Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
5 June 2023
Convicted Felon Pleads Guilty to the Illegal Possession of FirearmsRead the Press Release
CONCORD – A former Ohio man pleaded guilty today in federal court to the illegal possession of firearms, U.S. Attorney Jane E. Young announces.
Bernard Murphy, a/k/a Bernard Malik El, 38, pleaded guilty to the illegal possession of two firearms as a prohibited person. Chief U.S. District Court Judge Landya McCafferty scheduled sentencing for September 18, 2023.
On May 2021, the defendant had been residing at the Days Inn in Campton for several months when Campton Police Department received a tip about his potential involvement in narcotics trafficking at the hotel. Upon searching the defendant’s hotel room, law enforcement seized a 9MM handgun and a loaded 12-gauge shotgun. Murphy is prohibited from possessing firearms due to a prior felony conviction in the State of Ohio in 2008.
The charging statute provides a sentence of no greater than 10 years in prison, 3 years of supervised release, and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
The Federal Bureau of Investigations and the Campton Police Department led the investigation. Valuable assistance was provided by the Bureau of Alcohol Tobacco, Firearms and Explosives. Assistant U.S. Attorney Charles L. Rombeau is prosecuting the case.
###
Connecticut Woman Faces up to 20 Years for Fentanyl and Cocaine TraffickingRead the Press Release
BANGOR, Maine: A Connecticut woman pleaded guilty in U.S. District Court in Bangor today to possessing fentanyl and cocaine base with the intent to distribute.
According to court records, the Franklin County Sheriff’s Office began an investigation into the suspected trafficking of illegal narcotics from an Avon residence. In July 2020, law enforcement executed a search warrant and found Chrissie LaForge, 42, inside the residence. Law enforcement seized approximately $1,200 in cash from LaForge and found 44.9 grams of fentanyl and 12.65 grams of cocaine base in her purse.
LaForge faces up to 20 years imprisonment and a minimum of three years and up to a lifetime of supervised release. She will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration, Maine Drug Enforcement Agency, and the Franklin County Sheriff’s Office investigated this case.
###
Colorado Man Sentenced for Conspiring to Distribute TramadolRead the Press Release
Burlington, Vermont – The United States Attorney’s Office stated that John Gentile, 59, of Arvada, Colorado, was sentenced by United States District Court Judge William K. Sessions III to two years of probation for conspiring to distribute Tramadol. Tramadol is an opioid used for pain relief and is classified as a Schedule IV controlled substance under federal law.
According to court records, beginning in or about January 2020 and continuing through 2021, Gentile became involved in receiving and redistributing controlled substances and misbranded pharmaceutical drugs shipped to him by a drug supplier in India. Typically, large quantities of the substances, including Tramadol and others, were shipped from outside the United States and received by Gentile in Colorado. Gentile then redistributed smaller quantities of the substances, including Tramadol, to customers via mail. Gentile also shipped a package to a Vermont coconspirator and received electronic payments from the Vermont coconspirator as reimbursement for shipping and packaging drugs. Gentile was arrested in March 2022. At the time of his arrest, investigators seized approximately 17,500 pills from his vehicle. The pills included Tramadol and other Schedule IV controlled substances like Alprazolam (Xanax) and Zolpidem (Ambien), among others.
U.S. Attorney Nikolas P. Kerest commented, “At a time when counterfeit prescription drugs are being used to hide fentanyl from unsuspecting users, it is especially important for law enforcement to be on the look out for prescription drugs being distributed without signoff from a medical professional. The FDA’s Office of Criminal Investigations did excellent work to identify Gentile’s illegal receipt and redistribution of Tramadol and other controlled substances. This office looks forward to continued partnership with FDA to ensure that illegal distributors like Gentile are brought to justice.”
“Prescription drugs that are smuggled from overseas and are outside the secure supply chain can present a serious health risk to those who use them. The drugs may contain dangerous ingredients and are manufactured under unknown conditions,” said Special Agent in Charge Fernando P. McMillan, FDA Office of Criminal Investigations, New York Field Office. “We will continue to investigate and bring to justice those who traffic in illegal prescription drugs.”
This case was investigated by the Food and Drug Administration, Office of Criminal Investigations.
Assistant United States Attorney John J. Boscia represented the government. William E. Kraham, Esq. represented Gentile.
Collin County Dentist Sentenced for COVID-19 Relief Related FraudRead the Press Release
PLANO, Texas – A Plano dentist has been sentenced to federal prison for COVID-19 relief related violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Brian Bui, 43, pleaded guilty to wire fraud and was sentenced to 18 months in federal prison today by U.S. District Judge Sean D. Jordan.
According to court documents, Bui used his dentistry business to obtain at least two Paycheck Protection Program (PPP) loans by submitting materially false application paperwork, including fabricating supporting documentation and lying about the number of employees and monthly payroll expenses. As a result of his conduct, he obtained approximately $1.89 million in forgivable loans guaranteed by the Small Business Administration (SBA) under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Bui used the funds in a manner not authorized by the program, including for non-business, personal investments. Bui was also ordered to pay restitution in the amount of $1,491,305.97.
This case was investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anand Varadarajan.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
###
Cleveland Man Sentenced on Drug Trafficking and Firearm ChargesRead the Press Release
CLEVELAND – Deven Smith, 44, of Cleveland, Ohio, was sentenced on Wednesday, May 31, 2023, to 211 months in prison by U.S. District Judge Sara Lioi after he pleaded guilty to possession with intent to distribute cocaine and methamphetamine, carrying a firearm during a drug trafficking crime, and being a felon in possession of a firearm and ammunition.
According to court documents, on July 15, 2021, Cleveland Police Safe Streets Task Force initiated a traffic stop of a 2008 Audi Q7 that was parked and running in the area of East 79th Street and St. Clair Avenue in Cleveland. When officers approached the driver, Deven Smith, they observed a bag of suspected controlled substance on the front passenger seat, several clear plastic bags on Smith’s lap, and a digital scale in the center console. Smith admitted to officers that he also had a firearm in the vehicle. A search of the vehicle revealed a Ruger, model P345 .45 caliber pistol between the driver’s seat and the center console. Officers also located just over 10 grams of cocaine base, almost 30 grams of cocaine, methamphetamine and two cell phones. Smith is prohibited under federal law from possessing a firearm due to previous felony convictions.
The investigation was conducted by the Cleveland Police Department and the Federal Bureau of Investigation.
This case was prosecuted by Assistant United States Attorney Scott Zarzycki.
Caribou Man Faces 10+ Years for Role in Penobscot and Aroostook County Drug TraffickingRead the Press Release
BANGOR, Maine: A Caribou man pleaded guilty today in U.S. District Court in Bangor to conspiracy to distribute and possess with intent to distribute methamphetamine and fentanyl.
According to court records, between January 2018 and December 2021, John Miller, 22, conspired with others to traffic methamphetamine and fentanyl in Penobscot and Aroostook counties. Miller knowingly and intentionally joined and participated in the conspiracy.
Miller is the eleventh defendant to plead guilty in this case; four other participants in the conspiracy were sentenced in prior related cases. Miller faces at least ten years and up to life imprisonment and a minimum of five years of supervised release. He will be sentenced after the completion of a presentence investigative report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The U.S. Drug Enforcement Administration; Bureau of Alcohol, Tobacco, Firearms and Explosives; and Maine Drug Enforcement Agency investigated the case. Assistance was provided by the police departments in Orono, Bangor, Brewer, Caribou, Presque Isle and Houlton. U.S. Attorney Darcie McElwee also recognized the cooperation and coordination provided by the Maine State Attorney General’s Office and the Aroostook County District Attorney’s Office.
Organized Crime Drug Enforcement Task Forces: This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
###
Canton Defendant Sentenced on Racketeering and Drug Trafficking ChargesRead the Press Release
AKRON – Justin Bush, 35, of Canton, Ohio, was sentenced to 96 months imprisonment on Wednesday, May 31, 2023 by U.S. District Judge Sara Lioi after he pleaded guilty to racketeering conspiracy, conspiracy to possess with intent to distribute narcotics, and to distributing narcotics. Bush was also ordered to pay a $300 Special Assessment and serve 3 years of supervised release after release from imprisonment.
According to court documents, Bush was a member of the Shorb Blocc gang that was responsible for violent street crimes including shootings and robberies as well as drug distribution in Canton, Ohio for much of the last decade. Bush was a long-term member of the Shorb Blocc gang and took part in criminal activities supporting the gang such as shooting at rival gang members and selling narcotics, specifically fentanyl.
The investigation was conducted by the Canton Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). This case was prosecuted by Assistant United States Attorneys Robert Corts, Vasile Katsaros and Toni Beth Schnellinger Feisthamel.
Canadian Company Pleads Guilty to Illegally Selling Harp Seal Oil in the United StatesRead the Press Release
FeelGood Natural Health Stores Ltd. (FeelGood) pleaded guilty today to one count of violating the Lacey Act by knowingly transporting and selling harp seal oil capsules in violation of the Marine Mammal Protection Act (MMPA). The MMPA makes it unlawful to transport or sell any marine mammal, including harp seals, or products thereof, for any purpose other than public display, scientific research, or enhancing the survival of a species or stock.
According to the plea agreement, FeelGood is a Canadian corporation located in Whitby, Ontario, Canada. Between at least April 2019 and May 2021, FeelGood offered harp seal oil capsules for sale in the United States on both its own webpage and a third-party platform. It did so even though its website on the third-party platform acknowledged, “NOT ship to USA,” and though FeelGood received a notice that some shipments had been seized by the federal government for violation of the MMPA. Nevertheless, FeelGood shipped at least 936 bottles of capsules valued at over $10,000. FeelGood either shipped purchased items directly from Canada to the customer in the United States (in some instances a covert U.S. Fish and Wildlife Special Agent) or shipped the items from or through fulfillment centers run by a third party in the United States.
“Our wildlife laws were passed to ensure the continued existence and enjoyment of these natural resources for future generations,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Those who deliberately exploit marine mammals for commercial purposes in U.S. markets in violation of our wildlife laws will be criminally prosecuted.”
“This office takes the security of our borders very seriously. The illegal importation of marine mammal products not only violates the Marine Mammal Protection Act but also jeopardizes the safety of protected species such as harp seals,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan.
FeelGood faces a maximum sentence of a fine of $500,000 and five years’ probation. Pursuant to the plea agreement the parties agree to recommend a fine of $20,000 and three years’ probation during which FeelGood must create and implement a compliance plan, train its employees, obtain any necessary licenses, and cooperate fully with the government. Sentencing is scheduled for Sept. 28.
The Lacey Act prohibits trafficking in fish and wildlife, or plants taken, possessed, transported or sold in violation of underlying federal, state, foreign or Indian Tribal law. The Lacey Act also prohibits making or submitting a false label, record, or account of fish, wildlife, or plant that has been or is intended to be transported in interstate or foreign commence.
The U.S. Fish and Wildlife Service Office of Law Enforcement investigated the case.
The Environment and Natural Resources Division’s Environmental Crimes Section and the U.S. Attorney’s Office for the Eastern District of Michigan prosecuted the case.
Cahokia Heights Teen Indicted for Trafficking Glock Switches from ChinaRead the Press Release
EAST ST. LOUIS, Ill. – A teenager from Cahokia Heights was arraigned on a two-count indictment in federal court, and he is now facing charges for engaging in a scheme to transport Machine Gun Conversion Devices, more commonly known as Glock switches, from China to St. Clair County.
Carlos Akins, 19, is facing one count of unlawful possession of a machine gun and one count of transporting prohibited weapons without a license.
“Glock switches have exploded in popularity in recent years, and federal law enforcement agencies are working together to remove the devices from our communities,” said U.S. Attorney Rachelle Aud Crowe. “Our office stands ready to prosecute the individuals responsible for trafficking Glock switches into southern Illinois.”
“The growing popularity of machine gun conversion devices poses a very real threat to public safety and the law enforcement community,” said Bernard Hansen, Special Agent in Charge, Bureau of Alcohol, Tobacco, Firearms and Explosives, Kansas City Field Division. “As this case clearly demonstrates, ATF is committed to working with our local, state and federal partners to investigate the trafficking and use of these devices and remove them from our communities.”
“Conversion devices or switches that allow a handgun to become fully automatic are becoming more common and the Illinois State Police Public Safety Enforcement Group is committed to stopping the proliferation of these devices,” said ISP Director Brendan F. Kelly.
According to court documents, U.S. Customs and Border Protection in Chicago intercepted a package of 10 Glock switches from China in route to an address in East St. Louis for Akins in December 2022. CBP notified ISP of the package, and troopers partnered with ATF to conduct a controlled pick-up for the defendant.
After his arrest, Akins gave law enforcement consent to search his bedroom. Officers located a Glock with a purple switch, an extended magazine and an additional cell phone. During an interview, the defendant told police he ordered Glock switches from an app and had sold nine switches to customers for a total of $2,000.
In January 2023, Homeland Security Investigations seized another package of 10 Glock switches addressed to Akins. In total, Akins is accused of ordering 30 Glock switches from China.
Under federal law, auto sears, commonly known as Glock switches, are defined as a machine gun, because the relatively simple and small conversion devices can turn semi-automatic pistols into automatic weapons.
If convicted, the defendant can be sentenced to up to 15 years in federal prison and face fines up to $250,000.
An indictment is merely a formal charge against a defendant. Under the law, a defendant is presumed to be innocent of a charge until proved guilty beyond a reasonable doubt to the satisfaction of a jury.
ATF and ISP are contributing to the investigation, and Assistant U.S. Attorney Kimberly Arshi is prosecuting the case.
Armed Security Guard at 26 Federal Plaza Indicted for Violating the Constitutional Rights of an Individual Through Forced Sexual AssaultRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, and Michael J. Driscoll, the Assistant Director in Charge of the New York Field Office of the Federal Bureau of Investigation (“FBI”), announced today that JIMMY SOLANO-ARIAS, a former armed security guard at the Jacob K. Javits Federal Office Building located at 26 Federal Plaza in Manhattan, was indicted in federal court for violating the constitutional rights of an asylum seeker (the “Victim”) by forcing the Victim, through the threat of death or serious bodily injury, to perform oral sex on SOLANO-ARIAS while inside a locked office in 26 Federal Plaza. SOLANO-ARIAS was arrested and charged by Complaint on May 5, 2023. The case is assigned to U.S. District Judge Paul G. Gardephe.
U.S. Attorney Damian Williams said: “As alleged, Jimmy Solano-Arias, an armed security guard who was tasked with keeping the many federal employees and visitors to 26 Federal Plaza safe, instead used his uniform and firearm to force a vulnerable individual who was seeking asylum to perform oral sex on him. This Office is committed to holding all those who act under color of law accountable when they abuse their power and violate the constitutional rights of others. We encourage anyone who may have additional information into Jimmy Solano-Arias’s conduct to please call the FBI at 1-800-CALL-FBI.”
FBI Assistant Director in Charge Michael J. Driscoll said: “As alleged, Solano-Arias, who was employed as an armed security guard assigned to 26 Federal Plaza, sexually assaulted the victim, who had come to the building to complete his asylum paperwork. In doing so, he violated the victim’s constitutional rights through forced sexual assault. As today’s indictment should demonstrate, the FBI will never tolerate this type of activity, and Solano-Arias will be forced to face the consequences of his actions.”
According to the allegations in the Complaint and Indictment that were filed in Manhattan federal court:[1]
On or about May 4, 2023, SOLANO-ARIAS was employed as a security guard by a company that contracts with the Federal Protective Service to provide armed security services at 26 Federal Plaza. SOLANO-ARIAS was wearing a black and gray security guard uniform and carrying his employer-issued firearm on his waistband.
On or about May 4, 2023, the Victim went to 26 Federal Plaza for the purpose of submitting an asylum application. Once there, SOLANO-ARIAS offered to assist the Victim with his asylum paperwork. Instead of providing assistance, however, SOLANO-ARIAS led the Victim to a locked office on the second floor of 26 Federal Plaza, where SOLANO-ARIAS demanded that the Victim perform oral sex on SOLANO-ARIAS. When the Victim attempted to resist SOLANO-ARIAS’s demands, SOLANO-ARIAS touched his firearm, which was holstered on his waist. Fearing that SOLANO-ARIAS would kill the Victim, the Victim performed oral sex on SOLANO-ARIAS, which caused physical pain and injury to the Victim. After the assault, when the Victim was able to leave the office, he immediately reported the sexual assault to law enforcement.
* * *
SOLANO-ARIAS, 42, of the Bronx, New York, is charged with one count of deprivation of rights under color of law, which involved kidnapping and aggravated sexual abuse, and which carries a maximum sentence of life in prison.
The maximum potential sentence is prescribed by Congress and is provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the outstanding investigative work of the FBI. Mr. Williams requests that any individuals who have information with respect to JIMMY SOLANO-ARIAS contact the FBI Tip Line at 1-800-CALL-FBI.
The prosecution of this case is being handled by the Office’s Civil Rights Unit in the Criminal Division. Assistant U.S. Attorney Lindsey Keenan is in charge of the prosecution.
The charge contained in the Complaint and the Indictment is merely an accusation, and the defendant is presumed innocent unless and until proven guilty.
[1] As the introductory phrase signifies, the entirety of the text of the Complaint and Indictment and the description of the Complaint and Indictment set forth herein constitute only allegations, and every fact described should be treated as an allegation.
u.s_v._solano-arias_indictment.pdf u.s._v._solano-arias_complaint.pdfArmed Drug Dealer Sentenced to Eight Years in Federal PrisonRead the Press Release
Spokane, WA – Vanessa R. Waldref, the United States Attorney for the Eastern District of Washington, announced today that Joseph William Baker, age 28, of Airway Heights, Washington, was sentenced to 96 months in federal prison by Senior District Court Judge Wm. Fremming Nielsen. Baker was convicted of Possession with Intent to Distribute 5 Grams of Actual (Pure) Methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B)(viii), stemming from a traffic stop on November 22, 2021.
According to information disclosed during court proceedings, on November 22, 2021, the Whitman County Sheriff’s Office (“WCSO”) conducted a traffic stop on a vehicle driven by Baker in the Colfax, Washington area. Upon contact with WCSO deputies, Baker appeared extremely nervous and was shaking uncontrollably. He was unable to produce a driver’s license and advised the deputy that his driver’s license was suspended. Baker was asked to get out of his car, and in doing so, the deputy noticed a bag of heroin on the floor of the vehicle. A subsequent search of Baker’s person revealed methamphetamine in his pocket as well as just over $800 in U.S. Currency. Baker admitted the money was from drug sales and that there was a loaded handgun in his car that may have been stolen.
A state search warrant was obtained for Baker’s vehicle, and the WCSO located over 100 fentanyl-laced pills, approximately two ounces of methamphetamine, two ounces of heroin, two working digital scales with drug residue on them, and a loaded Smith & Wesson Bodyguard .380 ACP caliber semi-automatic firearm. A record check on the firearm, and subsequent witness interviews, revealed the firearm was stolen from the Spokane area about a week prior to the traffic stop. After Baker’s federal indictment, he was released to attend drug treatment. After about one week in treatment, Baker left, absconded from supervision, and was a fugitive for close to seven months before being located and rearrested.
During the sentencing hearing, Judge Nielsen noted that drug trafficking is a very serious activity that harms the community. The Court explained that Baker’s activities fed the addictions of others and created additional addicts. Judge Nielsen further noted that Baker engaged in this dangerous conduct notwithstanding multiple prior felony convictions and a history of assaultive behavior. As Judge Nielsen put it, Baker had “thumb[ed] his nose at the system,” by failing to appear for his criminal cases on at least twelve separate occasions.
“I’m grateful for the professionalism and dedication of the federal and state law enforcement team, who work together to keep our communities safe,” stated U.S. Attorney Waldref. “Mr. Baker brought dangerous drugs into our community and possessed stolen firearms that put our neighborhood at risk. Today’s sentence reaffirms our Office’s commitment to prevent violence and holding individuals accountable for their crimes.”
Whitman County Sheriff Brett Myers stated, “I could not be more pleased with the outcome of this case and the cooperation we received from our federal partners. The Whitman County Sheriff’s Office will continue to pursue every avenue we can to keep our communities, streets and neighborhoods safe from those who intend to violate the law and traffic in dangerous and deadly narcotics.” He continued, “The public expects its law enforcement agencies to protect and serve. In order to do that, we must also hold people accountable. Todays’ sentence demonstrates that in Whitman County and Eastern Washington accountability is the rule, not the exception.”
“Mr. Baker received many opportunities to bring his conduct in line with the law, but repeatedly chose not to do so,” said ATF Seattle Special Agent in Charge Jonathan T. McPherson. “Our communities are safer when we remove armed drug dealers from our streets for an extended period of time.”
This case was investigated by the Whitman County Sheriff’s Office, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. This case was prosecuted by Assistant United States Attorney Caitlin Baunsgard.
Case No.: 2:22-CR-024-WFN
Anthony Facos Joins U.S. Attorney’s Office as District’s Law Enforcement CoordinatorRead the Press Release
Burlington, Vermont – United States Attorney Nikolas P. Kerest announced that effective today Anthony Facos has joined the U.S. Attorney’s Office as the new Law Enforcement Coordinator for the District of Vermont.
“Tony brings extensive law enforcement knowledge and experience to this critical position,” said U.S. Attorney Kerest. “He has deep roots in the Vermont law enforcement community and is an incredibly well-respected law enforcement officer in the state. I look forward to working with Tony to continue to maintain and enhance our Office’s relationships with our law enforcement partners and community stakeholders throughout Vermont.”
Facos joins the Office with more than 35 years of state and local law enforcement experience. He spent 33 years with the Montpelier Police Department, including 13 years as Chief of Police. Most recently, Facos served as the Executive Director of the Division of Enforcement and Safety for Vermont’s Department of Motor Vehicles. Facos began his law enforcement career with the Vermont State Police’s Marine Patrol.
Facos has a bachelor’s degree and a master’s degree from Norwich University, in addition to training he received at the Vermont Police Academy and FBI National Academy. He has been an Executive Board Member of the FBI Albany Division’s Joint Terrorism Task Force as well as co-chair of Vermont’s Law Enforcement Advisory Board.
As Law Enforcement Coordinator, Facos’s duties will involve advising the U.S. Attorney on law enforcement issues throughout Vermont. Facos will facilitate communication among federal, state and local law enforcement within the District of Vermont. Facos will serve as liaison and conduit for state and local law enforcement agencies to bring cases for possible federal prosecution with an emphasis on reduction of violent crime. He will also promote community engagement regarding Department of Justice initiatives, law enforcement priorities, and crime prevention activities.
Ada Resident Sentenced for Second Degree MurderRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Stephen Tanner Vineyard, age 31, of Ada, Oklahoma, was sentenced to 200 months in prison for second degree murder.
The charges arose from investigations by the Oklahoma State Bureau of Investigation, the Ardmore Police Department, the Carter County District Attorney’s Office, and the Federal Bureau of Investigation.
On May 10, 2022, Vineyard pleaded guilty to aiding and abetting a Murder in Indian Country – Second Degree. According to investigators, a 59-year-old Ardmore resident sustained multiple shotgun wounds in the early morning hours of June 30, 2014, and was left to die on her front porch. Years later, witnesses came forward and recounted statements Vineyard made at the time of the murder admitting his involvement.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because Vineyard is a member of a federally recognized Indian tribe and the crimes occurred in Carter County, within the boundaries of the Chickasaw Nation Reservation and the Eastern District of Oklahoma.
The Honorable David C. Joseph, U.S. District Judge in the United States District Court for the Western District of Louisiana, sitting by designation, presided over the hearings in Muskogee. Vineyard will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
9 Indicted in Joint Task Force Alpha Investigation as Part of Takedown of Migrant Smuggling OrganizationRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Francisco B. Burrola, Special Agent in Charge of Homeland Security Investigations El Paso, announced today that the indictment against 9 alleged human smugglers was unsealed.
A federal grand jury indicted all 9 defendants on May 18, 2023. According to the indictment and other court records, Jose Luis Avalos, aka “El Gordo,” 40, of El Paso, Texas, allegedly led the human smuggling operation. Avalos and his wife, Kristina Hardin, 41, of El Paso, Texas, were arrested in El Paso on June 1, 2023, and detention hearings are set on June 7, 2023 to determine whether they will remain in custody pending trial, which has not been scheduled. If convicted, Avalos and Hardin each face 20 years in prison.
Avalos’ brother, David Avalos-Solis, 48, of Chaparral, New Mexico, was arrested on May 24, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Avalos-Solis faces 10 years in prison.
Nancy Orellana-Recinos, 37, of Rio Rancho, New Mexico, and a citizen of Guatemala, was arrested in Rio Rancho, New Mexico on June 1, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Orellana-Recinos faces 20 years in prison and will be subject to deportation.
Dario Rey Gamboa, 19, and his twin brother Diego Rean Gamboa, aka “Sunny,” 19, both of Las Cruces, New Mexico, were arrested on May 23, 2023, and June 1, 2023, respectively. Dario Rey Gamboa was released on conditions, and Diego Rean Gamboa is pending a detention hearing to determine whether he will remain in custody pending trial, which has not been scheduled. If convicted, they each face 10 years in prison.
Cindy Marie Escobar, 42, of Lordsburg, New Mexico, was arrested on May 23, 2023, and is pending a detention hearing to determine whether she will remain in custody pending trial, which has not been scheduled. If convicted, Escobar faces 10 years in prison.
Justin Walker, 31, of Las Cruces, New Mexico was arrested on May 27, 2023, and will remain in custody pending trial, which has not been scheduled. If convicted, Walker faces 10 years in prison.
A warrant for the arrest of Adam Guerrero, 38 of Las Cruces, New Mexico has been issued.
An indictment is only an allegation. A defendant is presumed innocent unless and until proven guilty.
Attorney General Merrick B. Garland established Joint Task Force Alpha to marshal the investigative and prosecutorial resources of the Department of Justice, in partnership with the Department of Homeland Security (DHS), to enhance U.S. enforcement efforts against the most prolific and dangerous human smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. JTFA consists of federal prosecutors from border U.S. Attorney’s Offices, from the Criminal Division and the Civil Rights Division, along with law enforcement agents and analysts from HSI and CBP. The FBI and the Drug Enforcement Administration are also part of the task force, along with other interagency partners.
The U.S. Customs and Border Patrol and the U.S. Border Patrol investigated this case. Assistant United States Attorney Randy M. Castellano is prosecuting the case.
# # #
23-120
2 June 2023
Virginia Man Sentenced to 10 Years in Prison for Shooting a Man in Northwest WashingtonRead the Press Release
WASHINGTON – Richard Nduba, 39, of Alexandria, Virginia, was sentenced today to 120 months in prison for firing multiple shots at a man in August 2022 in Northwest Washington D.C., announced U.S. Attorney Matthew M. Graves and Interim Chief Ashan Benedict, of the Metropolitan Police Department.
Nduba was convicted on March 22, 2023, following a three-day trial in the Superior Court of the District of Columbia, of assault with a dangerous weapon and possession of a firearm during the commission of a crime of violence. In addition to the prison term, the Honorable Erik Christian ordered 36 months of supervised release.
According to the government’s evidence, on August 10, 2022, the defendant argued with with the victim, a friend, outside the Walmart on 99 H Street NW around 7:00pm. After the argument, the victim, who is wheelchair bound, went to the 800 block of 1st street NW next to the Walmart’s loading dock area to speak on the phone. The defendant circled the block in his rental SUV until he found the victim. Upon finding the victim, the defendant lowered his window, pointed a black handgun at the victim, and shot at the victim twice. The defendant stopped shooting only after the victim acted as if he had been hit and played dead in his wheelchair. Both shots, however, missed the victim. A bullet hole was later discovered in Walmart’s loading dock door, next to where the victim had been sitting at the time of the shooting.
This case was investigated by the Metropolitan Police Department. It was investigated, prosecuted. and tried by Assistant U.S. Attorneys Omeed Assefi and Colin Cloherty of the Major Crimes Unit of the U.S. Attorney’s Office for the District of Columbia. Valuable assistance was provided by Assistant U.S. Attorneys Kimberly Nielsen and Kathleen Kern, Paralegal Specialist Debra McPherson, and Litigation Technology Specialist Charlie Bruce.
Verona Man Sentenced to 30 Months for Illegal Gun PossessionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Lazerek Austin, 19, Verona, Wisconsin was sentenced today by Chief U.S. District Judge James D. Peterson to 30 months in prison for being a felon in possession of a firearm. Austin pleaded guilty to this charge on February 24, 2023.
On May 31, 2022, Austin was convicted in Dane County Circuit Court of felony car theft, and he was released pending sentencing. Austin failed to appear at sentencing on July 20, 2022, at which time a warrant was issued for his arrest.
Over the course of that summer, law enforcement was monitoring the social media activities of a local street gang in response to retaliatory violence between it and another gang. Detectives found photographs and video of Austin in possession of several different firearms that were posted after he was convicted and failed to appear in court.
On August 17, 2022, detectives located Austin at an apartment in Middleton and arrested him. Inside of the apartment they located a handgun inside of a box in the closet. Austin’s DNA was found on that handgun.
Subsequent investigation found numerous pictures of Austin holding handguns, an AR15, an AK variant, and Glocks that had a full auto switch installed on them. Austin told detectives that one photo was of him holding five handguns that belonged to others. He admitted that he posed in those photos to look tough and said that he kept a gun for protection from others who thought that he did something to wrong them. Some of the photos involved Austin openly holding handguns and AR15’s in parking lots, and many showed him with guns in cars in Madison and Chicago.
At sentencing, Judge Peterson recognized that Austin was a very young man but said that he gave the court no option but to send him to prison because he was a danger to the community. Judge Peterson considered the nature of the photos that Austin posted as showing he was part of a group where he and his friends were reinforcing each other’s bad behavior, and that trajectory was that someone was going to get shot. In weighing the options of protecting the public versus rehabilitation, Judge Peterson said that the court had to stand up for the protection of the community. Austin was also ordered to serve three years of supervised release.
The charge against Austin was the result of an investigation conducted by the Fitchburg, Madison, and Middleton Police Departments, the Dane County Sheriff’s Office Tactical Response Team, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The prosecution of the case has been handled by Assistant U.S. Attorney Corey Stephan.
This case has been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Vermont Man Sentenced to 10 Years Following Jury Conviction for Attempted Enticement of a MinorRead the Press Release
ALBANY, NEW YORK – Thomas Cesiro, age 69, of Rutland, Vermont, was sentenced today to 10 years in prison for attempting to entice a minor to engage in sexual activity.
United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
After a three-day trial, the jury voted to convict Cesiro on October 13, 2022. The trial evidence established that from October 10 to October 20, 2020, Cesiro exchanged more than 1,000 text messages and 9 phone calls with Albany-based investigators who were posing as both a 12-year-old girl and the adult mother of the girl. During one phone call, Cesiro instructed the girl how to conduct a sexual act.
On October 20, 2020, Cesiro traveled from his residence in Rutland to Bennington, Vermont, to meet the purported mother and 12-year-old child, and brought with him various sex devices and gifts for the child, including a vibrating Frozen-themed toothbrush. Cesiro was encountered by law enforcement officials upon his arrival to the meeting location and arrested.
United States District Judge Mae A. D’Agostino also imposed a 10-year term of post-imprisonment supervised release.
This case was investigated by the FBI and its Child Exploitation Task Force, including investigators from the Colonie Police Department, Rotterdam Police Department, and New York State Police, and was prosecuted by Assistant United States Attorneys Rachel Williams and Richard Belliss.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better located, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc/.
Utah County Woman Pleads Guilty to Committing $5M in Securities Fraud from InvestorsRead the Press Release
Salt Lake City, Utah – A Utah woman pleaded guilty Tuesday to securities fraud and admitted she devised a scheme intended to defraud investors and obtain money and property, under false pretenses, to benefit her company, ProSky Inc.
According to court documents, Crystal A. Huang, 41, of Lehi, admitted she knowingly offered investments in her company, ProSky Inc., by providing false promises to potential investors. From February 2015 through February 2020, in the District of Utah and elsewhere, Huang would lull investor victims into a false sense of security about their investments by claiming her company, ProSky Inc., had millions in recurring revenue, when in fact it did not. She further supported her false claims by providing investors with falsified balance sheets, profit and loss statements, bank account statements and customer lists. During her scheme to defraud, Huang obtained approximately $5.025 million from approximately 13 investors and communicated via email, telephone and through an online database. In one transaction, Huang caused a wire transfer of $750,000 to ProSky Inc. via interstate commerce.
Huang is scheduled to be sentenced on August 15, 2023, at 2:00 p.m. in courtroom 8.1 before U.S. District Court Judge David Barlow at the Orrin G. Hatch United States District Courthouse in Salt Lake City, Utah.
U.S. Attorney, Trina A. Higgins, of the District of Utah made the announcement.
The case is being investigated by the FBI Salt Lake City Field Office, Provo Resident Agency.
Assistant U.S. Attorney Mark E. Woolf of the District of Utah is prosecuting the case.
U.S. Attorney Will Thompson Issues Statement Regarding West Virginia State Police Sergeant Fatally Shot in the Line of DutyRead the Press Release
CHARLESTON, W.Va. – United States Attorney Will Thompson issued the following statement regarding West Virginia State Police Sgt. Cory Maynard, who was shot and fatally wounded in the line of duty on Friday, June 2, 2023, in Mingo County.
We join with all West Virginians in grief at the loss of State Police Sgt. Cory Maynard, who was shot and fatally wounded in the line of duty earlier today. Throughout this district, our state and our nation, the men and women of law enforcement put their lives on the line for the safety and protection of us all. Today’s tragedy is a grim reminder of the dangers inherent in that sacred task. Sgt. Maynard proved himself an outstanding example of selfless service and dedication to his community, and we mourn alongside our state and the law enforcement community.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia.
###
Truro Man Pleads Guilty to Illegally Selling at Least 23 Firearms on Cape CodRead the Press Release
BOSTON – A Truro man pleaded guilty yesterday in federal court in Boston to illegally selling firearms.
James McNulty, 61, pleaded guilty to one count of dealing in firearms without a license. U.S. Senior District Court Judge William G. Young scheduled sentencing for Sept. 11, 2023. McNulty was arrested in February 2022.
Between around January 2021 to April 2021, McNulty offered for sale and sold at least 23 firearms that did not belong to him. McNulty personally sold the firearms to other individuals from his residence in Truro in exchange for cash. McNulty does not possess a license to import, manufacture, or deal firearms.
The charge of dealing in firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and James M. Ferguson, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division, made the announcement. Special assistance was provided by the Truro and Provincetown Police Departments. Assistant U.S. Attorneys Charles Dell’Anno and David G. Tobin of Levy’s Criminal Division are prosecuting the case.
Trafficking of Fentanyl, Heroin and Methamphetamine Results in Sentences Totaling 30+ Years in Federal Prison for Two Louisiana MenRead the Press Release
LAFAYETTE, La. – Two men involved in a conspiracy to distribute fentanyl, heroin, and methamphetamine have been sentenced in the Western District of Louisiana, announced United States Attorney Brandon B. Brown. United States District Judge S. Maurice Hicks, Jr. sentenced Robert Joseph Gant, 57, of Jennings, and Randall Tyler, 38, of Lake Charles as follows:
Robert Joseph Gant was sentenced to 210 months (17 years, 6 months) in prison, followed by 5 years of supervised release. Gant pleaded guilty to conspiracy to distribute and possess with intent to distribute heroin and fentanyl.
Randall Tyler was sentenced to 162 months (13 years, 6 months) in prison, followed by5 years of supervised release. Tyler pleaded guilty to conspiracy to distribute and possess with intent to distribute methamphetamine.
The charges in this case stem from an investigation by agents with the U.S. Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI), which began in 2018 and continued through 2020, into the drug trafficking activities of Gant and Tyler, along with other co-conspirators. Law enforcement agents conducted surveillance and received approval to intercept wire communications to and from a co-defendant’s telephone. Through their monitoring of calls and messages sent from that telephone, as well as surveillance and other investigative techniques, agents learned that both Gant and Tyler, as well as other co-conspirators, were selling and distributing narcotics in the south Louisiana area.
Through their further investigation, law enforcement agents obtained evidence that Gant and Tyler were communicating with other co-conspirators regarding the type and quantity of narcotics that would be delivered to Gant and Tyler after this co-conspirator returned to Louisiana from Mexico. Agents were able to track the shipment of these narcotics and obtained search warrants for Gant’s residence and other stash houses. Upon execution of these search warrants, agents recovered approximately 1,017 grams of fentanyl, 260 grams of heroin and 320 grams of methamphetamine. Tyler and Gant were charged along with 14 others, in this Organized Crime Drug Enforcement Task Force (OCDETF) Operation named “Inspired Wrath.”
The case was investigated by the DEA, FBI, Eunice Police Department, Lafayette Police Department, and Louisiana State Police, and prosecuted by Assistant U.S. Attorney Daniel J. Vermaelen.
This effort is part of an ongoing OCDETF operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
# # #
Three sent to prison for Pearland bank robberyRead the Press Release
HOUSTON – Three Houston men have been ordered to federal prison for aiding and abetting bank robbery and brandishing a firearm for the 2021 robbery of a local Woodforest Bank, announced U.S. Attorney Alamdar S. Hamdani.
Alex Dwayne Thomas, 20, and Rafael Fernandez, 29, pleaded guilty Feb. 24 and Jan. 26, respectively.
Today, Judge Alfred H. Bennett sentenced Thomas and Fernandez to 24 and 18 months in prison, respectively, for the bank robbery. They each also received an additional 84 months for the firearms charges which must be served consecutively. The respective 108 and 102-month prison terms will be followed by three years of supervised release.
Accomplice Lorenzo Lewis Smith, 20, Houston, also pleaded guilty and was sentenced to 108 months April 20.
“These men put innocent lives at risk – first when they terrorized bank employees at gunpoint, then by engaging in a reckless escape,” said Hamdani. “Thankfully, authorities were on their heels and put them in custody in short order. This sentence shows our vigilance in combatting violent crime and how we partner with law enforcement to ensure these criminals are off the streets of Houston.”
The charges stem from a violent take-over style robbery of a Pearland area Woodforest Bank Nov. 5, 2021. During the robbery, Thomas jumped over the teller counter while brandishing a 9mm firearm with an extended magazine. Smith then used a crowbar to pry open the cash drawers and stole U.S. currency.
Both then fled to an awaiting get-away car that Fernandez was driving. Authorities pursued the vehicle in a high-speed chase before safely apprehending all three men.
All three men will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
The FBI conducted the investigation with the assistance of the Harris County Sheriff’s Office Task Force officers and the Pearland Police Department. Assistant U.S. Attorney Matthew Peneguy and John M. Lewis prosecuted the case.
Texas Man Gets 57 Months in Prison for Drug Transportation ChargeRead the Press Release
EAST ST. LOUIS, Ill. – A U.S. District judge sentenced a man from Texas to 57 months in federal prison after he admitted to transporting a kilogram of cocaine to Illinois.
In addition to the prison sentence, Henry Garcia-Blanco, 28, of Irving, Texas, will serve three years of supervised release.
“Increased accessibility to illicit drugs creates significant health risks for communities in southern Illinois, and the individuals found responsible for transporting large quantities of dangerous narcotics across our state lines will face time in prison,” said U.S. Attorney Rachelle Aud Crowe. “I appreciate the efforts by the DEA to investigate and arrest offenders and help improve public safety.”
In late 2021, DEA agents began an investigation after learning significant quantities of cocaine were being transported from Texas, through Illinois, and on to St. Louis, Missouri. On Dec. 10, 2021, a confidential source informed agents a drug courier was stuck in Effingham, Illinois. The courier was identified as Garcia-Blanco, and the agents arranged a ride to facilitate his travel.
Law enforcement conducted a traffic stop of the truck and identified the defendant as a passenger. Upon questioning from law enforcement, a positive alert from a trained narcotics K-9 and a subsequent search of the vehicle, officers located a vacuum-sealed brick of what was later confirmed by laboratory testing to be just over a kilogram of cocaine. Garcia-Blanco admitted that he was transporting the cocaine from Texas.
DEA led the investigation, and Assistant U.S. Attorney Daniel S. Carraway prosecuted the case.
Steelton Man Charged with Drug Trafficking and Firearm OffensesRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Leron Harris, age 30, of Steelton, Pennsylvania, was indicted on May 31, 2023, by a federal grand jury on drug trafficking and firearms charges.
According to United States Attorney Gerard M. Karam, the indictment states that Harris distributed and possessed with the intent to distribute cocaine on multiple occasions between August 2022 and March 2023 in Harrisburg and Steelton. The indictment further states that he possessed a firearm in furtherance of his drug trafficking activities.
The case was investigated by the Harrisburg Bureau of Police, Pennsylvania State Police, Dauphin County Drug Task Force, and the Federal Bureau of Investigation. Assistant U.S. Attorney Johnny Baer is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The maximum penalty under federal law for these offenses is a term of life imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
# # #
Salvadoran Man Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Salvadoran man was sentenced yesterday in federal court in Boston for illegally reentering the United States after deportation.
Jose Rodriguez, 42, was sentenced by U.S. District Court Judge Nathaniel M. Gorton to 15 months in prison followed by one year of supervised release. Rodriguez will be subject to deportation proceedings upon completion of his sentence. On March 28, 2023, Rodriguez pleaded guilty to one count of unlawful reentry of a deported alien.
Rodriguez was deported from the United States in April 2018 after serving a three-to-five-year prison sentence for a child rape conviction out of Suffolk County. Sometime after his April 2018 removal, Rodriguez illegally reentered the United States.
Acting United States Attorney Joshua S. Levy and Todd M. Lyons, Field Office Director of the U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations in Boston made the announcement today. Assistant U.S. Attorney Mark Grady of Levy’s Major Crimes Unit prosecuted the case.
Sallisaw Resident Sentenced for Arson in Indian CountryRead the Press Release
MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Felicia Nicholl Bargar, age 35, of Sallisaw, Oklahoma, was sentenced to 36 months in prison and ordered to pay $7,500.00 in restitution for committing Arson in Indian Country.
The charges arose from investigations by the Sallisaw Police Department, the Oklahoma State Fire Marshal, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On May 6, 2022, Bargar pleaded guilty to willfully and maliciously setting fire to and burning a dwelling. According to investigators, in October 2020, Bargar intentionally set fire to a trailer house she was renting after receiving an eviction notice.
“I am thankful for the cooperative investigative work of law enforcement which resulted in the defendant being brought to justice for her senseless and malicious acts," said United States Attorney Christopher J. Wilson.
The United States Attorney’s Office for the Eastern District of Oklahoma prosecuted this case because the defendant is a member of a federally recognized Indian tribe and the crimes occurred in Sequoyah County, within the boundaries of the Cherokee Nation Reservation and within the Eastern District of Oklahoma.
The Honorable Charles B. Goodwin, U.S. District Judge in the United States District Court for the Western District of Oklahoma, sitting by appointment, presided over the hearing in Oklahoma City. Bargar will remain in custody of the U.S. Marshal pending transportation to a designated United States Bureau of Prisons facility to serve a non-paroleable sentence of incarceration.
Assistant United States Attorney Kevin Gross represented the United States.
Salem Man Sentenced for Conspiring to Distribute over Four Kilograms of Fentanyl PillsRead the Press Release
BOSTON – A Salem man has been sentenced in federal court in Boston for conspiring to distribute large amounts of fentanyl.
Jose Esmerlin Diaz, 38, of Salem, was sentenced on May 23, 2023 by U.S. District Court Judge Nathaniel M. Gorton to 52 months in prison and two years of supervised release. In April 2021, Diaz pleaded guilty to one count of conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl. In January 2020, Diaz was arrested and charged with co-defendant Manuel E. Tejeda.
On Jan. 17, 2020, Diaz delivered an estimated 13,770 fentanyl pills (weighing approximately 1.6 kilograms) disguised as 30mg Percocet pills to a cooperating source at a price of $6 per pill. Is it alleged that shortly thereafter, Tejeda and another man arrived in the vicinity of the drug transaction to deliver additional pills, and were found in possession of an estimated 29,742 fentanyl pills (weighing approximately three kilograms). Those additional pills were consistent in appearance with the pills delivered by Diaz and packaged in a similar manner.
Acting United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; Peabody Police Chief Thomas M. Griffin; and Andover Police Chief Patrick Keefe made the announcement today. Assistant U.S. Attorneys Charles Dell’Anno, Craig Estes and Kunal Pasricha of Levy’s Criminal Division prosecuted the case.
The details contained in the charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Rochester Man Charged with Production and Possession of Child PornographyRead the Press Release
ROCHESTER, N.Y. - U.S. Attorney Trini E. Ross announced today that Stephen Nicot, 60, of Rochester, NY, was arrested and charged by criminal complaint with production and possession of child pornography, which carry a minimum penalty of 15 years in prison and a maximum of 30 years.
Assistant U.S. Attorney Meghan K. McGuire, who is handling the case, stated that according to the complaint, in July 2022, the Monroe County Sheriff’s Office received information that Nicot had cameras hidden in a bathroom of his residence. The Sheriff’s office subsequently executed a search warrant at the residence, seizing a USB drive, cell phones, an SD card, and a laptop. A forensic review of the items seized recovered numerous photographs and videos depicting young boys and adult men nude. Some of the videos depicted young boys and adult men showering. Investigators believe some of the videos were taken by the camera hidden in Nicot’s bathroom. In addition, investigators have identified videos that they believe were taken by a camera that Nicot hid in a bathroom, that included a shower, in an Orleans County, NY, church. The investigation has identified five victims.
Anyone with information regarding this case is asked to call the Federal Bureau of Investigation at 1-585-546-2220.
The complaint is the result of an investigation by the Monroe County Sheriff’s Office, under the direction of Sheriff Todd Baxter and the Federal Bureau of Investigation Child Exploitation and Human Trafficking Task Force, under the direction Special Agent-in-Charge Matthew Miraglia.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.
# # # #
Rochester Felon Pleads Guilty to Drug and Gun ChargesRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced that Jesus Santiago, 32, of Rochester, NY, pleaded guilty to possession with intent to distribute marijuana and being a felon in possession of a firearm and ammunition, before U.S. District Judge David G. Larimer. The charges carry a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Cassie Kocher, who is handling the case, stated that on June 23, 2022, Santiago was on supervised release. U.S. Probation officers searched his residence on Glide Street in Rochester, and recovered a loaded 9mm, semi-automatic handgun, ammunition, approximately 362 grams of marijuana, and drug packaging material. In 2016, Santiago was convicted in Erie County, NY Court of Attempted Criminal Possession of a Weapon in the Second Degree. In 2019, he was convicted in the Western District of New York of being felon in possession of a firearm and ammunition. As a result, Santiago is legally prohibited from possessing firearms and ammunition.
The plea is the result of an investigation by U.S. Marshals Service Task Force, under the direction of Marshal Charles Salina, the United States Probation Office, under the direction of Chief Probation Officer Timothy C. Englerth, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito.
Sentencing is scheduled for August 30, 2023, at 2:30 p.m. before Judge Larimer.
Repeat Child Sex Offender Sentenced to 10 Years in Federal Prison for Child Pornography OffenseRead the Press Release
Louisville, KY – A Louisville man was sentenced yesterday to 10 years in federal prison for a child pornography offense.
U.S. Attorney Michael A. Bennett of the Western District of Kentucky made the announcement.
According to court documents, Daniel Guenther, 58, of Louisville was sentenced yesterday to 10 years in federal prison, followed by a life term of supervised release, for attempting to access with intent to view child pornography after having been previously convicted of receiving and possessing child pornography and child molesting.
In 2007, Guenther had previously been convicted of receiving and possessing child pornography in the United States District Court for the Western District of Kentucky and was sentenced to 17 years in prison followed by a life term of supervised release. During his term of supervised release, Guenther was found to be in possession of an unauthorized and unmonitored cellular telephone with internet capabilities and to have used that cellular telephone to attempt to access with intent to view child pornography.
There is no parole in the federal system.
The case was investigated by the United States Probation Office for the Western District of Kentucky with assistance from the United States Secret Service.
Assistant U.S. Attorney Jo E. Lawless prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the 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, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.usdoj.gov/psc. For more information about internet safety education, please visit www.usdoj.gov/psc and click on the tab "resources."
###
Raleigh County Man Sentenced to Prison for Federal Gun CrimeRead the Press Release
BECKLEY, W.Va. – James Pratt, 31, of Beckley, was sentenced today to four years and nine months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on February 25, 2021, Pratt was a passenger in a vehicle pulled over by law enforcement officers in Beckley. Officers found a Browning, model Hi-Power, 9mm pistol and $5,385 in the vehicle during the traffic stop. Pratt admitted to possessing the firearm and the money. Pratt further admitted that he possessed the firearm in connection with his drug trafficking activities, which included receiving four or five ounces of heroin and fentanyl per day that he subsequently distributed.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Pratt knew he was prohibited from possessing a firearm because of his prior felony convictions in Raleigh County Circuit Court for first-degree robbery on August 5, 2010, and child abuse resulting in injury on July 29, 2013.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Raleigh County Sheriff’s Department.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorneys Negar M. Kordestani and Andrew D. Isabell prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-106.
###
Raleigh County Man Sentenced to More than 24 Years in Prison for Child Exploitation CrimeRead the Press Release
BECKLEY, W.Va. – James Edward Cook, 43, of Arnett, was sentenced today to 24 years and four months in prison, to be followed by 25 years of supervised release, for attempted enticement of a minor. Cook must also register as a sex offender.
According to court documents and statements made in court, in December 2021, Cook began communicating with an individual on Facebook he believed to be a 9-year-old girl living in Beckley. Cook admitted that he discussed sexually explicit topics with the minor female, offered to teach her about sex, and encouraged her to take pictures of herself masturbating. Cook further admitted that he explained to the minor female that he wanted to be her first sexual partner and described his intentions in explicit detail using graphic language. Cook promised gifts to the minor female, including a cell phone.
Cook spoke to the minor female twice by telephone. Cook admitted to instructing her to prepare for their sexual intercourse, explaining that it might hurt and telling her to wash her genitals in advance. Cook further admitted that he told the minor female he would make a video of them having sexual intercourse for the first time, and discussed getting the minor female pregnant in the future.
On December 28, 2021, Cook arranged to meet the minor female outside a Raleigh County school. Cook admitted that he coached the minor female on what to tell the driver who would pick her up. Cook obtained a ride from a friend to pick up the minor female at the school. When Cook arrived at the location that evening, he was arrested by law enforcement.
A forensic analysis of Cook’s cell phone and Facebook account revealed multiple conversations in which Cook discussed sexual activities with minor children, including Cook boasting that he had previously engaged in sexual intercourse with children as young as 12.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Federal Bureau of Investigation (FBI) West Virginia Human Trafficking and Child Exploitation Task Force, the West Virginia Crimes Against Children (ICAC) Task Force, and the West Virginia State Police.
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Julie M. White prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:22-cr-43.
###
Project Manager Sentenced for False Statements Regarding Lead Contamination at City Park, Firm Pays $2 Million RestitutionRead the Press Release
KANSAS CITY, Mo. – A project manager has been sentenced in federal court for misleading federal authorities about lead contamination in a Granby, Mo., city park after he was hired to conduct remediation at the site.
Lynn Eich, 65, of Dewitt, Iowa, was sentenced by U.S. Chief District Judge Beth Phillips on Thursday, June 1, to five years of probation and ordered to pay a $40,000 fine.
Eich’s employer, Environmental Quality Management, has paid more than $2 million in restitution in two federal civil settlements. Environmental Quality Management paid $1,708,748 in a federal civil settlement agreement related to violations of the Comprehensive Environmental Response, Compensation, and Liability Act, and $338,119 in a federal civil settlement agreement related to violations of the False Claims Act. These settlement agreements, executed on April 24, 2023, fully compensates the government for its costs to remove lead contamination from the Granby park.
On July 28, 2022, Eich pleaded guilty to one count of making a false statement relating to a federal environmental remediation contract.
Eich was employed by Environmental Quality Management as the project manager for a soil remediation project in Newton County, Mo. The remediation company was awarded a contract from the U.S. Army Corps of Engineers and the Environmental Protection Agency, which ultimately totaled nearly $12 million, to perform mine waste remediation at the Newton County Mine Waste Remediation Superfund Site in and around Granby. This area had been previously contaminated with lead in the surface soil deposited through historical mining and smelting operations in the area.
The contract required the removal of contaminated soil and backfilling some areas, including Granby City Park, using clean fill material. According to court documents, Eich caused further contamination of the site then misled federal administrators about the extent of the contamination.
Approximately one month before it was awarded the contract for the Newton County project, the remediation company was also awarded an EPA contract in Oronogo, Mo., to complete a similar but larger soil remediation project. The receipt of both contracts was not expected and caused Eich to request a personnel change to the Newton County project’s Quality Assurance, Quality Control (QAQC) Manager in order to complete both contracts. Eich represented to the Corps of Engineers that the replacement for the QAQC Manager had comparable experience as the person listed on the original application and that the replacement was qualified to fulfill the duties of a QAQC Manager on the Newton County project. In fact, the replacement QAQC Manager was not qualified and had little to no experience testing soil for hazardous materials.
Between Sept. 12 and Oct. 19, 2016, the QAQC Manager failed to properly test fill material that was used to remediate Granby City Park.
On Oct. 14, 2016, the site superintendent, who reported to Eich, received laboratory analysis of two samples taken from the offsite borrow source. One sample indicated lead levels of 640 mg/kg and the other indicated a lead level of 720 mg/kg, both in excess of the contractual requirement of less than 100 mg/kg. The results of these samples were not reported to the EPA or the Corps of Engineers as required by federal environmental laws.
On June 4, 2018, Eich called the Corps of Engineers and indicated that a “hot spot” had been detected in Granby City Park. During the call, Eich misrepresented the scope of the area of contamination at the park by stating that it was less than 1,000 cubic yards. Eich also submitted a map of Granby City Park that showed a limited area of contamination when, as Eich knew, lead contamination was pervasive through the entire park.
Eich admitted that he intentionally made this false statement and provided false information regarding the scope and amount of lead contamination at Granby City Park.
The EPA then conducted its own sampling of Granby City Park, followed by additional sampling by the EPA National Enforcement Investigations Center, which found Granby City Park was still contaminated by lead in the soil. The EPA was required to hire another remediation contractor to conduct a removal project of Granby City Park. The removal project required removal of the contaminated backfill and soil from the park to ensure the health and safety of the community. The removal project was completed in June 2021, resulting in additional costs to the EPA.
This criminal case was prosecuted by Assistant U.S. Attorneys Brent Venneman and Casey Clark. It was investigated by the Environmental Protection Agency, Office of Inspector General; the Environmental Protection Agency Criminal Investigative Division; the Department of Defense, Office of Inspector General, Defense Criminal Investigative Service; and the Army Criminal Investigative Division, Major Procurement Fraud Unit.
The civil cases were executed by the Environmental Protection Agency Office of Regional Counsel and the U.S. Attorney’s Office Civil Division Chief Jeff Ray.
Portsmouth Man Pleads Guilty to Possessing Machine GunRead the Press Release
NORFOLK, Va. – A Portsmouth man pleaded guilty today to possessing a machine gun.
According to court documents, Trashawn Newsome, 21, was in possession of a machine gun on October 6, 2022. That day, Chesapeake Police officers were investigating a vehicle reported stolen in the vicinity of Camelot Boulevard. Newsome was observed speaking with the occupants of the stolen vehicle. Officers attempted to stop the vehicle and ordered Newsome and another individual to the ground. The stolen vehicle fled the scene and Newsome walked back to his vehicle and put an item into the car through the driver’s side door before getting onto the ground. Officers observed a firearm magazine on the ground inches away from Newsome as he was being detained. A narcotics K9 conducted an open-air sniff around his vehicle and alerted to the front driver’s side door. Officers recovered from the vehicle approximately 120 grams marijuana; a scale; plastic baggies; and a Glock 22, Gen 4 semi-automatic pistol with an extended magazine and an attached component that converted the handgun into a fully automatic gun.
Newsome is scheduled to be sentenced on November 30. He faces a maximum penalty of 10 years in prison. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Jessica D. Aber, U.S. Attorney for the Eastern District of Virginia; Brian Dugan, Special Agent in Charge of the FBI’s Norfolk Field Office; and Mark G. Solesky, Chief of Chesapeake Police, made the announcement after U.S. Magistrate Judge Robert J. Krask accepted the plea.
Assistant U.S. Attorney Amanda Cheney is prosecuting the case.
This case is part of Project Safe Neighborhoods (PSN), which is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:23-cr-36.
Owner of Several Key West Hospitality Staffing Companies Sentenced for Tax and Immigration CrimesRead the Press Release
A Florida man was sentenced yesterday to two years and eight months in prison for conspiring to defraud the United States and conspiring to harbor aliens and induce them to remain in the United States.
According to court documents and statements made in court, between November 2010 and October 2020, Batyr Myatiev owned and operated several Key West labor staffing companies, including Best Results Total Services, Inc, Ameri Hosp LLC, and Golden Sands Management, LLC, that facilitated the employment of non-resident aliens in hotels, bars, and restaurants operating in Key West and elsewhere who were not authorized to work in the United States. Myatiev encouraged workers to enter the United States illegally and induced them to remain in the country, in violation of immigration laws. Myatiev’s labor staffing companies paid alien workers without withholding federal income and employment taxes from their wages and did not report said wages to the IRS.
In addition to the term of imprisonment, U.S. District Court Judge K. Michael Moore ordered Myatiev to serve three years of supervised release and to pay approximately $6,869,869.80 in restitution to the United States.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and U.S. Attorney Juan Antonio Gonzalez for the Southern District of Florida made the announcement.
IRS-Criminal Investigation and Homeland Security Investigations are investigating the case.
Senior Litigation Counsel Sean Beaty and Trial Attorneys Jessica A. Kraft, Nicholas J. Schilling, Jr., Matthew C. Hicks, and Wilson Stamm of the Justice Department’s Tax Division and Senior Litigation Counsel Christopher J. Clark for the Southern District of Florida are prosecuting the case.
Ohio Man Found Guilty of Assault on Law Enforcement Charges Connected to Jan. 6 Capitol BreachRead the Press Release
WASHINGTON — An Ohio man was found guilty of assaulting law enforcement officers related to the breach of the U.S. Capitol on Jan. 6, which disrupted a joint session of the U.S. Congress in the process of ascertaining and counting the electoral votes related to the presidential election.
Kenneth Joseph Owen Thomas, 41, of East Liverpool, Ohio, was found guilty yesterday in U.S. District Court in the District of Columbia of four counts of assaulting, resisting or impeding certain officers; obstruction of law enforcement during civil disorder; and engaging in physical violence on Capitol grounds. U.S. District Court Judge Dabney L. Friedrich scheduled a sentencing hearing for September 6, 2023.
Thomas was on the Upper West Terrace at 3:30 p.m. standing in front of a line of police officers who were preventing the rioters from advancing further towards the Capitol. When the crowd surged forward against the police line, Thomas twice charged the line of police officers, striking two Metropolitan Police Department (MPD) officers with his hands and shoving them. Thomas’ assaults against these two MPD officers were captured on police body worn cameras (BWC) and in many open-source videos from the scene.
Then, approximately an hour later in a different part of the Upper West Terrace, Thomas was captured on MPD BWC footage advancing toward a line of law enforcement and pushing against their shields.. At 4:26 p.m., officers began to advance to dispel the crowd of rioters from the steps. Thomas turned toward rioters and ordered them to “hold the line” against advancing officers, repeating this statement fifteen times as he locked arms with the other rioters and pushed against the offices. Then, at 4:28 p.m., again as officers attempted to clear the Upper West Terrace, Thomas rushed to the head of the line of rioters and twice threw himself into an MPD officers while yelling to the rioters “hold the fucking line.” In subsequent interviews, law enforcement officers confirmed the attack and stated Thomas “was one of the first to come in and start hitting [and] pushing officers on the line.”
The case is being prosecuted by the U.S. Attorney’s Office for the District of Columbia and the Department of Justice National Security Division’s Counterterrorism Section. Valuable assistance was provided by the U.S. Attorney’s Office for the Northern District of Alabama.
The case is being investigated by the FBI’s Washington Field Office, who identified Thomas as #214 on their seeking information photos, as well as the MPD, with significant assistance provided by the FBI’s Birmingham Field Office.
In the first 28 months since Jan. 6, more than 1,000 individuals have been arrested on charges related to the Capitol breach, including more than 320 individuals charged with assaulting or impeding law enforcement. The investigation remains ongoing.
Anyone with tips can call 1-800-CALL-FBI (800-225-5324) or visit tips.fbi.gov.
Officers Seize 82 Firearms, Machine Guns, During Arrest of Three Men Charged with Gun Trafficking Conspiracy, Drug TraffickingRead the Press Release
KANSAS CITY, Mo. – Law enforcement officers seized 82 firearms, including machine guns, during the arrest of three Kansas City, Mo., metropolitan area men charged with participating in a conspiracy to traffic firearms, including machine guns, and with drug trafficking.
Alejandro Zavala, 23, and Cody Bonhomme, 30, both of Kansas City, Mo., and Kaleb Acuna, 22, of Independence, Mo., were charged in a two-count complaint filed under seal in the U.S. District Court in Kansas City, Mo., on Thursday, May 25. That complaint was unsealed and made public following the arrest and initial court appearances of the defendants, who remain in federal custody pending a detention hearing.
Zavala is the owner of A&M Auto Sales, a used car dealership at 7001 E. Truman Road in Kansas City, Mo.
Law enforcement officers executed search warrants at their residences and arrested Zavala, Bonhomme, and Acuna on Wednesday, May 31. Officers seized approximately 1.5 pounds of cocaine, 82 firearms, four silencers and 34 suspected machine gun conversion devices.
The federal criminal complaint charges Zavala, Bonhomme and Acuna with one count of conspiracy to traffic firearms and one count of distributing and possessing with the intent to distribute marijuana and cocaine.
According to an affidavit filed in support of the federal criminal complaint, a confidential informant told investigators with the Bureau of Alcohol, Tobacco, Firearms and Explosives that Zavala has several individuals who assist him in an ongoing operation to distribute large amounts of cocaine, firearms, and machine gun conversion devices. The informant told investigators that Zavala maintained several stash houses in the Kansas City area, where he kept firearms and illegal drugs. Bonhomme allegedly lived in one of those houses and sold firearms and drugs from the house. Acuna allegedly lived in another of the houses and sold firearms and drugs from the house.
The complaint alleges that, from March 1 to May 31, 2023, Zavala, Bonhomme and Acuna conspired to traffic firearms to another person, knowing the firearms were illegal for that person to possess. Eleven firearms, which were sold to an undercover law enforcement officer or a confidential informant, included an Anderson AM-15 multi-caliber semi-automatic pistol, a Polymer80 9mm pistol without a serial number (converted to a machine gun), a Polymer80 pistol without a serial number with an uninstalled machine gun conversion device, four Anderson AM-15 multi-caliber semi-automatic pistols (converted to machine guns), a Glock .40-caliber pistol (converted to a machine gun), a DPMS multi-caliber (converted to a machine gun), and two Polymer80 9mm pistols without serial numbers. The complaint also alleges the trafficking of marijuana and cocaine occurred during the same time period.
The charges contained in this complaint are simply accusations, and not evidence of guilt. Evidence supporting the charges must be presented to a federal trial jury, whose duty is to determine guilt or innocence.
This case is being prosecuted by Assistant U.S. Attorney David A. Barnes. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Norfolk Woman Sentenced for Methamphetamine ConspiracyRead the Press Release
United States Attorney Steven Russell announced that Karina Rae Dieter, 51, of Norfolk, Nebraska, was sentenced today in federal court in Omaha for her participation in a methamphetamine conspiracy. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Dieter to 120 months’ imprisonment. There is no parole in the federal system. After her release from prison, Dieter will begin a four-year term of supervised release.
In May 2020, the Holt County Sheriff’s Office, Nebraska State Patrol, and United States Postal Inspection Service began investigating a methamphetamine drug trafficking organization based out of the Norfolk area. As part of the investigation, it was determined that Katherine Tacheira was sending packages from California to recipients in Norfolk. Dieter was found to have received 198 grams of methamphetamine from the packages. When she was arrested on the federal warrant, Dieter was in possession of 93 grams of pure methamphetamine. In addition to Dieter, Dallas Rhinehart, and Lindsey Rokahr were also found to have received packages of methamphetamine from Tacheira.
Tacheira was sentenced on May 17, 2023, to 120 months’ imprisonment. Rhinehart was sentenced on March 13, 2023, to 130 months’ imprisonment. Rokahr has entered a guilty plea to the conspiracy and is set for sentencing on August 4, 2023.
New Orleans Man Federally Indicted for CarjackingRead the Press Release
NEW ORLEANS, LOUISIANA – Today, DEVON FRITH, age 24, a resident of New Orleans, Louisiana, was charged in a two-count indictment for violation of the Carjacking statute and the Federal Gun Control Act, announced U.S. Attorney Duane A. Evans.
FRITH is charged in Count One with Carjacking in violation of Title 18, United States Code, 2119 and in Count Two with Brandishing a Firearm in Furtherance of a Crime of Violence, in violation of Title 18, United States Code, Sections 924(c)(1).
As to Count One, FRITH faces a term imprisonment of not more than 15 years, a fine of up to $250,000, and up to 3 years of supervised release; as to Count Two, he faces a mandatory minimum sentence of 7 years and a maximum term of life imprisonment, up to a $250,000 fine, and up to three years of supervised release. Each count also carries a mandatory special assessment fee of $100.
U.S. Attorney Evans reiterated that the indictment is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
The case was investigated by the Jefferson Parish Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant United States Attorney Mark A. Miller of the Violent Crimes Unit is assigned to the prosecution of this case.
New Orleans Man Charged with Federal Drug and Firearm ViolationsRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced that LARRY WILLIAMS, age 37, of New Orleans, was indicted today for charges involving firearms and narcotics, announced U.S. Attorney Duane A. Evans.
Count 1 charged WILLIAMS with possession with intent to distribute 40 grams or more of fentanyl, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(B). For this offense, he faces a statutory mandatory minimum sentence of five years, up to forty years imprisonment, a fine of up to $5,000,000, and at least four years of supervised release following any term of imprisonment.
Count 1 also charged WILLIAMS with possession with intent to distribute cocaine, hydrocodone, and Tapaentadol, in violation of Title 21, United States Code, Sections 841(a)(1) and 841(b)(1)(C). For this offense, he faces up to twenty years imprisonment, a fine of up to $1,000,000, and at least three years of supervised release following any term of imprisonment.
Count 2 charged WILLIAMS with possession of a firearm in furtherance of drug trafficking, in violation of Title 18, United States Code, Section 924(c)(1)(A). For this offense, he faces at least five years imprisonment and up to life imprisonment, consecutive to any other sentence, a fine of up to $250,000, and up to three years of supervised release following any term of imprisonment.
Count 3 charged WILLIAMS with being a felon in possession of a firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2). For this offense, he faces up to ten years imprisonment, a fine of up to $250,000, and up to three years of supervised release.
For each of the counts in which the defendant is charged, he faces payment of a $100 mandatory special assessment fee.
U.S. Attorney Evans reiterated that the indictment is merely a charging document and that the guilt of the defendant must be proven beyond a reasonable doubt.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
This case was investigated by the Federal Bureau of Investigation and the New Orleans Police Department. The prosecution is being handled by Assistant United States Attorney Nicholas D. Moses, Health Care Fraud Coordinator.
Navajo Man Sentenced to over 15 Years for Second Degree MurderRead the Press Release
PHOENIX, Ariz. – Adren Yazzie, 39, of Blue Gap, Arizona, was sentenced last week by United States District Judge G. Murray Snow to 15.5 years in prison, followed by five years of supervised release. Yazzie pleaded guilty to second degree murder.
In June 2022, Yazzie struck the victim in the head multiple times with a shovel, killing him. Both Yazzie and the victim are members of the Navajo Nation.
The Federal Bureau of Investigation and the Navajo Nation Division of Public Safety conducted the investigation. Assistant United States Attorney Kiyoko Patterson, District of Arizona, Phoenix, handled the prosecution.
CASE NUMBER: CR-22-8078-PCT-GMS
RELEASE NUMBER: 2023-082_Yazzie# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Medical Examiner: 5 Suspected Overdose Deaths in One DayRead the Press Release
CLEVELAND – Cuyahoga County Medical Examiner Dr. Thomas Gilson, today issued a public health alert, stating that Cuyahoga County suffered at least 5 suspected overdose deaths within a 12-hour-period on June 1, 2023.
Death Date Month Death Date Day Death Day Year Sex (AFAB/AMAB) Age Hispanic Race Residence City 06 01 2023 Male 38 No White Broadview Heights 06 01 2023 Female 32 Yes White Cleveland 06 01 2023 Male 63 Yes White Cleveland 06 01 2023 Male 52 No White Cleveland 06 01 2023 Female 70 No White Parma
“Drug overdose continues to be a problem in our community with periodic clusters of deaths like yesterday,” Dr. Gilson warned. “Individuals should avoid using illicit drugs or use a harm reduction plan in the event they are unable to stop using. Treatment can help with long-term sobriety.”
Consider developing a personal harm reduction plan if you or anyone that you know is actively using or recovering from opioid addiction. Harm reduction plans can include the following: • Have Naloxone and fentanyl test strips ready. Naloxone and fentanyl test strips will work with most fentanyl analogues.
• Don’t use drugs alone. There is a much higher risk of fatally overdosing if another person is not monitoring.
• Sit upright. Sitting upright can reduce the risk of slumping forward in an overdose – potentially causing airway obstruction.
• Call 911 (Good Samaritan). The Good Samaritan Law provides immunity for a minor drug possession or drug paraphernalia offense for the person who overdosed and the person who called 911 to seek help.
• Seek Treatment. As with most chronic diseases, addiction is treatable. While treatment may vary upon an individual’s needs, recovery is possible.
For a list of community resources, please visit: https://www.testyourdrugscc.com
Maryland Man Sentenced to over Five Years in Federal Prison for COVID-19 Fraud and Aggravated Identity Theft SchemesRead the Press Release
Baltimore, Maryland – U.S. District Judge Stephanie A. Gallagher sentenced Olaolu Alabi, age 40, of Owings Mills, Maryland, to 66 months in federal prison, followed by three years of supervised release, after Alabi pleaded guilty to conspiracy to commit wire fraud, conspiracy to commit access device fraud and aggravated identity theft, in relation to multiple financial fraud schemes. Judge Gallagher also ordered Alabi to pay a forfeiture money judgment of $500,000 and will determine the amount of restitution at a later date.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge James C. Harris of Homeland Security Investigations (“HIS”) Baltimore; Special Agent in Charge Karen L. Brown Cleveland of the U.S. Department of State, Diplomatic Security Service (“DSS”), Washington Field Office; Special Agent in Charge Troy Springer, of the National Capital Region of the U.S. Department of Labor-Office of Inspector General (“DOL-OIG”); and Postal Inspector in Charge Damon E. Wood of the U.S. Postal Inspection Service – Washington Division.
According to his plea agreement, from June 2019 until August 5, 2020, Alabi conspired with multiple individuals to defraud victim businesses, individuals and financial institutions through business email compromise schemes and/or COVID-19 Coronavirus Aid, Relief, and Economic Security (“CARES”) Act unemployment insurance (“UI”)fraud schemes to obtain more than $1.5 million. From March 2020 to August 2020, Alabi and his co-conspirators used and trafficked in unauthorized access devices and in that scheme alone, they obtained more than $400,000 in UI and other COVID-19 related benefits that were loaded onto debit cards. Alabi admitted that he personally obtained at least $500,000 from his participation in these fraud schemes, which he used for his personal benefit, including a trip to Hawaii for himself and two friends.
As detailed in the plea agreement, Alabi used the personal identifying information (“PII”) of individuals without their knowledge or permission to fraudulently obtain identity documents and obtain UI benefits. For example, Alabi obtained a driver’s license in the name of one victim and obtained fraudulent UI benefits in the names of two other victims. Alabi also used at least two aliases, obtaining fake passports and backup documentation for each of his aliases. Alabi used the fraudulent documents to open bank accounts in the names of identity theft victims and in his aliases, which were used to deposit proceeds of the fraud schemes. In addition, Alabi created limited liability companies (“LLCs”) which were used in the fraud schemes to hide the conspirators’ identities and frustrate the efforts of financial institutions and law enforcement.
Alabi admitted using an encrypted text messaging application to communicate with his co-conspirators, including Idowu Raji, about the timing of victim fund deposits into accounts Alabi controlled, withdrawing the fraud proceeds from the bank accounts receiving the funds, and using debit cards loaded with UI funds. Alabi also had in-person conversations with co-conspirator Raji.
Further, on September 30, 2019, Alabi deposited a $44,180.55 check, made payable to one of the LLCs he’d established, into a bank account opened in the name of that company. The check was part of more than $300,000 that had been obtained from a victim business, Victim T. As part of a business email compromise (“BEC”) scheme, Victim T sent the money to accounts controlled by Alabi’s co-conspirators, thinking that it was paying its actual debts. A cashier’s check for $44,173.50, also part of the $300,000 obtained from Victim T, was deposited into another bank account controlled by Alabi. In another instance, fraudulent emails from Alabi’s co-conspirators about paying an invoice caused Victim LSI, a company in Ohio, to send or transfer more than $500,000 to accounts controlled by Alabi and the co-conspirators.
Alabi also admitted that in April 2020 a separate victim, a community college lost $293,565, based on fraudulent emails purporting to be from one of its vendors. The emails advised that the vendor was no longer accepting checks for payment and provided wiring instructions. The emails came from the vendor point of contact’s real email address after the conspirators gained access to the account. The victim community college wired the funds into a bank account controlled by the conspirators, who then transferred the funds to other accounts and purchased cashier’s checks. Eventually, the vendor reached out to the victim community college about the overdue amount and the community college then realized it had been defrauded, causing a significant hardship for the community college.
On August 5, 2020, federal agents executed a search warrant at Alabi’s residence and seized and searched his cell phone. Conversations in the messaging app included exchanges related to fraudulent unemployment insurance claims. For example, as detailed in messages, on June 30, 2020, Alabi travelled to Raji’s residence and picked up debit cards containing unemployment insurance benefits obtained using the personal identifying information of real persons. Alabi then went to a U.S. Post Office where he used the debit cards from Raji to purchase a total of 19 separate $1,000 money orders.
On May 20, 2022, co-conspirator Idowu Raji, age 41, of Baltimore County, Maryland, was sentenced to 94 months in federal prison for conspiracy to commit access device fraud, access device fraud, and aggravated identity theft. The Court also ordered Raji to pay $1,793,472 in restitution.
The District of Maryland Strike Force is one of three strike forces established throughout the United States by the U.S. Department of Justice to investigate and prosecute COVID-19 fraud, including fraud relating to the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act. The CARES Act was designed to provide emergency financial assistance to Americans suffering the economic effects caused by the COVID-19 pandemic. The strike forces focus on large-scale, multi-state pandemic relief fraud perpetrated by criminal organizations and transnational actors. The strike forces are interagency law enforcement efforts, using prosecutor-led and data analyst-driven teams designed to identify and bring to justice those who stole pandemic relief funds.
For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus. Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
United States Attorney Erek L. Barron commended HSI, DSS, DOL-OIG, and the U.S. Postal Inspection Service for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Harry M. Gruber, who prosecuted the case. He also recognized the assistance of the Maryland COVID-19 Strike Force Paralegal Specialist Joanna B.N. Huber.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md.
# # #
Man accused of shooting three HPD officers to appear in courtRead the Press Release
HOUSTON – A 31-year-old Houston resident is scheduled for his first appearance in federal court on charges of carjacking, discharging a machine gun during a crime of violence, possession of a machine gun and being a felon in possession of a firearm, announced U. S. Attorney Aldamar Hamdani.
Roland Caballero is set to appear before U.S. Magistrate Judge Sam S. Sheldon at 3:15 p.m. A federal grand jury returned the indictment Feb. 16, 2022, but he has remained in state custody on related charges.
On Jan. 27, 2022, Caballero was allegedly involved in an altercation with his girlfriend which resulted in a 911 call. The criminal complaint alleges authorities allegedly responded, but he fled. They pursued until Caballero ultimately crashed his vehicle, according to the charges. At that time, he allegedly shot and wounded three Houston Police Department (HPD) officers using a pistol modified with a fully automatic switch.
Caballero then fled the scene on foot and carjacked a nearby citizen in a vehicle, according to the criminal complaint. Law enforcement located him and a stand-off allegedly ensued. Caballero, again, allegedly discharged a firearm at authorities, after which he ultimately surrendered.
Law enforcement executed a search warrant on Caballero’s residence and allegedly discovered several firearms, ammunition, machine gun components and 3D printers.
If convicted, Caballero faces up to life in prison and a possible $250,000 maximum fine.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, HPD and the Texas Department of Public Safety conducted the investigation. Assistant U.S. Attorney Britni Cooper is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Man Sentenced for Sex Trafficking Minors in the PhilippinesRead the Press Release
U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin joins Assistant Attorney General Kenneth A. Polite, Jr., of the Justice Department’s Criminal Division, in announcing Donald A. Stenson, 67, of West Allis, Wisconsin, was sentenced today to ten years in prison for sex trafficking multiple minors in the Philippines. He was also ordered to pay $40,000 in restitution and a $10,000 special assessment. Following his release from prison, Stenson will spend ten years on supervised release.
According to court documents, Stenson traveled to the Philippines on multiple occasions starting in 2007 and repeatedly engaged in sexual activity with minors there. Between 2016 and 2019, Stenson lured five minor victims between the ages of approximately 11 and 17 into commercial sex arrangements, engaged in sexual activity with the victims, and then provided them with money and gifts.
A search of Stenson’s electronic devices uncovered multiple images and videos of the minor victims, including a video depicting Stenson engaging in sex acts with a minor. The search also uncovered sexually explicit messages with minors and messages in which Stenson discussed with John Burgdorff about engaging in sex acts with the minor victims. Burgdorff traveled with Stenson to the Philippines, and Stenson encouraged the victims to meet with Burgdorff, who then also engaged them in commercial sexual activity.
Stenson was identified based on a CyberTipline Report from the National Center for Missing and Exploited Children (NCMEC). Stenson and Burgdorff were both arrested at Burgdorff’s residence in West Allis and charged as co-defendants in connection with their sex trafficking of these minor victims. On November 3, 2022, Burgdorff was sentenced to two and a half years in prison for engaging in illicit sexual conduct with a minor in a foreign place.
The U.S. Immigration and Customs Enforcement’s Homeland Security Investigations (HSI) in Milwaukee, HSI’s Manila Transnational Criminal Investigation Unit, and Philippine Authorities investigated the case.
Trial Attorney William G. Clayman of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Abbey M. Marzick of the Eastern District of Wisconsin prosecuted the case, with assistance from CEOS Trial Attorney Kaylynn Foulon.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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.justice.gov/psc.
# # #
For Additional Information Contact:
Public Information Officer
414-297-1700
Follow us on Twitter
Man Sentenced for Sex Trafficking Minors in the PhilippinesRead the Press Release
A Wisconsin man was sentenced today to 10 years in prison for sex trafficking multiple minors in the Philippines.
According to court documents, Donald A. Stenson, 67, of West Allis, traveled to the Philippines on multiple occasions starting in 2007 and repeatedly engaged in sexual activity with minors there. Between 2016 and 2019, Stenson lured five minor victims between the ages of approximately 11 and 17 into commercial sex arrangements, engaging in sexual activity with the victims and then providing them with money and gifts.
A search of Stenson’s electronic devices uncovered multiple images and videos of the minor victims, including a video depicting Stenson engaging in sex acts with a minor. The search also uncovered sexually explicit messages with minors and messages in which Stenson discussed engaging in sex acts with the minor victims with John Burgdorff, 66, of West Allis. Burgdorff traveled with Stenson to the Philippines, and Stenson encouraged the victims to meet with Burgdorff, who then also engaged them in commercial sexual activity.
Stenson was identified based on a CyberTipline Report from the National Center for Missing and Exploited Children (NCMEC). Stenson and Burgdorff were both arrested at Burgdorff’s residence in West Allis and charged as co-defendants in connection with their sex trafficking of these minor victims. Burgdorff was sentenced in November 2022 to two and a half years in prison for engaging in illicit sexual conduct with a minor in a foreign place.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division, U.S. Attorney Gregory J. Haanstad for the Eastern District of Wisconsin, and Special Agent in Charge Sean Fitzgerald of Homeland Security Investigations (HSI) Chicago made the announcement.
HSI Milwaukee, HSI’s Manila Transnational Criminal Investigation Unit, HSI Bangkok, and Philippine authorities investigated the case.
Trial Attorney William G. Clayman of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS) and Assistant U.S. Attorneys Megan J. Paulson and Abbey M. Marzick for the Eastern District of Wisconsin prosecuted the case, with assistance from CEOS Trial Attorney Kaylynn Foulon.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s 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.justice.gov/psc.
Madison County Man Sentenced to 30 Years for Production of Child PornographyRead the Press Release
LEXINGTON, Ky.— A Madison County man, Donald Caudy, III, 43, was sentenced to 30 years in federal prison on Friday, by Chief U.S. District Judge Danny C. Reeves, after pleading guilty to one count of using a minor to create visual depictions of a minor engaging in sexually explicit conduct.
The investigation began in May 2022, when the Michigan State Police were investigating an individual suspected to be involved in crimes involving the possession of child pornography. While reviewing evidence obtained in that case, law enforcement discovered that the individual from Michigan had received multiple sexually explicit images of the same child, from another individual, and had been involved in chat conversations involving graphic discussion of the sexual assault of children.
The investigation ultimately revealed that the person responsible for sending the images of the minor and engaging in the graphic chats with the Michigan suspect was Donald Caudy, III, who resided in Madison County, Kentucky. During a search of Caudy’s electronic devices, multiple sexually explicit images of a four-year-old child were discovered. The images were the same images that had been distributed to the suspect in Michigan. Caudy admitted that he was responsible for creating the sexually explicit images and, ultimately, distributing them to the suspect in Michigan.
Caudy pled guilty in February 2023.
Under federal law, Caudy must serve 85 percent of his prison sentence. Upon his release from prison, he will be under the supervision of the U.S. Probation Office for twenty years.
Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Department of Homeland Security, Homeland Security Investigations - Nashville; and Col. Phillip Burnett, Jr., Commissioner of the Kentucky State Police, jointly announced the sentence.
The investigation was conducted by HSI and the KSP. The United States was represented by Assistant U.S. Attorney Erin Roth.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
– END –
Lynn Woman Pleads Guilty to Stealing Social Security BenefitsRead the Press Release
BOSTON – A Lynn woman has pleaded guilty to stealing over $50,000 in Social Security benefits.
Teresa M. Carrington, 65, pleaded guilty on May 31, 2023 to one count of theft of public funds. U.S. District Court Judge Denise J. Casper scheduled sentencing for Aug. 29, 2023. Carrington was indicted by a federal grand jury in January 2022.
Carrington’s mother died in May 2016. From June 2016 through January 2020, Carrington stole at least $50,210 in Social Security Administration Retirement Insurance benefits that were paid to her deceased mother. Carrington also wrote multiple checks on her deceased mother’s bank account and each check was made payable to Carrington who forged her mother’s signature.
The misdemeanor charge of theft of public funds provides for a sentence of up to one year in prison, one year of supervised release, five years of probation, and a fine of $100,000 or twice the gross gain or loss, whichever is greater. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy and Sharon MacDermott, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations, Boston Field Division, made the announcement today. Assistant U.S. Attorney Suzanne Sullivan Jacobus of Levy’s Major Crimes Unit is prosecuting the case.
Lochbuie Man Sentenced to Thirty Years in Federal Prison for Production of Child PornographyRead the Press Release
DENVER - The United States Attorney’s Office for the District of Colorado announces that Steven Patrick McConnell, age 32, from Lochbuie, Colorado, was sentenced to 30 years in federal prison, followed by 25 years on supervised release, for production of child pornography.
According to facts contained in the plea agreement, in December 2021, the defendant was using an online platform to chat with an individual who, unknown to the defendant, was an undercover agent with the FBI. The defendant informed the undercover agent that he had access to a six-year-old minor child and that he regularly sexually assaulted the minor. He then sent the undercover agent a photo of the minor child. In a series of chat exchanges, the defendant then indicated that he planned to assault the minor child again, possibly as soon as that evening. The FBI obtained the IP address associated with the defendant, responded to the defendant’s residence with local law enforcement, obtained a warrant, and searched the defendant’s bedroom. Subsequently, the defendant admitted that he had engaged in sexual abuse of the minor child and made pornographic images of the minor. Devices recovered from the defendant’s bedroom were later analyzed and found to contain child pornography produced by the defendant, as well as evidence that the defendant distributed these images to other persons online.
“The horrific abuse sustained by the victim in this case can never be undone – that harm is forever,” said United States Attorney Cole Finegan. “Thanks to the quick action by the FBI, this predator was stopped and will be off the street for decades to come.”
“This heinous predator repeatedly victimized a trusting child because his access to the child was undetected. Law enforcement intervention stopped the egregious crimes, but the child will live with the experience for the rest of his life,” said Special Agent in Charge Mark Michalek. “The FBI Denver Child Exploitation and Human Trafficking Task Force is relentless in its work of protecting vulnerable children and holding their abusers accountable.”
United States District Court Judge William J. Martinez presided over the sentencing on May 31, 2023.
The FBI investigated this case, with assistance from the Lochbuie Police Department. Assistant United States Attorney Melissa Hindman handled the prosecution.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice 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, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
Case number 22-cr-23
Leader of Houston-Based Drug Trafficking Organization Pleads Guilty to Leading Large-Scale Methamphetamine Distribution and Importation ConspiracyRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that FRANCISCO JAVIER MECINA BARRERA, a/k/a “Angel,” pled guilty today to conspiring to import and distribute large quantities of methamphetamine and to using, carrying, and possessing a firearm which was brandished in furtherance of those drug crimes. The charges stem from MECINA BARRERA’s leadership of a large-scale methamphetamine distribution and importation operation he called the “Cartel de Houston” — Spanish for “Houston Cartel” — or “CDH.” MECINA BARRERA pled guilty before U.S. District Judge Victor Marrero.
U.S. Attorney Damian Williams said: “The defendant was the leader of a drug and firearms trafficking organization that smuggled large numbers of firearms from the United States into Mexico. The organization then traded the firearms for hundreds of kilograms of methamphetamine, which were distributed throughout the United States. Today’s guilty plea reaffirms our Office’s commitment to hold large-scale international drug and firearms traffickers accountable for their crimes.”
According to court filings and statements made in court proceedings:
From at least in or about March 2020 to at least in or about April 2021, FRANCISCO JAVIER MECINA BARRERA was the leader of an international narcotics importation and distribution organization that imported hundreds of kilograms of crystal and liquid methamphetamine from Mexico into Texas and further distributed it throughout the United States, including to New York. MECINA BARRERA called his group the Cartel de Houston, or “CDH,” because it was based in Houston and had ties to Mexico-based drug trafficking cartels.
CDH was also an international supplier of firearms. At MECINA BARRERA’s direction, members of CDH smuggled numerous firearms into Mexico and delivered them to Mexico-based drug traffickers, often in exchange for methamphetamine that they then smuggled back into the United States for distribution. MECINA BARRERA and other members of CDH also used firearms to threaten and intimidate a narcotics customer of CDH who owed MECINA BARRERA money for drugs.
After establishing CDH, MECINA BARRERA appointed co-defendant Adalid Cabrera Huato, a/k/a “China,” as his right-hand man in Houston, and MECINA BARRERA recruited others, including co-defendants GIOVANNI DE LA MORA and JAIME SANTILLANO, to acquire and transport numerous guns from the United States into Mexico, trade them for substantial quantities of methamphetamine, and transport the drugs into the United States, where they would distribute them throughout the country, including to the Bronx, New York. MECINA BARRERA provided his co-conspirators with vehicles and instructed them on how to hide the guns and drugs in the fuel tank to avoid detection. MECINA BARRERA also utilized a Mexico-based religious figure known as “Lucifer” to bless the CDH’s members and drugs as they were crossing the border.
* * *
MECINA BARRERA, 31, of Michoacan, Mexico, and Houston, Texas, pled guilty to (i) conspiracy to distribute and possess with intent to distribute methamphetamine; (ii) conspiracy to illegally import methamphetamine into the United States; and (iii) use, carrying, and possession of a firearm in connection with, and in furtherance of, the narcotics conspiracy and the narcotics importation conspiracy, which was brandished. The charges carry a mandatory minimum sentence of 17 years in prison and a maximum sentence of life in prison.
The statutory minimum and maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by the judge.
CABRERA HUATO, DE LA MORA, and SANTILLANO previously pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine. CABRERA HUATO is scheduled to be sentenced on June 23, 2023. DE LA MORA and SANTILLANO were previously sentenced by Judge Marrero to 90 months and 86 months in prison, respectively.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-drive, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
Mr. Williams praised the outstanding investigative work of the Drug Enforcement Administration (“DEA”), the Department of Homeland Security, Homeland Security Investigations New York City Border Enforcement Security Task Force, which is comprised of local, state, and federal law enforcement agencies, including the New York City Police Department. Mr. Williams also thanked the Department of Alcohol, Tobacco, Firearms, and Explosives, the Houston Police Department, and the DEA Houston Division for their invaluable assistance in this investigation.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Jane Y. Chong, Michael R. Herman, and Mitzi S. Steiner, with the assistance of Paralegal Specialist Jacqueline Hauck, are in charge of the prosecution.