Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
21 April 2023
Omaha Woman Sentenced to 150 Months for MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Tracy Inman, 43, of Omaha, Nebraska, was sentenced today in federal court in Omaha. United States District Judge Brian C. Buescher sentenced Inman to 150 months in prison for one count of possession with intent to distribute 50 grams or more of methamphetamine (actual). After serving her sentence, Inman will be placed on supervised release for 5 years. There is no parole in the federal system.
On or about September 12, 2020, in Omaha, officers with the Omaha Police Department conducted a traffic stop on a minivan driven by Inman due to the vehicle having no plates and no visible in-transits. While officers were conducting a data check and drafting a citation, canine officers arrived and deployed a state-certified drug-detection canine around Inman’s vehicle. The canine indicated to the odor of narcotics emanating from the vehicle. During a search of the vehicle, officers found small baggies containing methamphetamine residue, a tin containing 3.1 grams of methamphetamine mixture, and paraphernalia. Officers searched Inman and found 49.684 grams of methamphetamine. In a backpack on the back seat of the vehicle, officers found an additional 72.172 grams of methamphetamine and a digital scale. At the time of the traffic stop, Inman knew the methamphetamine was in the vehicle and she intended to distribute some or all of the methamphetamine to another person.
Subsequent Nebraska Public Service Laboratory lab tests confirmed the suspected methamphetamine found in Inman’s vehicle was methamphetamine and had a weight of 121.856 grams. The lab tests determined the recovered methamphetamine had a purity of 95%, for a minimum amount of actual methamphetamine of 109.67 grams
This case was investigated by the Omaha Police Department.
Omaha Man Sentenced for Receipt of Child PornographyRead the Press Release
United States Attorney Steven Russell announced that Matthew Carlson, 40, of Omaha, Nebraska, was sentenced today in federal court in Omaha for receipt of child pornography. United States District Judge Brian C. Buescher sentenced Carlson to 180 months’ imprisonment. There is no parole in the federal prison system. After his release from prison, Carlson will be on supervised release for life.
In November 2021, federal agents began investigating after receiving a Cybertip from Dropbox stating that a user had uploaded child pornography. Agents contacted Carlson who admitted to receiving a link, accessing the Dropbox account, and viewing child pornography. Carlson had two prior convictions for possession of child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
This case was investigated by Homeland Security Investigations.
Niagara Falls Man Arrested on Cocaine Charge After Leading Police on A Brief Car ChaseRead the Press Release
ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Jonathan Bersani, 31, of Niagara Falls, NY, was arrested and charged by criminal complaint with possession with intent to distribute cocaine. The charge carries a maximum penalty of 20 years in prison and a $1,000,000 fine.
Assistant U.S. Attorney Louis A. Testani, who is handling the case, stated that according to the complaint, the Niagara County Drug Task Force (NCDTF) alerted the Homeland Security Investigations BEST Team of suspected drug activity being conducted by Bersani. The task force then conducted a controlled purchase of cocaine from Bersani. On April 14, 2023, as investigators were surveilling Bersani on Buffalo Avenue in Niagara Falls, he struck two vehicles, including a law enforcement vehicle, before fleeing the area. Bersani’s tire eventually burst on Buffalo Avenue, at which time he fled on foot before being taken into custody. Approximately 200 yards away, law enforcement discovered a black bag that approximately 192 grams of suspected cocaine. An electronic scale was also found in the area. Investigators also seized a satchel bag that Bersani was wearing, which contained bulk US currency. That same day, a search warrant was executed at Bersani’s Linwood Avenue residence, during which investigators seized approximately 14 grams of suspected crack cocaine, approximately four grams of suspected cocaine, three glass dishes, a fork, plate, and knife, all with white residue, and metal knuckles.
Bersani was ordered released on conditions following a detention hearing this afternoon before U.S. Magistrate Judge Michael J. Roemer.
The complaint is the result of an investigation by the Niagara County Drug Task Force, under the direction of Sheriff Michael Filicetti and Homeland Security Investigations BEST Team, under the direction of Special Agent-in-Charge Matthew Scarpino.
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.
# # # #
New Orleans Man Sentenced on Federal Carjacking and Weapons ChargesRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced that defendant KEON ESTEEN, age 18, was sentenced on April 13, 2023 by U.S. District Court Judge Barry W. Ashe to a total term of 130 months. As to Count 1 the court sentenced ESTEEN to 46 months of imprisonment. As to Count 2, the court sentenced ESTEEN to 84 months, to run consecutively to the term imposed in Count 1. Additionally, upon release from imprisonment, Judge Ashe ordered that ESTEEN be on supervised release for 5 years consisting of 3 years for Counts 1 and 5 years for Count 2, all to run concurrently. Finally, ESTEEN was ordered to pay a mandatory $200 special assessment fee for Counts 1 and 2 of the two-count indictment.
Count One charged ESTEEN with a carjacking, in violation of Title 18, United States Code, Section 2119(1). Count Two charged ESTEEN with brandishing a firearm in furtherance of a crime of violence, that is, a carjacking, in violation of Title 18, United States Code, Section 924(c)(1)(A)(ii).
ESTEEN previously pled guilty to carjacking a victim on April 3, 2021 in New Orleans by threatening the use of force. ESTEEN perpetrated the carjacking with another who brandished a firearm during the carjacking.
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.
U.S. Attorney Evans praised the work of the Bureau of Alcohol, Tobacco, and Firearms and the New Orleans Police Department. The case is being prosecuted by Assistant United States Attorney Inga Petrovich of the Violent Crime Unit.
* * *
New Orleans Man Sentenced for Violating the Federal Gun Control ActRead the Press Release
NEW ORLEANS, LOUISIANA – On April 18, 2023, United States District Judge Wendy Vitter sentenced ELIJAH POWELL, age 27, a resident of New Orleans, following his guilty plea to illegally possessing a firearm after being convicted of a felony, announced U.S. Attorney Duane A. Evans.
According to court records, POWELL admitted to being observed on the city’s Real Time Crime Cameras with what appeared to be a pistol in his pocket. When New Orleans Police Officers arrived to investigate, POWELL ran. He was apprehended after a brief chase but no longer had the pistol. Officers traced his route of flight and found the pistol in the side yard of a house along POWELL’s path of flight. POWELL admitted he had previously been convicted of aggravated assault with a firearm in St. Charles Parish.
Judge Vitter sentenced POWELL to 27 months in the custody of the Bureau of Prisons, to be followed by a three-year term of supervised release. Judge Vitter also ordered POWELL to pay a mandatory special assessment fee of $100.
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, New Orleans Police Department, and the Louisiana Department of Probation and Parole. The prosecution is being handled by Assistant United States Attorney David Haller of the Violent Crime Unit.
New Orleans Man Sentenced for Being a Felon in Possession of a FirearmRead the Press Release
NEW ORLEANS – MARVIN YOUNG, a resident of New Orleans, was sentenced on April 13, 2023 by U.S. District Court Judge Eldon E. Fallon to forty (40) months incarceration after pleading guilty to a one-count indictment. Judge Fallon ordered that YOUNG be placed on supervised release for three (3) years following his release from imprisonment. YOUNG was also ordered to pay a mandatory $100 special assessment fee.
Count 1 charged YOUNG with possessing a firearm while being a convicted felon, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
According to court records, on July 8, 2021, the Federal Bureau of Investigation and multiple state agencies conducted a joint operation to utilize proactive police patrol in high crime areas of New Orleans. During the operation, YOUNG was observed lifting his shirt revealing a firearm tucked into his waistband. YOUNG was prohibited from possessing a firearm because he had previously been convicted of a felony.
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.
U.S. Attorney Evans praised the work of Federal Bureau of Investigation and the New Orleans Police Department in this matter. The case was prosecuted by Assistant United States Attorney Mike Trummel of the Violent Crime Unit.
New Orleans Man Indicted for Violations of Federal Firearms and Drug LawsRead the Press Release
NEW ORLEANS, LOUISIANA - BURNEAL CARNEY, age 28, of New Orleans, Louisiana, was indicted today in a three-count indictment by a federal grand jury for violations of the Federal Gun Control and Federal Controlled Substances Acts announced U.S. Attorney Duane A. Evans. Specifically, CARNEY is charged with possession with intent to distribute controlled substances in violation of Title 21, United States Code, Sections 841(a)(1), 841(b)(1)(C), and 841(b)(1)(D); possession of a firearm in furtherance of a drug trafficking crime in violation of Title 18, United States Code, Section 924(c)(1)(A)(i); and being a felon in possession of a firearm in violation of Title 18, United States Code, Section 922(g)(1).
If convicted of possession with intent to distribute controlled substances, CARNEY faces a maximum of twenty (20) years imprisonment, up to a $1,000,000.00 fine, and at least three (3) years of supervised release. If convicted of possession of a firearm during a drug trafficking crime, he faces a penalty of at least five years up to life imprisonment which must run consecutively to any other term of imprisonment , a fine of up to $250,000.00, and up to five (5) years of supervised release. If convicted of possession of a firearm by a convicted felon, he faces a maximum of fifteen (15) years imprisonment, a fine of up to $250,000, and up to three (3) years of supervised release. Additionally, he also faces payment of a $100.00 mandatory special assessment fee for each charged count.
United States Attorney Evans stated 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.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. Assistant U.S. Attorney M. Irene González of the General Crimes Unit is charge of the prosecution.
* * *
Nevada Man Pleads Guilty in Multimillion-Dollar Fraudulent Check SchemeRead the Press Release
A Nevada man pleaded guilty today to using fraudulent checks to steal money from victims’ bank accounts.
According to court documents, Michael Zeto, 77, of Las Vegas, partnered with foreign telemarketers, who provided Zeto with the names, bank account numbers, and other personal information for American consumers. Many of these consumers had purchased no products or services from the telemarketers and had not authorized anyone to debit their bank accounts. Zeto used the information provided by his telemarketing partners to create fraudulent checks payable to companies he controlled and debited consumers’ bank accounts. Many of Zeto’s victims were retirees and other older adults.
“The defendant was a vital link in a scheme with foreign telemarketing partners to steal money from American victims’ bank accounts,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to protecting older Americans from fraud and to prosecuting people who knowingly help fraudsters.”
“With our increasing use and dependency on technology, fraudsters have found new ways to scam unsuspecting Americans,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Americans, and Nevadans in particular, can be assured that our office is committed to investigating and prosecuting elder financial fraud scams.”
“Today's guilty plea holds the defendant accountable for his role in a multimillion dollar fraudulent check scheme that targeted the bank accounts of American consumers,” said Acting Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General Chicago Division. “The FDIC-OIG remains dedicated to working with our law enforcement partners to pursue those who seek to defraud elderly and vulnerable Americans, and threaten the integrity of the banking system.”
“This conviction is the direct result of a diligent investigation by hardworking Postal Inspectors and our partners at the Federal Deposit Insurance Corporation-Office of Inspector General,” said Inspector in Charge Ruth Mendonça of the U.S. Postal Inspection Service Chicago Division. “Working together, their perseverance unraveled the defendant’s complex scheme to defraud some of our nation’s most vulnerable victims and delivered the justice that each victim deserved. We are proud of the investigative team’s efforts to uphold the mission of the U.S. Postal Inspection Service (USPIS) to protect postal customers and consumers from fraudsters.”
Zeto pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The USPIS and FDIC-OIG are investigating the case.
Trial Attorneys Daniel Zytnick and Timothy Finley of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Richard Anthony Lopez for the District of Nevada are prosecuting the case.
The department urges individuals to be on the lookout for unauthorized debits to their accounts. Check your bank, credit card, and other financial statements and contact your financial institution if you see a charge you do not recognize. Report any fraudulent debit you identify to law enforcement. Reports may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
Nevada Man Pleads Guilty in Multimillion-Dollar Fraudulent Check SchemeRead the Press Release
LAS VEGAS - A Nevada man pleaded guilty today to using fraudulent checks to steal money from victims’ bank accounts.
According to court documents, Michael Zeto, 77, of Las Vegas, partnered with foreign telemarketers, who provided Zeto with the names, bank account numbers, and other personal information for American consumers. Many of these consumers had purchased no products or services from the telemarketers and had not authorized anyone to debit their bank accounts. Zeto used the information provided by his telemarketing partners to create fraudulent checks payable to companies he controlled and debited consumers’ bank accounts. Many of Zeto’s victims were retirees and other older adults.
“The defendant was a vital link in a scheme with foreign telemarketing partners to steal money from American victims’ bank accounts,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice is committed to protecting older Americans from fraud and to prosecuting people who knowingly help fraudsters.”
“With our increasing use and dependency on technology, fraudsters have found new ways to scam unsuspecting Americans,” said U.S. Attorney Jason M. Frierson for the District of Nevada. “Americans, and Nevadans in particular, can be assured that our office is committed to investigating and prosecuting elder financial fraud scams.”
“Today's guilty plea holds the defendant accountable for his role in a multimillion dollar fraudulent check scheme that targeted the bank accounts of American consumers,” said Acting Special Agent in Charge Justin Bundy of the Federal Deposit Insurance Corporation Office of Inspector General Chicago Division. “The FDIC-OIG remains dedicated to working with our law enforcement partners to pursue those who seek to defraud elderly and vulnerable Americans, and threaten the integrity of the banking system.”
“This conviction is the direct result of a diligent investigation by hardworking Postal Inspectors and our partners at the Federal Deposit Insurance Corporation-Office of Inspector General,” said Inspector in Charge Ruth Mendonça of the FDIC-OIG Chicago Division. “Working together, their perseverance unraveled the defendant’s complex scheme to defraud some of our nation’s most vulnerable victims and delivered the justice that each victim deserved. We are proud of the investigative team’s efforts to uphold the mission of the U.S. Postal Inspection Service (USPIS) to protect postal customers and consumers from fraudsters.”
Zeto pleaded guilty to wire fraud. He faces a maximum penalty of 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The USPIS and FDIC-OIG are investigating the case.
Trial Attorneys Daniel Zytnick and Timothy Finley of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney Richard Anthony Lopez for the District of Nevada are prosecuting the case.
The department urges individuals to be on the lookout for unauthorized debits to their accounts. Check your bank, credit card, and other financial statements and contact your financial institution if you see a charge you do not recognize. Report any fraudulent debit you identify to law enforcement. Reports may be filed with the FTC at www.ftccomplaintassistant.gov or at 877-FTC-HELP.
If you or someone you know is age 60 or older and has experienced financial fraud, experienced professionals are standing by at the National Elder Fraud Hotline: 1-833-FRAUD-11 (1-833-372-8311). This U.S. Department of Justice hotline, managed by the Office for Victims of Crime, can provide personalized support to callers by assessing the needs of the victim and identifying relevant next steps. Case managers will identify appropriate reporting agencies, provide information to callers to assist them in reporting, connect callers directly with appropriate agencies, and provide resources and referrals, on a case-by-case basis. Reporting is the first step. Reporting can help authorities identify those who commit fraud and reporting certain financial losses due to fraud as soon as possible can increase the likelihood of recovering losses. The hotline is open Monday through Friday from 10:00 a.m. to 6:00 p.m. ET. English, Spanish and other languages are available.
For more information about the Consumer Protection Branch and its enforcement efforts, visit its website at https://www.justice.gov/civil/consumer-protection-branch.
###
Natchitoches Man Convicted by Federal Jury of Drug and Firearms ChargesRead the Press Release
ALEXANDRIA, La. – Louis Vernon Jackson, 38, of Natchitoches, Louisiana, was convicted by a federal jury late yesterday, announced United States Attorney Brandon B. Brown. United States District Judge Terry A. Doughty presided over the four-day trial in Alexandria. Jackson was convicted of conspiracy to distribute methamphetamine, felon in possession of firearms, and possession with intent to distribute methamphetamine. The jury acquitted Jackson of one count of possession with intent to distribute tramadol and possession of a firearm in furtherance of drug trafficking.
According to evidence presented during trial, Vernon was involved in a drug trafficking conspiracy with seven other co-defendants between December 1, 2019, through at least May 13, 2020. Agents began an investigation into these illegal drug trafficking activities of Jackson and his co-defendants. On April 16, 2020, while conducting surveillance, agents observed Jackson meet an individual at a Natchitoches motel and suspected them of selling drugs from this location. Jackson and the individual left in his vehicle and were subsequently stopped by law enforcement. Agents found keys to a room at the motel on Jackson’s person. Further investigation led to a search warrant being issued for the motel room and agents found a Marlin rifle, a loaded SCCY 9mm pistol, loaded extended magazines and ammunition inside the motel room. As a convicted felon, Jackson was prohibited from having any firearm or ammunition in his possession.
After his release on bond from the Natchitoches incident, on May 13, 2020, agents conducted surveillance of a hotel in the Alexandria area and observed Jackson at the hotel. Agents executed a search warrant of Jackson’s hotel room and found a large amount of methamphetamine and a digital scale, as well as over $11,000 in cash.
The remaining seven co-defendants have each pleaded guilty and will be sentenced in subsequent proceedings.
“This was the culmination of an investigation that spanned multiple federal districts from Louisiana to Mississippi, and we are grateful for this joint investigation and the jury’s work in this case,” said U.S. Attorney Brandon B. Brown. “This defendant has a history of selling illegal narcotics which will result in a sentencing enhancement. We look forward to the anticipated sentencing hearing where each of the defendants in this case will be held accountable for their actions. We will not tolerate the distribution of methamphetamine and illegal firearm possession in the Western District of Louisiana.”
Jackson faces a minimum sentence of 15 years up to life in prison on each of the drug charges due to a sentencing enhancement based on his past criminal history. He also faces up to 10 years in prison on the firearms charge, a total of up to 15 years of supervised release, and a fine of up to $20,000,000.
The case was investigated by the Department of Homeland Security Investigations, Bureau of Alcohol, Tobacco, Firearms and Explosives, Federal Bureau of Investigation, U.S. Bureau of Prisons, Natchitoches Parish Sheriff’s Office and Rapides Parish Sheriff’s Office, and prosecuted by Assistant U.S. Attorneys Cytheria D. Jernigan and Brian C. Flanagan.
# # #
Morganza Man Pleads Guilty in Federal Court for Production and Attempted Production of Child PornographyRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that Norman Antoine LeBlanc, age 34, of Morganza, Louisiana, pled guilty before U.S. District Judge John W. deGravelles to production and attempted production of child pornography. As a result of his conviction, LeBlanc faces a significant term of imprisonment, a fine, and a period of supervised release, which includes sex offender registration requirements.
According to the indictment, on or about November 17, 2021, LeBlanc produced and attempted to produce videos and images that depict a minor child engaging in sexually explicit conduct. Leblanc recorded a video of the minor in the bathroom and intentionally made still shots from the video that focused and zoomed in on the minor’s genitals. In creating these images, LeBlanc intended to produce child pornography and to depict a minor child engaged in lascivious exhibition of their genitals and pubic area. LeBlanc knowingly used the Mobile App and a smartphone to transmit the visual depictions of the minor via the internet to an undercover agent in North Carolina.
This matter was being investigated by the Department of Homeland Security, Office of Inspector General, and is being prosecuted by Assistant United States Attorney Edward H. Warner.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 http://www.justice.gov/psc.
Mexican Man Charged with Illegal Re-Entry of a Removed Alien Previously Convicted of a FelonyRead the Press Release
NEW ORLEANS, LOUISIANA – JOSE CHENO-FIMBRES, age 55, was charged on April 19, 2023 in a one-count bill of information with reentry of a previously removed alien, in violation of Title 8, United States Code, Section 1326(a), announced United States Attorney Duane A. Evans.
According to the bill of information, JOSE CHENO-FIMBRES reentered the United States after being previously deported on January 27, 2018. He faces a maximum term of imprisonment of twenty (20) years followed by up to three (3) years of supervised release, a fine of up to $250,000.00, and a mandatory special assessment fee of $100.00.
U.S. Attorney Evans reiterated that a bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant United States Attorney Jon M. Maestri of the General Crimes Unit is in charge of the prosecution.
* * *
Metairie Man Sentenced to 87 Months in Federal Prison for Receiving Files Depicting the Sexual Victimization of ChildrenRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that MICHAEL GERALD MARCHESE, age 45, a resident of Metairie, Louisiana, was sentenced on April 18, 2023 by United States District Judge Wendy Vitter to 87 months in prison after previously being indicted for receiving images and videos depicting the sexual exploitation of children, including children as young as approximately one (1) year old, in violation of 18 U.S.C. ' 2252(a)(2).
Additionally, Judge Vitter ordered MARCHESE to serve a 10-year period of supervised release after his term of imprisonment, comply with the Sex Offender Registration and Notification Act, and pay a mandatory $100 special assessment fee. Judge Vitter also scheduled a restitution hearing for June 14, 2023.
According to court documents, in about July 2021, law enforcement authorities received information that an unidentified individual, subsequently determined to be MARCHESE, was using an internet-based peer-to-peer network that allows users to anonymously share files, chat on message boards, and access websites within the network, to view, download, and store computer files depicting the sexual victimization of children. FBI agents executed a search warrant on MARCHESE’S residence on December 9, 2021, and seized several electronic items, including four (4) portable external hard drives. A review of the items revealed that MARCHESE used the internet and peer-to-peer platforms to download depictions of children being sexually exploited numerous times throughout 2020 and 2021. The review further confirmed that MARCHESE downloaded at least approximately 4,201 images and 339 videos depicting the sexual victimization of children, including prepubescent minors as young as less than one (1) year old, and that some of the images and videos portrayed sadistic or masochistic conduct or other depictions of violence.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys= Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation in investigating this matter. Assistant United States Attorney Jordan Ginsberg, Chief of the Public Integrity Unit, is in charge of the prosecution.
Man Who Tossed Gun and Drugs While Fleeing from Police to Serve Time in Federal PrisonRead the Press Release
A man who possessed a firearm as a felon was sentenced yesterday to 78 months in federal prison.
Gabriel DeTrace Taylor, age 30, from Cedar Rapids, Iowa, received the prison term after a November 10, 2022, guilty plea to one count of possessing a firearm as a felon. Taylor had previously been convicted of Robbery in the First Degree.
Evidence at the sentencing hearing showed that Taylor fled from police and threw a loaded firearm from the window of the vehicle, as well as a backpack with cocaine and marijuana. Evidence also showed that on a prior occasion in March 2021, Taylor had done the same thing, fleeing from police and throwing a firearm from the vehicle.
Taylor was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Taylor was sentenced to 78 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Taylor is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Special Assistant United States Attorney Nicole L. Nagin, and it was investigated by the Federal Bureau of Investigation and the Cedar Rapids Police Department.
This case was brought as part of Project Safe Neighborhoods (PSN). PSN 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.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl. The case file number is 22-CR-62.
Follow us on Twitter @USAO_NDIA.
Man Sentenced to Prison for Possessing Firearm at A Casino When He Shot A Security GuardRead the Press Release
LAS VEGAS – A Henderson resident was sentenced to 46 months in prison followed by three years of supervised release for being a felon in possession of a firearm in 2021, during which he shot a security guard.
Michael Joseph Kasper (34) pleaded guilty in October 2022 to felon in possession of a firearm. He was sentenced by United States District Judge Cristina D. Silva on April 10, 2023.
According to court documents, on December 16, 2021, casino security guards believed Kasper had attempted to cash a fraudulent check at the casino cage. Security attempted to detain Kasper, but he resisted and immediately began fighting the security guards. During the scuffle, Kasper possessed a 9mm semi-automatic firearm and shot twice at and injured a security guard. Kasper has prior felony convictions in Clark County, and he is prohibited by law from possessing a firearm.
Kasper was charged in Clark County for the shooting of the security guard, and Kasper pleaded guilty to one count of battery with use of deadly weapon resulting in substantial bodily harm.
The 46-month sentence in this case was ordered to run consecutive to Kasper’s unrelated prior criminal conduct arising out of Lincoln County, Nevada, for three counts of battery by prisoner upon a first responder, in which was he was sentenced to 108 to 432 months in prison.
United States Attorney Jason M. Frierson for the District of Nevada and Acting Special Agent in Charge Joshua Jackson for the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) made the announcement.
The Las Vegas Metropolitan Police Department and ATF investigated the case. Assistant United States Attorney Bianca Pucci prosecuted the case.
If you have information about illegal firearms activity, submit a tip to ATF by calling the hotline at 1-800-ATF-GUNS (1-800-283-4867) or through the ReportIt mobile app.
The case was brought as part of Project Safe Neighborhoods (PSN), 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. For more information about PSN, visit www.justice.gov/usao-nv.
###
Morganza Man Pleads Guilty to Production and Attempted Production of Child PornographyRead the Press Release
United States Attorney Ronald C. Gathe, Jr. announced that Norman Antoine LeBlanc, age 34, of Morganza, Louisiana, pled guilty before U.S. District Judge John W. deGravelles to production and attempted production of child pornography. As a result of his conviction, LeBlanc faces a significant term of imprisonment, a fine, and a period of supervised release, which includes sex offender registration requirements.
LeBlanc produced videos and images of a minor child engaging in sexually explicit conduct. Specifically, LeBlanc secretly recorded videos of a minor in the bathroom and made sexually explicit still shots from the video. LeBlanc then used a mobile application and a smartphone to send images and videos of the minor to an undercover agent in North Carolina. LeBlanc also used the mobile application to distribute approximately 97 videos and 9 images of child pornography.
This matter was investigated by the United States Department of Homeland Security, Homeland Security Investigations, and the Louisiana Bureau of Investigation. The case is being prosecuted by Assistant United States Attorney Edward H. Warner.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and 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 http://www.justice.gov/psc.
Lincoln Man Sentenced to 22 ½ Years in Prison for Distributing Cocaine and Fentanyl Resulting in Serious Bodily InjuryRead the Press Release
United States Attorney Steven Russell announced that Franklin Rorebeck, 39, of Lincoln, Nebraska, was sentenced today by Senior United States District Judge John M. Gerrard to 270 months in prison for distributing cocaine and fentanyl resulting in serious bodily injury. After serving his sentence, Rorebeck will serve five years on supervised release. There is no parole in the federal system.
In late July of 2021, Rorebeck sold cocaine which turned out to be laced with fentanyl to one of his customers in Lincoln. Rorebeck’s customer sold the cocaine laced with fentanyl to a third person. The third person provided the drug to a victim who suffered an overdose on July 25, 2021. First responders performed CPR on the victim and administered Narcan. The victim was hospitalized. During a search of the victim’s Lincoln residence, officers found a small white rock on a table next to the bed which tested positive for the presence of fentanyl. A physician specializing in emergency room medicine and toxicology found the victim would have been at substantial risk of dying from the use of cocaine laced with fentanyl if they had not received the Narcan.
This case was investigated by the Lincoln/Lancaster County Narcotics Taskforce.
L.A. Metro Agrees to Comply with ADA and Improve Access for Persons with Disabilities at Los Angeles Union StationRead the Press Release
LOS ANGELES – Following an investigation that found Los Angeles Union Station was not accessible to persons with disabilities, the Los Angeles County Metropolitan Transportation Authority (Metro) today entered into a settlement agreement that requires the transit agency to remedy violations of the Americans with Disabilities Act.
The United States Attorney’s Office announced the settlement agreement that resolves an investigation of Union Station under Title II of ADA. The investigation revealed that Metro, which is responsible for Union Station, failed to make the facility readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. Station facilities include the station structure, the platform and any parking facility.
Title II of the ADA prohibits public entities from discriminating against any individual on the basis of disability, including by excluding such individual from participation in or denying such individual the benefits of the services, programs or activities of the public entity.
Los Angeles Union Station is the largest railroad passenger terminal in the Western United States. The station, which opened in 1939 and serves as a major transportation hub for Southern California, was found to have a series of accessibility issues, including wide gaps in walkways, a passenger loading zone that did not have a compliant curb ramp, various signage issues, and other ADA violations.
While the government’s investigation revealed certain ADA violations, the settlement agreement requires Metro to hire an independent licensed architect to conduct an initial survey and annual inspections of Union Station, provide the United States Attorney’s Office with a list of all the violations identified by the independent licensed architect, and remedy all the violations identified.
“The Union Station agreement caps a long list of rail station matters my office resolved over the past several years to ensure full access for every transit user,” said United States Attorney Martin Estrada. “Our office is committed to enforcing the rights of persons with disabilities, and I am pleased that the operators of the rail stations in this district have recognized the importance of complying with federal law and ensuring complete access. We thank the various entities, such as Metro, for fully cooperating in our investigations.”
With the Union Station agreement, the United States Attorney’s Office has resolved a total of 17 ADA investigations of rail stations in Southern California, including with cities and agencies responsible for stations in Anaheim, Barstow, Camarillo, Chatsworth, Fullerton, Glendale, Moorpark, Ontario, Oxnard, Palm Springs, Pomona, San Juan Capistrano, Santa Ana, Santa Barbara, Simi Valley and Van Nuys.
The relief provided in the agreements includes the remediation of violations so that the rail stations are accessible to individuals with disabilities, including those who use wheelchairs. Some examples of violations include insufficient directional signage indicating the location of accessible entrances or paths of travel, paths that are inaccessible due to sloping issues and abrupt elevation changes, non-compliant accessible parking spaces and access aisles, and non-compliant elements in restrooms.
These matters involving the rail stations were handled by Assistant United States Attorneys Katherine Hikida and Matthew Nickell of the Civil Division’s Civil Rights Section.
Information about the Civil Rights Section in the Civil Division of the United States Attorney’s Office is available on our website. Members of the public may report possible civil rights violations to our office via email to [email protected].
Justice Department’s Environment and Natural Resources Division Celebrates Earth Day by Releasing the Division’s Accomplishments Report for Fiscal Year 2022Read the Press Release
Today, in celebration of Earth Day on April 22, the Department of Justice’s Environment and Natural Resources Division (ENRD) released the Division’s Accomplishments for Fiscal Year (FY) 2022.
“I am very pleased to announce the release of the Environment and Natural Resources Division’s Accomplishments Report for FY 2022,” said Assistant Attorney General Todd Kim of the ENRD. “I could not be prouder of how the ENRD team has been carrying out our mission in service of the American people, including as a key player in the administration’s efforts to secure environmental justice and respond to the climate crisis.”
As highlighted in the report, the division in 2022 continued to prioritize efforts to combat climate change. And, building on the division’s work, the Justice Department established the Office of Environmental Justice within the division and issued a comprehensive environmental justice enforcement strategy.
More broadly, the division worked closely with partners throughout the federal government to enforce a range of federal laws that protect public health, wildlife and other natural resources, worker safety and animal welfare. The division also defended client federal agencies in court when their regulations, decisions and other actions were challenged. The division also worked to preserve the rights and resources of federally recognized Indian tribes and filed condemnation actions to acquire land for federal agency programs.
In FY 2022, the division worked on roughly 4,500 matters. The division obtained over $820 million in civil and criminal fines, penalties, and costs recovered, while also securing federal injunctive relief valued at $3.1 billion. And, through defensive and condemnation litigation, the division saved the United States more than $2.1 billion.
The accomplishments described in the report add to division’s legacy. The division’s work is as important as ever given the environmental and other challenges that face the nation today and that will continue to arise in the years to come.
Justice Department Announces Civil Legal Services Pilot ProgramRead the Press Release
The Justice Department announced today that the Office for Access to Justice, Bureau of Prisons and National Institute of Corrections (NIC) are collaborating to launch an innovative pilot program to provide civil legal services to incarcerated individuals in select Bureau of Prisons (BOP) women’s facilities. In remarks delivered at the department’s Celebration of Second Chances event, the Deputy Attorney General highlighted this new initiative as a strategy to improve success upon reentry.
Incarcerated individuals are a particularly vulnerable population when it comes to unmet civil legal needs. The prompt resolution of pending civil legal issues – such as debt collection, access to benefits or child custody matters – can help support successful reentry and promote public safety. The department recently issued a report finding that access to legal assistance is a barrier for most in this country, and this civil justice gap widens for those who are incarcerated. The Civil Legal Services Pilot Program will seek to meet this need.
“When individuals leaving incarceration cannot access basic needs to pursue a successful future, we're not achieving the promises of justice,” said Director Rachel Rossi of the Office for Access to Justice. “Legal help can often ensure access to these foundational needs, like economic security. By partnering with the Bureau of Prisons and National Institute of Corrections to offer legal services to individuals during incarceration, ATJ can help break down barriers to equal access to justice for all.”
“Partnering with the Office for Access to Justice is a crucial step in breaking down barriers to provide important legal access to adults in custody,” said BOP Director Colette Peters. “Some of the most vulnerable individuals in need of legal resources will now be afforded the opportunity to have access. The initial pilot, serving our women in custody, is significant as it will continue to support our gender responsive, and trauma informed focus, while addressing the additional barriers women also face.”
The Civil Legal Services Pilot Program was launched after the Bureau of Prisons, National Institute of Corrections and Office for Access to Justice administered a voluntary survey to incarcerated individuals to assess civil legal need. More than 50,000 adults in custody responded, and the overwhelming majority of the respondents stated that they would benefit from civil legal services. This pilot program will start to offer those services on a limited scale – on particular issues in certain facilities – with the purpose of evaluating the feasibility and utility of expanding those services across all BOP facilities. Informed by this review and relevant research and data, BOP, NIC and ATJ anticipate that the pilot program will focus initially on women’s facilities.
“Working with the Office for Access to Justice has been a wonderful collaboration so far, and we are just getting started,” said Acting Director Dr. Alix McLearen of the National Institute of Corrections. The survey results show the incredible need which exists in the incarcerated population. Addressing legal concerns while people are still in custody is a major step forward in promoting successful community reintegration. And beginning the pilot with women continues our important work on equity and inclusion.”
In the coming weeks, the department’s Office for Access to Justice will post a job announcement for an Attorney Advisor within the Office for Access to Justice to develop, launch and implement this pilot program, working with the support of the Bureau of Prisons and National Institute of Corrections, who will monitor the work and develop lessons learned as the initiative continues.
Jefferson Parish Man Pleads Guilty to Federal Gun and Drug OffensesRead the Press Release
NEW ORLEANS, LOUISIANA – LANCE STEVENS, age 27, a resident of Gretna, Louisiana, pleaded guilty on April 20, 2023 before Chief U.S. District Judge Nannette Jolivette Brown to a six-count indictment charging him with violations of the Federal Gun Control Act and the Federal Controlled Substances Act. STEVENS was charged with two counts of drug trafficking in violation of 21 U.S.C. § 841(a)(1), two counts of possessing a firearm in furtherance of those drug trafficking offenses in violation of 18 U.S.C. § 924(c)(1)(A), and two counts of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1).
According to court documents, STEVENS was arrested by Jefferson Parish Sheriff’s Office detectives on two separate occasions in 2021. At the time of each arrest, STEVENS, a convicted felon, possessed illegal narcotics that he intended to sell and firearms in furtherance of drug trafficking.
For Count 1, possession with intent to distribute marijuana and tramadol, STEVENS faces a maximum sentence of five years imprisonment, up to a $250,000 fine, at least two years of supervised release for trafficking marijuana, and at least one year of supervised release for trafficking tramadol. For Count 4, possession with intent to distribute tapentadol, STEVENS faces a maximum sentence of 20 years imprisonment, up to a $1,000,000 fine, and at least three years of supervised release. For Counts 2 and 5, possession of a firearm in furtherance of a drug trafficking offense, STEVENS faces a mandatory minimum sentence of five years up to life in prison on each count, which must run consecutive to each other and to any other count, a maximum $250,000 fine, and up to three years of supervised release. For Counts 3 and 6, felon in possession of a firearm, STEVENS faces a maximum sentence of 10 years imprisonment on each count, up to a $250,000 fine, and up to three years of supervised release. STEVENS must also pay a mandatory special assessment fee of $100 for each count.
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 Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Jefferson Parish Sheriff’s Office. It is being prosecuted by Assistant United States Attorney David Berman of the Violent Crimes Unit.
* * *
Honduran Man Sentenced to Two Years in Prison for Illegal Possession AmmunitionRead the Press Release
BIRMINGHAM, Ala. – A federal judge on Tuesday sentenced a Honduran man illegally residing in Birmingham for illegal possession of ammunition, announced U.S. Attorney Prim F. Escalona and U.S. Immigration and Customs Enforcement Homeland Security Investigations Special Agent in Charge Katrina W. Berger.
U.S. District Court Judge Annmarie C. Axon sentenced Robert Ivan Salgado, 26, to 24 months in prison. Salgado pleaded guilty to one count of being an illegal alien in possession of ammunition in January 2023.
According to the plea agreement, on September 19, 2022, Salgado and the victim, his children’s mother, were arguing and he pulled a gun and shot her in the face. Salgado then transported the victim to Princeton Baptist Medical Center. Upon arrival, Birmingham Police officers were called to a report of a person who had been shot. After questioning Salgado, the officer requested that dispatch send evidence technicians to the apartment where the shooting occurred. A search warrant was executed on the residence and officers recovered three boxes of .389 caliber ammunition from the dryer in the living room. Salgado was prohibited from possessing ammunition because he is an illegal alien.
“The reckless actions of this defendant wounded one and put the lives of innocent children in danger,” said U.S. Attorney Escalona. “My office will not tolerate prohibited persons possessing firearms and ammunition, especially when it leads to domestic violence. I commend the work of our law enforcement partners in bringing this defendant to justice.”
HSI investigated the case along with assistance from the Birmingham Police Department. Assistant U.S. Attorneys Kristy Peoples and Darius Greene prosecuted the case.
Guatemalan National Sentenced to 27 Months in Prison for Illegally Reentering the U.S.Read the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, today announced that JULIO BAYRON-ARRIOLA, 49, a citizen of Guatemala last residing in Stamford, was sentenced yesterday by U.S. District Judge Janet Bond Arterton in New Haven to 27 months of imprisonment for illegally reentering the U.S. after being deported.
According to court documents and statements made in court, on six occasions between 2009 and 2020, Bayron-Arriola was encountered in the U.S. and subsequently removed to Guatemala. During that time, he was charged federally and convicted in the District of Arizona three times: In 2010, he was convicted of possession with intent to distribute marijuana, and in 2012 and 2017, he was convicted of illegal reentry.
On December 25, 2021, Bayron-Arriola was arrested by Stamford Police. He was subsequently convicted of a state threatening offense. On November 14, 2022, he pleaded guilty in federal court to illegal reentry.
Bayron-Arriola has been detained since his arrest.
The investigation was conducted by the U.S. Department of Homeland Security, Immigration and Customs Enforcement, with the assistance of the Stamford Police Department. The case was prosecuted by Assistant U.S. Attorney Anastasia E. King.
Grand Jury - April 2023Read the Press Release
United States Attorney Steven Russell announced the federal Grand Jury for the District of Nebraska has returned 9 unsealed Indictments charging 9 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Anthony Jermaine Branch, age 41, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about October 28, 2022. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Steville D. Burns, age 32, of Omaha, is charged with possession with intent to distribute 500 grams or more of methamphetamine and 400 grams of fentanyl on or about March 23, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Jose Cerritos-Valdez, age 47, is charged with illegal reentry of a removed alien after a felony conviction beginning on or about February 23, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Benjamin Fuller, age 37, is charged with distribution of methamphetamine (actual) to a minor on or about October 18, 2021 and continuing to on or about October 22, 2021. The penalty if convicted is not less than 1 year and up to 40 years’ imprisonment, a $2,000,000 fine, a six-year term of supervised release, and a $100 special assessment.
* Patrick Hoshor, age 26, of Omaha, is charged with distribution of fentanyl resulting in death on or about March 31, 2023. The penalty if convicted is not less than 20 years’ and up to life imprisonment, a $10,000,000 fine, a five-year term of supervised release, and a $100 special assessment.
* Amikhet En Maati a/k/a Warren Coker, age 51, is charged in a five-count Indictment. Count I charges Maati with production of child pornography beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count II charges Maati with committing Count I while on the sex offender registry beginning on or about October 8, 2020 and continuing to on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count III charges Maati with production of child pornography on or about October 28, 2020. The maximum possible penalty if convicted is not less than 35 years’ and not more than life imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count IV charges Maati with committing Count III while on the sex offender registry beginning on or about October 28, 2020. The maximum possible penalty if convicted is 10 years’ consecutive imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $55,100 in special assessments. Count V charges Maati with possession of child pornography on or about September 9, 2022. The maximum possible penalty if convicted is not less than 10 years’ and not more than 20 years’ imprisonment, a $250,000 fine, not less than a five-year and up to life term of supervised release, and $22,100 in special assessments.
* Chol Magwit, age 20, of Omaha, is charged with interference with airport security screening personnel beginning on or about April 7, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Tobin R. Schaneman, age 45, is charged as a prohibited person (felon) in possession of a firearm on or about March 25, 2022. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Dante Stabler, age 22, is charged in a two-count Indictment. Count I charges Stabler with assault with a dangerous weapon with intent to do bodily harm on the Omaha Nation Indian Reservation on or about February 22, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Stabler with using, carrying, or possessing a firearm during and in relation to a crime of violence on or about February 22, 2023. The penalty if convicted is not less than 10 years’ and up to life imprisonment consecutive to any other sentence, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
Four Men Indicted in Public Corruption CasesRead the Press Release
United States Attorney Steven Russell announced the unsealing of two related indictments. The indictments were unsealed after this morning’s arrests of Omaha City Councilman Vincent J. Palermo, 49, Former Omaha Police Officer Johnny Palermo, 47, Former Omaha Police Captain and Former PACE Executive Director Richard Gonzalez, 55, and Jack Olson, 66, of Council Bluffs, Iowa. The indictments were returned by the Grand Jury this week in Omaha, Nebraska. The indictments are comprised of multiple counts. Each count is merely an accusation, and all defendants are presumed innocent unless and until proven guilty.
In the first indictment (4:23CR3051), Johnny Palermo, Gonzalez, and Olson are charged with defrauding donors of the Latino Peace Officers’ Association (“LPOA”), and the LPOA board. Johnny Palermo and Gonzalez are further charged with defrauding LPOA and Police Athletics for Community Engagement (“PACE”) for their own personal benefit. Palermo is separately charged with wire fraud through an alleged false application to obtain a “Paycheck Protection Program” or PPP loan through his purported real estate company, Palermo Investments, LLC. Palermo is also charged with making false statements to the Small Business Administration in an attempt to get an Economic Injury and Disaster or EIDL loan.
Palermo is further charged with defrauding the citizens of Nebraska and the Omaha Police Department of his honest services as a police officer by accepting a stream of financial benefits from Gonzalez and Olson that influenced Palermo to interfere with an ongoing sexual assault investigation for which Olson is the lead suspect.
In the second indictment (4:23CR3052), Johnny Palermo and Gonzalez are charged with conspiring with Omaha City Councilman Vincent J. Palermo to deprive the citizens of Nebraska of Councilman Palermo’s honest services through paid travel benefits, including a luxury hotel suite, a trip to Las Vegas, and other destinations, among other items of value in exchange for Vincent J. Palermo’s official acts done for the benefit of LPOA and PACE. Johnny Palermo was the President of LPOA and Gonzalez was the Executive Director of PACE and a member of LPOA. Councilman Palermo awarded money to both non-profits and failed to disclose the private benefits that he was receiving while taking official acts for the benefit of LPOA and PACE.
Vincent J. Palermo is further charged with failing to disclose personal benefits, including income, gifts, and other items of value that he received from Omaha Glass Pro, a company that he voted to award city contracts to during the charged timeframes, along with failing to disclose discounted concrete work to his backyard pool that was poured by a concrete contractor that also had contracts with the City of Omaha.
Finally, Vincent J. Palermo is alleged to have concealed his status on federal probation when he applied for a PPP loan for approximately $68,000 that was later forgiven, which money went to the benefit of his sole proprietorship, Vinny’s Tree Service, and for his personal benefit.
Johnny Palermo faces 15 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1346; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Jack Olson is alleged to have solicited funds for LPOA using the false identity of "Cody Jones." Olson is charged with a total of four violations of public law, to include aiding and abetting Officer Johnny Palmero's honest services fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2 ; conspiracy to defraud LPOA donors and the LPOA, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349: and wire fraud, punishable by up to 20 years' imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1343.
Gonzalez faces a total of 13 charges in both indictments. The charges include conspiracy to commit wire fraud and conspiracy to commit honest services fraud, both punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, each in violation of Title 18, United States Code, Section 1349; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343; aiding and abetting the honest services fraud of Officer Johnny Palermo, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1346, 1343, and 2; and making false statements on loan applications, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years of supervised release, in violation of Title 18, United States Code, Section 1014.
Councilman Palermo is charged with nine separate violations of federal law, to include conspiracy to commit honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1349; honest services fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Sections 1846 and 1843; wire fraud, punishable by up to 20 years’ imprisonment, a $250,000 fine, and three years of supervised release, in violation of Title 18, United States Code, Section 1343, and bank fraud, punishable by up to 30 years’ imprisonment, a $1,000,000 fine, and five years, in violation of Title 18, United States Code, Section 1344.
United States Attorney Russell noted that the indictments and today’s arrests send an important message to those who breach the public’s trust. He added, “I appreciate the tremendous work of the Omaha Division of the Federal Bureau of Investigation and other law enforcement on this important case.”
After the arrests, FBI Omaha Special Agent in Charge Eugene Kowel said, “Public corruption is a top criminal priority for the FBI. Special Agents from the FBI Omaha field office, with the cooperation of our federal, state and local law enforcement partners, worked hundreds of hours on the investigation that led to today’s arrests. We especially appreciate our partnership with the Omaha Police Department in this case. Corruption tears at the foundation of our democracy. No level of corruption should be tolerated or accepted.”
Each of the defendants will make their initial appearance on Monday at 1 p.m. in Lincoln, Nebraska.
This case was investigated by the Federal Bureau of Investigation.
Four Men Charged in Conspiracy to Steal and Illegally Traffic over Two Hundred Firearms from an Indianapolis Shipping CompanyRead the Press Release
Indianapolis- Bruce A. Williams II, 31, Zackary Dean Doss, 26, and Kevin Todd Jones, Jr. 21, have been charged in a federal indictment with Conspiracy to Receive, Possess, Store, or Sell Stolen Firearms. Williams and Doss have also been charged with Possession of Firearms by a Felon, and Jones has been charged with Possession or Sale of a Stolen Firearm. A fourth man, Ryan Hurt, 28, also of Indianapolis, has been charged in a related criminal complaint with Possession of Stolen Firearms.
As of today, Williams, Doss, and Hurt have been arrested. On April 20, 2023, each of them made their initial appearance in federal court. Williams and Doss have been detained by the U.S. Marshal Service as they await a detention hearing at a later date. Hurt has been released on GPS monitoring.
Kevin Jones, Jr. is still at large. If you have any information regarding the whereabouts of Kevin Jones, Jr., please contact Crime Stoppers at 317-262-TIPS (8477).
According to court documents and information presented in open court, beginning on or before March 2, 2022, Williams, Doss, Jones, and others conspired together to steal over 200 firearms from the Indianapolis terminal of an interstate shipping company. Williams and other participants in the conspiracy were employees of the shipping company. These insiders identified shipments of firearms at the terminal, stole firearms from the shipments, and arranged to sell the stolen firearms. Members of the conspiracy also kept some of the stolen firearms for their own personal use.
Doss and Jones purchased stolen firearms from other members of the conspiracy. Doss and Jones sold some of the stolen firearms to other individuals. Doss and Jones are prohibited from possessing firearms under federal law because they are previously convicted felons.
On April 19, 2023, as part of this investigation, law enforcement officers with the ATF and IMPD executed a search warrant at Hurts’ residence and seized two stolen firearms. Hurts was arrested and charged by criminal complaint with possession of stolen firearms.
To date, law enforcement officers have recovered approximately 33 stolen firearms as a part of this ongoing investigation. If you have any information regarding the theft, sale, or location of any of the stolen firearms, please contact Crime Stoppers. If you believe you are in possession of or have purchased one or more of the stolen firearms and were not aware they were stolen, please reach out to Crime Stoppers at 317-262-TIPS (8477).
If convicted of the conspiracy charge, each of the defendants face up to 5 years in federal prison. Each of the defendants also faces up to 10 years in federal prison if convicted of being a felon in possession of a firearm or possession of stolen firearms. A federal district court judge will determine any actual sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Zachary A. Myers, U.S. Attorney for the Southern District of Indiana, Randal Taylor, Chief of Indianapolis Metropolitan Police Department, and Daryl S. McCormick, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Columbus Field Division made the announcement.
“Thefts of firearms from interstate shipping are a significant source of the guns that drive the bloodshed in our streets,” said U.S. Attorney Myers. “This investigation and prosecution demonstrate that our office is determined to work with ATF and IMPD to get illegal guns out of the hands of dangerous criminals and to hold gun traffickers accountable. We urge the public to join us in this effort, and to contact the ATF and IMPD with any information relevant to this ongoing investigation.”
U.S. Attorney Myers thanked Assistant United States Attorneys Pamela S. Domash and Brad P. Shepard, who are prosecuting this case.
This case was brought as part of the Indiana Crime Guns Task Force (ICGTF). ICGTF is a partnership of law enforcement officers and analysts from several central Indiana law enforcement agencies in Boone, Hamilton, Hancock, Hendricks, Marion, Morgan, Johnson, and Shelby counties. In cooperation with state, local, and federal partners, ICGTF collaborates to address violent crime through a comprehensive strategy including innovative approaches to locating suspects and evidence related to violent crimes and illegal possession of firearms.
An indictment or criminal complaint are merely allegations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Four Men Arrested in Multistate Drug Trafficking ConspiracyRead the Press Release
BOSTON – Four men were arrested today for their alleged roles in a Lawrence-based drug trafficking conspiracy operating in Massachusetts and New Hampshire.
Esaias Gill-Gonzalez, 31, of Lawrence, Mass.; Domingo Lugo Diaz, 28, of Lawrence, Mass.; Cote Colby, 27, of Derry, N.H.; and Keith Lane, 25, of Salisbury, Mass., were arrested on charges of conspiracy to distribute and possess with intent to distribute controlled substances involving fentanyl, cocaine base and methamphetamine. All four were detained following their initial appearance in federal court and will return on April 28, 2023 for a probable cause and detention hearing.
According to the charging documents, the investigation, which began in September 2022, intercepted communications on numerous cellphones between drug dealers operating in the Merrimack Valley areas of Massachusetts and New Hampshire. It is alleged that the defendants distributed fentanyl, cocaine base and methamphetamine, as well as counterfeit pills containing fentanyl.
During today’s arrests, fentanyl, cocaine, cocaine base and methamphetamine were seized along with a pill press and over $52,000 in suspected drug proceeds.
The charge of conspiracy to distribute and possess with intent to distribute controlled substances provides for a sentence of up to 20 years in prison, at least three years and up to a lifetime supervised release and a fine of $1 million. 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.
United States Attorney Rachael S. Rollins and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. The investigation was led by the FBI’s North Shore Gang Task Force. Valuable assistance was provided by Homeland Security Investigations; the Bureau of Alcohol, Tobacco, Firearms, and Explosives; the U.S. Postal Inspection Service; Massachusetts State Police; the Essex County Sheriff’s Department; the Massachusetts Parole Board; the New England High Intensity Drug Trafficking Area Program; and the Derry (N.H.), Haverhill, Lawrence, Methuen and Salisbury Police Departments. Assistant U.S. Attorney Philip C. Cheng, of Rollins’ Organized Crime & Gang Unit is prosecuting the case.
This case 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-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is also 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 details contained in the charging documents are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Fort Wayne Man Sentenced to 78 Months in PrisonRead the Press Release
FORT WAYNE –Spencer Roberson, 43 years old, of Fort Wayne, Indiana, was sentenced by United States District Court Judge Holly A. Brady, April 20, 2023, after pleading guilty to possessing with intent to distribute controlled substances, announced United States Attorney Clifford D. Johnson.
Roberson was sentenced to 78 months in prison to be followed by 4 years of supervised release.
According to documents in the case, on October 2, 2021, Roberson possessed heroin, cocaine, and more than 40 grams of fentanyl or more than 10 grams of a fentanyl analogue, all of which were intended for distribution.
This case was investigated by the Drug Enforcement Administration with the assistance of the Indiana State Police and the Fort Wayne Police Department. The case was prosecuted by Assistant United States Attorney Lesley J. Miller Lowery.
Former Wyoming County Corrections Officer Indicted on Child Pornography ChargesRead the Press Release
BUFFALO, N.Y. - U.S. Attorney Trini E. Ross announced today that a federal grand jury has returned an indictment charging James D. Sutton, 37, of Depew, NY, with distribution and possession of child pornography. The charges carry a minimum penalty of five years in prison, and a maximum of 20 years.
Assistant U.S. Attorney Jonathan P. Cantil, who is handling the case, stated that according to the indictment, in October 2021, Sutton, a former Wyoming County Corrections Officer, distributed child pornography. In addition, on February 7, 2023, Sutton possessed images of child pornography involving a prepubescent minor on three different cellular telephones.
Sutton was arraigned this afternoon before U.S. Magistrate Judge Michael J. Roemer and was held pending a detention hearing on April 24. 2023.
The indictment is the result of an investigation by the New York State Police, under the direction of Major Eugene Staniszewski, the Federal Bureau of Investigation Child Exploitation Human Trafficking Task Force, under the direction of Special Agent-in-Charge Matthew Miraglia, and the National Center for Missing and Exploited Children.
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.
# # # #
Former Utica Tax Preparer Pleads Guilty to Filing False Tax ReturnsRead the Press Release
SYRACUSE, NEW YORK – Dianna Nolan, age 47, formerly of Utica, New York, pled guilty yesterday in federal court in Utica to filing false income tax returns. The guilty plea was announced by United States Attorney Carla B. Freedman and Thomas Fattorusso, Executive Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division (IRS-CI), New York Field Office.
In pleading guilty, Nolan admitted that she worked as a professional tax return preparer in Oneida County, New York, between at least 2014 through 2018. On her personal income tax returns for tax years 2017 and 2018, Nolan intentionally did not report all the income she received as a tax return preparer. Nolan also filed income tax returns on behalf of clients that falsely claimed losses from rental properties, thereby reducing the total taxes owed by these clients and causing losses to the IRS. In a signed plea agreement, Nolan agreed to pay restitution to the IRS totaling $101,636 for tax years 2014 through 2018.
Nolan, who recently relocated to Florida, will be sentenced on August 17, 2023. The charge to which Nolan pled guilty carries a maximum sentence of 3 years in prison, a fine of up to $250,000, a term of supervised release of up to 1 year, and a special assessment of $100. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case is being investigated by Internal Revenue Service-Criminal Investigation Division (IRS-CI), and it is being prosecuted by Assistant U.S. Attorneys Michael F. Perry and Melissa O. Rothbart.
Former Nonprofit Leader Pleads Guilty to Fraud in San AntonioRead the Press Release
SAN ANTONIO – A California man pleaded guilty Thursday to conspiracy to commit wire fraud and conspiracy to defraud the United States.
According to court documents, Hector Barreto, 61, of San Juan Capistrano, was one of two conspirators who operated the Latino Coalition Foundation, an entity organized as a charitable and tax-exempt organization, and Hispanic Business Roundtable Institute, formed as a domestic nonprofit corporation from October 2012 to September 2021. Barreto also controlled the two organizations’ bank accounts.
Barreto and co-conspirator Miguel Gutierrez solicited donations from at least two victims for the purpose of funding nonprofit programs. While some of the funding was used for its intended purpose, Barreto and Gutierrez also diverted between $250,000 and $550,000 of the charitable funds toward personal use credit card expenses. The payments to the co-conspirators were not reported and from 2017 to 2019, Barreto co-conspired to falsify the IRS Form 990s for the foundation.
Barreto’s plea came four days into a jury trial that was expected to last three weeks. He’s scheduled to be sentenced on Aug. 2 and faces a maximum penalty of 20 years in prison on the wire fraud charge and five years in prison on the charge of defrauding the U.S. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Jaime Esparza of the Western District of Texas and Acting Special Agent in Charge Rodrick J. Benton of IRS Criminal Investigation’s Houston Field Office made the announcement.
IRS-CI and FBI are investigating the case.
Assistant U.S. Attorneys Joseph Blackwell and Bill Harris are prosecuting the case.
###
Former Marine Who Led Double Life as Drug Trafficker Sentenced to 12 Years; Defendant Contacted Mexican Songwriter to Glorify him in Narco-BalladRead the Press Release
NEWS RELEASE SUMMARY – April 21, 2023
SAN DIEGO – Roberto Salazar II, who until his arrest was an active-duty U.S. Marine stationed at Marine Corps Air Station Miramar, was sentenced in federal court to 144 months in prison for his role in a years-long drug importation and distribution conspiracy that involved dozens of smuggling events.
Salazar pleaded guilty in October 2022 to conspiring to distribute controlled substances, including heroin, methamphetamine, cocaine and fentanyl, and to importing fentanyl into the United States from Mexico. According to his plea agreement, Salazar recruited, managed, and paid multiple drug couriers—both before he joined the Marine Corps and while he was on active duty. He also personally distributed controlled substances within the United States.
According to court documents, Salazar and his co-conspirators favored the use of specific model cars with a unique engine compartment they used to conceal and import drugs. Salazar helped to obtain these specific cars and deliver them to a business in Mexico, where couriers would be directed to retrieve the cars with drugs loaded inside them and drive them across the border.
By the time Salazar and his codefendants were arrested, according to prosecutors, Salazar had become so involved in drug trafficking that he was commissioning a Mexican songwriter to write a drug ballad known as a “narcocorrido” about him. Information gathered from Salazar’s seized cell phones showed he was in communication with a Mexican songwriter about writing music and lyrics celebrating his role in drug trafficking, including references to his military service.
In one line that Salazar suggested to the songwriter, he boasted: “I wanted to study and became a soldier, but I liked the fast life better.”
Among the individuals Salazar personally recruited were two former service members who had recently been discharged from the Marine Corps at the time Salazar recruited them. Salazar directed these individuals’ activities and paid them $2,000 each time they successfully imported drugs. Several of the drug couriers who worked for Salazar or his co-conspirators, including one of the former Marines recruited by Salazar, were caught at the border by Customs and Border Protection officers and charged with importing controlled substances. In another failed attempt to deliver drugs in Las Vegas, one of Salazar’s co-conspirators abandoned a kilogram of heroin on a grocery store shelf and fled from law enforcement.
“This case involved a Marine who was supposed to protect and defend our country, but instead brought great harm to Americans by trafficking fentanyl and other dangerous drugs,” said U.S. Attorney Randy Grossman. “He also betrayed his solemn oath by recruiting other Marines to do the same. Through this case, the defendant has been held to account for his crimes and we have dismantled yet another link in the supply chain for the deadly narcotics that are indiscriminately killing members of our community.” Grossman thanked the prosecution team, Homeland Security Investigations, Customs and Border Protection and the Naval Criminal Investigative Service for their outstanding work on this case.
“While disheartened by an individual who hid in the ranks of our prestigious U.S. military, this should serve as a warning to any would-be narcotics smugglers, that you cannot hide your nefarious crimes and you will be held accountable,” said Chad Plantz, Special Agent in Charge of HSI San Diego. “Today’s sentencing is a result of ongoing HSI investigation, in collaboration with our law enforcement partners, to disrupt and dismantle transnational criminal organizations and their importation of deadly narcotics into the U.S.”
“Mr. Salazar betrayed his oath to the Marine Corps and posed a significant threat to our national security by participating in an illegal operation to smuggle fentanyl into the United States,” said Special Agent in Charge Todd Battaglia of the NCIS Marine Corps West Field Office. “NCIS and our partners remain committed to fully investigating all allegations of criminality within the ranks that threaten military readiness and jeopardize the safety of our community members.”
"Through his actions Mr. Salazar violated his duty as a Marine, dishonored the public's trust and promoted conditions that endangered the safety of the people,” said Sidney K. Aki, Director of Field Operations for San Diego Field Office. “National security efforts, which include narcotics interdictions, must remain our primary focus. Today’s sentencing is a clear indication of the strong partnership that continues in San Diego between federal agencies.”
DEFENDANT Case Number 22-cr-216-JLS
Roberto Salazar II Age: 26 San Diego, CA 144 months
Jose Ernesto Lopez (2) Age: 24 Bell Gardens, CA 70 months
Juan Carlos Zepeda-Santos (3) Age: 40 Lynwood, CA 33 months
SUMMARY OF CHARGES
Conspiracy to Distribute Heroin, Methamphetamine, Cocaine, and Fentanyl – Title 21, United States Code, Sections 841 and 846
Mandatory Minimum: Ten years in prison
Maximum penalties: Life in prison and $10 million fine
Importation of Fentanyl – Title 21, United States Code, Sections 952 and 960
Mandatory Minimum: Ten years in prison
Maximum penalties: Life in prison and $10 million fine
AGENCY
Homeland Security Investigations
U.S. Customs and Border Protection
Naval Criminal Investigative Service
Former Chairman of Riviera Beach Housing Authority Sentenced to Federal Prison for Soliciting KickbackRead the Press Release
MIAMI – Delvin Thomas, 44, of West Palm Beach, Florida, the former chairman of the Riviera Beach Housing Authority, has been sentenced to 15 months in federal prison after pleading guilty in December 2022 to one count of extortion under color of official right. Thomas also must forfeit $9,400.
In 2019, Thomas was the chairman of the Riviera Beach Housing Authority. In about April 2019, the Riviera Beach Housing Authority was looking to purchase a parcel of real estate located in Riviera Beach for future use as low-income rental property. Thomas introduced a real estate broker to the person at the Riviera Beach Housing Authority responsible for purchasing the property. The broker would serve as the buyer’s agent for the real estate transaction.
The Riviera Beach Housing Authority contracted to purchase the property, with the buyer’s agent set to receive a 3% commission on the price. After the contract was entered into, Thomas informed the buyer’s agent that he (Thomas) was to receive 50% of the commission.
At the real estate closing, the buyer’s agent’s company was paid a commission of $18,930, and Thomas reminded the agent about Thomas’s 50% cut ($9,400). To hide the unlawful payment, Thomas contacted a third party who agreed to help.
That third party deposited two checks issued to the third party’s business bank account -- one for $6,400, the other for $3,000. The checks falsely stated in their memo sections that the payments were for “Company Branding” and “Marketing Services.” Then, the third party issued two checks from that account to the account of Sire Development Group, LLC -- a company owned by Thomas. Those checks falsely stated in their memo sections that the payments were for “Consulting Services.”
U.S. Attorney Markenzy Lapointe for the Southern District of Florida and Special Agent in Charge Jeffrey B. Veltri of the FBI, Miami Field Office, announced the sentence imposed in West Palm Beach federal court by U.S. District Judge Kenneth A. Mara.
FBI Miami investigated the case. Assistant U.S. Attorney Jeffrey N. Kaplan prosecuted it.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.
###
Felon Convicted of Possessing Ammunition Used in Murder in QueensRead the Press Release
Today in federal court in Brooklyn, Kevin Edwards was convicted of being a felon in possession of ammunition in connection with the February 8, 2020 fatal shooting of a man in Corona, Queens. The verdict followed a five-day trial before United States District Judge Edward R. Korman. When sentenced, Edwards faces up to 10 years in prison.
Breon Peace, United States Attorney for the Eastern District of New York, announced the verdict.
“Today, the jury has served justice on the defendant for his violent crime and disregard for the law, which tragically cost a young man his life,” stated United States Attorney Peace. “I commend the prosecutors and the investigators for their dedication to reducing gun violence in our district and holding repeat offenders accountable for their actions.”
Mr. Peace thanked the Federal Bureau of Investigation, New York Field Office, and the New York City Police Department (NYPD) for their outstanding investigative work on the case.
As proven at trial, on February 8, 2020, shortly after 12 p.m., the defendant drove to Northern Blvd. and 101st Street in Queens, New York near a bodega where the victim Dontae Hambrick was standing with other men. As captured on a nearby surveillance camera, after double parking his vehicle, the defendant walked over to the group of men, shook hands with three of the men before pulling out a handgun, and fired at least six rounds of .40 caliber ammunition at Hambrick, hitting him in the torso and legs. Edwards got back into the SUV and fled. Hambrick was transported to Elmhurst Hospital Center where he was pronounced dead. NYPD officers canvassed the area and recovered video from a security camera near the crime scene and six .40 caliber shell casings.
At the time of the shooting, Edwards had three prior felony drug convictions.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of its renewed focus on targeting violent criminals, directing all U.S. Attorneys’ Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
Assistant United States Attorneys Adam Amir and Lauren Bowman are in charge of the prosecution with the assistance of Paralegal Specialist Bridget Donovan.
The Defendant:
KEVIN EDWARDS (also known as “Cuzzo”)
Age: 42
Queens, New YorkE.D.N.Y. Docket No. 21-CR-165 (ERK)
Federal Jury Convicts Two Men for Conspiring to Transfer Unregistered Machinegun Conversion Devices Disguised as “Pen Holders”Read the Press Release
Jacksonville, Florida – United States Attorney Roger B. Handberg announces that a federal jury today found Kristopher Justinboyer Ervin (43, Orange Park) and Matthew Raymond Hoover (39, Wisconsin) guilty of conspiring to transfer unregistered machinegun conversion devices that they referred to as “Auto Key Cards.” Additionally, Ervin was convicted of seven counts of transferring unregistered machinegun conversion devices, three counts of possessing unregistered machinegun conversion devices, and one count of structuring cash transactions to avoid currency transaction reporting requirements. Hoover was also convicted of four counts of transferring unregistered machinegun conversion devices. Ervin faces a maximum penalty of 110 years in federal prison and Hoover faces a maximum penalty of 45 years in federal prison. The sentencing hearing is scheduled for July 31, 2023. Ervin was first charged on March 2, 2021, and Hoover on January 26, 2022. Both Ervin and Hoover have been remanded to the custody of the U.S. Marshals Service.
According to testimony and evidence presented at trial, in January 2021, Ervin’s bank contacted the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to report that employees believed that Ervin was trafficking in machinegun conversion devices. Subsequent investigation revealed that Ervin was running an online business selling machinegun conversion devices, known as lightning links, etched into metal cards, which he referred to as Auto Key Cards. Ervin described the Auto Key Card as a “pen holder,” a “novelty,” and a “political sculpture.” A lightning link can be dropped into an otherwise legal AR-15 type firearm and convert it into a fully automatic machinegun.
In February 2021, federal agents from ATF and the U.S. Postal Inspection Service (USPIS) surveilled Ervin and observed him dropping off dozens of packages at an Orange Park, Florida post office, each of which was determined to contain unregistered machinegun conversion devices.
The ATF examined the Auto Key Cards and a firearms enforcement officer was able to remove the pieces of a lightning link from an Auto Key Card using a common Dremel rotary tool in about 40 minutes. When the firearms enforcement officer placed the two pieces of the lightning link into an AR-15 type firearm, it converted the semi-automatic firearm to be fully automatic.
Hoover operated a YouTube channel called CRS Firearms on which he advertised Auto Key Cards. In his videos, Hoover stated that “laws only work if we follow them” and encouraged his viewers to use “discreet ordering” by mail to purchase Auto Key Cards. Hoover stated that his viewers could cut a lightning link out of the Auto Key Card, “drop it in your receiver, scratch your full auto itch, throw it away when you’re done” and “no one’s the wiser.”
Hoover’s videos advertising the Auto Key Card led to a substantial increase in Ervin’s sales. Ervin sold more than 2,000 Auto Key Cards in only a few months. Multiple purchasers of the Auto Key Card testified at trial that they had learned about it from Hoover’s videos and purchased the Auto Key Card intending to use it to convert their AR-15 type weapons into machineguns. Ervin compensated Hoover for his advertisements by sending cash through the mail and, on one occasion, a Louis Vuitton purse.
In March 2021, federal agents executed a search warrant at Ervin’s home and recovered Auto Key Cards containing etchings for more than 1,500 lightning links.
This case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the U.S. Postal Inspection Service, and the Internal Revenue Service – Criminal Investigation. It is being prosecuted by Assistant United States Attorneys Laura Cofer Taylor and David B. Mesrobian.
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.
Federal Court Finds City of Miami Lieutenant Firefighter in ContemptRead the Press Release
On April 18, 2023, a federal court in the Southern District of Florida found Norman G. Williams Jr., a Lieutenant firefighter with the City of Miami, in contempt of court for continuing to prepare tax returns in violation of a preliminary injunction and a permanent injunction. The court ordered that he disgorge to the United States more than $40,000 in return preparer fees that he earned for tax returns prepared in violation of the injunctions.
In 2022, the court permanently enjoined Mr. Williams from preparing tax returns for others and ordered him to disgorge over $26,000 in ill-gotten gains. Despite the court’s orders prohibiting Mr. Williams from preparing or assisting in the preparation of tax returns for others, the court found that Mr. Williams continued his return preparation activities and endeavored to conceal them by preparing returns under his fiancée’s name and preparer tax identification number. The court found that Mr. Williams willfully violated the injunctions by preparing another 173 tax returns, including 36 returns for other firefighters.
Deputy Assistant Attorney General David A. Hubbert of the Justice Department’s Tax Division made the announcement.
Return preparer fraud is one of the IRS’ Dirty Dozen Tax Scams and taxpayers seeking a return preparer should remain vigilant. (More information can also be found here.) The IRS has information on its website for choosing a tax preparer, has launched a free directory of federal tax preparers, and offers information on how to avoid “ghost” tax preparers, whose refusal to sign a return should be a red flag to taxpayers. The IRS also has a checklist of things to remember when filing income tax returns in 2022.
In addition, IRS Free File, a public-private partnership, offers free online tax preparation and filing options on IRS partner websites for individuals whose adjusted gross income is under $72,000. For individuals whose income is over that threshold, IRS Free File offers electronical federal tax forms that can be filled out and filed online for free. The IRS has tips on how seniors and individuals with low to moderate income can get other help or guidance on tax return preparation, too.
In the past decade, the Tax Division has obtained injunctions against hundreds of unscrupulous tax preparers. Information about these cases is available on the Justice Department’s website. An alphabetical listing of persons enjoined from preparing returns and promoting tax schemes can be found this page. If you believe that one of the enjoined persons or businesses may be violating an injunction, please contact the Tax Division with details.
Eleven persons charged in large meth trafficking investigation on Crow and Northern Cheyenne Indian Reservations and three counties arraigned on indictmentsRead the Press Release
BILLINGS—Ten persons arrested on allegations of trafficking methamphetamine on the Crow and Northern Cheyenne Indian Reservations and in Yellowstone, Big Horn and Rosebud counties appeared for arraignment today on indictments alleging multiple crimes, while another individual was arraigned on April 20 on a related case, U.S. Attorney Jesse Laslovich said.
Seven of the defendants face charges in a multi-count indictment alleging meth trafficking, firearms and money laundering crimes. Four additional defendants, including one who previously was in custody, face meth trafficking charges in three companion indictments.
U.S. Magistrate Judge Timothy J. Cavan presided. All defendants were detained pending further proceedings.
Agents with the Bureau of Indian Affairs, Drug Enforcement Administration and FBI arrested 10 of defendants on April 19 in a coordinated takedown involving multiple law enforcement officers at various locations on the Crow and Northern Cheyenne Indian Reservations and in Yellowstone, Big Horn and Rosebud counties.
A 13-count indictment alleges that multiple defendants conspired to possess with intent to distribute meth from January 2022 through March 2023 in Billings, in Yellowstone County; Hardin, in Big Horn County; Crow Agency, Wyola and Lodge Grass, in Big Horn County and on the Crow Indian Reservation; and at Lame Deer, in Rosebud County and on the Northern Cheyenne Indian Reservation. The indictment further alleges possession and distribution trafficking crimes, firearms crimes and conspiracy to commit money laundering. The meth conspiracy count carries a penalty of a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release.
Seven of the defendants named in the indictment pleaded not guilty today to various counts. The defendants include Wendell Lefthand, 54, of Lodge Grass; Melanie Rose Bloodman, 54, a transient; Jeffrey Prettypaint, 30, of Crow Agency; Keilee Shambrae Diaz, 35, of Crow Agency; Zachary Douglas Bacon, 35, of Garryowen; Morgan Luke Hugs, 34, of Lodge Grass; and Anthony Springfield, 23, of Hardin. PACER case reference. 23-41.
In a companion indictment, defendants Hailey James, 43, of Lame Deer, and John Littlehead, 37, of Laurel, pleaded not guilty to three meth trafficking crimes. The indictment alleges that from about January 2022 until March 2023, James and Littlehead conspired to possess and distribute meth at Billings, in Yellowstone County; at Hardin, Crow Agency, Wyola and Lodge Grass, in Big Horn County and on the Crow Indian Reservation; and at Lame Deer in Rosebud County, and on the Northern Cheyenne Indian Reservation. The conspiracy count carries a penalty of a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release. PACER case reference. 23-37.
In a second companion indictment, Jacklyn Marcel Garcia-Littlebird, 58, of Lame Deer, pleaded not guilty to three meth trafficking crimes. The indictment alleges that from January 2022 until October 2022, at Lame Deer, in Rosebud County; and at Crow Agency, in Big Horn County; Garcia-Littlebird conspired with others to traffic meth. If convicted of the most serious crime, Garcia-Littlebird faces a mandatory minimum of five years to 40 years in prison, a $5 million fine and at last 4 years of supervised release. PACER case reference. 23-38.
In a third companion case, Geofredo James Littlebird, Jr., 39, of Lame Deer, who was previously in custody, pleaded not guilty on April 20 to meth trafficking and firearms offenses charged in a superseding indictment. Pacer case reference 22-149
The indictments are merely accusations, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt.
The Bureau of Indian Affairs, Drug Enforcement Administration and FBI investigated the cases.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
XXX
Department of Justice Commemorates National Crime Victims’ Rights WeekRead the Press Release
Memphis, TN – The Department of Justice’s Office of Victims of Crime (“OVC”) and the United States Attorney’s Office for the Western District of Tennessee, will join communities nationwide in observing National Crime Victims’ Rights Week and celebrating victims’ rights, protections, and services. This year’s observance takes place April 23-29, 2023, and features the theme, “Survivor voices: Elevate. Engage. Effect Change.”
Each year in April, the Department of Justice and United States Attorney’s Offices observe National Crime Victims’ Rights Week nationwide by taking time to honor victims of crime and those who advocate on their behalf. According to a report from the Bureau of Justice Statistics, in 2021, there were more than 4.6 million violent victimizations and 11.7 million property crimes.
The United States Department of Justice’s Office for Victims of Crime leads communities across the country in observing National Crime Victims’ Rights Week. In 1981, President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week to bring greater sensitivity to the needs and right of victims of crime.
Here, in the Western District of Tennessee, we have a dedicated Victim Witness Coordinator who supports federal crime victims by providing victims with essential services, including referrals to counseling, securing temporary housing, assisting with access to victim’s compensation funds, and accompanying victims to court proceedings to provide support and guidance. These services provide victims with tools to reshape their futures.
The U.S. Department of Justice, Office of Justice Programs, provides innovative leadership to federal, state, local, and tribal justice systems, by disseminating state-of the art knowledge and practices across the United States, and providing grants for the implementation of these crime-fighting strategies. Because most of the responsibility for crime control and prevention falls to law enforcement officers in states, cities, and neighborhoods, the federal government can be effective in these areas only to the extent that it can enter partnerships with these officers. National Crime Victims’ Rights Week resources can be found at https://ovc.ncjrs.gov/ncvrw/.
More information about the Office of Justice Programs and its components can be found at www.ojp.gov.
###
For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or [email protected]. Follow @ WDTNNews on Twitter for office news and updates.
Denison Man Sentenced to Seven Years in Federal PrisonRead the Press Release
A man found unconscious, behind the wheel another person’s vehicle on a private landowner’s property while in possession of a shotgun and a handgun, was sentenced April 13, 2023, to 7 years in federal prison.
Nickolas Schwenn, age 42, from Denison, Iowa, received the prison term after a November 10, 2023, guilty plea to one count of possession of a firearm by a felon and drug user.
Evidence in the case showed Schwenn was found on December 12, 2021, by a landowner on private farm ground, unconscious behind the wheel of a vehicle. When law enforcement arrived, they found Schwenn asleep in the driver’s seat of a Pontiac Bonneville which had license plates registered to a different vehicle. Law enforcement also observed a shotgun on the rear floorboard of the vehicle and a handgun in the door pocket of the driver’s side door. The deputy, who recognized Schwenn and knew him to be a felon, woke Schwenn and directed him to exit the vehicle, at which time Schwenn began to argue with the officer. Schwenn then put his vehicle in drive and rammed a cow gate in front of his vehicle. He then put his vehicle in reverse and rammed his vehicle into the front of the landowner’s vehicle. Officers, threatening Schwenn with a taser, got him out of his vehicle and placed him under arrest. Schwenn also advised that he had drugs in his pocket; however, no drugs were found on his person.
Schwenn was not capable of legally possessing a gun as a result of a conviction for burglary. Schwenn has additional convictions for eluding law enforcement.
Schwenn was sentenced in Sioux City by United States District Court Chief Judge Leonard T. Strand to 84 months’ imprisonment. He must also serve a 3-year term of supervised release after the prison term. There is no parole in the federal system.
Schwenn is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was investigated by Crawford County, Iowa Sheriff’s department and Monona County, Iowa Sheriff’s department and was prosecuted by Assistant United States Attorney Forde Fairchild.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-04023.
Follow us on Twitter @USAO_NDIA.
Dallas Man Charged with Firing at ATF AgentRead the Press Release
A Dallas man who allegedly shot at an ATF agent in an apparent fit of road rage has been federally charged, announced U.S. Attorney for the Northern District of Texas Leigha Simonton.
Michael Fagan, 30, was charged on April 19 with assaulting or impeding a federal officer. He made his initial appearance before U.S. Magistrate Judge Renée Toliver on Friday.
“Mr. Fagan’s behavior two weeks ago was allegedly violent and hostile; two adjectives that don’t go well with firearm possession. While acting in this manner, he encountered a highly trained and dedicated ATF Special Agent. Luckily for the citizens of Dallas, that ATF Special Agent was able to put a stop to Mr. Fagan’s alleged acts of violence,” stated ATF Dallas Field Division Special Agent in Charge Jeffrey C. Boshek II. “I would like to thank our partners at the Dallas Police Department, the Federal Bureau of Investigation, and the United States Attorney’s Office for aggressively investigating this vicious act upon one of my agents and friend.”
According to the complaint, around 8 p.m. on April 6, an ATF agent stopped at a red light near the entrance to the Dallas Arboretum noticed an SUV use the far-right turn lane to bypass all the other stopped cars and proceed through the intersection, running the red light.
A few blocks later, the agent observed the SUV’s driver, later identified as Mr. Fagan, inside the vehicle yelling and flailing his arms. Thinking the driver might be experiencing an emergency, the agent rolled down his front passenger window and asked if the driver was okay.
Mr. Fagan allegedly opened his driver-side door and began yelling incoherently at the agent, who instructed Mr. Fagan to get back in his vehicle. Mr. Fagan re-entered his vehicle, leaned over the passenger seat, and turned around to face the agent allegedly holding a black semiautomatic pistol in his hand.
The agent yelled “no,” or “don’t,” ducked down below the dashboard, and heard a gun discharge twice. The agent drew his weapon and fired three shots. Mr. Fagan fell back into the SUV.
He fled the scene to meet up with his girlfriend, who called 911 to report Mr. Fagan had been shot and took him to Baylor hospital.
In law enforcement interviews, Mr. Fagan acknowledged he had been drinking at a local club prior to the shooting. He claimed the driver of a mid-sized Chevrolet that had been tailgating him fired at him, and denied firing more than one round in the air in response.
No cars resembling the Chevy Mr. Fagan described were located in surveillance footage from the area and day in question. At the scene, law enforcement recovered five casings: three consistent with the duty ammunition carried by the ATF agent, and two consistent with another firearm.
A criminal complaint is merely an allegation of criminal conduct, not evidence. Mr. Fagan is presumed innocent until proven guilty in a court of law.
If convicted, he faces up to 20 years in federal prison.
The Bureau of Alcohol, Tobacco, Firearms & Explosives’ Dallas Field Division, the Dallas Police Department, and the Federal Bureau of Investigation’s Dallas Field Office conducted the investigation. Assistant U.S. Attorney Robert Withers is prosecuting the case.
DEA National Prescription Drug Take Back DayRead the Press Release
KNOXVILLE, Tenn. On Saturday, April 22nd, from 10 a.m. to 2 p.m., the U.S. Drug Enforcement Administration will provide the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Location information is available from the DEA, along with items that cannot be accepted. This service is free and anonymous, no questions asked.
This April’s event is DEA’s 23rd nationwide event since its inception 12 years ago. Last spring, Americans turned in nearly 647,163 pounds of prescription drugs at nearly 4,902 sites operated by the DEA and almost 5,000 from its state and local law enforcement partners.
The DEA will now accept vaping devices and cartridges at any of its drop-off locations during National Prescription Drug Take Back Day. It is important to note that DEA cannot accept devices containing lithium-ion batteries. If batteries cannot be removed prior to drop-off, DEA encourages individuals to consult with stores that recycle lithium-ion batteries. Concerns have been raised across the United States over illnesses and deaths caused by vaping and the high youth vaping initiation rates. To support a healthy lifestyle and energetic population, especially among America’s youth, DEA is committed to doing all it can to help safely dispose of vaping devices and substances.
The DEA’s “Take Back” day and “Get Smart About Drugs” initiatives address the vital public safety and public health issue. Medicines that languish in home cabinets are highly susceptible to diversion, misuse, and abuse. Rates of prescription drug abuse in the United States are alarmingly high, as are the number of accidental poisonings and overdoses because of these drugs. Synthetic opioids, such as illicit fentanyl, are the primary driver of the increase in overdose deaths. For information on DEA’s “Take Back” in Spanish, click here, or for more information on the “Get Smart About Drugs” publication, click for English or Spanish.
In addition to DEA’s National Prescription Drug Take Back Day, there are many other ways to dispose of unwanted prescription drugs every day, including the 11,000 authorized collectors that are available all year long. For more information, visit DEA’s year-round collection site locator. Participating in the next DEA Take Back Day on Saturday, April 22nd, simply means cleaning out your medicine cabinet or anywhere you keep unused, unwanted, or expired medications and dropping them off at your nearest collection site. For more information about the disposal of prescription drugs or about the April 22nd Take Back day event, go to DEA Drug Take Back event or by calling 800-882-9539.
The FDA also provides information on how to properly dispose of prescription drugs. More information is available here: English or Spanish.
###
Custer Man Indicted for Child PornographyRead the Press Release
RAPID CITY - United States Attorney Alison J. Ramsdell announced that a federal grand jury has indicted a Custer, South Dakota, man for Receipt of Child Pornography and Possession of Child Pornography.
Nathan Frisch, age 42, was indicted in March of 2023. He appeared before U.S. Magistrate Judge Daneta L. Wollmann on April 3, 2023, and pleaded not guilty to the Indictment.
The maximum penalty upon conviction is a mandatory minimum of five years in custody and/or a $250,000 fine, a mandatory minimum of five years of supervised release, and $100 to the Federal Crime Victims Fund for each count of conviction. Restitution may also be ordered.
The charges relate to Frisch downloading child pornography images from the Internet and transferring them from his laptop to the Google Drive account installed on his cellular phone.
The charges are merely accusations and Frisch is presumed innocent until and unless proven guilty.
The investigation is being conducted by Homeland Security Investigations and the South Dakota Internet Crimes Against Children Task Force. Assistant U.S. Attorney Heather Sazama is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Frisch was released on bond pending trial. A trial date has been set for June 6, 2023.
Crow Creek Man Convicted by Federal Jury for Assault with a Dangerous Weapon and Child AbuseRead the Press Release
PIERRE - United States Attorney Alison J. Ramsdell announced that James Drapeau, age 35, of Crow Creek, South Dakota, was found guilty of Assault with a Dangerous Weapon and Child Abuse as a result of a two-day federal jury trial in Pierre, South Dakota. The verdict was returned on April 20, 2023.
The charges carry a maximum penalty of up to twenty years in federal prison and/or a $500,000 fine, three years of supervised release, and a $200 special assessment to the Federal Crime Victims Fund. Restitution may also be ordered.
Drapeau was indicted by a federal grand jury in June of 2022.
The evidence at trial showed that on May 24, 2022, at a residence on the Crow Creek Sioux Indian Reservation, Drapeau became upset with a 14-year-old boy who was in his care. Drapeau threw the boy on the ground, kicked him repeatedly, and beat him with a broom stick and extension cord. As a result of the beating, the young boy sustained considerable bruising, welts, and abrasions on his head, back, arms, torso, buttocks, and legs.
This case was investigated by the Bureau of Indian Affairs – Office of Justice Services, Crow Creek Agency. Assistant U.S. Attorney Troy R. Morley prosecuted the case.
A presentence investigation report was ordered, and sentencing has been set for July 24, 2023. Drapeau was remanded to the custody of the U.S. Marshals Service pending sentencing.
Colorado Woman Sentenced for Possession with Intent to Distribute MethamphetamineRead the Press Release
United States Attorney Steven Russell announced that Yadira Chavarria-Enriquez, 44, of Colorado, was sentenced today in federal court in Lincoln, Nebraska, for possession with intent to distribute 500 grams or more of methamphetamine. Senior United States District Judge John M. Gerrard sentenced Robinson to 108 months’ imprisonment. There is no parole in the federal system. After her release from prison, she will begin a four-year term of supervised release. She will also forfeit $26,008 in U.S. currency to the United States.
On March 18, 2022, Chavarria-Enriquez was stopped for a traffic violation in Furnas County, Nebraska. Law enforcement searched the vehicle and located 1.3 kilograms of methamphetamine and $26,008 in U.S. currency.
This case was investigated by the Furnas County, Nebraska, Sheriff’s Office.
Colombian Men Sentenced to 22 Years in Federal Prison for Conspiring to Traffic over $100 Million Worth of CocaineRead the Press Release
Tampa, FL – U.S. District Court Judge Susan C. Bucklew today sentenced two brothers, Robin Castro-Gomez (36, Colombia) and Alvaro Castro-Gomez (41, Colombia), each to 22 years in federal prison for conspiring to possess with intent to distribute over 3,500 kilograms (7,700 pounds) of cocaine. The approximate value of this cocaine is over $100,000,000. The Castro-Gomez brothers had pleaded guilty on September 12, 2022.
According to court documents and information offered in open court, between August of 2017 and March of 2018, Robin and Alvaro Castro-Gomez conspired to traffic over 3,500 kilograms of cocaine through the Eastern Pacific Ocean via three different low-profile vessels. These cocaine-laden vessels left the shores of Tumaco, Colombia, with an ultimate destination of Central America for further importation into the United States. Alvaro Castro-Gomez has a prior federal conviction for trafficking narcotics on the high seas.
Regarding the first drug trafficking venture in August of 2017, Robin Castro-Gomez was the leader of this operation, recruiting mariners to partake in the trip, as well as giving orders and providing logistical equipment to his co-conspirators. Alvaro Castro-Gomez was present at the dispatch site and participated in furthering this drug trafficking conspiracy. After the low-profile vessel was launched from the shores of western Colombia, the United States Coast Guard interdicted the vessel approximately 420 nautical miles northwest of the Galapagos Islands. The target vessel had 998 kilograms (2,200 pounds) of cocaine stashed inside. (Photos of the vessel and cocaine bales below):
In November of 2017, Robin Castro-Gomez again led and organized another drug trafficking venture in the Eastern Pacific Ocean, giving orders to mariners and handling the logistical operations of the crime. Alvaro Castro-Gomez recruited, hired, and paid one of the mariners for his participation in the drug trafficking voyage. This boat, too, launched from the shores of western Colombia. The United States Coast Guard interdicted the low-profile vessel approximately 326 miles northwest of Isla de Coco, Costa Rica. The target vessel contained 1,453 kilograms (3,203 pounds) of cocaine. (Photo of vessel below)
Again, in March of 2018, Robin Castro-Gomez organized and operated another drug trafficking venture in the Eastern Pacific Ocean. Alvaro Castro-Gomez was also present at the dispatch site and participated in furthering the drug trafficking conspiracy. Days after the low-profile vessel launched from the western shores of Colombia, the United States Coast Guard interdicted the boat approximately 360 nautical miles south of Guatemala. The low-profile vessel was captured with 1,120 kilograms (2,469 pounds) of cocaine stored inside. (Pictures of the vessel and cocaine below)
This case was investigated by the United States Coast Guard and the Panama Express Strike Force, a standing Organized Crime Drug Enforcement Task Force (OCDETF) Strike Force comprised of agents and analysts from the Drug Enforcement Administration, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the U.S. Coast Guard Investigative Service, the Naval Criminal Investigative Service, and the U.S. Southern Command's Joint Interagency Task Force South. 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.
The case was prosecuted by Assistant United States Attorney David Pardo.
Clive Man Charged for Defrauding Elderly Individuals and Insurance CompaniesRead the Press Release
DES MOINES, IA – A federal grand jury in Des Moines returned an indictment on April 19, 2023, charging a Clive man with seventeen counts of mail and wire fraud, one count of conspiracy to commit mail and wire fraud, and two counts of money laundering over $10,000.
As alleged in the indictment, Zachary James Flaherty, 46, used his position as an insurance agent and annuity salesperson to defraud elderly individuals out of their retirement savings and other monies. To do that, Flaherty misrepresented information to and concealed information from his clients, including information relating to: the returns and bonuses his clients would receive by investing with him; the clients’ ability to make penalty-free withdrawals from their investments; and the losses clients could incur. After the clients agreed to invest money with Flaherty, he continued to misrepresent and conceal information, including information regarding: the returns clients were earning; the amount of money clients had invested with him; and the costs associated with withdrawing funds or cancelling their investments.
In addition, Flaherty encouraged victims to write checks to Flaherty personally and his businesses, including Midwest Senior Solutions Retirement Group, Inc. and Infinity Construction Group, LLC. At the same time, Flaherty misrepresented and concealed information about what he would do with the funds he received from the victims. Instead of depositing or investing the funds on the victims’ behalf, Flaherty deposited the funds into accounts he controlled, and he then used the funds for his own purposes and benefits, including to buy a boat and pay his mortgage and vehicle loans.
The indictment alleges that Flaherty’s conduct affected twelve specific victims in Iowa and Nebraska. On behalf of those victims, Flaherty obtained at least thirty-five annuities. Those twelve victims lost over $900,000 in charges, taxes, and fees in relation to their annuities. Those victims also wrote checks to Flaherty personally and his businesses which totaled over $1 million.
Further, the indictment alleges that Flaherty defrauded insurance companies out of commission payments. To do so, Flaherty caused annuity paperwork to be submitted to insurance companies which included misrepresentations and concealed information. Among other things, Flaherty submitted paperwork containing forged policyholder signatures. As a result of the annuity policies issued for the twelve victims in Iowa and Nebraska, insurance companies awarded commissions of over $650,000.
Finally, the indictment alleges that Flaherty conspired with another individual to commit mail and wire fraud. Flaherty and a co-conspirator agreed to execute and attempt to execute a scheme to defraud elderly individuals, primarily individuals in the Kansas City area.
If convicted, Flaherty faces a maximum penalty of twenty years in prison on each count.
United States Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
The Iowa Insurance Division’s Fraud Bureau and the Federal Bureau of Investigation are investigating the case, with assistance from the Des Moines Police Department, Clive Police Department, and the Iowa Department of Public Safety’s Division of Criminal Investigation. Assistant United States Attorney Kyle Essley is prosecuting the case.
Charleston Man Sentenced to Ten Years in Federal Prison for Sexual Exploitation of a Minor Through Social Media AppRead the Press Release
CHARLESTON, SOUTH CAROLINA — Samer Refaat Selwanes, 48, of Charleston, was sentenced to ten years in federal prison for sexual exploitation of a minor.
Selwanes pleaded guilty in September 2022 to sexual exploitation of a minor. According to court documents and hearings, an adult female reported to a victim assistance organization that when she was thirteen she began communicating with another user on Facebook Messenger, and she was coerced by that user to create sexually explicit images of herself. Law enforcement agents were informed and subsequently identified the offender as Selwanes.
Agents thereafter searched Selwanes’s residence and digital devices, and they also conducted a review of the victim’s cell phone. The electronic forensic evidence showed that from June 2013 to August 2016, Selwanes, who falsely purported to be a minor himself, communicated with the victim, who was a minor at that time, on Facebook Messenger and coerced her to create and transmit to him images of herself engaged in sexually explicit conduct.
United States District Judge Bruce Howe Hendricks sentenced Selwanes to 120 months in prison, to be followed by a life term of court-ordered supervision. There is no parole in the federal system.
Federal Bureau of Investigation (FBI) investigated the case. Assistant U.S. Attorney Dean H. Secor 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 epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and CEOS, 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.usdoj.gov/psc. Click on the “resources” tab for information about internet-safety education.
###
California Man Pleads Guilty to Committing Unemployment Insurance Benefits FraudRead the Press Release
LAS VEGAS – A California resident pleaded guilty today to using multiple California Employment Development Department (EDD) unemployment insurance benefits debit cards in other peoples’ names without their authorization.
Breon Dante Mims (32), of Stockton, Calif., pleaded guilty to illegal transaction with access devices. A sentencing hearing is scheduled for July 25, 2023, before United States District Judge Gloria M. Navarro. Mims faces a statutory maximum penalty of 15 years in prison.
According to court documents and admissions made in court by Mims, on September 20, 2020, Las Vegas Metropolitan Police Department officers stopped Mims walking along Las Vegas Boulevard after he was observed smoking a marijuana blunt in public. During the stop, officers obtained Mims’ consent to search his backpack, and they found $10,080 in cash and 10 EDD debit cards none of which were in Mims’ name. He admitted that he possessed and used these EDD debit cards without authorization; and that he submitted the unemployment claims associated with the EDD debit cards without authorization. At least $261,600 in benefits were approved for the unemployment claims associated with the cards, and Mims withdrew at least $77,000 from various ATMs in Nevada and California using these fraudulently obtained EDD debit cards.
United States Attorney Jason M. Frierson for the District of Nevada and Special Agent in Charge Quentin Heiden of the U.S. Department of Labor Office of Inspector General (DOL-OIG), Western Region made the announcement.
The DOL-OIG investigated the case. Assistant United States Attorney Jim Fang is prosecuting the case.
In May 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 Hotline at 866-720-5721 or via the NCDF web complaint form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
###
Boston Drug Trafficker Pleads Guilty to Cocaine TraffickingRead the Press Release
BOSTON – A drug trafficker operating out of the Boston area has pleaded guilty to his role in a cocaine trafficking conspiracy.
Maurice Coates, 45, of Randolph, pleaded guilty on April 18, 2023 to one count of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine. U.S. District Court Judge Richard G. Stearns scheduled sentencing for July 26, 2023.In June 2020, Coates was charged along with 23 others as part of Operation Snowfall. According to the charging documents, beginning in November 2018, law enforcement conducted an investigation into drug trafficking activities by Boston-based street gang members and associates in the Commonwealth Development in Brighton, formerly known as Fidelis Way, a multi-apartment public housing development. It is alleged that the defendants, through their drug trafficking activities, assumed control over multiple apartments, where they stored, cooked, packaged and sold drugs. As a result, their activities caused a blight of the development and reduced the quality of life of the other residents.
The investigation also targeted large-scale drug suppliers and their associates. It is alleged that the targets continued to distribute cocaine and cocaine base throughout the COVID-19 pandemic and shutdown. Coates is the 16th defendant to plead guilty in that case.Coates was identified as a significant drug supplier and distributor within the drug conspiracy, during which it is estimated he distributed over 500 grams of cocaine. During intercepted calls with co-defendant Kenji Drayton, Coates used drug-coded language to discuss their drug supply needs and to coordinate drug deal meetups. At times, those communications were corroborated by surveillance.
One remaining defendant in the case has pleaded not guilty and is pending trial. Another defendant, Derek Hart, remains at large. On Sept. 28, 2022, Drayton was sentenced to five years in prison and four years of supervised release.
The charge of conspiracy to distribute and to possess with intent to distribute 500 grams or more of cocaine provides for a mandatory minimum sentence of five years and up to 40 years in prison, at least four years and up to a lifetime of supervised release and a fine of up to $5 million. 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.
First Assistant United States Attorney Joshua S. Levy; Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, Boston Field Division; Brian Kyes, U.S. Marshal for the District of Massachusetts; John E. Mawn, Jr., Interim Colonel of the Massachusetts State Police; and Boston Police Commissioner Michael Cox made the announcement. Assistance with the investigation was provided by the Braintree, Cambridge, Canton, Randolph and Weymouth Police Departments; the Suffolk, Norfolk and Bristol County District Attorneys’ Offices; and the Suffolk, Plymouth and Norfolk County Sheriffs’ Office. Assistant U.S. Attorneys Kaitlin R. O’Donnell and Timothy E. Moran of the Organized Crime & Gang Unit are prosecuting the case.This effort 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-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Beaufort Man Sentenced to 14 Years in Federal Prison for Possession of Child PornographyRead the Press Release
CHARLESTON, SOUTH CAROLINA — Leonardo Rubio, 23, of Beaufort, South Carolina, was sentenced to 14 years in federal prison after pleading guilty to possession of child pornography.
Evidence presented to the Court showed that beginning in at least 2016 and continuing through June 11, 2021, Leonardo Rubio sought, received, produced, and distributed images, videos, and files containing child pornography using multiple cell phones, data storage devices, the Kik social media messaging application, and Dropbox online cloud storage. Rubio’s crimes were discovered after Naval Criminal Investigative Service (NCIS) special agents received a NCMEC CyberTip from Dropbox, which indicated Rubio had uploaded at least 10 images containing child pornography to their cloud service. The special agents then obtained a search warrant for Rubio’s residence located on the Marine Corps Air Station in Beaufort.
During a forensic examination of devices seized from Rubio, analysts located a total of 26,114 images and 1,505 videos containing child pornography involving prepubescent male and female victims ranging in age from 3 months to 14 years old. During interviews, Rubio informed agents he also had distributed between 150 to 200 images of child pornography to other individuals using the Kik messaging application. Rubio also admitted to sexually assaulting an 8- or 9-year-old relative, as well as photographing himself engaged in sexual contact with his wife’s 7-year-old relative, when he was approximately 16 years old.
United States District Judge Bruce Howe Hendricks sentenced Rubio to 168 months in prison, to be followed by a life term of court-ordered supervision. There is no parole in the federal system. Judge Hendricks further ordered that the defendant pay $69,000 to the 23 victims seeking restitution in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the U.S. Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals, who sexually exploit children, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
This case was investigated by the Naval Criminal Investigative Service. Assistant U.S. Attorney Allessandra Stewart is prosecuting the case.
###