District of Vermont
Press releases recorded for this federal judicial district.
Federal Gun Charge Brought Against Shrewsbury ManRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury has returned a two-count indictment charging Frank Weir, 55, of Shrewsbury, with possessing a machine gun without a permit and possessing a firearm with an obliterated serial number. Both counts identify the same Thompson U.S. Navy 1928 submachine gun, .45 caliber (manufactured by Colt).
Weir is currently in state 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 involved in the Marzilli shooting. An arraignment in federal court on the federal charges has not yet been scheduled.
The United States Attorney emphasizes that the charges contained in the indictment are merely accusations and that the defendant is presumed innocent unless and 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. Violation of this offense 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 he 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 Joe Perella. Weir is represented by Peter Langrock, Esq. of Middlebury.
Brooklyn New York Man Sentenced to Ten Years Imprisonment for Conspiracy to Distribute Heroin and Crack Cocaine in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Joel Joyce (a.k.a. “Prince”), 27, of Brooklyn, New York was sentenced to ten years imprisonment by U.S. District Judge Geoffrey Crawford for his role as a leader in a conspiracy to distribute large amounts of cocaine base and heroin in Rutland County.
On December 23, 2016, after a one-week trial, a federal jury convicted Joyce of conspiracy to distribute heroin and 28 grams or more of cocaine base in the Rutland area. The minimum term of imprisonment for this offense is five years and the maximum term of imprisonment is 40 years. Judge Crawford imposed a 10-year term of imprisonment, and sentenced Joyce to a mandatory four-year term of supervised release, which will begin after Joyce serves the prison term.
According to the evidence presented at trial, Joyce used co-conspirators from Brooklyn, New York to bring heroin and crack cocaine from Brooklyn to the Rutland, Vermont area by bus and other means. Joyce then used drug addicts in the Rutland area to distribute the drugs and collect his money. The government presented evidence that Joyce and his coconspirators from New York would often stay at the homes of addicts in Rutland and West Rutland, and used these homes as a base of operations in which to operate Joyce’s drug trafficking enterprise. Joyce paid the addict hosts heroin and crack cocaine for assisting him. One female witness testified at trial that Joyce would “sit around” her State Street, Rutland apartment and “smoke weed while I went and did [drug] deals for him.” The government also presented evidence at trial showing that Joyce made tens of thousands of dollars selling drugs in the Rutland area. Joyce often managed the drug trafficking operation in Rutland by cell phone while he was in Brooklyn, New York.
This case was investigated by the Federal Bureau of Investigation, the Drug Enforcement Administration, and the Vermont State Police Drug Task Force. The United States is represented by Assistant U.S. Attorneys Joe Perella and Jon Ophardt. The defendant is represented by David Williams, Esq. of Burlington.
Richard Monroe Arrested in Connection with the Death of Kevin DeOliveiraRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on June 12, 2017, agents with the Bureau of Alcohol, Tobacco, and Firearms arrested Richard Monroe, age 24, in the Western District of Texas. Monroe is charged in a multi-count Superseding Indictment with crimes relating to cocaine trafficking, robbery, and the murder of Kevin DeOliveira on January 2, 2015 at 58 Green Street, Burlington. At the time of his death, DeOliveira was 23 years old and enrolled at the University of Vermont. Monroe will have his initial appearance today at a federal court in El Paso, Texas. During that hearing, a United States Magistrate Judge is expected to decide whether Monroe will be released on conditions or detained pending trial. The Texas Judge may also decide to let Monroe have his detention hearing in the District of Vermont, in which case he would be transported here in the custody of the United States Marshals Service.
The Superseding Indictment charges Monroe with the following offenses: 1) conspiring with Zachary Hust and others to distribute at least 500 grams of cocaine in Vermont from mid-2014 through January 2, 2015; 2) carrying firearms during, and in furtherance of, the cocaine conspiracy, and, in particular, discharging a handgun on January 2, 2015, resulting in the death of Kevin DeOliveira; 3) robbing two individuals at gunpoint for small amounts of marijuana and cash; and 4) carrying a firearm in connection with the marijuana robbery.
Hust, Monroe’s codefendant, is charged only with the cocaine conspiracy.
As reflected in the motion for Monroe’s pretrial detention filed in the Western District of Texas, the government’s evidence shows that, on January 2, 2015, Monroe shot and killed Kevin DeOliveira. Monroe shot DeOliveira with a .22 caliber handgun, at close range, in an execution-style killing. Numerous witnesses report that Monroe was trafficking in cocaine in and around the time of the shooting, and there is evidence that the motive for the shooting related to a cocaine debt. Additionally, Monroe confessed to murdering DeOliveira to a third-party witness. Investigators, moreover, have recovered the firearm used to commit the murder of DeOliveira. That firearm belonged to Monroe. Separate from the cocaine conspiracy, in November 2014, Monroe robbed two individuals at an apartment in Burlington at gunpoint. During the robbery, Monroe and an associate stole marijuana and cash. At the time of the offenses, Monroe was enrolled at Champlain College in Burlington.
If convicted of all charges, Monroe faces a mandatory minimum of 35 years, with a maximum sentence of life.
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. Assistant United States Attorneys Christina E. Nolan and Paul J. Van de Graaf are prosecuting the case.
Canadian Man Charged with Alien SmugglingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that yesterday the Grand Jury returned an indictment charging Viatcheslav Kim, of Montreal, with one count of transporting aliens in furtherance of their illegal presence in the United States. Court records show that agents of the United States Border Patrol apprehended Kim during the early morning of May 31, 2017 in Derby Line, Vermont, as he was driving two persons who appeared to have just illegally entered the U.S. from Canada, on foot. Neither of Kim’s passengers were U.S. citizens, and neither had permission to be inside the United States.
Kim is charged with violating section 1324(a)(1)(A)(ii) of Title 8 of the United States Code. Should Kim be convicted as charged he faces a maximum possible sentence of a five-year term of incarceration. Kim is presumed innocent unless and until he is convicted at trial or by plea.
The United States sought to detain Kim during the pendency of the prosecution based upon a risk of not appearing at future court proceedings. United States Magistrate Judge John M. Conroy denied the United States’ motion, and released Kim on conditions which included the posting of a $3000 cash bond.
“These arrests highlight the importance of our profession and display the unique talents Border Patrol Agents put forth to disrupt transnational criminal activity while securing our nation’s northern border,” said Chief Patrol Agent John C. Pfeifer.
The Assistant United States Attorney is Michael P. Drescher. Kim is represented by Elizabeth Quinn, of the Office of Federal Public Defender.
Rutland Town Woman and Shrewsbury Man Sentenced to 24 Months Imprisonment for Narcotics Distribution in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Andi Majka, 28, of Rutland Town, and Young Lim, 35, of Shrewsbury, have been sentenced to imprisonment for their respective roles in distributing crack cocaine and heroin in the Rutland area over a few year period. Both had previously pled guilty to distribution of crack cocaine and, according to court records, both also sold heroin.
Judge Geoffrey W. Crawford of the United States District Court in Rutland sentenced both Lim and Majka to twenty-four months imprisonment. Judge Crawford also imposed a three-year period of supervision by the United States Probation Office, i.e. “Supervised Release,” which begins after each is released from prison.
According to court records, Lim and Majka sold crack and heroin in the Rutland area for a few year period ending in October 2015, when they were arrested on federal drug distribution charges. According to court records, at one point in 2015 they were obtaining up to ten grams of heroin and one ounce of crack cocaine per day from out-of-state dealers. They then sold a significant portion of their narcotics to support their own drug addictions.
For several months in 2016, Majka and Lim were participating in the Federal Drug Court Program in Rutland. Federal defendants are potentially eligible for this program depending on a variety of factors including whether their offenses were addiction driven and whether their offense conduct involved violence. If Lim and Majka had successfully completed the Federal Drug Court Program, both would have received a probationary sentence. However, after both repeatedly used drugs during the program and misrepresented their conduct to the Probation Office and before the Drug Court, Judge Crawford suspended them from the program and ordered them detained.
This case was investigated by the Vermont State Police Drug Task Force and the Federal Bureau of Investigation, with assistance from the Rutland Police Department. The United States is represented by Assistant U.S. Attorney Joe Perella. Majka is represented by David Watts, Esq. of Burlington. Lim is represented by Kevin Henry, Esq. of Burlington.
Rutland Attorney John Canney III Pleads Guilty to Filing False Tax ReturnsRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that John R. Canney III, an attorney in Rutland, Vermont, pleaded guilty today in United States District Court in Burlington to charges of filing false tax returns. Chief U.S. District Judge Christina Reiss released Canney on conditions pending sentencing, which has been set for September 21, 2017.
- May 15, 2017, the United States filed a criminal information charging Canney with one count of filing a false individual income tax return for tax year 2011, and one count of filing a false corporate tax return for tax year 2011, the charges which he admitted today.
Mr. Canney is the sole owner of John R. Canney III, P.C., a Rutland law firm. The firm has two principal bank accounts: an operating account and a client trust account, also known as an IOLTA account. Mr. Canney used the trust account to maintain client retainer fees and funds held in trust. Upon earning fees through legal services, rather than transferring his professional remuneration from the IOLTA account to the operating account where it would be subject to accounting oversight for tax purposes, Mr. Canney instead transferred this earned income from the client trust account to his personal bank account.
- preparation for filing both the corporation income tax return and his personal income tax return for tax year 2011, Mr. Canney provided his return preparer with documentation of transactions from the firm’s operating account, but not transactions from the client trust account. Because the return preparer used only operating account financial records to determine the firm’s net income, and because those records excluded the IOLTA diversions, the corporate tax return did not include the diverted funds as corporate gross receipts. Therefore, the gross receipts of the corporation for tax year 2011 were substantially higher than the gross receipts listed on the filed corporation income tax return. Likewise, the operating account financial records did not reflect the deposits from the IOLTA account into Mr. Canney’s personal bank account. Therefore, the personal tax returns that the preparer completed for Mr. Canney omitted the income derived from the IOLTA account. Consequently, the adjusted gross income for tax year 2011 was substantially higher than the adjusted gross income listed on the filed individual income tax return.
Canney faces up to three years of imprisonment and a fine of up to $250,000. The actual sentence will be determined with reference to the federal Sentencing Guidelines.
This case was investigated by the Internal Revenue Service. Canney is represented by Tristram J. Coffin of Downs Rachlin Martin PLLC in Burlington. The prosecutor is Assistant U.S. Attorney Kevin J. Doyle.
United States Attorney’s Office Announces Resolution of the Federal Forfeiture Action Against Rutland Boarding HouseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that the United States and the owner of 24 and 24.5 Cottage Street in Rutland have resolved the forfeiture action brought against this property. The property, commonly referred to as a boarding or rooming house, consists primarily of single room occupancy rental units.
As part of this resolution, Francesca Petruccelli, the out-of-state owner of the property, has sold this real estate to a Rutland area company, who has been notified of its obligation to take reasonable steps to monitor potential drug trafficking on the property. This company, 24 Cottage LLC, is located at Tenney Brook Court in Rutland. The primary members of the LLC are John Ruggiero and Sylvie LeBel. Meanwhile, the United States has filed a stipulation to dismiss its forfeiture complaint, without prejudice to re-filing the complaint in the future, if appropriate under the law.
In addition, as part of the resolution, 24 Cottage LLC signed an acknowledgment letter with the United States Attorney’s Office recognizing the legal duties federal drug forfeiture laws impose on property owners. These legal duties include taking “reasonable” steps to “terminate” the drug trafficking on a particular property. Such “reasonable steps” include: (1) giving timely notice to law enforcement of suspected drug trafficking or drug manufacturing violations; (2) making good faith attempts to evict those suspected of engaging in drug trafficking offenses; and (3) taking “reasonable actions in consultation with law enforcement to discourage or to prevent the illegal use of the property.”
The acknowledgment letter also contains the following guidelines: “Landlord assistance can include such actions as reporting suspicious activity to law enforcement, maintaining sufficient outdoor lighting around a property, restoring fencing, maintaining landscaping, towing abandoned vehicles, and installing video recording equipment in common areas and outdoor spaces. Even minor assistance, such as relaying tenant complaints of suspicious activity and high traffic, can be of assistance to law enforcement. Tenant screening and management is also important. All rental agreements should include an option of evicting any tenant who is dealing or manufacturing controlled substances in a rental unit.”
The United States brought the forfeiture action against the Cottage Street properties because of the repeated drug trafficking occurring there in 2013-14. The United States also prosecuted the son of the prior owners, Michael Petruccelli, who lived on the property and helped manage it, for drug distribution offenses. According to the government’s allegations, at times, Michael Petruccelli would accept crack cocaine as rent from drug dealing tenants. In November 2015, United States District Judge Geoffrey Crawford sentenced Michael Petruccelli to 48 months imprisonment for distribution of crack cocaine on the property. The forfeiture complaint alleged that multiple other drug dealers sold narcotics at the property in 2013 and 2014 and that the owners of the property did not take reasonable steps to stop the drug trafficking on the property, including by their son.
Acting U.S. Attorney Eugenia Cowles stated, “The Cottage Street forfeiture action, along with the previously settled Park Avenue federal forfeiture action, also in Rutland, demonstrate the important role landlords play in combatting drug dealing in Vermont.” Acting USA Cowles noted such cases should encourage all landlords to take reasonable, affirmative steps to deter drug trafficking on their rental properties and to notify law enforcement immediately if drug dealing occurs.
The underlying drug trafficking investigations related to this forfeiture matter were conducted by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, the Drug Enforcement Administration, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Rutland Police Department. The United States Marshals Service provided significant assistance during the forfeiture action.
The United States is represented in this matter by Assistant U.S. Attorneys James Gelber and Joseph Perella. The former property owner, Francesca Petruccelli (RFTJ Enterprise, Ltd.), is represented by Paul Kulig, Esq. of Rutland.
Electronic Health Records Vendor to Pay $155 Million to Settle False Claims Act AllegationsRead the Press Release
One of the nation’s largest vendors of electronic health records software, eClinicalWorks (ECW), and certain of its employees will pay a total of $155 million to resolve a False Claims Act lawsuit alleging that ECW misrepresented the capabilities of its software, the Justice Department announced. The settlement also resolves allegations that ECW paid kickbacks to certain customers in exchange for promoting its product. ECW is headquartered in Westborough, Massachusetts.
“Every day, millions of Americans rely on the accuracy of their electronic health records to record and transmit their vital health information,” said Acting Assistant Attorney General Chad A. Readler of the Justice Department’s Civil Division. “This resolution is a testament to our deep commitment to public health and our determination to hold accountable those whose conduct results in improper payments by the federal government.”
The American Recovery and Reinvestment Act of 2009 established the Electronic Health Records (EHR) Incentive Program to encourage healthcare providers to adopt and demonstrate their “meaningful use” of EHR technology. Under the program, the U.S. Department of Health and Human Services (HHS) offers incentive payments to healthcare providers that adopt certified EHR technology and meet certain requirements relating to their use of the technology. To obtain certification for their product, companies that develop and market EHR software must attest that their product satisfies applicable HHS-adopted criteria and pass testing by an accredited independent certifying entity approved by HHS.
In its complaint-in-intervention, the government contends that ECW falsely obtained that certification for its EHR software when it concealed from its certifying entity that its software did not comply with the requirements for certification. For example, in order to pass certification testing without meeting the certification criteria for standardized drug codes, the company modified its software by “hardcoding” only the drug codes required for testing. In other words, rather than programming the capability to retrieve any drug code from a complete database, ECW simply typed the 16 codes necessary for certification testing directly into its software. ECW’s software also did not accurately record user actions in an audit log and in certain situations did not reliably record diagnostic imaging orders or perform drug interaction checks. In addition, ECW’s software failed to satisfy data portability requirements intended to permit healthcare providers to transfer patient data from ECW’s software to the software of other vendors. As a result of these and other deficiencies in its software, ECW caused the submission of false claims for federal incentive payments based on the use of ECW’s software.
“This settlement is the largest False Claims Act recovery in the District of Vermont and we believe the largest financial recovery in the history of the State of Vermont,” said Acting U.S. Attorney Eugenia A.P. Cowles for the District of Vermont. “This significant recovery is a testament to the hard work and dedication of this office and our partners in the Commercial Litigation Branch of the Civil Division and at HHS. This resolution demonstrates that EHR companies will not succeed in flouting the certification requirements.”
Under the terms of the settlement agreements, ECW and three of its founders (Chief Executive Officer Girish Navani, Chief Medical Officer Rajesh Dharampuriya, M.D., and Chief Operating Officer Mahesh Navani) are jointly and severally liable for the payment of $154.92 million to the United States. Separately, Developer Jagan Vaithilingam will pay $50,000, and Project Managers Bryan Sequeira, and Robert Lynes will each pay $15,000.
As part of the settlement, ECW entered into a Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General (HHS-OIG) covering the company’s EHR software. This innovative five-year CIA requires, among other things, that ECW retain an Independent Software Quality Oversight Organization to assess ECW’s software quality control systems and provide written semi-annual reports to OIG and ECW documenting its reviews and recommendations. ECW must provide prompt notice to its customers of any safety related issues and maintain on its customer portal a comprehensive list of such issues and any steps users should take to mitigate potential patient safety risks. The CIA also requires ECW to allow customers to obtain updated versions of their software free of charge and to give customers the option to have ECW transfer their data to another EHR software provider without penalties or service charges. ECW must also retain an Independent Review Organization to review ECW’s arrangements with health care providers to ensure compliance with the Anti-Kickback Statute.
“Electronic health records have the potential to improve the care provided to Medicare and Medicaid beneficiaries, but only if the information is accurate and accessible,” said Special Agent in Charge Phillip Coyne of HHS-OIG. “Those who engage in fraud that undermines the goals of EHR or puts patients at risk can expect a thorough investigation and strong remedial measures such as those in the novel and innovative Corporate Integrity Agreement in this case.”
The settlement with ECW resolves allegations in a lawsuit filed in the District of Vermont by Brendan Delaney, a software technician formerly employed by the New York City Division of Health Care Access and Improvement. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. As part of today’s resolution, Mr. Delaney will receive approximately $30 million.
This matter was jointly handled by the Civil Division’s Commercial Litigation Branch, the U.S. Attorney’s Office for the District of Vermont, the HHS Office of Inspector General, and multiple HHS agencies and components.
The case is captioned United States ex rel. Delaney v. eClinialWorks LLC, 2:15-CV-00095-WKS (D. Vt.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
Electronic Health Records Vendor to Pay the Largest Settlement in the District of VermontRead the Press Release
BURLINGTON, VT – One of the nation’s largest vendors of electronic health records (EHR) software, eClinicalWorks (ECW), and certain of its employees will pay a total of $155 million to resolve a False Claims Act lawsuit alleging that ECW misrepresented the capabilities of its software, the Justice Department announced. The settlement also resolves allegations that ECW paid kickbacks to certain customers in exchange for promoting its product. ECW is headquartered in Westborough, Massachusetts.
“This settlement is the largest False Claims Act recovery in the District of Vermont and we believe the largest financial recovery in the history of the State of Vermont,” said Acting United States Attorney for the District of Vermont Eugenia A.P. Cowles. “This significant recovery is a testament to the hard work and dedication of this office and our partners in the Commercial Litigation Branch of the Civil Division and at HHS. This resolution demonstrates that EHR companies will not succeed in flouting the certification requirements.”
The American Recovery and Reinvestment Act of 2009 established the Electronic Health Records (EHR) Incentive Program to encourage healthcare providers to adopt and demonstrate their “meaningful use” of EHR technology. Under the program, the U.S. Department of Health and Human Services (HHS) offers incentive payments to healthcare providers who adopt certified EHR technology and meet certain requirements relating to their use of the technology. To obtain certification for their product, companies that develop and market EHR software must attest that their software satisfies applicable HHS-adopted criteria and pass testing by an accredited, independent, HHS-approved certifying entity.
In its complaint-in-intervention, the government contends that ECW falsely obtained that certification for its EHR software when it concealed from its certifying entity that its software did not comply with the requirements for certification. For example, in order to pass certification testing without meeting the certification criteria for standardized drug codes, the company modified its software by “hardcoding” only the drug codes required for testing. In other words, rather than programming the capability to retrieve any drug code from a complete database, ECW simply typed the 16 codes necessary for certification testing directly into its software. ECW’s software also did not accurately record user actions in an audit log, and in certain situations did not reliably record diagnostic imaging orders or perform drug interaction checks. In addition, ECW’s software failed to satisfy data portability requirements intended to permit healthcare providers to transfer patient data from ECW’s software to the software of other vendors. As a result of these and other deficiencies in its software, ECW caused the submission of false claims for federal incentive payments based on the use of ECW’s software.
“Every day, millions of Americans rely on the accuracy of their electronic health records to record and transmit their vital health information,” said Acting Assistant Attorney General for the Civil Division of the Department of Justice Chad A. Readler. “This resolution is a testament to our deep commitment to public health and our determination to hold accountable those whose conduct results in improper payments by the federal government.”
Under the terms of the settlement agreement, ECW and three of its founders (Chief Executive Officer Girish Navani, Chief Medical Officer Rajesh Dharampuriya, M.D., and Chief Operating Officer Mahesh Navani) are jointly and severally liable for the payment of $154,920,000 to the United States. Separately, Developer Jagan Vaithilingam will pay $50,000, and Project Managers Bryan Sequeira, and Robert Lynes will each pay $15,000.
As part of the settlement, ECW entered into a Corporate Integrity Agreement (CIA) with the HHS Office of Inspector General (HHS-OIG) covering the company’s EHR software. This innovative 5-year CIA requires, among other things, that ECW retain an Independent Software Quality Oversight Organization to assess ECW’s software quality control systems and provide written semi-annual reports to OIG and ECW documenting its reviews and recommendations. ECW must provide prompt notice to its customers of any safety related issues and maintain on its customer portal a comprehensive list of such issues and any steps users should take to mitigate potential patient safety risks. The CIA also requires ECW to allow customers to obtain updated versions of their software free of charge and to give customers the option to have ECW transfer their data to another EHR software provider without penalties or service charges. ECW must also retain an Independent Review Organization to review ECW’s arrangements with health care providers to ensure compliance with the Anti-Kickback Statute.
“Electronic health records have the potential to improve the care provided to Medicare and Medicaid beneficiaries, but only if the information is accurate and accessible,” said Special Agent in Charge Phillip Coyne of HHS-OIG. “Those who engage in fraud that undermines the goals of EHR or puts patients at risk can expect a thorough investigation and strong remedial measures such as those in the novel and innovative Corporate Integrity Agreement in this case.”
The settlement with ECW resolves allegations in a lawsuit filed in the District of Vermont by Brendan Delaney, a software technician formerly employed by the New York City Division of Health Care Access and Improvement. The lawsuit was filed under the qui tam, or whistleblower, provisions of the False Claims Act, which permit private individuals to sue on behalf of the government for false claims and to share in any recovery. The Act also allows the government to intervene and take over the action, as it did in this case. As part of today’s resolution, Mr. Delaney will receive approximately $30 million.
This matter was jointly handled by Assistant United States Attorneys Owen C.J. Foster and Nikolas P. Kerest of the U.S. Attorney’s Office for the District of Vermont, Kelley Hauser and Edward Crooke of the Commercial Litigation Branch of the Civil Division, the HHS Office of Inspector General, and multiple HHS agencies and components.
The case is captioned United States ex rel. Delaney v. eClinialWorks LLC, 2:15-CV-00095-WKS (D. Vt.). The claims resolved by the settlement are allegations only, and there has been no determination of liability.
New York Man Sentenced to 110 Months in Federal Prison for Selling Oxycodone and Laundering Money in Vermont over A Six-Year PeriodRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on May 22, 2017, The Honorable William K. Sessions III, sitting in Burlington, sentenced Michael J. Foreste, aka “Beast,” of Valley Stream, New York to 110 months’ imprisonment and three years of supervised release. Foreste was convicted at trial on 10 charges related to his oxycodone trafficking in Vermont over a six-year period. Specifically, in October 2016, a jury convicted Foreste, age 36, of (1) conspiring to distribute oxycodone in Vermont from about 2008 through June 2014; (2) distributing oxycodone (seven counts); and (3) money laundering (two counts). The jury returned a not guilty verdict relating to an additional count charging oxycodone distribution. The verdict was returned following a trial spanning two weeks. Judge Sessions III presided over the trial. At sentencing, Judge Sessions also ordered Foreste to forfeit his interest in a 2007 Lexus, which Foreste used to launder drug proceeds.
The Fourth Superseding Indictment charged Foreste with working with others to sell oxycodone from 2008 through June 2014, including Andre Clarke, Carol Clarke and Dannis Hackney. During that period, Andre Clarke served as a New York City police officer. Earlier this year, Clarke pled guilty to his role in the conspiracy and resigned from the NYPD. His sentencing is scheduled for November 7. In September 2016, Hackney pled guilty to several charges relating to his involvement in the oxycodone scheme. He is also awaiting sentencing. Carol Clarke is under federal indictment for conspiring to distribute oxycodone and awaiting trial.
According to prosecutors, Carol Clarke, who lived in Brooklyn, received a monthly prescription for hundreds of oxycodone to treat her sickle cell disease. She diverted the pills to her brother, Andre Clarke, of Long Island, who supplied them to Foreste. In the early part of the conspiracy, Foreste brought the pills to Vermont himself and sold them with the help of certain local addicts. In April 2012, however, Vermont State Police stopped Foreste in a vehicle on Interstate 91 North and seized 659 oxycodone pills from his person. Based on this event, Foreste sustained a federal conviction in 2013 for possession with intent to distribute oxycodone and was on pretrial release during much of the conduct involved in the current case. After April 2012, Foreste began working with Hackney, of Chittenden County, who sold Foreste’s pills to Burlington area addicts. Foreste eventually began mailing the pills to Hackney via the U.S. Mail Express Mail system. The Clarkes, Foreste, and Hackney transferred drug proceeds using various bank accounts, resulting in Foreste’s two convictions for money laundering. The evidence presented at trial demonstrated that Foreste’s drug distribution in Vermont yielded him illicit profits in excess of $500,000 over the course of the conspiracy. Foreste and Hackney have been in custody since their arrests in June 2014.
The convictions and sentencing of Foreste were the culmination of a multi-agency investigation and prosecution that began in mid-2014. The collaborative effort was spearheaded by Homeland Security Investigations, with assistance from the Federal Bureau of Investigation, the Drug Enforcement Administration, the Vermont State Police, the Burlington Police Department, and the NYPD. Foreste is represented by Mark Kaplan, of Burlington, and Natasha Sen, of Brandon. The case was prosecuted by Assistant United States Attorneys Christina E. Nolan and Kevin J. Doyle.
Massachusetts Man Sentenced to 66 Months in Prison for Selling Heroin and Crack CocaineRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on May 16, 2017, Childlove Gelin, 25, was sentenced to 66 months in federal prison after his guilty plea to charges that he distributed heroin and cocaine base, and that he conspired to distribute heroin and 28 grams or more of cocaine base. Chief U.S. District Court Judge Christina Reiss also ordered that Gelin serve four years of supervised release after his prison term.
According to court records, between July of 2015 and April of 2016, Gelin and his associates sold heroin and cocaine to an informant on 10 separate occasions. When Gelin was arrested on April 18, 2016, 44.7 grams of cocaine base and $2,871 were located in his Brattleboro apartment. During the course of the offense, Gelin also possessed a handgun. Gelin has been in federal custody since the time of his arrest.
For his crimes, Gelin faced a 5-year mandatory minimum sentence and a statutory maximum term of 40 years in prison. The government and the defense agreed that a 66-month prison sentence was appropriate. In imposing that sentence, Judge Reiss considered the severity of the offense, the harm heroin has caused the Vermont community, and Gelin’s criminal record, among other factors.
Acting United States Attorney Eugenia Cowles commended the efforts of the Vermont State Police Drug Task Force and the Brattleboro Police Department for their work in this investigation. Acting United States Attorney Cowles noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
The prosecution was handled by Assistant U.S. Attorneys Christina Nolan and Nate Burris. Gelin is represented by Brooks G. McArthur of the Burlington law firm Jarvis & McArthur.
Three Chittenden County, Vermont Residents Charged with Making Their Homes Available for Drug DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that federal criminal charges have been brought against three individuals accused of making their residences in Chittenden County, Vermont available for drug activity. These charges resulted from long-term investigations into the distribution of fentanyl, heroin, and cocaine base by three different drug organizations operating in Chittenden County.
The following individuals were charged as described below:
Michelle West, age 41, for conspiring with Rashaad Phillips of Boston and Saquan Moore of Boston to distribute fentanyl and cocaine base, and for making a house West controlled at 98 Shady Lane in Colchester, VT, available for drug activity.
Gayle Morenus, age 41, for conspiring with Myron Bernard of Philadelphia and Kevin Kyle Forman of Burlington to distribute heroin and cocaine base, and making an apartment Morenus controlled at 25 South Willard Street in Burlington, VT, available for drug activity.
Michael Bessette, age 48, for conspiring with Philip Haynes of New York City to distribute fentanyl, heroin, and cocaine base, and for making a house Bessette controlled at 23 1/2 North Champlain Street in Burlington, VT, available for drug activity.
The United States Attorney emphasizes that these charges are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. West, Morenus, and Bessette each face a maximum sentence of 20 years’ imprisonment for making their homes available for drug distribution.
In announcing these charges, Acting United States Attorney Eugenia A. P. Cowles stated that “with the help of our federal, state, and local law enforcement partners, our office continues to pursue not only drug traffickers moving drugs into Vermont, but also Vermonters who facilitate drug distribution. These facilitators allow drug dealers to exploit the safe-harbor of their homes to operate and peddle their poison within our communities. In doing so, they commit crimes worthy of federal prosecution.”
The United States is represented in these matters by Assistant U.S. Attorney Jonathan A. Ophardt. Michelle West is represented by Thomas Sherrer, Esq. Gayle Morenus is represented by Bradley Stetler, Esq. Michael Bessette is represented by Karen Shingler, Esq. The investigations of these individuals were conducted by the Drug Enforcement Administration, the Burlington Police Department, the U.S. Postal Inspection Service, and the Vermont State Police Drug Task Force.
Queens, New York Man Charged with Supplying over 1 Kilogram of Heroin for Distribution in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Second Superseding Indictment charging Javier Pallamps-Fernandez, aka “Javi,” of Queens, New York with drug distribution charges. Specifically, the indictment alleges that Pallamps-Fernandez conspired with Christopher Nazer of Milton to distribute over a kilogram of heroin in Vermont from approximately 2012 to May of 2016.
In Court documents, the United States alleges that during the conspiracy, Pallamps-Fernandez, Nazer, and others trafficked heroin from New York City to the Burlington area, through the use of vehicles with hidden compartments. On May 9, 2016, law enforcement seized an Audi station wagon registered to Nazer that contained over 1 kilogram of heroin in a hidden compartment. The United States alleges that Pallamps-Fernandez was the source of that heroin.
On May 9, 2017, Javier Pallamps-Fernandez appeared before United States Magistrate Judge John M. Conroy for his arraignment, and was ordered detained pending trial.
The United States Attorney emphasizes that the charges contained in the Second Superseding Indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If Pallamps-Fernandez is convicted, he faces a mandatory minimum sentence of twenty years, and a maximum possible term of imprisonment of life.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Pallamps-Fernandez is represented by Barry Goldberg, Esq. of New York, New York. The investigation was conducted by the Burlington Police Department and the Drug Enforcement Administration, with assistance from the Milton Police Department.
New York-Winooski Man Charged with Five Counts of Sex TraffickingRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that yesterday, April 27, 2017, a federal grand jury returned a superseding indictment charging Brian Folks, 42, of New York City and Winooski, Vermont, with four counts of Sex Trafficking by Force, Fraud, and Coercion, and one count of Sex Trafficking of a Minor.
Folks and two co-defendants were indicted federally on July 14, 2016, on charges of Conspiracy to Distribute 28 Grams or More of Cocaine Base and 100 Grams or More of Heroin and related crimes in Vermont. Yesterday, a federal grand jury in Burlington returned a superseding indictment, adding the new charges related to human trafficking. Specifically, Folks is accused of trafficking four individuals referred to in the indictment as “Victim A,” “Victim B,” “Victim C,” and “Victim D,” and using force, threats of force, fraud, and coercion to cause the victims to engage in commercial sex acts between June 2012 and February 2016. Folks is further accused of trafficking “Minor Victim E” for commercial sex in May 2013. Neither of Folks’ co-defendants named in the initial indictment is charged with human trafficking.
According to an affidavit in support of a search warrant application submitted on January 24, 2017 and unsealed today, law enforcement received information that Folks was sex trafficking multiple women – at least one as young as seventeen or eighteen – out of local motels, residences, and other locations. Folks preyed upon the drug addictions of his victims, withholding drugs from them until they were in withdrawal so severe that they complied with his demands that they perform commercial sex acts for his profit.
According to the affidavit, Folks typically photographed the women in sexually suggestive poses and various states of undress and posted them on “Backpage,” an Internet forum known for so-called adult and escort services, for purposes of selling the women for sex. According to the affidavit, Folks also blackmailed the women he coerced into sex trafficking by threatening to post to the Internet humiliating sexual photographs that revealed their identities. According to the same affidavit, law enforcement discovered a homemade video on Folks’ Facebook account that showed Folks narrating a disparaging and demeaning story about a woman who allegedly stole narcotics from him, interspersed with still photographs of her in sexual poses. Law enforcement also discovered an apparently homemade video advertising commercial sex posted to YouTube under the name “Moet Hart,” an alias for Folks. Finally, one victim referred to in the affidavit reported the use of physical violence and rape in order to secure her ongoing submission and his control.
If convicted, Folks faces a mandatory minimum of fifteen years of imprisonment and up to a maximum of life imprisonment for Sex Trafficking by Force, Fraud, and Coercion. Folks also faces a mandatory minimum of ten years of imprisonment and up to a maximum of life imprisonment for Sex Trafficking of a Minor, and a mandatory minimum of five years and up to a maximum of forty years of imprisonment on the original drug conspiracy charge. 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 superseding indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty.
Acting United States Attorney Eugenia A.P. Cowles commended the investigative efforts of the Drug Enforcement Administration; the Federal Bureau of Investigation; and the Burlington, South Burlington, and Essex Police Departments.
Cowles also stated, “Commercial sex trafficking is a rapidly rising problem in Vermont, a direct offshoot of the continuing opiate crisis, and an increasingly lucrative criminal enterprise. The United States Attorney’s Office is committed to working with our law enforcement partners to prosecute individuals who prey upon the most vulnerable among us to exploit addiction for financial gain. As part of that effort, we continue to support the education and outreach efforts of Vermont’s Human Trafficking Task Force to assist individuals who have been coerced into commercial sex.”
In Vermont, victims of commercial sex trafficking can find immediate help by dialing 2-1-1.
The United States is represented in this matter by Assistant U.S. Attorneys Abigail Averbach, Timothy Doherty, Jr., and Wendy Fuller. Brian Folks is represented by William E. Kraham, Esq.
Susan Blaue Pleads Not Guilty to Central Vermont EmbezzlementRead the Press Release
The United States Attorney for the District of Vermont announced that Susan Blaue, 39, of Woodstock, pleaded not guilty today in United States District Court in Burlington to charges that she stole money from her former employer. Chief U.S. District Judge Christina Reiss released Blaue on conditions pending trial.
On March 29, 2017, a federal grand jury in Rutland returned a three-count indictment charging Blaue with forgery, mail fraud and credit card fraud. According to the indictment, between 2012 and early 2015, Blaue was employed by ABLE Waste Management and two related companies in Plymouth. Beginning in early 2013, Blaue served as a bookkeeper for the companies, handling accounts receivables and payables and the companies’ payroll. Although she did not have check signing authority on the companies’ accounts, she did have access to a signature stamp of the companies’ owner, who was a signer.
According to the indictment, beginning in approximately April 2013 and continuing through the end of her employment in January 2015, Blaue stole approximately $130,000 from ABLE Waste Management and the related companies. The indictment alleges she did this by issuing many checks to herself without authorization, forging the owner’s signature on the checks or using the signature stamp without permission, then depositing the checks into her own bank account. Blaue also assertedly used company funds to pay her personal bills, and used ABLE credit cards to make purchases for herself. In addition, it is alleged that Blaue used company funds to pay the rent on the company-owned house she lived in while employed by ABLE.
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, Blaue faces up to 20 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 United States Secret Service and the Windsor County Sheriff’s Office.
Blaue is represented by Assistant Federal Public Defender David McColgin. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Man Charged with Sending Threats to South Burlington High School Students and Faculty Appears in CourtRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Josiah Leach, 18, of South Burlington, Vermont, appeared today before the Honorable Christina Reiss charged with one count of knowingly transmitting in interstate commerce threats to injure others. Chief Judge Reiss advised Leach of the charge against him and appointed the Office of the Federal Public Defender to represent him. He is deemed innocent until proven guilty of the charges.
Leach, who was arrested on Friday night, will remain in custody pending a detention hearing on Thursday, April 27, 2017 at 10:00 a.m.
Acting United States Attorney Eugenia A.P. Cowles again thanked the Federal Bureau of Investigation, the South Burlington Police Department, the Vermont State Police, and Champlain College’s Leahy Center for Digital Investigations for their tireless work in the investigation leading to Leach’s arrest.
Leach was represented by Assistant Federal Public Defender Elizabeth Quinn. AUSA Michael Drescher represented the United States.
Myron Bernard, aka “Hood,” and Kevin “Kyle” Forman Indicted for Conspiracy to Distribute Heroin and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Myron Bernard, aka “Hood,” of Philadelphia, Pennsylvania, and Kevin “Kyle” Forman of Burlington, Vermont were indicted by the federal grand jury yesterday, and charged with conspiring to distribute and distributing heroin and cocaine base in Vermont.
According to Court documents, the United States alleges that both Bernard and Forman engaged in the sale of heroin near the corner of South Willard and Buell Streets in Burlington, Vermont. Forman also distributed heroin in various parking lots in Winooski and Burlington. After one of these distributions of heroin, law enforcement surveillance followed Forman back to his residence on Austin Drive in Burlington.
Both Forman and Bernard appeared earlier this week before United States Magistrate Judge John M. Conroy in Burlington. Forman was ordered detained pending trial. Bernard was ordered held pending a detention hearing, scheduled for Monday, April 24, 2017.
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 proven guilty. If either Bernard or Forman is convicted, each faces a maximum possible term of imprisonment of twenty years.
The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt. Bernard is represented by the Federal Public Defender for the District of Vermont. Forman is represented by Richard R. Goldsborough, Esq. The investigation was conducted by the Vermont State Police, the Burlington Police Department, and U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI).
Rutland/Bennington Man Sentenced to 48 Months in Prison for Conspiracy to Distribute HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Louis Tobin, 30, formerly of Rutland and Bennington, Vermont, was sentenced today by U.S. District Court Judge Geoffrey Crawford on Tobin’s previously entered guilty plea to conspiring to distribute heroin to 48 months imprisonment and three years of supervised release. As part of his plea agreement with the government, Tobin agreed to the forfeiture of the $1,735 that was seized from him at the time of his arrest.
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. He also possessed about 37 bags of heroin on his person along with $1,735 in cash. Both Tobin and Harpp were indicted for conspiracy to distribute heroin by the federal grand jury sitting in Rutland.
Harpp was released on conditions pending trial but failed to appear at a subsequent proceeding. She is now a fugitive. If anyone has information regarding her whereabouts, please call the United States Marshals Service at (802) 951-6271.
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. Tobin is represented by Michael Shklar, Esq., of Newport, Vermont. Megan Harpp is represented by Steven Barth of the Federal Public Defenders Office.
Wilmington Man Sentenced on Second Child Pornography Possession ConvictionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Donald Ray Boles, 59, of Wilmington, Vermont, was sentenced on April 17, 2017, in United States District Court in Burlington, Vermont, to serve 120 months in federal prison after his conviction at trial for possession of child pornography. U.S. District Judge William K. Sessions III also ordered Boles to serve a 10-year period of supervised release and to pay a $100 special assessment.
According to court records and proceedings, on September 6, 2011, the Federal Bureau of Investigation executed a warrant to search Boles’ residence for evidence of child pornography. During the search, numerous computers and other digital media were seized. During a forensic examination conducted by the Vermont Internet Crimes Against Children Task Force, approximately 140 images of child pornography were found on various computers and hard drives from the residence. Boles’ computers also contained thousands of images of child erotica, as well as sexually explicit cartoons, anime, and graphic stories. The computers also revealed that Boles communicated over the Internet with other offenders about their shared interest in preschool and toddler girls.
This was Boles’ second conviction for possession of child pornography. In 1999, then-U.S. Customs Service agents executed a search warrant of Boles’ residence for child pornography. Boles was charged and eventually pleaded guilty to one count of possession of child pornography in United States District Court in Vermont. In June 2001, Judge Sessions ordered Boles to serve 15 months imprisonment, followed by two years of supervised release.
Acting United States Attorney Eugenia A.P. Cowles commended the efforts of the FBI, the Vermont Internet Crimes Against Children Task Force, and the New York State Police in the investigation and prosecution of Boles. The prosecution of Boles was handled by Assistant U.S. Attorneys Barbara A. Masterson and Abagail E. Averbach. Boles was represented by Assistant Federal Defenders Steven L. Barth and Elizabeth K. Quinn.
Acting U.S. Attorney Cowles 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.
New York City Man Sentenced to 37 Months in Prison for Drug DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on April 17, 2017, Leander Hannibal, 39, of Brooklyn, New York, was sentenced to 37 months in federal prison after his guilty plea to charges that he possessed with the intent to distribute heroin and cocaine base. U.S. District Court Judge William K. Sessions III also ordered that Hannibal serve three years of supervised release after his prison term.
According to court records, in June and July of 2016, Hannibal was bringing quantities of heroin and cocaine base from New York City to Vermont in order to distribute those drugs. After an investigation, on July 15, 2016, agents from the Drug Enforcement Agency (DEA) arrested Hannibal. DEA seized approximately 11 grams of heroin and 28 grams of cocaine base from Hannibal. Hannibal has been in federal custody since.
For his crime, Hannibal faced a statutory maximum term of 20 years in prison. The government and the defense agreed that a 37-month prison sentence was appropriate. In imposing that sentence, Judge Sessions considered the severity of the offense; the harm heroin has caused the Vermont community, and Hannibal’s criminal record, among other factors.
Acting United States Attorney Eugenia Cowles commended the efforts of DEA, the Burlington Police Department, and the Vermont State Police Drug Task Force for their work in this investigation. Acting United States Attorney Cowles noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Hannibal is represented by Robert Behrens from the Burlington law firm Behrens, Venman & Sussman.
Upstate New York Man Sentenced to 33 Months in Crystal Meth CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on Friday, April 7, 2017, Justin R. Brennan, 37, of Queensbury, New York, was sentenced in the United States District Court in Burlington following his guilty plea to Conspiracy to Distribute Five Grams or More of Methamphetamine. Chief U.S. District Court Judge Christina Reiss sentenced Brennan to 33 months in prison followed by three years of post-release supervision.
According to court records, the defendant was charged by information with one count of conspiracy to distribute methamphetamine, commonly referred to as “crystal meth.” As part of the plea agreement, Brennan stipulated that between April 2015 and April 2016, he conspired to take possession of between 1.5 and 4.5 kilograms of methamphetamine for the purposes of distribution in Vermont and elsewhere.
On or about April 13, 2016, Brennan sold approximately 28 grams of methamphetamine to a cooperating witness for the government. Law enforcement discovered that Brennan had fronted a significant amount of methamphetamine to his customers, including approximately 56 grams shortly before his arrest in April 2016. During the execution of a search warrant at Brennan’s upstate New York residence, law enforcement agents discovered over 50 grams of methamphetamine that Brennan had planned to distribute for profit.
Acting United States Attorney Eugenia A.P. Cowles credited the Federal Bureau of Investigation, as well as the Vermont State Police Drug Task Force and the New York State Police, for their hard work and cooperation in the investigation of this case.
Brennan was represented by Richard Goldsborough, Esq. The prosecutor was Assistant U.S. Attorney Abigail Averbach.
Bronx Man Sentenced to 15 Years in Prison for Discharging Firearm and Drug Trafficking in Barre, VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Maxwell Suero, 25, of Bronx, New York, was sentenced today for discharging a firearm in furtherance of a drug trafficking offense and conspiring to distribute more than 28 grams of cocaine base. District Judge William K. Sessions sentenced Suero to a 60-month term of incarceration for conspiracy to distribute more than 28 grams of cocaine base, and a consecutive 120-month term of incarceration for discharging a firearm in furtherance of a drug trafficking offense, resulting in a total sentence of 180 months.
According to Court records, in the summer of 2014, Suero was importing cocaine base to Barre, Vermont for distribution from the residence of co-defendant Melissa Garr. Suero provided cocaine base to Garr in exchange for allowing Suero and his associates to distribute drugs from her residence. Suero also recruited his co-defendant, Khari Long, to travel from New York to Vermont for the sole purpose of dealing cocaine base to Vermonters.
On September 22, 2014, Suero and Long entered Garr’s residence in Barre with the intent of confronting Garr and two other drug dealers who had begun dealing controlled substances from Garr’s residence. Suero and Long were both armed with firearms when they entered Garr’s residence through a basement door. The confrontation resulted in a shoot-out between Suero and one of the newly arrived drug dealers. Suero sustained a gunshot wound to his hand, while the other man sustained a gunshot wound to his left shoulder. Suero and Long retreated back through the basement, and upon exiting the residence, Suero left a smear of his blood on the basement doorknob.
After a brief hiatus, Suero returned to Garr’s residence, and again began distributing cocaine base. On February 6, 2015, Barre City Police Officers, Vermont State Police Troopers, and United States Marshal Deputies executed an arrest warrant for Suero at Garr’s residence. While attempting to hide, Suero threw a loaded .45 caliber revolver, and dropped 6.5 grams of cocaine base. Suero was eventually located in a basement crawl space. Approximately 150 grams of powder cocaine were located in the ceiling tiles of one of Garr’s bedrooms.
As part of his plea agreement, Suero admitted to conspiring to distribute more than 2.8 kilograms of cocaine base from 2011 to February 2015, to discharging a firearm during the September 22, 2014 confrontation at Garr’s residence, and to acting as a lookout in an armed robbery of a restaurant in the Bronx on December 21, 2012.
Acting United States Attorney Eugenia A. P. Cowles commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the Barre City Police Department; the Vermont State Police; and the United States Marshals Service in the arrest and prosecution of Suero.
Suero was represented by Chandler Matson, Esq. The United States was represented by Assistant U.S. Attorney Jonathan A. Ophardt.
Burlington Woman Sentenced to 8 Months in Prison for Drug ConspiracyRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on April 6, 2017, Laura Berard, 55, of Burlington, Vermont was sentenced to 8 months in federal prison after her guilty plea to charges that she conspired to distribute heroin and cocaine base. Chief U.S. District Court Judge Christina Reiss also ordered that Berard serve three years of supervised release after her prison term.
According to court records, in late 2015 and early 2016, Berard permitted a heroin and cocaine dealer from the New York City area to use her apartment as a base from which to deal drugs. Berard’s apartment on North Champlain Street in Burlington was adjacent to the Sustainability Academy at Lawrence Barnes, a public elementary school. On June 2, 2016, a federal grand jury in the District of Vermont returned a five-count indictment charging Berard and her co-defendant, John Williams, aka “Ace,” with conspiring to distribute heroin and cocaine base and distributing those substances within 1000 feet of a school. Berard pled guilty to the conspiracy charges on December 29, 2016. Williams’ case is pending trial.
For her crime, Berard faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Berard receive a prison term between 8 and 14 months. In determining that an 8-month sentence was appropriate, Judge Reiss considered, among other factors, Berard’s poor health, the severity of the offense, Berard’s violations of pretrial conditions of release, and her lengthy criminal record, which includes a federal conviction in the District of Vermont in 2000 for distributing heroin.
Acting United States Attorney Eugenia Cowles emphasized that the indictment against Berard’s co-defendant is an accusation only and that he remains innocent unless and until he is proven guilty. Acting United States Attorney Cowles commended the Burlington Police Department, HSI, and DEA for their work in this investigation. She noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
Assistant U.S. Attorney Timothy C. Doherty, Jr handled this prosecution. Assistant Federal Public Defender Steven Barth represents Berard.
Bronx, New York Man Charged with Supplying over 100 Grams of Heroin and 28 Grams of Crack Cocaine for Distribution in VermontRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that a federal grand jury returned a Second Superseding Indictment charging eight defendants with conspiracy to distribute controlled substances, including Andre Terrell, aka “Buzzo,” of Bronx, New York. The indictment alleges that Terrell conspired with Evan Harris, aka “Red,” William Harris, aka “G,” Troy Washington, Sara Munger, aka “Big Sara,” John Finn, aka “Pops,” Jeffrey Lacroix, and Gregory Wright to distribute cocaine base and heroin in Vermont from February of 2015 to August 25, 2016.
According to Court documents, the United States alleges that during the conspiracy, Evan Harris, Troy Washington, William Harris, and others distributed controlled substances in Chittenden County, Vermont. Evan Harris would provide the money obtained from these sales to Sara Munger, who would bring the money to Andre Terrell in the Bronx for additional quantities of heroin and cocaine base. Munger would then bring the controlled substances back to Vermont by automobile, and provide them to Evan Harris. Once the controlled substances were in Vermont, Evan Harris split the drugs with William Harris, and the drugs were stored and distributed from the residences of John Finn, Jeffrey Lacroix, and others in Chittenden County.
On July 7, 2016, law enforcement arrested Munger during a traffic stop on northbound Interstate 91, and found her to be in possession of approximately 127 grams of heroin and 24.8 grams of cocaine base. On August 23, 2016, a cooperating informant retrieved over $11,000 from Evan Harris at a residence in Burlington Vermont, which was intended for Andre Terrell. On August 24, 2016, the cooperating informant traveled to the Bronx, and delivered the $11,000 to Andre Terrell in exchange for over 100 grams of heroin.
On March 13, 2017, Terrell was charged by Criminal Complaint, and subsequently arrested in the Bronx. On March 17, 2017, Terrell appeared before United States Magistrate Judge Barbara C. Moses in the Southern District of New York, who ordered that Terrell remain detained pending his appearance in the District of Vermont. Terrell’s initial appearance in Vermont has not yet been scheduled. Evan Harris, William Harris, Troy Washington, Sara Munger, John Finn, Jeffrey Lacroix, and Gregory Wright have all previously appeared before United States Magistrate Judge John M. Conroy after the federal grand jury charged them in previous indictments.
The United States Attorney emphasizes that the charges contained in the Second Superseding Indictment are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If Terrell is convicted, he faces a mandatory minimum sentence of five years, and a maximum possible term of imprisonment of forty years.
The United States is represented in this matter by Assistant U.S. Attorney Jonathan A. Ophardt. Terrell is represented by William Theodore Martin, Esq. of Somers, New York. Evan Harris is represented by Bradley Stetler, Esq. William Harris is represented by David Watts, Esq. Troy Washington is represented by Kevin Henry, Esq. Sara Munger is represented by Federal Public Defender Michael Desautels, Esq. John Finn is represented by Michael J. Straub, Esq. Jeffrey Lacroix is represented by David J. Williams, Esq. Gregory Wright is represented by Christopher L. Davis, Esq. The investigation was conducted by the Federal Bureau of Investigation and the Vermont State Police Drug Task Force, with assistance from the Drug Enforcement Administration.
Two Canadians Charged with Marijuana SmugglingRead the Press Release
The United States Attorney for the District of Vermont announced that Robert Eldridge, 67, and James Gauthier, 56, both residents of Quebec, appeared yesterday in United States District Court in Burlington following their arrest for possessing marijuana with intent to distribute. U.S. Magistrate Judge John M. Conroy released Eldridge on conditions pending his next hearing, but ordered that Gauthier be temporarily detained until another hearing on Wednesday.
According to the criminal complaint, the defendants were arrested in the evening on April 2 in North Troy, just south of the international boundary. Agents observed Gauthier hiking through the woods south from Canada, then saw him put two duffle bags into a car being driven by Eldridge. Agents detained both defendants, searched the bags and discovered about 30 pounds of marijuana.
The United States Attorney emphasizes that the charge in the complaint is merely an accusation and that the defendants are presumed innocent unless and until they are proven guilty.
If convicted, the defendants face 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.
Eldridge is represented by Brad Stetler and Gauthier by Bob Katims. The prosecutor is Assistant U.S. Attorney Gregory Waples.
New York City Man Sentenced to 21 Months in Prison for Heroin DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on April 3, 2017, Johnathan Goodwin, 22, of Brooklyn, New York, was sentenced to 21 months in federal prison after his guilty plea to charges that he conspired to distribute heroin. U.S. District Court Judge William K. Sessions III also ordered that Goodwin serve three years of supervised release after his prison term.
According to court records, in June of 2016, Goodwin was bringing quantities of heroin and cocaine base from New York City to Vermont via bus in order to distribute those drugs. On June 28, 2016, agents from the Drug Enforcement Agency (DEA) arrested Goodwin and his co-defendant, Annette Dupree, as they exited a bus from New York City in Burlington. From the pair, DEA seized approximately six ounces of heroin and one ounce of cocaine base. Goodwin has been in federal custody since.
For his crime, Goodwin faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Goodwin receive a prison term between 41 and 51 months. The government argued for a sentence within this range. The defense advocated for a more lenient sentence. In determining that a 21-month sentence was appropriate, Judge Sessions considered the severity of the offense, as well as Goodwin’s difficult childhood and relatively minor criminal record, among other factors.
Acting United States Attorney Eugenia Cowles commended the efforts of DEA and the Burlington Police Department for their work in this investigation. Acting United States Attorney Cowles noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Goodwin is represented by Assistant Federal Public Defender David McColgin.
Federal Grand Jury Returns Indictments Against New Jersey Men and Two Vermonters for Drug-Related CrimesRead the Press Release
The Office of the United States Attorney for the District of Vermont and the Vermont State Police announce:
On March 23, 2017, a federal Grand Jury returned Indictments charging Francesco Escribano (34), a.k.a. “Brisco,” of Jersey City, New Jersey, Richard Torruellas (22), a.k.a. “Scoob,” of Jersey City, New Jersey, and Alyssa Grace (20), of Brandon, Vermont, with drug-related crimes. The Indictment alleges that on March 15, 2017, Torruellas and Grace distributed heroin, and that on March 16, 2017, all three defendants possessed both fentanyl and cocaine base with the intent to distribute those controlled substances.
Also on March 23, 2017, the Grand Jury returned a separate Indictment charging Wayne Oddo with being a drug user in possession of firearms.
Today, all four defendants appeared for arraignment before The Honorable John M. Conroy, United States Magistrate Judge. All four pled not guilty to the charges against them. Judge Conroy ordered Escribano detained pending trial at his initial appearance on February 17, 2017. At today’s arraignments, Judge Conroy held hearings on the government motions for pretrial detention of Torruellas, Grace, and Oddo. Judge Conroy ordered all three defendants detained pending trial. As to Grace and Oddo, Judge Conroy expressed a willingness to consider releasing them in the future upon the submission of plans that included drug and mental health treatment regimens.
Law enforcement became aware of Oddo during the on-going investigation into the death of Alexandra Rooker. Preliminary investigation revealed that Rooker was reported missing on March 8, 2017 by family members who had not heard from her since March 2, 2017. Rooker was reportedly last seen by friends on March 3, when she was dropped off by a friend at the residence of Wayne Oddo, located at 1953 Morse Hollow Road in Poultney. Detectives interviewed Oddo in the last several weeks in an attempt to locate Rooker. Oddo told detectives that Rooker had been at his residence but was no longer there. Investigation further revealed that both Rooker and Oddo are heroin users.
As part of an ongoing drug investigation, Vermont Drug Task Force detectives working closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI) obtained a search warrant for Oddo’s residence. On Wednesday, March 14, 2017, Vermont State Police troopers, detectives and FBI agents executed the federal search warrant and discovered the body of Alexandra Rooker. During an interview with law enforcement, Oddo admitted he was a heroin user, and that “Scoob” and “Brisco” are heroin dealers who have stayed at his residence, compensating him with heroin. He also said that “Scoob” and “Brisco” stored proceeds from drug sales at his Poultney residence.
According to Court filings, the Vermont State Police Drug Task Force used an informant to conduct controlled buys of heroin from Escribano (aka Brisco), Torruellas (aka Scoob), and Grace in the Rutland area on March 13 and 15, 2017. On March 16, 2017, law enforcement obtained a search warrant for the Rutland hotel room in which the three defendants were staying. Inside the room, law enforcement located 87 bags of suspected fentanyl, and 5.5 grams of suspected cocaine base. The three defendants were arrested on March 16, 2017 and had their initial appearance before Judge Conroy the following day.
Last week, an autopsy was performed on Rooker at the Office of the Chief Medical Examiner in Burlington. Preliminary autopsy results revealed no signs of trauma; determination of cause and manner of death is pending. Time and date of death is unknown and currently under investigation. This death is being treated as suspicious at this time and possibly related to a drug overdose.
The Indictments charging Oddo, Escribano, Torruellas, and Grace contain accusations only; the defendants are presumed innocent unless and until proven guilty. If convicted, Oddo faces up to 10 years’ imprisonment, and Escribano, Torruellas, and Grace each face up to 20 years’ imprisonment. The actual sentence, in the event of conviction, will be determined by the Court with reference to the advisory Federal Sentencing Guidelines and other statutory sentencing factors.
This investigation is collaborative effort by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation (FBI), and the Bureau of Alcohol Tobacco and Firearms (ATF). Assistant U.S. Attorneys Nate Burris and Joe Perella are handling the prosecution. Oddo is represented by Steven Barth of the Federal Public Defender’s Office. Escribano is represented by Ernest Allen, of Burlington; Torruellas is represented by Bob Behrens, of Burlington; and Grace is represented by Michael Straub, of Burlington.
Burlington Man Charged with Human Trafficking and Possession of a FirearmRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that on March 21, 2017, Naquan Bowie entered a plea of not guilty in District Court in Burlington before Chief United States District Court Judge Christina Reiss to a federal indictment charging him with one count of human trafficking and one count of being a felon in possession of a firearm. Upon the government’s motion for detention, Judge Reiss ordered Bowie temporarily detained pending a detention hearing on March 24. However, on March 23, 2017, the defendant withdrew his opposition to the government’s motion for detention pending trial.
According to the federal grand jury indictment returned March 16, 2017, Bowie trafficked “Victim M.P.” from in or about October 2016 to in or about January 2017, in Vermont, knowing that force, the threat of force, fraud, and coercion would be used to cause Victim M.P. to engage in commercial sex acts. Court documents further indicate that Bowie used heroin and crack cocaine, as well as violence or the threat of violence, to cause M.P. to perform commercial sex acts for Bowie’s financial gain. Bowie is further accused of unlawfully possessing a Jennings .22 caliber pistol following two prior felony convictions involving the sale and possession of cocaine.
If convicted of human trafficking, Bowie faces a statutory mandatory minimum sentence of fifteen years of imprisonment. Bowie faces a maximum sentence of ten years on the gun charge. The actual sentence, however, would be determined by the Court with guidance from the advisory Federal Sentencing Guidelines. The charges in the indictment are merely accusations and the defendant is presumed innocent unless and until he is proven guilty.
Co-defendant Gary Carter is scheduled to be arraigned on felon-in-possession charges on April 10. Carter is not charged with human trafficking.
The United States is represented in this matter by Assistant U.S. Attorney Abigail Averbach. Naquan Bowie is represented by the Office of the Federal Public Defender. The case is currently under investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and the Burlington Police Department.
Vermont Man Sentenced to 24 Months in Prison for Heroin DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on March 22, 2017, Michael Prescott, 52, of Fairfax, Vermont, was sentenced to 24 months in federal prison after his guilty plea to charges that he distributed heroin. U.S. District Court Judge Geoffrey W. Crawford also ordered that Prescott serve three years of supervised release after his prison term.
According to court records, in March of 2016, Prescott was obtaining heroin and cocaine from an out-of-state source and distributing it in Vermont. On March 7, 2016, Prescott sold heroin to a confidential informant working with the Drug Enforcement Administration (DEA). DEA captured the heroin deal on video. Prescott was arrested on July 18, 2016 and has been in federal custody since.
For his crime, Prescott faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Prescott receive a prison term between 24 and 30 months. The government argued for a sentence within this range. The defense advocated for a sentence of time served. In determining that a 24-month sentence was appropriate, Judge Crawford considered the severity of the offense and Prescott’s lengthy criminal record, which includes a 2004 federal felony conviction in the District of Vermont for conspiracy to distribute cocaine.
Acting United States Attorney Eugenia Cowles commended the efforts of DEA for their work in this investigation. Acting United States Attorney Cowles noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Prescott is represented by Federal Public Defender Michael Desautels.
New York Man and Woman Face Federal Charges for Possessing with Intent to Distribute Kilogram of HeroinRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Shawn Alonso, of New York, New York, and Tamara Moody of Queens, New York have both been charged by criminal complaint with possession of 100 grams or more of heroin, with intent to distribute the drug in Chittenden County, Vermont.
According to Court documents, the United States alleges that Alonso and Moody rented a car at LaGuardia Airport on March 17, 2017, and traveled to Chittenden County, VT. At approximately 8:15am on March 18, 2017, Alonso and Moody arrived at a Chittenden County business, with the intent of meeting a person to distribute heroin. As Alonso and Moody arrived at the business, agents of the Drug Enforcement Administration, Essex Police Department, and United States Border Patrol stopped the rental vehicle. As law enforcement removed Alonso from the driver’s seat of the vehicle, a large package of powder fell from Alonso’s pants. A search of Alonso revealed an additional smaller package of suspected controlled substances. The larger package weighed approximately 1.049 kilograms, and field-tested positive for the presence of heroin. The smaller package weighed approximately 170 grams, and was not field-tested. The government alleges that Alonso and Moody possessed with the intent to distribute over 100 grams of heroin, and aided and abetted the same.
Both Alonso and Moody appeared today before Chief United States District Court Judge Christina Reiss in Burlington. Chief Judge Reiss ordered that both Alonso and Moody be held pending a detention hearing, scheduled for Thursday, March 23, 2017.
The United States Attorney emphasizes that the charges contained in the Complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If either Alonso or Moody is convicted, each faces a mandatory minimum sentence of five years, and a maximum possible term of imprisonment of forty years.
The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt. Alonso is represented by Lisa B. Shelkrot, Esq. of Burlington. Moody is represented by Robert S. Behrens, Esq. of Burlington. The investigation was conducted by the Drug Enforcement Administration with assistance from the Colchester Police Department, the Essex Police Department, and the United States Border Patrol.
VSP detectives continue investigation of Rooker death; Wayne Oddo charged with a federal firearms offenseRead the Press Release
The Office of the United States Attorney for the District of Vermont and the Vermont State Police stated:
On March 15, 2017, Wayne Oddo (53), of Poultney, Vermont, was arrested and charged by criminal complaint in the United States District Court for the District of Vermont with being a user of a controlled substance in possession of a firearm, in violation of 18 U.S.C. §922(g)(3). Law enforcement became aware of Oddo during the on-going investigation into the death of Alexandra Rooker. Preliminary investigation revealed that Rooker was reported missing on March 8, 2017 by family members who had not heard from her since March 2, 2017. Rooker was reportedly last seen by friends on March 3, when she was dropped off by a friend at the residence of Wayne Oddo, located at 1953 Morse Hollow Road in Poultney. Detectives interviewed Oddo during the past week in an attempt to locate Rooker. Oddo told detectives that Rooker had been at his residence but was no longer there. Investigation further revealed that both Rooker and Oddo are heroin users.
As part of an ongoing drug investigation, Vermont Drug Task Force detectives working closely with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Federal Bureau of Investigation (FBI) obtained a search warrant for Oddo’s residence. On Wednesday, 3/15/17, Vermont State Police troopers, detectives and FBI agents executed the federal search warrant and discovered the body of Alexandra Rooker.
An autopsy was performed this morning at the Office of the Chief Medical Examiner in Burlington. Preliminary autopsy results revealed no signs of trauma; determination of cause and manner of death is pending. Time and date of death is unknown and currently under investigation. This death is being treated as suspicious at this time and possibly related to a drug overdose.
Oddo had an initial appearance before United States Magistrate Judge John M. Conroy on March 16, 2017. He was detained pending a further hearing on March 24, 2017. At that hearing, Judge Conroy is expected to rule on the government’s motion seeking detention of Oddo pending trial.
The criminal complaint charging Oddo with being a drug user in possession of a firearm is an accusation only; he is presumed innocent unless and until proven guilty. If convicted on the firearms charge, he faces up to 10 years in prison. The actual sentence, in the event of conviction, will be determined by the Court with reference to the advisory Federal Sentencing Guidelines and other statutory sentencing factors.
Detectives with the Crime Scene Search Team continue to process the scene at 1953 Morse Hollow Road in Poultney this afternoon. This investigation is ongoing and anyone with information is asked to contact the Vermont State Police at 802-773-9101. This investigation is a collaborative effort of the Vermont State Police, ATF, and FBI.
Donna Young Sentenced for Bankruptcy MisrepresentationRead the Press Release
The United States Attorney for the District of Vermont announced that Donna Young, 68, of Wilmington, was sentenced today in United States District Court in Burlington following her guilty plea to a charge that she made false statements under penalty of perjury in a bankruptcy case she filed. U.S. District Judge William K. Sessions III placed Young on one year of probation.
On April 13, 2016, a federal grand jury in Rutland returned a three-count false statement indictment against Young. According to the indictment, on two dates in 2013 and a third time in October 2014, Donna Young filed bankruptcy petitions in the U.S. Bankruptcy Court for Vermont. The petitions were fraudulent because they were filed in the name of Donna Young's daughter, Kelli-Ann Young, without Kelli-Ann’s knowledge or consent. According to the indictment, Donna Young forged Kelli-Ann Young’s signature on each of the petitions, which she swore to under penalty of perjury. At the time the petitions were filed, there was a foreclosure and eviction proceeding pending in Vermont state court involving a property in West Dover that Kelli-Ann Young had at one time owned. Donna Young was living in the West Dover house during the foreclosure and the filing of the bankruptcy petitions automatically stayed those eviction proceedings. Young pled guilty last November.
This case was investigated by the Federal Bureau of Investigation.
Young is represented by Federal Public Defender Michael Desautels. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Brandon Woman Sentenced for Medicaid FraudRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Misti Baker, 36, of West Rutland, Vermont, was sentenced on Friday by United States District Court Judge Geoffrey W. Crawford for healthcare fraud. Judge Crawford sentenced Baker to time served plus two years of supervised release and ordered her to pay $77,306.57 in restitution.
According to court records, between 2012 and 2015, Baker defrauded the State of Vermont’s Children’s Personal Care Services (CPCS) program. CPCS, which is jointly funded by federal and Vermont Medicaid dollars, is designed to provide supplemental assistance with self-care and activities of daily living to Medicaid-eligible children with significant disabilities or health conditions. Three of Baker’s children qualified for the CPCS program. Baker signed and submitted approximately 100 time sheets to Aris Solutions, a company that administered the CPCS program, falsely indicating that her three children had received CPCS program care. In fact, despite their eligibility, the children had not received the claimed care. Baker had Aris Solutions send the payment checks for the purported care giver to various addresses and Post Office boxes over which she had access. Baker’s actions resulted in the fraudulent payment of approximately $77,306.57.
This matter was investigated by the Department of Health and Human Services Office of Inspector General, Boston Regional Office, and the Vermont Medicaid Fraud Control Unit.
The United States was represented by Assistant U.S. Attorneys Jonathan A. Ophardt and John J. Boscia. The defendant was represented by Christopher L. Davis, Esq., of Langrock Sperry & Wool LLP.
Hinesburg, Vermont Woman and Brooklyn, New York Man Face Federal Charges for Heroin and Crack Cocaine DistributionRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Deshawn Livingston, 41, of Brooklyn, New York and Brandy LaRock, 33, of Hinesburg, Vermont have been charged by criminal complaint with possession of heroin and crack cocaine with the intent to distribute such drugs in the Hinesburg, Vermont area.
According to Court documents, the United States alleges that LaRock allowed a man named “Biggie” to stay at her Hinesburg residence on Hillview Terrace to sell heroin and crack cocaine. “Biggie” was later identified as Deshawn Livingston. On March 2, 2017, the Vermont State Police Drug Task Force executed a search warrant at LaRock’s residence and found approximately 50 bags of heroin. Livingston was arrested at LaRock’s home and the Government alleges that he possessed approximately 60 grams of crack cocaine and 16 grams of heroin.
Both LaRock and Livingston appeared today before United States District Court Geoffrey W. Crawford in Burlington. The Government moved to detain both defendants pending trial. LaRock consented to detention subject to proposing a release plan in a few weeks that would include her participation in a residential drug treatment program. Livingston contested detention and, upon the Government’s request for a three-day continuance, Judge Crawford ordered that his detention hearing be held on March 8, 2017.
The United States Attorney emphasizes that the charges contained in the Complaint are merely accusations and that the defendants are presumed innocent unless and until they are proven guilty. If either Livingston or LaRock is convicted, each faces a maximum possible term of imprisonment of twenty years.
The United States is represented in this matter by Assistant U.S. Attorney Jon Ophardt. Livingston is represented by David McColgin, Esq. of the Federal Public Defender’s Office and LaRock is represented by Tom Sherrer, Esq. of Burlington. The investigation was conducted by the Vermont State Police Drug Task Force with assistance from the Homeland Security Investigations of the Department of Homeland Security.
Northfield Vermont Man Sentenced to Six Months’ Imprisonment for Possession of Pipe BombRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Mark McCloud, 47, formerly of Northfield, Vermont, was sentenced to six months’ imprisonment by United States District Court Judge Geoffrey W. Crawford for unlawfully possessing explosive devices, that is two pipe bombs. Judge Crawford also sentenced McCloud to one year of supervised release and ordered him to pay a total of $5,000 in restitution to the victims. The defendant faced a maximum possible penalty of ten years in prison and a fine of up to $250,000.
According to court records, on December 9, 2015, McCloud lit an explosive device he was holding in his hand outside his residence at 50 North Street in Northfield. The device exploded. As a result, McCloud lost his left hand. Multiple bystanders were also injured, including his pregnant wife and a juvenile. The pipe bomb was made of copper tubing and explosive powder. According to court records, in executing a search warrant of McCloud’s home, law enforcement officers found several feet of fusing materials commonly known as “quick match” or “instantaneous fuse.”
This matter was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives (“ATF”), the Vermont State Police, and the Northfield Police Department. The United States was represented by Assistant U.S. Attorney Joseph Perella. The defendant was represented by David McColgin, Esq.
David Eisenhart Imprisoned for Central Vermont FraudsRead the Press Release
The United States Attorney for the District of Vermont announced that David Eisenhart, 44, of Barre, was sentenced today in United States District Court in Rutland to one year and one day of imprisonment based upon his guilty plea to a charge that he defrauded a Vermont credit union. United States District Judge Geoffrey Crawford also ordered that Eisenhart serve three years of supervised release following completion of his prison term and pay restitution totaling more than $68,000. The court ordered Eisenhart to surrender to the Bureau of Prisons to begin serving his sentence on April 3.
On December 16, 2015, a federal grand jury in Rutland returned a three-count indictment charging Eisenhart with wire fraud and making false statements in loan applications. Last September, Eisenhart pled guilty to a related charge of bank fraud. According to the indictment, between 2011 and March 31, 2015, Eisenhart was employed as the business manager of Wilkins Harley-Davidson, a motorcycle dealership in Barre. Eisenhart handled all paperwork relating to motorcycle sales. He prepared bills of sale and collected cash, check and credit card deposits from customers buying bikes. According to the indictment, starting in about 2013 and continuing up through March 2015, Eisenhart embezzled more than $15,500 in cash deposits made by Wilkins customers. He then attempted to conceal the thefts by not reporting or underreporting the amount of the deposit in Wilkins' accounting system, and falsifying the dealership copy of the bill of sale to understate the amount of the deposit.
The indictment further alleged that Eisenhart made false statements to the New England Federal Credit Union in connection with his purchases of an SUV and a motorcycle. According to the indictment, in October 2013, Eisenhart bought a used Cadillac Escalade for $47,095. Two months later, he refinanced the purchase through NEFCU and obtained a loan for almost $59,000. He obtained this loan by submitting to NEFCU a falsified invoice which purported to show the purchase price of the Escalade had been $58,777 rather than $47,095. In May 2015, although NEFCU had a lien on the vehicle, Eisenhart sold the Escalade for $26,000 and pocketed all of the proceeds. Eisenhart obtained a clean replacement title for the Escalade under false pretenses, by submitting to the Vermont Department of Motor Vehicles a forged document purportedly showing NEFCU had released its lien on the SUV.
Finally, the indictment accused Eisenhart of fraudulently inducing NEFCU to loan him nearly $12,000 to refinance the purchase of a used BMW motorcycle. Eisenhart had bought the bike for $8000 in July 2014. The next month, he obtained a loan for almost $12,000 from NEFCU. In connection with this refinancing, Eisenhart submitted to NEFCU a falsified bill of sale which asserted the purchase price was $11,983.
This case was investigated by the Barre Police Department and the Vermont Department of Motor Vehicles.
Eisenhart is represented by Mark Kaplan. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Former Montpelier Man Pleads Guilty in Fatal Arson CaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Jonathan Zampieri, age 34, formerly of Montpelier, pleaded guilty today in the United States District Court in Burlington to arson and robbery charges stemming from the fatal arson that occurred in Northfield in December 2015. Zampieri, who has been detained since his arrest in December 2015, appeared before Chief Judge Christina Reiss and pled guilty to arson with death resulting and conspiracy to commit robbery.
As described during the change of plea proceedings, in the fall of 2015, Jonathan Zampieri, Howard Hoisington, Tammy Wilder, Kevin Atwood and Kim Hoisington committed a series of robberies of drug dealers in the Washington County area of Vermont. Three of these robberies involved dousing a person selling drugs with gasoline and threatening them with a lighter to rob them of their drugs and cash. The last of these robberies resulted in a fire that destroyed a building in Northfield and killed innocent bystander Brittany Burt.
Also according to the facts presented in the hearing, at approximately 12:00 a.m., on December 14, 2015, Zampieri, Howard, 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. Zampieri, Howard and Atwood then drove to the apartment of Efren Serrano on Union Street in Northfield, Vermont, from whom they had arranged to purchase crack cocaine. Zampieri, Howard 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, the men pulled out a lighter. The lighter went off, igniting the gasoline vapors and causing the room to burst into flames. Zampieri, Howard 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 and she died on the bedroom floor.
Zampieri faces a potential life sentence on the arson charge and up to twenty years of imprisonment on the robbery charge. Zampieri’s co-defendants, Howard Hoisington, Tammy Wilder, Kimberly Hoisington and Richard Hoisington, are still awaiting trial.
The case was investigated by the Vermont State Police, Vermont Drug Task Force and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Jonathan Zampieri is represented by Robert Katims. The United States is represented by Wendy Fuller.
United States Attorney’s Office for the District of Vermont Announces Hiring of Two New Criminal AttorneysRead the Press Release
United States Attorney Eric Miller announced today that John Boscia and Nate Burris have joined the United States Attorney’s Office for the District of Vermont as Assistant United States Attorneys in the Office’s Criminal Division. Mr. Boscia most recently served for three years as a litigator for the City of Boston Law Department. Mr. Burris, a Vermont native, joins the office after approximately six years prosecuting Boston area crimes with the Middlesex District Attorney’s Office.
For more information on the Department of Justice’s criminal prosecution priorities, please visit www.justice.gov.
Rutland Man Sentenced to 48 Months Imprisonment for Distribution of FentanylRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Donald Perkins, 29, of Rutland, was sentenced to forty-eight month’s imprisonment by United States District Judge J. Garvan Murtha. The term of imprisonment will be followed by a three-year period of supervised release by the U.S. Probation Office. Perkins previously pled guilty to distribution of fentanyl in the Rutland area. The maximum sentence for this offense is twenty year’s imprisonment and a $1,000,000 fine.
According to court records in the spring of 2016 Perkins distributed approximately 88 grams of fentanyl in the Rutland area though Perkins claimed he thought he was only selling heroin. At the time Perkins committed this offense, he was also on federal supervised release for a 2011 conviction for conspiracy to distribute cocaine. Perkins served a sentence of 60-month’s imprisonment for that prior federal conviction. The 48-month sentence imposed by Judge Murtha includes a 12-month consecutive sentence for the supervised release violation.
This case was investigated by the Vermont State Police Drug Task Force, the Federal Bureau of Investigation, and the Drug Enforcement Administration. The United States is represented by Assistant U.S. Attorney Joe Perella and Perkins is represented by Robert Behrens, Esq. of Burlington, Vermont.
United States Attorney Eric Miller Submits His ResignationRead the Press Release
United States Attorney Eric Miller has announced his resignation, effective February 10, 2017. In 2015, Miller was appointed to his position by President Barack Obama on the recommendation of Senator Patrick Leahy and was confirmed unanimously by the United States Senate. Since then, he has led the United States Attorney’s Office for the District of Vermont, which has 45 employees, including 20 attorneys, who enforce all federal criminal and civil laws in the state.
In announcing his departure, Mr. Miller said, “Serving as Vermont’s United States Attorney has been the highest honor of my career, and I am grateful for the trust placed in me by President Obama, Senator Leahy, and the people of Vermont.” Miller praised his colleagues at the United States Attorney’s Office and commended the work they do on behalf of the people of Vermont. “This is an amazing group of lawyers and staff. The single greatest joy of this job has been supporting their skilled advocacy on positions I am passionate about and which also make life better for Vermonters.”
During Miller’s tenure, the United States Attorney’s Office increased its focus on a statewide, collaborative approach to confronting Vermont’s heroin crisis. Through its Vermont Heroin Initiative, the office partnered with federal, state, and local law enforcement agencies, healthcare providers, and non-profits to encourage the most effective mix of prosecution, treatment, and education to stem the flow of opiates into the state. Over the past two years, the United States Attorney’s Office has successfully prosecuted scores of significant heroin trafficking conspiracies. The office prioritized the pursuit of human trafficking charges in association with its drug prosecutions. It also produced an award-winning public service announcement and informational campaign designed to increase public awareness of the danger of human trafficking and to provide trafficking victims and survivors with appropriate services. Miller expressed special thanks to the FBI, DEA, ATF, Vermont State Police, HSI, Border Patrol, Secret Service, USMS, CBP, and all of the other federal, state, local law enforcement agencies working closely with his office and with one another to accomplish their joint mission.
Under Miller’s leadership, the United States Attorney’s Office also expanded its civil rights enforcement program, adding a Civil Rights Outreach Specialist and an Assistant United States Attorney dedicated to identifying, investigating, and remedying federal civil rights violations in Vermont. Together with the office’s Civil Rights Coordinator, they engage in outreach designed to build trust and relationships between the United States Attorney’s Office and the communities it serves.
Islam Hassan, the Imam of the Islamic Society of Vermont, said, “Eric and his colleagues have worked to build bridges between their office and the Islamic Society of Vermont. They have become familiar faces at our mosque, and we deeply appreciate their commitment to building relationships with our community.” Through these efforts and others, the office has established itself as a statewide leader in protecting Vermonters’ civil rights.
Throughout his time in office, Mr. Miller has been a visible presence in Vermont’s communities, championing the criminal justice initiatives promoted by President Obama and Attorney General Loretta Lynch through working groups, panel discussions, speeches, and one-on-one meetings with Vermont’s elected leaders, local police departments, and residents.
Rutland’s Mayor, Christopher Louras, said, “Eric and his office have invested enormous energy in Rutland. They have worked with the City to transform former drug houses into safe, affordable, owner-occupied homes that grow our neighborhoods. And when I announced Rutland’s plans to welcome Syrian refugees to our community, Eric publicly voiced his strong support and committed the resources of his office to protecting all Rutland residents, including the newest among us.”
Summing up his thoughts on the Department he is leaving, Miller said, “Whenever I think about the core mission of this place, I always return to a formulation I first heard from Deputy Attorney General Sally Yates: Although much or our most important work involves prosecuting people who break the law, we are not just the Department of Prosecutions, or even the Department of Public Safety. We are the Department of Justice. And I know the men and women of this office will continue to work every day to deliver on the promise of justice for all Vermonters.”
Miller has not yet determined his future professional plans.
Vermont Man Sentenced to Fifteen Years in Prison for Eight Bank and Other RobberiesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Matthew T. Martin, 32, of Weathersfield, Vermont, was sentenced today to a prison term of fifteen years, followed by five years of supervised release, and $25,514 in restitution. United States District Court Judge J. Gavin Murtha imposed the sentence in District Court in Brattleboro and noted that he rarely sees sentences of this length but that the circumstances of this case warranted such a result.
Martin had previously pleaded guilty to a Superseding Information that consolidated eight separate robberies into a single case. He was sentenced today on each of the robberies to eight separate prison terms of 180 months, each to run concurrently.
As charged in the Superseding Information, on January 28, 2015, Martin robbed a branch of the Windsor County South Credit Union in Springfield Vermont. During the commission of this robbery, Martin indicated to the teller that he had a gun, although he did not display a firearm. Martin stole $2,596 from the Credit Union in this incident.
On February 7, 2015, Martin robbed a Shell gas station in Ludlow, Vermont. During the commission of this robbery, Martin pointed a firearm at the gas station clerk and made off with approximately $200.
On February 17, 2015, Martin robbed a branch of the Citizens Bank in Springfield, Vermont. During the commission of this robbery, Martin again indicated that he had a gun, although he did not display a firearm. During this incident, Martin wore a fake beard to disguise his identity and managed to steal $5,744 from the bank.
On November 11, 2015, Martin robbed the Greater Falls Pharmacy in Bellows Falls, Vermont, pocketing tablets containing Oxycodone and OxyContin. Again, Martin indicated that he had a gun, although he did not display one.
On December 1, 2015, Martin took his crime spree into New Hampshire, committing an armed robbery of a branch of the Mascoma Savings Bank in Charlestown, New Hampshire. During this robbery, Martin displayed a BB gun that resembled a firearm and twice pointed the weapon at the teller. Martin was able to steal $4,700 during this incident.
On December 4, 2015, Martin committed an armed robbery at a branch of the TD Bank North in Loudon, New Hampshire. Again, Martin displayed a BB gun that resembled a firearm. Martin made off with $3,200 as proceeds of this robbery.
On December 14, 2015, Martin committed an armed robbery of a branch of the People’s United Bank in Brattleboro, Vermont. In instructing the teller to give him all of the money in the cash drawer, Martin brandished a BB gun that resembled a firearm and showed the teller a clay “glob” embedded with a cell phone connected to the clay via black wires that he claimed was a bomb. Martin made off with $3,791 from the bank. During this bank robbery, Martin was disguised as a woman.
A week later, on December 21, 2015, Martin committed an armed robbery of a branch of the Heritage Family Credit Union in Ludlow, Vermont. Again, Martin was armed with a BB gun that resembled a firearm, which he pointed at two tellers and a customer. Martin made off with $4,633 as a result.
In late December 2015, Martin surrendered to law enforcement after the U.S. Marshals Service publicly named him a “Fugitive of the Week.”
The collaborative team that investigated the crimes committed by Martin included federal, state, and local law enforcement agents, including agents from the Federal Bureau of Investigation; the U.S. Marshals Service; the Vermont State Police; the New Hampshire State Police; and the police departments of Brattleboro, Springfield, Ludlow, and Bellows Falls.
In addition to the agents that investigated Martin’s crimes, United States Attorney Eric Miller also thanked law enforcement partners at the U.S. Attorney’s Office in New Hampshire; the Windsor County State’s Attorney’s Office; the Windham County State’s Attorney’s Office; the County Attorney’s Office in Sullivan County, New Hampshire; and the County Attorney’s Office in Merrimack County, New Hampshire, for their cooperation and collaboration.
The United States was represented in this matter by Assistant U.S. Attorneys Kunal Pasricha and Abigail Averbach. Matthew Martin was represented by attorney Jordana Levine.
New York Couple Sentenced for H1B Visa Fraud Scheme, Forfeits $1 MillionRead the Press Release
The Office of the United States Attorney for the District of Vermont announced today that Loreto Kudera, age 45, and Hazel Kudera, age 43, a married couple from New York, New York, were each sentenced to two years of probation and a $25,000.00 fine following their convictions in an immigration fraud scheme. The Kuderas previously paid a $1 million forfeiture penalty representing ill-gotten gains from the scheme.
On June 9, 2016, the Kuderas pleaded guilty to charges that they conspired to commit immigration fraud. According to the public record, Hazel Kudera owns several medical staffing agencies in New York specializing in providing nursing professionals to hospitals, outpatient and skilled nursing facilities. She and her husband, Loreto Kudera, then a lawyer at the Law Offices of Barry Silberzweig, in New York, New York, provided false and fraudulent information to the U.S. Citizenship and Immigration Services in St. Albans, Vermont when applying for H1-B visas for foreign nurses.
The H-1B visa program permits an employer to petition on a behalf of a foreign national beneficiary to enter the United States for the specific purpose of working for the employer in a specialty occupation. There are a limited number of H-1B visas available each year, and the purpose of the program is to ensure that these visas go to legitimate beneficiaries to fill specialty positions from a qualified work force. Working as a general RN or LPN is not considered a specialty occupation by the U.S. Citizenship and Immigration Service. Knowing this, Hazel Kudera and Loreto Kudera falsely stated that these foreign nurses, mostly from the Philippines, would be working in specialty occupations at prevailing wage rates when, in fact, they were going to work as LPNs or RNs at much lower rates, mostly at nursing homes. Hazel Kudera and Loreto Kudera profited from this scheme from the filing fees they collected from the beneficiaries as well as from the health care facilities which were paying fees to the medical staffing agencies owned by Hazel Kudera. The Kuderas admitted that they submitted 100 or more fraudulent petitions as part of their scheme. As a result of their convictions, the Kuderas also forfeited $1,000,000 in illegal proceeds to the United States.
Today, Judge J. Garvan Murtha sentenced the Kuderas to each serve two years of probation and to each pay an additional $25,000.00 fine.
The United States Attorney commended the investigative efforts of the United States Department of State, Diplomatic Security Service, the United States Department of Labor Office of Inspector General, Office of Labor Racketeering and Fraud, and the United States Department of Homeland Security, Homeland Security Investigations, in Boston, Massachusetts, who jointly spearheaded the investigation. The United States Attorney also wishes to thank the United States Citizenship and Immigration Service, Security Fraud Division, at the Vermont Service Center in St. Albans, Vermont for their assistance with the investigation.
The United States was represented in the investigation, plea, and forfeiture stages of the case by Assistant U.S. Attorney Heather E. Ross and at sentencing by First Assistant U.S. Attorney Eugenia Cowles. Hazel Kudera is represented by Richard Willstatter of Green & Willstatter, White Plains, New York and Loreto Kudera is represented by Marc Fernich of New York, New York.
Three New Yorkers Sentenced for Credit Card ScamRead the Press Release
The United States Attorney for the District of Vermont announced that three residents of Brooklyn, New York were recently sentenced in United States District Court in Brattleboro following their guilty pleas to charges involving credit card fraud. Today, U.S. District Judge J. Garvan Murtha sentenced Wen Ping Chen, 39, who was the organizer of this conspiracy, to 12 months plus one day of imprisonment. Two lower-level participants in the conspiracy, Kewang Lin, 38, and Shao Qing Chen, 28, were sentenced last week to terms of probation. Wen Ping Chen was ordered to serve three years of supervised release upon completion of his prison term. The three defendants were ordered to pay restitution in the total amount of $25,600. The court ordered that Wen Ping Chen surrender to the Bureau of Prisons on April 4 to begin serving his sentence.
On October 15, 2015, a federal grand jury in Burlington returned a three-count indictment charging Wen Ping Chen with conspiring to commit access device fraud, possessing 15 or more counterfeit access devices, and using counterfeit access devices. In 2014, the grand jury had charged Kewang Lin and Shao Chen with related crimes. The prosecution stemmed from an incident in August 2014 which resulted in the arrests in South Burlington of co-conspirators Shao Chen and Lin.
According to the indictment and court records, between about 2013 and August 22, 2014, Wen Ping Chen recruited Shao Chen, Kewang Lin and other young men and women to commit credit card fraud across the Eastern United States. As part of the conspiracy, Wen Ping Chen recruited young women to obtain waitressing jobs at Chinese restaurants outside New York City. Chen gave his recruits credit card skimming devices which enabled them to steal the credit card numbers of restaurant customers. Chen used the stolen credit card numbers to manufacture counterfeit credit cards. He then recruited young men to travel from New York to other states and use counterfeit credit cards to make purchases, primarily of gift cards. The merchandise acquired through the fraudulent purchases would then be resold on a black market. In August 2014, Wen Ping Chen, Shao Chen and Lin drove from New York to Vermont. Shao Chen and Lin spent two days buying gift cards with counterfeit credit cards provided to them by Wen Ping Chen. On August 22, 2014, Shao Chen and Lin were arrested and later pled guilty in federal court to credit card related crimes. Wen Ping Chen was also arrested in 2014 but was initially released pending further investigation. More than 80 counterfeit credit cards were recovered by South Burlington officers, as well as thousands of dollars of gift cards.
Before being arrested in Vermont, Shao Chen, Lin and other conspirators made shopping trips to Virginia, Ohio, Indiana, Arkansas and Louisiana to buy gift cards with counterfeit credit cards supplied by Wen Ping Chen.
This case was investigated by the South Burlington Police Department, the United States Secret Service, and the Bureau of Immigration and Customs Enforcement.
Wen Ping Chen is represented by Paul Brenner; Shao Chen by Stacey Van Malden; and Kewang Lin by Edgar Fankbonner. The prosecutor is Assistant U.S. Attorney Gregory Waples.
Former Alburgh Selectboard Member and His Wife Sentenced to JailRead the Press Release
The Office of the United States Attorney for the District of Vermont stated today that former Alburgh Selectman, Bernard Savage, and his wife, Patricia Savage, both of Alburgh, were sentenced today in the United States District Court in Burlington. U.S. District Court Judge William K. Sessions III sentenced Bernard Savage, 57, to 15 months in prison, and Patricia Savage, 57, to one month in prison. Bernard was also ordered to forfeit $75,000.00 to the government, required to pay a fine of $5000.00 and will be subject to a three-year term of supervised release upon completion of his sentence. Judge Sessions ordered Patricia to start serving her sentence immediately. The Court ordered Bernard to surrender to the Bureau of Prisons on March 7, 2017, to begin serving his sentence.
According to court documents, in August 2014, the Vermont Drug Task Force began an investigation into Bernard Savage for his involvement in distributing powder cocaine and oxycodone. In connection with that investigation, a confidential informant working with the Task Force participated in seven controlled purchases of either oxycodone or powder cocaine from Bernard and/or his wife Patricia. Bernard’s interactions with the CI were recorded and during one meeting, Bernard made statements such as: “I deal coke, I deal pills, I deal pot. I do all that shit.” “I bet you I’ve pumped out about twenty-five hundred pills in the last two weeks.” “I got pills. I got coke, I got pot. I got everything you want. I’m like a walking drugstore.”
On July 1, 2015, law enforcement executed a search warrant at the Savage residence in Alburgh which recovered, among other things, 103 firearms, cocaine, a variety of opiate pills (oxycodone, morphine, hydrocodone and percocet), marijuana, approximately $20,000 in cash, scales, various cell phones, and the remnants of a meth lab. On September 10, 2015, a grand jury sitting in Burlington indicted Savage with conspiracy to distribute oxycodone and cocaine, five counts of distribution of oxycodone and/or cocaine and a count of being a user of a controlled substance in possession of a firearm. The same grand jury later charged Bernard and Patricia with conspiracy to distribute oxycodone and cocaine, distribution of oxycodone and/or cocaine and possession of a firearm by a user of a controlled substance. On April 25, 2016, Savage entered into a plea agreement with the government in which he agreed to plead guilty to conspiracy to distribute cocaine and oxycodone, and agreed to immediate entry of a preliminary order of forfeiture for a money judgment of $75,000, as property constituting or derived from the proceeds obtained as a result of his drug trafficking.
The case was investigated by the DEA, Vermont Drug Task Force and the FBI.
Bernard Savage is represented by Karen Shingler. Patricia Savage is represented by Norman Blais. The United States is represented by Wendy Fuller.
New York Man Sentenced to 30 Months in Prison for Dealing Heroin and Cocaine BaseRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on January 26, 2017, Shatu H. Gadson, 44, of Queens, New York, was sentenced to 30 months in federal prison after his guilty plea to charges that he distributed heroin and cocaine base. U.S. District Court Judge J. Garvan Murtha also ordered that Gadson serve three years of supervised release after his prison term.
According to court records, in February and March of 2016, law enforcement in Burlington used an informant to make several purchases of cocaine base and heroin from Gadson. On April 1, 2016, agents arrested Gadson in New York City and he was brought to Vermont to face federal drug charges.
For his crimes, Gadson faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Gadson receive a prison term between 21-27 months. Gadson and the government entered into a plea agreement in which the parties agreed that a 30-month prison sentence was appropriate. In determining that a sentence above the applicable Guideline range was correct, Judge Murtha considered, among other factors, Gadson’s serious criminal history which included felony convictions for drug dealing, assault, and manslaughter.
United States Attorney Eric Miller commended the efforts of the Burlington Police Department, the Department of Homeland Security, the Drug Enforcement Agency, the Vermont State Police, and the U.S. Marshals for their coordinated work in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. According to United States Attorney Miller, the United States Attorney’s Office and its law enforcement partners will continue to disrupt the flow of heroin into Vermont and hold drug dealers accountable for their serious crimes against the community.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Gadson is represented by Assistant Federal Public Defender Steven Barth.
New York Man Sentenced to 40 Months in Prison for Heroin DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on January 23, 2017, Kevin Tocker-Rose, 30, of Brooklyn, New York, was sentenced to 40 months in federal prison after his guilty plea to charges that he possessed with the intent to distribute heroin. U.S. District Court Judge William K. Sessions III also ordered that Tocker-Rose serve three years of supervised release after his prison term.
According to court records, Tocker-Rose transported significant quantities of heroin from the New York City area for re-distribution. On May 5, 2016, after an investigation involving the controlled purchases of heroin from Tocker-Rose, the Vermont State Police Drug Task Force and other law enforcement agencies arrested Tocker-Rose in Burlington after he departed a bus from New York City. From his person, law enforcement recovered approximately 30 grams of heroin.
For his crime, Tocker-Rose faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended that Tocker-Rose receive a prison term between 46-57 months. In determining that a more lenient sentence was appropriate, Judge Sessions considered Tocker-Rose’s difficult childhood and strong family support, among other factors.
United States Attorney Eric Miller commended the efforts of the Vermont State Police Drug Task Force, the Drug Enforcement Agency, and the Burlington Police Department for their coordinated work in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. According to United States Attorney Miller, the United States Attorney’s Office and its law enforcement partners will continue to disrupt the flow of heroin into Vermont and hold drug dealers accountable for their serious crimes against the community.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Hutchins is represented by Assistant Federal Public Defender David McColgin.
National Slavery and Human Trafficking Prevention Month - JANUARY 2017Read the Press Release
Through Presidential Proclamation, Barack Obama recognized January 2017 as NATIONAL SLAVERY AND HUMAN TRAFFICKING PREVENTION MONTH. In recognition of this month, the Office of the United States Attorney for the District of Vermont and the Office of the Attorney General for the State of Vermont join together to shine a light on the modern-day slavery known as human trafficking, a crisis facing the nation and Vermont.
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 and emotional harm. Human trafficking is a global, national and local problem. 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.
Vermont’s United States Attorney, Eric Miller, emphasized the link between human trafficking and the heroin scourge in Vermont, stating, “Human trafficking continues to be one of the most dangerous, but least understood, aspects of the heroin trade in Vermont. Drug dealers coerce addicts to perform commercial sex acts for the benefit of the dealers’ illegal organizations, deliberately perpetuating the victims’ addiction in order to exploit them for commercial gain. Trafficking in people compounds the damage that trafficking in heroin has caused our state. Our response to that epidemic must continue to bring the problem of human trafficking out of the shadows, get trafficking survivors the help and services they need, and prosecute the traffickers who prey on some of our most vulnerable Vermonters.”
Vermont’s Attorney General, T.J. Donovan, added, “We have seen, right here in Vermont, how human trafficking destroys lives. The physical and emotional scar survivors carry is immense. The only way to effectively combat this crime and to help those that have been victimized is for us, as a community, to bring this hidden scourge out in the open. As citizens we have a duty to be informed and to take action. That action may be contacting law enforcement with a concern, or reaching out to someone that you suspect may be being exploited. Remaining silent is no longer an option.”
Anyone can be a victim of human trafficking, regardless of race, age, gender, nationality, socio-economic status, or sexual orientation. Trafficking victims are often manipulated via false promises concerning relationships, employment, lifestyle, or drug availability, and victims are lured into situations where they are controlled by the trafficker. Human trafficking does not necessarily occur behind closed doors. In many cases, the trafficker’s control over the victim is so profound that the trafficker can control the victim even when he or she is out in the community, interacting with people on a daily basis.
Perpetrators of human trafficking crimes also come from all walks of life, and they can be family members, acquaintances, or strangers to their victims. They may act alone or as part of an organized effort; their main motive is to make a profit. The damage done by human trafficking is a violation of the victim’s basic human rights.
Vermont’s Human Trafficking Task Force brings together federal, state, and local law enforcement; social services; state agencies; and community based organizations to coordinate efforts to combat this crime and provide help to victims. The Vermont Human Trafficking Task Force continues to prioritize training and awareness for professionals and community members. Anyone interested in such a training or awareness event should contact the Vermont U.S. Attorney’s Office at (802) 951-6725.
To make a report to law enforcement, call The Vermont Human Trafficking Hotline: 1-888-98HUMAN (1-888-984-8626).
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.
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.For more information about human trafficking, please visit https://humantraffickinghotline.org or www.justice.gov/humantrafficking.
Vermont Man Sentenced to 7 Months in Jail and 3 Years of Supervised Release for Heroin DealingRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that, on January 9, 2017, Christopher Calderon-Melendez, 31, of Essex Junction, Vermont, was sentenced to a prison sentence of time served. Calderon-Melendez had served approximately 7 months in jail awaiting disposition of his case. U.S. District Court Judge William K. Sessions III also ordered that Calderon-Melendez serve three years of supervised release after his prison term.
According to court records, between October and December of 2015, law enforcement conducted four controlled purchases of heroin from Calderon-Melendez at various locations in Chittenden County. Calderon-Melendez pled guilty to an indictment charging him for distributing heroin.
For his crime, Calderon-Melendez faced a statutory maximum term of 20 years in prison. The United States Sentencing Guidelines, which are advisory, recommended Calderon-Melendez receive a prison term of between 6 and 12 months. In determining that a 7-month term was appropriate, Judge Sessions considered the severity of the offense, the harm heroin is causing to the community in Vermont, Calderon-Melendez’s relatively minor criminal record, and his history of opioid abuse.
United States Attorney Eric Miller commended the efforts of the Drug Enforcement Administration, the Burlington Police Department, the Essex Police Department, and the other law enforcement agencies that participated in this investigation. United States Attorney Miller noted that this case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. According to United States Attorney Miller, the United States Attorney’s Office and its law enforcement partners will continue to disrupt the flow of heroin into Vermont and hold drug dealers accountable for their serious crimes against the community.
The prosecution is being handled by Assistant U.S. Attorney Timothy C. Doherty, Jr. Calderon-Melendez is represented by Richard Bothfeld.
Phillip Wilson Pleads Guilty in Vermont to Drug and Gun ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont announced that Phillip Wilson, age 36, originally of the Bronx, New York and recently a resident of Chittenden County, Vermont, pled guilty today in federal court in Brattleboro to drug and gun charges arising from his heroin-related drug trafficking activity.
Wilson, who is being detained, appeared before Judge J. Garvan Murtha and pled guilty to a Superseding Information charging him with (1) distributing heroin in Vermont on or about February 23, 2016, (2) possessing heroin with intent to distribute on or about July 6, 2016, and (3) possessing firearms on or about July 6, 2016, in furtherance of a drug trafficking crime.
Under the terms of the proposed plea agreement filed with the Court—acceptance of which was deferred until sentencing proceedings on May 10, 2017 in Brattleboro—Wilson will be sentenced to 7 years in prison if the Court accepts the agreement.
As described during the change of plea proceedings in Court, in February 2016, law enforcement agents became aware that Wilson, who also goes by the aliases “Cody” and “Moscow,” was distributing heroin in Chittenden County, Vermont. Over the next few months, the Vermont Drug Task Force investigated Wilson and made five controlled purchases of heroin from Wilson. Subsequently, the Task Force obtained warrants to search two properties associated with Wilson. During the execution of those warrants on July 6, 2016, agents seized 160 bags of heroin, drug distribution paraphernalia, thousands of dollars in U.S. currency, and three firearms. Wilson has two prior convictions in state court for drug distribution.
The collaborative team investigating Wilson included agents from the Vermont Drug Task Force, the Vermont State Police, the Drug Enforcement Administration, the Federal Bureau of Investigation, and the South Burlington Police Department. This case is part of the U.S. Attorney’s Office’s Vermont Heroin Initiative, which is a coordinated effort by the U.S. Attorney’s Office and federal, state, and local law enforcement agencies to combat heroin distribution in Vermont. United States Attorney Miller again applauded the efforts of the agencies involved in the Heroin Initiative.
The United States is represented in this case by Assistant United States Attorney Kunal Pasricha. Wilson is represented by attorney Mark Oettinger.
Federal Jury in Rutland Convicts Brooklyn New York Man of Conspiracy to Distribute Heroin and Crack Cocaine in Rutland AreaRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Joel Joyce (a.k.a. “Prince”), 27, of Brooklyn, New York was convicted of conspiracy to distribute cocaine base and heroin by a federal jury sitting in Rutland on December 23, 2016. The jury also convicted Joyce of possession with intent to distribute 28 grams or more of cocaine base. The minimum term of imprisonment for these offenses is five years and the maximum term of imprisonment is 40 years. There is also a mandatory four-year term of supervised release which begins after the prison term is served.
According to the evidence presented at trial, Joyce would use co-conspirators from Brooklyn, New York to bring heroin and crack cocaine from Brooklyn to the Rutland, Vermont area. Joyce then used drug addicts in the Rutland area to distribute these drugs and collect his money. The government presented evidence that Joyce and his co-conspirators from New York would often stay at the homes of addicts in Rutland and West Rutland and used these homes as a base of operations in which to operate Joyce’s drug trafficking enterprise. Joyce paid these addicts heroin and crack cocaine for assisting him.
The government also presented evidence at trial showing that Joyce made tens of thousands of dollars selling drugs in the Rutland area. The government presented evidence that Joyce often managed by cell phone the drug trafficking operation in Rutland while he was in Brooklyn, New York.
Sentencing in this matter will likely be scheduled for some time in the spring of 2017 before U.S. District Court Judge Geoffrey Crawford sitting in Rutland.
Vermont’s United States Attorney, Eric Miller, noted that the investigation that led to the arrest and conviction of Joyce was jointly conducted by the Federal Bureau of Investigation, the Drug Enforcement Administration, the Vermont State Police Drug Task Force, and the United States Attorney’s Office. “This conviction is the result of state and federal investigators and prosecutors working hand-in-hand to bring a dangerous drug dealer to justice. Mr. Joyce was a significant source of heroin and crack in the Rutland area, and Vermont’s communities are safer as a result of this successful prosecution.”
The United States is represented in this matter by Assistant U.S. Attorneys Joe Perella and Jon Ophardt. The defendant is represented by David Williams, Esq. of Burlington.