Eastern District of Wisconsin
Press releases recorded for this federal judicial district.
Keshena Man Sentenced to 44 Months in Prison for Robbery on the Menominee ReservationRead the Press Release
United States Attorney James L. Santelle announced that Richard A. James Jr., (age: 23), was sentenced on May 8, 2015, to 44 months of imprisonment, followed by a three year term of supervised release. The sentence was the result of a guilty plea by James on January 26, 2015, to Count One of a federal indictment charging him with one count of robbery of a convenience store and three counts of assault with a dangerous weapon with intent to do bodily harm.
The investigation revealed that on July 29, 2014, James entered Martin’s Hillstop convenience store on the Menominee Reservation, held a store clerk and others at knife point, and demanded liquor and cigarettes. After getting the demanded items, James ran from the store and was confronted by officers. James threatened the officers with the knife and led the officers on a chase down the roadway, halting traffic. Menominee Tribal police officers and Menominee County deputies eventually took James into custody.
This case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
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New London Man Sentenced for Production of Child PornographyRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that on May 11, 2015, Shane M. Sells (age: 38) of New London, Wisconsin, was sentenced by Chief District Judge William C. Griesbach to 180 months imprisonment for production of child pornography in violation of Title 18 United States Code, Section 2251(a). Upon his release Sells will be on federal supervised release for the remainder of his life.
Sells engaged in sexually explicit conduct with minor children for the purpose of producing a video of that conduct, as well as knowingly possessing hundreds of thousands of DVDs each containing countless images of child pornography he had downloaded from the internet.
In pronouncing sentence, Judge Griesbach noted the horrendous nature of Sells’ crime, as well as the lifelong effect that sexual exploitation crimes have on victims. The court dismissed as “rationalization” Sells’ contention that he was unable to control his addiction to child pornography. Judge Griesbach expressed his hope that the 15 year prison sentence followed by a lifetime of supervision would deter others in the community from any involvement in the production or possession of child pornography.
The case was investigated by the Wisconsin Department of Justice, Division of Criminal Investigation and the Shawano County Sheriff’s Department. It was prosecuted by Assistant United States Attorney Daniel R. Humble.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Former Outlaw Motorcycle Gang Member Indicted in Federal Court - Faces Life in PrisonRead the Press Release
United States Attorney James L. Santelle, announced that on May 12, 2015, a grand jury sitting in the Eastern District of Wisconsin returned a second superseding indictment, charging Randy M. Yager, aka “Mad,” 59, originally from Crown Point, Indiana, with Racketeering and Racketeering Conspiracy, in violation of Title 18, United States Code, Section 1962(c) and (d).
The indictment alleges that as a member and regional boss of the Outlaws Motorcycle Club during the 1990s, Yager participated in acts of murder and arson. The eight underlying racketeering acts charge offenses that include three homicides and the use of explosives, all directed at members of rival motorcycle gangs as part of the Outlaws’ efforts to exert and maintain territorial control.
Yager was originally charged with sixteen co-defendants in an indictment that was unsealed on June 10, 1997. At that time, Yager became a fugitive. He remained a fugitive, and one of the United States Marshal’s “most wanted,” until October 2014 when he was arrested in Baja, Mexico, where he was living under an assumed name. The cases of Yager’s co-defendants have long been resolved. If convicted, Yager faces up to life in prison.
The case was investigated by a federal task force headed by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
The case is being prosecuted by Assistant United States Attorneys Carol L. Kraft, Scott J. Campbell and Laura S. Kwaterski.
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Twenty-three Defendants Charged in Heroin Distribution OrganizationRead the Press Release
United States Attorney James L. Santelle announced today that the following twenty-three (23) defendants have been charged in a criminal complaint with drug trafficking offenses related to the distribution of heroin:
Rayford WILLIAMS, age 43
David WILLIAMS, age 45
Mark HAYNIE, age 42
William PHILLIPS, age 51
Margaree CAMPBELL, age 59
George SEALS, age 50
Kendall MCCLURE, age 45
Michael SMITH, age 47
Larry HINES, age 66
Jahir MURPHY, age 26
Brenda NORTH, age 38
Darnell WALKER, age 43
Lionel WATKINS, age 50
Sharon YOUNG, age 50
Yolanda PARKER, age 38
Rashid TALIB, age 51
Antwon CONEY, age 33
Walton WILLIAMS, age 52
Tom HORTON, age 54
Melvin YOUNG, age 53
Alvera GADDIS, age 43
Freddie L. FOSTER, age 42
Pakeeta SKEETS, age 47.All of the defendants except Haynie, Phillips, and Campbell reside in the greater Milwaukee area. Haynie, Phillips and Campbell all reside in Chicago, Illinois.
The defendants are charged with drug offenses including: distribution of and possession with intent to distribute controlled substances and conspiracy. If proven that the offenses involved more than a kilogram of heroin, each defendant will face up to life in prison, with a mandatory minimum sentence of ten years in prison. A number of the defendants charged are believed to be members of the Four Corner Hustlers Street Gang, and all of them operated in either Milwaukee, Wisconsin, or Chicago, Illinois.
Today, law enforcement officers arrested twenty-one of these defendants. Two are still at large, including: Jahir Murphy and Freddie Foster. In addition, law enforcement located and arrested a fugitive in an unrelated case.
In addition to today’s arrests, law enforcement officers executed 10 federal search warrants in Milwaukee, Wisconsin, and one in Chicago, Illinois, targeting members of this organization. Approximately 200 federal and state officers participated in these arrests and searches. Law enforcement recovered approximately ½ ounce of heroin, one pound of marijuana, nine firearms, $2300, two vehicles, and drug paraphernalia.
In making today’s announcement about the federal charges, searches, and defendant arrests, United States Attorney Santelle stated: “These charges are the result of an aggressive, multi-state, coordinated approach to eradicate heroin trafficking organizations from the streets of Milwaukee and across state lines. Anyone who assists these organizations, whether through providing, selling or transporting heroin will be held accountable. Make no mistake, with our partners in law enforcement, my office will use all lawful tools to stem the onslaught of heroin distribution in the Eastern District of Wisconsin.” United States Attorney Santelle specifically commended all of the federal, state, and local law enforcement officers and units involved in the investigation for their hard work and inter-agency cooperation.
The investigating agencies included the U.S. Department of Justice, the Drug Enforcement Administration (DEA), Milwaukee Police Department (MPD), Wisconsin Department of Justice – Division of Criminal Investigation (DCI), the Waukesha County Sheriff’s Department, Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), West Allis Police Department, Wisconsin State Patrol, South Milwaukee Police Department, Chicago Police Department, Wisconsin HIDTA, and Chicago HIDTA. The United States Marshals Service, the Milwaukee County Sheriff’s Office, Oak Creek Police Department, Racine Police Department, Greenfield Police Department, and the Wisconsin Department of Corrections also assisted with the arrests and search warrants.
This case is being prosecuted by Assistant United States Attorneys Gail J. Hoffman and Benjamin W. Proctor.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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Milwaukee Man Indicted on Robbery, Firearms, and Ammunition ChargesRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that on May 5, 2015, a federal grand jury returned a four-count indictment against Justin K. Nalls (age: 27) of Milwaukee, Wisconsin, charging him with robbery, brandishing a firearm during a crime of violence, possession of ammunition by a felon, and possession of a firearm by a felon contrary to Title 18 United States Code, sections 1951(a), 924(c)(1)(A)(ii), and 922(g)(1). If convicted of the robbery offense the defendant faces 20 years imprisonment. The defendant is an armed career criminal under federal law based on three prior violent felony convictions. An armed career criminal convicted of possession of ammunition or possession of a firearm faces a mandatory minimum sentence of 15 years to life on each count. If he is found to have brandished a firearm during the robbery offense, the defendant must receive an additional 7 years imprisonment consecutive to any other sentence.
According to the indictment and other documents filed with the court, the defendant and an accomplice travelled from Milwaukee to northeast Wisconsin under the guise of offering prostitution services to the owner of a Kewaunee business. Upon arrival, the defendant and accomplice proceeded to rob the business owner at gunpoint. A search of the defendant’s residence and vehicle yielded a loaded .44 revolver in the vehicle and 15 rounds of .357 magnum ammunition in a children’s bedroom.
The case was investigated by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, the Wisconsin Department of Justice - Division of Criminal Investigation, the Kewaunee County Sheriff’s Department, the Kewaunee Police Department, and the Kewaunee County District Attorney’s Office. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Milwaukee Man Convicted in Federal Court for Hampton Service Center RobberyRead the Press Release
United States Attorney James L. Santelle announced today that Michael A. Anglin of Milwaukee (age: 24) was convicted in federal court following a four-day trial of: (1) interference with commerce by threats of violence also known as the Hobbs Act, in violation of 18 U.S.C. §1951; (2) discharge of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. §924(c)(1)(A)(iii); (3) conspiracy in violation of 18 U.S.C. §1951; (4) felon in possession of a firearm in violation of 18 U.S.C. §922(g)(1); and (5) felon in possession of ammunition in violation of 18 U.S.C. §922(g)(1).
Anglin’s convictions are based on the December 9, 2013 robbery of Hampton Service Center, an auto repair shop. Two employees were in the store at the time of the robbery. During the course of the trial, one of the employee-victims testified that he was pistol whipped, shot in the abdomen, and the bullet severed his spine. The employee’s injuries resulted in him being hospitalized for two months, and at one point he feared that he would be paralyzed.
Anglin is facing a minimum of ten years’ incarceration based on his 18 U.S.C. 924(c)(1)(A)(iii) conviction. Anglin also faces a maximum of twenty years for the Hobbs Act conviction, twenty year maximum sentence for conspiracy, ten years maximum for felon in possession of a firearm, and a ten year maximum for felon in possession of ammunition. Under federal law, no term of imprisonment can run concurrently to Anglin’s conviction for 18 U.S.C. 924(c)(1)(A)(iii).
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent, habitual criminals who commit armed robbery of businesses involved in interstate commerce.
This case was prosecuted by Assistant United States Attorneys Kelly B. Watzka and Jonathan H. Koenig. The investigation was conducted by the Milwaukee Police Department, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation.
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Former Shell Employee Ordered to Pay over $19 Million in RestitutionRead the Press Release
United States Attorney James L. Santelle announced today that Randy Jones (age: 44) of Houma, Louisiana, a former corrosion coordinator for Shell Pipeline Company L.P. (Shell) was sentenced in federal court to five years of probation and ordered to pay $19,377,785 in restitution.
Previously, Jones pleaded guilty to knowingly failing to conduct required safety test between January and December 2011 and submitting the false data to the Pipeline and Hazardous Material Safety Administration (PHMSA). Jones’ violations were connected to a pipeline owned by Shell that delivered commercial aviation jet fuel to General Mitchell International Airport in Milwaukee, WI. In January 2012, a hole was discovered in the pipeline at Mitchell Airport after jet fuel began showing up in the soil surrounding the airport and Wilson Creek. Approximately 9,000 gallons of jet fuel was released from the pipeline.
This case was investigated by the U.S. Environmental Protection Agency Criminal Investigation Division, U.S. Coast Guard Investigative Service, U.S. Department of Transportation office of Inspector General, and the Federal Bureau of Investigation with assistance from PHMSA. The case was prosecuted by Jennifer A. Whitfield of the Environmental Crimes Section of the Department of Justice and Tracy M. Johnson of the U.S. Attorney’s Office for the Eastern District of Wisconsin.
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Forty Four Defendants Charged in State and Federal CourtRead the Press Release
United States Attorney James L. Santelle announced today that five indictments were unsealed in federal court charging 24 defendants with conspiracy to distribute controlled substances, including heroin, crack cocaine, and cocaine.
Patrick L. YOUNG, age 40
Larry J. GARRETT, age 33
Charlie B. NELSON, age 40
Dai-Cheri RASHADA, age 32
Lamont M DALLAS, age 30
Sebastian O. KING, age 39
Terrance M. JONES, age 35
Marvin C SEAY, age 36
Joel WRIGHT, age 39
Pierre J TYSON, age 42
Bryan I. THOMAS, age 26
Darius L. ALLEN, age 32
Henry T. WADE, age 33
Bernard L. JEDKINS, age 29
Tony GILMORE, age 45
Dionia SCOTT, age 36
Marcus BUTLER, age 31
Shawn TUCKER, age 34
Jondelyn JACKSON, age 26
Myles WASHINGTON, age 26
Lloyd RANDLE, Jr., age 35
Edward TANNER, Jr., age 34
Larry ASHLEY, Jr., age 26
Jerrod PATTERSON, age 28
All the defendants except Randle, Tanner, Ashley, and Patterson are charged with offenses punishable by up to forty years in prison, with a mandatory minimum sentence of five years in prison. Randle, Tanner, Ashley, and Patterson face up to life imprisonment if convicted. Various defendants are also charged with substantive drug distribution counts. The majority of the suspects arrested were members of the Gangster Disciple Street Gang and all of them operated in Kenosha and Racine Counties.
Yesterday, law enforcement officers arrested twelve of these defendants. Five were already in custody. Seven are still at large, including: Larry Garrett, Lamont Dallas,Marcus Butler, Bernard Jedkins, Jerrod Patterson, Lloyd Randle, and Jondelyn Jackson.
In addition, 12 defendants were charged by the Kenosha County District Attorney’s Office with narcotics offenses. Law enforcement arrested four of those defendants; eight are still at large. Law enforcement also arrested eight other individuals on outstanding state warrants or related narcotics charges.
In addition to yesterday’s arrests, law enforcement executed 12 federal search warrants in the Kenosha and Racine areas targeting members of this organization. Four state search warrants were also obtained and executed. Law enforcement recovered approximately 800 grams of crack cocaine, 676 grams of heroin, 227 marijuana plants, 120 pounds of marijuana, and 3.5 grams of hash oil. In addition, there were a total of 25 firearms seized, a CS grenade, and a police scanner.
In making today’s announcement about the federal charges, property searches and seizures, and defendant arrests, United States Attorney Santelle stated: “Following a targeted, focused, and resource-intensive investigation of a violent street gang operating in the Kenosha and Racine areas, most of its many members are now apprehended and brought to justice—ending an extensive criminal operation that compromised the safety and the well-being of our community. The charges in the indictments against them describe a conspiracy to possess and distribute significant amounts of heroin, cocaine powder, and crack cocaine—along with their illegal possession of firearms that underscores the destructive nature of their criminal conduct.” Santelle commended all of the federal, state, and local law enforcement officers and units involved in the investigation. “Through a highly integrated and thoroughly collaborative law enforcement effort, these investigators and agents have made our streets and neighborhoods more secure, and the prosecutions—undertaken by my office in partnership with that of the Kenosha County District Attorney will accomplish the end of this long-time criminal enterprise.”
Kenosha County District Attorney Robert Zapf stated: “I have been around law enforcement and prosecution for the past 40 years and I can honestly say that this operation was one of the most successful (in terms of arrests) and best coordinated federal, state, and local drug investigations and takedowns that I can remember.”
“‘This organization, nicknamed ‘The Firm,’ has been entrenched in the Kenosha area for years dealing heroin and other drugs; however, that reign ended yesterday with charges against more than 40 drug traffickers, thanks to the outstanding and remarkable cooperation among the DEA and its Wisconsin law enforcement partners,” said Dennis A. Wichern, Special Agent in Charge of the U.S. Drug Enforcement Administration Chicago Field Division, which includes Wisconsin. Wichern also praised the dedication and teamwork of the agents, officers and prosecutors who worked tirelessly to dismantle this drug trafficking organization.
Chief John Morrissey of the Kenosha Police Department stated “I know that sometimes citizens get frustrated and think that we are not working drug investigations to the level they need to be. However, they are a priority for our department and our city. This type of operation takes a lot of work and cooperation between many agencies. We understand that at all levels of law enforcement we are dealing with the same issues, same problems and same people. We appreciate the assistance from all the state and federal partners. This operation is a worthy example of everyone working together and combining our resources to deal with these issues.”
“The multiple arrests in Kenosha are another prime example of the importance of our local and federal law enforcement partnerships,” said Robert J. Shields Jr., special agent in charge, FBI Milwaukee. “I commend the efforts of our Southeast Wisconsin Regional Gang Task Force, they have been very effective in getting violent offenders off the streets and into custody.”
Kenosha Sheriff David Beth stated that he is “proud that the Kenosha Sheriff’s Department’s Drug Operations Group (KDOG) partnered with the other law enforcement agencies in the successful and safe apprehension of more than 40 drug traffickers. Today the citizens of Kenosha County have a safer community thanks to the excellent work of all these fine law enforcement officers. The Kenosha Sheriff’s Department stands ready to combat illegal drug activity with all of our resources.”
The investigating agencies included the U.S. Department of Justice, Drug Enforcement Administration and Federal Bureau of Investigation, Kenosha Police Department, Kenosha County Sheriff’s Office, Oak Creek Police Department, Racine Police Department, the Racine County Sheriff’s Office and the Ozaukee County Sheriff’s Office. The United States Marshal Service and the Wisconsin Department of Justice, Division of Criminal Investigation, also assisted with the arrests and search warrants.
These cases are being prosecuted federally by Assistant U.S. Attorneys Mario Gonzales and Margaret Honrath.
An indictment is merely the formal method of charging an individual and does not constitute inference of his or her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.
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Six Milwaukee Men Sentenced for Multiple Armed Robberies Including Shooting of Store ClerkRead the Press Release
United States Attorney James L. Santelle announced today that six Milwaukee men who were identified as being members of the “Open Door” robbery crew have been sentenced in federal court. Daunte Nichols (age: 21) was convicted of two counts of armed robbery affecting interstate commerce pursuant to the Hobbs Act, two counts of robbery of a financial institution, and one count of armed robbery of a financial institution. Nichols was also convicted of discharge of a firearm during a crime of violence in connection with his shooting of the store clerk during the armed robbery of a Citgo gas station on December 16, 2013. Nichols was sentenced to the ten-year mandatory term of imprisonment for discharge of a firearm during a crime of violence and 100 months’ imprisonment for the remaining armed robbery and robbery counts to be served consecutively to the ten-year mandatory term, for a total term of imprisonment of 220 months or 18 years and four months.
Marques Davis (age: 19), Montiez Vaughn (age: 19), and Joey James-Roby (age: 18) were convicted of one count of armed robbery affecting interstate commerce pursuant to the Hobbs Act, one count of armed robbery of a financial institution, and one count of brandishing a firearm during a crime of violence. James-Roby was sentenced to a term of imprisonment of 84 months and Davis and Vaughn were sentenced to a term of imprisonment of 70 months. Naquan Moore (age: 20) was convicted of two counts of armed robbery of a financial institution and one count of brandishing of a firearm during a crime of violence and was sentenced to a term of imprisonment of 108 months. Christopher Jones (age: 18) was convicted of two counts of robbery of a financial institution and one count of armed robbery of a financial institution and was sentenced to a term of imprisonment of 72 months.
This matter was investigated by the Federal Bureau of Investigation, the West Allis Police Department, the Milwaukee Police Department, the Milwaukee Area Violent Crimes Task Force, the Brown Deer Police Department, the Bayside Police Department and the Cudahy Police Department. The investigation revealed that members of the “Open Door” robbery crew committed at least 20 robberies, including multiple armed robberies, in the Milwaukee metropolitan area from December of 2013 until May of 2014. In addition to those members of the robbery crew prosecuted federally, four individuals are being prosecuted by the Milwaukee County District Attorney’s Office and their cases are currently pending.
The Hobbs Act, passed by Congress in 1946, provides federal jurisdiction for cases involving violent, habitual criminals who commit armed robbery of businesses involved in interstate commerce. The U.S. Attorney’s Office and the District Attorney’s Office collaborate together to ensure that violent offenders are effectively prosecuted, making our communities safer for all.
These cases were prosecuted by Assistant United States Attorneys Margaret B. Honrath and Laura S. Kwaterski.
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Man Sentenced to 48 Months in Prison for AssaultRead the Press Release
United States Attorney James L. Santelle announced that Scott C. Rettler, (age: 45) of Neopit, WI located on the Menominee Indian Reservation, was sentenced on April 20, 2015, to 48 months of imprisonment, followed by a three year term of supervised release. The sentence was the result of a guilty plea by Rettler on January 26, 2015, to a federal information charging him with assaulting his girlfriend, which resulted in substantial bodily injury to the victim.
The investigation revealed that on October 14, 2014, Rettler assaulted his girlfriend, with a hammer at a residence on the Menominee Indian Reservation.
This case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
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Newport News Man Sentenced for Using Internet to Prostitute a MinorRead the Press Release
Conducted his criminal activities out of several local motels
NORFOLK, Va. – Antuane Keyone Armstrong, 35, of Newport News, was sentenced yesterday to 125 months in prison, followed by 3 years of supervised release for three counts of use of an interstate facility for unlawful activity.
Dana J. Boente, U.S. Attorney for the Eastern District of Virginia; and John S. Adams, Special Agent in Charge of the Federal Bureau of Investigation’s Norfolk Field Office, made the announcement after sentencing by Senior U.S. District Judge Robert G. Doumar.
Armstrong pled guilty on November 13, 2014. According to court documents, from April 2014 to about June 25, 2014, Armstrong posted advertisements on-line for his business enterprise involving the illegal prostitution of several women, including a sixteen-year-old minor. Armstrong conducted his criminal activities out of several local motels and was arrested in Norfolk on June 25, 2014, as a result of a surveillance operation.
This case arose out of prostitution investigations conducted by the Newport News, Norfolk, and Virginia Beach Police Departments. The FBI’s Norfolk Field Office handled the investigation subsequent to its initiation by the respective police departments. Assistant United States Attorney Randy Stoker prosecuted the case on behalf of the United States.
A copy of this press release may be found on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information may be found on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:14cr124.
Antigo Man Sentenced to 45 Years in Federal Prison for Production of Child PornographyRead the Press Release
United States Attorney James L. Santelle announced today that Thomas A. Gervais (age: 45) of Antigo, Wisconsin, was sentenced yesterday to 45 years imprisonment by United States District Judge William C. Griesbach. Judge Griesbach also ordered a lifetime term of supervised release. The sentence followed his guilty plea to two counts of production of child pornography. The counts charged that he used and coerced two minor females to engage in sexually explicit conduct for the purpose of producing a visual depiction of the conduct.
According to the complaint and other court documents, in July 2014, law enforcement agents arrested a subject, who lived out of state, on charges involving the sexual exploitation of minors. The subject told law enforcement agents that he communicated with other child pornography producers and traded child pornography with them. Subsequent investigation revealed that Thomas Gervais was one of those producing and trading child pornography with the subject. On October 10, 2014, a federal search warrant was executed at the residence of Thomas Gervais, located in Antigo, Wisconsin. Gervais was arrested and agents recovered additional evidence supporting Gervais’ sexual assault and exploitation of two minor females over the course of several years.
This case was prosecuted in federal court as part of “Project Safe Childhood,” the Department of Justice’s nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children using the internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
The case was investigated by the Federal Bureau of Investigation, the Antigo Police Department, Langlade County Sheriff’s Department and the Langlade County District Attorney’s Office. The case was prosecuted by Assistant United States Attorney William Roach.
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Milwaukee Man Pleads Guilty to Receipt of Child PornographyRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced today that Jeffrey Feldman (age: 48), of Milwaukee, Wisconsin, pled guilty today to an indictment charging him with one count of receipt of child pornography.
According to the plea agreement, in January of 2013, Federal Bureau of Investigation special agents detected Feldman sharing files containing child pornography over the Internet via a peer-2-peer network. Based in part on this information, law enforcement agents obtained a search warrant for Feldman’s residence, where they recovered numerous encrypted computers and electronic storage devices. Subsequent decryption and forensic analysis of those devices revealed that Feldman had knowingly received thousands of child pornography image and video files via the Internet, including the files charged in the indictment.
Sentencing is scheduled for July 10, 2015, before United States District Court Judge Lynn S. Adelman of the Eastern District of Wisconsin. At the conclusion of today’s hearing, the defendant was remanded into federal custody.
In announcing today’s plea, United States Attorney Santelle stated: “The plea entered today by Jeffrey Feldman is a reflection not only of his acknowledgment of guilt for his receipt of substantial amounts of child pornography but also of the focused and effective work of investigators and prosecutors in bringing him to justice. In partnership with the Federal Bureau of Investigation and the Criminal Division of the United States Department of Justice, our office remains committed to this high priority mission - that is, identifying and stopping people who prey on our children, victimizing them, their families, and the communities in which we all live and work.”
The case was investigated by the FBI and prosecuted by Assistant United States Attorney Karine Moreno-Taxman of the Eastern District of Wisconsin and Trial Attorney Jeffrey Zeeman of the Criminal Division’s Child Exploitation and Obscenity Section.
This criminal prosecution is a part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the United States Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, investigate, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue the victims of their criminal conduct. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Man Sentenced to 65 Months in Prison for Sexual Assault on Menominee ReservationRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that Avery A. Gomeyosh, (age: 36), of Green Bay, Wisconsin, was sentenced on February 16, 2015, to 65 months of imprisonment, followed by a 10 year term of supervised release. The sentence was the result of a guilty plea by Gomeyosh on October 21, 2014, to a federal indictment charging him with the aggravated sexual abuse of an adult female who was at the time incapable of appraising the nature of the conduct and physically incapable of declining participation in that sexual act
The investigation revealed that on May 31, 2014, Gomeyosh sexually assaulted an adult female, who was asleep at the time of the assault, at a residence on the Menominee Indian Reservation. Law enforcement officials interviewed Gomeyosh and he admitted that he sexually assaulted the victim.
This case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
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Keshena Man Sentenced to 121 Months in Prison for Sexual AssaultRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin, announced that Michael P. Cantrell Sr., (age: 46), of Keshena, Wisconsin located on the Menominee Indian Reservation, was sentenced on March 27, 2015, to 121 months of imprisonment, followed by a 15 year term of supervised release. The sentence was the result of a guilty plea by Cantrell on December 2, 2014, to aggravated sexual abuse of an adult female by force.
The investigation revealed that on April 24, 2014, Cantrell, used force to sexually assault a female, at a residence on the Menominee Indian Reservation. Law enforcement officials interviewed Cantrell and he admitted that he sexually assaulted the victim.
This case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
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Green Bay Man Pleads Guilty to Sexual Exploitation of a ChildRead the Press Release
James L. Santelle, United States Attorney for the Eastern District of Wisconsin announced that on March 23, 2015, Joseph J. Valdez (age: 29) of Green Bay, Wisconsin, appeared in federal court in Green Bay and pleaded guilty to a single count of sexual exploitation of a child in violation of Title 18, United States Code, Section 2251(a).
Valdez used his smart phone to entice, persuade, and coerce scores of underage girls to send him sexually explicit photographs of themselves under the pretense that he was a “modelling agent.” Valdez used text messaging applications and the messenger service “Kik” to contact hundreds of underage girls, some as young as nine years old. After receiving sexually explicit photographs of the underage girls, Valdez would oftentimes blackmail the victims into sending increasingly graphic images under the threat of forwarding the sexually explicit images already in his possession to the girls’ parents, friends, and school administrators. Several victims threatened suicide in response. Victims included underage girls from several counties in northeast Wisconsin, as well as girls from across the United States.
The charge to which Valdez pleaded guilty carries a mandatory minimum sentence of 15 years and a maximum of 30 years imprisonment, a $250,000 fine, and between 5 years and a lifetime of supervised release. Valdez is scheduled to be sentenced on June 22, 2015. He remains incarcerated pending that hearing.
The case was investigated by the Seymour Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Daniel R. Humble.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Milwaukee Woman Indicted for Aiding and Assisting in the Filing of False Federal Income Tax ReturnsRead the Press Release
United States Attorney James L. Santelle for the Eastern District of Wisconsin, announced that on March 10, 2015, a federal grand jury returned a five-count indictment against Tina M. Gentry (age: 47) of Milwaukee, Wisconsin, charging her with filing false claims against the United States for tax refunds in violation of Title 18, United States Code, Section 287. If convicted of these offenses, Gentry faces a sentence of up to 5 years imprisonment, a $250,000 fine, and up to three years of supervised release on each of the five counts.
According to the indictment, Gentry assisted individuals in falsely obtaining federal income tax refunds from the Internal Revenue Service. To obtain the refunds, Gentry prepared tax returns claiming false and fraudulent federal taxable income and federal income tax withheld, when she knew that none of the individuals she prepared returns for had federal taxable income or federal income tax withheld. In total, Gentry caused approximately 112 federal income tax returns to be filed with the Internal Revenue Service, falsely claiming federal income tax refunds of more than $90,000.
The case was investigated by Internal Revenue Service Criminal Investigation. The case is being prosecuted by Assistant United States Attorney Lisa Wesley.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Former UW-Oshkosh Student Pleads Guilty in Federal Court to Possession of RicinRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that Kyle Allen Smith (Age: 21) of Oshkosh has entered a guilty plea to possession of ricin in violation of Title 18, United States Code, Section 175(b). At sentencing Smith faces a maximum of 10 years’ imprisonment and fine of $250,000.
According to the plea agreement Smith admitted growing castor bean plants and extracting ricin from the beans. A substance found in Smith’s residence was sent to the Department of Homeland Security, National Bioforensics Analysis Center at Fort Detrick, Maryland, and tested positive for the toxin ricin. Ricin is a toxin that infects human cells and blocks their ability to synthesize their own protein. Small doses of ricin may be lethal to human beings if ingested, inhaled, or injected. Symptoms of ricin poisoning can include difficulty breathing, nausea, vomiting, and diarrhea, with possible death occurring within 36 to 72 hours. According to information posted on the website of the Centers for Disease Control and Prevention (“CDC”), there are no known antidotes for ricin poisoning.
Smith admitted having homicidal thoughts and that his homicidal thoughts might have sparked his curiosity about the production of ricin. He stated he would not use or test the ricin on any human because too many people knew what he was doing and would turn him in.
Smith was arrested on October 31, 2014, after two professors at the University of Wisconsin at Oshkosh reported to campus authorities that Smith was making unusual inquiries about chemical processes, including extracting ribosomal inhibiting proteins. United States Attorney Santelle praises the actions of the professors and the university administration in bringing Smith to the prompt attention of law enforcement authorities. It is a perfect example of “See something, say something,” which guides the required vigilance of our times. Mr. Santelle also thanks the Wisconsin National Guard, 54th Civil Support Team, for the critical assistance they provided in the safe recovery of the ricin.
The case was investigated by the Oshkosh Police Department and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Paul L. Kanter.
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Three Appleton Men Indicted on Methamphetamine Distribution and Firearm ChargesRead the Press Release
United States Attorney James L. Santelle for the Eastern District of Wisconsin, announced that on March 10, 2015, a federal grand jury returned a three-count indictment against Kham Meng Vang a/k/a “K” (age: 32), Sa Xiong a/k/a “Fat Boy” (age: 24), and Bee Vang a/k/a “Skinny”(age: 23) of Appleton, Wisconsin, charging all three with conspiracy to distribute 500 grams or more of methamphetamine in violation of Title 21, United States Code, Section 846 and, further, charging Kham Meng Vang and Sa Xiong with possession of a firearm in furtherance of a drug crime. If convicted of the drug offense, each defendant faces a sentence of between ten years and life imprisonment, a ten million dollar fine, and between five years and a lifetime of supervised release. Conviction on the firearm offense carries a mandatory consecutive term of five years imprisonment.
According to the indictment, the defendants conspired amongst themselves and with others to sell over 500 grams of methamphetamine in the Fox Valley region. Kham Meng Vang and Sa Xiong are alleged to have done so while in possession of semi-automatic weapons.
The case was investigated by the Wisconsin Department of Justice, Division of Criminal Investigation, the Lake Winnebago Area Metropolitan Enforcement Group, the Appleton Police Department, the Fox Valley Metro Police Department, the Kaukauna Police Department, the Town of Menasha Police Department, the Menasha Police Department, the Neenah Police Department, the Oshkosh Police Department, the Calumet County Sheriff’s Department, and the Winnebago County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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Neenah Dentist Pleads Guilty to Two Counts of Failing to Pay Income TaxRead the Press Release
United States Attorney James L. Santelle for the Eastern District of Wisconsin announced that on March 6, 2015, Eugene Darkow (age 58) of Neenah, Wisconsin appeared in federal court in Green Bay and pleaded guilty to two counts of willfully failing to pay his federal income taxes.
Darkow, who operates a dental practice in Neenah, filed tax returns for the years 2008 - 2011 on which he reported more than $1 million in income and owing more than $275,000 in taxes. Darkow, however, failed to pay more than $200,000 of these taxes. In fact, during the years 1998 - 2012, Darkow has failed to pay approximately $450,000 in federal income taxes.
The charges to which Darkow pleaded guilty each carry a maximum possible penalty of up to one year in prison and a fine of up to $250,000. Darkow is scheduled to be sentenced on June 1, 2015. He was released on bond pending his sentencing.
This case was investigated by the Internal Revenue Service Criminal Investigation. The case was prosecuted by Assistant United States Attorney Matthew L. Jacobs.
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Menominee County Man Indicted for Sex Offender Registry ViolationRead the Press Release
United States Attorney James L. Santelle for the Eastern District of Wisconsin, announced that on March 10, 2015, a federal grand jury returned a single count indictment against William A. Julius (age: 53) of Menominee County, Wisconsin, charging him with failure to update his registration as a sex offender pursuant to Title 18, United States Code, §2250(a). If convicted of this offense, the defendant faces a sentence of up to 10 years imprisonment, a two hundred and fifty thousand dollar fine, and between five years and a lifetime of supervised release.
According to the indictment, Julius failed to comply with the requirements of the Sex Offender Registration and Notification Act which requires registered sex offenders to maintain information as to their current place of residency.
The case was investigated by the United States Marshal’s Service. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
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650 Attendees Registered for Statewide Anti-Human Trafficking ConferenceRead the Press Release
On February 23, 2015, James L. Santelle, United States Attorney for the Eastern District of Wisconsin announced that more than 650 people have registered for “Not for Sale”: Wisconsin’s Response to Human Trafficking conference that will take place February 24-25, 2015, at the Crowne Plaza Hotel in Milwaukee, WI. Attendees include representatives from law enforcement, non-governmental organizations (NGOs), social service agencies, and medical professionals. The conference is designed to serve as an educational platform for professionals and skilled volunteers working in the area of human trafficking.
The conference will showcase both local and national experts in sex and labor trafficking. A sampling of the national presenters include: Ms. Rachel Lloyd founder of Girls Educational and Mentoring Services (GEMS) of New York; Prof. Bridgette Carr of the University of Michigan Law School, Human Trafficking Clinic; Attorney Katherine Kaufka Walts of Loyola University Chicago, Center for the Human Rights of Children; and Prof. Celia Williamson, University of Toledo, Human Trafficking and Social Justice Institute. The conference will also include presentations by Wisconsin advocates, law enforcement officers and prosecutors.
International trafficking will be discussed by special invited guests from the Office of the Attorney General for Mexico and the Collective Against Trafficking, an organization of 15 Mexican NGOs. Nelly Montealegre Diaz, Special Prosecutor in Charge of Crimes of Violence Against Women and Trafficking together with Mónica Elizabeth Salazar, Director of the Collective Against Trafficking will address the topic of U.S. and Mexican law enforcement working together to combat cross-border trafficking of children.
The conference is sponsored by the City of Milwaukee Health Department-Office of Violence Prevention, Federal Bureau of Investigation, Homeland Security Investigations, Human Trafficking Task Force of Greater Milwaukee, Milwaukee County District Attorney’s Office, Milwaukee Police Department, National Immigrant Justice Center, Sheboygan Police Department, UMOS, Inc. – Latina Resource Center, United States Attorney’s Office, Eastern and Western Districts of Wisconsin, and the Wisconsin Department of Justice.
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Federal Judge Sentences Sheboygan Sex and Heroin Trafficker to 25 Years ImprisonmentRead the Press Release
United States Attorney James L. Santelle announced today that United States District Court Judge Rudolph T. Randa sentenced Milwaukee native and former Sheboygan resident Jason Guidry (age: 33) to 25 years imprisonment following Guidry’s conviction on three sex-trafficking counts and one count of possession with the intent to distribute heroin. The sex-trafficking counts involved three separate females.
Evidence introduced at Guidry’s sentencing showed that he controlled his group of victimized females by addicting them to heroin and then further induced their prostitution by manipulating and threatening to manipulate his supply of heroin to them. As part of its presentation to Judge Randa, the United States presented expert testimony from Dr. Selahattin Kurter, who is one of a few number of Wisconsin medical doctors board certified in Addiction Medicine. Dr. Kurter testified about the addictive properties of heroin, its long-term effects on the brain, the onset of heroin withdrawal, and the coercive power of the drug on those addicted to it. In his sentencing comments, Judge Randa expressly recited Dr. Kurter’s statement that “heroin is the scourge of our nation.”
In making the public announcement of the criminal judgment imposed on Guidry, United States Attorney Santelle stated: “The sentence imposed on this defendant by Judge Randa is not only appropriate under all the facts and circumstances of this case but also sends yet another message to our community that human trafficking—and the terrible victimization that is at its core—will be answered decisively and significantly by our system of criminal justice. Mr. Guidry’s conduct was especially pernicious in that he used a highly addictive and often deadly drug to manipulate these victims into selling their bodies in the horrific sex trade business.” Santelle noted that this was the first federal conviction of a defendant in Wisconsin who used an addictive drug to control the trafficking activities of his victims.
Santelle stated further: “The investigation and prosecution of human trafficking cases in Eastern Wisconsin is among the highest priorities of my office, and, along with our equally committed federal, state, local, and Tribal law enforcement partners, we will continue to pursue the perpetrators of this heinous conduct with all of the resources available to us.” He commended specifically the detectives of the Sheboygan Police Department who were principally responsible for the investigative work upon which this prosecution, expertly handled by Assistant United States Attorney Joseph R. Wall, was premised.
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Vice President Biden and Attorney General Holder Honor Retired Lieutenant Brian Murphy and Officer Sam Lenda of the Oak Creek Police Department with the Medal of ValorRead the Press Release
WASHINGTON - Vice President Joe Biden and United States Attorney General Eric Holder today awarded the Public Safety Officer Medal of Valor to Retired Lieutenant Brian Murphy and Officer Sam Lenda of the Oak Creek Police Department, both outstanding law enforcement officers who, along with others locally and nationally, exhibited exceptional courage in protecting others, saving lives, and promoting the safety and the security of our communities—all above and beyond the call of duty.
Lieutenant Murphy and Officer Lenda received this important award for their valiant and selfless efforts during the hate crimes-prompted shootings at the Sikh Temple of Wisconsin on Sunday, August 5, 2012. Responding to numerous calls about a violent disturbance at the Gurdwara, Lieutenant Murphy first saw two fatally injured victims and the suspect running out of the place of worship. When Lieutenant Murphy drew his weapon, the suspect fired at him, hitting him in his throat, his hand, and his legs. Shortly thereafter, when Officer Lenda arrived on the scene, he began shooting at, striking, and partially disabling the shooter, who then crawled out of sight and took his own life.
Unaware of whether there were additional people perpetrating the violence, Officer Lenda then drove to the location of the shot and determined that the shooter was dead. He then sent other, responding officers of the Oak Creek Police Department to the location of Lieutenant Murphy, who, though seriously wounded, waved them off and directed them to assist and support members of the congregations in and around the Gurdwara.
After the initial shooting, the investigation of it, led by the Federal Bureau of Investigation and supported by many other law enforcement agencies, units, and offices, revealed that the shooter had entered the Temple and fired at least six rounds in the kitchen-pantry area, where many women and children were hiding. He then fled the building and into the adjacent parking lot, as Lieutenant Murphy was arriving on the scene. Approximately six minutes passed from the time of the first call until Officer Lenda incapacitated the shooter. Six revered members of the congregation died in this tragic event, and several others were injured. The courageous actions of both Lieutenant Murphy and Officer Lenda unmistakably prevented further injury and helped to save many lives.
In making the announcement of today’s special recognition, United States Attorney for the Eastern District of Wisconsin James L. Santelle commented: “In early August of 2014, on the second anniversary of the hate crimes violence at the Sikh Gurdwara in Oak Creek, our community gathered to recognize the supreme heroism and stellar law enforcement professionalism of Lieutenant Brian Murphy and Officer Savan “Sam” Lenda, both of the Oak Creek Police Department, by conferring on them the Attorney General’s Law Enforcement Congressional Badges of Bravery. In the 30 months since their selfless actions saved lives among the Sikh Congregation and confirmed for the world the commitment of all law enforcement to peace, understanding, engagement, and diversity, we continue to benefit from their service and its legacy—along with the critically important involvement of many other local, state, and federal officers who promote daily our safety and security. All of us in the Eastern District of Wisconsin join the Vice President and the Attorney General in again commending Brian and Sam and all of their colleagues for their valor.
Santelle continued: “In the wake of the most serious, life-sacrificing civil rights-related hate crime since the Sixteenth Street Baptist Church Bombing of September of 1963, we acknowledge today and always the abiding life, spirit, vision, and mission of our Sikh colleagues here in Eastern Wisconsin and across our nation. In the midst of this tragedy and in the 900 days that have passed since then, our Sikh colleagues have been steadfast in their courage, their industry, their service, and their partnership with people of all faiths and heritages in promoting the very best of what America is and always will be.”
In specific reference to the Medal of Valor recipients, Attorney General Holder added: “These are all exceptional individuals. Every one of them deserves our deepest gratitude and boundless respect. Yet even among the outstanding field of public servants who perform these critical responsibilities, day in and day out – in communities across the country – there are some who stand out. And today, with these prestigious medals, we recognize these exceptional few for extraordinary valor – above and beyond the call of duty.”
The Public Safety Officer Medal of Valor, authorized by the Public Safety Officer Medal of Valor Act of 2001, is the highest national award for valor presented to a public safety officer. The medal is awarded to public safety officers who have exhibited exceptional courage, regardless of personal safety, in the attempt to save or protect human life. Including today’s awardees, a total of 95 medals have been presented since the first recipients were honored in 2003.
The Medal of Valor is awarded by the President of the United States, or his designee, to public safety officers cited by the Attorney General. Public safety officers are nominated by the chiefs or directors of their employing agencies and recommended by the Medal of Valor Review Board. The Attorney General has designated the United States Department of Justice’s Office of Justice Programs (OJP) to serve as the federal point of contact for the Public Safety Medal of Valor.
More information about the award, the Medal of Valor Review Board members, and the nomination process is available at www.ojp.usdoj.gov/medalofvalor.
Green Bay Man Indicted on Sexual Exploitation of a Child and Pornography ChargesRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin, announced that on January 20, 2015, a federal grand jury returned a four-count indictment against Joseph J. Valdez (age: 29) of Green Bay, Wisconsin, charging him with three counts of sexual exploitation of a child in violation of Title 18 United States Code Section 2251(a) and a single count of possession of child pornography in violation of Title 18 United States Code Section 2252A (a)(5)(B). If convicted of the exploitation offenses, as to each count the defendant faces a sentence of between fifteen and thirty years imprisonment, a $250,000, and between five years and a lifetime of supervised release. Conviction on the possession offense carries penalties of up to ten years imprisonment, a $250,000 fine, and between five years and a lifetime of supervised release.
The indictment alleges that Valdez knowingly coerced underage females to engage in sexually explicit conduct for the purpose of producing a visual depiction of that conduct, as well as knowingly possessing numerous images of child pornography.
The case was investigated by the Seymour Police Department and the Federal Bureau of Investigation. It is being prosecuted by Assistant United States Attorney Daniel R. Humble.This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Medical College of Wisconsin, Inc. Pays $840,000 to Settle Alleged False Claims for NeurosurgeriesRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that the Medical College of Wisconsin, Inc. (MCW) has paid the federal government $840,000 to resolve allegations that it violated the False Claims Act. MCW is alleged to have knowingly billed federal healthcare programs for neurosurgeries involving residents who did not receive the required level of supervision from teaching physicians.
MCW is a medical school in Milwaukee, Wisconsin, that employs teaching physicians who provide medical care to patients and supervise residents. The civil settlement resolves a lawsuit filed under the qui tam—or whistleblower—provisions of the False Claims Act, which allows private citizens with knowledge of fraud to bring a civil action on behalf the United States and share in any recovery. As part of the resolution, the whistleblower will receive a share of the settlement.
The qui tam complaint alleged that MCW submitted false claims to the Medicare and TRICARE programs for teaching physicians’ services in performing neurosurgeries involving residents. If a resident helps perform a surgery, Medicare will pay for a teaching physician’s services only if he was present for the surgery’s key parts and either remained immediately available throughout the surgery or else arranged for a back-up surgeon to be available. MCW allegedly billed for teaching physicians’ services even though they were responsible for multiple overlapping surgeries and did not satisfy those supervision requirements. The settlement resolves certain claims submitted between April 16, 2006, and March 31, 2013. MCW denied the allegations.
“The settlement we are announcing today reflects the focused, sustained, and purposeful efforts of the Justice Department, together with our partnered federal agencies, to investigate and redress fraud in our health care system,” said Mr. Santelle. “Under the authority of the False Claims Act, we are aggressive yet even-handed in pursuing health care fraud to ensure that taxpayer dollars are spent lawfully and that federal monies that should not have been paid are returned with an appropriate penalty.”
Mr. Santelle specially commended the Federal Bureau of Investigation and the Offices of the Inspectors General for the Department of Health and Human Services and the Department of Defense for the investigative efforts that led to today’s settlement. The case was handled by Assistant United States Attorney Matthew D. Krueger.
United States Attorney Announces Federal Civil Rights Review of the Dontre Hamilton MatterRead the Press Release
This morning, the Milwaukee County District Attorney announced his decision, based on his review of the relevant facts and the applicable state law, not to initiate criminal charges against Milwaukee Police Officer Christopher Manney in connection with the death of Mr. Dontre Hamilton in Milwaukee, Wisconsin, on April 30, 2014.
The United States Department of Justice will undertake a federal review of this case to determine if, under federal civil rights law, there is a basis, both legal and factual, upon which a federal civil rights prosecution may be premised. This review will be conducted by the Federal Bureau of Investigation, the Office of the United States Attorney for the Eastern District of Wisconsin, and the Civil Rights Division.
New London Man Indicted for Production and Possession of Child PornographyRead the Press Release
United States Attorney James L. Santelle, for the Eastern District of Wisconsin, announced that on December 16, 2014, a federal grand jury returned a two-count indictment against Shane M. Sells (age: 38) of New London, Wisconsin, charging him with one count of production of child pornography in violation of 18 United States Code Section 2251 (a) and one count of possession of child pornography in violation of 18 United States Code Section 2252A (a)(5)(B).
If convicted of the production offense, Sells faces a sentence of between fifteen and thirty years imprisonment, a $250,000 fine, and between five years and a lifetime of supervised release. If he is convicted on the possession offense Sells faces up to ten years imprisonment, a $250,000 fine, and between five years and a lifetime of supervised release.
According to the indictment, Sells engaged in sexually explicit conduct with a minor child for the purpose of producing a recorded visual depiction of that conduct, as well as knowingly possessing multiple images of child pornography.
The case was investigated by the Wisconsin Department of Justice, Division of Criminal Investigation and the Shawano County Sheriff’s Department. The case is being prosecuted by Assistant United States Attorney Daniel R. Humble.This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006, by the U.S. Department of Justice. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
An indictment is only a charge and not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Milwaukee Man Sentenced to 6 Years in Prison for Unemployment Insurance Fraud and identity TheftRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced that, on December 16, 2014, Calvin V. Sanders (52) of Milwaukee, Wisconsin was sentenced in the United States District Court to a total of 76 months imprisonment for his involvement in an unemployment insurance fraud scheme and aggravated identity theft.
In addition to Sanders, four other individuals were convicted of participating in the scheme to defraud by obtaining unemployment insurance benefits through mail and wire fraud. Sanders’ co-conspirators, Travis Arrington (29), Ebony Bates (36), Nicole Porter (39) and Jacob Shaw-Downey (25), received sentences ranging from time served to 10 months imprisonment. Arrington, Bates, and Shaw Downey are Milwaukee residents, and Porter is a resident of Gary, Indiana. In the course of the scheme, the conspirators obtained a total of $357,420 in unemployment insurance benefits from the Wisconsin Department of Workforce Development. The court ordered that $357,420 in restitution be paid by the defendants jointly and severally.
Unemployment insurance benefits are provided by the federal and state government to individuals who have suffered involuntary job loss. According to information disclosed in court, Sanders created several fictitious companies for the purpose of defrauding the government of unemployment insurance benefits. Many accounts were created using the unlawfully obtained names and Social Security Numbers of unsuspecting individuals who were then registered as employees of the fictitious companies for the purpose of receiving unemployment insurance benefits despite the fact that no work was ever performed. In some instances, accounts were created in the names of individuals who knowingly participated in the scheme to defraud the government. A number of the identity theft victims resided in a rehabilitation center located in Gary, Indiana, where co-conspirator Nicole Porter was employed as certified nursing assistant.
In announcing these sentences, United States Attorney Santelle said: “The criminal conduct of these defendants, acting both individually and collectively, defrauded the government of significant amounts of money intended for the legitimate benefit of citizens who have lost employment involuntarily. The sentences imposed on them reflect the serious nature of the fraud and the purposeful victimization of individuals and government programs.” Santelle specifically commended the agents and staff of the United States Department of Labor, the United States Postal Inspection Service, the Wisconsin Department of Justice, and the Wisconsin Department of Workforce Development for their “purposeful, comprehensive, and effective identification and investigation of these defendants, resulting in their criminal convictions and the sentences imposed on them this week.”
“The prosecutions illustrate the Office of Inspector General’s commitment to combating unemployment insurance fraud. We would like to thank the Wisconsin Department of Workforce Development for their support in identifying the unemployment insurance fraud and their investigative partnership in ensuring the accountability and integrity of the program,” stated James Vanderberg, Special Agent-in-Charge of the United States Department of Labor’s Office of Inspector General, Office of Labor Racketeering and Fraud Investigations in Chicago.
The case was investigated by the United States Department of Labor in collaboration with the Wisconsin Department of Justice – Division of Criminal Investigation, the Wisconsin Department of Workforce Development, and the United States Postal Inspection Service. The case was prosecuted by Assistant United States Attorney Tracy M. Johnson.
Ten Defendants Charged with Unlawfully Using over 3,800 Credit Card NumbersRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced that a federal grand jury recently returned a 33-count indictment charging ten defendants with various credit card fraud and identity theft offenses, including a conspiracy to use stolen credit card information to make over $1.7 million in fraudulent transactions.
The defendants are identified as Ashley Dover (age: 24), Danny Jones (age: 33), Cornelius Mitchell (age: 40), Henry Jackson (age: 54), Kevin Wright (age: 40), Anthony Turner (age: 48), Kevin Ware (age: 51), Alonzo Gray (age: 49), Tyree Williams (age: 22), and Earl Rawls (age: 39). Mitchell, Wright, Turner and Gray reside in Milwaukee. Jones, Williams and Rawls live in Chicago, Illinois. Jackson resides in Minneapolis, Minnesota. Ware lives in Houston, Texas. Dover resides in Kentucky.
The last of the defendants charged in the indictment was arrested last week in Chicago, which prompted the unsealing of the case and this announcement of the charges against all defendants.
According to the indictment, the coconspirators obtained and distributed over 3,800 stolen credit card numbers, as well as the names and other identifying information that were associated with those credit card accounts. The defendants would then use the stolen credit card information to purchase tickets primarily to sporting and entertainment events throughout the United States. The defendants and those under their direction and control would then “scalp” the tickets that they purchased fraudulently outside of a variety of sporting and entertainment venues.
The venue outside of which the defendants sold tickets obtained with stolen credit card information included Miller Park, the Bradley Center, the Rave Eagles Club, the Marcus Center, the Pabst Theater, the Riverside Theater, Camp Randall Stadium, the Resch Center, and Lambeau Field. They also sold tickets obtained with stolen credit card information in other states, including in Illinois, Minnesota, Michigan, California, Missouri, Utah, Nebraska, Florida, Texas and Maine. The defendants additionally used the stolen credit card information to fund their travel.
All of the defendants face a maximum of 7.5 years in prison, a $250,000 fine, and up to 3 years of supervised release if convicted of the conspiracy, as charged in Count One of the indictment.
Additionally, defendants Mitchell, Wright, Turner, Ware and Gray face an additional maximum of 10 years in prison, a $250,000 fine, and up to 3 years of supervised release for each count of access device fraud, as charged in Counts Two and Three of the indictment. Defendants Mitchell, Jones, Dover, Jackson, Ware, and Williams also were charged for aggravated identity theft in Counts Four through Thirty-Three, which carry a mandatory minimum of 2 years in prison, as well as up to a $250,000 fine and 1 year of supervised release.In announcing this indictment, United States Attorney Santelle stated: “As this significant, multi-defendant case reflects, the Justice Department here in Eastern Wisconsin and nationwide continues its acutely targeted work in addressing the terrible economic consequences of identity theft on behalf of its many victims and the community at large. People and organizations that engage in financial crimes of this sort will not only be prevented from profiting further from it but will also face serious incarceration and monetary penalties.” Santelle commended the focused, productive investigative work of both the United States Secret Service, including especially its Financial Crimes Task Force and the Milwaukee Police Department in pursuing and completing effectively this long-term criminal investigation.
"This investigation is a fine example of alert police work where asking the next question can lead to the uncovering of more serious crimes and proves there's no such thing as a routine call for service,” stated Milwaukee Police Chief Edward Flynn.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilty beyond a reasonable doubt.
CEO of Real Money Sports, Inc. Charged with Fraud, Racketeering, and ExtortionRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that Fort Lauderdale-area resident Adam H. Meyer (age: 42), the President and Chief Executive Officer of Real Money Sports, Inc., has been indicted on federal fraud, racketeering, extortion, and gun charges by a federal grand jury in Milwaukee, Wisconsin. According to the six-count indictment, which was unsealed earlier today, Real Money Sports is a “tout service” through which Meyer advises customers on which teams to bet on in National Football League, Major League Baseball, National Basketball Association, and National Collegiate Athletic Association games. He allegedly sells those picks for fees that sometimes run into the hundreds of thousands of dollars.
According to the indictment, Meyer promoted Real Money Sports by identifying himself as the “sports consultant to the stars” and by claiming to have an “unheard of win percentage” that was attributable to his employing a team of more than 130 experts, including former professional players and coaches. Meyer referred some of his tout-service customers to people and entities whom he falsely claimed were third-party bookmakers who could accept bets on sporting events. The purported third-party bookmakers were actually people working on behalf of Meyer.
One of Meyer’s tout service customers, identified in the indictment as “Victim A,” began purchasing picks from Meyer in 2007 and later was referred by Meyer to a party whom Meyer falsely claimed was an independent bookmaker. When Victim A eventually reduced his gambling activity, Meyer told him that they both were in danger. More specifically, Meyer falsely told Victim A that a bookie was threatening Meyer’s life over a large gambling debt. Meyer also falsely claimed that the bookie was holding Victim A and Meyer equally responsible for the debt.
According to the indictment, Meyer falsely told Victim A that a person named “Kent Wong” was attempting to collect the debt. “Kent Wong” actually was an alter-ego created by Meyer. Over the course of several years, Meyer—sometimes posing as Wong—repeatedly called Victim A to demand more money. In response to those demands, which often entailed threats that Victim A’s family would be harmed if he did not pay, Victim A transferred millions of dollars into bank accounts as directed by Meyer, who, in turn, used the money for his own personal purposes.
According to the charges in the indictment, in early 2012, after Victim A had refused to provide him with any further funds, Meyer arranged to meet with Victim A. Meyer set the meeting up under the false pretense that he was going to repay Victim A some portion of the millions of dollars in previous transfers.
According to the indictment, on April 16, 2012, Meyer and an associate flew from Florida to Fond du Lac, Wisconsin, for the meeting with Victim A. During the meeting, Meyer’s associate brandished a firearm and demanded that Victim A send Meyer more money to pay off a purported gambling debt. In response to that threat, Victim A agreed to pay Meyer $9.8 million and, over the course of the next week, wired that amount into accounts controlled by Meyer and Meyer’s agents. In total, between January 2009 and February 2013, Meyer and his associates obtained more than $25 million from Victim A.
Based on the conduct described above, the indictment charges three counts of wire fraud (Counts One through Three), one count of extortion (Count Four), one count of interstate travel in aid of a racketeering enterprise (Count Five), and one count of brandishing a firearm during and in relation to a crime of violence (Count Six). The three wire fraud counts, the extortion count, and the interstate travel in aid of racketeering count each carry a maximum penalty of 20 years of imprisonment, and the gun count carries a maximum term of life imprisonment. Each count also carries a maximum fine of $250,000.
In announcing the unsealing of the indictment, United States Attorney Santelle commented: “Conduct of the serious type and broad extent described in the indictment is not only violative of federal law prohibiting racketeering, extortion, and other violent behaviors but also trades on the sound, favorable image and positive public association with national sports entities and sporting events. It has been and remains the commitment of the United States Department of Justice to identify, investigate, and prosecute offense conduct of this sort thoroughly, exactingly, and effectively.” Santelle specifically commended the “outstanding efforts of Assistant United States Attorney James P. Loonam from the Office of United States Attorney for the Eastern District of New York, and the stellar investigative focus and work of the United States Postal Inspection Service, the Broward County Sheriff’s Office, and the New York City Police Department in bringing this defendant’s illegal activities to a close.”
Philip R. Bartlett, the Inspector-in-Charge of the New York Office of the U.S. Postal Inspection Service, said, “Mr. Meyer preyed on his victims with threats and intimidation, extorting funds to support a lavish lifestyle. Postal Inspectors and their law enforcement partners put an end to his racketeering reign of terror.”
This case is being prosecuted by First Assistant United States Attorney Gregory J. Haanstad.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Milwaukee-Area Attorney Charged in Federal Court with Defrauding Financial Institutions and Clients,Money Laundering, and Filing a False Tax ReturnRead the Press Release
United States Attorney James L. Santelle for the Eastern District of Wisconsin announced that, yesterday, a federal grand jury returned a 33-count indictment charging Sarah E.K. Laux a/k/a “Sarah Kitzke” (age 35) of Mequon, Wisconsin, with two counts of bank fraud, nine counts of wire fraud, one count of mail fraud, 20 counts of money laundering, and one count of filing a false tax return. If convicted of bank fraud, Laux faces a maximum penalty of up to 30 years’ imprisonment, a $1 million fine, and 5 years on supervised release. If convicted of mail fraud or wire fraud, Laux faces a maximum penalty of up to 20 years’ imprisonment, a $250,000 fine, and 3 years on supervised release.
The indictment charges Laux with defrauding four different clients to whom Laux provided trust and estates advice and to whose funds Laux gained access through her solo-practice law firm. According to the indictment, Laux defrauded those clients out of more than $2.2 million in funds that Laux then converted to her own use.Specifically, the indictment alleges that, between 2010 and 2012, Laux engaged in a scheme to defraud Carleen Vogel Guenther and her family’s corporation, Eilcar Corporation, by gaining access to their money and then, through misrepresentations and false pretenses, converting more than $1.6 million of their money to her own use. The indictment alleges that Laux used that money to buy residential real property and an insurance business and to pay Laux’s personal bills and bills of Laux’s law firm, Laux Law, LLC.
The indictment alleges that Laux also defrauded Associated Bank, N.A., and its subsidiary Associated Trust, N.A., which served as trustee of a trust of which Carleen Guenther was a beneficiary, by falsely representing to those financial institutions that Carleen Guenther needed a distribution from the trust to buy a condominium in a retirement home; causing those financial institutions to distribute the $450,000 for that purpose; and then converting the $450,000 to her own use. The indictment further alleges that Laux then prepared falsified documents and presented those falsified documents, and made false statements, to Associated Trust and Associated Bank to conceal that Laux had fraudulently converted the $450,000 in distributions from the trust to Laux’s own use.
The indictment also alleges that, during 2013, Laux defrauded two other estate-planning clients, a husband and wife, by embezzling approximately $584,000 of their investment monies after having promised to use their money to buy annuities.
The indictment further alleges that Laux engaged in money laundering transactions using proceeds of these fraud schemes and that Laux also filed a materially false and fraudulent personal income tax return for tax year 2010 on behalf of herself and her husband. According to the indictment, Laux falsely stated that her and her husband’s income for 2010 was $104,249, when in fact the amount was in excess of that amount.
According to United States Attorney Santelle: “The Department of Justice places a high priority on prosecuting financial crimes suspected to have been committed by persons who occupy positions of trust, such as attorneys, who abuse their clients’ trust to commit their offenses. This is especially so when the victims of the suspected offense are vulnerable because of age or infirmity and have relied upon their attorney to faithfully protect their financial interests and well being- only to have that trust exploited and abused." Santelle specifically commended the Internal Revenue Service and the Federal Bureau of Investigation for their highly professional and comprehensive investigation of this case.
Special Agent in Charge Shea Jones of the IRS Criminal Investigation St. Paul Field Office further stated: “Attorneys, and especially estate-planning attorneys, hold positions of trust in the eyes of their clients. Attorneys who embezzle their clients’ money breach that trust. IRS Criminal Investigation takes such allegations of attorney embezzlements very seriously and is committed to thoroughly investigating those attorneys who are suspected to have so victimized their clients.”The United States is also seeking forfeiture of residential property located in Mequon, Wisconsin, and two businesses – Lasting Legacy, LLC and Family Foundation, LLC – that Laux allegedly purchased with proceeds of her alleged fraud schemes, as well as the remaining proceeds of those alleged schemes.
The case is being investigated by Special Agents of the IRS Criminal Investigation and the Federal Bureau of Investigation. Assistant United States Attorney Scott J. Campbell is prosecuting the case.
An indictment is merely the formal method of charging an individual and does not create an inference of her guilt. An individual is presumed innocent until such time, if ever, that the government establishes his or her guilt beyond a reasonable doubt.Antigo Man Sentenced for Federal Drug CrimeRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin, announced that John M. Hunter (age: 36) of Antigo, Wisconsin, was sentenced to 30 months in federal prison by Chief United States District Court Judge William C. Griesbach. Hunter had previously pled guilty to a single count of conspiracy to distribute controlled substances in violation of Title 21 United States Code, Sections 846 and 841(b)(1)(B), and Title 18 United States Code, Section 2.
Hunter was responsible for the distribution of over 50 kilograms of marijuana and over 1,500 grams of cocaine in the Langlade County area and in southeastern Wisconsin between May 2009 and August 2011. Hunter’s drug distribution network included numerous employees of the Merrill and Antigo School Districts, many of whom were charged in state court for drug related crimes.
In pronouncing sentence Chief Judge Griesbach noted the serious nature of the offense, the effect that Hunter’s actions had on his community, and the scourge that illegal drugs present to society. In addition to his prison sentence, Hunter was placed on 48 months of supervised release.
This case was investigated by the Langlade and Marathon County Sheriffs’ Departments. This case was prosecuted by Assistant United States Attorney Daniel R. Humble.
United States Attorney Announces Financial Recoveries of over $14 Million in Eastern Wisconsin and over $24 Billion Nationwide on Behalf of United States TaxpayersRead the Press Release
United States Attorney James L. Santelle today announced that, in Fiscal Year 2014 (October 1, 2013, through September 30, 2014), the Eastern District of Wisconsin Office collected $14,054,999.07 in criminal and civil collections and in asset forfeiture actions. This amount includes $2,530,748.94 in criminal cases, $4,581,800.13 in civil matters, and $6,942,450.00 in forfeiture proceedings.
Santelle announced further that, in its partnered work with other United States Attorneys’ Offices and litigating components of the United States Department of Justice, the Office of the United States Attorney in Eastern Wisconsin collected an additional $731,108.81. Of this amount, $16,492.71 was collected in criminal actions, and $714,616.64 was collected in civil actions. The combined, total financial recovery of more than $14 million is more than twice the annual budget for the operation of the entire office in Eastern Wisconsin.
Today’s announcement of total financial recoveries in Eastern Wisconsin follows the related announcement by Attorney General Eric H. Holder, Jr. that, in this same time period—that is, Fiscal Year 2014—the Department as a whole collected $24.7 billion in civil and criminal actions. The more than $24 billion in collections in FY 2014 represents nearly eight and a half times the appropriated $2.91 billion budget for the 94 United States Attorneys’ Offices nationwide and the Washington-based litigating divisions for Fiscal Year 2014.“Every day, the Justice Department’s federal prosecutors and trial attorneys work hard to protect our citizens, to safeguard precious taxpayer resources, and to provide a valuable return on investment to the American people,” said Attorney General Holder. “Their diligent efforts are enabling us to achieve justice and recoup losses in virtually every sector of the U.S. economy. And this result shows the fruits of the Justice Department’s tireless work in enforcing federal laws; in protecting the American people from violent crime, national security threats, discrimination, exploitation, and abuse; and in holding financial institutions accountable for their roles in causing the 2008 financial crisis.”
Joining the Attorney General in these significant announcements, Santelle commented: “I am proud of the highly professional, dedicated, and productive work of my staff—including all of our criminal and civil attorneys and our equally stellar professional support personnel—who are collectively responsible for bringing into the coffers of the United States Treasury these significant sums on behalf of our constituents—the people of the Eastern District of Wisconsin. In our daily efforts to enforce the many civil and the criminal judgments entered in favor of the United States of America, we are aggressive yet even-handed, purposeful yet fair, and creative yet balanced in meeting one of our principal missions—that is, collecting monies due and owing to the federal government.”
The Offices of the United States Attorneys, along with the Department’s litigating divisions, are responsible for enforcing and collecting civil and criminal debts that are owed to the United States and that are due to victims of various types of financial crimes. Federal law contemplates that defendants convicted of crimes pay restitution to those victims who have suffered physical injuries or financial losses. While restitution is paid directly to the victims, criminal fines and related assessments are paid to the United States Department of Justice’s Crime Victims Fund, which, in turn, distributes monies to state victim compensation and victim assistance programs. Similarly, forfeited assets—the product of joint work with federal, state, and local law enforcement offices and units—are deposited into the Department’s Justice Assets Forfeiture Fund, from which they are used to restore monies to crime victims and to support a variety of equally beneficial law enforcement missions and goals.
Santelle explained further: “As in past years, our affirmative civil docket continues to generate significant sums of money which we recover in pursuing fraud and other types of misconduct in the administration of federal dollars; these sums also include fines and penalties imposed on individuals and corporations for their proven violations of federal health care, safety, civil rights, environmental, education, and other program-type laws.” These civil monetary obligations are enforced by the Office of the United States Attorney on behalf of many federal agencies—including but not limited to the United States Department of Agriculture, the United States Department of Education, the United States Department of Health & Human Services, the United States Department of the Treasury (including the Internal Revenue Service), and the United States Small Business Administration.Santelle concluded: “In their focused and effective invocation of federal civil and criminal mechanisms and administrative processes, the staff of our Financial Litigation Unit, the staff of our Asset Forfeiture Unit, and our industrious colleagues in the many federal agencies that we represent collaboratively recover and return significant amounts of money on behalf of the people of this district. Our enforcement actions not only promote the rule of law and serve the ends of justice but also confirm that investment in and support of the mission and the purpose of United States Attorneys’ Offices is sound and beneficial.”
For further information about the information and commentary in this release, please contact Public Information Officer Dean Puschnig, Office of the United States Attorney, at (414) 297-1700, or at [email protected].
Keshena man Sentenced to 108 Months in Prison for Sexual Abuse of a ChildRead the Press Release
United States Attorney James L. Santelle announced that Wendell J. Martin, (age: 59), of Keshena, Wisconsin located on the Menominee Indian Reservation, was sentenced on October 24, 2014, to 108 months of imprisonment, followed by a life-time term of supervised release. The sentence was the result of a guilty plea by Martin on August 8, 2014, to count one of a two-count federal indictment charging him with sexually abusing a minor child incapable of declining participation.
The investigation revealed that on March 7, 2014, Martin, sexually abused a 13-year-old female, who was asleep at the time, at a residence on the Menominee Indian Reservation. Law enforcement officials interviewed Martin and he admitted that he sexually assaulted the victim.
This case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
Leader of Green Bay Timeshare Resale Scam That Targeted the Elderly Sentenced to Federal PrisonRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin, announced that Mark S. Parks (age: 40) of Denmark, Wisconsin, was sentenced to 108 months in federal prison by Chief United States District Court Judge William C. Griesbach. Parks had previously pled guilty to a single count of conspiracy to commit mail and wire fraud and was also subject to an enhanced penalty under the “Senior Citizens Against Marketing Scams” or SCAMS Act for his role in operating a telemarketing fraud that targeted individuals over the age of 55 years old.
Parks was indicted last year along with seven others for his role in operating a fraudulent timeshare resale scheme located in Green Bay, Wisconsin, which resulted in over three thousand victims in all fifty states and Canada being defrauded of approximately $2.5 million. The scheme spanned from April 2007 to April 2011, and operated under several different business entities, including: Integrated Advertising Solutions, National Timeshare Resales, Administrative Timeshare Resales, and Midwest Timeshares. Despite the execution of a federal search warrant in April 2011, evidence showed Parks continued to operate under the name Time4Cash, LLC out of an office in Appleton, Wisconsin, until his arrest in July 2013. The court found that Parks was a leader in the conspiracy, and had worked in numerous timeshare resale scams since 2001.
Evidence showed that timeshare owners, most of them elderly, were contacted by telemarketers and told that “interested buyers” were prepared to purchase their timeshares in exchange for upfront fees ranging from a few hundred dollars to a few thousand dollars. After handing over their payment information, victims received a one page contract which informed them that they were merely paying for “advertising” on the company’s website. Telemarketers determined the fee amount based solely on the vulnerability and susceptibility of the victims to their deceitful sales pitch. Victims that contacted the companies seeking a refund or inquiring about the status of the sale of their timeshare were repeatedly told lies or given excuses designed to keep them from contacting their financial institution and stopping payment to the fraudulent entities. Many of the victims, desperate to unburden themselves of yearly maintenance fees charged by their timeshare resort, had fallen victim to similar schemes in the past.
In pronouncing sentence Chief Judge Griesbach noted the high number of victims, their level of vulnerability, and the millions of dollars in loss suffered as a result of the defendant’s fraud. The judge described Parks’ fraudulent acts as “deliberate and sophisticated” and noted that it was a “very aggravated conspiracy” that “preyed on the elderly in a very cruel way.” In addition to his prison sentence, Parks was ordered to pay restitution to his victims and was placed on three years of supervised release.
This case was a joint investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service, with assistance from the Better Business Bureau, and the Wisconsin Department of Agriculture Trade and Consumer Protection. This case was prosecuted by Assistant United States Attorneys Matthew L. Jacobs and Daniel R. Humble.
Over the past decade similar timeshare resale telemarketing schemes have grown exponentially, due to a glut of timeshare ownership and rising maintenance fees. Many of these fraudulent schemes are operated by companies based in Florida and Nevada. Timeshare owners receiving solicitations to sell or advertise their ownership interests should contact the Federal Trade Commission, United States Postal Inspection Service, local FBI office, their State’s office of consumer protection, or State Attorney General’s office
UW-Oshkosh Student Charged in Federal Court with Possession of RicinRead the Press Release
United States Attorney James L. Santelle announced today that Kyle Allen Smith (Age: 21) of Oshkosh has been arrested on a criminal complaint and charged with possession of ricin in violation of Title 18, United States Code, Section 175(b). If found guilty of the offense Smith faces up to 10 years in prison, a $250,000 fine, or both.
According to the criminal complaint Smith approached two UW- Oshkosh professors. On one occasion Smith inquired about oil and protein extraction from seeds, and subsequently he discussed with a second professor the extracting of ribosomal inhibiting protein. The complaint also alleges Smith used his desktop computer to research ricin.
The substance that Smith produced tested positive for the toxin ricin. The case was investigated by the Oshkosh Police Department and the Federal Bureau of Investigations. The case is being prosecuted by Assistant United States Attorney Paul L. Kanter.
A criminal complaint is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Leading Experts to Discuss New Approaches to Keeping Guns from Those People at Elevated Risk of ViolenceRead the Press Release
United States Attorney James L. Santelle announced today that on Friday, November 7th, the Office of the United States Attorney for the Eastern District of Wisconsin will co-host with Josh Horwitz, Executive Director of the Educational Fund to Stop Gun Violence, and Jeri Bonavia, Executive Director of WAVE Educational Fund, a program entitled “From Virginia Tech to the Azana Spa: New Approaches to Keeping Guns from Dangerous People.”
This community education program will begin at 1:00 p.m. at the Joseph Zilber School of Public Health of the University of Wisconsin-Milwaukee located at 1240 N. 10th Street and will include reporting on evidence-based proposals for identifying and stopping the destructive, firearms-related behaviors of the most dangerous people in our communities. The program will feature a panel of national mental health, public health and gun violence prevention experts from the Consortium for Risk-Based Firearm Policy, together with local leaders to discuss new approaches to keeping guns out of the hands of potentially dangerous individuals. The approaches are detailed in a report the Consortium released late last year.
Among the panelists will be Josh Horwitz, Executive Director of the Educational Fund to Stop Gun Violence, Dr. Garen Wintemute, Professor of Emergency Medicine at the University of California at Davis, Dr. Shannon Frattorili, Associate Professor of the Johns Hopkins School of Public Health, Dr. Jeffrey Swanson, Professor in Psychiatry at Duke University, and Dr. Amy Barnhorst, Assistant Clinical Professor, Department of Psychiatry and Behavioral Sciences at the University of California. United States Attorney James L. Santelle, Milwaukee’s Assistant Police Chief, James Harpole, Nina Vinik, Joyce Foundation Program Director, Gun Violence Prevention Program, Sandy Pasch, Wisconsin State Assembly State Representative, 10th District, Rev. Jerry Hancock, First Congregational Church of Christ, Madison, and Ralph Hollmon, Milwaukee Urban League President and CEO, will be among the presenters.
Friday’s panel is an evidence-based component of a nationwide and local strategic effort by the U.S. Department of Justice and other state, local, and tribal law enforcement entities to combat gun violence and its impact on our communities by highlighting the value of practical, new tools and research-based methods available to government officials, investigators and prosecutors, health care providers, educators, business representatives, legislators, and community leaders. Among other aspects of the concepts to be described and discussed, these policies would prevent individuals from acquiring and possessing guns when they are at elevated risk of harming themselves and others.
In announcing the program, United States Attorney Santelle said: “In this thoughtful, practical discussion with researchers and educators who have devoted their academic careers to identifying the true geneses of firearm-related violence in our nation, we will be drafting a new design – an innovative blueprint – for keeping our residents safer and more secure here in Eastern Wisconsin and elsewhere. We know the sources of and reasons for violence, and our community gathering will focus on using that information and knowledge to save lives, prevent injury, diminish crime, and promote the well-being of our communities.”
“This country needs an evidenced-based, rational approach to curbing gun violence,” said Josh Horwitz, Executive Director of the Educational Fund to Stop Gun Violence. “While it is common to suggest that guns should be kept out of the hands of the ‘mentally ill,’ that category is too vague to be effective and can wrongly stigmatize a group of individuals who are in fact no more likely to be violent than the rest of us. The Consortium’s recommendations will save lives because they are tailored to remove firearms from those most at risk for future violence.”The Consortium’s epidemiological research identified behaviors associated with an increased risk of future violence, including – among others – prior acts of violence, threats of violence, and a history of substance and/or alcohol abuse.
“The evidence is strong: The recommended policy reforms can prevent gun violence here in Wisconsin,” said Jeri Bonavia, Executive Director of WAVE Educational Fund. “But the only way we will actually save lives is if we move these recommendations from paper to practice – a goal we believe every elected official in our state should embrace.”
Friday’s panel is open to media, and coverage is welcome. Interview opportunities with panelists and hosts are available ahead of time, as well as on the day of the event.Three Convicted in Federal Court for Their Role in a Nationwide Timeshare Telemarketing Fraud Scheme Targeting the ElderlyRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin, announced today that following a six day jury trial, Jason D. Schultz (age: 31), and Jessica M. Gilbert (age: 25) of Green Bay, Wisconsin, as well as Jessica Weinhart (nee Hensen) (age: 31) of Neenah, Wisconsin were convicted of conspiracy to commit mail and wire fraud. The jury further found that they had engaged in a telemarketing scheme that defrauded at least 10 individuals over the age of 55 thus subjecting each to enhanced penalties under the “Senior Citizens Against Marketing Scams” or SCAMS Act. Each faces a maximum term of imprisonment of 30 years. Sentencing hearings have been scheduled for January 27, 2014, before Chief District Court Judge William C. Griesbach, at the federal courthouse in Green Bay, Wisconsin.
The evidence presented at trial proved that each of the defendants participated in a fraudulent timeshare resale telemarketing scheme located in Green Bay, Wisconsin, which resulted in over three thousand victims in all fifty states and Canada being defrauded of approximately $2.5 million. The fraudulent scheme spanned from April 2007 to April 2011, and operated under several different business entities, including: Integrated Advertising Solutions, National Timeshare Resales, Administrative Timeshare Resales, and Midwest Timeshares. Numerous witnesses and victims testified that timeshare owners, most of them elderly, were contacted by telemarketers and told that “interested buyers” were prepared to purchase their timeshares in exchange for upfront fees ranging from a few hundred dollars to a few thousand dollars. After handing over their payment information, victims received a one page contract which informed them that they were merely paying for “advertising” on the company’s website. Evidence showed that telemarketers determined the fee amount based solely on the vulnerability and susceptibility of the victims to their untruthful sales pitch. Victims that contacted the companies seeking a refund or inquiring about the status of the sale of their timeshare were repeatedly told lies or given excuses designed to keep them from contacting their financial institution and stopping payment to the fraudulent entities. Twelve victims from around the country ranging in age from sixty-nine to ninety-one testified at trial that they were guaranteed buyers in exchange for the up-front fee. Several of the victims testified that they had been defrauded by similar schemes in the past.
Five other individuals previously plead guilty for their participation in the timeshare resale telemarketing fraud, including the primary figure in the scheme, Mark S. Parks. All are currently awaiting sentencing.
This case was a joint investigation by the Federal Bureau of Investigation and the U.S. Postal Inspection Service, with assistance from the Better Business Bureau, and the Wisconsin Department of Agriculture Trade and Consumer Protection. This case was prosecuted by Assistant United States Attorneys Matthew L. Jacobs and Daniel R. Humble.
Over the past decade similar timeshare resale telemarketing schemes have grown exponentially, due to a glut of timeshare ownership and rising maintenance fees. Many of these fraudulent schemes are operated by companies based in Florida and Nevada. Timeshare owners receiving solicitations to sell or advertise their ownership interests should contact the Federal Trade Commission, United States Postal Inspection Service, local FBI office, their State’s office of consumer protection, or State Attorney General’s office.
United States Attorney Announces Election Day ProgramRead the Press Release
United States Attorney James L. Santelle announced today that he has appointed two experienced Assistant United States Attorneys to lead the efforts of his office in connection with the United States Department of Justice’s nationwide Election Day Program for the upcoming November 4, 2014 elections. United States Attorney Santelle appointed Richard G. Frohling and Gordon P. Giampietro to serve as Election Officers for the Eastern District, which covers 28 counties in the eastern one-third of the State of Wisconsin, including Milwaukee. As Election Officers, AUSA Frohling and AUSA Giampietro are responsible for overseeing the District’s handling of complaints of voting rights abuses and election fraud in consultation with officials of the Justice Department Headquarters in Washington, D.C.
In making this announcement, United States Attorney Santelle said: “Every citizen must be able to vote without interference, discrimination, or other unlawful conduct that limits or prevents full access to the polls. Our office, in combination with our colleagues at the Justice Department in Washington, will act promptly and effectively to protect the integrity of the election process.” United States Attorney Santelle added: “The franchise is the cornerstone of our American democracy. We must ensure that those who are entitled to vote are permitted to do so and that those who seek to compromise our system of elective government are brought to justice.”
The United States Department of Justice has an important role in deterring discrimination and fraud at the polls and combating these violations whenever and wherever they occur. The Justice Department’s long-standing Election Day Program furthers these goals and also seeks to ensure public confidence in the integrity of the election process by providing to the public local points of contact to report possible voting rights violations while the polls are open on Election Day. As Attorney General Eric H. Holder, Jr. recently reaffirmed: “This Department will never yield in its commitment to protecting that most sacred of Americans’ rights—the right to vote.”
Federal law protects against crimes such as intimidating or bribing voters, buying and selling votes, impersonating voters, altering vote tallies, stuffing ballot boxes, and marking ballots for voters against their wishes or without their input. It also includes special protections of the rights of voters and specifically provides that they can vote free from acts of intimidation or harassment. For example, the actions of persons designed to interrupt or intimidate voters at polling places by questioning, challenging, photographing, or videotaping them, under the pretext that these are actions intended to reveal illegal voting, may violate federal voting rights law. Federal law also protects the right of voters to mark their own ballots or to be assisted by persons of their choice.
In order to respond to complaints of voting rights abuses or election fraud on November 4, 2014, and to ensure that such complaints are directed to the appropriate authorities, AUSA Frohling and AUSA Giampietro will be on official duty while the polls are open. AUSA Frohling can be reached by calling (414) 297-4528, and AUSA Giampietro can be reached at (414) 297-1083.
In addition, the Federal Bureau of Investigation (FBI) will have Special Agents available in each Field Office and Resident Agency throughout the country, including those in the State of Wisconsin, to receive allegations of election abuses and fraud on Election Day. The FBI in Milwaukee can be reached by calling (414) 276-4684.
Complaints about possible violations of the federal voting rights laws can also be made directly to the Civil Rights Division’s Voting Section in Washington by telephone at 1-800-253-3931 or (202) 307-2767, by fax at (202) 307-3961, by email to [email protected], or by complaint form at http://www.justice.gov/crt/complaint/votintake/index.php.
Two Individuals charged in Federal Court with Distribution and Receipt of Child PornographyRead the Press Release
United States Attorney James L. Santelle announced today that federal criminal complaints were issued charging Steven P. Link (47) with one count of receipt of child pornography and three counts of distribution of child pornography and Kory C. Murphy (36) with three counts of receipt of child pornography, all in violation of Title 18, United State Code, Section 2252A(a).
According to the complaint, Sturgeon Bay Police Department officers executed a search warrant at a bookstore named “Untitled and Rare Used Books” that is owned and operated by Mr. Link, as well as an apartment, occupied by Mr. Murphy, located above the bookstore. Law enforcement officers seized numerous computers and media storage devices, searched them, and identified image and movie files containing child pornography.
Both of the defendants appeared in federal court this afternoon before the Honorable James R. Sickel. They were ordered detained in federal U.S. Marshal custody until their detention hearings currently scheduled before Magistrate Judge Sickel on November 3, 2014.
The case is being investigated by the Sturgeon Bay Police Department and is being prosecuted by Assistant U.S. Attorney William Roach.
The public is cautioned that a criminal complaint is merely a formal method of charging an individual and does not constitute an inference of guilt. An individual is presumed innocent until such time, if ever, that the government establishes his guilt beyond a reasonable doubt.
Eight Defendants Charged with Heroin and Cocaine Trafficking and Murder for HireRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin, announced that a federal grand jury recently returned an eleven-count indictment charging eight defendants with various drug-trafficking offenses, including conspiracy to distribute at least 1 kilogram or more of heroin, and charging one defendant with murder for hire. The defendants are identified as Jose Ponce de Leon (age: 29) Yandi Ponce de Leon (age: 30), Carlos Cornier-Nazario (age: 28), Louis Rodriguez-Ramirez (age: 29), Luis Rivera-Corales (age: 22), Mayra Johanna Palermo-Rodriguez (age: 29), Julio Ponce de Leon (age: 34), and Alex Cornier-Torres (age: 28). All of the defendants are residents of Milwaukee, Wisconsin. The defendants are charged in the following counts:
Count Defendant Charges Penalty1
Jose Ponce de Leon
Yandi Ponce de LeonConspiracy to distribute cocaine and more than 1 kilogram of heroin
21 U.S.C. §§ 841(a)(1), (b)(1)(A) and 846
18 U.S.C. § 2Mandatory term of 10 years imprisonment, maximum of life imprisonment and $10 million fine
Cornier-Nazario,
Palermo-Rodriguez,
Rodriguez-Ramirez,
Cornier-Torres
Rivera-Corales
Julio Ponce de LeonConspiracy to distribute heroin and cocaine
18 U.S.C. § 2
21 U.S.C. §§ 841(a)(1), (b)(1)(C) and 84620 years maximum and $1 million fine
3-7
Rivera-Corales, Yandi Ponce de Leon,
Cornier-Nazario, Jose Ponce de Leon, Rodriguez-RamirezDistribution of heroin and cocaine
18 U.S.C. § 2
21 U.S.C. §§ 841(a)(1), (b)(1)(C)20 years maximum and $1 million fine
8-10
Julio Ponce de Leon
Cornier-Torres
Palermo-RodriguezUse of the telephone to facilitate possession with intent to distribute heroin and cocaine
21 U.S.C. § 843(b)4 years maximum and $30,000 fine
11
Yandi Ponce de Leon
Murder for hire
18 U.S.C. § 2
18 U.S.C. § 195810 years maximum and $250,000 fine
This long-term investigation revealed that the defendants were involved in a drug trafficking organization lead by Jose Ponce de Leon that distributed at least 1 kilogram of heroin as well as large quantities of cocaine in and around the Milwaukee, Wisconsin area. The investigation included court-authorized interception of wire communications to and from Yandi Ponce de Leon’s telephone, which lead to the interception of wire communications regarding the murder for hire.
The defendants were charged after a long-term investigation lead by the United States Drug Enforcement Administration, in conjunction with the United States Immigration and Customs Enforcement, Homeland Security Investigations, Wisconsin Department of Justice - Division of Criminal Investigation, the Wisconsin High Intensity Drug Trafficking Area, Milwaukee Police Department, Oak Creek Police Department, Cudahy Police Department, and West Allis Police Department. This case will be prosecuted by Assistant United States Attorney Laura S. Kwaterski.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
# # # # #Chilton Man Sentenced for Federal Wildlife ViolationsRead the Press Release
United States Attorney James L. Santelle, announced that on October 20, 2014, Todd David Doughty (age: 50), owner of the “Thunderbird Game Farm” in Chilton, Wisconsin, was sentenced to five years probation, ordered to pay a $5,000 fine, and had his hunting, fishing and trapping privileges revoked for five years by Chief United States District Court Judge William C. Griesbach. Doughty had previously been convicted for a violation of the Migratory Bird Treaty Act in violation of Title 16, United States Code, Sections 703(a), 707(b)(2) and Title 18, United States Code, Section 2.
According to the plea agreement and other documents filed with the court, Doughty illegally engaged in the sale of sausage containing Snow Goose, a migratory bird. While sentencing the defendant, Chief Judge Griesbach noted a litany of past wildlife offenses which “spoke to the defendant’s character” and his “disregard for wildlife laws” which necessitated the lengthy revocation of hunting privileges. As a convicted felon, Doughty may never again possess a firearm for any purpose.
The case was investigated by the United States Fish and Wildlife Service and the Wisconsin Department of Natural Resources. It was prosecuted by Assistant United States Attorney Daniel R. Humble.Outlaw Motorcycle Gang member on the Run for 17 Years Arrested in MexicoRead the Press Release
United States Attorney James L. Santelle announced that United States Marshals have arrested Randy Mark Yager, aka “Mad” (age: 58), in Mexico. In 1997, Yager fled after he was indicted in the Eastern District of Wisconsin. Yager was the ATF's Most Wanted Fugitive in 1997, and was placed on the United States Marshals 15 Most Wanted list in 2004.
Yager is one of seventeen members and officers of the Outlaw Motorcycle Club who were charged with racketeering offenses. The indictment identifies Yager as the regional president of the Chicago Region of the Outlaws and the president and a member of the Gary Chapter of the Outlaws. Yager is charged under the Racketeer Influenced and Corrupt Organizations Act (RICO) with substantive racketeering and conspiracy to commit racketeering acts, in violation of Title 18, United States Code, Sections 1962 (c) and (d). The charges carry penalties of up to life in prison.
The indictment alleges that the Outlaws were a criminal organization whose members and associates were engaged in acts of violence including murder, robbery, arson, narcotics trafficking, and other serious offenses. According to the indictment, many of those acts were committed with the intent to control Outlaw territory and keep rival motorcycle gangs, including the Hell’s Angels, from gaining a foothold in the Midwest. Yager is alleged to have participated in racketeering acts that included conspiracy to commit murder at the Lancaster Speedway in Erie County, New York, where a member of the Hell’s Angels and a member of the Outlaws were each killed during the planned assault. He is also alleged to have participated in a conspiracy to commit murder at the Illiana Speedway in Lake County, Indiana, and in an act of robbery at a tavern in Cook County, Illinois.
Yager’s co-defendants have all been convicted, and five of them, including Kevin O’Neill, David Kadlec, Randall Miller, Carl J. Warnecke and Harvey Powers, were given life sentences.
In announcing Yager’s arrest and return to the United States, United States Attorney James L. Santelle stated: “The charges against this defendant remain today just as serious, extensive, and violent as they were when the Grand Jury issued them some 17 years ago. Mr. Yager will now face the consequences of those criminal actions that, like those of his co-defendants, compromised the safety and the security of our communities.” United States Attorney Santelle specially commended the United States Marshals Service and the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, along with the other law enforcement units, for their “outstanding highly professional, and unrelenting work in identifying the defendant’s whereabouts and accomplishing his return to face justice here in Eastern Wisconsin”.
"While Randy Yager attempted to evade federal law enforcement for nearly two decades, today's arrest signifies ATF's relentless pursuit of violent criminals across the nation,” said Special Agent in Charge of the St. Paul Field Division James C. Modzelewski. “Be clear that ATF in partnership with the U.S Marshals Service, U.S. Attorney's Office and local law enforcement, we will bring violent criminals to justice without regard for how many decades they attempt to evade the law."Yager, was apprehended Wednesday near Rosarito, Baja California, Mexico. The fugitive investigation for Yager gained momentum when U.S. Marshals were able to gather significant information on his possible location. The information was then forwarded to Mexican authorities, who responded to the location and encountered a man who fit Yager’s description. When Mexican authorities asked the man to identify himself, he initially said his name was “David” and produced several identification cards bearing the name David Michael Dorian. However, after additional questioning, the man later identified himself as Randy Yager.
Mexican authorities took Yager into custody and transported him to a facility in Tijuana where he was processed and positively identified. On Thursday, October 16, Yager was ordered expelled from Mexico to the U.S., where he was subsequently turned over to the U.S. Marshals. He is currently being held at the Western Regional Detention Facility in downtown San Diego, California.
“Yager was on the U.S. Marshals 15 Most Wanted list since 2004,” stated Kevin Carr, U.S. Marshal for the Eastern District of Wisconsin. “His arrest is a testament to the outstanding investigative work and tireless efforts of our deputies and our federal, state, and local partners who worked this case for years to bring Yager to justice.”
This case has been assigned to Assistant United States Attorney Carol L. Kraft who initially prosecuted this case.
Two Pewaukee, WI Men Charged with Bank Fraud and Concealing AssetsRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced that on Tuesday, October 7, 2014, the grand jury returned a sixteen count indictment charging Todd A. Brunner (age 57), and Shawn A. Brunner, (age: 24), both of Pewaukee, Wisconsin with bank fraud in violation of Title 18, United States Code, Section 1344; and false declarations and oaths, and concealing assets in bankruptcy, in violation of Title 18, United States Code, Section 152.
T. Brunner is charged in counts one through eight of the indictment, which allege that he submitted false documents in support of draw requests from a construction loan funded by First Business Bank of Milwaukee. Counts nine through eleven allege T. Brunner transferred the ownership of assets, including real estate, motor vehicles, and boats to his son, S. Brunner, and to shell companies in order to shield them from his creditors. Count twelve alleges that T. Brunner concealed boat engines, superchargers and gauges from the bankruptcy court and his creditors during bankruptcy proceedings. Counts thirteen and fourteen allege that T. Brunner made materially false declarations and verifications under penalty of perjury in his bankruptcy proceedings. Count fifteen alleges that T. Brunner made a false oath and account at a creditor meeting in bankruptcy. S. Brunner is charged with bank fraud along with his father in counts nine through eleven, and separately, in count sixteen, with a false account and oath at a bankruptcy proceeding.
In announcing the indictment, United States Attorney Santelle commented: “The nature and scope of the charges issued by the grand jury reflect the substance and the breadth of the criminal conduct in which the defendant allegedly engaged—including bank fraud, the concealment of assets, and the making of false statements in the context of bankruptcy proceedings. These behaviors not only compromise the strength of our financial institutions and banking systems but also undermine the legitimate and important processes of the United States Bankruptcy Court.” Santelle specially commended the Federal Bureau of Investigation, the Internal Revenue Service, the Department of Housing and Urban Development, and the Milwaukee Police Department for “their partnered, focused, and effective investigation of this multi-faceted fraud.”
If convicted of the bank fraud counts, each defendant faces up to 30 years in prison, a $1,000,000 fine, and up to five years supervised release for each count. If convicted of the false declarations and oaths and concealment in bankruptcy, each defendant faces up to five years in prison, a $250,000 fine, and up to three years of supervised release on each count.
The case was investigated by the Federal Bureau of Investigation, the United States Department of Housing and Urban Development-Office of Inspector General, Internal Revenue Service Criminal Investigation, and the Milwaukee Police Department. The case is being prosecuted by Assistant United States Attorney Carol L. Kraft.
An indictment is only a charge and is not evidence of guilt. A defendant is presumed innocent and is entitled to a fair trial at which the government must prove guilt beyond a reasonable doubt.
Neenah Man Sentenced to Federal PrisonRead the Press Release
United States Attorney James L. Santelle, of the Eastern District of Wisconsin, announced that on September 22, 2014, Charles Kniebes-Larsen (age: 34) of Neenah, Wisconsin, was sentenced to 36 months in federal prison by Chief United States District Judge William C. Griesbach. Kniebes-Larsen previously entered a guilty plea to a single-count indictment charging him with being a felon in possession of a firearm.
The case was investigated by the Lake Winnebago Area Metropolitan Enforcement Group and the Town of Menasha Police Department. The case was prosecuted by Assistant United States Attorney Daniel R. Humble.
Former Federal Bureau of Prison Employee Sentenced for Fraudulently Obtaining Federal Workers Compensation benefitsRead the Press Release
United States Attorney James L. Santelle of the Eastern District of Wisconsin announced today that on September 19, 2014, Christopher A. Seifer (age: 43) of Westfield, Wisconsin, was sentenced to 15 months imprisonment followed by three years of supervised release, and ordered to pay $84,717.60 in restitution to the U.S. Department of Labor. Seifer was also ordered to pay a $500 special assessment.
On February 4, 2014, Mr. Seifer was charged in a five-count indictment alleging that he had submitted more than 1,380 fraudulent claims seeking reimbursement from the federal government for mileage expenses that he falsely claimed to have incurred by driving to health clubs for self-directed pool-therapy sessions. The indictment alleged that Mr. Seifer did not, in fact, travel to the health clubs on many of his claimed dates of travel between March 28, 2006, and October 2, 2012, for which Mr. Seifer had sought and obtained more than $84,000 in mileage-expense reimbursements. On June 19, 2014, following a four-day trial, a jury found Mr. Seifer guilty on all counts.
The evidence produced at trial demonstrated that Mr. Seifer had defrauded the Department of Labor’s Office of Workers Compensation Program, which provides disability-related benefits to federal workers who suffer disabilities as a result of work-related injuries, by submitting false travel reimbursement claims and obtaining payments on those false claims. Mr. Seifer had formerly been employed by the United States Bureau of Prisons as an Electronics Technician at the Federal Correctional Institution in Oxford, Wisconsin, where he suffered work-related injuries and was then entitled to receive benefits, including medical benefits under the Federal Employees Compensation Act.
In making today’s announcement about the sentence, United States Attorney Santelle stated: “The 15-month incarceration term imposed on this defendant reflects the gravity and breadth of the fraud that Mr. Seifer perpetrated on the United States Bureau of Prisons and the United States Department of Labor —and on the public whose trust he compromised. The fact that he is also now obliged, following a full trial and exposition of his false statements and claims for reimbursement under the Workers Compensation Program, to pay restitution in an amount of nearly $85,000 similarly confirms the vigor and the focus of the investigative and prosecutorial work that has preceded this result. I commend specially the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering and Fraud Investigations, along with the United States Department of Justice’s Office of Inspector General, for the professionalism and precision of their investigative efforts in bringing this defendant and his fraudulent conduct to a decisive and deterrent-accomplishing end.”
This case was investigated by the United States Department of Labor, Office of Inspector General, Office of Labor Racketeering & Fraud Investigations and the United States Department of Justice Office of the Inspector General, Chicago Field Office. This case was prosecuted by Assistant United States Attorneys Scott Campbell and Benjamin Proctor.
Neopit, WI Man Sentenced to 22 Years in Prison for Sexual Abuse of a ChildRead the Press Release
United States Attorney James L. Santelle announced that Myron J. Penass, (age: 21), of Neopit, located on the Menominee Indian Reservation, in the State of Wisconsin, was sentenced on September 4, 2014, in United States District Court to 262 months of imprisonment, followed by a term of 20 years on supervised release. The sentence was the result of a guilty plea by Penass on May 22, 2014, to a federal information charging him with four counts of engaging in a sex act with a person incapable of appraising the nature of the conduct.
The investigation revealed that throughout 2013, Penass, sexually abused a 7-year-old female at a residence on the Menominee Indian Reservation. Penass admitted that he sexually assaulted the victim.
The case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
Keshena, WI Man Sentenced to Prison for Aggravated Assault of a ChildRead the Press Release
United States Attorney James L. Santelle announced that Richard J. Schreiber, (age: 21), of Keshena, located on the Menominee Indian Reservation, in the State of Wisconsin, was sentenced on September 4, 2014, in United States District Court to 53 months of imprisonment, followed by a term of three years on supervised release. The sentence was the result of a guilty plea by Schreiber on May 22, 2014, to a federal information charging him with one count of assault of a child resulting in serious bodily injury.
The investigation revealed that on two occasions Schreiber abused a 20-month-old male at a residence on the Menominee Indian Reservation. Schreiber admitted that he assaulted the victim.
The case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
Keshena, WI Man Sentened to Prison for Sexual AbuseRead the Press Release
United States Attorney James L. Santelle announced that James F. King, Sr., (age: 40), of Keshena, located on the Menominee Indian Reservation, in the State of Wisconsin, was sentenced on July 28, 2014, in United States District Court to 87 months of imprisonment, followed by a term of 10 years on supervised release. The sentence was the result of a guilty plea by King on March 25, 2014, to a federal indictment charging him with one count of sexually abusing a person incapable of declining participation.
The investigation revealed that on November 20, 2013, King, sexually abused a 25-year-old female, who was asleep at the time. The victim indicated that she sleeping in the basement of the residence when she was awakened by someone tugging at her clothing. The victim kicked King and yelled for help as he ran from the residence. Law enforcement interviewed King and he admitted that he sexually assaulted the victim.
The case was investigated by the Menominee Tribal Police and the Federal Bureau of Investigation. The case was prosecuted by Assistant United States Attorney Benjamin L. Whittemore.
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