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Friday 26 March 2021
A dozen Texans arrested in Laredo round-upRead the Press Release
LAREDO, Texas – A coordinated law enforcement effort has resulted in the arrest of multiple individuals for conspiring to distribute narcotics and firearm violations, announced Acting U.S. Attorney Jennifer B. Lowery.
On March 24, a federal grand jury sitting in Corpus Christi returned three separate sealed indictments charging Martin Perez Jr., 38, Mateo Roberto Alaniz, 46, Joaquin Maldonado, 38, Julio Nazario Torres, 46, Armando Mendoza Jr., 38, Federico Maldonado, 32, Luis Alberto Agredano, 42, Roberto Gonzalez, 38, Alfredo Gonzalez, 35, Jesus Austin Farfan, 31, Antonio Mercado, 35, and Agustin Fuentes, 36.
All are expected to make their initial appearances before a U.S. magistrate judge in Laredo Monday, March 29.
Their indictments allege varying charges relating to their involvement in trafficking narcotics in Laredo. With the exception of Fuentes and Mercado, the remaining 10 defendants are charged in one indictment with possession with the intent to deliver crack cocaine as well as maintaining a premises for drug trafficking within 1000 feet of a school, playground or public housing project. Perez and Farfan are also charged in the same indictment with possessing a firearm in relation to a drug trafficking crime as well as being a felon in possession of a firearm. Fuentes is further charged solely in a separate indictment for possession with intent to deliver heroin. The last indictment alleges Mercado also possessed heroin with the intent to deliver it.
If convicted, all but Fuentes and Mercado face up to life in prison. Then remaining charges carry varying term of imprisonment of up to 40 years.
The Drug Enforcement Administration, Laredo Police Department and FBI conducted the Organized Crime Drug Enforcement Task Force (OCDETF) operation dubbed Operation Sin Piso with the assistance of the Webb County Sheriff’s Office, Texas Department of Public Safety, Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 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 on the Department of Justice’s OCDETF webpage.
Assistant U.S. Attorney Brittany L. Jensen is prosecuting the case.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.
Thursday 25 March 2021
Wilson Man Convicted of Gun Possession as a Convicted FelonRead the Press Release
RALEIGH, N.C. – A federal jury convicted a Wilson man on Tuesday on charges of possession of a firearm by a convicted felon.
According to court records and evidence presented at trial, Terrance Anthony Moore, 35, possessed a firearm on July 8, 2018. Moore was seen by law enforcement standing on the side of the road in Wilson, raising and lowering the firearm in the direction of nearby businesses. Moore took the stand and testified, among other things, that he had a number of previous felony convictions, including two common law robberies and a drug distribution offense, within the previous ten years. He also testified that his nickname was “Trigger” due to his violent temper.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement after U.S. District Judge Terrence W. Boyle accepted the verdict. The Wilson Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case and Assistant U.S. Attorney Lucy Brown is prosecuting the case.
Related court documents and information can be found on the website of the U.S. District Court for the Eastern District of North Carolina or on PACER by searching for Case No.5:19-cr-00164-BO.
Virginia Man Arrested for Gun Trafficking in South JerseyRead the Press Release
CAMDEN, N.J. – A Virginia man was arrested and charged with gun trafficking and possession of firearms by a felon, Acting U.S. Attorney Rachael A. Honig announced today.
Markell Pooler, 26, of Norfolk, Virginia, is charged by complaint with one count of dealing in firearms and two counts of possession of firearms by a convicted felon. He appeared by videoconference this afternoon before U.S. Magistrate Judge Ann Marie Donio and was detained without bail.
According to documents filed in this case and statements made in court:
Pooler was identified as a firearms trafficker who offered to bring guns from pawn shops in Virginia to the Camden area. Between December 2020 and his arrest, Pooler, a convicted felon, obtained handguns in Virginia and sold them in South Jersey. Pooler had in his possession five handguns when he was arrested.
The count of engaging in the business of unlicensed firearms dealing and travelling across state lines to do so carries a maximum potential penalty of 15 years in prison and a $250,000 fine. The counts of possession of a firearm by a felon each carry a maximum potential penalty of 10 years in prison and a $250,000.
Acting U.S. Attorney Honig credited special agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives, Camden Field Office, under the direction of Special Agent in Charge of Charlie J. Patterson in Newark; the New Jersey State Police, under the direction of Col. Patrick J. Callahan; the Gloucester County Prosecutor’s Office, under the direction of Acting County Prosecutor Christine Hoffman; and the Woodbury Police Department, under the direction of Chief Thomas R. Ryan, with the investigation leading to the charges.
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 ensured that federal resources are directed at the criminals posing the greatest threat to our communities. For more information about Project Guardian, please see: https://www.justice.gov/projectguardian
The government is represented by Assistant U.S. Attorney Alisa Shver of the U.S. Attorney’s Office Criminal Division in Camden.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
Vail Resident Sentenced to 11 Years for Child Exploitation OffensesRead the Press Release
TUCSON, Ariz. – Stephen Patrick Luethy, 57, of Tucson, Arizona, was sentenced today by United States District Judge James Soto to 132 months in prison. Luethy previously pleaded guilty in October 2019 to Receipt of Child Pornography.
In February 2019, Luethy was indicted after a federal investigation revealed he had been sending money to individuals in the Philippines in exchange for child exploitation materials. Luethy had asked multiple individuals to create videos depicting mutilation of children, in addition to child sex abuse videos. At this time, there is no evidence to suggest that videos depicting child mutilation were created in response to Luethy’s requests.
Upon release from prison, Luethy will be placed on lifetime supervised release with stringent sex offender conditions. He will also be required to register as a sex offender and to complete a sex offender treatment program.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorney’s Offices and CEOS, Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc
The Federal Bureau of Investigation, Tucson, conducted the investigation in this case. Carin C. Duryee, Assistant U.S. Attorney, District of Arizona, Tucson, handled the prosecution.
CASE NUMBER: CR 19-0340-TUC-JAS
RELEASE NUMBER: 2021-018_Luethy# # #
For more information on the U.S. Attorney’s Office, District of Arizona, visit http://www.justice.gov/usao/az/
Follow the U.S. Attorney’s Office, District of Arizona, on Twitter @USAO_AZ for the latest news.Upshur County man sentenced for making a bombRead the Press Release
ELKINS, WEST VIRGINIA – William John Clark, of Buckhannon, West Virginia, was sentenced today to 57 months of incarceration for making a bomb, Acting United States Attorney Randolph J. Bernard announced.
Clark, age 62, pled guilty to one count of “Making a Destructive Device” in August 2020. Clark admitted to making an explosive bomb, which wasn’t registered as required by law. Clark set off a pipe bomb outside of a home following a verbal disagreement with someone in the neighborhood. The crime occurred in March 2020 in Upshur County.
Clark was also fined $5,000.
Assistant U.S. Attorney Brandon S. Flower prosecuted the case on behalf of the government. The Bureau of Alcohol, Tobacco, Firearms and Explosives, the West Virginia State Police, and the Upshur County Sheriff’s Office investigated.
U.S. District Judge Thomas S. Kleeh presided.
United States Seizes Websites Used by Foreign Terrorist OrganizationRead the Press Release
ALEXANDRIA, Va. – The United States has seized “r-m-n.net” and “Almaalomah.com,” two websites that were unlawfully utilized by Kata’ib Hizballah, a Specially Designated National and a Foreign Terrorist Organization.
“The internet must not be used as a recruitment tool for terrorist organizations to promote violent extremism and spread their hateful rhetoric,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “We stand committed with our law enforcement partners to use all available resources to combat terrorism.”
“Special Agents with the Bureau of Industry and Security’s Office of Export Enforcement will use all of the tools at our disposal to protect American citizens, including our military service members, from terrorist acts of violence inspired and directed via online platforms,” said Kevin J. Kurland, who is performing the non-exclusive duties of the Assistant Secretary for Export Enforcement at the Bureau of Industry and Security. “We will continue to aggressively disrupt Foreign Terrorist Organizations such as Kata’ib Hizballah and their efforts to utilize U.S. cyber infrastructure to harm U.S. national security.”
On July 2, 2009, the U.S. Secretary of Treasury designated Kata’ib Hizballah, an Iran-backed terrorist group active in Iraq, as a Specially Designated National for committing, directing, supporting, and posing a significant risk of committing acts of violence against Coalition and Iraqi Security Forces. On the same day, the U.S. Department of State designated Kata’ib Hizballah as a Foreign Terrorist Organization for committing or posing a significant risk of committing acts of terrorism.
On Aug. 31, 2020, pursuant to a seizure warrant in the District of Arizona, the United States seized “Aletejahtv.com” and “Aletejahtv.org.” “Aletejahtv.com” and “Aletejahtv.org,” served as Kata’ib Hizballah’s media arm and published internet communications such as videos, articles, and photographs. Within weeks, federal agents located the content from “Aletejahtv.com” and “Aletejahtv.org” on “Aletejah.tv” and “kataibhezbollah.com,” including the Kata’ib Hizballah flag and the words “Islamic Resistance, Kataib Hizbollah.” The content even included false information about COVID-19 designed to damage the perception of the United States in the minds of Iraqi citizens and to destabilize the region to the benefit of Iran.
On Oct. 14, 2020, pursuant to a seizure warrant issued in the Eastern District of Virginia, the United States seized “Aletejah.tv” and “kataibhezbollah.com.”
On March 25, 2021, pursuant to a seizure warrant issued in the Eastern District of Virginia, the United States seized “Almaalomah.com” and “r-m-n.net.” Visitors to the site received the following message:
Federal law prohibits designated entities like Kata’ib Hizballah from obtaining or utilizing goods or services, including website and domain services, in the United States without a license from the Office of Foreign Assets Control. “Almaalomah.com” and “r-m-n.net” are domain names that are owned and operated by a U.S. company based in Reston, Virginia. Kata’ib Hizballah did not obtain a license from the Office of Foreign Assets Control prior to utilizing the domain names.
This seizure was investigated by the U.S. Department of Commerce, Bureau of Industry and Security, Office of Export Enforcement, Miami Field Office.
The U.S. Attorney’s Office for the Eastern District of Virginia and the Department of Justice’s National Security Division prosecuted the seizure.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia.
United States Attorney’s Office, FBI Warn Residents of Online DangersRead the Press Release
ROANOKE, Va. – As the world continues to operate in a more virtual environment due to COVID-19 restrictions, Acting United States Attorney Daniel P. Bubar and Christopher R. Derrickson, Acting Special Agent in Charge of the FBI’s Richmond Division are reminding people to continue to be vigilant when it comes to keeping your family safe online.
“The worldwide pandemic caused by COVID-19 has changed the way we interact with our community. Many of our school, work, and social events are now conducted online, making the need to be aware of the threats posed even greater,” Acting United States Attorney Bubar said today. “Parents need to be aware of who their children are communicating with, what apps they are using, and whether the games they are playing have a messaging or chat function. Predators can use all of these mechanisms to infiltrate our lives. The United States Attorney's Office and our partners at the FBI are doing our part to keep you safe but we want parents, grandparents, and others to have as much information as possible to stay vigilant and protect their families as well.”
FBI Acting Special Agent in Charge Derrickson urges parents to talk to their kids about the dangers of the internet and what to do if someone approaches them with an inappropriate request.
“Sextortion is not a crime defined by sex, race, education, geography, or a family's affluence - any child can be a victim of sexual exploitation. The FBI is fully committed to working with our law enforcement partners to educate adults and children, investigate allegations, provide appropriate victim services, and prosecute predators,” Acting Special Agent in Charge Derrickson said today. “Prompt reporting is key in stopping these crimes, capturing the perpetrator, and preventing further victimization. The FBI relies on assistance from the community, especially in these types of sensitive investigations. Please do not be afraid or ashamed to contact authorities or tell a trusted adult to report suspected or actual exploitation.”
According to Acting U.S. Attorney Bubar, it is an unfortunate reality that individuals contact minors online and attempt to extort them, seeking inappropriate pictures or videos.
Last month in federal court in Roanoke, the U.S. Attorney’s Office prosecuted a Roanoke man who had been communicating with a minor. Over the course of several months, the defendant used online messaging apps to communicate with the victim, and several other minors, in attempts to convince them to send him nude pictures and videos of themselves.
Acting SAC Derrickson offered some advice on how parents can keep their children safe while navigating the ever-expanding online world:
Advice for Children:
- Be selective about what you share online.
- Be cautious of anyone you meet online for the first time - block/ignore messages from strangers.
- Know that people can pretend to be anything/anyone online. Images can be altered or stolen.
- Be suspicious if you meet someone on one app and they ask you to move to a different platform.
- Know and assume that any content you create online -- texts, photos/images or videos -- will be made public, permanently. Nothing "disappears" online, and once sent you have no control over where it goes.
- Be willing to ask for help.
Advice for Adults:
- Maintain active engagement with your children. Open the door and encourage an open and honest conversation about online activity and possible victimization.
- Place limits on internet use.
- Consider shutting down Wi-Fi during overnight hours.
- Review settings on social media and ensure they are set at the strictest level possible.
- Spot check phones and other devices.
- Know what apps are being used.
- Know who is communicating with your child.
- Be aware of what is being downloaded.
- Know passwords to electronic devices.
Most importantly, if you feel you may have been a victim, or have seen something online you believe may be illegal, report it immediately by calling your local police department or contacting the FBI at:
- FBI Richmond 804-261-1044
- FBI Tip-Line, 1-800-CALL-FBI (225-5324)
- FBI Online Tipline: https://tips.fbi.gov/
There are also more resources available at fbi.gov/about/community-outreach/safe-online-surfing-sos-program and sos.fbi.gov/en/.
Ukrainian traffickers sentenced for counterfeit cancer and hepatitis drugsRead the Press Release
HOUSTON - Two citizens of Ukraine have been sentenced after admitting they conspired to smuggle and distribute counterfeit cancer and hepatitis drugs into the United States.
Maksym Nienadov, 36, is the owner of the Ukrainian-based company Healthy Nation. He and his co-conspirator and employee – Volodymyr Nikolaienko, 34 – pleaded guilty to conspiracy, trafficking in counterfeit drugs and smuggling goods into the United States July 17, 2020. Nienadov also admitted to introducing misbranded medicine into the United States.
Today, Nienadov and Nikolaienko were sentenced to respective terms of 71 and 33 months in federal prison. They are both expected to face removal proceedings following the prison terms.
“Those that traffic counterfeit drugs pose harm to our country’s most vulnerable citizens and will face consequences,” said Acting U.S. Attorney Jennifer B. Lowery. “Defenseless people need their medications for life-threatening illnesses. Schemes like these put patients at risk of not receiving the actual drugs required for treatment. This prosecution demonstrates the tremendous work by all our partners and our collaborative commitment to protecting our community and combatting counterfeit drug trafficking into the United States.”
“The defendants sought to profit off the illnesses of others, selling false hope – including fake drugs with no active ingredient – and risking the health of vulnerable patients,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “This prosecution makes clear that we will hold accountable those who disregard the risks to patients by smuggling counterfeit drugs into the United States.”
In June 2018, undercover U.S. authorities began communicating with Nienadov about the illegal sale of Keytruda. This prompted a months-long exchange which also involved Nikolaienko and resulted in the unlawful sale of counterfeit or unapproved Keytruda, Abraxane and Epclusa. Neither Nienadov nor Nikolaienko are medical doctors, pharmacists or licensed pharmaceutical wholesalers in the United States and did not have authorization to sell the drugs.
Merck & Co. manufactures Keytruda, a medicine to treat cancer, while Gilead Sciences Inc. manufactures Epclusa, a prescription drug for the treatment of hepatitis-C. Celgene Corporation is a wholly-owned subsidiary of Bristol Myers Squibb and manufactures the oncology product Abraxane. In their legitimate form, the Food and Drug Administration (FDA) approved all three drugs for distribution in the United States.
During the undercover investigation, law enforcement received Nienadov’s banking information, which included the name “Maksim Nenadov” and his Ukrainian bank account number. Authorities transferred $2,400 to his bank account for the purchase of the purported Keytruda. Soon after, they received a shipment from “Maxim Nenadov” which contained two boxes represented to contain Keytruda. However, the items were sent to Merck for testing and determined to be counterfeit.
Authorities then negotiated the purchase of more Keytruda as well as an another medication, Abraxane. The online messaging and email conversations resulted in a $3,400 undercover payment to Nienadov for the purchase of both drugs. On July 30, 2018, “Maxim Nenadov” sent two boxes of 50 mg purported Keytruda and two boxes of supposed Abraxane 5 mg/ml to undercover agents. Merck and Celgene performed analyses and confirmed the packaging and medication to be counterfeit.
In late 2018, law enforcement also negotiated the undercover purchase of two boxes of purported Epclusa tablets from Nienadov and Nikolaienko for $6,000. Gilead identified the packaging and contents as counterfeit.
“Selling illegal prescription drugs in the U.S. marketplace puts consumers’ health at risk, but it is especially reprehensible when the drugs are intended for use with especially vulnerable populations, such as cancer patients,” said Special Agent in Charge Charles L. Grinstead of the Food and Drug Administration, Office of Criminal Investigations (FDA-OCI) - Kansas City Field Office. “We will continue to investigate and bring to justice those who sell illegal prescription drugs, knowing that they can jeopardize patients’ health.”
“We work tirelessly, alongside our federal partners and private sector stakeholders, to prevent counterfeit pharmaceuticals from infiltrating the American marketplace,” said Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI), Houston. “Today’s sentencing is another example of our relentless efforts to ensure consumers are receiving the life-saving pharmaceuticals that they need to treat their afflictions.”
Nienadov and Nikolaienko were taken into custody April 18, 2019, after they arrived in the United States from Ukraine to discuss future unlawful shipments of pharmaceuticals. They have been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
HSI and FD-OCI conducted the investigation.
Assistant U.S. Attorney Sebastian Edwards and Senior Trial Attorney Jeffrey Pearlman of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) prosecuted the case. Former CCIPS Senior Trial Attorney Kebharu Smith assisted in the prosecution. In addition, the Criminal Division’s Office of International Affairs provided substantial assistance.
Ukrainian Traffickers Sentenced for Trafficking in Counterfeit Cancer and Hepatitis DrugsRead the Press Release
Two citizens of Ukraine have been sentenced for trafficking in and smuggling into the United States counterfeit cancer and hepatitis drugs.
Maksym Nienadov, 36, was the owner of the Ukrainian-based company Healthy Nation. He and his co-conspirator and employee – Volodymyr Nikolaienko, 34 – pleaded guilty in July 2020 to both trafficking in and smuggling into the United States counterfeit drugs and conspiracy to do so. Nienadov also pleaded guilty to introducing misbranded drugs into the United States.
Today, Nienadov and Nikolaienko were sentenced to respective terms of 71 and 33 months in federal prison. Each defendant is expected to face removal proceedings following his term in prison.
“The defendants sought to profit off the illnesses of others, selling false hope – including fake drugs with no active ingredient – and risking the health of vulnerable patients,” said Acting Assistant Attorney General Nicholas L. McQuaid of the Justice Department’s Criminal Division. “This prosecution makes clear that we will hold accountable those who disregard the risks to patients by smuggling counterfeit drugs into the United States.”
“Those that traffic counterfeit drugs pose harm to our country’s most vulnerable citizens and will face consequences,” said Acting U.S. Attorney Jennifer B. Lowery of the Southern District of Texas. “Defenseless people need their medications for life-threatening illnesses. Schemes like these put patients at risk of not receiving the actual drugs required for treatment. This prosecution demonstrates the tremendous work by all our partners and our collaborative commitment to protecting our community and combatting counterfeit drug trafficking into the United States.”
“Selling illegal prescription drugs in the U.S. marketplace puts consumers’ health at risk, but it is especially reprehensible when the drugs are intended for use with especially vulnerable populations, such as cancer patients,” said Special Agent in Charge Charles L. Grinstead of the Food and Drug Administration, Office of Criminal Investigations (FDA-OCI), Kansas City Field Office. “We will continue to investigate and bring to justice those who sell illegal prescription drugs, knowing that they can jeopardize patients’ health.”
“We work tirelessly, alongside our federal partners and private sector stakeholders, to prevent counterfeit pharmaceuticals from infiltrating the American marketplace,” said Special Agent in Charge Mark Dawson of Homeland Security Investigations (HSI), Houston. “Today’s sentencing is another example of our relentless efforts to ensure consumers are receiving the life-saving pharmaceuticals that they need to treat their afflictions.”
Nienadov and Nikolaienko were arrested in April 2019 after they arrived in the United States from Ukraine to discuss sales of future unlawful shipments of drugs. They have been and will remain in custody pending transfer to a Federal Bureau of Prisons facility to be determined.
HSI and FDA-OCI conducted the investigation.
Senior Trial Attorney Jeff Pearlman of the Criminal Division’s Computer Crime and Intellectual Property Section (CCIPS) and Assistant U.S. Attorney Sebastian Edwards of the Southern District of Texas prosecuted the case. Former CCIPS Senior Trial Attorney Kebharu Smith assisted in the prosecution.
The Justice Department’s Office of International Affairs and the Office of the Prosecutor General of Ukraine provided substantial assistance.
Two Louisiana College Students Charged with Identity TheftRead the Press Release
SHREVEPORT, La. - Acting United States Attorney Alexander C. Van Hook announced that Hayden Philip Breaux, 21, of Houma, Louisiana and D’Quincy Marquis Jones, 23, of Baton Rouge, Louisiana, have both been charged in an indictment returned by a federal grand jury with one count of conspiracy to commit identity theft and five counts of identity theft.
The indictment alleges that Breaux and Jones were involved in a fraudulent scheme to obtain emergency financial aid grants offered to colleges as part of the Coronavirus Aid, Relief, and Economic Security Act, or CARES Act, which was passed by the U.S. Congress in March 2020. As part of the CARES Act, funds were given to the Office of Postsecondary Education as the Higher Education Emergency Relief Fund. Louisiana College in Pineville, Louisiana was an institution of higher learning allotted emergency funding for its students.
It is alleged in the indictment that between June 5, 2020 and June 20, 2020, Breaux and Jones conspired to fraudulently obtain CARES Act funds for their own use. Breaux and Jones and other members of the conspiracy used personally identifiable information (“PII”), specifically, the Louisiana College Student Identification Numbers and passwords of other students to access the Louisiana College Online Student Portal (“the Portal”) to apply for CARES Act emergency financial aid grants in the names of individuals and direct the grants to specific bank accounts controlled by members of the conspiracy. In total, members of this conspiracy used, without lawful authority, the Louisiana College Student Identification Numbers and passwords of nine individuals to access the Portal, to apply for, and direct payment of CARES Act emergency financial aid from the Higher Education Emergency Relief Fund.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The FBI and U.S. Department of Education – Office of Inspector General are conducting the investigation. Assistant U.S. Attorney Seth D. Reeg is prosecuting the case.
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Two Austinites Indicted with Transporting Illegal Aliens Resulting in DeathRead the Press Release
In Del Rio, a federal grand jury returned an indictment charging two Austinites for their alleged roles in transporting illegal aliens from Del Rio to Austin resulting in the death of an illegal alien, announced U.S. Attorney Ashley C. Hoff and Homeland Security Investigations (HSI) Special Agent in Charge Shane Folden, San Antonio Division.
The four-count indictment returned yesterday afternoon charges 18-year-old Bianca Michelle Trujillo-Lopez and 28-year-old Isidro Rodriguez Jr. with one count of conspiracy to transport illegal aliens resulting in death; one count of transporting an illegal alien resulting in death; one count of conspiracy to transport illegal aliens resulting in serious bodily injury; and one count of transporting an illegal alien resulting in serious bodily injury.
Court records allege that on March 4, 2021, the defendants were traveling on FM 2523 near Del Rio when a Texas Department of Public Safety trooper attempted to stop them for speeding. The driver, Trujillo-Lopez, tried to outrun the trooper, at times reaching speeds over 120 miles per hour. She ultimately lost control of her vehicle and rolled it multiple times after missing a curve on the road. One illegal alien died after being ejected from the vehicle during the rollover. Two illegal aliens were transported to San Antonio area hospitals with multiple injuries. Another illegal alien sustained minor injuries.
The defendants face up to life in federal prison upon conviction of charges alleging death as a result and up to 20 years in federal prison upon conviction of charges alleging serious bodily injury as a result. On Monday, U.S. Magistrate Judge Collis White ordered that Rodriguez remain in federal custody pending trial. Trujillo-Lopez remains in federal custody pending a detention hearing scheduled for tomorrow morning before Judge White in Del Rio.
HSI, together with the Texas Department of Public Safety, conducted this investigation. Assistant U.S. Attorney Stephen Kam is prosecuting this case.
An indictment is merely a charge and should not be considered as evidence of guilt. The defendants are considered innocent until proven guilty in a court of law.
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Tulsa Man Charged for a Craig County MurderRead the Press Release
A Tulsa man has been charged in federal court for a murder that occurred in Craig County on March 21, 2021, announced Acting U.S. Attorney Clint Johnson.
Josiah Gammill was charged with murder in the first degree in Indian Country and made an initial appearance today at 2 pm in front of U.S. Magistrate Judge Paul J. Cleary.
Law enforcement discovered the victim’s body along with two expended shotgun shell hulls and the victim’s wallet and cellphone on County Road E 260, near an intersection with County Road S 4440. The victim was found with a gunshot wound to his abdomen. The crime was committed within the boundaries of the Cherokee Nation.
According to the criminal complaint, Gammill, the victim and two other passengers were traveling on the road and stopped the vehicle for a short break. Shortly after the group got out of the car, Gammill is alleged to have retrieved a shotgun from the trunk of the vehicle, walked toward the victim and fired two shots into the victim’s torso. Gammill and the others reportedly drove away from the scene and returned to Tulsa.
During the investigation, Tulsa Police detectives and agents and officers assigned to the FBI’s Safe Trails Task Force located multiple items allegedly linking the defendant to the murder, including burned clothing remnants, a shotgun shell, and a shotgun. The Tulsa Police Department’s Fugitive Squad arrested the defendant in his room at the Tulsa Inn and Suites.
This matter will proceed in U.S. District Court in Tulsa, where the criminal complaint is currently pending. A complaint is a temporary charge alleging a violation of law. For the case to proceed to trial, the United States must present the charge to a federal grand jury within 30 days. Once a grand jury returns an indictment, a defendant has a right to a jury trial at which the United States would have the burden of proving the defendant’s guilt beyond a reasonable doubt. All defendants are presumed innocent until proven guilty in a court of law.
The FBI, Oklahoma State Bureau of Investigation, Tulsa Police Department and Craig County Sheriff’s Office are the investigative agencies. Assistant U.S. Attorney Sandra Urban is prosecuting the case.
Tulalip Tribal member sentenced to 33 months in prison for sexual abuse of a minorRead the Press Release
Seattle – A member of the Tulalip Tribes who engaged in sexual acts with a 14‑year-old child was sentenced today in U.S. District Court in Seattle to 33 months in prison, announced Acting U.S. Attorney Tessa M. Gorman. Thomas Day, 24, repeatedly violated a no contact order issued by the Tulalip Tribal Court when he pursued sex acts with the 14-year-old. At the sentencing hearing, Chief U.S. District Court Judge Ricardo S. Martinez said, “he kept up this conduct even after he knew he was under law enforcement investigation.”
According to records filed in the case, between July and August 2019, Day continued to communicate with the 14-year-old a despite court order barring contact. Day met up with the child and took her to a residence on the Swinomish Tribal Reservation where they engaged in sex acts. The child was almost ten years younger than Day, and he had been told repeatedly by courts, law enforcement, and family members to leave the teen alone.
Day will be on supervised release for ten years following the prison term and will be required to register as a sex offender.
The case was investigated by the Tulalip Tribal Police, Swinomish Police Department and the FBI.
The case was prosecuted by Assistant United States Attorney Rebecca Cohen.
Texas Man Sentenced for Trafficking in WildlifeRead the Press Release
A Texas man was sentenced to 20 months in prison for trafficking protected species and ordered to pay a $2,000 fine and be placed on supervised release for a period of two years after completing his prison term.
Alejandro Carrillo, 62, of El Paso, pleaded guilty on July 9, 2020, to a two-count information charging him with one count of conspiracy to traffic wildlife and one count of smuggling. Carrillo admitted to being part of a conspiracy to smuggle wildlife from the Mexico into the United States via El Paso since May 2016. Carrillo was the middleman between several Mexico-based suppliers of wildlife and their U.S.-based customers. Carrillo’s role as middleman was to pick up wildlife from a co-conspirator in Juarez, Mexico, and transport (smuggle) that wildlife in his car into the United States at an El Paso border crossing. His status as a U.S. citizen with a Secure Electronic Network for Travelers Rapid Inspection card made his transits easy. Once in the United States, Carrillo would ship the wildlife via FedEx or U.S. Postal Service to the U.S.-based customers. On many occasions, animals died during transport.
The sentencing was announced by Acting Assistant Attorney General Jean Williams of the Justice Department’s Environment and Natural Resources Division and Edward Grace, Assistant Director of the U.S. Fish and Wildlife Service (USFWS) Office of Law Enforcement.
“Trafficking in protected species in violation of U.S. and international law is harmful to the animals and their native habitats,” said Acting Assistant Attorney General Jean E. Williams of the Justice Department’s Environment and Natural Resources Division. “The Justice Department remains determined to work with our law enforcement partners to ensure that these endangered animals are protected.”
“Wildlife trafficking is decimating much of the world’s natural resources,” said the USFWS Office of Law Enforcement Assistant Director Edward Grace. “It is paramount to deter and dismantle wildlife traffickers in order to ensure the sustainability of our natural resources, protect against zoonotic diseases from spreading, and so that future generations will be able to benefit from the world’s diverse species of wildlife and plants.”
Between April 2015 and December 2019, Carrillo illegally transported wildlife across the U.S.-Mexico border with a market value of over $3,500,000. Carrillo received a “crossing fee” for each border crossing, the amount of which depended on the number of animals transported, the size of the packages, and, in some cases, the level of risk of being detected by the authorities. In that time period, Carrillo was paid more than $198,000 to transport wildlife across the U.S.-Mexico border.
On Sept. 22, 2016, Carrillo picked up several reptiles from a supplier in Juarez, including a Central American river turtle (Dermatemys mawaii), which is a Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)-protected and endangered species, and transported them across the U.S.-Mexico border to his residence in El Paso. He then re-packaged the animals and sent them to a buyer in Oklahoma. The total value of the shipment was $1,650. Carrillo did not have a CITES import permit for any of the smuggled animals, nor were any permits issued in the name of any of the suppliers. In addition, Carrillo did not submit the necessary import wildlife declaration form to the USFWS.
The USFWS Office of Law Enforcement and the Environment and Natural Resources Division’s Environmental Crimes Section investigated the case.
Trial Attorneys Mary Dee Carraway and Gary Donner of the Environmental Crimes Section prosecuted the case.
Syracuse-Based Social Security Administration Employee Charged with Theft and Social Security FraudRead the Press Release
SYRACUSE, NEW YORK – Sean Okrzesik, age 34, of Syracuse, was arrested on March 23 on charges of theft of government property and Social Security fraud related to his diversion of Supplemental Security Income (SSI) benefits into bank accounts he set up in the names of beneficiaries or their representative payees while he was employed in the Syracuse District Office of the Social Security Administration. SSI is a federal income supplement program funded by general tax revenue. The program is designed to help disabled people, with little or no income, cover the costs of basic needs.
The announcement was made by Acting United States Attorney Antoinette T. Bacon and Gail S. Ennis, Inspector General for the Social Security Administration.
Okrzesik appeared in Federal Court in Syracuse, New York, before United States Magistrate Judge Thérèse Wiley Dancks. He was ordered released pending trial on a date to be scheduled in the future.
If convicted of theft of government property and Social Security fraud, Okrzesik faces a maximum term of imprisonment of ten (10) years, a fine of up to $250,000, and a term of supervised of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
The charges in the complaint are merely accusations. The defendant is presumed innocent until proven guilty.
This case is being investigated by the SSA Office of the Inspector General under the supervision of John F. Grasso, Special Agent in Charge of the Social Security Administration, Office of the Inspector General, New York Field Office, and is being prosecuted by Special Assistant U.S. Attorney Adrian S. LaRochelle.
Stanislaus County Man Indicted for Illegal Firearm PossessionRead the Press Release
FRESNO, Calif. — A federal grand jury returned an indictment today charging a Turlock man with being a felon in possession of a firearm, Acting U.S. Attorney Phillip A. Talbert announced.
According to court documents, on Feb. 23, Doroteo Gonzales Jr., 25, was found in possession of a loaded handgun. Gonzales was previously convicted of several felonies and was on parole for robbery at the time of his arrest.
This case is the product of an investigation by the Bureau of Alcohol Tobacco, Firearms and Explosives, the Federal Bureau of Investigation, the Modesto Police Department, the Turlock Police Department, and the Stanislaus County District Attorney’s Office. Assistant U.S. Attorney Katherine E. Schuh is prosecuting the case.
If convicted, Gonzales faces a maximum statutory penalty of 10 years in prison and a $250,000 fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.
The 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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Smith County Man Guilty of Federal Drug Trafficking ViolationsRead the Press Release
TYLER, Texas – A Tyler, Texas man has pleaded guilty to federal drug trafficking violations in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei.
Cory Jsamard Ford, 33, pleaded guilty to possession of cocaine with intent to distribute today before U.S. Magistrate Judge John D. Love.
“This case is another example of how federal, state, and local law enforcement, working together, can significantly interrupt the flow of controlled substances in our communities,” said Acting U.S. Attorney Nicholas J. Ganjei. “Cases like this, sustained over time, can make a big difference in our towns and cities.”
According to information presented in court, between Jan. 23, 2020 and Feb. 5, 2020, Ford distributed cocaine and methamphetamine in Smith County, Texas. A federal grand jury returned an indictment charging Ford with federal drug trafficking crimes on Nov. 2, 2020. Under federal statutes, Ford faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation, the Smith County Sheriff’s Office, and the Texas Department of Public Safety-CID and prosecuted by Assistant U.S. Attorney Alan Jackson.
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Six Individuals Charged with Using Various Online Scams to Defraud Victims of More Than $4 MillionRead the Press Release
BOSTON – Six people were charged in three criminal complaints in connection with their roles in expansive online fraud schemes targeting individuals in the United States, including romance scams and pandemic unemployment assistance fraud.
Osakpamwan Henry Omoruyi, 36, a Nigerian national residing in Canton, Mass.; Osaretin Godspower Omoruyi, 34, a Nigerian national residing in Canton, Mass; and Macpherson Osemwegie, 32, of Hyde Park, Mass. were charged by criminal complaint with one count of conspiracy to commit bank fraud.
Mark Arome Okuo, 41, a Nigerian national residing in Canton, Mass., and Florence Mwende Musau, 36, a Kenyan national residing in Canton, Mass., were charged in a separate complaint with one count of conspiracy to commit wire and bank fraud.
Mike Oziegbe Amiegbe, 42, a Nigerian national residing in Dorchester, Mass., was charged in a third complaint with one count of conspiracy to commit mail fraud.
According to the charging documents, the defendants allegedly participated in a series of romance and other online scams designed to defraud victims into sending money to accounts and debit cards controlled by them. Romance scams occur when a criminal adopts a fake online identity to gain a victim’s affection and trust. The scammer then uses the illusion of a romantic or close relationship to manipulate and/or steal from the victim. To carry out the schemes here, the defendants allegedly used fake passports in the names of numerous aliases to open bank accounts in and around Boston to collect and launder the proceeds of the romance scams. The defendants then allegedly executed large cash withdrawals from those accounts, often multiple times on a single day and generally structured in amounts less than $10,000, in an effort to evade detection and currency transaction reporting requirements. The accounts allegedly were also used to collect fraudulent pandemic unemployment benefits in the names of Massachusetts beneficiaries who did not apply for such benefits. Across the romance and unemployment schemes, more than $4 million in fraud proceeds was deposited into accounts allegedly controlled by defendants.
The charges of conspiracy to commit bank fraud and conspiracy to commit wire and bank fraud provide for a sentence of up to 30 years in prison, five years of supervised release, a fine of up to $1 million or twice the gross gain or loss, whichever is greater, and forfeiture. The charge of conspiracy to commit mail fraud provides for a sentence of up to 20 years in prison, three years of supervised release, and a fine of up to $250,000 or twice the gross gain or loss, whichever is greater, and forfeiture. 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; William S. Walker, Acting Special Agent in Charge of Homeland Security Investigations in Boston; Joseph W. Cronin, Inspector in Charge of the U.S. Postal Inspection Service, Boston Division; and Jessica Moore, Chief of the Criminal Investigations Division of the U.S. Department of State’s Diplomatic Security Service made the announcement today. The Treasury Inspector General for Tax Administration also assisted in the investigation. Assistant U.S. Attorneys Sara Miron Bloom, Ian Stearns and Kristen Kearney of Mendell’s Securities, Financial & Cyber Fraud Unit are prosecuting the cases.
The details contained in the complaints are allegations. The defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Salvadoran National Sentenced for Illegal ReentryRead the Press Release
BOSTON – A Salvadoran national, currently on supervised release for a 2018 illegal reentry conviction, was sentenced today in federal court in Boston for illegal reentry.
Salvador Portillo Diaz, 34, was sentenced by U.S. District Court Judge Indira Talwani to 18 months in prison and three years of supervised release. Portillo Diaz was also found in violation of his supervised release for a 2018 illegal reentry conviction and sentenced to an additional four months in prison, to be served consecutively to his new term of imprisonment. Upon completion of his sentence, Portillo Diaz will be placed into removal proceedings and deported to El Salvador.
Portillo Diaz had been removed from the United States on three occasions between 2006 and 2018. In 2018, Portillo Diaz was encountered by law enforcement in Boston and charged with domestic assault and battery. At that time, it was determined that Portillo Diaz had illegally reentered the United States. He was charged and convicted in federal court in Boston and deported to El Salvador after completion of his sentence.
Sometime after the 2018 removal, Portillo Diaz illegally reentered the United States. In May 2020, Portillo Diaz was arrested in Everett and charged with assault and battery on a family member and assault and battery with a dangerous weapon. Portillo Diaz was ordered detained by the state and sentenced to time-served in September 2020. Upon completion of that sentence, Portillo Diaz was transferred into federal custody to face charges in this case.
Acting United States Attorney Nathaniel R. Mendell and Todd M. Lyons, Field Office Director, Boston, U.S. Immigration and Customs Enforcement’s Enforcement and Removal Operations made the announcement. Assistant U.S. Attorney Kenneth G. Shine of Mendell’s Major Crimes Unit prosecuted the case.
Plot to Smuggle Heroin and Methamphetamine into Fresno County Jail Results in Charges Against Inmate, Mother, and AssociateRead the Press Release
FRESNO, Calif. — A federal grand jury returned a two-count indictment today against Alfredo Garcia Jr., 27; Eva Romero, 53; and Leo Torres, 30, of Fresno, charging them with conspiring to distribute and possess with intent to distribute heroin and at least 5 grams of methamphetamine, Acting U.S. Attorney Phillip A. Talbert announced. Torres and Romero were also charged with distribution of controlled substances.
According to court documents, between January 19 and January 26, 2021, Garcia, Romero, and Torres conspired to smuggle heroin and methamphetamine into the Fresno County Jail for further distribution among inmates. Investigators uncovered the plan by listening to recorded jail calls, including calls between inmate Garcia and his mother, Romero. The calls revealed that the trio planned to sneak the drugs into the jail inside a pair of athletic shoes destined for an inmate. Their plot was foiled, however, when law enforcement at the jail intercepted the shoes and found hidden compartments inside them concealing the heroin and methamphetamine.
This case is the product of an investigation by Homeland Security Investigations, the Drug Enforcement Administration, the Fresno County Sheriff’s Office, the Fresno Police Department, and the Fresno County Jail. Assistant U.S. Attorney Justin J. Gilio is prosecuting the case.
If convicted, the defendants each face a mandatory minimum statutory penalty of five years in prison and a maximum statutory penalty of 40 years in prison and a $5 million fine. Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendants are presumed innocent until and unless proven guilty beyond a reasonable doubt.
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. To learn more about Project Safe Neighborhoods, go to www.justice.gov/psn.
Over 1,000 videos and images of child pornography lands South Texas man in prisonRead the Press Release
BROWNSVILLE, Texas – A 47-year-old Brownsville resident has been handed a lengthy federal prison sentence for possession of child pornography, announced Acting U.S. Attorney Jennifer B. Lowery.
Chance Wallace pleaded guilty Sep. 26, 2019.
Today, U.S. District Judge Fernando Rodriguez Jr. ordered him to serve 180 months in prison. The sentence will be immediately followed by eight years of supervised release during which he will have to comply with numerous requirements designed to restrict his access to children and the internet. He has also been ordered to register as a sex offender. At the hearing, the court considered statements of various victims describing how Wallace’s actions caused them continued harm. In handing down the prison term, Judge Rodriguez noted the seriousness of the offense and the need to protect the public from Wallace’s conduct.
In Oct. 2015, authorities launched an investigation targeting child pornography sharing on the internet. That led them to Wallace. The following month, they conducted a search at the residence and seized his computer and an external hard drive. Forensic analysis on the computer later revealed approximately 525 images and 497 videos of child pornography.
Wallace will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations - Rio Grande Valley Child Exploitation Task Force conducted the investigation.
Assistant U.S. Attorneys Ana C. Cano, Jason Corley and Joe Esquivel prosecuted 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.
Operation Wasted Daze: 46 Convicted in $18 Million Pill Mill SchemeRead the Press Release
Forty-six defendants, including two doctors, a nurse practitioner, and five pharmacists, have been convicted of operating an $18 million pill mill scheme, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
They were arrested in 2020 by the DEA’s Fort Worth Tactical Diversion Squad in “Operation Wasted Daze.”
The lead defendant, 61-year-old oncologist Caesar Mark Capistrano, was charged with multiple counts of conspiracy to dispense hydrocodone and possession with intent to distribute hydrocodone or carisoprodol. He and five coconspirators – pharmacists Ethel Oyekunle-Bubu, Wilkinson Oloyede Thomas, and Christopher Kalejaiye Ajayi as well as recruiter Brian Kincade and recruit Alphonse Fisher – were convicted at trial. The remaining 41 defendants pleaded guilty prior to trial.
According to evidence presented at three different trials conducted in early 2021, Dr. Capistrano and his associate, 36-year-old Dr. Tameka Lachelle Noel, wrote prescriptions for hydrocodone, oxycodone, alprazolam, carisoprodol, zolpidem, phentermine, and promethazine with codeine, knowing the drugs would be diverted to the streets for illicit use.
Dr. Capistrano and Dr. Noel, assisted by 48-year-old clinic manager Shirley Ann Williams, used a network of recruiters to enlist individuals from the community and local homeless shelters to pose as “patients.” Recruiters paid each “patient” a small fee, usually $50 to $200 cash, to obtain controlled substance prescriptions from Dr. Capistrano and Dr. Noel.
The recruiters – who paid the clinic based in part on the amount of drugs prescribed – then filled the prescriptions at various complicit pill mill pharmacies and diverted the drugs for resale on the streets.
The pharmacists charged the recruiters between $200 and $800 per prescription, filling hundreds and hundreds of prescriptions for a fee, according to evidence presented at trial.
At the clinic, many of the “patients” were seen not by the doctors, but by Ms. Williams, who possessed neither a medical license nor a DEA registration. After a perfunctory conversation with the “patient,” Ms. Williams allegedly coordinated with Dr. Capistrano and Dr. Noel to prescribe dangerous drugs without legitimate medical purpose. In order to make the prescriptions appear legitimate, the doctors occasionally included prescriptions for non-controlled substances, such as antibiotics and mineral ice.
Over a nine-year span, Dr. Capistrano issued prescriptions for more than 524,000 doses of hydrocodone, 430,000 doses of carisoprodol, 77,000 doses of alprazolam, and 2.07 million doses of promethazine with codeine. Over seven years, Dr. Noel issued prescriptions for more than 200,000 doses of hydrocodone, 55,000 doses of carisoprodol, 14,000 doses of alprazolam, and 450,000 doses of promethazine with codeine.
Often, the doctors prescribed multiple medications simultaneously and at the highest dosages available.
“Pill mills funnel potentially deadly opiates onto our streets, wreaking havoc in communities beset by addiction,” said U.S. Attorney Prerak Shah. “The doctors, pharmacists, and clinic staff convicted in this case violated not only medical ethics, but federal law as well. We are proud to bring them to justice, and we remain committed to fighting the opioid epidemic where it matters most – at the point of entry.”
“Mr. Capistrano and his criminal associates have violated the public’s trust and stained the image of such a vital and noble profession in our society, especially during a time where we need our front line healthcare workers the most, said DEA Dallas Field Division Special Agent in Charge, Eduardo A. Chávez. “Profiting off the lives of those addicted to controlled prescription drugs stops now. DEA Fort Worth and all of our North Texas law enforcement partners will never waver and always ensure justice is the best medicine.”
Medical professionals convicted in the scheme include:
- Caesar Mark Capistrano, medical doctor
Convicted at trial on 1/28/2021 of three counts of conspiracy to dispense a controlled substance and two counts of possession with intent to distribute a controlled substance
- Tameka Lachelle Noel, medical doctor
Pleaded guilty on 11/16/2020 to conspiracy to dispense a controlled substance and was sentenced to eight years federal prison.
- Ngozika Tracey Njoku, nurse practitioner
Pleaded guilty on 11/20/2020 to conspiracy to dispense a controlled substance
Clinic staff convicted in the scheme include:
- Shirley Ann Williams, clinic office manager
Pleaded guilty on 11/18/2020 to conspiracy to disperse a controlled substance
- Latonya Ann Tucker, office staff
Pleaded guilty on 11/20/2020 to conspiracy to distribute a controlled substance and was sentenced to five years federal prison.
Recruiters convicted in the scheme include:
- Ritchie Dale Milligan, Jr
Pleaded guilty on 11/18/2020 to conspiracy to distribute a controlled substance and was sentenced to eight years federal prison.
- Wayne Benard Kincade
Pleaded guilty on 11/16/2020 to conspiracy to distribute a controlled substance
- Katie Lorane Parker
Pleaded guilty on 11/16/2020 to conspiracy to distribute a controlled substance
- Cynthia Denise Cooks
Pleaded guilty on 11/25/2020 to conspiracy to distribute a controlled substance and was sentenced to five years federal prison.
Pharmacists convicted in the scheme include:
- Wilkinson Oloyede Thomas, Calvary Pharmacy
Convicted at trial on 1/28/2021 of three counts of conspiracy to dispense controlled substances and one count of possession with intent to distribute controlled substances
- Christopher Kalejaiye Ajayi, Remcare Pharmacy
Convicted at trial on 3/2/2021 of three counts of conspiracy to dispense controlled substances, and two counts of possession with intent to distribute controlled substances
- Bartholomew Anny Akubukwe, Beco Pharmacy
Pleaded guilty on 11/18/2020 to conspiracy to dispense a controlled substance and was sentenced to 11 years in federal prison.
- Nedal Helmi Naser, Brandy Pharmacy
Pleaded guilty on 3/16/2021 to conspiracy to dispense a controlled substance.
- Ethel Oyekunle-Bubu, Ethel’s Pharmacy
Convicted at trial on 1/28/2021 of three counts of conspiracy to dispense a controlled substance and two counts of possession with intent to distribute controlled substances.
Dr. Capistrano now faces up to 100 years in federal prison, 20 years per count. His coconspirators also face up to 20 years per count of conviction.
The DEA Dallas Field Division’s Fort Worth Office conducted the investigation, with the assistance of Homeland Security Investigations, IRS – Criminal Investigation, the U.S. Marshals Service, the U.S. Postal Inspection Service, the Parker County Sheriff’s Office, and the Fort Worth Police Department. The DEA’s Fort Worth Tactical Diversion Squad is comprised of DEA agents and task force officers from the Arlington Police Department, the Ellis County Sheriff’s Office, the North Richland Hills Police Department, the Benbrook Police Department, the Granbury Police Department, the Tarrant County Sheriff’s Office, and the Parker County Sheriff’s Office. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) Strike Force Initiative, which provides for the establishment of permanent multi-agency task force teams that work side-by-side in the same location. This co-located model enables agents from different agencies to collaborate on intelligence-driven, multi-jurisdictional operations to disrupt and dismantle the most significant drug traffickers, money launderers, gangs, and transnational criminal organizations. Assistant U.S. Attorneys Laura Montes and Shawn Smith prosecuted the case.
- Caesar Mark Capistrano, medical doctor
Operation False Haven: Convicted Child Rapist Sentenced for Naturalization Fraud, Criminally Denaturalized and Judicially Ordered Removed from the United StatesRead 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, J. Refugio Gomez-Juarez, age 51, a naturalized citizen of the United States, born in Mexico, residing in Franklin County, was sentenced by United States District Judge Terrence W. Boyle to 6 months imprisonment following a guilty plea to naturalization fraud. Moreover, Gomez-Juarez was criminally denaturalized as a United States citizen and ordered removed from the United States by the court.
According to the indictment, on September 1, 2010, after submitting an Application for Naturalization to U.S. Citizenship and Immigration Services, Gomez-Juarez made a false statement under oath during his naturalization interview. In response to the question “Have you ever committed a crime or offense for which you were not arrested?” he answered “No.”
On September 17, 2010, Gomez-Juarez was granted United States citizenship and issued a naturalization certificate which he subsequently used to fraudulently apply for and receive multiple U.S. passports.
On March 1, 2016, in the Superior Court of North Carolina in Franklin County, Gomez-Juarez was convicted of second-degree forcible rape for knowingly having vaginal intercourse with a mentally disabled child against her will. According to the judgment, the crime was committed on January 1, 2007, before he applied for naturalization. Gomez-Juarez was not arrested for the rape until 2011. Thus, immigration officials were not aware of the crime.
G. Norman Acker, III, Acting U.S. Attorney for the Eastern District of North Carolina made the announcement. Agents with ICE’s Enforcement and Removal Operations and Homeland Security Investigations, assigned to the Document Benefit Fraud Task Force, investigated the case as part of Operation False Haven. Operation False Haven is an ongoing initiative, in conjunction with the Department of Justice’s Office of Immigration Litigation, designed to identify and prosecute child molesters and other egregious felons who fraudulently obtained U.S. citizenship.
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 No. 5:20-cr-00345-BO.
North Texas Woman Guilty in Multimillion-Dollar Conspiracy Involving the Sale of Forged PrescriptionsRead the Press Release
SHERMAN, Texas – A Denison, Texas, woman has pleaded guilty for her role in a conspiracy scheme in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Lydia Henslee, 29, pleaded guilty to conspiring to possess and use means of identification in connection with various offenses today before U.S. Magistrate Judge Christine A. Nowak. Her co-conspirators, Demetrius Cervantes, 46, of McKinney, Texas, and Amanda Lowry, 40, of Sherman, Texas, previously pleaded guilty to conspiracy to obtain information from a protected computer and are awaiting sentencing.
“Prescriptions are not for sale in the Eastern District of Texas — the monetization of patient information and fabrication of physicians’ orders will not be tolerated,” said Acting U.S. Attorney Nicholas J. Ganjei. “This office will vigorously prosecute defendants who place profits over patients and manipulate the healthcare system for their personal gain.”
The defendants were indicted by a federal grand jury on Sep. 11, 2019, and were each charged with conspiracy to obtain information from a protected computer and conspiracy to unlawfully possess and use a means of identification.
According to information presented in court, the defendants breached a health care provider’s electronic health record (EHR) system in order to steal protected health information and personally identifiable information belonging to patients. This stolen information was then “repackaged” in the form of false and fraudulent physician orders and subsequently sold to durable medical equipment (DME) providers and contractors. Within approximately eight months, the defendants obtained more the $1.4 million in proceeds from the sale of the stolen information. The proceeds of the offenses were traced, which resulted in the discovery of the following forfeitable assets: a 2019 Land Rover Range Rover Supercharged; a 2019 Dodge Durango SUV; a 2018 Polaris RZR XP4 1000 EPS; a 2019 Can-Am Outlander 450; a 2019 Sea-Doo RXT-X 300 W; a 2019 Sea-Doo RXT-X 300 W; and a 2019 Karavan Sea-Doo Move.
On Nov. 18, 2020, Henslee was charged in a ten-count superseding indictment with one count of conspiracy to unlawfully transfer, possess, and use a means of identification, and nine counts of unlawfully transferring, possessing, and using a means of identification. Henslee was also charged in a separate superseding indictment along with Steven Churchill, 34, of Boca Raton, Florida, Samson Solomon, 23, of West Palm Beach, Florida, David Warren, 49, of Boca Raton, Florida, and Daniel Stadtman, 67, of Allen, Texas, with one count of conspiracy to commit illegal remunerations.
According to the superseding indictment, the defendants are alleged to have conspired to pay and receive kickbacks in exchange for orders from physicians that were subsequently used to obtain payments from federal health care programs. The conspirators obtained patient information, including protected health information and personally identifiable information, and used the information to create fictitious physician orders. The conspirators then sold the physicians’ orders to each other and to other DME providers. Within approximately eight months, the defendants collectively obtained more than $2.9 million in proceeds from the criminal scheme.
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by federally funded programs, including Medicare, Medicaid, and TRICARE.
Under federal statutes, Henslee faces up to 15 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office. Henslee has agreed to forfeit $253,520.00.
This case was investigated by the U.S. Department of Health and Human Services, Office of Inspector General, U.S. Department of the Treasury, Internal Revenue Service, Criminal Investigation, and the U.S. Department of Defense, Office of Inspector General, Defense Criminal Investigative Service. It is being prosecuted by Assistant U.S. Attorneys Nathaniel C. Kummerfeld and Adrian Garcia and Special Assistant U.S. Attorney Bethany R. Pickett.
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North Carolina Man Charged with 2016 Cyber Attack Affecting Internet Users in PlattsburghRead the Press Release
ALBANY, NEW YORK – Thomas A. Johnson, age 24, of Boone, North Carolina, has been charged with perpetrating a March 2016 distributed denial of service (“DDOS”) attack that disrupted internet access for thousands of Plattsburgh-area internet customers.
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).
DDOS attacks target websites and online services. The attacker causes the targeted server or network to be overwhelmed by more internet traffic than the server or network can typically accommodate, which renders the affected server or network inoperable for a period of time until service can be restored. The charges in the information are merely accusations. The defendant is presumed innocent unless and until proven guilty.
Johnson is charged with intentionally causing damage to a protected computer, a misdemeanor. The offense carries a maximum penalty of 1 year in jail, as well as a fine of up to $100,000, and a term of supervised release of up to a year. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
Johnson was arraigned today in Albany before United States Magistrate Judge Daniel J. Stewart. He was ordered released pending further proceedings.
This case is being investigated by the FBI and is being prosecuted by Assistant U.S. Attorney Emily C. Powers.
Nine Essex County Individuals Charged with Conspiracy to Distribute NarcoticsRead the Press Release
NEWARK, N.J. – Nine Newark residents were charged for their roles in conspiracies to distribute and possess with intent to distribute narcotics, Acting U.S. Attorney Rachael A. Honig announced today.
Robert Covington, aka “Nachie,” 55; Korey Smith, aka “Murda,” 36: Jeffrey Workman, aka “Rah,” 53; Yvonne Jackson, 49; Carlos Stokes, aka “Ab,” 54; Karen Gamble, 50; and Alaa Covington, 21, are charged by criminal complaint with conspiracy to distribute and possess with intent to distribute at least 40 grams of fentanyl. Robert Covington, Workman, Williamson, Stokes, and Gamble are also charged with conspiracy to distribute and possess with intent to distribute cocaine. Smith is additionally charged, along with Leroy Baxter III, 55, and William Lane, 57, with conspiracy to distribute and possess with intent to distribute heroin. Eight of the defendants are expected to appear this afternoon by videoconference before U.S. Magistrate Judge Cathy L. Waldor. Stokes remains at large.
According to the documents filed in this case and statements made in court:
From August 2020 through March 2021, multiple individuals were involved in selling fentanyl and cocaine in an open-air narcotics market in Bradley Court Housing Complex in Newark. These individuals comprise at least two separate drug-trafficking organizations (DTOs), which have overlapping membership.
DTO-1 involved individuals engaged in the distribution of fentanyl and included Robert Covington, Smith, Williamson, Gamble, Workman, Stokes, and Alla Covington. DTO-2 involved individuals engaged in the distribution of cocaine and included Robert Covington, Williamson, Gamble, Workman, and Stokes.
The investigation revealed that Robert Covington was one of the leaders and organizers of DTO-1’s and DTO-2’s distribution of fentanyl and cocaine in or around Bradley Court. Covington purchased powder cocaine and fentanyl from various sources, including Smith; “cooked” powder cocaine into crack cocaine or directed others to do so; used various “stash houses” to store and distribute fentanyl and cocaine and to store narcotics proceeds; and employed multiple drug dealers, including Workman, Williamson, Stokes, and Alaa Covington, among others, to distribute fentanyl and cocaine to the area surrounding Bradley Court.
Smith – the fentanyl supplier for DTO-1 – was also engaged in distributing heroin in and around his residence on Fairmount Avenue in Newark from at least January 2021 to the present, along with Baxter, Lane, and others.
The conspiracy to distribute and possess with intent to distribute fentanyl charge carries a mandatory minimum sentence of five years in prison, a maximum sentence of 40 years in prison, and a $5 million fine. The heroin and cocaine conspiracy charges each have a maximum sentence of 20 years in prison and a $1 million fine.
Acting U.S. Attorney Honig credited special agents of the FBI, under the direction of Acting Special Agent in Charge George M. Crouch Jr. in Newark, with the investigation leading to the charges. She also thanked the Newark Police Department, the Essex County Sheriff's Office and the Bloomfield Police Department for their assistance in the investigation.
This case is part of the Violent Crime Initiative (VCI), which was formed in August 2017 by the U.S. Attorney’s Office for the District of New Jersey, the Essex County Prosecutor’s Office, and the City of Newark’s Department of Public Safety for the purpose of combatting violent crime in and around Newark. As part of this partnership, federal, state, county, and city agencies collaborate and pool resources to prosecute violent offenders who endanger the safety of the community. The VCI is composed of the U.S. Attorney’s Office, the FBI, the ATF, the DEA, the U.S. Marshals, the Newark Department of Public Safety, the Essex County Prosecutor’s Office, the Essex County Sheriff’s Office, N.J. State Parole, Union County Jail, N.J. State Police Regional Operations and Intelligence Center/Real Time Crime Center, N.J. Department of Corrections, the East Orange Police Department, and the Irvington Police Department.
The government is represented by Assistant U.S. Attorney Emma Spiro of the United States Attorney’s Office, Opioid Abuse Prevention and Enforcement Unit in Newark.
The charges and allegations in the complaint are merely accusations, and the defendants are presumed innocent unless and until proven guilty.
Nigerian National in Collin County Sentenced for Multimillion-Dollar Fraud and Money Laundering Scheme Which Victimized Senior Citizens, School Districts, and CharitiesRead the Press Release
SHERMAN, Texas – A Nigerian national based in Plano, Texas has been sentenced to federal prison for violations related to a bank fraud and money laundering conspiracy in the Eastern District of Texas, announced Acting U.S. Attorney Nicholas J. Ganjei today.
Babatope Joseph Aderinoye, 30, was convicted by a jury on Oct. 14, 2020, of conspiracy to commit bank fraud, wire fraud, and money laundering; wire fraud; aggravated identity theft; and mail fraud. Aderinoye was sentenced to 408 months in federal prison today by U.S. District Judge Amos Mazzant. Aderinoye was also ordered to pay restitution in the amount of $1,919,526.13.
“The types of fraud committed by Mr. Aderinoye and his co-conspirators not only have lasting ramifications for the affected victims, but also threaten the integrity of our country’s financial systems,” said Acting U.S. Attorney Nicholas J. Ganjei. “While today’s sentence is a decisive victory for the victims of Mr. Aderinoye and his co-conspirators, the overall fight against cyber fraud continues. EDTX will do everything in its power to bring other cyber criminals to justice, and to recover ill-gotten gains for those victimized.”
“The defendant defrauded senior citizens, a school district, and a non-profit aimed at helping the families of the terminally-ill. The money stolen was needed for critical services, basic everyday necessities, and retirement,” said FBI Dallas Special Agent in Charge Matthew DeSarno. “Business Email Compromise is a financially devastating scam that targets both businesses and individuals. The FBI is committed to holding cyber criminals accountable for the harm they do to everyday citizens and our financial institutions.”
According to information presented in court, Aderinoye would obtain fake passports in the names of others. He would then use those fraudulent passports and the identifying information of others to establish false business entities and fraudulent bank accounts. To this date, 13 individual aliases, 12 business aliases, and over 40 fraudulent bank accounts have been tied to Aderinoye, and there is evidence to suggest more aliases exist. Once Aderinoye would open the fraudulent bank accounts, co-conspirators would engage in various business email compromise scams and telephone compromise scams to defraud individuals and businesses out of money. In these scams, co-conspirators would pose as a known individual and direct the targeted victims to wire or send funds to Aderinoye or the fraudulent accounts Aderinoye had set up. Once the ill-gotten money posted in Aderinoye’s fraudulent accounts, he would immediately withdraw the funds, transfer the monies to other fraudulent accounts, or wire them internationally to a bank account he had set up in Nigeria. The illicit proceeds were used to pay off co-conspirators and further fund their fraudulent schemes. From June 2018 through September 2019, over $6.7 million was deposited into alias accounts of Aderinoye, with almost all of those funds being withdrawn or wired internationally. The victims of the BEC scams included school districts such as Community ISD, Project 4031, a non-profit organization that helps families of the terminally ill, an individual whose identity was used to drain his retirement account, and an elderly man who had over $352,000 stolen from his investment account. The investigation is ongoing, as co-conspirators and victims continue to be identified.
This case was investigated by the Federal Bureau of Investigation’s Dallas Financial Crimes Task Force, which includes FBI agents and members of the Fort Worth Police Department. This case was prosecuted by Assistant U.S. Attorneys Wes Wynne and Will Tatum.
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New Haven Man Sentenced to More Than 7 Years in Federal Prison for Gun Possession OffensesRead the Press Release
Leonard C Boyle, Acting United States Attorney for the District of Connecticut, announced that VASHUN LEWIS, also known as “V-Love,” 45, of New Haven, was sentenced today by U.S. District Judge Janet C. Hall to 90 months of imprisonment, followed by five years of supervised release, for firearm possession offenses.
Pursuant to the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the sentencing occurred via videoconference.
According to court documents and the evidence presented during Lewis’ trial last year, in 2017, the New Haven Police Department received information that Lewis was engaged in an illegal cigarette trafficking operation, was selling marijuana and heroin, and was known to possess a handgun. Prior to 2017, Lewis had been convicted of state robbery, assault, drug, weapon and racketeering offenses. Lewis was arrested on June 1, 2017, after a court-authorized search of his residence revealed a 9mm semiautomatic handgun, more than 100 grams of marijuana, approximately 13 grams of heroin packaged for distribution, items used to process and package drugs for street sale, and more than 50 cartons of cigarettes. Investigators also seized approximately 500 grams of cocaine from a car connected to Lewis that was parked outside of his residence.
On March 5, 2020, the jury found Lewis guilty of one count of possession of a firearm by a convicted felon, and one count of possession of a firearm in furtherance of a drug trafficking crime.
Lewis has been detained since November 2017.
This investigation was conducted by the New Haven Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The case was prosecuted by Assistant U.S. Attorneys Margaret M. Donovan and Jocelyn Courtney Kaoutzanis.
This prosecution has been brought through Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make neighborhoods safer for everyone.
Moreno Valley Man Pleads Guilty to Federal Robbery Charges for Month-Long Pharmacy Crime Spree in Inland EmpireRead the Press Release
RIVERSIDE, California – A Riverside County man pleaded guilty today to federal criminal charges that he engaged in a month-long robbery spree of pharmacies in the Inland Empire while wearing a medical mask over his face.
David Anthony Battle, 51, of Moreno Valley, pleaded guilty to six felony counts of interference with commerce by robbery (Hobbs Act robbery).
According to his plea agreement, from July 6, 2020 to August 10, 2020, Battle robbed six pharmacies – Walgreens, CVS, and Rite Aid – in Moreno Valley, Colton, and San Bernardino, and attempted to rob two other Moreno Valley pharmacies.
During each incident, Battle wore similar clothing – including wearing medical masks covering his nose and mouth – and used a similar method of brandishing what appeared to be a handgun by pulling it out from his waistband and holding it at his side, according to an affidavit filed with a criminal complaint in this case. He then demanded that money in the cash register be placed in a bag and handed over, the plea agreement states.
Law enforcement reviewed store surveillance videos, which led them to arrest Battle, court documents state. During Battle’s arrest, a black BB-gun-style pistol was found on the ground near him, the affidavit states.
Battle netted $5,453 in illicit gains from the robberies, though $3,200 of that came from the July 6 robbery of a Walgreens store in Moreno Valley, according to the plea agreement.
United States District Judge Jesus G. Bernal has scheduled a June 14 sentencing hearing, at which time Battle will face a statutory maximum sentence of 20 years in federal prison for each Hobbs Act robbery count.
The FBI, the Riverside County Sheriff’s Department, the San Bernardino Police Department, and the Colton Police Department investigated this matter.
Assistant United States Attorney Peter H. Dahlquist of the Riverside Branch Office is prosecuting this case.
Monmouth County Woman Admits Filing False Tax ReturnsRead the Press Release
TRENTON, N.J. – A Monmouth County, New Jersey, woman today admitted that she underreported income on her personal tax return, Acting U.S. Attorney Rachael A. Honig announced.
Kathy Manna, 58, of Atlantic Highlands, New Jersey, and formerly of Lavallette, New Jersey, pleaded guilty by videoconference before U.S. District Judge Michael A. Shipp to an information charging her with one count of making and subscribing a false tax return.
According to documents filed in the case and statements made in court:
Manna operated Manna Construction Group, a business headquartered in Lavallette, that provided landscaping and construction services in New Jersey and elsewhere. She admitted that for tax years 2010, 2011, 2012, and 2013, she underreported the gross receipts or sales of Manna Construction Group on Schedule C of her personal tax return. Under the terms of her plea agreement, the government alleges that the total tax loss was $124,480.
The count of making and subscribing a false tax return carries a maximum potential penalty of three years in prison and $250,000 fine, or twice the gross gain or loss from the offense. Sentencing is scheduled for July 28, 2021.
Acting U.S. Attorney Honig credited special agents of the IRS, under the direction of Special Agent in Charge Michael Montanez, with the investigation leading to today’s guilty plea. She also thanked the Ocean County Prosecutor’s Office, under the direction of Prosecutor Bradley D. Billhimer, and the Lavallette Police Department, under the direction of Chief Colin M. Grant.
The government is represented by Assistant U.S. Attorney Jennifer Kozar of the U.S. Attorney’s Office Economic Crimes Unit.
Minden Tax Preparer Indicted on Tax Fraud ChargesRead the Press Release
SHREVEPORT, La. – A federal grand jury in Shreveport has returned an indictment charging Deborah Cooksey, 56, of Minden, Louisiana, with filing false tax returns, Acting United States Attorney Alexander C. Van Hook announced.
Cooksey is the owner and operator of Cooksey’s Tax and Notary Services, LLC, in Minden, Louisiana, with her primary business being the preparation and electronic filing of individual income tax returns. The indictment charges Cooksey with two counts of making and subscribing a false tax return. It is alleged in the indictment that on two occasions, on or about April 15, 2015 and February 11, 2016, Cooksey created and filed her U.S. Individual Income Tax Returns, Form 1040, for calendar years 2013 and 2014.
The indictment alleges that Cooksey’s federal income tax return for calendar year 2013 reported gross receipts and sales in the amount of $522,662 from her tax preparation services business for the calendar year 2013, when in fact she knew and believed that the gross sales and receipts for the calendar year 2013 were substantially higher than the amount reported.
It is further alleged in the indictment that Cooksey’s federal income tax return for calendar year 2014 reported gross receipts and sales in the amount of $459,361 from her tax preparation services business for the calendar year 2014, when in fact she knew and believed that the gross sales and receipts for the calendar year 2014 were substantially higher than the amount reported.
An indictment is merely an accusation and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt.
The Internal Revenue Service is conducting the investigation and Assistant U.S. Attorney Mary J. Mudrick is prosecuting the case.
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Michigan Businessman Charged with Tax Evasion Among Other OffensesRead the Press Release
A federal grand jury in Detroit, Michigan, returned an indictment yesterday charging a Bloomfield Hills businessman with tax evasion, attempting to obstruct the internal revenue laws, making a false statement, and willful failure to file his own individual income tax return.
According to the indictment, Ryan Richmond owned and operated Relief Choices LLC, a medical marijuana dispensary in Warren. The indictment alleges that from 2011 through at least 2014, Richmond caused Relief Choices to make extensive use of cash to pay business operating expenses and routed customer business credit card payments through an unrelated third-party bank account to conceal his actual business gross receipts from the IRS. In 2015 and 2016, Richmond allegedly made false statements about his control of, profit from, and work responsibilities for Relief Choices to an IRS auditor.
If convicted, Richmond faces a statutory maximum sentence of five years in prison for each count of tax evasion and false statements, three years in prison for the obstruction of the IRS count, and a maximum sentence of one year in prison for the failure to file a tax return count. Richmond also faces a period of supervised release, restitution, and monetary penalties. 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 Saima S. Moshin for the Eastern District of Michigan made the announcement.
The IRS-Criminal Investigation is investigating the case.
Trial Attorneys Mark McDonald and Sean Green of the Tax Division 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.
Merrimack Man Sentenced to 24 Months for Fentanyl TraffickingRead the Press Release
CONCORD - Nicholas Snow, 26, of Merrimack, was sentenced to 24 months in federal prison for possession of fentanyl with intent to distribute, Acting United States Attorney John J. Farley announced today.
According to court documents and statements made in court, on February 1, 2020, Hudson patrol officers stopped a car in which Snow was a passenger. Both the driver and Snow had suspended licenses. An officer later determined that Snow was in possession of a pouch containing fentanyl, a scale, packaging materials, and $655 in cash. In his post-arrest interview, Snow admitted to drug distribution activities in Hudson. Snow’s cell phone also revealed communications about drug deals.
Snow previously pleaded guilty on December 14, 2020.
“Fentanyl traffickers are endangering our citizens by selling a potentially-lethal substance,” said Acting U.S. Attorney Farley. “In order to combat this menace, we are working closely with our law enforcement partners to identify and prosecute the drug dealers who are distributing fentanyl in the Granite State.”
This matter was investigated by the Hudson Police Department. The case was prosecuted by Assistant U.S. Attorney Joachim H. Barth.
This case is part of Operation Synthetic Opioid Surge (S.O.S.). In July of 2018, Attorney General Jeff Sessions announced the creation of S.O.S., which is being implemented in the District of New Hampshire and nine other federal districts. The goal of S.O.S. is to combat the large number of overdoses and deaths associated with fentanyl and other synthetic opioids. In New Hampshire, the U.S. Attorney’s Office is focusing its efforts on prosecuting synthetic opioid trafficking cases arising in Hillsborough County, which includes Manchester and Nashua.
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Maryland man indicted on drug and firearms chargesRead the Press Release
MARTINSBURG, WEST VIRGINIA – Antonio Cortez Darden, of Maugansville, Maryland, appeared today before a federal magistrate judge on drug and firearms charges after being indicted last week, Acting United States Attorney Randolph J. Bernard announced.
Darden, 43, was indicted on one count of “Possession with Intent to Distribute Cocaine Hydrochloride” and one count of “Unlawful Possession of a Firearm.” Darden is accused of having cocaine hydrochloride in September 2019 in Berkeley County. Darden, a person prohibited from having a firearm because of prior convictions, is accused of having a .45mm pistol in September 2019 in Berkeley County.
Darden faces up to 20 years of incarceration and a fine of up to $1,000,000 for the drug charge. He faces up to 10 years of incarceration and a fine of up to $250,000 for the firearms charge. 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 Eleanor F. Hurney is prosecuting the case on behalf of the government. The Eastern Panhandle Drug Task Force, a HIDTA-funded initiative, and the Berkeley County Sheriff’s Office investigated.
An indictment is merely an accusation. A defendant is presumed innocent unless and until proven guilty.
U.S. Magistrate Judge Robert W. Trumble presided.
Mansfield Man Sentenced to Federal Prison for Criminal ContemptRead the Press Release
A Mansfield man will be spending time behind bars for criminal contempt, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Larry Reynolds, 61, pleaded guilty to criminal contempt in February 2021. He was sentenced yesterday to six months in federal prison by U.S. District Judge Jane J. Boyle.
According to court documents, Mr. Reynolds, the former owner and general manager of Mansfield Boat and RV Storage, filed for Chapter 11 bankruptcy in December 2018. The U.S. Bankruptcy Court limited Mr. Reynolds use of cash and collateral and prohibited his business from making payments or reimbursements to himself.
In April 2019, Mr. Reynolds testified that he had withdrawn money from the Mansfield Boat and RV Storage bank account totaling $96,306 to pay for personal items including payments towards his home mortgage. At a subsequent hearing, Mr. Reynolds admitted to transferring and additional $45,000 from the Mansfield Boat and RV Storage bank account against the direction of the Court.
During the course of the bankruptcy proceedings, Mr. Reynolds was found in civil contempt seven times for failing the repay approximately $140,000 in funds that he misappropriated from his business’ bankruptcy estate without court authorization, failing to appear at a scheduled hearing, and failing to comply with accounting and information request by the Court.
In July 2020, the U.S. Bankruptcy Court for the Northern District of Texas referred the case to the United States Attorney’s Office for criminal contempt prosecution against Mr. Reynolds.
The FBI Dallas Field Office conducted the investigation. Assistant U.S. Attorney Shane Read prosecuted the case.
Man ordered to prison for transporting meth welded inside tiresRead the Press Release
BROWNSVILLE, Texas – A 68-year-old Mexican man has been sentenced after trying to cross the border with over 60 kilograms of meth, announced Acting U.S. Attorney Jennifer B. Lowery.
Benjamin Garcia-Alcantar, Morelia, Michoacan, Mexico, pleaded guilty Oct. 22, 2020, to possession with intent to distribute meth.
Today, U.S. District Judge Fernando Rodriguez Jr. handed him a 120-month sentence to be immediately followed by four years of supervised release. In handing down the sentence, the court noted Garcia-Alcantar’s age and lack of criminal history.
On May 16, 2020, Garcia-Alcantar had attempted to make entry into the United States via the Veteran’s International Bridge driving a 2007 GMC Sierra. The truck had a business decal displaying an American flag with both a Matamoros, Mexico, and Mission address. Garcia-Alantar claimed he had a business called “Good Been-Second-hand articles” and was bringing in an 8-foot medieval knight armor statue for resale. He added that he had been selling the medieval knights in Mission.
Authorities recalled a similar knight on a bed of a truck that had crossed on a previous occasion and sent him for further inspection. At secondary, law enforcement found 24 bundles enclosed in metal containers. They had been welded into the interior of the vehicle’s tires.
Authorities had to call a hazardous materials team to extract the narcotics.
The bundles held 62.44 kilograms of meth with an estimated street value of more than $1.8 million in Texas.
Garcia-Alcantar will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Immigration Customs Enforcement conducted the investigation with the assistance of Customs Border Protection. Assistant U.S. Attorney Elena Llanos-Salinas prosecuted the case.
Man Pleads Guilty to Embezzlement from Pentagon Law Enforcement UnionRead the Press Release
ALEXANDRIA, Va. – A Quantico man pleaded guilty today to wire fraud in connection with a scheme to embezzle over $380,000 from his former union, which represented federal law enforcement officers at the Pentagon.
“The defendant routinely embezzled money that belonged to a federal law enforcement union to fund his personal expenditures while vacationing in the Dominican Republic and to pay for his personal gambling at a casino,” said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia. “EDVA will continue to hold accountable those who steal and siphon off critical funds from our law enforcement partners.”
According to court documents, Arthur Penn, 64, served from 1999 through 2015 as the Chairman of the Fraternal Order of Police Defense Protective Service Labor Committee Pentagon, a local union that represented officers of the Pentagon Force Protection Agency. During his tenure, Penn routinely embezzled funds from the Union for his personal benefit, and spent the stolen funds on gambling, to pay for a personal trip to the Dominican Republic, and for his day-to-day living expenses.
“As alleged, for years Arthur Penn stole money from funds intended to benefit his fellow law enforcement colleagues and used the money for his own personal benefit and entertainment,” said James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division. “The FBI and our partners are dedicated to rooting out this type of opportunistic corruption and fraud, and ensuring those who commit these crimes are brought to justice.”
Penn sought to conceal and prevent the detection of his embezzlement by failing to make regular reports to Union members, by violating his obligation to file regular financial reports with the Department of Labor’s Office of Labor-Management Standards, and by siphoning off most of the embezzled funds through cash transactions, thereby avoiding the creation of financial records that would have revealed the fraud.
Penn is scheduled to be sentenced on July 2. He faces a maximum penalty of 20 years in prison. 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; Mark Wheeler, District Director, Washington District Office, U.S. Department of Labor, Office of Labor-Management Standards; and James A. Dawson, Special Agent in Charge of the FBI’s Washington Field Office Criminal Division, made the announcement after Senior U.S. District Judge T.S. Ellis, III accepted the plea.
Assistant U.S. Attorneys Matthew Burke and Christopher Hood 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. 1:20-cr-251.
Man Pleads Guilty for Killing a Sand Springs Woman in a Drunk Driving CollisionRead the Press Release
A drunk driver who killed a woman in a 2019 collision pleaded guilty today to second degree murder in Indian Country, announced Acting U.S. Attorney Clint Johnson.
Hector Manuel Hernandez, 36, of Tulsa, admitted that he rear-ended a car while driving on South Garnett Road, and as he fled the first accident, hit the victim’s automobile head on. Jennifer Holt died from injuries sustained in the collision. Hernandez had a blood alcohol level of .250. He was previously convicted for DUI in Rogers County in 2007.
“Hector Hernandez made a series of incredibly selfish choices on Nov. 26, 2019. He drove with a blood alcohol level three times the legal limit, erratically sped away after causing one accident, then crossed the center line and took Jennifer Holt’s life,” said Acting U.S. Attorney Clint Johnson. “I appreciate the work of Assistant U.S. Attorney Justin Bish who secured today’s conviction for Jennifer and her family. Hernandez is scheduled to be sentenced on June 29.”
The Broken Arrow Police Department, FBI and Oklahoma State Bureau of Investigation conducted the investigation. Assistant U.S. Attorney Justin Bish is prosecuting the case. AUSA Bish is from the Western District of New York. He volunteered to assist prosecution efforts here in the Northern District of Oklahoma due to increased jurisdictional responsibilities regarding crimes involving Native American victims or defendants and that occur within the Muscogee (Creek) Nation and Cherokee Nation Reservations.
Longview Man Sentenced to More Than 30 Years in Federal Prison for Enticement of 10-Year-Old GirlRead the Press Release
A Longview man was sentenced today to more than 30 years in federal prison for attempted enticement of a child, announced Acting U.S. Attorney for the Northern District of Texas Prerak Shah.
Keith Lee Merchant – a 41-year-old man who was previously convicted in 2004 on state charges of sexually exploiting children – pleaded guilty to one count of attempted enticement of a child in October. He was sentenced today to 365 months in federal prison by U.S. District Judge Jane J. Boyle.
According to court documents, a federal agent acting in an undercover capacity responded to an online advertisement on a social media website entitled, “Taboo Family Fun – M4F 37 (Near You).” Within minutes, Mr. Merchant, the creator of the ad, replied to the undercover agent and initiated a three-week long, sexually explicit dialog via social media and Kik, a messaging app popular among teenagers.
During the communications, Mr. Merchant informed the undercover agent that he previously had sexual relations with young girls and that he was willing to have sexual relations with the undercover officer’s 10-year old daughter. Mr. Merchant expressed his desire to travel from his home in Longview to meet the 10-year-old girl and spend the night with her. He also promised to bring the young girl lingerie stating “got little miss a gift… I hope she likes purple.”
On March 23, 2018, Mr. Merchant traveled from his home in Longview to an apartment complex in Garland where he believed he was meeting the mother her daughter. When Mr. Merchant arrived at the apartment, FBI agents and Garland police officers were at the location and he was taken into custody. Inside his pickup truck, law enforcement located an overnight bag, a pink stuffed animal, a box of candy, and purple lingerie.
When questioned by law enforcement, Mr. Merchant admitted to posting the advertisement, “Taboo Family Fun” and agreed that the term “taboo” meant “underage.” Law enforcement forensically searched Mr. Merchant’s cell phone revealing his web history, internet searches, and bookmarks, all showing his interest in sexually exploiting children.
The FBI Dallas Field Office and the Garland Police Department conducted the investigation. Assistant U.S. Attorney Camille Sparks prosecuted the case.
This case was brought as part of Project Safe Childhood, a Justice Department initiative designed to combat the growing epidemic of child sexual exploitation and abuse nationwide. The initiative pools 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.
Lawrence Man Pleads Guilty to Heroin and Oxycodone OffensesRead the Press Release
BOSTON – A Lawrence man pleaded guilty yesterday in federal court in Boston to distributing heroin and possessing oxycodone in 2019.
William Cabrera, 32, pleaded guilty to one count of distribution of and possession with intent to distribute heroin and one count of possession with intent to distribute heroin and oxycodone. U.S. District Court Judge Indira Talwani scheduled sentencing for July 23, 2021.
On June 27, 2019, Cabrera was arrested after selling 10 grams of heroin. During a search of his residence, law enforcement recovered additional heroin, oxycodone, drug paraphernalia, a firearm and over $16,000 in cash.
In Sept. 2019, Cabrera was indicted as part of a coordinated enforcement operation in the Merrimack Valley dubbed “Devil’s Highway.” The operation targeted the distribution of opioids, including fentanyl and heroin, and resulted in charges against a total of 40 people for federal drug offenses, with at least a dozen more individuals facing state charges.
The charges of distribution of and possession with intent to distribute heroin and possession with intent to distribute heroin and oxycodone each carry a sentence of up to 20 years in prison, at least three years of supervised release and a fine of up to $1 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting United States Attorney Nathanial R. Mendell and Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division made the announcement. Valuable assistance was provided by the Drug Enforcement Administration, the Massachusetts State Police, the Lawrence Police Department and the North Andover Police Department. Assistant United States Attorney Eve A. Piemonte of Mendell’s office is prosecuting the case.
The details contained in the charging documents are allegations. The remaining defendants are presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Laurel woman sentenced for lying to get Social Security Administration benefitsRead the Press Release
BILLINGS – A Laurel woman who admitted lying to receive federal benefits to which she was not entitled was sentenced today to three years of probation and ordered to pay $325,870 restitution, Acting U.S. Attorney Leif Johnson said.
Tanya Smith, 45, pleaded guilty on Oct. 1, 2020 to theft of government property.
U.S. District Judge Susan P. Watters presided.
“Persons who lie to receive Social Security Administration and health care benefits at the expense of those who qualify for assistance will be fully investigated and prosecuted,” Acting U.S. Attorney Leif Johnson said.
“Supplemental Security Income is a needs-based safety net for the most vulnerable among us, and my office will aggressively pursue those who abuse it for personal gain,” said Gail S. Ennis, Inspector General for the Social Security Administration. “I want to thank the U.S. Attorney’s Office for its support of our investigation and its efforts to recover these taxpayer funds.”
In court documents filed by the government, prosecutors alleged that from about 2002 until 2019, Smith made misrepresentations about her living situation, marital status and income to the Social Security Administration to receive benefits. The misrepresentations resulted in Smith receiving $130,018 in Supplemental Security Income (SSI) and $195,852 in Medicaid benefits, for a total of $325,870, to which she otherwise was not entitled to receive. Smith began receiving SSI benefits in 1987 and then married in 2002. In 2004, Smith corrected her living situation with SSA, noting that she was married and living with her husband, making her ineligible to receive SSI benefits. About two months later, Smith falsely reported she had separated from her husband and was no longer living with him. Smith continued to make this false claim for the next 15 years. Smith admitted to law enforcement to concealing her living arrangement to secure government benefits.
Assistant U.S. Attorneys Bryan Dake and Karla Painter prosecuted the case, which was investigated by the Social Security Administration Office of the Inspector General.
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Laredo man sentenced for attempting to export 20,000 rounds of ammoRead the Press Release
LAREDO, Texas – A 48-year-old Laredoan has been ordered to federal prison for attempting to illegally export firearms and ammunition to Mexico, announced Acting U.S. Attorney Jennifer B. Lowery.
Juan Antonio Cepeda pleaded guilty Jan. 4.
Today, U.S. District Judge Diana Saldana ordered Cepeda to serve a 41-month sentence to be immediately followed by three years of supervised release. In handing down the sentence, Judge Saldana noted Cepeda had a lengthy criminal history and a long struggle with drug addiction.
On Sept. 14, 2020, Cepeda was traveling on Interstate Highway 35, when authorities conducted a traffic stop on his vehicle. Inside, they found 14 firearms and over 20,000 rounds of ammunition.
Cepeda admitted to knowingly attempting to export ammunition to Mexico for the promise of $2,000 payment.
Cepeda has been and will remain in custody pending transfer to a U.S. Bureau of Prisons facility to be determined in the near future.
Homeland Security Investigations and the Bureau of Alcohol, Tobacco, Firearms and Explosives jointly conducted the investigation with the Texas Department of Public Safety and Laredo Police Department. Assistant U.S. Attorney Francisco J. Rodriguez prosecuted the case.
Lackawanna County Man Pleads Guilty to Drug TraffickingRead the Press Release
SCRANTON - The United States Attorney’s Office for the Middle District of Pennsylvania announced that Jean Quinones, age 26, of Scranton, Pennsylvania, pleaded guilty on March 24, 2021, before U.S. District Court Judge Malacy E. Mannion to attempt to possess with intent to distribute in excess of 500 grams of cocaine.
According to Acting United States Attorney Bruce D. Brandler, the charge stems from an investigation in which Customs and Border Patrol agents intercepted a package which had been mailed from the Virgin Islands to Scranton. The package was found to contain a kilogram of cocaine. Homeland Security agents and U.S. Postal Inspectors arrested Quinones shortly after he picked up the package at a post office in Scranton.
Judge Mannion ordered that a presentence investigation take place. Sentencing will be scheduled at a later date.
The investigation was conducted by the Homeland Security Investigations, the United States Postal Inspection Service, the United States Customs and Border Patrol, and the Scranton Police Department. Assistant United States Attorney Robert J. O’Hara is prosecuting the case.
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.
Under federal law, the drug trafficking offense carries a mandatory minimum sentence of five years in prison, up to a maximum sentence of forty years in prison, 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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Justice Department Settles Sexual Harassment Lawsuit Against Cumberland County, Tennessee for $1.1 MillionRead the Press Release
WASHINGTON – The Justice Department announced today that it has reached a settlement with Cumberland County, Tennessee, to resolve allegations that the county discriminated against ten female employees because of their sex in violation of Title VII of the Civil Rights Act of 1964.
Title VII is a federal statute that prohibits employment discrimination on the basis of race, sex, color, national origin and religion. Under the terms of the settlement, which still must be approved by the court in the form of a consent decree, Cumberland County will pay approximately $1.1 million in compensatory damages to ten women whom the United States alleged were sexually harassed by the former director of the county’s Solid Waste Department. Cumberland County will also revise its policies, procedures, and training to better prevent sexual harassment in the workplace.
“Today’s resolution, through settlement, will bring some measure of closure and vindication to the vulnerable women who were victimized by the egregious and abusive behavior in this case,” said Pamela S. Karlan, Principal Deputy Assistant Attorney General of the Civil Rights Division. “Sexual harassment must not be tolerated in the workplace, and we remain committed to eliminating it root and branch through our vigorous enforcement of Title VII.”
“No individual should have to endure the unwanted sexual advances of another, especially from someone who wields a position of authority over another as alleged here,” said Acting U.S. Attorney Mary Jane Stewart for the Middle District of Tennessee. “We will seek all available remedies to address such unwanted and unlawful conduct and will continue to protect the civil rights of all of our citizens. They deserve nothing less.”
“State and local governments are among our largest employers. It is important that they understand that the federal anti-discrimination laws also apply to them,” said Delner Franklin-Thomas, District Director of the Memphis District of the Equal Employment Opportunity Commission (EEOC). “The egregious sexual harassment that these women were subjected to contravenes Title VII. The EEOC will continue to collaborate with the Justice Department to ensure the protection of our workers in governmental workplaces.”
The Justice Department’s complaint, filed March 8, in the U.S. District Court for the Middle District of Tennessee, alleged, among other things, that Cumberland County failed to take adequate precautions to prevent the former director of the county’s Solid Waste Department from sexually harassing the women. According to the complaint, the former director regularly subjected the women, who all worked for him, to unwanted sexual contact, including kissing and groping; unwelcome sexual advances, including propositioning the women for sexual favors; and offensive sexual remarks about their bodies and sex acts. The former director has been indicted on criminal charges and is awaiting trial in state court.
Four of the women had filed charges of discrimination with the EEOC. The EEOC’s Nashville Area Office, in its Memphis District, investigated the charges and found reasonable cause to believe Cumberland County discriminated against the four women and other similarly situated employees. After unsuccessful conciliation efforts, the EEOC referred the charges to the Justice Department’s Civil Rights Division. The Justice Department brought this lawsuit as part of a joint effort to enhance collaboration between the Department and the EEOC in the vigorous enforcement of Title VII.
This lawsuit is part of the Civil Rights Division’s Sexual Harassment in the Workplace Initiative, which is aimed at eradicating sexual harassment in state and local government workplaces. It focuses on litigation, outreach and development of effective remedial measures to address and prevent future sex discrimination and harassment.
This lawsuit was handled by Trial Attorneys Jen Swedish and Julia Quinn of the Civil Rights Division’s Employment Litigation Section and by Assistant U.S. Attorney Kara Sweet of the U.S. Attorney’s Office for the Middle District of Tennessee.
The full and fair enforcement of Title VII is a top priority of the Employment Litigation Section of the Civil Rights Division. Additional information about the Civil Rights Division and the jurisdiction of the Employment Litigation Section is available on its websites at www.justice.gov/crt/ and https://www.justice.gov/crt/employment-litigation-section.
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Judge sentences St. Louis man for his role in drug-trafficking ringRead the Press Release
ST. LOUIS – United States District Judge Ronnie L. White sentenced Sherod Tucker to 80 months in prison today. The 32-year-old St. Louis, Missouri resident pleaded guilty to conspiracy to distribute and possession with the intent to distribute fentanyl.
Beginning in 2016, the Drug Enforcement Administration and St. Louis County Police Department were actively investigating the distribution of large quantities of fentanyl and crystal methamphetamine in the St. Louis Metropolitan Area. Tucker conspired with members of the conspiracy to distribute and possession with intent to distribute in excess of 400 grams of fentanyl.
At the height of the conspiracy, nine co-conspirators were involved and would distribute more than 20,000 doses of fentanyl per week. Distribution occurred through the use of "runners" to include Tucker.
On January 31 and on August 9, 2018 Tucker sold fentanyl to a cooperating source working on behalf of the DEA. Tucker also assisted members of the conspiracy by cutting up the raw fentanyl with Dormin, before the drugs were pressed into capsules for sale. The indictment alleges the conspiracy involved committing violence in furtherance of drug trafficking to include committing two murders and another shooting. Tucker was not charged with the violence.
The St. Louis County Police Department and Drug Enforcement Administration investigated the case. Assistant United States Attorney Paul D’Agrosa is handling the case.
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Jackson County Bait Operator Pleads Guilty to Illegal Seafood TraffickingRead the Press Release
Gulfport, Miss. – Joshua Jerome Moak, 36, of Moss Point, Mississippi, who operated a business known as “Moak’s Minnows” in Jackson County, pled guilty today to violating the federal Lacey Act, announced Acting U.S. Attorney Darren LaMarca; Manny Antonaras, Assistant Director of the National Oceanic and Atmospheric Administration, Office of Law Enforcement; and Chief Kyle Wilkerson of the Mississippi Department of Marine Resources, Office of Marine Patrol. The federal Lacey Act makes it unlawful to sell in interstate commerce any fish taken in violation of state law.
Moak pled guilty before U.S. District Judge Taylor McNeel. He made his initial appearance and waived indictment earlier today before U.S. Magistrate Judge John Gargiulo at the federal courthouse in Gulfport.
In the felony information to which Moak pled guilty, he was charged with violating the Lacey Act by selling live shrimp and minnows to bait shop operators in Alabama and Florida. Moak caught the bait in Mississippi waters and then transported the bait to out-of-state bait shop operators without having a license and otherwise complying with requirements of Mississippi law. As administered by the Mississippi Department of Marine Resources, Mississippi regulates the seafood industry to preserve fish stocks and protect the local fishing market.
“The U.S. Department of Justice is committed to prosecuting unlicensed dealers and others who jeopardize our nation’s fisheries by illegally transporting catch in interstate commerce in violation of state law," said Acting United States Attorney LaMarca. "Preserving our nation's fishing industry is essential to the sustainable management of our fisheries resource."
For the Lacey Act charge, Moak faces a maximum of five years of imprisonment. In addition to possible imprisonment, the defendant faces a maximum fine of $250,000, and three years of supervised release. Sentencing has been scheduled for June 24, 2021 at 10:00 a.m. before U.S. District Judge Taylor McNeel.
Acting United States Attorney LaMarca praised the efforts of the federal and state investigative agencies for their diligent work in the investigation of this matter. The case was investigated by NOAA Office of Law Enforcement and Mississippi Department of Marine Resources. It is being prosecuted by Assistant U.S. Attorney Gaines Cleveland.
Houston Man Sentenced for Heroin ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that on March 18, 2021, CARLOS ALBERTO GONZALES VALENCIA, age 38, of Houston, Texas, was sentenced by United States District Judge Barry W. Ashe after previously pleading guilty to one count of conspiracy to distribute and to possess with intent to distribute more than one kilogram of heroin.
According to court documents, VALENCIA and others conspired to distribute and to possess with intent to distribute one kilogram or more of heroin between sometime prior to July 19, 2017 and on or about June 29, 2018.
United States District Court Judge Ashe sentenced VALENCIA to 57 months of imprisonment, followed by two years of supervised release. The Court also imposed a $100 mandatory special assessment.
U.S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigation, the Drug Enforcement Administration, and the New Orleans Police Department in investigating this matter. Assistant United States Attorneys Maria Carboni and Jonathan L. Shih were in charge of the prosecution.
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Houston Man Sentenced for Heroin ConspiracyRead the Press Release
NEW ORLEANS – U.S. Attorney Duane A. Evans announced that on March 18, 2021, HARVEY VICTORIA-CUELLAR, age 41, of Houston, Texas, was sentenced by United States District Judge Barry W. Ashe after previously pleading guilty to one count of conspiracy to distribute and to possess with intent to distribute more than one kilogram of heroin.
According to court documents, VICTORIA-CUELLAR and others conspired to distribute and to possess with intent to distribute one kilogram or more of heroin between sometime prior to July 19, 2017 and on or about June 29, 2018.
United States District Court Judge Ashe sentenced VICTORIA-CUELLAR to 78 months of imprisonment, followed by three years of supervised release. The Court also imposed a $100 mandatory special assessment.
U.S. Attorney Duane A. Evans praised the work of the Federal Bureau of Investigation, the Drug Enforcement Administration, and the New Orleans Police Department in investigating this matter. Assistant United States Attorneys Maria Carboni and Jonathan L. Shih were in charge of the prosecution.
Honduran National Pleads Guilty and is Sentenced for Illegal Re-EntryRead the Press Release
NEW ORLEANS - U.S. Attorney Duane A. Evans announced today that Miguel Angel Solorzano-Dominguez, age 34, pleaded guilty and was sentenced today on a one-count indictment. He was charged by a Grand Jury in March 2020 with illegal reentry of a removed alien, in violation of Title 8, United States Code, Section 1326(a).
After accepting Solorzano-Dominguez guilty plea, U.S. District Judge Mary Ann Vial Lemmon sentenced Solorzano-Dominguez to time served and a $100 special assessment fee. Solorzano-Dominguez has been incarcerated since February 1, 2020. The defendant will be surrendered to the custody of the U.S. Immigration and Customs Enforcement for removal proceedings.
According to documents signed by the defendant and filed in open court, Solorzano-Dominguez admitted to being a citizen of Honduras, and being illegally present in the United States. He further admitted to illegally re-entering the United States after being deported July 9, 2010.
U.S. Attorney Evans praised the work of the United States Department of Homeland Security and the New Orleans Police Department in investigating this matter. Assistant U. S. Attorney Carter K. D. Guice, Jr. is in charge of the prosecution.
Helena man suspected of possessing stolen firearm appears in courtRead the Press Release
MISSOULA – A Helena man arrested on a federal warrant by the Bureau of Alcohol, Tobacco, Firearms and Explosives on suspicion of possessing a stolen firearm appeared in U.S. District Court today on a criminal complaint, Acting U.S. Attorney Leif Johnson said.
The criminal complaint filed in the case accuses Robert Raymond Fasuga, 39, of possession of a stolen firearm. If convicted of the most serious crime, Fasuga faces a maximum 10 years in prison, a $250,000 fine and three years of supervised release.
A criminal complaint is only an accusation, and a defendant is presumed innocent until proven guilty beyond a reasonable doubt.
U.S. Magistrate Judge Kathleen L. DeSoto presided. Fasuga was detained pending further proceedings.
According to the criminal complaint and affidavit filed in support of the complaint, on June 15, 2020, Fasuga engaged the Lewis and Clark County Sheriff’s Office in a vehicle pursuit that led to Fasuga’s residence. In attempting to arrest Fasuga, Fasuga threatened suicide with two pistols he had on his person. Deputies talked Fasuga into putting down the firearms and took him into custody. The court documents further allege the investigation determined that one of the firearms recovered from Fasuga was suspected of having been stolen from Mountain Man Trading Post in January 2020.
The Bureau of Alcohol, Tobacco, Firearms and Explosives and the Lewis and Clark County Sheriff’s Office investigated the case.
PACER case reference. 21-05.
The progress of cases may be monitored through the U.S. District Court Calendar and the PACER system. To establish a PACER account, which provides electronic access to review documents filed in a case, please visit http://www.pacer.gov/register.html. To access the District Court’s calendar, please visit https://ecf.mtd.uscourts.gov/cgi-bin/PublicCalendar.pl.
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