District of Vermont
Press releases recorded for this federal judicial district.
Rutland Man Charged with Production and Possession of Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that David Hughes, 37, of Rutland, Vermont, was charged by criminal complaint in United States District Court in Burlington, Vermont, with one count of production of child pornography and one count of possession of child pornography. Hughes was arrested and made his initial appearance to answer the complaint in federal court on December 27, 2018. At the January 2, 2019 hearing on the government’s motion for pretrial detention, U.S. Magistrate Judge John M. Conroy granted the motion and ordered Hughes detained without bail pending trial. Hughes is next scheduled to appear in Federal court on January 10, 2019, at 3:00 pm.
According to court records and proceedings, in 2014, the Rutland Police Department investigated a report that Hughes had sexually assaulted a three-year old little girl while playing a game called “Find the kitty.” Hughes was a friend of the family of the victim. The investigation did not result in charges brought against Hughes.
In late November 2018, a family member of the victim in the 2014 case discovered a box in his mother’s basement belonging to Hughes that contained video tapes of child pornography. Specifically, the video tapes showed the 2014 victim and two other minor family members being exploited and sexually assaulted by Hughes. In one of the tapes, Hughes encouraged the three-year victim to pull down her pants as they played a game called “Find the kitty.” In a statement given to Rutland Police Department officers after discovery of the tapes, Hughes admitted to exploiting and sexually assaulting the children depicted in videos. He admitted to producing the videos and explained that he “made the videos so it would keep going on.” Rutland PD officers executed a search warrant at Hughes’ residence. At that time, Hughes identified a desktop computer as belonging to him. Investigators obtained a warrant to search that computer. Approximately nine images of child pornography, including some images depicting infants, were found on that computer during a “preview” search.
Hughes was charged in Vermont Superior Court in Rutland with one count of aggravated sexual assault of a victim less than 13 years old, and one count of lewd and lascivious conduct with a child. Hughes pleaded not guilty to both charges prior to his arrest on federal charges. That case is being prosecuted by Rutland County Chief Deputy State’s Attorney Peter M. Bevere. The lead state investigator is Rutland Police Department Detective Ryan Ashe.Assistant U.S. Attorney Barbara A. Masterson is handling the Federal prosecution of Hughes. The lead Federal investigator is Homeland Security Investigations Special Agent Caitlin Moynihan. Assistant Federal Public Defender Elizabeth K. Quinn represents Hughes.
U.S. Attorney Nolan emphasized that the defendant is presumed innocent until and unless proven guilty. If convicted, Hughes’ sentence will be determined by the advisory United States Sentencing Guidelines.
U.S. Attorney Nolan commended the efforts of the Rutland Police Department, Castleton Police Department, Rutland Unit for Special Investigations at the Child First Advocacy Center, Vermont Internet Crimes Against Children Task Force, Homeland Security Investigations, and the Vermont Attorney General’s Office.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Connecticut Man Sentenced to 60 Months Imprisonment for Conspiracy to Distribute Drugs in Chittenden County and Unlawful Possession of FirearmsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Anthony Mickens (a.k.a. “K”), 26, of Hartford, Connecticut, was sentenced yesterday to 60 months imprisonment by United States District Court Judge Christina Reiss, in U.S. District Court in Burlington, Vermont. Judge Reiss also sentenced Mickens to a three-year period of supervised release by the U.S. Probation Office, which begins when Mickens is released from prison. Finally, the Court ordered the forfeiture of $5,592 of drug proceeds seized from Mickens at the time of his arrest.
Mickens previously pled guilty to conspiracy to distribute heroin and cocaine base and possession of firearms by a felon. Mickens was facing a maximum sentence of twenty years imprisonment for the drug conspiracy and ten years imprisonment for the firearms offense.
According to court records, in August 2017, Mickens conspired with others to distribute heroin and crack cocaine in Chittenden County. Mickens obtained his drugs from Connecticut. At that time, Mickens lived at 46 Foxwood Circle in Williston and used a female drug user and other persons to sell drugs for him in Chittenden County. Mickens also unlawfully acquired two stolen .22 caliber pistols by trading heroin and crack cocaine to the thief for the guns. Given that Mickens had prior felony convictions he was prohibited from possessing any firearms.
Kelly D. Brady, Special Agent-in-Charge of the Boston Field Division of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), which covers all the New England states, stated: “ATF will continue to work with our state and local law enforcement counterparts, to vigorously combat drug traffickers and the threat they pose to our citizens by illegally possessing firearms in furtherance of their illegal drug trade”
The government wrote in its sentencing memorandum:
Heroin and crack cocaine are destroying lives and families in many Vermont communities. A strong message needs to continually be sent to persons, such as the defendant, who deal drugs for profit and prey on addicts, that there are significant legal consequences for distributing these addictive poisons and acquiring firearms through drug trafficking. A 60-month sentence in the context of this case achieves that deterrence goal.
U.S. Attorney Christina Nolan added: “This case, once again, highlights the link between trafficking in dangerous drugs and gun crime. It is also an example of the success we achieve through the Vermont law enforcement model of collaboration on all levels to make communities safer. The Vermont law enforcement team will never tire in its mission to bring strong consequences to those who engage in violence and unlawfully possess firearms in connection with the drug trade.”
This case was jointly investigated by the Burlington Police Department, Williston Police Department, Winooski Police Department, Milton Police Department, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Joseph Perella is prosecuting this case case on behalf of the United States. Mickens is represented by Steven Barth, Esq., of the Federal Public Defenders Office.
Federal Jury Convicts Sudbury Man for Flying Without A Valid Pilot’s LicenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Angelo Efthimiatos, 49, of Sudbury, Vermont, was convicted yesterday of flying an airplane without a valid pilot’s license following a two-day jury trial. Mr. Efthimiatos faces up to two years of incarceration on the charge.
According to the indictment in the case and information presented at trial, just after midnight on April 10, 2018, Efthimiatos landed a small plane at the Rutland Regional Airport in North Clarendon, Vermont. The flight originated in Nantucket, Massachusetts. Efthimiatos was intercepted by federal agents at the airport and was arrested. At the time of his arrest in Vermont, Efthimiatos was on supervised release in the Southern District of Iowa for a prior conviction for transporting 50 kilograms or more of marijuana by plane. He served 57 months in prison for that offense. His airman’s certificate, at issue in the Vermont case, was revoked as of July 1, 2014 following his Iowa conviction. He has been detained since his arrest on April 10, 2018.
Sentencing in the case will be scheduled.
The United States Attorney’s Office recognized the excellent work of Special Agents from the Drug Enforcement Administration and the Department of Transportation’s Office of Inspector General to support the investigation and trial. The FAA also provided extensive support during the case.
At trial, the government was represented by Assistant U.S. Attorneys Nicole Cate and Eugenia Cowles. Mr. Efthimiatos was represented by Craig S. Nolan, Esq. of Sheehey, Furlong, and Behm, P.C.
Massachusetts Man Sentenced to 85 Months in Prison Following Jury’s Conviction for Drug-Related OffensesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on November 27, 2018, United States District Judge Christina Reiss sentenced John Jones, a.k.a. “Champ,” of Springfield, Massachusetts, following his conviction at trial of conspiracy to distribute heroin and 28 grams or more of cocaine base; distribution of heroin; and possession with intent to distribute 28 grams or more of cocaine base. Judge Reiss sentenced Jones to 85 months in prison, to be followed by four years of supervised release.
The evidence presented at trial revealed that from early 2015 through July 13, 2015, Jones conspired with Childlove Gelin, a.k.a. “Rome” and “Haiti,” and others, to distribute large quantities of heroin, cocaine base, and cocaine in southern Vermont. On July 7, 2015, an informant working with the Vermont Drug Task Force purchased heroin from Jones. On July 13, 2015, after selling cocaine base to another informant, Jones and Gelin led police on a prolonged, 130-mile-per hour car chase on Interstate 91. During the course of their flight, $6,700 of cocaine base was thrown from the fleeing vehicle. Jones and Gelin were ultimately apprehended in Massachusetts. The trial evidence also detailed Jones’ manufacture of cocaine base and his sexual exploitation of addicts.
Jones was subject to a mandatory minimum sentence of 60 months for his crimes. In imposing the 85-month sentence, Judge Reiss considered the defendant’s significant criminal history, which included convictions for shooting another individual in the chest at point-blank range, and three separate convictions for domestic assault and battery, one of which was an aggravated offense in which Jones struck and strangled the pregnant mother of his children. The sentence also was based on the defendant’s intimidation of a witness.
United States Attorney Christina E. Nolan commended the efforts of the Vermont State Police, the Massachusetts State Police, the Brattleboro Police Department, the Springfield, Massachusetts Police Department, and the United States Department of Homeland Security for their work on this investigation.
The case was tried by U.S. Attorney Nolan and Assistant U.S. Attorney Nate Burris. Jones was represented by Attorney Richard Bothfeld.
Brooklyn Man Sentenced to 72 Months in Jail for Possession with Intent to Distribute Crack CocaineRead the Press Release
Christina E. Nolan, United States Attorney for the District of Vermont, stated that Shane David, 24, of Brooklyn, New York, was sentenced today in United States District Court in Burlington by U.S. District Court Judge Christina Reiss, to 72 months in prison followed by four years of post-release supervision, for possession with intent to distribute approximately 1.4 kilograms of crack cocaine and 1.05 kilograms of marijuana.
According to court records, on October 14, 2017, David was stopped by Vermont State Police for speeding on VT Route 22A in West Haven, Vermont. A subsequent investigation led to substantial seizures from the vehicle of crack cocaine and marijuana with a combined street value of between $170,000 and $200,000.
On January 11, 2018, David was indicted by a federal grand jury on a one-count indictment charging him with Possession with Intent to Distribute crack cocaine and marijuana. David pleaded guilty to a Superseding Information on August 10, 2018, pursuant to a negotiated plea agreement.
The case was jointly investigated by the Vermont State Police and the Federal Bureau of Investigation. The United States Attorney commends those agencies for their work and cooperation. David was represented by Assistant Federal Public Defender Elizabeth Quinn. The prosecutor was Assistant U.S. Attorney Abigail Averbach.
Five Drug-Traffickers Sentenced for Roles in Multi-Year ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that five individuals were sentenced by United States District Judge William K. Sessions for their roles in a multi-year conspiracy to distribute heroin, cocaine base, and cocaine. On November 19, 2018, Robbull Bryant was sentenced to a 90-month term of imprisonment, Elijah Ealey was sentenced to a 33-month term of imprisonment, and Jason Bunch was sentenced to an 18-month term of imprisonment. Earlier this year, Earl Brown was sentenced to a 48-month term of imprisonment and Alfred Spellman was sentenced to a 25-month term of imprisonment.
According to court filings, from late 2014 through August 26, 2016, the defendants conspired together to distribute large quantities of heroin, cocaine base, and cocaine in Brattleboro, Vermont and surrounding areas. With the assistance of confidential informants, law enforcement conducted 11 separate controlled purchases of heroin, cocaine base, and cocaine from the members of the conspiracy. On August 26, 2016, an argument over a drug debt led to a shootout between Bryant and another individual in which Bryant fired multiple rounds from a Ruger .40 caliber semiautomatic handgun in a residential neighborhood in Putney, Vermont.
Bryant was additionally convicted of being a felon in possession of a firearm. For his crimes he faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The remaining defendants faced a statutory maximum term of 20 years in prison. In imposing the sentences, Judge Sessions considered a number of factors, including the severity of the offense, the harm controlled substances have caused to Vermont communities, and the defendants’ criminal records.
United States Attorney Christina E. Nolan commended the efforts of the Federal Bureau of Investigation, Department of Homeland Security, Bureau of Alcohol Tobacco and Firearms, and the Vermont State Police for their work on this investigation.
The prosecution was handled by U.S. Attorney Nolan, and Assistant U.S. Attorneys Nate Burris, and Paul Van de Graff. Bryant was represented by Attorney Michelle Barth, Ealey was represented by Attorney Richard Bothfeld, Bunch was represented by Attorney Robert Sussman, Brown was represented by Attorney Chandler Matson, and Spellman was represented by Attorney Craig Nolan.
Mexican National Pleads Not Guilty to Returning to the United States Following DeportationRead the Press Release
The United States Attorney for the District of Vermont announced that Miguel Lopez-Castillo, 34, a Mexican national, pleaded not guilty on November 15, 2018, in United States District Court in Burlington to a charge that he was found in the United States after having been previously deported. U.S. Magistrate Judge John M. Conroy ordered that Lopez-Castillo be detained pending trial, which has not been scheduled.
According to the indictment, Lopez-Castillo has twice been deported from the United States: first in 2008 and again in 2012. In late May 2018, agents with the Department of Homeland Security learned that Lopez-Castillo had at some point returned to the United States illegally, without having obtained authorization from the Attorney General to do so. At the time of his indictment this past August, Lopez-Castillo was in the custody of the Vermont Department of Corrections following his arrest in Burlington. That state case ended on November 15, 2018, with Lopez-Castillo’s guilty plea and time-served sentence. Agents then took the defendant into federal custody.
The United States Attorney emphasizes that the charge in the indictment is merely an accusation and that the defendant is presumed innocent unless and until he is proven guilty.
If convicted, Lopez-Castillo faces up to two years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
Lopez-Castillo is represented by Assistant Federal Public Defender Barclay Johnson. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Debra Bluto Pleads Not Guilty to Social Security FraudRead the Press Release
The United States Attorney for the District of Vermont announced that Debra Bluto, 64, of St. Albans Bay, pleaded not guilty today in United States District Court in Burlington to charges that she defrauded the Social Security Administration. U.S. Magistrate Judge John M. Conroy released Bluto on conditions pending trial, which has not been scheduled.
On October 24, a federal grand jury in Rutland returned a four-count indictment charging Bluto with stealing government funds and making false statements to the Social Security Administration. According to the indictment, Bluto’s grandson began receiving Supplemental Security Income benefits from the government in 2001. SSI is a special needs-based benefit program designed to provide financial assistance to aged, blind and disabled persons who have little or no income. The benefits for Bluto’s grandson were paid directly to Debra Bluto as her grandson’s representative payee.
For most of the period between May 2008 and January 2017, Bluto’s grandson was incarcerated following his convictions for serious crimes. By law, Bluto’s grandson was not entitled to receive SSI benefits during any period of incarceration. Nonetheless, Bluto continued to receive her grandson’s SSI benefits for the entire time he was in jail. According to the indictment, in annual reports she had to file with the Social Security Administration, Debra Bluto concealed the fact that her grandson was in prison and falsely claimed that she used all the SSI funds to pay for his care. In fact, the indictment charges, Debra Bluto converted those illegitimate payments – which totaled approximately $50,000 - to her own benefit.
The United States Attorney emphasizes that the charges in the indictment are merely accusations and that the defendant is presumed innocent unless and until she is proven guilty.
If convicted, Bluto faces up to ten years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
This case was investigated by the Office of the Inspector General of the Social Security Administration.
Bluto is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Cameron Weaver Sentenced for Possession with Intent to Distribute FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Cameron Weaver, a resident of Philadelphia, was sentenced yesterday in United States District Court in Rutland after pleading guilty to possession with intent to distribute fentanyl and cocaine base. Chief U.S. District Judge Geoffrey W. Crawford sentenced Weaver to 18 months in prison and three years of supervised release. Mr. Weaver has been incarcerated since his arrest on March 13, 2018.
According to court records, on March 13, 2018, the Vermont Drug Task Force used a confidential informant to purchase from Weaver approximately seven grams of cocaine base, commonly referred to as crack cocaine, and over 100 bags of heroin. Subsequent laboratory testing confirmed that the bags tested positive for heroin and fentanyl. Shortly after the purchase, law enforcement stopped Mr. Weaver’s car and placed him under arrest. During a subsequent search of Weaver, law enforcement recovered approximately $4700 in cash, just over 400 bags of heroin, and approximately 8 grams of cocaine base. Subsequent laboratory testing confirmed that the heroin tested positive for heroin and fentanyl. These seizures of cash and drugs occurred while Weaver was on pre-trial diversion for a felony money laundering offense in New Jersey.
This case was investigated by the Vermont Drug Task Force, with the assistance of the South Burlington Police Department. Weaver is represented by Jason J. Sawyer. The government is represented by Assistant U.S. Attorney Jonathan Ophardt.
U.S. Attorney Nolan Announces Election Day Program for November 6th ElectionRead the Press Release
United States Attorney Christina E. Nolan announced today that, as part of the State’s overall strategy to ensure the integrity of the upcoming election, she has specially assigned Assistant United States Attorney (AUSA) Michael Drescher to lead the efforts of the U.S. Attorney’s Office (USAO). The Vermont USAO program occurs in connection with the Justice Department’s nationwide Election Day Program for the upcoming November 6, 2018 elections. AUSA Drescher has been appointed to serve as the District Election Officer (DEO) for the District of Vermont and, in that capacity, is responsible for overseeing the Office’s handling of complaints of election fraud and voting rights abuses in consultation with Justice Department Headquarters in Washington, D.C., the Vermont Secretary of State’s Office, and the Vermont Department of Public Safety.
U.S. Attorney Nolan said, “Every citizen must be able to vote without interference or discrimination and to have that vote counted without it being stolen because of fraud. The Department of Justice will act promptly and aggressively, working with its federal and state partners, to protect the integrity of the election process.”
The Department of Justice has played a long-standing and important role in deterring election fraud and discrimination at the polls, and combating these violations whenever and wherever they occur. The Department’s enduring Election Day Program furthers these goals and seeks to ensure public confidence in the integrity of the election process by providing local points of contact within the Department of Justice in order for the public to report possible election fraud and voting rights violations while the polls are open on election day.
Federal law protects against such crimes as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also contains special protections for the rights of voters and provides that they can vote free from acts that intimidate or harass them. For example, actions of persons designed to interrupt or intimidate voters at polling places by questioning or challenging them, or by photographing or videotaping them, under the pretext that these are actions to uncover illegal voting, may violate federal voting rights law. Further, federal law protects the right of voters to mark their own ballot or be assisted by a person of their choice.
The franchise is the cornerstone of American democracy. We all must ensure that those who are entitled to the franchise exercise it if they choose, and that those who seek to corrupt it are brought to justice. In order to respond to complaints of election fraud or voting rights abuses on November 6, 2018, and to ensure that such complaints are directed to the appropriate authorities, United States Attorney Nolan stated that AUSA/DEO Drescher will be on duty in this District while the polls are open. AUSA/DEO Drescher can be reached at 802-951-6725 during regular office hours, and then at 802-651-8246 after hours on election day. In addition, the Vermont Secretary of State’s Office has established a Hotline which Vermonters can call to report any election-related complaints. The Hotline number is 1-800-439-VOTE (8683).
The FBI will also have special agents in each field office throughout the country to receive complaints related to allegations of election fraud and other election abuses. Vermonters can call (518) 431-7200 and calls will be directed to the appropriate field office.
Complaints about possible violations of the federal voting rights laws can be made directly to the Civil Rights Division’s Voting Section in Washington, D.C. by phone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected] or by completing a complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
U.S. Attorney Nolan said, “Ensuring free and fair elections depends in large part on the cooperation of the American electorate. It is imperative that those who have specific information about discrimination or election fraud make that information available immediately to my Office, the FBI, the Department of Justice Civil Rights Division, the Vermont Secretary of State’s Office, or the Vermont Department of Public Safety.”
Vermont Secretary of State Jim Condos, the State’s Chief Election Official, stated: “Securing Vermont’s elections takes a dedicated team of state and federal partners. Our state and federal partners are all working diligently with us to ensure that when a Vermont voter goes to the polls on Election Day they can cast their ballot confident in the integrity and security of their vote.” He added, “No Vermont voter should be denied their Constitutional right to cast a ballot, and any voter experiencing issues on Election Day may call our Election Day hotline at 1-800-439-VOTE (8683).”
Manchester Pizza Shop Owner Sentenced to 10 Years for Conspiracy to Distribute HeroinRead the Press Release
The United States Attorney for the District of Vermont announced that Marco Antonio Lam Peralta (also known as Tony Lam), 45, of South Londonderry, Vermont, was sentenced Tuesday to ten years of imprisonment following his conviction for conspiracy to distribute more than a kilogram of heroin. The sentencing followed Lam's guilty plea, as well as his unsuccessful effort to withdraw from his guilty plea. United States District Judge William K. Sessions III also ordered that Lam serve five years of supervised release following the completion of his prison sentence. Lam has been in the custody of the United States Marshals Service since his March 2016 arrest.
Court records indicate that during the summer and fall of 2015 Lam conspired with his co-defendant Diego Mejia Paredes to ship large quantities of heroin from Guatemala, hidden in Guatemalan food supplement packaging, to various addresses in Southeastern, Vermont. In early October 2015 customs officials discovered more than 41 kilograms of heroin in one such shipment, addressed to a restaurant in Manchester Center, Vermont. Mejia arrived at the restaurant to take delivery of the shipment. While waiting for the heroin to arrive, Mejia spoke with Lam over the phone, and Lam called DHL, the shipping company used by the conspiracy to import the heroin.
Additional investigation led agents to conclude that this was the conspiracy's eighth shipment into Vermont in 2015. The previous shipments were sent to locations associated with Lam, including his pizza shop, Tony's New York Style Pizzeria in Bondville, as well as Lam's previous residence in Manchester, Vermont. Evidence also showed that Lam directed Mejia as to where to address several of these shipments, and Mejia directed Lam with regard to other aspects of the conspiracy.
Lam is a citizen of Guatemala. Court records reflect that he is likely to be removed from the United States following his prison sentence. In December 2017 Judge Sessions sentenced Lam's co-defendant Mejia Paredes to a 180 month term of imprisonment.
This case was investigated by the Department of Homeland Security, the Drug Enforcement Administration, the Vermont State Police, and the Bureau of Alcohol, Tobacco and Firearms, with assistance from the Manchester, Vermont, Police Department.
Lam is represented by Mark Kaplan. The prosecutor is Assistant United States Attorney Michael Drescher.
Jamal Hall Charged with Being A Felon in Possession of A Firearm in Connection with Rutland Bar ShootingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jamal
Hall, age 41, of Brooklyn, New York and Rutland, Vermont, was arraigned today in U.S. District
Court in Burlington on a charge of being a felon in possession of a firearm.As detailed in the government’s motion for detention, shortly after midnight on April 13,
2018, Hall fired a .40 caliber semi-automatic pistol inside of the Hide-A-Way Tavern in Rutland,
Vermont. That night, Hall became engaged in a confrontation with another male patron. In
response to the male patron swinging his fist at Hall, Hall pulled the pistol from his waistband
and fired in close range at the male patron. The bullet did not strike the male patron, nor did it
strike multiple other people nearby. Hall is a prior felon with drug convictions in both New
York and Vermont. Accordingly, Hall is prohibited from possessing firearms under federal law.At his appearance in federal court today before United States Magistrate Judge John M.
Conroy, Hall entered a plea of not guilty. The defendant was ordered detained pending further
proceedings.This case is the result of an investigation conducted by the Bureau of Alcohol, Tobacco,
Firearms and Explosives as well as the Rutland Police Department. The Vermont State Police
were instrumental in the defendant’s arrest, which occurred after the defendant led law
enforcement on a high-speed chase in Southern Vermont. The Rutland County State’s
Attorney’s Office also provided valuable assistance.“This case demonstrates the commitment of the U.S. Attorney’s Office to protect
Vermont communities, in all parts of the state, from those who engage in gun violence. Illegal
possession and use of firearms —particularly in bars and nightclubs — puts the innocent public
and law enforcement officers at great risk. Those who commit such crimes will be brought to
justice through the collaborative efforts of federal, state, local, and county law enforcement
agencies.”“This investigation exemplifies ATF’s commitment to protect our communities from
violent criminals who possess firearms” said ATF Acting Special Agent in Lawrence
Panetta. “ATF will continue to collaborate with our law enforcement partners to eradicate
violent gun related crime.”Rutland County State’s Attorney Rose Kennedy stated, “This case represents the
collaborative efforts of local, state and federal authorities to try and keep the community safe. I
want to thank U.S. Attorney Nolan for making the prosecution of illegal firearms possession
cases a priority.”Assistant U.S. Attorney Andrew C. Gilman represents the United States. Assistant
Federal Defender Elizabeth K. Quinn represents Hall. The United States Attorney emphasizes
that the charges contained in the indictment are merely accusations and that the defendant is
presumed innocent unless and until he is proven guilty.This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law
enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer
for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s
renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership
with federal, state, local, and tribal law enforcement and the local community to develop effective,
locally‐based strategies to reduce violent crime.Waterbury Man Sentenced for ArsonRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Timothy Durkin, 43, was sentenced yesterday in United States District Court in Rutland, Vermont, to serve five years in prison after his guilty plea to maliciously destroying by means of fire real property used in interstate commerce. Chief U.S. District Judge Geoffrey W. Crawford also ordered Durkin to serve a three year term of supervised release upon his release from prison.
According to court records and proceedings, in the early morning hours of October 27, 2017, Durkin set fire to a building located at 3579 Waterbury-Stowe Road in Waterbury, Vermont. The fire destroyed the entire building. In December 2017, after he was arrested on unrelated charges in Washington County Superior Court, Durkin admitted to the arson.
Assistant U.S. Attorney Jonathan A. Ophardt handled the prosecution. Durkin was represented by Assistant Federal Public Defender David L. McColgin. U.S. Attorney Christina E. Nolan commended the efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Vermont State Police in the investigation and prosecution of Durkin.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
Vermont Man Sentenced for Distribution and Possession of Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Hilary Denault-Reynolds, 53, formerly of St. Albans, Vermont, was sentenced on October 22, 2018, in United States District Court in Rutland, Vermont, to serve seven years in prison after his guilty plea to one count each of distribution of child pornography and possession of child pornography. Chief U.S. District Judge Geoffrey W. Crawford also ordered Denault-Reynolds to serve a fifteen year term of supervised release upon his release from prison.
According to court records and proceedings, in spring of 2016, internet service providers Yahoo and Chatstep transmitted “Cybertips” to the National Center for Missing and Exploited Children (NCMEC) that a user, later identified as Denault-Reynolds, had transmitted images of child pornography over their online platforms. NCMEC forwarded the tips to the Vermont Internet Crimes Against Children Task Force (the ICAC). The ICAC investigated the tips and obtained warrants to search Denault-Reynolds’ Yahoo account and ultimately his residence in St. Albans, Vermont. On November 17, 2016, law enforcement executed the residential search warrant and seized multiple computers and electronic storage devices from Denault-Reynolds. Forensic examination of the computers and devices revealed that they contained thousands of images and videos of child pornography, and that Denault-Reynolds distributed child pornography to others using Yahoo Messenger. Subsequent investigation revealed that Denault-Reynolds had also bragged online about his sexual abuse of children earlier in his life, and that he had spent years “grooming” a child who lived near him.
The government was represented by Assistant U.S. Attorney Nicole P. Cate. Denault-Reynolds was represented by Assistant Federal Public Defender David L. McColgin.
United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations in the investigation and prosecution of Denault-Reynolds.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Vermont Awarded $1.2 Million Grant to Combat Human TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont, the Office of the Attorney General for the State of Vermont, the Vermont Department of Public Safety, and Vermont Center for Crime Victim Services announced today that the Vermont State Police (VSP) and the Vermont Center for Crime Victim Services (CCVS) have received a $1.2 million grant to combat human trafficking. This U.S. Department of Justice grant, which was awarded September 27, 2018, will allow VSP and CCVS to work collaboratively with the Vermont Human Trafficking Task Force (VT HTTF) to eradicate the exploitation of human beings for labor and commercial sex. With this grant, Vermont will initiate a statewide approach in the fight against this violation of basic human rights.
This grant is designed to support the delivery of comprehensive and specialized services for all victims of human trafficking and the investigation and prosecution of sex and labor trafficking cases. CCVS and VSP will develop and fund at least three new positions entirely dedicated to promoting victim-centered and trauma-informed investigations and comprehensive service delivery. The $1.2 million grant covers a three-year period beginning October 1, 2018.
Since 2013, under the leadership of the U.S. Attorney’s Office and the Vermont Attorney General’s Office, the VT HTTF has worked to facilitate a collaborative effort to eliminate and prevent the trafficking of persons within the State of Vermont; to pursue prosecution of perpetrators; and to protect, rehabilitate, and empower survivors of human trafficking. Human trafficking is a crime that causes deep and lasting trauma to even the strongest of its survivors.
Human trafficking is the act of compelling a person by force, fraud, or coercion to provide labor or a commercial sex act. Coercion may be subtle and insidious, and traffickers often threaten serious physical, psychological, and emotional harm. Human trafficking is a global, national, and local problem, and Vermont is not immune to this crisis. Drug addicts and other vulnerable people such as children, the disabled, and the undocumented are specifically targeted and recruited by traffickers for exploitation. Between 2014 and mid-2017, in the Chittenden County area alone, the HTTF’s data collection efforts estimate that there were over 250 suspected incidents of human trafficking.
Senator Patrick Leahy (D-VT) said, “I’m proud of the great work done by Vermont’s Human Trafficking Task Force to secure this highly competitive grant. As Vice Chairman of the Senate Appropriations Committee, I’ve worked to ensure these funds are available to Vermont and to other states, where some people may not be aware that human trafficking is a problem. Make no mistake, human trafficking can be found everywhere, particularly in areas hard hit by the illicit drug trade. With this grant, Vermont will have more tools to identify victims and target those who are profiting from this insidious trade.”
United States Attorney Christina E. Nolan remarked, “The HTTF and its partners are very grateful to Senator Leahy and the Appropriations Committee for ensuring the availability of funds to combat human trafficking, and we thank the Department of Justice for granting Vermont’s application for this important funding. Human trafficking is one of the most dangerous and least recognized crimes occurring in Vermont, and it is a particularly awful component of the opioid trade. Tragically, drug dealers routinely earn money by using brutal violence and other forms of coercion to compel addicts to perform sex acts. We are currently prosecuting some of the worst perpetrators of this horrific crime in federal court, and offenders should be on notice that they will be targets for federal prosecution in Vermont. As with the opioid crisis, it is only through a multidisciplinary, holistic approach uniting the enforcement, treatment, and prevention communities, that we can successfully combat the inhumanity and horror that is human trafficking. We have pursued this forward-leaning approach through the HTTF, and this grant will allow us to strengthen our partnerships and expand our efforts – particularly to areas outside Chittenden County – so that we can identify and rescue more victims, support more brave survivors, and bring strong consequences to the perpetrators of this grievous injustice.”
Vermont Attorney General T.J. Donovan stated, “This grant will make a difference for Vermont and for all Vermonters impacted by human trafficking. With these funds and dedicated professionals, we will now be able to direct our efforts in a very targeted way. We will be better able to protect victims and hold those who profit from human trafficking accountable.”
“This grant will allow us to make a giant step forward in our fight against this modern day slavery,” stated Commissioner of Public Safety Thomas D. Anderson. “Every year millions of men, women, and children are trafficked in countries around the world. Vermont is not immune from this crime. This grant will allow us to better protect victims and the public,” stated Anderson.
Vermont Center for Crime Victim Services Director Chris Fenno observed that “with this grant, Vermont will be able to strengthen the Human Trafficking Task Force and work across the state with allied professionals to help ensure that victims are identified and assisted. These funds will greatly enhance collaboration and continue building a strong and unified response to hold accountable those who engage in modern day slavery.”
Additional Task Force partners include Give Way to Freedom, United Way, Vermont Network Against Domestic and Sexual Violence, Vermont Coalition of Runaway and Homeless Youth Programs, HOPE Works, Spectrum Youth and Family Services, Disability Rights Vermont, Federal Bureau of Investigation, Homeland Security Investigations, U.S. Drug Enforcement Administration, U.S. Department of State Diplomatic Security Service, U.S. Department of Labor OIG, Vermont Department for Children and Families, Burlington Police Department, South Burlington Police Department, Colchester Police Department, Rutland Police Department, and the Office of the Chittenden County State’s Attorney.
The Vermont Human Trafficking Task Force is led by Co-Chairs Assistant United States Attorney Abigail Averbach, Assistant Attorney General Cindy Maguire, and Dr. Aron Steward of the Department for Children and Families, and is comprised of subcommittees dedicated to Law Enforcement, Victim Services, and Training and Outreach.
To make a report to law enforcement, call the Vermont Human Trafficking Hotline: 1-888-98HUMAN (1-888-984-8626). Information regarding the human trafficking of a youth (under the age of 18) should be reported to the Department for Children and Families by calling Vermont Centralized Intake: 1-800-649-5285.
If you become aware of an instance of human trafficking and would like to speak with a trained specialist who can help assess the situation and provide information and referrals, call: 211. For more information about human trafficking, please visit https://humantraffickinghotline.org or www.justice.gov/humantrafficking.
Vermont Man Charged with Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Shane Allen Edgerly, age 42, of Milton and Fairfield, Vermont, was arraigned yesterday in U.S. District Court in Burlington on a charge of possessing child pornography.
According to a Criminal Complaint filed October 4, 2018, a search warrant was executed that day at Edgerly’s residence after an investigation by Homeland Security Investigations. During the search, images of child pornography were seized.
At an appearance in federal court last week, Edgerly was detained based largely upon his prior record in the State of Vermont. Yesterday a federal Grand Jury passed down an indictment alleging his possession of child pornography.
The indictment, and the prior criminal complaint, are accusations only and the defendant is presumed innocent until and unless proven guilty.
The investigation was conducted by HSI, assisted by Vermont’s Internet Crimes Against Children Task Force. Edgerly is represented by Steven Barth of the Federal Public Defender’s Office. The United States is represented by Assistant U.S. Attorney William Darrow.
Bristol Man Sentenced for Receipt of Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Cody Clark, 27, of Bristol, Vermont, was sentenced on October 18, 2018, in United States District Court in Burlington, Vermont, to serve 120 months in prison after his guilty plea to one count of receipt of child pornography. U.S. District Judge Christina Reiss also ordered Clark to serve a thirty (30) year term of supervised release, and to pay a $100 special assessment.
According to court records and proceedings, in the summer of 2017, Google transmitted a “Cybertip” to the National Center for Missing and Exploited Children (NCMEC) that a user, later identified as Clark, had uploaded images of child pornography to Clark’s Google account. NCMEC forwarded the tip to the Vermont Internet Crimes Against Children Task Force (the ICAC). The ICAC investigated the tip and obtained a warrant to search Clark’s residence in Bristol, Vermont. On September 2, 2017, law enforcement executed the search warrant and seized several computers and other devices from Clark. Officers also discovered a minor child in his bed. During a statement made to law enforcement, Clark admitted that he produced and possessed images of child pornography, that he knew he had a problem and needed help, and that he had inappropriately touched young boys in his care, though he claimed that such touches were non-sexual. A forensic examination of his devices confirmed that Clark had produced images of child pornography, and possessed images that he had downloaded from the Internet.
United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force and Homeland Security Investigations in the investigation and prosecution of Clark. She added:
“Let this case serve as a reminder that those who sexually exploit children will be targets for federal prosecution, and a top priority for federal investigators. Society should be measured by how it protects its most innocent and vulnerable members, and the Vermont law enforcement community will bear this in mind as we relentlessly pursue those who harm children and advocate for serious sentences. As Judge Reiss said in imposing sentence, this defendant’s conduct was ‘unforgiveable and a violation of trust.’”
Assistant U.S. Attorney Barbara A. Masterson handled the prosecution of Clark. Clark was represented by Assistant Federal Public Defender Elizabeth Quinn.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Poultney Man Sentenced to 24 Months’ Imprisonment for Hosting Out-of-State Drug Dealers at His ResidenceRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Wayne Oddo, 54, of Poultney, was sentenced to 24 months’ imprisonment by Chief United States District Court Judge Geoffrey W. Crawford sitting in Rutland, Vermont. Chief Judge Crawford also sentenced Oddo to a three-year period of supervised release by the U.S. Probation Office, which will begin when Oddo is released from prison.
Oddo previously pled guilty to a violation of a federal law that prohibits making a residence, or other place, available for the purpose of manufacturing, storing, distributing, or using any controlled substance. This statute imposes a maximum sentence of twenty years imprisonment, up to a $500,000 fine, and up to three years of supervised release.
According to court records, from about December 2016 to March 2017, Oddo housed two out-of-state drug dealers who sold heroin and crack cocaine in Rutland County. These two drug dealers, Richard Torruellas (a.k.a. “Scoob”), 23, and Franseco Escribano (a.k.a. “Brisco”), 35, were known as the “Jersey Boys,” as they were from the Jersey City, New Jersey area. Both previously pled guilty to conspiring to distribute heroin and cocaine base and each received sentences of 54 months’ imprisonment.
According to the government, Torruellas and Escribano often stayed overnight at Oddo’s residence on Morse Hollow Road in Poultney with their supply of drugs. During the day, they would go into Rutland and use local addicts to sell most of their drugs. In exchange for letting them stay at his residence, Torruellas and Escribano gave Oddo small, personal use amounts of drugs and paid some of his bills. Oddo also allowed Torruellas and Escribano to target shoot with his guns in his backyard.
During the execution of a search warrant at his residence on March 15, 2017, Oddo admitted that he moved the body of Alexandra Rooker, 26, who had fatally overdosed a week earlier at Oddo’s residence. Specifically, Oddo stated that he had moved her body to his shed because of the smell and had not reported her death to anyone.
Several months before the discovery of Rooker’s body, there was another drug related-death at Oddo’s home, and in that situation too, Oddo never called for help. In light of these facts, in its sentencing memorandum, the government argued that a significant sentence of imprisonment was appropriate:
It is astonishing that over a six-month period there were two-drug related deaths at his residence and, in both instances, the defendant appeared to lack the basic decency to notify law enforcement. Most people, even those battling the demons of addiction, know instinctively that there is a line below which it is simply immoral to descend. Hiding the body of a deceased person falls well below that line. The defendant appears to have had no qualms about descending to that dark place.
U.S. Attorney Christina Nolan stated:
“In light of the defendant’s disregard for the dignity of deceased persons, a significant sentence was warranted. This tragic case also shows how destructive and corrosive the opioid crisis is in the State of Vermont.”
“The opioid crisis in Vermont requires a multi-faceted law enforcement approach aimed at reducing supply, which will complement statewide efforts to reduce demand by making drug treatment more accessible to addicts. As part of our continued vigorous prosecutions of large-scale drug dealers, it is necessary to also target those lower-level residents who enable larger out-of-state dealers by providing them with a places to stay, store their product, and conduct drug trafficking activities. Prosecuting these individuals and shutting down these safe houses is necessary because oftentimes these facilitators will host a succession of out-of-state drug dealers. In appropriate cases, such as when the owner of the property is aware of the drug dealing and fails to take reasonable and safe steps to stop it, such as by contacting law enforcement, we will consider utilizing federal forfeiture law to seize and forfeit the property.”
Rutland County State’s Attorney Rosemary Kennedy stated:
“I want to thank the US Attorney’s Office for all their work on this case. The State looks forward to prosecuting the matter in State court.”
This case was investigated by the Vermont State Police Drug Task Force, the Rutland City Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Assistant U.S. Attorney Joseph Perella prosecuted the case on behalf of the United States. Wayne Oddo is represented by Steven Barth, Esq., of the Federal Public Defenders Office.
U.S. Attorney Christina Nolan Highlights Progress in Making Our Communities Safer Through Project Safe NeighborhoodsRead the Press Release
One year ago, the Department of Justice announced the revitalization and enhancement of Project Safe Neighborhoods (PSN), which Attorney General Jeff Sessions has made the centerpiece of the Department’s violent crime reduction strategy. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders works together to identify the most pressing violent crime problems in Vermont and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders. The U.S. Attorney’s Office has partnered with all levels of law enforcement, local organizations and community stakeholders to reduce violent crime and make our state safer for everyone.
“Project Safe Neighborhoods is a proven program with demonstrated results,” Attorney General Jeff Sessions said. “We know that the most effective strategy to reduce violent crime is based on sound policing policies that have proven effective over many years, which includes being targeted and responsive to community needs. I have empowered our United States Attorneys to focus enforcement efforts against the most violent criminals in their districts, and directed that they work together with federal, state, local, and tribal law enforcement and community partners to develop tailored solutions to the unique violent crime problems they face. Each United States Attorney has prioritized the PSN program, and I am confident that it will continue to reduce crime, save lives, and restore safety to our communities.”
U.S. Attorney Christina Nolan stated: “There is no place for violence in Vermont in any context, whether it be in the home, in relation to the drug trade, or in connection with property crime. The U.S. Attorney’s Office is committed to prioritizing anti-violence prosecutions. We will work tirelessly to root out violence across the state, and always in close collaboration with community organizations, federal, state, local, and county law enforcement, the Vermont Attorney General’s Office, and state prosecutors. As we continue to work in unity, as a single Vermont law enforcement team, we will send a message of zero tolerance to those who commit senseless violence and flout firearms laws, and we will create safer and more peaceful communities for Vermonters.”
Achievements
As we celebrate the one-year anniversary of the revitalized PSN program, here are some highlights of the U.S. Attorney’s Office PSN program over the past year:
- In January 2018, Assistant U.S. Attorney Wendy Fuller was appointed the Violent Crime Coordinator to oversee PSN prosecutions and initiatives in Vermont and to conduct intake of U.S. Attorney’s Office violent crime cases.
- The U.S. Attorney’s Office has strengthened relationships, communication, and partnerships at all levels of law enforcement in Vermont, and in every corner of the state, in order to maximize our cooperation in violent crime cases. In particular, the U.S. Attorney meets regularly, in person, with each State’s Attorney to ensure close collaboration in all matters, including violence and gun crime.
- The U.S. Attorney’s Office established a PSN Task Force, comprised of federal, state, and local agencies and community partners. The mission of the Task Force is to collaborate in violent crime cases and regularly communicate intelligence concerning top violent crime offenders, discuss trends in violent crime, and share best practices and violence prevention strategies. Members of the Task Force come from northern and southern Vermont.
- The U.S. Attorney’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives have conducted numerous trainings for state, county and local law enforcement throughout the state. These sessions cover the scope and interplay of state and federal gun laws, federal case intake procedures, and violent crime investigative resources available to law enforcement at all levels.
- The U.S. Attorney’s Office requested and received three new, full-time Assistant U.S. Attorneys, increasing its AUSA ranks by more than 15 percent. These new resources will allow the U.S. Attorney’s Office to increase its violent crime caseload and provide greater support to our state and local partners.
Enforcement Actions
- The U.S. Attorney’s Office continues to deploy resources to support our partners, to bring charges in cases of violence, and to bring justice to violent crime offenders. Case highlights from the past year include:
- On 8/21/2018, Richard Monroe was sentenced to 25 years in prison following his conviction for shooting and killing Kevin DeOliveira in Burlington in connection with a cocaine dispute. Read more www.justice.gov/usao-vt/pr/richard-monroe-sentenced-twenty-five-years-prison-connection-murder-kevin-deoliveira
- On 6/1/2018, Howard Hoisington was sentenced to 24 years in prison following his conviction for setting two individuals on fire in Barre (and killing one) in connection with the drug trade. Read more www.justice.gov/usao-vt/pr/howard-hoisington-sentenced-24-years-prison-fatal-arson-case
- On 8/16/2018, Michael Bickford was sentenced to 8 years in prison following his conviction for conduct in Springfield involving bank robbery at gunpoint, attempted kidnapping, carjacking, and a standoff with police. Read More www.justice.gov/usao-vt/pr/perkinsville-man-sentenced-armed-pharmacy-and-bank-robbery-case
- Over the past year, an operation in Barre, supported with Organized Crime Drug Enforcement Task Force (OCDETF) funds, led to state and federal charges against 58 defendants, and to the seizure of 71 firearms, 2,187 rounds of ammunition, 888 bags of heroin, and 161 grams of crack cocaine. This operation exemplifies the positive impacts and support that federal OCDETF funds can provide to local law enforcement and communities.
- On 9/13/2018, five St. Albans individuals were indicted for straw purchasing a total of approximately 30 firearms and trading them to drug dealers in Massachusetts. Read more www.justice.gov/usao-vt/pr/five-arrested-and-charged-straw-purchasers-30-firearms
Community Partnerships
Circle, a nonprofit serving victims and survivors of domestic violence, has joined the PSN effort and was recently approved as a fiscal agent for federal PSN grant funding awarded to Vermont. Circle will join with law enforcement in helping to educate Vermonters about violent crime and domestic violence and devising and implementing violence prevention strategies throughout the state.
Improvements to Community Safety
- The FBI’s official crime data for 2017 reflects that, following historic increases in violent crime, the nationwide violent crime rate began to decline. Specifically, the nationwide violent crime rate decreased by approximately one percent in 2017, while the nationwide homicide rate decreased by nearly one and a half percent.
- Preliminary information for 2018 gives reason for optimism that our PSN efforts are producing positive results. Public data from 60 major American cities shows that violent crime decreased by nearly five percent in those cities in the first six months of 2018, compared to the same period a year ago.
- Vermont saw a 20 percent decrease in homicides from 2016 to 2017. In 2018, year to date, homicides in Vermont are down nearly 50 percent from 2016. In 2018, year to date, homicides arising from domestic violence are down more than 30 percent. Moreover, robberies in Vermont decreased nearly 25 percent from 2016 to 2017. In 2018, year to date, robberies are down more than 50 percent from 2016.
These data reveal what the Vermont law enforcement community knows: by working together, side-by-side, we reduce violence and gun crime and keep our communities safe. There is much work ahead. We will continue to forge strong partnerships with law enforcement agencies and community stakeholders to promote justice and peace for Vermonters.
These enforcement actions and partnerships are part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime. Learn more about Project Safe Neighborhoods.
Federal Grand Jury Returns Indictment Against Former Vermont Correctional Officer and Inmate for Drug-Related CrimesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that on October 4, 2018, a federal grand jury returned an indictment charging Grant Vance and Gregory Paradis with drug-related crimes. The indictment alleges that between early 2018 and June 28 of 2018, Vance and Paradis conspired to distribute buprenorphine, and that on June 28, 2018, Vance possessed with intent to distribute buprenorphine.
According to court records, Vance was employed as a Correctional Officer at the Northern State Correctional Facility in Newport, Vermont, where Paradis was an inmate. Informants provided law enforcement with information regarding Vance’s introduction of buprenorphine into the correctional facility and subsequent distribution to Paradis. Court records also show that a federal search warrant for Vance’s person and vehicle was executed on June 28, 2018. A magic marker containing suspected buprenorphine was located as a result of the search.
If convicted, the defendants’ sentences will be advised by the federal sentencing guidelines. The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendants are presumed innocent unless and until they are proved guilty.
United States Attorney Christina E. Nolan commended the efforts of the Federal Bureau of Investigation, the Vermont State Police, and the Vermont Department of Corrections.
The United States is represented by Assistant U.S. Attorney Nate Burris. Vance is represented by Assistant Federal Public Defender David McColgin.
New York City Man Sentenced to 14 Years for Heroin and Crack Cocaine Distribution ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that United States District Judge Christina Reiss today sentenced Michael Brockenbaugh, 37, of the Bronx, New York, to a 14-year term of imprisonment, followed by five years of supervised release, following Brockenbaugh's guilty plea to conspiring to distribute more than a kilogram of heroin and more than 280 grams of crack cocaine. The 14-year term of imprisonment was part of a negotiated plea agreement, which Judge Reiss approved.
Court filings indicate that Brockenbaugh, whose nickname in Vermont was “J.D.,” was the leader of the conspiracy that distributed crack cocaine and heroin on Mallets Bay Avenue in Winooski from 2013 to 2015. The conspiracy utilized group text messaging to customer lists that featured, “Hump Day Specials,” “TGIF Specials,” and “Happy Hour Specials,” during which customers could get a free hit of, or a discounted price for, the drugs being sold by the conspiracy. Brockenbaugh, the boss of the conspiracy, set the price to be charged and directed others to manage distribution from various residences on Mallets Bay Avenue in Winooski.
Twenty persons have been convicted in Vermont Federal Court for crimes relating to their role in this conspiracy.
This case was investigated by the Drug Enforcement Administration in Vermont and Connecticut, the Vermont State Police, the police departments of Winooski, Burlington, South Burlington, St. Albans, Williston, and Milton, Vermont, as well as the United States Marshals Service and the Department of Homeland Security. U.S. Attorney Christina Nolan praised the collaborative effort of law enforcement at all levels, which led to the dismantling of a significant drug trafficking organization that sold large quantities of deadly narcotics in Chittenden County. She noted that the U.S. Attorney’s Office would continue to prioritize combatting the drug trade in partnership with federal, state, local, and county investigators.
Brockenbaugh was represented by Michael Shklar, Esq. The case was prosecuted by Assistant United States Attorneys Michael Drescher and Kunal Pasricha.
Mexican and Honduran Men Sentenced for their Roles in Smuggling and Transporting Fourteen Illegal Aliens in Derby, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that two persons have been sentenced for their respective roles in the smuggling and transporting of fourteen illegal aliens who traveled on foot from Quebec to Derby, Vermont in October 2017. The two defendants are Alberto Alvarado-Castro, 30, a Mexican citizen, and Hector Perez-Alvarado, 26, a Honduras citizen. Pursuant to plea agreements reached between the Government and the defendants, United States District Court Chief Judge Geoffrey W. Crawford sentenced Alvarado-Castro to three years imprisonment and Perez-Alvarado to time-served, which amounted to about one-year imprisonment.
Alberto Alvarado-Castro previously pled guilty to smuggling aliens for financial gain, which carries a three-year mandatory minimum sentence and a ten-year maximum sentence. Hector Perez-Alvarado pled guilty to transporting aliens for financial gain, which carries a ten-year maximum sentence.
According to the complaint affidavit and the statements made at the recent hearings, late in the evening of October 7, 2017, Alberto Alvarado-Castro guided the fourteen aliens through the woods on the border to a van parked in Derby, which was driven by Hector Perez-Alvarado. In multiple trips, Perez-Alvardo drove the aliens to a motel in Derby, where, on the last trip, they were all apprehended by the U.S. Border Patrol. Eleven of the smuggled illegal aliens were Guatemala citizens and three were Mexican citizens.
According to the Government’s sentencing memorandum, both defendants were lower-level couriers in the smuggling operation, but Alvarado-Castro was the leader between the two. In addition, Alvarado-Castro had a significant criminal record, including multiple illegal entries into the United States and burglary convictions. The Government’s sentencing memorandum stated that Alvarado-Castro’s “typical pattern was to illegally enter the United States, commit felony property crimes shortly after re-entry, get convicted of the felonies, be removed from the United States, and then repeat the cycle.” The Government stated that the higher sentence for Alvarado-Castro was justified in light of his significant criminal record and his leadership role in the offense.
This matter was investigated by the United States Border Patrol and Homeland Security Investigations. “This case is an excellent example of the dedication and hard work put forth by Border Patrol agents to keep our country and communities safe,” said U.S. Border Patrol Swanton Sector Chief Patrol Agent Robert Garcia. “Our agents did an outstanding job thwarting this smuggling attempt.”
U.S. Attorney Christina Nolan commended the Border Patrol and Homeland Security Investigations for interdicting this significant smuggling event, one of the largest in recent memory. She added: “We will continue to work closely with our law enforcement partners in the U.S. and Canada to uphold the integrity our northern border and dismantle criminal organizations that operate on both sides of the boundary.”
The Assistant U.S. Attorney prosecuting this matter is Joe Perella. Elizabeth Quinn, Esq., of the Federal Public Defender’s Office represents Perez-Alvarado. David Watts, Esq., of Burlington represents Alvarado-Castro. Robert Sussman, Esq., of Burlington represents Perez-Ramirez.
Child Sex Offender Sentenced for Possession of Child PornographyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jason Bonds, 43, of Ascutney, Vermont, was sentenced on October 1, 2018, in United States District Court in Burlington, Vermont, to serve 45 months in prison after his guilty plea to one count of possession of child pornography. U.S. District Judge William K. Sessions III also ordered Bonds to serve a five (5) year term of supervised release, and to pay a $100 special assessment.
According to court records and proceedings, in 2016 Google discovered images of child pornography on its platform. Google transmitted a “Cybertip” to the National Center for Missing and Exploited Children, which forwarded the tip to the Vermont Internet Crimes Against Children Task Force (the ICAC). The ICAC investigated the tip and ultimately obtained a warrant to search Bonds’ former residence in Ascutney, Vermont. Upon learning that Bonds no longer resided there, law enforcement went to his new residence in Westminster, Vermont. In an interview with investigators, Bonds disclosed that he had viewed child pornography on his laptop computer, which he surrendered to investigators. During a forensic examination of Bonds’ computer, law enforcement found approximately 1,300 images and videos depicting child pornography. Some of the images were of children ranging in age from infant to age six (6), and depicted sadistic and masochistic conduct. Law enforcement also found evidence that Bonds went to chat rooms on the Internet where he chatted with whom he believed were 12 and 13-year old children.
During the investigation of the child pornography allegations, a prepubescent girl whom Bonds knew claimed that he sexually assaulted her. On May 22, 2018, Bonds pleaded guilty to lewd and lascivious conduct involving that child in Vermont state court. He is expected to be sentenced on the state charges on October 2, 2018. Bonds’ guilty plea to these charges in state court was a condition of his federal plea agreement.
United States Attorney Christina E. Nolan commended the efforts of the Vermont Internet Crimes Against Children Task Force, Homeland Security Investigations, and the Brattleboro Police Department in the investigation and prosecution of Bonds. The prosecution of Bonds was handled by Assistant U.S. Attorney Barbara A. Masterson. Bonds was represented by Assistant Federal Public Defender Steven L. Barth.
U.S. Attorney Nolan noted that this prosecution is part of the U.S. Department of Justice's Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
St. George Woman Pleads Guilty to Unlawfully Collecting over $93,000 in Deceased Mother’s Social Security BenefitsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Carol Philbin, 66, of St. George, Vermont, appeared today in federal district court in Burlington to answer to charges that, following her mother’s death in July 2009, Philbin unlawfully collected $93,345 in Social Security Administration benefits issued to her mother and used the money for her own expenses. The Information filed in the case covers the time-period between July 2009 and April 2014. United States District Court Judge Christina Reiss accepted Philbin’s guilty plea to the one count charged in the Information and released Philbin on conditions. Judge Reiss ordered Philbin to be back in U.S. District Court on February 11, 2019, for sentencing.
According to court documents, Carol Philbin was formerly Vice President for Personal Trusts at Merchant’s Bank and a trust officer before that at various other banks. Following her mother’s non-fatal stroke, Philbin served as Trustee for her mother’s estate during her mother’s lifetime. As such, Philbin was aware that her mother was receiving Social Security benefits while she was alive. When her mother died on July 2, 2009, Philbin knew that her responsibilities included notification to various parties, including the Social Security Administration. Philbin failed to notify the Social Security Administration of her mother’s death, despite being aware of her duty to so report. Instead, between July 2009 and April 2014, Philbin continued to receive the benefits issued to her mother and used the money for her own expenses. In total, Philbin unlawfully received and retained $93,345.00 in social security payments.
Philbin pleaded guilty to one count of making a false statement to a department or agency of the United States, a violation of 18 U.S.C. § 1001(a)(2). Philbin faces up to five years of imprisonment, followed by up to three years of supervised release. Philbin further faces a fine of up to $250,000. The actual sentence, however, will be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. As part of her negotiated plea with the government, the government agreed to recommend a sentence of time served if Philbin pays $50,000 in restitution to the Social Security Administration on or before sentencing and $43,345 in restitution in yearly installments over a period of three years.
The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach. Carol Philbin is represented by Peter Langrock of Langrock Sperry & Wool of Burlington, Vermont.
Federal Inmate Pleads Guilty and Receives Life Sentence for 2000 Carjacking, Kidnapping and Murder in VermontRead the Press Release
A federal inmate formerly residing in Pennsylvania pleaded guilty today to murder, carjacking and kidnapping, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Christina Nolan for the District of Vermont.
Donald Fell, 38, formerly of Wilkes-Barre, Pennsylvania, pleaded guilty to a federal indictment arising from the Nov. 27, 2000 kidnapping, carjacking and murder of 53-year old Teresca King.
Fell pleaded guilty to all four charges pending against him, including carjacking with death resulting, kidnapping with death resulting, brandishing a firearm in furtherance of a crime of violence and transportation of a firearm by a fugitive from justice. Chief U.S. District Court Judge Geoffrey W. Crawford accepted Fell’s guilty plea in U.S. District Court in Rutland, Vermont. Immediately after the guilty plea, Judge Crawford sentenced Fell to serve life in prison without the possibility of release. Fell also agreed to waive direct appeal.
During the plea, Fell admitted to murdering Rutland man Charles Conway while Fell’s friend and now deceased co-defendant Robert Lee murdered Fell’s mother Debra Fell, 46, in an apartment on Robbins Street in Rutland. The two men then carjacked and kidnapped Teresca King in Rutland and drove into New York State, where they killed Mrs. King. Lee and Fell were natives of Wilkes-Barre, Pennsylvania, who came to Vermont in late 2000.
According to the plea agreement, on the evening of Nov. 26, 2000, defendant Donald R. Fell, Robert Lee, Debra Fell, and Charles Conway were socializing in the apartment of Debra Fell on Robbins Street in Rutland. In the early morning hours of Nov. 27, 2000, Fell attacked Charles Conway with a knife and killed him. Robert Lee attacked Debra Fell with another knife, killing her.
After killing Conway and Debra Fell, Fell and Lee walked together to the Price Chopper grocery store in Rutland, carrying an unloaded Mossberg 12-gauge shotgun, looking for a car in which to leave Vermont. At approximately 3:30 a.m., Fell and Robert Lee confronted Teresca King when she arrived in her Vermont plated Plymouth Neon automobile at the Price Chopper to work her early morning shift. At shotgun point, Fell and Lee stole King’s car keys and forced her into the backseat of her car. The two men then took turns driving the car west out of Vermont into New York State, and then south for several hours. Shortly after dawn on Nov. 27, 2000, the men parked King’s car at the side of the road in rural Dover Plains, New York, and took King into the woods. In a spot not visible from the road, Fell and Lee battered King to death, kicking her in the head and striking her face with a rock as she lay on her back. Leaving King’s body in the woods, Fell and Lee continued driving south in her car.
The two men stopped in their hometown of Wilkes-Barre for a night. In Wilkes-Barre, they stole a pair of Pennsylvania license plates from another Plymouth Neon and put them on King’s car, and discarded King’s Vermont plates. Continuing southwest, the two men paused to refuel in Clarksville, Arkansas, where a local law enforcement officer stopped the Plymouth Neon due to the stolen plates. Fell and Lee were arrested, and the Mossberg 12-gauge shotgun was seized.
The United States extends its sympathy and gratitude to Mrs. King’s family, who closely followed the case since 2000, attending all court hearings and displaying remarkable patience with the extraordinary delays. The United States also extends its sympathy to the family members of Charles Conway. In his plea today, Fell acknowledged that he murdered Mr. Conway while Fell’s deceased co-defendant, Robert Lee, was murdering Fell’s mother, Debra Fell. By encompassing Fell’s role in these murders in the plea, the loss of the lives of Mr. Conway and Mrs. Fell are recognized.
The investigation was conducted by the FBI, the Rutland Police Department, the Vermont State Police, the New York State Police and the Clarksville, Arkansas Police Department. The U.S. Marshal’s Service also worked hard on the case over the years.
The case was prosecuted by Assistant U.S. Attorneys Bill Darrow and Jon Ophardt, along with Trial Attorney Sonia Jimenez of the Criminal Division’s Capital Case Section of the Department of Justice.
U.S. Attorney Christina Nolan commended U.S. Attorney’s Office prosecutors and staff for their commitment and tremendous work on this case for more than 17 years. She noted that Assistant U.S. Attorney Darrow has prosecuted this case with distinction and remarkable dedication over its entire lifespan, and she thanked the Department’s Capital Case Section and its prosecutors for their support and partnership. She acknowledged the tremendous toll that nearly 18 years of litigation has taken on the victims’ families and stated that, in supporting the plea agreement, the United States hoped to bring that protracted ligation to resolution and secure finality for the victims, the public, law enforcement, and all other parties involved.
Federal Inmate Pleads Guilty and Receives Life Sentence for 2000 Carjacking, Kidnapping and Murder in VermontRead the Press Release
WASHINGTON – A federal inmate formerly residing in Pennsylvania pleaded guilty today to murder, carjacking and kidnapping, announced Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division and U.S. Attorney Christina Nolan for the District of Vermont.
Donald Fell, 38, formerly of Wilkes-Barre, Pennsylvania, pleaded guilty to a federal indictment arising from the Nov. 27, 2000 kidnapping, carjacking and murder of 53-year old Teresca King.
Fell pleaded guilty to all four charges pending against him, including carjacking with death resulting, kidnapping with death resulting, brandishing a firearm in furtherance of a crime of violence and transportation of a firearm by a fugitive from justice. Chief U.S. District Court Judge Geoffrey W. Crawford accepted Fell’s guilty plea in U.S. District Court in Rutland, Vermont. Immediately after the guilty plea, Judge Crawford sentenced Fell to serve life in prison without the possibility of release. Fell also agreed to waive direct appeal.
During the plea, Fell admitted to murdering Rutland man Charles Conway while Fell’s friend and now deceased co-defendant Robert Lee murdered Fell’s mother Debra Fell, 46, in an apartment on Robbins Street in Rutland. The two men then carjacked and kidnapped Teresca King in Rutland and drove into New York State, where they killed Mrs. King. Lee and Fell were natives of Wilkes-Barre, Pennsylvania, who came to Vermont in late 2000.
According to the plea agreement, on the evening of Nov. 26, 2000, defendant Donald R. Fell, Robert Lee, Debra Fell, and Charles Conway were socializing in the apartment of Debra Fell on Robbins Street in Rutland. In the early morning hours of Nov. 27, 2000, Fell attacked Charles Conway with a knife and killed him. Robert Lee attacked Debra Fell with another knife, killing her.
After killing Conway and Debra Fell, Fell and Lee walked together to the Price Chopper grocery store in Rutland, carrying an unloaded Mossberg 12-gauge shotgun, looking for a car in which to leave Vermont. At approximately 3:30 a.m., Fell and Robert Lee confronted Teresca King when she arrived in her Vermont plated Plymouth Neon automobile at the Price Chopper to work her early morning shift. At shotgun point, Fell and Lee stole King’s car keys and forced her into the backseat of her car. The two men then took turns driving the car west out of Vermont into New York State, and then south for several hours. Shortly after dawn on Nov. 27, 2000, the men parked King’s car at the side of the road in rural Dover Plains, New York, and took King into the woods. In a spot not visible from the road, Fell and Lee battered King to death, kicking her in the head and striking her face with a rock as she lay on her back. Leaving King’s body in the woods, Fell and Lee continued driving south in her car.
The two men stopped in their hometown of Wilkes-Barre for a night. In Wilkes-Barre, they stole a pair of Pennsylvania license plates from another Plymouth Neon and put them on King’s car, and discarded King’s Vermont plates. Continuing southwest, the two men paused to refuel in Clarksville, Arkansas, where a local law enforcement officer stopped the Plymouth Neon due to the stolen plates. Fell and Lee were arrested, and the Mossberg 12-gauge shotgun was seized.
The United States extends its sympathy and gratitude to Mrs. King’s family, who closely followed the case since 2000, attending all court hearings and displaying remarkable patience with the extraordinary delays. The United States also extends its sympathy to the family members of Charles Conway. In his plea today, Fell acknowledged that he murdered Mr. Conway while Fell’s deceased co-defendant, Robert Lee, was murdering Fell’s mother, Debra Fell. By encompassing Fell’s role in these murders in the plea, the loss of the lives of Mr. Conway and Mrs. Fell are recognized.
The investigation was conducted by the FBI, the Rutland Police Department, the Vermont State Police, the New York State Police and the Clarksville, Arkansas Police Department. The U.S. Marshal’s Service also worked hard on the case over the years.
The case was prosecuted by Assistant U.S. Attorneys Bill Darrow and Jon Ophardt, along with Trial Attorney Sonia Jimenez of the Criminal Division’s Capital Case Section of the Department of Justice.
U.S. Attorney Christina Nolan commended U.S. Attorney’s Office prosecutors and staff for their commitment and tremendous work on this case for more than 17 years. She noted that Assistant U.S. Attorney Darrow has prosecuted this case with distinction and remarkable dedication over its entire lifespan, and she thanked the Department’s Capital Case Section and its prosecutors for their support and partnership. She acknowledged the tremendous toll that nearly 18 years of litigation has taken on the victims’ families and stated that, in supporting the plea agreement, the United States hoped to bring that protracted ligation to resolution and secure finality for the victims, the public, law enforcement, and all other parties involved.
Two Bennington County Men Charged with Cocaine and Cocaine Base DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that James O’Dell, 54, and Robin Buell, 50, both of Bennington County, VT appeared today in United States District Court in Burlington, following their arrests for conspiracy to distribute cocaine and cocaine base.
According to court documents, the Vermont Drug Task Force and the Federal Bureau of Investigation conducted an investigation into the distribution of cocaine and cocaine base in the Bennington, Vermont area. During the investigation, O’Dell was identified as a significant source of cocaine in the Bennington, Vermont area. On four separate occasions, O’Dell delivered cocaine to Robin Buell, who sold the cocaine to a Vermont Drug Task Force informant.
On September 13, 2018, the Vermont Drug Task Force and the FBI arrested O’Dell and executed a federal search warrant at O’Dell’s Bennington home. In O’Dell’s home, law enforcement found approximately 360 grams of cocaine base, 386 grams of cocaine and 4 lbs. 6.5 oz. of marijuana. The total street value of the cocaine found in O'Dell's residence is $74,600. A search of one of O’Dell’s vehicles yielded a total of $24,961.00 in cash.
O’Dell appeared before U.S. Magistrate Judge John M. Conroy on September 14, 2018 on charges of conspiracy to distribute cocaine base and conspiracy to distribute cocaine. He was remanded to the custody of the U.S. Marshals Service pending further proceedings in the case. On September 18, 2018, O’Dell was released on pre-trial conditions that include, but are not limited to, surrendering his passport, drug testing, and reporting regularly to pretrial services.
On September 17, 2018, Robin Buell was arrested at his home in Bennington. Buell appeared before U.S. Magistrate Judge John M. Conroy on September 18, 2018 and was remanded to the custody of the U.S. Marshals Service. On September 19, 2018, Buell was released on pre-trial conditions that include, but are not limited to, drug testing and reporting regularly to pretrial services.
United States Attorney Christina Nolan stated: “This case is an outstanding example of how Vermont law enforcement officers at the federal, state, local, and county level come together to root out dangerous drug trafficking from our communities. Law enforcement at all levels understand that there is suffering in every corner of our state and we will continue to collaborate and deploy resources accordingly. Because of this extraordinary team effort, two drug dealers are out of business, nearly $75,000 in addiction-based profit has been cut short, and Bennington County is safer.”
“These arrests demonstrate our overall strategy and relentless determination to eradicate drugs in our community,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigations. “We are proud to work side by side with the Vermont State Police, Bennington Police, and the U.S. Attorney's Office to bring these individuals to justice.”
The charges against O’Dell and Buell are merely accusations and the defendants are presumed innocent unless and until they are proven guilty.
In addition to the Vermont Drug Task Force and the FBI, members from the Vermont State Police-Shaftsbury, Bennington Police Department, and the Bennington County Sheriff's Department assisted with the arrest and search warrant. The Bennington County State’s Attorney’s Office also provided valuable assistance.
O’Dell is represented by David L. McColgin. Buell is represented by Karen R. Shingler. Assistant U.S. Attorney Andrew C. Gilman represents the United States.
Cabot Man Sentenced to Six Years for Stolen GunsRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jeremy A. Churchill, 38, of Cabot, Vermont, was sentenced today by Chief United States District Court Judge Geoffrey W. Crawford to six years in federal prison for possessing stolen handguns. Churchill pleaded guilty to the stolen firearms charge in May 2018.
According to court filings, on May 16, 2017 Churchill burglarized two residences in East Montpelier, Vermont, stealing handguns and ammunition from one of them. The Vermont State Police stopped Churchill’s vehicle that same day, seized it, and obtained a State of Vermont search warrant. Executing the warrant, they found items stolen from both residences, including two Smith & Wesson handguns and ammunition. Between May and August 2017, Churchill was implicated in four home burglaries. He faces pending charges in State court based upon those other offenses.
At sentencing before Judge Crawford today, Churchill urged that he was a drug addict with a poor childhood, warranting a lesser sentence. The government responded that he had 35 State of Vermont and New Hampshire convictions, and past leniency had failed to deter him. Churchill has 20 pending State of Vermont charges.
The U.S. Attorney thanked the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Vermont State Police, for their work on the case.The United States was represented by Assistant U.S. Attorney Bill Darrow. Churchill was represented by Assistant Federal Public Defender David McColgin.
Joint Federal/State Investigation Seizes Heroin Valued at Approximately $95,000Read the Press Release
Since August 2018, members of the Vermont State Police Drug Task Force (VDTF), Homeland Security Investigations (HSI) and the Federal Bureau of Investigation (FBI) have been investigating the importation, sale and distribution of heroin and fentanyl in the greater Caledonia County area. The investigation identified both local distributors and out-of-state suppliers of heroin and fentanyl.
As part of the investigation, on September 6, 2018, members of the Vermont State Police Westminster Barracks stopped Richard Trudeau, 31, and Julie Hurst, 40, of St. Johnsbury, Vermont, on I-91 in Springfield, Vermont. A subsequent search of Trudeau and Hurst’s vehicle yielded approximately 4000 bags of heroin that later tested positive for the presence of fentanyl.
On September 13, 2018, members of the VDTF, HSI and FBI coordinated with various agencies in the Commonwealth of Massachusetts to arrest Luis A. Rodriguez, 22, of Mt. Holyoke, Massachusetts, a suspected source of supply for heroin and fentanyl in Caledonia County. Rodriguez was taken into custody in Northampton, Massachusetts and was found to be in possession of approximately 5000 bags of a substance that later tested positive for the presence of fentanyl. Subsequent investigation revealed that Rodriguez had an additional 4,880 bags of heroin/fentanyl at his residence in Holyoke.
As a result of this joint investigation, approximately 14,000 bags of suspected heroin/fentanyl were seized, with an estimated street value of approximately $95,000. The following Agencies were instrumental in this coordinated effort: Vermont State Police, Vermont Drug Task Force, Homeland Security Investigations, Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, Holyoke Police Department, Northampton Police Department, Easthampton Police Department, Massachusetts State Police, Hampden County Sheriff’s Department, Hampshire County Sheriff’s Department, Hampshire County Narcotics Task Force, and the FBI Western Massachusetts Gang Task Force. U.S. Attorney Christina Nolan praised the collaborative investigation of state and federal law enforcement in Vermont and Massachusetts. “These seizures of the deadly drug fentanyl potentially saved thousands of Vermonters. At the same time, our law enforcement community deprived a dangerous drug trafficking organization of nearly $100,000 in proceeds that would have been earned on the backs of the suffering addicted. Combatting the fentanyl crisis will continue to be a top priority for the U.S. Attorney’s Office and we will work tirelessly with our partners at all levels of law enforcement and across state lines to bring justice to those who would profit hugely from the tragedy of addiction.”
“Effective coordination between federal, state, and local agencies is absolutely essential for us to identify and disrupt drug traffickers,” said James N. Hendricks, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation. “The FBI, together with our law enforcement partners, will continue to investigate and bring justice to individuals like those arrested in this case.”
Hurst and Trudeau appeared in federal court on September 7, 2018, before U.S. Magistrate Judge John M. Conroy. Rodriguez appeared in federal court on September 14 and September 18, 2018, before U.S Magistrate Judge John M. Conroy. All were detained pending further proceedings in this case. Assistant U.S. Attorney Andrew C. Gilman represents the United States in this matter. Lisa B. Shelkrot represents Hurst. Mark A. Kaplan represents Trudeau. Michael L. Desautels and David L. McColgin represents Rodriguez.
Two Washington County Women Charged with Crack DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Suzette Kenney, 41, of Barre, and Kim Kuncz, 49, of Montpelier, were charged on August 30, 2018 in separate indictments of multiple counts of cocaine base distribution (a.k.a. “crack cocaine”). Both women recently appeared before Magistrate Judge John M. Conroy and pled not guilty to these offenses. Magistrate Judge Conroy remanded both to the custody of the U.S. Marshals Service, though he ordered that Kuncz could be released to a residential drug treatment facility once a bed became available. Kenney has not submitted a proposal for release at this time.
The Kenney Indictment alleges that she sold cocaine base on three different occasions in June, July, and September of 2017. The Kuncz indictment alleges that she sold cocaine base on three occasions in March and April of 2018. The indictment is an accusation only and the defendant is presumed innocent unless and until proven guilty. If convicted, the actual sentences will be advised by the Federal Sentencing Guidelines. The maximum sentence for each of these charges is twenty years imprisonment, up to a $1,000,000 fine, and up to three years of supervised release, to begin after any term of imprisonment is served.
This case is being investigated by the Vermont State Police Drug Task Force and the Drug Enforcement Administration. The case is being prosecuted by Assistant U.S. Attorney Joe Perella. Kenney is represented by Kevin Henry, Esq. of Burlington and Kuncz is represented by Tom Sherrer, Esq., of Burlington.
Shrewsbury Man Arraigned on Federal Gun Charges Involving Unlawful Possession of Machine GunRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Frank Weir, 56, of Shrewsbury, appeared in federal court today for an arraignment on a two-count indictment charging him with possessing a machine gun without a permit in February 2016. According to the government’s allegation, the firearm in question was a Thompson U.S. Navy 1928 submachine gun, .45 caliber (manufactured by Colt). The second charge alleges that this same firearm had an obliterated serial number.
Weir pleaded not guilty in federal court today before Magistrate Judge John M. Conroy, who ordered that Weir be held in the custody of the U.S. Marshals Service until trial. Until recently, Weir was in the custody of the State of Vermont pursuant to the State’s second-degree murder charge against Weir for the shooting death of Donna Marzilli on February 15, 2016. The machine gun at issue in this federal case is not alleged to be related to the State’s murder charge.
Pursuant to a plea agreement between Weir and the State of Vermont filed today, the State of Vermont dismissed, without prejudice, its charge against Weir to permit the federal charges to proceed first. Under the State plea agreement, it is contemplated that Weir will first resolve the federal case and the State will then refile its Second Degree Murder charge.
The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. Under the National Firearms Act, a person may not possess a machine gun unless it is registered to that person in the National Firearms Registration and Transfer Record. A violation carries a maximum penalty of ten years. Under the Gun Control Act, it is unlawful to possess a firearm with an obliterated serial number. This offense carries a maximum sentence of five years. If Weir is convicted, the Court would determine the actual sentence after consideration of the advisory sentencing guidelines.
This case is being investigated by the Bureau of Alcohol Tobacco, Firearms and Explosives and the Vermont State Police. The United States is represented by Assistant U.S. Attorney Joe Perella and Frank Weir is represented by Peter Langrock, Esq. of Middlebury.
Four Guatemalan Nationals Charged in Alien Smuggling EventRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on September 14, 2018, four Guatemalan citizens—Carlos Jose Cordova-Sanabria, Lester Ariel Morales-Moran, Elmer Estuardo Juarez-Franco, and Daniel Garcia-Cruz—were arrested and charged in connection with an alien smuggling event in the Newport, Vermont area. The four defendants appeared today in federal court in Burlington before United States Magistrate Judge John M. Conroy and entered pleas of not guilty to the federal charges. The Court ordered Cordova-Sanabria, Morales-Moran, and Juarez-Franco detained pending trial. Garcia-Cruz’s detention hearing will take place on September 19.
According to the Criminal Complaint, in the early morning hours of September 13, 2018, Border Patrol Agents received information of possible illegal activity in an area east of the Beebe Plain Port of Entry in Newport, Vermont. Agents responded to the area and observed individuals walking into a wooded area. Agents later observed a vehicle arrive in the same general area. A U.S. Border Patrol Agent witnessed three individuals appear from a wooded area and enter this same vehicle. Agents stopped the vehicle and identified the driver as Garcia-Cruz. Garcia-Cruz and the three passengers were all confirmed to be aliens without documentation allowing them to be in the United States legally.
United States Attorney Christina Nolan recognized the efforts of law enforcement on both sides of the border to address international human smuggling: “I commend our partners in the U.S. Border Patrol for their outstanding work in stemming the flow of smuggled individuals into Vermont. Preserving the integrity of the border will continue to be a top priority for the U.S. Attorney’s Office, and we will continue working with our partners at all levels of law enforcement in Vermont and Canada to dismantle criminal organizations that operate across our border.
The United States Attorney emphasizes that the charges are merely accusations, and that the defendants are presumed innocent unless and until they are proven guilty.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
The prosecutor in this case is Assistant U.S. Attorney Paul Van de Graaf. Daniel Garcia-Cruz is represented by Assistant Federal Defender David McColgin. Robert Behrens represents Cordova-Sanabria, Morales-Moran, and Estuardo Juarez-Franco.
Five Arrested and Charged as “Straw Purchasers” of 30 FirearmsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on September 13, 2018, Tyson Wells, Dara Bessette, Sierra Lacoste, Laci Baker, and Megan West, all of St. Albans, were arrested and charged with knowingly providing false information to firearms dealers in connection with the purchase of a firearm. In total, the defendants are responsible for the purchase of approximately thirty firearms that are believed to have been smuggled into Boston, Massachusetts, in connection with criminal gang activity.
The defendants appeared today in federal court in Burlington before United States Magistrate Judge John M. Conroy and entered pleas of not guilty to the federal complaint charging them with false statements in connection with the purchase of firearms. The defendants were ordered temporarily detained pending a detention hearing on September 17, 2018.
According to the criminal complaint, the defendants provided or helped to provide false information to gun shops; namely, information representing that they were purchasing the firearms for themselves and not for another person. In fact, these defendants conducted “straw-purchases” of firearms in exchange for either cocaine or heroin from drug dealers operating in Saint Albans and Swanton, Vermont. The defendants completed firearm transaction forms when purchasing the firearms in which they falsely stated that they were the actual buyers of the firearms and were not unlawful users of any controlled substances. The gun shops that these individuals patronized in Vermont are currently licensed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives as federal firearms licensees and were not aware of the falsehoods involved in the straw-purchases.
U.S. Attorney Christina Nolan commended the collaborative investigation of ATF and the St. Albans Police Department leading to these important arrests. She noted, “This case highlights the commitment of the U.S. Attorney’s Office to prioritize firearms offenses. Those who violate gun laws by diverting weapons to the black market endanger innocent citizens and empower dangerous criminals. Federal, state, and local law enforcement will work as a team to bring consequences for such conduct, and will target such individuals for federal prosecution.”
U.S. Attorney Nolan also noted that this prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
“The straw purchasing and illegal trafficking of firearms is a serious criminal activity and often puts firearms in the hands of individuals who can’t legally purchase or possess them,” said Lawrence Panetta, Assistant Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division. “ATF remains dedicated to identifying, investigating and arresting these individuals and making our streets and communities safer from violent firearm related acts.”
St. Albans Chief of Police Gary Taylor added, “This case is an excellent example of municipal law enforcement working with our federal law enforcement partners to make our community and our neighbors’ community in Boston safer.”
If convicted, Wells, Bessette, Lacoste, Baker, and West each faces up to ten years of imprisonment. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The United States Attorney emphasizes that the charges in the complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.
The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach. Tyson Wells is represented by the Office of the Public Defender. Dara Bessette is represented by Richard Goldsborough. Sierra Lacoste is represented by Richard Bothfeld. Laci Baker is represented by Ernest Allen III. Megan West is represented by Thomas Sherrer. The case is currently under investigation by ATF agents in Vermont and Massachusetts and the St. Albans Police Department.
New York Man Sentenced for Child Exploitation OffenseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Brett Ferrell, 33, of New York, was sentenced today in United States District Court in Rutland for traveling in interstate commerce for the purpose of engaging in illicit sexual conduct with a minor. Chief United States District Judge Geoffrey W. Crawford sentenced Ferrell to a term of 78 months of imprisonment followed by five years of supervised release. Ferrell has been in custody since his arrest on August 30, 2016.
According to court records, in mid-August 2016, Ferrell posted ads on Craigslist seeking to meet girls under the age of 18 for the purpose of sex. Ferrell then had a multi-day electronic message conversation with a law enforcement officer posing as a 13-year-old girl from Vermont. During the conversation, Ferrell repeatedly stated that he wanted to have sex with the supposed 13-year-old. Ferrell, who lived in New York, made arrangements to meet with the supposed 13-year-old at a hotel in South Burlington, Vermont. Ferrell then made reservations at the hotel and traveled from New York to Vermont for this illicit encounter. At the designated meeting time on the morning of August 30, 2016, Ferrell was arrested by law enforcement officers outside of the hotel.
United States Attorney Christina Nolan commended the efforts of Homeland Security Investigations, U.S. Customs and Border Protection, and the Vermont Internet Crimes Against Children Task Force (ICAC). She noted that this prosecution is part of the U.S. Department of Justice’s Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney’s Offices, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Ferrell was represented by Assistant Federal Defender Elizabeth Quinn. The government was represented by Assistant United States Attorney Nicole Cate.
Mexican Man Sentenced for Alien SmugglingRead the Press Release
The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Salmen Hernandez-Ayala, 48, a citizen of Mexico, was sentenced today in United States District Court in Burlington for transporting three illegal aliens within the United States. United States District Judge Christina Reiss sentenced Hernandez-Ayala to time served. Hernandez-Ayala has been in custody since his arrest on May 17, 2018.
According to court records, Hernandez-Ayala hired a taxi in New York City and traveled in the taxi to a location near the United States / Canada border, where he picked up the three aliens and traveled south away from the border. Shortly after 3:00 a.m. on May 17, 2018, United States Border Patrol agents stopped the taxi on U.S. Route 5 in Derby, Vermont and determined that Hernandez-Ayala, who was in the front passenger seat, and the three aliens in the rear seat were illegally present in the United States.
The three aliens were charged, convicted, and sentenced as follows:
Eliezer Esteban Gamez-Saban, 21, a citizen of Guatemala, was charged with illegal reentry into the United States after having previously been removed from the United States, a felony offense. On June 7, 2018, he pleaded guilty and was sentenced by United States District Judge Christina Reiss to time served.
Jorge Campos-Navarro, 21, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense. On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.
Bryan Antonio Cruz-Salvador, 20, a citizen of Mexico, was charged with illegal entry into the United States, a misdemeanor offense. On June 28, 2018, he pleaded guilty and was sentenced by United States Magistrate Judge John M. Conroy to time served.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Hernandez-Ayala was represented by Assistant Federal Defender Elizabeth Quinn. Gamez-Saban was represented by Thomas Sherrer. Campos-Navarro and Cruz-Salvador were represented by Stephanie Greenlees. Assistant U.S. Attorney Nicole Cate represented the government.
Former Senior Living Facility Resident Sentenced to 5 Years of Probation and a $10,000 Fine for Possession of RicinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Betty Miller, 71, formerly of Shelburne, Vermont, was sentenced today by the Honorable Christina Reiss to a term of five years of probation, including extensive mental health treatment, following her plea to knowingly possessing ricin in violation of 18 U.S.C. §175b(c). The Court also imposed a $10,000.00 fine. Miller pled guilty in May 2018 pursuant to an agreement between the parties. Under that agreement, Miller acknowledged producing, storing and attempting to use ricin at her former senior living facility in the fall of 2017.
U.S. Attorney Christina Nolan offered thanks to the F.B.I., Shelburne Police Department, Shelburne Fire Department, Vermont State Police, Vermont Hazardous Material Response Team, and Vermont National Guard 15 Civil Support Team for their swift and tireless efforts to ensure the safety of the community following the discovery of the ricin at issue in this case.
AUSA Eugenia A. P. Cowles appeared for the government. Ms. Miller was represented by Paul S. Volk, Esq.
Quebec Man Sentenced to 51 Months Imprisonment for Smuggling over 100 Handguns from Vermont to QuebecRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Alexis Vlachos, 41, of Montreal, Quebec, was sentenced today in United States District Court by Judge William K. Sessions III to 51 months imprisonment for smuggling of over 100 handguns from Vermont to Quebec. Vlachos previously pled guilty to conspiring to export, and actually exporting, firearms from the United States to Canada, without a license, in violation of the Arms Control Export Act.
As part of his guilty plea, Vlachos agreed to the following facts: From July 2010 to April 2011, Vlachos and other persons, including defendants Annette Wexler and Jaime Ruiz, executed a plan to smuggle over 100 handguns, purchased in Florida, to Quebec, Canada, by way of northern Vermont and northeast New York. As part of this conspiracy, Annette Wexler and another coconspirator purchased these handguns from multiple federally licensed firearms dealers in the Tampa, Florida area. At the time of purchasing these firearms at the gun stores, Wexler and a coconspirator made multiple misrepresentations about the nature of these purchases on forms required by the Bureau of Alcohol, Tobacco, Firearms, and Explosives.
After purchasing these firearms, Annette Wexler, Jaime Ruiz, and another coconspirator transported these firearms to Quebec through northeastern Vermont and northeastern New York. As part of the conspiracy, Vlachos would usually take custody of the firearms in Quebec, where he sold many of them.Some of the firearms smuggled into Quebec were first brought to the Haskell Free Library in Derby Line, Vermont by Annette Wexler and Jaime Ruiz. The Haskell Free Library building straddles the international border of Derby Line, Vermont and Stanstead, Quebec.
On at least two occasions, in about March of 2011, Annette Wexler and Jaime Ruiz worked together to stash several firearms contained in small backpacks inside the trashcan of the library bathroom. Wexler then coordinated with Vlachos, who had entered the library from Quebec, to retrieve the firearms from the bathroom. Vlachos then transported the firearms to Quebec, where he sold many of them.
In April 2011, a coconspirator in Florida purchased thirty-four firearms from a federally licensed firearms dealer in the Tampa, Florida area. Vlachos and Wexler then drove these guns to a remote section of northeastern Vermont near Lake Wallace. Vlachos hiked these firearms across the international border into Quebec.
This conspiracy involved the smuggling of at least 104 handguns from the United States to Canada. Neither Vlachos, nor any of the others involved in these offenses, obtained a license from the United States Department of State prior to exporting these handguns to Canada.
Annette Wexler previously pled guilty to conspiring to make false statements to licensed gun dealers and unlawful exportation. On July 25, 2017, United States District Judge J. Garvan Murtha sentenced Wexler to time-served and two years of supervised release. Ruiz also pled guilty to two offenses relating to this smuggling conspiracy but, due to his death by illness, the charges against him were dismissed.
Vlachos was originally charged with these offenses in January 2015 but the process of extraditing him to the United States took over two years to complete. Vlachos faced a maximum possible term of imprisonment of twenty years.U.S. Attorney Christina E. Nolan praised the multiagency investigation that led to the conviction of Vlachos. She stated: “Because Canadian and U.S. law enforcement agencies joined forces to conduct a thorough investigation and secure this conviction, a dangerous gun trafficker with a long criminal history is off the street and innocent Canadians and Americans are safer. This is an outstanding example of how we work as a cross-border law enforcement community with our partners in Quebec and support each other as we strive to secure justice and safer communities for our citizens.”
“Swanton Sector Border Patrol depends on the close and continued collaboration with our federal, state, local, tribal and international law enforcement partners to accomplish its mission to secure the border,” said Swanton Sector Acting Chief Patrol Agent Robert Garcia. “The country and border community is a safer place thanks to the hard work of all the partner agencies involved in this investigation.”
“Homeland Security Investigations is proud to stand with our domestic and foreign law enforcement partners in stemming the flow of cross-border arms trafficking,” said Peter C. Fitzhugh Special Agent in Charge, Homeland Security Investigations (HSI) Boston. “This investigation and the resulting prison sentence should be a clear indication of HSI’s commitment to disrupting and dismantling Transnational Criminal Organizations, both domestic and abroad.”
This case is being prosecuted by Assistant U.S. Attorney Joseph Perella. Vlachos is represented by Paul Volk, Esq. of Burlington. This case was jointly investigated by U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the United States Border Patrol. In addition, the Royal Canadian Mounted Police and the Surete du Quebec provided assistance in this investigation.Two Nigerian Men Sentenced for Spearphishing Email SchemeRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that two Nigerian men were sentenced by Chief United States District Judge Geoffrey Crawford for their role in a conspiracy to steal personal financial information from employees of local governments, including the State of Vermont. Earlier this month, Eneye Dania, 31, of Nigeria was sentenced to a 17-month term of imprisonment, and Osariemen Isibor, 32, was sentenced to approximately 14 months he had spent in custody prior to his sentencing. Following the completion of their sentences, both men are expected to be removed from the United States and returned to Nigeria.
The conspiracy involved sending employees of local governments, colleges, and universities, "spearphishing" emails designed to look like they were sent by the employer's human resources departments. The emails advised the employee to click on a link to log into the employer's human resources webpage in order to access payroll and tax withholding data. Rather than connecting the employee to the employer's HR webpage, however, the employee was sent to a page operated by members of the conspiracy. When employees attempted to log on with their usernames and passwords, those log on credentials were captured by members of the conspiracy. Using those credentials, members of the conspiracy accessed the employees' real data, and attempted to file fake tax returns on behalf of the employee, with the hope of receiving a fraudulent tax refund. The IRS detected most of the fraudulent tax filings before refunds issued.
In Court filings, the United States Attorney emphasized that both men participated in the crime while more than 5,000 miles away, in Nigeria, then traveled to the United States after participating in this scheme, apparently unaware that the Federal Bureau of Investigation Cyber Agents were on their case.
The case was investigated by Vermont-based cyber agents of the FBI Albany Cyber Task Force, and the Criminal Investigations division of the Internal Revenue Service, also located in Vermont.
Assistant United States Attorney Michael Drescher was the prosecutor. Dania was represented by Robert Sussman, Esq. Isibor was represented by Paul Volk, Esq.
East Montpelier Man Pleads Not Guilty to Firearms ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael Bernier, age 34, from East Montpelier, Vermont, pleaded not guilty today to firearms charges before United States Magistrate Judge John M. Conroy in Burlington. A federal grand jury returned an indictment charging Bernier with possession of firearms while being an unlawful user of heroin and cocaine base and making false statements regarding his drug use when purchasing the firearms. Magistrate Judge Conroy has ordered Bernier detained pending trial.
According to court records, Bernier purchased two of the same type of make, model, and caliber semi-automatic pistols from R&L Archery in Barre, Vermont over the course of two days on June 22 and 23, 2018. The make and model that Bernier purchased are commonly used by firearm traffickers in the area. When agents from the Bureau of Alcohol, Tobacco, Firearms, and Explosives contacted Bernier about the purchases days later, Bernier told them that the firearms had been stolen out of his vehicle. Investigation has revealed that Bernier was a user of heroin and cocaine base at the time of the purchases.
The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and until he is proven guilty. If he is convicted, Bernier faces a maximum possible term of imprisonment of ten years. The actual sentence would be determined with reference to the federal sentencing guidelines.
In addition to the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the U.S. Attorney’s Office lauded the work of the Montpelier Police Department in assisting with the case. The United States is represented by Assistant U.S. Attorney Nicole Cate. Bernier is represented by Kevin Henry, Esq.
U.S. Attorney Christina Nolan noted that this prosecution is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Richard Monroe Sentenced to Twenty-Five Years in Prison in Connection with Murder of Kevin DeOliveiraRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that today Richard Monroe, age 26, was sentenced to serve 25 years in prison in United States District Court in Rutland, Vermont, for possessing firearms in furtherance of his cocaine trafficking and discharging a handgun and killing Kevin DeOliveira on January 2, 2015. At the time of his death, DeOliveira was 23 years old and enrolled at the University of Vermont. In April, Monroe pleaded guilty to two federal crimes in front of Chief Judge Geoffrey Crawford. He admitted to conspiring with Zachery Hust and others to distribute over 500 grams of cocaine during the second half of 2014. He also pleaded guilty to a firearms charge that he carried, used and possessed firearms during, and in furtherance of, the cocaine conspiracy, and, in particular, that he discharged a handgun on January 2, 2015, resulting in the death of Kevin DeOliveira.
In court, Monroe admitted participating in the cocaine conspiracy. During 2014, Monroe regularly obtained quantities of cocaine from DeOliveira and redistributed part of that cocaine to various customers in the Burlington area. In late 2014, Hust joined the conspiracy. For example, Hust and Monroe planned to obtain a kilogram of cocaine to sell to a marijuana customer of Hust, though that deal never came to fruition. During 2014, the conspiracy involved well over 500 grams of cocaine.
Monroe also acknowledged carrying, using, and possessing firearms in furtherance of this cocaine conspiracy. In 2014, the defendant possessed several firearms, including two handguns, a Glock and a Browning Buckmark .22. He regularly carried the Glock or displayed it in his residence when distributing cocaine. Monroe also admitted shooting DeOliveira and killing him on January 2, 2015. In late 2014, Monroe had a financial dispute with DeOliveira over several ounces of cocaine that had been damaged. DeOliveira claimed that the defendant owed him several thousand dollars for the cocaine. Monroe disputed this debt. On the morning of January 2, 2015, Monroe approached the door of DeOliveira's residence at 58 Green Street in Burlington. When DeOliveira opened the door of his apartment, the defendant discharged his Browning Buckmark .22 pistol, firing one bullet into DeOliveira’s eye. This shot killed Kevin DeOliveira.
U.S. Attorney Christina Nolan stated: “we commend our law enforcement partners in the Burlington Police Department and ATF for their collaboration and dogged investigation, which resulted in justice for Kevin DeOliveira and his devoted family. We know they continue to grieve, but we hope today’s significant sentence gives them some peace and an opportunity to move forward. This was a senseless crime of terrible violence that rocked the Burlington community. We hope the resolution of this case will be a signal to that community and the entire state that the U.S. Attorney’s Office and its partners at all levels will not tolerate violence in connection with the drug trade or in any other context, and that we will always join together to rectify this form of injustice and keep our communities safe. We also thank the Chittenden County State’s Attorney’s Office for its early assistance with this important case.”
The charges Monroe pleaded guilty to carry a mandatory minimum of 15 years, with a maximum sentence of life. Monroe, however, pleaded guilty pursuant to a binding plea agreement in which the parties agreed to a sentence of 25 years in prison. Today, the court accepted the plea agreement after a hearing before the court where both Monroe and Kevin’s mother addressed Chief Judge Crawford. Monroe has been detained since his arrest on June 12, 2017.
“Richard Monroe murdered Kevin DeOliveira in 2015. Proving this beyond a reasonable doubt and holding him accountable for this killing was not a simple matter, but that is why the men and women of the United States Attorney's Office and the Burlington Police Department are relentless in seeking justice for the crime victims in our city," said Brandon del Pozo, the Chief of Police of Burlington, Vermont. "Monroe's sentencing today will not bring Kevin back, but it will remind those who loved him that we did not forget that the government had a duty to hold his assailant responsible. And so he will be."
“Today’s sentencing demonstrates ATF’s commitment to targeting violent criminals who possess firearms in furtherance of narcotics trafficking”, said Mickey Leadingham, ATF Special Agent in Charge Field of the Boston Field Division. “Additionally, ATF’s forensic laboratory played a pivotal role in this investigation as they did specialized ballistic comparisons to the recovered firearm. ATF will continue to collaborate with our law enforcement partners to eliminate these type of crimes and keep our communities safe.”
The arrest of Monroe was the culmination of a multi-agency investigation that began in early 2015. The collaborative effort was led by the Burlington Police Department and the Bureau of Alcohol, Tobacco, and Firearms. United States Attorney Christina E. Nolan and Assistant United States Attorney Paul J. Van de Graaf prosecuted the case. Monroe is represented by Attorneys Mark Kaplan and Natasha Sen.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Perkinsville Man Sentenced in Armed Pharmacy and Bank Robbery CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Michael Bickford, age 38, formerly of Perkinsville, Vermont, was sentenced on August 6, 2018 in the United States District Court in Burlington on charges stemming from the December 5, 2016 armed robbery of the River Street Pharmacy in Springfield, Vermont. Bickford also admitted to committing the armed robberies of the Windsor County South Credit Union in Springfield, Vermont on October 18, 2016 and the Mascoma Savings Bank in Springfield, Vermont on November 10, 2016. United States District Judge Christina Reiss sentenced Bickford to 92 months of imprisonment, followed by three years of supervised release. Bickford was also ordered to pay $230.71 in restitution to the River Street Pharmacy.
As described in court records, at about 8:30 a.m. on December 5, 2016, Bickford entered the River Street Pharmacy located at 100 River Street in Springfield, Vermont armed with a pistol and wearing a dark-colored mask. Bickford approached the counter, pointed the pistol at a pharmacy employee’s midsection, and demanded prescription medications. While the first employee went to get prescription medications, Bickford pointed the pistol at a second employee. After the first employee gave Bickford the prescription medications, Bickford fled the pharmacy. Later that day, as law enforcement tried to confront Bickford, Bickford drove off at high speed and fled from police. Later that day, after an armed standoff with police, law enforcement arrested Bickford and found the loaded pistol in his vehicle, along with the prescription medications and pill bottles stolen from the River Street Pharmacy.
Also as described in court records, Bickford admitted that on October 18, 2016, he robbed the Windsor County South Credit Union located at 383 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $3,324. Bickford also stole the keys to a vehicle from a credit union employee. Bickford further admitted that on November 10, 2016, he robbed the Mascoma Savings Bank located at 270 River Street in Springfield, Vermont. During this robbery, Bickford was armed with a handgun and unlawfully took about $12,000. Bickford also stole a truck from one of the bank employees.
The case was investigated by the Springfield, Vermont Police Department, the Weathersfield, Vermont Police Department, the Windsor County Sheriff’s Department, the Vermont State Police, and the Federal Bureau of Investigation. The Windsor County State’s Attorney’s Office also assisted in the investigation. “We thank our partners at the U.S. Attorney's Office for removing this individual from our streets. Today Windsor County is a safer place,” said David J. Cahill, Windsor County State’s Attorney.
U.S. Attorney Christina Nolan added: “This case exemplifies our ongoing initiative to come together at all levels of law enforcement to combat violence in Vermont. Bickford’s crime is among the most egregious we see in federal court. He put our brave police officers and law abiding, hardworking Vermonters at great risk of death or serious bodily injury. This is intolerable, and we will continue to collaborate to bring justice to violent offenders, particularly those who use firearms.”
Bickford is represented by Jordana Levine of Marsicovetere & Levine Law Group, P.C. The United States is represented by Assistant United States Attorney John J. Boscia.
Rutland Woman Sentenced to 24 Months in Prison for Conspiracy to Distribute HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that Megan Harpp, 26, of Rutland, was sentenced by U.S. District Court Judge Geoffrey Crawford to 24 months imprisonment. Harpp previously pled guilty to conspiracy to distribute heroin. Judge Crawford also sentenced Harpp to three years of supervised release, which will begin when Harpp is released from jail.
According to Court records, on April 14, 2016, Louis Tobin and Megan Harpp were stopped by the Vermont State Police on Route 103 in Rutland County. Tobin had a bag in the car, which contained approximately 2,050 bags of heroin. Tobin also possessed about 37 bags of heroin on his person along with $1,735 in cash. Both Tobin and Harpp were returning from Chicopee, Massachusetts, where they purchased the heroin. They had intended to return to the Rutland area, where they would sell the heroin. Both Harpp and Tobin were arrested and indicted for conspiracy to distribute heroin by the federal grand jury sitting in Rutland. Louis Tobin, formally of both Rutland and Bennington, Vermont, was previously sentenced by U.S. District Court Judge Geoffrey Crawford to 48 months imprisonment.
After Harpp’s arrest in April 2016, she was released on conditions pending trial but failed to appear at a subsequent proceeding. Harpp was a fugitive for more than a year before she was arrested in the New York City area in December 2017.
This case was investigated by the Vermont State Police Drug Task Force and the Federal Bureau of Investigation. The United States is represented by Assistant U.S. Attorney Joseph Perella. Megan Harpp is represented by Steven Barth of the Federal Public Defenders Office. Tobin was represented by Michael Shklar, Esq., of Newport, Vermont.
Katie Stygles Sentenced for Defrauding Bradford EmployerRead the Press Release
The United States Attorney for the District of Vermont announced that Katie Stygles, 29, of Piermont, New Hampshire, was sentenced today in United States District Court in Rutland to five years of probation following her guilty plea to a charge of credit card fraud. Chief U.S. District Judge Geoffrey Crawford also ordered that Stygles pay restitution totaling $71,583.On September 28, 2017, a federal grand jury in Burlington returned a two-count indictment charging Stygles with wire fraud and access device fraud. According to the indictment, Stygles began working for ARC Mechanical Contractors in Bradford, Vermont in 2010. In February 2016, she was promoted to the position of office manager. In that job, Stygles had access to the company credit card number, which she used to order supplies.
According to the indictment, beginning in August 2016 and continuing through early May 2017 when she was fired, Stygles used the ARC Mechanical credit card about 130 times to purchase tack, barn supplies and equine, canine and livestock products for KMS Stables, a business that Stygles owned. She ordered the products from a vendor in Ohio using ARC Mechanical’s telephones and computers. During this time period, Stygles also diverted customer payments that were intended for ARC Mechanical into a Pay-Pal account for KMS Stables, and used ARC Mechanical’s United Parcel Service account to pay for goods she was shipping to customers of KMS Stables.
The indictment charges that the total fraud amounted to more than $70,000.
This case was investigated by the Bradford Police Department and the United States Secret Service.
Stygles is represented by Assistant Federal Defender Steven Barth. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Florida Man Pleads Guilty to Accepting $2.5 Million in Bribes and KickbacksRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Bhaskar Patel, 67, of Windermere, Florida, appeared today in federal district court in Rutland to answer to charges that, while employed by Schneider Electric Building Americas, he unlawfully solicited and accepted $2,536,119.19 in bribes and kickbacks associated with federal energy savings performance contracts (“ESPCs”) issued to Schneider Electric by various federal agencies. The Information filed in the case covers the time-period between June 6, 2011 and April 19, 2016. Chief District Court Judge Geoffrey W. Crawford accepted Patel’s guilty plea to both of the counts charged in the Information and released Patel on conditions. Judge Crawford ordered Patel to be back in U.S. District Court on December 7, 2018 for sentencing.
According to court documents, law enforcement initially received information that Patel had altered and falsified a bid document submitted to Schneider Electric by a Vermont subcontractor. That subcontractor was bidding for work on an ESPC at the United States Department of Veterans Affairs, White River Junction, Vermont Medical Center (“VA-WRJ”). Patel selected a different subcontractor to work on Schneider’s project, and – in order to cover his tracks – falsified the losing local bid. From there, investigators uncovered a wide-ranging scheme to defraud the federal government, whereby Patel received in excess of $2.5 million in illegal bribes and kickbacks in exchange for awarding a piece of Schneider Electric’s enormous federal contracts to subcontractors who agreed to pay bribes and kickbacks for the work. Patel directed the subcontractors to pay him by check, often diverting funds through his adult son and daughter, and insisting on a bogus reference notation.
For each contract named in the Information, Patel, a Senior Project Manager, was authorized and directed by Schneider Electric to obtain bids from subcontractors and recommend for selection the subcontractors that would be awarded a contract under an ESPC.
According to the Information, Patel accepted illegal kickbacks and bribes in connection with a $70 million project for the United States Coast Guard (“USCG”) in Aguadilla, Puerto Rico; a $24.7 million project for the United States Department of Agriculture (“USDA”) in Albany, California; a $12.6 million project for the United States General Services Administration (“GSA”) in St. Croix, U.S. Virgin Islands; a $21.8 million project for GSA in San Juan, Puerto Rico and St. Thomas, U.S. Virgin Islands; a proposed project of $42.4 million for work on the VA medical centers in Vermont, Massachusetts, Rhode Island, and Maine; and a $114.3 million project for the U.S. Navy for work on the Naval base in Coronado, California.
Patel pleaded guilty to one count of accepting illegal kickbacks in connection with federal contracts, a violation of 41 U.S.C. §§ 8702 and 8707, and one count of accepting bribes in connection with federal contracts, a violation of 18 U.S.C. § 666. Patel faces up to ten years of imprisonment, followed by up to three years of supervised release, on each of the counts of conviction. Patel further faces a fine of up to $5,072,238.38, or twice his ill-gotten gains. The actual sentence, however, will be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The government also filed a Notice of Forfeiture in the amount of $2,536,119.19, which Patel agreed to as part of his guilty plea. As part of his negotiated plea with the government, the government agreed to reduce the forfeiture from $2.5 million to $1.75 million if Patel pays $950,000 in forfeiture on or before his sentencing date.
United States Attorney Christina E. Nolan commended the collaborative investigative efforts of the VA Office of Inspector General, the GSA Office of Inspector General, the Naval Criminal Investigative Service, the USDA Office of Inspector General, and the Coast Guard Investigative Service, stating: “This important conviction results from a team effort by talented law enforcement officers from a cross-section of government agencies. Patel’s crime involved a sweeping fraud that harmed many federal agencies and the American citizens and government employees who depend upon them. The U.S. Attorney’s Office is committed to continuing to collaborate with our law enforcement partners in all agencies to combat large-scale financial fraud and guard against misuse, diversion, and theft of taxpayer dollars. Unmasking and combatting crimes of greed will remain a top priority of the USAO. I also commend the talented AUSAs in the district of Vermont who worked with law enforcement over the course of a lengthy investigation to achieve justice in this complex case. Our skilled prosecutors will remain focused and relentless in their pursuit of justice in complex fraud cases, in collaboration with our agency partners.”
“Federal energy savings performance contracts are intended to save VA money. Bribery and other corrupt acts by contractors instead divert and waste precious dollars intended for our nation’s veterans,” said VA-OIG Special Agent-in-Charge Sean J. Smith. “The VA Office of Inspector General will continue to work with our partners in the law enforcement community to prevent this type of fraud and hold any wrongdoers accountable.”
USDA-OIG Special Agent-in-Charge Bethanne M. Dinkins commented, “We appreciate the commitment of the U.S. Attorney’s Office and the cooperative efforts of our law enforcement partners throughout this significant investigation. Mr. Patel’s guilty plea sends a strong message regarding the benefit of working across agency lines to protect the integrity of the procurement process throughout Government. The USDA Office of Inspector General will continue to dedicate resources to investigate those who unlawfully solicit and accept bribes and kickbacks involving USDA contracts.”
CGIS Special Agent in Charge Art Walker stated, “The Coast Guard Investigative Service is committed to protecting Coast Guard assets, personnel, and operations worldwide. CGIS Special Agents from the Major Procurement Fraud Division coordinated with federal law enforcement partners to uncover this massive scheme that defrauded the U.S. Government.”
“The GSA Office of Inspector General will continue to aggressively investigate GSA contractors who engage in bribery and kickback schemes at the expense of the government,” added Special Agent in Charge, Luis Hernandez.
NCIS Northeast Field Office Special Agent in Charge Leo S. Lamont stated, “Fraud is never a victimless crime. In this case involving bribery and kickbacks related to the mischarging of the Navy for services and construction, the victims are not just our men and women in uniform, but all American taxpayers. NCIS will continue to tirelessly pursue all those who seek to take advantage of the Department of the Navy and its interests while keeping the procurement system fair and honest.”
The United States is represented in this matter by Assistant U.S. Attorneys Abigail Averbach, Owen Foster, and Paul van de Graaf. Bhaskar Patel is represented by David Haas, Esq., of Haas Law in Orlando, Florida; and Heather Ross, Esq., of Sheehey, Furlong & Behm PC in Burlington, Vermont.
New Jersey man sentenced for alien smugglingRead the Press Release
The United States Attorney’s Office and the Swanton Sector of the United States Border Patrol announce that Jose Moreira de Sousa, 51, a naturalized U.S. citizen who lives in Newark, N.J., was sentenced today in United States District Court in Burlington to one-year of probation following his guilty plea to a charge that he transported two illegal aliens within the United States. U.S. District Judge Christina Reiss also fined Moreira de Sousa $1000 and ordered him to pay special assessments totaling an additional $5100.
According to court records, on the morning of October 17, 2017, a concerned citizen notified agents at the Beecher Falls Border Patrol station that a suspicious person driving an Audi with New Jersey license plates was at a cabin literally feet from the U.S. – Canadian border. Agents learned that the car was driven by Moreira de Sousa and that he had entered the United States from Canada earlier that day.
Agents surveilled Moreira de Sousa, who appeared to be alone, in the vicinity of the cabin and followed him to a local restaurant, where he bought coffee and muffins for three persons. He then returned to the cabin. Shortly thereafter, Moreira de Sousa and two other men emerged from the cabin and got into the defendant’s Audi. Agents followed the car as it drove away. When the vehicle pulled to the side of the road, agents approached, determined that Moreira de Sousa was a U.S. citizen and that the two occupants were Portuguese nationals who had walked across the border, with Moreira de Sousa’s assistance, a few hours before. Neither alien had permission to enter the United States.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Moreira De Sousa was represented by Douglas Kallen. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Tammy Wilder Sentenced to 15 Years in Prison in Fatal Arson CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Tammy Wilder, age 47, formerly of Barre, Vermont was sentenced on July 30, 2018, on a charge of conspiracy to commit robbery stemming from the fatal arson that occurred in Northfield, Vermont in December 2015. She was also sentenced for her role in making a place available for storing, distributing, and using controlled substances in 2014. United States District Judge Christina Reiss sentenced Wilder to a 15-year term of incarceration, followed by three years of supervised release. Wilder was also ordered to pay restitution to the victims of her offenses in the amount of $620,025.92.
As described in court records, in the fall of 2015, Howard Hoisington, Jonathan Zampieri, Tammy Wilder, Kevin Atwood, and Kim Hoisington committed a series of robberies of drug dealers in the Washington County area of Vermont. Some of these robberies involved a scheme of dousing a person selling drugs with gasoline and threatening them with a lighter to rob them of their drugs. The last of these robberies resulted in a fire that destroyed a building in Northfield and killed innocent bystander Brittany Burt.
On December 14, 2015, Howard Hoisington, Zampieri, Tammy Wilder, Kim Hoisington, and Amanda Wilder drove in Zampieri’s vehicle to pick up Atwood in Montpelier. They all drove to the Cumberland Farms in Northfield where Zampieri filled two mason jars with gasoline. From there, the group drove to the apartment of Efren Serrano on Union Street in Northfield, Vermont, from whom they had arranged to purchase crack cocaine. Zampieri, Howard Hoisington, and Atwood went to Serrano’s apartment and kicked in the front door. They found Serrano and Serrano’s girlfriend, Brittany Burt, in the bedroom. Serrano and Burt were doused with gasoline and the men demanded Serrano’s drugs. When Serrano did not respond, Zampieri pulled out a lighter. The lighter went off, igniting the gasoline vapors and causing the room to burst into flames. Zampieri, Howard Hoisington, and Atwood fled the building. At some point, Serrano was able to run from the building on fire. Serrano sustained life threatening injuries, but he survived. Brittany Burt could not escape the building. She died on the bedroom floor.
Tammy Wilder’s co-defendants, Howard Hoisington, Jonathan Zampieri, Kim Hoisington, and Richard Hoisington, have all pleaded guilty to various charges. Howard Hoisington was sentenced to 24 years in prison for his role in the fatal arson. Richard Hoisington was sentenced to 13 months of imprisonment for conspiring to distribute controlled substances. The other co-defendants await sentencing.
This case provides an example of the United States Attorney’s Office Violent Crime Initiative, aimed at pursuing federal prosecutions involving the intersection of drug trafficking and violence. United States Attorney Christina Nolan commended the efforts of Vermont State Police, Vermont Drug Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives, as well as the Northfield Police Department, Barre City Police Department, and Berlin Police Department. The United States Attorney’s Office worked in partnership with the Washington County State’s Attorney’s Office to investigate and resolve this important matter.
United States Attorney Nolan added, “To describe this crime as senseless and abhorrent would be an understatement. It is a stark example of the horrific violence that too often arises from the trafficking of crack cocaine and other dangerous drugs. Federal prosecutors will work tirelessly with our federal, state, and local law enforcement partners to demonstrate zero tolerance for crimes of such depravity. Resolution and justice for the victims and their families was achieved through the collaborative efforts of our federal, state, and local investigators, and through the teamwork of state and federal prosecutors. We will continue to come together to achieve justice for victims, and peace and security for Vermonters. There is no place for such horrific violence in our state and our charging priorities will so reflect.”
ATF Assistant Special Agent in Charge Lawrence Panetta said, “Arson is a crime of extreme violence that puts the lives of the public and first responders in grave danger. ATF is committed with our local, state, and federal public safety partners to ensure our communities remain free from the dangerous acts arsonists commit and utilize all the necessary resources to bring these individuals to justice.”
“Tammy Wilder’s sentencing brings this case one step closer to resolution for the Burt family and the other victims of these crimes,” added Lieutenant Todd Baxter of the Vermont State Police. “VSP remains committed to preventing and investigating violent crime throughout the State of Vermont, and bringing those who commit violent crimes to justice.”
Tammy Wilder is represented by Ian Carleton and Kevin Lumpkin of Sheehy, Furlong & Behm P.C. The United States is represented by AUSAs Paul Van de Graaf and John Boscia.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Attorney General Jeff Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Bennington Man Convicted of Armed RobberyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that John Chinnici, 33, of Bennington, Vermont, was convicted on July 27, 2018, in United States District Court in Burlington, Vermont, following a jury trial. U.S. District Judge Christina Reiss ordered Chinnici to remain in custody after the jury returned its verdict.
According to court records and proceedings, on January 11, 2016, at approximately 12:30 am, two masked men, one of whom carried a handgun, approached two employees of the Martin’s Mobil Mini-Mart in Bennington, Vermont as the employees walked to deposit the store’s night receipts at the drop box of a nearby bank. After demanding the employees hand over the bag containing the money, the robbers ordered the men to lie on the ground. The robbers then ran away. The employees returned to the store and called 911.
Through investigation, the Bennington Police Department determined that Austin Mayhew, 29, of Bennington, was one of the robbers. Mayhew identified Chinnici as the man who committed the robbery with him and as the person who carried the handgun. When interviewed by law enforcement, Chinnici claimed that he was not in Bennington on the night of the robbery; he claimed that he spent the night in East Dover at the home of friends.
Mayhew eventually pleaded guilty in Vermont state court to committing the robbery. He testified at Chinnici’s trial pursuant to a court-ordered grant of immunity. In addition to Mayhew’s testimony, the government presented evidence which rebutted Chinnici’s false alibi. The government also presented evidence from Chinnici’s cell phone, including evidence that his cell phone was in Bennington at the time of the robbery, not in East Dover, texts he exchanged with a former-girlfriend which detailed that he came into money during the night of the robbery, and photos of receipts showing that he sent the former girlfriend nearly $1,000 in the days following the robbery.
United States Attorney Christina E. Nolan commended the efforts of the ATF and the Bennington Police Department in the investigation and prosecution of Chinnici. The prosecution of Chinnici was handled by Assistant U.S. Attorneys Barbara A. Masterson and Joseph R. Perella. Chinnici was represented by Ernest (Bud) Allen.
Chinnici faces a sentence of up to 20 years incarceration, followed by a period of supervised release, restitution, a possible fine, and a mandatory special assessment. Chinnici’s sentence will be determined by the sentencing judge after consultation with the United States Sentencing Guidelines and the factors set forth in 18 U.S.C. § 3553(a).
Mexican Man Sentenced for Unlawfully Reentering the United StatesRead the Press Release
The United States Attorney for the District of Vermont and the Swanton Sector Office of the United States Border Patrol announce that Zein Diaz-Ventura, 27, a citizen of Mexico, was convicted and sentenced today in United States District Court in Rutland for reentering the United States after having previously been removed from the country. United States District Court Chief Judge Geoffrey W. Crawford sentenced Diaz-Ventura to time served. Diaz-Ventura has been held without bail since his arrest on May 11, 2018. Custody of Diaz-Ventura will be transferred from the United States Marshal’s Service to the Department of Homeland Security for removal proceedings.
According to court records, Diaz-Ventura was the passenger in a vehicle with license plates “not on file” traveling on State Route 105 in Richford, Vermont in the evening on May 11, 2018. U.S. Border Patrol pulled over the vehicle and subsequently determined that Diaz-Ventura has two prior 2012 misdemeanor convictions for illegal entry into the United States and has been removed from the United States on three occasions. In addition, Diaz-Ventura was convicted of misdemeanor battery (domestic violence) in Florida in 2012.
The Swanton Sector Border Patrol is responsible for securing the land border between ports of entry in Vermont as well as New Hampshire and northeastern New York. The assistance of citizens is invaluable in helping the U.S. Border Patrol accomplish their border security mission and they welcome community members to help them keep our nation’s borders safe by reporting suspicious activity at 1-800-689-3362.
For more on CBP’s mission at our nation’s ports of entry with CBP officers and along U.S. borders with Border Patrol agents, please visit the Border Security section of the CBP website.
Diaz-Ventura is represented by Assistant Federal Defender David McColgin. The prosecutor is Assistant U.S. Attorney Nicole Cate.
Man Charged with Unlawful Transportation of Illegal AliensRead the Press Release
The United States Attorney’s Office announces that Francisco Ramirez-Espinosa, 29, a citizen of Mexico, appeared Friday in United States District Court in Burlington on a charge that he transported four illegal aliens within the United States. U.S. Magistrate Judge John M. Conroy ordered that Ramirez-Espinosa be temporarily detained.
According to the criminal complaint, on the evening of July 12, 2018, Agents from the Swanton Border Patrol Station encountered Ramirez-Espinosa driving a car with New Jersey license plates near the Highgate Springs Port of Entry. The four passengers in the vehicle and the defendant are citizens of Mexico who have no immigration status in the United States.
The United States Attorney emphasizes that the charge in the complaint is merely an accusation, and that the defendant is presumed innocent unless and until he is proven guilty. If convicted, the defendant faces up to five years of imprisonment and a fine of up to $250,000. The actual sentence would be determined with reference to federal sentencing guidelines.
Ramirez-Espinosa is represented by David McColgin of the Office of the Federal Public Defender. The prosecutor is Assistant U.S. Attorney Abigail Averbach.Courtney Hallstrom pleads not guilty to charge that she conducted straw purchase of firearmRead the Press Release
The United States Attorney for the District of Vermont announced that Courtney Hallstrom, 23, of Northfield, pleaded not guilty today in United States District Court in Burlington to a charge that she made materially false statements in connection with her purchase of a firearm. U.S. Magistrate Judge John M. Conroy ordered that Hallstrom be detained pending a July 18 bail hearing.
On July 12, 2018, a federal grand jury returned a one-count indictment accusing Hallstrom of making two false statements during her purchase of a .380 caliber semi-automatic pistol from a licensed firearms dealer on May 15, 2018. According to the indictment, Hallstrom falsely swore on the Firearms Transaction Record that she was the actual purchaser of the gun, that is, she was not buying the gun on another person’s behalf. Hallstrom allegedly also falsely claimed that she was not an unlawful user of narcotics. In fact, according to court records, it is alleged that Hallstrom traded the gun to a convicted felon in exchange for a gram of crack cocaine.
The United States Attorney emphasizes that the indictment is merely an accusation and that Hallstrom is presumed innocent unless and until she is proven guilty.