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Tuesday 22 June 2021
Navajo man sentenced to three years and 10 months in prison for assault in Indian CountryRead the Press Release
ALBUQUERQUE, N.M. – Matthew Ramone, 32, of the Thoreau, New Mexico, and an enrolled member of the Navajo Nation, was sentenced on June 14 in federal court to three years and 10 months in prison for assaulting two victims resulting in serious bodily injury. Ramone pleaded guilty on January 21, 2020.
According to the plea agreement and other court records, on Oct. 16, 2019, Ramone struck John Doe in the head with a three-foot metal bar, causing him to fall to the ground. Ramone continued hitting the victim as he lay on the ground. Ramone’s attack caused serious injuries to John Doe, including a depressed skull fracture, bleeding in the brain, multiple rib fractures and a broken scapula.
As Ramone continued to beat John Doe, a second victim, identified in court records as Jane Doe, attempted to protect John Doe by laying atop him. Ramone continued swinging the metal bar, hitting Jane Doe, causing her serious injuries including a left elbow fracture and cutting her scalp. Both victims were taken to Gallup Indian Medical Center for treatment, and John Doe’s injuries were so severe he was flown to the University of New Mexico Hospital for emergency care.
The assaults occurred outside John Doe’s residence on the Navajo Nation in McKinley County, New Mexico.
Upon his release from prison, Ramone will be subject to 3 years of supervised release.
The case was investigated by the Gallup Resident Office of the FBI and the Crownpoint Office of the Navajo Nation Division of Public Safety. Assistant U.S. Attorney Allison Jaros prosecuted the case.
NCMEC CyberTipline Report Leads to 19 Year Sentence for Recipient of Child PornographyRead the Press Release
GREENSBORO, N.C. - Gene Legrand Hickman, Jr. of Moore County, age 63, was sentenced today to 228 months in prison for receiving child pornography. Hickman is also subject to lifetime supervision upon release.
According to court documents, in February 2018, Hickman engaged in sexually explicit chats on Instagram with a 15-year-old boy and a second individual purporting to be a 14-year-old boy. During one of the chats, Hickman revealed that he had engaged in sexual activity with a minor boy on multiple occasions. Hickman also favorably discussed the sexual abuse of boys with another Instagram user who claimed to have sexually exploited multiple minors. Facebook, Inc., the owner of Instagram, reported the conduct to the National Center for Missing and Exploited Children (NCMEC). The following month, Facebook, Inc. reported a second Instagram account used by Hickman to NCMEC because it contained a child pornography image depicting an adult male engaging in a sex act with two prepubescent boys. NCMEC issued CyberTipline reports concerning Hickman’s accounts. The reports were routed to the Moore County Sheriff’s Office.
In June 2018, Moore County investigators executed a warrant at Hickman’s residence and recovered four devices that, in total, contained hundreds of child pornography files. Moore County investigators obtained the contents of Hickman’s Instagram accounts from Facebook, Inc. The records revealed additional similar behavior concerning the sexual exploitation of minors and claims by Hickman that he sexually molested multiple minors.
In December 2019, Moore County and North Carolina State Bureau of Investigation investigators executed a second warrant at Hickman’s residence. Investigators found Hickman’s unlocked phone and a manual search of the device revealed that Hickman had used a heavily encrypted messaging application to send and receive child pornography files. Hickman admitted that he engaged in sexual activity with a minor boy on multiple occasions over a period of years. The Federal Bureau of Investigation then adopted the case for further investigation and federal prosecution.
According to its website, NCMEC’s CyberTipline is the nation’s centralized reporting system for the online exploitation of children. The public and electronic service providers can make reports of suspected online enticement of children for sexual acts, child sexual molestation, child sexual abuse material, child sex tourism, child sex trafficking, unsolicited obscene materials sent to a child, misleading domain names, and misleading words or digital images on the internet. https://www.missingkids.org/gethelpnow/cybertipline.
The Moore County Sheriff’s Office and Federal Bureau of Investigation are both members of the North Carolina Internet Crimes Against Children (ICAC) Task Force. The Task Force is led by the North Carolina State Bureau of Investigation (SBI) Computer Crimes Division. https://www.ncsbi.gov/Divisions/Field-Operations/Computer-Crimes. According to the SBI, NCMEC CyberTipline reports have increased dramatically as follows:
Year - NCMEC CyberTipline Reports to North Carolina
- 2016 - 2511
- 2017 - 3258
- 2018 - 4737
- 2019 - 4893
- 2020 - 9308
- 2021 - >11,000*
*Estimated based on reports to date: 5375 as of June 18, 2021.
This case was prosecuted by Assistant United States Attorney Eric L. Iverson. It was brought as part of Project Safe Childhood, a nationwide initiative by the Department of Justice to combat online child sexual exploitation and abuse. Led by United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
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Milton Man Sentenced for Bank Fraud ConspiracyRead the Press Release
BOSTON – A Milton man was sentenced in federal court in Boston today in connection with a scheme involving the use of false identification documents to obtain funds from bank customers’ accounts.
Fesnel Lafortune, 32, of Milton, was sentenced by U.S. District Court Senior Judge Douglas P. Woodlock to 31 months in prison and five years of supervised release. Lafortune was also ordered to pay approximately $200,000 in restitution. In November 2019, Lafortune pleaded guilty to one count of conspiracy to commit bank fraud and one count of aggravated identity theft.
In April 2017, co-conspirators accessed the account of a Santander Bank customer using fraudulent identification documents and withdrew approximately $350,000 in the form of official bank checks and cash. Lafortune deposited one of these checks, in the amount of $175,500 into a sham business bank account he had opened using a false identity. Within days of depositing the check, Lafortune withdrew nearly $30,000 in cash in three separate transactions at three different bank branches. In June 2017, Lafortune used a second false identity to open business bank accounts in the name of another fictitious entity, into which co-conspirators wired more than $200,000 in fraudulently-obtained funds. The loss to banks and individual bank customers totaled approximately $200,000.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division; and Joshua McCallister, Acting Inspector in Charge of the U.S. Postal Inspection Service made the announcement. Assistant U.S. Attorney Leslie A. Wright of Mendell’s Securities, Financial & Cyber Fraud Unit prosecuted the case.
Middle Georgia Doctor Pleads Guilty to Unlawfully Prescribing OpioidsRead the Press Release
MACON, Ga. – Hours before his federal trial on charges that he had illegally dispensed prescription opioids was scheduled to begin, Dr. Thomas Sachy admitted his guilt and was taken into federal custody.
Dr. Thomas H. Sachy, 57, of Gray, Georgia, pleaded guilty to one count unlawful dispensation and distribution of controlled substances, specifically lisdexamfetamine and oxycodone, before U.S. District Judge Tilman E. “Tripp” Self on Monday, June 21. According to the terms of his plea agreement, Sachy faces up to 97 months in federal prison to be followed by a minimum of three years of supervised release. There is no parole in the federal system. In addition, Sachy agreed to forfeit approximately $833,000 in currency and real property, to include his medical office building. Furthermore, Sachy agreed that while serving his federal sentence, to include supervised release, he would not: (1) engage in the medical practice of pain management; (2) treat anyone for pain; or (3) seek to reinstate his DEA license to prescribe controlled substances.
Following the entry of his guilty plea, Sachy was taken into federal custody pending his sentencing. Sentencing has been scheduled for September 7.
According to court documents, Sachy now admits he did knowingly and intentionally dispense and distribute, and cause to be dispensed and distributed, lisdexamfetamine and oxycodone, Schedule II controlled substances, by issuing prescriptions not for a legitimate medical purpose and not in the usual course of professional practice.
This case is part of a National Health Care Fraud and Opioid Takedown announced by the Department of Justice on June 28, 2018.
This case was investigated by the United States Drug Enforcement Agency (DEA) Tactical Diversion Squad-Atlanta Division Office, with assistance from the DEA Macon Regional Office, Department of Justice’s Document and Media Exploitation Program, Georgia Bureau of Investigation-Division of Forensic Services, Georgia Drug and Narcotic Agency and the Georgia Department of Community Supervision.
Assistant U.S. Attorneys Shanelle Booker and Robert McCullers are prosecuting the case.
Mid-Level Distributor for DS44 Drug Gang Sentenced to 10 YearsRead the Press Release
PITTSBURGH - A resident of Pittsburgh has been sentenced in federal court to 10 years’ imprisonment and eight years’ supervised release on his conviction of drug trafficking charges related to a large-scale investigation conducted by the Greater Pittsburgh Safe Streets Task Force, Acting United States Attorney Stephen R. Kaufman announced today.
United States District Judge William S. Stickman, IV, imposed the sentence on Martel Yates, age 30, of Pittsburgh, Pennsylvania.
According to information presented to the court, in 2017, the Greater Pittsburgh Safe Streets Task Force initiated an investigation primarily targeting the Darccide/Smash 44, or DS44, neighborhood gang, and its drug-trafficking activity, in and around the South Side area of Pittsburgh. As part of this large-scale narcotics and firearms investigation, in February of 2019, the United States received authorization to intercept the wire communications of several of the suspected members of the organization, which continued through June of 2019. In addition to identifying communications about drug trafficking between Yates, a mid-level distributor within the organization, and many of his coconspirators, agents made numerous seizures of fentanyl, heroin, and other drugs from members of the organization, as well as maintained critical physical surveillance of drug-trafficking activities.
Yates pleaded guilty to conspiracy to distribute more than 40 grams of fentanyl and other Schedule I and II controlled substances. He had at least one prior serious drug felony conviction.
Prior to imposing sentence, Judge Stickman stated that Yates was responsible for the distribution of significant quantities of opiates and the harm to the community that stems from such distribution. He offered that a 10-year term of imprisonment was appropriate given Yates’s criminal history and his conduct in this case.
Assistant United States Attorneys Carolyn J. Bloch and Brendan J. McKenna prosecuted this case on behalf of the government.
The Federal Bureau of Investigation led the multi-agency investigation of this case, which also included the Bureau of Alcohol Tobacco Firearms and Explosives, Allegheny County Adult Probation, Allegheny County Police Department, Allegheny County Sheriff’s Office, Pennsylvania Attorney General’s Office Bureau of Narcotics, Pittsburgh Bureau of Police, and the Wilkinsburg Police Department. Other assisting agencies include the Green Tree Police Department, New York City Police Department, Mount Oliver Police Department, Pennsylvania State Police, Yonkers Police Department, United States Marshals Fugitive Task Force, and the United States Postal Inspection Service.
This prosecution is a result of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles high-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten communities throughout the United States. OCDETF uses a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Maryland Man Pleads Guilty in Federal Court to Threatening 2020 Democratic Candidates for President and Vice President, Joe Biden and Kamala Harris, and Their Supporters During the CampaignRead the Press Release
Baltimore, Maryland – James Dale Reed, age 42, of Frederick, Maryland, pleaded guilty today to the federal charge of threats to a major candidate for President or Vice President—specifically, making threats against then-former Vice President Joe Biden and Senator Kamala Harris. A federal criminal complaint for the same charge was filed against Reed on October 21, 2020 and he was convicted of related state charges in Frederick County Circuit Court.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner and Special Agent in Charge Bo Keane of the United States Secret Service - Baltimore Field Office.
“Making threats against candidates and fellow citizens for their political beliefs undermines our democracy and will not be tolerated,” said Acting U.S. Attorney Jonathan F. Lenzner. “This case reflects our commitment to holding accountable anyone who seeks to intimidate, harass or dissuade Americans from exercising their right to vote and to peacefully support the candidate of their choice.”
According to his guilty plea and court documents, on October 4, 2020, a letter threatening candidates for President and Vice President—specifically, then-former Vice President Joe Biden and then-Senator Kamala Harris—with physical harm and execution, was left on the doorstep of a resident in Frederick in the early morning hours. The letter also stated, “…if you are a Biden/Harris supporter you will be targeted. We have a list of homes and addresses by your election signs. We are the ones with those scary guns. We are the ones your children have nightmares about…” The resident had several signs in the yard supporting the candidates threatened in the letter. The likeness of the subject delivering the letter was captured by a door camera and was subsequently identified as Reed.
Investigators learned that Reed had firearms registered to him, including an M4/AR-15 and a 9mm pistol. On October 15, 2020, investigators contacted Reed at his residence and requested elimination palm prints and a more extensive handwriting sample. Reed consented and complied with both requests. Law enforcement then advised Reed of his Miranda rights, which he voluntarily waived. Investigators audio-recorded the waiver and all subsequent questioning. During the interview, Reed admitted that he wrote the letter and delivered it to the first house he saw that had multiple Democratic political signs because he was upset at the political situation.
Following the interview, law enforcement obtained an Extreme Risk Protective Order (ERPO) to seize Reed’s firearms based on misdemeanor charges of voter intimidation and threats of mass violence, and a search warrant for the clothing items visible on the video surveillance. That same evening, law enforcement conducted the search of Reed’s house. The search was limited primarily to the “back room” where Reed stated his guns and military equipment were located. The “back room” that Reed referred to was full of U.S. Army paraphernalia, including many pairs of military-issue uniforms, helmets, plate carriers, and bags/packs. Two grenades without blast caps were also found. The room resembled a U.S. military outpost bunker containing a voluminous supply of maps, books, and documents related to military strategy and history. Law enforcement seized: a Smith & Wesson 9VE handgun; a JC Higgins 20-12 Gauge rifle; a .223 caliber Bushmaster XM15-E25; a Hi Point 995 handgun; and approximately eight ammunition cans with 5.56 and 9mm ammunition and AR-15 carbine magazines. In addition, a military-style “go-bag” was seized along with the jacket Reed wore when he delivered the threatening letter.
As part of his plea agreement, Reed has agreed to waive his interest in the firearms and ammunition.
Reed faces a maximum sentence of five years in federal prison. U.S. District Judge Ellen L. Hollander has scheduled sentencing for Reed on July 27, 2021, at 4:00 p.m.
Acting United States Attorney Jonathan F. Lenzner commended the U.S. Secret Service for its work in the investigation and thanked the Frederick Police Department for its assistance. Mr. Lenzner thanked Assistant U.S. Attorneys James G. Warwick and Joan C. Mathias, who are prosecuting the case.
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Mark Mayo Sentenced to Federal Prison for Drug TraffickingRead the Press Release
Hagatña, Guam – SHAWN N. ANDERSON, United States Attorney for the Districts of Guam and the Northern Mariana Islands, announced that defendant Mark Mayo, age 43, from Barrigada, Guam, was sentenced in the United States District Court of Guam to 120 months imprisonment for Conspiracy to Distribute Fifty or More Grams of Methamphetamine Hydrochloride and Attempted Possession of Methamphetamine Hydrochloride with Intent to Distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. The Court also ordered 5 years of supervised release following imprisonment and a mandatory $200 special assessment fee. In addition, defendants convicted of a federal drug offense may no longer qualify for certain federal benefits.
On May 10, 2018, the United States Postal Inspection Service discovered a parcel of mail that contained suspected methamphetamine. Joseph R. Roman II subsequently claimed the package at the Barrigada Post Office. Roman then entered a car driven by Daniel Topasna Pangelinan. Surveillance units observed Roman dispose of the package behind a shelter in Dededo. Law enforcement retrieved the package and detained Roman and Pangelinan. Pangelinan later stated that Mark Mayo was supposed to pick up the discarded package and deliver it to Lovelia Mendoza. Soon after the package was discarded, Mayo called Pangelinan and said that the “feds” got the package. Messages on Pangelinan’s phone corroborated his version of events.
On February 10, 2021, a federal jury found Mayo guilty as charged. The evidence revealed that the package contained 418.7 grams of methamphetamine hydrochloride with a 98% purity.
U.S. Attorney Anderson stated, “Our office is committed to aggressively prosecuting drug offenses in Guam and the CNMI. Substantial penalties, including mandatory minimum terms of imprisonment, apply to many of these crimes. Considering the effects of methamphetamine on our communities, we must make every effort toward deterrence and accountability.”
FBI Honolulu Special Agent in Charge (SAC) Steven Merrill said, “Drugs have a detrimental impact in the community of Guam and we will not cede our communities to drug traffickers who have no regard for the harm they bring into our neighborhoods. The FBI Honolulu Division, Guam Resident Agency is dedicated to identifying and investigating individuals engaged in narcotics trafficking and holding them accountable. We will continue to work with our partners such as the U.S. Postal Inspection Service, the Department of Homeland Security Investigations, and the United States Attorney’s Office in our collective efforts to identify, investigate and prosecute narcotics traffickers, and make our communities safer.”
This case was a result of a joint investigation by the Federal Bureau of Investigation, United States Postal Inspection Service, and Homeland Security Investigations. The case was prosecuted by Laura C. Sambataro, Assistant United States Attorney in the District of Guam.
Man from Albuquerque sentenced to 15 years in federal prison for attempted robberyRead the Press Release
ALBUQUERQUE, N.M – Israfil Madriaga, 23, of Albuquerque, was sentenced on June 16 in federal court to 15 years and nine months in prison for attempted interference with commerce by robbery and violence, using, carrying and discharging a firearm in furtherance during and in relation to a crime of violence and possessing a firearm in furtherance of such crime.
Madriaga pleaded guilty to these offenses on June 12, 2019. According to the plea agreement and other court documents, on or about Oct. 6, 2017, Madriaga entered a Chervon gas station in Bernalillo County, New Mexico, armed with the intent of robbing it. Madriaga pointed his firearm at an employee and demanded money from the cash register. In fear for his life, the victim lunged at Madriaga in an attempt to take away the firearm, and Madriaga shot the victim. Madriaga then pointed his weapon at the victim and ordered him to open the cash register. The victim, who lay seriously injured and bleeding on the floor, was unable to open the register. After failing to open the cash register himself, Madriaga fled the gas station. The victim required immediate surgery and was hospitalized for 21 days due to the gunshot injury inflicted by Madriaga.
Upon his release from prison, Madriaga will subject to three years of supervised release.
The Bureau of Alcohol, Tobacco, Firearms and Explosives, FBI, Bernalillo County Sheriff’s Office, Albuquerque Police Department and Rio Rancho Police Department investigated this case. Assistant U.S. Attorneys Eva M. Fontanez and Niki Tapia-Brito prosecuted the case.
Laurel Man Pleads Guilty in Maryland to Federal Charge of Receipt of Child PornographyRead the Press Release
Greenbelt, Maryland – Barry Thomas Goldsborough, age 52, of Laurel, Maryland, pleaded guilty today to a federal charge for receipt of child pornography and to violating his federal supervised release for two previous federal sex offense convictions for attempting to entice a minor to engage in sexual activity and for possession of child pornography. Goldsborough has been detained since his initial appearance in U.S. District Court in Maryland on September 23, 2020.
The guilty plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge James R. Mancuso of Homeland Security Investigations (HSI) Baltimore; Colonel Woodrow W. Jones III, Superintendent of the Maryland State Police; and Chief Malik Aziz of the Prince George’s County Police Department.
According his plea agreement, on April 8, 2019, Yahoo sent a CyberTipline Report to the National Center for Missing and Exploited Children (NCMEC) that an email account associated with Goldsborough had uploaded 181 files of suspected child pornography to his Yahoo account. Law enforcement subsequently reviewed the 181 files and determined that approximately 70 of the 181 files were considered child pornography.
On November 19, 2019, law enforcement executed a search warrant at Goldsborough’s residence in Laurel and seized several electronic devices. A review of one of the devices revealed one image of child pornography. Law enforcement subsequently obtained a search warrant for Goldsborough’s email address, which revealed that Goldsborough sent and received multiple images of child pornography. For example, on January 27, 2018, Goldsborough received an image of child pornography from another email address. Goldsborough responded to the sender, indicating that he liked young girls between eight and 14 years old. Goldsborough also claimed to have had sex with an 11-year-old girl.
Law enforcement also obtained a search warrant for an Internet storage account associated with Goldsborough’s email address. A review of the records found approximately 26 videos documenting the sexual abuse of children.
Goldsborough has two prior federal sex offense convictions involving minor children. Specifically, a prior conviction for attempted enticement of a minor to engage in illegal sexual activity in the United States District Court for the Middle District of Tennessee and a prior conviction for possession of child pornography in the United States District Court for the District of Maryland. Goldsborough was serving a 72-month term of federal supervised release from those two prior federal convictions at the time he committed the instant offense. . As part of his plea agreement, Goldsborough acknowledged that he will be required to continue to register as a sex offender in the places where he resides, is an employee, and is a student, pursuant to the Sex Offender Registration and Notification Act (SORNA), and the laws of his state of residence. Goldsborough will also be required to pay an additional special assessment of $5,000.
Goldsborough and the government have agreed that, if the Court accepts the plea, Goldsborough will be sentenced to 15 years in federal prison for receipt of child pornography and a consecutive sentence of between 15 and 21 months in federal prison for multiple violations of his federal supervised release. U.S. District Judge George J. Hazel has scheduled sentencing for October 20, 2021, at 10:00 a.m.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division's Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc. For more information about Internet safety education, please visit www.justice.gov/psc and click on the "Resources" tab on the left of the page.
For information about the Maryland U.S. Attorney’s Office’s priorities regarding Project Safe Childhood, visit https://www.justice.gov/usao-md/project-safe-childhood. For more USAO-MD information about internet safety for children, visit https://www.justice.gov/usao-md/community-outreach.
Acting United States Attorney Jonathan F. Lenzner commended HSI, Maryland State Police Internet Crimes Against Children Task Force, and the Prince George’s County Police Department for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Leah B. Grossi, who is prosecuting the federal case.
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Lathrup Village Doctor Sentenced for Diverting Prescription Pills and Committing Health Care FraudRead the Press Release
DETROIT - A Lathrup Village doctor was sentenced today to 120 months in federal prison on charges of conspiracy and unlawful controlled substance distribution, Acting United States Attorney Saima Mohsin announced. Afzal Beemath was also ordered to pay $20,000. fine
Mohsin was joined in the announcement by Special Agent in Charge Timothy Waters of the FBI’s Detroit Field Office and Special Agent in Charge Lamont Pugh III of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG) Chicago Regional Office.
Sentenced was Dr. Afzal Beemath, 45.
According to court records, Dr. Afzal Beemath pleaded guilty on September 30, 2019 to twenty (20) counts charged in a first superseding indictment, involving a conspiracy to illegally distribute highly addictive opioids. The evidence revealed that from January 2013 through October 2018, Beemath, who owned and operated Afzal Beemath, M.D., P.C., which was marketed as a palliative care clinic in Lathrup Village, Michigan, prescribed thousands of dosages units of controlled substances, including Oxycodone, and Oxymorphone. Beemath issued these prescription drugs outside the course of professional medical practice and without any legitimate medical need for the drugs so that they could be sold on the illegal street market.
Oxycodone and Oxymorphone are two of the most diverted controlled substances in our area. They are extremely powerful, addictive and in the opioid class that is easily abused, and can lead to addiction and eventual heroin use. Michigan has seen devastating statistics relating to opioid drug overdoses in the last five years.
This case was prosecuted by Assistant United States Attorneys Regina R. McCullough and Brandy R. McMillion as part of the district’s efforts to address the nation’s opioid crisis. The Eastern District of Michigan is one of twelve districts included in the Attorney General’s Opioid Fraud Abuse and Detection initiative. The case was investigated by special agents of the Federal Bureau of Investigation and the U.S. Department of Health and Human Services Office of Inspector General.
Laplace Man Pleads Guilty to Violations of the Federal Controlled Substances and Gun Control ActsRead the Press Release
NEW ORLEANS, LA – U.S. Attorney Duane A. Evans announced today that ELI JUAN MOORE, age 25, a resident of LaPlace, Louisiana, pleaded guilty on June 17, 2021 to an Indictment. In Count One, MOORE pled guilty to conspiracy to distribute and possess with the intent to distribute a quantity of a mixture or substance containing heroin. In Count Five, MOORE pled guilty to distributing a quantity of a mixture or substance containing heroin. In Count Seven, MOORE pled guilty to being a convicted felon in possession of a firearm.
According to court documents, in January 2019, MOORE sold heroin to a confidential informant and in May 2019, MOORE possessed an FM Hi-Power Model Detective, nine-millimeter caliber semi-automatic pistol during a search of his residence.
The Honorable District Court Judge Mary Ann Vial Lemmon will sentence MOORE on October 7, 2021. MOORE faces a maximum sentence of up to twenty years of imprisonment, a fine up to $1,000,000.00, a period of supervised release not less than three years, and a mandatory assessment fee of $100.00, as it relates to Counts One and Five. MOORE faces a maximum sentence of ten years imprisonment, a fine of up to $250,000.00, up to three years of supervised release, and a mandatory assessment fee of $100.00 as to it relates to Count Seven.
The case was investigated by the U.S. Drug Enforcement Administration and the St. John the Baptist Parish Sheriff’s Office. Assistant United States Attorney Bayonle Osundare is prosecuting the matter.
KC Man Sentenced to 15 Years for Illegal Firearms, Drug TraffickingRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was sentenced in federal court today for drug trafficking and illegally possessing firearms that were linked to several shootings.
Marck E. Fristoe, 28, was sentenced by U.S. District Judge Greg Kays to 15 years in federal prison without parole.
On Sept. 9, 2020, Fristoe pleaded guilty to one count of being a felon in possession of a firearm, one count of possessing crack cocaine with the intent to distribute, and one count of possessing a firearm in furtherance of a drug-trafficking crime.
Kansas City police officers attempted to arrest Fristoe on an outstanding warrant on April 5, 2019. Fristoe, while under surveillance, left the Falcon Point Apartment Complex and got into the passenger seat of a Ford Fusion. Officers attempted a traffic stop, but the Fusion fled, leading officers in a pursuit at speeds over 100 miles per hour. The Fusion swerved in and out of traffic, and forced other drivers off the road.
When the Fusion pulled over near I-29 and Northeast Davidson Road, the driver and Fristoe were placed in custody. Officers found a backpack on the floorboard of the rear passenger seat that contained a loaded Micro Draco 7.62x39mm pistol with a full 30-round extended magazine, 85 live rounds of ammunition, 10 individually-wrapped baggies that contained a total of at least 5.6 grams of crack cocaine, two digital scales, and a pipe.
Investigators with the Kansas City, Missouri Police Department’s Crime Gun Intelligence Center and the KCPD Crime Lab determined that the Micro Draco pistol had been preliminarily linked in two earlier shootings in March 2019. On March 27, 2019, several bullets were fired into an occupied house in Kansas City, Mo., and nine shell casings were recovered. On March 30, 2019, officers responded to a shooting report between cars in a roadway near 13th Street and Quindaro Blvd. in Kansas City, Kansas. Officers recovered 12 shell casings from the scene.
Fristoe also admitted that he was in possession of a different firearm three days after it was preliminarily linked to shell casings recovered at a scene where a house occupied by several people, including four children, was shot into on Aug. 15, 2018. Police officers recovered four 9mm shell casings from the roadway in front of the house. A witness told officers that Fristoe had been in possession of a black handgun with an extended magazine when he threatened her and assaulted her two days earlier. According to court documents, the witness said Fristoe opened her car door, hit her in the face, and choked her into unconsciousness. Officers located Fristoe on Aug. 18, 2018. He was carrying a backpack that contained a loaded Taurus 9mm pistol with an extended magazine. Investigators determined that the spent shell casings from the house were fired from the pistol in Fristoe’s backpack.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Fristoe has a prior felony conviction for aggravated battery after shooting into an occupied car.
This case was prosecuted by Assistant U.S. Attorney Sean T. Foley. It was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives and the Kansas City, Mo., Police Department.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
KC Man Sentenced to 10 Years for Illegal FirearmRead the Press Release
KANSAS CITY, Mo. – A Kansas City, Missouri, man was sentenced in federal court today for illegally possessing a firearm.
Kenneth E. Barbee Jr., 34, was sentenced by U.S. District Judge Roseann Ketchmark to 10 years in federal prison without parole.
On Sept. 23, 2020, Barbee was found guilty at trial of being a felon in possession a firearm.
Detectives with the Kansas City, Mo., Police Department were conducting surveillance on Barbee on March 18, 2020, when he left his residence in a vehicle driven by his girlfriend. After officers stopped the vehicle, the driver attempted to pull away from officers but was forced to stop when officers used their vehicles to block their escape.
When Barbee and the driver were ordered out of the vehicle, officers saw a loaded Palmetto State Armory AR pistol and a loaded CZ 9mm handgun on the front passenger floorboard. The driver of the vehicle had an SCCY 9mm handgun in her waistband.
Under federal law, it is illegal for anyone who has been convicted of a felony to be in possession of any firearm or ammunition. Barbee has a prior felony conviction for assault, a prior felony conviction for domestic assault, two prior felony convictions for receiving stolen property, and a prior felony conviction for robbery. The robbery involved a violent attack, according to court documents, in which Barbee struck the victim in the face and on the head with a gun after she tried to resist his co-defendant’s efforts to rob her. After beating the victim with his gun, Barbee stole her money, dragged her out of the vehicle, then fled from the scene. Barbee was on absconder status in connection with the robbery when he committed this federal offense.
According to court documents, Barbee also was disciplined while incarcerated at Core Civic Leavenworth for his possession of two homemade metal weapons recovered from under his mattress.
This case was prosecuted by Assistant U.S. Attorneys Mary Kate Butterfield, Patrick Edwards, and Gregg Coonrod. It was investigated by the Kansas City, Mo., Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Project Safe Neighborhoods
The U.S. Attorney’s Office is partnering with federal, state, and local law enforcement to specifically identify criminals responsible for significant violent crime in the Western District of Missouri. A centerpiece of this effort is Project Safe Neighborhoods, a program that brings together all levels of law enforcement to reduce violent crime and make neighborhoods safer for everyone. Project Safe Neighborhoods is an evidence-based program that identifies the most pressing violent crime problems in the community and develops comprehensive solutions to address them. As part of this strategy, Project Safe Neighborhoods focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
Jury convicts Houstonian in human smuggling conspiracyRead the Press Release
VICTORIA, Texas – A federal jury has convicted a 31-year-old Houston man for conspiring to smuggle undocumented citizens within the United States, announced Acting U.S. Attorney Jennifer B. Lowery.
The jury deliberated for less than two hours before convicting Francisco Javier Lapop aka Chico following a two-day trial.
During the trial, jurors heard testimony that Lapop arranged multiple trips to transport non-citizens who illegally crossed into the United States. During each transportation, Lapop’s associates drove the individuals in a box truck bearing counterfeit commercial logos. They traveled from a south Texas stash house to Houston where Lapop paid his associates.
The jury also heard he recruited others, including his brother, to assist in the crime. The investigation revealed the conspiracy spanned November 2019 to April 2021 and involved dozens of undocumented individuals.
The defense attempted to convince the jury the evidence was insufficient to prove Lapop was a member of the conspiracy. They ultimately did not believe those claims and convicted him as charged.
U.S. District Judge Drew B. Tipton presided over trial and set sentencing for Sept. 16. At that time, Lapop faces up to 10 years in federal pison and a possible $250,000 maximum fine.
Lapop was permitted to remain on bond pending that hearing.
Homeland Security Investigations conducted the investigation with assistance from Kleberg County Attorney’s Task Force. Assistant U.S. Attorneys Yifei Zheng and Dennis E. Robinson are prosecuting the case.
Juneau Man Sentenced to 10 Years in Federal Prison for Drug TraffickingRead the Press Release
JUNEAU – A Juneau man was sentenced by Chief U.S. District Judge Timothy M. Burgess to 10 years in federal prison followed by five years of supervised release for possession with intent to distribute methamphetamine, heroin and cocaine.
According to court documents, Kevin Leonard-Kinney, 45, pleaded guilty in May 2019 to trafficking methamphetamine, heroin and cocaine to Alaska and distributed in the Juneau area between May and August 2018. Records indicate that in addition to personally carrying illegal drugs on multiple flights between California and Alaska, Leonard-Kinney conspired with Jennifer Greenberg, 45, of California, and Chantal Epstein, 31, of Alaska to use the United States Postal Service to transport drugs.
Epstein accepted parcels of illegal drugs at her residence in Juneau for Leonard-Kinney which were sent from California by Greenberg. In August 2018, U.S. Postal Inspectors identified a suspicious package and a drug detection canine positively identified the scent of controlled substances in the package. A search of the package revealed a speaker containing 1,351 gross grams of methamphetamine, 159.43 gross grams of heroin and 28.8 gross grams of cocaine. Law enforcement removed the original narcotics and inserted representative samples into the parcel along with two tracking and monitoring devices. Surveillance teams followed and observed the package being picked up by Epstein and given to Leonard-Kinney who in turn drove around town and then left it in his parked vehicle. Hours later Epstein removed the package and took it to Leonard-Kinney’s hotel room. Law enforcement entered the room and placed Leonard-Kinney and Epstein into custody. During a search of the hotel room, officers found methamphetamine, heroin, cocaine, drug paraphernalia and more than $40,000 in cash. They also found multiple firearms including five pistols, an AR-15 rifle, numerous rounds of ammunition and magazines. After obtaining a search warrant for Epstein’s residence, officers found additional drugs and cash.
In separate hearings on related charges, Epstein was sentenced to five years in federal prison and five years of supervised release; and Greenberg was sentenced to two years in federal prison and five years of supervised release.
“Illicit narcotics are a cancer in our society and many Southeast communities have suffered at the hands of this epidemic for years,” said Acting U.S. Attorney Bryan Wilson of the District of Alaska. “The trail of destruction caused by the distribution and use of methamphetamine and heroin in communities like Juneau has been particularly devastating. We take drug trafficking crimes very seriously and will continue to vigorously prosecute traffickers for their illegal actions.”
“The U.S. Postal Inspection Service remains steadfast in our commitment to investigate any criminal use of the U.S. Mail, and the shipment of illegal narcotics remains one of our highest priorities,” said Inspector in Charge Anthony Galetti, “the actions of these defendants have untold harm on the Alaskan community, and now they will be held accountable. We thank the USAO and our local partners for their assistance in bringing these defendants to justice.”
The Southeast Alaska Cities Against Drugs Task Force (SEACAD) investigated the case. SEACAD is a proactive task force comprised of law enforcement officers from the Juneau, Petersburg, Sitka, Haines, Craig, Wrangell, Cordova, Hoonah, Ketchikan, Skagway and Yukutat police departments, Alaska State Troopers, Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), U.S. Postal Inspection Service (USPIS) and U.S. Coast Guard Investigative Service whose primary goal is to reduce illegal drug trafficking in Southeast Alaska. It is a cooperative agreement in which all Southeast cities, the Alaska State Troopers and Federal Law Enforcement partners have agreed to pool resources and collaborate to combat drug trafficking and distribution anywhere in Southeast Alaska. Tips can be submitted online at http://juneaucrimeline.com/
Assistant U.S. Attorney Jack Schmidt 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.
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Joint Statement on Portland Police Bureau's Rapid Response TeamRead the Press Release
PORTLAND, Ore.—Scott Erik Asphaug, Acting U.S. Attorney for the District of Oregon, and Kieran L. Ramsey, Special Agent in Charge of the FBI in Oregon, have the issued the following joint statement following the resignation of members of the Portland Police Bureau’s Rapid Response Team.
“Communities across the nation have endured many challenges over the past year as they attempt to address racial inequities in the wake of the murder of George Floyd. In Portland, those challenges included large and sometimes violent demonstrations that strained our local resources and repeatedly placed officers in the difficult position of policing large and sometimes hostile crowds. As law enforcement officials, we recognize that community members and law enforcement officers alike are responsible for their conduct and that our judicial system is designed to address wrongdoing equally, whether by community members or law enforcement officers.
Like all Portlanders, we are proud of our community’s long history of peaceful civic activism and free speech. We are also proud of the federal, state, and local law enforcement officers who continue to respond to Portland demonstrations to ensure all community members can exercise their First Amendment rights safely and without the threat of violence. We urge community members to join law enforcement in helping to ensure all future demonstrations remain peaceful and inclusive.”
Joint EU-U.S. Statement Following the EU-U.S. Justice and Home Affairs Ministerial MeetingRead the Press Release
On 22 June 2021, the Portuguese Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Lisbon. The United States was represented by the Secretary for Homeland Security Alejandro N. Mayorkas, and by Deputy Assistant Attorney General and DOJ Counselor for International Affairs Bruce Swartz. The European Union, hosting the meeting, was represented by the Vice-President of the European Commission Margaritis Schinas, the Commissioner for Justice Didier Reynders, the Commissioner for Home Affairs Ylva Johansson, as well as the Portuguese Ministers for Justice Francisca Van Dunem and for Home Affairs Eduardo Cabrita, on behalf of the current Presidency of the Council of the European Union. The incoming Presidency of the Council was represented by the Slovenian Minister of the Interior Aleš Hojs.
The meeting in Lisbon was an opportunity to reaffirm the commitment of the European Union and the United States to work together and renew the transatlantic partnership at a time of major challenges for our societies. The two sides concurred that cooperation on Justice and Home Affairs remains crucial, as we gradually emerge from the COVID-19 pandemic. They further underscored their mutual commitment to uphold democracy and the respect for the rule of law.
The United States and the European Union will continue their joint efforts and work together to address and combat existing and emerging threats that affect our societies. Terrorism in all its forms remains a top security threat for the United States and the European Union, requiring prevention, permanent vigilance, adaptation and resilience from all relevant actors. Both sides praised the operational work and information exchange between EU agencies and U.S. law enforcement and judicial authorities to combat terrorism and serious and organised crime. Examples of such work were presented.
The United States and the European Union expressed their strong concern with the rise of violent extremism, as well as crimes inspired by hate speech, racism and xenophobia both in Europe and the United States. Violent extremism represents a direct threat to our democratic societies and deserves renewed attention by law enforcement, judicial authorities, the private sector and civil society. The United States and the European Union will pursue and expand their information exchanges on violent extremist groups, in particular, those with transnational linkages.
The United States and the European Union stressed the importance of Passenger Name Record (PNR) data exchange as a key instrument to prevent, detect, investigate and prosecute terrorism, combat serious crime, including child exploitation, and protect the safety of citizens, as supported by the recent joint evaluation of the PNR Agreement between the European Union and the United States. Both sides expressed their mutual commitment to the continued exchange of PNR data while respecting privacy requirements, and to work together on the findings and recommendations of the joint evaluation, in an open, swift and constructive way.
The United States and the European Union acknowledged the need to cooperate and shape a digital future based on our shared democratic values. The United States and the European Union acknowledged the potential benefits and risks of using Artificial Intelligence technologies for law enforcement and the judiciary. They also reaffirmed their dedication to develop and use such technologies in a trustworthy manner in conformity with human rights obligations. They further exchanged views on current and upcoming European Union efforts on tackling illegal content online, including the need to improve the cooperation between the authorities and online platforms to detect ongoing criminal activity. The United States and the European Union commit to continue to work together on how law enforcement and judicial authorities can most effectively exercise their lawful powers to combat serious crime both online and offline. They agreed on the importance of together combating ransomware, including through law enforcement action, raising public awareness on how to protect networks, as well as the risk of paying the criminals responsible, and to encourage those states that turn a blind eye to this crime to arrest and extradite or effectively prosecute criminals on their territory.
As regards bilateral and multilateral instruments to facilitate the fight against cybercrime, the United States and the European Union restated their commitment to negotiate as soon as possible an EU-U.S. agreement facilitating access to e-evidence for the purpose of cooperation in criminal matters. Both sides also welcomed the recent approval by the Committee of State Parties to the Budapest Convention of the draft text of the Second Additional Protocol of the Budapest Convention, which remains the primary instrument for international cooperation on cybercrime. The United States and the European Union noted with appreciation their very good cooperation in the framework of the negotiations on a possible future United Nations international legal instrument on cybercrime and committed to continue to closely coordinate their respective positions.
The United States and the European Union underlined the importance of well-managed and humane migration and discussed their respective efforts to develop comprehensive and long-lasting migration and asylum policies. Humanitarian protection should always be available to those who qualify for it, while unmeritorious claims must be detected quickly (including through information sharing and modern identity management techniques) and prevented from overwhelming our systems or public confidence in them. This agenda will require cooperation with third countries of origin, transit and destination, which also have a responsibility to discourage people from enlisting smugglers and traffickers and otherwise putting their lives at risk by taking a dangerous, irregular journey. In this context, both sides reaffirmed their interest in expanding the transatlantic dialogue on migration and mobility, with a focus on sharing lessons learned, exploring complementary pathways to migration, addressing the root causes of migration, improving the return and readmission of irregular migrants and enhancing cooperation in combatting migrant smuggling.
The United States and the European Union welcomed the progress made by the four EU Member States that have not yet been designated to the Visa Waiver Program and reiterated their willingness to pursue ongoing efforts in the context of the tripartite process and bilateral discussions.
Finally, the United States and the European Union reiterated their support to ensure safe and secure mobility and continued to exchange information on their respective measures towards the gradual resumption of non-essential international travel. Both sides committed to reinitiate secure travel between the United States and EU Member States as soon as possible, based on the principles of mutual cooperation, efficient operation of the international travel system and scientific evidence.
Reaffirming their joint commitment to advance together towards common solutions in all these areas, the United States and the European Union agreed to meet again in the second half of 2021 in Washington, D.C.
Johnston Man Arrested in Ankeny Explosives InvestigationRead the Press Release
Des Moines, Iowa – A Johnston man was arrested Friday night on criminal charges related to his alleged involvement in the manufacture and possession of an explosive device that was located in 1400 block of SE Waywin Drive in Ankeny on June 9, 2021.
According to court documents, Chad Allen Williams, age 46, of Johnston, unlawfully manufactured and possessed an unregistered explosive device in violation of federal law.
Allen is charged by criminal complaint with possession of an unregistered explosive device in violation of Title 26, United States Code, Section 5861(d), and manufacture of an explosive device in violation of Title 26, United States Code, Section 5861(f). If convicted, Allen faces a maximum penalty of 10 years in prison and/or a $10,000 fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement.
The Ankeny Police Department, State of Iowa Fire Marshall’s Office, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Federal Bureau of Investigation are investigating the case.
A criminal complaint is merely an allegation and the defendant is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Ida Grove Man Pleads Guilty to Meth ConspiracyRead the Press Release
A man who conspired to distribute over 1.5 kilograms of methamphetamine pled guilty June 17, 2021, in federal court in Sioux City.
Cory Mackey, 34, from Ida Grove, Iowa, was convicted of conspiring to distribute methamphetamine.
At the plea hearing, evidence showed that from February 2019 through July 9, 2020, Mackey and others conspired to distribute over 1.5 kilograms of methamphetamine. On January 16, 2020, law enforcement executed a search warrant on Mackey’s home and found approximately 49 grams of methamphetamine, and drug paraphernalia. In July 2020, law enforcement conducted a traffic stop of a vehicle in which Mackey was a passenger. Upon a search of the vehicle, law enforcement discovered over 1.25 kilograms of methamphetamine and over $18,000 in cash. Mackey admitted he planned to distribute some or all of the methamphetamine to other persons.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Mackey remains in custody of the United States Marshal pending sentencing. Mackey faces a mandatory minimum sentence of 10 years’ imprisonment and a possible maximum sentence of life imprisonment, a $10,000,000 fine, and five years up to life of supervised release following any imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by the Iowa Division of Narcotics Enforcement, DCI Laboratory, and Ida County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4004. Follow us on Twitter @USAO_NDIA.
Horizon City Felon Who Posted On-Line Threats Admits to Illegal Possession of Firearms and AmmunitionRead the Press Release
EL PASO – Alex Barron, a 30-year-old Horizon City resident, admitted in federal court today to being a convicted felon in possession of firearms and ammunition.
Appearing before U.S. Magistrate Judge Anne T. Berton this afternoon, Barron pleaded guilty to one count of felon in possession of a firearms and ammunition. According to court documents,
federal authorities executed a series of search warrants on May 8, 2020, including a search warrant for the defendant’s residence, in connection with an investigation into the posting on a social media application the day before of a photograph of an AR-15 style rifle with a caption stating “…#watchoutwalmartimcoming #droplikeflys…” Authorities arrested Barron after recovering an assortment of ammunition and multiple firearms, including one fully automatic firearm equipped with a suppressor.
In court today, the defendant stated his post in which he threatened violence at Walmart was a ploy to attract attention on social media and not to be actually carried out. Barron’s criminal history reveals a 2012 felony conviction for a drug-related offense in El Paso County.
Barron faces up to 10 years in federal prison. Sentencing has yet to be scheduled. Barron has remained in federal custody since his arrest on May 8, 2020.
U.S. Attorney Ashley C. Hoff and Acting Special Agent in Charge Jeffrey Coburn of the FBI’s El Paso Division made today’s announcement.
The FBI, Bureau of Alcohol, Tobacco, Firearms and Explosives, El Paso Police Department and the Texas Department of Public Safety investigated this case. Assistant U.S. Attorney Ian Hanna is prosecuting this 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.
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Heroin Dealer Sentenced to over 7 Years in Federal Prison for Causing Overdose DeathRead the Press Release
WILMINGTON, Del. – United States Attorney David C. Weiss announced that Jose Santana-Gonzalez, 36, of Chester, Pennsylvania was sentenced on June 17 to 87 months in federal prison. Santana-Gonzalez previously pled guilty to distributing heroin containing fentanyl and agreed that his drugs caused the death of a 50-year-old man from New Castle County, Delaware.
According to court documents, Santana-Gonzalez distributed heroin containing fentanyl on August 28, 2018. The victim overdosed and died after ingesting that heroin. When Santana-Gonzalez was arrested in his Chester apartment in December 2018, law enforcement found 150 grams of heroin laced with fentanyl, enough for thousands of retail doses to street-level addicts. At sentencing, United States District Judge Richard G. Andrews granted a motion by the United States to enhance Santana-Gonzalez’s sentence, ultimately imposing over seven years of federal prison time.
U.S. Attorney Weiss commented, “The significant sentence Mr. Santana-Gonzalez received reflects the dangers associated with distributing heroin laced with fentanyl -- which is tantamount to putting poison on the streets of our community. My office will continue to investigate and prosecute those whose deadly drug sales are responsible for overdose deaths.”
This case was investigated by the Drug Enforcement Administration with assistance from the New Castle County Police Department. Assistant U.S. Attorneys Alexander P. Ibrahim and Christopher L. de Barrena-Sarobe prosecuted the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the District of Delaware. Related court documents and information is located on the website of the District Court for the District of Delaware or on PACER by searching for Case No. 01:19-cr-142.
Guatemalan Man Pleads Guilty to Illegally Possessing a Gun and Being in the United States IllegallyRead the Press Release
A Guatemalan man who was illegally in the United States while possessing a gun pled guilty June 16, 2021, in federal court in Sioux City.
Sergio Mendez-Perez, 26, from Guatemala, was convicted of illegal reentry and alien in possession of a firearm.
Evidence at the plea hearing showed that on March 17, 2021, Mendez-Perez was arrested in Woodbury County, Iowa for assault while displaying a dangerous weapon (.22 caliber firearm), interference with official acts – dangerous weapon, carrying a weapon, eluding, and operating under the influence – 1st offense. On March 18, 2021, ICE determined that Mendez-Perez is a citizen of Guatemala and was previously removed from the United States on one occasion. Mendez-Perez admitted that at the time he possessed the gun he knew he was illegally in the United States.
Sentencing before United States District Court Chief Judge Leonard T. Strand will be set after a presentence report is prepared. Mendez-Perez remains in custody of the United States Marshal and will remain in custody pending sentencing. On the illegal reentry conviction, Mendez-Perez faces a possible maximum sentence of 2 years’ imprisonment, a $250,000 fine, and not more than one year of supervised release following any imprisonment. On the firearm conviction, Mendez-Perez faces a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, and not more than 3 years of supervised release following imprisonment.
The case is being prosecuted by Assistant United States Attorney Patrick T. Greenwood and was investigated by Department of Homeland Security, Bureau of Alcohol, Tobacco, Firearms and Explosives, and Sioux City Police Department.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 21-4026. Follow us on Twitter @USAO_NDIA.
Getaway Driver in Bank Robbery SentencedRead the Press Release
BIRMINGHAM, Ala. – A Florida man was sentenced today for a bank robbery in Anniston, announced U.S. Attorney Prim F. Escalona and Federal Bureau of Investigation Special Agent in Charge Johnnie Sharp, Jr.
United States District Judge R. David Proctor sentenced Shaun Jamar Harris, 32, of Miami, Florida, to 70 months in prison for bank robbery. Harris pleaded guilty to the charge in November 2020.
“As today’s sentence makes plain, bank robbery is a serious federal offense that carries serious prison time.” U.S. Attorney Escalona said. “I want to thank the FBI and the Anniston Police Department for their work investigating this case.”
According to the plea agreement, on January 10, 2020, Harris and his accomplice, Christopher Jermain Spann, robbed the Regions Bank branch on Greenbrier Dear Road in Anniston. Spann went into the bank while Harris waited in the car. Spann handed the bank teller a note written by Harris that read, “ALL BIG BILL N THE BAG. NO DIE PICK OR TRACK I HAVE A GUN WILL KILL YOU.” The teller placed $1720.10 in a plastic bag provided by Spann and gave the bag back to him. Spann fled the bank and ran to a white 2016 Chevrolet Malibu driven by Harris. Harris drove recklessly out of the bank parking lot and was later stopped going eastbound on Interstate 20 in Cleburne County. Harris and Spann were arrested and taken to the Anniston Police Department.
Christopher Jermain Spann is scheduled for sentencing on June 30th.
FBI investigated the case along with the Anniston Police Department. Assistant U.S. Attorney Kristy Peoples prosecuted the case.
Georgia man admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Kaleb Joseph Beals, of Silver Creek, Georgia, has admitted to a drug charge, Acting United States Randolph J. Bernard announced.
Beals 32, pled guilty today to one count of “Conspiracy to Distribute Methamphetamine.” Beals admitted to working with others to sell methamphetamine, also known as “crystal meth” or “ice,” from August 2018 to April 2019 in Hardy County.
Beals faces up to 20 years of incarceration and a fine of up to $1,000,000. Under the Federal Sentencing Guidelines, the actual sentence imposed will be based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Assistant U.S. Attorney Stephen D. Warner is prosecuting the case on behalf of the government. The Potomac Highlands Drug Task Force, the West Virginia State Police, the Grant County Sheriff’s Office, and the Moorefield Police Department investigated.
U.S. Magistrate Judge Michael John Aloi presided.
Georgia Man Charged with Impersonating a Department of Energy Employee in Order to Gain Access to the Port of AlbanyRead the Press Release
ALBANY, NEW YORK – Andrew Avila, age 49, of Acworth, Georgia, was indicted last week for pretending to be a Department of Energy employee in order to gain entry and access to the Port of Albany.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and U.S. Department of Energy Inspector General Teri L. Donaldson.
The Port of Albany is a transportation hub where vessel and rail freight are shipped and received; access to the Port is restricted pursuant to federal regulations.
Avila is charged with falsely representing himself to be a Department of Energy employee on May 2, 2018. The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.
The two-count indictment, returned by the grand jury on June 15, 2021, charges Avila with entry under false pretenses, a misdemeanor, and false personation, a felony. The first offense carries a maximum penalty of 1 year in prison, as well as a fine of up to $100,000 and a term of supervised release of up to 1 year. The second offense carries a maximum penalty of 3 years in prison, as well as a fine of up to $250,000 and a term of supervised release of up to 1 year. 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.
Avila will be arraigned at a later date.
This case is being investigated by the Department of Energy, Office of Inspector General, and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Four Oaks Man Sentenced to 35 Years for Sex Trafficking of a MinorRead the Press Release
RALEIGH, N.C. – A Four Oaks man was sentenced yesterday to 420 months in prison and a life term of supervised release for sex trafficking of a minor and using the internet to operate a prostitution enterprise. On December 17, 2020, Marvarlus Cortel Snead was convicted of the charges after a four-day jury trial. Snead was also ordered to pay more than $200,000 in restitution to the minor victim.
According to court documents and other information presented in court, Snead, 34, prostituted an adult female and a minor victim in various locations throughout the Eastern District of North Carolina in December 2017 and January 2018. Snead targeted extremely vulnerable victims and enticed them with promises of money and romance. Snead also engaged in a sexual relationship with both women and, after convincing them to join him, manipulated them and took their money for himself. Snead was arrested following a January 24, 2018 prostitution sting operation at a hotel in Wilmington, NC, where Snead was prostituting the minor after posting ads online. Following his arrest, Snead sought to continue his manipulation of the minor victim by coercing the victim into signing false affidavits aimed at exonerating Snead but which were actually written by others at Snead’s direction.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. Mr. Acker commented: “This case is about the victims, who suffered at the hands of a greedy trafficker. Our community will not tolerate perpetrators like this defendant targeting our most vulnerable children and citizens for their profit.” The Federal Bureau of Investigation and the New Hanover County Sheriff’s Office investigated the case and Assistant U.S. Attorneys Bryan Stephany and Erin C. Blondel prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:19-CR-151-D.
Founder of Non-Profit to End Sexual Violence Against Youth Sentenced to Thirteen Years in Prison for Child Pornography, Enticing A Minor to Have SexRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced that JOEL DAVIS was sentenced to 156 months in prison for enticing a child to engage in illegal sexual activity, 60 months for possession of child pornography, and 60 months for distribution and receipt of child pornography, all to be served concurrently. DAVIS previously pled guilty on January 16, 2020, before United States District Judge George B. Daniels, who also imposed the sentence.
U.S. Attorney Audrey Strauss said: “As he previously admitted, Joel Davis, founder of a non-profit called ‘Youth to End Sexual Violence,’ admitted to engaging in the very abhorrent behavior he had publicly pledged to fight. Davis, who also claims to be a Nobel Prize nominee for his work with his organization, engaged in sex acts with a minor, recording them, and distributing that recording to others – including an undercover FBI agent. Sex with minors is obviously never permissible, acceptable, or justifiable, and by virtue of his non-profit work, Joel Davis was acutely aware of the irreparable harm these crimes inflict on victims. Davis will now serve a lengthy time in federal prison, where he can no longer victimize minors.”
According to the Information and other documents filed in the case to which DAVIS pled, as well as statements made during the plea proceeding:
In or about June 2018, DAVIS used a dating application on his iPhone to entice a fifteen-year-old boy (the “Victim”) to engage in sexual activity with him. On June 13, 2018, DAVIS invited the Victim to his apartment building in Manhattan and engaged in sexual activity with the Victim, despite knowing that the Victim was a minor. DAVIS used his smartphone to film a portion of that conduct and sent the video to at least two others, including an undercover FBI agent.
In addition, between at least in or about May 2018 and June 2018, DAVIS possessed more than 3,700 images and more than 330 videos of child pornography, including numerous images of prepubescent minors who had not attained 12 years of age, and received and distributed material containing child pornography using a cellphone. DAVIS was arrested on June 26, 2018.
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In addition to today’s prison sentence, DAVIS, 25, of New York, New York, was sentenced to five years of supervised release.
Ms. Strauss praised the outstanding investigative work of the FBI in this investigation.
Any individuals who believe they have information concerning the exploitation of children may contact the Federal Bureau of Investigation at 1-212-384-1000 or https://tips.fbi.gov/.
This case is being handled by the Office’s General Crimes Unit. Assistant United States Attorneys Matthew J.C. Hellman and Juliana N. Murray are in charge of the prosecution.
Fort Myers Registered Child Sex Offender Sentenced to 15 Years for Possessing Child Sexual Abuse Images and VideosRead the Press Release
Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell today sentenced Brenton Lawrence Frank (30, Fort Myers) to 15 years in federal prison for possessing images and videos depicting the sexual abuse of children. Frank was also sentenced to a life term of supervised release and ordered to register as a sex offender.
Frank had been found guilty following a bench trial on November 4, 2020.
According to court documents, on September 16, 2019, a deputy from the Lee County Sheriff’s Office (LCSO) stopped Frank’s vehicle for a defective equipment violation. At the conclusion of the traffic stop, Frank consented to a search of his vehicle and the deputy then located Frank’s cellphone under the driver’s seat. Frank admitted to the deputy that the conditions of his supervision prohibited him from possessing the cellphone and signed a written consent authorizing the deputy to search his phone. The deputy observed images of children engaging in sexually explicit conduct on Frank’s cellphone. A subsequent search and forensic analysis of Frank’s cellphone revealed approximately 300 images and 2 videos depicting the sexual exploitation and abuse of children.
In 2011, Frank was convicted in Fort Myers on federal charges of distribution of material involving the sexual exploitation of minors and sentenced to 6 years’ imprisonment and a 15-year term of supervised release.
This case was investigated by the Federal Bureau of Investigation, Fort Myers Child Exploitation and Human Trafficking Task Force. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.
This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Former Texas Man Pleads Guilty to Failing to Register as a Sex OffenderRead the Press Release
BANGOR, Maine: A former Texas man pleaded guilty today in federal court in Bangor to failing to register as a sex offender, Acting U.S. Attorney Donald E. Clark announced.
According to court records, in 2007, Antonio Cardenas aka “Tony Vosburg,” 34, was convicted in Texas of Aggravated Assault of a Child under 14 Years of Age. This felony conviction made Cardenas a lifetime sex offender registrant in Texas. In about early August 2020, he moved from Texas and began living in Mars Hill and Caribou, Maine. He did not notify the Texas Sex Offender Registry that he was moving. Further, prior to his arrest on February 10, 2021, he made no attempt to register with the Maine Sex Offender Registry.
Cardenas faces up to 10 years in prison and a $250,000 fine. He will be sentenced after the completion of a presentence investigation report by the U.S. Probation Office. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The United States Marshals Service investigated the case.
Former Stockton Man Sentenced to over 6 Years in Prison for Unemployment Benefits Fraud and Identity TheftRead the Press Release
SACRAMENTO, Calif. — Robert Joseph Maher, 42, formerly of Stockton, was sentenced today by U.S. District Judge John A. Mendez to six years and three months in prison for mail fraud and aggravated identity theft, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between November 2010 and February 2018, Maher participated in a scheme to defraud the State of California Employment Development Department (EDD) by filing fraudulent claims for unemployment insurance benefits. In furtherance of this scheme, Maher and his co-defendant, Michael Herron II, also of Stockton, created fictitious companies and fictitious employees by using the real identities of persons with and without their knowledge. They then filed claims with EDD, falsely stating that the employees had been laid-off or fired. The unemployment benefits were deposited onto debit cards that were mailed to addresses controlled by Maher, Herron, or their associates.
In one instance, Maher and Herron electronically filed an unemployment insurance claim in the name of an identity-theft victim. Maher knew that the victim was a real person because the claim listed the victim’s correct date of birth and social security number. The claim also listed Maher’s address in Stockton as the claimant’s address, which caused a bank to mail an EDD debit card in the victim’s name to Maher’s address. Maher and Herron then transferred the card’s benefits to Maher’s personal bank account. Maher and Herron also used the victim’s name to register another fictitious business entity that was used in the fraud scheme. In all, Maher and Herron filed at least 72 fraudulent claims for unemployment insurance benefits, seeking a total of $739,535, of which EDD paid out approximately $609,335. Judge Mendez ordered Maher to pay restitution to EDD in the amount of $609,335.
This case is the product of an investigation by the U.S. Department of Labor - Office of Inspector General, the Federal Bureau of Investigation, and the California Employment Development Department’s Investigation Division. Special Assistant U.S. Attorney Robert J. Artuz is prosecuting the case.
On March 26, 2019, Herron pleaded guilty to similar counts of mail fraud and aggravated identity theft and, on June 25, 2019, was sentenced to six years and three months in prison.
Former New York DEA Investigator Convicted of Enticing A Minor to Have Sex and Child Pornography ChargesRead the Press Release
Audrey Strauss, the United States Attorney for the Southern District of New York, announced today the conviction in Manhattan federal court of FREDERICK L. SCHEININ for attempted production of child pornography, attempted receipt of child pornography, and attempted enticement of a minor. The jury convicted SCHEININ today following a five-day trial before U.S. District Judge Jed S. Rakoff.
U.S. Attorney Audrey Strauss said: “As a DEA investigator, Frederick Scheinin was tasked with the important job of protecting the public from the illegal diversion and abuse of prescription drugs, but he betrayed the public trust by spending months trying to prey on a minor for his sexual pleasure. Scheinin now stands convicted of these heinous crimes. This office and our law enforcement partners will continue to work tirelessly to detect and apprehend those who pose a threat to children.”
Up until the time of his arrest, SCHEININ was an investigator in the New York Field Office of the Drug Enforcement Administration (“DEA”). According to the Indictment, documents previously filed in the case, and evidence introduced at trial:
Between October 2019 and January 2020, SCHEININ communicated with an undercover law enforcement officer (“UC‑1”) who was posing as a 14-year-old boy. During the course of hundreds of graphic text communications and multiple real-time conversations, SCHEININ repeatedly sent sexually explicit images and videos to UC-1 in an attempt to persuade UC-1 to transmit sexually explicit images, photos, and live visual depictions of UC-1 to SCHEININ. In particular, SCHEININ repeatedly asked UC-1 to transmit images and videos of UC-1’s penis and anus. SCHEININ also attempted to arrange a meeting with UC-1 at which SCHEININ planned to have sex with UC-1. Law enforcement arrested SCHEININ on January 16, 2020, in New York, New York, at the location where SCHEININ said he would meet UC-1. SCHEININ was in possession of a condom and lubricant at the time of his arrest.
SCHEININ, 33, was remanded to the custody of the U.S. Marshals following the return of the verdict. Attempted production of child pornography carries a mandatory minimum sentence of 15 years in prison and a maximum sentence of 30 years in prison; attempted receipt of child pornography carries a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years in prison; and attempted enticement of a minor carries a mandatory minimum sentence of 10 years in prison and maximum sentence of life in prison. SCHEININ is scheduled to be sentenced on September 23, 2021, at 4:00 p.m.
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Ms. Strauss praised the outstanding investigative work of the New York City Police Department and the Cyber Investigations Office of the United States Department of Justice Office of the Inspector General. Ms. Strauss also thanked the New York Office of the DEA and the DEA Office of Professional Responsibility for their assistance in the matter.
The prosecution of this case is being handled by the Office’s Complex Frauds and Cybercrime Unit. Assistant United States Attorneys Nicholas W. Chiuchiolo and Daniel G. Nessim are in charge of the prosecution.
Former Member of New Bedford Latin Kings Chapter Sentenced for Racketeering ConspiracyRead the Press Release
BOSTON – A former member of the New Bedford Chapter of the Massachusetts Almighty Latin King and Queen Nation (Latin Kings) was sentenced today on racketeering and drug charges.
Natanael Velazquez, a/k/a “King Nael,” 21, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to two years in prison and three years of supervised release. On March 16, 2021, Velazquez pleaded guilty to conspiracy to conduct enterprise affairs through a pattern of racketeering activity, more commonly referred to as RICO conspiracy.
The Latin Kings are a violent criminal enterprise comprised of thousands of members across the United States. The Latin Kings adhere to a national manifesto, employ an internal judiciary and use a sophisticated system of communication to maintain the hierarchy of the organization. As alleged in court documents, the gang uses drug distribution to generate revenue, and engages in violence against witnesses and rival gangs to further its influence and to protect its turf.
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. Natanael Velazquez is the 33rd defendant to be sentenced in the case.
Acting United States Attorney Nathaniel R. Mendell; 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 today. 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. Attorneys Philip A. Mallard and Lauren Graber of Mendell’s Criminal Division prosecuted 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.
Former Boston Police Officer Pleads Guilty in Overtime Fraud SchemeRead the Press Release
BOSTON – A former Boston Police officer pleaded guilty today in connection with an ongoing investigation of overtime fraud at the Boston Police Department’s (BPD) evidence warehouse.
Joseph Nee, 48, of Randolph, pleaded guilty to one count of conspiracy to commit theft concerning programs receiving federal funds and one count of embezzlement from an agency receiving federal funds. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 24, 2021. Nee was charged on June 4, 2021.
From at least January 2015 through August 2017, Nee submitted false and fraudulent overtime slips for overtime hours that he did not work for two overtime shifts at the evidence warehouse. The first, called “purge” overtime, was a 4 – 8 p.m. weekday shift intended to dispose of old, unneeded evidence. The second shift, called “kiosk” overtime, involved driving to each police district in Boston one Saturday a month to collect old prescription drugs to be burned.
For the “purge” shift, Nee claimed to have worked from 4 – 8 p.m., but he routinely left at 6 p.m., or earlier. For the “kiosk” shift, Nee submitted overtime slips claiming to have worked eight-and-one-half hours, when in fact he and, allegedly, other members of the unit only worked three-to-four hours of those shifts. As a result, between January 2015 and August 2017, Nee personally collected approximately $12,636 for overtime hours he did not work.
In September 2020, nine Boston Police officers were arrested and charged for their roles in an overtime fraud scheme that is alleged to have collectively embezzled over $250,000 between May 2016 and February 2019. As part of the ongoing investigation, Nee and three additional officers have been charged: former Captain Richard Evans and former Sergeants George Finch and William Baxter. On April 8, 2021, Evans pleaded not guilty. Finch pleaded guilty on June 1, 2021 and Baxter is scheduled to plead guilty on June 25, 2021.
From 2015 through 2019, BPD received annual benefits from the U.S. Department of Transportation and U.S. Department of Justice in excess of $10,000, which were funded pursuant to numerous federal grants.
The charge of embezzlement from an agency receiving federal funds provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss. The charge of conspiracy provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Russell W. Cunningham, Special Agent in Charge of the Department of Justice Office of the Inspector General, Washington Field Office; and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Division made the announcement today. Assistance was provided by the Boston Police Department. Assistant U.S. Attorney Mark Grady of Mendell’s Public Corruption & Special Prosecutions Unit is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ex-White House Military Aide and Maryland Businessman Sentenced to over 8 Years in Prison for Operating Fraudulent Eb-5 Visa SchemeRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that businessman WILLIAM B. “BART” HUNGERFORD, JR., age 60, of Maryland, and ex-White House military aide and former U.S. Air Force colonel TIMOTHY O. MILBRATH, age 65, also of Maryland, were sentenced today for running a scheme to defraud investors during defendants’ operation of the New Orleans EB-5 Regional Center after Hurricane Katrina. U.S. District Judge Greg G. Guidry sentenced HUNGERFORD and MILBRATH each to 102 months in prison.
After a three-week trial before Judge Guidry that concluded in September 2019, a federal jury found HUNGERFORD and MILBRATH guilty on all counts of the superseding indictment. Although trial was completed in September 2019, an in-person sentencing could not be held due to the COVID-19 pandemic. The charges stemmed from the defendants’ exploitation of the U.S. Citizenship and Immigration Services’ (USCIS) EB-5 visa program. Congress created this program to bring investment into the United States and to create American jobs. The visa program permits immigrants to invest a minimum of $1,000,000.00 in a United States job-creating enterprise and obtain permanent residency if, after two years, that investment created or preserved ten American jobs. The minimum investment required was lowered to $500,000.00 if the investment was made in a targeted employment area (“TEA”), defined as an area with an unemployment rate of 150% of the national average.
The evidence at trial established that HUNGERFORD and MILBRATH formed NobleOutReach, LLC, to operate an EB-5 investment fund. The defendants then persuaded the City of New Orleans to allow their company to run the City’s EB-5 regional center. Because New Orleans was a designated TEA in the years after Hurricane Katrina, immigrant investors only had to invest $500,000.00 in order to qualify under the EB-5 visa program. HUNGERFORD and MILBRATH represented to investors that their $500,000.00 investment would be used to create jobs in New Orleans and contribute to the rebuilding of the City. A total of 31 immigrants invested a total of $15.5 million in the defendants’ investment fund. These immigrants also paid thousands of dollars in addition as “service fees” to the defendants. Along with another non-immigrant investor who also invested with the defendants, HUNGERFORD and MILBRATH obtained a total of $18,070,000.00 from investors.
However, instead of investing these funds into New Orleans-based job-creating enterprises, HUNGERFORD and MILBRATH fraudulently misappropriated investor funds for their own personal gain. HUNGERFORD and MILBRATH wrote themselves checks drawn from investor funds which they disguised as “loans” or “loan repayments.” The evidence showed that the defendants created multiple companies in order to conceal the path of investor funds and misappropriate them. The defendants also spent investor funds to purchase vacation and rental properties for their own benefit. During the perpetration of the fraud, the defendants made false representations to investors, USCIS, and the City of New Orleans.
Judge Guidry sentenced the defendants to 102 months as to each Count 1 (conspiracy to commit wire fraud), Count 3 (conspiracy to commit money laundering), and Counts 4 through 9 (wire fraud). As to Count 2, conspiracy to commit immigration fraud, Judge Guidry sentenced the defendants to the statutory maximum of 60 months in prison. He also sentenced HUNGERFORD and MILBRATH each to two years of supervised release. Judge Guidry agreed to take the Government’s motions for restitution and for a preliminary order of forfeiture under submission to be determined at a later date.
“USCIS places the highest priority on ensuring that every program we manage, including the EB-5 program, is administered with fairness and integrity,” said USCIS Acting Director Tracy Renaud. “We are grateful to our many law enforcement partners who helped to deliver justice in this case and uphold the integrity of the EB-5 program.”
“Today’s sentence sends a clear message to criminals who commit fraud against anyone, including aspiring U.S. citizens, that they will be held accountable. The economic crimes committed by Timothy Milbrath and William "Bart" Hungerford are most egregious and grossly impacted the New Orleans economy and investors hopeful of the American dream. The FBI is committed to rooting out and aggressively pursuing dishonest businesspeople like Hungerford and Milbrath,” said Special Agent in Charge Douglas Williams, Jr. "I would like to thank the U.S. Attorney’s Office, and US Citizenship and Immigration Service (USCIS) for the tremendous effort and work put forth in this investigation."
“This was a very detailed and complex case with many moving parts, but it in the end, it ultimately all comes down to greed. This elaborate scheme to defraud our community, taxpayers and those lawfully seeking permanent residency in the United States, occurred in the wake of one of the most tumultuous times in our city’s history, which makes this crime more egregious. Attempts by perpetrators to conduct fraudulent schemes will not be tolerated,” stated U.S. Attorney Duane A. Evans.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation’s New Orleans Field Office. U.S. Attorney Evans also thanked U.S. Citizenship and Immigration Services for their assistance in prosecuting this case. The case was prosecuted by Assistant U.S. Attorneys Matthew R. Payne, Shirin Hakimzadeh, Maria M. Carboni, and Andre J. Lagarde.
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Essex County Man Sentenced to Eight Years in Prison for Role in $23 Million Identity Fraud and Money Laundering SchemeRead the Press Release
NEWARK, N.J. – A Newark man was sentenced today to 96 months in prison for his role in a large international money laundering conspiracy and using a stolen identity in furtherance of the scheme, Acting U.S. Attorney Rachael A. Honig announced.
Edwin Deleon-Batista, 37, previously pleaded guilty by videoconference before U.S. District Judge Katharine S. Hayden to an information charging him with one count of conspiracy to commit money laundering and one count of identity fraud. Judge Hayden imposed the sentence today in Newark federal court.
According to documents filed in this case and statements made in court:
From March 2018 through October 2019, Deleon-Batista laundered over $23 million in cash drug proceeds on behalf of a money laundering organization with close ties to drug trafficking organizations in the Dominican Republic and elsewhere. Deleon-Batista picked up large amounts of cash drug proceeds in New Jersey, New York, and Florida and laundered it by purchasing cashier’s checks at local bank branches. The checks were made payable to individuals and companies specified by the leaders of the money laundering organization. By converting the drug proceeds to cashier’s checks, Deleon-Batista tried to hide the source of the illegal cash and avoid scrutiny by law enforcement and banks.
Deleon-Batista was previously arrested on federal money laundering charges in New York in April 2019. Soon after his arrest, Deleon-Batista began using a stolen identity and obtained a fraudulent identification card issued by the State of Florida to continue the money laundering scheme. He used the fraudulent ID card to open several bank accounts, which he then used as a means to convert millions more in cash drug proceeds into cashier’s checks at bank branches in New Jersey, New York, and Florida over a five-month period.
In addition to the prison term, Judge Hayden sentenced Deleon-Batista to three years of supervised release.
Acting U.S. Attorney Honig credited special agents and task force officers of the U.S. Drug Enforcement Administration, New Jersey Division, under the direction of Special Agent in Charge Susan A. Gibson, and the New York Division, under the direction of Special Agent in Charge Raymond Donovan; special agents and task force officers of IRS - Criminal Investigation, under the direction of Special Agent in Charge Michael Montanez; the Morristown, New Jersey, police department, under the direction of Acting Police Chief Darnell Richardson, and the Direccion Nacional de Control de Drogas (Dominican Republic National Drug Directorate) with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Jonathan M. Peck of the Asset Forfeiture and Money Laundering Unit in Newark.
This case is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) investigation. OCDETF identifies, disrupts, and dismantles the highest-level drug traffickers, money launderers, gangs, and transnational criminal organizations that threaten the United States by using a prosecutor-led, intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks.
Essex County Man Charged with Illegally Possessing Two Handguns and DrugsRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man with a felony record made his initial court appearance today on charges of carrying two loaded handguns and a quantity of heroin and cocaine, U.S. Attorney Rachael A. Honig announced today.
Brandon Jacobs, 30, of Newark, is charged by complaint with one count of possessing as a convicted felon a 9mm Glock, with 17 rounds of ammunition, and a .44 caliber Smith & Wesson revolver with six rounds of ammunition, one count each of possession of crack cocaine with intent to distribute and possession of heroin with intent to distribute, and one count of possession of a firearm in furtherance of a drug crime. He appeared before U.S. Magistrate Judge Cathy L. Waldor and was detained.
According to documents filed in this case and statements made in court:
Jacobs, who was convicted of a felony in 2017, was arrested on Jan. 31, 2021, after police received a tip that he was responsible for a recent shooting and was driving a stolen vehicle in the vicinity of 6th Street in Newark. Police located the vehicle, with Jacobs in the driver’s seat and one passenger. Police found the loaded 9 mm semi-automatic handgun in his left coat pocket and the loaded revolver in his right coat pocket. Jacobs was also in possession of 35 glassine envelopes of heroin, 73 glass vials containing suspected crack cocaine and $688 in cash. Also, there was a loaded shotgun in the front seat area of the vehicle.
The count of possession of a firearm as a convicted felon carries a maximum penalty of 10 years in prison and a $250,000 fine. The drug possession counts each carry a maximum penalty of 20 years in prison and a $1 million fine. The count of possessing a weapon during the commission of a drug crime carries a mandatory minimum of five years in prison, a maximum of 15 years in prison and a $250,000 fine.
Acting U.S. Attorney Rachael A. Honig credited special agents of the U.S. Attorney’s Office, under the direction of Supervisory Special Agent Thomas J. Mahoney, and officers with the Newark Police Department, under the direction of Public Safety Director Brian O’Hara, with the investigation leading to the arrest.
The government is represented by Senior Litigation Counsel V. Grady O’Malley Sr. of the U.S. Attorney’s Office’s Organized Crime/Gangs Unit.
Erie Convenience Store Owner Pleads Guilty to Food Stamp FraudRead the Press Release
ERIE, Pa. - A resident of Erie, Pennsylvania, pleaded guilty in federal court to charges of conspiracy to defraud the United States and food stamp fraud, Acting United States Attorney Stephen R. Kaufman announced today.
Abdul Alquraishi, 54, pleaded guilty to two counts before Chief United States District Judge David S. Cercone.
In connection with the guilty plea, the court was advised that Abdul Alquraishi and three co-defendants were engaged in exchanging food stamps for cash on a regular basis at The Lotto World, also known as Samir’s and Lotto World Convenience, a convenience store located at 832 State Street in Erie that Alquraishi owned and operated. Alquraishi and his three co-defendants also allowed customers to pay off store credit with food stamps. Alquraishi was also using customers’ food stamp cards to buy items at various stores in the area.
Judge Cercone scheduled sentencing for November 22, 2021 at 1:00 p.m. The law provides for a total sentence of 10 years in prison, a fine of $500,000, or both. Under the Federal Sentencing Guidelines, the actual sentence imposed is based upon the seriousness of the offenses and the prior criminal history, if any, of the defendant.
Pending sentencing, the court continued Alquraishi on bond.
Assistant United States Attorney Christian A. Trabold is prosecuting this case on behalf of the government.
The United States Department of Agriculture, Office of Inspector General, and the Erie Police Department conducted the investigation that led to the prosecution of Alquraishi.
Eighty Charged Across Northern Iowa with Federal Gun Law ViolationsRead the Press Release
Law enforcement agencies across Iowa continue to make communities safer by vigorously investigating and prosecuting gun related crimes. This effort has resulted in charges and arrests in forty-eight federal cases between November 2020 and June 2021 in the eastern half of the state and thirty-two in the western half of the state.
“All too often, when individuals, including convicted felons, drug users, and those who have committed domestic violence, unlawfully possess guns, an act of gun violence occurs,” said Acting United States Attorney Sean R. Berry. “The charges in these cases demonstrate the remarkable work that local, state, and federal law enforcement agencies do to reduce violence and get the most dangerous criminals off the streets. As we head into the summer months, when gun violence historically rises, my office will continue to work with all our law enforcement partners to take unlawfully possessed guns, and those who possess them, off the street.”
In the past six months, the work of federal, state, and local law enforcement agencies has resulted in the following matters in federal court in Cedar Rapids:
Kierin Craig Johnson, Ricky Trevill Eatman, John Douglas Clark, Marshall Leon Mosby, Nicholas Cameron Anderson, Christopher Lee Cungtion, John Christopher Jacobson, Dmontrey Rayshaun Redmond, Jamie Marie Graham, Leon Sheley, Todd Fritz Groom, Anthony Hughes, Nicholas Robert Campbell-Scott, Chad Edward Lee, Adnan Alibegic, Ashley Nicole Lies, Raykwon Stevenson, Sylvester Cunningham, Wonyae Malik Black, Friday Deel Gardner, Jumonie Dontez Wilson, Eric James Lyle, Darren James Ackerman, Sir Frank Nelson, Dejswah Sibley, Shuntez Anthony Porter, Terrance Golden, Justin Carlson, Donte Kent, Christopher Evans, Trenton Sliekers, Charles Anthony Ware, Demitrius Cannon, DeVonte Wright, Chandrique Day, David Wright, Jr., Demond Rollins, Karon Bennett, Shawndell Phillip Smith, Christopher Daniel Taylor, Johnny Mack Hill, Jr., Dannish Dontreal Robertson, Jaryous Cooper, Richard Allen Roberts, Deanye Bowmen-Owens, Josh Adam Rode, Curtis James Johnson, Dai’Sean Battles, and Joshua Ray Hunley. Four additional people have been charged but their cases remain under seal. The charges are contained in complaints and indictments filed within the last six months in United States District Court in Cedar Rapids.
“The Cedar Rapids Police Department is fortunate to have a strong working relationship with federal partners that results in making our community safer by holding violent offenders accountable,” said Cedar Rapids Chief of Police Wayne Jerman. “With our participation in federal task forces and enforcement and prosecution of federal firearms laws, there has been a significant impact on gun violence. Those who illegally possess a firearm and choose to commit violence not only commit crimes, but they endanger lives, property and the community’s sense of peace and safety. We value the opportunity to work side by side with our federal law enforcement partners and prosecutors.”
Dr. Joel Fitzgerald, Waterloo Chief of Police, shared his thoughts on the collaboration, and stated, “Although there are many variables at play accounting for the increase in violent crime across our nation, it should comfort those in Waterloo and the region to know that a strengthened partnership among law enforcement entities stands ready to prevent, investigate, arrest, and prosecute firearm related crimes. The message for violent offenders in our city is crystal clear. We encourage you to exercise your ability to choose; you can engage in community problem solving, civilly work through ‘beefs,’ and surrender illegal weapons, or face the surety of an unrelenting, life-altering, and rehabilitative solution that we have waiting. Far too many innocent lives are being changed by those who do not stop and think, so choose wisely.”
“Like much of Iowa, the Midwest, and the country in general, we have seen an increase in gun violence over the past five to ten years. Locally we have had great success in identifying and prosecuting offenders,” said Dubuque Chief of Police Mark Dalsing. “Much thanks to our federal law enforcement partners who provide investigative resources, and we especially appreciate the U.S. Attorney’s Office and the Department of Justice in prosecuting gun crimes. Law enforcement is facing many challenges as we head into the traditionally busiest months of the year, but we are confident that with our federal partners, we will be able to prosecute violent criminals and hold them accountable for their actions.”
In the past six months, the work of federal, state, and local law enforcement agencies has resulted in the following matters in federal court in Sioux City:
Bendigo Augustino, Diego Ayala, Nhial Biliew, Tyne Castino, Brandon Christiansen, Melvin Cloud, Joshua Currier, Tavin Daudinot, Scott Demers, Rafael Gomez, Maleke Goodwin, Joseph Haack, Jamie Hansman, Dexter Howard, Alejandro LaPointe, Alexander Laurel-Olea, Esai Lopez, Lucas Lowman, Douglas Mackey, DJ McMillan, Sergio Mendez-Perez, Daniel Moss, Christopher O’Tool, Joel Perea-Duenas, Jerry Powell, Stephen Springer, Alvaro Vite, William Wayne Hageman, and Jeremy Walters, have all been charged with various violations of federal firearms laws. The charges are contained in indictments filed within the last six months in the United States District Court in Sioux City.
“I cannot overstate the value of our close partnership with the U.S. Attorney’s office,” said Sioux City Chief of Police Rex Mueller. “Our focused major offender approach allows the surgical removal of suspects who pose a significant danger to local residents. The many cases we have worked together have led to successful prosecutions and sentences that had a meaningful positive impact on community safety.”
All the charges against the defendants in both Cedar Rapids and Sioux City involve the unlawful possession or use of firearms, including being a prohibited person in possession of a firearm. The cases charged include the following:
- The indictment and criminal complaint against Christopher Daniel Taylor charges Taylor with carjacking, using and carrying a firearm during and in relation to a crime of violence, possession of a stolen firearm, and possession of a firearm by a prohibited person. The criminal complaint alleges that, on December 3, 2020, Taylor led state probation officers on a high-speed chase through the city of Cedar Rapids. The complaint alleges that at times, Taylor reached speeds nearing 100 miles per hour. According to the complaint, Taylor eventually ditched his car and stole another one, which contained a Taurus .44 caliber revolver. Taylor then led police on a chase utilizing that car. At one point, Taylor shot the gun out of the car. Taylor later tried to carjack the driver of another car, threatening to shoot that person if he didn’t give Taylor the car. Law enforcement later apprehended Taylor.
- The indictment and criminal complaint against Wonyae Black charges Black with being a felon in possession of a firearm. The criminal complaint alleges that Black led Waterloo police officers on a high-speed chase, which ended when Black crashed his car into another car and a tree. The complaint alleges that Black then attempted to run from police and tossed his backpack over a fence. Officers located the backpack, which contained a handgun with an extended magazine and marijuana.
- The indictment against Bendigo Augustino alleges that, in March 2021, in Storm Lake, Iowa, Augustino was in possession of three guns while knowing, as a convicted felon, he could not legally possess guns. The indictment also alleges that Augustino was in possession of a Glock 9mm handgun he knew or had reason to know was stolen. Finally, the indictment alleges Augustino, who was already under indictment for possession of a firearm by a convicted felon, willfully received two handguns.
- The indictment against Nhial Biliew alleges that, in June 2020, Biliew committed a robbery at the County Store in Denison, Iowa. The indictment further alleges that during the robbery, Biliew used or brandished a handgun. The indictment also alleges that in July 2020, Biliew possessed a Ruger .380 handgun with a removed, altered, or obliterated serial number.
If convicted on these charges, all defendants face at least a possible maximum sentence of 10 years’ imprisonment, a $250,000 fine, $100 in special assessments, and three years of supervised release following any imprisonment.
As with any criminal case, a charge is merely an accusation and each defendant is presumed innocent until and unless proven guilty.
The cases were brought as part of Project Safe Neighborhoods (PSN). PSN is the centerpiece of the Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together to identify the most pressing violent crime problems in the community and develop comprehensive solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most violent offenders and partners with locally based prevention and reentry programs for lasting reductions in crime.
The cases were investigated by numerous local, state, and federal law enforcement agencies, including the Bureau of Alcohol, Tobacco, and Firearms, the Federal Bureau of Investigation, the Division of Narcotics Enforcement, the Drug Enforcement Administration, the Cedar Rapids Safe Streets Task Force (composed of representatives from the Federal Bureau of Investigation, the United States Marshal Service, and the Cedar Rapids Police Department), the Waterloo Federal Task Force (composed of the Waterloo Police Department, the Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, and Firearms assisted by the Black Hawk County Sheriff’s Office and Cedar Falls Police Department), the Dubuque Police Department, the Linn County Sheriff’s Office, the Iowa State Patrol, the Sioux City Police Department, the Storm Lake Police Department, the Denison Police Department, the Buena Vista County Sheriff’s Office, and the Crawford County Sheriff’s Office.
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East St. Louis Man Sentenced to 63 Months for Shooting Off Gun at Child's Birthday PartyRead the Press Release
EAST ST. LOUIS, Ill. – An East St. Louis man will spend 5 years in prison for shooting a gun into
the air at a child’s birthday party. Marco B. Orr, 32, has been sentenced to 63 months in federal
prison. Orr pled guilty in April to one count of unlawful firearm possession by a convicted felon.
According to court records and evidence presented at his sentencing hearing, the crime occurred on
May 2, 2020, when Orr was in possession of an AR-15 style rifle at a child’s birthday party in East
St. Louis. Orr was seen on surveillance camera discharging the rifle into the air numerous times.
East St. Louis police later recovered the rifle inside a vehicle. It was loaded with 17 rounds of
ammunition in a high capacity magazine. Orr was prohibited from possessing a gun due to a prior
felony conviction for aggravated battery involving the use of a firearm.As part of his sentence, Orr was also ordered to serve a 3-year term of supervised release.
The case was investigated by the East St. Louis Police Department and the United States Marshals
Service Great Lakes Regional Task Force, with support from ATF and the Illinois State Police.Assistant U.S. Attorney Alexandria Burns prosecuted the case.
This case was brought as part of Project Safe Neighborhoods (PSN), the centerpiece of the
Department of Justice’s violent crime reduction efforts. PSN is an evidence-based program proven to
be effective at reducing violent crime. Through PSN, a broad spectrum of stakeholders work together
to identify the most pressing violent crime problems in the community and develop comprehensive
solutions to address them. As part of this strategy, PSN focuses enforcement efforts on the most
violent offenders and partners with locally based prevention and reentry programs for lasting
reductions in crime.
Dominican National Pleads Guilty to Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty yesterday in connection with using the identity of a U.S. citizen at the Massachusetts Registry of Motor Vehicles.
Hector Antonio Cruz Ciprian, 33, a Dominican national previously residing in Lowell, pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. U.S. Chief District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 22, 2021. Cruz Ciprian was arrested in December 2019.
On June 14, 2016, Cruz Ciprian used the identification of a U.S. citizen to apply for an out-of-state driver’s license conversion at the Registry of Motor Vehicles in Haverhill. In the application, Cruz Ciprian provided, among other things, a Social Security card, birth certificate and utility bill in the victim’s name.
The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a two year sentence to be served consecutively to any other sentence imposed, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations made the announcement today. Valuable assistance was provided by the U.S. Department of Health & Human Services, Office of Inspector General; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.
Dominican National Pleads Guilty to Identity Theft ChargesRead the Press Release
BOSTON – A Dominican national pleaded guilty yesterday in connection with using the identity of a U.S. citizen at the Massachusetts Registry of Motor Vehicles.
Hector Antonio Cruz Ciprian, 33, a Dominican national previously residing in Lowell, pleaded guilty to one count of false representation of a Social Security number and one count of aggravated identity theft. U.S. Chief District Court Judge F. Dennis Saylor IV scheduled sentencing for Oct. 22, 2021. Cruz Ciprian was arrested in December 2019.
On June 14, 2016, Cruz Ciprian used the identification of a U.S. citizen to apply for an out-of-state driver’s license conversion at the Registry of Motor Vehicles in Haverhill. In the application, Cruz Ciprian provided, among other things, a Social Security card, birth certificate and utility bill in the victim’s name.
The charge of false representation of a Social Security number provides for a sentence of up to five years in prison, three years of supervised release and a fine of $250,000. The charge of aggravated identity theft provides for a two year sentence to be served consecutively to any other sentence imposed, one year of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
The investigation was conducted by Homeland Security’s Investigation’s Document and Benefit Fraud Task Force (DBFTF), a specialized field investigative group comprised of personnel from various local, state, and federal agencies with expertise in detecting, deterring, and disrupting organizations and individuals involved in various types of document, identity, and benefit fraud schemes.
Acting United States Attorney Nathaniel R. Mendell; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; and Tonya Perkins, Special Agent in Charge of the Social Security Administration, Office of Inspector General, Office of Investigations made the announcement today. Valuable assistance was provided by the U.S. Department of Health & Human Services, Office of Inspector General; U.S. Postal Inspection Service; U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations; U.S. Department of State, Diplomatic Security Service; U.S. Department of Housing and Urban Development, Office of Inspector General; U.S. Department of Labor, Office of Inspector General; and the Lynn Police Department. Assistant U.S. Attorney Adam Deitch of Mendell’s Major Crimes Unit is prosecuting the case.
Dishonorably discharged Navy sailor sentenced to 7+ years in prison for receipt of child pornographyRead the Press Release
Tacoma – A 37-year-old Tacoma man was sentenced today in U.S. District Court in Tacoma to 90 months in prison and 15 years of supervised release for receipt of child pornography, announced Acting U.S. Attorney Tessa M. Gorman. This is defendant Brandon Culp’s second conviction involving child exploitation in seven years. At the sentencing hearing, U.S. District Judge Benjamin H. Settle said, “You still are a danger to the public…. These victims, these young victims, will be experiencing a life sentence… many will carry scars and wounds and pain their whole life long.”
According to records filed in the case, Culp was living in Tacoma as a registered sex offender in 2019, when a social media company alerted the National Center for Missing and Exploited Children that an account associated with Culp had shared images of child sexual abuse. In January 2020, law enforcement executed a court-authorized search warrant at Culp’s home. Forensic examination of Culp’s electronic devices revealed more than 800 files depicting child sexual abuse, including images and videos of adults raping infants and toddlers.
While in the Navy, Culp was prosecuted in military court for using his work computer to access pornography and solicit prostitutes, and for attempted sex trafficking of a minor. In that case, Culp communicated with someone he believed was a child sex trafficker in Mexico about accessing a child to sexually assault. In fact, Culp’s contact was an undercover law enforcement officer. Culp served nearly 5 years in prison in that case. He was dishonorably discharged from the Navy, stripped of rank and benefits, and required to register as a sex offender.
In the current case, Culp admitted in his plea agreement that after his release from prison in the Navy case, he used digital devices and the Internet to receive, distribute, and possess child-pornography images and videos.
This case was investigated by the FBI and the Tacoma Police Department. The case was prosecuted by Assistant United States Attorney Jonas Lerman.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
Department of Justice Announces Formation of Firearms Trafficking Strike Forces to Crack Down on Sources of Crime GunsRead the Press Release
Today, the Department of Justice announced it will launch five cross-jurisdictional firearms trafficking strike forces within the next 30 days to help reduce violent crime by addressing illegal gun trafficking in significant firearms trafficking corridors. Tomorrow, the Attorney General will discuss with the President, law enforcement officials, and local and community leaders, this initiative, which, along with other measures, the Department of Justice is undertaking as part of the administration-wide comprehensive strategy to combat the rise in violent crime.
Gun violence is a major driver in the increase in violent crime over the last 18 months, and today’s action is an important step in stemming the supply of illegally trafficked firearms which are used in deadly shootings and other violent crimes.
“Working with our local partners to tackle violent crime is one of the Justice Department’s most important responsibilities,” said Attorney General Merrick B. Garland. “Today, the department is taking another concrete step to address violent crime and illegal firearms trafficking. Our firearms trafficking strike forces will investigate and disrupt the networks that channel crime guns into our communities with tragic consequences. This effort reflects our shared commitment to keep communities safe.”
The five strike forces will focus on significant firearms trafficking corridors that channel guns into New York, Chicago, Los Angeles, the San Francisco Bay Area and Washington, D.C. They will be led by designated U.S. Attorneys who will coordinate with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and with state and local law enforcement partners in places where firearms originate and where they are used to commit crimes. The strike forces will share information and otherwise collaborate across districts where firearms trafficking schemes cross state or jurisdictional boundaries to focus enforcement against entire trafficking networks, from the places where guns are unlawfully obtained to the areas where they are used to commit violent crimes.
At an event today hosted by the Police Executive Research Forum, attended by hundreds of law enforcement professionals from around the country, the Deputy Attorney General spoke about the strike force launch, emphasizing the department’s commitment to working closely with state, local, tribal and territorial law enforcement partners as part of a comprehensive approach to reduce crime and make our communities safer.
Today’s announcement builds on the Justice Department’s broader Violent Crime Reduction Initiative, announced on May 26, 2021, that supports local communities in preventing, investigating and prosecuting gun violence and other violent crime. In guidance to federal agents and prosecutors as part of that comprehensive strategy, the Deputy Attorney General made clear that firearms traffickers that provide weapons to violent offenders are an enforcement priority across the country.
Convicted Gun Trafficker Pleads Guilty to Firearms ChargesRead the Press Release
ALBANY, NEW YORK – Jonathan M. Cuney, age 38, and a part-time resident of East Greenbush, New York, pled guilty today to unlawfully possessing firearms including “ghost guns,” and ammunition, and admitted to maintaining large collections of firearms and ammunition in East Greenbush and Humboldt County, California.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and John B. DeVito, Special Agent in Charge of the New York Field Division of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
Cuney pled guilty to unlawfully possessing, as a felon, a Springfield Armory rifle and an FMK Firearms Inc. AR-15-style rifle receiver/frame, and to possessing three unregistered silencers, between September 9, 2019 and November 14, 2019.
Cuney has a prior conviction for unlawful gun trafficking. In December 2015, he pled guilty, in the United States District Court for the Southern District of New York, to transporting and selling firearms with obliterated serial numbers while he was a licensed firearms dealer. He was sentenced to 37 months in prison, and returned to East Greenbush in April 2017 upon his release from prison.
Acting United States Attorney Antoinette T. Bacon stated: “Today’s guilty plea is the result of a cross-country investigation that took a dangerous person off the streets. Jonathan Cuney has a prior conviction for selling untraceable firearms. After his release from prison, he built ghost guns and acquired other firearms, and maintained large caches of firearms and ammunition in New York and California. I commend the ATF for investigating Cuney as he travelled across the United States, and for quickly arresting him and removing this threat to our communities.”
ATF Special Agent in Charge John B. DeVito stated: “Jonathan Cuney’s criminal record makes it abundantly clear that he is a danger to the community. This case is the product of a concerted, collaborative effort across multiple ATF jurisdictions to identify and stop the sale of illegal firearms. We will always be committed to removing armed criminals from our communities who threaten the safety of our citizens.”
In pleading guilty today, Cuney also admitted that from at least August 2018 until November 12, 2019, he purchased firearms parts from several dozen online retailers, and had these items shipped to East Greenbush; Willits, California (where he maintained a residence); and Providence, Rhode Island (where he formerly maintained a legitimate firearms business). Cuney then used these firearms parts to manufacture non-serialized handguns, rifles, and silencers. These firearms are often called “ghost guns” because they do not have serial numbers, making them more difficult for law enforcement to trace.
ATF searched Cuney’s East Greenbush storage unit on November 14, 2019, and found it to contain, among other items:
- Two (2) rifles,
- One (1) revolver,
- Four (4) serialized AR-15-style rifle receivers/frames,
- Two (2) completed “ghost guns,”
- Five (5) pistol parts kits,
- Two (2) completed silencers and enough parts to build more than ten (10) silencers,
- An assorted quantity of firearm parts and accessories, of which five (5) are classified as machineguns under federal law, and
- 3,250 rounds of assorted rifle and pistol ammunition.
Cuney also rented a storage unit in Redway, California. ATF searched this storage unit on November 20, 2019, and found it to contain, among other items:
- Two (2) Glock pistols,
- Seven (7) additional handguns,
- Three (3) rifles,
- One (1) shotgun,
- Five (5) machinegun conversion kits,
- More than ten (10) silencers, and
- More than 1,000 rounds of assorted rifle and handgun ammunition.
Today, Cuney also pled guilty to unlawfully possessing, on September 17, 2019, in Columbia, Missouri, several thousand rounds of ammunition that he purchased at a firearms store through a straw purchaser.
He also pled guilty to unlawfully possessing, on November 12, 2019, near Tucson, Arizona, a pistol and a rifle, which were discovered during a traffic stop of a vehicle that Cuney was driving.
Cuney pled guilty to these additional federal charges, in Albany federal court, with the consent of the Acting United States Attorneys for the District of Arizona and the Western District of Missouri, respectively.
Cuney has been in custody since November 12, 2019. He faces up to 10 years in prison, and up to 3 years of post-imprisonment supervised release, when Senior United States District Judge Frederick J. Scullin sentences him on October 19, 2021. 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.
As part of his plea agreement, Cuney also agreed to abandon a variety of firearms, silencers, ammunition, and firearm parts found in both East Greenbush and Redway, California, as well as the following items, all found in Redway: one pair of handcuffs with key; 56 Monadnock disposable single cuffs; and clothing items, patches and badges bearing law enforcement acronyms and insignia, including a Federal Bureau of Investigation (FBI) ball cap, FBI badges, FBI patches, Drug Enforcement Administration (DEA) patches, and DEA badges.
These cases were investigated by the ATF New York Field Division, with assistance from ATF Special Agents and Task Force Officers in Arizona, California, Missouri, Rhode Island, and Wyoming. The California Highway Patrol also assisted in the investigation.
The New York case was prosecuted by Assistant U.S. Attorney Michael Barnett.
The Arizona case was prosecuted by Assistant U.S. Attorney Serra M. Tsethlikai of the District of Arizona.
The Missouri case was prosecuted by Assistant U.S. Attorney Michael S. Oliver of the Western District of Missouri.
Clarksville Business Owner Indicted on Tax FraudRead the Press Release
NASHVILLE – A Clarksville, Tennessee, business owner was indicted yesterday by a federal grand jury on four counts of tax fraud, announced Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee.
David Haley, 64, the owner and operator of Haley & Associates Mechanical Contractors, faces four counts of filing false tax returns for tax years 2014-2017. The indictment alleges that even though Haley’s business compensation was well in excess of $1 million for each of the tax years, he falsely reported that he received zero business income. The indictment also alleges that except for a small payment in 2012, neither Haley nor his business paid federal income taxes for 2008 through 2017.
If convicted, Haley faces up to three years in prison and up to a $250,000 fine on each count.
This case was investigated by the IRS-Criminal Investigation. Assistant U.S. Attorney Kathryn W. Booth is prosecuting the case.
An indictment is merely an accusation. The defendant is presumed innocent until proven guilty in a court of law.
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Barnstable Man Charged with Firearm TraffickingRead the Press Release
BOSTON – A Barnstable man was charged on Tuesday, June 15th in connection with selling three “ghost guns” to an undercover officer.
Jacob Linhares, 34, was charged by criminal complaint with one count of dealing firearms without a federal license. Linhares was detained following a detention hearing yesterday before U.S. District Court Chief Magistrate Judge M. Page Kelley.
According to the criminal complaint, between May 25 and June 10, 2020, Linhares, sold three Privately Made Firearms (PMF) that he had personally fabricated to an undercover officer. PMFs are firearms that are not made by firearm manufacturers; instead, firearm manufactures sell individual buyers firearm parts, and the buyer uses various firearm drilling tools to construct and assemble the parts into a functional firearm. PMFs are also known as “ghost guns” because they are not serialized, and are thus, untraceable.
The charge of dealing firearms without a license provides for a sentence of up to five years in prison, three years of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Kelly D. Brady, Special Agent in Charge of the Bureau of Alcohol, Tobacco, Firearms & Explosives, Boston Field Division; Barnstable County District Attorney Michael D. O’Keefe; Barnstable Police Chief Matthew Sonnabend; and Barnstable County Sheriff James M. Cummings made the announcement. Assistant U.S. Attorney Nicholas Soivilien of Mendell’s Organized Crime and Gang Unit is prosecuting the case.
This prosecution 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 details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Ascension Parish Man Sentenced for Drug Trafficking OffensesRead the Press Release
NEW ORLEANS, LOUISIANA –U.S. Attorney Duane A. Evans announced that on June 15, 2021, PERCEL GOMEZ, age 39, from Ascension Parish, Louisiana, was sentenced to time served by United States District Judge Greg G. Guidry for drug trafficking offenses. GOMEZ was also sentenced to 3 years of supervised release and to pay a $100 special assessment fee.
According to court documents, GOMEZ conspired to distribute 100 grams or more of heroin between August 25, 2017 and January 25, 2018 in the Eastern District of Louisiana and elsewhere.
This prosecution is part of an extensive investigation by the Organized Crime Drug Enforcement Task Force (“OCDETF”). OCDETF is a joint federal, state and local cooperative approach to combat drug trafficking and is the nation’s primary tool for disrupting and dismantling major drug trafficking organizations, targeting national and regional level drug trafficking organizations and coordinating the necessary law enforcement entities and resources to disrupt or dismantle the targeted criminal organization and seize their assets.
U.S. Attorney Evans praised the work of the Drug Enforcement Administration. Assistant United States Attorneys Jonathan L. Shih and Nicholas D. Moses are in charge of the prosecution.
Armed Cocaine Trafficker Sentenced to More Than 12½ YearsRead the Press Release
RALEIGH, N.C. – A Shallotte man was sentenced today to 151 months in prison and three years of supervised release for trafficking cocaine and possessing a firearm after a felony conviction.
On March 1, 2021, Dev Vontrai Bland pleaded guilty to Distribution of a Quantity of Cocaine (Count One) and Possession of a Firearm by a Felon (Count Five).
According to court documents and other information presented in court, Bland, 29, sold cocaine to a confidential informant on several dates from August 1, 2019 to September 26, 2019.
Bland was arrested on November 14, 2019. Agents then executed a search warrant at Bland’s residence and seized cocaine base (crack); marijuana; methamphetamine; drug packaging materials; currency; and a loaded 9mm handgun.
Due to Bland’s criminal history, he was determined to be a Career Offender.
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.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after sentencing by U.S. District Judge James C. Dever III. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Brunswick County Sheriff’s Office investigated the case. Assistant U.S. Attorney Scott Lemmon prosecuted the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No. 7:20-CR-82-D-1.
Alien Pleads Guilty to Attempting to Bribe a Federal OfficerRead the Press Release
Jackson, Miss. – An illegal alien from Mexico pled guilty today to attempting to bribe a federal officer, announced Acting U.S. Attorney Darren J. LaMarca and Jack P. Staton, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in New Orleans.
According to court documents, Jesus Miranda-Alcantar, 34, was in the custody of Immigration and Customs Enforcement (ICE) because he is an alien illegally present in the United States. On September 17, 2020, an ICE deportation officer drove a van transporting Miranda-Alcantar from the HSI/ICE office in Pearl, Mississippi to the Madison County Detention Center. During the drive, Miranda-Alcantar repeatedly offered to pay the deportation officer thousands of dollars if he would stop the van and let Miranda-Alcantar out by the side of the road. The officer ignored or declined the offers and delivered Miranda-Alcantar to the Madison County jail. Soon thereafter, the officer reported the incident to his supervisor and executed a sworn affidavit recounting the details of the incident.
In a recorded interview on November 4, 2020, after advice of Miranda rights, Miranda-Alcantar confirmed the details and admitted to making the bribe offer. He added that his initial offer had been $5,000 but he then raised it to $8,000.
“Attempts to corrupt our law enforcement remain a major threat,” said Acting U.S. Attorney LaMarca. “These arrests affirm the Department of Justice’s commitment to prosecuting those who seek to corruptly influence and to exacerbate violations of our immigration laws.”
An indictment, returned by a federal grand jury on November 17, 2020, charged Jesus Christian Miranda-Alcantar with offering a bribe to a federal official. Miranda-Alcantar pled guilty today and is scheduled for sentencing on September 23, 2021 at 9:00 a.m. He faces a maximum penalty of 15 years in prison. A federal district judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Homeland Security Investigation’s (HSI) Office of Professional Responsibility investigated the case and the HSI Jackson Office assisted with the discovery and arrest of the defendant. The case is being prosecuted by Assistant United States Attorneys Theodore Cooperstein and Kevin Payne.
Acting U.S. Attorney Hairston and AG Stein Announce $330,000 Health Care Fraud Settlement with Triad DoctorRead the Press Release
GREENSBORO, N.C. – Sandra J. Hairston, Acting United States Attorney for the Middle District of North Carolina, and North Carolina Attorney General Josh Stein today announced a $330,000 settlement to resolve allegations that Dr. George Osei-Bonsu, M.D., Palladium Primary Care, P.A., and Premiere Health Care Plus, P.A., of Greensboro and High Point, submitted false claims to Medicaid and Medicare.
“Medicare and Medicaid lay out specific coverage guidelines for diagnostic studies to ensure that taxpayer dollars are only spent on medically necessary exams,” said Acting U.S. Attorney Hairston. “The United States will not allow practitioners to run unnecessary exams at the expense of the American people.”
“Health care providers must be responsible stewards of taxpayer funds,” said Attorney General Josh Stein. “When they cheat the Medicaid program and waste resources, my office will hold them accountable. I’m grateful for Acting U.S. Attorney Hairston’s partnership in prosecuting health care fraud in North Carolina, and I’m pleased that we’ve won back more than $1 million for North Carolina taxpayers through Operation You’ve Got Nerve.”
Between January 2015 and May 2020, the defendants allegedly submitted false or fraudulent claims for nerve conduction studies and arterial studies that were not medically reasonable or necessary, not supported by clinical documentation within the patient records, and not covered by the Medicare and/or North Carolina Medicaid program. As a result, they were reimbursed for funds that they were not entitled to.
The federal and North Carolina False Claims Acts authorize the governments to recover triple the money falsely obtained, plus substantial civil penalties for each false claim submitted. It should be noted that the civil claims resolved by settlement here are allegations only, and that there has been no judicial determination or admission of liability. The investigation and prosecution of this case was the result of a coordinated effort by the United States Attorney’s Office for the Middle District of North Carolina and the Medicaid Investigations Division of the North Carolina Attorney General’s Office.
Today’s settlement is the fourth in Operation You’ve Got Nerve, an ongoing effort by the Attorney General’s Medicaid Investigations Division (MID) to identify and hold accountable providers billing Medicaid fraudulently for nervous system testing. Including today’s settlement, Operation You’ve Got Nerve has won back $1,190,000 for taxpayers.
About the Medicaid Investigations Division (MID)
The Attorney General’s MID investigates and prosecutes health care providers that defraud the Medicaid program, patient abuse of Medicaid recipients, patient abuse of any patient in facilities that receive Medicaid funding, and misappropriation of any patients’ private funds in nursing homes that receive Medicaid funding. To date, the MID has recovered more than $900 million in restitution and penalties for North Carolina. To report Medicaid fraud or patient abuse in North Carolina, call the MID at 919-881-2320.
The MID receives 75 percent of its funding from the U.S. Department of Health and Human Services under a grant award totaling $6,160,252 for Federal fiscal year (FY) 2020. The remaining 25 percent, totaling $2,053,414 for FY 2020, is funded by the State of North Carolina. MID and United States Attorney’s Offices (USAO) frequently collaborate on investigations concerning Medicaid fraud such that MID attorneys are designated as Special Assistant United States Attorneys in the USAOs throughout North Carolina.
The resolutions obtained in this matter were the result of a coordinated effort between the U.S. Attorney’s Office for the Middle District of North Carolina, the U.S. Department of Health and Human Services, Office of Counsel to the Inspector General, and the North Carolina Department of Justice, Medicaid Investigations Division. Assistant U.S. Attorney Rebecca Mayer represented the United States.
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