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22 June 2021
Traffic Stop Leads to Drug Trafficking Guilty PleaRead the Press Release
WICHITA, KAN. – Richard H. Adams, IV, 29, was sentenced to 144 months in prison after pleading guilty to Possession with the Intent to Distribute Methamphetamine, a Class A felony.
According to court documents, in 2019, Adams was pulled over in Nebraska by a state trooper for speeding. A search of the vehicle yielded the discovery of what was later determined to be at least 2,200 grams of methamphetamine. Two loaded firearms belonging to Adams and $11,300 in U.S. currency were also found. Adams admitted he planned to transport the methamphetamine to Wichita, Kansas, for distribution.
“The arrest, prosecution, and resolution of this case demonstrates an effective collaboration between law enforcement and federal prosecutors. Their efforts prevented a dangerous, illicit substance from reaching our communities and caused the perpetrator to have to pay for his crime,” said Acting U.S. Attorney Dunston Slinkard.
The Federal Bureau of Investigation and the Nebraska Highway Patrol investigated the case. Assistant U.S. Attorneys Matt Treaster and Katie Andrusak prosecuted the case.
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Texas Man Sentenced to 40 Years in Prison for Running Child Obscenity WebsiteRead the Press Release
A Texas man was sentenced today in the Western District of Texas to 40 years in prison for multiple obscenity crimes involving children.
Thomas Alan Arthur, 65, of Terlingua, was convicted by a federal jury on Jan. 21, 2021, of three counts of trafficking in obscene visual representations of the sexual abuse of a child, five counts of trafficking in obscene text stories about the sexual abuse of children, and one count of engaging in the business of selling obscene matters involving the sexual abuse of children.
According to court documents and evidence introduced at trial, Arthur began operating the Mr. Double website in 1996 and began charging members for access to the site in 1998. The website was dedicated to publishing writings that detail the sexual abuse of children, including the rape, torture and murder of infants and toddlers. The evidence at trial showed that all submissions for publication were reviewed and approved by Arthur before he posted them on the site. Some of the author pages contained drawings depicting children engaged in sexually explicit conduct. Evidence at trial showed that the website was Arthur’s sole source of income for more than 20 years. The site was taken offline in November 2019 when the FBI executed a search warrant at his residence near Terlingua, where Arthur administered the site. Pursuant to a Mutual Legal Assistance Treaty with the Netherlands, additional evidence was obtained from the server in the Netherlands, where the site was hosted.
Additionally, according to court documents and statements made at the sentencing, Arthur sexually assaulted two females who came forward during the investigation of this case. Court documents and statements made in court showed that in approximately 1992, Arthur drugged an adult woman living with him, sexually assaulted her and video recorded it. In another instance, in the early 1980s, Arthur molested a girl when she was four or five years old, who was the daughter of a friend and business associate.
In addition to the term of imprisonment, Arthur was sentenced to three years of supervised release and a $50,000 fine.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division and U.S. Attorney Ashley C. Hoff for the Western District of Texas made the announcement.
Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Monica Morrison of the Middle District of Tennessee and Assistant U.S. Attorney Fidel Esparza of the Western District of Texas are prosecuting the case with assistance from the Justice Department’s Office of International Affairs.
The FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Department of Public Safety, and Brewster County Sheriff’s Office investigated the case. Special thanks are extended to the government of the Netherlands for its assistance.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys' Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
Terlingua Man Sentenced to Prison for Running a Child Obscenity WebsiteRead the Press Release
MIDLAND – A federal judge today sentenced 65-year-old Thomas Alan Arthur to 40 years in federal prison for operating a website dedicated to publishing writings that detailed the sexual abuse of children.
On January 21, 2021, a jury convicted Arthur of three counts of trafficking in obscene visual representations of the sexual abuse of a child, five counts of trafficking in obscene text stories about the sexual abuse of children and one count of engaging in the business of selling obscene matters involving the sexual abuse of children.
According to trial evidence, Arthur began operating the Mr. Double website in 1996, and began charging members for access to the site in 1998. The website was dedicated to publishing writings that detail the sexual abuse of children, including the rape, torture and murder of infants and toddlers. The evidence at trial showed that all submissions for publication were reviewed and approved by Arthur before he posted them on the site. Some of the author pages contained drawings depicting children engaged in sexually explicit conduct. Evidence at trial showed that the website was Arthur’s sole source of income for more than 20 years. The site was taken offline in November 2019 when the FBI executed a search warrant at his residence near Terlingua, where Arthur administered the site. Pursuant to our Mutual Legal Assistance Treaty with the Netherlands, additional evidence was obtained from the server in the Netherlands where the site was hosted.
Additionally, according to court documents and statements made at the sentencing, Arthur sexually assaulted two females who came forward during the investigation of this case. Court documents and statements made in court showed that in approximately 1992, Arthur drugged an adult woman living with him, sexually assaulted her and video recorded it. In another instance, in the early 1980s, Arthur molested a girl when she was four or five years old, who was the daughter of a friend and business associate.
Nicholas L. McQuaid, Acting Assistant Attorney General of the Justice Department’s Criminal Division, 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 despicable, exploitative behavior of the defendant in this case is nothing short of shocking. The 40-year sentence imposed by the court reflects the extremely serious nature of the criminal conduct,” said U.S. Attorney Hoff. “I am very grateful for the efforts of our law enforcement partners and prosecutors who worked so tirelessly to hold Arthur accountable for his crimes.” Hoff also thanked the U.S. Attorney’s Office in the Middle District of Tennessee for their assistance with this prosecution.
In addition to the prison term, U.S. District Judge David Counts ordered that Arthur pay a $50,000 fine and be placed on supervised release for a period of three years after completing his prison term. Judge Counts also granted the criminal forfeiture to the government of Arthur’s residential property, cash proceeds, the Mr. Double website and numerous electronics he used to carry out his scheme.
“This repugnant exploitation of innocent children has no place in society. The FBI will vigorously pursue anyone that profits on the publishing of visual and textual depictions of the sexual abuse and murder of children. Today’s sentencing shows that we will work tirelessly to prevent the exploitation of children to the fullest extent of the law,” said Acting FBI Special Agent in Charge Coburn. “FBI is committed to collaborating with our law enforcement partners to aggressively investigate these types of cases to ensure predators and their facilitators are found in our communities and face justice.”
The FBI, U.S. Immigration and Customs Enforcement’s Homeland Security Investigations, Texas Department of Public Safety and Brewster County Sheriff’s Office investigated the case. Trial Attorney Austin M. Berry of the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Assistant U.S. Attorney Monica Morrison and Assistant U.S. Attorney Fidel Esparza prosecuted the case with assistance from the Justice Department’s Office of International Affairs.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc.
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Stockton Man Pleads Guilty to Firearms TraffickingRead the Press Release
SACRAMENTO, Calif. — Johnnie Earl Ross III, 20, of Stockton, pleaded guilty today to conspiracy to deal firearms without a license and possession of an unregistered machine gun, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, between Oct. 10, 2019, and Oct. 22, 2020, Ross and his co‑conspirators sold at least 13 firearms to an undercover agent or confidential source on behalf of the Everybody Killa (EBK) street gang in Stockton. Many of the firearms were obtained out of state in Reno, Nevada, and some were obtained by a straw purchaser from federally licensed firearms dealers in Reno. One of the firearms was a Glock handgun with a switch that converted it to a fully automatic firearm.
This case is the product of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives; Homeland Security Investigations; and the San Joaquin County Sheriff’s Office. Assistant U.S. Attorney David W. Spencer is prosecuting the case.
Charges remain pending against co-defendant Vin Whealen Gaines Jr. He is in custody and scheduled for a status hearing on Aug. 24. The charges against Gaines are only allegations; he is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Ross is scheduled to be sentenced by U.S. District Judge John A. Mendez on Sept. 28. Ross faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. The actual sentence, however, will be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables.
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.
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 www.justice.gov/OCDETF.
Sixth Individual Admits Participation in Victoria's Secret Theft SchemeRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, and William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations (HSI) in Boston, announced that SHARNICE JACKSON, 20, of Hartford, pleaded guilty today to a conspiracy offense related to a scheme to defraud Victoria’s Secret stores in Connecticut and Massachusetts.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the court proceeding before U.S. District Judge Janet C. Hall occurred via videoconference.
According to court documents and statements made in court, Jackson and others were involved in a scheme through which they stole thousands of dollars from L Brands, the parent company of Victoria’s Secret stores. As part of the scheme, the co-conspirators shoplifted merchandise from Victoria’s Secret stores in Connecticut and Massachusetts. They then returned the shoplifted Victoria’s Secret merchandise through a “No Original Receipt” return, which allowed them to obtain gift cards for Victoria’s Secret in the value of the stolen merchandise (the “Return Step”). The co-conspirators then redeemed the gift cards at Victoria’s Secret stores for merchandise that slightly exceeded the value of the gift card, so that the excess amount was charged to a debit card connected to a co-conspirator (the “Redeem Step”). They then returned the merchandise purchased in the Redeem Step, with the refund for the entire amount credited to the co-conspirator’s debit card (the “Refund Step”).
Between approximately October 2018 and October 2019, L Brands lost more than $100,000 as a result of this scheme.
Jackson pleaded guilty to one count of conspiracy to commit wire fraud, an offense that carries a maximum term of imprisonment of 20 years. Judge Hall scheduled sentencing for September 17, 2021.
Jackson is the sixth defendant involved in this scheme to plead guilty. SHAMONIQUE MACKEY, 22; DAIJAH FAGAN, 21; TAMIJAH HUNTER, 21; LEONNA JONES, 22; and IMANI AITCHESON, 21, all of Hartford, previously pleaded guilty to the same charge and await sentencing. A seventh defendant charged in this conspiracy is awaiting trial.
This investigation is being conducted by Homeland Security Investigations (HSI) with the assistance of the Connecticut State Police, Hartford Police Department and L Brands Loss Prevention. The case is being prosecuted by Assistant U.S. Attorneys Sarala V. Nagala and Tara E. Levens.
Serial Embezzler Pleads Guilty to Federal Charges for Stealing More Than $570,000 from Two EmployersRead the Press Release
CHARLOTTE, N.C. – Lisa Buza Hill, 41, of Belmont, N.C., appeared before U.S. Magistrate Judge David S. Cayer today and pleaded guilty to wire fraud and making false statements for embezzling more than $570,000 from two companies that employed her, announced William T. Stetzer, Acting U.S. Attorney for the Western District of North Carolina. Hill was previously convicted of stealing more than $800,000 from a third company where she was employed.
Robert R. Wells, Special Agent in Charge of the Federal Bureau of Investigation (FBI) in Charlotte, and Chief Johnny Jennings, of the Charlotte-Mecklenburg Police Department (CMPD), are joining Acting U.S. Attorney Stetzer in making today’s announcement.
According to filed court documents and court proceedings, in 2012, Hill, also known as Lisa Rollins-Hill, was convicted of federal wire fraud after she admitted to stealing more than $800,000 from her then-employer, a motorcycle company headquartered in Kings Mountain, N.C. At the time, Hill was ordered to serve a five-month probationary term, three years of supervised release and to pay $807,506.39 in restitution to the victim company.
In July 2020, the U.S. Attorney’s Office filed new charges against Hill, for embezzling funds from a Charlotte-based company where Hill worked as a Controller. According to court documents filed in this case, from September 2019 to February 2020, and while still paying restitution for the 2012 embezzlement scheme, Hill misused her access to her employer’s financial system, including her authority to issue company checks, and defrauded the company by fraudulently issuing herself approximately 15 company checks totaling over $22,000. During this time, Hill also made false statements to the U.S. Attorney’s Office’s attempts to collect court-ordered restitution owed by Hill in connection with her 2012 conviction.
In June 2021, while Hill’s criminal charges for the fraudulent check scheme were still pending, a federal bill of information was also filed against Hill, charging her with embezzling more than $550,000 from her latest employer, a development company located in Rock Hill, S.C., identified in court documents as Company A. According to court documents, from May 2020 to January 2021, Hill was employed by Company A as the Chief Financial Officer (CFO). As the CFO, Hill had access to the company’s bank accounts, and her duties included the ability to make payments on behalf of the company. As court documents show, Hill misused her position and access to the company’s financial records to make unauthorized payments to herself, including to make transfers from Company A’s accounts to pay for Hill’s personal expenses. In total, Hill transferred more than $550,000 in authorized funds from Company A for her personal benefit. As Hill admitted in court today, Hill used the embezzled funds to make payments for a BMW vehicle, to pay for a trip to Disney World, to make mortgage payments and to settle misuse of funds allegations from previous employers.
Hill is in federal custody. A sentencing date has not been set.
The FBI and CMPD conducted the investigations into Hill. Assistant U.S. Attorney Jenny G. Sugar of the U.S. Attorney’s Office in Charlotte is in charge of Hill’s prosecution.
San Joaquin County Skydiver Arrested for Running Unauthorized Tandem Instructor CoursesRead the Press Release
SACRAMENTO, Calif. — An indictment was unsealed following the arrest of an Acampo man Monday, Acting U.S. Attorney Phillip A. Talbert announced.
On June 10, a federal grand jury returned a six-count indictment against Robert Allen Pooley, 46, of Acampo, charging him with wire fraud and aggravated identity theft related to tandem parachuting courses.
According to court documents, in 2010, Pooley obtained ratings as a “tandem examiner” with the U.S. Parachute Association (USPA) and as a “tandem examiner” with Uninsured United Parachute Technologies LLC (UPT), a manufacturer of tandem parachute systems. He then began conducting training courses for candidates seeking to obtain their USPA Tandem Instructor rating and/or their certification to use UPT tandem parachute systems. He charged for these courses and conducted them at a skydiving business located in Acampo.
In August 2015, USPA and UPT suspended Pooley’s tandem examiner ratings and could no longer conduct the tandem instructor courses on his own. Nevertheless, he continued running USPA and UPT tandem instructor rating courses without authorization, and he concealed his suspensions from tandem instructor candidates. Pooley led students to believe they could obtain USPA and UPT tandem ratings through his courses, concealed the fact that he had been suspended, and helped students fill out USPA and UPT rating paperwork to further the impression that the students would legitimately get their tandem ratings through his courses.
As part of the scheme, Pooley used a digital image of the signature of another properly rated USPA and UPT tandem examiner to sign off on training that Pooley himself had conducted when the other tandem examiner was not even in the country. Pooley accepted numerous students in this manner in 2016 from around the world, including the Republic of Korea, Chile, New Zealand, and Mexico. Each student typically paid $1,000 to $1,600 total for these courses. On Aug. 6, 2016, one such student fell to his death in a tandem diving accident with a customer who also perished. After those deaths, numerous victims of Pooley’s scheme asked for their money back, but he did not repay them, and several students had to pay for entirely new tandem instructor courses at other locations.
This case is the product of an investigation by the Department of Transportation Office of Inspector General. Assistant U.S. Attorneys Christopher S. Hales and Katherine T. Lydon are prosecuting the case.
If convicted, Pooley faces a maximum statutory penalty of 20 years in prison and a $250,000 fine for each count of wire fraud, and a mandatory two year sentence on each count of aggravated identity theft. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
Passaic County Man Sentenced to 44 Months in Prison for Participating in Heroin ConspiracyRead the Press Release
NEWARK, N.J. – A Passaic County, New Jersey, man was sentenced today to 44 months in prison for conspiring to distribute heroin and distributing a quantity of heroin, Acting U.S. Attorney Rachael A. Honig announced.
Carl Brown, 27, of Paterson, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Brian R. Martinotti to a superseding information charging him with conspiracy to distribute and possess with the intent to distribute heroin and knowingly and intentionally distributing heroin. Judge Martinotti imposed the sentence by videoconference today.
According to documents filed in this case and statements made in court:
Brown and his conspirators are members and associates of the 230 Boys street gang, which operates primarily around Rosa Parks Boulevard and Godwin Avenue in Paterson. Through numerous controlled purchases of narcotics, consensually recorded telephone calls and text messages, physical surveillance, and the analysis of telephone call detail records, law enforcement officers determined that from September 2018 through Oct. 1, 2019, Brown and his conspirators conspired to distribute narcotics, including heroin.
In addition to the prison term, Judge Martinotti sentenced Brown to three years of supervised release.
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.
Acting U.S. Attorney Honig credited special agents and task force officers with the Bureau of Alcohol, Tobacco, Firearms and Explosives, Newark Division, under the direction of Acting Special Agent in Charge Toby C. Taylor; special agents of the Drug Enforcement Administration, under the direction of Special Agent in Charge Susan A. Gibson in Newark; officers of the N.J. State Police, under the direction of Col. Patrick J. Callahan; officers of the Paterson Police Department, under the direction of Director Jerry Speziale and Police Chief Ibrahim Baycora; detectives of the Passaic County Prosecutor’s Office, under the direction of Prosecutor Camelia Valdes; and the Passaic County Sheriff's Department, under the direction of Sheriff Richard H. Berdnik, with the investigation leading to the charges. She also thanked the U.S. Marshals Service, the Bergen County Sheriff's Office and the Belleville and Livingston police departments for their assistance with the case.
The government is represented by Assistant U.S. Attorney Francesca Liquori, of the Organized Crime and Gangs Unit.
Parkersburg man sentenced for drug distributionRead the Press Release
WHEELING, WEST VIRGINIA – Christopher S. McCallister of Parkersburg, West Virginia, was sentenced today to three years of probation for a drug distribution charge, Acting U.S. Attorney Randolph J. Bernard announced.
McCallister, age 29, pled guilty in June 2020 to one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Controlled Substances” in February 2019. McCallister admitted to distributing methamphetamine, heroin, cocaine, and cocaine base in Wetzel County, as well as the Southern District of West Virginia, Ohio, and Georgia from 2016 to April 2018.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Marshall County Drug & Violent Crimes Task Force, a HIDTA-funded initiative, investigated.
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. A
U.S. District Judge John Preston Bailey presided.
Owner and CEO of Government Contracting Firm Pleads Guilty to Bribery SchemeRead the Press Release
A North Carolina woman pleaded guilty today in the Eastern District of Virginia to engaging in a bribery scheme with a former contracting officer for the Broadcasting Board of Governors (BBG), now known as the U.S. Agency for Global Media.
According to court documents, Rita M. Starliper, 60, of Greensboro, was the owner and CEO of a government contracting firm that previously provided professional staffing services to the BBG. Between late 2014 and late 2016, Starliper, a BBG contracting officer, and others associated with Starliper’s company agreed to and did hire and pay the contracting officer’s relative for a job involving minimal work and that resulted in payments to the relative of more than $68,000. In exchange, the BBG contracting officer took official actions that benefitted Starliper and her company, including the awarding of a professional staffing contract worth millions of dollars. The BBG contracting officer also took steps to steer the procurement process and provide preferential treatment to Starliper’s company.
Starliper pleaded guilty to one count of conspiracy to commit bribery and honest services mail fraud. She is scheduled to be sentenced on Nov. 5, and faces a maximum penalty of five years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division, Acting U.S. Attorney Raj Parekh of the Eastern District of Virginia, Special Agent in Charge Elisabeth Kaminsky of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Steven M. D’Antuono of the FBI’s Washington Field Office made the announcement.
The Department of State Office of Inspector General and the FBI investigated the case.
Special Assistant U.S. Attorney for the Eastern District of Virginia and Senior Litigation Counsel Edward P. Sullivan and Trial Attorney Jordan Dickson of the Justice Department’s Public Integrity Section are prosecuting the case.
Ohio man sentenced for selling cocaineRead the Press Release
WHEELING, WEST VIRGINIA – Anthony L. Turner, of Toledo, Ohio, was sentenced today to 51 months of incarceration for drug charge, Acting United States Attorney Randolph J. Bernard announced.
Turner, 44, pled guilty in March 2021 to one count of “Distribution of Cocaine Base.” Turner admitted to selling cocaine base, also known as “crack cocaine,” in September 2020 in Ohio County.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the case on behalf of the government. The Ohio Valley Drug Task Force, a HIDTA-funded initiative, investigated.
U.S. District Judge John Preston Bailey presided.
Ninth Circuit ruling for United States retains abandoned railroad right of way for public accessRead the Press Release
BILLNGS – A ruling by the 9th U.S. Circuit Court of Appeals in an ownership dispute of an abandoned railroad right of way near Noxon, Montana, held that the United States retained ownership under the National Trails System Improvement Act, Acting U.S. Attorney Leif M. Johnson said today.
In an opinion issued on June 21, the Ninth Circuit ruled for the United States on a plaintiff’s appeal from the U.S. District Court for the District of Montana in a case before U.S. District Judge Dana L. Christensen.
"This is an important decision for people who live in and visit Montana. The public has a growing interest in using these abandoned rights-of-way for recreation and access to Montana waterways and public lands. The court’s decision in this case strikes an appropriate balance between interests of the adjacent landowners and the public as intended by Congress when it passed the National Trail System Improvement Act in 1988,” Acting U.S. Attorney Johnson said.
At issue was whether the United States maintained its reversionary interest over real property granted 150 years ago to a railroad for use as a right of way, or whether that interest was later ceded to settlers who owned adjoining property. The Estate of Glowdena Finnigan sued the U.S. Forest Service in 2018 to quiet title to a former railroad right-of-way segment near Noxon, Montana. The dispute involved whether the current ownership of the abandoned right of way was controlled by the Abandoned Railroad Right of Way Act, enacted in 1922, which transferred title to the adjacent land owners, or by the Trails Act, enacted in 1988, under which the United States retained its interest in the land.
Here, the Estate sought to quiet title to a right-of-way that the Northern Pacific Railroad Company stopped using in about 1958, but that was never declared to be abandoned any time before the enactment of the Trails Act. The Estate claimed it acquired reversionary rights in the right-of-way simply by virtue of the physical abandonment of the railroad right-of-way in 1958, even though the abandonment was never confirmed by Congress or a judicial decree. The U.S. Forest Service objected that – in lieu of prior judicial confirmation – title to such lands remained with the United States under the Trails Act. Because the lands are entirely within the Kanisku National Forest, the agency maintained they should be retained for potential recreational use by the public.
In its opinion, the Ninth Circuit held that physical abandonment alone does not suffice. In order to acquire an abandoned railroad right of way, an adjoining landowner must establish both physical abandonment and confirmation of such abandonment by Congress or a judicial decree before the 1988 enactment of the Trails Act. Because abandonment of the railroad right of way across the Finnigan parcel was not judicially confirmed, ownership reverted to the United States under the Trails Act.
Assistant U.S. Attorney Mark Steger Smith argued the case.
9th Circuit Court PACER Case No. 19-35922.pdf (uscourts.gov)
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New York Man Sentenced to 18 Months for Threatening to Kill a United States SenatorRead the Press Release
ALBANY, NEW YORK – Carlo Di Padova, age 61, was sentenced last week to 18 months in prison for mailing a threatening communication and impeding, intimidating, and interfering with a federal official by threat.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Jodi Cohen, Acting Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Di Padova admitted to sending a letter to a United States Senator that contained a white powdery substance and stated that Di Padova planned to have someone shoot the Senator in the head. The powder in the letter was harmless.
The 18-month term of imprisonment, imposed on June 16, 2021, will run consecutive to a 16-year-to-life sentence that Di Padova was serving in New York State custody at the time of his indictment.
This case was investigated by the FBI and the New York State Department of Correction and Community Supervision, Office of Special Investigation, and prosecuted by Assistant U.S. Attorney Emily C. Powers.
New Orleans Men Pleads Guilty to Their Roles in A Federal Drug ConspiracyRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on June 14, 2021, that ROMALIS HARRIS, age 36, a resident of New Orleans, pled guilty to a two-count Superseding Bill of Information. In Count 1, HARRIS is charged with conspiracy to distribute and possess with the intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine hydrochloride in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(B), and 846. In Count 2, HARRIS is charged with use of communication facilities to further a drug trafficking crime in violation of Title 21, United States Code, Section 843(b).
According to court documents, HARRIS conspired with other members of a drug trafficking organization to distribute and possess with the intent to distribute cocaine hydrochloride and cocaine base. Additionally, HARRIS used a communication facility, the telephone, to facilitate the distribution and possession with intent to distribute cocaine base.
United States District Court Judge Susie Morgan will sentence HARRIS on September 23, 2021. For Count 1, HARRIS faces a mandatory minimum term of imprisonment of 5 years, with a possible maximum sentence of 40 years, a fine of up to $5,000,000.00, a period of supervised release of at least 4 years, and a mandatory special assessment fee of $100.00. For Count 2, HARRIS faces a term of imprisonment of up to 4 years, a fine of up to $250,000.00, a period of supervised release of up to 1 year, and a mandatory special assessment fee of $100.00.
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.
The case was investigated by the Drug Enforcement Administration and Jefferson Parish Sheriff’s Office. This case is being prosecuted by Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
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New Orleans Man Pleads Guilty for Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Tuesday, June 15, 2021, that MICHAEL LOUIS, a/k/a “Michael Lewis,” , age 61, a resident of New Orleans, Louisiana pled guilty to a two-count Superseding Bill of Information. In Count 1, LOUIS is charged with conspiracy to distribute and possess with the intent to distribute a quantity of a mixture or substance containing a detectable amount of cocaine hydrochloride in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and 846. In Count 2, LOUIS is charged with use of communication facilities to further a drug trafficking crime in violation of Title 21, United States Code, Section 843(b).
According to court documents, LOUIS conspired with other members of a drug trafficking organization to distribute and possess with the intent to distribute cocaine hydrochloride. Additionally, LOUIS used a communication facility, the telephone, to facilitate the distribution and possession with intent to distribute cocaine base (look into in FB).
United States District Court Judge Susie Morgan will sentence LOUIS on September 30, 2021. For Count 1, LOUIS faces a term of imprisonment of up to 20 years, a fine of up to $1,000,000.00, a period of supervised release of at least 3 years, and a mandatory special assessment fee of $100.00. For Count 2, LOUIS faces a maximum term of imprisonment of up to 4 years, a fine up to $250,000.00, a period of supervised release of up to 1 year, and a mandatory special assessment fee of $100.00.
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.”
The case was investigated by the Drug Enforcement Administration and Jefferson Parish Sheriff’s Office. This case is being prosecuted by Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
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New Orleans Man Pleads Guilty for Violating Federal Controlled Substances ActRead the Press Release
NEW ORLEANS, LOUISIANA – U.S. Attorney Duane A. Evans announced on Monday, June 14, 2021, that DEMARCO FORD, age 64, a resident of New Orleans, Louisiana pled guilty to a two-count Superseding Bill of Information. In Count 1, FORD is charged with conspiracy to distribute and possess with the intent to distribute a quantity of a mixture or substance containing a detectable amount of cocaine hydrochloride in violation of Title 21, United States Code, Sections 841(a)(1), (b)(1)(C), and 846. In Count 2, FORD is charged with use of communication facilities to further a drug trafficking crime in violation of Title 21, United States Code, Section 843(b).
According to court documents, FORD conspired with other members of a drug trafficking organization to distribute and possess with the intent to distribute cocaine hydrochloride. Additionally, FORD used a communication facility, the telephone, to facilitate the distribution and possession with intent to distribute cocaine base.
United States District Court Judge Susie Morgan will sentence FORD on September 28, 2021. For Count 1, FORD faces a term of imprisonment of up to 20 years, a fine of up to $1,000,000.00, a period of supervised release of at least 3 years, and a mandatory special assessment fee of $100.00. For Count 2, FORD faces a term of imprisonment of up to 4 years, a fine up to $250,000.00, a period of supervised release of up to 1 year, and a mandatory special assessment fee of $100.00.
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.”
The case was investigated by the Drug Enforcement Administration and Jefferson Parish Sheriff’s Office. This case is being prosecuted by Brittany Reed of the Violent Crime/Strike Force Unit of the U.S. Attorney’s Office.
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Nevada Resident Pleads Guilty to Being a Straw Firearms Purchaser of Firearms Confiscated at the Cyril E. King Airport, St. ThomasRead the Press Release
St. Thomas, USVI –United States Attorney Gretchen C.F. Shappert announced today that Michael Kelly, 30, a resident of Las Vegas, NV, pleaded guilty in federal court to trafficking firearms in interstate and foreign commerce.
According to court documents, on April 16, 2016, Kelly purchased two firearms, a Romarm/Century Arms Draco caliber 7.62x39mm and a Glock Model 22 pistol 40 caliber S&W, from a firearms dealer in Las Vegas, NV. In purchasing the firearms, Kelly completed the necessary forms provided by the ATF, including the ATF Form 4473 for this purchase on April 16, 2016. On the Form 4473, the defendant stated that he was the actual buyer and was not purchasing the firearms for another person. After purchasing the firearms, Kelly provided the firearms to his co-defendant, Naeem Smith, who paid the defendant $1,200.00 for the purchase.
On April 25, 2016, Kelly purchased two firearms, a Glock Model 22 pistol 40 caliber S&W and a Glock Model 22 pistol 40 caliber S&W, from another firearms dealer in Las Vegas, NV. He completed the necessary forms provided by the ATF, including completing and signing the ATF Form 4473 for his purchase on April 25, 2016. In the form, Kelly stated that he was the actual buyer and was not purchasing the firearms for another person. After purchasing the firearms, Kelly provided the firearms to Naeem Smith, who paid the defendant $1,800.00 for the purchase.
On April 28, 2016, Naeem Smith traveled to St. Thomas, V.I. from Las Vegas, NV. At the Cyril E. King Airport in St. Thomas, V.I., Customs and Border Protection (CBP) Officers inspected Naeem Smith’s checked bag and discovered multiple firearms, including the firearms that defendant Michael Kelly, had purchased for Naeem Smith described previously.
Kelly faces up to five-years’ imprisonment and a fine of up to $250,000.00. A sentencing date will be set by the Court.
This case is being investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and prosecuted by Assistant U.S. Attorney Juan Albino and is part of the Department of Justice’s Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is a nationwide initiative that brings together federal, state, local and tribal law enforcement officials, prosecutors, and community leaders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. For more information on the Department of Justice’s Project Safe Neighborhoods, please see: https://www.justice.gov/psn.
Navy Mechanic Sentenced to 210 Years for Sexually Assaulting 7 Young Girls, Producing Child PornographyRead the Press Release
RANDALL TILTON, 32, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 210 years of imprisonment for child pornography production offenses related to his sexual of abuse of seven young girls in three states over the course of several years.
According to court documents and statements made in court, on November 1, 2019, Tilton was arrested on state sexual assault charges after he admitted in an interview with Town of Groton Police that he had sexually assaulted several minor victims, and that he had recorded some of the sexual assaults. Subsequent examination of a laptop, tablet, cellphone and two flash drives seized from Tilton revealed that, beginning in approximately 2014, Tilton sexually assaulted seven girls who were between the ages of four months and eight years old. Tilton photographed and video recorded many of these sexual assaults. Some of the images depict a minor victim bound and restrained while Tilton sexually assaulted her. Tilton distributed some of the videos of these sexual assaults on the dark web through the Tor network.
Tilton’s electronic devices also included thousands of images and videos of the sexual abuse of other minors, including sadomasochistic images of minors in bondage, sexual assaults on infants, and sexual acts on the corpse of a minor.
When he was arrested, Tilton was employed as a forward auxiliary mechanic in the U.S. Navy and was residing in Groton. The investigation revealed that Tilton sexually assaulted children in Connecticut, New Hampshire and California.
"Tilton systematically and repeatedly preyed upon young children for his own sexual pleasure,” said Acting U.S. Attorney Leonard C Boyle. “And since some of videos of his sexual abuse of one child will likely exist forever on the internet, he has ensured that she will continue to be victimized, every time those images are viewed by others, for the rest of her life. I commend the FBI, NCIS and Groton Town Police Department investigators for helping to ensure justice for these children and their families, and I thank the New London State’s Attorney’s Office for its close cooperation in the investigation and prosecution of this case. Their combined effort, and this severe sentence, will undoubtedly protect children from future harm.”
“Today’s sentence will ensure that Mr. Tilton will not be able to inflict physical and emotional pain on our society’s most vulnerable population, said David Sundberg, Special Agent in Charge of the New Haven Division of the Federal Bureau of Investigation. “The horrific nature of these crimes serves as a constant reminder of why we as law enforcement and all residents of this country must do everything we can to protect our children at all times.”
“The Groton community is safer today now that a serial sexual predator who preyed on numerous children, the majority of whom are Navy dependents, has been brought to justice,” said NCIS Northeast Field Office Special Agent in Charge Michael Wiest. “We offer our heartfelt gratitude to the Groton Town Police Department and the FBI for their substantial efforts to bring resolution to these reprehensible crimes. NCIS remains committed to working closely with our local and federal law enforcement partners to protect children in the vibrant communities where Department of the Navy personnel live and work.”
“I must emphasize that this case is among the most disturbing and heinous series of acts that any law enforcement officer will ever encounter in their careers,” said Chief Louis J. Fusaro, Jr. of the Town of Groton Police Department. “It will stay with all of them and the victims for the rest of their lives. I could not be prouder of the work done by our detectives and investigators who dedicated hundreds of hours conducting interviews of victims, gathering and reviewing digital evidence, and ultimately obtaining a confession from Tilton that would lead to this conviction. Through the exceptional efforts of these officers and in partnerships with federal agents, the Connecticut Department of Correction and prosecutors from the New London State’s Attorney’s Office and the U. S. Attorney’s Office, this predator will never victimize another child. I also want to acknowledge the involvement of forensic interviewers from the New London County Child Advocacy Center who played a critical role in this case from the very beginning. The public should know that through these partnerships and the combined efforts of all involved, that it is a team effort to bring criminals like this to justice. We hope that the conviction of this predator will help the many victims impacted by his actions to begin the healing process.”
Tilton has been detained since his arrest. On December 7, 2020, he pleaded guilty to seven counts of production of child pornography.
This matter was investigated by the Federal Bureau of Investigation, the Naval Criminal Investigative Service and the Town of Groton Police Department. The case was prosecuted by Assistant U.S. Attorneys Nancy V. Gifford and Amanda S. Oakes.
This prosecution is part of the U.S. Department of Justice’s Project Safe Childhood Initiative, which is aimed at protecting children from sexual abuse and exploitation. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
To report cases of child exploitation, please visit www.cybertipline.com.
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.