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Wednesday 20 April 2022
Illinois Man Sentenced to 11 Years for Armed Robbery of Lake Delton StoreRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Deon Brown, 28, Waukegan, Illinois, was sentenced today by Chief U.S. District Judge James D. Peterson to 11 years in federal prison for robbery of a retail store in Lake Delton, Wisconsin. Brown pleaded guilty to this charge on January 26, 2022.
On July 28, 2020, Brown and co-defendant Cortez Thurmond robbed the Alpha Red Studio in Lake Delton. A few minutes later, and less than a mile away, the defendant and Thurmond robbed Gifts of the World retail store. Video surveillance from inside of Gifts of the World showed Thurmond and Brown taking money from the store and customers. During the robbery, Brown carried a firearm with an extended magazine and struck a customer in the back of the head with it. Another customer in the store reported that Brown punched her in the mouth before stealing her purse.
At the time of the robberies, Brown was on active state supervision in Illinois for a felony armed robbery conviction. At the sentencing hearing, Judge Peterson noted that Brown’s violent use of the firearm during the robberies had a terrorizing effect on the victims. Judge Peterson stated that the robbery of Gifts of the World was a “very calculated crime” as video surveillance showed Brown and Thurmond casing the store two hours before they robbed it. Judge Peterson also noted that Brown’s previous armed robbery conviction and the accompanying four-year prison sentence had not deterred him from engaging in the same criminal conduct.
Judge Peterson sentenced Thurmond on March 1, 2022 to 8 ½ years in prison for his role in the offense. In addition, on January 11, 2022, a grand jury in the Eastern District of Wisconsin returned an indictment against Thurmond and Brown charging them with a conspiracy to rob various commercial establishments in Racine and Kenosha. With regard to these charges, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
The charges against Brown and Thurmond were a result of an investigation conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Lake Delton Police Department, and the Racine Police Department. Assistant U.S. Attorney Aaron Wegner handled the prosecution.
Gulfport Man Sentenced to 10 Years in Prison for Firearms OffenseRead the Press Release
Gulfport, Miss. – A Gulfport man was sentenced to 120 months in prison for being a felon in possession of a firearm, announced U.S. Attorney Darren J. LaMarca and Brad L. Byerley, Special Agent in Charge of the Drug Enforcement Administration.
According to court documents and evidence presented at trial, on August 8, 2021, Decorie Deshun Bates, 33, was arrested after the Gulfport Police Department responded to a domestic disturbance 911 call. Prior to officers’ arrival at the scene, Bates left the residence on foot. However, the caller took photos of Bates while he was leaving the residence. The photos depicted Bates carrying a firearm.
Bates was apprehended nearby unarmed. However, a firearm, matching the firearm depicted in the photographs, was found along his suspected route of travel. After being taken into custody, Bates admitted to purchasing the firearm approximately two weeks before the incident. Bates had prior felony convictions for Aggravated Assault, Credit Card Fraud, and Burglary of a Dwelling.
Bates was found guilty of being a felon in possession of a firearm by a federal jury on January 20, 2022.
At sentencing, the court enhanced Bates’s sentence for his attempts to obstruct justice by asking the 911 caller to lie about his possession of the firearm. The court also varied upwards based upon Bates’s criminal history, and because he was released from parole the day before he committed the offense. The 120 months sentence was the statutory maximum sentence that the court could have imposed.
The Drug Enforcement Administration and the Gulfport Police Department investigated the case with assistance from the Bureau of Alcohol Tobacco, Firearms and Explosives.
Assistant U.S. Attorneys Jonathan Buckner and John Meynardie prosecuted the case.
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.
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 today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
Fitchburg Man Charged with Gun Crimes
Ka’toine Richardson, also known as “Kado,” 19, Fitchburg, Wisconsin, is charged with receiving a firearm knowing that he was charged with a felony, receiving and possessing a stolen firearm, and with possessing a loaded firearm in furtherance of a drug trafficking crime. The indictment alleges that on March 18, 2022, Richardson possessed a stolen semiautomatic handgun. The indictment further alleges that from March 22 to March 23, 2022, Richardson possessed a loaded semiautomatic handgun in furtherance of the drug trafficking crime of possessing marijuana with intent to distribute.
Richardson previously was charged with these offenses in a complaint filed in U.S. District Court on April 8. The complaint and affidavit allege that Richardson was the subject of an armed robbery investigation that occurred in Fitchburg on March 18 and following his arrest on March 23, a semiautomatic handgun was found in the vehicle he had been driving. Richardson has been held in the Dane County Jail since his arrest.
If convicted, Richardson faces a maximum penalty of 5 years in federal prison on the charge possessing a firearm while under indictment for a felony offense, a maximum penalty of 10 years on the charge of possessing a stolen firearm, and a mandatory minimum penalty of 5 years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Federal law requires that any penalty imposed on the charge of possessing a firearm in furtherance of a drug trafficking crime be served consecutive to any other sentence imposed.
The charges against Richardson are the result of an investigation by the Fitchburg Police Department, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Madison Police Department. U.S. Attorney Timothy M. O’Shea is handling the prosecution.
Madison Man Charged with Two Gun Crimes
Kishaun J. Brooks, 20, Madison, Wisconsin, is charged with being a felon in possession of a loaded firearm and with possessing a loaded firearm in furtherance of a drug trafficking crime. The indictment alleges that from March 18 to April 1, 2022, Brooks possessed a loaded semiautomatic 9mm handgun, and that on April 1, he did so in furtherance of the drug trafficking crime of possessing marijuana with intent to distribute.
If convicted, Brooks faces a maximum penalty of 10 years in prison on the charge of being a felon in possession of a firearm, and a mandatory minimum penalty of 5 years on the charge of possessing a firearm in furtherance of a drug trafficking crime. Federal law requires that any penalty imposed on the charge of possessing a firearm in furtherance of a drug trafficking crime be served consecutive to any other sentence imposed.
The charges against Brooks are the result of an investigation by the Fitchburg Police Department, Federal Bureau of Investigation, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Madison Police Department. U.S. Attorney Timothy M. O’Shea is handling the prosecution.
The indictments of Richardson and Brooks have been brought as part of Project Safe Neighborhoods (PSN), the U.S. Justice Department’s program to reduce violent crime. The PSN approach emphasizes coordination between state and federal prosecutors and all levels of law enforcement to address gun crime, especially felons illegally possessing firearms and ammunition and violent and drug crimes that involve the use of firearms.
Muscoda Woman Charged with Drug Crimes
Pa Kou Yang, 32, Muscoda, Wisconsin, is charged with two counts of possessing 50 grams or more of methamphetamine with the intent to distribute. The indictment alleges that she possessed 50 grams or more of methamphetamine for distribution on December 17, 2020 and February 18, 2021.
If convicted, Pa Kou Yang faces a mandatory minimum penalty of 5 years and a maximum of 40 years in federal prison on each count. The charges against her are the result of an investigation by the Crawford County Sheriff’s Office, Onalaska Police Department, West Central Metropolitan Enforcement Group, Wisconsin Department of Justice Division of Criminal Investigation, and Richland-Iowa-Grant Drug Task Force. Assistant U.S. Attorney Chadwick Elgersma is handling the prosecution.
Stevens Point Man Charged with Distributing Child Pornography
Alexander Kucharski, 21, Stevens Point, Wisconsin, is charged with four counts of distributing visual depictions involving the use of a minor engaging in sexually explicit conduct. The indictment alleges that he posted a file containing such depictions onto Kik on October 20, twice on November 6, and on November 10, 2021.
If convicted, Kucharski faces a mandatory minimum penalty of 5 years and a maximum of 20 years in federal prison on each count. The charges against him are the result of an investigation by the Wisconsin Department of Justice Division of Criminal Investigation, Stevens Point Police Department, Portage County Sheriff’s Office, and Plover Police Department. Assistant U.S. Attorney Elizabeth Altman is handling the investigation.
Grand Jury Indicts Former Municipal Prosecuting Attorney for Jefferson County, Missouri on Civil Rights Charge and Lying to the Federal Bureau of InvestigationRead the Press Release
ST. LOUIS – A federal grand jury indicted James Isaac “Ike” Crabtree, former Municipal Prosecuting Attorney for Jefferson County, Missouri, on April 20, 2022, for one count of Deprivation of Rights under Color of Law, and one count of False Statements to the Federal Bureau of Investigation (“FBI”) related to a March 8, 2021, incident.
Crabtree was the Municipal Prosecuting Attorney for Jefferson County, Missouri until he resigned his position during March 2022 as a result of the federal criminal investigation. The Indictment alleges that, on March 8, 2021, Crabtree met with a female in his courthouse office after regular business hours. At that time, the female, identified in the Indictment as “Victim One,” was a defendant in several pending cases being prosecuted by Crabtree in Jefferson County Municipal Court. The Indictment alleges that, during that meeting, Crabtree subjected Victim One to sexual contact while acting under color of law in his position as Municipal Prosecuting Attorney, thereby depriving Victim One of her Constitutional Right not to be deprived of liberty without due process of law, which includes the right to bodily integrity. The Indictment further alleges that, on March 3, 2022, when interviewed by Special Agents of the FBI concerning the March 8, 2021, incident, Crabtree lied and falsely denied that he kissed Victim One, that he had touched Victim One’s body, and that he had Victim One take a portion of her clothing off during the meeting in his courthouse office. The Indictment alleges that Crabtree knew his statements to the FBI were false because Crabtree had taken those actions and engaged in that conduct.
Charges set forth in the indictment are merely accusations and do not constitute proof of guilt. Every defendant is presumed to be innocent unless and until proven guilty.
The case was investigated by the Federal Bureau of Investigation. The case is being handled by Assistant United States Attorney Hal Goldsmith.
Gladstone Man Sentenced for Marijuana Trafficking, Illegal FirearmsRead the Press Release
KANSAS CITY, Mo. – A Gladstone, Mo., man who was injured in a shoot-out when his drug-trafficking customers tried to rob him has been sentenced in federal court for his role in a conspiracy to distribute marijuana, including selling marijuana near a public school, and illegally possessing firearms.
Carreon L. Brown, 20, was sentenced by U.S. District Judge Greg Kays on Tuesday, April 19, to 11 years and six months in federal prison without parole.
On Aug. 4, 2021, Brown pleaded guilty to one count of conspiracy to distribute marijuana, one count of distributing marijuana within 1,000 feet of a school, and two counts of possessing a firearm in furtherance of a drug-trafficking crime.
Brown admitted that he participated in a conspiracy to distribute marijuana in Clay County, Mo., from Jan. 9, 2020, to Feb. 10, 2021. During that time, he was in possession of two firearms – a Glock .45-caliber handgun and a Glock 10mm handgun.
Undercover ATF agents purchased marijuana from Brown on several occasions. Three of those undercover purchases occurred in January 2020 at a residence near Golden Oaks Education Center, a public school for special education students. The investigation paused due to the COVID-19 public health crisis, and the agents did not conduct any additional undercover purchases in 2020.
When Brown met two individuals on Oct. 30, 2020, to sell marijuana, they attempted to rob him. Brown exchanged gunfire with one of the men as Brown fled. Both Brown and one of the customers sustained gunshot wounds during the exchange. During the investigation into that incident, Kansas City police officers found the Glock .45-caliber handgun in Brown’s apartment. According to court documents, the weapon was test-fired and entered into the National Integrated Ballistic Information Network (NIBIN), which revealed presumptive matches to multiple firearm incidents, including an aggravated assault on April 26, 2020; an aggravated assault on May 1, 2020; a homicide on June 26, 2020; an aggravated assault on Sept. 8, 2020; and recovered shell casings on Oct. 29, 2020.
Given renewed concern that Brown was involved in firearm violence in the Kansas City metropolitan area, an undercover ATF agent purchased marijuana from Brown on three more occasions in February 2021. On Feb. 10, 2021, law enforcement officers executed a search warrant at Brown’s apartment. Officers found the loaded Glock 10mm handgun with an extended magazine and ammunition. Officers also found 20.64 grams of marijuana, drug paraphernalia and $1,592 in cash.
This case was prosecuted by Assistant U.S. Attorney Byron H. Black. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Former U.S. Army Sergeant Sentenced for Bank FraudRead the Press Release
NEW ORLEANS, LOUISIANA – JOSHUA HOCKLESS, age 29, a resident of Belle Chasse, was sentenced to 27 months imprisonment and 3 years of supervised release by the Honorable Sarah S. Vance, announced U.S. Attorney Duane A. Evans. Also, the Court ordered HOCKLESS to pay a $100 mandatory special assessment fee and $138,859.21 in restitution to the United Services Automobile Association Federal Savings Bank (USAA).
According to court records, HOCKLESS was an Army Sergeant in the Headquarters Company, 377th Theater Sustainment Command, Naval Air Station Joint Reserve Base in Belle Chasse. HOCKLESS had a bank account at USAA and learned that USAA allowed service members to withdraw deposits before the funds formally cleared the issuing bank. Knowing this, HOCKLESS opened bank accounts at third-party banks with minimal funding, made online wire transfers from those banks to USAA, and withdrew the deposits from USAA before it detected that there were insufficient funds in the issuing bank account. HOCKLESS obtained approximately $36,119.47 as a result of these fraudulent transfers between his accounts. HOCKLESS then asked other enlisted personnel to open USAA and third-party bank accounts. The other enlisted personnel then shared with HOCKLESS, their online banking passwords. HOCKLESS used these passwords to make similar fraudulent transfers to their USAA accounts and instructed them when to withdraw the cash to split with HOCKLESS. These transfers resulted in approximately $102,739.74 being fraudulently withdrawn from USAA – approximately half of which ($51,369.57) was received by HOCKLESS.
U.S. Attorney Evans praised the work of the Army Criminal Investigations Command. The prosecution of this case is being handled by Assistant U.S. Attorney G. Dall Kammer, Chief of the General Crimes Unit.
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Former Postal Employee Sentenced for Delay of U.S. MailRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced the April 19, 2022 sentencing of MILES J. DUPERON, age 29, of Slidell, to one count of delay of U.S. Mail matter by postal employee, in violation of 18 U.S.C. ' 1703(a).
According to the bill of information, on or about July 2019 through January 21, 2020, MILES J. DUPERON unlawfully delayed U.S. mail, which was intended to be conveyed by mail.
U.S. District Judge Greg G. Guidry sentenced MILES J. DUPERON to one year probation and a mandatory $100 mandatory special assessment fee.
U.S. Attorney Evans praised the work of the United States Postal Service, Office of Inspector General in investigating this matter. Assistant United States Attorney M. Irene González is in charge of the prosecution.
Former NYPD Police Officer Sentenced to 97 Months' Imprisonment for Bribery and Drug Trafficking OffensesRead the Press Release
Earlier today, in federal court in Brooklyn, Robert Smith, a former New York City Police Department (“NYPD”) police officer, was sentenced by United States District Judge Rachel P. Kovner to 97 months of imprisonment for using interstate facilities to commit bribery and attempting to transport heroin. During the relevant period, Smith was a NYPD police officer assigned to the 105th Precinct in Queens, retiring in March 2020. Smith pleaded guilty to the charges in October 2021. Smith’s co-defendant, Heather Busch, also a former NYPD police officer, was sentenced in February 2022 to six months’ imprisonment, after pleading guilty in August 2021 to using interstate facilities to commit bribery. Another co-defendant, Robert Hassett, also a former NYPD police officer, pleaded guilty in October 2021 to conspiracy to violate the Travel Act and is awaiting sentencing.
Breon Peace, United States Attorney for the Eastern District of New York; Michael J. Driscoll, Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI); and Keechant L. Sewell, Commissioner, NYPD, announced the sentence.
“Corruption not only endangers the communities that police officers are sworn to serve, but it also corrodes the public’s trust in law enforcement and the criminal justice system. Robert Smith and his co-defendants were corrupt officers who sold out their badges for personal gain without regard for the betrayal and the harm they caused the NYPD and their fellow officers,” stated United States Attorney Peace. “For his crimes, Smith, self-described as ‘one of the most corrupt cops in the 105’, deservedly will spend years in prison. Today’s sentence should send a message that this Office, together with our law enforcement partners, will work diligently to investigate and prosecute corrupt public servants who exploit their positions of power for profit.”
“We have zero tolerance for corruption of any kind within the NYPD,” stated NYPD Commissioner Sewell. “We and our law-enforcement partners will continue to vigorously pursue corrupt public servants who exploit their positions for personal gain. In addition to eroding public trust in law enforcement, their disgraceful actions tarnish the reputation of the many thousands of police officers who honorably serve our communities each day.”
Smith engaged in several corrupt schemes to solicit and receive bribes while employed by the NYPD. Upon his retirement from the NYPD, Smith agreed to transport illegal drugs while armed with a gun in exchange for cash payments. In recordings obtained by the government during the investigation, Smith repeatedly referred to himself in criminal terms as, for example, “one of the most corrupt cops in the 105,” a “perp[] that got away,” and someone who, had he not been an NYPD officer, would have been “locked up so many times.”
The Tow Truck Scheme
Beginning in September 2016, NYPD Officers Smith and Hassett responded to automobile accidents by directing the damaged vehicles to a licensed tow trucking and automobile repair business (the “Business”) operated by an individual (the “Individual”), instead of using the NYPD’s Directed Accident Response Program (“DARP”), which requires NYPD officers to identify an appropriate licensed tow trucking business to respond to the scene of the automobile accident and remove the damaged vehicles from the scene. Smith and Hassett bypassed DARP and directed damaged vehicles directly to the Business in exchange for thousands of dollars in cash bribe payments. Smith and Hassett continued to participate in the scheme until at least June 2017.
In November 2019, Smith resumed his participation in the scheme and continued to steer vehicles damaged in automobile accidents to the Business in exchange for cash. Beginning in January 2020, Smith discussed his plan to recruit Busch to participate in the scheme in advance of his retirement from the NYPD. In March 2020, Busch, at Smith’s invitation, met with Smith and the Individual and agreed to participate in the scheme. Thereafter, Busch began steering vehicles damaged in automobile accidents to the Business in exchange for cash bribe payments, instead of utilizing DARP as required.
The Victim Database Scheme
Beginning in January 2020, Smith and Hassett obtained the names and identifying information of recent automobile accident victims from NYPD databases and provided that information to the Individual in exchange for cash. Smith and Hassett understood that the Individual would sell that information to physical therapy businesses and personal injury attorneys so that they could seek to solicit the automobile accident victims as customers.
Hassett accessed NYPD databases on numerous occasions in violation of NYPD regulations for the purpose of obtaining the names and identifying information of victims of automobile accidents. Hassett then arranged for that information to be delivered to the Individual, sometimes through Smith. In total, between January 2020 and March 2020, Smith and Hassett sold the names and identifying information of more than 100 victims to the Individual, in exchange for more than $7,000 in cash.
The Armed Drug Trafficking Scheme
Beginning in January 2020, Smith sought opportunities from the Individual to transport illegal narcotics, in exchange for payment, upon Smith’s retirement from the NYPD. In June 2020, Smith met with two undercover law enforcement officers posing as narcotics traffickers to discuss his interest in participating in a scheme to traffic drugs and told them he could carry a firearm and his retired NYPD identification while he was transporting the drugs. In July 2020, Smith met with a third undercover law enforcement officer and accepted a bag containing what Smith believed to be a kilogram of heroin. Smith transported the bag to a location in Queens where he delivered it to another undercover law enforcement officer in exchange for a payment of approximately $1,200 in cash.
The government’s case is being handled by the Office’s Public Integrity Section. Assistant United States Attorneys Ryan C. Harris and Nicholas J. Moscow are in charge of the prosecution.
The Defendants:
HEATHER BUSCH
Age: 35
Massapequa, New YorkROBERT HASSETT
Age: 37
Farmingville, New YorkROBERT SMITH
Age: 45
Plainview, New YorkE.D.N.Y. Docket No. 21-CR-254 (RPK)
Former Lynn District Court Assistant Chief Probation Officer Convicted of Sexually Exploiting a ChildRead the Press Release
BOSTON – A former Assistant Chief Probation Officer for Lynn District Court was convicted by a federal jury today of child exploitation offenses.
Brian Orlandella, 49, of Beverly, was convicted following a six-day jury trial of one count of sexual exploitation of a child and one count of transfer of obscene material to a minor. U.S. Senior District Court Judge Mark L. Wolf scheduled sentencing for Aug. 5, 2022. Orlandella was arrested and charged in December 2018 and subsequently indicted by a federal grand jury in January 2019.
In May 2018, a mother in Texas contacted local police about messages she found on her 13-year-old daughter’s cell phone between her daughter and an adult man, later identified as Orlandella. In the messages, sent via the Kik mobile application, Orlandella sent the victim images of himself masturbating and directed her to send him sexually explicit pictures and videos of herself. The victim told him she was 14-years-old and he acknowledged that he was much older than she was.
The Kik account’s IP address was traced to Orlandella’s residence. During a search of his residence, two of Orlandella’s phones were seized, one of which contained evidence tying Orlandella to the Kik account that was used to procure sexually explicit imagery from the victim. During an on-site interview at his home, Orlandella admitted that he had used Kik and was the person depicted in the obscene videos recovered from the victim’s phone.
The charge of sexual exploitation of children provides for a mandatory minimum sentence of 15 years and up to 30 years in prison, at least five years and up a lifetime of supervised release and a fine of $250,000. The charge of transfer of obscene material to a minor provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $150,000. Sentences are imposed by a federal district court judge based on the U.S. Sentencing Guidelines and other statutory factors.
United States Attorney Rachael S. Rollins and Matthew B. Millhollin, Special Agent in Charge of Homeland Security Investigations in Boston, made the announcement today. Valuable assistance was provided by the Port Neches (Texas) Police Department. Assistant U.S. Attorneys Anne Paruti, Chief of Rollins’ Major Crimes Unit and Adam W. Deitch, also of Rollins’ Major Crimes Unit prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ offices and CEOS, Project Safe Childhood marshals federal, state and local resources to locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.projectsafechildhood.gov.
Former Jacksonville Resident Sentenced to 3 Years in Federal Prison for Travel ScamRead the Press Release
Jacksonville, Florida – Senior U.S. District Judge Harvey E. Schlesinger today sentenced Juan Carlos Arteaga (58, Conroe, TX) to 3 years in federal prison for wire fraud. Arteaga had been released on bond but was remanded into custody shortly after today’s sentencing hearing. The Court also ordered Arteaga to pay $784,364 in restitution to his victims and entered a forfeiture order in the amount of $843,187, the proceeds of the charged criminal conduct. Arteaga had pleaded guilty on November 10, 2021.
According to court documents, from at least March 2018 through January 2019, Arteaga, a former resident of Jacksonville, held himself out as someone who could provide customers with heavily discounted travel arrangements for domestic and international travel. He acted as a travel agent for clients in Florida and throughout the United States. Despite operating as a de facto travel agent, Arteaga was not a licensed travel agent.
Arteaga solicited friends, business contacts, acquaintances, and referrals from those individuals to purchase sham travel arrangements from him, including but not limited to domestic and international airfare, hotel rooms, and tickets to amusement parks. Arteaga used some of the funds he obtained from victims to purchase travel arrangements for others, which delayed discovery of the scheme since it appeared that the money victims had paid was being used to purchase the travel they had requested. Arteaga also used some of the proceeds from the scheme for his personal enrichment, including paying his mortgage, short term loans, credit card and cable bills, grocery purchases, nursing home expenses, and withdrawing large amounts of cash.
Two of the victims of Arteaga’s scheme were his longtime friends P.C. and A.C. In 2018, P.C. and A.C. began talking to Arteaga about a trip around the world through Road Scholar, Explore the World by Private Jet. P.C. and A.C. had successfully booked other travel arrangements in the past with Arteaga and had vacationed with Arteaga and his wife numerous times. Arteaga said that the Road Scholar trip would cost approximately $100,000, but if P.C. and A.C. paid him by the next day, Arteaga could get them the trip for $60,000. Arteaga instructed A.C. and P.C. to pay him $20,000 broken into five check payments, and to wire the $40,000 balance to him. A.C. and P.C. wired $40,000 to Arteaga.
In August 2018, P.C. heard from some friends that their trips with Arteaga had not been booked. A.C. then called Road Scholar and learned that their trip had not been booked. Road Scholar also advised they did not provide any discounts, including to travel agents. After discovering the trip was a sham, A.C. and P.C. confronted Arteaga, who said he had not yet booked their trip yet because he was concerned about P.C.’s health. However, neither P.C. nor A.C. had raised P.C.’s health as a reason for delaying the Road Scholar trip and they were not interested in postponing the trip.
As with other victims of his scheme, Arteaga did not use any of the funds he had received from A.C. and P.C. toward any trip with Road Scholar. Instead, he used the money to make travel arrangements for other victims and for himself, as well as to repay other travel victims.
This case was investigated by the Florida Department of Agriculture and Consumer Services and the Federal Bureau of Investigation. It was prosecuted by Assistant United States Attorney Ashley Washington. The forfeiture was handled by Assistant United States Attorney Mai Tran.
Former Chairwoman of City of Austin Advisory Commission Indicted for Falsifying RecordsRead the Press Release
AUSTIN – Yesterday a federal grand jury in Austin returned an indictment charging a former chairwoman of a City of Austin advisory commission with conspiracy to misapply funds and falsify records, document falsification, and false statement offenses.
According to court documents, Jill Ramirez, 68, worked for an Austin-area nonprofit and served as the chair of a City advisory commission. In September 2015, Ramirez agreed to pay 10% of the value of federal grant proceeds from the nonprofit to Frank Rodriguez, the former executive director of the nonprofit and then a senior policy advisor to a city official. Afterwards Ramirez and Rodriguez entered into a “consulting agreement” in December 2015 so, as Rodriguez wrote, to address “any issue that someone might have that the payments are for navigator grant work” and to thereby disguise the 10% payment. Ramirez then paid Rodriguez $21,375 from the nonprofit between December 2015 and December 2016.
Rodriguez continued to work on the nonprofit’s behalf while a City employee by providing confidential City information to the nonprofit, recommending that the nonprofit receive continued City funding and undermining the nonprofit’s competitors for City funding.
In 2017, the Auditor’s Office for the City of Austin commenced an investigation into Rodriguez’s conduct. During an interview with investigators, Ramirez made false statements about the basis of the “consulting fees” paid to Rodriguez.
Ramirez is charged with one count of conspiracy to commit an offense against the United States; one count of falsification of records with intent to obstruct an investigation within the jurisdiction of the United States; and one count of false statements in a matter within the jurisdiction of the executive branch of the United States. She will have an initial court appearance at a date to be determined before a U.S. Magistrate Judge of the U.S. District Court for the Western District of Texas. If convicted, she faces up to five years in prison on both the conspiracy and false statement charges. She faces up to 20 years in prison on the falsification of records charge. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Frank Rodriguez, 71, of Dripping Springs was charged separately by a criminal information. On January 7, 2022, Rodriguez pleaded guilty to one count of conspiring to misapply federal funds and falsify records in an investigation within the jurisdiction of an agency of the United States. He is scheduled for sentencing on June 17, 2022 and faces a maximum penalty of five years in prison.
U.S. Attorney Ashley C. Hoff of the Western District of Texas and FBI Special Agent in Charge Oliver E. Rich Jr. made the announcement.
The FBI is investigating the case, with assistance from the Office of Inspector General for the United States Department of Health and Human Services.
Assistant U.S. Attorneys Gabriel Cohen and Alan Buie are prosecuting the case.
An indictment is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
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Former Brooklyn Supreme Court Justice Sentenced to 15 Months in Prison for Obstructing Federal Investigation of Misconduct at Municipal Credit UnionRead the Press Release
Damian Williams, United States Attorney for the Southern District of New York, announced that SYLVIA ASH, a former justice of the New York State Supreme Court and chair of the Board of Directors of Municipal Credit Union (“MCU”), was sentenced today in Manhattan federal court to 15 months in prison for conspiracy to obstruct justice, obstruction of justice, and making a false statement to a federal agent. These charges arose from a scheme to impede the federal criminal investigation into fraud and corruption at MCU, a non-profit, multibillion-dollar financial institution, including misconduct committed by Kam Wong, the former chief executive officer (“CEO”), and Joseph Guagliardo, a former New York City Police Department Officer and member of MCU’s Supervisory Committee. Wong and Guagliardo were charged separately and previously pled guilty to embezzlement from MCU. ASH was convicted in December 2021 after a two-week jury trial before U.S. District Judge Lewis A. Kaplan, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “While serving as a sitting state judge, Sylvia Ash took repeated steps, over multiple months, to seek to obstruct the federal criminal investigation into misconduct at MCU that took place during Ash’s tenure as chair of its Board of Directors. Ash agreed to do so with the now imprisoned former CEO of the credit union, who provided her with a steady stream of benefits from MCU, including after she was directed to resign from MCU’s board. Today’s sentence sends a clear message that those who attempt to thwart a federal investigation face serious consequences for that corrosive conduct.”
In pronouncing the sentence, Judge Kaplan said ASH’s “crimes struck at the heart of the criminal justice system.”
According to the Complaint, Indictment, Superseding Indictment, publicly available information, court filings, and evidence presented during the trial in Manhattan federal court:
Municipal Credit Union
MCU is a non-profit financial institution headquartered in New York, New York, which is federally insured by the National Credit Union Administration (“NCUA”). MCU is the oldest credit union in New York State and one of the oldest and largest in the country, providing banking services to more than 590,000 members, and with more than $4.2 billion in member accounts, each of which is insured for at least $250,000 by the National Credit Union Share Insurance Fund, which is administered by the NCUA. Membership in MCU is generally available to employees of New York City and its agencies, employees of the federal and New York state governments who work in New York City, and employees of hospitals, nursing homes, and similar facilities located within New York State.
At all relevant times, MCU was overseen by a Board of Directors (the “Board”) and a Supervisory Committee, each of which was composed of members of MCU, who were not supposed to be compensated. As a result of severe deficiencies in the Board’s and the Supervisory Committee’s oversight of the credit union, which came to light in connection with the federal investigation, the New York Department of Financial Services (“DFS”) removed the members of the Supervisory Committee in May 2018 and the Board in June 2018. Subsequently, DFS appointed NCUA as the conservator for the credit union. In or about February 2022, MCU successfully emerged from conservatorship under new leadership.
ASH
ASH served as a judge in the New York State court system from approximately 2006 through March 2022, first as a Kings County Civil Court Judge, and then, starting in 2011, as a Kings County Supreme Court Justice. In or about January 2016, ASH was appointed as the presiding judge in the Kings County Supreme Court’s Commercial Division. After the charges in this case were unsealed, ASH was suspended from her position. In or about March 2022, after ASH was convicted, she vacated her judicial office.
ASH served on MCU’s Board from in or about May 2008 until on or about August 15, 2016, when she resigned. From in or about May 2015 until her resignation, ASH served as the chair of the Board. ASH resigned after a complaint was filed against her by the New York State Commission on Judicial Conduct arising from a conflict of interest between her position as a state judge and her membership on MCU’s Board. More than a year before her resignation, ASH had been instructed to resign from MCU’s Board by the Advisory Committee on Judicial Ethics, which instruction she disregarded.
From at least in or about 2012 through 2016, while serving as an MCU Board member and while Wong was CEO, ASH received annually tens of thousands of dollars in reimbursements and other benefits from MCU, many of which were personal in nature, and not business-related, including airfare, hotels, food and entertainment expenses for her and a guest to attend conferences both domestically and abroad, annual birthday parties at a minor league baseball stadium, payment for phone and cable bills, and electronic devices. Even after her resignation from the Board, Wong continued to provide or cause MCU to provide ASH with benefits, such as Apple devices and sports tickets. As a sitting state judge, ASH was required to report both her board service and gifts and benefits she received from any outside sources on an annual state disclosure form. But between at least 2012 and 2018, ASH never reported her board service nor any gifts or benefits from MCU.
ASH’s Obstruction of Justice
In January 2018, after Wong, MCU’s then-CEO, had been approached by federal law enforcement agents investigating apparent financial misconduct by Wong, in an attempt to protect Wong, ASH agreed to and did sign a false and misleading memorandum purporting to explain and justify millions of dollars Wong had received from MCU. Wong subsequently provided that false and misleading memorandum to federal agents in an attempt to demonstrate that the millions of dollars had purportedly been orally approved for him to receive by ASH in June 2015, when she was chair of the Board. However, in truth, neither ASH nor the Board had approved the payment of those funds.
On March 1, 2018, shortly after Wong was placed on administrative leave by MCU, ASH was interviewed about the memorandum she signed for Wong. During that interview, ASH admitted that the memorandum was not accurate, but attempted to justify the money that Wong received by stating that MCU’s then-current general counsel had told her that Wong’s employment contract gave him the option of receiving such money. That statement was false.
On March 13, 2018, ASH was served with a federal grand jury subpoena (the “First Subpoena”), which required the production of documents related to various matters, including Wong’s compensation, and any communications with Wong through the date of the First Subpoena. On April 6, 2018, during a telephonic interview with a federal agent, ASH falsely stated that she did not have any materials responsive to the First Subpoena.
On June 8, 2018—after Wong was charged with embezzlement from MCU and the Government executed a judicially-authorized search of the residence of Guagliardo—ASH was interviewed by telephone for a second time about the First Subpoena. During that interview, ASH again falsely stated that she did not have any materials responsive to the First Subpoena.
On June 18, 2018, ASH was served with a second federal grand jury subpoena (the “Second Subpoena”), which required the production of, among other things, all correspondence with Wong and Guagliardo; all documents regarding any criminal investigation, internal investigation, or audit related to Wong; and all documents regarding items of value ASH received from MCU, Wong, or Guagliardo. Shortly afterward, ASH went to an Apple store and wiped an iPhone X that Wong had provided her in January 2018. In addition, ASH deleted emails from her Gmail account, including all of her emails with Guagliardo, none of which she produced in response to either of the two federal grand jury subpoenas directed to her. ASH also later wiped two MCU-issued iPads she had received.
On July 6, 2018, on ASH’s behalf, her then-counsel produced materials to the Government in response to the Second Subpoena. This production was materially incomplete, and did not contain text messages, emails, and other documents ASH possessed or had under her custody or control that were responsive to the Second Subpoena.
On July 9, 2018, ASH attended a voluntary interview with the U.S. Attorney’s Office. During this interview, while accompanied by her then-counsel, ASH made multiple false statements, including repeating false statements regarding her purported conversations with MCU’s former general counsel about Wong’s receipt of cash payments and falsely claiming that she and her aunt took a trip to Las Vegas paid for by MCU, including airfare, lodging, and entertainment expenses, after she resigned because all of her travel arrangements were paid for by MCU before she resigned, when in truth all of the expenses were paid for after she resigned.
On or about October 11, 2019, ASH was arrested, and her cellphone was seized. After obtaining a judicially authorized search warrant, ASH’s phone was searched, which revealed, among other things, numerous text messages, including with Wong and Guagliardo, that were concealed in response to the First and Second Subpoenas.
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In addition to her prison term, ASH, 64, of Brooklyn, New York, was sentenced to a $80,000 fine, and two years of supervised release, including a special condition of twenty hours of community service per week while on supervised release. The court reserved the decision on restitution to MCU.
On June 4, 2019, Wong was sentenced to 66 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $9,890,375 and to pay restitution in the same amount to MCU.
On July 23, 2020, Guagliardo was sentenced to 27 months’ imprisonment for embezzlement from MCU and was ordered to forfeit $425,514 and to pay $468,189 in restitution to MCU.
U.S. Attorney Williams praised the outstanding work of the Special Agents of the United States Attorney’s Office. Mr. Williams also thanked the New York County District Attorney’s Office and DFS for their assistance.
The case is being handled by the Office’s Public Corruption Unit. Assistant U.S. Attorneys Eli J. Mark, Daniel C. Richenthal, and Jonathan Rebold are in charge of the prosecution, with the assistance of Special Assistant U.S. Attorney Alona S. Katz from the New York County District Attorney’s Office.
Former Associate and Trap House Landlord of New Bedford Latin Kings Chapter Pleads Guilty to Racketeering and Drug ConspiracyRead the Press Release
BOSTON – A former associate of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings), and owner of multiple apartment buildings utilized by the Latin Kings, commonly referred to as “trap houses,” pleaded guilty yesterday to racketeering and drug charges.
Robert Avitabile, a/k/a “Bobby,” 41, pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy, and conspiracy to manufacture and distribute cocaine and cocaine base (crack cocaine). U.S. Senior District Court Judge Rya W. Zobel scheduled sentencing for Aug. 10, 2022.
The Latin Kings in New Bedford ran a vast cocaine base distribution network that used multi-unit apartment buildings known as “trap houses” to distribute narcotics. Members of the Latin Kings dealt drugs in the trap houses, obtaining their supply of crack cocaine from the Chapter leader, Jorge Rodriguez, a/k/a “King G.” As detailed in court filings in the case, evidence developed during the investigation included multiple recordings of Rodriguez cooking crack cocaine at the trap houses, directing violence against rival gang members, meting out discipline and handling firearms used to protect the Latin Kings’ drug distribution network.
Avitabile owned multiple apartment buildings in New Bedford referred to as a “trap houses” and rented them to the Latin Kings, knowing that they would be used by the gang as locations where drugs would be dealt, and otherwise serve as centers of power for the gang. Despite the fact that police searched the rental units controlled by the Latin Kings dozens of times, Avitabile continued to rent the units to the gang. Court documents also described recordings and interceptions made of Avitabile coordinating with Jorge Rodriguez on arrangements including payment of rent by Latin Kings members, placement of Latin Kings members in certain apartment units and investment of Rodriguez’s drug proceeds into real estate.
Avitabile rented the apartment units to Latin Kings members, knowing that they would be used to sell, store and manufacture drugs. Through Avitabile’s association with the Latin Kings and Rodriguez, the Latin Kings used the apartment buildings to facilitate their campaign of street violence, drug dealing and otherwise control the neighborhood.
Pursuant to the terms of the plea agreement, Avitabile has agreed to forfeit proceeds from the sale of three apartment buildings in New Bedford, which were historically used by the Latin Kings.
In December 2019, a federal grand jury returned an indictment alleging racketeering conspiracy, drug conspiracy and firearms charges against 62 leaders, members and associates of the Latin Kings. Avitabile is the 57th defendant to plead guilty in the case.
The RICO conspiracy charge provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000. Depending on the drug quantity, the drug trafficking conspiracy and distribution charges provide for a sentence of up to 20 years, 40 years or life in prison; a minimum of three, four or five years of supervised release; and fines of $1 million, $5 million and $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.
The United States Attorney’s Office for the District of Massachusetts; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Commissioner Carol Mici of the Massachusetts Department of Correction; and New Bedford Police Chief Joseph C. Cordeiro made the announcement. Valuable assistance was also provided by the FBI North Shore Gang Task Force and the Bristol County and Suffolk County District Attorney’s Offices. Assistant U.S. Attorney Philip A. Mallard of the Organized Crime & Gang Unit is prosecuting the case.
This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Federal Jury Finds Ohio Man Guilty in Connection with Destructive Devices Found on Tug BoatsRead the Press Release
CHARLESTON, W.Va. – After a two-day trial, a federal jury convicted an Ohio man of all four counts in a federal indictment charging him in connection with pipe bombs found on tugboats on the Ohio River.
Law enforcement officers recovered the destructive devices from two different tugboats moving barges on the Ohio River on October 21 and October 25, 2021. Evidence at trial revealed Nathaniel Blayn Becker, 42, of Marietta, Ohio, appeared on security video purchasing pipes and other relevant components of the devices from a Lowe’s store in Marietta on four separate occasions and close in time to when the devices were found. Around the time of the first incident, exterior security video from Lowe’s and the Walmart in Marietta showed Becker carrying pipe bomb components toward an Ohio River bridge. Investigators believe the destructive devices were dropped from the bridge.
Becker was found guilty of two counts of possession of an unregistered destructive device and two counts of placement of a destructive device on a vessel. He is scheduled to be sentenced on August 18, 2022, and faces up to 60 years in prison.
The jury also heard that similar devices were discovered on a third tugboat moving barges on the Ohio River on October 26, 2021. However, those devices were found to contain non-explosive septic tank cleaner and therefore Becker was not charged.
Becker was on probation at the time of the offense, following his August 2020 conviction in the Washington County, Ohio, Court of Common Pleas for failure to comply with an order or signal of a police officer. Becker had brandished a knife at an officer during a traffic stop and then led police on a car chase before barricading himself in his residence. Becker was arrested after a stand-off that ended when police forced entry into the home.
“We are fortunate that no one was injured. Such senseless potential for harm and destruction clearly required decisive action,” said United States Attorney Will Thompson in making the announcement. “The swift and successful investigation by the law enforcement agencies involved absolutely prevented this situation from becoming worse, and I commend them. I applaud Assistant United States Attorneys Joshua C. Hanks and Nick Miller, along with their trial team, for securing the guilty verdict.”
Thompson also thanked Lowe’s, Walmart and the tugboat owners – Crounse Corporation, Campbell Transportation Company and Marathon Petroleum Corp. – for their extensive cooperation in the case as well.
United States District Judge Irene C. Berger presided over the jury trial. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) conducted the investigation with assistance from the Federal Bureau of Investigation (FBI), the West Virginia State Police, the U.S. Coast Guard, the Parkersburg Police Department, the Wood County Sheriff’s Department and the Washington County, Ohio, Sheriff’s Office.
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-00234.
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Federal Jury Convicts Big Island Pain Doctor Rudolph B. Puana of Conspiracy and Distribution of Oxycodone and FentanylRead the Press Release
Special Attorneys Michael Wheat (619) 546-8437, Joseph Orabona (619) 546-7951, Janaki Chopra (619) 546-8817, Colin McDonald (619) 546-9144, and Andrew Chiang (619) 546-8756
NEWS RELEASE SUMMARY – April 20, 2022
HONOLULU, Hawaii – A federal jury has found former Big Island pain doctor Rudolph B. Puana guilty of all 38 counts of an indictment charging him with conspiracy to distribute oxycodone and fentanyl and distribution of oxycodone and fentanyl outside the course of professional practice and without a legitimate medical purpose. Immediately following the jury’s verdict, Chief District Judge J. Michael Seabright ordered Puana to be remanded into custody.
Following a three-week trial, the jury deliberated for less than one day and convicted Puana of distributing substantial quantities of oxycodone, a Schedule II controlled substance, to his close friends to sell to pay for tuition at one of the most expensive private schools in the State of Hawaii and to purchase cocaine. The jury also found that Puana provided another friend with oxycodone and fentanyl to pay for cocaine they used to party together on Oahu. Prior to the jury trial, Puana pleaded guilty to being an addict in possession of approximately seven firearms. At the guilty plea hearing on March 28, 2022, Puana admitted that between 2014 and 2018 he was addicted to hydrocodone, a Schedule II controlled substance, while possessing the seven firearms, which included handguns, rifles, and a shotgun.
During the trial, the United States proved that Puana used cocaine with his friends and introduced his best friend to Puana’s “trinity”—cocaine, opioids, and alcohol—which combined to prolong and even out the “high.” Puana also popped hydrocodone pills—which he referred to as his “skittles”—in front of one of his friends. Puana said he obtained his “skittles” from the “doctor’s candy store.” Puana also left his script pad with his best friend and falsified medical records to legitimize a medical purpose for the substantial amount of oxycodone he provided to his friends. While addicted and abusing drugs, Puana distributed more than 7,810 oxycodone 30mg pills to his friends so that they could sell them to pay for tuition and cocaine. The street value of the oxycodone he supplied to his friends exceeded $117,000.
To conceal his crimes, Puana fabricated handwritten medical records for his closest friends, which included false drug tests. During their testimony, Puana’s friends admitted that Puana was not their pain doctor and that they had never gone to his clinic (previously the Puana Pain Clinic) for any medical visits, even though Puana falsely documented that they were examined there. In addition to falsifying the clinic’s files, Puana also kept a secret notebook hidden in the clinic’s drug closet. The notebook was handwritten by Puana to cover up his multi-year addiction to hydrocodone.
“The unlawful diversion of prescription drugs is one of the most serious problems plaguing our communities, and it is fueling the opioid epidemic that is ravaging families across the country,” said U.S. Attorney Randy S. Grossman. “The conviction of a pain doctor abusing his power and position to distribute highly addictive and dangerous oxycodone and fentanyl sends a strong message to any medical professional acting outside the regular course of practice and prescribing opioids without a legitimate medical need.”
“Today’s guilty verdict is a testament that no doctor should use his license to unlawfully distribute controlled substances and falsify medical records to conceal his crimes,” said FBI Special Agent in Charge Steven Merrill. “The FBI will continue to work with our partners to hold those who abuse their positions of trust accountable, and to protect the public.”
During trial, the prosecution relied on a multitude of documentary evidence, including Puana’s false clinic files, Puana’s handwritten notebook, pharmacy records, text messages, and other business records, as well as the testimony of Puana’s closest friends, federal agents, a forensic accountant, a medical expert, and police officers, among others, to prove Puana intentionally distributed oxycodone and fentanyl outside the usual course of professional practice and without a legitimate medical purpose.
Chief District Judge Seabright of the District of Hawaii, who presided over the trial, set sentencing for Rudolph B. Puana on September 12, 2022, at 1:30 p.m.
U.S. Attorney Grossman praised prosecutors Michael Wheat, Joseph Orabona, Colin McDonald, Janaki Chopra, and Andrew Chiang, and FBI agents in Honolulu for their excellent work on this case.
DEFENDANTS Case Number: CR 19-00015 JMS-WRP
Rudolph B. Puana Age: 50 Waimea, Hawaii
SUMMARY OF CONVICTIONS
Count 1 – Conspiracy to Distribute or Dispense Oxycodone and Fentanyl – Title 21, U.S.C., Sections 841(a)(1) and 846
Maximum Penalty: Twenty years in prison, $250,000 fine.
Counts 3-38 – Distributing or Dispensing Oxycodone – Title 21, U.S.C., Section 841(a)(1)
Maximum Penalty: Twenty years in prison per count, $250,000 fine per count.
Count 39 – Distributing or Dispensing Fentanyl – Title 21 U.S.C., Section 841(a)(1)
Maximum Penalty: Twenty years in prison, $250,000 fine
Count 54 – Unlawful Possession of Firearm While Addicted to Controlled Substance – Title 18, U.S.C. Section 922(g)(3)
Maximum Penalty: Ten years in prison, $250,000 fine
AGENCY
Federal Bureau of Investigation
Honolulu Division
Federal Indictment Returned Against Former State Correctional Officers for Drug-Related OffensesRead the Press Release
FLORENCE, SOUTH CAROLINA — A federal grand jury in Florence has returned an indictment in connection with drug-related charges against two former correctional officers with the South Carolina Department of Corrections (SCDC).
Specifically, Joseph Corey Bailey, Jr., 29, and Xavier Kaseem Capers, 28, both of Ridgeland, were charged with conspiring to distribute at least 50 grams of methamphetamine and possession with intent to distribute at least 50 grams of methamphetamine. Bailey and Capers were correctional officers at SCDC’s Ridgeland Correctional Institution when SCDC staff located approximately 400 grams of methamphetamine inside the prison located in a bag previously handled by the two men.
“We work routinely with our partners at SCDC and DEA to ensure that there is no safe harbor for those violating federal laws in South Carolina,” said U.S. Attorney Corey F. Ellis. “This office will investigate and prosecute federal crimes regardless of who commits those crimes.”
“Correctional officers who break the public trust need to be held accountable,” said Bryan Stirling, Director of SCDC. “We are grateful to our partners for their hard work in this case.”
“Correctional officers are held to a higher standard and are entrusted to ensure a safe environment by supervising inmate behavior and enforcing regulations such as keeping contraband - in this case “meth” - out of prisons,” said Robert J. Murphy, Special Agent in Charge of the DEA Atlanta Field Division. “It is alleged that these officers chose to violate their oath by allowing illicit drugs to enter a prison. If so, they will be held accountable for their actions. DEA would like to thank its law enforcement partners who made this case a success.”
Bailey and Capers each face a mandatory minimum penalty of 10 years in federal prison if convicted.
The case was investigated by the DEA and SCDC. Assistant U.S. Attorney Justin Holloway is prosecuting the case.
The United States Attorney stated that all charges in the indictment are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
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Fort Washakie Man Charged with Assault by StrangulationRead the Press Release
United States Attorney Bob Murray announced today that DARWIN JAMES BROWN, 56, of Fort Washakie, Wyoming, was charged with assault by strangulation. Brown appeared for an arraignment hearing on April 5, 2022, before Federal District Court Magistrate Judge Kelly H. Rankin and pleaded not guilty to the charges. A trial has been set for June 6, 2022.
Brown faces up to 10‑years’ imprisonment, three years of supervised release, up to a $250,000 fine, and a $100 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This crime is being investigated by the Federal Bureau of Investigation. Assistant United States Attorney Jonathan C. Coppom is prosecuting the case.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Case No. 22-CR-00036
Erie Felon Charged with Illegally Possessing A Firearm while Subject to a PFARead the Press Release
ERIE, Pa. - A former resident of Erie, Pennsylvania has been indicted by a federal grand jury in Erie on charge of violating federal firearms laws, United States Attorney Cindy K. Chung announced today.
The two-count Indictment named Dustin Robert Patterson, 29, as the sole defendant.
According to the Indictment presented to the court, in and around February 2022, Patterson possessed a firearm while being a convicted felon. Federal law prohibits an individual who has been convicted of a felony from possessing a firearm. In addition, the firearm was possessed while Patterson was subject to a Protection From Abuse order.
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 prevent and reentry programs for lasting reductions in crime.
The law provides for a maximum total of 20 years in prison, a fine of $500,000 or both. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Marshal’s Service conducted the investigation leading to the Indictment in this case.
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
El Salvadoran National Sentenced to Illegal Re-Entry of a Deported Alien Previously Convicted of a FelonyRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced the April 19, 2022 sentencing of HECTOR RODRIGUEZ-RODRIGUEZ, age 55, for the charge of reentry of a deported alien previously convicted of a felony, in violation of 8 U.S.C. § 1326(a) and (b)(2).
According to the bill of information, HECTOR RODRIGUEZ-RODRIGUEZ, unlawfully reentered the United States after having been deported on October 27, 1992.
U.S. District Judge Jay C. Zainey sentenced HECTOR RODRIGUEZ-RODRIGUEZ to a term of imprisonment of eighty-seven months, a term of supervised release of three years, and a mandatory $100 special assessment fee.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security in investigating this matter. Assistant U.S. Attorney M. Irene González is in charge of the prosecution.
District of Columbia Man Sentenced to Four Years in Prison for Possessing Child PornographyRead the Press Release
WASHINGTON –Thomas Keelen, 53, of Washington, D.C., has been sentenced to four years in prison after earlier pleading guilty to a federal charge of possessing child pornography.
The announcement was made by U.S. Attorney Matthew M. Graves, Wayne A. Jacobs, Special Agent in Charge of the FBI Washington Field Office’s Criminal Division, and Robert J Contee III, Chief of the Metropolitan Police Department.
Keelen pleaded guilty in August 2021, in the U.S. District Court for the District of Columbia. He was sentenced yesterday by the Honorable Paul L. Friedman. Upon completion of his prison term, Keelen will be placed on 10 years of supervised release. He will also be required to register as a sex offender following his release from prison.
According to the government’s evidence, law enforcement received a series of eight Cybertips from the National Center for Missing and Exploited Children that indicated that Keelen was using email accounts to transfer and transport child pornography. The eight Cybertips contained over 2,000 files, a portion of which depicted young boys being sexually abused by adult men. In December of 2020, law enforcement executed a search warrant at Keelen’s home in Southeast Washington. Digital devices recovered during the search of Keelen’s home contained videos and images depicting the sexual exploitation of children as young as eight years old.
Keelen was arrested on Dec. 2, 2020, 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, Special Agent in Charge Jacobs, and Chief Contee 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 MPD’s Youth Investigations Division. They also commended the work of Assistant U.S. Attorney Amy E. Larson, who prosecuted the case.
Detroit Man Convicted of Fraud and Gun OffensesRead the Press Release
DETROIT – A Detroit man pleaded guilty to charges of being a felon in possession of a firearm, wire fraud, and aggravated identity theft, United States Attorney Dawn N. Ison announced today.
Ison was joined in the announcement by Special Agent in Charge James A. Tarasca of the FBI’s Detroit Division.
Pleading guilty was Damon Long, 25. Long is scheduled to be sentenced on August 16, 2022 before United States District Judge Victoria Roberts.
According to court records, Long was a member of a violent street gang, the Glock Boyz. The Glock Boyz have perpetrated acts of violence against rival gangs and have been victims of such violence. In May 2021, the FBI executed a search warrant at Long’s residence in Detroit and seized two of Long’s loaded pistols. Agents also seized evidence that Long engaged in wire fraud by submitting false applications for federal Unemployment Insurance (UI) benefits. Long, who is a convicted felon, admitted illegally possessing the pistols during his plea hearing. Long also admitted that he fraudulently submitted UI claims in the names of more than 10 people and received more than $300,000 in proceeds from this fraud.
“This case is an example of how we will use every tool available to target violent offenders and remove them from our communities,” stated U.S. Attorney Ison.
“Damon Long defrauded the State of California of more than $300,000 by filing for unemployment insurance benefits in the names of dozens of identity theft victims. We will continue to work with our law enforcement partners and state workforce agencies to safeguard the integrity of unemployment insurance benefit programs," said Irene Lindow, Special Agent-in-Charge, Chicago Region, U.S. Department of Labor Office of Inspector General.
Special agents from the FBI’s Violent Gang Taskforce and the Department of Labor investigated this case. The case is being prosecuted by Assistant United States Attorneys assigned to the United States Attorney’s Office’s Violent & Organized Crime Unit.
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.
Delaware County Man Pleads Guilty to Sexual Exploitation of a Child, Distribution of Child Pornography and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Jeremie Hoyt, age 42, of Davenport, New York, pled guilty today before Senior United States District Judge Thomas J. McAvoy to two counts of sexual exploitation of a child, two counts of distribution of child pornography, and one count of possession of child pornography announced United States Attorney Carla B. Freedman, Matthew Scarpino, Acting Special Agent in Charge, Homeland Security Investigations (HSI) and New York State Police Superintendent Kevin P. Bruen.
Hoyt, who remains detained pending his sentencing scheduled for August 24, 2022, faces at least 15 years and up to 110 years imprisonment on the charges, and a fine of up to $250,000. The Court must also impose a term of supervised release of between 5 years and life, and Hoyt will be required to register as a sex offender as a result of this conviction. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
As part of his guilty plea, Hoyt admitted that he used a child to engage in sexually explicit conduct for the purpose of producing visual depictions of that conduct, and that in August of 2019 he produced a sexually explicit photograph of the child, and in November 2020 he produced a sexually explicit video of the same child. Hoyt further admitted that he later distributed the sexually explicit image and video over the Internet to other users on a messaging application and that he still possessed the sexually explicit image and video on his iPad when law enforcement searched his home in April 2021.
Hoyt’s case was investigated by U.S. Homeland Security Investigations (HSI), Investigators of the New York State Police, Computer Crimes Unit (CCU), and the Delaware County District Attorney’s Office. The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney's offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), and is designed to marshal federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Defendants Receive Sentences Totaling 30+ Years in Federal Prison on Drug Trafficking and Firearms ChargesRead the Press Release
SHREVEPORT, La. - United States Attorney Brandon B. Brown announced that three defendants were sentenced in U.S. District Court yesterday for drug trafficking and firearms violations.
Christopher Antrell Bernard, 43, of Shreveport, was sentenced by United States District Judge Elizabeth E. Foote to 262 months in prison, followed by 5 years of supervised release for possession of a firearm in furtherance of drug trafficking. In addition, Bernard was found guilty of violating his probation and was sentenced to an additional 37 months in prison. Bernard’s total sentence today was 299 months (24 years, 11 months) in prison.
On May 6, 2020, officers with the Shreveport Police Department initiated a traffic stop of a vehicle being driven by Bernard and he was the sole occupant of the vehicle. As he exited the vehicle, officers observed a handgun in plain view between the console and driver’s seat. Officers searched Bernard’s vehicle and found individual baggies containing approximately 76 grams of marijuana and a scale. The firearm which was in plain view was found to be a loaded 9mm pistol. At the time of Bernard’s arrest, he was on supervised release after receiving an Executive Grant of Clemency signed by President Barack Obama on January 19, 2017 commuting his sentence. Bernard was previously sentenced in federal court on March 31, 2009 to 240 months in prison for distribution of cocaine.
The case was investigated by the ATF and Shreveport Police Department and was prosecuted by Assistant U.S. Attorney Robert F. Moody.
In a separate case, Chief United States District Judge S. Maurice Hicks, Jr. sentenced Bennie Sylvester Epps, 32, of Zwolle, Louisiana, to 66 months (5 years, 6 months) in prison, followed by 5 years of supervised release. Epps pleaded guilty on December 14, 2021 to one count of possession of marijuana with intent to distribute and one count of possession of a firearm in furtherance of drug trafficking.
On July 21, 2020, agents with the Sabine Parish Tactical Narcotics Team made a traffic stop on a vehicle for having a shattered windshield. Upon stopping, the driver exited the vehicle and fled the scene and agents were unable to locate him. Moments later, an individual later determined to be Epps, exited from the rear of the same vehicle carrying a black duffel bag and fled. During the pursuit, Epps tossed the bag as he ran but he was soon apprehended. The duffel bag was recovered and found to contain marijuana and other drug paraphernalia. Agents also recovered a loaded handgun near the bag.
The case was investigated by the ATF and Sabine Parish Tactical Narcotics Team and prosecuted by U.S. Attorney Brandon B. Brown.
In another case, United States District Judge Donald E. Walter sentenced Nicholas J. Bryant, 21, of Shreveport, to 46 months (3 years, 10 months) in prison, followed by 2 years of supervised release. Bryant pleaded guilty on January 19, 2022 to being a prohibited person in possession of a firearm.
Following a July 4, 2021 shooting, agents with the Bureau of Alcohol, Tobacco, Explosives and Firearms (ATF) Task Force located Bryant and read him his Miranda warnings. In questioning him following the arrest, Bryant admitted to agents that he had a gun his car. Agents searched the vehicle and found a 9mm pistol with an extended magazine containing 25 rounds of ammunition. Bryant was previously convicted of domestic abuse battery in the First Judicial District Court in Caddo Parish, Louisiana in 2021. This conviction prohibited Bryant from possessing any firearm or ammunition.
The case was investigated by the ATF and Shreveport Police Department and was prosecuted by Assistant U.S. Attorney Robert F. Moody.
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Defendant Who Ordered Fentanyl Through SnapChat Sentenced to PrisonRead the Press Release
ABINGDON, Va. – A Marion, Virginia man, who ordered hundreds of fentanyl-laced pills through Snapchat from a supplier in California, was sentenced yesterday to 42 months in federal prison.
Kobe Malik Woods, 19, pleaded guilty in January to one count of possession with the intent to distribute more than 40 grams of fentanyl.
“Throughout the Commonwealth of Virginia and across the nation, individuals are struggling with substance abuse disorder, a disease fueled by those who profit from addiction,” United States Attorney Christopher R. Kavanaugh said today. “Fentanyl-laced pills pose a significant risk of death to anyone who ingests them, and my Office will continue to bring individuals to account for trafficking these deadly drugs in our communities.”
“Our mission is to protect the American people. This includes doing our part working with our local and federal law enforcement partners to identify and arrest those responsible for introducing these pills, or any illicit drug, into our communities,” said Stanley M. Meador, Special Agent in Charge of the FBI’s Richmond Division.
According to court documents, in early 2021, law enforcement began investigating a flood of illegal pill distribution in Smyth County, Virginia, and soon identified multiple people who were involved. As part of the investigation, law enforcement intercepted a parcel shipped from California and addressed to Woods’s residence that contained approximately 800 fentanyl pills.
Although they resembled pharmaceutical-grade oxycodone-hydrochloride pills, the intercepted pills were inconsistent in size, shape, and color, indicating that they were counterfeit pills. Pills of this type are sometimes referred to as “Roxicodone,” “pressed,” or “M30” pills. The pills often have an imprint of an “M” on one side and a “30” on the other side.
In June of 2021, law enforcement executed a controlled delivery of the parcel to Woods’s home in Marion, Virginia. While conducting surveillance on the residence, investigators observed a woman retrieve the package and take it inside the home. When investigators executed a search warrant at the home, Woods attempted to escape with the opened parcel in his hands but was captured a short distance away.
The Smyth County Sheriff’s Office, the U.S. Postal Inspection Service, the U.S. Postal Service—Office of the Inspector General, and the Federal Bureau of Investigation investigated the case.
Assistant U.S. Attorney Whit D. Pierce prosecuted the case.
Cumberland County Man Charged with Threatening President Biden and Former President TrumpRead the Press Release
HARRISBURG – The United States Attorney’s Office for the Middle District of Pennsylvania announced today that Mohamed Farah, age 32, of Cumberland County, Pennsylvania, was indicted by a federal grand jury for threatening the President and a former President.
According to United States Attorney John C. Gurganus, the indictment alleges that in January 2022, Farah, who is a citizen of Somalia, threatened to assassinate President Biden. The indictment further alleges that Farah threatened to assassinate former President Trump if he runs for reelection.
The case was investigated by the U.S. Secret Service, the Federal Bureau of Investigation, and the Lower Allen Township Police Department. Assistant U.S. Attorney Carlo D. Marchioli is prosecuting the case.
The maximum penalty under federal law for each of the charged offenses is five years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Council Bluffs Man Sentenced to Federal Prison for Child Pornography OffenseRead the Press Release
COUNCIL BLUFFS, IA – Luke Alric Forman, age 31, of Council Bluffs, was sentenced Thursday April 14, 2022, in federal court to 210 months in prison for Receipt of Child Pornography. His term of imprisonment will be followed by five years of supervised release. According to court documents, Forman pleaded guilty to the offense on December 16, 2021.
The Council Bluffs Police Department initiated an investigation after they received a CyberTip from the National Center for Missing and Exploited Children in which ten videos of child pornography were uploaded using KIK messenger. The CyberTip was linked to Forman’s residence in Council Bluffs. A search warrant was executed at Forman’s home and a cellular phone was seized. A forensic examination was completed on the cellular phone and revealed Forman had distributed, received, and possessed images and videos of child pornography and engaged in numerous conversations about this activity using KIK messenger.
U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. This matter was investigated by the Council Bluffs Police Department, with assistance from the United State Secret Service National Computer Forensics Institute, which provided training and equipment.
Convicted Felon Sentenced to Almost Four Years for Firearms Offenses Following Dangerous Car Chase in Fairmount Section of PhiladelphiaRead the Press Release
PHILADELPHIA – United States Attorney Jennifer Arbittier Williams announced that Demetrius Wilson, 30, of Philadelphia, PA, was sentenced to 3 years and 10 months in prison, and three years of supervised release by United States District Court Judge Paul S. Diamond for a firearms offense which stemmed from a dramatic and perilous flight from Philadelphia Police.
In September 2021, the defendant pleaded guilty to possession of a firearm by a convicted felon. In January 2020, Philadelphia police attempted to conduct a traffic stop of a vehicle which was being operated by Wilson for a routine traffic violation in a residential neighborhood in the Fairmont-Brewerytown section of Philadelphia. Instead of complying with the traffic stop, Wilson sped away in his vehicle and the officers pursued him. The car chase ended when Wilson crashed into a telephone pole, but even after that accident he continued to flee undeterred; the defendant exited the vehicle and continued to flee on foot. Wilson’s reckless attempt to escape ended when he collided with a Philadelphia police officer and the gun in his possession, a loaded 9mm handgun, flew from his hand.
“The defendant’s actions, both the illegal possession of a firearm and his potentially deadly exploits on the road, presented a serious threat to the safety of our community,” said U.S. Attorney Williams. “This sentence of years in prison should serve as an example to others who have previously been convicted of felony offenses and are considering carrying firearms that we will use every law enforcement tool at our disposal to find and stop you. If you choose to illegally carry a firearm, you are going to face serious federal charges.”
“Convicted felons, who illegally possess firearms, will face federal prosecution and the possibility of a lengthy federal prison sentence,” said Matthew Varisco, Special Agent in charge of ATF’s Philadelphia Field Division. “I want to thank our partners at the Philadelphia Police Department and the United States Attorney’s Office for their combined efforts investigating this case.”
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and 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.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Ashley N. Martin.
Contracted Accountant Sentenced to Prison for Second Embezzlement ConvictionRead the Press Release
PITTSBURGH, PA - A resident of Pleasant Hills, PA, has been sentenced in federal court to 21 months in prison followed by three years of supervised release on his conviction of wire fraud, United States Attorney Cindy K. Chung announced today.
United States District Judge Cathy Bissoon imposed the sentence on Walter Tymoczko, age 48.
According to information presented to the court, Tymoczko was an independent contractor performing accounting work for a local company. From October 2018, until October 2019, Tymoczko embezzled funds from the company by utilizing an Inuit QuickBooks payroll program. Tymoczko used the program multiple times to transfer funds from the victim’s bank account to his own bank account and a family member’s bank account for a total of $73,206.77. The Court was further advised that Tymoczko has a previous federal felony conviction for embezzling from various clients. In the previous case, Tymoczko was sentenced to 24 months in prison and ordered to pay a total of $254,974.60 in restitution to various victims.
Assistant United States Attorney Lee J. Karl prosecuted this case on behalf of the government.
United States Attorney Chung commended the Federal Bureau of Investigation for the investigation leading to the successful prosecution of Tymoczko.
Cogan Station Man Charged with Tax EvasionRead the Press Release
WILLIAMSPORT- The United States Attorney’s Office for the Middle District of Pennsylvania announced that Devon Buck, age 33, of Cogan Station, Pennsylvania, has been charged in a one-count criminal Information with attempting to evade income taxes.
According to United States Attorney John C. Gurganus, the Information alleges that Buck operated a landscaping business called DCL Landscaping and for the calendar years 2015 through 2019, Buck attempted to evade $203,324 in federal income taxes. The Information alleges that Buck prepared and delivered business invoices to DCL customers requesting that they make checks for landscaping services payable to Buck personally, instead of DCL, Buck asked customers to not place the DCL name on their checks, and he provided DCL invoices to customers which included an instruction to make their payments payable to Buck individually. The Information also alleges that from 2015 through 2019, Buck diverted approximately $677,877 of DCL receipts by cashing customer checks rather than depositing them into a business bank account, and he deposited only $240,749 of customer payments into the DCL business bank account during that period. He allegedly provided fraudulent business summaries to his tax return preparer for use in preparing IRS Form 1040 income tax returns and Schedule C statements of business receipts and expenses, which falsely underreported DCL gross receipts and evaded the payment of federal income taxes.
The case was investigated by the Internal Revenue Service, Criminal Investigations. Assistant U.S. Attorney George J. Rocktashel is prosecuting the case.
The maximum penalty under federal law for this offense is five (5) years of imprisonment, a term of supervised release following imprisonment, and a fine. A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
Indictments and Criminal Informations are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
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Citrus County Convicted Felon Sentenced to More Than 4 Years for Possession of Firearms and AmmunitionRead the Press Release
Ocala, Florida – Senior U.S. District Judge John Antoon II today sentenced Christopher Lawrence Leslie (25, Homosassa) to four years and four months in federal prison for possessing firearms and ammunition as a convicted felon and for possessing a National Firearms Act (NFA) firearm (short-barreled rifle). The Court also ordered Leslie to forfeit the firearms and ammunition associated with the offenses. Leslie had been indicted on November 9, 2021, and had pleaded guilty on December 15, 2021.
According to court documents, on October 19, 2021, deputies from the Citrus County Sheriff’s Office responded to a burglary call at a property where Leslie was residing. During the investigation, the deputies discovered Leslie, a convicted felon, in possession of three firearms—a revolver, a rifle with a scope, and a sawed-off, bolt-action rifle—as well as assorted ammunition. The bolt-action rifle had an overall length of approximately 20 inches and a barrel length of approximately 10 inches, making it an NFA firearm (short-barreled rifle). This firearm was not registered to Leslie in the National Firearms Registration and Transfer Record, as required by federal law. After his arrest, Leslie admitted that all of the recovered firearms and ammunition belonged to him. As a convicted felon, Leslie is prohibited from possessing firearms or ammunition.
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 Citrus County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Robert E. Bodnar, Jr.
Central Illinois Man Sentenced to 16 Years in Federal Prison for Attempting to Traffic Cocaine in ChicagoRead the Press Release
CHICAGO — A central Illinois man has been sentenced to 16 years in federal prison for attempting to traffic cocaine in Chicago.
A jury last year convicted TEKOA Q. TINCH, 34, of Bloomington, Ill., of attempting to possess cocaine with the intent to distribute. Tinch in May 2018 attempted to buy a kilogram of cocaine from an individual in a grocery store parking lot in the Little Village neighborhood of Chicago. Unbeknownst to Tinch, the cocaine was fake and the seller was an undercover law enforcement officer.
U.S. District Judge Andrea R. Wood imposed the sentence Tuesday after a hearing in federal court in Chicago. Judge Wood also found that Tinch directed an individual to purchase two firearms for Tinch in April 2018, and that those firearms were in the vehicle when Tinch drove to the meeting with the undercover officer.
The sentence was announced by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois; Robert J. Bell, Special Agent-in-Charge of the Chicago Field Division of the U.S. Drug Enforcement Administration; Kristen de Tineo, Special Agent-in-Charge of the Chicago Field Division of the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; and David Brown, Superintendent of the Chicago Police Department.
“For many years the City of Chicago and other areas in the Northern District of Illinois have been plagued by drug trafficking, along with the violent crime that often accompanies drug trafficking,” Assistant U.S. Attorney John D. Mitchell argued in the government’s sentencing memorandum. “While drug trafficking is always a serious crime, the circumstances of defendant’s offense of conviction are particularly serious.”
Capitol Heights, Maryland Man Sentenced to Seven Years in Federal Prison for Possession with Intent to Distribute Controlled Substances and Federal Firearm ChargesRead the Press Release
Greenbelt, Maryland – U.S. District Judge Theodore D. Chuang sentenced Billy Lorenzo Bush, age 38, of Capitol Heights, Maryland to seven years in federal prison, followed by five years of supervised release, for possession with intent to distribute controlled substances and possession of a firearm in furtherance of drug trafficking.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Toni M. Cosby of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Baltimore Field Division; and Chief Malik Aziz of the Prince George’s County Police Department.
According to his guilty plea, on June 8, 2020, officers discovered Bush passed out and unresponsive in the driver’s seat of a vehicle that was involved in a single-vehicle accident. Bush was the sole occupant in the vehicle. Upon further inspection, officers saw baggies of marijuana spilling out of a backpack and a handgun on the front passenger seat.
After additional PGPD officers arrived on the scene, officers broke the driver’s side window to unlock the doors and remove Bush from the vehicle. As a result of the search of Bush’s vehicle, officers recovered a .40 caliber handgun loaded with 15 rounds of ammunition, 1,100.80 grams of marijuana, digital scales, empty baggies, and 47.55 grams of a substance containing PCP. Bush became responsive upon his removal from the vehicle and was subsequently taken into custody when they searched Bush incident to his arrest, officers found on his person 102.29 grams of a substance containing eutylone.
Bush agrees that he possessed the marijuana and eutylone and intended to distribute them to others. Bush also agrees that he possessed the .40 caliber firearm in furtherance of his drug trafficking activities.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN, an evidence-based program proven to be effective at reducing violent crime, is the centerpiece of the Department of Justice’s violent crime reduction efforts. 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 Erek L. Barron commended the ATF and the Prince George’s County Police Department for their work in the investigation. Mr. Barron thanked Assistant U.S. Attorney Jessica C. Collins, who is prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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Cameron Man Pleads Guilty to Bank Fraud SchemeRead the Press Release
WILMINGTON, N.C. A Cameron man pleaded guilty in federal court today to a charge of bank fraud arising out of a scheme to defraud financial institutions in the Eastern District of North Carolina and elsewhere.
According to court documents and information presented at the hearing, Edward Wheeler is a staff sergeant assigned to Pope Army Airfield. From January 2019 to September 2021, Wheeler defrauded multiple financial institutions by filing account fraud claims that were themselves fraudulent. To execute the scheme, Wheeler opened bank accounts and conducted financial transactions for his personal benefit. The transactions included: EFT and wire transfers to accounts Wheeler held with other banks; purchases of cryptocurrency; purchases of gold and other precious metals, and purchases of goods from Amazon and Ebay.
After the transactions were completed, Wheeler filed fraud claims with the banks wherein Wheeler falsely stated that the transactions were unauthorized, knowing that he had conducted the transactions himself and for his own benefit. Through the filing of the fraud claims, Wheeler induced the banks to refund his accounts with provisional credits in the amount of the claimed loss. After the accounts were refunded, Wheeler promptly transferred the funds to other accounts so that the money could not be recouped by the victim banks. Wheeler executed or attempted to execute the scheme against at least six financial institutions.
Wheeler pleaded guilty to bank fraud and faces a maximum penalty of 20 years in prison when sentenced during the August 2022 term of court.
Michael Easley, U.S. Attorney for the Eastern District of North Carolina, made the announcement. The Defense Criminal Investigative Service and the United States Air Force Office of Special Investigations are investigating the case and Assistant U.S. Attorney Toby Lathan is prosecuting the case.
A copy of this press release is located on our website.
Calvert County Armed Career Criminal Sentenced to 15 Years in Federal Prison for Illegal Possession of a FirearmRead the Press Release
Greenbelt, Maryland – U.S. District Judge George J. Hazel sentenced Earl Leroy Griffin, Jr., age 45, of Sunderland, Maryland, yesterday to 15 years in federal prison, followed by five years of supervised release, for being a felon in possession of a firearm. A federal jury convicted Griffin of that charge on December 17, 2021, which qualified him for armed career criminal status and enhanced sentencing guidelines.
The sentence was announced by United States Attorney for the District of Maryland Erek L. Barron; Special Agent in Charge Jarod Forget of the Drug Enforcement Administration - Washington Division; Calvert County Sheriff Mike Evans; and Calvert County State’s Attorney Robert Harvey.
According to the evidence presented at his four-day trial, on September 5, 2019, law enforcement executed a search warrant at Griffin’s residence and on his vehicle as part of a drug investigation. In Griffin’s locked vehicle, law enforcement recovered a stolen .40 caliber handgun, loaded with 14 rounds of ammunition; powder cocaine, crack cocaine, and marijuana; and three Maryland driver’s licenses bearing Griffin’s name and photo. The vehicle was registered to Griffin. When he was searched incident to his arrest, Griffin had the keys to his vehicle and $1,870 in cash in his pockets.
Griffin had four previous felony drug convictions and knew that as a result, he was prohibited from possessing a firearm and ammunition.
The jury acquitted Griffin on charges of possession with intent to distribute controlled substances and possession of a firearm in furtherance of drug trafficking.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Safe Neighborhoods (PSN) is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
United States Attorney Erek L. Barron commended the DEA, the Calvert County Sheriff’s Office, and the Calvert County State’s Attorney’s Office for their work in the investigation and prosecution. Mr. Barron thanked Assistant U.S. Attorneys Michael Morgan and Timothy F. Hagan, Jr., who prosecuted the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit https://www.justice.gov/usao-md/project-safe-neighborhoods-psnexile and https://www.justice.gov/usao-md/community-outreach.
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California Parent Sentenced in College Admissions CaseRead the Press Release
BOSTON – The owner of a warehousing company for the shipping industry was sentenced today in federal court in Boston for his involvement in the college admissions case.
I-Hsin “Joey” Chen, 67, of Newport Beach, Calif., was sentenced by U.S. District Court Judge Nathaniel M. Gorton to nine weeks in prison, one year of supervised release, 100 hours of community service and was ordered to pay a fine in the amount of $75,000. On Dec. 15, 2021, Chen pleaded guilty to one count of wire fraud and honest services wire fraud.
Chen conspired with William “Rick” Singer and others to defraud ACT, Inc. by agreeing to cheat on his son’s ACT exam. Specifically, in early 2018, after hiring Singer as a college counselor for his son and agreeing to the testing scheme, Chen got approval for his son to receive multiple day testing accommodations through his son’s high school counselor. Such accommodations allowed for his son’s testing location to be moved to a testing center in West Hollywood that Singer “controlled” through bribes to Igor Dvorskiy, a corrupt test administrator. There, Dvorskiy allowed Mark Riddell, a corrupt test “proctor,” to secretly correct Chen’s son’s ACT exam answers to obtain a fraudulently inflated score. In exchange, Chen paid Singer $75,000 disguised as a business consulting fee paid by Chen’s company to Singer’s for-profit business, The Key.
On April 8, 2022, Riddell was sentenced to four months in prison and two years of supervised release. Riddell was also ordered to pay a $1,000 fine and forfeit $239,449. Singer and Dvorskiy previously pleaded guilty and are awaiting sentencing.
Chen is the 35th parent to be sentenced in the college admissions case.
Case information, including the status of each defendant, is available here: https://www.justice.gov/usao-ma/investigations-college-admissions-and-testing-bribery-scheme.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; Joleen D. Simpson, Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations in Boston; and Terry Harris, Special Agent in Charge of the U.S. Department of Education Office of Inspector General’s Eastern Regional Office, made the announcement today. Assistant U.S. Attorneys Stephen E. Frank, Kristen A. Kearney, Ian J. Stearns and Leslie Wright of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Broward Wildlife Dealer and Company Sentenced in Scheme to Harvest and Sell Florida TurtlesRead the Press Release
Miami, Florida – A federal district judge in Miami has sentenced Michael Van Nostrand, 55, of Davie, Florida and Strictly Reptiles, Inc., a company also located in Davie, for their roles in a scheme to unlawfully enrich themselves and others by smuggling illegally-harvested Florida turtles out of the United States and into China, Japan, and other places.
According to court records, from approximately April 2017 through April 2019 the defendants and their co-conspirators established a network of “collectors” to capture specimens of various wild fresh-water turtles within the State of Florida. They then marketed and sold the turtles as “captive bred” to both domestic and international customers to provide the appearance the turtles were legally obtained. In text messages, Van Nostrand repeatedly exhorted his suppliers to acquire more of the principal species: Florida three-stripe mud turtles (Kinosternon baurii) for his company. To complete the scheme and evade detection, the coconspirators would falsely mark required federal export declarations with a code denoting the turtles were captive bred, rather than wild caught.
An investigation conducted by the Florida Fish & Wildlife Conservation Commission and the U.S. Fish & Wildlife Service documented the illegal acquisition and sale of approximately 3,500 of Florida fresh-water turtles.
Michael Van Nostrand was sentenced to a term of imprisonment of seven months, followed by a term of supervised release of three years, the first year of which will be served in home confinement. In addition, the Court ordered Van Nostrand to immediately pay a $100,000 fine to the Lacey Act Reward Fund and restricted Van Nostrand’s freedom to engage in the wildlife trade during the period of supervised release. During the sentencing hearing, the Court cited Van Nostrand’s compromised health (which was the subject of several filings and courtroom arguments) as the sole reason for not imposing a higher sentence. Strictly Reptiles, Inc. was sentenced to a term of five years’ probation, a fine of $150,000 also payable immediately to the Lacey Act Reward Fund, and oversight by an independent monitor/auditor, to be selected and appointed with the court’s approval.
The Lacey Act Reward Fund is a Congressionally authorized fund available to pay for the care, treatment, and rehabilitation of wildlife pending their disposition at the conclusion of civil and criminal matters and to compensate witnesses and cooperators in criminal investigations.
In pleadings and courtroom statements, the government noted that significant pressure is being placed on native species – especially turtles and tortoises - throughout the United States to satisfy the black-market pet trade, and that the United States is facing the specter of some species becoming extinct in the wild because of illegal poaching activities. The State of Florida has restricted the commercialization of wild-caught turtles since 2009 as part of its conservation effort.
Juan Antonio Gonzalez, U.S. Attorney for the Southern District of Florida and David Pharo, Acting Special Agent in Charge, U.S. Fish & Wildlife Service, Office of Law Enforcement, SAC Office Atlanta, GA announced the sentence imposed by U.S. District Judge Kathleen M. Williams.
The U.S. Fish & Wildlife Service investigated this case, with the cooperation of the Florida Fish & Wildlife Conservation Commission. Assistant U.S. Attorney Thomas Watts-FitzGerald is prosecuting the case.
Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov, under case number 21-cr-20495-Williams.
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Broome County Man Pleads Guilty to Failing to Disclose His Email Address to the Sex Offender RegistryRead the Press Release
SYRACUSE, NEW YORK – Thomas E. Cargill, age 56, of Endicott, New York, pled guilty today in federal court in Binghamton to one felony count of failing to register and update his registration as a sex offender after it was discovered that he had an e-mail address that he had not disclosed to the New York State Division of Criminal Justice Services as required by the Sex Offender Registration and Notification Act (“SORNA”), announced United States Attorney Carla B. Freedman and David L. McNulty, United States Marshal for the Northern District of New York.
In pleading guilty, Cargill admitted that from November 5, 2016, through November 13, 2021, he failed to register a Google email address he created on September 24, 2016, as required by SORNA.
Cargill was required to register as a sex offender because of his federal conviction in 2008 for possession of child pornography.
In addition to his plea to failure to register and update a registration as a sex offender, Cargill also admitted today that this conduct violated the terms of supervised release previously imposed after his 2008 conviction.
Sentencing is scheduled for August 24, 2022 before Senior United States District Thomas J. McAvoy. In addition to any punishment for violating the terms of his supervised release, Cargill faces a maximum sentence of 10 years in prison, a fine of up to $250,000.00, and a term of supervised release of at least 5 years and up to life on the sex offender registration offense. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
This case was investigated by the United States Marshals Service and is being prosecuted by Assistant United States Attorney Geoffrey J. L. Brown as part of Project Safe Childhood. Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc
Bogalusa Man Sentenced After Pleading Guilty to Violating the Federal Controlled Substances and Federal Gun Control ActsRead the Press Release
NEW ORLEANS, LOUISIANA – JA’VONTAY OWENS, age 28, a resident of Bogalusa, Louisiana, was sentenced by U.S. District Judge Jane Triche Milazzo, announced U.S. Attorney Duane A. Evans. The Court imposed concurrent seventy-two (72) month sentences as to Counts 1-2 and a consecutive sixty (60) month sentence as to Count 3 followed by four (4) years of supervised release. The Court ordered OWENS to pay a total of $300 in mandatory special assessment fees. OWENS plead guilty to a three-count indictment charging him with Possession with Intent to Distribute Five (5) Grams or More of Methamphetamine, a Quantity of Cocaine Base (“Crack”), and a Quantity of Heroin, in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(B), and (b)(1)(C) (Count 1), Felon in Possession of a Firearm, in violation of Title 18, United States Code, Sections 922(g)(1) and 924(a)(2) (Count 2), and Possession of a Firearm in Furtherance of a Drug Trafficking Crime, in violation of Title 18, United States Code, Section 924(c)(1)(A) (Count 3).
According to court documents, on September 26, 2020, Washington Parish Sheriff’s Office Deputies executed a traffic stop on a vehicle driven by OWENS on Highway 21 in Bogalusa, Louisiana. Deputies immediately smelled marijuana on OWENS and placed him under arrest. While searching OWENS pursuant to his arrest, deputies retrieved approximately twenty-seven (27) grams of methamphetamine from OWENS’s underwear. As the deputies searched OWENS’s vehicle, they located approximately five (5) grams of cocaine base and less than one (1) gram of heroin under the driver’s seat of the vehicle. In the rear driver side door of the vehicle, deputies located a loaded black Glock, Model 19, nine millimeter, semi-automatic pistol.
OWENS is a previously convicted felon and was aware of his felon status prior to possession of the firearm.
This case was investigated by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives and the Washington Parish Sheriff’s Office. The prosecution was handled by Assistant United States Attorney André Jones.
Billings man admits trafficking crime after law enforcement seize 10 pounds of meth from vehicleRead the Press Release
BILLINGS — A Billings man suspected of breaking into the Drug Enforcement Administration’s garage and entering his impounded vehicle from which agents had seized approximately 10 pounds of methamphetamine admitted to a trafficking crime today, U.S. Attorney Leif M. Johnson said.
Anthony Jacob Johnson, 43, pleaded guilty to possession with intent to distribute meth. Johnson faces a mandatory minimum of 10 years to life in prison, a $10 million fine and at least five years of supervised release.
U.S. Magistrate Judge Timothy J. Cavan presided. A sentencing date will be set before U.S. District Judge Dana L. Christensen. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Johnson was detained pending further proceedings.
The government alleged in court documents that in January 2021, Montana Division of Criminal Investigation agents began investigating co-defendant, Stacie Thein, for meth distribution. Thein has pleaded not guilty to charges. The investigation led to Johnson as Thein’s source. Agents determined that Johnson traveled to Colorado in March and again in April 2021. Upon Johnson’s return to Montana, a Montana Highway Patrol trooper conducted a traffic stop of Johnson’s vehicle. A search warrant was served on the vehicle, and agents located 10 vacuumed sealed bricks of meth. The bricks totaled approximately 10.39 pounds of meth, which is the equivalent of about 37,653 doses. The next day, the DEA discovered a large hole in a garage door at its facility. Evidence showed that Johnson had gone to the facility the night before, cut a large hole in the garage and entered his seized vehicle while it was in DEA’s custody. Johnson admitted to agents that he was distributing large amounts of meth he obtained from a source in Denver, Colorado.
Assistant U.S. Attorney Julie R. Patten is prosecuting the case, which was investigated by the DEA and Montana Division of Criminal Investigation.
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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Bennington County Man Faces Federal Firearms ChargesRead the Press Release
The Office of the United States Attorney for the District of Vermont stated that Logan Foster, 30, of Arlington, Vermont, has been indicted and arrested on two federal firearms offenses involving the alleged unlawful purchase and possession of a 9mm pistol in January 2021. On April 19, 2022, Foster appeared in U.S. District Court in Burlington for an arraignment and pleaded not guilty to the charges. U.S. Magistrate Judge Kevin J. Doyle granted the government’s motion for detention and ordered Foster detained until trial.
The indictment contains two counts. The first count alleges that on January 22, 2021, Foster filled out an ATF Form 4473 to purchase a SCCY 9mm pistol from a firearms dealer and falsely stated both that he was the actual purchaser of the firearm and that he was not an unlawful user of controlled substances. The second count alleges Foster then possessed this firearm while being an unlawful user of controlled substances. According to court records, the government also alleges that Foster exchanged the firearm for drugs with a Springfield, Massachusetts area drug dealer. The firearm was recovered from a crime scene in Holyoke, Massachusetts approximately six months after Foster’s transfer of it.
The indictment is an accusation only and that the defendant is presumed innocent until and unless proven guilty. If convicted, Foster faces a maximum sentence of ten years imprisonment and three years of supervised release, which would follow any sentence of imprisonment. The actual sentence will be determined with reference to the Federal Sentencing Guidelines.
This case is being investigated by the Department of Homeland Security (Homeland Security Investigations), the Bennington Police Department, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The United States is represented by Assistant U.S. Attorney Joseph Perella. Foster is represented by Peter Langrock, Esq.
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. https://www.justice.gov/psn
Baden Man with Prior Conviction for Child Porn Possession Indicted AgainRead the Press Release
PITTSBURGH - A resident of Baden, Pennsylvania, has been indicted by a federal grand jury in Pittsburgh on a charge of possession of child pornography, United States Attorney Cindy K. Chung announced today.
The one-count Indictment named Andrew Kincaid, age 34, as the sole defendant.
According to U.S. Probation Officers, on or about March 16, 2021, a federal probation compliance inspection discovered explicit content on a computer in violation of federal law and the conditions of Kincaid’s supervised release. In 2009, Kincaid pleaded guilty to one count of possession of materials depicting the sexual exploitation of a minor and was sentenced to 36 months in prison and a term of supervised release of 10 years. Since his release from federal prison, Kinkaid has violated his terms of release on at least four occasions by engaging in child pornography-related conduct.
The law provides for a maximum total sentence of not more than 20 years in prison, a fine, or a combination thereof. Under the Federal Sentencing Guidelines, the actual sentence imposed would be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant United States Attorney Brian W. Castello is prosecuting this case on behalf of the government.
Following the inspection by U.S. Probation, Homeland Security Investigations conducted the investigation leading to the Indictment in this case.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals, who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc .
An indictment is an accusation. A defendant is presumed innocent unless and until proven guilty.
Albuquerque investment broker pleads guilty to mail and wire fraud and failure to file tax returnsRead the Press Release
ALBUQUERQUE, N.M. – Richard Kessler, 50, of Albuquerque, pleaded guilty on April 18 in federal court to one count each of mail fraud and wire fraud and four counts of failure to file tax returns.
Kessler was a financial advisor and investment broker who did business as Guardian Group Investments, LLC. According to the plea agreement and other court records, Kessler used his position to induce several individuals to entrust their retirement savings to him. During the period from February to August 2016, Kessler fraudulently convinced four victims to entrust him with a total of $121,267. Although Kessler had represented that he would place that money in retirement accounts for the benefit of those individuals, Kessler instead deposited their funds in his business bank account, which is specifically prohibited by New Mexico securities regulations. Kessler subsequently converted the victims’ retirement funds to his own purposes. Kessler used the fraudulently obtained money to pay for his personal expenditures and to make payments to earlier victims of his scheme. In his plea agreement, Kessler admitted that he devised and executed this scheme with the intent to defraud the investors.
Kessler failed to file federal income tax returns for tax years 2014 through 2017. Kessler’s failure to file tax returns and pay federal income taxes resulted in an aggregate tax liability of $82,627 for those four years, not including any penalties or interest.
Kessler faces up to 44 years in prison. A sentencing date has not been scheduled.
IRS Criminal Investigation investigated this case. Assistant U.S. Attorney Timothy S. Vasquez is prosecuting the case.
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Arapahoe Man Charged with Kidnapping and AssaultRead the Press Release
United States Attorney Bob Murray announced today that ELVIN WAYNE MCCLAIN, 30, of Arapahoe, Wyoming, was charged with kidnapping, assault with a dangerous weapon with intent to do bodily harm and assault resulting in serious bodily injury. McClain appeared for an arraignment hearing on April 14, 2022, before Federal District Court Magistrate Judge Kelly H. Rankin and pleaded not guilty to the charges. A trial has been set for June 21, 2022.
McClain faces up to life imprisonment, five years of supervised release, up to a $750,000 fine, and a $300 special assessment. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
This crime is being investigated by the Federal Bureau of Investigation. Assistant United States Attorney Michael J. Elmore is prosecuting the case.
An indictment merely contains allegations, and every defendant is presumed innocent unless and until proven guilty.
Case No. 22-CR-00013-NDF
8 defendants from Ohio, Nevada, California charged in methamphetamine conspiracyRead the Press Release
COLUMBUS, Ohio – A federal grand jury has charged eight individuals with conspiring to distribute 500 grams or more of methamphetamine, a crime punishable by at least 10 years and up to life in prison.
It is alleged the defendants shipped multiple pounds of methamphetamine to Columbus from California and Las Vegas via the United States Postal Service.
To date, the government has seized at least 50 kilograms, or approximately 110 pounds, of methamphetamine as part of this case. The quantity of narcotics seized has an approximate street value of $1.5 million.
Law enforcement officials have also seized three firearms, fentanyl and marijuana.
The indictment was returned on April 12 and the case was unsealed today.
Those charged include:
Name
Age
Residence
Wesley Durell Johnson
38
Las Vegas, Nevada
Deysuan Shalee Wells
39
Columbus, Ohio
Tiauna Christine Castro
32
Las Vegas, Nevada
Mohamed Ahmed Hussein
34
Moreno Valley, California
Ronnie Bert White
63
Columbus, Ohio
Autumn K. Jordan
40
Columbus, Ohio
Cierra Sade Stratton
33
Columbus, Ohio
Terrell D. Harris
59
Columbus, Ohio
Kenneth L. Parker, United States Attorney for the Southern District of Ohio, and Lesley Allison, Inspector in Charge, United States Postal Inspection Service, Pittsburgh Division, announced the charges. Assistant United States Attorney Timothy D. Prichard is representing the United States in this case.
An indictment merely contains allegations, and defendants are presumed innocent unless proven guilty in a court of law.
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11 Defendants Plead Guilty in $300 Million Healthcare FraudRead the Press Release
Just two months after being charged, all 11 defendants implicated in the $300 million Spectrum/Reliable healthcare fraud have pleaded guilty, announced U.S. Attorney for the Northern District of Texas Chad E. Meacham.
Ten defendants, including two medical doctors, were indicted February 9. An eleventh defendant was charged on March 16.
Six of the original ten defendants – Laredo-based internal medicine doctor Eduardo Canova, family medicine doctor Jose Maldonado, nurse practitioner Keith Wichinski, Reliable Labs cofounder Abraham Phillips, marketing firm owner Juan David Rojas, and marketing employee Laura Ortiz – filed plea papers on February 11, just two days after being indicted. The final defendant – Reliable Labs cofounder Biby Kurian – filed plea papers on April 6 and entered her plea on April 13.
“The swift resolution of this case is a testament to both our office and to the investigative agencies that worked diligently to ensure our case was airtight,” said U.S. Attorney Chad Meacham. “We cannot allow physicians’ judgement to be clouded by financial considerations.”
“This proactive investigation identified an illegal kickback conspiracy that resulted in substantial evidence and a guilty plea from each defendant,” said Dallas FBI Special Agent in Charge Matthew J. DeSarno. “I commend our partners and the Northern District of Texas for their meticulous work in unraveling the schemes perpetrated by these defendants, and for their work to protect American taxpayers and the integrity of our healthcare system.”
According to court documents, the founders of several lab companies, including Unified Laboratory Services, Spectrum Diagnostic Laboratory, and Reliable Labs LLC, paid kickbacks to induce medical professionals to order medically unnecessary lab tests, which they then billed to Medicare and other federal healthcare programs.
The medical professionals -- including Dr. Canova, Dr. Maldonado, and Mr. Wichinski – accepted the bribes and ordered millions of dollars’ worth of tests.
Meanwhile, Unified, Spectrum, and Reliable disguised the kickbacks as legitimate business transactions, including as medical advisor agreement payments, salary offsets, lease payments, and marketing commissions.
The labs, through marketers, paid doctors hundreds of thousands of dollars for “advisory services” which were never performed in return for lab test referrals. They also paid portions of the doctors’ staff’s salaries and a portion of their office leases, contingent on the number of lab tests they referred each month. In some instances, lab marketers even made direct payments to the provider’s spouse. (When the labs threatened one provider that payments would cease if he didn’t refer more tests, he immediately increased his lab referrals, averaging approximately 20 to 30 referrals per day.)
Knowing they could disguise additional kickbacks using a provider-ownership model, the founder of Spectrum and Unified, Jeffrey Madison, convinced the co-founders of Reliable to convert Reliable into a physician-owned lab. Reliable offered physicians ownership opportunities only if those physicians referred an adequate number of lab tests. In some cases, they made advance disbursement payment to physicians in an effort to appease the physician and ensure he would not send samples to other labs.
As a result of these kickbacks, laboratories controlled by the defendants were able to submit more than $300 million in billing to federal government healthcare programs.
In plea papers, Dr. Maldonado admitted he received more than $400,000 in kickbacks for ordering more than $4 million worth of lab tests; Dr. Canova admitted he received more than $300,000 in kickbacks for ordering more than $12 million worth of lab tests.
Defendants’ pleas are as follows:
• Jeffrey Paul Madison, founder of Unified Laboratory Services and Spectrum Diagnostic Laboratory – conspiracy to pay and receive healthcare kickbacks and a substantive count of paying and receiving healthcare kickbacks (two counts)
• Mark Christopher Boggess, chief operating officer for Spectrum and Unified – misprison (concealment) of a felony
• Biby Ancy Kurian, co-founder of Reliable Labs, LLC – conspiracy to pay kickbacks
• Abraham Phillips, co-founder of Reliable Labs, LLC – conspiracy to pay kickbacks
• Dr. Jose Roel Maldonado, family medicine doctor based in Laredo – conspiracy to solicit and receive illegal kickbacks
• Dr. Eduardo Carlos Canova, internal medicine specialist based in Laredo – conspiracy to solicit and receive illegal kickbacks
• Keith Allen Wichinski, board-certified nurse practitioner based in San Antonio – conspiracy to solicit or receive kickbacks
• David Michael Lizcano, owner of DCLH, a marketing firm engaged by Unified, Spectrum, and Reliable – conspiracy to pay and receive healthcare kickbacks and a substantive count of paying and receiving healthcare kickbacks (two counts)
• Laura Ortiz, sister of David Lizcano and employee at his marketing firm – conspiracy to pay and receive healthcare kickbacks
• Juan David Rojas, owner of Rojas & Associates, another marketing firm engaged by Unified, Spectrum, and Reliable – conspiracy to pay and receive healthcare kickbacks
• Sherman Kennerson, investor in Unified (charged via criminal information) – conspiracy to pay kickbacks
Under the applicable statutes, Mr. Madison and Mr. Lizcano face up to 15 years each in federal prison. Mr. Kennerson, Ms. Ortiz, Mr. Phillips, Ms. Kurian, Dr. Maldonado, Dr. Canova, Mr. Wichinski, and Mr. Rojas face up to five years; Mr. Boggess faces up to three years.
“The expeditious resolution of this matter is a testament to the thorough investigation and valuable collaboration between investigative partners and prosecutors,” said Miranda L. Bennett, Special Agent in Charge for the Office of Inspector General of the U.S. Health and Human Services. “We will continue working with our partners to protect federal health care programs and the beneficiaries who depend on these programs for treatment and care.”
“As the investigative arm of the DoD Office of Inspector General, the Defense Criminal Investigative Service (DCIS) and our colleagues work hard to hold accountable those who undermine Federal health care programs such as TRICARE, “said Acting Special Agent in Charge Gregory P. Shilling of the DCIS Southwest Field Office. "Safeguarding TRICARE not only protects our warfighters, their families, and retirees, but it also preserves valuable taxpayer resources."
The Federal Bureau of Investigation’s Dallas Field Office – Fort Worth Resident Agency conducted the investigation with the assistance of the U.S. Department of Health and Human Services’ Office of Investigations, the Defense Criminal Investigative Service (DCIS), and the Veterans Affairs’ Office of Inspector General. Assistant U.S. Attorney P.J. Meitl is prosecuting the case.
Tuesday 19 April 2022
“Diamond Enterprise” Boss Sentenced to 51 Months in Prison in Connection with Criminal Acts Including Racketeering, Threats, Money Laundering, Fraud, and GamblingRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ABDURAMAN ISENI, a/k/a “Diamond” was sentenced to 51 months in prison, based on his leadership of a multi-year racketeering enterprise from in or about 2017 through 2020, and criminal offenses related to threats, money laundering, bank fraud, false statements to a bank, and illegal gambling. ISENI committed these offenses despite two prior federal convictions in the Southern District of New York for racketeering and money laundering. ISENI previously pled guilty before U.S. District Judge Andrew L. Carter, who imposed today’s sentence.
U.S. Attorney Damian Williams said: “Serving more than a decade in federal prison should have demonstrated to Abduraman Iseni the consequences of serious crimes. But instead, after his release he went back to racketeering, threats, money laundering, and other offenses. Today’s sentence should send a message that this Office will make every effort to hold dangerous, recidivist felons to account.”
According to the Indictment, public court filings, and statements made in court:
ISENI oversaw a racketeering enterprise referred to in the Indictment as the “Diamond Enterprise”. The Diamond Enterprise was an organized criminal group operating under ISENI’s direction. ISENI offered his protection, connections, and substantial influence in the criminal underworld to other members of the racketeering enterprise, in exchange for a share of their illegal profits. The Diamond Enterprise thrived in part on the revenues generated by a network of illegal gambling parlors – “Sports Café,” “Friendly Café,” and “Oasis Café” – located throughout Brooklyn, that hosted underground poker games and hosted illegal sports books. Some of these revenues, in turn, were laundered through a series of bank accounts in an effort to conceal and facilitate the Enterprise’s continued operations.
In addition to the Enterprise’s operations, ISENI separately admitted to threatening a victim with physical violence, including an incident where he held a fork close to a co-defendant’s eye and threatened to jab it in, and a host of additional crimes, including money laundering, bank fraud conspiracy, and making false statements to a bank for the purpose of inducing the bank to release funds to which ISENI was not entitled.
Prior to this more recent conduct, Iseni was twice convicted of federal offenses in the Southern District of New York – a 1996 conviction for racketeering and a 2012 conviction for money laundering – and served over a decade in federal prison.
* * *
In addition to his prison term, ISENI, 56, of Staten Island, was sentenced to three years of supervised release. He was also ordered to forfeit $349,000 and to pay a $5,000 fine.
Mr. Williams praised the outstanding work of FBI New York’s Balkans and Middle East Organized Crime Squad, the FBI’s Newark Office, the United States Customs and Border Protection, the Department of State Diplomatic Security Service, the Small Business Administration Office of the Inspector General, the Social Security Administration Office of the Inspector General, the New York State Liquor Authority, and the New York City Police Department, for their investigative efforts and ongoing support and assistance with the case.
The prosecution of this case is being overseen by the Office’s Money Laundering and Transnational Criminal Enterprises Unit. Assistant U.S. Attorneys Samuel L. Raymond and David R. Felton are in charge of the case.
“Bored Dude” indicted for attempting to sexually assault nine-year-oldRead the Press Release
McALLEN, Texas – A 19-year-old man residing in San Juan has been indicted on charges of attempted coercion and enticement of a child, announced U.S. Attorney Jennifer B. Lowery.
Originally charged by criminal complaint, a federal grand jury returned the single-count indictment against Jorge Eduardo Naranjo today. He is expected to appear before a U.S. magistrate judge on the indictment in the near future.
According to the complaint, Naranjo began communicating via Kik with someone he thought had a nine-year-old child. Naranjo operated multiple accounts on the site with the username “Bored Dude,” distributed files of child pornography and requested to meet the individual’s “little,” according to the charges.
Naranjo allegedly exchanged multiple messages clarifying his intent to engage in criminal sexual activity with the child. Naranjo traveled to a McAllen hotel and planned to do so, according to the charges. Law enforcement took him immediately into custody upon his arrival.
At his detention hearing following the filing of the criminal complaint, Naranjo was found to be a danger to community and ordered him into custody pending future criminal proceedings.
The FBI conducted the investigation.
Assistant U.S. Attorney Devin V. Walker is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources link on that page.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Yankton Man Sentenced for Possession of Child PornographyRead the Press Release
United States Attorney Dennis R. Holmes announced that a Yankton, South Dakota, man convicted at a jury trial of Possession of Child Pornography was sentenced on April 18, 2022, by U.S. District Judge Karen E. Schreier.
Matthew Carter, age 31, was sentenced to 180 months in federal prison, followed by five years of supervised release, $13,000 in restitution, and a special assessment to the Federal Crime Victims Fund in the amount of $100.
Carter was indicted by a federal grand jury on May 4, 2021.
The conviction stemmed from an incident in January 2021, when Carter was in jail and called his dad and directed him to retrieve some property that Carter hid above the ceiling tile in his bathroom. An officer listening to the jail call went to Carter’s residence and found a computer hard drive above the ceiling tile. Forensic examination of the hard drive revealed 60 video files containing child pornography.
This case was investigated the Yankton Police Department, the South Dakota Division of Criminal Investigation, and Homeland Security Investigations. Assistant U.S. Attorney Jeffrey C. Clapper prosecuted the case.
Carter was immediately turned over to the custody of the U.S. Marshals Service.
West Tennessee Man Sentenced to 15 Years for Gun CrimeRead the Press Release
Memphis, TN- Oscar Goodwin, 35, has been sentenced to 180 months in federal prison for being a felon in possession of a firearm. Joseph C. Murphy Jr., United States Attorney, announced the sentence today.
According to information presented in court, on July 10, 2019, Tennessee Bureau of Investigation (TBI) agents discovered a Zastavia AK 7.62 x 39 short rifle during the search of a residence in Memphis regarding an ongoing investigation of drive-by shootings in Tipton and Fayette counties. The rifle was discovered in a black/white Air Jordan backpack in the front room of the residence. A male subject at the residence, later identified as Oscar Goodwin, Jr., advised being the owner of the rifle.
Fired casings from the shooting scenes appear to match the weapon found. Evidence proved that the defendant was involved in the Tipton and Fayette County shootings and possessed the AK rifle.
Further investigation revealed that Goodwin had been convicted of multiple violent felonies and was on probation for aggravated burglary out of Fayette County at the time of this crime. As a result of his felony convictions, he is prohibited by federal law from possessing firearms and ammunition.
On April 13, 2022, United States District Judge Mark S. Norris sentenced Goodwin to 180 months in federal prison to be followed by three years’ supervised release. There is no parole in the federal system.
The Tennessee Bureau of Investigation and the Shelby County Sheriff’s Office investigated this case.
Special Assistant United States Attorney Sean Hord prosecuted this case on behalf of the government. SAUSA Hord is currently assigned from the 25th Judicial District Attorney’s Office.
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Waterbury Man Pleads Guilty to Federal Gun ChargeRead the Press Release
Leonard C Boyle, United States Attorney for the District of Connecticut, announced that CARLTON FOX, 37, of Waterbury, pleaded guilty today before U.S. District Judge Victor A. Bolden in Bridgeport to possession of firearm in furtherance of a drug trafficking crime.
According to court documents and statements made in court, in June 2021, Waterbury Police made two controlled purchases of heroin and one controlled purchase of fentanyl from Fox. On June 18, 2021, investigators conducted a court-authorized search of a Waterbury hotel room where Fox was staying and seized a loaded .22 caliber handgun; distribution quantities of heroin, fentanyl and crack cocaine; items used to process and package narcotics for street sale; and $3,980 in cash.
At sentencing, which is not scheduled, Fox faces a mandatory minimum term of imprisonment of five years and a maximum term of imprisonment of life.
Fox is detained pending sentencing.
This matter is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Waterbury Police Department. The case is being prosecuted by Assistant U.S. Attorney Marc H. Silverman.
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.