury in Providence of threatening to assault and murder two Internal Revenue Service agents, announced United States Attorney Peter F. Neronha and Robert E. O’Malley, Special Agent in Charge, Treasury Inspector General for Tax Administration, New York Field Division.
According to the government’s evidence presented at trial, an IRS agent from the agency’s Warwick, R.I., office had several telephone conversations with Delashmutt in April 2013 in an effort to resolve the defendant’s status as a “non-filer,” someone who had failed to file federal tax returns from at least 2005 through 2010. Delashmutt insisted that he believed he was not subject to the jurisdiction of the IRS.
According to the government’s evidence, on April 11, 2013, an agent interviewed Delashmutt at the IRS Warwick office, the first time the agent met face-to-face with the defendant. A supervisor sat in on the interview because of concerns for the safety of her office. During the meeting, Delashmutt stated that he intended to go to the agents’ homes to take their photographs and he threatened to file lawsuits against both agents after he was prohibited from taking their photographs while in the IRS office.
The next day, based on a report of the incident at the IRS office, agents from the Treasury Inspector General’s office attempted to interview Delashmutt at his North Providence residence. Delashmutt slammed the door closed, refusing to be interviewed.
According to the government’s evidence, on May 2, 2013, the supervising agent at the Warwick office of the IRS received a certified letter from Delashmutt. Included in the letter was a statement from Delashmutt that he did not believe that IRS agents had the authority to act upon anyone, or deprive anyone of liberty or property, and if they were to attempt to act outside their specific authority and make an arrest or take property, they would be committing a felony. He further stated that a citizen has the duty, “to prevent the commission of a felony if he can, by whatever means which may be required, including the use of deadly force.”
According to information presented to the court, at the time of Delashmutt’s arrest in September 2013, agents seized a loaded pistol-grip shotgun located immediately inside of the front door of Delashmutt’s residence.
Delashmutt, who remains free on $3,000 bond, is scheduled to be sentenced by U.S. District Court Judge Mary M. Lisi on July 31, 2014. Delashmutt has been ordered by the court to have no contact with the IRS agents from the Warwick office whom he threatened.
The case is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]New York Resident Charged in Federal Court in Rhode Island with Allegedly Using Stolen Identities and Fraudulent Credit Cards to Purchase over $156,000 Worth of Gift CardsRead the Press Release
PROVIDENCE, R.I. – Yvener Jean-Baptiste, 27, of Brooklyn, N.Y., has been charged in federal court in Providence, R.I., with allegedly obtaining more than $156,000 in Target and Wal-Mart gift cards by allegedly using stolen identities and fraudulent credit cards, announced United States Attorney Peter F. Neronha, Ted A. Arruda, Resident Agent in Charge of the Providence Office of the U.S. Secret Service, and Lincoln Police Chief Brian W. Sullivan.
According to an affidavit in support of an arrest warrant filed with the court, it is alleged that on at least five occasions between November 1 and November 30, 2013, Jean-Baptiste purchased gift cards totaling $156,157.62 at Target stores in Lincoln, the Warwick Mall and on Bald Hill Road in Warwick, and at a Wal-Mart store in Warwick. The purchases were allegedly made using counterfeit credit cards with account numbers belonging to other individuals. The alleged purchases were made without the knowledge or permission of the credit card owners.
According to the affidavit, Jean-Baptiste returned to the Target store in Lincoln on November 30, 2013, one day after he and another person allegedly purchased $75,894.01 worth of Target gift cards using 6 counterfeit credit cards. He allegedly returned to the store in a vehicle previously identified by a Target employee as being driven by the individuals who allegedly committed credit card fraud the previous day. A search of the vehicle by Lincoln Police resulted in the seizure of 10 counterfeit credit cards, a counterfeit driver’s license and multiple Target gift cards.
According to the affidavit, the investigation into Jean-Baptiste’s alleged fraudulent activities resulted in the discovery of additional purchases of gift cards using fraudulent credit cards on November 1, 2013, at Target stores at the Warwick Mall and on Bald Hill Road in Warwick, and on November 22, 2013, at the Target store at the Warwick Mall and at a Wal-Mart store in Warwick.
According to the affidavit, during an interview with Lincoln Police, Jean-Baptiste allegedly told police that he typically received $200 for every $800 fraudulent transaction he conducted. Jean-Baptiste told police he provided the gift cards to another individual in New York.
Yvener Jean-Baptiste has been charged by way of a criminal complaint with one count each of credit card fraud and aggravated identity theft. Not guilty pleas were entered during his initial appearance on May 1, 2013, before U.S. District Court Magistrate Judge Lincoln D. Almond. Jean-Baptiste was release to home confinement with electronic monitoring and $100,000 bond.
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.
Credit card fraud is punishable by a statutory penalty up to 10 years in federal prison and a fine of up to $250,000. Aggravated identity theft is punishable by a mandatory penalty of 2 years in federal prison, consecutive to all other terms of imprisonment imposed.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Criminal Complaint Charges North Smithfield Resident with Allegedly Possessing and Distributing Child PornographyRead the Press Release
PROVIDENCE, R.I. – Derek Felicio, 41, of North Smithfield, R.I., was ordered detained in federal custody on Thursday pending a detention hearing later today on charges of allegedly possessing and distributing child pornography, announced United States Attorney Peter F. Neronha and Bruce M. Foucart, Special Agent in Charge of Homeland Security Investigations (HSI) in New England.
Felicio was arrested on Thursday following an investigation by HSI agents into Felicio’s alleged possession and distribution of child pornography.
According to information presented to the court, in March 2013, Felicio allegedly contacted an undercover HSI agent in Salt Lake City, UT, on a website which is purported to contain and share images of child pornography. During an exchange of emails, Felicio allegedly sent HSI agents 9 photographs depicting the lascivious display of prepubescent girls. Further investigation by HSI agents revealed that the images were allegedly sent from an IP address in North Smithfield, R.I.
In October 2013, Felicio provided oral and written consent to HSI agents in Rhode Island for the seizure and search of two computers at Felicio’s residence. A forensic examination of the computers conducted by the Rhode Island State Police Internet Crimes Against Children task force resulted in the identification of approximately 90,000 images and 555 videos depicting child pornography.
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.
Distribution of child pornography is punishable by a statutory penalty of a minimum of 5 years and up to 20 years imprisonment and a fine of up to $250,000. Possession of child pornography is punishable by a statutory penalty of up to 20 years in federal prison and a fine of up to $250,000.
The case is being prosecuted by Assistant U.S. Attorney Lee H. Vilker.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Rhode Island Business Owner, Wife and Company Indicted for Allegedly Marketing and Selling Unapproved Remedies for Cancer Mitigation and Treatment, Tax EvasionRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence on Tuesday returned a twenty-four count indictment alleging that a Portsmouth, R.I., business, its owner and his wife marketed and sold in excess of $2,000,000 dollars worth of products not approved by the federal Food and Drug Administration (FDA) as cancer mitigation and treatment options, announced United States Attorney Peter F. Neronha, Assistant Attorney General Kathryn Keneally of the Justice Department's Tax Division, Mark Dragonetti, Special Agent in Charge, FDA Office of Criminal Investigations, and William P. Offord, Special Agent in Charge of IRS Criminal Investigation.
According to the indictment, it is alleged that Daniel Chapter One, a Portsmouth, R.I., based company, its owner, James Feijo, and his wife Patricia Feijo, engaged in the marketing and in the sale and distribution of unapproved health products and supplements 7 Herb Formula, Bio Shark and GDU, which were not generally recognized as safe and effective for use by the FDA. Additionally, the indictment alleges that the products, as marketed, were not generally recognized as safe and effective by qualified experts for the cure, mitigation, treatment, or prevention of cancer. The products were allegedly marketed and sold through various websites, in-store advertisements, a call center, on the Feijos’ daily radio program, and through the use of promotional materials and publications.
In addition, it is alleged that from 2006 through 2011, James Feijo falsely represented to Daniel Chapter One employees that they were independent contractors, when in truth they were employees of Daniel Chapter One. It is alleged that during that time, James Feijo failed to issue IRS Wage and Tax Statements, Forms W-2, accounting for employees’ wages and taxes withheld; through 2011, Daniel Chapter One paid employees through checks written out to cash; and that James Feijo, for at least sixteen quarters, failed to collect, account for and pay over employment taxes due the United States.
In addition, as charged in the indictment, it is alleged that for at least two years James Feijo failed to file individual tax returns with the IRS.
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 defendants will be summoned by the U.S. District Court in Providence for arraignment on a date yet to be determined.
The case is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly of the District of Rhode Island and Trial Attorney Jessica N. Moran of the Justice Department’s Tax Division.
The matter was investigated by members of the Rhode Island FDA Task Force from the North Providence and East Providence, R.I., Police Departments, R.I. State Police and R.I. National Guard, and by IRS- Criminal Investigation.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Seven Charged in Alleged Stolen Identity Tax Refund Fraud SchemesRead the Press Release
PROVIDENCE, R.I. – Seven individuals allegedly involved in tax refund fraud schemes which used stolen and fraudulent identities to defraud the Internal Revenue Service of more than $1.6 million dollars have been charged in federal court in Providence, announced United States Attorney Peter F. Neronha. Four individuals have pleaded guilty and a fifth is expected to plead guilty next week. Two defendants are awaiting trial.
Government reports indicate that losses due to Stolen Identity Refund Fraud – commonly referred to as SIRF – totals in the billions of dollars. In the last year alone, the Department of Justice and U.S. Attorney’s offices have charged more than 880 defendants for their involvement in SIRF schemes. The IRS resolved and closed approximately 963,000 SIRF cases.
“The allegations in these cases are another stark reminder that in the digital age, it is easier than ever to commit fraud against the taxpayers both as a whole and individually. Combatting such criminal behavior requires constant vigilance – on the part of law enforcement and private citizens alike. Safeguarding personal information is a critical ingredient in defeating the kind of brazen schemes involved here,” commented United States Attorney Peter F. Neronha. “I want to thank HSI, the Secret Service, the IRS, and the Rhode Island State Police, who have been the leaders in the investigation of these types of sophisticated, computer related crimes, particularly in Rhode Island. They do this kind of work incredibly well.”
According to court documents and information presented to the court, in January 2013, Homeland Security Investigations (HSI) agents in Boston conducted a routine border search of Jairo Morales, 29, of Providence, who was flying in from the Dominican Republic. In a laptop computer agents allegedly identified evidence consistent with a tax refund fraud scheme.
Through additional investigation by IRS-Criminal Investigation (IRS-CI), U.S. Secret Service and HSI, evidence was developed that Morales and Julianna Martins, 45, of Providence, allegedly orchestrated a stolen identity tax refund scheme which resulted in the filing of false federal income tax returns using allegedly stolen personal identity information of hundreds of individuals from Puerto Rico and fictitious W-2 forms from various companies. Fraudulently obtained tax refund checks ranging from approximately $3,000 to $10,000 were sent to multiple Providence addresses allegedly under their control. Martins, Morales, Lucia Morales, 55, of Providence, and Casmiro Santos, 36, of Providence, and others allegedly deposited United States Treasury checks totaling in excess of $596,000 into accounts allegedly controlled by the defendants. Each defendant is criminally responsible for a subset of that amount to be determined by the court.
Additionally, it is alleged in court documents that Maria Paulino, 25, of Providence, a bank teller, assisted Martins in opening bank accounts using fraudulent identity information and negotiated checks on behalf of Morales, Martins, and their associates.
Julianna Martins and Jairo Morales have pleaded guilty to conspiracy, theft of government property and aggravated identity theft. At sentencing they face statutory penalties of up to 15 years in federal prison, with a mandatory minimum sentence of 2 years imprisonment; $500,000 in fines; 3 years supervised release; and restitution to the United States Treasury.
Lucia Morales and Maria Paulino have pleaded guilty to theft of government property. At sentencing they face statutory penalties of up to 10 years imprisonment; $250,000 fine; 3 years supervised release; and restitution to the United States Treasury.
According to a signed plea agreement filed with the court, Casmiro Santos has agreed to plead guilty to charges of theft of government property and aggravated identity theft. He is scheduled to be arraigned on April 21, 2014.
Julianna Martins, Jairo Morales, Lucia Morales and Maria Paulino are scheduled to be sentenced in U.S. District Court the week of June 23rd.
In a separate matter, according to court documents and information presented to the court, in January 2012, Richard Lara, 22, of Providence, and Julian Balbi, 22, of Providence, were arrested by Rhode Island State Police during a traffic stop. A search of their vehicle resulted in the discovery of approximately 87 United States treasury checks totaling approximately $596,000.
According to court documents, further investigation by the IRS-CI, U.S. Secret Service, and R.I. State Police developed evidence that Lara and Balbi allegedly orchestrated a stolen identity tax refund scheme with intended losses in excess of $1,000,000 by using stolen personal identity information of approximately 1,300 individuals.
An indictment was returned February 26, 2014, charging Lara and Balbi with conspiracy, theft of government property and aggravated identity theft. In convicted, they face statutory penalties of up to 15 years imprisonment, with a mandatory minimum sentence of 2 years imprisonment; $500,000 in fines; up to 3 years supervised release; and restitution to the United States Treasury. They have pleaded not guilty to the charges contained in the indictment and are awaiting trial.
An indictment and information 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 cases are being prosecuted by Assistant U.S. Attorneys Sandra R. Hebert and John P. McAdams.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Two Indicted on Conspiracy, Hobbs Act Robbery and Firearm Charges in Alleged Robbery and Shootout in Woonsocket ResidenceRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence has returned a three-count indictment charging Tyronne Seams, 28, of Woonsocket, R.I., and David Bunnell, 21, of Franklin, Mass. with allegedly participating in a conspiracy and Hobbs Act Robbery and with discharging firearms during a crime of violence during an alleged robbery and shootout inside a Woonsocket residence in September 2013. If convicted, the defendants face a mandatory minimum of 10 years and up to life in federal prison.
The indictment, which charges Seams and Bunnell with one count each of conspiracy to commit Hobbs Act robbery, Hobbs Act robbery and use and discharge of a firearm in furtherance of crimes of violence, was announced by United States Attorney Peter F. Neronha and Woonsocket Police Chief Thomas S. Carey.
According to documents filed with the court, in the early morning hours of September 12, 2013, Woonsocket Police responded to reports of gunfire at a multi-family residence. Upon arrival, Woonsocket officers encountered Seams and Bunnell allegedly attempting to leave the building. As police arrived, Seams and Bunnell allegedly fled back inside the building.
According to court documents, officers located Bunnell in the basement where they also seized a sawed-off shotgun and a 9mm semi-automatic pistol. Seams was located on the floor of a second floor landing suffering from an apparent gun shot. Police seized a packet containing approximately 80 grams of cocaine from Seams’ pocket and a .41 caliber revolver was located nearby.
According to court documents, inside a second floor apartment officers discovered a substantial amount of blood; numerous spent shell casings from at least two firearms; bullet holes in the kitchen counter, bathroom door and bathroom wall; an individual with a head wound from blunt force trauma; and materials allegedly associated with the preparation and sale of drugs. Another individual who allegedly suffered a gunshot wound while at the residence made his way out of the building before police arrived and drove himself to a nearby hospital.
According to information presented to the court, the investigation revealed that Seams and Bunnell allegedly forcibly stole cocaine from inside the apartment and allegedly inflicted physical violence on persons inside the apartment in the course of the robbery.
Seams and Bunnell have been detained since their arrest. They are scheduled to be arraigned in U.S. District Court on April 16, 2014.
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 Milind M. Shah.
Woonsocket Police were assisted in the investigation of this matter by agents and officers from ATF, the DEA Drug Task Force, Rhode Island State Police, North Smithfield Police Department and the Franklin and Blackstone, Mass., Police Departments.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Department of Justice and Rhode Island Judiciary Enter into Agreement for Provision of Language Assistance Services in R.i. CourtsRead the Press Release
WASHINGTON – The Justice Department has reached an agreement with the Rhode Island Judiciary to ensure that limited English proficient (LEP) individuals will have access to timely and competent language assistance at no charge in all court proceedings, services and programs throughout the state court system.
As part of the agreement, the department approved the Rhode Island Judiciary’s Language Access Plan, which outlines the efforts to be undertaken in order to ensure comprehensive language assistance throughout the court system. The plan requires ongoing translations of forms and signs in court buildings into commonly spoken languages in Rhode Island, such as Spanish, Portuguese, Cambodian and Cape Verdean. The Rhode Island Judiciary also created a Notice of Right to Language Assistance which states that the court will provide a competent interpreter for any limited English proficient party or witness at no charge, and explains the procedure to request an interpreter or a translation of the notice into other languages. The notice must be provided to each defendant in a proceeding and is available in multiple languages. In civil matters, the notice must be incorporated in or attached to the initial pleading to be served upon the defendant. In criminal matters, the notice must be incorporated in or attached to the initial charging documents provided to the defendant, in the forms completed by a bail commissioner or provided by the court at the defendant’s her initial court appearance. In addition, a language services complaint form is available in multiple languages on the court’s website, in the court clerk’s office and at the Office of Court Interpreters.
The plan was mandated in 2012 by Chief Justice Paul A. Suttell through an executive order that was issued after extensive consultation with the department. The Office of Court Interpreters and the Administrative Office of State Courts will review the effectiveness of the plan and consider changes to improve its policies and procedures on an annual basis. The plan includes an important requirement for input from and consultation with stakeholders. The agreement also requires additional steps to be taken by the court in consultation with the department and provides for at least two years of monitoring and technical assistance.
“Chief Justice Suttell, the Rhode Island Judiciary staff and the other Rhode Island stakeholders who contributed to this process are to be commended for their ongoing efforts and shared determination that justice and equality in Rhode Island courts not be restricted to those proficient in English,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division.
The complaint was resolved as part of the initiative by the Federal Coordination and Compliance Section (FCS) of the Civil Rights Division to ensure that state courts comply with the language access requirements of Title VI. To ensure that no LEP individual is denied justice due to a court’s failure to provide language services, the FCS Courts Team, led by Special Legal Counsel Christine Stoneman, provides policy guidance and technical assistance to state court systems and undertakes enforcement actions across the country. Recently, FCS released a Courts Language Access Planning and Assistance Tool and resolved a complaint with the King County Superior Court in Washington.
The Rhode Island matter was handled by FCS Attorney Paul M. Uyehara of the Civil Rights Division with the assistance of Assistant U.S. Attorney Ndidi N. Moses, who was serving as a Detail Attorney to FCS.
For more information about Title VI and the Safe Streets Act, or to obtain copies of the settlement documents, please visit this website.
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Contact: (202) 514-2007
Johnston Resident Pleads Guilty to Credit Card Fraud, Aggravated Identity Theft, Social Security FraudRead the Press Release
PROVIDENCE, R.I. – Henry A. Fellela, Jr., 56, of Johnston, pleaded guilty in federal court in Providence on Tuesday to charges that he fraudulently obtained the identity of a Smithfield resident and using that person’s identity and credit card to purchase more than $3,000 worth of goods. In addition, Fellela pleaded guilty to charges that he fraudulently obtained more than $58,000 in Supplemental Social Security benefits by falsely claiming he had no permanent home address while living with his wife and children in Johnston.
Appearing before U.S. District Court Judge John J. McConnell, Jr., Fellela pleaded as charged in a five-count indictment returned in July 2013 with one count each of credit card fraud, aggravated identity theft and Social Security fraud, and two counts of theft of government funds.
Fellela’s guilty plea was announced by United States Attorney Peter F. Neronha; Shelly Binkowski, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; Smithfield Police Chief Richard P. St. Sauveur, Jr.; and Scott E. Antolik, Special Agent in Charge of the Boston Field Office of the Social Security Administration, Office of the Inspector General/Office of Investigations.
According to information presented to the court, an investigation by U.S. Postal Inspectors and Smithfield Police revealed that Fellela stole the identity of a Smithfield resident and used that person’s identity and credit card to make numerous purchases including electronic goods and clothing totaling $3,077.13.
In addition, according to information presented to the court, an investigation by the Social Security Administration, Office of the Inspector General/Office of Investigations determined that from March 2004, approximately three months after Fellela was released from federal prison to begin serving a 21-month term of supervised release on an unrelated matter, and continuing until about June 1, 2012, Fellela collected Supplemental Social Security benefits totaling $58,207.34 after falsely reporting that he had no permanent address at the time he applied for and received the benefits.
Fellela, who was released on $50,000 unsecured bond to home incarceration with electronic monitoring following his arrest in July 2013, faces statutory penalties of up 10 years imprisonment, 3 years supervised release and a fine $250,000 on the charge of credit card fraud; up to 10 years imprisonment, 3 years supervised release and a fine $250,000 on each charge of theft of government property; 5 years imprisonment, 3 years of supervised release and a fine of $250,000 on the charge of Social Security fraud; and 2 years imprisonment for aggravated identity theft, to be served consecutive to all other sentences imposed.
The case is being prosecuted by Assistant U.S. Attorney Richard W. Rose.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Department of Justice Reaches Landmark Americans with Disabilities Act Settlement Agreement with Rhode IslandRead the Press Release
FOR IMMEDIATE RELEASE CRT
TUESDAY, APRIL 8, 2014 (202) 514-2007
WWW.JUSTICE.GOV TTY (866) 544-5309WASHINGTON – The Justice Department announced today that it has entered into a statewide settlement agreement that will resolve violations of the Americans with Disabilities Act (ADA) for approximately 3,250 Rhode Islanders with intellectual and developmental disabilities (I/DD). The landmark ten year agreement is the nation’s first statewide settlement to address the rights of people with disabilities to receive state funded employment and daytime services in the broader community, rather than in segregated sheltered workshops and facility-based day programs. Approximately 450,000 people with I/DD across the country spend their days in segregated sheltered workshops or in segregated day programs. The agreement significantly advances the department's work to enforce the Supreme Court's decision in Olmstead v. L.C, which requires persons with I/DD be served in the most integrated setting appropriate.
As a result of the settlement, 2,000 Rhode Islanders with I/DD who are currently being served by segregated programs will have opportunities to work in real jobs at competitive wages. Additionally, over the next ten years, 1,250 students with I/DD will receive services to help transition into the workforce.
“Today’s agreement will make Rhode Island a national leader in the movement to bring people with disabilities out of segregated work settings and into typical jobs in the community at competitive pay,” said Acting Assistant Attorney General Jocelyn Samuels for the Civil Rights Division. “As Rhode Island implements the agreement over the next ten years, it will make a dramatic difference in the lives of people with disabilities, businesses and communities across the state. We congratulate Governor Chafee and state officials for signing this agreement, as we believe that Rhode Island will be a model for the nation with respect to integrated employment for people with disabilities.”
“The filing of today’s consent decree is a critically important event in Rhode Island history,” said U.S. Attorney Peter F. Neronha for the District of Rhode Island. “It ushers in a new day of opportunity – opportunity for Rhode Island residents with intellectual or developmental disabilities to live, work and spend their recreational time alongside their fellow Rhode Islanders. It is an opportunity for this State to move forward; to recognize, finally, that we are better, stronger, when all of us – all of us –are interwoven in the fabric that is Rhode Island.”
Under the agreement, Rhode Island has agreed to provide:
- Supported employment placements that are individual, typical jobs in the community, that pay at least minimum wage, and that offer employment for the maximum number of hours consistent with the person’s abilities and preferences, amounting to an average of at least 20 hours per week across the target population;
- Supports for integrated non-work activities for times when people are not at work including mainstream educational, leisure or volunteer activities that use the same community centers, libraries, recreational, sports and educational facilities that are available to everyone;
- Transition services for students with I/DD, to start at age 14, and to include internships, job site visits and mentoring, enabling students to leave school prepared for jobs in the community at competitive wages;
- Significant funding sustained over a ten year period that redirects funds currently used to support services in segregated settings to those that incentivize services in integrated settings.
The ten year agreement will allow the state to ensure that the services necessary to support individuals with I/DD in competitive, integrated jobs will not disappear with a change in administration or legislative leadership. As a result of this commitment, the business community has already stepped up to partner with the state. The U.S. Business Leadership Network (USBLN), a network of Fortune 500 companies, and Walgreens will co-host a regional business summit in Rhode Island in June 2014 to explore how to improve those partnerships.
The agreement is the result of an ADA investigation that began in January 2013 into Rhode Island’s day activity service system for people with I/DD. The department, the state, and the City of Providence entered into an interim settlement agreement in June 2013. The interim settlement agreement focused on a single provider, which was one of the largest facility-based employment service providers in the state’s system, and a school-based sheltered workshop at a Providence, R.I., high school, which was a point of origin for many people entering the provider’s workshop.
The department continued its investigation of the statewide system, and in January 2014 issued findings determining that the statewide system over-relied on segregated services, to the exclusion of integrated alternatives, in violation of the ADA. The department found workers with I/DD in settings where they had little or no contact with persons without disabilities, and where they earned an average wage of $2.21 per hour. The investigation found that workers typically remain in such settings for many years, and sometimes decades. The department also found that students in Rhode Island schools were often not presented with meaningful choices to participate in integrated alternatives, such as integrated transition work placements and work-based learning experiences, which put students at serious risk of unnecessary postsecondary placement in segregated sheltered workshops and facility-based day programs.
Since June 2013, the state and city have provided supported employment services to people with I/DD transitioning from the original two facilities covered by the interim settlement agreement. Many of these individuals have now accessed jobs in typical work settings where they can interact with non-disabled coworkers and customers, and enjoy the same employment benefits as their non-disabled peers. Individuals have secured jobs at both locally owned and national companies. Because of the interim settlement agreement, Pedro, an individual who transitioned from the in-school sheltered workshop to the adult workshop, where he earned just 48 cents an hour, is now making minimum wage working at a restaurant. Peter, another former sheltered workshop employee who was earning approximately $1.50 per hour, now has a job earning more than minimum wage working for the state as a custodian at a hospital. Louis has gone from earning sub-minimum wages performing rote tasks at the sheltered workshop to a full-time position at a state hospital, where he uses his strong computer skills and passion for mathematics to generate Excel reports, record time sheets, and complete other office tasks.
For more information on these individuals and others, please visit the Department’s Faces of Olmstead website.
Please visit www.ada.gov/olmstead to learn more about the Division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the laws enforced by the Justice Department’s Civil Rights Division.
Contact: 401-709-5357
[email protected]Career Criminal Sentenced to 10 Years in Federal PrisonRead the Press Release
PROVIDENCE, R.I. – Damien Gouse, 35, described at sentencing by the government as a career criminal with nearly 50 arrests who is currently serving a lengthy prison sentence in Massachusetts on felony assault charges, was sentenced by U.S District Court Judge John J. McConnell, Jr, on Tuesday to 10 years in federal for being a felon in possession of a firearm, announced United States Attorney Peter F. Neronha and Providence Police Chief Colonel Hugh T. Clements, Jr.
A federal court jury convicted Gouse in December 2013 on one count of being a felon in possession of a firearm. At trial, the government presented evidence that on November 29, 2007, at approximately 9:50 p.m., two Providence Police officers in a marked police cruiser conducted a routine traffic stop after observing a vehicle make two turns without using a turn signal. As the officers approached the vehicle they observed Gouse, who was alone in the vehicle, reach across the middle console of the vehicle toward the passenger side floor attempting to conceal an item. One of the officers illuminated the passenger area floor with a flashlight where he observed and then seized a .22 caliber handgun.
At sentencing, a prosecutor told the court that by his count Gouse had been arrested previously 47 times on a total of 99 charges.
The case was prosecuted by Assistant U.S. Attorneys Gerard B. Sullivan, Richard B. Myrus and Lee H. Vilker.
The matter was investigated by the Providence Police Department, with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Grand Jury Indicts Woonsocket Resident for Allegedly Trafficking Fentanyl, Heroin, Morphine & CodeineRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence on Wednesday returned a five-count indictment charging Alfredo Balestier-Sanchez, aka Negro, 32, of Woonsocket, with trafficking heroin, fentanyl, morphine and codeine, announced United States Attorney Peter F. Neronha, Woonsocket Police Chief Thomas S. Carey and John J. Arvanitis, Special Agent in Charge of the Drug Enforcement Administration’s New England field division.
Sanchez was arrested March 4, 2013, by members of the Woonsocket Police Department and the RI DEA Drug Task Force following a one month investigation into Sanchez’s alleged drug trafficking activities. According to court documents, it is alleged that several undercover drug purchases from Sanchez and a court authorized search of his Woonsocket residence resulted in the seizure of numerous packets containing various mixtures of fentanyl, heroin, morphine and codeine.
The indictment charges Sanchez with two counts of distribution of fentanyl; one count of distribution of a mixture containing heroin and fentanyl; one count of possession with the intent to distribute a mixture containing heroin and fentanyl; and one count of distribution of a mixture containing heroin, morphine and codeine.
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.
If convicted, Sanchez faces statutory sentences of up to 20 years in federal prison followed by 3 years to lifetime supervised release and a fine of up to $1,000,000 on each of the 5 charges contained in the indictment.
An arraignment date has not yet been scheduled for Sanchez who has been detained in federal custody since his arrest.
The DEA Drug Task Force is comprised of law enforcement agents and officers from the DEA, Rhode Island State Police, and the Cranston, East Providence, Newport, Pawtucket, Providence, South Kingstown, Warwick and Woonsocket Police Departments.
The case is being prosecuted by Assistant U.S. Attorney Pamela E. Chin.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Federal Grand Jury Indicts Former International Theatrical and Stage Employee Union Official for Allegedly Embezzling More Than $74,000 in Benefits & Union FundsRead the Press Release
PROVIDENCE, R.I. – A federal grand jury in Providence, R.I., on Wednesday returned a thirteen-count indictment charging John J. Brennan, 48, of Everett, Mass., a former Secretary Treasurer of Local 23 of the International Alliance of Theatrical Stage Employees (IATSE) in Rhode Island, with allegedly embezzling more than $74,000 in union and union employee benefit funds.
The indictment, which charges Brennan with three counts of embezzlement from a union fund, three counts of embezzlement from an employee benefit plan and seven counts of mail fraud was announced by United States Attorney Peter F. Neronha; Mark Neylon, District Director for the Office of Labor Management Standards, Boston-Buffalo District Office; Cheryl Garcia, Acting Special Agent in Charge of the New York Region for the Office of Inspector General, Office of Labor Racketeering and Fraud Investigations; and Susan Hensley, Regional Director of the Employee Benefits Security Administration, Boston Regional Office.
According to the indictment, it is alleged that, while serving as administrator of IATSE’s Local 23 Health & Welfare fund between January 2006 and December 2011, Brennan embezzled $33,546.82 in union funds and $40,510.38 in benefit funds. The indictment alleges that Brennan deposited most of the money into a secret bank account unbeknownst to Local 23 officials and that he allegedly deposited some of the embezzled funds into his own personal bank accounts.
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. John Brennan has been summoned to appear on March 28, 2014, for arraignment in U.S. District Court in Providence on a date yet to be determined.
If convicted, Brennan faces statutory penalties of up to 20 years in federal prison to be followed by up to 3 years supervised release and a fine of up to $250,000 on each charge of mail fraud; and up to 5 years in federal prison to be followed by up to 3 years supervised release and a fine of up to $250,000 on each charge of embezzlement from a union fund and embezzlement from an employee benefit plan.
The case is being prosecuted by Assistant U.S. Attorney Sandra R. Hebert.
The matter was investigated by the United States Attorney’s Office and the U.S. Department of Labor’s Office of Labor Management Standards and Employee Benefits Security Administration, and Office of Inspector General, Office of Labor Racketeering and Fraud Investigations.
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To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
[email protected]Cumberland Resident Admits to Armed Bank Robberies in Cumberland and CranstonRead the Press Release
PROVIDENCE, R.I. – Joseph G. Petrarca, 50, of Cumberland, R.I., faces statutory penalties of up to 45 years in federal prison after pleading guilty in U.S. District Court in Providence to robbing two banks within twenty days while claiming to be armed with a gun, announced United States Attorney Peter F. Neronha, Cranston Acting Police Chief Rhode Island State Police Captain Kevin M. Barry, Cumberland Police Chief John R. Desmarais and Vincent B. Lisi, Special Agent in Charge of the Boston Field Office of the FBI.
Appearing before U.S. District Court Chief Judge William E. Smith, Petrarca admitted to the court that he robbed a Citizens Bank branch office in Cumberland on December 26, 2012, of $1,764 and that he robbed a Washington Trust Company branch office in Cranston of $9,595 on January 15, 2013. In both instances, Petrarca handed bank tellers a threatening note claiming that he was armed with a gun.
According to information presented to the court, a note handed to a teller at the Washington Trust Company by Petrarca read in part, “I have a gun and I will shoot you.” It further warned, “Watch my hand it has a gun in it.” The teller told police that the robber displayed the handle of a gun which he pulled out from a satchel or briefcase he was holding. Petrarca also handed a note to a teller during the robbery of the Citizens Bank branch office claiming that he was armed. However, no gun was displayed.
According to information presented to the court, on January 19, 2013, based upon information developed in their investigation, Cranston police obtained a warrant to arrest Petrarca for the Washington Trust Company robbery. The following day, officers watched Petrarca as he drove away from his Cumberland home. He was arrested a short time later as he exited Route 95 in Providence.
Following Petrarca’s arrest, Cumberland police officers conducted a court authorized search of Petrarca’s home where they seized jeans, identical to those worn by in the Citizens Bank robbery, along with sweatshirts matching those worn in both bank robberies. Fingerless gloves similar to those used in the Citizens Bank robbery and a knit hat similar to that worn in the Washington Trust robbery were seized from Petrarca’s car. A piece of red stained floor carpeting from the vehicle matched the dye used in bank dye packs.
According to a plea agreement filed in this matter, the government will recommend to the court that Petrarca, who pleaded guilty to two counts of armed bank robbery, be sentenced to up to12 years in federal prison when he is sentenced on June 6, 2014.
The case, which was charged by retired Assistant U.S. Attorney Kenneth P. Madden, is being prosecuted by Assistant U.S. Attorney Gerard B. Sullivan.
The FBI assisted Cranston and Cumberland Police in the investigation of this matter.###
To assist the media and the public, a glossary of federal judicial terms and procedures is available at http://www.justice.gov/usao/justice101/
Contact: 401-709-5357
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