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Wednesday 14 April 2021
Man Sentenced for Attempted Robbery of ATMRead the Press Release
NEW ORLEANS, LA – THEODORE KEYS, age 40, a resident of New Orleans, was sentenced on April 13, 2021 for conspiracy to commit bank larceny, announced U.S. Attorney Duane A. Evans. KEYS was sentenced to 24 months in prison, 1 year of supervised release, and a $100 special assessment. He was also ordered to pay $39,324 in restitution to Capital One Bank for damage caused to the ATM machine.
According to court records, on or about February 5, 2020, KEYS and others attempted to break into an ATM located in the drive-through of a Capital One Bank using sledgehammers, crowbars, chains, and a truck. Just prior to this robbery attempt, KEYS and others were observed in the same truck attempting to break into an ATM at Hancock Whitney Bank.
U.S. Attorney Evans praised the work of the Federal Bureau of Investigation and the New Orleans Police Department in investigating this matter. The prosecution of this case is being handled by Assistant U. S. Attorney G. Dall Kammer, Chief of the General Crimes
Man Pleads Guilty to Counterfeit COVID-19 Stimulus Checks SchemeRead the Press Release
ALEXANDRIA, Va. – A Reston man pleaded guilty today to bank fraud and aggravated identity theft in connection with a scheme to create counterfeit Economic Impact Payments (also known as COVID-19 stimulus checks), and for attempting to conduct a series of fraudulent financial transactions.
“The defendant illegally obtained the personal identifiers and financial information of more than 150 individuals in EDVA by stealing their mail, which he then used to conduct fraudulent transactions and create counterfeit COVID-19 stimulus checks,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We are firmly committed to holding accountable fraudsters who engage in identity theft and exploit a national economic crisis for personal gain at the expense of hardworking members of our communities.”
According to court documents, Jonathan Drew, 38, stole U.S. mail addressed to more than 150 individuals in Fairfax County between approximately December 2019 and August 2020. The mail Drew stole included bank statements, credit cards, credit card statements, W-2 forms, and more than $700,000 in checks, including a COVID-19 stimulus payment and checks Drew used to create counterfeit checks.
According to court documents, Drew used the stolen stimulus check to create counterfeit stimulus checks ranging from $1,200 to $2,400, and he negotiated his own authentically issued stimulus check twice. Drew also used the personally identifiable information of several individuals without authorization to lease an apartment, open bank accounts, and attempt to conduct fraudulent transactions through counterfeit checks, forged checks, unauthorized use of credit cards, and wire transfers.
Drew is scheduled to be sentenced on August 25. He faces a maximum penalty of 32 years in prison, including a mandatory minimum of two years. Actual sentences for federal crimes are typically less than the maximum penalties. A federal district court judge will determine any sentence after taking into account the U.S. Sentencing Guidelines and other statutory factors.
Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia; J. Russell George, Treasury Inspector General for Tax Administration; Peter R. Rendina, Inspector in Charge of the Washington Division of the U.S. Postal Inspection Service; David M. Rohrer, Fairfax County Interim Chief of Police and Deputy County Executive for Public Safety; and Michael L. Chapman, Loudoun County Sheriff, made the announcement after U.S. District Judge Anthony J. Trenga accepted the plea.
Special Assistant U.S. Attorney Roberta O. Roberts and Assistant U.S. Attorney Russell L. Carlberg are prosecuting the case.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 1:21-cr-71.
Labor Contractor Indicted for Operating Undocumented Worker Conspiracy and Extensive Tax FraudRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Miguel Morales, 48, of Quarryville, PA; Jose Morales, 39, also of Quarryville, PA; Oscar Carrillo-Perez, 35, of West Grove, PA; and Santiago Garcia-Ramirez, 44, of Landenberg, PA; were arrested in a take-down operation conducted this morning following their Indictment on charges of conspiring to transport, and transporting, people who are not lawfully present in the United States. Additionally, Morales was charged with making false statements. In a separate Indictment, Miguel Morales and Lawrence Urena, 49, of Spring Lake, North Carolina (who was also arrested) were charged with conspiracy to defraud the United States and failure to collect and pay employment taxes.
According to the first Indictment, Miguel Morales, who owns and operates Morales Contractor based in Pennsylvania, provided a contracted labor force to various mushroom farms in Chester County, PA. These farms were businesses that were independent from Morales.' The labor force Morales provided was comprised of hundreds of undocumented workers. Morales provided some of these workers with housing in 10 properties that he owns in Lancaster and Chester Counties, and with transportation to and from the farms where they worked – charging those workers for both rent and transportation. The Indictment alleges that, from at least 2018, Miguel Morales, Carrillo-Perez, Garcia-Ramirez, and Jose Morales conspired to transport these undocumented workers who were illegally in the United States. The Indictment also alleges that Miguel Morales hired people regardless of their immigration status, hired undocumented aliens who were not lawfully present in the United States, did not file Form W-2 Wage and Tax Statements, and failed to collect and pay over to the IRS employment taxes for his business.
Defendants Carrillo-Perez, Garcia-Ramirez, and Jose Morales allegedly participated in the conspiracy by driving vehicles registered to Miguel Morales to transport the undocumented workers between their residences and the farms where they worked for Morales Contractor, handing out paychecks to the workers, and driving them to La Latina Intemational Market in Oxford, PA, where they could cash their paychecks and wire money to foreign countries. La Latina also was operated by Miguel Morales. The remaining counts of the Indictment charge all of the defendants with transporting undocumented people across state lines on various dates.
The second Indictment alleges that Miguel Morales and Lawrence Urena conspired to obstruct the IRS in its lawful assessment and collection of unemployment taxes. According to this Indictment, Urena operated Urena Accounting, which was a tax preparation business that handled accounting work for Morales, including weekly payroll. For calendar year 2020, Morales paid wages of $3,644,142 to employees, many of whom earned $10 per hour, which required him to withhold and pay over to the IRS approximately $921,968 in employment taxes. However, Morales allegedly paid no employment taxes to the IRS in 2020. Further, the Indictment also alleges that from 2015 to 2018, Morales paid the IRS only a fraction of what he owed, resulting in a tax loss of approximately $2 million.
“According to the Indictment, Miguel Morales and the other defendants knew they were employing undocumented workers as part of a years-long scheme to avoid paying their fair share of taxes to the United States,” said Acting U.S. Attorney Williams. “This case is about exploiting those less fortunate out of sheer greed. This type of fraud will not be tolerated in this District, and these defendants will now have to answer to these charges.”
If convicted, the defendants could face the following possible sentences: Miguel Morales faces a maximum possible sentence of 250 years of in prison, and a $8,750,000 fine; Lawrence Urena faces a maximum possible sentence of five years in prison, and a $250,000 fine; Carrillo-Perez faces a maximum possible sentence of 65 years of in prison, a $1,750,000 fine; Garcia-Ramirez faces a maximum possible sentence of 85 years in prison, and a$2,250,000 fine; and a Jose Morales faces a maximum possible sentence of 15 years of imprisonment, $500,000 and a period of supervised release of 3 years.
The case was investigated by Internal Revenue Service Criminal Investigation, Homeland Security Investigations, Department of Labor Office of Inspector General, and the Chester County Detectives; and is being prosecuted by Assistant United States Attorney Karen Grigsby.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Kent County Tax Preparer Indicted for Preparing False ReturnsRead the Press Release
A federal grand jury alleges Gonzalo Rodriguez concealed his involvement in the scheme
by using the IRS filing credentials of other tax return preparers.
GRAND RAPIDS, MICHIGAN — United States Attorney Andrew Birge announced today that a federal grand jury charged Gonzalo Ramon Rodriguez, of Kent County, with aiding and assisting in the preparation and presentation of false and fraudulent tax returns, and aiding and abetting the filing of false claims against the United States Department of the Treasury.
According to the indictment, Gonzalo Rodriguez provided tax preparation services using electronic filing identification and preparer tax identification numbers that were assigned to two other e-file providers. For the tax years 2014 through 2018, Rodriguez allegedly selected the wrong filing status for his clients to maximize his preparation fees, attached Schedules C to tax returns that reported business expenses that the taxpayers did not incur, and claimed the Earned Income Tax Credit for taxpayers who did not otherwise qualify. The indictment further alleges that those actions fraudulently reduced his clients’ tax liabilities and increased their refunds.
If convicted, Rodriguez faces a maximum sentence of 3 years in prison for the false and fraudulent tax return counts and 5 years in prison for the false claims counts. Rodriguez also faces a period of supervised release, restitution, and monetary penalties. Actual sentences for federal crimes are typically less than the maximum penalties provided by law. Upon conviction, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
The charges in the indictment are merely accusations and are not evidence of guilt. The defendant is presumed innocent unless and until proven guilty in a court of law. The government has the burden of proving guilt beyond a reasonable doubt.
The Grand Rapids office of the Internal Revenue Service – Criminal Investigation is investigating this case. A date for Rodriguez’s arraignment has not yet been scheduled.
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Judges sentences St. Louis man for being a felon in possession of a firearmRead the Press Release
ST. LOUIS – United States District Judge John A. Ross sentenced Randy Clark to 77 months in prison today. The 34-year-old St. Louis, Missouri resident pleaded guilty to one count of being a felon in possession of a firearm.
On October 25, 2019, Clark was driving a vehicle with expired tags when officers from the North County Police Cooperative stopped him. At the time of the stop, Clark had a bag strapped to his torso. Police learned Clark was wanted as a suspect and asked him to exit the vehicle. Clark was initially non-compliant, but finally exited the vehicle after multiple requests.
Officers found a .40 caliber semiautomatic firearm in the bag around Clark’s torso. The firearm was loaded with nine rounds of ammunition.
The North County Police Cooperative investigated this case. Assistant United States Attorney Jason Dunkel is handling the case.
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Jamesville Man Pleads Guilty to Distribution, Transportation and Possession of Child PornographyRead the Press Release
SYRACUSE, NEW YORK – Roy Bovee, age 34, of Jamesville, New York, pled guilty today before United States District Judge David N. Hurd to one count of distribution of child pornography, one count of transportation of child pornography and one count of possession of child pornography, announced Acting United States Attorney Antoinette T. Bacon, Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), and Acting New York State Police Superintendent Kevin P. Bruen.
Bovee, who remains detained pending his sentencing scheduled for August 11, 2021, faces 15 years imprisonment on the charges. The Court will also impose a term of supervised release of between five (5) years and life. A defendant’s sentence is imposed by a judge based on the statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.
As part of his guilty plea, Bovee admitted that in July 2020 he used the Kik Messenger application on his cellular telephone to distribute child pornography to other other Kik users. A search of the defendant’s cellular telephone revealed that he possessed 152 images and 113 video files depicting minors engaged in sexually explicit conduct. The images and videos included depictions of the rape and sodomy of prepubescent children. In addition, Bovee admitted to uploading over 100 images and videos depicting minors engaged in sexually explicit conduct to his on-line cloud storage account. Bovee is registered sex offender who while in the military was convicted in 2010 of Distribution of Child Pornography sentenced to 20 months imprisonment and given a bad conduct discharge. He was also convicted in 2014 of failing to register as a sex offender and sentenced by United States District Judge David N. Hurd to 54 months in prison. The defendant faces an additional sentence for violating his terms of supervised release for his 2014 conviction.
Bovee’s case was investigated by the FBI Syracuse Mid-State Child Exploitation Task Force, comprised of FBI Special Agents and Investigators of the New York State Police, Bureau of Criminal Investigation (BCI), and Computer Crimes Unit (CCU) with assistance from the United States Probation Office The case is being prosecuted by Assistant U.S. Attorney Geoffrey J. L. Brown as a part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS). Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Jackson Man Pleads Guilty to Armed Robbery of Jackson Ice Company Gas StationRead the Press Release
Jackson, Miss. – Timothy Dante Alexander, 27, of Jackson, pled guilty yesterday before U.S. District Judge Carlton W. Reeves, to brandishing a firearm during and in relation to a crime of violence, announced Acting U.S. Attorney Darren LaMarca and Special Agent in Charge Kurt Thielhorn with the Bureau of Alcohol, Tobacco, Firearms and Explosives.
On August 27, 2020, Timothy Dante Alexander robbed the Jackson Ice Company gas station on Jefferson Street at gunpoint. Surveillance video shows Alexander entering the store with a gun and walking behind the counter. Alexander pointed the gun at the store clerk and took $1000 cash from the register. Alexander was later apprehended wearing the same clothing in the surveillance video, a backpack as seen in the video, a gun and approximately $1000 in cash.
Alexander will be sentenced on July 15, 2021, at 9:00 a.m. and faces a minimum of seven years in prison and a maximum of life, as well as a potential maximum fine of $250,000.
This case is part of Project EJECT, an initiative by the U.S. Attorney’s Office for the Southern District of Mississippi under the U.S. Department of Justice’s Project Safe Neighborhoods (PSN) and Project Guardian. EJECT is a holistic, multi-disciplinary approach to fighting and reducing violent crime through prosecution, prevention, re-entry and awareness. EJECT stands for “Empower Justice Expel Crime Together.” PSN is bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Jackson Police Department investigated the case. The case was prosecuted by Assistant United States Attorney Chris Wansley.
Illegal Alien Sentenced to 44 Months in Federal Prison for Possession of a FirearmRead the Press Release
RALEIGH, N.C. – The United States Attorney’s Office for the Eastern District of North Carolina announced that today, in federal court, Silvano Dominguez-Torres, age 32, a citizen of Mexico residing in Wake County, North Carolina, illegally present in the United States, was sentenced by United States District Judge Terrence W. Boyle to 44 months imprisonment following a guilty plea to unlawful and illegal alien in possession of a firearm.
According to an affidavit filed in support of a criminal complaint, Dominguez-Torres, illegally entered the United States without inspection at an unknown place and date. Thereafter, according to the affidavit, Dominguez-Torres was deported from the United States and reentered without permission as follows:
- On March 13, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
- On March 26, 2014, he was deported to Mexico at Brownsville, Texas and reentered the United States thereafter without permission.
- On September 18, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
- On May 3, 2016, he was deported to Mexico at El Paso, Texas and reentered the United States thereafter without permission.
- On October 12, 2017, he was deported to Mexico at El Paso, Texas and reentered the United States thereafter without permission.
Additionally, according to the affidavit, on March 5, 2019, Dominguez-Torres was arrested in Wake County, North Carolina by local law enforcement.
According to court records and information provided in court, on July 26, 2020, a traffic stop was conducted by North Carolina State Highway Patrol in Wake County, North Carolina, on a vehicle driven by Dominguez-Torres. Dominguez-Torres was suspected of driving while impaired. Dominguez-Torres attempted to flee the trooper on foot and resisted arrest for over 10 minutes. In addition, Dominguez-Torres bit the trooper on his hand to avoid being handcuffed. Dominguez-Torres was subsequently taken into custody. The trooper had to seek a medical evaluation. A search of Dominguez-Torres’s vehicle revealed a .380 caliber handgun located on the passenger side floor. The firearm was reported stolen. Fingerprints submitted to DHS and FBI databases confirmed Dominguez-Torres’s identity as a previously deported alien. Dominguez-Torres was charged with illegal reentry of a deported alien via criminal complaint on July 30, 2020, and on September 2, 2020, he was indicted for illegal reentry and unlawful and illegal alien in possession of a firearm. He pled guilty on November 16, 2020.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement. Agents with ICE’s Homeland Security Investigations and Enforcement and Removal Operations, in conjunction with the North Carolina State Highway Patrol, investigated the case.
Related court documents and information are located on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case Nos. 5:20-cr-00376-BO and 5:20-mj-1789-JG.
- On March 13, 2014, he was deported to Mexico at Laredo, Texas and reentered the United States thereafter without permission.
Houston man admits to exploiting minors he met onlineRead the Press Release
HOUSTON – A 41-year-old Houstonian has entered guilty pleas to coercion and enticement of a minor as well as sexual exploitation of a child, announced Acting U.S. Attorney Jennifer B. Lowery.
Thomas Douglas Butler had met a 14-year-old female on a social media/video chat site. After grooming her through their communications, he traveled to San Antonio to pick her up and bring her to his residence in a Houston hotel. While there, the victim reported Butler engaged in sex acts with her, provided her with alcohol on numerous occasions and gave her very little food.
Authorities located the victim Aug. 18, 2020, reunited her with her family and arrested Butler.
Law enforcement searched Butler’s hotel residence and seized several documents and electronic devices. This led to the discovery of a second minor female victim who resided out of state. Butler had groomed her to perform sexually illicit behavior such as exposing her genitals in a lewd and lascivious manner during Skype video sessions, some of which he recorded.
Butler then coerced her into continuing to engage in sexually charged chats. If she failed to comply, he would threaten to notify her parents or others of their relationship and potentially distributing the videos he created from the Skype chats.
U.S. District Judge Alfred Bennett accepted the plea and set sentencing for June 24. If convicted, Butler faces up to life in prison for the coercion and enticement as well as another minimum of 15 and up to 30 years for sexual exploitation of a child. Both charges also carry potential fines up to $250,000. He could also be ordered to pay thousands of dollars in special assessments and restitution.
Found to be a danger to the community and a flight risk, Butler has been and will remain in custody pending that hearing.
The FBI conducted the investigation.
Assistant U.S. Attorney Sherri L. Zack is prosecuting the case, which was brought as part of Project Safe Childhood (PSC), a nationwide initiative the Department of Justice (DOJ) launched in May 2006 to combat the growing epidemic of child sexual exploitation and abuse. U.S. Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section leads PSC, which marshals federal, state and local resources to locate, apprehend and prosecute individuals who sexually exploit children and identifies and rescues victims. For more information about PSC, please visit DOJ’s PSC page. For more information about internet safety education, please visit the resources tab on that page.
Hazleton Man Indicted for Firearms and Drug Trafficking OffensesRead the Press Release
SCRANTON – The United States Attorney’s Office for the Middle District of Pennsylvania announced that Michael Shirley, age 28, of Hazleton, Pennsylvania, was indicted on April 13, 2021, by a federal grand jury for drug trafficking and firearms offenses.
According to Acting United States Attorney Bruce D. Brandler, the indictment charges Shirley with distributing fentanyl and methamphetamine and possessing with the intent to distribute fentanyl, methamphetamine, and cocaine. The indictment further charges Shirley with possessing two firearms, including a 5.56 caliber rifle, in furtherance of a drug trafficking offense and for possessing them having been previously convicted of a felony offense.
The matter was investigated by the Federal Bureau of Investigations (FBI), and the Pennsylvania State Police. Assistant United States Attorney James Buchanan is prosecuting the case.
This case was brought as part of a district wide initiative to combat the nationwide epidemic regarding the use and distribution of heroin. Led by the United States Attorney’s Office, the Heroin Initiative targets heroin traffickers operating in the Middle District of Pennsylvania and is part of a coordinated effort among federal, state and local law enforcement agencies to locate, apprehend, and prosecute individuals who commit heroin related offenses.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. The Department of Justice reinvigorated PSN in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally-based strategies to reduce violent crime.
Indictments are only allegations. All persons charged are presumed to be innocent unless and until found guilty in court.
A sentence following a finding of guilt is imposed by the Judge after consideration of the applicable federal sentencing statutes and the Federal Sentencing Guidelines.
The maximum penalty under federal law for these offenses is life imprisonment, a term of supervised release following imprisonment, and a fine. Under the Federal Sentencing Guidelines, the Judge is also required to consider and weigh a number of factors, including the nature, circumstances and seriousness of the offense; the history and characteristics of the defendant; and the need to punish the defendant, protect the public and provide for the defendant's educational, vocational and medical needs. For these reasons, the statutory maximum penalty for the offense is not an accurate indicator of the potential sentence for a specific defendant.
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Harrison County Man Sentenced for Possessing Pipe BombRead the Press Release
MARSHALL, Texas – A Marshall, Texas man has been sentenced to prison for federal violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei.
Thomas Asa Harbarger, 57, pleaded guilty on Nov. 17, 2020, to possession of an unregistered destructive device and was sentenced to 72 months in federal prison today by U.S. District Judge Rodney Gilstrap.
“We are proud to work with our state and local partners to protect the public and ensure the safety of our community,” said Acting U.S. Attorney Nicholas J. Ganjei. “Thanks to the diligence and quick thinking of the Texas State Trooper in this case, a dangerous criminal is off the street.”
According to information presented in court, on August 2, 2019, Harbarger was working on a disabled vehicle on the side of Highway 49 in Cass County, Texas when he was approached by a Texas State Trooper. During the incident the trooper learned that the vehicle had been reported stolen. When asked for identification, Harbarger told the trooper he did not have his identification and gave a fictitious name. Harbarger was subsequently detained, where it was determined that he had outstanding warrants. After Harbarger’s arrest, a homemade pipe bomb was found in the driver’s side door pocket of the vehicle. A later inspection of the device by the ATF, concluded that the pipe bomb was capable of causing injury or death to a person.
This case was prosecuted as part of the Project Safe Neighborhoods Initiative. Project Safe Neighborhoods is aimed at reducing gun and gang violence; deterring illegal possession of guns, ammunition, and body armor; and improving the safety of residents in the Eastern District of Texas. Participants in the initiative include community members and organizations as well as federal, state, and local law enforcement agencies.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, the Texas Department of Public Safety, and the Atlanta, Texas Police Department. The case was prosecuted by Assistant U.S. Attorney Jim Noble.
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Green Island Man Sentenced to 151 Months for Receiving and Possessing Child PornographyRead the Press Release
ALBANY, NEW YORK – Arthur L. Gurbey, age 48, of Green Island, New York, was sentenced today to 151 months in prison for receiving and possessing child pornography. The announcement was made by Acting United States Attorney Antoinette T. Bacon and Thomas F. Relford, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI).
As part of his previously entered guilty plea, Gurbey admitted to possessing 101 videos and 90 images of child pornography, which were found on a phone that Gurbey was carrying when he was arrested after attempting to meet with someone he believed to be a 15-year-old girl.
Senior United States District Judge Thomas J. McAvoy also imposed a 15-year term of supervised release, to begin after Gurbey is released from prison. Judge McAvoy also ordered Gurbey to pay $3,000 to each of three victims whose images of abuse Gurbey possessed.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes members of the New York State Police, the Saratoga County Sheriff’s Office, and the Colonie Police Department. The case was prosecuted by Assistant U.S. Attorney Emily C. Powers.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. Led by the United States Attorney’s’ offices, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit http://www.justice.gov/psc/.
Grant County woman admits to drug chargeRead the Press Release
ELKINS, WEST VIRGINIA – Melissa Dawn Bailey, of Cabins, West Virginia, has admitted today to a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Bailey, 41, pleaded guilty to one count of “Distribution of Methamphetamine.” Bailey admitted to selling methamphetamine, also known as “crystal meth,” in June 2020 in Grant County.
Bailey 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, a HIDTA-funded initiative, and the Moorefield Police Department investigated. The task force consists of the FBI, the West Virginia State Police, the Grant County Sheriff’s Office, the Mineral County Sheriff’s Office, the Hampshire County Sheriff’s Office, and the Keyser Police Department.
U.S. Magistrate Judge Michael John Aloi presided.
Grand Jury Returns IndictmentsRead the Press Release
MADISON, WIS. – A federal grand jury in the Western District of Wisconsin, sitting in Madison, returned the following indictments today. You are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.
DeForest Man Charged with Child Pornography Crimes & Extortion
Cash Otradovec, 30, DeForest, Wisconsin is charged with 3 counts of attempting to produce child pornography, 3 counts of producing child pornography, and 5 counts of extortion.
The indictment alleges that on three occasions in February through April 2020, Otradovec attempted to use, persuade, induce, entice and coerce three minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct. It further alleges that on three additional occasions in March through April 2020, he used, persuaded, induced, enticed and coerced three other minors to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct.
The indictment also charges Otradovec with transmitting communications to 5 of the minor victims containing threats to injure the reputation of the victim, with the intent to extort a thing of value from the victim, in February through April 2020.
If convicted, Otradovec faces a mandatory minimum penalty of 15 years and a maximum of 30 years in federal prison on each child pornography charge. The maximum penalty for each extortion charge is 2 years in federal prison. The charges against Otradovec are the result of an investigation by the Federal Bureau of Investigation. Assistant U.S. Attorney Julie Pfluger is handling the prosecution.
Dane County Man Charged with Possession of Child Pornography
William Heitman, 34, Verona, Wisconsin, is charged with possessing child pornography. The indictment alleges that on June 5, 2020, Heitman possessed Micro SD cards containing depictions of minors engaging in sexually explicit conduct. The indictment further alleges that at least one of the depictions involved a minor who had not attained 12 years of age.
If convicted, Heitman faces a mandatory minimum sentence of 10 years and a maximum of 20 years in federal prison. The charge against him is the result of an investigation by the Verona Police Department and Federal Bureau of Investigation. Assistant U.S. Attorney Julie Pfluger is handling the prosecution.
Two Illinois Men Charged with Armed Robberies of Lake Delton Businesses
Deon Brown, 27, Zion, Illinois, and Cortez Thurmond, 28, North Chicago, Illinois, are charged with robbing two businesses in Lake Delton, Wisconsin. The indictment alleges that Brown and Thurmond robbed Alpha Red Studio and Gifts of the World on July 28, 2020, and that during each robbery the defendants brandished a dangerous weapon at the employees of the businesses.
If convicted, Brown and Thurmond face a maximum penalty of 20 years in federal prison on each charge. The charges against them are the result of an investigation by the Lake Delton Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Aaron Wegner is handling the prosecution.
Eau Claire Man Charged with Gun Crimes
Gavin Potter, 21, Eau Claire, Wisconsin, is charged with 2 counts of being a felon in possession of a firearm. The indictment alleges that from December 16 to 28, 2020, he possessed a .380 handgun, and that from December 28 to 29, 2020, he possessed a 9mm handgun.
If convicted, Potter faces a maximum penalty of 10 years in federal prison on each charge. The charges against him are the result of an investigation by the Eau Claire County Sheriff’s Office and the Bureau of Alcohol, Tobacco, Firearms and Explosives. Assistant U.S. Attorney Corey Stephan is handling the prosecution.
Four individuals indicted on federal firearms feloniesRead the Press Release
SAVANNAH, GA: Four defendants face felony charges including illegal firearms possession after indictment by a U.S. District Court grand jury in the Southern District of Georgia.
The cases are being investigated in collaboration with federal, state and local law enforcement agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). All of the defendants are prohibited from possessing firearms.
“Along with our law enforcement partners, we will vigorously enforce existing laws to keep guns from the hands of those who are prohibited from possessing them,” said David H. Estes, Acting U.S. Attorney for the Southern District of Georgia. “We especially applaud our continued collaboration with the ATF.”
In the past three years, more than 665 defendants were federally charged in the Southern District of Georgia for illegal firearms offenses – most often for possessing a firearm after having been convicted of a previous felony. The charge carries a statutory penalty upon conviction of up to 10 years in prison, and there is no parole in the federal system.
Those named in federal indictments from the April 2021 term of the U.S. District Court grand jury include:
- Donald Lorenzo Evans Jr., 43, of Augusta, charged with Possession of Cocaine with Intent to Distribute; Possession of Marijuana; Possession of a Firearm in Furtherance of a Drug Trafficking Crime; Possession of a Firearm by a Convicted Felon; and Possession of a Firearm by a Prohibited Person, in reference to a prior conviction for domestic violence;
- Matthew James Gordon, 26, of Savannah, charged with Possession of Cocaine and Crack Cocaine, and Possession of a Firearm by a Convicted Felon.
- Kevin James Allen, 42, of Savannah, charged with Possession of a Firearm by a Convicted Felon; and,
- King Coney, 29, of Savannah, charged with Possession of a Firearm by a Convicted Felon.
Criminal indictments contain only charges; defendants are presumed innocent unless and until proven guilty.
In addition to these indictments, convicted felon Jonah Robert Schafner, 33, of Grovetown, was indicted on one count of Escape from Custody. On March 9, Schafner was sentenced in U.S. District Court in Augusta to 108 months in prison after pleading guilty to Possession of a Firearm by a Convicted Felon, and Possession of Firearms by a Convicted Felon. The new indictment alleges that after his sentencing hearing, Schafner escaped from the Jefferson County Jail while he was awaiting transfer to federal prison. He was taken into custody four days later in Columbia County, and if convicted of Escape faces an additional sentence of up to five years in prison.
These cases also were investigated under the Prosecutor to Prosecutor Program (P3), in which federal and state prosecutors collaborate to determine the most appropriate venue for adjudication of alleged crimes.
Agencies investigating these cases include the ATF; Savannah Police Department; the Richmond County Sheriff’s Office; and the Columbia County Sheriff’s Office, with assistance from the U.S. Marshals Service.
The cases are being prosecuted for the United States by Southern District U.S. Attorney’s Office Assistant U.S. Attorneys, including Project Guardian Coordinator Henry W. Syms; Jennifer A. Stanley; Joseph McCool; and Marcela C. Mateo.
Under federal law, it is illegal for an individual to possess a firearm if he or she falls into one of nine prohibited categories including being a felon; illegal alien; or unlawful user of a controlled substance. Further, it is unlawful to possess a firearm in furtherance of a drug trafficking offense or violent crime. It is also illegal to purchase – or even to attempt to purchase – firearms if the buyer is a prohibited person or illegally purchasing a firearm on behalf of others. Lying on ATF Form 4473, which is used to lawfully purchase a firearm, also is a federal offense.
For more information on the lawful purchasing of firearms, please see: https://www.atf.gov/qa-category/atf-form-4473.
Four Men Arrested for Smuggling and Concealing $1.28 Million Following Apprehension Near Stumpy Beach on St. Thomas, V.I.Read the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that charges were filed against four men for smuggling and concealing approximately $1.28 million dollars. Geraldo Alverio Morales, Jesus Javier Lebron Pinto, and Alcibiades Flis Batista were arrested Wednesday evening, April 7, 2021, and made their initial appearances in federal court on April 8, 2021. Joshua Laboy Lozada was arrested on April 8, 2021 and made his initial appearance on April 9, 2021.
The detention hearings for Alcibiades Flis Batista and Joshua Laboy Lozada were held April 13, 2021. Flis Batista was ordered detained. Laboy Lozada was released on bail on home detention and electronic monitoring. Alverio Morales and Lebron Pinto’s detention hearings are scheduled for Friday, April 16, 2021.
According to court documents, on April 7, 2021 at approximately 5:00 p.m., Customs and Border Protection (CBP) Air and Marine officers were conducting border security patrols in the Stumpy Beach area, on the west end of St. Thomas, V.I. Stumpy Beach is known by law enforcement officers for its history of contraband smuggling activity. During the patrol, CBP officers observed a silver Ford Explorer passing with dark tinted windows. CBP officers continued down toward the beach and observed an unknown male emerge from the bushes. The unknown male appeared nervous upon seeing the CBP officers. The CBP officers continued to monitor the subject and observed him talking on his cell phone. CBP officers later observed that the silver Ford Explorer, previously seen along the road, had returned to the beach area. The occupant of the vehicle later approached the unknown male and they began talking to each other.
CBP officers continued their surveillance. At approximately 7:05 p.m., CBP officers observed a wake in the ocean and the sound of a boat engine on the beach. They notified other CBP team members that a vessel traveling without navigational lights was approaching Stumpy Beach. After the vessel arrived in the area, the silver Ford Explorer travelled from the beach area towards the main road. CBP officers, who were also located along the rugged road, saw the silver Ford Explorer attempting to leave the Stumpy Beach area. The officers identified themselves by shining their vehicle lights along with the law enforcement blue lights. After seeing the law enforcements lights, the driver, later identified as Alcibiades Flis Batista, suddenly reversed the silver Ford Explorer until it was stuck in the dirt. After the vehicle became stuck, Batista exited the vehicle and ran into the bush.
Officers approached the silver Ford Explorer and observed three large black bags in the trunk of the vehicle. The bags contained approximately $1.28 million dollars in U.S. currency. The bags were wet, and the currency was wrapped in bundles of vacuum sealed plastic.
Other officers who were at sea, observed that a boat was beached on Stumpy Beach. Additional law enforcement officers assisted with both the search of the occupants of the vessel and the driver of the silver Ford Explorer.
A few hours later, officers located Geraldo Alverio Morales, Jesus Javier Lebron Pinto, and Alcibiades Flis Batista in an area adjacent to Stumpy Beach. The following day, the officers returned to Stumpy Beach and located Joshua Laboy Lozada, who was also taken into custody.
This case is being investigated jointly by the Caribbean Anti-Money Laundering Alliance (CMLA) which promotes interagency collaboration to identify, disrupt, and dismantle money laundering organizations operating throughout the Caribbean Established in 2018, CMLA’s partner agencies include Homeland Security Investigations, U.S. Customs and Border Protection, the Drug Enforcement Administration, the Federal Bureau of Investigation, U.S. Internal Revenue Service, U.S. Postal Inspection Service, U.S. Secret Service, U.S. Marshals, the U.S. Attorney’s Offices for the Districts of the Virgin Islands and Puerto Rico, as well as state and local law enforcement agencies. It is being prosecuted by Assistant United States Attorney Juan Albino.
United States Attorney Shappert reminds the public that an information is merely a formal charging document, and it is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty beyond a reasonable doubt in a court of law.
Forty-Seven Defendants Charged in Illegal Gambling and Drug IndictmentsRead the Press Release
For further information contact:
Assistant U. S. Attorneys A. Dale Blankenship (619) 546-6705,
Matthew Brehm (619) 546-8983SAN DIEGO – A federal grand jury has indicted 47 people who are allegedly associated with illegal gambling establishments that are closely tied to gangs, drugs and violence in San Diego neighborhoods.
UNSEALED SEARCH WARRANTEarly this morning, more than 450 members of the FBI Violent Crimes Task Force - Gang Group, the San Diego Police Department and many other law enforcement agencies made 35 arrests and searched 24 locations, mostly illegal gambling dens in East San Diego neighborhoods. In all, 44 firearms, more than 12 pounds of methamphetamine, $263,000 in cash, and 640 gambling machines were seized during the two-year investigation. Of the 35 people arrested, 15 are part of the indicted group, and the others were arrests for state offenses. Three of the indicted individuals were already in custody prior to the takedown.
The defendants are charged with conspiracy, operating illegal gambling businesses, maintaining drug involved premises, possession of methamphetamine with intent to distribute, distribution of methamphetamine, importation of methamphetamine, felon in possession of firearm and felon in possession of ammunition. The gambling dens continued to operate during the pandemic.
“We have taken down the illegal gambling dens, and we have lifted a weight off our neighborhoods,” said Acting U.S. Attorney Randy Grossman. “As a result of the collaboration of federal, state and local law enforcement officials, law-abiding citizens who live in these neighborhoods will be safer without these magnets for crime in their midst. I am particularly grateful to FBI Special Agent in Charge Suzanne Turner, SDPD Chief David Nisleit, and District Attorney Summer Stephan for their work on this investigation and their dedication to keeping our community safe.”
“These gambling dens were not only host to illegal gambling, but a hub for a variety of other criminal activity to include drug trafficking and unlawful possession of firearms,” said FBI Special Agent in Charge Suzanne Turner. “This serves as another example of what happens when you bring together dedicated law enforcement professionals using a comprehensive approach to detect, disrupt, and dismantle these criminal operations.”
“Numerous crimes have been linked to the illegal gambling operations,” said SDPD Chief David Nisleit. “The investigative work led by the Violent Crimes Task Force and the arrests made have created a safer environment for all of our communities.”
“This joint operation is a prime example of what can be accomplished when law enforcement works together to respond to community concerns over increased crime in their neighborhoods,” said San Diego County District Attorney Summer Stephan. “Our DA team worked tirelessly with the Violent Crimes Task Force and the U.S. Attorney’s Office assisting with critical search warrants during the course of this operation.”
Those arrested today include the owners of the businesses and employees who acted as doormen, security and bankers; those who audit the machines; and those who collect the money. Also arrested were alleged drug dealers who operated within the dens.
The indictments allege that illegal gambling dens were often located inside small businesses or inside houses, apartments, and outbuildings in residential neighborhoods predominantly in City Heights, in the East San Diego area. According to court records, it is common for gambling den owners to pay rent in cash to the owners of these properties and, in some cases, a percentage of the profits to cast a blind eye to all the foot traffic.
These establishments are equipped with electronic gambling machines which are programmed with several games of chance such as poker, blackjack, keno, jacks or better, and slot games. Most locations of these establishments are open 24 hours a day, seven days a week. The indictments allege that many of these gambling locations were taking in thousands of dollars a day.
The main draw to illegal gambling establishments is methamphetamine use and sales, according to the indictments. It’s rare to have a patron who does not use or sell methamphetamine inside these locations. The people selling drugs inside may be employees or independent drug dealers. According to court records, it is common for employees to hand out small amounts of methamphetamine and “comp” customers to keep them playing and coming back for more.
Grossman praised federal prosecutors Dale Blankenship and Matthew Brehm as well as the Deputy District Attorneys, FBI Special Agents, San Diego Police Department detectives and officers and other state, federal and local law enforcement agencies who worked so hard on this investigation.
*Denotes fugitives
DEFENDANTS
21CR1109-H INDICTMENT
Case Number 21CR1109-H
Name
Age
Hometown
LONG NGOC TRAN (1),
aka “Long Tu,”
41
San Diego
*TUNG THANH NGUYEN (2),
aka “Ang,”
51
San Diego
THANH LAN THI NGUYEN (3),
aka “Lan,”
42
San Diego
DENNIS MICHAEL DIBLASI (4),
aka “Drago,”
47
San Diego
*WAYNE JONATHAN CLAYTON Jr. (5),
aka “G-Wayne,”
50
San Diego
*YVONNE MICHELLE AGUILAR (6),
aka “Michelle,”
41
San Diego
*ROBERT JAMES WRIGHT (7),
38
San Diego
TAM ONH ONG (8),
aka “Fireball,”
43
San Diego
*SAENGAMPHAY M. PHOMMASANE (9)
aka “Melinda,”
38
San Diego
*KAREN RENE ANN PRANGSAMPHAN- PORTER (10),
aka “KK,”
31
Arizona
*JESSICA CASTILLO (11),
aka “Green Eyes,”
39
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Distribution of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1111-H
21CR1111-H INDICTMENT
Name
Age
Hometown
*TRI MINH VO, (1),
37
San Diego
TIEN HONG HONG LE (2),
aka “Mr. Le,”
58
Phoenix, AZ
DONG VAN NGUYEN (3),
43
San Diego
*DANG VAN NGUYEN (4),
53
San Diego
*MICHELLE SALVADORE EDWARDS (5),
48
San Ysidro
*KHANG DINH NGUYEN (6),
aka “K-Y,”
45
San Diego
*LEETRI DANG (7),
36
San Diego
*KE VAN TRAN (8),
aka “Kevin,”
57
San Diego
*KIARA PORSHA EASLEY (9),
28
San Diego
TO VAN LAI (10),
aka “Took,”
42
San Diego
CU VAN HUYN (11),
aka “Cucu,”
39
San Diego
*DAPHNE NICOLE RIVERA (12),
45
El Cajon
*WILLIAM VANNA BOUNSAVATH (13)
aka “Ray Ray,”
34
San Diego
*ALMA SOCORRO SILVA (14),
48
San Diego
TONY NGUYEN (15)
aka “Lucky,”
40
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Possession with Intent to Distribute Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years imprisonment and a $500,000 fine.
Maximum Penalties: For Possession with Intent to Distribute and Distribution of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1110-H
21CR1110-H INDICTMENT
Name
Age
Hometown
*JIMMY HUI BANH (1),
43
San Diego
JOSE ANTONIO TORRESDAY (2),
aka “Pepe,”
29
San Diego
TINA SENKET (3),
33
San Diego
JIMMY LU (4),
aka “Nam Van Lu,”
aka “Nam Thao,”
54
San Diego
*ARCADIO MAMURI CRUZ (5),
aka “Bangsta,”
aka “Archie,”
36
San Diego
*MARK ANONAS ARCELAO (6),
aka “Lil Tipsy,”
28
Jacksonville, Florida
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1112-H
21CR1112-H INDICTMENT
Name
Age
Hometown
*LE THI LE (1),
aka “Chi Le,”
70
San Diego
PHOUNG THANH BUI (2)
45
San Diego
SUMMARY OF CHARGES
Conspiracy (Title 18, U.S.C., Sec. 371 – Conspiracy)
Illegal Gambling Business (Title 18, U.S.C., Sec. 1955)
Maintaining a Drug-Involved Premises (Title 21, U.S.C., Sec. 856(a)(1))
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Conspiracy Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Illegal Gambling Business Charge: Five years’ imprisonment and a $250,000 fine.
Maximum Penalties: For Maintaining Drug Involved Premises Charges: Five years’ imprisonment and a $500,000 fine.
Maximum Penalties: For Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1116-H
Name
Age
Hometown
*MARTA LIDIA GUTIERREZ
27
San Diego
SUMMARY OF CHARGES
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: Importation of Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1114-H
Name
Age
Hometown
*ENRIQUE SAMUEL DUENAS,
aka “Kiki,”
28
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: For Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Maximum Penalties: Importation of Methamphetamine Charges: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1124-H
Name
Age
Hometown
*CESAR ALONZO VALLADOLID,
aka “Playboy,”
36
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Importation of Methamphetamine (Title 21, U.S.C., Secs. 952 & 960)
Maximum Penalties: For Possession with Intent to Distribute Methamphetamine Charges: Life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Maximum Penalties: For Felon in Possession of Firearm Charges: Ten years’ imprisonment and a $250,000 fine.
Maximum Penalties: Importation of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1113-H
Name
Age
Hometown
ARTHUR MARCELINO CASTILLO
40
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Distribution of Methamphetamine Charge: life in prison with a mandatory minimum sentence of 10 years and a $10 million fine.
Case Number 21CR1117-H
Name
Age
Hometown
*KEOUDONE INTHAVONG
47
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute/Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute and Distribution of Methamphetamine Charges: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1123-H
Name
Age
Hometown
*WILLIAM HENRY SCOVALL,
aka “Cap,”
24
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1115-H
Name
Age
Hometown
*JULIUS GREENOGE
39
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: 10 years’ imprisonment and a $250,000 fine.
Case Number 21CR1119-H
Name
Age
Hometown
*PHINATH PETER KHVANN,
aka “Peanut,”
44
San Diego
SUMMARY OF CHARGES
Felon in Possession of a Firearm (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm Charge: Ten years’ imprisonment and a $250,000 fine.
Case Number 21CR1118-H
Name
Age
Hometown
*PHONETHIP PETE INTHAVONG
50
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute Charge: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
Case Number 21CR1121-H
Name
Age
Hometown
DAVID LIBANAN OPHEIM,
aka “Casper,”
46
San Diego
SUMMARY OF CHARGES
Possession with Intent to Distribute (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Possession with Intent to Distribute Charge: 40 years’ imprisonment with a mandatory minimum sentence of 5 years and a $5 million fine.
Case Number 21CR1120-H
Name
Age
Hometown
THANH NGUYEN,
aka “Poway,”
46
Poway
SUMMARY OF CHARGES
Felon in Possession of a Firearms and Ammunition (18, U.S.C., Secs. 922(g)(1)
and 924(a)(2))
Maximum Penalties: For Felon in Possession of Firearm and Ammunition Charges: years’ imprisonment and a $250,000 fine.
Case Number 21CR1122-H
Name
Age
Hometown
SEAN MICHAEL RIED (1)
33
San Diego
TUNG NGOC NGUYEN (2)
24
San Diego
SUMMARY OF CHARGES
Distribution of Methamphetamine (Title 21, U.S.C., Sec. 841(a)(1))
Maximum Penalties: For Distribution of Methamphetamine Charge: Forty years’ imprisonment with a mandatory minimum sentence of five years and a $5 million fine.
AGENCIES
Members on the Violent Crimes Task Force
FBI
San Diego Police Department
San Diego Sheriff’s Department
Internal Revenue Service
Homeland Security Investigations
National City Police Department
Chula Vista Police Department
Federal Bureau of Prisons
California Department of Corrections and Rehabilitation
San Diego County Probation
San Diego County District Attorney’s Office
Additional partner agencies participating in the takedown.
Drug Enforcement Administration
Bureau of Alcohol, Tobacco, Firearms and Explosives
U.S. Marshals Service
California Bureau of Gambling Control
San Diego City Attorney’s Office
*The charges and allegations contained in an indictment or complaint are merely accusations, and the defendants are considered innocent unless and until proven guilty.
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.
Former Weyerhaeuser Employee Sentenced to Federal Prison for Multi-Million Dollar Fraud SchemeRead the Press Release
EUGENE, Ore.—Susan Tranberg, 62, of Eugene, Oregon, was sentenced to federal prison today for defrauding her former employer, the Weyerhaeuser Company, out of more than $4.5 million, announced Acting U.S. Attorney Scott Erik Asphaug.
Tranberg was sentenced to 57 months in federal prison and three years’ supervised release.
According to court documents, beginning as early as June 2004 and continuing to January 2019, Tranberg defrauded Weyerhaeuser out of more than $4.5 million by submitting fraudulent invoices for payment to a fake vendor she created. Tranberg had worked for Weyerhaeuser in Springfield, Oregon in various positions for more than 40 years. A financial analysis determined that the vast majority of the money was used to fund a lavish lifestyle of expensive dinners, vacations, six-figure wedding expenses, and shopping sprees.
At some point in or before June 2004, Tranberg created a fake timber contract between the company and a vendor she named after her mother, who was unaware of the scheme. Over the next 10 years, Tranberg would use her positions in the company’s accounting and finance departments to request cashier’s checks, which she then cashed into her own bank account. During this time period, Tranberg requested and received more than $2.6 million.
In June 2014, Weyerhaeuser transitioned to a new payment processing system. To continue her scheme, Tranberg set up a fake vendor account in the new system and attached a letter purportedly from her mother describing the documentation provided to set up the account. This documentation included a Form SSA-1099 Social Security Statement and a forged Form W-9 Request for Taxpayer Identification Number and Certification. At the time Tranberg sent the letter and documentation, Tranberg’s mother had been deceased for five years.
After setting up the fake vendor account, Tranberg continued her scheme by forging colleagues’ signatures on check requests and using her colleagues’ computer login credentials without authorization to create requests and approve fraudulent payments. All requested cashier’s checks were sent via private or commercial interstate carrier directly to Tranberg. During these final five years, ending in January 2019, Tranberg requested and received nearly $1.9 million.
On January 29, 2020, Tranberg was charged by superseding criminal information with mail fraud, aggravated identity theft, and tax evasion. On January 30, 2020, she waived indictment and pleaded guilty to all three charges.
During sentencing, U.S. District Court Judge Michael J. McShane also ordered Tranberg to pay more than $5.3 million in restitution, to include $775,984 to Weyerhaeuser, $3,805,223 to the Crime Victims Fund, and $807,033 to the IRS.
This case was investigated by IRS-Criminal Investigation (IRS-CI) and FBI, and prosecuted by Gavin W. Bruce, Assistant U.S. Attorney for the District of Oregon.
Former Local Union Vice President Indicted for Operating Overtime Kickback Scheme in the Allentown Post OfficeRead the Press Release
PHILADELPHIA – Acting United States Attorney Jennifer Arbittier Williams announced that Joseph Whitbeck, 55, of Tamaqua, PA, was charged by Indictment with wire fraud and honest services wire fraud stemming from his operation of a scheme to defraud fellow union members out of rightfully earned overtime compensation.
The Indictment alleges that the defendant, while serving as the Vice President for the Local 274 branch of the National Association of Letter Carriers in the Lehigh Valley area, operated a kickback scheme involving certain letter carriers at the Allentown Post Office. As the Vice President, Whitbeck filed numerous grievances on behalf of groups of letter carriers, claiming that U.S. Postal Service managers violated overtime rules. The indictment charges that Whitbeck then settled these class-action grievances for total lump sums, without designating the specific individuals to whom overtime grievance payments were owed, so that he could select the payees at a later time. Meanwhile, according to the Indictment, Whitbeck offered to secure extra overtime grievance payouts for some letter carriers who agreed to kick back a portion directly to him, generally in cash. This kickback scheme, as charged, prevented non-participating letter carriers from receiving overtime grievance funds to which they were entitled. The Indictment also alleges that the defendant often made false and misleading statements to convince letter carriers to participate in his scheme; for example, the defendant frequently told letter carriers that he would use the kick-backed funds to assist other letter carriers who were out of work.
According to the Indictment, Whitbeck’s covert kickback scheme lasted more than a decade and was uncovered only when a concerned letter carrier raised the issue at a union Executive Board meeting in March 2018.
“Union representatives are supposed to act in the best interest of the union members, not manipulate them into participating in fraud,” said Acting U.S. Attorney Williams. “Here, Whitbeck held a position of trust and owed a fiduciary duty of honesty and loyalty to all letter carriers in the Allentown Post Office in connection with the equitable distribution of overtime grievance settlements. The defendant allegedly abused that trust and violated his obligation to union and non-union letter carriers alike.”
“The vast majority of the Postal Service's 630,000 employees are hard-working, trustworthy individuals who work around the clock to deliver the nation’s mail,” said Kenneth Cleevely, Executive Special Agent in Charge for the Eastern Area Field Office, United States Postal Service, Office of Inspector General. “However, when one of those individuals chooses to violate that trust, and the trust of their fellow employees, special agents with the U.S. Postal Service Office of Inspector General (USPS OIG) will vigorously investigate serious allegations, and seek the individual's prosecution and termination if appropriate. To report crimes committed by Postal Service employees, contact USPS OIG special agents at www.uspsoig.gov or 888-USPS-OIG.”
“An important mission of the U.S. Department of Labor, Office of Inspector General is to investigate allegations of corruption and fraud related to labor unions,” said Jonathan Mellone, Acting Special Agent-in-Charge, Philadelphia Region, U.S. Department of Labor Office of Inspector General. “We will continue to work with our law enforcement partners to investigate these types of allegations”
“Joseph Whitbeck failed in his fiduciary duties and betrayed the trust of the members of Letter Carriers Branch 274 and the union itself by using his union position to enrich himself. The U.S. Department of Labor’s Office of Labor-Management Standards is committed to seeking justice on behalf of the labor unions and their membership when anyone puts personal financial gain ahead of the best interests of their fellow union members. We will continue to work with our investigative partners to ensure that those who are affiliated with labor organizations adhere to the highest standards of conduct,” said OLMS Northeastern Regional Director Andriana Vamvakas.
If convicted, the defendant faces a maximum possible sentence of 400 years imprisonment, a $5,000,000 fine, three years supervised release, and a $2,000 special assessment.
The case was investigated by the U.S. Postal Service – Office of Inspector General, the U.S. Department of Labor – Office of Inspector General, and the U.S. Department of Labor – Office of Labor-Management Standards, and is being prosecuted by Assistant United States Attorney Patrick J. Murray.
An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.
Former Corporate Executive Charged in Connection with $30 Million Embezzlement SchemeRead the Press Release
BOSTON – The former Chief Financial Officer of Alden Shoe Co. was charged today and has agreed to plead guilty in connection with embezzling approximately $30 million from the company as part of a long-running scheme.
Richard Hajjar, 64, of Duxbury, has agreed to plead guilty to wire fraud, unlawful monetary transactions and filing a false tax return. A plea hearing has not yet been scheduled by the court.
According to the charging document, from at least 2011 through October 2019, when he was terminated by Alden Shoe Co., Hajjar embezzled money by writing checks to himself from company bank accounts and transferring funds from company accounts to his personal accounts and to another individual. In total, Hajjar embezzled approximately $30 million which he used to enrich himself and to buy gifts and luxury travel for others close to him, including private flights to the Caribbean and diamond jewelry.
In addition, between approximately 2014 and 2019, Hajjar failed to report the proceeds of his embezzlement as income on his tax returns, thereby failing to pay approximately $5,112,822 in taxes to the Internal Revenue Service.
The charge of wire fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a $250,000 fine or twice the gross gain/loss, whichever is greater. The charge of unlawful monetary transaction provides for a sentence of up to 10 years in prison, three years of supervised release and a fine of $250,000, or twice the value of the criminally derived property. The charge of filing a false tax return provides for a sentence of up to three years in prison, one year of supervised release and a fine of $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathaniel R. Mendell; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Ramsey E. Covington, Acting Special Agent in Charge of the Internal Revenue Service’s Criminal Investigations made the announcement today. Assistant U.S. Attorneys Mackenzie A. Queenin of Mendell’s Securities, Financial & Cyber Fraud Unit and Carol E. Head of Mendell’s Asset Forfeiture Unit are prosecuting the case.
Foreign National from Trinidad Previously Convicted of Federal Felonies is Charged with Illegal Re-Entry into the United StatesRead the Press Release
St. Thomas, USVI – United States Attorney Gretchen C.F. Shappert announced today that Allan Browne, a citizen of Trinidad, was charged with entering the United States after having been previously deported and removed from the United States. Browne made his initial appearance before the United States Magistrate Judge Ruth Miller on Friday, April 9, 2021. His detention and preliminary examination hearings were held on Tuesday, April 13, 2021.
According to Court documents, on April 8, 2021, Browne appeared at the U.S. Customs and Border Protection (CBP) primary inspection checkpoint at the Cyril E. King Airport, St. Thomas, Virgin Islands. Browne was a ticketed passenger on American Airlines Flight #943 traveling to Miami, Florida.
During the inspection, Browne presented a Pennsylvania driver’s license bearing the name Antonio S. Brown with a date of birth. CBP officers asked Browne if he were a citizen of the United States or a legal permanent residence, to which he replied that he was a legal permanent resident. Browne claimed he had a legal permanent resident card, but it was not with him. Based on record checks conducted using Browne ‘s fingerprints, officers ascertained Browne’s true and correct name and date of birth.
According to court documents, Browne was previously convicted in the Eastern District of New York for conspiracy to distribute and possess with intent to distribute one kilogram or more of heroin, and conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine. He was sentenced to 41 months imprisonment on June 28, 2013. Browne was removed from the United States following his sentence. Officers also discovered Browne was removed from the U.S. as recently as last year after re-entering the United States illegally. Officers conducted record checks and verified that Browne was not a citizen of the United States and found no information showing Browne was granted any documentation to enter or remain in the U.S.
This case is being investigated by Homeland Security Investigations and is being prosecuted by Assistant United States Attorney Juan A. Albino.
United States Attorney Shappert reminds the public that a complaint is merely a formal charging document and is not evidence of guilt. Every defendant is presumed innocent until and unless found guilty.
Florida Man Sentenced to More Than Three Years in Federal Prison for Credit Card Fraud at Theme ParksRead the Press Release
Orlando, Florida – U.S. District Judge Wendy W. Berger today sentenced Fredrick Bernard Lewis (32, Ft. Lauderdale) to 37 months in federal prison for using unauthorized access devices at theme parks in Orlando.
Lewis had pleaded guilty on January 6, 2021.
According to court documents, between March 2018 and June 2020, Lewis used stolen credit card numbers belonging to 36 different victims to purchase theme park and hotel packages from Universal Orlando Resort valued at approximately $62,300. Lewis called the Universal call center or visited the Universal website to make the fraudulent purchases, each time using a different stolen credit card number. Most of the reservations were made via phone and, to avoid detection, Lewis utilized more than 20 different telephone numbers when calling in to make the reservations. After making a fraudulent purchase, Lewis and his associates would either use the ticket and hotel packages and/or have Universal convert the packages to Universal gift cards.
This case was investigated by the U.S. Secret Service. It was prosecuted by Assistant United States Attorney Chauncey A. Bratt.
Five Individuals Charged in Offering Fraud, Stock Manipulation and Money Laundering SchemesRead the Press Release
A five-count indictment was filed today in federal court in Brooklyn charging Richard Dale Sterritt, Jr., Michael Greer, Robert Magness, Mark Ross and Robyn Straza with conspiracy to commit securities fraud, wire fraud and money laundering, among other offenses. The charged crimes arise out of a series of securities fraud schemes, including an offering fraud targeted at investors and potential investors in an oil and gas company in Texas and the attempted manipulation of the publicly traded stock of a cannabis company. The defendants were arrested today. Sterritt, Greer and Straza will make their initial appearance in federal court in Dallas, Texas; Magness and Ross will make their initial appearance in Brooklyn.
Mark J. Lesko, Acting United States Attorney for the Eastern District of New York, and William F. Sweeney, Jr., Assistant Director-in-Charge, Federal Bureau of Investigation, New York Field Office (FBI), announced the arrests and indictment.
“Through a web of related schemes, Sterritt and his co-defendants allegedly stole millions of dollars from investors, attempted to manipulate a publicly-traded stock and laundered the proceeds of their crimes through the purchase of luxury items like a Bentley,” stated Acting U.S. Attorney Lesko. “This Office will identify and vigorously prosecute those who take advantage of investors to enrich themselves at the expense of the integrity of our financial markets.” Mr. Lesko thanked the U.S. Securities and Exchange Commission, New York Regional Office, for its assistance during the investigation.
“Investor confidence is essential to keeping our financial markets afloat. Actions like the ones Sterritt, Greer, Magness, Ross, and Straza are charged with today chip away at the faith investors place in the process and have the potential to create far-reaching consequences. Our office is committed to tackling these types of financial crimes and bringing their perpetrators to justice,” stated FBI Assistant Director-in-Charge Sweeney.
According to the indictment, between March 2018 and January 2021, Sterritt, Greer, Magness and Ross engaged in a series of related fraudulent schemes. The schemes included an offering fraud in the securities of Zona Energy (the “Zona Energy Offering Fraud”) and a scheme to manipulate the price and trading volume of publicly traded shares of stock in OrgHarvest, Inc., which traded under the stock ticker “ORGH” (the “ORGH Market Manipulation,” and, together with the Zona Energy Offering Fraud, the “Fraudulent Schemes”). In addition, all of the defendants, including Straza, laundered the proceeds of the Fraudulent Schemes by facilitating financial transactions to conceal and promote the Fraudulent Schemes.
As part of the Zona Energy Offering Fraud, the defendants misappropriated more than $10 million of investor funds through the sale of shares in Zona Energy, an oil and gas exploration production company based in the Permian basin of West Texas. Sterritt elicited investors in Zona Energy using the alias “Richard Richman.” Sterritt and his co-conspirators made material misrepresentations about Zona Energy’s business, management and the use of proceeds from the share offering. Of the more than $16 million raised from Zona Energy investors in the offering, Sterritt and his co-conspirators, including Ross, Straza and Greer, misappropriated more than $10 million, including to purchase luxury items, pay personal expenses or funnel funds into other businesses Sterritt controlled, including a cannabis company.
With regard to the ORGH Market Manipulation scheme, Sterritt, Magness and Ross engaged in matched trading to artificially prop up the price of ORGH shares as a part of a scheme to raise revenue and hide the misappropriation from and true financial condition of Zona Energy. They coordinated those ORGH trades with an undercover law enforcement agent (the “Undercover Agent”) posing as a corrupt stock promoter, who they believed controlled a team of corrupt brokers who would buy the artificially inflated ORGH stock in their customers’ accounts. Sterritt, who secretly controlled the majority of ORGH shares through trusts in the name of his girlfriends, family members and co-conspirators, agreed with the Undercover Agent to place matched trades at specific prices, volumes and times to inflate the price of ORGH stock
To facilitate the misappropriation of funds from Zona Energy, Sterritt, Greer, Ross and Straza laundered investor money from the sale of Zona Energy shares between bank accounts controlled by Sterritt, Greer and Straza. In some cases, investor funds were wired between bank accounts for multiple different entities in the name of Greer and/or Straza, or their entities, before those funds were used to pay personal expenses; to purchase luxury goods, including plastic surgery; or provided in cash to Sterritt’s family, friends, girlfriends and to co-conspirators.
The charges in the indictment are allegations, and the defendants are presumed innocent unless and until proven guilty. If convicted of securities fraud or money laundering, they face up to 20 years’ imprisonment.
The government’s case is being handled by the Office’s Business and Securities Fraud Section. Assistant United States Attorneys David C. Pitluck and Michael P. Robotti are in charge of the prosecution, with assistance on forfeiture matters from Assistant United States Attorney Laura D. Mantell of the Office’s Asset Forfeiture Section.
The Defendants:
RICHARD DALE STERRITT, JR., (also known as “Richard Richman”)
Age: 64
Garland, TexasMICHAEL GREER
Age: 45
Dallas, TexasROBERT MAGNESS
Age: 51
New York, New YorkMARK ROSS
Age: 53
Parkland, FloridaROBYN STRAZA
Age: 58
Dallas, TexasE.D.N.Y. Docket No. 21-CR-193 (KAM)
Felon Sentenced to Nearly Five Years in Prison for Possession of a Gun during Walmart DisturbanceRead the Press Release
PEORIA, Ill. – Senior U.S. District Judge Joe Billy McDade today sentenced Tariq C. Lawson, 22, to 57 months (4 years, 9 months) in federal prison for illegal possession of a firearm by a felon.
At today’s hearing, immediately prior to sentencing, Lawson, of the 2400 block of Flora St., formally entered a plea of guilty as charged to the indictment. According to court documents and statements made in court, police responded to a disturbance on June 30, 2020, at the Walmart at 8915 N. Allen Rd., Peoria. A Peoria police officer observed the disturbance on Facebook in a live stream on Lawson’s account where Lawson appeared to have a handgun in his waistband while riding a motorized scooter in the store. The officer observed a juvenile who also had a gun, with Lawson.
When officers arrived at the store, they saw Lawson get into a vehicle. The vehicle’s owner consented to a search and officers found two handguns on top of groceries directly behind the area where Lawson was seated. At the time, Lawson had previously been convicted of a felony, and was on probation in Peoria County, and could not legally possess a gun.
Lawson has remained in the custody of the U.S. Marshals Service since his arrest on a federal criminal complaint on Aug. 27, 2020.
Assistant U.S. Attorney Ronald L. Hanna represented the government in the prosecution. The charges were investigated by the Peoria Police Department and the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives.
Essex County Man Admits Conspiring to Defraud Banks of over $250,000 Using Stolen Credit Cards and Blank ChecksRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man today admitted conspiring to defraud two banks of more than $250,000 using stolen credit cards and blank checks, Acting U.S. Attorney Rachael A. Honig announced.
Allen Varice, 24, of East Orange, New Jersey, pleaded guilty by videoconference before U.S. District Judge Susan D. Wigenton to an information charging him with one count of conspiracy to commit bank fraud.
According to documents filed in this case and statements made in court:
From August 2018 through August 2019, Varice and others engaged in a scheme to use stolen credit cards and checks to fraudulently make purchases and withdraw money from two banks, leaving the banks to bear the losses.
The credit cards were stolen from facilities used by the U.S. Postal Service in Pine Brook and Warren, New Jersey. Because the cards were stolen, they never reached the intended cardholders. After obtaining the stolen cards, Varice and his conspirators used them to make unauthorized purchases at various retail stores and to withdraw cash from automated teller machines (ATMs) in New Jersey and elsewhere.
The blank checks were also stolen from various New Jersey-based postal facilities and never reached their intended recipients. Varice and his conspirators altered the date, payee, and amount of the stolen checks prior to deposit. He and his conspirators would then fraudulently withdraw money at various ATMs from the account holders’ accounts.
Three of Varice’s conspirators – his brother, Alexander Varice, Nasheed Jackson, and Dashawn Duncan – pleaded guilty last month to identical charges and are scheduled to be sentenced in July 2021.
The charge of conspiracy to commit bank fraud carries a maximum penalty of 30 years in prison and a maximum fine of $1 million. Sentencing is scheduled for August 18, 2021.
Acting U.S. Attorney Honig credited inspectors of the U.S. Postal Inspection Service, in Newark, under the direction of Acting Inspector in Charge Rodney M. Hopkins, with the investigation leading to today’s guilty plea.
The government is represented by Assistant U.S. Attorney Blake Coppotelli of the U.S. Attorney’s Office Economic Crimes Unit in Newark.
Defense counsel: Kathleen Theurer Esq., Jersey City, New Jersey
East Haven Man Sentenced to 5 Years in Federal Prison for Drug Distribution and Gun Possession OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that JESUS MANUEL VALLE, also known as “LoLo,” 24, of East Haven, was sentenced today by U.S. District Judge Jeffrey A. Meyer in New Haven to 60 months of imprisonment, followed by four years of supervised release, for narcotics distribution and firearm possession offenses.
According to court documents and statements made in court, law enforcement identified Valle’s residence on Charter Oak Avenue in East Haven as a hub of narcotics distribution activity. On February 5, 2020, investigators searched the residence and seized approximately 17 grams of heroin packaged for distribution, 35 grams of loose heroin, 17 grams of packaged cocaine, nine grams of packaged crack cocaine, items used to process and package narcotics for street sale, and a loaded Ruger .44 magnum handgun.
On September 2, 2020, Valle pleaded guilty to one count of possession with intent to distribute heroin, cocaine and cocaine base (“crack”), and one count of possession of a firearm in furtherance of a drug trafficking crime.
Valle who is released on a $250,000 bond, is required to report to prison on June 25, 2021.
This matter was investigated by the DEA Bridgeport High Intensity Drug Trafficking Area (HIDTA) Task Force, the FBI Bridgeport Safe Streets Task Force and the East Haven Police Department. The case was prosecuted by Assistant U.S. Attorney Joseph Vizcarrondo.
Ethete Woman Charged with Involuntary Manslaughter in Drinking and Driving CrashRead the Press Release
Acting United States Attorney Bob Murray announced today that BURDETTE LYNN MESTETH, a.k.a. Burdette Lynn Seminole, 32, of Ethete, Wyoming, was indicted by a federal grand jury on March 25, 2021, for involuntary manslaughter. The Indictment alleges that on September 13, 2020, in the District of Wyoming and within the Wind River Reservation, Mesteth showed a reckless disregard for human life when she drove a motor vehicle, under the influence of alcohol, resulting in the death of a passenger.
She appeared on April 13, 2021 before United States Magistrate Judge Teresa McKee and pleaded not guilty to the Indictment. A jury trial is set for June 14, 2021, in Casper before Federal District Court Chief Judge Scott Skavdahl. The maximum penalty upon conviction is up to 8 years in prison, a $250,000 fine, and 3 years of supervised release. Restitution may also be ordered.
The investigation is being conducted by the Federal Bureau of Investigation. Assistant United States Attorney Timothy W. Gist is prosecuting the case.
The charge against Mesteth is merely an accusation, and she is presumed innocent until proven guilty.
Department of Justice Closes Investigation into the Death of Ashli BabbittRead the Press Release
WASHINGTON – The U.S. Attorney’s Office for the District of Columbia and the Civil Rights Division of the U.S. Department of Justice will not pursue criminal charges against the U.S. Capitol Police officer involved in the fatal shooting of 35-year-old Ashli Babbitt, the Office announced today.
The U.S. Attorney’s Office for the District of Columbia’s Public Corruption and Civil Rights Section and the Civil Rights Division, with the Metropolitan Police Department’s Internal Affairs Division (IAD), conducted a thorough investigation of Ms. Babbitt’s shooting. Officials examined video footage posted on social media, statements from the officer involved and other officers and witnesses to the events, physical evidence from the scene of the shooting, and the results of an autopsy. Based on that investigation, officials determined that there is insufficient evidence to support a criminal prosecution. Officials from IAD informed a representative of Ms. Babbitt’s family today of this determination.
The investigation determined that, on January 6, 2021, Ms. Babbitt joined a crowd of people that gathered on the U.S. Capitol grounds to protest the results of the 2020 presidential election. Inside the Capitol building, a Joint Session of Congress, convened to certify the results of the Electoral College vote, was underway. Members of the crowd outside the building, which was closed to the public during the Joint Session, eventually forced their way into the Capitol building and past U.S. Capitol Police (USCP) officers attempting to maintain order. The Joint Session was stopped, and the USCP began evacuating members of Congress.
The investigation further determined that Ms. Babbitt was among a mob of people that entered the Capitol building and gained access to a hallway outside “Speaker’s Lobby,” which leads to the Chamber of the U.S. House of Representatives. At the time, the USCP was evacuating Members from the Chamber, which the mob was trying to enter from multiple doorways. USCP officers used furniture to barricade a set of glass doors separating the hallway and Speaker’s Lobby to try and stop the mob from entering the Speaker’s Lobby and the Chamber, and three officers positioned themselves between the doors and the mob. Members of the mob attempted to break through the doors by striking them and breaking the glass with their hands, flagpoles, helmets, and other objects. Eventually, the three USCP officers positioned outside the doors were forced to evacuate. As members of the mob continued to strike the glass doors, Ms. Babbitt attempted to climb through one of the doors where glass was broken out. An officer inside the Speaker’s Lobby fired one round from his service pistol, striking Ms. Babbitt in the left shoulder, causing her to fall back from the doorway and onto the floor. A USCP emergency response team, which had begun making its way into the hallway to try and subdue the mob, administered aid to Ms. Babbitt, who was transported to Washington Hospital Center, where she succumbed to her injuries.
The focus of the criminal investigation was to determine whether federal prosecutors could prove that the officer violated any federal laws, concentrating on the possible application of 18 U.S.C. § 242, a federal criminal civil rights statute. In order to establish a violation of this statute, prosecutors must prove, beyond a reasonable doubt, that the officer acted willfully to deprive Ms. Babbitt of a right protected by the Constitution or other law, here the Fourth Amendment right not to be subjected to an unreasonable seizure. Prosecutors would have to prove not only that the officer used force that was constitutionally unreasonable, but that the officer did so “willfully,” which the Supreme Court has interpreted to mean that the officer acted with a bad purpose to disregard the law. As this requirement has been interpreted by the courts, evidence that an officer acted out of fear, mistake, panic, misperception, negligence, or even poor judgment cannot establish the high level of intent required under Section 242.
The investigation revealed no evidence to establish beyond a reasonable doubt that the officer willfully committed a violation of 18 U.S.C. § 242. Specifically, the investigation revealed no evidence to establish that, at the time the officer fired a single shot at Ms. Babbitt, the officer did not reasonably believe that it was necessary to do so in self-defense or in defense of the Members of Congress and others evacuating the House Chamber. Acknowledging the tragic loss of life and offering condolences to Ms. Babbitt’s family, the U.S. Attorney’s Office and U.S. Department of Justice have therefore closed the investigation into this matter.
Customs and Border Protection Officer Charged with Using Unreasonable Force at Calexico Port of EntryRead the Press Release
Assistant U. S. Attorney Christopher P. Tenorio (619) 546-8413
NEWS RELEASE SUMMARY – April 14, 2021
SAN DIEGO – U.S. Customs and Border Protection Officer Marcos Valenzuela is charged in an indictment unsealed today with using unreasonable force on an individual who had applied for admission to the United States from Mexico.
According to the indictment, Valenzuela encountered the individual, identified only as “J.L.,” on August 16, 2019, while Valenzuela was on duty at the Calexico West Port of Entry. During the course of the inspection, Valenzuela allegedly deprived the individual of the Constitutional right not to be subjected to unreasonable force. The indictment also alleges that Valenzuela’s actions resulted in bodily injury to the person seeking admission into the U.S.
“The protection of the civil rights of all persons entering the United States remains a high priority of the Justice Department, and our office in particular,” said Acting U.S. Attorney Grossman. “All allegations of excessive force by law enforcement officers are investigated thoroughly and carefully reviewed to ensure public confidence in our commitment to redressing violations of Constitutional rights.” Grossman praised prosecutor Chris Tenorio and agents from the FBI and U.S. Customs and Border Protection, Office of Professional Responsibility for their excellent work on this case.
“No one is above the law and this indictment should assure the public that the FBI is committed to rooting out any public servant who violates their oath – regardless of where they work,” said FBI Special Agent in Charge Suzanne Turner. “Actions such as the ones alleged in this case violate an officer’s oath, the public's trust, and damage law enforcement's reputation. I want to thank Customs and Border Protection’s Office of Professional Responsibility for their collaboration and partnership in bringing this case to fruition.”
Customs and Border Protection (CBP), Office of Professional Responsibility (OPR) Special Agent in Charge Elizabeth Cervantes stated, “All CBP employees are required and expected to abide by all laws they enforce. CBP stresses professionalism, honor, and integrity in every aspect of its mission and CBP OPR is fully committed to investigating all allegations of misconduct while supporting the men and women who proudly uphold their duties to serve and protect.”
The defendant was arraigned on the Indictment before U.S. Magistrate Judge Ruth Bermudez Montenegro. He is scheduled to appear before U.S. District Court Judge Janis L. Sammartino on May 21, 2021 at 1:30 p.m., for a motion hearing. This case is being prosecuted by Assistant U. S. Attorney Christopher P. Tenorio.
DEFENDANT Case Number 21cr1056-JLS
Marcos Valenzuela Age: 29 El Centro, CA
SUMMARY OF CHARGES
Deprivation of Rights under Color of Law – Title 18, U.S.C., Section 242
Maximum penalty: Ten years of imprisonment and $250,000 fine
AGENCIES
U.S. Customs and Border Protection, Office of Professional Responsibility
Federal Bureau of Investigation
Covina Man Sentenced to 18 Months in Prison for CyberstalkingRead the Press Release
LOS ANGELES – A San Gabriel Valley man was sentenced today to 18 months in federal prison for sending hundreds of messages over several years to two victims, including a teenage girl, demanding they engage in sex acts with him and threatening to physically harm or kill them if they refused.
Carl De Vera Bennington, 34, of Covina, was sentenced by United States District Judge Dolly M. Gee, who described Bennington’s messages to his victims as “repeated, cruel” and “sadistic.” Bennington pleaded guilty in December 2020 to two counts of cyberstalking.
Bennington repeatedly sent one victim unsolicited online messages over a period of several years. When she blocked him from contacting her from one of her online accounts, Bennington created new online accounts and then continued sending her messages, including graphic messages between June and November 2019 in which he insulted the victim, demanded she engage in sex acts with him, and threatened to sexually assault her. When the victim demanded that Bennington stop harassing her, he threatened to kill her and her family.
Bennington also harassed another victim, who deactivated her social media accounts in 2017 after he solicited her to engage in a sexual relationship with him. In August 2019, after she reactivated her social media accounts, Bennington sent her numerous online messages threatening to kill her unless she responded to his demands for sex acts.
Neither victim ever met Bennington in person. Bennington frequently promoted incel (involuntarily celibate) ideology, which involves individuals who are unable to find a willing sex partner, according to a sentencing memo filed by prosecutors, which notes the ideology ranges in tone from expressing sadness and self-loathing to advocating the “absolute hatred” of women.
While Bennington suffers from mental health issues – which prompted prosecutors to seek enhanced supervision and mental health treatment following his release – a prison sentence was warranted because of his long pattern of cyberstalking activity and “his deep-seated and violent ideology regarding women,” according to the sentencing memo.
The FBI’s Joint Terrorism Task Force investigated this matter.
Assistant United States Attorney David T. Ryan of the Terrorism and Export Crimes Section prosecuted this matter.
Columbus men sentenced to more than 100 years for their roles in a drug distribution operation that spanned three statesRead the Press Release
WHEELING, WEST VIRGINIA –Rodriquies M. Evans and Cedric L. Douglas, both of Columbus, Ohio, were sentenced to a combined 104 years in prison today for their roles in a methamphetamine distribution operation that spanned multiple states, Acting United States Attorney Randolph J. Bernard announced.
Evans, also known as “Dree”, age 30, was sentenced today to 960 months of incarceration. Douglas, age 32, was sentenced today to 296 months of incarceration. In October 2020, a jury found Evans and Douglas each guilty of one count of “Conspiracy to Distribute and to Possess with the Intent to Distribute Controlled Substances,” two counts of “Distribution of Methamphetamine,” and one count of “Possession with Intent to Distribute Methamphetamine.” The crimes took place in Wetzel County and elsewhere, including the Southern District of West Virginia, Ohio, and Georgia from July 2015 to April 2018.
“Methamphetamine, particularly crystal methamphetamine, has become a tremendous challenge for the Northern District of West Virginia and the entire Nation. It destroys lives and communities. The sentences handed down today should send a clear message to those who want to sell drugs in the Mountain State. If you bring illegal substances to West Virginia and prey on our neighbors, you will face substantial federal time,” said Bernard.
Assistant U.S. Attorney Shawn M. Adkins prosecuted the cases on behalf of the government. The Drug Enforcement Administration; the Bureau of Alcohol; Tobacco, Firearms, and Explosives; the Marshall County Drug and Violent Crimes Task Force, a HIDTA-funded initiative; the West Virginia State Police; the Tyler County Sheriff’s Office; the Wetzel County Sheriff’s Office; the Sistersville Police Department; the Paden City Police Department; and the New Martinsville Police Department investigated. The Columbus, Ohio Police Department Gang Crimes Unit assisted in the case.
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.
U.S. District Judge John Preston Bailey presided.
Charleston Man Pleads Guilty to Federal Gun CrimeRead the Press Release
CHARLESTON, W.Va. – Jalen Chapman, 28, of Charleston, pleaded guilty today to being a felon in possession of a firearm. Chapman was charged in a Superseding Indictment returned by a federal grand jury in December 2019.
According to the plea agreement and statements made in court, on or about September 29, 2018, officers with the Charleston Police Department arrested Chapman on outstanding warrants at a residence on Barber Drive in Charleston. Officers later searched the residence and seized two firearms, a .45 caliber Sig Sauer 1911 pistol and a .38 Special Taurus revolver, that Chapman admitted belonged to him. Chapman further admitted that he knew he was prohibited from possessing the firearms because he was previously convicted of a felony drug trafficking offense in Kanawha County Circuit Court.
Chapman faces up to 10 years in prison when sentenced on July 12, 2021.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department conducted the investigation. United States District Judge Joseph R. Goodwin presided over the hearing. Assistant United States Attorney Negar M. Kordestani is handling the prosecution.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:19-cr-00058.
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Canadian Company Sentenced for Violating Clean Water ActRead the Press Release
The Algoma Central Corporation (Algoma), headquartered in St. Catharines, Ontario, was fined $500,000 after pleading guilty to dumping wastewater into Lake Ontario.
Algoma operated a fleet of dry and liquid bulk carriers on the Great Lakes. One of the vessels in the defendant’s fleet was the M/V Algoma Strongfield (Strongfield). Built in China, the Strongfield was delivered to Canada on May 30, 2017, by a crew from Redwise Maritime Services, B.V. (Redwise), a vessel transport company based in the Netherlands.
“The Great Lakes are our nation’s largest source of fresh water, and this prosecution shows the Administration’s commitment to preserving a natural resource that will be crucial for generations to come,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division (ENRD).
“The very purpose of the Clean Water Act is to protect our natural resources, including one of our nation’s greatest natural treasures, the Great Lakes, from harm,” said U.S. Attorney James P. Kennedy for the Western District of New York. “This conviction and the fine imposed sends a strong message that those who violate the Clean Water Act will be held accountable for their actions. This penalty also ensures that this defendant will be monitored in the future and will be strictly obligated to comply with those environmental laws and regulations that protect our waters, our fisheries, our wildlife, and each of us.”
During the Strongfield’s delivery voyage, while manned by a Redwise crew, the oily water separator and oil content monitor malfunctioned or failed on multiple occasions, which resulted in an accumulation of unprocessed oily bilge water. On May 5, 2017, an Algoma employee directed Redwise to transfer and store the unprocessed oily bilge water in the Strongfield’s used wash water tank to avoid an overboard discharge of unprocessed bilge water into the Pacific Ocean. The wash water tank was intended to store deck and cargo hold wash water and is not listed on the Strongfield’s International Oil Pollution Prevention certificate. Between May 5, 2017, and the Strongfield’s arrival in Canada, the Redwise crew made several additional transfers of unprocessed oily bilge waste into the wash water tank to avoid overboard discharges of untreated bilge water.
On May 19, 2017, as the Strongfield was transiting the Panama Canal, an Algoma employee boarded the vessel and remained onboard until the vessel’s arrival in Canada, where he assumed the duties of Chief Engineer. On May 30, 2017, the Strongfield arrived in Sept-Iles, Quebec, Canada, where the Redwise crew handed over operation of the vessel to an Algoma crew. Although some of the Algoma crew were advised that the wash water tank contained unprocessed oily bilge water, Algoma acted negligently in failing to inform all onboarding Algoma crewmembers and the inspectors of the contents of the wash water tank.
On June 6, 2017, the Stongfield was transiting Lake Ontario. While in the waters of the United States within the Western District of New York, the 3rd officer on board the Strongfield requested permission to empty the contents of the wash water tank into Lake Ontario, and the captain approved the discharge. Because Algoma had negligently failed to inform the 3rd officer and the captain what the wash water tank contained, approximately 11,887 gallons of unprocessed oily bilge water were released into Lake Ontario. The discharge was stopped when another Algoma employee learned of the discharge and informed the 3rd officer and captain that the wash water tank contained unprocessed oily bilge water and instructed them to stop the discharge immediately. After the incident, Algoma contacted Canadian and U.S. authorities to report the discharge.
In addition to the fine, Algoma was put on probation for a period of three years during which it must implement an environmental compliance plan.
The sentencing is the result of an investigation by the U.S. Coast Guard Investigative Service, under the direction of Resident Agent in Charge Cindy C. Buckley, Buffalo, New York, and Resident Agent in Charge Edward L. Songer, Detroit, Michigan.
Trial Attorney Patrick M. Duggan of ENRD’s Environmental Crimes Section and Assistant U.S. Attorney Aaron J. Mango of the Western District of New York are prosecuting the case.
Cameroon Man Sentenced to Four Years in Prison for Defrauding Bourbonnais Bank, OthersRead the Press Release
PEORIA, Ill. –A citizen of Cameroon, Lovette Namatinga, 34, has been sentenced to serve 48 months in federal prison for defrauding a Bourbonnais, Ill., bank of nearly $300,000. At the sentencing hearing, on April 13, 2021, Senior U.S. District Judge Michael M. Mihm further ordered that Namatinga pay restitution in the amount of $278,201 to the bank and numerous other individual and business victims of the defendant’s fraud scheme.
Namatinga, of Owings Mills, Md., has remained in the custody of the U.S. Marshals Service since he was arrested on Oct. 7, 2019, at Washington Dulles International Airport by FDIC Office of Inspector General agents.
On Sept. 21, 2020, immediately prior to jury selection before his trial, Namatinga pleaded guilty to all counts of the indictment, four counts each of bank and wire fraud, as charged, related to his defrauding Municipal Trust and Savings Bank, Bourbonnais, Ill. Namatinga admitted that he carried out the fraud from about February to April 2019, by falsely representing to the bank that the secretary of one of the bank’s customers requested that cashier’s checks be sent to Namatinga’s fraudulent company known as Keiko San Products Alimenticious, LLC. Namatinga is the registered agent for Keiko, and the four checks were mailed to his home address. Once the checks were deposited into Keiko bank accounts, Namatinga then transferred money from those accounts to his personal account or withdrew cash from those accounts.
In addition to the fraud committed through Municipal Trust & Savings Bank, Namatinga used his fraudulent business and multiple associated bank accounts to deposit and launder fraud proceeds from various other victims throughout the United States. Namatinga’s scheme, known as a business e-mail compromise scam, was just one such scheme in 2019 that resulted in more than 23,000 victims nationally, with an average loss of $75,000 per complaint, according to FBI crime statistics.
The FDIC Office of Inspector General conducted the case investigation. Assistant U.S. Attorney Eugene L. Miller represented the government in the prosecution.
Colorado Man Charged with Being a Felon in Possession of a FirearmRead the Press Release
Acting United States Attorney Bob Murray announced today that NATHANIEL TSOSIE, 34, of Denver, Colorado was indicted by a federal grand jury on March 25, 2021, for being a felon in possession of a firearm. The indictment alleges that on or about February 12, 2021, in Johnson County, Wyoming, Tsosie who is a prior convicted felon, knowingly possessed firearms and brought them across state lines.
He appeared before United States Magistrate Judge R Michael Shickich on April 13, 2021 and pleaded not guilty to the sole charge of the Indictment. A jury trial has been set for June 14, 2021 in Cheyenne before Federal District Court Nancy D. Freudenthal.
A conviction for being felon in possession of a firearm carries a maximum penalty of 10 years in prison, $250,000 in fines, a $100 special assessment, and three years of supervised release. The charge against Tsosie is merely an accusation, and he is presumed innocent until proven guilty.
The investigation is being conducted by the Bureau of Alcohol, Tobacco, Firearms and Explosives, Wyoming Division of Criminal Investigation, Johnson County Sheriff’s Office, Johnson County Attorney’s Office, Buffalo Police Department, and the Wyoming Highway Patrol. Assistant United States Attorney Timothy W. Gist is prosecuting the case.
This case is part of Project Guardian, the Department of Justice’s signature initiative to reduce gun violence and enforce federal firearms laws. Initiated by the Attorney General in the fall of 2019, Project Guardian draws upon the Department’s past successful programs to reduce gun violence; enhances coordination of federal, state, local, and tribal authorities in investigating and prosecuting gun crimes; improves information-sharing by the Bureau of Alcohol, Tobacco, Firearms and Explosives when a prohibited individual attempts to purchase a firearm and is denied by the National Instant Criminal Background Check System (NICS), to include taking appropriate actions when a prospective purchaser is denied by the NICS for mental health reasons; and ensures that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, download the memo.
Casper Man Charged with Possession of Child PornographyRead the Press Release
Acting United States Attorney Bob Murray announced today that KYLE DOUSSETT, 49, of Casper Wyoming was indicted by a federal grand jury on March 25, 2021, for one count of possession of child pornography. The Indictment alleges that on January 2, 2021, Doussett possessed a cell phone that contained digital images depicting prepubescent minors engaged in sexually explicit conduct.
He appeared before United States Chief Magistrate Judge Kelly H. Rankin on April 5, 2021 and pleaded not guilty to the sole charge in the Indictment. A jury trial has been set for May 24, 2021, in Cheyenne before Federal District Court Judge Alan B. Johnson. The maximum penalty upon conviction is 20 years in prison, a $250,000 fine, a $100 special assessment, a $5,000 special assessment pursuant to the Victims of Sex Trafficking Act of 2015, a $17,000 special assessment, and mandatory restitution of $3,000 per requesting victim pursuant to the Amy, Vicky And Andy Child Pornography Victim Assistance Act Of 2018, and five years to life supervised release.
The investigation is being conducted by U.S. Homeland Security Investigations Special Agent Nicole Bailey. Assistant United States Attorney Christyne M. Martens is prosecuting the case. The charge against Doussett is merely an accusation, and he is presumed innocent until proven guilty.
Businessman Charged with Failure to Pay Employment Taxes and Attempt to Obstruct the IRSRead the Press Release
A federal grand jury in Atlanta, Georgia, returned an indictment yesterday charging a Georgia man with failing to pay employment taxes and with obstructing the collection efforts of the IRS.
According to the indictment, from 2009 through 2018, Douglas Mittleider, of Adairsville, was in charge of several long-term care facilities located throughout the United States, and was responsible for withholding and paying employment taxes on behalf of his employees. Notwithstanding his obligations, Mittleider allegedly did not fully pay over these withholdings, resulting in an outstanding balance of more than $10,000,000 being owed to the IRS. From approximately November 2011 to the present, Mittleider allegedly attempted to obstruct IRS efforts to collect employment taxes that were due by filing false employment tax returns and directing payment of corporate funds to his family members instead of to the IRS.
The defendant’s initial court appearance will be scheduled at a later date in the U.S. District Court for the Northern District of Georgia. If convicted, he faces a maximum penalty of three years in prison on the obstruction charge and five years in prison on each of the other charges. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
Acting Deputy Assistant Attorney General Stuart M. Goldberg of the Justice Department’s Tax Division and Acting U.S. Attorney Kurt R. Erskine for the Northern District of Georgia made the announcement.
IRS-Criminal Investigation is investigating the case.
Trial Attorneys William Guappone and Mitchell Galloway of the Justice Department’s Tax Division and Assistant U.S. Attorney Alana Black of the Northern District of Georgia are prosecuting the case.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
Buffalo Man Pleads Guilty to Selling CocaineRead the Press Release
CONTACT: Barbara Burns
PHONE: (716) 843-5817
FAX #: (716) 551-3051BUFFALO, N.Y. - U.S. Attorney James P. Kennedy, Jr. announced today that Malik Matthews, 22, of Buffalo, NY, pleaded guilty before U.S. District Judge John L. Sinatra, Jr. to conspiring to possess with intent to distribute, and distributing, cocaine. The charge carries a maximum penalty of 20 years in prison, and a $1,000,000 fine.
Assistant U.S. Attorneys Meghan E. Leydecker and Paul C. Parisi, who are handling the case, stated that between June 2018 and October 2019, the defendant sold cocaine to an individual over 50 times. In addition, Matthews sold crack cocaine to an undercover police officer. On June 4, 2019, Buffalo Police Officers executed a search warrant at the defendant’s Grey Street residence. During the search they seized three loaded firearms, ammunition, two bags of suspected crack cocaine, five digital scales, a bottle of a cutting agent, and a box of sandwich bags.
The plea is the result of an investigation by the Buffalo police Department, under the direction of Commissioner Byron Lockwood, and the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia.
Sentencing is scheduled for August 11, 2021, before Judge Sinatra.
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Billings drug trafficker involved in fake meth deal, shootout sentenced to more than seven years in prisonRead the Press Release
BILLINGS – A Billings man who admitted trafficking and firearms crimes after a fake methamphetamine drug deal led to a shootout was sentenced today to seven years and 10 months in prison and to five years of supervised release, Acting U.S. Attorney Leif Johnson said.
Gregg Allen Johnson, 42, pleaded guilty on Oct. 29, 2020 to conspiracy to possess with intent to distribute meth and to possession of a firearm in furtherance of a drug trafficking crime.
U.S. District Judge Susan P. Watters presided. Johnson was detained.
In court documents filed in the case, the government alleged that on June 3, 2019, Johnson introduced co-defendant, James Higgins, to another individual in the parking lot of a Walmart in Billings so Higgins could buy a large quantity of meth from the individual. Higgins paid the individual $3,000 and received a package wrapped in black plastic that the individual said was meth. The individual, however, had provided Higgins with a brick of rock salt.
When Higgins realized he had been cheated, he, a friend and Johnson went to the individual’s residence to recover his money. Higgins, Johnson and the friend all were armed. No one answered when they pounded on the door. Shortly after the friend began to enter through a rear door, shooting started. Video from security cameras at the residence showed the friend firing his pistol into the home. Johnson later admitted firing his weapon and numerous shell casing found matched the caliber of the firearm he was carrying. There was no evidence that Higgins brandished or fired his firearm. Higgins has pleaded guilty in the case and is awaiting sentencing.
Assistant U.S. Attorney Colin Rubich prosecuted the case, which was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
This case is part of Project Guardian, the U.S. Department of Justice’s recent initiative to reduce gun violence and enforce federal firearms laws, and Project Safe Neighborhoods, the USDOJ’s initiative to reduce violent crime. Through these initiatives, federal, tribal, state and local law enforcement partners in Montana focus on violent crime driven by methamphetamine trafficking, armed robbers, firearms offenses and violent offenders with outstanding warrants.
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Austin Man Indicted for Transporting Aliens Resulting in DeathRead the Press Release
In Del Rio today, a federal grand jury returned an indictment charging 24-year-old Austin resident Sebastian Tovar with transporting illegal aliens resulting in death, announced U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The indictment charges Tovar with one count of conspiracy to transport illegal aliens resulting in death, one count of transporting aliens resulting in death, one count of conspiracy to transport illegal aliens resulting in serious bodily injury and one count of transporting illegal aliens resulting in serious bodily injury.
According to court documents, on March 15, 2021, Tovar was traveling in a maroon pickup truck on FM 2523 near Del Rio when a Texas Department of Public Safety trooper attempted to stop him for speeding. Tovar failed to stop and a pursuit ensued. Tovar led the trooper on a chase for approximately 50 miles, at times reaching speeds over 100 miles per hour. Traveling north into the southbound lane on Highway 277, Tovar collided with another vehicle head-on, resulting in the death of eight illegal aliens that had been in Tovar’s pickup truck.
Border Patrol agents on the scene following the crash encountered a beige pickup truck stopped in traffic on Highway 277 near the crash site. While agents were directing traffic, multiple occupants jumped out of the beige pickup and fled the scene. Agents subsequently apprehended twelve illegal aliens who fled that truck. Four of the illegal aliens, all Mexican citizens, confirmed they were part of a failed human smuggling attempt in which the group illegally crossed into the U.S. and were divided between the maroon and beige pickup trucks for transport purposes.
Tovar, who remains in federal custody, faces up to life in federal prison upon conviction.
HSI and the Texas Department of Public Safety, with the assistance of the U.S. Border Patrol, conducted this investigation. Assistant U.S. Attorney Joshua B. Banister is prosecuting this case.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendant is considered innocent until proven guilty in a court of law.
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Appleton Restaurant Owner Indicted for Violations of Federal Tax LawsRead the Press Release
Acting U.S. Attorney for the Eastern District of Wisconsin Richard G. Frohling announced that on April 13, 2021, a federal grand jury returned an indictment charging Paul R. Vanderlinden (age: 42) of Appleton, Wisconsin, with violating federal tax laws.
The indictment alleges that Vanderlinden, as owner and operator of Muncheez Pizzeria in Appleton, skimmed approximately $800,000 from his business’s receipts between 2012 and 2016. According to the indictment, most of these receipts were deposited into Vanderlinden’s personal bank account, and Vanderlinden failed to report or pay taxes on this income. He is charged with four counts of filing false individual tax returns for calendar years 2012 through 2015.
The indictment further alleges that Vanderlinden used a large portion of these receipts to pay cash wages to his employees. Federal law requires employers to collect payroll taxes, and Vanderlinden is charged with failing to withhold and pay over the payroll taxes associated with these cash wages from the first quarter of 2014 through the fourth quarter of 2016.
Acting U.S. Attorney Frohling stated “As we approach the tax filing deadline, those who would seek to defraud the United States and cheat their hard-working fellow taxpayers should think twice. The Department of Justice and IRS-CI are fully committed to holding those who file false returns or seek to cheat on their taxes fully accountable for their criminal conduct.”
"Fulfilling individual and employee tax obligations is a legal requirement and those who willfully evade that responsibility will be prosecuted," said IRS Criminal Investigation Acting Special Agent in Charge Tamera Cantu, Chicago Field Office. “Employers have a responsibility to their employees to withhold the proper amount of taxes and pay those taxes over to the IRS. When employers fail to do so, it affects revenue to the United States government, but more importantly, it affects their employees Medicare and Social Security benefits.”
This investigation was undertaken by Special Agents from the Internal Revenue Service’s Criminal Investigation. It will be prosecuted by Assistant U.S. Attorney Farris Martini.
An indictment is only a charging document and is not evidence of guilt. The defendant is presumed innocent and is entitled to a fair trial at which the government must prove his guilt beyond a reasonable doubt.
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Public Information Officer Kenneth Gales
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Angola Inmate Found Guilty on Drug Conspiracy ChargeRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Damione Brock, 42, was found guilty yesterday by a federal jury of conspiracy to possess with intent to distribute methamphetamine. United States District Judge Donald E. Walter presided over the trial.
Evidence introduced at the two-day trial revealed that in 2018, law enforcement agents with the Drug Enforcement Administration (DEA) began an investigation into drug trafficking activities in the Plain Dealing and Springhill areas of Louisiana. During their investigation, DEA agents sought approval to use wiretaps and were able to intercept phone calls and text messages between Brock and one of his co-defendants wherein they discussed having methamphetamine delivered to Brock at Angola. Brock, who was serving a lengthy sentence at Angola for possession of cocaine, was using a contraband cell phone to communicate with his co-defendant. Brock had arranged for the methamphetamine to be brought to him at Angola, using two couriers, one which was a female who worked at the prison as a corrections officer.
DEA agents surveilled the transportation of the methamphetamine, which was hidden in fake soda cans and was driven from Bossier City to Alexandria by one of Brock’s co-defendant/couriers. The courier put the package into the female officer/co-defendant’s vehicle, who then took the methamphetamine hidden in fake soda cans with the plan to take them with her into Angola when reporting for work. DEA agents alerted Louisiana Department of Corrections investigators to expect the female officer to try and enter the facility with the hidden narcotics. Agents were able to stop her at the gate at Angola and search the vehicle and found the methamphetamine and seized it prior to her entry into the facility.
Brock faces 10 years to life in prison and up to a $10,000,000 fine on the drug charge. Sentencing is set for August 18, 2021 at 10:30 a.m.
The DEA conducted the investigation. Assistant U.S. Attorneys J. Aaron Crawford and Brandon B. Brown prosecuted the case.
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After Two Years as a Fugitive, Former Teller at URW Credit Union in Danville Arrested on Federal Charges of Embezzling $617,000Read the Press Release
DANVILLE, Va. - Authorities in Durham County, North Carolina arrested Jorge Navarro, a former teller at URW Community Federal Credit Union in Danville, after two years of flight on federal charges of embezzling $617,000, Acting United States Attorney Daniel P. Bubar and Special Agent in Charge Gerald W. Page of the Secret Service’s Richmond Field Office, announced today.
Navarro, 30, of Danville, was charged in a sealed indictment in October 2019 with one count of embezzlement and one count of passing counterfeit U.S. currency to URW Credit Union. The indictment was unsealed last week following Navarro’s arrest in North Carolina.
According to court documents, Navarro was the head teller at a branch of URW Community Credit Union. Between July 2017 and September 2018 Navarro allegedly embezzled $617,000 from the credit union, replacing the money he stole with counterfeit bills.
Following the illegal activity alleged in the indictment, Navarro fled and remained a fugitive until his arrest on March 31, 2021 in North Carolina. According to court documents filed in the Middle District of North Carolina, on March 31, 2021, Durham, N.C. police responded to a report of gunshots. When officers arrived, they encountered Navarro, who was using a fake name. Navarro was covered in blood and fleeing the scene of the reported gunfire. Police searched an apartment being used by Navarro and discovered cocaine and several firearms. They also found multiple forms of false identification, leading to Navarro’s arrest.
The investigation of the case was conducted by the Secret Service and Danville Police Department. Assistant United States Attorney Rachel Swartz is prosecuting the case for the United States.
Acting U.S. Attorney Juan Antonio Gonzalez Invites Community to Virtual Town HallRead the Press Release
Miami, Florida – As we near the end of the Derek Chauvin trial, the former Minneapolis police officer charged with killing George Floyd, the U.S. Attorney’s Office for the Southern District of Florida will be hosting a District-Wide, Virtual Town Hall Discussion on Monday, April 19, 2021, starting at 6:00 p.m.
During the live-streamed, virtual conversation, participants will have the opportunity to engage the Acting U.S. Attorney for the Southern District of Florida, Juan Antonio Gonzalez, and various police and civic leaders about the social justice issues we currently confront. Acting U.S. Attorney Gonzalez encourages all members of the community to join the conversation.
“At this pivotal point for our country, it is important for the public to have a forum where they can ask questions and raise concerns, whether those are about the Chauvin trial and its possible outcomes or the path forward for policing and society.” said Acting U.S. Attorney Gonzalez. “The purpose of this Virtual Town Hall is to provide this forum and openly address these topics.”
Those who wish to join the April 19th Virtual Town Hall will have the opportunity to submit questions and comments during the discussion.
The public can join the town hall by visiting http://bit.ly/usaotownhall. If prompted, the meeting ID is 199 372 5333 and the password is townhall.
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Tuesday 13 April 2021
Woodsboro Man Pleads Guilty to Possession of Child PornographyRead the Press Release
Baltimore, Maryland – Jeffrey John White, age 53, of Woodsboro, Maryland, pleaded guilty today to the federal charge of possession of child pornography. At the time of his federal offense, White was on supervised probation for a previous conviction for similar conduct in Montgomery County Circuit Court.
The plea was announced by Acting United States Attorney for the District of Maryland Jonathan F. Lenzner; Special Agent in Charge Jennifer C. Boone of the Federal Bureau of Investigation, Baltimore Field Office; Frederick County Sheriff Charles A. “Chuck” Jenkins; and Frederick County State’s Attorney J. Charles Smith III.
According to his guilty plea, White was previously convicted of two counts of possession of child pornography in the Circuit Court of Montgomery County on September 25, 2014. The conviction arose from White’s possession of almost 10,000 files of child sex abuse material. For that conviction, White was sentenced to five years imprisonment, suspended and five years of supervised release. On September 30, 2015, White was found to have violated his probation and was sentenced to five years in prison with all but 18 months suspended, followed by four years of supervised probation.
From April 14, 2020 through July 2020, while on supervised probation for his previous child pornography conviction, White began to use a peer-to-peer file sharing network to access, distribute and possess child pornography. On three separate dates during April 2020, investigators with the Frederick County Sheriff’s Office were able to establish twenty direct connections with a device, later determined to be White’s laptop and SD card, to view and download known files of child pornography, including a one hour and thirty-nine second video depicting a prepubescent 12-year-old victim displaying her genitals.
On July 6, 2020 investigators from the Frederick County Sheriff’s Office and the Federal Bureau of Investigation executed a search warrant at White’s Woodsboro residence and seized White’s laptop and SD card. At that time, White claimed ownership of his laptop, however he claimed he did not know how to access the encrypted laptop. White also claimed to have no knowledge of child pornography activity on the file sharing network. Additionally, a child-sized sex-doll with an anal and vaginal opening was located during the execution of the search warrant.
Federal agents were able to decrypt White’s laptop and forensically examine its hard drive, recovering 7,000 unique images and more than 240 unique videos of child pornography. Child pornography found on White’s laptop was similar to the images investigators initially downloaded from White’s IP address. In addition, thousands of child erotica files were also discovered on White’s laptop and SD card.
As part of his plea agreement, White will be required to continue to register as a sex offender in the places where he resides, where he is an employee, and where he is a student, under the Sex Offender Registration and Notification Act (SORNA).
White faces a mandatory minimum sentence of 10 years in federal prison and a maximum of 20 years in federal prison for possession of child pornography. U.S. District Judge Stephanie A. Gallagher has not yet scheduled a sentencing date for White.
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.
Acting United States Attorney Jonathan F. Lenzner commended the FBI, Frederick State’s Attorney’s Office, the Frederick Sheriff’s Office, and the Frederick County Cyber Crimes Task Force for their work in the investigation. Mr. Lenzner thanked Assistant U.S. Attorney Daniel A. Loveland, Jr. and Special Assistant U.S. Attorney Joyce King, who are prosecuting the case.
For more information on the Maryland U.S. Attorney’s Office, its priorities, and resources available to help the community, please visit www.justice.gov/usao-md/project-safe-childhood and https://www.justice.gov/usao-md/community-outreach.
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Wheeling woman admits to failing to registerRead the Press Release
WHEELING, WEST VIRGINIA – Bobbi Jo Starry, of Wheeling, West Virginia, has admitted to a sex offender registry charge, Acting United States Attorney Randolph J. Bernard announced.
Starry, 55, pled guilty today to one count of “Failure to Register.” Starry, who is required to register as a sex offender, admitted to failing to update her registry from January to August 2020 in the Northern District of West Virginia and elsewhere.
Starry faces up to 10 years of incarceration and a fine of up to $250,000. 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 Danae DeMasi-Lemon is prosecuting the case on behalf of the government. The U.S. Marshals Service investigated.
U.S. Magistrate Judge James P. Mazzone presided.
Wheeling man sentenced for drug chargeRead the Press Release
WHEELING, WEST VIRGINIA – Devon Alexander Bertram, of Wheeling, West Virginia, was sentenced to 15 months of incarceration for a drug charge, Acting United States Attorney Randolph J. Bernard announced.
Bertram, also known as “VON,” 31, pled guilty to one count of “Distribution of Cocaine Base within 1000 Feet of a Protected Location” in January 2021. Bertram admitted to selling cocaine base or “crack” near The Linsly School in March 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.
Wausau Man Sentenced to 30 Months for Tax EvasionRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, Acting United States Attorney for the Western District of Wisconsin, announced that Leonard Kersten, 55, Wausau, Wisconsin, was sentenced on April 9 by U.S. District Judge William M. Conley to 30 months in federal prison, followed by three years of supervised release, for tax evasion. Kersten pleaded guilty to the charge on January 22, 2021. He was ordered to report to federal prison on May 24, 2021. He was also ordered to pay restitution of $347,979.96 to the Internal Revenue Service.
Kersten evaded taxes by failing to report as income $1.7 million he embezzled from his employer between 2007 and 2017. He used his position as a company accountant to embezzle funds by issuing checks to himself or his spouse. He then altered the company’s accounting records to make it appear that the checks were issued to pay legitimate company suppliers.
Under federal law, even embezzled funds are considered income for tax purposes. Kersten admitted at his guilty plea hearing that he knew the tax returns he filed were false because he knew the funds he embezzled were supposed to be included as income. By willingly failing to report the additional embezzled income on his tax returns, Kersten and his spouse paid approximately $350,000 less in taxes than they should have. This created a tax due and owing under federal tax law.
The charges against Kersten were the result of an investigation conducted by IRS Criminal Investigation. The United States also recognizes the assistance of the Office of the U.S. Trustee for the Western District of Wisconsin. The prosecution of the case has been handled by Assistant U.S. Attorney Meredith P. Duchemin.
Utah Man Admits Illegal Sale of Sexual Enhancement DrugsRead the Press Release
NEWARK, N.J. – A Utah man today admitted illegally selling erectile dysfunction pills that he falsely marketed as herbal supplements for men, Acting U.S. Attorney Rachael A. Honig announced.
Robert Zeng, 55, of Salt Lake City, Utah, pleaded guilty by videoconference before U.S. District Judge Madeline Cox Arleo to an information charging him with one count of introducing a misbranded drug into interstate commerce with intent to defraud and mislead consumers.
According to documents filed in this case and statements made in court:
Zeng was the owner of various businesses, including NutopiaUSA, which sold purported natural supplements online and through e-commerce websites. On Feb. 29, 2020, Zeng imported three kilograms of sildenafil, an active ingredient in the brand name prescription drug Viagra, which is approved by the FDA for the treatment of erectile dysfunction. Zeng used the sildenafil to manufacture an unapproved and misbranded drug named “Mr. Richard Rocks.”
Zeng falsely marketed and labeled Mr. Richard Rocks as a dietary supplement containing only natural ingredients that treated erectile dysfunction, enhanced sexual performance, improved mood, and reduced blood sugar and cholesterol. The labeling for Mr. Richard Rocks did not disclose the presence of sildenafil, reveal the potentially adverse health consequences that may result from using a product containing sildenafil, nor provide adequate directions for use. Zeng sold Mr. Richard Rocks on the Nutopia website and on e-commerce platforms to consumers across the United States, including in New Jersey, without requiring a prescription.
The felony misbranding charge to which Zeng pleaded guilty carries a maximum penalty of three years in prison and a fine of $250,000, or twice the gross pecuniary gain/loss, whichever is greater. Sentencing is scheduled for Aug. 26, 2021.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, and special agents of the FDA Office of Criminal Investigations’ New York Field Office, under the direction of Special Agent in Charge Jeffrey J. Ebersole, with the investigation leading to today’s guilty plea. She also thanked the U.S. Attorney’s Office, District of Utah, under the direction of Acting U.S. Attorney Andrea T. Martinez, and the FBI-Utah, under the direction of Special Agent in Charge Dennis W. Rice in Salt Lake City, Utah.
This case originally arose out of the COVID-19 Hoarding and Price Gouging Task Force led by the U.S. Attorney’s Office for the District of New Jersey, which is coordinating efforts with the Antitrust Division and U.S. Attorneys across the country wherever illegal activity involving protective personal equipment occurs.
The government is represented by Assistant U.S. Attorney Jonathan Fayer of the U.S. Attorney’s Office Economic Crimes Unit.
Hidden active pharmaceutical ingredients have been identified in products promoted not only for sexual enhancement, but also for weight loss, bodybuilding and pain relief. The FDA has issued hundreds of public warnings and recall announcements related to these types of fraudulent products. The FDA’s Tainted Products database can help consumers identify some of these potentially harmful products. Even if a product is not included in the list, consumers should be cautious about using these products.
Union County Man Arrested for Robbing BankRead the Press Release
NEWARK, N.J. – A Union County, New Jersey, man was arrested today for robbing a bank in Rutherford, New Jersey, Acting U.S. Attorney Rachael A. Honig announced.
Senenca Wilson, aka “Seneca Wilson,” 42, of Clark, New Jersey, was arrested today and charged by complaint with one count of bank robbery. He is scheduled to make his initial appearance by videoconference today before U.S. Magistrate Judge James B. Clark III.
According to documents filed in this case and statements made in court:
On April 7, 2021, at 4:12 p.m., Wilson entered Victim Bank-1 in Rutherford wearing a thin windbreaker over a dark t-shirt with a white logo. Wilson was also wearing a dark New York Yankees baseball cap, sunglasses, a neck gaiter over his face, and a glove on his left hand.
Wilson handed the teller a note demanding money with no straps on the bills. The teller put currency into a white plastic bag that Wilson provided. Wilson took the bag of cash and walked out of the bank. Moments later, a doorbell video camera on a nearby residence recorded footage of Wilson running south down the sidewalk away from Victim Bank-1. A few seconds later, a car registered to Wilson was seen driving away from the area, and .the Yankees baseball cap that Wilson wore during the robbery was found by law enforcement in a recycling bin near Victim Bank-1
The bank robbery charge carries a maximum potential penalty of 20 years in prison and a $250,000 fine.
Acting U.S. Attorney Honig credited special agents of the FBI’s Violent Crimes/Interstate Theft Task Force, under the direction of Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to the charges.
The government is represented by Assistant U.S. Attorney Jonathan W. Romankow of the U.S. Attorney’s Office Violent Crimes Unit in Newark.
The charge and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.