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Thursday 12 May 2022
Salem Man Sentenced to Five Years in Prison for COVID-19 and Tax Fraud SchemesRead the Press Release
BOSTON – A Salem man was sentenced yesterday in federal court in Boston in connection with orchestrating two fraud schemes involving COVID-19 relief funds and tax returns submitted using stolen identities.
Roosevelt Fernandez, 42, was sentenced by U.S. District Court Judge Richard Stearns to five years in prison and three years of supervised release. Fernandez was also ordered to pay $198,402 in restitution and forfeiture. On Jan. 6, 2022, Fernandez pleaded guilty to two counts of wire fraud and one count of aggravated identity theft.
In as early as 2018, Fernandez, a tax preparer, operated a Salem-based tax preparation business called Soluciones Multi Service. Though his business, Fernandez used personal identifying information of certain taxpayers to prepare and file fraudulent federal and state tax returns on their behalf without their knowledge. A number of these returns included fraudulent W-2 Forms purportedly issued by employers for whom the named taxpayer did not in fact work. Various fraudulent refunds were deposited into an account in the name of Soluciones Multi Service. In addition, a May 2020 fraudulent Economic Income Payment – stimulus authorized by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) – was deposited into this same account. Fernandez was depicted on ATM surveillance footage depositing another fraudulent tax refund check into this account. Overall, the investigation uncovered approximately 40 fraudulent tax returns associated with Fernandez, totaling over $620,000 in requested refunds.
In addition, Fernandez applied for 10 Economic Injury Disaster Loans (EIDL) from the U.S. Small Business Administration (SBA), either in his own name or in the names of entities he controlled. EIDL funds were available to eligible individuals and businesses pursuant to the CARES Act. In June 2020, Fernandez applied for an EIDL under Soluciones Multi Service and submitted a false tax filing in support of the application. As a result, the SBA deposited $124,900 into a bank account controlled by Fernandez from which he withdrew more than $80,000 in cash over the next two weeks. In August 2020, Fernandez applied for an EIDL in the name of another business using fraudulent tax filing information. As a result, the SBA deposited $149,900 into the same bank account.
United States Attorney Rachael S. Rollins and Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service-Criminal Investigation Division for the Boston Field Office, made the announcement. The U.S. Postal Inspection Service and the Massachusetts Department of Revenue Criminal Investigations Bureau provided valuable assistance with the investigation. Assistant U.S. Attorney Bill Abely, Chief of Rollins’ Criminal Division, prosecuted the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Sacramento Woman Indicted for Bank Fraud, Identity Theft, and Possession of Stolen MailRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a five-count indictment today against Ashley Leyba, 32, of Sacramento, charging her with bank fraud, aggravated identity theft, and possession of stolen mail, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Leyba executed a scheme to defraud a financial institution. She obtained identity information, identification documents, cards, and checks belonging to other people without their authorization. Leyba obtained at least some of these items from stolen mail. She used stolen identification to cash altered stolen checks to obtain money and other things of value from a credit union. On March 22, 2022, Leyba was found to be in possession of stolen mail.
This case is the product of an investigation by the U.S. Postal Inspection Service and the Sacramento Police Department. Assistant U.S. Attorney Elliot C. Wong is prosecuting the case.
If convicted, Leyba faces a maximum statutory penalty of 30 years in prison and a $1 million fine for each count of bank fraud, a mandatory two-year sentence on each count of aggravated identity theft, and a maximum statutory penalty of five years in prison and a $250,000 fine for the count of possession of stolen mail. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Sacramento Grand Jury Indicts Riverside County Man and Woman for Fentanyl Distribution and Money Laundering ConspiracyRead the Press Release
SACRAMENTO, Calif. — A federal grand jury returned a two-count indictment today against Holly Adams, 31, and Devlin Hosner, 33, of Indio, charging them with conspiracy to distribute and possess with intent to distribute fentanyl and methamphetamine, and with conspiracy to launder money, U.S. Attorney Phillip A. Talbert announced.
According to court documents, Adams and Hosner operated the vendor accounts “igogrraawwr” and “its4real” on the dark web marketplaces ToRReZ and Dark0de, respectively, through which they sold tens of thousands of counterfeit oxycodone pills containing fentanyl in exchange for cryptocurrency. Adams and Hosner shipped these fentanyl pills to buyers throughout the United States, using the U.S. Postal Service, UPS, and other means of delivery.
Adams and Hosner operated vendor accounts on the dark web from at least May 2021 through March 2022. In the course of their conspiracy, Adams and Hosner finalized over 1,100 transactions of narcotics and other contraband and received more than $800,000 in cryptocurrency. Federal law enforcement officers executed a search warrant in March at a hotel in Riverside County where Adams and Hosner were residing, and recovered more than 10,000 counterfeit oxycodone pills as well as approximately 60 grams of methamphetamine.
This case is the product of an investigation by the Northern California Illicit Digital Economy (NCIDE) Task Force, which includes Homeland Security Investigations, the Federal Bureau of Investigation, the U.S. Postal Inspection Service, the U.S. Postal Service Office of Inspector General, and the Internal Revenue Service - Criminal Investigation. The NCIDE Task Force is a federal task force focused on targeting all forms of illicit dark web and cryptocurrency activity in the Eastern District of California and beyond. Assistant U.S. Attorney Sam Stefanki is prosecuting the case.
If convicted, Adams and Hosner each face a maximum statutory penalty of life in prison and a $10 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
Rocklin Business Owner Pleads Guilty to Defrauding Banks While Awaiting Sentencing on Other Fraud and Money Laundering ChargesRead the Press Release
SACRAMENTO, Calif. — Kevin Lee Co, 51, of Rocklin, pleaded guilty today to submitting false statements to a financial institution, U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Dec. 8, 2016, Co pleaded guilty to wire fraud and money laundering for embezzling approximately $4.8 million from his former employer, Holt of California. Co used the money he embezzled to purchase, among other things, luxury cars, home furniture, and NFL football and NBA basketball season tickets. While out of custody and awaiting sentencing on those charges, Co defrauded federally insured financial institutions by submitting false statements to qualify for loans that were part of the Paycheck Protection Program.
Co was the sole owner of Apollo HP Inc., a Rocklin-based company that sells generators, windows, and residential solar panels. Between April 2020 and January 2021, Co applied for and obtained Paycheck Protection Program loans for his company. The loan applications required him to disclose his pending criminal charges and guilty pleas. However, in his loan applications, Co concealed the fact that he had pleaded guilty to wire fraud and money laundering charges in order to cause two banks to approve loans for his company. As a result of Co’s false statements, financial institutions suffered a total loss of $530,552.
This case was the product of an investigation by the IRS Criminal Investigation, the Federal Bureau of Investigation, and the Federal Reserve Board and Consumer Financial Protection Bureau – Office of Inspector General. Assistant U.S. Attorney Brian A. Fogerty is prosecuting the case.
Co is scheduled to be sentenced by U.S. District Judge Troy L. Nunley on Aug. 18, 2022. On the false statements charge, Co faces a maximum statutory penalty of 30 years in prison and a $1 million fine. Because the offense was committed while on release pending sentencing, the court may impose an additional consecutive sentence of up to 10 years in prison. Co also faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for the wire fraud charge. For the money laundering charge, Co faces a maximum statutory penalty of 20 years in prison and a fine of up to $500,000, or twice the value of the property involved in the money laundering transactions. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
Readout of Deputy Attorney General Lisa O. Monaco’s Trip to ChicagoRead the Press Release
Earlier this week, Deputy Attorney General (DAG) Lisa O. Monaco traveled to Chicago for a series of engagements that focused on the integrity of the Department of Justice as well as the department’s ongoing partnerships with law enforcement and community leaders to promote public safety.
On Monday, DAG Monaco returned to her alma mater, the University of Chicago Law School where she met with a group of law students to talk about her career path and the role the Department of Justice serves in maintaining the rule of law. She also met separately with a group of students from the Institute of Politics (IOP) to highlight the importance of public service.
That evening, the DAG participated in the IOP’s Speaker Series, for a discussion on how the Department of Justice “enforces the rule of law in a highly polarized world” and how the department is working to defend our democracy, including with respect to the January 6th investigation. The DAG fielded a range of questions about how the department strikes a balance between transparency and promoting public confidence while simultaneously protecting the integrity of the department’s investigations, consistent with its norms and traditions. A full link of the DAG’s session is available here: Justice in the Spotlight: A talk with Lisa Monaco, Deputy Attorney General of the United States.
On Tuesday morning, the DAG participated in a conversation with University of Chicago President Paul Alivisatos to launch the University’s new Community Safety Leadership Academies, which will help to train the next generation of police and community violence intervention leaders from across America. In her conversation, the DAG emphasized the need to prioritize investments in both policing best practices and community violence intervention in order to keep our communities safe. A full link of the DAG’s session is available here: University of Chicago Community Safety Leadership Academies.
Afterwards, the DAG visited the headquarters of the Chicago Police Department (CPD), where she toured the Crime Prevention & Information Center (CPIC), to see how CPD is using cutting-edge technology — in coordination with federal law enforcement partners — to fight crime in Chicago. The DAG also met with CPD Superintendent David O. Brown and his First Deputy Superintendent Eric Carter to discuss trends in violent crime as well as the coordinated efforts between state, local and federal law enforcement to protect Chicago communities.
From there, the DAG went to the U.S. Attorney’s Office for the Northern District of Illinois (NDIL), where she met with U.S. Attorney John Lausch and his leadership team, and where she received a series of case briefings from NDIL attorneys. The DAG also convened a roundtable with state, local and federal law enforcement leaders where they discussed a variety of public safety issues and how to best partner together to address them.
The DAG’s trip concluded with an all-hands meeting at the U.S. Attorney’s Office, where she had a chance to hear from and talk with the dedicated men and women of the U.S. Attorney’s Office for the Northern District of Illinois.
Raleigh County Man Sentenced to Prison for Federal Drug CrimeRead the Press Release
BECKLEY, W.Va. – A Raleigh County man was sentenced today to five years and 10 months in prison, to be followed by three years of supervised release, for possession with intent to distribute a quantity of heroin.
According to court documents and statements made in court, law enforcement officers executed a search warrant on the residence of Edward Paul Potter, 42, of Bradley, on December 1, 2020. During the search, law enforcement officers found over 50 grams of a heroin and fentanyl mixture, $1,356 in U.S. currency, and 17 firearms. Potter admitted that he possessed and intended to sell the heroin and fentanyl mixture. Potter further admitted that he had been working with a drug trafficking ring operating from Detroit and he had been receiving regular shipments of heroin.
United States Attorney Will Thompson made the announcement and commended the investigative efforts of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
United States District Judge Frank W. Volk imposed the sentence. Assistant United States Attorney Alex Hamner prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 5:21-cr-167.
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Pharr man admits to trafficking over $600K of narcoticsRead the Press Release
McALLEN, Texas – A 30-year-old Texan has pleaded guilty to smuggling heroin and meth, announced U.S. Attorney Jennifer B. Lowery.
Gerardo Jimenez admitted that on Nov. 3, 2020, he knowingly entered the Hidalgo Border Patrol (BP) Port of Entry with drugs in his car.
Upon inspection, a K-9 alerted authorities to the hood of Jimenez’s vehicle. Authorities soon discovered four kilograms of heroin and two kilograms of 100% pure meth concealed in the battery of his car.
The drugs had an estimated street value of $654,000.
U.S. District Judge Micaela Alvarez will impose sentencing Aug. 19. At that time, he faces a minimum of 10 years in federal prison and a possible $10 million maximum fine.
Jimenez has been and will remain in custody pending that hearing.
Homeland Security Investigations conducted the investigation with the assistance of Customs and Border Protection. Assistant U.S. Attorney Eliza Carmen Rodriguez is prosecuting the case.
Peoria Woman Pleads Guilty to Making False Statements in Connection with Straw-Purchasing SchemeRead the Press Release
PEORIA, Ill. – A Peoria, Illinois, woman, Keena Fauntleroy, 28, of the 2600 block of West Humboldt Street, pleaded guilty on May 11, 2022, to one count of making false statements in connection with the acquisition of firearms, commonly referred to as straw purchasing. The false statements related to her purchase of firearms for her partner, Jarmarco O. Moore, 32, of the 1300 block of North Machin Ave., in Peoria, Illinois, who was prohibited from possessing firearms due to his status as a felon. Sentencing for Fauntleroy is scheduled for September 8, 2022, at the federal courthouse in Peoria.
Moore was previously sentenced on April 14, 2022, to 110 months in prison, to be followed by three years of supervised release, for possession of a firearm as a felon in connection with this case.
According to court documents, federal agents began investigating Fauntleroy’s alleged gun purchase history when two of the guns that Fauntleroy was reported to have purchased in 2019 were recovered during criminal investigations by the Peoria Police Department. The investigation revealed that Fauntleroy had purchased ten guns between January 2019 and January 2021. On March 8, 2021, agents seized a 9mm handgun from Fauntleroy and approached Moore at his residence. While agents interviewed Moore at the front door of his home, police at the rear of the home saw a minor female exit the back door carrying a backpack. The minor female was stopped and questioned by police. Agents then searched the backpack and located 20 grams of cocaine and two firearms: a Glock Model 20 10mm handgun loaded with 14 rounds in the magazine and one in the chamber, and a Ruger Model 57 handgun loaded with 21 rounds in the magazine and one in the chamber. Fauntleroy was reported to have purchased these two handguns three months earlier, on January 7 and 8, 2021. The investigation revealed that Moore had directed the juvenile to remove the backpack with the guns and drugs from the house when he learned that law enforcement agents were headed to the residence.
During an interview with law enforcement, Moore stated that his DNA and fingerprints would likely be on any firearms that Fauntleroy had bought. Moore also admitted that he had accompanied Fauntleroy when she allegedly bought firearms at gun stores.
Fauntleroy was indicted in June of 2021. She remains on bond pending sentencing.
The statutory penalties for making a false statement during the purchase of a firearm are up to 10 years imprisonment, up to a $250,000 fine, and up to three years of supervised release.
Moore was indicted in June 2021 and released on bond to a third-party custodian. After violating his bond conditions, he was returned to custody in December 2021 and pleaded guilty that same month.
At Moore’s sentencing, U.S. District Judge James E. Shadid found the sentence was intended to promote respect for the law, deter criminal conduct, and protect the public. Judge Shadid noted that Moore had committed a very dangerous offense involving a lot of handguns purchased over an extended period of time, some of which had been located on the streets during unrelated criminal investigations, and some that were still unaccounted for.
The statutory penalties for being a felon in possession of a firearm are up to 10 years imprisonment, up to a $250,000 fine, and up to three years of supervised release. Moore was also required to forfeit the handguns.
“We must make every effort to stop the flow of illegal guns in our communities and use our federal resources to prosecute individuals who unlawfully purchase and possess firearms,” said Assistant U.S. Attorney Ronald L. Hanna. “As always, we appreciate the cooperation and assistance of our local and federal law enforcement partners to help make our communities safer.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Peoria Police Department investigated the case. Assistant U.S. Attorney Hanna represented the government in the prosecution.
The case against Moore was brought as part of The Department of Justice’s Project Safe Neighborhoods initiative. The Department’s renewed commitment to Project Safe Neighborhoods establishes four fundamental principles to guide efforts to reduce violent crime: 1) build trust and legitimacy within communities; 2) invest in community-based prevention and intervention programs; 3) target enforcement and priorities to focus resources on identifying, investigating, and prosecuting the most significant drivers of gun violence and other violent crime; and, 4) measure results with the goal to reduce the level of violence in our communities and not to increase the number of arrests and prosecutions as if they were ends in themselves.
Parkersburg Man Sentenced to Prison for Walking Away from Federal Reentry FacilityRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to one year and three months in prison, to be followed by three years of supervised release, for escape after walking away from a federal reentry facility.
According to court documents and statements made in court, Joshua Dowler, 40, admitted that he walked away from Dismas Charities in St. Albans on September 16, 2021, by exiting the fenced-in area of the property. Dowler had been confined at Dismas because he was previously convicted of being a felon in possession of a firearm. Dowler had not yet completed his term of imprisonment when he walked away from Dismas. The United States Marshals Service apprehended Dowler in Parkersburg on November 9, 2021.
United States Attorney Will Thompson made the announcement and commended the investigative work of the United States Marshals Service.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Negar M. Kordestani prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-256.
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Parkersburg Man Sentenced for Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man was sentenced today to one year and nine months in prison, to be followed by three years of supervised release, for being a felon in possession of a firearm.
According to court documents and statements made in court, on or about January 26, 2021, Shawn Mackenzie Tant, 43, was sitting in the driver’s seat of a vehicle parked in front of a retail establishment on the south side of Parkersburg. While in the vehicle, Tant had contact with officers from the Parkersburg Police Department. A Harrington and Richardson .38-caliber revolver was located by the officers on the dashboard of Tant’s vehicle.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Tant admitted that he knew he was prohibited from possessing a firearm because of three prior felony convictions in Wood County Circuit Court for delivery of a controlled substance. Tant has a long criminal history that includes three domestic battery convictions as well as convictions for domestic assault, battery, and battery of a police officer.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Parkersburg Police Department.
Senior United States District Judge John T. Copenhaver, Jr. imposed the sentence. Assistant United States Attorney Jeremy B. Wolfe prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-232.
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Parkersburg Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – A Parkersburg man pleaded guilty today to being a felon in possession of a firearm.
According to court documents and statements made in court, on September 9, 2021, officers with the Parkersburg Police Department responded to a domestic violence complaint at the apartment of Matthew Ryan Hunt, 34. They forced entry after learning that shots had been fired inside Hunt’s apartment. Hunt was located inside with a pistol sitting next to him. Inside a safe in the bedroom, officers located an additional pistol and two rifles as well as over 5,800 rounds of ammunition. A female was also present. Officers located two spent shell casings in the apartment, and gunshot residue was detected on swabs taken from Hunt’s hands and face. Investigators later used the National Integrated Ballistic Information Network (NIBIN) to determine that the spent shell casings were fired from the pistol that officers located next to Hunt.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Hunt knew he was prohibited from possessing firearms because of an August 2017 felony conviction for breaking and entering in Wirt County Circuit Court.
Hunt is scheduled to be sentenced on September 8, 2022, and faces a maximum potential penalty of life in prison.
United States Attorney Will Thompson made the announcement and commended the investigative efforts of the Parkersburg Police Department, the West Virginia State Police, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF).
United States District Judge Irene C. Berger presided over the hearing. Assistant United States Attorney Jeremy B. Wolfe is prosecuting the case.
This case was made possible by investigative leads generated from the Bureau of Alcohol, Tobacco, Firearms and Explosives’ (ATF) National Integrated Ballistic Information Network (NIBIN). NIBIN is the only national network that allows for the capture and comparison of ballistic evidence to aid in solving and preventing violent crimes involving firearms. NIBIN is a proven investigative and intelligence tool that can link firearms from multiple crime scenes, allowing law enforcement to quickly disrupt shooting cycles. For more information on NIBIN, visit https://www.atf.gov/firearms/national-integrated-ballistic-information-network-nibin.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:21-cr-267.
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Ohio Man Sentenced to 30 Years in Prison for Distribution of Child PornographyRead the Press Release
WASHINGTON –An Ohio man, a previously convicted sex offender, was sentenced today to a 30-year prison term on a federal charge of distribution of child pornography.
The announcement was made by U.S. Attorney Matthew M. Graves and Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division.
Joshua McCarty, 38, of Mansfield, Ohio, pleaded guilty in January 2022, in the U.S. District Court for the District of Columbia. He was sentenced by the Honorable Christopher R. Cooper. Upon completion of his prison term, McCarty will be placed on 10 years of supervised release. He was ordered to pay $18,000 in restitution to the victims depicted in the images that he distributed. McCarty also must register as a sex offender following his release from prison.
According to the government’s evidence, in July of 2019, a mere two months after being released from prison after serving five years for sexually abusing an 11-year-old girl, McCarty used a mobile messaging application to communicate with an individual who he believed was a father with access to young children. McCarty distributed links containing over 1.8 gigabytes of images and videos, depicting the sexual abuse of children as young as toddlers. During his communications with this individual, McCarty sent a photo depicting his sex offender registration profile in Ohio.
McCarty was arrested on July 19, 2019, and he has remained in custody.
This case was investigated by the FBI Washington Field Office’s Child Exploitation and Human Trafficking Task Force. The task force is composed of FBI agents, along with other federal agents and detectives from northern Virginia and the District of Columbia. The task force is charged with investigating and bringing federal charges against individuals engaged in the exploitation of children and those engaged in human trafficking.
This case was brought as part of the Department of Justice's Project Safe Childhood initiative. In February 2006, the Attorney General created Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the U.S. Attorney's Offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
In announcing the sentence, U.S. Attorney Graves and Special Agent in Charge Jacobs commended the work of those who investigated the case from the FBI's Child Exploitation Task Force, which includes members of the FBI's Washington Field Office and the Metropolitan Police Department’s (MPD) Youth Investigations Division. They also commended the work of Assistant U.S. Attorney Amy E. Larson, who prosecuted the case.
Norwalk Man Charged with Child Pornography OffensesRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, today announced that JAKE SCOTT FLEWELLYN, 24, of Norwalk, has been charged by federal criminal complaint with child pornography offenses.
Flewellyn surrendered to law enforcement yesterday afternoon. He appeared before U.S. Magistrate Judge S. Dave Vatti in Bridgeport and was released on a $100,000 bond under electronic monitoring.
As alleged in court documents, in December 2021, the National Center for Missing and Exploited Children (“NCMEC”) received a report from the provider of the smartphone messaging application Kik about a Kik user who was distributing videos of child pornography through its service. Kik deactivated the user’s account. In early April 2022, while federal law enforcement was investigating this matter to determine the Kik user’s identity, Kik submitted to NCMEC another report of a user account that was being used to distribute videos of child pornography. The investigation revealed that Flewellyn created both Kik accounts and used them to distribute images and videos depicting child sex abuse
The complaint charges Flewellyn with distribution of child pornography, an offense that carries a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of 20 years, and accessing with intent to view child pornography, an offense that carries a maximum term of imprisonment of 20 years.
U.S. Attorney Avery stressed that a complaint is only a charge and is not evidence of guilt. Charges are only allegations, and the defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
This matter is being investigated by the Federal Bureau of Investigation, with the assistance of the Norwalk Police Department. The case is being prosecuted by Assistant U.S. Attorneys Robert S. Dearington and Neeraj N. Patel.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
North Carolina Man Sentenced to More Than 20 Years in Federal Prison for Forcing Minors into ProstitutionRead the Press Release
FLORENCE, SOUTH CAROLINA — Johnny Ricardo Thomas, a/k/a Rico, a/k/a Lulu, 34, of Durham, N.C., has been sentenced to more than 2o years in federal prison after pleading guilty to coercing minors to engage in prostitution in the Myrtle Beach area of South Carolina and elsewhere.
Evidence presented to the Court showed that the case began when officers with the Myrtle Beach Police Department interviewed a 15-year-old runaway who reported she was the victim of human trafficking. Subsequent investigation by the Myrtle Beach Police Department and Homeland Security Investigations (HSI) revealed that sometime in March 2019, Thomas, the 15-year-old minor victim, a second 16-year-old minor victim, and others, travelled from North Carolina to the Myrtle Beach area of South Carolina and other places for the purpose of engaging in prostitution.
Although Thomas knew the two victims were minors, he would take pictures of them, create online advertisements making the minors available for sex, and coerce or force the victims to engage in sexual acts for money. According to one of the minor victims, Thomas told her he would sell her to someone worse – who would do things like slice off her toes – if she did not perform commercial sex acts. In a statement from that minor victim provided to the Court at Thomas’s sentencing, the victim said she still had night terrors, looks over her shoulder everywhere she goes, and felt “disgusting, used, worthless, [and] empty.”
“Crimes against children are vile, indefensible, and can create lifelong victims,” said U.S. Attorney Corey F. Ellis. “We are fortunate that our federal, state, and local partners share our commitment to thoroughly investigate these cases, provide services to the affected victims, and prosecute those who engage in this reprehensible conduct. These efforts are clear in this case, and are the reason that the Defendant - who victimized two minor children - will spend decades in prison and the rest of his life being monitored by the Court.”
“Over the last several years, this office has worked hand-in-hand with our federal counterparts to identify and address criminal activity across Horry and Georgetown Counties, specifically including human trafficking,” said Scott Hixson, Chief Deputy Solicitor for the 15th Judicial Circuit, who also served as a Special Assistant U.S. Attorney on this matter. “The efforts in this case showcase the power of combining state and federal resources to make a serious impact in our community, and our hope is this plan of attack will ring successful in future prosecutions.”
“We are all thankful that this case has been resolved and the victims can now begin the healing process knowing that this predator will no longer be able to hurt them,” said Special Agent in Charge Ronnie Martinez, who oversees HSI operations in North Carolina and South Carolina. “HSI and its law enforcement partners prioritize the protection of our most vulnerable population, and this case is a warning to other would-be traffickers that we will find you and hold you accountable for your unconscionable actions.”
"We have no greater responsibility than to protect our children, and law enforcement will always stand up for those that need help,” said Myrtle Beach Police Chief Amy Prock. “This case was a partnership built on that mission, and we couldn't be more proud of the team that brought Mr. Thomas to justice.”
United States District Judge Sherri A. Lydon sentenced Thomas to 262 months imprisonment, to be followed by a lifetime term of court-ordered supervision. There is no parole in the federal system. Thomas was also ordered to pay restitution to his victims. According to information presented to the Court, the convicti0n was part of Thomas’s lengthy criminal history. Thomas’s record includes convictions for breaking and entering, felon in possession of a firearm, possession with intent to distribute narcotics, assault on a government official, and resisting arrest. A co-defendant in the case, Becca Mills, 25, of Whispering Pines, N.C., has pled guilty to a charge related to concealing Thomas’s crimes from law enforcement authorities. She will be sentenced at a later date.
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 HSI, the Myrtle Beach Police Department, and the Rockingham, N.C. Police Department. Assistant U.S. Attorneys Derek A. Shoemake and Lauren Hummel, along with Special Assistant U.S. Attorney Scott Hixson, prosecuted the case. The case was originally prosecuted by the Solicitor’s Office for the Fifteenth Judicial Circuit, under the leadership of Solicitor Jimmy Richardson, and federally prosecuted as part of a collaborative effort by federal and state partners in the Myrtle Beach area to combat sex trafficking and child exploitation.
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New Orleans Man Sentenced for Violating the Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – The Honorable Sarah S. Vance sentenced ALONZO SMALL, age 30, of New Orleans, Louisiana, to 49 months in the Bureau of Prisons for violating the Federal Controlled Substances Act, announced U.S. Attorney Duane A. Evans.
According to the court records, SMALL conspired to possess with the intent to distribute and to distribute 100 grams or more of a mixture or substance containing a detectable amount of heroin.
United States District Court Judge Sarah S. Vance sentenced SMALL to 49 months in the custody of the Bureau of Prisons, to be followed by three (3) years of supervised release. SMALL was also ordered to pay a mandatory $100 special assessment fee.
This case was investigated by Special Agents of the Federal Bureau of Investigation (FBI). The prosecution is being handled by Assistant United States Attorney David Haller.
Nashville Man Pleads Guilty to Drug and Firearms Violations on Day Before TrialRead the Press Release
NASHVILLE – A Nashville, Tennessee man scheduled for trial Tuesday pleaded guilty in U.S. District Court to drug and firearms violations, announced U.S. Attorney Mark H. Wildasin.
Anthony Ussery, 40, pleaded guilty to being a convicted felon in possession of a firearm; being a convicted felon in possession of ammunition; and possession with intent to distribute more than 40 grams of fentanyl.
According to Court records, on May 8, 2019, officers with the Metropolitan Nashville Police Department (MNPD) responded to a shots-fired call at the intersection of East Trinity Lane and Meridian Street and discovered two victims with gunshot wounds. Video footage from a nearby business showed a black sedan approach the victims and an individual fire multiple shots before fleeing the scene. The subsequent investigation identified Ussery as the shooter, and the two victims, who are brothers, believed the shooting occurred as a result of a recent dispute with Ussery. Ussery was later arrested and charged by MNPD in relation to this shooting.
On March 23, 2021, while out on bond for the May 2019 shooting, Ussery was stopped by a Nashville Airport Authority police officer for a traffic violation and was found to be in possession of 57 grams of fentanyl and a loaded 9mm pistol. On March 25, 2021, a federal criminal complaint charged Ussery with federal crimes and he was subsequently indicted by a federal grand jury on July 13, 2021.
Ussery has four prior felony convictions, including attempted robbery; manslaughter; facilitation of the sale of drugs; and possession with intent to distribute Schedule IV controlled substances. In light of these prior convictions, Ussery qualifies as an Armed Career Criminal subject to a mandatory minimum of 15 year’s imprisonment. Sentencing is scheduled to occur on August 11, 2022.
This case was investigated by the Bureau of Alcohol, Tobacco Firearms & Explosives; the Metropolitan Nashville Police Department; and the Nashville Airport Authority Department of Public Safety. Assistant U.S. Attorneys Josh Kurtzman and Dwight Artis are prosecuting the case.
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Montgomery County Man Sentenced to over Three Years in Prison After Shooting into County Democratic Party HeadquartersRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Anthony Francis Nero, 48, of Norristown, PA, was sentenced to three years and one month in prison, and three years of supervised release by United States District Judge Karen S. Marston for sending threatening communications and cyberstalking in connection with a shooting at the offices of the Montgomery County Democratic Headquarters last year.
In January 2022, the defendant pleaded guilty to the charges and admitted to sending an electronic message over the Internet in January 2021 to the Montgomery County Democratic Party (MCDP) that threatened “random acts of violence” and stated “you should probably beef up security.” Later that month, MCDP officials discovered that the front window to MCDP’s office, located in Norristown, PA, had been shot through three times by a firearm. Ballistics tests by the Montgomery County Detective Bureau confirmed that two spent rounds recovered from the MCDP’s office were fired by Nero’s .45 caliber pistol.
“In the midst of a politically tumultuous time in our Nation, Anthony Nero sent a threatening communication and then followed up on his threats with a violent act that could have resulted in catastrophic injury, or worse,” said U.S. Attorney Williams. “I want to thank our partners in the Montgomery County District Attorney’s Office and all agencies at the federal, state and local levels for their dedicated work on this case.”
“I want to thank the U.S. Attorney’s Office for their efforts in prosecuting this defendant for terroristic threats against the Montgomery County Democratic Committee. There is no place for this kind of criminal behavior in our democracy, and our law enforcement will continue to stand together to make sure that those who act in this way are brought to justice,” said Montgomery County District Attorney Kevin Steele.
“Anthony Nero first used words as his weapon, sending threatening messages to frighten people whose views he didn’t agree with,” said Jacqueline Maguire, Special Agent in Charge of the FBI’s Philadelphia Division. “He then escalated exponentially when he loaded his gun, drove to the MCDP office, and fired off those rounds. No one should have to fear becoming the victim of physical violence at the hands of an angry stranger. That’s why sending threatening communications is a crime, and why the FBI and our partners take threats so seriously as we work to protect and serve everyone in our communities.”
The case was investigated by the Federal Bureau of Investigation, Norristown Police Department, Montgomery County Detective Bureau, Montgomery County District Attorney’s Office, and the Pennsylvania State Police. The case is being prosecuted by Assistant United States Attorneys Vineet Gauri and Josh Davison, and Special Assistant United States Attorney Kathleen A. McLaughlin
Michigan man admits trafficking fentanyl on Rocky Boy’s Indian ReservationRead the Press Release
GREAT FALLS — A Michigan man suspected of working with other Detroit-area individuals to distribute fentanyl on the Rocky Boy’s Indian Reservation admitted to a trafficking crime today, said U.S. Attorney Leif M. Johnson,
Brandon Lamar Louis James, 22, of Southfield, Michigan, pleaded guilty to possession with intent to distribute controlled substances. James faces a maximum of 20 years in prison, a $1 million fine and at least three years of supervised release.
Chief U.S. District Judge Brian M. Morris presided. Sentencing was set for Aug. 25. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. James was released pending further proceedings.
The government alleged in court documents that in June 2021, the FBI was investigating a number of individuals from the Detroit area who were suspected to be distributing fentanyl on and around the Rocky Boy’s Indian Reservation. The FBI executed a search warrant at the residence of John and Jane Doe, on the reservation. Jane Doe was home and was detained, but John Doe was not present. Jane Doe told the officers that there was another individual in a bedroom. The door to the bedroom was locked and nobody responded to repeated commands to open it. Officers breached the door and found and detained James. During a search of the residence, officers found an Aleve brand pill bottle containing a suspected mixture of Aleve pills and fentanyl pills. A Drug Enforcement Administration analysis found that 258 pills were legitimate Aleve pills and that 179 pills were found to contain fentanyl.
John Doe and Jane Doe both described helping multiple out-of-state fentanyl suppliers who traveled to the reservation to distribute drugs. They identified a particular individual who was from Detroit and had met him more than a year prior. The Detroit individual frequently contacted them to pick up or house other individuals, who would travel to Montana with fentanyl pills and distribute them on the reservation. James had been one of those individuals they had transported and housed at the request of the Detroit individual.
Assistant U.S. Attorney Ethan R. Plaut is prosecuting the case, which was investigated by the FBI, Tri-Agency Task Force, Russell Country High Intensity Drug Trafficking Area Task Force, Bureau of Indian Affairs and Chippewa Cree Law Enforcement Services.
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Mexican national sentenced to 17 years in prison for methamphetamine possessionRead the Press Release
ALBUQUERQUE, N.M. – Severano Ceballos Martinez, 45, of Copaco, Sinaloa, Mexico, was sentenced in federal court today to 17 years and six months in prison for possession with intent to distribute 500 grams and more of methamphetamine. Martinez pleaded guilty on Nov. 3, 2021.
According to the plea agreement and other court records, on April 7, 2021, Martinez agreed to deliver five pounds of methamphetamine and 1,000 fentanyl pills to an apartment in Albuquerque. After Martinez arrived at the apartment, agents from the Bureau of Alcohol Tobacco, Firearms and Explosives (ATF) placed Martinez under arrest. A search of Martinez’s vehicle revealed five bags containing a total of 1,685 grams of methamphetamine and a plastic bag containing 2,115 fentanyl pills, as well as $2,800 in cash and three cellular phones. Inside Martinez’s wallet, investigators found multiple identification cards, all of which contained Martinez’s photograph.
In 1997 in Arizona, Martinez was convicted of possession of a narcotic drug for sale under the name Usebio Martinez Mendoza. In 2005 in Arizona, Martinez was convicted of attempted auto theft under the name Oscar Márquez. In 2010 and 2014 in Arizona, Martinez was convicted of re-entry of a removed alien under the name Pilar Geronimo Mendoza-Avendano and was removed from the United States to Mexico again on August 1, 2017. Martinez faces removal proceedings upon completion of his sentence.
ATF investigated this case. Assistant United States Attorney Samuel A. Hurtado prosecuted the case.
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Mercer County Accounting Professor Charged with Tax Evasion and Filing False Tax ReturnsRead the Press Release
TRENTON, N.J. – A Mercer County, New Jersey, man was arrested today for tax evasion and filing false tax returns, U.S. Attorney Philip R. Sellinger announced.
Gordian A. Ndubizu, 67, of Princeton Junction, New Jersey, is charged in an eight-count indictment unsealed today with four counts of tax evasion and four counts of filing false tax returns in tax years 2014 through 2017. He is scheduled to make his initial appearance by videoconference this afternoon before U.S. Magistrate Judge Tonianne J. Bongiovanni.
According to documents filed in this case:
During tax years 2014 through 2017, Ndubizu was a professor of accounting at a university in Pennsylvania as well as the co-owner of Healthcare Pharmacy in Trenton. The pharmacy was organized as an S corporation, the income of which flowed through to Ndubizu and his wife and was to be reported on their personal income tax returns. Ndubizu prepared fraudulent books and records for Healthcare Pharmacy inflating the pharmacy’s costs of goods sold to reduce and underreport the pharmacy’s actual profits flowing through to Ndubizu and his wife. Ndubizu identified certain wire transfers as payments to purchase goods sold by the pharmacy when these wire transfers were in fact made to personal bank accounts under Ndubizu’s control and to bank accounts in Nigeria associated with an automotive company under Ndubizu’s control. Each of Ndubizu’s tax returns for tax years 2014 through 2017 falsely underreported his income and falsely reported that he had no financial interest in or signature authority over any foreign bank accounts. Ndubizu failed to report approximately $3.3 million in income from the pharmacy, resulting in the evasion of approximately $1.3 million in tax due and owing.
Each count of tax evasion carries a maximum potential penalty of five years in prison and a maximum fine of $100,000. Each count of filing a false tax return carries a maximum potential penalty of three years in prison and a maximum fine of $100,000.
U.S. Attorney Sellinger credited special agents of IRS-Criminal Investigation Division, under the direction of Acting Special Agent in Charge Tammy Tomlins in Newark, with the investigation leading to today’s arrest. He also thanked diversion investigators with the Drug Enforcement Administration, officers of the Trenton Police Department, and Mercer County Prosecutor’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty. Ndubizu’s wife, Florence Ndubizu, the co-owner of Healthcare Pharmacy, was also arrested today on federal controlled substance offenses charged in a separate indictment. She is not charged in the tax fraud case.
Marshall County man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Jacob Lee McKinley, of Moundsville, West Virginia, was sentenced today to 30 months of incarceration for a drug charge, United States Attorney William Ihlenfeld announced.
McKinley, 30, pleaded guilty in January 2022 to one count of “Distribution of Methamphetamine within 1,000 feet of a Protected Location.” McKinley admitted to selling methamphetamine near Golden Towers in Marshall County in March 2021.
Assistant U.S. Attorney Clayton J. Reid prosecuted the case on behalf of the government. The Marshall County Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Man Sentenced for Firearm and Drug Trafficking CrimesRead the Press Release
United States Attorney Jan Sharp announced that Mark Pochop, 36, was sentenced today in federal court in Omaha, Nebraska, for possessing with intent to distribute methamphetamine and possessing a firearm during a drug trafficking crime. Chief United States District Court Judge Robert F. Rossiter, Jr. sentenced Pochop to 87 months’ imprisonment. There is no parole in the federal system. After his release from prison, he will begin a 4-year term of supervised release.
On June 14, 2020, Omaha Police officers saw a white Cadillac displaying license plates belonging to a different vehicle. The Cadillac was seen briefly meeting another car in a business parking lot in Omaha. After the meeting, officers attempted a traffic stop on the white Cadillac in the area of 15th and Pierce Streets in Omaha. The Cadillac failed to stop.
Pochop fled on foot from the white Cadillac. Pochop was detained after he tripped and fell. Near Pochop, officers recovered small baggies containing methamphetamine. Officers searched the white Cadillac and located a Taurus PT111 9mm handgun in the front passenger seat of the vehicle. Pochop claimed ownership of the firearm and later admitted to selling methamphetamine in exchange for a firearm and a ballistic vest earlier that day.
This case was 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 the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.
This case was investigated by the Omaha Police Department.
Man Charged with April 2018 Mount Vernon MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, John B. DeVito, Special Agent-in-Charge of the Bureau of Alcohol, Tobacco, Firearms and Explosives, New York Field Division (ATF), Frank A. Tarentino, Special Agent-in-Charge of the Drug Enforcement Administration, New York Division (DEA), and Glenn Scott, Commissioner of the Mount Vernon Police Department, announced the unsealing of a federal Indictment charging JAMES BAZEMORE, a/k/a “TJ,” with the broad daylight murder of Tasheen Williams on April 30, 2018 in Mount Vernon, New York. The Indictment also charges JARED MUJAAHID, a/k/a “Jay,” with aiding and abetting assault with a deadly weapon by providing BAZEMORE with the gun BAZMORE used to commit the murder. The Indictment also charges BAZEMORE and MUJAAHID with racketeering conspiracy. BAZEMORE is detained pending trial on other federal charges brought by this Office and MUJAAHID is serving a sentence from a prior federal conviction in this District. The defendants will be brought to the federal courthouse in White Plains, New York to be presented before a United States Magistrate Judge.
U.S. Attorney Damian Williams said: “In April 2018, Tasheen Williams was shot dead in broad daylight just as a local school was letting out, the victim of senseless gang-related violence. As alleged in the Indictment, James Bazemore is responsible for that murder, and Jared Mujaahid gave him the murder weapon. Thanks to the work of our remarkable law enforcement partners, Bazemore and Mujaahid now stand charged in federal court for this terrible crime.”
ATF Special Agent-in-Charge John B. DeVito said: “ATF’s top priority is investigating and apprehending those who commit firearms violence and those who provide firearms for use in violent crimes. This indictment demonstrates the commitment of ATF and our great partners at DEA and the Mount Vernon Police Department to relentlessly pursue justice for victims of violent gun crime and hold those responsible accountable no matter how long it takes.”
DEA Special Agent-in-Charge Frank A. Tarentino said: “This cold-blooded murder is another example of drug-related violence plaguing our cities. DEA’s priority is making our communities safer through investigations and arresting members of criminal organizations responsible for drug-related overdoses, drug trafficking, and violent crime. I thank the ATF and US Attorney's Office Southern District of New York for their partnership and diligent work on this investigation.”
MVPD Commissioner Glenn Scott said: “This arrest again shows that Mount Vernon continues to benefit from the partnership the MVPD has formed with its Federal Law Enforcement partners. The Bureau of Alcohol, Tobacco, Firearms, and Explosives, NY Field Office has shown how dedicated they are to assisting the MVPD with closing violent crime investigations. Mount Vernon Police has had Detectives assigned as Task Force Officers with the ATF for several years and this is just one of the many violent crimes that has been solved as a result of the hard work of the Detectives and the Special Agents from ATF. In cases of this magnitude the MVPD always strives to bring justice to the families effected by violence and we will utilize any and all resources and partnerships that we can do achieve that goal.”
According to the allegations in the Indictment[1]:
BAZEMORE and MUJAAHID were members or associates of a racketeering enterprise known as Big Paper. In order to fund the enterprise, protect and expand its interests, and promote its standing, members and associates of Big Paper committed, conspired, attempted, and threatened to commit acts of violence against rivals, including murder and assault; conspired to distribute and possess with intent to distribute narcotics; and obtained, possessed and used firearms, including by brandishing and discharging them.
On or about April 30, 2018, BAZEMORE acquired a gun from MUJAAHID, and then BAZEMORE stalked and shot Tasheen Williams dead in Mount Vernon, New York.
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BAZEMORE is charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of life in prison, one count of murder in aid of racketeering, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of life in prison; and one count of murder through use of a firearm, which carries a statutory maximum sentence of life in prison, and a mandatory minimum sentence of five years in prison.
MUJAAHID is charged with one count of racketeering conspiracy, which carries a statutory maximum sentence of twenty years in prison, one count of aiding and abetting assault with a deadly weapon in aid of racketeering, which carries a statutory maximum sentence of twenty years in prison; and one count of aiding and abetting the discharge of a firearm in furtherance of a crime of violence, which carries a statutory maximum sentence of life in prison and a mandatory minimum sentence of ten years in prison.
The statutory maximum penalties are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants would be determined by the judge.
Mr. Williams praised the outstanding work of the Bureau of Alcohol, Tobacco, Firearms, and Explosives and the Drug Enforcement Administration, and thanked the Westchester County District Attorney’s Office and the Mount Vernon Police Department for their assistance with the investigation.
This case is being handled by the Office’s White Plains Division. Assistant United States Attorneys Christopher Brumwell and Benjamin A. Gianforti are in charge of the prosecution.
[1] As the introductory phase signifies, the entirety of the text of the Indictment and the description of the Indictment set forth below constitute only allegations, and every fact described should be treated as an allegation.
Lowell Man Sentenced to Four Years in Prison for Cocaine Conspiracy with Colombian Criminal OrganizationRead the Press Release
BOSTON – A Lowell man was sentenced yesterday in federal court in Boston for his role in a cocaine trafficking conspiracy connected to a Colombian-based criminal enterprise.
Juan Pablo Ariasgil, 41, of Lowell, was sentenced by U.S. District Court Chief Judge F. Dennis Saylor IV to four years in prison and four years of supervised release. In April 2021, Ariasgil pleaded guilty to one count of conspiracy to distribute and to possess with intent to distribute five kilograms or more of cocaine and one count of possession with intent to distribute 500 grams or more of cocaine.
Ariasgil conspired with members of La Oficina de Envigado (La Oficina), a criminal organization based in Medellín, Colombia to distribute five kilograms of cocaine. La Oficina originated in the 1980s when its members provided enforcement and collection services for the Medellín Cartel, including deceased Medellín Cartel leader Pablo Escobar. Today, La Oficina is allegedly involved in international narcotics trafficking, drug debt collection, money laundering, extortion and murder for hire.
It is alleged that co-defendants Fabio de Jesus Yepes Sanchez and Mario Zapata Velez were members of La Oficina who were charged with collecting a $750,000 drug debt from two cocaine traffickers in Massachusetts. It is further alleged that Yepes and Zapata conspired with Ariasgil and others to obtain five kilograms of cocaine from the Massachusetts traffickers, sell those kilograms, and then repatriate the drug proceeds to Colombia, in partial satisfaction of the outstanding drug debt.
This operation is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
The charges of conspiracy to possess with intent to distribute and to distribute five kilograms or more of cocaine each provide for a mandatory minimum sentence of 10 years and up to life in prison, at least five years and up to a lifetime of supervised release and a fine of up to $10 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 Brian D. Boyle, Special Agent in Charge of the Drug Enforcement Administration, New England Field Division, made the announcement. The Criminal Division’s Office of International Affairs of the Justice Department, Internal Revenue Service’s Criminal Investigations in Boston and the Government of Colombia provided critical assistance with the investigation. Assistant U.S. Attorneys Jared Dolan and Lauren Graber of Rollins’ Narcotics & Money Laundering Unit prosecuted the case.
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.
Long Island Man Sentenced for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Jacob Delaney, age 24, of Holtsville, New York, was sentenced today to 78 months in prison for receiving and possessing child pornography, announced United States Attorney Carla B. Freedman and Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his guilty plea, Delaney admitted that between about September 2018 and December 12, 2019, as a resident of New Paltz, New York, he used the Internet to search for, and download, numerous still images and video files of child pornography onto his computer and external hard drive. Some of the child pornography files received and possessed by Delaney depicted prepubescent children engaged in sexual conduct.
In imposing the sentence, Senior United States District Judge Thomas J. McAvoy also imposed a 10-year term of supervised release to follow the term of incarceration.
This case was investigated by the FBI. The case was prosecuted by Assistant U.S. Attorneys Ashlyn Miranda and Rick Belliss.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Las Vegas Duo Indicted for Conspiracy to Transport Illegal Aliens and Placing Their Lives in JeopardyRead the Press Release
TUCSON, Ariz. – Last week, a federal grand jury in Tucson returned a two-count indictment against Kevin Michal Bell, 41, and Dara Eve Belic, 38, both of Las Vegas, charging Conspiracy to Transport Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person and Transportation of Illegal Aliens for Profit Placing in Jeopardy the Life of Any Person.
The indictment alleges that on or about April 7, 2022, Bell and Belic conspired to transport and transported undocumented non-citizens (UNCs) and that during the commission of the offense, they placed their lives in jeopardy. The indictment further alleges that both Bell and Belic did so for financial gain.
According to the complaint filed last month, a Border Patrol camera operator observed an individual, suspected to be a UNC, crawling in the grass toward a Dodge Durango near the border with Mexico on April 7, 2022. Bell was driving the Durango and Belic was the front seat passenger. Law enforcement officers attempted to stop the Durango, but the vehicle failed to yield. Instead, the Durango fled from law enforcement at a high rate of speed. At one point during the pursuit, four UNCs exited the vehicle and were apprehended by Border Patrol. The Durango continued its flight, only stopping after spike strips were deployed.
An indictment is simply a method by which a person is charged with criminal activity and raises no inference of guilt. An individual is presumed innocent until evidence is presented to a jury that establishes guilt beyond a reasonable doubt.
Customs and Border Protection’s U.S. Border Patrol and the Arizona Department of Public Safety conducted the investigation in this case. The United States Attorney’s Office, District of Arizona, Tucson, is handling the prosecution.
CASE NUMBER: CR-22-00960-TUC-RM
RELEASE NUMBER: 2022-069_Bell# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Klawock Man Sentenced for Illegally Possessing AmmunitionRead the Press Release
JUNEAU – A Klawock, Alaska, man was sentenced by U.S. District Judge Timothy M. Burgess to 16 months in prison followed by two years of supervised release for being a felon in possession of ammunition.
According to court documents, Michael Delane Howard, 36, purchased approximately 1,000 rounds of .223 ammunition from the Log Cabin Sporting Goods store in Craig Alaska on April 22, 2020. Howard had previously been convicted of multiple felonies and is not allowed to own or possess ammunition or firearms. The investigation by law enforcement also revealed that Howard’s significant other had made several “straw” purchases for Howard and that he had access to multiple firearms.
“Felons who possess firearms endanger our communities,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “Our office will continue to partner with federal, state and local agencies to keep firearms out of the wrong hands.”
“Actions like those Mr. Howard took to get firearms, despite his prohibition as a convicted felon, shows how much disregard he has for the law,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “Having his significant other purchase firearms for him further exacerbated Howard’s crimes. We will also work to identify and investigate straw purchasers who put firearms in the hands of convicted felons.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Craig Police Department investigated the case.
Assistant U.S. Attorney Jack Schmidt prosecuted the case.
This case is part of the Rural Alaska Anti-Violence Enforcement Network (RAAVEN) initiative to increase engagement, coordination and action on public safety in Alaska Native communities. Led by the U.S. Attorney’s Office, it encourages extensive collaboration among law enforcement at all levels, rural communities, Alaska Native groups, victim service organizations and care providers.
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Kansas Cattle Trader Fined and Banned for Life After Repeated Violations of the Packers and Stockyards ActRead the Press Release
WICHITA, KAN. – The U.S. District Court for the District of Kansas fined a recidivist violator of statutory and regulatory federal livestock laws under the Packers and Stockyards Act.
The District Court also entered a lifetime ban against trader, John Rife, of Oswego, Kansas, for his violations of federal law and for breaching prior injunctive orders previously entered by the federal court.
Rife did not substantively defend allegations filed by the United States of numerous violations of federal law. The violations include:
• operating on a dealer basis of cattle transactions with a suspended registration;
• operating without an adequate bond;
• failing to maintain records and make records available to the federal inspectors; and
• violating the federal court’s prior 2012 and 2017 orders imposing penalties and injunctive relief against Rife for similar conduct.During a hearing on the matter, the United States argued that Rife’s operation as a cattle dealer and market agency without registering, bonding, or maintaining records potentially jeopardizes the financial integrity of the cattle markets. The United States also contended Rife’s failure to comply with federal law impairs the government’s ability to investigate and prevent the spread of disease.
The District Court ordered Rife to pay the United States 15% of $1,799,168.50 in new and reinstated penalties, equaling $269,875.27. The remainder is set in abatement in case of future violations. The District Court further entered a lifetime ban against Rife, barring him from engaging in any further business within the USDA’s jurisdiction for which registration and bonding are required.
The U.S. Department of Agriculture, Agricultural Marketing Service (AMS), Packers and Stockyards Division investigated the case against Rife.
The U.S. Attorney’s Office for the District of Kansas, and Assistant U.S. Attorneys Steven Brookreson and Christopher Allman brought the enforcement action on behalf of the United States.
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Kinnear Woman Sentenced for False Statement of Sexual AssaultRead the Press Release
United States Attorney Bob Murray announced today that BENITA LOUISE SMITH, 56, of Kinnear, Wyoming was sentenced for making a false statement relating to a sexual assault investigation before United States District Judge Nancy D. Freudenthal. Smith was sentenced to time-served with two years of supervised release and a $100 special assessment fee.
On October 26, 2020, law enforcement responded to a call for service on the Wind River Reservation. At the scene, officers learned that Benita Smith had an active arrest warrant. Smith was arrested and transported to the Wind River Detention Center. After arriving at the facility, Smith falsely claimed she was sexually assaulted by the arresting officer during transport to the facility. Dash camera footage from inside the patrol car refuted Smith’s claims, and she retracted her allegation after a formal investigation was launched.
“Actual victims of sexual assault never really stop suffering. They suffer physical pain during and after the assault. They must become stronger every day because they suffer emotionally every day. And when they bravely stand up and speak the truth, they still face devastating attacks on their credibility,” said United States Attorney Bob Murray. “A false accusation of sexual abuse is a despicable criminal act. It is a silent thief that steals so much from actual victims. This office and our law enforcement partners will continue to work hard and do our part to ensure these crimes are punished.”
This crime was investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michael J. Elmore prosecuted the case.
Case No. 21-cr-00091-NDF
Justice Department and EEOC Warn Against Disability DiscriminationRead the Press Release
The Department of Justice and the Equal Employment Opportunity Commission (EEOC) today each released a technical assistance document about disability discrimination when employers use artificial intelligence (AI) and other software tools to make employment decisions.
Employers increasingly use AI and other software tools to help them select new employees, monitor performance, and determine pay or promotions. Employers may give computer-based tests to applicants or use computer software to score applicants’ resumes. Many of these tools use algorithms or AI. These tools may result in unlawful discrimination against people with disabilities in violation of the Americans with Disabilities Act (ADA).
The Justice Department’s guidance document, Algorithms, Artificial Intelligence, and Disability Discrimination in Hiring, provides a broad overview of rights and responsibilities in plain language, making it easily accessible to people without a legal or technical background. This document:
- Provides examples of the types of technological tools that employers are using;
- Clarifies that, when designing or choosing technological tools, employers must consider how their tools could impact different disabilities;
- Explains employers’ obligations under the ADA when using algorithmic decision-making tools, including when an employer must provide a reasonable accommodation; and
- Provides information for employees on what to do if they believe they have experienced discrimination.
The EEOC released a technical assistance document, The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess Job Applicants and Employees, focused on preventing discrimination against job seekers and employees with disabilities. Based on the ADA, regulations, and existing policy guidance, this document outlines issues that employers should consider to ensure that the use of software tools in employment does not disadvantage workers or applicants with disabilities in ways that violate the ADA. The document highlights promising practices to reduce the likelihood of disability discrimination. The EEOC technical assistance focuses on three primary concerns under the ADA:
- Employers should have a process in place to provide reasonable accommodations when using algorithmic decision-making tools;
- Without proper safeguards, workers with disabilities may be “screened out” from consideration in a job or promotion even if they can do the job with or without a reasonable accommodation; and
- If the use of AI or algorithms results in applicants or employees having to provide information about disabilities or medical conditions, it may result in prohibited disability-related inquiries or medical exams.
“Algorithmic tools should not stand as a barrier for people with disabilities seeking access to jobs,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This guidance will help the public understand how an employer’s use of such tools may violate the Americans with Disabilities Act, so that people with disabilities know their rights and employers can take action to avoid discrimination.”
“New technologies should not become new ways to discriminate. If employers are aware of the ways AI and other technologies can discriminate against persons with disabilities, they can take steps to prevent it,” said EEOC Chair Charlotte A. Burrows. “As a nation, we can come together to create workplaces where all employees are treated fairly. This new technical assistance document will help ensure that persons with disabilities are included in the employment opportunities of the future.”
The EEOC’s technical assistance document is part of its Artificial Intelligence and Algorithmic Fairness Initiative to ensure that the use of software, including artificial intelligence (AI), used in hiring and other employment decisions complies with the federal civil rights laws that the EEOC enforces. In addition to its technical assistance, the EEOC released a summary document providing tips for job applicants and employees.
For more information on the Justice Department’s Civil Rights Division and its disability work, please visit www.justice.gov/crt. For more information on the ADA, please call the Justice Department’s toll-free ADA information line at 800-514-0301 (TDD 800-514-0383) or visit www.ada.gov. Individuals who believe they may have been victims of discrimination may file a complaint at https://civilrights.justice.gov/.
Juneau Man Sentenced to 6.5 Years for Illegally Possessing FirearmsRead the Press Release
JUNEAU – A Juneau man was sentenced today by U.S. District Court Judge Timothy M. Burgess to six and a half years in prison followed by three years of supervised release for illegally possessing firearms.
According to court documents, Clyde Edward Pasterski, Jr., 42, possessed 13 firearms, one of them being stolen, and eight seal bombs when Juneau Police Department (JPD) executed a search warrant in May 2020 at his residence. Pasterski was previously convicted of two felonies by the State of Alaska and therefore is not allowed to own or have firearms in his possession. Law enforcement also found a ballistic vest carrier with steel plate inserts and more than two grams of methamphetamine and four grams of heroin. Pasterski actively resisted and fought against the JPD officers at his home and then during his interview at JPD. When he was informed that he was being arrested, Pasterski tried to grab the officer’s gun which was secured in the officer’s holster.
“Illicit drugs and guns are a dangerous combination, especially when those guns are possessed by a convicted felon,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “Our office will continue to partner with federal, state and local agencies to keep firearms out of the wrong hands.”
“Mr. Pasterski knew he was not allowed to have firearms, but rather than follow the law he chose to procure and possess at least 13 more of them,” said ATF Seattle Field Division Special Agent in Charge Jonathan T. McPherson. “His actions during and after his arrest show how dangerous he is to the community, so this sentence is well earned.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and Juneau Police Department investigated the case.
Assistant U.S. Attorney Jack Schmidt prosecuted the case.
This case is 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.
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Hudson County Man Charged with Possessing Child PornographyRead the Press Release
NEWARK, N.J. – A Hudson County, New Jersey, man was arrested today for possessing images of child sexual abuse, U.S. Attorney Philip R. Sellinger announced.
Jonathan Lattif, 44, of Jersey City, is charged by complaint with one count of possessing child pornography. Lattif is scheduled to have his initial appearance by videoconference before U.S. Magistrate Judge Jose R. Almonte.
According to documents filed in this case and statements made in court:
On March 18, 2022, Lattif possessed at least three videos depicting sexual abuse of minors, including prepubescent children, on his mobile device.
Lattif has a prior state conviction for possession of child pornography. Accordingly, a charge of possession of child pornography depicting prepubescent children by a repeat offender carries a mandatory minimum penalty of 10 years in prison, a maximum penalty of 20 years in prison, and a $250,000 fine.
U.S. Attorney Sellinger credited special agents of the U.S. Department of Homeland Security, Homeland Security Investigations, under the direction of Special Agent in Charge Jason J. Molina in Newark; and Customs and Border Proection Officers from the Port of New York/Newark, U.S. Customs and Border Protection, Office of Field Operations New York Field Office, under the direction of Acting Port Director TenaVel T. Thomas, with the investigation leading to the charge.
The government is represented by Assistant U.S. Attorney Fatime Meka Cano of the U.S. Attorney’s Office’s Economic Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Houstonian faces federal penalties in HPD officer shootingRead the Press Release
HOUSTON ‐ A 23-year-old Pasadena man has been charged with firearm and drug trafficking offenses for his role in the shooting of a Houston Police Department (HPD) officer, announced U.S. Attorney Jennifer Lowery.
Jimmy Caston Bryan is currently in state custody and will be transferred to make his initial appearance before a U.S. magistrate judge in the near future.
According to the federal criminal complaint filed today, Bryan fired multiple shots at an HPD officer on May 4 in the area of 14300 Gulf Freeway in Houston.
Bryan previously trafficked narcotics in the Houston area, had meth and was possibly in the possession of multiple firearms, according to charges. This led to a traffic stop May 4, at which time two HPD officers allegedly approached Bryan’s truck and requested identifying information.
The complaint alleges he could not do so, which led authorities to ask him to step out of the vehicle. As one officer opened Bryan’s door, Bryan quickly reached into his waistband pulled out a semi-automatic handgun, according to the complaint. He allegedly shot and struck the other HPD officer twice - once in the chest and once in the right hip.
The charges further allege both officers returned gunfire and struck Bryan.
A search of Bryan’s vehicle allegedly revealed over 120 grams of meth and a digital scale as well as two handguns.
Bryan is charged with use or carry a firearm during and in relation to a drug trafficking crime and possession with intent to distribute meth. If convicted, he faces a minimum of 10 years in prison and up life for the drug charges as well as a minimum of 10 years for using the firearm which must be served consecutively to the other prison term imposed.
The Drug Enforcement Administration, Houston Police Department, Texas Department of Public Safety and Bureau of Alcohol, Tobacco, Firearms and Explosives conducted the investigation. Assistant U.S. Attorney Michael Day is prosecuting the case.
Horry County Man Indicted for Possession of a Firearm by a Prohibited PersonRead the Press Release
FLORENCE, SOUTH CAROLINA — A federal grand jury in Florence returned a one-count indictment against Richard Terrell Smith, 32 of Conway, for felon in possession of a firearm.
The indictment alleges that in June 2021, Smith possessed a 9mm pistol as well as a 20 gauge shotgun after having been convicted of a crime punishable by a term of imprisonment exceeding one year.
Smith faces a maximum penalty of up to 10 years imprisonment followed by up to 3 years supervised release, and a fine of up to $250,000. He is currently detained pending trial.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
The case was investigated by the Horry County Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). Special Assistant U.S. Attorney Ryan M. Waller is prosecuting the case.
U.S. Attorney Corey F. Ellis stated that all charges in the indictment are merely accusations and that defendants are presumed innocent unless and until proven guilty.
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Holyoke Man Sentenced to Five Years in Prison for Fentanyl DistributionRead the Press Release
BOSTON – A Holyoke man was sentenced yesterday in federal court in Springfield for drug trafficking activities involving fentanyl.
Carlos Morales, 31, was sentenced by U.S. District Court Judge Mark G. Mastroianni to five years in prison and five years of supervised release. On Feb. 17, 2022, Morales pleaded guilty to possession with intent to distribute 400 grams or more of fentanyl.
Morales distributed over 106,000 bags of fentanyl, for a total weight of over 1.7 kilograms. This is believed to be one of the largest amounts of fentanyl packaged for delivery ever seized in Western Massachusetts.
United States Attorney Rachel S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Holyoke Police Chief David Pratt made the announcement. Assistant U.S. Attorney Todd E. Newhouse of Rollins’ Springfield Branch Office prosecuted the case.
High-Ranking Member of MS-13 Sentenced to 13 Years in PrisonRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced today that AMILCAR ROMERO, a/k/a “Soldado,” a high-ranking member of Mara Salvatrucha, or MS-13, was sentenced by U.S. District Judge Vernon S. Broderick to 13 years in prison. ROMERO previously pled guilty to conspiracy to distribute and possess with intent to distribute methamphetamine. Judge Broderick ordered ROMERO’s sentence in this case to run consecutively to a prior sentence for attempted murder imposed in California state court in 1997 and another prior sentence for conspiring to participate in the affairs of a racketeering enterprise, namely MS-13, imposed in the District of New Jersey in 2016.
U.S. Attorney Damian Williams said: “Amilcar Romero, a senior leader of the L.A. Program of MS-13, helped plan a cross-border methamphetamine distribution network. He did this by communicating with other members of the gang through a contraband cellphone in state prison while serving a lengthy sentence for a violent crime. With our law enforcement partners, we will continue to hold accountable those like Romero who threaten the safety and well-being of our communities, even if they do so from prison.”
According to the Indictment, other filings in this case, and statements during court proceedings:
ROMERO is a member of MS-13, a transnational racketeering enterprise which operates throughout North and Central America, including in El Salvador, Mexico, New York, California, Texas, Virginia, Tennessee, and North Carolina. To enrich the enterprise, protect and expand its criminal operations, enforce discipline among its members, and retaliate against members of rival gangs, members and associates of MS-13 committed, conspired, attempted, and threatened to commit acts of violence; distributed and possessed with intent to distribute narcotics, including methamphetamine; and obtained, possessed, and used firearms.
MS-13 is organized into chapters called “cliques.” Groups of cliques, in turn, are aligned as “programs.” Each program is governed by a group of senior gang leaders known as the “table.”
ROMERO is a high-ranking member of the table of the “L.A. Program” of MS-13. In 2019, ROMERO participated in the transnational and nationwide affairs of MS-13 through a contraband prison cellphone while he was incarcerated in Calipatria State Prison in California, including by communicating with and relaying orders to other members of MS-13 throughout the United States and in El Salvador.
In the summer and fall of 2019, ROMERO helped plan, with other high-ranking members of MS-13, for the establishment of a methamphetamine distribution network that started in Mexico and operated throughout the United States, including North Carolina, New York, Virginia, and Tennessee.
In addition, in September 2019, ROMERO and other senior members of MS-13 conspired to extort another gang member, who was told that he either had to repay money or be “green lit” (i.e., killed) for introducing a “bad connection” who supplied poor quality narcotics to the gang.
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In addition to the prison term, Judge Broderick sentenced ROMERO, 52, to three years of supervised release.
Mr. Williams praised the investigative work of Homeland Security Investigations and the New York City Police Department.
This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF..
This case is being handled by the Office’s Violent & Organized Crime Unit. Assistant United States Attorneys Michael D. Longyear, Justin V. Rodriguez, and Jacob Warren are in charge of the prosecution.
Hazleton Man Sentenced to 24 Months’ Imprisonment for Identity Theft and Immigration OffensesRead the Press Release
SCRANTON- The United States Attorney’s Office for the Middle District of Pennsylvania announced that United States District Judge Malachy E. Mannion sentenced Adrian Hernandez-Gutierrez, age 36, of Hazleton, Pennsylvania, yesterday to 24 months’ imprisonment and a one year term of supervised release, for the crimes of Aggravated Identity Theft, Social Security Account Number Fraud and Illegal Reentry of a Removed Alien.
According to United States Attorney John C. Gurganus, on March 4, 2021, Hernandez-Gutierrez, a previously deported alien, was arrested in Hazleton, PA. Further investigation revealed that Hernandez-Gutierrez fraudulently used the identity of a United States citizen, including a counterfeit social security card, to obtain a Pennsylvania Driver’s License. Hernandez-Gutierrez then went on to use the stolen identity and the fraudulently obtained ID card to cash thousands of dollars in checks, thereby assisting his employer, the owner of a Hazleton, PA-based roofing company, in maintaining an all cash payroll that, in turn, allowed his employer to avoid employment tax responsibilities. The employer, Charles Ehrenberg of Ehrenberg Roofing and Construction, Inc., was separately prosecuted and has pleaded guilty to criminal tax violations.
The case was investigated by Homeland Security Investigations (HSI) and IRS-Criminal Investigations. Assistant U.S. Attorney Jeffery St. John prosecuted the case.
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Havre man who trafficked meth on Rocky Boy’s Indian Reservation sentenced to 68 months in prisonRead the Press Release
GREAT FALLS — A Havre man who admitted to supplying large quantities of methamphetamine to individuals on the Rocky Boy’s Indian Reservation was sentenced today to 68 months in prison, to be followed by five years of supervised release, U.S. Attorney Leif M. Johnson said.
Clayton Cree Morsette, 24, pleaded guilty in April 2021 to possession with intent to distribute meth.
Chief U.S. District Judge Brian M. Morris presided.
The government alleged in court documents that in 2019, law enforcement officers learned that Kristina Russette, of Spokane, Washington, who was charged and convicted in a related case, and her boyfriend, Morsette, worked together to distribute meth from the Spokane area to the Rocky Boy’s Reservation. In addition, in May 2020, Russette was driving a vehicle stopped in Washington for traffic violations. Morsette was a passenger. During a search of the vehicle, officers found multiple bags containing approximately 1.6 pounds of meth. Morsette told an officer that he and Russette had picked up the drugs in Spokane and that some of it was destined for Montana.
Multiple individuals told law enforcement that Morsette was a longtime supplier of large quantities of meth to persons on and around the reservation and described him as working with Russette. Russette previously was sentenced to 124 months in prison.
Assistant U.S. Attorney Ethan R. Plaut prosecuted the case, which was investigated by the FBI, Chippewa Cree Law Enforcement Services, Tri-Agency Drug Task Force, Bureau of Indian Affairs, Kalispel Tribe Public Safety Department in Washington and the Airway Heights Police Department in Washington.
This case is part of Project Safe Neighborhoods, a U.S. Department of Justice initiative to reduce violent crime. Through PSN, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Guatemalan Man Sentenced to 24 Months in Conspiracy to Produce and Transfer Fraudulent DocumentsRead the Press Release
United States Attorney Jan Sharp announced that Estuardo Hernando Ruiz-Orozco, 51, of Guatemala, was sentenced today in federal court in Omaha, Nebraska, for Conspiracy to Produce and Transfer Fraudulent Documents. Chief United States District Judge Robert F. Rossiter, Jr. sentenced Ruiz-Orozco to 24 months’ imprisonment. Prior to sentencing, Ruiz-Orozco had forfeited $17,561.00 as proceeds or property facilitating the fraudulent document scheme. There is no parole in the federal system. After his release from prison, he will begin a 3-year term of supervised release. Ruiz-Orozco will be deported by U.S. immigration authorities after completing his sentence to imprisonment.
In the spring of 2020, law enforcement officers investigating an identity theft matter involving the use of a deceased person’s Social Security number learned that fraudulent identity documents could be obtained from a co-conspirator residing in Fremont, Nebraska.
Over the course of the year, investigators made several purchases of fraudulent documents (Social Security cards, state Driver’s Licenses, and Lawful Permanent Resident cards (I-551s) from the co-conspirator, who was receiving dozens of packages originating in California through the U.S. Mail. Investigators determined that another co-conspirator residing in Pomona, California, was the source of the fraudulent documents mailed to Nebraska. Investigators determined that Ruiz-Orozco, residing in Wakefield, Nebraska, was also selling fraudulent documents obtained from the California supplier.
On October 7, 2020, an undercover officer ordered fraudulent identity documents from Ruiz-Orozco. On October 15, 2020, defendant produced a Driver’s License, an I-551, and a Social Security Card to the undercover officer.
Investigators planned and executed coordinated arrests of the defendants on April 14, 2021. Investigators obtained warrants to search the Nebraska defendants’ residences and cars, yielding dozens of counterfeit federal and state identity cards, blank card stock for use in producing fraudulent documents, and nine notebooks containing customer names and biographical information.
Trial for the remaining defendants is scheduled for June 21, 2022.
This case was investigated by Homeland Security Investigations, the Social Security Administration’s Office of Inspector General, and the Nebraska Department of Motor Vehicles.
Grand Rapids Man Sentenced to over 27 Years in Federal Prison for Distributing Fatal Heroin and Fentanyl That Caused Two DeathsRead the Press Release
KALAMAZOO, MICHIGAN – On May 10, 2022, U.S. District Judge Paul L. Maloney sentenced Mustafa Deville Reynolds, 24, of Grand Rapids, to 328 months (27 years and 4 months) in prison for distributing heroin and fentanyl that caused the deaths of two Grand Rapids men, announced U.S. Attorney Mark Totten. The two victims were 25 and 27 years old at the time of their deaths in August 2019.
In the early morning hours of August 21, 2019, the victims were found by their roommates, unresponsive, just hours apart from one another. After initially being transported to the hospital, both men subsequently died from fentanyl and heroin toxicity. Detectives with the Grand Rapids Police Department (GRPD) found evidence on cell phones that showed in the evening of August 20, 2019, Reynolds sold the fatal drugs directly to one of the victims, and that Reynolds sold the fatal drugs through a middleman to the other victim. One week later, on August 27, 2019, Reynolds sold a mixture of heroin and fentanyl to an undercover GRPD detective. During the sale, Reynolds pointed to the drugs and told the detective, “Be careful with that one. Don’t do too much.” Other evidence recovered from cell phones showed that Reynolds referred to the drugs he sold as “fire,” and used other individuals to “test” the potency of the lethal substances.
In January 2022, a jury found Reynolds guilty of all three crimes: distributing heroin and fentanyl that resulted in the deaths of the two victims, and distributing heroin and fentanyl to the undercover detective. According to evidence admitted at trial, the victims thought they were buying heroin, but the heroin was laced with, or was mostly fentanyl. Specifically, a forensic chemist with the Michigan State Police testified that one of the baggies of alleged heroin that Reynolds sold to the undercover detective was predominately fentanyl, which is a synthetic opioid 100 times more potent than morphine. At sentencing, the U.S. Attorney’s Office argued that Reynolds’s comments to the undercover GRPD detective about the potency of the substance proved Reynolds knew he was selling deadly drugs, and therefore was deserving of a significant sentence.
“Today’s sentence ensures accountability for the distribution of deadly drugs. Like the rest of the United States, Michigan remains in the midst of an opioid crisis. Individuals who order heroin are increasingly receiving fentanyl, a synthetic opioid that is cheaper, easier to produce, and often lethal,” said U.S. Attorney Totten. “The U.S. Attorney’s Office is committed to investigating and prosecuting these cases to ensure that drug dealers who cause death are brought to justice,” added Totten.
“This sentence should serve notice to drug dealers that you will be held responsible for the lives you ruin and end. With the help of our law enforcement partners around the globe, we will continue investigating cases like these and follow the supply chain as far as necessary,” said Kent Kleinschmidt, Acting Special Agent in Charge of the Drug Enforcement Administration’s Detroit Division.
“The illegal distribution of heroin and fentanyl continue to have devastating effects on our community,” said Grand Rapids Police Department Lieutenant Jonathan Wu. “The sentencing of Mustafa Reynolds highlights the successful partnership between the Grand Rapids Police Department, the Drug Enforcement Administration, and the U.S. Attorney’s Office. We are thankful for the dedication and hard work of all the officers, detectives, agents, and attorneys that worked together to bring this case to a successful conclusion. We are committed to investigating and prosecuting those in our communities that profit off the addiction of others,” added Wu.
The Grand Rapids Police Department Vice Unit and the Drug Enforcement Administration investigated this case, which was prosecuted by Assistant United States Attorneys Dan McGraw and Alexis Sanford.
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Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. - A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments yesterday. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Hudson Resident Charged with Drug Crimes Involving Methamphetamine
Juventino Lara Plancarte, 54, a citizen of Mexico living in Hudson, Wisconsin, is charged with possessing 500 grams or more of methamphetamine with the intent to distribute and with maintaining a place for the purpose of distributing controlled substances. The indictment alleges that on January 20, 2022, he possessed 500 grams or more of methamphetamine for distribution and maintained a place in Hudson for the purpose of distributing methamphetamine.
If convicted, Plancarte faces a mandatory minimum penalty of 10 years and a maximum of life in prison on the charge of possessing 500 grams or more of methamphetamine for distribution. The charge of maintaining a place for distributing controlled substances has a maximum penalty of 20 years in prison. The charges against him are the result of an investigation by the La Crosse and Hudson Police Departments and the St. Croix County Sheriff’s Department. Assistant U.S. Attorney Robert A. Anderson is handling the prosecution.
La Crosse Man Charged with Drug & Gun Crimes
Kareem Nellum, 29, La Crosse, Wisconsin, is charged with distributing fentanyl, possessing 40 grams or more of fentanyl with the intent to distribute, and being a felon in possession of a firearm and ammunition. The indictment alleges that on March 29, 2022, Nellum distributed fentanyl, and that on March 30, 2022, he possessed 40 grams or more of fentanyl for distribution and a Smith and Wesson pistol and 9mm ammunition.
If convicted, Nellum faces a maximum penalty of 20 years in prison on the fentanyl distribution charge, a mandatory minimum penalty of 5 years and a maximum of 40 years on the charge of possessing 40 grams or more of fentanyl for distribution, and a maximum of 10 years on the charge of being a felon in possession of a firearm and ammunition. The charges against him are the result of an investigation by the La Crosse Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Taylor Kraus is handling the investigation.
Eau Claire Woman Charged with Possessing Methamphetamine for Distribution
Golia Xiong, 39, Eau Claire, Wisconsin, is charged with possessing 50 grams or more of methamphetamine with the intent to distribute. The indictment alleges that she possessed the methamphetamine for distribution on March 30, 2022.
If convicted, Xiong faces a mandatory minimum penalty of 5 years and a maximum of 40 years in prison. The charge against her is the result of an investigation by the Barron County Sheriff’s Department. Assistant U.S. Attorney Robert A. Anderson is handling the prosecution.
Fitchburg Man Charged with Illegally Possessing Firearm
Johnluke Spears, 31, Fitchburg, Wisconsin, is charged with being a felon in possession of a firearm. The indictment alleges that on December 21, 2021, he possessed a .40 caliber handgun.
If convicted, Spears faces a maximum penalty of 10 years in prison. The charge against him is the result of an investigation by the Fitchburg, Middleton, and Sun Prairie Police Departments; Dane County Sheriff’s Office; Federal Bureau of Investigation; and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the investigation.
Mexican Citizen Charged with Illegally Reentering United States
Paulino Gonzalez-Zarate, 27, a citizen of Mexico living in Sun Prairie, Wisconsin, is charged with illegally reentering the United States after previously being removed. The indictment alleges that he was found in the U.S. on April 14, 2022.
Gonzalez-Zarate was previously charged with this offense in a complaint filed in U.S. District Court on April 28. The complaint alleges that after his arrest on state charges of battery, strangulation and suffocation, and sexual assault, investigators became aware that he was in the U.S. illegally.
The charge against Gonzalez-Zarate is the result of an investigation by U.S. Immigration and Customs Enforcement. Assistant U.S. Attorney Meredith Duchemin is handling the prosecution.
Granby Man Pleads Guilty to Fraud and Tax Evasion Offenses Stemming from Embezzlement SchemeRead the Press Release
Vanessa Roberts Avery, United States Attorney for the District of Connecticut, Joleen D. Simpson, Special Agent in Charge of IRS Criminal Investigation in New England, and David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation, announced that DAVID McMANUS, 56, of Granby, waived his right to be indicted and pleaded guilty today in Bridgeport federal court to fraud and tax offenses stemming from his embezzlement of funds from his employer.
According to court documents and statements made in court, McManus was the Chief Financial Officer for a Hartford-based company for nearly 14 years. Between 2012 and 2018, McManus embezzled approximately $433,584 from the company by using company funds to pay off his personal credit card expenses, and by issuing reimbursements to himself for personal expenses unrelated to the company.
McManus also filed federal income tax returns that omitted the embezzled income for the 2015 through 2018 tax years, resulting in a tax loss of $104,094 to the IRS.
McManus pleaded guilty to one count of wire fraud, which carries a maximum term of imprisonment of 20 years, and one count of tax evasion, which carries a maximum term of imprisonment of five years. He is scheduled to be sentenced by U.S. District Judge Sarah A. L. Merriam on August 8.
McManus has agreed to pay full restitution to his former employer, as well as all back taxes, interest and penalties.
McManus is released on a $50,000 bond pending sentencing.
This matter has been investigated by the Internal Revenue Service, Criminal Investigation Division, Federal Bureau of Investigation, and Hartford Police Department. The case is being prosecuted by Assistant U.S. Attorney Margaret Donovan.
Four Men Arrested for Interstate Catalytic Converter TheftsRead the Press Release
NEWARK, N.J. – Four men were charged today for their roles in a scheme to steal catalytic converters from vehicles in New Jersey and transport the stolen goods to New York, U.S. Attorney Philip R. Sellinger announced.
Carlos Gonzalez Sabino, 27, and Marcos Rivas Cruz, 21, both of the Bronx, New York, Juan Jose Flores Nolasco, 27, of Paterson, New Jersey, and Jeffrey Sena, 27, of New Rochelle, New York, are charged by complaint with interstate transportation of stolen goods. They are scheduled to make their initial appearances by videoconference this afternoon before U.S. Magistrate Judge José R. Almonte.
According to documents filed in this case and statements made in court:
Law enforcement officials identified a white BMW in connection with approximately 15 catalytic converter thefts in New Jersey from January 2022 through May 2022. On May 11, 2022, law enforcement learned that the BMW was traveling in New Jersey and had been identified by witnesses in connection with several catalytic converter thefts that had occurred in the morning. Law enforcement officials determined that the BMW would likely travel from New Jersey into New York, via the George Washington Bridge, with the stolen catalytic converters, and established surveillance there. They stopped the BMW and apprehended the defendants. Law enforcement officials found seven stolen catalytic converters, collectively valued at approximately $5,600, and other items.
Interstate transportation of stolen goods carries a maximum potential penalty of 10 years in prison and maximum fine of $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, Newark Transnational Organized Crime Task Force, under the direction of Acting Special Agent in Charge Michael Messenger; the Port Authority of New York and New Jersey Police Department, under the direction of Superintendent of Police Edward T. Cetnar; and the Cranford Police Department, under the direction of Chief of Police Ryan Greco, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Kimberly Mitchell of the Organized Crimes and Gangs Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the Defendants are presumed innocent unless and until proven guilty.
Former Mercer County Pharmacist Charged with Illegally Distributing Oxycodone and Other Opiates from Trenton PharmacyRead the Press Release
TRENTON, N.J. – A former pharmacist was arrested today for her role in distributing and dispensing outside the course of professional practice large quantities of oxycodone and other controlled substances from a pharmacy located in Trenton, U.S. Attorney Philip R. Sellinger announced.
Florence Ndubizu, 62, of Princeton Junction, New Jersey, is charged in a three-count indictment unsealed today with one count of conspiracy to unlawfully distribute and dispense and to possess with intent to distribute and to dispense Schedule II controlled substances, including oxycodone, between 2014 and 2017; one count of unlawfully distributing and dispensing a controlled substance; and one count of maintaining a premises for the illegal distribution of a controlled substance. Ndubizu is scheduled to make her initial appearance by videoconference this afternoon before U.S. Magistrate Judge Tonianne J. Bongiovanni.
According to documents filed in this case:
Between 2014 and 2017, Ndubizu was the co-owner and pharmacist-in-charge of Healthcare Pharmacy in Trenton. She and her employee conspirators, acting at her direction, systematically filled fraudulent prescriptions outside the usual course of professional practice, knowing that the drugs would not be used for a legitimate medical purpose, but instead would be illegally diverted, including to street-level drug dealers. Ndubizu, operating a single-location pharmacy, purchased and distributed millions of dosage units of oxycodone, including over 800,000 pills in 2014; over 900,000 pills in 2015; over 800,000 pills in 2016; and over 200,000 pills in 2017, until the DEA suspended the pharmacy’s registration. During each of the years 2014, 2015, 2016, and 2017, Healthcare Pharmacy was one of the largest purchasers of oxycodone in the state of New Jersey. On Aug. 31, 2017, the DEA served Ndubizu with an order immediately suspending Healthcare Pharmacy’s ability to distribute controlled substances, including oxycodone.
Ndubizu diverted oxycodone pills to cash-paying customers, including street-level drug dealers with fraudulent prescriptions, and then evaded state and federal reporting requirements by manipulating the pharmacy’s dispensing records to conceal the missing inventory. The DEA conducted an audit of Healthcare Pharmacy’s inventory records and government reporting records and found that between April 2015 and August 2017 alone, Ndubizu and Healthcare Pharmacy diverted more than 80,000 oxycodone containing pills, containing more than 2 kilograms of oxycodone.
The conspiracy charged in Count One and substantive unlawful distribution of Schedule II controlled substances charged in Count Two each carry a maximum potential penalty of 20 years in prison and a $1 million fine, or twice the gross gain or loss from the offense, whichever is greatest. Count Three, charging Ndubizu with maintaining Healthcare Pharmacy as a drug-involved premises carries a maximum penalty of 20 years in prison and a $500,000 fine, or twice the gross gain or loss from the offense, whichever is greatest.
U.S. Attorney Sellinger credited diversion investigators, special agents and task force officers of the DEA, under the direction of Special Agent in Charge Susan A. Gibson, with the investigation leading to today’s arrest. He also thanked special agents of IRS - Criminal Investigation, officers of the Trenton Police Department, and the Mercer County Prosecutor’s Office for their assistance.
The government is represented by Assistant U.S. Attorney Alexander E. Ramey of the U.S. Attorney’s Office Criminal Division in Trenton.
The charges and allegations contained in the indictment are merely accusations and the defendant is presumed innocent unless and until proven guilty. Ndubizu’s husband, Gordian A. Ndubizu, the co-owner of Healthcare Pharmacy, was also arrested today on tax evasion offenses charged in a separate indictment. Florence Ndubizu is not charged in the tax case.
Florence Man Sentenced to More Than 15 Years in Federal Prison for Narcotics and Firearms CrimesRead the Press Release
FLORENCE, SOUTH CAROLINA — Daniel Harrison Wallace, 29, of Florence, was sentenced to more than 15 years in federal prison after pleading guilty to possessing with intent to distribute methamphetamine and possessing a firearm in furtherance of drug trafficking.
Evidence presented to the Court showed that on January 10, 2020, deputies with Chesterfield County Sheriff’s Office arrived at a camper in Hartsville to arrest an individual they believed resided there. Upon approaching the camper, a deputy saw a firearm and suspected drugs through the camper’s open door. Deputies removed the occupants of the camper, including Wallace, and searched the camper. In the search, deputies discovered 112 grams of suspected marijuana, 165 grams of methamphetamine, $2,700 in cash, and four firearms. In a subsequent statement, Wallace admitted that on January 9, 2020, he committed a robbery and used the proceeds of the robbery to purchase marijuana and methamphetamine, which he intended to sell. He further stated that several of the firearms in the camper were his, and he had the firearms to prevent others from robbing him.
United States District Judge Sherri A. Lydon sentenced Wallace to 181 months imprisonment, to be followed by an eight-year term of court-ordered supervision. There is no parole in the federal system.
This case was prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
This case was investigated by the Chesterfield County Sheriff’s Office, the Hartsville Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Assistant U.S. Attorney Katherine Flynn is prosecuting the case.
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Felon Pleads Guilty for Firearms ViolationRead the Press Release
NEW ORLEANS – United States Attorney Duane A. Evans announced that EDWARD BELL, age 26 of New Orleans, Louisiana, pleaded guilty to a one-count superseding bill of information for being a felon in possession of ammunition in violation of the Federal Gun Control Act, Title 18, United States Code, Sections 922(g)(1) and 924(a)(2).
According to court documents, BELL was arrested by law enforcement officers after being discovered in a stolen vehicle in Kenner, Louisiana on April 20, 2020. At the time, he had a nine-millimeter semi-automatic handgun with an extended magazine tucked in his waistband. The firearm was loaded with Lapua, Barnes, and Hornady ammunition, which is unlawful to possess by a convicted felon. BELL was previously convicted of numerous drug and firearm felonies in Orleans Parish.
BELL faces a maximum term of ten years imprisonment, a fine of up to $250,000.00, up to three (3) years of supervised release following any term of imprisonment, and a mandatory $100 special assessment fee. The Honorable United States District Judge Sarah S. Vance has set sentencing for August 3, 2022.
This case is being prosecuted as part of the joint federal, state, and local Project Safe Neighborhoods (PSN) Program, 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.
United States Attorney Evans praised the work of the Kenner Police Department and the Bureau of Alcohol, Tobacco, Firearms, and Explosives in investigating this matter. The case is being prosecuted by Assistant U.S. Attorney Charles D. Strauss.
Federal Jury Finds Huntington Man Guilty of Gun CrimeRead the Press Release
HUNTINGTON, W.Va. – After two days of trial, a federal jury convicted a Huntington man today of being a felon in possession of ammunition.
Evidence at trial revealed Brendon Tyre Garner, 33, possessed .380-caliber ammunition in Huntington on June 29, 2021. Garner possessed this ammunition when he shot an individual on Charleston Avenue and fled the scene.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Garner knew he was prohibited from possessing ammunition because of prior felony convictions in Cabell County Circuit Court for possession with intent to deliver drugs in January 2015; in Lawrence County, Ohio, Court of Common Pleas for trafficking in drugs in April 2014; and in Cabell County Circuit Court for wanton endangerment in October 2011.
Garner is scheduled to be sentenced on August 22, 2022, and faces a maximum penalty of 10 years in prison, three years of supervised release and a $250,000 fine.
United States Attorney Will Thompson made the announcement and commended the Bureau of Alcohol, Firearms, Tobacco, and Explosives (ATF), the Huntington Police Department, and the Huntington Violent Crime and Drug Task Force for conducting the investigation.
United States District Judge Robert C. Chambers presided over the jury trial. Assistant United States Attorneys Ryan Keefe and Joseph F. Adams are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 3:21-cr-140.
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Federal Inmate Indicted for Illegal Possession of Suboxone StripsRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Rauon Gordon, age 28, an inmate at FCI Allenwood, was indicted by a federal grand jury for unlawful possession of prohibited objects by a federal prison inmate.
According to United States Attorney John C. Gurganus, the indictment alleges that Gordon knowingly possessed a mixture and substance containing a detectable amount of buprenorphine, also known as Suboxone, a Schedule III controlled substance and narcotic.
The case was investigated by the Federal Bureau of Prisons and the Federal Bureau of Investigations. Special Assistant U.S. Attorney Drew Inman and Assistant U.S. Attorney George J. Rocktashel are assigned to prosecute the case.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for this offense is 20 years of imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Federal Inmate Charged with Possession of MarijuanaRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Thomas Burton, age 46, an inmate at the United States Federal Correctional Institution, Allenwood (FCI Allenwood), was indicted by a federal grand jury with possessing contraband in prison.
According to United States Attorney John C. Gurganus, Burton was found in possession of marijuana on February 25, 2022.
The charges stem from an investigation by officers at FCI Allenwood and the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
Burton faces a maximum of five years of incarceration and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Federal Inmate Charged with Possession of A WeaponRead the Press Release
WILLIAMSPORT - The United States Attorney’s Office for the Middle District of Pennsylvania announced today that George May, age 23, an inmate at the Federal Correctional Institution, Allenwood (FCI Allenwood), was indicted by a federal grand jury for possessing contraband in prison.
According to United States Attorney John C. Gurganus, the indictment alleges that May was found in possession of a sharpened piece of metal, commonly referred to as a “shank” on March 30, 2022.
The charges stem from an investigation by FCI Allenwood and the Federal Bureau of Investigation. Assistant United States Attorney Alisan V. Martin is prosecuting the case.
If convicted, May faces a maximum of five years of incarceration and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Criminal indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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