Eastern District of Texas
Press releases recorded for this federal judicial district.
Gregg County Man Sentenced for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas – A 29-year-old Kilgore, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Andrew Jonathan Hearnsberger pleaded guilty on May 16, 2017, to conspiracy to distribute and possession with intent to distribute heroin and was sentenced to 60 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on Jan. 10, 2017, law enforcement agents executed a federal arrest warrant for Hearnsberger in Kilgore as a result of an investigation into illegal drug trafficking in the area. The arrest resulted in the seizure of $14,624 in cash, heroin, marijuana, and multiple firearms. Hearnsberger was indicted by a federal grand jury on Dec. 14, 2016, and charged with federal drug trafficking violations.
This case was investigated by the U.S. Drug Enforcement Administration, Gregg County CODE Unit, Smith County Sheriff’s Office, and the Kilgore Police Department and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
Three Guilty of Threatening East Texas Alligator Snapping TurtlesRead the Press Release
BEAUMONT, Texas – Three men have pleaded guilty to illegally trafficking alligator snapping turtles in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston along with the Department of Justice’s Environment and Natural Resources Division and the U.S. Fish and Wildlife Service today.
Travis Joseph Leger, 40, and Rickey Paul Simon, 57, both of Sulphur, Louisiana, and Jason Gene Leckelt, 36, of Wilburton, Oklahoma, have all pleaded guilty to conspiracy to violate the Lacey Act by illegally trafficking alligator snapping turtles. Simon and Leckelt appeared before U.S. Magistrate Judge Keith Giblin on Aug. 17, 2017 while Leger entered his guilty plea before Judge Giblin on Aug. 21, 2017.
Alligator snapping turtles are the largest freshwater turtles in the world and can grow to weigh more than 200 pounds with a lifespan of more than 100 years. The turtles are designated as threatened with statewide extinction under Texas State Law, which strictly prohibits anyone from taking, capturing, transporting, or selling these turtles, or attempting to do so. The turtles are also protected under Louisiana State Law, which makes it illegal to sell or barter for the turtles. The Lacey Act makes it a federal crime to engage in the interstate trafficking of wildlife taken in violation of state wildlife protection laws.
“Those who choose to exploit our precious wildlife resources threaten the existence of these rare reptiles,” said Acting U.S. Attorney Brit Featherston. “Protection of the turtles and the prevention of diseases that may spread by these actions make these prosecutions vital to the health of our natural wildlife.”
According to information presented in court, Leger, Leckelt, and Simon conspired to illegally take more than 60 large alligator snapping turtles during their multiple fishing trips to Texas in the spring and summer of 2016. The defendants transported the turtles back to a property in Sulphur, Louisiana, where they intended to sell them. In July 2016, Federal agents seized about 30 large alligator snapping turtles from ponds located at a defendant’s property in Sulphur, Louisiana, pursuant to a federal search warrant.
As part of his guilty plea, Leger admitted to selling a live, illegally taken, 171-pound turtle for $1,000 and another live, illegally taken, 168-pound turtle for $500 in May and June of 2016. The turtles were later seized by U.S. Fish and Wildlife Agents from the buyer and are currently being cared for at a private facility. Leger admitted that the market value of all the turtles that he caught illegally in Texas and then sold in Louisiana during the course of the conspiracy was between $40,000 and $95,000. Leger also agreed to forfeit all of the turtles seized from his property in Sulphur, Louisiana, and will permit the U.S. Fish and Wildlife Service to return to the property, drain the ponds, and seize all remaining alligator snapping turtles. Similarly, Leckelt, who is Leger’s half-brother, admitted that the market value of the turtles that he illegally personally caught in Texas and sold in Louisiana during the course of the conspiracy was between $15,000 and $40,000.
Finally, Simon admitted that his role in the conspiracy included selling a 120-pound alligator snapping turtle, illegally caught in Texas, to an undercover U.S. Fish and Wildlife Agent in May of 2016. In addition, Simon admitted that he obstructed justice by deleting text messages from his cell phone prior to being interviewed by a Special Agent from the U.S. Fish and Wildlife Service during the execution of the search warrant at the Sulphur property in July 2016. Simon deleted the text messages from his cell phone after Leger called and warned him that game wardens were coming to the Sulphur property to take the turtles out of the ponds. Simon also admitted that he subsequently made false statements to the Special Agent during the execution of the search warrant at the Sulphur property by denying that he had ever fished for alligator snapping turtles in Texas.
Under federal statutes, the defendants each face up to five years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
The case is being investigated by the U.S. Fish and Wildlife Service, the Louisiana Department of Wildlife and Fisheries, and the Texas Parks and Wildlife Department and is being prosecuted by Assistant U.S. Attorney Joseph R. Batte of the Eastern District of Texas and Senior Trial Attorney David P. Kehoe of the Department of Justice, Environmental Crimes Section.
Two Texas Men Plead Guilty to Federal Hate Crime for Assaults Based on Victim’s Sexual OrientationRead the Press Release
WASHINGTON — Nigel Garrett, 21, and Cameron Ajiduah, 18, pleaded guilty today to assaulting men because of the victim’s sexual orientation, the Justice Department’s Civil Rights Division, the U.S. Attorney’s Office of the Eastern District of Texas, and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives’ Dallas Division announced.
According to the plea agreement signed by Garrett on January 19, 2017, defendants Garrett, Anthony Shelton and Chancler Encalade used Grindr, a social media dating platform for gay men, to arrange to meet the victim at the victim’s home. Upon entering the victim’s home, the defendants restrained the victim with tape, physically assaulted the victim, and made derogatory statements to the victim for being gay. The defendants brandished a firearm during the home invasion, and stole the victim’s property, including his motor vehicle.
Included in a separate plea agreement signed by Ajiduah on February 7, 2017, defendants Ajiduah, Garrett, and Shelton used the same scheme on a different victim, including restraining the victim and covering his eyes with tape, verbally berating him for his sexual orientaion, and physically assaulting him.
A federal grand jury previously returned an eighteen-count indictment against Ajiduah, Shelton, Garrett, and Chancler Encalade including charges of hate crimes, kidnappings, carjackings, and the use of firearms to commit violent crimes. The indictment also charged the defendants with conspiring to cause bodily injury because of the victim’s sexual orientation during four home invasions in Plano, Frisco, and Aubrey, Texas, between January 17 and February 7, 2017.
“The Justice Department will not tolerate hate crimes against any individual based on sexual orientation,” said Acting Assistant Attorney General John Gore. “Hate crimes are violent crimes, but also attack the fundamental principles of the United States. The Justice Department will continue to aggressively investigate and prosecute hate crimes.”
"Garrett and Ajiduah invaded homes, robbed and assaulted their victims, and particularly horrendous, targeted their victims based on the victim’s sexual orientation,” said Acting U.S. Attorney Brit Featherston. “In response to such a hate crime, let it be known that law enforcement will leave no stone unturned to catch and prosecute the likes of these criminals to the fullest extent of the law."
Garrett and Ajiduah face a maximum statutory penalty of life in prison and a $250,000 fine for their guilty plea for the hate crime charge.
The investigation is being conducted by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Plano Police Department, and the Frisco Police Department. The case is being prosecuted by Assistant U.S. Attorney Tracey Batson of the U.S. Attorney’s Office for the Eastern District of Texas and Trial Attorney Saeed Mody of the Civil Rights Division.
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Denton County Man Sentenced to 50 years for Child Exploitation ViolationsRead the Press Release
PLANO, Texas — A 29-year-old Denton, Texas man has been sentenced to 50 years in federal prison for child exploitation violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Joel Linden pleaded guilty on Apr. 20, 2017 production and distribution of child pornography and was sentenced to 50 years in federal prison on Aug. 18, 2017, by U.S. District Judge Marcia Crone.
According to information presented in court, on Nov. 6, 2016, law enforcement officers executed a search warrant at Linden’s residence after receiving information that someone from the residence was sending child pornography using an internet application. During the execution of the search warrant, agents seized a number of items of digital media, many of which were found to contain child pornography. Some of the images and videos of child pornography were produced by Linden and depicted the sexual abuse of a child under the age of 12 years old. The investigation also revealed Linden had distributed the images and videos to individuals with whom he was communicating online.
“This is another horrendous case of child exploitation,” said Acting U.S. Attorney Brit Featherston. “We will leave no stone unturned to find those who commit these terrible crimes…as a warning to others, we will find and punish you. My heart breaks for the victims and my appreciation goes out to those men and women who relentlessly investigate and prosecute these cases.”
Linden was sentenced to 360 months in federal prison for the production of child pornography and 240 months in federal prison for distributing child pornography. The sentences were ordered to be served consecutively for a total of 600 months in federal prison.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations and the Flower Mound Police Department and prosecuted by Assistant U.S. Attorney Marisa Miller.
Orange County Man Guilty of West Orange Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 36-year-old Vidor, Texas man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Jonathan Derick Hickey pleaded guilty to possession with intent to distribute methamphetamine today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on Jan. 17, 2017, law enforcement officers observed Hickey meet with the driver of another vehicle in the parking lot of the Wal-Mart in West Orange, Texas and then move to the Wendy’s parking lot. Deputies observed what they believed to be a drug transaction between the two drivers. The driver of the other vehicle was pulled over and a drug dog was called to the scene. The dog gave a positive alert signifying there were illegal drugs in the vehicle. A search revealed approximately one ounce of methamphetamine in the console. The driver advised that he had just received the methamphetamine from Hickey and that Hickey had another eight ounces of marijuana in his vehicle. Hickey was then stopped and a search of the vehicle revealed cash, a meth pipe, approximately 12 ounces of methamphetamine, marijuana and other pills. A search a Hickey’s residence in Vidor also revealed a firearm and additional drug paraphernalia. Hickey was indicted by a federal grand jury on Apr. 5, 2017.
Under federal statutes, Hickey faces a minimum of 10 years and up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Jefferson County Man Guilty of Beaumont Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 36-year-old Beaumont man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Kevin Lee Husband pleaded guilty to possession with intent to distribute methamphetamine today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on Mar. 7, 2017, law enforcement officers pulled over Husband in Beaumont for a traffic violation. During the traffic stop, Husband provided consent to search the vehicle which resulted in officers discovering a fully loaded firearm, methamphetamine, marijuana, and over $5000 in cash. Husband admitted the firearm was his and told officers there was an additional eight ounces of marijuana and another firearm at his residence. Deputies obtained a search warrant for the residence where they found the drugs and gun. Husband was indicted by a federal grand jury on July 6, 2017 and charged with federal gun and drug violations.
Under federal statutes, Husband faces a minimum of 10 years and up to life in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Alcohol, Tobacco, and Firearms and the Jefferson County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Federal Indictments Result in Charges against 32 in Jefferson CountyRead the Press Release
BEAUMONT, Texas – Acting U.S. Attorney Brit Featherston announced today that 32 individuals have been charged in federal firearms related cases this month in the Eastern District of Texas.
A federal grand jury in Beaumont returned 26 federal indictments on Aug. 9, 2017. Law enforcement agencies began arresting defendants today. The following 16 defendants are in custody and will make initial appearances before federal magistrate judges in Beaumont:
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Robert Lee Johnson, 43, of Port Arthur, Texas
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Desmond Harper, 31, of Beaumont, Texas
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Carlos Rodriguez-Torres, 35, of Lumberton, Texas
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Ernest Gatlin, 38, of Beaumont, Texas
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Harvey Davis, 38, of Bon Weir, Texas
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David Wells, 38, of Lumberton, Texas
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Kionte Hawkins, 29, of Beaumont, Texas
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Damon Hargrave, 37, of Beaumont, Texas
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Jakorian Sanderson, 20, of Beaumont, Texas
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LeeJaray Smith, 40, of Beaumont
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Joseph Carter, 39, of Beaumont, Texas
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Dwayne Morgan, 25, of Vidor, Texas
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Dacqure Holmes, 38, of Port Arthur, Texas
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Corey Stone, 35, of Beaumont, Texas
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Arne Koenig, 43, of Buna, Texas; and
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Eric Martin, 32, of Port Arthur, Texas
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The defendants are alleged to have participated in multiple violent crimes in Southeast Texas, including Jefferson, Hardin, Orange, and Jasper counties. Those crimes include bank robbery, firearms violations, drug trafficking violations, money laundering, immigration violations, and conspiracy to commit robberies interfering with interstate commerce. Many defendants are also alleged to have gang affiliations. If convicted, they face penalties of from five years to Life in federal prison.
These cases are being investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Beaumont Police Department, the U.S. Drug Enforcement Administration, the Federal Bureau of Investigation, the Port Arthur Police Department, the Orange Police Department, the Jasper County Sheriff’s Office and the Jefferson County Sheriff’s Office.
A grand jury indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Gregg County Man Sentenced for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas – A 31-year-old Longview, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Desmond Denard Brown pleaded guilty on Mar. 23, 2017, to possessing with intent to distribute and distribution of crack cocaine and was sentenced to 65 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on June 13, 2016, Brown distributed approximately 28 grams of crack cocaine in Gregg County, Texas. Brown was indicted by a federal grand jury on Jan. 18, 2017.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
Bowie County Man Guilty of Texarkana Bank RobberyRead the Press Release
TEXARKANA, Texas – A 44-year-old Texarkana man has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Dixon Kelley, III, pleaded guilty to armed bank robbery and use of a firearm during a violent crime today before U.S. Magistrate Judge Caroline Craven.
According to information presented in court, on Apr. 5, 2017, Kelley entered the Bank of the Ozarks on Richmond Road in Texarkana, Texas, pointed a semi-automatic handgun at the tellers and demanded cash. Kelley left the bank with the cash before fleeing in his vehicle. Law enforcement authorities were to locate Kelley, but when they attempted to stop him, he fled in the vehicle before eventually getting it stuck in a field. Kelley exited the vehicle and fired upon the officers before attempting to flee on foot. He was arrested and indicted by a federal grand jury.
Under federal statutes, Kelley faces up to 25 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation and the Texarkana, Texas Police Department and is being prosecuted by Assistant U.S. Attorney Jonathan D. Ross.
Jasper Family Convicted in DETCOG ConspiracyRead the Press Release
LUFKIN, Texas — A Jasper, Texas couple and their daughter have been found guilty of federal conspiracy violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Walter Diggles, 65, his wife, Rosie Diggles, 63, both of Jasper, and their daughter, Anita Diggles, 41, of Houston, have been found guilty of 28 counts including conspiracy to commit wire fraud, wire fraud, theft from programs receiving federal funds and engaging in monetary transactions from unlawful activity. The jury deliberated for 2 ½ hours before returning the guilty verdict late on Aug, 3, 2017, following a nine-day trial before U.S. District Judge Ron Clark.
According to information presented in court, the defendants devised a scheme to obtain and make personal use of federal block grant funds that Congress appropriated following Hurricanes Rita, Katrina, Ike, and Dolly. These funds were made available to the State of Texas, which in turn contracted with several councils of governments within the state to assist in administering and distributing the funds. Walter Diggles was the Executive Director of the Deep East Texas Council of Governments during this time and used his position to approve inflated requests for reimbursement of federal block grant funds while Rosie Diggles and Anita Diggles prepared many of the requests. Additionally, Walter Diggles engaged in activities and approved requests for block grant funds that were fraudulent in nature and all the defendants spent the excess funds on personal expenses. The Diggles were indicted by a federal grand jury on Dec. 2, 2015.
“Our Constitution provides for trial by jury for those who contest criminal charges,” said Acting U.S. Attorney Brit Featherston. “The jury in this case heard, viewed and studied the evidence that was presented over nine days of trial, from both the defense and the government. At the ringing of the bell, the verdict was guilty for all and on all counts. Justice for all of the DETCOG’s 12 counties and for the taxpayers has been done.”
Under federal statutes, the Diggles each face up to 30 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, the Internal Revenue Service-Criminal Investigation, the U.S. Department of Homeland Security / U.S. Immigration and Customs Enforcement, the U.S. Department of Housing and Urban Development, and the Texas State Auditor’s Office. This case was prosecuted by Assistant U.S. Attorneys Tom Gibson and James Noble.
Texas Man Pleads Guilty to Conspiring to Illegally Export Radiation Hardened Integrated Circuits to Russia and ChinaRead the Press Release
Peter Zuccarelli, 62, of Plano, Texas pleaded guilty today to conspiring to smuggle and illegally export from the U.S., radiation hardened integrated circuits (RHICs) for use in the space programs of China and Russia, in violation of the International Emergency Economic Powers Act (IEEPA).
Acting Assistant Attorney General for National Security Dana J. Boente and Acting U.S. Attorney Brit Featherston for the Eastern District of Texas made the announcement. The plea was entered before U.S. Magistrate Judge Kimberly Priest-Johnson.
Zuccarelli pleaded guilty to engaging in a conspiracy to smuggle and illegally export from the U.S. items subject to IEEPA, without obtaining licenses from the Department of Commerce. According to the allegations contained in the Information filed against Zuccarelli and statements made in court filings and proceedings, including today’s guilty plea:
Between approximately June 2015 and March 2016, Zuccarelli and his co-conspirators agreed to illegally export RHICs to China and Russia. RHICs have military and space applications, and their export is strictly controlled.
In furtherance of the conspiracy, Zuccarelli’s co-conspirator received purchase orders from customers seeking to purchase RHICs for use in China’s and Russia’s space programs. Zuccarelli received these orders from his co-conspirator, as well as payment of approximately $1.5 million to purchase the RHICs for the Chinese and Russian customers. Zuccarelli placed orders with U.S. suppliers, and used the money received from his co-conspirator to pay the U.S. suppliers. In communications with the U.S. suppliers, Zuccarelli certified that his company, American Coating Technologies was the end user of the RHICs, knowing that this was false. Zuccarelli received the RHICs he ordered from U.S. suppliers, removed them from their original packaging, repackaged them, falsely declared them as “touch screen parts,” and shipped them out of the U.S. without the required licenses. He also attempted to export what he believed to be RHICs. In an attempt to hide the conspiracy from the U.S. government, he created false paperwork and made false statements.
At sentencing, Zuccarelli faces a maximum statutory term of five years imprisonment and a maximum fine of $250,000. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the defendant’s sentence will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Dallas and Denver Offices of the Department of Homeland Security, Homeland Security Investigations; the FBI; the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and the Department of Defense, Defense Criminal Investigative Service. This case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas together with the Counterintelligence and Export Control Section of the Justice Department’s National Security Division.
Collin County Man Guilty in Conspiracy to Illegally Export Radiation Hardened Integrated Circuits to Russia and ChinaRead the Press Release
PLANO, Texas – A 62-year-old Plano, Texas man has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston and Acting Assistant Attorney General for National Security Dana J. Boente today.
Peter Zuccarelli pleaded guilty to conspiring to smuggle and illegally export from the U.S., radiation hardened integrated circuits (RHICs) for use in the space programs of China and Russia, in violation of the International Emergency Economic Powers Act (IEEPA). The plea was entered today before U.S. Magistrate Judge Kimberly Priest-Johnson.
Zuccarelli pleaded guilty to engaging in a conspiracy to smuggle and illegally export from the U.S. items subject to IEEPA, without obtaining licenses from the Department of Commerce. According to the allegations contained in the Information filed against Zuccarelli and statements made in court filings and proceedings, including today’s guilty plea:
Between approximately June 2015 and March 2016, Zuccarelli and his co-conspirators agreed to illegally export RHICs to China and Russia. RHICs have military and space applications, and their export is strictly controlled.
In furtherance of the conspiracy, Zuccarelli’s co-conspirator received purchase orders from customers seeking to purchase RHICs for use in China’s and Russia’s space programs. Zuccarelli received these orders from his co-conspirator, as well as payment of approximately $1.5 million to purchase the RHICs for the Chinese and Russian customers. Zuccarelli placed orders with U.S. suppliers, and used the money received from his co-conspirator to pay the U.S. suppliers. In communications with the U.S. suppliers, Zuccarelli certified that his company, American Coating Technologies was the end user of the RHICs, knowing that this was false. Zuccarelli received the RHICs he ordered from U.S. suppliers, removed them from their original packaging, repackaged them, falsely declared them as “touch screen parts,” and shipped them out of the U.S. without the required licenses. He also attempted to export what he believed to be RHICs. In an attempt to hide the conspiracy from the U.S. government, he created false paperwork and made false statements.
At sentencing, Zuccarelli faces a maximum statutory term of five years imprisonment and a maximum fine of $250,000. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes. If convicted of any offense, the defendant’s sentence will be determined by the court after considering the advisory Sentencing Guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Dallas and Denver Offices of the Department of Homeland Security, Homeland Security Investigations; the Federal Bureau of Investigation; Internal Revenue Service-Criminal Investigation; Postal Inspection Service; the Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement; and the Department of Defense, Defense Criminal Investigative Service. This case is being prosecuted by the U.S. Attorney’s Office for the Eastern District of Texas together with the Counterintelligence and Export Control Section of the Justice Department’s National Security Division.
Orange County Woman Guilty of Orange and Lake Charles Bank RobberiesRead the Press Release
BEAUMONT, Texas – A 51-year-old Vidor, Texas woman has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Eva Renee Powell pleaded guilty to bank robbery today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, on May 20, 2016, Powell entered the Capital One Bank in Orange, Texas wearing sunglasses, a bulky coat and a dark hat. Powell gave a note to the teller demanding money and threatening to blow up the bank if bank personnel did not comply or alerted authorities. Powell fled with an unspecified amount of cash. She was not identified as the Capital One bank robber until nearly a year later, on March 18, 2017, she was caught fleeing a remarkably similar bank robbery in Lake Charles, Louisiana. Investigators with the Orange Police Department were able to connect her to the Orange, Texas bank robbery. In a combined proceeding in Beaumont federal court, Powell also pleaded guilty to the Lake Charles, LA, bank robbery. In that case, as she was fleeing the bank with an undisclosed amount of cash, a concerned citizen followed her get-away car and called authorities. He was then able to block her car's escape from a parking lot long enough for the Lake Charles police to arrive and make the arrest.
Under federal statutes, Powell faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation, the Lake Charles Police Department, the Calcasieu Parish Sheriff’s Office, the Orange County Sheriff’s Office, and Orange Police Department and is being prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Collin County Man Guilty of Child Enticement ViolationsRead the Press Release
PLANO, Texas — A 43-year-old Richardson, Texas man has been found guilty of child enticement charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Jason Craig Montgomery was found guilty by a jury of attempted coercion and enticement of a minor. The verdict was reached late in the evening of July 27, 2017, following a three-day trial before U.S. District Judge Marcia Crone.
According to information presented in court, in March 2017, Montgomery placed an ad on an online classified advertising website that raised law enforcement concerns as to whether Montgomery was seeking to engage in sexual activity with a child. Accordingly, an undercover FBI agent responded to the ad as an individual with access to a minor child. Between March 30, 2017 and April 18, 2017, Montgomery engaged in an ongoing and repeated exchange of messages with the undercover agent, in an attempt to coerce and entice the minor child to whom the agent purportedly had access. In those messages, Montgomery expressed his interest in enticing the child, indicated his willingness to engage in sexual activity with the child, his concerns about law enforcement detection, and asked to meet with the child. On April 18, 2017, Montgomery arrived at a designated residence in Plano, Texas, at which time he was arrested by members of the Plano Police Department and the Federal Bureau of Investigation. A search of Montgomery’s vehicle revealed a number of items brought for the child, including alcohol and prophylactics. Montgomery was indicted by a federal grand jury on May 10, 2017.
Under federal statutes, Montgomery faces a minimum of 10 years and up to life in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and the Plano Police Department and prosecuted by Assistant U.S. Attorneys Marisa Miller and Bradley Visosky.
Houston Father and Son each Sentenced to Federal Prison for Drug Trafficking ViolationsRead the Press Release
BEAUMONT, Texas – A Houston father and son were each sentenced to federal prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Rolando Delarosa, Sr., 43, and Rolando Delarosa, Jr., 22, both pleaded guilty on Feb. 27, 2017, to conspiracy to possess with intent to distribute methamphetamine and were sentenced to 120 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, between December 2013 and June 2015, the Delarosas were involved in a drug trafficking conspiracy that was responsible for trafficking methamphetamine through Houston and into the surrounding areas. An investigation began after a co-conspirator, Jesus Silva, made four deliveries to an undercover officer in Houston and Cleveland, Texas. After each of these deliveries, Silva was followed back to a home known to be owned and occupied by Rolando Delarosa, Sr.
Wiretaps confirmed that Delarosa, Sr. was Silva's supplier and that he intended to distribute, and distributed more than 2 ½ kilograms of methamphetamine. Silva continued to provide methamphetamine to an undercover officer and introduced Rolando Delarosa, Jr. to confidential sources as a supplier of methamphetamine. Delarosa, Jr. agreed to sell three kilograms of methamphetamine to a confidential source. Agents followed Delarosa, Jr. back to Delarosa, Sr.'s house, where Delarosa, Jr. and his girlfriend also lived. The officers then noticed Delarosa, Jr. and his girlfriend leave the residence in the same vehicle with Delarosa, Jr. driving. A traffic stop was conducted on the vehicle and Delarosa, Jr. and his girlfriend were observed by the officers as switching seats before coming to a complete stop. The officers immediately recognized the smell of raw and burnt marijuana coming from the vehicle when they approached it as well as a small bag of marijuana in plain sight on the center console. A search of the vehicle revealed a bag containing a large amount of methamphetamine inside. Analysts at the DEA Crime Lab determined that this substance was, in fact, almost one pound of methamphetamine. Officers then went to the residence of Delarosa Sr. and were given consent to search the residence. Officers located two rifles and more methamphetamine in the residence.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Grayson County Man Sentenced for Federal Drug Trafficking ViolationsRead the Press Release
SHERMAN, Texas – A 39-year-old Denison, Texas man has been sentenced to federal prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Mark Alan Bennett pleaded guilty on Mar. 29, 2017, to conspiracy to possess with intent to distribute methamphetamine and possession of a firearm during a drug trafficking crime and was sentenced to 241 months in federal prison today by U.S. District Judge Amos Mazzant.
According to information presented in court, between August and November 2016, Bennett was found to be in possession of methamphetamine on four occasions, two traffic stops and during the execution of two search warrants at his Denison residence. All together, 177.32 grams of methamphetamine was recovered from Bennett. During the execution of a search warrant on Sep. 23, 2016, law enforcement agents also recovered a short-barreled shotgun. Bennett was indicted by a federal grand jury on Dec. 21, 2016 and charged with drug trafficking violations.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Denison Police Department and the Wise County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney William R. Tatum.
Prison Fight Results in Additional Sentence for Federal InmateRead the Press Release
BEAUMONT, Texas – A 28-year-old federal prison inmate has been sentenced for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Reginald Winfield Pablo pleaded guilty on Mar. 20, 2017 to possession of a prohibited object and was sentenced to 12 months and one day in federal prison today by U.S. District Judge Ron Clark. This sentence will be served at the conclusion of the sentence Pablo is currently serving.
According to information presented in court, on Sep. 22, 2016, Pablo, an inmate at the Federal Correctional Complex in Beaumont, was observed fighting with another inmate. After breaking up the fight, prison staff conducted a pat-down of the inmates and found two homemade weapons inside Pablo’s left pocket. The weapons had been constructed out of metal and sharpened to a point on one end. The weapons measured approximately 7 inches in length each. Such objects are prohibited in the Beaumont Federal Correctional Complex.
This case was investigated by the Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Federal Inmate Sentenced for Possessing Shank in Beaumont PrisonRead the Press Release
BEAUMONT, Texas – A 27-year-old federal prison inmate has been sentenced for possessing a shank in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Rafael Castillo, Jr., pleaded guilty on Feb. 28, 2017 to possession of a prohibited object and was sentenced to 20 months in federal prison today by U.S. District Judge Ron Clark. This sentence will be served at the conclusion of the sentence Castillo is currently serving.
According to information presented in court, on June 20, 2016, Castillo, an inmate at the Federal Correctional Complex in Beaumont, was found during a pat-down search, to be in possession of two homemade weapons measuring approximately 5.5 inches and 7 inches in length each. Castillo had the weapons concealed in his pants pocket. Each weapon, commonly referred to as a ‘shank,’ had been constructed out of metal material and had been sharpened to a point and designed to be used as a weapon. Such objects are prohibited in the Beaumont Federal Correctional Complex.
This case was investigated by the Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Longview Man Indicted for Student Financial Aid Fraud Scheme; Sister Pleads GuiltyRead the Press Release
TYLER, Texas – A 30-year-old Longview, Texas man has been indicted for his role in a student financial aid fraud scheme in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Robert Brisco was indicted by a federal grand jury today and charged with conspiracy to commit wire fraud and mail fraud, multiple counts of mail fraud, and multiple counts of student financial aid fraud.
According to the indictment, from June 2013 to September 2015, Brisco and others are alleged to have conspired to use wire communications and the mail to fraudulently obtain student financial aid funds through the Pell Grant Program and William D. Ford Federal Direct Loan Program. If convicted, Brisco faces up to 20 years in federal prison.
An indictment merely establishes probable cause, and the defendant is presumed innocent unless proven guilty.
Brisco's mother, Gracie Brisco, 54, of Longview, was indicted on Mar. 22, 2017, on multiple counts of student financial aid fraud.
Brisco's sister, Shanitra Frost, 34, of Longview, pleaded guilty today before U.S. Magistrate Judge K. Nicole Mitchell to student financial aid fraud. Frost faces up to 5 years in federal prison at sentencing. A sentencing date has not been set.
This case is being investigated by the U.S. Department of Education - Office of Inspector General, U.S. Secret Service, U.S. Postal Inspection Service, the Longview Police Department, and the Kilgore College Police Department. Assistant U.S. Attorney Nathaniel C. Kummerfeld is prosecuting this case.
Bowie County Man Sentenced for Theft from Red River Army DepotRead the Press Release
TEXARKANA, Texas – A 37-year-old Maud, Texas man has been sentenced to federal prison for violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Jason Allen Autrey pleaded guilty on Feb. 9, 2017, to theft of government property and was sentenced to 30 months in federal prison on July 14, 2017 by U.S. District Judge Robert W. Schroeder, III. Autrey was also ordered to pay restitution in the amount of $762,000.
According to information presented in court, between July 2015 and May 2016, Autrey stole and converted to his own use, numerous vehicle parts consisting of Hawker batteries and Bradley Bolt-On Armor Kit parts from the Red River Army Depot located in Hooks, Texas. Autrey had access to the parts as he was employed as a heavy equipment mechanic inspector in the Dynamometer Section of the Maintenance Directorate at the Red River Army Depot. Once Autrey removed the items from the Depot, he took them to Tri-State Iron and Metal in Texarkana, Arkansas to sell them for their scrap value. The total value of the items stolen was at least $762,000. The total sum of cash he received from Tri-State Iron and Metal was $22,959.84. Autrey agreed to a money judgment in the amount of $22,959.84 against him, as well as an order of restitution for the total amount of losses caused by his criminal conduct. Autrey was indicted by a federal grand on June 15, 2016.
This case was investigated by the United States Army and Red River Army Depot, Criminal Investigators and prosecuted by Assistant U.S. Attorneys Jonathan D. Ross and Ryan Locker.
Jefferson County Man Convicted of Killing Whooping Cranes Headed to Prison After Violating Terms of ProbationRead the Press Release
BEAUMONT, Texas – A 20 year old Beaumont, Texas man was sentenced to federal prison for violating the terms of his probation in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Trey Joseph Frederick was sentenced to five years of federal probation in October, 2016 after he pleaded guilty to a violation of the Endangered Species Act. In January, 2016, a Texas Game Warden received two calls reporting that two Whooping Cranes had been shot on Blair Road in Jefferson County. Further investigation revealed that Frederick had been seen in the area with a hunting rifle and claimed to be hunting geese. Federal agents contacted Frederick at his home where he admitted to killing the cranes.
Whooping Cranes are a species of migratory birds in danger of extinction throughout all or a significant portion of its range, and therefore an endangered species as defined by the Endangered Species Act, making it unlawful to capture, kill, trap, or collect Whooping Cranes, or attempt to engage in such conduct in the United States.
Today, Frederick was back in federal court facing charges that he violated the terms of his probation for, among other things, using an AR-15 assault rifle to hunt from a roadway in Jefferson County, Texas. The terms of Frederick’s probation specifically prohibited him from owning or possessing firearms, ammunition or any other dangerous weapon. Frederick is also prohibited from hunting or fishing anywhere in the United States. During his court appearance today, U. S. Magistrate Judge Zack Hawthorn sentenced Frederick to 11 months incarceration to be followed by a one year term of supervised release.
Acting U.S. Attorney Featherston made the following statement, “Trey Frederick was given the opportunity of probation when he was first convicted of killing two federally protected whooping cranes. Apparently, Mr. Frederick did not appreciate the leniency he was given, and today, he learned the consequences. Mr. Frederick will now have 11 months to contemplate his actions.”
This case was investigated by special agents with the U.S. Fish and Wildlife Services, Office of Law Enforcement and Game Wardens with the Texas Parks and Wildlife Department and prosecuted by Assistant U.S. Attorney Joseph R. Batte.
Jefferson County Man Arrested in Federal Mail Fraud SchemeRead the Press Release
BEAUMONT, Texas – A 42-year-old Beaumont, Texas man has been arrested on federal charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Westley Judy Pollard, Jr., was indicted by a federal grand jury on July 6, 2017 and charged with 11 counts of mail fraud. Pollard was arrested in Beaumont this morning and went before U.S. Magistrate Judge Zack Hawthorn for an initial appearance.
According to the indictment, from 2011 to 2016, Pollard worked as a salesperson in the rare and precious coin field. During this time, Pollard was employed by various coin companies in Beaumont, Texas and the surrounding area, where he sold coins to individual investors. Beginning in early 2014, Pollard began contacting prior customers and telling them that he could find a purchaser for their coin collections at significantly higher prices than they originally paid, or that he could get their coins re-graded to a higher level of condition, which would increase their value. At Pollard’s direction, the customers would allow him to take possession of their coins so that he could sell or re-grade them, and then return the proceeds or re-graded coins to them. Pollard directed the customers to mail the coins to him via FedEx, or, in some instances, he would take possession directly from the customer. After receiving the coins, Pollard would then sell them to pawnshops or other coin retailers, at significantly lower prices than the investors originally paid and without their consent, using the proceeds from the sales for his personal benefit. In connection with this scheme, Pollard convinced four customers to send him their coins, with an approximate combined value of $5,480,000.
If convicted, Pollard faces up to 20 years in federal prison.
This case is being investigated by the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.
An indictment is not evidence of guilt. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Jefferson County Man Sentenced for Inmate Related ConspiracyRead the Press Release
BEAUMONT, Texas – A 49-year-old Port Arthur, Texas man has been sentenced for his part in a conspiracy targeting federal inmates and their families in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Larry Lee Stephenson pleaded guilty on Jan. 24, 2017 to conspiracy to commit wire fraud and was sentenced to 41 months in federal prison today by U.S. District Judge Marcia Crone. Stephenson was also ordered to pay restitution, along with the other defendants, in the amount of $3,456,780.
According to information presented in court, in September, 2016, separate indictments were handed down by federal grand juries in the Eastern District of Texas, Beaumont Division, and the Southern District of Florida, Miami Division, alleging six individuals in the Port Arthur and Houston area were involved in a nationwide six-year scheme which defrauded the relatives of federal inmates by falsely representing that they could obtain reductions in their relatives’ sentences in exchange for the payment of cash and wire transfers of funds. The payments were falsely represented to be for the payment for a network of confidential informants who would make undercover drug transactions under the direction of the courts and prosecutors which would allow the incarcerated inmates to ask the court for reductions of sentences for providing substantial assistance to the government under the Federal Rules of Criminal Procedure. In reality, the money was spent for the personal benefit of the defendants and there was never any network of informants or undercover transactions. Federal inmates do not have to pay for substantial assistance motions for reductions of sentences which normally only require information to be provided by such inmates against co-defendants as well as trial testimony. The Texas indictment alleged a wire fraud and conspiracy to commit wire fraud involving six individuals: Alvin James Warrick, 41, Colitha Patrice Bush, 36, Ronald B. Shepherd, 33, and Alvin Turner, 54, all of Houston, Texas; and Larry Lee Stephenson, 49, and Wilbert Brown, 42, of Port Arthur, Texas. Additionally Warrick, Bush, and Shepherd were also the subject of the indictment from the Southern District of Florida also alleging a wire fraud and conspiracy to commit wire fraud. The indictments allege different victims in and around each district. The scheme resulted in losses to inmate families of over $4 million.
Warrick and Bush, the organizers and ringleaders of the scheme, were sentenced on June 29 in Miami, Florida, by U.S. District Judge Joan Lenard of the Southern District of Florida, to 235 months and 96 months in prison, respectively, with an order for a forfeiture money judgment in the amount of over $4.4 million. Shepherd was also sentenced by Judge Lenard to 28 months in federal prison on the Florida indictment. Warrick, and Bush previously pleaded guilty to wire and mail fraud conspiracy charges in both indictments in Miami. Shepherd had also pleaded guilty to the Florida indictment. Stephenson pleaded guilty to the Texas indictment in Beaumont in January. Turner has pleaded guilty to the conspiracy charge in Beaumont and is awaiting sentencing. Wilbert Brown is detained awaiting trial in Beaumont in August.
This case was investigated by the Federal Bureau of Investigation; Department of Justice, Office of Inspector General, in Miami and New York region; U.S. Marshals Service; Houston Police Department- Major Offenders Division; United States Attorney’s Offices in the Eastern District of Texas, Southern District of Florida, and Eastern District of New York. The case is being prosecuted by Assistant U.S. Attorney Robert L. Rawls in the Eastern District of Texas and Anne McNamara in the Southern District of Florida.
Beaumont Federal Inmate Guilty of Assaulting Prison GuardRead the Press Release
BEAUMONT, Texas – A 51-year-old federal inmate has pleaded guilty to assaulting a prison guard in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Terence Millsaps, of New Orleans, LA, pleaded guilty to assaulting a federal officer before U.S. Magistrate Judge Zack Hawthorn on July 10, 2017.
According to information presented in court, on Feb. 9, 2017, while an inmate with the Bureau of Prisons, Millsaps assaulted a correctional officer by striking the officer in the face with a closed fist.
Under federal statutes, Millsaps faces up to eight years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Prisons and prosecuted by Assistant U.S. Attorney Randall L. Fluke.
Bowie County Man Sentenced for Federal ViolationsRead the Press Release
TEXARKANA, Texas – A 46-year-old Bogata, Texas man has been sentenced for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
John Purviance pleaded guilty on Feb. 6, 2017 to unlawful use of a pesticide and unlawful taking of migratory birds and was sentenced to two years of federal probation today by U.S. Magistrate Judge Caroline M. Craven.
According to information presented in court, on April 9, 2016, Purviance mixed a restricted-use pesticide with corn syrup and then spread the mixture along a tree line of a ranch in Bowie County with the intent to poison and kill feral hogs. Although feral hogs were among the animals that died from consuming the poison, other animals also died, including blackbirds, cardinals, and at least one vulture, which are all migratory birds and protected by federal statute. Purviance was also fined $2,375 and ordered to pay restitution in the amount of $4,198.
This case was investigated by the U.S. Fish and Wildlife Service, Criminal Investigation Division, the Environmental Protection Agency, and the Texas Department of Agriculture and prosecuted by Assistant U.S. Attorney Jim Noble.
Smith County Men Guilty of Importing Anabolic SteroidsRead the Press Release
TYLER, Texas – Two Tyler, Texas men have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Stacey Godsey, 44, and Joseph Shay Burton, 39, pleaded guilty to conspiracy to import anabolic steroids today before U.S. Magistrate Judge K. Nicole Mitchell.
According to information presented in court, beginning in the summer of 2014 and continuing until the spring of 2016, Godsey and Burton purchased anabolic steroids through the internet from suppliers located in China. The steroids were shipped to the United States where Godsey and Burton converted them from powder to liquid dosage units in the kitchen and garage of Godsey's residence. Once converted into liquid dosage units, the steroids were sold and distributed to steroid users in Tyler, Texas and elsewhere. In the spring of 2016, law enforcement officers searched residences belonging to Godsey and Burton. More than 60,000 dosage units of anabolic steroids were found at Godsey's residence. More than 6,000 dosage units were found at Burton's residence.
Under federal statutes, the defendants each face up to 10 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Drug Enforcement Administration, the Tyler Police Department, and the Smith County Sheriff's Office and is being prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld.
Nacogdoches County Man Sentenced to 20 Years for Drug TraffickingRead the Press Release
LUFKIN, Texas – A 24-year-old Nacogdoches, Texas man has been sentenced to 20 years in federal prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Jon McNeely pleaded guilty on Mar. 23, 2017, to possession with intent to distribute methamphetamine and was sentenced to 240 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, McNeely was a major methamphetamine trafficker in Nacogdoches and Angelina counties. His drug trafficking organization was responsible for distributing over 15 kilograms of methamphetamine in the area. McNeely was indicted by a federal grand jury on Dec. 7, 2016, and charged with drug trafficking violations.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Texas Department of Public Safety – Criminal Investigation Division, Nacogdoches Police Department, Lufkin Police Department, Angelina County Sheriff’s Office and the Nacogdoches County Sheriff’s Office. This case was prosecuted by Assistant U.S. Attorney Paul Hable.
Avery, Texas Man Sentenced for 2015 Northeast Texas Crime SpreeRead the Press Release
TEXARKANA, Texas – A 50 year old Avery, Texas man was sentenced to federal prison for crimes he committed in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Bobby Wayne Lance was sentenced to a total of 1054 months today during a sentencing hearing before U.S. District Judge Robert Schroeder, III.
According to information presented in court, Lance robbed a Bowie County convenience store, a Lamar County movie theater and a Franklin County bank in a crime spree that spread over several days in November 2015. After Lance was identified as a suspect, deputies from multiple jurisdictions, along with the FBI, searched Lance’s home, where they recovered two bags of cash containing “bait bills” that had been photocopied by the bank to be used in the event of a robbery. In addition to the money, the search also led to the discovery of a loaded revolver, recovered from a shed behind Lance’s home. In his truck, officers found receipts for over $73,000 for past due bills that had been paid in the days between the thefts.
Lance was convicted of violating the Hobbs Act for the robbery of the Movies 8 in Paris, Texas on November 8, 2015 and the robbery of the Carter RV Convenience Store in Dekalb, Texas on November 14, 2015. He was also convicted of bank robbery for the hold-up of the First National Bank in Mount Vernon, Texas on November 17, 2015 and a carjacking that occurred that same date in relation to the bank robbery. He was also convicted of four counts of use or carrying of a firearm in furtherance of a crime of violence, in relation to all the robberies.
“This is a great day for the citizens of this community,” said Brit Featherston, Acting U.S. Attorney, “Lance thought he was a real life Clyde Barrow, minus the “Bonnie.” This very appropriate and just sentence, of over eighty-seven years, will insure that Lance will never harm another person in our community.”
This case was investigated by the Federal Bureau of Investigation, Paris Police Department, Texarkana, Texas Police Department, Franklin County Sheriff’s Office, Red River County Sheriff’s Office, Bowie County Sheriff and the Texas Rangers. This case was prosecuted by Assistant U.S. Attorneys Ryan Locker, Robert Wells, and Jonathan Ross.
Two International Shipping Companies Pay $1.9 Million for Covering up Vessel PollutionRead the Press Release
WASHINGTON – Two shipping companies based in Egypt and Singapore pleaded guilty today in federal court in Beaumont, Texas, to violating the Act to Prevent Pollution from Ships (APPS) and obstruction of justice for covering up the illegal dumping of oil-contaminated bilge water and garbage from one of their ships into the sea.
Acting Assistant Attorney General Jeffrey H. Wood for the Department of Justice Environmental and Natural Resources Division and Acting U.S. Attorney Brit Featherston for the Eastern District of Texas, announced the plea agreement. The agreement includes a $1.9 million dollar penalty and requires marine and coastal restoration efforts at three National Wildlife Refuges located on the Gulf of Mexico in East Texas, where the offending vessel transited and made port stops.
“This case involved egregious violations of U.S. and international laws that are key to protecting the oceans from pollution, and deliberate efforts to mislead U.S. Coast Guard officials about these criminal acts,” said Acting Assistant Attorney General Wood. “The Department of Justice will continue to aggressively prosecute criminal acts that pollute the oceans.”
“Intentional acts of pollution in the Gulf of Mexico and Texas wetlands will not be tolerated, and violators such as defendants, Egyptian Tanker Company and Thome Ship Management, will be held responsible for their conduct,” said Acting U.S. Attorney Brit Featherston for the Eastern District of Texas. “Our citizens depend on clean water for their recreation and their livelihood. This kind of irresponsible conduct threatens both.”
Defendants Egyptian Tanker Company and Thome Ship Management are the owner and operator of the 57,920 gross ton, 809-foot long, ocean-going, oil tank ship called the M/T ETC MENA. Large ships like the M/T ETC MENA generate oil-contaminated bilge waste when water mixes in the bottom or bilges of the ship with oil that has leaked from the ship’s engines and other areas. This waste must be processed to separate the water from the oil and other wastes by using pollution prevention equipment, including an Oily Water Separator (OWS), before being discharged into the sea. These large ships also generate garbage, including ash from the incinerators, steel, and other non-organic wastes, which are collected in plastic bags and stored onboard until they can be disposed of properly at shore-side facilities. APPS requires that the disposal of the ship’s bilge waste and garbage be fully recorded in the ship’s Oil Record Book and Garbage Record Book.
The investigation began on April 26, 2016, when the U.S. Coast Guard’s Marine Safety Unit in Port Arthur, Texas, received information from a crew member on the M/T ETC MENA that the ship had illegally dumped bilge waste overboard into the ocean. The crewmember provided a written statement, photographs, and video of the alleged conduct. During the inspection of the ship that same day, the Coast Guard found a pump covered in oil submerged in the ship’s bilge primary tank that looked similar to the pump that the crew member said was used to pump the bilge waste overboard.
“Environmental crimes put the marine environment and our natural resources at risk,” said Rear Admiral Dave Callahan, Commander, Eighth Coast Guard District. “This case serves as another example that the United States will not tolerate these actions and violators will be held accountable. Coast Guard Marine Safety Unit Port Arthur, the Coast Guard Investigative Service, and the Department of Justice should be commended for their tireless efforts and cooperation in investigating and prosecuting this case.”
In pleading guilty, the companies admitted that its crew members bypassed the ships OWS and discharged bilge water into the ocean in March 2016 without it first passing through this pollution prevention equipment. The government’s investigation also revealed that crew members were instructed to throw plastic garbage bags filled with metal and incinerator ash into the sea in March 2016. The discharge of bilge water without using the OWS and of plastic garbage into the ocean was not entered into the ship’s Oil Record Book and Garbage Record Book in violation of APPS. The companies also pleaded guilty to obstruction of justice for presenting these false documents to the Coast Guard during the inspection in Port Arthur, Texas.
The companies will be placed on a four-year term of probation that includes a comprehensive environmental compliance plan to ensure, among other things, that all of ships operated by Thome Ship Management that come to the United States fully comply with all applicable marine environmental protection requirements established by national and international laws. The compliance plan will be implemented by an independent auditing company and supervised by a court-appointed monitor.
Assistant U.S. Attorney Joseph R. Batte of the Eastern District of Texas, Senior Trial Attorney David P. Kehoe, and Trial Attorney John D. Cashman at the Environmental Crimes Section of the Department of Justice prosecuted the case. The case was investigated by the Coast Guard’s Investigative Service.
Smith County Men Sentenced for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas – Two Tyler, Texas men have been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Hubert Wright, 60, pleaded guilty on Jan. 9, 2017, to possessing with intent to distribute over 500 grams of cocaine and possessing firearms in furtherance of drug trafficking. Wright was sentenced to 120 months in federal prison today by U.S. District Judge Ron Clark.
Kevin Williams, 38, pleaded guilty on Jan. 10, 2017, to possessing with intent to distribute crack and powder cocaine and was sentenced to 30 months in federal prison today by Judge Clark.
According to information presented in court, on May 5, 2016, Williams drove Nyrearae Lewis to the residence of Wright so that Lewis could sell drugs to Wright. Lewis was in possession of approximately 130 grams of powder cocaine when he got into Williams’ vehicle, to go to Wright’s house. Once at Wright’s house, Williams watched while Wright and Lewis converted some of the cocaine to approximately 44 grams of crack cocaine. Wright ultimately declined to purchase any cocaine from Lewis, so Lewis departed the residence with the cocaine he brought to the residence, including the 44 grams of newly converted crack cocaine. Soon after, Williams was pulled over by local law enforcement and the drugs were seized. Williams was indicted by a federal grand jury on Oct. 5, 2016.
On May 19, 2016, federal agents executed a search warrant at Wright’s residence in the 500 block of West 4th Street in Tyler. During the search, agents discovered and seized three handguns, a rifle, a shotgun, multiple rounds of ammunition, $335,095.00 in currency, two computers, and approximately 2.5 kilograms of cocaine. All of the seized property was found in a recording studio within the residence. Agents also discovered plates, utensils, plastic bags, digital scales, and a currency counter inside the recording studio. Wright was indicted by a federal grand jury on Aug. 24, 2016.
These cases were investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Tyler Police Department, Texas Department of Public Safety – Law Enforcement Division, and prosecuted by Assistant U.S. Attorney Jim Noble.
North Texas Man Guilty of Committing Perjury in East Texas TrialRead the Press Release
TYLER, Texas – A 56-year-old North Texas man has pleaded guilty to committing perjury in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Albert Davis, formerly of Richardson, Texas, pleaded guilty to making false declarations before the court today before U.S. Magistrate Judge John D. Love.
According to information presented in court, in 2011, Davis, through his company, LBDS Holding Company, LLC, filed a federal suit against South Korean-company ISOL Technology, Inc. (LBDS Holding Company, LLC v. ISOL Technology, Inc., et al., Case No. 6:11-CV-428) in the Eastern District of Texas, alleging breach of contract, trade secret misappropriation, and unfair competition. During the 2014 trial of the case, Davis and his co-defendant and former business partner, David Hernon, 56, of Fishers, Indiana, testified falsely about business dealings with Cerner Corporation and offered false exhibits to support LBDS’s claim for damages. At the conclusion of the trial, the jury awarded LBDS a verdict of $25 million. When the perjury was discovered, attorneys for ISOL filed an emergency motion for sanctions against LBDS. The district court vacated the verdict, dismissed LBDS’s case with prejudice, and awarded ISOL $738,706.47 in attorney’s fees.
In 2015, Davis and Hernon were charged in the Eastern District of Texas with making false declarations before court. Hernon pleaded guilty on December 29, 2015, and on July 13, 2017, he was sentenced to 15 months in federal prison by U.S. District Judge Thad Heartfield.
Davis, David Tayce, 67, of Lucas, Texas, Hernon, and Richard Bryant, 41, and his wife, Christina Bryant, 41, both of Sachse, Texas, were charged in a related case in the Western District of Missouri for conspiring to commit wire fraud. From August 25, 2008 to February 19, 2015, Davis and his co-conspirators engaged in a scheme to use Cerner Corporation’s reputation and standing in the medical field to manipulate business transactions and court proceedings in their favor.
On April 24, 2017, Davis, was sentenced by U.S. Chief District Judge Greg Kays in the Western District of Missouri to 12 years in federal prison. The court also ordered Davis to pay $19,151,555 in restitution to the victims of the fraud scheme.
On April 25, 2017, Tayce, Hernon, Richard Bryant, and Christina Bryant were sentenced in separate appearances before Judge Kays. Tayce was sentenced to six years and six months in federal prison and ordered to pay $19,151,555 in restitution. Hernon was sentenced to four years and four months in federal prison and ordered to pay $6,487,224 in restitution. Richard and Christina Bryant were each sentenced to five years of probation and ordered to pay $8,079,197 in restitution.
In a related matter, in the summer of 2013, Davis and Tayce, approached Community Trust Bank regarding financing for iHeart Care cardiovascular surgical centers that Davis and Tayce planned to develop across North Texas. The plan, as outlined by Davis and Tayce, was to open multiple iHeart cardiovascular surgical centers and team up with physicians at each location who would invest in the surgical centers and refer patients to the cardiovascular practices. Over the course of the next year, Davis, Tayce, and Rachelle Dashner, 44, of Dallas, Texas, prepared loan documents related to various iHeart Care locations in Denton, Ennis, Mesquite, and Mansfield. Davis, Tayce, and Dashner identified numerous physicians as guarantors in the loan documents without the physicians’ knowledge and authorization. The loan documents were submitted to Community Trust Bank, and based upon various false and fraudulent representations, Community Trust Bank funded numerous loans to iHeart. In many instances, the iHeart facilities for which financing was obtained were never built or made operational. In total, Davis, Tayce, and Dashner submitted fraudulent loan documents to Community Trust Bank and secured five fraudulent loans totaling over $7,500,000.
Dashner was charged in the Eastern District of Texas with conspiracy to commit bank fraud. She pleaded guilty on May 18, 2017. At sentencing, Dashner faces up to five years in federal prison.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld, in cooperation with Assistant U.S. Attorney Matthew P. Wolesky of the Western District of Missouri and Assistant U.S. Attorney Kimberly Davis of the Western District of Arkansas.
Jefferson County Convicted Felon Sentenced to 5 Years for Federal Firearms ViolationsRead the Press Release
BEAUMONT, Texas – A 44-year-old Beaumont man has been sentenced to five years in federal prison for firearms violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
David Warren Childress pleaded guilty on Mar. 6, 2017, to being a felon in possession of a firearm and was sentenced to 60 months in federal prison on June 15, 2017 by U.S. District Judge Ron Clark.
According to information presented in court, on Dec. 10, 2015, law enforcement officers received information that Childress had just been seen throwing a firearm in the trash at the Shell gas station located at the corner of College Street and Major Drive in Beaumont. Officers were dispatched to the location where a 20-gauge shotgun with a modified barrel was found in the trash. Officers then went to Childress’ residence where they received consent to search. During the search, officers located another rifle in the living room of the home. Childress is a convicted felon, having been found guilty of burglary of a habitation in Walker County in 1994 and possession of cocaine in Harris County in 2010. As a convicted felon, Childress is prohibited by federal law from owning or possessing firearms.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration, the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco and Firearms, and the Beaumont Police Department. This case is being prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Houston Man Sentenced to 30 Years in Federal Prison for East Texas Drug ConspiracyRead the Press Release
BEAUMONT, Texas – A 45-year-old Houston man has been sentenced to 30 years in federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Juan Duque-Tinoco pleaded guilty on Jan. 31, 2017, to conspiracy to possess with intent to distribute methamphetamine and was sentenced to 360 months in federal prison on June 14, 2017 by U.S. District Judge Marcia Crone.
According to information presented in court, beginning in March 2014, federal agents began in investigation of a drug trafficking organization that was distributing large amounts of methamphetamine from Houston to Beaumont, Texas and then throughout the United States. Duque-Tinoco was identified as the main supplier of methamphetamine, which was confirmed to be directly supplied by sources in Mexico with the Knights of Templar Cartel. Duque-Tinoco received shipments of methamphetamine from Mexico in liquid form and then he converted it to crystal form at a location in Houston. Undercover agents purchased a total of 75.6 grams of methamphetamine from Duque-Tinoco in March and April 2014. In August 2014, Duque-Tinoco was deported to Mexico and then arrested on Aug. 22, 2014, at the Texas-Mexico border as he tried to illegally reenter the United States. In June 2015, Duque-Tinoco returned to the United States, but during his absence, he made arrangements for his illegal drug activity to continue using others to complete the drug transactions. After returning to the United States, Duque-Tinoco resumed selling illegal narcotics and sold 135 grams of methamphetamine, 224 grams of heroin and 13.7 grams of cocaine to undercover officers. Later that same month, Duque-Tinoco was arrested following a traffic stop in which 1.7 kilograms of methamphetamine was recovered. During this investigation, seven court ordered wire taps were utilized and agents calculated more than 63 kilograms of methamphetamine, 18 kilograms of cocaine, 20 pounds of marijuana, and a half-pound of heroin was distributed.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Houston Man Sentenced for East Texas Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 37-year-old Houston man has been sentenced to prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Adam Zermeno pleaded guilty on Jan. 6, 2017, to conspiracy to possess with intent to distribute methamphetamine and was sentenced to 200 months in federal prison on June 15, 2016 by U.S. District Judge Ron Clark.
According to information presented in court, beginning in February 2016, undercover law enforcement officers purchased a total of 2 ½ ounces of methamphetamine from Zermeno, who was supplying methamphetamine in Houston and the Beaumont area. On Sep. 8, 2016, law enforcement officers in Jefferson County conducted a traffic stop on a vehicle driven by Zermeno. Zermeno was traveling with Gina Gongora and their two small children. A drug-detecting dog alerted on the vehicle during the traffic stop. A search of the vehicle revealed a bag in the trunk, which contained marijuana, cocaine, pills, crack cocaine, and 83.3 grams of methamphetamine. Gongora immediately claimed the bag belonged to her. Zermeno and Gongora were arrested and indicted on Nov. 2, 2016 by a federal grand jury on drug trafficking charges.
This case is the result of an extensive joint investigation by the Organized Crime Drug Enforcement Task Force (OCDETF). The principal mission of the OCDETF program is to identify, disrupt and dismantle the most serious drug trafficking, weapons trafficking and money laundering organizations, and those primarily responsible for the nation’s illegal drug supply.
This case was investigated by the Drug Enforcement Administration, the Orange County Sheriff’s Office, Orange Police Department and Jefferson County Sheriff’s Office. This case is being prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Deputy Attorney General Recognizes Plano Federal ProsecutorRead the Press Release
WASHINGTON – Assistant U.S. Attorney (AUSA) Bradley Visosky of the U.S. Attorney’s Office in the Eastern District of Texas was one of 179 members of the Department of Justice recognized by Deputy Attorney General Rod Rosenstein, and Executive Office for U.S. Attorneys (EOUSA) Director Monty Wilkinson at the 33rd Director’s Awards Ceremony held on June 16, 2017 in Washington D.C.
The Eastern District of Texas was one of 35 districts represented at the ceremony, which was held in the Great Hall at the Robert F. Kennedy Department of Justice Building.
In his prepared remarks, Deputy Attorney General Rosenstein told the awardees, “These 179 award recipients embody the best of the Department of Justice. Today’s honorees have earned the esteem of their colleagues. But most importantly, you have earned the gratitude of your fellow citizens — whose communities you have made safer, whose lives you have improved, and whose trust you have rewarded. ”
Bradley Visosky, of the Plano office, was recognized for his superior performance as an Appellate Assistant United States Attorney and, in particular, his handling of the appeal in a groundbreaking prosecution of Colombian nationals who trafficked thousands of kilograms of narcotics through the Eastern District of Texas and into the rest of the United States. Twenty-seven Colombian defendants were charged with drug trafficking crimes, including conspiracy to import cocaine into the United States and manufacturing and distribution of cocaine to be imported into the United States. Four went to trial and were convicted. All appealed. In voluminous briefing, the appellants raised issues covering almost every aspect of the trial, including the constitutionality and extraterritorial reach of 21 U.S.C. §§ 959 and 963, venue, sufficiency of the evidence, jury instructions, and sentencing. AUSA Visosky’s well-written, concise brief and able presentation during oral argument—under intense questioning from the Fifth Circuit panel—resulted in a successful outcome.
“Bradley Visosky is the go-to guy in the Eastern District of Texas for expertise in many areas of the law,” said Eastern District of Texas Acting U.S. Attorney Brit Featherston. “Bradley’s adroit handling of this appeal ensured our district’s ability to protect the citizens of the Eastern District of Texas. He selflessly handles his own appellate cases, and when requested, comes to the aid of his peers to provide valued assistance. The district is honored to have Bradley chosen for a 2017 Director's award, and we are thrilled to have him as an outstanding Assistant U.S. Attorney in the Eastern District of Texas.”
EOUSA provides oversight, general executive assistance, and direction to the 94 United States Attorneys’ offices around the country. For more information on EOUSA and its mission, visit http://www.justice.gov/usao.
Denton County Man Guilty of Child Exploitation ViolationsRead the Press Release
SHERMAN, Texas — A 42-year-old Lewisville, Texas man has been found guilty of child exploitation charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston.
Jose Victor Hernandez-Cuellar was found guilty by a jury of production of child pornography. The verdict was reached on June 14, 2017, following a two-day trial before U.S. District Judge Amos Mazzant.
According to information presented in court, on Nov. 6, 2015, federal agents executed a search warrant at Hernandez’s residence based on a national investigation into individuals trading child pornography online. During the search, Hernandez advised agents that he had accessed the website for several years and obtained child pornography from it, but that his efforts were part of research for a story he was writing. During a forensic review of the seized devices, agents discovered images of child pornography that Hernandez had photographed. Agents spoke with Hernandez again and he admitted that he took the images of a minor child with a camera that he owned. Hernandez identified the child to law enforcement and stated he photographed the child at his residence in Lewisville.
Under federal statutes, Hernandez faces a minimum of 15 years and up to 30 years in federal prison. This is the maximum statutory sentence prescribed by Congress and is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorneys Marisa Miller and Lesley Brooks.
Dallas County Woman Guilty in Drug Distribution ConspiracyRead the Press Release
TYLER, Texas – A 33-year-old Carrollton, Texas woman has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Nimrose Khan pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Khan entered her guilty plea today before U.S. Magistrate Judge K. Nicole Mitchell.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Enforcement Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
According to information presented in court, from at least April 2013, Khan and her co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Khan and four others were indicted by a federal grand jury on Aug. 3, 2016
Under federal statutes, Khan faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby. #####
Maverick County Man Sentenced for Federal Violations in East TexasRead the Press Release
BEAUMONT, Texas - A 23-year-old Eagle Pass, Texas man has been sentenced to federal prison for violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Raul Alfonso Moreno-Bres pleaded guilty on Jan. 25, 2017, to interstate travel in aid of racketeering enterprise and was sentenced to 18 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on Oct. 12, 2016, law enforcement officers conducted a traffic stop on a vehicle traveling westbound on Interstate-10 in Orange County near mile marker 873. During the traffic stop, deputies learned the vehicle was owned by a passenger, Moreno Bres. Moreno Bres said he was a college student and that he had been in Atlanta on vacation. Moreno Bres gave consent to search the vehicle, during which deputies located $121,903 in currency. Afterwards, Moreno Bres said he had gone to Atlanta on orders from an unspecified Mexican drug cartel to pick up the money and deliver it to Mexico and that he knew the money was proceeds of unlawful activity.
This case was investigated by the DHS/HSI/ICE and Orange County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Christopher T. Rapp.
Cherokee County Man Sentenced to 15 Years for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas - A 41-year-old Jacksonville, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Abdul Kariem Lugman pleaded guilty on Jan. 12, 2017, to possession with intent to distribute approximately 24 grams of cocaine and was sentenced to 180 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on Dec. 21, 2015, law enforcement officers responded to a complaint of suspected drug dealing at the Home Place Inn in Jacksonville. As deputies approached the reported room, they observed the door was open and Lugman could be seen sitting in a chair with a small white rock-like substance in his hand near a digital scale. Lugman rushed towards the open door and was taken into custody. A search warrant was executed at the hotel room and officers discovered crack cocaine, cash, digital scales, a police scanner, firearms and other drugs and drug paraphernalia.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Cherokee County Sheriff’s Office, Jacksonville Police Department, and Texas Department of Public Safety – Law Enforcement Division. This case was prosecuted by Assistant U.S. Attorney Jim Noble.
Smith County Man Sentenced for Drug Trafficking ViolationsRead the Press Release
TYLER, Texas - A 34-year-old Tyler, Texas man has been sentenced to federal prison for drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Nyrearae Lewis pleaded guilty on Jan. 5, 2017, to possession with intent to distribute crack and powder cocaine and was sentenced to 57 months in federal prison today by U.S. District Judge Ron Clark.
According to information presented in court, on May 5, 2016, Lewis transported approximately 130 grams of cocaine to a residence in Tyler, Texas, with the intent to sell the cocaine. Once Lewis arrived at the house, he was assisted by the homeowner in converting some of the cocaine to approximately 44 grams of crack. The homeowner declined to purchase any of the cocaine so Lewis left with the cocaine he brought to the residence, including the 44 grams of newly converted crack cocaine. Shortly thereafter the vehicle Lewis was in was stopped for a traffic violation and the cocaine was located under the passenger seat where Lewis was seated. Lewis was indicted on Aug. 17, 2016 and charged with drug trafficking violations.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Tyler Police Department, Texas Department of Public Safety – Law Enforcement Division, and prosecuted by Assistant U.S. Attorney Jim Noble.
Orange County, Texas Man Sentenced for Drug TraffickingRead the Press Release
BEAUMONT, Texas – A 45-year-old Vidor, Texas man has been sentenced to prison for federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Ben Doyle Vaughn, III, pleaded guilty on Jan. 5, 2017, to possession with intent to distribute methamphetamine and was sentenced to 135 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, on Mar. 3, 2016, officers with Orange County (Texas) Sheriff’s Department executed a search warrant for a residence located at 130 Clair St., Vidor, Texas that was known to be occupied by Vaughn. Prior to executing the search warrant, law enforcement officers observed a vehicle they knew to be driven by Vaughn traveling at a high rate of speed and committing other traffic violations. The vehicle was pulled over and Vaughn was found to be the driver of that vehicle. Vaughn was arrested for the traffic violations, gave the officers permission to drive his truck back to his house and also gave the officers consent to search his vehicle. A search of the residence revealed methamphetamine paraphernalia and marijuana inside a shop located at the back of a carport that Vaughn claimed to be his and provided the keys to unlock it. A small amount of methamphetamine was also discovered in Vaughn’s bedroom on his nightstand in the house. As the search continued, two K-9s were called to the scene and alerted on a vehicle, known to be driven by Vaughn, parked under the carport in front of Vaughn’s shop. One of the K-9’s alerted to the area surrounding that vehicle. As the officers moved the vehicle to search under and around the vehicle, officers observed a patch of disturbed dirt underneath one of the vehicle tires. This area was searched and officers dug up a metal can containing two plastic bags containing what was believed to be methamphetamine inside. Another quantity of methamphetamine was located in a bag and attached to the underside of the truck Vaughn was driving when he was brought back to the house for the search.
This case was investigated by DHS/ICE/HSI, Beaumont Police Department, Orange County Sheriff’s Office and the Orange Police Department and prosecuted by Assistant U.S. Attorney Michelle S. Englade.
Indiana Man Sentenced for Committing Perjury in East Texas TrialRead the Press Release
TYLER, Texas – A 56-year-old Fishers, Indiana man has been sentenced to federal prison for committing perjury in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
David Hernon, formerly of Richardson, Texas, pleaded guilty on Dec. 29, 2015, to making false declarations before the court and was sentenced to 15 months in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, in 2011, Hernon’s co-defendant and former business partner, Albert Davis, 56, formerly of Richardson, Texas, through his company, LBDS Holding Company, LLC, filed a federal suit against Korean-company ISOL Technology, Inc. (LBDS Holding Company, LLC v. ISOL Technology, Inc., et al., Case No. 6:11-CV-428) in the Eastern District of Texas, alleging breach of contract, trade secret misappropriation, and unfair competition. During the 2014 trial of the case, Davis and Hernon testified falsely about business dealings with Cerner Corporation and offered false exhibits to support LBDS’s claim for damages. At the conclusion of the trial, the jury awarded LBDS a verdict of $25 million. When the perjury was discovered, attorneys for ISOL filed an emergency motion for sanctions against LBDS. The district court vacated the verdict, dismissed LBDS’s case with prejudice, and awarded ISOL $738,706.47 in attorney’s fees.
Davis and Hernon were charged in the Eastern District of Texas in 2015 with making false declarations before court. Davis’s case remains pending.
Davis, David Tayce, 67, of Lucas, Texas, Hernon, and Richard Bryant, 41, and his wife, Christina Bryant, 41, both of Sachse, Texas, were charged in a related case in the Western District of Missouri for conspiring to commit wire fraud. From Aug. 25, 2008 to Feb. 19, 2015, Davis and his co-conspirators engaged in a scheme to use Cerner Corporation’s reputation and standing in the medical field to manipulate business transactions and court proceedings in their favor.
On Apr. 24, 2017, Davis, was sentenced by U.S. Chief District Judge Greg Kays in the Western District of Missouri to 12 years in federal prison. The court also ordered Davis to pay $19,151,555 in restitution to the victims of the fraud scheme.
On Apr. 25, 2017, Tayce, Hernon, Richard Bryant, and Christina Bryant were sentenced in separate appearances before Judge Kays. Tayce was sentenced to six years and six months in federal prison and ordered to pay $19,151,555 in restitution. Hernon was sentenced to four years and four months in federal prison and ordered to pay $6,487,224 in restitution. Richard and Christina Bryant were each sentenced to five years of probation and ordered to pay $8,079,197 in restitution.
In a related matter, in the summer of 2013, Davis and Tayce, approached Community Trust Bank regarding financing for iHeart Care cardiovascular surgical centers that Davis and Tayce planned to develop across North Texas. The plan, as outlined by Davis and Tayce, was to open multiple iHeart cardiovascular surgical centers and team up with physicians at each location who would invest in the surgical centers and refer patients to the cardiovascular practices. Over the course of the next year, Davis, Tayce, and Rachelle Dashner, 44, of Dallas, Texas, prepared loan documents related to various iHeart Care locations in Denton, Ennis, Mesquite, and Mansfield. Davis, Tayce, and Dashner identified numerous physicians as guarantors in the loan documents without the physicians’ knowledge and authorization. The loan documents were submitted to Community Trust Bank, and based upon various false and fraudulent representations, Community Trust Bank funded numerous loans to iHeart. In many instances, the iHeart facilities for which financing was obtained were never built or made operational. In total, Davis, Tayce, and Dashner submitted fraudulent loan documents to Community Trust Bank and secured five fraudulent loans totaling over $7,500,000.
Dashner was charged in the Eastern District of Texas with conspiracy to commit bank fraud. She pleaded guilty on May 18, 2017. At sentencing, Dashner faces up to five years in federal prison.
This case was investigated by the Federal Bureau of Investigation. It was prosecuted by Assistant U.S. Attorney Nathaniel C. Kummerfeld, in cooperation with Assistant U.S. Attorney Matthew P. Wolesky of the Western District of Missouri and Assistant U.S. Attorney Kimberly Davis of the Western District of Arkansas.
Federal Prison Chaplain Sentenced for BriberyRead the Press Release
BEAUMONT, Texas – A 43-year-old federal prison chaplain has been sentenced for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Eric S. Patrick, of Nederland, Texas, pleaded guilty on Jan. 19, 2017, to bribery of a public official and was sentenced to one year and one day in federal prison today by U.S. District Judge Thad Heartfield.
According to information presented in court, in July 2015, investigators at the U.S. Penitentiary in Beaumont, Texas seized two gallon bags of tobacco and rolling papers from inmates at the prison. An investigation revealed that Patrick, while employed by the U.S. Bureau of Prisons as a chaplain at the prison, was smuggling tobacco and cigarettes into the prison for inmates. To facilitate the scheme, Patrick set up several scam post office boxes and charged inmates $1,500 in each instance.
This case was investigated by the Department of Justice – Office of the Inspector General, the U.S. Postal Inspection Service, and the Drug Enforcement Administration. This case was prosecuted by Assistant U.S. Attorney John Craft.
Financial Planner Guilty of Mail FraudRead the Press Release
BEAUMONT, Texas – A 67-year-old Houston man has pleaded guilty to federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Lawrence Allen DeShetler pleaded guilty to mail fraud today before U.S. Magistrate Judge Keith Giblin.
According to information presented in court, DeShetler has been a certified financial planner (CFP) and investment advisor since 1994, and has been president of DeShetler & Company, Inc. since 1988. In his capacity as a CFP and investment advisor, DeShetler would advise clients on investment strategies and act as a broker for financial products, such as annuities and insurance policies. However, beginning in 2014, DeShetler began soliciting funds from clients by convincing them they could see higher returns on their money if they allowed him to invest it. Based on DeShetler’s advice, the clients then withdrew money from their existing investment accounts and gave him the proceeds. DeShetler then deposited the funds in bank accounts in his name and under his exclusive control, and then used the money for his personal benefit. In total, DeShetler fraudulently obtained $1,907,003.71 from five clients, including two from the Jefferson/Orange county area of the Eastern District of Texas.
Under federal statutes, DeShetler faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Bureau of Investigation; Orange County Sheriff’s Office, Texas Department of Public Safety, Texas State Securities Board, Jefferson County District Attorney’s Office, and Montgomery County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Christopher T. Tortorice.
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Dallas Man Guilty in Drug Distribution ConspiracyRead the Press Release
TYLER, Texas – A 29-year-old Dallas man has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Sharjeel Jeff Ali pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Ali entered his guilty plea today before U.S. Magistrate Judge K. Nicole Mitchell.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
According to information presented in court, from at least April 2013, Ali and his co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Ali and four others were indicted by a federal grand jury on Aug. 3, 2016
Under federal statutes, Ali faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
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Smith County Man Guilty in Drug Distribution ConspiracyRead the Press Release
TYLER, Texas – A 58-year-old Tyler, Texas man has pleaded guilty to federal drug conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Saleem Jeffer Jiwani pleaded guilty to conspiracy to distribute and possession with intent to distribute Schedule I controlled substances, conspiracy to distribute and possession with intent to distribute controlled substance analogues, and engaging in monetary transactions. Jiwani entered his guilty plea on May 31, 2017 before U.S. Magistrate Judge K. Nicole Mitchell.
On Aug. 4, 2016, a combined task force of federal, state and local law enforcement executed federal arrest and search warrants in Plano, Carrollton, Dallas and Tyler, Texas as a result of a joint investigation by the U.S. Drug Administration, Plano Police Department, Internal Revenue Service, Bureau of Alcohol, Tobacco, Firearms and Explosives and Smith County Sheriff’s Office.
According to information presented in court, from at least April 2013, Jiwani and his co-defendants, conspired to distribute synthetic drugs at two retail establishments in the Eastern District of Texas: Minute Stop/Valero Gas Station located at 11874 Hwy 64 West in Tyler, Texas and Ashes Smokes and Tattoos located at 1428 Avenue K in Plano, Texas. Jiwani and four others were indicted by a federal grand jury on Aug. 3, 2016
Under federal statutes, Jiwani faces up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by DEA, Plano Police Department, IRS, ATF, and the Smith County Sheriff’s Office and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
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Man Found Guilty on Multiple Home Invasion and Car–Jacking ChargesRead the Press Release
PLANO, Texas – A jury has found a 26-year-old Norman, Oklahoma man guilty of federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Jermaine Webster Harris was found guilty by a jury following a nine-day trial before U.S. District Judge Marcia Crone in Plano. Harris had been named in a 17-count indictment in which he was charged with conspiracy to carry a firearm during and in relation to a crime of violence, conspiracy to commit theft of firearms, conspiracy to possess stolen firearms, car-jacking, use and carry of a firearm in furtherance of a crime of violence, theft of firearms, and possession of stolen firearms.
According to information presented in court, Harris, along with his co-defendants, committed numerous home invasion robberies, burglaries, and two car-jackings in and around Plano and Frisco, Texas. Harris was armed during the car-jackings.
Under federal statutes, Harris faces up to life in federal prison at sentencing. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
“Congratulations to all who contributed to achieving this conviction,” said Brit Featherston, Acting U.S. Attorney, “When violent criminals endanger the citizens of this community, they better keep watch over their shoulder, because the weight of the federal government, and all of law enforcement, is coming to get them.”
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the Bedford Police Department, the Plano Police Department, the Frisco Police Department, and the Lewisville Police Department. This case was prosecuted by Assistant U.S. Attorney, Tracey Batson and Assistant U.S. Attorney Ernest Gonzalez.
Gregg County Men Guilty in Federal Drug ConspiracyRead the Press Release
TYLER, Texas – Two Longview, Texas men have pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Quintus Dewayne Shaw, 30, pleaded guilty to possession with intent to distribute crack cocaine near a playground and felon in possession of a firearm before U.S. Magistrate Judge John D. Love on May 23, 2017.
Jonathan Lavel Wilson, 35, pleaded guilty to possession with intent to distribute crack cocaine near a playground today before Judge Love.
According to information presented in court, on Mar. 6, 2017, Shaw and Wilson participated in the distribution of crack cocaine within 1,000 feet of a Longview playground. On Jan. 12, 2017, during the execution of a search warrant at a Longview residence by the Gregg County C.O.D.E. Unit, Shaw possessed a firearm. Shaw and Wilson were indicted by a federal grand jury on Feb. 17, 2017, and charged with drug trafficking violations.
Under federal statutes, the defendants each face up to 20 years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Federal Bureau of Investigation, the Texas Department of Public Safety – Criminal Investigations Division, Gregg County C.O.D.E. Unit and prosecuted by Assistant U.S. Attorney Mary Ann Cozby.
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Smith County Constable Guilty of Federal Tax ViolationsRead the Press Release
TYLER, Texas – A long-time Smith County Precinct One Constable has pleaded guilty to federal criminal tax violations in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherston today.
Henry Phillip Jackson, 65, of Tyler, Texas pleaded guilty to four counts of willful failure to file federal income tax returns today before U.S. Magistrate Judge K. Nicole Mitchell.
According to information presented in court, Jackson, who has served as an elected constable since 1999, received income from 2010-2013 that required him to file federal income tax returns for those years. However, Jackson failed to file those returns and now owes more than $160,000 in taxes.
Under federal statutes, Jackson faces up to one year in federal prison for each count at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case was investigated by the Internal Revenue Service – Criminal Investigations and the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Frank Coan.
Texas Men Indicted on Federal Hate Crime Charges for Targeting Victims based on their Sexual OrientationRead the Press Release
SHERMAN, Texas – A federal grand jury returned an 18-count superseding indictment charging four Frisco, Texas men with federal hate crime and conspiracy charges in the Eastern District of Texas, announced Acting U.S. Attorney Brit Featherson today.
Anthony Shelton, 19; Nigel Garrett, 21; Chancler Encalade, 20; and Cameron Ajiduah, 18, were named in a superseding indictment returned by a federal grand jury today charging them with conspiring to cause bodily injury to persons because of the sexual orientation of those persons.
According to the indictment, from Jan. 17 to Feb. 7, 2017, the defendants committed home invasions in Plano, Frisco, and Aubrey, Texas. For each of the four home invasions, the defendants used Grindr, a social media dating platform for gay men, to falsely identify as a gay man and arrange to meet the victim at the victim’s home. Upon entering the victim’s home, the defendants assaulted the victim, restrained the victim with tape, and made derogatory statements about the victim being gay. The defendants possessed a firearm during each home invasion, and they stole the victim’s property, including his motor vehicle.
For these crimes, the defendants have been charged with conspiracy, kidnapping, carjacking and possession of a firearm in furtherance of these crimes. The hate crime counts carry a maximum statutory penalty of life in prison.
An indictment merely establishes probable cause, and the defendants are presumed innocent unless proven guilty.
This case is being investigated by the ATF, the Plano Police Department and the Frisco Police Department. The case is being prosecuted by Assistant U.S. Attorney Tracey Batson of the U.S. Attorney’s Office of the Eastern District of Texas and Trial Attorney Saeed Mody of the Justice Department’s Civil Rights Division.